Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 35 - BIRDS: INCIDENTAL TAKE OF BIRD SPECIES › Section 4VAC15-35-70 - Permits

Current through Register Vol. 40, No. 24, July 15, 2024
The following permits authorize incidental take resulting
				  from regulated activities:
1. General
				permit.
a. The board may, by regulation, adopt
				a sector-specific plan that provides the framework for general permits issued
				for a particular category of regulated activities.
b. An applicant whose activities qualifies
				for a general permit must submit an application to the department and comply
				with all requirements stated in the sector-specific plan.
c. The general permit authorizes a regulated
				activity only if the activity and applicant satisfy all of the terms and
				conditions of the general permit and associated sector-specific plan.
d. An applicant for general permit coverage
				must adhere to the conditions set forth in this chapter pertaining to permit
				renewal, amendment, transfer, suspension, revocation, and other procedures for
				permit issuance. If a sector-specific plan expressly requires department review
				and authorization of general permit coverage, the applicant shall submit a
				permit application and any required documents, together with the applicable
				fee, to the department prior to commencing the proposed activity, and adhere to
				the identified procedures unless the sector-specific plan otherwise specifies.
				The department will review the permit application and required documents to
				ensure that the activity complies with the terms and conditions of the general
				permit.
e. Incidental take by a
				regulated activity of regulated bird species or habitats shall be first avoided
				and then minimized through the use of best management practices described in
				the appropriate sector-specific plan or otherwise authorized by the
				department.
f. Persons authorized
				by the general permit may be required to monitor and report impacts to and the
				incidental take of regulated bird species that result from the regulated
				activity as set forth in the sector-specific plan.
g. No general permit coverage issued under
				this chapter shall be valid for a period of more than eight years after the
				date of its issuance, or such shorter term otherwise specified in the
				applicable sector-specific plan or requested by the applicant. An applicant may
				terminate a permit prior to the expiration of the defined term upon providing
				written evidence to the department of the conclusion of construction and
				fulfillment of any applicable monitoring or site closure requirements defined
				in the appropriate general permit.
h. If the department, upon receiving an
				application for a general permit, determines that the activity does not qualify
				for a general permit, but still requires a permit from the department, the
				department will notify the applicant in writing of the reasons that the
				activity does not qualify for a general permit. The applicant may revise the
				activity and resubmit the application for a general permit or submit an
				application for an individual incidental take permit.