TITLE 4. CONSERVATION AND NATURAL RESOURCES
REGISTRAR'S NOTICE: The Board of Wildlife Resources 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 4VAC15-20-10, 4VAC15-20-65, 4VAC15-20-100, 4VAC15-20-130, 4VAC15-20-150, 4VAC15-20-240; adding 4VAC15-20-151, 4VAC15-20-152).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2021.
Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dwr.virginia.gov.
Summary:
The amendments (i) add a resident and nonresident elk hunting license, (ii) lower the price of a nonresident license to freshwater fish in designated stocked trout waters, (iii) clarify that class one and class two electric power-assist bicycles may be used on Wildlife Management Areas where bicycles are allowed, (iv) update the List of the Federal Endangered and Threatened Species, (v) add the Clinch dace and red-cockaded woodpecker and remove the barking treefrog from the state Threatened and Endangered Species List, (vi) set calendar restrictions on leaving treestands on department-owned lands, (vii) add parameters on habitat manipulation on department-owned lands, (viii) add a prohibition on target shooting on department-owned lands that are not designated sighting in ranges, (ix) prohibit use of drones to assist in a hunt on the same calendar day, and (x) define the Counties of Buchanan, Dickenson, and Wise as the newly-established Elk Management Zone.
4VAC15-20-10. Definitions; generally.
A. Words and phrases used in any regulations made by the board shall have the same meaning, unless the context clearly indicates otherwise, as is given for such words and phrases in Title 29.1 (§ 29.1-100 et seq.) of the Code of Virginia unless the context clearly indicates otherwise.
B. The following word or term when used in this chapter shall have the following meaning unless the context indicates otherwise:
"Elk Management Zone" means the Counties of (i) Buchanan, (ii) Dickenson, and (iii) Wise, and the cities and towns therein.
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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One-year Resident License to Hunt, for licensees 16 years of age or older
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$22.00
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Two-year Resident License to Hunt, for licensees 16 years of age or older
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$43.00
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Three-year Resident License to Hunt, for licensees 16 years of age or older
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$64.00
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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 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 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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$99.00
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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 younger than 12 years of age at the time of purchase
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$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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$265.00
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45 through 50 years of age
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$215.00
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51 through 55 years of age
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$165.00
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56 through 60 years of age
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$115.00
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61 through 64 years of age
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$65.00
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65 years of age and older
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$25.00
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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 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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Resident Special Elk Hunting License (not required outside of the Elk Management Zone and only awarded to individuals through a department elk license program)
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$40.00
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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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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 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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$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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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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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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Nonresident Special Elk Hunting License (not required outside of the Elk Management Zone and only awarded to individuals through a department elk license program)
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$400.00
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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
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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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One-year Resident License to Trap, for licensees 16 years of age or older
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$45.00
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Two-year Resident License to Trap, for licensees 16 years of age or older
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$89.00
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Three-year Resident License to Trap, for licensees 16 years of age or older
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$133.00
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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 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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$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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One-year Resident License to Freshwater Fish
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$22.00
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Two-year Resident License to Freshwater Fish
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$43.00
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Three-year Resident License to Freshwater Fish
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$64.00
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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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$99.00
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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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$265.00
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45 through 50 years of age
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$215.00
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51 through 55 years of age
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$165.00
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56 through 60 years of age
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$115.00
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61 through 64 years of age
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$65.00
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65 years of age and older
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$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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through 44 years of age
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$265.00
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45 through 50 years of age
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$215.00
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51 through 55 years of age
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$165.00
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56 through 60 years of age
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$115.00
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61 through 64 years of age
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$65.00
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65 years of age and older
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$25.00
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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 $22.00
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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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$580.00
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Nonresident Special Lifetime License to in Fish in Designated Stocked Trout Waters
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$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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4VAC15-20-100. Prohibited use of vehicles on department-owned lands.
It shall be unlawful on department-owned lands to drive through or around gates designed to prevent entry with any type of motorized vehicle or to use such vehicles to travel anywhere on such lands except on roads open to vehicular traffic. Any motor-driven vehicle shall conform with all state laws for highway travel; provided, that this requirement shall not apply to the operation of motor vehicles for administrative purposes by department-authorized personnel on department-owned lands. Nothing in this section shall be construed to prohibit the use of Class one or Class two electric power-assisted bicycles as defined in § 46.2-100 of the Code of Virginia where traditional bicycles are allowed. Class three electric power-assisted bicycles as defined in § 46.2-100 are prohibited. Nothing in this section shall be construed to prohibit the department from allowing the use of wheelchairs or other power-driven mobility devices by individuals with mobility disabilities in accordance with the federal Americans with Disabilities Act of 1990 (P.L. 101-336, 104 Stat. 327).
For the purposes of this section, the term "wheelchair" means a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor, locomotion. "Other power-driven mobility device" means any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistive mobility devices, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair within the meaning of this section.
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 May 7, 2019 January 13, 2021, 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, Clinch
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Chrosomus sp. cf. saylori
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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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Woodpecker, red-cockaded
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Dryobates borealis
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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:
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Species
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Location
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Allowable Circumstances
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Required Conservation Measures
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Expected Incidental Take
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Little brown bat
Tri-colored bat
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Statewide
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Human health risk – need for removal of individual animals from human-habited structures.
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Between May 15 and August 31, no exclusion of bats from maternity colonies, except for human health concerns.
DGIF-permitted Department-permitted nuisance wildlife control operator with DGIF-recognized department-recognized certification in techniques associated with removal of bats.
Use of exclusion devices that allow individual animals to escape.
