The population density is 157 people per square mile. The overall risk to ecosystems is extreme. Population density has increased 17 percent since 1982. The amount of developed land increased 26 percent between 1982 and 1992. Almost all of the Atlantic white cedar stands in the Great Dismal Swamp have been lost. The state has 52 federally listed threatened and endangered species.
Biological Diversity Policy
Virginia does not have a formal biodiversity policy. However, the state has a related policy. The policy of the Department of Game and Inland Fisheries is to manage the state's wildlife resources "to maintain optimum populations of all species to serve the needs of the Commonwealth."
Status of Biodiversity Science
Virginia does not have a coordinated assessment system in place. Instead, it relies on its Natural Heritage program and GAP. Vegetation mapping under GAP is underway. The program is also tracking 1,127 species of vertebrate and invertebrate animals. In addition, the Department of Game and Inland Fisheries maintains a nongame database, utilizing scientific collection permit reports, breeding bird survey reports, Christmas bird counts and others.
Endangered Species
Virginia has separate acts that cover plant and animal endangered species. (Va. Code Ann. 29.1-563 et seq.; Va. Regs. Reg. 325-01 et seq.) For animals, listings are based on scientific evidence only. Recovery plans are not required, although they are prepared for some species. The law does not require critical habitat designation or agency consultation. Penalties include fines up to $1,000 and/or up to six months in jail.
Under the Endangered Plant and Insect Species Act, listings are based on scientific data only. (Va. Code Ann. 3.1-1020 et seq.; Va. Regs. Reg. 115-04-01) Recovery plans and habitat protection are not mandated, nor is an impact analysis. Penalties for violation constitute a class 1 misdemeanor.
State Agency Management for Biodiversity
State-owned Lands
No examples of state agency management for biological sustainability were found.
Cooperative Efforts
An example of a cooperative effort is a Watershed Planning and Permitting Coordination Task Force established by statute in 1995. (Va. Code Ann. 10.1 - 1193 et seq.) The purpose of the task force is to coordinate the watershed-level activities conducted by state and local agencies. No other examples of cooperative efforts were provided.
State Agency Training
Virginia does not have identified programs of agency personnel training for biodiversity.
Impact Assessment
Virginia has a "little NEPA," although it is limited in scope. All state agencies are required to submit an environmental impact report on each major state project. (Va. Code Ann. 10.1-1188 et seq.) The report must include the environmental effects, mitigation measures, and alternatives to the proposed construction. A "major state project" is defined as the acquisition of land for state facility construction or the construction of a state facility that costs $100,000 or more. The Department of Environmental Quality also has regulations specifically requiring impact analysis for oil and gas operations. (Va. Regs. Reg. 304-02-01)
Habitat Acquisition
Virginia has some habitat acquisition programs, though not designed for biodiversity. For example, the Conservation and Recreation Fund is used to purchase land for several purposes including wildlife habitat and natural areas. (Va. Code Ann. 10.1-1017 et seq.) Monies for the fund consist of general appropriations, gifts, grants and endowments. A general obligation bond was approved in 1992 to acquire state park land and natural area preserves. The bond provides $26.45 million for acquisition of state park lands and $11.45 million for acquisition of state natural area preserves.
Private Land Conservation
Virginia has some private land conservation programs. For example, under the Natural Area Preserve Act, private lands can be registered as a natural area. (Va. Code Ann. 10.1 -209 et seq.) Conservation easements are authorized by statute, with land subject to the easement exempt from state and local taxation. (Va. Code Ann. 10.1-1009 et seq.) A Forest Stewardship Program works with private landowners to address concerns. By law, owners of agricultural land can convert it to wildlife management uses without losing their property tax exemption. Finally, the Coverts Project works with private landowners in biodiversity, ecosystem and wildlife management theories and techniques.
Exotic Species
Virginia has several provisions designed to control the introduction and spread of exotic species. For example, a permit is required to import, possess or sell certain exotic animals. (Va. Regs. Reg. 325-01-02) For plants, the sale and distribution of noxious weed seeds is restricted, along with the regulation of "objectionable" weeds. (Va. Code Ann. 3.1 -263) Fines ranging from $100 to $250 can be imposed. A pest law regulates the importation, sale and transport of any organism that creates a public nuisance. (Va. Code Ann. 3.1 -296.11 et seq; Va. Regs. Reg. 115-04-09) Quarantines and permits are authorized. The importation of fish, shell fish, and crustacea into state waters is regulated through a listing process. Exotic reptiles cannot run at large. (Va. Code Ann. 29.1-569)
Predator or Animal Damage Control Activities
Virginia has an animal damage control program that operates in conjunction with the federal government, although some state agencies have separate wildlife damage programs. In addition, a Nuisance Bird Law authorizes creation of suppression programs to kill birds that are considered to be a public nuisance. (Va. Code Ann. 3.1-1011 et seq.)
Additional Legal Protections for Biodiversity
A 1995 statute allows citizens to submit to a voluntary evaluation of their activities to determine compliance with environmental laws and regulations. (Va. Code Ann. 10.1- 1198 et seq.) The citizen is then given immunity from penalty for violation.
Related Issues
Virginia has one program of public education about biodiversity. The Coverts Project, run by the Cooperativc Extension Service, trains private landowners in biodiversity, ecosystem and wildlife management theories and techniques. The state participates in Project WILD, and published a wildlife viewing guide in 1994. A program in the schools entitled Gardening for Wildlife exists, cosponsored by the Department of Game and Inland Fisheries and the Natural History Museum.
Virginia passed a takings bill in 1995. The law requires the Department of Planning and Budget to include an assessment of the impact of regulations on the use and value of private property in its economic impact analysis.
Contacts:
Department of Agriculture and Consumer
Services
P.O. Box 1163
Richmond, VA 23209
804-786-3501
Department of Conservation and Recreation
203 Governor St.
Suite 302
Richmond, VA 23219
804-786-2121
Department of Game and Inland Fisheries
4010 W. Broad St.
P.O. Box 11104
Richmond, VA 23230
804-367-1000
Marine Resources Commission
P.O. Box 756
Newport News, VA 23607
804-247-2200
State Extension Services
Virginia Polytechnic Institute
and State University
Blacksburg, VA 24061-0402
703-231-9892
Virginia Outdoors Foundation
Aldie Mills
P.O. Box 322
Aldie, VA 22001
703-327-6118
Virginia ADC State Director
21403 Hull Street Road
Moseley, VA 23120
804-739-7739
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu