Administrative Code

Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 15. Department of Game and Inland Fisheries
8/15/2020

Chapter 20. Definitions and Miscellaneous: in General

4VAC15-20-10. Definitions; generally.

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 the Virginia Game and Inland Fisheries laws contained in Title 29.1 of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from VR325-01-1 § 1, eff. July 1, 1991.

4VAC15-20-20. Definitions; "counties east of the Blue Ridge Mountains."

Whenever the words "counties east of the Blue Ridge Mountains," or language equivalent to that, appear in a regulation of the board, such words shall apply to the following counties and cities:

Accomack

Albemarle

Amelia

Amherst

Appomattox

Arlington

Bedford

Brunswick

Buckingham

Campbell

Caroline

Charles City

Charlotte

Chesapeake City

Chesterfield

Culpeper

Cumberland

Dinwiddie

Essex

Fairfax

Fauquier

Fluvanna

Franklin

Gloucester

Goochland

Greene

Greensville

Halifax

Hampton City

Hanover

Henrico

Henry

Isle of Wight

James City

King and Queen

King George

King William

Lancaster

Loudoun

Louisa

Lunenburg

Madison

Mathews

Mecklenburg

Middlesex

Nelson

NewKent

Newport News City

Northampton

Northumberland

Nottoway

Orange

Patrick

Pittsylvania

Powhatan

Prince Edward

Prince George

Prince William

Rappahannock

Richmond

Southampton

Spotsylvania

Stafford

Suffolk City

Surry

Sussex

Virginia Beach City

Westmoreland

York

Statutory Authority

§§ 29.1-501, 29.1-502 and 29.1-566 of the Code of Virginia.

Historical Notes

Derived from VR325-01-1 § 2, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 4, eff. January 1, 1996.

4VAC15-20-30. Definitions; "counties west of the Blue Ridge Mountains."

Whenever the words "counties west of the Blue Ridge Mountains," or language equivalent to that, appear in a regulation of the board, such words shall apply to the following counties:

Alleghany

Augusta

Bath

Bland

Botetourt

Buchanan

Carroll

Clarke

Craig

Dickenson

Floyd

Frederick

Giles

Grayson

Highland

Lee

Montgomery

Page

Pulaski

Roanoke

Rockbridge

Rockingham

Russell

Scott

Shenandoah

Smyth

Tazewell

Warren

Washington

Wise

Wythe

Statutory Authority

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

Historical Notes

Derived from VR325-01-1 § 3.

4VAC15-20-40. Definitions; "Dismal Swamp Line."

Whenever the words "Dismal Swamp Line," or language equivalent to that, appear in a regulation of the board, such words shall apply to a line: Beginning at a point on State Highway 10 where it intersects the Isle of Wight County line, thence along such highway to its intersection with the corporate limits of the City of Suffolk, thence through the corporate limits of the City of Suffolk to its intersection with State Secondary Highway 642, and thence along State Secondary Highway 642 (White Marsh Road) in a southerly and westerly direction to State Secondary Highway 604 (Desert Road), and thence southerly along State Secondary Highway 604 to the North Carolina line.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-01-1 § 3.1, eff. July 1, 1988.

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

A. In accordance with § 29.1-100 of the Code of Virginia, the following terms shall have the meanings ascribed to them by this section when used in regulations of the board:

"Native animal" means those species and subspecies of animals naturally occurring in Virginia, as included in the department's 2018 "List of Native and Naturalized Fauna of Virginia," with copies available in the headquarters and regional offices of the department.

"Naturalized animal" means those species and subspecies of animals not originally native to Virginia that have established wild, self-sustaining populations, as included in the department's 2018 "List of Native and Naturalized Fauna of Virginia," with copies available in the headquarters and regional offices of the department.

"Nonnative (exotic) animal" means those species and subspecies of animals not naturally occurring in Virginia, excluding domestic and naturalized species.

The following animals are defined as domestic animals:

Domestic dog (Canis familiaris), including wolf hybrids.

Domestic cat (Felis catus), including hybrids with wild felines.

Domestic horse (Equus caballus), including hybrids with Equus asinus.

Domestic ass, burro, and donkey (Equus asinus).

Domestic cattle (Bos taurus and Bos indicus).

Domestic sheep (Ovis aries) including hybrids with wild sheep.

Domestic goat (Capra hircus).

Domestic swine (Sus scrofa), including pot-bellied pig and excluding any swine that are wild or for which no claim of ownership can be made.

Llama (Lama glama).

Alpaca (Lama pacos).

Camels (Camelus bactrianus and Camelus dromedarius).

