TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider amending 2VAC5-320, Regulations for the Enforcement of the Endangered Plant and Insect Species Act. The purpose of the proposed action is to add certain endangered and threatened plant and insect species that the board has determined are in danger of extinction or likely to become endangered in the foreseeable future throughout all or a significant portion of their native range. This action reflects the imperiled status of the various species and seeks to protect these species from take and destruction. The amendments are also expected to stimulate conservation programs to preserve and protect the affected species. The action is the result of a consultation with the Virginia Department of Conservation and Recreation regarding candidate species from reliable survey data gathered since the last time the lists of endangered and threatened plant and insect species were amended in 2020.

In addition, pursuant to § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether the regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 3.2-1002 and 3.2-1005 of the Code of Virginia.

Public Comment Deadline: June 17, 2026.

Agency Contact: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, fax (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.