TITLE 4. CONSERVATION AND NATURAL RESOURCES
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the
Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of
Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-20. Definitions and
Miscellaneous: In General (amending 4VAC15-20-50, 4VAC15-20-65,
4VAC15-20-130; adding 4VAC15-20-240).
Statutory Authority: §§ 29.1-103 and 29.1-501 of the
Code of Virginia.
Public Hearing Information:
May 30, 2019 - 9 a.m. - Department of Game and Inland
Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: May 15, 2019.
Agency Contact: Aaron Proctor, Regulations Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
aaron.proctor@dgif.virginia.gov.
Summary:
The proposed amendments (i) update department headquarters
references, (ii) prohibit use of drones for certain activities, and (iii)
increase license fees.
4VAC15-20-50. Definitions; "wild animal,"
"native animal," "naturalized animal," "nonnative
(exotic) animal," and "domestic animal."
A. In accordance with § 29.1-100 of the Code of Virginia, the
following terms shall have the meanings ascribed to them by this section when
used in regulations of the board:
"Native animal" means those species and subspecies
of animals naturally occurring in Virginia, as included in the department's
2018 "List of Native and Naturalized Fauna of Virginia," with copies
available in the Richmond headquarters and regional offices of
the department.
"Naturalized animal" means those species and
subspecies of animals not originally native to Virginia that have established
wild, self-sustaining populations, as included in the department's 2018
"List of Native and Naturalized Fauna of Virginia," with copies
available in the Richmond headquarters and regional offices of
the department.
"Nonnative (exotic) animal" means those species and
subspecies of animals not naturally occurring in Virginia, excluding domestic
and naturalized species.
The following animals are defined as domestic animals:
Domestic dog (Canis familiaris), including wolf hybrids.
Domestic cat (Felis catus), including hybrids with wild
felines.
Domestic horse (Equus caballus), including hybrids with Equus
asinus.
Domestic ass, burro, and donkey (Equus asinus).
Domestic cattle (Bos taurus and Bos indicus).
Domestic sheep (Ovis aries) including hybrids with wild sheep.
Domestic goat (Capra hircus).
Domestic swine (Sus scrofa), including pot-bellied pig and
excluding any swine that are wild or for which no claim of ownership can be
made.
Llama (Lama glama).
Alpaca (Lama pacos).
Camels (Camelus bactrianus and Camelus dromedarius).
Domesticated races of hamsters (Mesocricetus spp.).
Domesticated races of mink (Mustela vison) where adults are
heavier than 1.15 kilograms or their coat color can be distinguished from wild
mink.
Domesticated races of guinea pigs (Cavia porcellus).
Domesticated races of gerbils (Meriones unguiculatus).
Domesticated races of chinchillas (Chinchilla laniger).
Domesticated races of rats (Rattus norvegicus and Rattus
rattus).
Domesticated races of mice (Mus musculus).
Domesticated breeds of European rabbit (Oryctolagus cuniculus)
recognized by the American Rabbit Breeders Association, Inc. and any lineage
resulting from crossbreeding recognized breeds. A list of recognized rabbit
breeds is available on the department's website.
Domesticated races of chickens (Gallus).
Domesticated races of turkeys (Meleagris gallopavo).
Domesticated races of ducks and geese distinguishable
morphologically from wild birds.
Feral pigeons (Columba domestica and Columba livia) and
domesticated races of pigeons.
Domesticated races of guinea fowl (Numida meleagris).
Domesticated races of peafowl (Pavo cristatus).
"Wild animal" means any member of the animal
kingdom, except domestic animals, including without limitation any native,
naturalized, or nonnative (exotic) mammal, fish, bird, amphibian, reptile,
mollusk, crustacean, arthropod, or other invertebrate, and includes any
hybrid of them, except as otherwise specified in regulations of the board, or
part, product, egg, or offspring of them, or the dead body or parts of them.
