The Virginia Register OF
REGULATIONS is an official state publication issued every other week
throughout the year. Indexes are published quarterly, and are cumulative for
the year. The Virginia Register has several functions. The new and
amended sections of regulations, both as proposed and as finally adopted, are
required by law to be published in the Virginia Register. In addition,
the Virginia Register is a source of other information about state
government, including petitions for rulemaking, emergency regulations,
executive orders issued by the Governor, and notices of public hearings on
regulations.
ADOPTION,
AMENDMENT, AND REPEAL OF REGULATIONS
An
agency wishing to adopt, amend, or repeal regulations must first publish in the
Virginia Register a notice of intended regulatory action; a basis,
purpose, substance and issues statement; an economic impact analysis prepared
by the Department of Planning and Budget; the agency’s response to the economic
impact analysis; a summary; a notice giving the public an opportunity to
comment on the proposal; and the text of the proposed regulation.
Following
publication of the proposal in the Virginia Register, the promulgating agency
receives public comments for a minimum of 60 days. The Governor reviews the proposed
regulation to determine if it is necessary to protect the public health, safety
and welfare, and if it is clearly written and easily understandable. If the
Governor chooses to comment on the proposed regulation, his comments must be
transmitted to the agency and the Registrar no later than 15 days following the
completion of the 60-day public comment period. The Governor’s comments, if
any, will be published in the Virginia Register. Not less than 15 days
following the completion of the 60-day public comment period, the agency may
adopt the proposed regulation.
The
Joint Commission on Administrative Rules (JCAR) or the appropriate standing
committee of each house of the General Assembly may meet during the
promulgation or final adoption process and file an objection with the Registrar
and the promulgating agency. The objection will be published in the Virginia
Register. Within 21 days after receipt by the agency of a legislative
objection, the agency shall file a response with the Registrar, the objecting
legislative body, and the Governor.
When
final action is taken, the agency again publishes the text of the regulation as
adopted, highlighting all changes made to the proposed regulation and
explaining any substantial changes made since publication of the proposal. A
30-day final adoption period begins upon final publication in the Virginia
Register.
The
Governor may review the final regulation during this time and, if he objects,
forward his objection to the Registrar and the agency. In addition to or in
lieu of filing a formal objection, the Governor may suspend the effective date
of a portion or all of a regulation until the end of the next regular General
Assembly session by issuing a directive signed by a majority of the members of
the appropriate legislative body and the Governor. The Governor’s objection or
suspension of the regulation, or both, will be published in the Virginia
Register. If the Governor finds that changes made to the proposed
regulation have substantial impact, he may require the agency to provide an
additional 30-day public comment period on the changes. Notice of the
additional public comment period required by the Governor will be published in
the Virginia Register.
The
agency shall suspend the regulatory process for 30 days when it receives
requests from 25 or more individuals to solicit additional public comment,
unless the agency determines that the changes have minor or inconsequential
impact.
A
regulation becomes effective at the conclusion of the 30-day final adoption
period, or at any other later date specified by the promulgating agency, unless
(i) a legislative objection has been filed, in which event the regulation,
unless withdrawn, becomes effective on the date specified, which shall be after
the expiration of the 21-day objection period; (ii) the Governor exercises his
authority to require the agency to provide for additional public comment, in
which event the regulation, unless withdrawn, becomes effective on the date
specified, which shall be after the expiration of the period for which the
Governor has provided for additional public comment; (iii) the Governor and the
General Assembly exercise their authority to suspend the effective date of a
regulation until the end of the next regular legislative session; or (iv) the
agency suspends the regulatory process, in which event the regulation, unless
withdrawn, becomes effective on the date specified, which shall be after the
expiration of the 30-day public comment period and no earlier than 15 days from
publication of the readopted action.
A
regulatory action may be withdrawn by the promulgating agency at any time
before the regulation becomes final.
FAST-TRACK
RULEMAKING PROCESS
Section
2.2-4012.1 of the Code of Virginia provides an exemption from certain
provisions of the Administrative Process Act for agency regulations deemed by
the Governor to be noncontroversial. To use this process, Governor's
concurrence is required and advance notice must be provided to certain
legislative committees. Fast-track regulations will become effective on the
date noted in the regulatory action if no objections to using the process are
filed in accordance with § 2.2-4012.1.
EMERGENCY
REGULATIONS
Pursuant
to § 2.2-4011 of the Code of Virginia, an agency, upon consultation
with the Attorney General, and at the discretion of the Governor, may adopt
emergency regulations that are necessitated by an emergency situation. An
agency may also adopt an emergency regulation when Virginia statutory law or
the appropriation act or federal law or federal regulation requires that a
regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its
adoption and filing with the Registrar of Regulations, unless a later date is
specified. Emergency regulations are limited to no more than 18 months in
duration; however, may be extended for six months under certain circumstances
as provided for in § 2.2-4011 D. Emergency regulations are published as
soon as possible in the Register.
During
the time the emergency status is in effect, the agency may proceed with the
adoption of permanent regulations through the usual procedures. To begin
promulgating the replacement regulation, the agency must (i) file the Notice of
Intended Regulatory Action with the Registrar within 60 days of the effective
date of the emergency regulation and (ii) file the proposed regulation with the
Registrar within 180 days of the effective date of the emergency regulation. If
the agency chooses not to adopt the regulations, the emergency status ends when
the prescribed time limit expires.
STATEMENT
The
foregoing constitutes a generalized statement of the procedures to be followed.
For specific statutory language, it is suggested that Article 2 (§ 2.2-4006
et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined
carefully.
CITATION
TO THE VIRGINIA REGISTER
The Virginia
Register is cited by volume, issue, page number, and date. 34:8 VA.R.
763-832 December 11, 2017, refers to Volume 34, Issue 8, pages 763 through
832 of the Virginia Register issued on
December 11, 2017.
The
Virginia Register of Regulations is
published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2
of the Code of Virginia.
Members
of the Virginia Code Commission: John
S. Edwards, Chair; Gregory D. Habeeb, Vice Chair; Jay Leftwich; Ryan
T. McDougle; Robert L. Calhoun; Rita Davis; Leslie L. Lilley; E.M. Miller,
Jr.; Thomas M. Moncure, Jr.; Christopher R. Nolen; Charles S. Sharp; Samuel T.
Towell; Mark J. Vucci.
Staff
of the Virginia Register: Karen
Perrine, Acting Registrar of Regulations; Anne Bloomsburg, Assistant
Registrar;
Alexandra Stewart-Jonte, Regulations Analyst; Rhonda Dyer,
Publications Assistant; Terri Edwards, Senior Operations Staff Assistant.
