Title of Regulation: 4VAC15-20. Definitions and Miscellaneous: in General (amending 4VAC15-20-50, 4VAC15-20-130, 4VAC15-20-140).

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Effective Date: January 1, 2011.

Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341 or email phil.smith@dgif.virginia.gov.

Summary:

The amendments (i) update the department's "List of Native and Naturalized Fauna of Virginia," consistent with current nomenclature and knowledge of the wildlife of the Commonwealth; (ii) add the Virginia northern flying squirrel (Glaucomys sabrinus fuscus) to the Virginia List of Endangered and Threatened Species, thereby prohibiting the taking, transportation, possession, or sale of these rare native species without a permit, and adopt the updated and modified federal list of endangered and threatened wildlife species to clarify the federal and state status of affected species; and (iii) delete the regulatory definition of "special concern," which will reduce confusion with species identified in Virginia's Wildlife Action Plan as "species of greatest conservation need."

4VAC15-20-50. Definitions; "wild animal," "native animal," "naturalized animal," "nonnative (exotic) animal" and "domestic animal."

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:

"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.

"Native animal" means those species and subspecies of animals naturally occurring in Virginia, as included in the department's 2007 2010 "List of Native and Naturalized Fauna of Virginia," with copies available in the Richmond and regional offices of the department.

"Naturalized animal" means those species and subspecies of animals not originally native to Virginia which have established wild, self-sustaining populations, as included in the department's 2007 2010 "List of Native and Naturalized Fauna of Virginia," with copies available in the Richmond 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 domestica), including pot-bellied pig.

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 red fox (Vulpes) where their coat color can be distinguished from wild red fox.

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 races of European rabbit (Oryctolagus cuniculus).

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.

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, and declares all species listed thereon to be endangered or threatened species in the Commonwealth. Pursuant to § 29.1-103.12 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, 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:

1. Fish:
	Endangered:
		Dace, Tennessee			Phoxinus tennesseensis
		Darter, sharphead			Etheostoma acuticeps
		Darter,variegate			Etheostoma variatum
		Sunfish, blackbanded			Enneacanthus chaetodon
	Threatened:
		Darter, Carolina			Etheostoma collis
		Darter, golden			Etheostoma denoncourti
		Darter, greenfin			Etheostoma chlorobranchium
		Darter, longhead			Percina macrocephala
		Darter, western sand			Ammocrypta clara
		Madtom, orangefin			Noturus gilberti
		Paddlefish			Polyodon spathula
		Shiner, emerald			Notropis atherinoides
		Shiner, steelcolor			Cyprinella whipplei
		Shiner, whitemouth			Notropis alborus
2. Amphibians:
	Endangered:
		Salamander, eastern tiger			Ambystoma tigrinum tigrinum
	Threatened:
		Salamander, Mabee's			Ambystoma mabeei
		Treefrog, barking			Hyla gratiosa
3. Reptiles:
	Endangered:
		Rattlesnake, canebrake (Coastal Plain population of timber rattlesnake)			Crotalus horridus
		Turtle, bog			Glyptemys muhlenbergii
		Turtle, eastern chicken			Deirochelys reticularia reticularia
	Threatened:
		Lizard, eastern glass			Ophisaurus ventralis
		Turtle, wood			Glyptemys insculpta
4. Birds:
	Endangered:
		Plover, Wilson's			Charadrius wilsonia
		Wren, Bewick's			Thryomanes bewicki bewickii
	Threatened:
		Eagle, bald			Haliaeetus leucocephalus
		Falcon, peregrine			Falco peregrinus
		Sandpiper, upland			Bartramia longicauda
		Shrike, loggerhead			Lanius ludovicianus
		Sparrow, Bachman's			Aimophila aestivalis
		Sparrow, Henslow's			Ammodramus henslowii
		Tern, gull-billed			Sterna nilotica
5. Mammals:
	Endangered:
		Bat, Rafinesque's eastern big-eared			Corynorhinus rafinesquii macrotis
		Hare, snowshoe			Lepus americanus
		Shrew, American water			Sorex palustris
		Squirrel, Virginia northern flying			Glaucomys sabrinus fuscus
		Vole, rock			Microtus chrotorrhinus
	Threatened:
		Shrew, Dismal Swamp southeastern			Sorex longirostris fisheri
6. Molluscs:
	Endangered:
		Ghostsnail, thankless			Holsingeria unthanksensis
		Coil, rubble			Helicodiscus lirellus
		Coil, shaggy			Helicodiscus diadema
		Deertoe			Truncilla truncata
		Elephantear			Elliptio crassidens
		Elimia, spider			Elimia arachnoidea
		Floater, brook			Alasmidonta varicosa
		Heelsplitter, Tennessee			Lasmigona holstonia
		Lilliput, purple			Toxolasma lividus
		Mussel, slippershell			Alasmidonta viridis
		Pigtoe, Ohio cordatum			Pleurobema
		Pigtoe, pyramid			Pleurobema rubrum
		Snuffbox			Epioblasma triquetra
		Springsnail, Appalachian			Fontigens bottimeri
		Springsnail (no common name)			Fonitgens morrisoni
		Spectaclecase			Cumberlandia monodonta
		Supercoil, spirit			Paravitrea hera
	Threatened:
		Floater, green			Lasmigona subviridis
		Papershell, fragile			Leptodea fragilis
		Pearlymussel, slabside			Lexingtonia dolabelloides
		Pigtoe, Atlantic			Fusconaiamasoni
		Pimpleback			Quadrula pustulosa pustulosa
		Pistolgrip			Tritogonia verrucosa
		Riversnail, spiny			Iofluvialis
		Sandshell, black			Ligumia recta
		Sheepnose			Plethobasus cyphyus
		Supercoil, brown			Paravitrea septadens
7. Arthropods:
	Threatened:
			Amphipod, Madison Cave		Stygobromus stegerorum
			Pseudotremia, Ellett Valley		Pseudotremia cavernarum
			Xystodesmid, Laurel Creek		Sigmoria whiteheadi
8. Crustaceans:
	Endangered:
			Crayfish, Big Sandy	Cambarus veteranus

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.

4VAC15-20-140. Endangered species—definitions.

For the purposes of §§ 29.1-564 through 29.1-570 of the Code of Virginia, 4VAC15-20-130 of this chapter, and this section:

1. "Endangered species" means any species which is in danger of extinction throughout all or a significant portion of its range within the Commonwealth, other than a species of the class Insecta deemed to be a pest whose protection would present an overriding risk to the health or economic welfare of the Commonwealth.

2. "Fish or wildlife" means any member of the animal kingdom, vertebrate or invertebrate, without limitation, and includes any part, products, egg, or the dead body or parts of it.

3. "Harass," in the definition of "take," means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding or sheltering.

4. "Harm," in the definition of "take," means an act which actually kills or injures wildlife. Such act may include significant habitat modifications or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

5. "Person" means any individual, firm, corporation, association or partnership.

6. "Special concern" means any species, on a list maintained by the director, which is restricted in distribution, uncommon, ecologically specialized or threatened by other imminent factors.

7. 6. "Species" includes any subspecies of fish or wildlife and any district population segment of any species or vertebrate fish or wildlife which interbreed when mature.

8. 7. "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, possess or collect, or to attempt to engage in any such conduct.

9. 8. "Threatened species" means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range within the Commonwealth.

DOCUMENTS INCORPORATED BY REFERENCE (4VAC15-20)

2010 List of Native and Naturalized Fauna of Virginia, Virginia Department of Game and Inland Fisheries.