B. Exception for red foxes and European rabbits. Domesticated
red foxes (Vulpes vulpes) having coat colors distinguishable from wild red
foxes and wild European rabbits possessed in captivity on July 1, 2017, may be
maintained in captivity until the animal dies, but the animal may not be bred
or sold without a permit from the department. Persons possessing domesticated
red foxes or European rabbits without a permit from the department must declare
such possession in writing to the department by January 1, 2018. This written
declaration must include the number of individual animals in possession and
date acquired, sex, estimated age, coloration, and a photograph of each fox or
European rabbit. This written declaration shall (i) serve as a permit for
possession only, (ii) is not transferable, and (iii) must be renewed every five
years.
4VAC15-20-65. Hunting, trapping, and fishing license and permit
fees.
In accordance with the authority of the board under
subdivision 16 of § 29.1-103 of the Code of Virginia, the following fees are
established for hunting, trapping, and fishing licenses and permits:
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Virginia Resident Licenses to Hunt
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Type license
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Fee
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1-year One-year Resident License to Hunt, for
licensees 16 years of age or older
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$22.00
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2-year Two-year Resident License to Hunt, for
licensees 16 years of age or older
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$43.00
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3-year Three-year Resident License to Hunt,
for licensees 16 years of age or older
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$64.00
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4-year Four-year Resident License to Hunt, for
licensees 16 years of age or older
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$85.00
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County or City Resident License to Hunt in County or City of
Residence Only, for licensees 16 years of age or older
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$15.00
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Resident Senior Citizen Annual License to Hunt, for
licensees 65 years of age or older
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$8.00
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Resident Junior License to Hunt, for licensees 12 through 15
years of age, optional for licensees under younger than 12
years of age
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$7.50
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Resident Youth Combination License to Hunt, and to hunt
bear, deer, and turkey, to hunt with archery equipment during archery hunting
season, and to hunt with muzzleloading guns during muzzleloading hunting
season, for licensees under younger than 16 years of age
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$15.00
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Resident Sportsman License to Hunt and Freshwater Fish, and
to hunt bear, deer, and turkey, to hunt with archery equipment during archery
hunting season, to hunt with muzzleloading guns during muzzleloading hunting
season, to fish in designated stocked trout waters (also listed under
Virginia Resident Licenses to Fish)
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$132.00 $109.00
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Resident Hunting License for Partially Disabled Veterans
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$11.00
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Resident Infant Lifetime License to Hunt
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$130.00
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Resident Junior Lifetime License to Hunt, for licensees under
younger than 12 years of age at the time of purchase
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$255.00 $260.00
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Resident Lifetime License to Hunt, for licensees at the time
of purchase:
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through 44 years of age
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$260.00 $265.00
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45 through 50 years of age
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$210.00 $215.00
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51 through 55 years of age
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$160.00 $165.00
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56 through 60 years of age
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$110.00 $115.00
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61 through 64 years of age
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$60.00 $65.00
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65 years of age and over older
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$20.00 $25.00
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Resident Hunting License for Partially Disabled Veterans
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$11.00
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Totally and Permanently Disabled Resident Special Lifetime
License to Hunt
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$15.00
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Service-Connected Totally and Permanently Disabled Veteran
Resident Lifetime License to Hunt or Freshwater Fish (also listed under
Virginia Resident Licenses to Fish)
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no fee
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Virginia Resident Licenses for Additional Hunting Privileges
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Type license or permit
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Fee
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Resident Deer and Turkey Hunting License, for licensees 16
years of age or older
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$22.00
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Resident Junior Deer and Turkey Hunting License, for
licensees under younger than 16 years of age
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$7.50
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Resident Archery License to Hunt with archery equipment
during archery hunting season
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$17.00
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Resident Bear Hunting License
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$20.00
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Resident Muzzleloading License to Hunt during muzzleloading
hunting season
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$17.00
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Resident Bonus Deer Permit
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$17.00
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Resident Fox Hunting License to hunt foxes on horseback with
hounds without firearms (not required of an individual holding a general
License to Hunt)
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$22.00
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Virginia Nonresident Licenses to Hunt
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Type license
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Fee
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Nonresident License to Hunt, for licensees 16 years of age
or older
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$110.00
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Nonresident Three-Day Trip License to Hunt
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$59.00
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Nonresident Youth License to