PUBLICATION SCHEDULE AND DEADLINES
Vol. 34 Iss. 20 - May 28, 2018
May 2018 through April 2019
|
Volume: Issue
|
Material Submitted By Noon*
|
Will Be Published On
|
|
34:20
|
May 9, 2018
|
May 28, 2018
|
|
34:21
|
May 23, 2018
|
June 11, 2018
|
|
34:22
|
June 6, 2018
|
June 25, 2018
|
|
34:23
|
June 20, 2018
|
July 9, 2018
|
|
34:24
|
July 3, 2018 (Tuesday)
|
July 23, 2018
|
|
34:25
|
July 18, 2018
|
August 6, 2018
|
|
34:26
|
August 1, 2018
|
August 20, 2018
|
|
35:1
|
August 15, 2018
|
September 3, 2018
|
|
35:2
|
August 29, 2018
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September17, 2018
|
|
35:3
|
September 12, 2018
|
October 1, 2018
|
|
35:4
|
September 26, 2018
|
October 15, 2018
|
|
35:5
|
October 10, 2018
|
October 29, 2018
|
|
35:6
|
October 24, 2018
|
November 12, 2018
|
|
35:7
|
November 7, 2018
|
November 26, 2018
|
|
35:8
|
November 19, 2018 (Monday)
|
December 10, 2018
|
|
35:9
|
December 5, 2018
|
December 24, 2018
|
|
35:10
|
December 14, 2018 (Friday)
|
January 7, 2019
|
|
35:11
|
January 2, 2019
|
January 21, 2019
|
|
35:12
|
January 16, 2019
|
February 4, 2019
|
|
35:13
|
January 30, 2019
|
February18, 2019
|
|
35:14
|
February 13, 2019
|
March 4, 2019
|
|
35:15
|
February 27, 2019
|
March 18, 2019
|
|
35:16
|
March 13, 2019
|
April 1, 2019
|
|
35:17
|
March 27, 2019
|
April 15, 2019
|
|
35:18
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April 10, 2019
|
April 29, 2019
|
*Filing deadlines are Wednesdays
unless otherwise specified.
PETITIONS FOR RULEMAKING
Vol. 34 Iss. 20 - May 28, 2018
TITLE
3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL AUTHORITY
Agency Decision
Title of Regulation:
3VAC5-70. Other Provisions.
Statutory Authority: § 4.1-103 of the Code of
Virginia.
Name of Petitioner: Trevor Shand.
Nature of Petitioner's Request: I am a married
43-year-old father of two. I live in central Virginia, which has a great
microbrew scene. A few months ago, I picked up an old fridge and converted it
to a kegerator so I could enjoy local brews on tap. But, I quickly realized,
because of the keg laws in Virginia, buying kegs is a pain. When I go into the
grocery store, I have to go to customer service, wait in line, fill out a tag,
pay a deposit, and have them bring up the keg and tag it. I live in
Charlottesville, a college town, and while I am waiting in line, I routinely
watch a couple of college students check out with double-digit numbers of
30-packs, with no more hassle than showing an ID. I guess I understand the
original idea around the keg tagging laws, but it seems to be more bureaucracy
and paperwork than actually accomplishing what it is supposed to. Can I simply
purchase a keg as I do cases or six-packs? I may be a voice of one, but I for
one would support repealing the keg laws, that is 3VAC5-70-180, Regulation of
the sale of alcoholic beverages in kegs and other containers; permit and
registration; other requirements. Here is a link to an article about Michigan
repealing its similar law: http://www.mlive.com/news/index.ssf/2017/11
/michigan_keg_tag_law_repealed.html.
Agency Decision: Request denied.
Statement of Reason for Decision: The Virginia Alcoholic
Beverage Control Authority held a public comment period concerning the petition
that requested an amendment or repeal of the existing regulation governing the
sale of alcoholic beverages in kegs and other containers, permit and
registration, and other requirements. The petitioner requested an amendment or
repeal of the regulation's requirements for completing the keg decleration and
receipt form prior to purchase. The board took public comment at the meeting.
The petitioner was not present. The board declined to take action in regards to
the petition, citing that the public safety concerns the regulation helps to
mitigate outweigh the inconveniences the petitioner cited in his request.
Agency Contact: LaTonya D. Hucks, Regulatory
Coordinator, Department of Alcoholic Beverage Control, 2901 Hermitage Road,
Richmond, VA 23220, telephone (804) 213-4698, or email latonya.hucks@abc.virginia.gov.
VA.R. Doc. No. R18-25; Filed May 7, 2018, 10:14 a.m.
w –––––––––––––––––– w
TITLE
24. TRANSPORTATION AND MOTOR VEHICLES
COMMISSION ON THE VIRGINIA ALCOHOL
SAFETY ACTION PROGRAM
Initial Agency Notice
Title of Regulation:
24VAC35-60. Ignition Interlock Program Regulations.
Statutory Authority: § 18.2-270.2 of the Code of
Virginia.
Name of Petitioner: Cynthia Hites.
Nature of Petitioner's Request: Petition to amend
Virginia Administrative Code pursuant to § 2.2-4007.
"I, Cynthia Ellen Hites, as a citizen of the Commonwealth
of Virginia, pursuant to Virginia Code § 2.2.-4007, do humbly submit this
petition for the following amendment to Virginia Administrative Code
24VAC35-60-70, to have the VASAP Breath Alcohol Ignition Interlock Device
(BAIID) required breath sample size reduced from 1.5 liters to 1.0 liter. Due
to generally smaller lung capacity compared to men, it has been shown women
have 16 times the failed breath sample attempts (aborts) when using the BAIID."(1)
Failed breath sample attempts can be caused by "not providing enough air
or providing too much air, humming at the incorrect tone or volume, breaks in
the hum, or too much humidity or saliva in the breath sample." This means
women have 16 times the interaction with the machine upon startup, and, during
rolling retests while on Virginia's roadways. I personally struggled mightily
with the basic functionality of the device and experienced hyperventilation on
numerous occasions due to sequential invalid samples during use of the ignition
interlock device. Incidentally, an overlooked cause of the exponentially higher
number of breath sample aborts for women, is simply tone of voice. The BAIID
anti-circumvention feature requires the driver provide sufficient reverberation
for the device's handset to detect human presence. Of course, women naturally
tend to have higher pitched voices that produce less reverb, and can, and do,
force a difficult and uncomfortable alteration in vocal method to achieve a
passing breath sample. Paramount in my opinion, however, is the fact the
maneuver required for the BAIID breath sample involves not tidal breath, but
execution of the vital capacity maneuver to obtain the breath sample. The vital
capacity maneuver obtains the greatest volume of air that can be expelled from
the lungs after taking the deepest possible breath. Even then, the subject is
required to actually force breath out of the lungs into the BAIID far beyond
what's natural, and in my case, experience disorientation via hypoxia and
actual physical lung pain frequently. "In order to fulfill the minimum 1.5
liter volume requirement...the sixty year old woman must exhale at least 60% of
her vital capacity. Whereas the twenty year old man would only have to exhale
about 25% of his vital capacity. At the same blood alcohol concentration (BAC),
the smaller lung volume would yield a greater breath alcohol reading."(2)
So, in addition to being 16 times more difficult for women to simply achieve to
a valid breath sample, the requirement alone can skew the test results to
reflect an erroneously high BAC. To mitigate these existing human factors that
inherently punish women, and others with similar known, or unknown conditions,
to a greater degree; and to initiate a decrease in the potential for vehicle
collision due to distracted driving, lowering the breath sample requirement to
1.0 liter will be a step closer to closing the disparity gap of punishment
between sexes, and detrimental judicial imbalance currently existing due simply
to physiological differences among offenders. States the statute 24VAC-35-60-70
F, 4: "The ignition interlock device shall indicate when a 1.5 L breath
sample has been collected and shall indicate this by audible or visual means.
The commission may authorize service providers to adjust the breath volume
requirement to as low as 1.0 L upon receipt of documentation from a licensed
physician verifying the existence of an applicable medical condition. The
physician's documentation shall be submitted in a format approved by the
commission." The one-liter volume breath sample requirement is legally
permissible, and I implore the commission to take under advisement this
petition to permanently lower the requirement, in order to strengthen the
integrity of the program, so as to not unwittingly punish women, and
incidentally; asthmatics, COPD sufferers, congestive heart failure survivors,
and undiagnosed pulmonary patients to a greater degree. Please, dear
Commissioners, weigh this petition and begin to create a more judiciously solid
system. Humbly Yours, Cynthia E. Hites"
(1)An Evaluation of Drivers Using an Ignition
Interlock Device: Breath Tests While Driving. By Ben D. Sawyer and P. A.
