4 Va. Admin. Code § 15-90-293

Current through Register Vol. 41, No. 6, November 4, 2024

Section 4VAC15-90-293 - Unauthorized cervid parts, excretions, and carcass importation, movement, possession, and use

A. The following words or terms, when used in 4VAC15-40-285, this section, and 4VAC15-90-294, shall have the following meanings unless the context clearly indicates otherwise:

"Cervid" means any member of the deer family Cervidae, including white-tailed deer, fallow deer, sika deer, elk, and reindeer.

"Import" means to transport a carcass or carcass parts, other than those outlined in subsection B of this section, into the Commonwealth in such a manner that the carcass or carcass parts are removed from their place of storage within a vehicle or other conveyance and placed or deposited within the Commonwealth. Deer harvested on properties that span the Commonwealth's boundary with an adjoining state shall not be considered imported.

B. No person shall import or possess any carcass or part of a carcass of any member of the family Cervidae (deer) originating outside of the Commonwealth, except that the following carcass parts may be imported and possessed:

1. Boned-out meat;

2. Quarters or other portions of meat with no part of the spinal column or skull attached;

3. Hides or capes with no skull attached;

4. Clean (no meat or tissue attached) skulls or skull plates with or without antlers attached;

5. Clean (no meat or tissue attached) lower jaw bones;

6. Antlers (with no meat or tissue attached);

7. Upper canine teeth (buglers, whistlers, or ivories); and

8. Finished taxidermy products.

A legible label shall be affixed to packages or containers containing the allowed carcass parts bearing the following information: the species of animal, the state or province from where the animal originated, and the name and address of the person who either killed or possesses the allowed parts in the Commonwealth.

C. Any person who imports into Virginia any deer carcass or parts described in subsection A of this section and is notified that the animal has tested positive for Chronic Wasting Disease must report the test results to the department within 72 hours of receiving the notification. In order to facilitate the proper disposal of any infected material, the department may take into possession any imported carcass or carcass part of an animal if the animal has tested positive for Chronic Wasting Disease.

D. No person shall transport any carcass or part of a carcass of any cervid out of any area designated by the department as a disease management area, except :

1. Carcass parts enumerated in subsection B of this section; or

2. Carcasses and parts transported to other locations or areas within the Commonwealth designated by the department or to specified locations in other states and provinces where it is legal to import such materials, provided that such carcasses or parts are transported without delay and secured within a vehicle or other conveyance during transit.

Provided further that, except for carcass parts enumerated in subsection B of this section, no person shall transport any carcass or part of a carcass of any cervid between administrative units of a disease management area when prohibited by the department. Provisions of this section shall not apply to employees of the department or another government agency, or their designees, working in an official disease investigation or management capacity.

E. No person shall for the purposes of taking or attempting to take, attracting, or scouting any wild animal in Virginia possess or use any substance or material that contains or purports to contain any excretion collected from a cervid, including feces, urine, blood, gland oil, or other bodily fluid.

4 Va. Admin. Code § 15-90-293

Derived from Virginia Register Volume 22, Issue 6, eff. November 1, 2005; amended, Virginia Register Volume 27, Issue 23, eff. July 1, 2011; Volume 29, Issue 25, eff. August 15, 2013; Amended, Virginia Register Volume 30, Issue 24, eff. 8/1/2014; Amended, Virginia Register Volume 31, Issue 25, eff. 8/1/2015; Amended, Virginia Register Volume 35, Issue 22, eff. 8/1/2019; Amended, Virginia Register Volume 37, Issue 22, eff. 7/1/2021.

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.