Hunt, for licensees:
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under younger than 12 years of age
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$12.00
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12 through 15 years of age
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$15.00
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Nonresident Youth Combination License to Hunt, and to hunt
bear, deer, and turkey, to hunt with archery equipment during archery hunting
season, and to hunt with muzzleloading guns during muzzleloading hunting
season, for licensees under younger than 16 years of age
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$30.00
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Nonresident Annual Hunting License for Partially Disabled
Veterans
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$55.00
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Nonresident Annual Hunting License for Totally and
Permanently Disabled Veterans
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$27.50
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Nonresident Infant Lifetime License to Hunt
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$275.00
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Nonresident Lifetime License to Hunt
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$555.00 $580.00
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Virginia Nonresident Licenses for Additional Hunting
Privileges
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Type license or permit
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Fee
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Nonresident Deer and Turkey Hunting License, for licensees:
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|
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16 years of age or older
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$85.00
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12 through 15 years of age
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$15.00
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under younger than 12 years of age
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$12.00
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Nonresident Bear Hunting License
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$150.00
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Nonresident Archery License to Hunt with archery equipment
during archery hunting season
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$30.00
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Nonresident Muzzleloading License to Hunt during
muzzleloading hunting season
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$30.00
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Nonresident Shooting Preserve License to Hunt within the
boundaries of a licensed shooting preserve
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$22.00
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Nonresident Bonus Deer Permit
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$30.00
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Nonresident Fox Hunting License to hunt foxes on horseback
with hounds without firearms (not required of an individual holding a general
License to Hunt)
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$110.00
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Miscellaneous Licenses or Permits to Hunt
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Type license or permit
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Fee
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Waterfowl Hunting Stationary Blind in Public Waters License
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$22.50
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Waterfowl Hunting Floating Blind in Public Waters License
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$40.00
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Foxhound Training Preserve License
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$17.00
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Public Access Lands for Sportsmen Permit to Hunt, Trap, or
Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits
to Fish)
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$17.00 $22.00
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Virginia Resident and Nonresident Licenses to Trap
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Type license
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Fee
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1-year One-year Resident License to Trap, for
licensees 16 years of age or older
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$45.00
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2-year Two-year Resident License to Trap, for
licensees 16 years of age or older
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$89.00
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3-year Three-year Resident License to Trap,
for licensees 16 years of age or older
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$133.00
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4-year Four-year Resident License to Trap, for
licensees 16 years of age or older
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$177.00
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County or City Resident License to Trap in County or City of
Residence Only
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$20.00
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Resident Junior License to Trap, for licensees under younger
than 16 years of age
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$10.00
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Resident Senior Citizen License to Trap, for licensees 65
years of age or older
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$8.00
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Resident Senior Citizen Lifetime License to Trap, for
licensees 65 years of age or older
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$20.00 $25.00
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Totally and Permanently Disabled Resident Special Lifetime
License to Trap
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$15.00
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Service-Connected Totally and Permanently Disabled Veteran
Resident Lifetime License to Trap
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$15.00
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Nonresident License to Trap
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$205.00
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Virginia Resident Licenses to Fish
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Type license
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Fee
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1-year One-year Resident License to Freshwater
Fish
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$22.00
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2-year Two-year Resident License to Freshwater
Fish
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$43.00
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3-year Three-year Resident License to
Freshwater Fish
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$64.00
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4-year Four-year Resident License to
Freshwater Fish
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$85.00
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County or City Resident License to Freshwater Fish in County
or City of Residence Only
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$15.00
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Resident License to Freshwater Fish, for licensees 65 years
of age or older
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$8.00