Hancock
(2)Breathing Related Limitations to the Alcohol
Breath Test. By Dr. Michael P. Hlastala, Ph.D.
Agency Plan for Disposition of Request: The petition
will be considered by the Commission on VASAP at its quarterly meeting on
September 14, 2018.
Public Comment Deadline: July 1, 2018.
Agency Contact: Richard Foy, Field Service Specialist,
Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin
Street, Suite 1110, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.
VA.R. Doc. No. R18-32; Filed May 3, 2018, 2:59 p.m.
NOTICES OF INTENDED REGULATORY ACTION
Vol. 34 Iss. 20 - May 28, 2018
TITLE 8. EDUCATION
Regulations Establishing Standards for Accrediting Public Schools in Virginia
Notice of Intended Regulatory Action
Notice is hereby given in accordance with § 2.2-4007.01 of
the Code of Virginia that the State Board of Education intends to consider
amending 8VAC20-131, Regulations Establishing Standards for Accrediting
Public Schools in Virginia. The purpose of the proposed action is to allow
students who entered the ninth grade prior to the 2018-2019 school year
to receive locally awarded verified credits in English and mathematics when
certain Board of Education-established criteria are met. Currently, these
students may receive locally awarded verified credits in only science and
history and social science. The proposed changes amend the Standards of Accreditation
as they are effective for the current school year and as they will be effective
for the 2018-2019 school year. Changes to the Regulations Establishing
Standards for Accrediting Public Schools in Virginia that will be effective
beginning with the 2018-2019 school year will allow students who enter
the ninth grade in 2018-2019 and thereafter to receive locally awarded
verified credits in English, mathematics, science, and history and social
science. The proposed amendments will provide access to locally awarded
verified credits in English, mathematics, science, and history and social
science for existing and future students.
The agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.
Statutory Authority: §§ 22.1-16 and 22.1-253.13 of
the Code of Virginia.
Public Comment Deadline: July 11, 2018.
Agency Contact: Dr. Cynthia Cave, Assistant
Superintendent, Policy and Communications, Department of Education, P.O. Box
2120, Richmond, VA 23218-2120, telephone (804) 225-2092, FAX (804) 225-2524,
or email cynthia.cave@doe.virginia.gov.
VA.R. Doc. No. R18-5440; Filed May 9, 2018, 4:54 p.m.
REGULATIONS
Vol. 34 Iss. 20 - May 28, 2018
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
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).
Statutory Authority: §§ 29.1-103 and 29.1-501 of the
Code of Virginia.
Public Hearing Information:
August 22, 2018 - 9 a.m. - Game and Inland Fisheries,
7870 Villa Park Drive, Suite 400, Richmond, VA 23228
Public Comment Deadline: July 28, 2018.
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 amendment updates the "List of Native and
Naturalized Fauna of Virginia" offered by the department to the 2018
version.
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 2014
2018 "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 that have established
wild, self-sustaining populations, as included in the department's 2014 2018
"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), 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.
DOCUMENTS INCORPORATED BY REFERENCE (4VAC15-20)
List of Native and Naturalized Fauna of Virginia, March
2012, Virginia Department of Game and Inland Fisheries
List
of Native and Naturalized Fauna of Virginia, 2018, Virginia Department of Game and
Inland Fisheries
Federal Endangered and Threatened Animal Species
as of August 4, 2016
VA.R. Doc. No. R18-5495; Filed May 4, 2018, 1:57 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
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 4VAC15-20-190).
Statutory Authority: §§ 29.1-103, 29.1-501, and
29.1-502 of the Code of Virginia.
Public Hearing Information:
August 22, 2018 - 9 a.m. - Game and Inland Fisheries,
7870 Villa Park Drive, Suite 400, Richmond, VA 23228
Public Comment Deadline: July 28, 2018.
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) add waters with the special
trout fishing provisions described in 4VAC14-330-160 to the category
"designated stocked trout waters" so that a trout license is required
to fish in such waters and (ii) correct cross references for fee fishing waters
and urban fishing waters.
4VAC15-20-190. Definitions; "designated stocked trout
waters."
When used in regulations of the board, "designated
stocked trout waters" will include those waters that are stocked with
harvestable-sized trout and are listed by the director in the annual Trout
Stocking Plan. These waters will only be considered designated stocked trout
waters from October 1 through June 15, both dates inclusive, except for fee
fishing waters covered by 4VAC15-320-10 et seq. 4VAC15-320-120, waters
covered by 4VAC15-330-160, and urban fishing waters covered by 4VAC15-330-20
et seq 4VAC15-330-200. Designated stocked trout waters are either
posted by the department with appropriate "stocked trout waters"
signs or are posted as fee fishing areas under 4VAC15-320-10 et seq. 4VAC15-320-120
or waters under 4VAC15-330-160.
VA.R. Doc. No. R18-5496; Filed May 4, 2018, 2:01 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
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: 4VAC15-320. Fish: Fishing Generally (amending 4VAC15-320-25).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Public Hearing Information:
August 22, 2018 - 9 a.m. - Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400, Richmond, VA 23228
Public Comment Deadline: July 28, 2018.
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) remove the size limit on spotted and largemouth bass and increase the size limit for smallmouth bass for Claytor Lake; (ii) impose a 20-inch minimum size limit for smallmouth bass and a one fish per day creel limit for trophy smallmouth bass in the Levisa Fork River in Buchanan County; (iii) change the minimum length limit from October 1 to May 31 for striped bass for Buggs Island (Kerr) Reservoir, Staunton River to Leesville Dam, and Dan River to Union Street Dam to 20 inches; (iv) for September 16 through June 30, set the minimum size limit at 20 inches and the creel limit as two fish per day and for July 1 through September 15 remove the size limit and set the creel limit to four fish per day for striped bass for Claytor Lake and its tributaries; (v) set a 14-inch minimum length limit and a 10 fish per day creel limit for white bass for Buggs Island (Kerr) Reservoir, Staunton River to Leesville Dam, and Dan River to Union Street Dam; (vi) establish a nine-inch minimum length limit for crappie for Buggs Island (Kerr), Briery Creek, and Sandy River Reservoirs; (vii) revise the current creel limit for rock bass to be 25 per day in aggregate with Roanoke bass, revise the current creel limit for Roanoke bass to be 25 per day in aggregate with rock bass, and add the Blackwater River in Franklin County, Falling River, and Smith River to the rivers and tributaries where the daily limit is five rock bass and Roanoke bass in aggregate and the minimum length limit is eight inches; (viii) limit blue catfish greater than 32 inches harvested from Lake Gaston to one per day; and (ix) modify American shad creel and length limits to adhere to The Atlantic State Marine Fisheries Commission Interstate Fishery Management Plan for American Shad, which prohibits harvest of American shad in states where there is currently no sustainable management plan implemented.
4VAC15-320-25. Creel and length limits.
The creel limits (including live possession) and the length limits for the various species of fish shall be as follows, unless otherwise excepted by posted rules at department-owned or department-controlled waters (see 4VAC15-320-100 D).
