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 the following regulations: 2VAC5-320, Regulations for the Enforcement of the Endangered Plant and Insect Species Act. The purpose of the proposed action is to amend the lists of endangered and threatened plant and insect species by (i) removing from the regulation a plant species that is no longer globally rare, (ii) transferring certain plant species from the endangered list to the threatened list to reflect the improved status of those species, and (iii) adding to the endangered and threatened lists certain plant and insect species that are considered in danger of extinction, or which are 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 it seeks to protect them from take and destruction. It will also stimulate conservation programs to preserve and protect the affected species.

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 Comments: Public comments may be submitted until 5 p.m. on July 8, 2009.

Agency Contact: Frank Fulgham, Program Manager, Department of Agriculture and Consumer Services, P. O. Box 1163, Richmond, VA 23218, telephone (804) 786-0440, FAX (804) 371-7793, TTY (800) 828-1120, or email frank.fulgham@vdacs.virginia.gov.