Manual collection of individual animals incapable of sustaining themselves; transport to a willing and appropriately permitted wildlife rehabilitator.
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Little to no direct lethal taking expected.
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Public safety or property damage risk – need for tree removal, application of prescribed fire, or other land management actions affecting known roosts; removal of animals from known roosts.
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Hibernacula: no tree removal, use of prescribed fire, or other land management action within a 250-foot radius buffer area from December 1 through April 30. Between September 1 and November 30, increase the buffer to a 1/4-mile radius with the following conditions: for timber harvests greater than 20 acres, retain snags and wolf trees (if not presenting public safety or property risk) and small tree groups up to 15 trees of 3-inch diameter at breast height (dbh) or greater, one tree group per 20 acres. Otherwise, document the need (public safety, property damage risk) for tree removal during this period and verify that no known roost trees exist in the buffer area. Tree removal and prescribed fire are permitted outside of these dates.
Known roost trees: no tree removal, use of prescribed fire, or other land management action within a 150-foot radius buffer area from June 1 through July 31, if possible. Otherwise, document public safety or property damage risk.
DGIF-permitted Department-permitted nuisance wildlife control operator with DGIF recognized department-recognized certification in techniques associated with removal of bats.
Use of exclusion devices that allow individual animals to escape.
Manual collection of individual animals incapable of sustaining themselves; transport to a willing and appropriately permitted wildlife rehabilitator.
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Little to no direct lethal taking expected.
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Facility or project operations when conducted in accordance with a DGIF-approved plan associated with these species.
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Development and implementation of a plan that avoids, minimizes, and mitigates incidental take associated with an otherwise lawful activity.
The plan shall include, but not be limited to, documenting the specific condition or action, the specific mitigation to be taken, and the expected incidental take.
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Little to no direct lethal taking expected.
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4VAC15-20-150. Structures on department-owned lands and national forest lands.
A. It shall be unlawful to construct, maintain or occupy any permanent structure, except by permit, on department-owned lands and national forest lands. This provision shall not apply to structures, stands or blinds provided by the department.
B. It shall be unlawful to maintain any temporary dwelling on department-owned lands for a period greater than 14 consecutive days. Any person constructing or occupying any temporary structure shall be responsible for complete removal of such structures when vacating the site.
C. It shall be unlawful to construct, maintain or occupy any tree stand on department-owned lands and national forest lands and on Department of Conservation and Recreation owned or controlled lands, provided that portable tree stands which are not permanently affixed may be used.
D. Portable tree stands that are not permanently affixed can be placed on department-owned lands on or after September 15 and must be removed on or prior to January 31 of the following calendar year. Tree stands will be considered abandoned and will be confiscated by the department if left on department-owned lands after January 31.
4VAC15-20-151. Manipulation of vegetation on department-owned lands.
A. It shall be unlawful to plant, manipulate, cut, mutilate, destroy, or remove vegetation or to remove other minerals, artifacts, or other property from department-owned lands.
B. Nothing in this section shall prohibit the gathering of mushrooms, picking of berries, or collection of other fruits.
C. The use of down and dead trees and branches as firewood while camping on a wildlife management area shall be allowed by individuals with a valid camping permit issued by the department.
D. The department may issue permits for the collection of firewood under conditions and in locations determined by the department.
E. Nothing in this section shall prohibit department employees, contractors, or permitees from engaging in agriculture, forestry, herbicide application, or other habitat restoration and manipulation for the purpose of enhancing wildlife habitat and populations.
4VAC15-20-152. Target shooting on department-owned lands.
It shall be unlawful to target shoot on any department-owned or department-managed lands, except at designated ranges. Target shooting is defined as the discharge of a firearm (as defined in § 18.2-308.2:2 of the Code of Virginia), muzzleloader (as defined in 4VAC15-50-71), or archery equipment (as defined in 4VAC15-40-20) for purposes other than hunting, trapping, or self-defense. Nothing in this regulation shall prohibit department employees in execution of their duties from training with department-issued firearms.
4VAC15-20-240. Use of drones for certain activities prohibited.
A. Except as authorized by the director or the director's designee, it shall by unlawful at any time for any person to use a drone or unmanned aircraft:
1. To hunt, take, or kill a wild animal or to drive or herd any wild animal for the purpose of hunting, trapping, or killing.
2. To attempt to locate, surveil, aid, or assist in the hunting of any wild animal.
3. 2. To harass any wild animal. For the purposes of this section, "harass" means any action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavior patterns, which include breeding, feeding, or sheltering.
4. 3. On department-owned lands, except that department employees and contractors or agents acting on behalf of the department may use drones or other unmanned aircraft when addressing human safety, law enforcement, management, or other needs approved by the department.
4. It shall be unlawful for any person to hunt or assist another to hunt on the same calendar day on a property after having used a drone or unmanned aircraft to locate or surveil any wild animal during any open season.
B. No part of this section shall be construed to restrict the use of drones or other unmanned aircraft for wildlife management activities conducted or authorized by the department; by employees of the United States government or any of its agencies whose responsibility includes fisheries and wildlife management; or by county, city, or town animal control officers in the performance of their official duties.
DOCUMENTS INCORPORATED BY REFERENCE (4VAC15-20)
List of Native and Naturalized Fauna of Virginia, October 2020, Virginia Department of Wildlife Resources
List of Native and Naturalized Fauna of Virginia, January 2021, Virginia Department of Wildlife Resources
Federal Endangered and Threatened Animal Species as of May 7, 2019
VA.R. Doc. No. R21-6734; Filed June 02, 2021