Domesticated races of hamsters (Mesocricetus spp.).

Domesticated races of mink (Mustela vison) where adults are heavier than 1.15 kilograms or their coat color can be distinguished from wild mink.

Domesticated races of guinea pigs (Cavia porcellus).

Domesticated races of gerbils (Meriones unguiculatus).

Domesticated races of chinchillas (Chinchilla laniger).

Domesticated races of rats (Rattus norvegicus and Rattus rattus).

Domesticated races of mice (Mus musculus).

Domesticated breeds of European rabbit (Oryctolagus cuniculus) recognized by the American Rabbit Breeders Association, Inc. and any lineage resulting from crossbreeding recognized breeds. A list of recognized rabbit breeds is available on the department's website.

Domesticated races of chickens (Gallus).

Domesticated races of turkeys (Meleagris gallopavo).

Domesticated races of ducks and geese distinguishable morphologically from wild birds.

Feral pigeons (Columba domestica and Columba livia) and domesticated races of pigeons.

Domesticated races of guinea fowl (Numida meleagris).

Domesticated races of peafowl (Pavo cristatus).

"Wild animal" means any member of the animal kingdom, except domestic animals, including without limitation any native, naturalized, or nonnative (exotic) mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate, and includes any hybrid of them, except as otherwise specified in regulations of the board, or part, product, egg, or offspring of them, or the dead body or parts of them.

B. Exception for red foxes and European rabbits. Domesticated red foxes (Vulpes vulpes) having coat colors distinguishable from wild red foxes and wild European rabbits possessed in captivity on July 1, 2017, may be maintained in captivity until the animal dies, but the animal may not be bred or sold without a permit from the department. Persons possessing domesticated red foxes or European rabbits without a permit from the department must declare such possession in writing to the department by January 1, 2018. This written declaration must include the number of individual animals in possession and date acquired, sex, estimated age, coloration, and a photograph of each fox or European rabbit. This written declaration shall (i) serve as a permit for possession only, (ii) is not transferable, and (iii) must be renewed every five years.

Statutory Authority

§§ 29.1-103 and 29.1-501 of the Code of Virginia.

Historical Notes

Derived from VR325-01-1 § 5, eff. July 15, 1992; amended, Virginia Register Volume 12, Issue 4, eff. January 1, 1996; Volume 17, Issue 6, eff. January 1, 2001; Volume 24, Issue 10, eff. January 1, 2008; Volume 27, Issue 10, eff. January 1, 2011; Volume 29, Issue 9, eff. January 1, 2013; Volume 31, Issue 9, eff. January 1, 2015; Volume 31, Issue 25, eff. August 1, 2015; Volume 33, Issue 24, eff. August 1, 2017; Volume 35, Issue 2, eff. January 1, 2019; Volume 35, Issue 22, eff. July 1, 2019.

4VAC15-20-60. Definitions; "person."

The word "person," when used in the regulations of the board, may extend and be applied to bodies politic and corporate as well as individuals.

Statutory Authority

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

Historical Notes

Derived from VR325-01-1 § 6.

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:

Virginia Resident Licenses to Hunt

Type license

Fee

One-year Resident License to Hunt, for licensees 16 years of age or older

$22.00

Two-year Resident License to Hunt, for licensees 16 years of age or older

$43.00

Three-year Resident License to Hunt, for licensees 16 years of age or older

$64.00

Four-year Resident License to Hunt, for licensees 16 years of age or older

$85.00

County or City Resident License to Hunt in County or City of Residence Only, for licensees 16 years of age or older

$15.00

Resident Senior Citizen Annual License to Hunt, for licensees 65 years of age or older

$8.00

Resident Junior License to Hunt, for licensees 12 through 15 years of age, optional for licensees younger than 12 years of age

$7.50

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

$15.00

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)

$99.00

Resident Hunting License for Partially Disabled Veterans

$11.00

Resident Infant Lifetime License to Hunt

$130.00

Resident Junior Lifetime License to Hunt, for licensees younger than 12 years of age at the time of purchase

$260.00

Resident Lifetime License to Hunt, for licensees at the time of purchase:

through 44 years of age

$265.00

45 through 50 years of age

$215.00

51 through 55 years of age

$165.00

56 through 60 years of age

$115.00

61 through 64 years of age

$65.00

65 years of age and older

$25.00

Totally and Permanently Disabled Resident Special Lifetime License to Hunt

$15.00

Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt or Freshwater Fish (also listed under Virginia Resident Licenses to Fish)

no fee

Virginia Resident Licenses for Additional Hunting Privileges

Type license or permit

Fee

Resident Deer and Turkey Hunting License, for licensees 16 years of age or older

$22.00

Resident Junior Deer and Turkey Hunting License, for licensees younger than 16 years of age

