Virginia CHAPTER 30. DEFINITIONS AND MISCELLANEOUS: IMPORTATION, POSSESSION, SALE, ETC., OF ANIMALS

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to establish a policy on the issuance of new permits to individuals whose previous permits or applications have been revoked or denied for infractions of wildlife laws, regulations, or conditions.

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

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.

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.

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.

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.

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.

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	Buforidae	Bufo marinus	Giant or marine toad^*
	Pipidae	Hymenochirus spp.	African dwarf frog
		Pseudohymenochiris merlini
		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.	Piranhas
		Pygocentrus spp.
		Rooseveltiella spp.
		Serrasalmo spp.
		Serrasalmus spp.
		Taddyella spp.
	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.	Snakeheads
		Parachanna spp.
	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^*
	Protelidae	Proteles cristatus	Aardwolf^*
	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
	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.

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.

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”.

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.

Derived from VR325-01-2 § 5, eff. February 22, 1995; amended, Virginia Register Volume 19, Issue 19, eff. July 1, 2003.

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

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.

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