                                 CODE OF VIRGINIA

POWERS AND DUTIES OF COMMISSIONER (§ 3.2-1001)

For the purpose of effectively administering this chapter, the Commissioner may:

1. Establish programs as are deemed necessary for the management of threatened
or endangered species.

2. Accept funds for a special account or other gifts or grants from any source
for use in the furtherance of this chapter. Funds collected for services on
articles determined by the Commissioner to be beyond the scope of this chapter
shall revert to the fund from which expended.

3. Enter into reciprocal agreements with responsible officers of other states
under which any part of this chapter would benefit.

4. Issue a permit authorizing the removal, taking, or destruction of threatened
or endangered species on the state list upon good cause shown and where
necessary to alleviate damage to property, the impact on progressive
development, or protect human health, provided that such action does not violate
federal laws or regulations.

5. Stop sale, seize, or return to point of origin at the owner&#8217;s expense,
any threatened or endangered species or part thereof if the Commissioner
determines the owner has violated any of the provisions of this chapter or the
regulations adopted hereunder. Any threatened or endangered species or part
thereof seized may be disposed of at the discretion of the Commissioner.

6. Seek, in those situations where permission to enter property is denied by the
owner or occupant, an administrative inspection warrant signed by any judge of
any circuit court whose territorial jurisdiction encompasses the property to be
inspected, authorizing the Commissioner to make inspections or develop other
biological data for the proper management of any threatened or endangered
species. The issuance of an administrative inspection warrant pursuant hereto
shall conform, insofar as is practicable, to the requirements and guidelines set
forth in Chapter 24 (&#xA7; 19.2-393 et seq.) of Title 19.2 relating to the
issuance of inspection warrants in connection with the manufacturing or emitting
of a toxic substance.

HISTORY: 1979, c. 372, §§ 3.1-1022, 3.1-1024; 1985, c. 326; 2008, c. 860.