$7.50

Resident Archery License to Hunt with archery equipment during archery hunting season

$17.00

Resident Bear Hunting License

$20.00

Resident Muzzleloading License to Hunt during muzzleloading hunting season

$17.00

Resident Bonus Deer Permit

$17.00

Resident Fox Hunting License to hunt foxes on horseback with hounds without firearms (not required of an individual holding a general License to Hunt)

$22.00

Virginia Nonresident Licenses to Hunt

Type license

Fee

Nonresident License to Hunt, for licensees 16 years of age or older

$110.00

Nonresident Three-Day Trip License to Hunt

$59.00

Nonresident Youth License to Hunt, for licensees:

younger than 12 years of age

$12.00

12 through 15 years of age

$15.00

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

$30.00

Nonresident Annual Hunting License for Partially Disabled Veterans

$55.00

Nonresident Annual Hunting License for Totally and Permanently Disabled Veterans

$27.50

Nonresident Infant Lifetime License to Hunt

$275.00

Nonresident Lifetime License to Hunt

$580.00

Virginia Nonresident Licenses for Additional Hunting Privileges

Type license or permit

Fee

Nonresident Deer and Turkey Hunting License, for licensees:

16 years of age or older

$85.00

12 through 15 years of age

$15.00

younger than 12 years of age

$12.00

Nonresident Bear Hunting License

$150.00

Nonresident Archery License to Hunt with archery equipment during archery hunting season

$30.00

Nonresident Muzzleloading License to Hunt during muzzleloading hunting season

$30.00

Nonresident Shooting Preserve License to Hunt within the boundaries of a licensed shooting preserve

$22.00

Nonresident Bonus Deer Permit

$30.00

Nonresident Fox Hunting License to hunt foxes on horseback with hounds without firearms (not required of an individual holding a general License to Hunt)

$110.00

Miscellaneous Licenses or Permits to Hunt

Type license or permit

Fee

Waterfowl Hunting Stationary Blind in Public Waters License

$22.50

Waterfowl Hunting Floating Blind in Public Waters License

$40.00

Foxhound Training Preserve License

$17.00

Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Fish)

$17.00

Virginia Resident and Nonresident Licenses to Trap

Type license

Fee

One-year Resident License to Trap, for licensees 16 years of age or older

$45.00

Two-year Resident License to Trap, for licensees 16 years of age or older

$89.00

Three-year Resident License to Trap, for licensees 16 years of age or older

$133.00

Four-year Resident License to Trap, for licensees 16 years of age or older

$177.00

County or City Resident License to Trap in County or City of Residence Only

$20.00

Resident Junior License to Trap, for licensees younger than 16 years of age

$10.00

Resident Senior Citizen License to Trap, for licensees 65 years of age or older

$8.00

Resident Senior Citizen Lifetime License to Trap, for licensees 65 years of age or older

$25.00

Totally and Permanently Disabled Resident Special Lifetime License to Trap

$15.00

Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Trap

$15.00

Nonresident License to Trap

$205.00

Virginia Resident Licenses to Fish

Type license

Fee

One-year Resident License to Freshwater Fish

$22.00

Two-year Resident License to Freshwater Fish

$43.00

Three-year Resident License to Freshwater Fish

$64.00

Four-year Resident License to Freshwater Fish

$85.00

County or City Resident License to Freshwater Fish in County or City of Residence Only

$15.00

Resident License to Freshwater Fish, for licensees 65 years of age or older

$8.00

Resident License to Fish in Designated Stocked Trout Waters

$22.00

Resident License to Freshwater and Saltwater Fish

$38.50

Resident License to Freshwater Fish for Five Consecutive Days

$13.00

Resident License to Freshwater and Saltwater Fish for Five Consecutive Days

$23.00

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)

$99.00

Resident Fishing License for Partially Disabled Veterans

$11.00

Resident Infant Lifetime License to Fish

$130.00

Resident Special Lifetime License to Freshwater Fish, for licensees at the time of purchase:

through 44 years of age

$265.00

45 through 50 years of age

$215.00

51 through 55 years of age

$165.00

56 through 60 years of age

$115.00

61 through 64 years of age

$65.00

65 years of age and older

$25.00

Resident Special Lifetime License to Fish in Designated Stocked Trout Waters, for licensees at the time of purchase:

through 44 years of age

$265.00

45 through 50 years of age

$215.00

51 through 55 years of age

$165.00

56 through 60 years of age

$115.00

61 through 64 years of age

$65.00

65 years of age and older

$25.00

Totally and Permanently Disabled Resident Special Lifetime License to Freshwater Fish

