Virginia Law

Chapter 30. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals

4VAC15-30-5. Powers, authorities, and duties of the director in permitting.

Pursuant to § 29.1-413 of the Code of Virginia and under authority granted to the board in subdivision 12 of § 29.1-103 of the Code of Virginia, the board hereby confers authority upon the director to set the permit schedule, establish permit conditions, delegate signature authority, establish protocols for responding to permit decision appeals, and render final permit decisions. The director shall also have authority to establish a policy on the issuance of new permits to individuals whose previous permits or applications have been revoked or denied for infractions of wildlife laws, regulations, or conditions.

Statutory Authority

§§ 29.1-103, 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 10, eff. March 4, 1998; amended, Virginia Register Volume 24, Issue 10, eff. January 1, 2008.

4VAC15-30-7. Continuation of permitted activity.

Provided that the issuance of a permit renewal by the department has been delayed past the expiration date of the permittee's previous permit at no fault of the applicant, the permittee may continue the specific activities authorized by the expired permit until the department has acted on such person's application for renewal. To qualify for this allowance, applicants must submit a completed renewal application to the department at least 30 days prior to the expiration date of their permit. The department may deny renewal of a permit to any applicant who fails to meet the issuance criteria set forth by the department.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 10, eff. March 4, 1998.

4VAC15-30-10. Possession, importation, sale, etc., of wild animals.

Under the authority of §§ 29.1-103 and 29.1-521 of the Code of Virginia it shall be unlawful to take, possess, conduct research, import, cause to be imported, export, cause to be exported, buy, sell, offer for sale, or liberate within the Commonwealth any wild animal unless otherwise specifically permitted by law or regulation. Unless otherwise stated, for the purposes of identifying species regulated by the board, when both the scientific and common names are listed, the scientific reference to genus and species will take precedence over common names.

Statutory Authority

§§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-01-2 § 1, eff. July 15, 1992; amended, Virginia Register Volume 11, Issue 9, eff. February 22, 1995; Volume 31, Issue 9, eff. January 1, 2015.

4VAC15-30-20. Permit required to import, liberate or possess predatory or undesirable animals or birds.

Under the authority of § 29.1-542 of the Code of Virginia, live wolves or coyotes, or birds or animals otherwise classed as predatory or undesirable, may not be imported into the Commonwealth or liberated therein, or possessed therein, except under a special permit of the board. Before such permit is issued, the importer shall make application to the department, giving the place of origin, the name and address of the exporter and a certificate from a licensed and accredited practicing veterinarian, or certified fish pathologist, certifying that the animal to be imported is not manifesting any signs of infectious, contagious, or communicable disease.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-01-2 § 2, eff. July 15, 1992.

4VAC15-30-30. Exclusions.

This chapter does not prohibit the possession, importation, and sale of native or naturalized albino amphibians, native or naturalized albino reptiles, or those domestic animals as defined in 4VAC15-20-50.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-01-2 § 3, eff. July 15, 1992; amended, Virginia Register Volume 11, Issue 5, eff. January 1, 1995.

4VAC15-30-40. Importation requirements, possession, and sale of nonnative (exotic) animals.

A. Permit required. A special permit is required and may be issued by the department, if consistent with the department's fish and wildlife management program, to import, possess, or sell those nonnative (exotic) animals listed in the following table and in 4VAC15-20-210 that the board finds and declares to be predatory or undesirable within the meaning and intent of § 29.1-542 of the Code of Virginia, in that their introduction into the Commonwealth will be detrimental to the native fish and wildlife resources of Virginia.

B. Temporary possession permit for certain animals. Notwithstanding the permitting requirements of subsection A of this section, a person, company, or corporation possessing any nonnative (exotic) animal, designated with an asterisk (*) in subsection A of this section, prior to July 1, 1992, must declare such possession in writing to the department by January 1, 1993. This written declaration shall serve as a permit for possession only, is not transferable, and must be renewed every five years. This written declaration must include species name, common name, number of individuals, date or dates acquired, sex (if possible), estimated age, height or length, and other characteristics such as bands and band numbers, tattoos, registration numbers, coloration, and specific markings. Possession transfer will require a new permit according to the requirements of this subsection.