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Resident License to Fish in Designated Stocked Trout Waters
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$22.00
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Resident License to Freshwater and Saltwater Fish
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$38.50
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Resident License to Freshwater Fish for Five Consecutive
Days
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$13.00
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Resident License to Freshwater and Saltwater Fish for Five
Consecutive Days
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$23.00
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Resident Sportsman License to Hunt and Freshwater Fish, and
to hunt bear, deer, and turkey, to hunt with archery equipment during archery
hunting season, to hunt with muzzleloading guns during muzzleloading hunting
season, to fish in designated stocked trout waters (also listed under
Virginia Resident Licenses to Hunt)
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$132.00 $109.00
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Resident Fishing License for Partially Disabled Veterans
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$11.00
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Resident Infant Lifetime License to Fish
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130.00
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Resident Special Lifetime License to Freshwater Fish, for licensees
at the time of purchase:
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through 44 years of age
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$260.00 $265.00
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45 through 50 years of age
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$210.00 $215.00
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51 through 55 years of age
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$160.00 $165.00
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56 through 60 years of age
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$110.00 $115.00
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61 through 64 years of age
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$60.00 $65.00
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65 years of age and over older
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$20.00 $25.00
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Resident Special Lifetime License to Fish in Designated
Stocked Trout Waters, for licensees at the time of purchase:
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|
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through 44 years of age
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$260.00 $265.00
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45 through 50 years of age
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$210.00 $215.00
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51 through 55 years of age
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$160.00 $165.00
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56 through 60 years of age
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$110.00 $115.00
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61 through 64 years of age
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$60.00 $65.00
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65 years of age and over older
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$20.00 $25.00
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Resident Fishing License for Partially Disabled Veterans
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$11.00
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Totally and Permanently Disabled Resident Special Lifetime
License to Freshwater Fish
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$15.00
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Service-Connected Totally and Permanently Disabled Veteran
Resident Lifetime License to Hunt and Freshwater Fish (also listed under
Virginia Resident Licenses to Hunt)
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no fee
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Virginia Nonresident Licenses to Fish
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Type license
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Fee
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Nonresident License to Freshwater Fish
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$46.00
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Nonresident License to Freshwater Fish in Designated Stocked
Trout Waters
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$46.00
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Nonresident License to Freshwater and Saltwater Fish
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$70.00
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Nonresident Fishing License for Partially Disabled Veterans
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$23.00
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Nonresident Annual Fishing License for Totally and
Permanently Disabled Veterans
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$11.50
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Nonresident License to Freshwater Fish for One Day
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$7.00
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Nonresident License to Freshwater Fish for Five Consecutive
Days
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$20.00
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Nonresident License to Freshwater and Saltwater Fish for
Five Consecutive Days
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$30.00
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Nonresident Infant Lifetime License to Fish
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$275.00
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Nonresident Special Lifetime License to Freshwater Fish
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$555.00 $580.00
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Nonresident Special Lifetime License to in Fish in
Designated Stocked Trout Waters
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$555.00 $580.00
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Miscellaneous Licenses or Permits to Fish
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Type license or permit
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Fee
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Permit to Fish for One Day at Board-Designated Stocked Trout
Fishing Areas with Daily Use Fees
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$7.00
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Public Access Lands for Sportsmen Permit to Hunt, Trap, or
Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits
to Hunt)
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$17.00
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Special Guest Fishing License
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$60.00
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4VAC15-20-130. Endangered and threatened species; adoption of
federal list; additional species enumerated.
A. The board hereby adopts the Federal Endangered and
Threatened Species List, Endangered Species Act of December 28, 1973 (16 USC
§§ 1531-1543), as amended as of August 4, 2016 February
26, 2019, and declares all species listed thereon to be endangered or
threatened species in the Commonwealth. Pursuant to subdivision 12 of §
29.1-103 of the Code of Virginia, the director of the department is hereby delegated
authority to propose adoption of modifications and amendments to the Federal
Endangered and Threatened Species List in accordance with the procedures of
§§ 29.1-501 and 29.1-502 of the Code of Virginia.