Type of fish | Subtype or location | Creel and length limits | Geographic exceptions | Creel or length limits for exceptions |
largemouth bass, smallmouth bass, spotted bass | | 5 per day in the aggregate (combined); No statewide length limits | Lakes |
Briery Creek Lake | No bass 16 to 24 inches,; only 1 per day longer than 24 inches |
Buggs Island (Kerr) | Only 2 of 5 bass less than 14 inches |
Claytor Lake | Nosmallmouth bass less than1214 inches; 15 spotted bass per day |
Flannagan Reservoir | No bass less than 12 inches |
Lake Gaston | Only 2 of 5 bass less than 14 inches |
Leesville Reservoir | Only 2 of 5 bass less than 14 inches |
Lake Moomaw | No bass less than 12 inches |
Philpott Reservoir | No bass less than 12 inches |
Quantico Marine Base waters | No bass 12 to 15 inches |
SmithMt.Mountain Lake and its tributaries below Niagara Dam | Only 2 of 5 bass less than 14 inches |
Rivers |
Clinch River – within the boundaries of Scott, Wise, Russell, or TazewellcountiesCounties | No bass less than 20 inches,; only 1 bass per day longer than 20 inches |
Levisa Fork River – within the boundaries Buchanan County | No bass less than 20 inches; only 1 bass per day longer than 20 inches |
Dan River and tributaries downstream from the Union Street Dam, Danville | Only 2 of 5 bass less than 14 inches |
James River – Confluence of the Jackson and Cowpasture rivers (Botetourt County) downstream to the 14th Street Bridge in Richmond | No bass 14 to 22 inches,; only 1 per day longer than 22 inches |
New River – Fields Dam (Grayson County) downstream to the VA - WV state line and its tributaries Little River downstream from Little River Dam in Montgomery County, Big Walker Creek from the Norfolk Southern Railroad Bridge downstream to the New River, and Wolf Creek from the NarrowsdamDam downstream to the New River in Giles County (This does not include Claytor Lake, which is delineated as: The upper end of the island at Allisonia downstream to the dam) | No bass 14 to 22 inches,; only 1 per day longer than 22 inches |
North Fork Holston River - Rt. 91 bridge upstream of Saltville, VA downstream to the VA - TN state line | No bass less than 20 inches,; only 1 per day longer than 20 inches |
North Fork Shenandoah River – Rt. 42 bridge, Rockingham Co. downstream to the confluence with S. Fork Shenandoah at Front Royal | No bass 11 to 14 inches |
Potomac River - Virginia tidal tributaries above Rt. 301 bridge | No bass less than 15 inches from March 1 through June 15 |
Roanoke (Staunton) River - and its tributaries below Difficult Creek, CharlotteCo.County | Only 2 of 5 bass less than 14 inches |
Shenandoah River – Confluence of South Fork and North Fork rivers, Front Royal, downstream, to the Warren Dam, near Front Royal | No bass 11 to 14 inches |
Base of Warren Dam, near Front Royal downstream to Rt. 17/50 bridge | No bass 14 to 20 inches,; only 1 per day longer than 20 inches |
Rt. 17/50 bridge downstream to VA – WV state line | No bass 11 to 14 inches |
South Fork Shenandoah River - | |
Confluence of North and South rivers, below Port Republic, downstream to Shenandoah Dam, near Town of Shenandoah | No bass 11 to 14 inches |
Base of Shenandoah Dam, near Town of Shenandoah, downstream to Luray Dam, near Luray | No bass 14 to 20 inches,; only 1 per day longer than 20 inches |
Base of Luray Dam, near Luray, downstream to the confluence with North Fork of Shenandoah, Front Royal | No bass 11 to 14 inches |
Staunton River – | |
Leesville Dam (Campbell County) downstream to the mouth of Difficult Creek, Charlotte County | No smallmouth bass less than 20 inches,; only 1 per day longer than 20 inches |
striped bass | landlocked striped bass and landlocked striped bassx- white bass hybrids | 4 per day in the aggregate; No fish less than 20 inches | Buggs Island (Kerr)reservoirReservoir, including the Staunton River to Leesville Dam and the Dan River to Union Street Dam (Danville) | October 1 - May 31: 2 per day in the aggregate;Nono striped bass or hybrid striped bass less than2420 inches; June 1 - September 30: 4 per day in the aggregate;Nono length limit |
Claytor Lake and its tributaries | September 16 – June 30: 2 per day in the aggregate; no striped bass or hybrid bass less than 20 inches July 1 – September 15: 4 per day in the aggregate; no length limit |
Smith Mountain Lake and its tributaries, including the Roanoke River upstream to Niagara Dam | 2 per day in the aggregate; November 1 - May 31: No striped bass 30 to 40 inches; June 1 - October 31: No length limit |
Lake Gaston | 4 per day in the aggregate October 1 - May 31: No striped bass or hybrid striped bass less than 20 inches June 1 - September 30: No length limit |
anadromous (coastal) striped bass above the fall line in all coastal rivers of the Chesapeake Bay | Creel and length limits shall be set by the Virginia Marine Resources Commission for recreational fishing in tidal waters | | |
anadromous (coastal) in the Meherrin, Nottoway, Blackwater (Chowan Drainage), North Landing and Northwest Rivers and their tributaries plus Back Bay | 2 per day; No striped bass less than 18 inches | | |
white bass | | 5 per day; No statewide length limits | Buggs Island (Kerr) Reservoir, including the Staunton River to Leesville Dam and the Dan River to Union Street Dam (Danville) | 10 per day; no white bass less than 14 inches |
walleye | | 5 per day in the aggregate; No walleye or saugeye less than 18 inches | New River upstream of Buck Dam in Carroll County | No walleye less than 20 inches |
Claytor Lake and the New River upstream of Claytor Lake Dam to Buck Dam in Carroll County | February 1 - May 31:
2 walleye per day; no walleye 19 to 28 inches; June 1 - January 31:
5 walleye per day; no walleye less than 20 inches |
sauger | | 2 per day; No statewide length limits | | |
yellow perch | | No statewide daily limit; No statewide length limits | Lake Moomaw | 10 per day |
chain pickerel | | 5 per day; No statewide length limits | Gaston and Buggs Island (Kerr)reservoirsReservoirs | No daily limit |
northern pike | | 2 per day; No pike less than 20 inches | | |
muskellunge | | 2 per day; No muskellunge less than 30 inches | New River - Fields Dam (Grayson County) downstream to Claytor Dam, including Claytor Lake | 1 per day;Nono muskellunge less than 42 inches |
New River - Claytor Dam downstream to the VA - WV state line | 1 per day June 1 - last day of February: No muskellunge 40 to 48 inches; March 1 - May 31: No muskellunge less than 48 inches |
bluegill (bream) and other sunfish excluding crappie, rock bass (redeye) and Roanoke bass | | 50 per day in the aggregate; No statewide length limits | Gaston and Buggs Island (Kerr)reservoirsReservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County | No daily limit |
crappie (black or white) | | 25 per day in the aggregate; No statewide length limits | Lake Gastonand Buggs Island (Kerr) reservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County | No daily limit |
Buggs Island (Kerr) Reservoir | No crappie less than 9 inches |
Briery Creek and Sandy River Reservoirs | No crappie less than 9 inches |
Flannagan and South HolstonreservoirsReservoirs | No crappie less than 10 inches |
rock bass (redeye) | | 25 per day;in the aggregate with Roanoke bass No statewide length limits | Gaston and Buggs Island (Kerr)reservoirsReservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County. | No daily limit |
Nottowayand, Meherrinrivers,Blackwater (Franklin County), Falling, and Smith Rivers and their tributaries | 5 per day in the aggregate with Roanoke bass;Nono rock bass less than 8 inches |
Roanoke bass | | No statewide daily limit;25 per day in the aggregate with rock bass
No statewide length limits | Nottowayand, Meherrinrivers,Blackwater (Franklin County), Falling, and Smith Rivers and their tributaries | 5 per day in the aggregate with rock bass;Nono Roanoke bass less than 8 inches |
trout | See 4VAC15-330. Fish: Trout Fishing. |