C. Exception for certain monk parakeets. A permit is not required for monk parakeets (quakers) that have been captive bred and are closed-banded with a seamless band.

D. Exception for parts or products. A permit is not required for parts or products of those nonnative (exotic) animals listed in subsection A of this section that may be used for personal use, in the manufacture of products, or used in scientific research, provided that such parts or products be packaged outside the Commonwealth by any person, company, or corporation duly licensed by the state in which the parts originate. Such packages may be transported into the Commonwealth, consistent with other state laws and regulations, so long as the original package remains unbroken, unopened and intact until its point of destination is reached. Documentation concerning the type and cost of the animal parts ordered, the purpose and date of the order, point and date of shipping, and date of receiving shall be kept by the person, business, or institution ordering such nonnative (exotic) animal parts. Such documentation shall be open to inspection by a representative of the Department of Wildlife Resources.

E. Exception for prairie dogs. The effective date of listing of prairie dogs under subsection A of this section shall be January 1, 1998. Prairie dogs possessed in captivity in Virginia on December 31, 1997, may be maintained in captivity until the animals' deaths, but they may not be sold on or after January 1, 1998, without a permit.

F. Exception for snakehead fish. Anglers may legally harvest snakehead fish of the family Channidae, provided that they immediately kill such fish and that they notify the department, as soon as practicable, of such actions.

G. Exception for feral hogs. Anyone may legally trap feral hogs with written permission of the landowner, provided that any trapped hogs are not removed from the trap site alive and are killed immediately.

H. Exception for grass carp. Anglers may legally harvest grass carp of the family Cyprinidae only from public waters of the Commonwealth. It is unlawful to harvest grass carp from any public inland lake or reservoir. Anglers taking grass carp must ensure that harvested grass carp are dead.

I. Exception for Alabama bass. Anglers may possess live Alabama bass of the family Centrarchidae only on the body of water from which the fish were captured, provided that the angler does not live transport these fish outside of the body of water from which the fish were captured. Anglers may only release live Alabama bass back into the body of water from which the fish were captured. Anglers may legally harvest Alabama bass provided that the anglers ensure all harvested Alabama bass are dead.

J. All other nonnative (exotic) animals. All other nonnative (exotic) animals not listed in subsection A of this section may be possessed, purchased, and sold; provided, that such animals shall be subject to all applicable local, state, and federal laws and regulations, including those that apply to threatened/endangered species, and further provided, that such animals shall not be liberated within the Commonwealth.

Statutory Authority

§§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from VR325-01-2 § 4, eff. July 15, 1992; amended, Virginia Register Volume 11, Issue 5, effective January 1, 1995; Volume 12, Issue 4, eff. January 1, 1996; Volume 13, Issue 5, eff. January 1, 1997; Volume 13, Issue 18, subsections A through E and G eff. July 1, 1997, subsection F eff. January 1, 1998; Volume 17, Issue 6, eff. January 1, 2001; Volume 19, Issue 5, eff. January 1, 2003; Volume 19, Issue 7, eff. November 25, 2002; Volume 19, Issue 25, eff. July 30, 2003; Volume 22, Issue 6, eff. December 1, 2005; Volume 24, Issue 10, eff. January 1, 2008; Volume 27, Issue 10, eff. January 1, 2011; Volume 29, Issue 9, eff. January 1, 2013; Volume 30, Issue 24, eff. August 1, 2014; Volume 31, Issue 25, eff. August 1, 2015; Volume 33, Issue 10, eff. January 1, 2017; Volume 37, Issue 5, eff. January 1, 2021; Volume 37, Issue 7, eff. January 1, 2021; Volume 37, Issue 22, eff. July 1, 2021.

