                                 CODE OF VIRGINIA

WHEN BOARD MAY PERMIT TAKING OF ENDANGERED OR THREATENED SPECIES; DESIGNATED
EXPERIMENTAL POPULATIONS (§ 29.1-568)

A. The Board may permit the taking, exportation, transportation, or possession
of any fish or wildlife which is listed by the provisions of this article, for
zoological, educational, or scientific purposes and for propagation of such fish
or wildlife in captivity for preservation purposes. Any person may, in
accordance with all applicable federal and state laws, possess, breed, sell, and
transport any nonnative wildlife included on any list of threatened or
endangered species published by the United States Secretary of the Interior
pursuant to provisions of the federal Endangered Species Act of 1973 (P.L.
93-205), as amended, when (i) the federal designation does not specifically
prohibit such possession, breeding, selling, or transporting and (ii) the
nonnative wildlife is not included on the list of predatory or undesirable
animals specified by regulations of the Board adopted pursuant to &#xA7;
29.1-542.

B. The Board may adopt regulations that:

   1. Allow the taking, possession, exportation, transportation, or release of
   fish or wildlife within or among designated experimental populations of a
   specific species, within the context of an approved conservation plan for the
   species. Any regulation designating an experimental population shall (i)
   specify the circumstances under which taking of an individual member of an
   experimental population will be exempt from the prohibitions and penalties
   authorized under this article and (ii) describe the geographic extent of the
   experimental population, which shall be distinct from naturally occurring
   populations continuing to be subject to the prohibitions and penalties
   authorized under this article.

   2. Allow incidental take provided such regulations shall (i) describe the
   allowable circumstances; (ii) include provisions that ensure offsets through
   the implementation of conservation actions specified by the Department to
   enhance the long-term survival of the species or population; and (iii) require
   any actual taking to be at a minimum.

HISTORY: 1972, c. 329, § 29-236; 1987, c. 488; 2011, c. 47; 2014, c. 481.