catfish | channel, white, and flathead catfish | 20 per day; No length limits | All rivers below the fall line | No daily limit |
blue catfish | 20 per day; No statewide length limits | Lake Gaston | No daily limit, except only 1 blue catfish per day longer than 32 inches |
Kerr Reservoir | 20 per day, except only 1 blue catfish per day longer than 32 inches |
James River and its tributaries below the fall line and York River and its tributaries (including the Pamunkey River and Mattaponi River) below the fall line | No daily limit, except only 1 blue catfish per day longer than 32 inches |
All rivers below the fall line other than the James River and its tributaries and the York River and its tributaries | No daily limit |
yellow, brown, and black bullheads | No daily limit;
No length limits | | |
American shad and hickory shad
| Virginia waters of Lake Gaston and Buggs Island (Kerr) Reservoir and tributaries to include the Dan and Staunton rivers
| No possession (catch and release only)
| | |
Above and below the fall line in all coastal rivers of the Chesapeake Bay | Creel and length limits shall be the same as those set by the Virginia Marine Resources Commissionfor these species in tidal rivers | | |
| Meherrin River below Emporia Dam Nottoway River, Blackwater River (Chowan Drainage), North Landing and NorthwestriversRivers, and their tributaries plus Back Bay | 10 per dayin the aggregate No length limits | | |
American shad | | No possession | | |
anadromous (coastal) alewife and blueback herring | Above and below the fall line in all coastal rivers of the Chesapeake Bay | Creel and length limits shall be the same as those set by the Virginia Marine Resources Commission for these species in tidal rivers | | |
Meherrin River, Nottoway River, Blackwater River (Chowan Drainage), North Landing and NorthwestriversRivers, and their tributaries plus Back Bay | No possession | | |
red drum | Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries | 1 per day; No drum less than 18 inches or greater than 27 inches | | |
spotted sea trout (speckled trout) | Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries | 4 per day; No sea trout less than 14 inches | | |
grey trout (weakfish) | Back Bay and tributaries including Lake Tecumseh and North Landing River and its tributaries | 1 per day; No grey trout less than 12 inches | | |
southern flounder | Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries | 6 per day; No flounder less than 15 inches | | |
northern snakehead | | Anglers may possess snakeheads taken from Virginia waters if they immediately kill the fish and notify the headquarters or a regional office of the department; notification may be made by telephoning (804) 367-2925 No statewide daily limit No statewide length limits | | |
longnose gar | | 5 per day; No statewide length limits | | |
bowfin | | 5 per day; No statewide length limits | | |
American eel | | 25 per day; No eel less than 9 inches | Back Bay and North Landing River | No possession limit for those individuals possessing a permit obtained under 4VAC15-340-80 |
other native or naturalized nongame fish | See 4VAC15-360-10. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish. Taking aquatic invertebrates, amphibians, reptiles, and nongame fish for private use. |
endangered or threatened fish | See 4VAC15-20-130. Definitions and Miscellaneous: In General. Endangered and threatened species; adoption of federal list; additional species enumerated. |
nonnative (exotic) fish | See 4VAC15-30-40. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals. Importation requirements, possession and sale of nonnative (exotic) animals. |
|
VA.R. Doc. No. R18-5497; Filed May 4, 2018, 2:04 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
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: 4VAC15-320. Fish: Fishing
Generally (amending 4VAC15-320-50).
Statutory Authority: §§ 29.1-103, 29.1-501, and
29.1-502 of the Code of Virginia.
Public Hearing Information:
August 22, 2018 - 9 a.m. - Game and Inland Fisheries,
7870 Villa Park Drive, Suite 400, Richmond, VA 23228
Public Comment Deadline: July 28, 2018.
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 prohibit the use of any species of
fish as bait in Virginia's candy darter streams of the New River drainage,
including Big Stony Creek in Giles County, Dismal Creek in Bland and Giles
Counties, Laurel Creek in Bland County, and Cripple Creek in Smyth and Wythe
Counties, to prevent the introduction of nonnative fish species in those
streams.
4VAC15-320-50. Fish used as bait prohibited in certain waters.
It shall be unlawful to use any species of fish as bait in
the waters and tributaries of Lick Creek in Smyth and Bland counties, Bear
Creek in Smyth County, and Laurel Creek in Tazewell and Bland counties,
Big Stony Creek in Giles County, Dismal Creek in Bland and Giles Counties,
Laurel Creek in Bland County, and Cripple Creek in Smyth and Wythe Counties.
VA.R. Doc. No. R18-5500; Filed May 4, 2018, 2:06 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
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: 4VAC15-320. Fish: Fishing
Generally (repealing 4VAC15-320-140).
Statutory Authority: §§ 29.1-103, 29.1-501, and
29.1-502 of the Code of Virginia.
Public Hearing Information:
August 22, 2018 - 9 a.m. - Game and Inland Fisheries,
7870 Villa Park Drive, Suite 400, Richmond, VA 23228
Public Comment Deadline: July 28, 2018.
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 repeal the requirement for a permit
to conduct a striped bass tournament to relieve an administrative burden from
both the public and the department since tournament frequency is low enough
that concerns of overfishing fisheries or of overcrowding public ramps are not
an issue and data from these tournaments are no longer being collected by the
department.
4VAC15-320-140. Permits required for striped bass fishing
rodeos; etc. (Repealed.)
No person shall organize, conduct, supervise, or solicit
entries for striped bass fishing tournaments, rodeos, or other striped bass
fishing events on the inland waters of this Commonwealth, for which prizes are
offered, awarded, or accepted, either in money or other valuable
considerations, without having applied for and obtained a permit from the
department to do so. Exercising a due regard for the distribution, local
abundance, economic value, breeding habits, and natural growth potential of
striped bass in the affected public water, the director is authorized on behalf
of the board to issue or deny permits pursuant to this section, and to
establish such special rules for each tournament as may be deemed necessary,
after consulting with the state fish biologist and with the approval of the
board's fish committee as designated from time to time by the chairman. Failure
to comply with all special rules and other provisions of any permit issued
pursuant to this section may be deemed grounds for denying the permittee a
permit for a similar event to be held within three years from the date of such
failure of compliance.
VA.R. Doc. No. R18-5501; Filed May 4, 2018, 2:10 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
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: 4VAC15-330. Fish: Trout Fishing (amending 4VAC15-330-10).
Statutory Authority: §§ 29.1-103, 29.1-501, and
29.1-502 of the Code of Virginia.
Public Hearing Information:
August 22, 2018 - 9 a.m. - Game and Inland Fisheries,
7870 Villa Park Drive, Suite 400, Richmond, VA 23228
Public Comment Deadline: July 28, 2018.
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 provide for closures to designated
stocked trout waters to adult anglers for youth trout fishing events sponsored
by the department, including (i) how a closure shall be posted, (ii) when a
closure will begin the day preceding an event, and (iii) that a closure will
last until the conclusion of an event.
4VAC15-330-10. Season; general open season.
Except as otherwise specifically provided in the sections
appearing in this chapter, there shall be a year-round season for taking trout.