$15.00

Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt and Freshwater Fish (also listed under Virginia Resident Licenses to Hunt)

no fee

Virginia Nonresident Licenses to Fish

Type license

Fee

Nonresident License to Freshwater Fish

$46.00

Nonresident License to Freshwater Fish in Designated Stocked Trout Waters

$46.00

Nonresident License to Freshwater and Saltwater Fish

$70.00

Nonresident Fishing License for Partially Disabled Veterans

$23.00

Nonresident Annual Fishing License for Totally and Permanently Disabled Veterans

$11.50

Nonresident License to Freshwater Fish for One Day

$7.00

Nonresident License to Freshwater Fish for Five Consecutive Days

$20.00

Nonresident License to Freshwater and Saltwater Fish for Five Consecutive Days

$30.00

Nonresident Infant Lifetime License to Fish

$275.00

Nonresident Special Lifetime License to Freshwater Fish

$580.00

Nonresident Special Lifetime License to in Fish in Designated Stocked Trout Waters

$580.00

Miscellaneous Licenses or Permits to Fish

Type license or permit

Fee

Permit to Fish for One Day at Board-Designated Stocked Trout Fishing Areas with Daily Use Fees

$7.00

Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Hunt)

$17.00

Special Guest Fishing License

$60.00

Statutory Authority

§§ 29.1-103 and 29.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 22, eff. July 1, 2006; amended, Virginia Register Volume 25, Issue 25, eff. August 1, 2009; Volume 27, Issue 23, eff. July 1, 2011; Volume 28, Issue 10, eff. January 1, 2012; Volume 29, Issue 25, eff. August 15, 2013; Volume 30, Issue 24, eff. August 1, 2014; Volume 31, Issue 25, eff. August 1, 2015; Volume 35, Issue 22, eff. July 1, 2019.

4VAC15-20-66. Admittance, parking, or other use fee at certain department-owned facilities.

A. Pursuant to the authority of the board under § 29.1-103 (14) of the Code of Virginia and in accordance with § 29.1-113 of the Code of Virginia, a daily fee of $3.00 or an annual fee equal to the price of an annual basic state resident fishing or hunting license is established for admittance, parking, or other use at department-owned wildlife management areas and public fishing lakes. Such fee shall not apply to (i) any person holding a valid hunting, trapping, or fishing license, or a current certificate of boat registration issued by the department ; (ii) persons 16 years of age or younger; or (iii) the use of department-owned boat ramps.

B. Any person violating this section may, in lieu of any criminal penalty, be assessed a civil penalty of $50.

C. The director may waive fees for any person, group, or organization whenever such action is deemed to be in the department's interest. Any or all facilities may be closed by the director without notice due to an emergency or natural disaster. Full refunds or credits may be issued whenever the closure prevents any use of the facility during the term of the permit. Partial refunds of fees may be made in the interest of providing better customer service.

D. The director may allow deviations from established fees in the form of discounts or special promotions for the purpose of stimulating visitation and use of departmental facilities.

Statutory Authority

§§ 29.1-103, 29.1-113, 29.1-501, and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. July 1, 2011.

4VAC15-20-70. Violations of regulations.

Any violation of any regulation or part of that of the board is made a misdemeanor by §§ 29.1-505 and 29.1-746 of the Code of Virginia and persons convicted of such violation will be punished as provided in said sections or other applicable provisions of the Code of Virginia.

Statutory Authority

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

Historical Notes

Derived from VR325-01-1 § 7.

4VAC15-20-75. Wildlife Violator Compact.

A. This section is adopted pursuant to authority granted to the Board of Game and Inland Fisheries under §§ 29.1-103 and 29.1-530.5 of the Code of Virginia.

B. Definitions used herein unless the contrary is clearly indicated are those used in § 29.1-530.5 of the Code of Virginia, the Wildlife Violator Compact, herein referred to as the compact.

C. In accordance with Article VII of the compact, the board hereby authorizes the Director of the Department of Game and Inland Fisheries to appoint the Commonwealth's representative to the Board of Compact Administrators. Such appointment shall be consistent with and subject to the aforesaid provisions of the compact and such representative shall serve at the pleasure of the director.

D. In accordance with Article IV of the compact, upon receipt from a participating state of a report of the conviction in that state of a resident of the Commonwealth, the department shall enter such conviction in its records and such conviction shall be treated as though it had occurred in the Commonwealth and therefore as a violation of the board's applicable regulations for purposes of suspension of license privileges.

