TITLE 4. CONSERVATION AND NATURAL RESOURCES
REGISTRAR'S NOTICE: The
Board of Game and Inland Fisheries is claiming an exemption from the
Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of
Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-30. Definitions and
Miscellaneous: Importation, Possession, Sale, Etc., of Animals (amending 4VAC15-30-50).
Statutory Authority: §§ 29.1-103 and 29.1-501 of
the Code of Virginia.
Public Hearing Information:
May 24, 2017 - 9 a.m. - Department of Game and Inland
Fisheries, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: May 10, 2017.
Agency Contact: Phil Smith, Regulatory Coordinator,
Department of Game and Inland Fisheries, 7870 Villa Park Drive, Suite 400,
Henrico, VA 23228, telephone (804) 367-8341, or email
The proposed amendments authorize (i) Department of Game
and Inland Fisheries staff, federal employees involved in wildlife management,
animal control officers, and commercial nuisance animal permit holders to
humanely dispatch wildlife when necessary and (ii) the department director to set
policy regarding the methods of and documentation for the capture, possession,
transport, release, and humane dispatch of wildlife.
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;
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
dispatch wildlife, provided that the methods of and documentation for
the capture, possession, transport, release, and euthanasia humane
dispatch shall be in accordance with board 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
above in this
subsection, 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
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
E. With prior written approval from the director or his
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.
VA.R. Doc. No. R17-5067; Filed March 22, 2017, 12:07 p.m.