4VAC15-360-10. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish. Taking aquatic invertebrates, amphibians, reptiles, and nongame fish for private use.
Summary
The recommendation is to (1) include madtoms and in the definition of “fish bait” to recognize the use of these species in recreational fishing; (2) limit the number of madtoms held in aggregate, because of the declining status of these species in Virginia; (3) restrict the use of any madtoms collected for bait to the waters in which the animals were captured to remove the intentional or accidental introduction of animals into new watersheds and reduce impacts to native fish populations; 4) remove White Sucker and Northern Hogsucker from species that may be taken in unlimited numbers; and 5) update the Genus name for “minnows and chubs” for currency of information.
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
The introduction of a species outside of its natural range can pose a serious threat to native species in those environments because of competition for resources and possibility of hybridization. In aquatic systems, anglers commonly use fish as bait, which can allow a pathway to move fish between drainages. One group of species that is commonly used as fish bait is miniature catfish known as madtoms (Noturus spp.). In Virginia, the Orangefin Madtom (N. gilberti), a species native to the Roanoke Drainage, is now established in the upper James drainage, and the Margined Madtom (N. insignis), an Atlantic Slope and New River drainage species, is well established in the North Fork Holston River; both are likely the result of releases of bait fish. More recently, a single specimen of Margined Madtom was detected in the Clinch River in Russell County, considerably outside of its native range in the state. In the Clinch River, there are three native madtom species (Mountain, Yellowfin, and Stonecat), all of which are identified as Species of Greatest Conservation Need (SGCN) in the 2025 Virginia Wildlife Action Plan. Designation as an SGCN means that the species is in decline, requiring focused conservation efforts to prevent increased rarity or extirpation/extinction. Additionally, the Yellowfin Madtom is designated as a federally threatened species, and the Department has been actively involved in the recovery of this species with the goal of delisting. The recommended change aligns with conservation measures necessary to protect native madtoms, with the goal of avoiding continued declines and to avoid possible future designation of nonlisted species as threatened or endangered.
Staff also recommend that this regulation be updated to madtoms as species considered “fish bait” in recognition of their use by anglers as bait and to limit the take of these species, some of which are declining in Virginia. Specifically, staff recommend limiting the take of madtoms to 20 individuals in aggregate to reflect their vulnerability to overcollection.
Further, staff recommend removing northern hogsucker and white sucker from the list of species allowed to be taken in unlimited numbers. Northern Hogsucker (Hypentelium nigricans) and White Sucker (Catostomus commersonii) are native species found throughout the western two-thirds of Virginia. Northern Hogsuckers inhabit small streams to large rivers, while White Suckers occupy small streams to medium rivers. Populations of these species are vulnerable to pollution, dams, and invasive species introductions. As omnivores, they consume mollusks, aquatic insects, worms, and plant material, playing a key role in transferring energy through aquatic and terrestrial ecosystems. Suckers serve as prey for many native predators, including bass, musky, walleye, otters, mink, osprey, eagles, and herons. White Suckers also contribute nutrients to small streams during spring spawning migrations. Their populations are vulnerable to pollution, dams, and invasive species. It is the opinion of staff that these species play different roles in our ecosystems than do the other species currently on the unlimited list that are either invasive or exhibit biological traits that make them resilient to harvest pressure. In contrast, unlimited harvest of Northern Hogsucker and White Sucker could negatively impact their ecological functions and long-term viability.
Finally, as a housekeeping item, staff recommends updating the taxonomic name for the group of fishes known as “minnows and chubs” to reflect current information and reduce regulatory uncertainty.