E. In accordance with Article IV of the compact, upon receipt from a participating state of a report of the failure of a resident of the Commonwealth to comply with the terms of a citation issued by that state, the department shall notify such person of that report in accordance with the procedures set forth in subsections G through J of this section and shall initiate a proceeding to suspend any applicable licenses issued to such person by the board until the department has received satisfactory evidence of compliance with the terms of such citation.

F. In accordance with Article V of the compact, upon receipt from a participating state of a report of the suspension of license privileges of a resident of the Commonwealth issued by that state that is in accordance with suspension of license pursuant to the Code of Virginia, the department shall notify such person of that report in accordance with the procedures set forth in subsections G through J of this section and shall initiate a proceeding to suspend any applicable licenses issued to such person by the board until the department has received satisfactory evidence that such suspension has been terminated.

G. Upon receipt of a report pursuant to subsections D, E, or F of this section, the director or his designee shall provide notice thereof to the resident of the Commonwealth who is the subject of such report. Such notice shall advise such person of the contents of the notice and of any action that the department proposes to take in response thereto.

H. The person who is the subject of such notice shall be provided an opportunity to request within 30 days from the date of such notice an opportunity to contest the department's proposed action by requesting an informal fact-finding conference to be conducted by a representative of the department designated by the director. Although such proceedings are exempt from the requirements of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) as provided by § 2.2-4002 A 3 thereof, the department shall to the extent practicable afford such persons seeking an informal fact-finding conference the rights provided under § 2.2-4019 of the Code of Virginia. Those include but are not limited to the right to receive reasonable notice as described in subsection G of this section and the right to appear in person or by counsel before the designated representative of the department. However, no discovery shall be conducted and no subpoenas shall be issued as part of any such proceeding.

I. An informal fact-finding proceeding shall be completed within 60 days of receipt by the department of the request described in subsection H of this section. Upon such completion the designated representative of the department shall make a recommended decision to the director or to such person designated by the director to make such decision. The decision maker shall promptly issue a written decision to the person who requested the proceeding. If the affected party is not satisfied by this decision it may be appealed to a three member panel as appointed by the agency director.

J. Any decision upholding the suspension of licensing privileges as a result of the process described in subsections D through I of this section shall be entered by the department on its records and shall be treated as though it had occurred in the Commonwealth and therefore as a violation of the board's applicable regulations.

K. The director shall establish procedures for reporting to participating states convictions or failures to comply with citations in the Commonwealth by residents of those respective states. Such procedures shall comply with the reporting requirements established by and pursuant to the provisions of the compact.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 27, Issue 10, eff. January 1, 2011.

4VAC15-20-80. (Repealed.)

Historical Notes

Derived from VR325‑01‑1 § 8; amended, Virginia Register Volume 12, Issue 4, eff. January 1, 1996; Volume 17, Issue 19, eff. July 4, 2001; repealed, Virginia Register Volume 32, Issue 23, eff. July 1, 2016.

4VAC15-20-90. Permits for drilling, dredging and other operations in Back Bay area.

Drilling, dredging and any other operation designed to recover or obtain shell, minerals or any other substance shall be unlawful on lands owned by or under the control of the Commonwealth of Virginia under Back Bay, its tributaries and the North Landing River from the North Carolina line to North Landing Bridge unless a permit is first obtained from the board. Application for a permit under this section shall be made to the board in such form and substance as the board may require. Under the authority of § 29.1-103 of the Code of Virginia, the board shall grant or refuse such permits as conditions may require in order to prevent practices and operations which would harm the area for fish and wildlife.

Statutory Authority

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

Historical Notes

Derived from VR325-01-1 § 9, eff. October 1, 1968.

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 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.

Statutory Authority

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

Historical Notes

Derived from VR325-01-1 § 10, eff. July 1, 1989; amended, Virginia Register Volume 21, Issue 3, eff. October 1, 2004; Volume 29, Issue 9, eff. January 1, 2013.

4VAC15-20-110. Refusal to surrender licenses, permits, stamps, or records to department representatives.

No agent, or any other person for him, in possession of issued or unissued hunting, fishing or trapping licenses, permits, stamps, or records pertaining to them, shall refuse to surrender upon demand such licenses, permits, stamps or records to department representatives authorized by the director to take such licenses, permits, stamps, and records into custody.

Statutory Authority

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

Historical Notes

Derived from VR325-01-1 § 11, eff. April 1, 1979.

4VAC15-20-120. Appointment of new consignment agents for sale of hunting and fishing licenses.

