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Virginia Administrative Code. Title 4. Conservation and Natural Resources. Vac Agency No. 15. Department of Game and Inland Fisheries. Chapter 30. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals



Country of Origin: United States - Virginia

Agency of Origin: Department of Game and Inland Fisheries

National Citation: 4 VAC 15-30-5 - 60

Agency Citation:

Printable Version VA ADC 15-30-5 - 60


Last checked by Web Center Staff: 07/2013


Summary:   This set of Virginia regulations states that it shall be unlawful to take, possess, 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. Further, 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. A special permit is required and may be issued by the department to import, possess, or sell those nonnative (exotic) animals listed in the table in 4 VAC 15-30-40 (such as badgers, hyenas, and crocodiles among others).
Material in Full:

4 VAC 15-30-5. Powers, authorities, and duties of the director in permitting.

4 VAC 15-30-7. Continuation of permitted activity.

4 VAC 15-30-10. Possession, importation, sale, etc., of wild animals.

4 VAC 15-30-20. Permit required to import, liberate or possess predatory or undesirable animals or birds.

4 VAC 15-30-30. Exclusions.

4 VAC 15-30-40. Importation requirements, possession and sale of nonnative (exotic) animals.

4 VAC 15-30-50. Possession, transportation, and release of wildlife by authorized persons.

4 VAC 15-30-60. Raptor propagation.

 

 

 

4 VAC 15-30-5. 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to establish a policy on the issuance of new permits to individuals whose previous permits or applications have been revoked or denied for infractions of wildlife laws, regulations, or conditions.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.

 

4 VAC 15-30-7. 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.

 


4 VAC 15-30-10. 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, 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

§§ 29.1-501 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 5, eff. January 1, 1995; Volume 11, Issue 9, eff. February 22, 1995.

ATTORNEY GENERAL OPINIONS

A two-year-old African lioness is a wild animal, unlawful to import into the Commonwealth, or to possess in the Commonwealth without a permit from the Board of Game and Inland Fisheries. 1987-88 Va. Op. Atty. Gen. 368, 1988 WL 408913, August 5, 1988.

 


4 VAC 15-30-20. 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.

 


4 VAC 15-30-30. 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 4 VAC 15-20-50.

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.

 


4 VAC 15-30-40. 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 below and in 4 VAC 15-20-210 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:

 

AMPHIBIANS:
Order
Family
Genus/Species
Common Name
Anura
Bufonidae
Rhinella marina
Cane toad*
 
Pipidae
Hymenochirus spp. Pseudohymenochiris merlini
African dwarf frog
   
Xenopus spp.
Tongueless or African clawed frog
Caudata
Ambystomatidae
Ambystoma tigrium mavortium
Barred tiger salamander
   
A.t. diaboli
Gray tiger salamander
   
A.t. melanostictum
Blotched tiger salamander
BIRDS:
Order
Family
Genus/Species
Common Name
Psittaciformes
Psittacidae
Myiopsitta monachus
Monk parakeet*
Anseriformes
Anatidae
Cygnus olor
Mute swan
FISH:
Order
Family
Genus/Species
Common Name
Cypriniformes
Catostomidae
Ictiobus bubalus
Smallmouth* buffalo
   
I. cyprinellus
Bigmouth* buffalo
   
I. niger
Black buffalo*
 
Characidae
Pygopristis spp. Pygocentrus spp. Rooseveltiella spp. Serrasalmo spp. Serrasalmus spp. Taddyella spp.
Piranhas
 
Cyprinidae
Aristichyhys nobilis
Bighead carp*
   
Ctenopharyngodon idella
Grass carp or white amur
   
Cyprinella lutrensis
Red shiner
   
Hypophthalmichthys molitrix
Silver carp*
   
Mylopharyngodom piceus
Black carp*
   
Scardinius erythrophthalmus
Rudd
   
Tinca tinca
Tench*
Gobiesociformes
Gobiidae
Proterorhinus marmoratus
Tubenose goby
   
Neogobius melanostomus
Round goby
Perciformes
Channidae
Channa spp. Parachanna spp.
Snakeheads
 
Cichlidae
Tilapia spp.
Tilapia
   
Gymnocephalus cernuum
Ruffe*
Siluriformes
Clariidae
All species
Air-breathing catfish
Synbranchiformes
Synbranchidae
Monopterus albus
Swamp eel
MAMMALS:
Order
Family
Genus/Species
Common Name
Artiodactyla
Suidae
All Species
Pigs or Hogs*
 
Cervidae
All Species
Deer*
Carnivora
Canidae
All Species
Wild Dogs*, Wolves, Coyotes or Coyote hybrids, Jackals and Foxes
 
Ursidae
All Species
Bears*
 
Procyonidae
All Species
Raccoons and* Relatives
 
Mustelidae
All Species (except Mustela putorius furo)
Weasels, Badgers,* Skunks and Otters Ferret
 
