Virginia Regulatory Town Hall View Comments

Department of Wildlife Resources

Board of Wildlife Resources

Guidance Document Change: Existing guidance document, sharing now to Town Hall. This effort is to populate DWR's Town Hall profile with our existing and current documents that meet the Office of Regulatory Management's Guidance Document standard.

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12/5/23 4:32 pm

Commenter: Lance DeBord, Artemis Consulting Services, LLC

General comments on TOYR Guidance

Blackside dace TOYR is listed as April 1 - July 31; not in Clinch drainage, where the species was introduced. According to the VFWIS, the species is known from the Powell and Clinch River watersheds. It is also presented in VFWIS as being known or likely within Brunswick County, VA. Clarification should be made regarding the Brunswick County occurrence as this is most likely an introduction of the species or an error in the VFWIS system. Past interpretations of the species range in Virginia were that the Powell River headwaters occurrence in Lee County was likely an accidental bait bucket release. It is unclear how the species is considered endemic to the Cumberland River system and the headwaters of the Powell River in Virginia but introduced to the Clinch River watershed in Scott County, VA. The Clinch and Powell are both in the upper Tennessee River Basin. Historically, the species was considered endemic only to the Cumberland River Basin.
Indiana bat - It would be helpful to consider habitat in the TOYR for this species. For example, the USFWS considers Indiana bat habitat to be trees with loose or sloughing bark, etc. that are greater than 5 inches dbh. Therefore, a TOYR similar to the following may provide greater flexibility for projects in the field. For example, Clearing of trees greater than 5 inches dbh should not occur from April 1 - November 14. This would allow some activities to move forward, such as clearing brush, daylighting roads within permitted areas, etc.
Northern long-eared bat - similar to Indiana bat comment above. Clearing of trees greater than 3 inches dbh should not occur from April 1 - November 14.
Additional clarification should be provided in the document regarding the implementation of TOYRs on non-listed Federal or State T&E species. The Department's efforts to prevent species from being listed are commended. However, the legal difference between listed species and non-listed species should be clarified for the regulated community.

CommentID: 220726