A. Except as provided below, no person shall be appointed as a consignment agent for the sale of hunting and fishing licenses unless he first sells licenses on a cash basis for at least one year. In addition, the dollar volume of actual or projected sales must equal at least 90% of the average hunting and fishing license sales of consignment agents in the locality.

B. If the cash agent sells the required number of licenses, he may be appointed as a consignment agent, provided he is approved for a surety bond by the board's bonding company.

C. This chapter is applicable to new appointments and not to transfers of existing appointments; provided, that the director may appoint consignment agents as needed to provide for a minimum of two consignment agents within a locality. In addition, the director may appoint consignment agents on state-owned or state-leased facilities.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-01-1 § 12, eff. January 5, 1990; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993.

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, 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:

1. Fish:

Endangered

Dace, Tennessee

Phoxinus tennesseensis

Darter, sharphead

Etheostoma acuticeps

Darter, variegate

Etheostoma variatum

Sunfish, blackbanded

Enneacanthus chaetodon

Threatened:

Darter, Carolina

Etheostoma collis

Darter, golden

Etheostoma denoncourti

Darter, greenfin

Etheostoma chlorobranchium

Darter, sickle

Percina willliamsi

Darter, western sand

Ammocrypta clara

Madtom, orangefin

Noturus gilberti

Paddlefish

Polyodon spathula

Shiner, emerald

Notropis atherinoides

Shiner, steelcolor

Cyprinella whipplei

Shiner, whitemouth

Notropis alborus

2. Amphibians:

Endangered:

Salamander, eastern tiger

Ambystoma tigrinum

Threatened:

Salamander, Mabee's

Ambystoma mabeei

Treefrog, barking

Hyla gratiosa

3. Reptiles:

Endangered:

Rattlesnake, canebrake (Coastal Plain population of timber rattlesnake)

Crotalus horridus

Turtle, bog

Glyptemys muhlenbergii

Turtle, eastern chicken

Deirochelys reticularia reticularia

Threatened:

Lizard, eastern glass

Ophisaurus ventralis

Turtle, wood

Glyptemys insculpta

4. Birds:

Endangered:

Plover, Wilson's

Charadrius wilsonia

Rail, black

Laterallus jamaicensis

Wren, Bewick's

Thryomanes bewickii bewickii

Threatened:

Falcon, peregrine

Falco peregrinus

Shrike, loggerhead

Lanius ludovicianus

Sparrow, Bachman's

Aimophila aestivalis

Sparrow, Henslow's

Ammodramus henslowii

Tern, gull-billed

Sterna nilotica

5. Mammals:

Endangered:

Bat, Rafinesque's eastern big-eared

Corynorhinus rafinesquii macrotis

Bat, little brown

Myotis lucifugus

Bat, tri-colored

Perimyotis subflavus

Hare, snowshoe

Lepus americanus

Shrew, American water

Sorex palustris

Vole, rock

Microtus chrotorrhinus

6. Mollusks:

Endangered:

Coil, rubble

Helicodiscus lirellus

Coil, shaggy

Helicodiscus diadema

Deertoe

Truncilla truncata

Elephantear

Elliptio crassidens

Elimia, spider

Elimia arachnoidea

Floater, brook

Alasmidonta varicosa

Ghostsnail, thankless

Holsingeria unthanksensis

Heelsplitter, Tennessee

Lasmigona holstonia

Lilliput, purple

Toxolasma lividus

Mussel, slippershell

Alasmidonta viridis

Pigtoe, Ohio

Pleurobema cordatum

Pigtoe, pyramid

Pleurobema rubrum

Springsnail, Appalachian

Fontigens bottimeri

Springsnail (no common name)

Fontigens morrisoni

Supercoil, spirit

Paravitrea hera

Threatened:

Floater, green

Lasmigona subviridis

Papershell, fragile

Leptodea fragilis

Pigtoe, Atlantic

Fusconaiamasoni

Pimpleback

Quadrula pustulosa pustulosa

Pistolgrip

Tritogonia verrucosa

Riversnail, spiny

Iofluvialis

Sandshell, black

Ligumia recta

Supercoil, brown

Paravitrea septadens

7. Arthropods:

Threatened:

Amphipod, Madison Cave

Stygobromus stegerorum

Pseudotremia, Ellett Valley

Pseudotremia cavernarum

Xystodesmid, Laurel Creek

Sigmoria whiteheadi

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:

Species

Location

Allowable Circumstances

Required Conservation Measures

Expected Incidental Take

Little brown bat

Tri-colored bat

Statewide

Human health risk – need for removal of individual animals from human-habited structures.

