Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 35 - BIRDS: INCIDENTAL TAKE OF BIRD SPECIES › Section 4VAC15-35-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Active nest" means any nest structure of a regulated bird
				  species that contains one or more viable eggs incubated by attendant adults or
				  live dependent young.
"Applicant" means a person who is seeking or has obtained an
				  individual incidental take permit or general permit through the department in
				  accordance with procedures established in this chapter.
"Best management practice" refers to structural or
				  nonstructural measures designed to avoid or minimize the incidental take of
				  regulated bird species or habitats that may result from regulated activities
				  during the construction and operational phases of the project.
"Biologically significant avian habitat" means an area within
				  public or private conservation lands and waters, including national wildlife
				  refuges; national parks or seashores; national forests; national recreation
				  areas; state wildlife management areas; state parks; state natural areas and
				  preserves; state recreation areas; lands owned or under easement by
				  conservation organizations; lands and waters that have been designated as
				  biologically important, such as Coastal Avian Protection Zones, Important Bird
				  Areas, and Marine Sanctuaries; and other lands and waters that encompass unique
				  features deemed biologically important to regulated bird species by the
				  department.
"Board" means the Board of Wildlife Resources.
"Compensation" means achieving no net loss of regulated
				  habitats through restoration, creation, enhancement, or, in certain
				  circumstances, out-of-kind measures for the purposes of offsetting incidental
				  take of regulated bird species or habitats that remain after all appropriate
				  and practicable avoidance and minimization has been considered or achieved.
				  Where permissible, appropriate compensation will be set forth in individual
				  take permits or other board regulation or guidance. There will be no
				  compensation required under general permits.
"Department" means the Department of Wildlife
				  Resources.
"General avian habitat" means lands and waters that are not
				  classified as "biologically significant avian habitat" but nonetheless require
				  evaluation using methods developed by the department to determine their
				  biological value to regulated bird species.
"Incidental take" means any take of a regulated bird species
				  that is incidental to, but not the purpose of, a regulated activity.
"Person" means any individual, non-federal government entity,
				  firm, corporation, association, partnership, club, or private body.
"Regulated activity" or "activity" means a new construction
				  or development activity or the expansion of an activity beyond the original or
				  existing footprint of the activity for which the board has adopted a
				  sector-specific plan.
"Regulated bird species" means any migratory bird species, or
				  any active nest, or egg thereof, regulated by the federal Migratory Bird Treaty
				  Act (
				  16 USC
				  §
										703 et seq.) or its attendant
				  regulations, excluding any bird species listed as endangered or threatened
				  pursuant to
				  4VAC15-20-130.
"Regulated habitat" means biologically significant avian
				  habitat or general avian habitat that is in an area subject to a
				  sector-specific plan, an avian conservation and mitigation plan, or an
				  individual incidental take permit.
"Sector-specific plan" means a framework adopted by
				  regulation of the board that defines what activities will require a permit from
				  the department for incidental take of regulated bird species and outlines the
				  criteria for obtaining such a permit, such as specific best management
				  practices, schedules, or criteria for avoiding or minimizing incidental take
				  and circumstances in which project bundling may be applicable.
"Take" means to harass, harm, pursue, hunt, shoot, wound,
				  kill, capture, trap, collect, possess, destroy, disturb, or to attempt to
				  engage in any such conduct or any activity that significantly or permanently
				  impedes breeding, foraging, resting, or other normal avian behaviors conducted
				  during the annual life cycle, obstructs the use of or destroys or degrades
				  regulated habitats, or reduces reproductive success or survival rates of
				  regulated bird species.
Statutory Authority: §§
											29.1-103,
					 29.1-501,
					 and
					 29.1-502
					 of the Code of Virginia.