B. In addition to the provisions of subsection A of this
section, the following species are declared endangered or threatened in this
Commonwealth, and are afforded the protection provided by Article 6
(§ 29.1-563 et seq.) of Chapter 5 of Title 29.1 of the Code of Virginia:
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1. Fish:
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Endangered
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Dace, Tennessee
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Phoxinus tennesseensis
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Darter, sharphead
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Etheostoma acuticeps
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Darter, variegate
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Etheostoma variatum
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Sunfish, blackbanded
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Enneacanthus chaetodon
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Threatened:
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Darter, Carolina
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Etheostoma collis
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Darter, golden
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Etheostoma denoncourti
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Darter, greenfin
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Etheostoma chlorobranchium
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Darter, sickle
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Percina willliamsi
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Darter, western sand
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Ammocrypta clara
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Madtom, orangefin
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Noturus gilberti
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Paddlefish
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Polyodon spathula
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Shiner, emerald
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Notropis atherinoides
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Shiner, steelcolor
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Cyprinella whipplei
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Shiner, whitemouth
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Notropis alborus
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2. Amphibians:
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Endangered:
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Salamander,
eastern tiger
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Ambystoma tigrinum
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Threatened:
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Salamander, Mabee's
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Ambystoma mabeei
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Treefrog, barking
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Hyla gratiosa
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3. Reptiles:
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Endangered:
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Rattlesnake, canebrake (Coastal Plain population of timber
rattlesnake)
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Crotalus horridus
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Turtle, bog
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Glyptemys muhlenbergii
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Turtle, eastern chicken
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Deirochelys reticularia reticularia
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Threatened:
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Lizard, eastern glass
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Ophisaurus ventralis
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Turtle, wood
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Glyptemys insculpta
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4. Birds:
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Endangered:
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Plover, Wilson's
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Charadrius wilsonia
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Rail, black
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Laterallus jamaicensis
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Wren, Bewick's
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Thryomanes bewickii bewickii
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Threatened:
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Falcon, peregrine
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Falco peregrinus
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Shrike, loggerhead
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Lanius ludovicianus
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Sparrow, Bachman's
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Aimophila aestivalis
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Sparrow, Henslow's
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Ammodramus henslowii
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Tern, gull-billed
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Sterna nilotica
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5. Mammals:
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Endangered:
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Bat, Rafinesque's eastern big-eared
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Corynorhinus rafinesquii macrotis
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Bat, little brown
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Myotis lucifugus
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Bat, tri-colored
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Perimyotis subflavus
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Hare, snowshoe
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Lepus americanus
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Shrew, American water
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Sorex palustris
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Vole, rock
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Microtus chrotorrhinus
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6. Mollusks:
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Endangered:
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Coil, rubble
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Helicodiscus lirellus
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Coil, shaggy
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Helicodiscus diadema
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Deertoe
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Truncilla truncata
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Elephantear
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Elliptio crassidens
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Elimia, spider
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Elimia arachnoidea
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Floater, brook
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Alasmidonta varicosa
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Ghostsnail, thankless
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Holsingeria unthanksensis
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Heelsplitter, Tennessee
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Lasmigona holstonia
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Lilliput, purple
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Toxolasma lividus
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Mussel, slippershell
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Alasmidonta viridis
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Pigtoe, Ohio
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Pleurobema cordatum
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Pigtoe, pyramid
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Pleurobema rubrum
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Springsnail, Appalachian
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Fontigens bottimeri
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Springsnail (no common name)
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Fontigens morrisoni
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Supercoil, spirit
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Paravitrea hera
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Threatened:
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Floater, green
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Lasmigona subviridis
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Papershell, fragile
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Leptodea fragilis
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Pigtoe, Atlantic
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Fusconaiamasoni
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Pimpleback
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Quadrula pustulosa pustulosa
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Pistolgrip
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Tritogonia verrucosa
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Riversnail, spiny
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Iofluvialis
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Sandshell, black
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Ligumia recta
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Supercoil, brown
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Paravitrea septadens
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7. Arthropods:
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Threatened:
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Amphipod, Madison Cave
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Stygobromus stegerorum
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Pseudotremia, Ellett Valley
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Pseudotremia cavernarum
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Xystodesmid, Laurel Creek
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Sigmoria whiteheadi
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C. It shall be unlawful to take, transport, process, sell, or
offer for sale within the Commonwealth any threatened or endangered species of
fish or wildlife except as authorized by law.
D. The incidental take of certain species may occur in
certain circumstances and with the implementation of certain conservation
practices as described in this subsection:
VA.R. Doc. No. R19-5933; Filed April 9, 2019, 3:53 p.m.