Between May 15 and August 31, no exclusion of bats from maternity colonies, except for human health concerns.

DGIF-permitted nuisance wildlife control operator with DGIF-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.

Little to no direct lethal taking expected.

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.

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 nuisance wildlife control operator with DGIF-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.

Little to no direct lethal taking expected.

Facility or project operations when conducted in accordance with a DGIF-approved plan associated with these species.

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.

Little to no direct lethal taking expected.

Statutory Authority

§§ 29.1-103 and 29.1-501 of the Code of Virginia.

Historical Notes

Derived from VR325-01-1 § 13, eff. January 1, 1992; amended, Virginia Register Volume 12, Issue 4, eff. January 1, 1996; Volume 17, Issue 6, eff. January 1, 2001; Volume 22, Issue 19, eff. July 1, 2006; Volume 24, Issue 10, eff. January 1, 2008; Volume 27, Issue 10, eff. January 1, 2011; Volume 29, Issue 9, eff. January 1, 2013; Volume 30, Issue 24, eff. August 1, 2014; Volume 32, Issue 14, eff. April 1, 2016; Volume 33, Issue 5, eff. October 10, 2016; Volume 35, Issue 22, eff. July 1, 2019.

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

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

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

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

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

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

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

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

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

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

Statutory Authority

§ 29.1-501 of the Code of Virginia.

Historical Notes

Derived from VR325-01-1 § 14, eff. January 1, 1992; amended, Virginia Register Volume 27, Issue 10, eff. January 1, 2011; Volume 31, Issue 25, eff. August 1, 2015.

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.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-01-1 § 15, eff. January 5, 1990; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-20-160. Nuisance species designated.

A. The board hereby designates the following species as nuisance species pursuant to § 29.1-100 of the Code of Virginia.

1. Mammals.

a. House mouse (Mus musculus);

b. Norway rat (Rattus norvegicus);

c. Black rat (Rattus rattus);

d. Coyote (Canis latrans);

e. Feral hog (Sus scrofa; any swine that are wild or for which no proof of ownership can be made);

f. Nutria (Myocastor coypus); and

g. Woodchuck (Marmota monax).

2. Birds.

a. European starling (Sturnus vulgaris);

b. English (house) sparrow (Passer domesticus); and

c. Pigeon (Rock Dove) (Columba livia).

d. Other nonnative species as defined in the Migratory Bird Treaty Reform Act of 2004 and regulated under 50 CFR 10.13.

B. It shall be unlawful to take, possess, transport, or sell all other wildlife species not classified as game, furbearer or nuisance, or otherwise specifically permitted by law or regulation.

Statutory Authority

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

Historical Notes

Derived from VR325-01-1 § 16, eff. October 15, 1990; amended, Virginia Register Volume 13, Issue 5, eff. January 1, 1997; Volume 13, Issue 18, eff. July 1, 1997; Volume 17, Issue 19, eff. July 4, 2001; Volume 19, Issue 1, eff. October 23, 2002; Volume 22, Issue 19, eff. July 1, 2006; Volume 31, Issue 2, eff. September 1, 2014.

4VAC15-20-170. [Repealed]

Historical Notes

Derived from VR325-01-1 § 17, eff. October 15, 1990; amended, Virginia Register Volume 12, Issue 4, eff. January 1, 1996; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-20-180. Taking of invertebrates.

A. Earthworms. Earthworms may be taken at any time for private or commercial use.

B. Other invertebrates. Except as otherwise provided for in §§ 3.1-1020 through 3.1-1030 and 29.1-418 of the Code of Virginia and in 4VAC15-20-130, 4VAC15-30-10 et seq. and 4VAC15-360-10 invertebrates, other than those listed in endangered or threatened, may be taken for private use.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-01-1 § 18, eff. October, 15, 1990; amended Virginia Register Volume 8, Issue 19, eff. July 15, 1992.

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 4VAC15-320-120, waters covered by 4VAC15-330-160, and urban fishing waters covered by 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 4VAC15-320-120 or waters under 4VAC15-330-160.

Statutory Authority

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

Historical Notes

Derived from VR325-01-1 § 19, eff. January 1, 1993; amended, Virginia Register Volume 11, Issue 5, eff. January 1, 1995; Volume 35, Issue 2, eff. January 1, 2019.

4VAC15-20-200. Fees for miscellaneous permits.

A. Pursuant to §§ 29.1-417, 29.1-418, 29.1-422 and other applicable provisions of the Code of Virginia, except as provided by this chapter the following annual fees shall be paid by applicants for the specified permits before any such permit may be issued.