However, angling in designated stocked trout waters shall only be permitted
from 5 a.m. until one hour after sunset, except for waters designated by the
director as Trout Heritage Waters and listed in the annual trout stocking plan
(as referenced in 4VAC15-20-190). Trout Heritage Waters will be closed to
fishing on the Friday prior to the first Saturday in April and will reopen to
fishing at 9 a.m. on the first Saturday in April. Youth fishing events that
are sponsored by the department and held on designated stocked trout waters
shall be posted on site with a closure to adults (anglers older than 15 years
of age) from noon the day before the event until the conclusion of the youth
event. Any person older than 15 years of age and accompanying a youth who is
incapable of hooking and landing a fish unassisted shall be properly licensed
to fish in designated stocked trout waters.
VA.R. Doc. No. R18-5502; Filed May 4, 2018, 2:12 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
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: 4VAC15-330. Fish: Trout Fishing (amending 4VAC15-330-150).
Statutory Authority: §§ 29.1-103, 29.1-501, and
29.1-502 of the Code of Virginia.
Public Hearing Information:
August 22, 2018 - 9 a.m. - Game and Inland Fisheries,
7870 Villa Park Drive, Suite 400, Richmond, VA 23228
Public Comment Deadline: July 28, 2018.
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 require that trout fishing in Wolf
Creek, within the Abingdon Muster Grounds in the Town of Abingdon from Colonial
Road downstream to Stone Mill Road, and Beaver Creek, within the boundaries of
Sugar Hollow Park in the City of Bristol, be catch and release using single
hook artificial lures only.
4VAC15-330-150. Special provision applicable to Stewarts
Creek Trout Management Area; certain portions of the Dan, Rapidan, South Fork
Holston and Staunton rivers, the Brumley Creek, East Fork of Chestnut Creek,
Little Stony Creek, Little Tumbling Creek, Big Tumbling Creek, North Creek,
Roaring Fork, Spring Run, Stony Creek, Venrick Run, South River, and their tributaries
trout fishing using artificial lures with single hook.
It shall be lawful year around to fish for trout using only
artificial lures with single hooks within:
1. The Stewarts Creek Trout Management Area in Carroll County.
2. The Rapidan and Staunton rivers and their tributaries
upstream from a sign at the Lower Shenandoah National Park boundary in Madison
County.
3. The Dan River and its tributaries between the Townes Dam
and the Pinnacles Hydroelectric Project powerhouse in Patrick County.
4. The East Fork of Chestnut Creek (Farmers Creek) and its
tributaries upstream from the Blue Ridge Parkway in Grayson and Carroll
Counties.
5. Roaring Fork and its tributaries upstream from the
southwest boundary of Beartown Wilderness Area in Tazewell County.
6. That section of the South Fork Holston River and its
tributaries from the concrete dam at Buller Fish Culture Station downstream to
the lower boundary of the Buller Fish Culture Station in Smyth County.
7. North Creek and its tributaries upstream from a sign at the
George Washington National Forest North Creek Campground in Botetourt County.
8. Spring Run from it confluence with Cowpasture River
upstream to a posted sign at the discharge for Coursey Springs Hatchery in Bath
County.
9. Venrick Run and its tributaries within the Big Survey
Wildlife Management Area and Town of Wytheville property in Wythe County.
10. Brumley Creek and its tributaries from the Hidden Valley
Wildlife Management Area boundary upstream to the Hidden Valley Lake Dam in Washington
County.
11. Stony Creek (Mountain Fork) and its tributaries within the
Jefferson National Forest in Wise and Scott Counties from the outlet of High
Knob Lake downstream to the confluence of Chimney Rock Fork and Stony Creek.
12. Little Stony Creek and its tributaries within the
Jefferson National Forest in Scott County from the Falls of Little Stony Creek
downstream to a posted sign at the Hanging Rock Recreation Area.
13. Little Tumbling Creek and its tributaries within the Clinch
Mountain Wildlife Management Area in Smyth and Tazewell Counties downstream to
the concrete bridge.
14. Effective January 1, 2018, Big Tumbling Creek and
its tributaries within the Clinch Mountain Wildlife Management Area in Smyth
County from a sign starting at the foot of the mountain and extending upstream
seasonally from October 1 until five days prior to the first Saturday in April.
15. South River in the City of Waynesboro from the Arch Avenue
Bridge downstream 2.2 miles to the Second Street Bridge.
16. Wolf Creek and its tributaries within the Abingdon
Muster Grounds in the Town of Abingdon from Colonial Road downstream to Stone
Mill Road.
17. Beaver Creek and its tributaries within the boundaries
of Sugar Hollow Park in the City of Bristol.
All trout caught in these waters must be immediately returned
to the water. No trout or bait may be in possession at any time in these areas.
VA.R. Doc. No. R18-5503; Filed May 4, 2018, 2:14 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
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: 4VAC15-340. Fish: Seines and
Nets (amending 4VAC15-340-60).
Statutory Authority: §§ 29.1-103, 29.1-501, and
29.1-502 of the Code of Virginia.
Public Hearing Information:
August 22, 2018 - 9 a.m. - Game and Inland Fisheries, 7870
Villa Park Drive, Suite 400, Richmond, VA 23228
Public Comment Deadline: July 28, 2018.
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 clarify that the use of cast nets
for taking bait fish in the Roanoke and Dan Rivers in Campbell, Charlotte,
Halifax, and Pittsylvania Counties and in the City of Danville is not
prohibited.
4VAC15-340-60. Seines, traps, and nets prohibited in certain
areas.
A. It shall be unlawful to use seines and nets of any kind
for the taking of fish from the public waters of the Roanoke (Staunton) and Dan
Rivers in Campbell, Charlotte, Halifax, and Pittsylvania Counties, and
in the City of Danville; provided, however, this section shall not be construed
to prohibit the use of hand-landing nets for the landing of fish legally hooked
or the taking of fish from these waters pursuant to the provisions of
4VAC15-360. In addition, this section shall not be construed to prohibit the
use of cast nets, also known as throw nets, for the taking of bait fish.
B. In Lick Creek and tributaries in Smyth and Bland Counties,
in Bear Creek and Hungry Mother Creek above Hungry Mother Lake in Smyth County,
and in Laurel Creek and tributaries upstream of Highway 16 bridge in
Tazewell and Bland Counties, in Susong Branch and Mumpower Creek in Washington
County and the City of Bristol, and in Timbertree Branch in Scott County, it
shall be unlawful to use seines, nets, or traps; provided, however, this
section shall not be construed to prohibit the use of hand-landing nets for the
landing of fish legally hooked.
VA.R. Doc. No. R18-5504; Filed May 4, 2018, 2:16 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
Proposed Regulation
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: 4VAC15-350. Fish: Gigs, Grab
Hooks, Trotlines, Snares, etc. (amending 4VAC15-350-70).
Statutory Authority: §§ 29.1-103, 29.1-501, and
29.1-502 of the Code of Virginia.
Public Hearing Information:
August 22, 2018 - 9 a.m. - Game and Inland Fisheries,
7870 Villa Park Drive, Suite 400, Richmond, VA 23228
Public Comment Deadline: July 28, 2018.
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 add goldfish to the list of fish
that can be taken using bow and arrow or crossbow.
4VAC15-350-70. Taking common carp, grass carp, northern
snakehead, bowfin, catfish, and gar of fish with bow and arrow or
crossbow.
A. Season. Except as otherwise provided by local legislation
or as posted, it shall be lawful to take common carp, northern snakehead, goldfish,
and gar from the public inland waters of the Commonwealth, grass carp from
public inland waters of the Commonwealth except department-owned or
department-controlled lakes, and bowfin and catfish from below the fall line in
tidal rivers of the Chesapeake Bay, except waters stocked with trout, by means
of bow and arrow or crossbow.
