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HB1126 • 2026

Native migratory fish; protection.

<p class=ldtitle>A BILL to convene a work group to evaluate the cumulative ecological impacts of unpermitted surface water withdrawals on aquatic organisms and freshwater systems to protect Virginia's native migratory fish; report.</p>

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Clark
Last action
2026-02-18
Official status
Failed
Effective date
Not listed

Plain English Breakdown

The official source does not provide specific details on funding for the work group or implementation of recommendations.

Protecting Virginia's Native Migratory Fish

This bill directs the Secretary of Natural and Historic Resources to form a work group that will study how unregulated surface water withdrawals affect native migratory fish in Virginia's rivers and bay, and recommend ways to protect them.

What This Bill Does

  • Directs the Secretary of Natural and Historic Resources to convene a work group with relevant stakeholders to evaluate the cumulative ecological impacts of unpermitted surface water withdrawals on aquatic organisms and freshwater systems.
  • The work group will review how state agencies address the needs of fish listed as threatened or endangered under federal and Virginia lists, and develop recommendations for updating regulations regarding unregulated surface water intakes.
  • Requires the Secretary to submit a report with findings and recommendations by October 1, 2027.

Who It Names or Affects

  • Native migratory fish in Virginia's rivers and bay
  • State agencies managing water resources and wildlife
  • Owners and operators of surface water withdrawals

Terms To Know

Surface Water Withdrawals
Taking water from lakes, rivers, or streams for use.
Endangered Species List
A list of animals that are in danger of disappearing forever.

Limits and Unknowns

  • The bill does not specify how the work group will be funded.
  • It is unclear if and when the recommendations from the report will become laws.

Bill History

  1. 2026-02-18 House

    Left in Committee Rules

  2. 2026-02-02 Studies Subcommittee

    Subcommittee recommends laying on the table (5-Y 0-N)

  3. 2026-01-30 Studies Subcommittee

    Assigned HRUL sub: Studies Subcommittee

  4. 2026-01-27 House

    Fiscal Impact Statement from Department of Planning and Budget (HB1126)

  5. 2026-01-14 House

    Prefiled and ordered printed; Offered 01-14-2026 26104088D

  6. 2026-01-14 Rules

    Referred to Committee on Rules

Official Summary Text

Protection of native migratory fish; work group report.
Directs the Secretary of Natural and Historic Resources to convene a work group of relevant stakeholders to address the decline in Virginia's native migratory fish in the James River and Chesapeake Bay. The bill requires the work group to (i) evaluate the cumulative ecological impacts of surface water withdrawals excluded from the Virginia Water Protection Permit requirements on aquatic organisms and freshwater systems; (ii) review and identify how state agencies address particular needs of fish that are listed as threatened or endangered under the federal endangered species list or the Virginia Species of Greatest Conservation Need; and (iii) develop recommendations for (a) updating the regulations regarding surface water intakes excluded from permitting requirements to meet protective standards, (b) reviewing a statewide inventory of unpermitted intake structures, and (c) assessing the feasibility of installing measures to reduce aquatic organism mortality. The bill requires the Secretary to submit a report of the findings and recommendations of the work group to the Chairs of the Senate Committee on Agriculture, Conservation and Natural Resources and House Committee on Agriculture, Chesapeake and Natural Resources by October 1, 2027.

Current Bill Text

Read the full stored bill text
A BILL to convene a work group to evaluate the cumulative ecological impacts of unpermitted surface water withdrawals on aquatic organisms and freshwater systems to protect Virginia's native migratory fish; report.

Be it enacted by the General Assembly of Virginia:

1.
§ 1.
That the Secretary of Natural and Historic Resources
(
the
Secretary)
shall
, in order to protect Virginia's native migratory fish and address the
concerning
decline
in population of
such
fish in the James River and
Chesapeake
Bay,
convene a work grou
p of stakeholders
. The work group shall include representatives
from
the
Department of Environmental Quality,
the
Department of Wildlife
Resources,
the
Marine Resource
s
Commission
,

Virginia recognized tribes
,

owners and operator
s
of surface water withdrawals
, non-profit organizations,
academic institutions,
fisheries
and aquatic
ecology experts, and other relevant stakeholders
deemed necessary by the Secretary.

§

2.
The work group shall
(
i) evaluate the cumulative ecological impacts of
surface
water withdrawals
excluded from the
Vi
rginia Water Protection

P
ermit requirements

under

Ar
t
icle 2.2
(
§

62.1-44.15:20
et seq.
)
of the Code of Virginia

on aquatic organisms and freshwater systems
;
(ii)
identify
how state agencies address particular needs of
fish
that are listed as
threatened
or endangered
under
the federal
e
ndangered
s
pecies
list or the Virginia Species of
Greatest
Conservation Need
list
; and (iii) develop recommendations for
(a)
updating
the regulations
regarding surface water intakes excluded from the
Virginia Water Protection Permit requirements
to meet
protective
standards
, (b)
reviewing a statewide
inventory
of unpermitted
surface water
intake structures, and (c) assessing the
feasibility
of installing measures to
reduce aquatic organism mortality. The Department of Environm
ental Quality shall provide technical assistance
to the work group, including gathering and reporting information on existing d
esign of
surface water
intakes and protective measures.

§

3. The Secretary shall report the findings
and recommendations of the work group to the Chair
s
of the Senate
Committee
on Agriculture, Conservatio
n and Natural Resources and House
Committee
on Agricul
ture, Chesapeake and Natural Resources by October 1, 2027.