4VAC15-30-50. Possession, transportation, and release of wildlife by authorized persons.

A. Department employees in the performance of their official duties; U.S. government agencies' employees whose responsibility includes fisheries and wildlife management; county, city, or town animal control officers in the performance of their official duties related to public health concerns or problem wildlife removal; and individuals operating under conditions of a commercial nuisance animal permit issued by the department pursuant to §§ 29.1-412 and 29.1-417 of the Code of Virginia will be deemed to be permitted pursuant to this section to capture, temporarily hold or possess, transport, release, and when necessary humanely dispatch wildlife, provided that the methods of and documentation for the capture, possession, transport, release, and humane dispatch shall be in accordance with director policy.

B. Local animal shelters operating under the authority of, or under contract with, any county, city, or town with animal control responsibilities shall be authorized to receive, temporarily confine, and humanely euthanize wildlife, except for state or federal threatened and endangered species, federally protected migratory bird species, black bear, white-tailed deer, and wild turkey, provided that the methods of and documentation for the possession, confinement, and euthanasia shall be in accordance with conditions defined by the agency director. Provided further that any person may legally transport wildlife, except for those species listed in this subsection, to an authorized animal shelter after contacting the facility to confirm the animal will be accepted.

C. Wildlife rehabilitators permitted by the department shall be authorized to receive, temporarily confine, provide medical care to, release, and humanely dispatch wildlife provided that the methods of and documentation for such activities shall be in accordance with permit conditions defined by the department. Any person may capture and transport an injured, debilitated, sick, or orphaned wild animal without unnecessary delay directly to a permitted wildlife rehabilitator, department employee, or other person authorized by the department to possess and transport these animals, but only after contacting the facility, employee, or authorized person to confirm the animal will be accepted. Prior to transport, no care may be provided to a wild animal, except as directed by a permitted wildlife rehabilitator or department employee. Following rehabilitation, transport and release of native wildlife shall be allowed as long as such activities are conducted in accordance with permit conditions.

D. Employees or agents of other state wildlife agencies while in the performance of their official duty in transporting wildlife through the Commonwealth will be deemed to be permitted pursuant to this section, provided that a list of animals to be transported, a schedule of dates and locations where those animals will be housed while in the Commonwealth, and a letter of authorization from both the forwarding and receiving state agencies are provided to the department 24 hours prior to the transporting of such animals, and further provided that such animals shall not be liberated within the Commonwealth.

E. Employees or agents of government agencies, while in the performance of their official duties, may temporarily possess, transport, and dispose of carcasses of wild animals killed by vehicles, except for state or federal threatened and endangered species, and federally protected migratory bird species.

F. With prior written approval from the director or the director's designee and under conditions of an applicable department permit, institutions with bona fide accreditation from the Association of Zoos and Aquariums may possess, transport, have transported, export, or import native and naturalized species defined in the List of Native and Naturalized Fauna of Virginia, which is incorporated by reference into 4VAC15-20-50.

Statutory Authority

§§ 29.1-103 and 29.1-501 of the Code of Virginia.

Historical Notes

Derived from VR325-01-2 § 5, eff. February 22, 1995; amended, Virginia Register Volume 19, Issue 19, eff. July 1, 2003; Volume 27, Issue 23, eff. July 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Volume 33, Issue 24, eff. August 1, 2017; Volume 35, Issue 23, eff. August 1, 2019.

4VAC15-30-60. Raptor propagation.

An applicant for a permit to propagate raptors pursuant to §§ 29.1-412, 29.1-521, and 29.1-542 of the Code of Virginia who possesses a valid Federal Raptor Propagation Permit shall submit to the department a completed State Propagation Permit application form and shall conduct their activities in accordance with permit conditions established under the authority of the director as granted in 4VAC15-30-5.

Statutory Authority

§§ 29.1-501 and 29.1-502 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 10, eff. March 4, 1998.