B. Poison arrows or explosive-head arrows prohibited. It
shall be unlawful to use poison arrows or arrows with explosive heads at any
time for the purpose of taking common carp, grass carp, northern snakehead,
bowfin, catfish, goldfish, or gar in the public inland waters of the
Commonwealth.
C. Fishing license required. All persons taking fish in the
manner mentioned described in this section shall be required to
have a regular fishing license.
D. Creel limits. Common The creel limits for common
carp, grass carp, northern snakehead, goldfish, and catfish – shall
be unlimited, provided that any angler taking northern snakehead
immediately kill such fish and notify the department, as soon as practicable,
of such actions and provided that any angler taking grass carp ensure that
harvested fish are dead. The creel limit for bowfin and longnose gar shall be
five fish per day.
VA.R. Doc. No. R18-5505; Filed May 4, 2018, 2:18 p.m.
TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Emergency Regulation
Title of Regulation: 8VAC20-131. Regulations
Establishing Standards for Accrediting Public Schools in Virginia (amending 8VAC20-131-110, 8VAC20-131-430).
Statutory Authority: §§ 22.1-16 and 22.1-253.13 of
the Code of Virginia.
Effective Dates: May 9, 2018, through November 8, 2019.
Agency Contact: Dr. Cynthia Cave, Assistant
Superintendent, Policy and Communications, Department of Education, P.O. Box
2120, Richmond, VA 23218-2120, telephone (804) 225-2092, FAX (804) 225-2524,
or email cynthia.cave@doe.virginia.gov.
Preamble:
Section 2.2-4011 A of the Code of Virginia states that
regulations that an agency finds are necessitated by an emergency situation may
be adopted upon consultation with the Attorney General, which approval shall be
granted only after the agency has submitted a request stating in writing the
nature of the emergency, and the necessity for such action shall be at the sole
discretion of the Governor.
The emergency action amends graduation requirements,
specifically the availability of locally awarded verified credits in English
and mathematics. Under the current requirements in place for students entering
ninth grade on or after 2018-2019, locally awarded verified credits
provide students the opportunity to receive a verified credit in a course that
they have passed but failed the related end-of-course Standards of Learning
test twice within a narrow margin. To receive a locally awarded verified
credit, the student must take the test twice, score between 375 and 399 on one
of the attempts, and demonstrate achievement and mastery in the academic
content through a local appeal process.
The emergency action proposes amendments to allow students
who entered the ninth grade prior to the 2018-2019 school year to be
eligible for locally awarded verified credits in English and mathematics as
well as students entering the ninth grade on or after the 2018-2019
school year. Currently, these students may receive locally awarded verified
credits in only science and history and social science.
The emergency action amends the Standards of Accreditation
as they are currently effective for the current school year and as they will be
effective starting the 2018-2019 school year, providing parity among
these high school cohorts.
EDITOR'S NOTE:
8VAC20-131-110 is set out twice to reflect the provisions effective until the
beginning of the 2018-2019 academic year and the provisions effective on
and after the beginning of the 2018-2019 academic year.
8VAC20-131-110. Standard and verified units of credit. (effective
until the beginning of the 2018-2019 academic year)
A. The standard unit of credit for graduation shall be based
on a minimum of 140 clock hours of instruction and successful completion of the
requirements of the course. When credit is awarded in less than whole units,
the increment awarded must be no greater than the fractional part of the 140
hours of instruction provided. If a school division elects to award credit on a
basis other than the 140 clock hours of instruction required for a standard
unit of credit defined in this subsection, the local school division shall
provide the Board of Education with satisfactory proof, based on board
guidelines, that the students for whom the 140-clock-hour requirement is waived
have learned the content and skills included in the relevant Standards of
Learning. In addition, the local school division shall develop a written policy
approved by the superintendent and school board that ensures:
1. That the content of the course for which credit is awarded
is comparable to 140 clock hours of instruction; and
2. That upon completion, the student will have met the aims
and objectives of the course.
B. A verified unit of credit for graduation shall be based on
a minimum of 140 clock hours of instruction, successful completion of the
requirements of the course, and the achievement by the student of a passing
score on the end-of-course SOL test for that course or additional tests as
described in this subsection. A student may also earn a verified unit of credit
by the following methods:
1. In accordance with the provisions of the Standards of
Quality, students may earn a standard and verified unit of credit for any
elective course in which the core academic SOL course content has been
integrated and the student passes the related end-of-course SOL test. Such
course and test combinations must be approved by the Board of Education.
2. Upon waiver of the 140-clock-hour requirement according to
Board of Education guidelines, qualified students who have received a standard
unit of credit will be permitted to sit for the relevant SOL test to earn a
verified credit without having to meet the 140-clock-hour requirement.
3. Students who do not pass Standards of Learning tests in English,
mathematics, science or history and social science may receive locally
awarded verified credits from the local school board in accordance with
criteria established in guidelines adopted by the Board of Education.
C. The Board of Education may from time to time approve
additional tests for the purpose of awarding verified credit. Such additional
tests, which enable students to earn verified units of credit, must, at a
minimum, meet the following criteria:
1. The test must be standardized and graded independently of
the school or school division in which the test is given;
2. The test must be knowledge based;
3. The test must be administered on a multistate or
international basis, or administered as part of another state's accountability
assessment program; and
4. To be counted in a specific academic area, the test must
measure content that incorporates or exceeds the SOL content in the course for
which verified credit is given.
The Board of Education will set the score that must be
achieved to earn a verified unit of credit on the additional test options.
D. With such funds as are appropriated by the General
Assembly, the Board of Education will provide opportunities for students who
meet criteria adopted by the board to have an expedited retake of a SOL test to
earn verified credit.
8VAC20-131-110. Standard and verified units of credit. (effective
on and after the beginning of the 2018-2019 academic year)
A. A "standard unit of credit" or "standard
credit" is a credit awarded for a course in which the student successfully
completes 140 clock hours of instruction and the requirements of the course. A
school division may waive the requirement that a student receive 140 clock
hours of instruction to earn a standard credit, effective with students
enrolled in the 2015-2016 school year, as prescribed in the Standards of
Quality and board guidelines. When credit is awarded in less than whole units,
the increment awarded must be no greater than the fractional part of the 140
hours of instruction provided. If a school division elects to award credit on a
basis other than the 140 clock hours of instruction required for a standard
unit of credit defined in this subsection, the local school division shall
provide the board with satisfactory proof, based on board guidelines, that the
students for whom the 140-clock-hour requirement is waived have learned the
content and skills included in the relevant Standards of Learning. In addition,
the local school division shall develop a written policy approved by the
superintendent and school board that ensures:
1. That the content of the course for which credit is awarded
is comparable to 140 clock hours of instruction; and
2. That upon completion, the aims and objectives of the course
have been met.
B. A "verified unit of credit" or "verified
credit" is a credit awarded for a course in which a student earns a
standard unit of credit and completes one of the following:
1. Achieves a passing score on a corresponding end-of-course
SOL test. In accordance with the provisions of the Standards of Quality,
students may earn a standard and verified unit of credit for any elective
course in which the core academic Standards of Learning course content has been
integrated and the student passes the related end-of-course SOL test. Such
course and test combinations must be approved by the board.
Upon waiver of the 140-clock-hour requirement according to
board guidelines, qualified students who have received a standard unit of
credit shall be permitted to sit for the relevant SOL test to earn a verified
credit without having to meet the 140-clock-hour requirement.
