4VAC15-20-130. Definitions and Miscellaneous: In General. Endangered and threatened species; adoption of federal list; additional species enumerated.
Summary
The recommendation is to (i) update the date reference to the federal list of endangered and threatened wildlife species; and (ii) update the Virginia List of Endangered and Threatened Species to add Roanoke Logperch as endangered and to remove Emerald Shiner as state threatened to reflect their status in Virginia more accurately.
Proposed Language
Note: In the “Proposed Language” document, underlined text denotes proposed new language, while text with a strikethrough denotes language that is proposed to be deleted.
Rationale
Adoption of the updated and modified federal list of endangered and threatened wildlife species: Maintaining the currency of the Board’s adoption of the federal list is essential to clarifying the state and federal status of each affected species and to ensuring compliance with our Cooperative Agreements with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service regarding interagency management of these species.
Addition of Roanoke Logperch as a state endangered species: In 2025, the Roanoke Logperch was removed from the list of federal endangered species. The decision to de-list this species federally was mainly due to new information about its distribution in Virginia and longstanding efforts to reduce sediment loading through best management practices, implement habitat restoration, and restrict instream construction to outside of spawning periods. However, in Virginia, the species is still threatened by excessive fine sediment, mainly through runoff from agricultural and urban land uses adjacent to the streams in which it occurs. Staff think that the use of number and lengths of occupied streams as metrics for federal delisting did not adequately consider the quality and long-term viability of populations. For instance, Roanoke logperch populations in the Pigg River, Otter River, and Goose Creek – all genetically similar – exhibit low genetic diversity and low population size, compared to other Virginia streams. Listing Roanoke Logperch as state endangered will allow the Department to prioritize and implement projects such as dam removal, stream restoration, and species translocation (e.g., to support species reintroduction or genetic augmentation). As a state endangered species, a conservation plan will be developed that will identify specific goals for Roanoke Logperch recovery and delisting. The plan will allow for the designation and implementation of nonessential or experimental populations that will assist in the species’ long-term conservation.
Delisting/removal of Emerald Shiner as a state threatened species: The Emerald Shiner has been listed as a state threatened species since 1992. Species records in Virginia are extremely rare, with the last known collection to be in the Clinch River in 1990 and the Powell River in 1968. Despite its rarity and peripheral nature in Virginia, it is considered to have the largest distribution of any North American minnows. Virginia is located on the eastern edge of range for the species and its rarity on our waters is not indicative of imperilment across its range.