Boat Ramp Special Use

Nonprofit Public Use

$10

Private/Commercial Use

$50

Collect and Sell

$50

Commercial Nuisance Animals

$25

Exhibitors

Commercial Use

$50

Educational/Scientific Use

$20

Exotic Importation and Holding

$10

Field Trial

$25

Foxhound Training Preserves

$50

Hold for Commercial Use

$10

Propagation

$12.50

Rehabilitation

$10

Scientific Collection

$20

Special Hunting Permit

$10

Striped Bass Tournament

$10

Threatened & Endangered Species

$20

Trout Catch-Out Pond

$50

B. Veterinarians shall not be required to pay a permit fee or to obtain a permit to hold wildlife temporarily for medical treatment.

Statutory Authority

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

Historical Notes

Derived from VR325-01-1 § 20, eff. January 1, 1995; amended, Virginia Register Volume 12, Issue 18, eff. July 1, 1996; Volume 13, Issue 18, eff. July 1, 1997; Volume 24, Issue 10, eff. January 1, 2008.

4VAC15-20-210. Definitions; nonindigenous aquatic nuisance species.

A. In addition to the species already listed in § 29.1-571 of the Code of Virginia, the board hereby designates the following species as nonindigenous aquatic nuisance species pursuant to § 29.1-100 of the Code of Virginia.

1. Fish.

a. Black carp (Mylopharyngodon piceus)

2. Invertebrates.

a. New Zealand mudsnail (Potamopyrgus antipodarum)

b. Rusty crayfish (Orconectes rusticus)

c. Chinese mitten crab (Eriocheir sinensis)

d. Marbled crayfish (Marmorkrebs – genus Procambarus)

B. It shall be unlawful to take, possess, transport, import, sell, or offer for sale within the Commonwealth any nonindigenous aquatic nuisance species except as authorized by law or regulation.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 22, Issue 6, eff. January 1, 2006; amended, Virginia Register Volume 24, Issue 10, eff. January 1, 2008; Volume 29, Issue 9, eff. January 1, 2013.

4VAC15-20-220. Disease prevention, control and eradication in wildlife.

A. Whenever a disease threatens wildlife in the Commonwealth, the director is authorized to undertake measures to prevent, control or eradicate the spread of such disease including, but not limited to, the delineation of wildlife disease management, surveillance, and quarantine areas, the reduction of selected wildlife populations, the restriction in the movement of wildlife or parts thereof, the prohibition of feeding of wildlife or use of animal-based products such as attractants, the prohibition of rehabilitation and release of selected wildlife species and the manipulation or modification of environmental conditions. Further, the director is authorized to require mandatory checking and disease testing of selected wildlife species and to modify or establish hunting and trapping seasons and bag limits, as necessary, to prevent, control or eradicate the spread of disease in wildlife.

B. Whenever a disease in wildlife or the planned disease response has implications for human, domestic or agricultural animal health in the Commonwealth, the director, in consultation with the state and/or public health veterinarian as appropriate, is authorized to undertake measures as described in subsection A to prevent, control or eradicate the spread of such disease in wildlife.

C. Whenever a disease is confirmed in wildlife held in captivity that threatens wildlife, human, domestic or agricultural animal health, the director, in consultation with the state and/or public health veterinarian as appropriate, is authorized to quarantine or dispose of such animals, including measures such as population reduction, depopulation and exportation, modification and decontamination of the captive facility as necessary, and revocation of permits or modification of permit conditions, as to prevent further disease transmission. The department may indemnify the owner or owners, at fair-market value, for privately owned wildlife removed. The department may seek reimbursement of costs for depopulation, modification to, or decontamination of the facility from the landowner and/or owner or owners of the facility.

D. It shall be unlawful for any person to willfully impede the department or its designee in its execution of the aforementioned measures to prevent, control, or eradicate disease in wildlife.

Statutory Authority

§§ 29.1-103, 29.1-103.1, 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 9, eff. December 15, 2006.

4VAC15-20-230. Color of paint prescribed for posting land.

The color of paint prescribed for posting land in accordance with § 18.2-134.1 of the Code of Virginia shall be aluminum or purple.

Statutory Authority

§ 29.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 32, Issue 23, eff. July 1, 2016.

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. 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. 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.

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.

Statutory Authority

§§ 29.1-103 and 29.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 22, eff. July 1, 2019.

Documents Incorporated by Reference (4VAC15-20)

List of Native and Naturalized Fauna of Virginia, 2018, Virginia Department of Game and Inland Fisheries

Federal Endangered and Threatened Animal Species as of May 7, 2019



Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.