2. Achieves a passing score on an additional test, as defined
in 8VAC20-131-5, as a part of the Virginia Assessment Program.
3. Meets the criteria for the receipt of a locally awarded
verified credit when the student has not passed a corresponding SOL test.
a. Students who enter the ninth grade for the first time prior
to the 2018-2019 school year and do not pass SOL tests in English,
mathematics, science, or history and social science may receive
locally awarded verified credits from the local school board in accordance with
criteria established in guidelines adopted by the board. Credit accommodations
for students with disabilities may be used to confer locally awarded verified
credits as provided in 8VAC20-131-50 B 3.
b. Students who enter the ninth grade for the first time in
the 2018-2019 school year or thereafter and do not pass SOL tests in
English, mathematics, laboratory science, or history and social science may
receive locally awarded verified credits from the local school board in
accordance with criteria established in guidelines adopted by the board. No
more than one locally awarded verified credit may be used to satisfy graduation
requirements, except as provided in 8VAC20-131-51 B 3 for students with
disabilities seeking a standard diploma.
4. Meets the criteria for the receipt of a verified credit in
history and social science by demonstrating mastery of the content of the
associated course on an authentic performance assessment that complies with
guidelines adopted by the board. Such students shall not also be required to
take the corresponding SOL test in history and social science.
5. Meets the criteria for the receipt of a verified credit in
English (writing) by demonstrating mastery of the content of the associated
course on an authentic performance assessment, that complies with guidelines
adopted by the board. Such students shall not also be required to take the
corresponding SOL test in English (writing).
C. The board may from time to time approve additional tests
for the purpose of awarding verified credit. Such additional tests, which
enable students to earn verified units of credit, must, at a minimum, meet the
following criteria:
1. The test must be standardized and graded independently of
the school or school division in which the test is given;
2. The test must be knowledge based;
3. The test must be administered on a statewide, multistate,
or international basis, or administered as part of another state's
accountability assessment program; and
4. To be counted in a specific academic area, the test must
measure content that incorporates or exceeds the Standards of Learning content
in the course for which verified credit is given.
The board shall set the score that must be achieved to earn a
verified unit of credit on the additional test options.
D. With such funds as are appropriated by the General
Assembly, the board shall provide opportunities for students who meet criteria
adopted by the board to have an expedited retake of a SOL test to earn verified
credit.
8VAC20-131-430. Effective dates.
A. Graduation requirements.
1. The graduation requirements for students entering the ninth
grade for the first time in the 2013–2014 school year and prior to the
2018–2019 school year shall be those provided in 8VAC20-131-50.
2. The graduation requirements for students entering the ninth
grade for the first time in the 2018-2019 school year and beyond shall be those
provided in 8VAC20-131-51.
3. The graduation requirements applicable to students
transferring into a Virginia high school for the first time shall be as
determined by 8VAC20-131-60 G.
B. Locally awarded verified
credits.
1. Locally awarded verified
credits conferred for English, mathematics, laboratory science, and
history and social science for students entering the ninth grade for the first
time prior to the 2018–2019 school year shall be as provided in 8VAC20-131-110
B 3 a.
2. Locally awarded verified
credits conferred for English, mathematics, laboratory science, and history and
social science for students entering the ninth grade for the first time in
2018–2019 or thereafter shall be as provided in 8VAC20-131-110 B 3 b.
C. Academic and career planning.
1. The requirements for academic and career planning
prescribed in 8VAC20-131-140 B shall be effective beginning with the 2013–2014
academic year and through the 2017–2018 academic year.
2. The requirements for Academic and Career Plans prescribed in
8VAC20-131-140 C shall be effective beginning with the 2018–2019 academic year.
D. The application of the college, career, and civic
readiness index as a school quality indicator used for accreditation shall be
made no later than the 2021–2022 school year.
E. Unless otherwise specified, the remainder of this chapter
shall become effective beginning with the 2018–2019 academic year.
VA.R. Doc. No. R18-5440; Filed May 9, 2018, 4:54 p.m.
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
REGISTRAR'S NOTICE:
Forms used in administering the following regulation have been filed by the
State Water Control Board. The forms are not being published; however, online
users of this issue of the Virginia Register of Regulations may click on the
name of a form to access it. The forms are also available from the agency
contact or may be viewed at the Office of the Registrar of Regulations, 900
East Main Street, 11th Floor, Richmond, Virginia 23219.
Title of Regulation: 9VAC25-110. Virginia Pollutant
Discharge Elimination System (VPDES) General Permit for Domestic Sewage
Discharges of Less Than or Equal to 1,000 Gallons per Day.
Contact Information: Elleanore Daub, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219,
email elleanore.daub@deq.virginia.gov.
FORMS (9VAC25-110)
VPDES Change of Ownership Agreement Form (eff.
7/2010)
Combined Application - Virginia Department of Health
Discharging System Application for Single Family Dwellings Discharging Sewage
Less Than or Equal to 1,000 Gallons per Day and State Water Control Board
Virginia Pollutant Discharge Elimination System General Permit Registration
Statement for Domestic Sewage Discharges Less Than or Equal to 1,000 Gallons
per Day (eff. 9/2011)
Combined
Application - Virginia Department of Health Discharging System Application for
Single Family Dwellings Discharging Sewage Less Than or Equal to 1,000 Gallons
per Day and State Water Control Board Virginia Pollutant Discharge Elimination
System General Permit Registration Statement for Domestic Sewage Discharges
Less Than or Equal to 1,000 Gallons per Day (eff. 4/2014)
VA.R. Doc. No. R18-5491; Filed May 2, 2018, 2:13 p.m.
Directing the Commissioner of the Department
of Motor Vehicles to Extend the Validity of Expiring Driver's Licenses and
Identification Cards
On Thursday, April 26, 2018, an information technology
equipment failure temporarily interrupted the electronic services provided by
the American Association of Motor Vehicle Administrators. This disruption
greatly impacted the ability of many Virginians to renew their driver's
licenses and identification cards. On April 27, 2018, I verbally directed the
Commissioner of the Department of Motor Vehicles to extend the validity period
for expiring licenses and identification cards for a period of one week. This
unforeseen disruption of services places citizens at risk of suffering fines
and other costs resulting from their inability to renew their driver's licenses
and identification cards in a timely manner.
Therefore, by virtue of the authority vested in me as Governor
under Article V of the Constitution of Virginia and under the laws of the
Commonwealth, I hereby confirm, ratify, and memorialize in writing that verbal
directive issued on April 27, 2018, whereby, it was determined that the
Department of Motor Vehicles suffered a disruption in service that prevented
the Department from processing applications for renewal of driver's licenses
and identification cards.
In order to prevent any further hardship to the citizens of
Virginia, and in accordance with my authority contained in §§ 46.2-330(A)
and 46.2-345 of the Code of Virginia, I hereby order the following measures:
• I hereby direct the Commissioner of the Department of Motor
Vehicles, and the directors of such other executive branch agencies as deem
appropriate in their discretion, to extend the validity period of Virginia
driver's licenses, learner's permits, commercial driver's licenses, and
identification cards issued by the Commonwealth that expire April 26, 2018,
through April 30, 2018, until May 4, 2018, 11:59:59 PM EST.
This Executive Order shall be effective retroactively from April
26, 2018, and shall remain in full force and effect until May 4, 2018, 11:59:59
PM EST.
Given under my hand and under the Seal of the Commonwealth of
Virginia, this 27th day of April, 2018.