Viverridae
All Species
Civets, Genets,* Lingsangs, Mongooses, and Fossas
 
Herpestidae
All Species
Mongooses*
 
Hyaenidae
All Species
Hyenas and Aardwolves*
 
Felidae
All Species
Cats*
Chiroptera
 
All Species
Bats*
Lagomorpha
Lepridae
Lepus europeaeous
European hare
   
Oryctolagus cuniculus
European rabbit
Rodentia
 
All species native to Africa
All species native to Africa
 
Sciuridae
Cynomys spp.
Prairie dogs
MOLLUSKS:
Order
Family
Genus/Species
Common Name
Neotaenioglossa
Hydrobiidae
Potamopyrgus antipodarum
New Zealand mudsnail
Veneroida
Dreissenidae
Dreissena bugensis
Quagga mussel
   
Dreissena polymorpha
Zebra mussel
REPTILES:
Order
Family
Genus/Species
Common Name
Squamata
Alligatoridae
All species
Alligators, caimans*
 
Colubridae
Boiga irregularis
Brown tree snake*
 
Crocodylidae
All species
Crocodiles*
 
Gavialidae
All species
Gavials*
CRUSTACEANS:
Order
Family
Genus/Species
Common Name
Decapoda
Cambaridae
Orconectes rusticus
Rusty crayfish
   
Procambarus sp.
Marbled crayfish
 
Parastacidae
Cherax spp.
Australian crayfish
 
Varunidea
Eriocheir sinensis
Chinese mitten crab


B. Temporary possession permit for certain animals. Notwithstanding the permitting requirements of subsection A, a person, company or corporation possessing any nonnative (exotic) animal, designated with an asterisk (*) in subsection A, 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 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 Game and Inland Fisheries.

E. Exception for certain mammals. Nonnative (exotic) mammals listed in subsection A, except members of the Cervidae family, African rodents, and prairie dogs, that are imported or possessed by dealers, exhibitors, transporters, and researchers who are licensed or registered by the United States Department of Agriculture under the Animal Welfare Act (7 USC §§ 2131 et seq.) will be deemed to be permitted pursuant to this section, provided that those individuals wanting to import such animals notify the department 24 hours prior to importation with a list of animals to be imported, a schedule of dates and locations where those animals will be housed while in the Commonwealth, and a copy of the current license or licenses or registration or registrations from the U.S. Department of Agriculture, and further provided that such animals shall not be liberated within the Commonwealth.

F. 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.

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

H. 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 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.

Amended, Virginia Register 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.

EFFECT OF AMENDMENT

The December 1, 2005 amendment, in the catchline, changed “or” to “of”; in subsec. A, in the text, inserted “and in 4 VAC 15-20-210” and, in the table, under “Birds”, inserted the row pertaining to “Anseriformes”, under “Mollusks”, inserted the row relating to “Neotaenioglossa” and, in the row relating to “Veneroida”, inserted the information relating to the genus/species “Dreissena bugensis”, and added the information relating to “Crustaceans”; inserted subsec. G; and redesignated former subsec. G as subsec. H.

The January 1, 2008 amendment, in subsec. A, in the table under Crustaceans, added the third subrow to the “Decapoda” row.

The January 1, 2011 amendment, in subsec. A, in the table, inserted the Genus/Species “Hymenochirus spp.” and “Pseudohymenochiris merlini” to the Family “Pipidae” of the Order “Anura”.

The January 1, 2013 amendment, in subsec. A, in the table, under "Amphibians", in order "Anura", substituted "Bufonidae" for "Buforidae" as the family, substituted "Rhinella marina" for "Bufo marinus" as the genus/species and substituted "Cane toad*" for "Giant or marine toad*" as the common name; under "Mammals, in the order "Carnivora", in the family "Hyaenidae", substituted "Hyenas and Aardwolves*" for "Hyenas* in the common name and deleted the row relating to "Protelidae"; and under "Reptiles", in the order "Decapoda", in the family "Cambaridae, added the row relating to "procambarus sp.".

 

4 VAC 15-30-50. 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; and 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 euthanize wildlife, provided that the methods of and documentation for the capture, possession, transport, release and euthanasia shall be in accordance with board 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 above, to an authorized animal shelter after contacting the facility to confirm the animal will be accepted.

C. 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.

D. 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.

STATUTORY AUTHORITY

§§ 29.1-501 and 29.1-502 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.

Amended, Virginia Register Volume 27, Issue 23, eff. July 1, 2011.

EFFECT OF AMENDMENT

The July 1, 2011 amendment inserted subsec. B; redesignated former subsec. B as subsec. C; and added subsec. D.

 


4 VAC 15-30-60. 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 4 VAC 15-30-5.

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.

 



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