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Virginia Department of Game and Inland Fisheries Rules and Regulations: What Vets Need to Know Presenter: Megan Kirchgessner, DVM, PhD VDGIF Wildlife Veterinarian The mandate of the Virginia Department of Game and Inland Fisheries (VDGIF) is to manage Virginia’s native wildlife and fish populations to ensure continuing opportunities for the citizens of the Commonwealth to safely view and enjoy this natural resource. The VDGIF mission statement is four-fold and consists of the following tenets: 1.) Manage Virginia’s wildlife and fish to maintain optimal populations to serve the needs of the Commonwealth; 2.) Provide opportunities to enjoy wildlife; 3.) Promote safety in connection with boating, hunting, and fishing; and 4.) Provide educational outreach that fosters awareness of and appreciation for Virginia’s fish and wildlife resources. Veterinarians are most likely to interact with two particular divisions within VDGIF. The Bureau of Wildlife Resources is comprised of district wildlife biologists, statewide project leaders (i.e., bear, deer, furbearer, etc.), aquatic biologists, fish hatchery staff, permitting staff, and a wildlife veterinarian. VDGIF’s Law Enforcement Division (LE) is comprised of approximately 200 Conservation Police Officers of varying rank. These are the individuals that investigate claims of illegal or suspicious activity and are the only VDGIF staff able to issue citations. LE frequently works with Bureau of Wildlife Resources staff to investigate claims of illegal activity. Veterinarians most commonly interact with permitting staff, LE officers, district biologists, project leaders, and the wildlife veterinarian. Possession of Wildlife in Captivity LOCAL ORDINANCES AND REGULATIONS Many localities in Virginia have rules or regulations regarding the possession of wild and exotic animals. These vary widely across the state, therefore it is recommended that veterinarians interested in treating native wildlife and/or exotic animals familiarize themselves with local ordinances regarding the possession such species. NON-NATIVE (EXOTIC) ANIMALS 4 VAC 15-30-40 “Importation requirements, possession and sale of non-native (exotic) animals” states that no one may import, sell, or possess any animal included on the “No List” without a special authorization or permit from VDGIF. Species included on the “No List” are considered predatory or undesirable and introduction into Virginia could be detrimental to native fish and wildlife resources of the Commonwealth. A special permit issued by VDGIF is required in order to legally possess species included on the “No List”. Species included on the “No List” include, but are not limited to, the following: Amphibians Cane toad African clawed toad African dwarf frog Barred salamander Gray tiger salamander Blotched tiger salamander Reptiles Alligators Caimans Brown tree snake Crocodiles Gavials Birds Monk Parakeet (permit not required for banded, captive-bred monk parakeets) Mute Swan Mammals Feral hogs White-tailed deer Wild dogs, wolves, coyotes, coyote hybrids, foxes, jackals Bears Raccoons and relatives Weasels, badgers, skunks, otters Civets, genets, lingangs, fossas Mongooses Hyenas and aardwolves Non-domestic cats All species of bats European hare European rabbit All rodent species native to Africa Prairie dogs “NO LIST” EXCEPTIONS Although nutria are not included in the “No List”, it is illegal to possess, sell, or liberate nutria anywhere in the Commonwealth (§29.1-545 “Possession, sale, offering for sale or liberation of live nutria”). For all mammalian species on the “No List” except deer, African rodents, and prairie dogs: Dealers, exhibitors, transporters, and researchers with a USDA Animal Welfare Act License may legally possess “No List” species without a permit from VDGIF. USDA-permitted individuals must notify VDGIF 24 hours prior to importation with list of animals to be imported and locations where animals will be housed. NON-RELEASABLE NATIVE BIRDS AND MAMMALS The following permits must be obtained in order to legally possess non-releasable native birds and mammals: Migratory birds: Special Purpose Possession Permit from US Fish and Wildlife Service Non-migratory birds: VDGIF Exhibitor’s Permit Mammals not included in the “No List”: VDGIF Exhibitor’s Permit and USDA Animal Welfare Act License Mammals included in the “No List”: USDA Animal Welfare Act License required, VDGIF Exhibitor’s Permit recommended but not required Non-releasable native wildlife may be possessed for educational purposes only, and nonreleasable wildlife listed on an Exhibitor’s Permit must be accompanied by the reason why the animal is non-releasable. Exhibits for non-releasable wildlife must be educational and involve the public, wildlife may not be used as an attraction or amusement, and permanent exhibits must be open to the public. Private menageries are not considered educational exhibits. Wildlife with visible deformities shall be exhibited. The most current VDGIF Wildlife Exhibitor’s permit may be found at http://www.dgif.virginia.gov/forms/PERM/PERM-026.pdf. NATIVE REPTILES AND AMPHIBIANS There are no permitting requirements for individuals that capture from the wild up to five individuals of any single species of amphibian or reptile native or naturalized to Virginia (4 VAC 15-360-10 “Taking aquatic invertebrates, amphibians, reptiles, and nongame fish for private use”). These animals must be possessed for private use and shall not be sold. Native amphibians and reptiles that are captured within the Commonwealth and possessed live may be released back into the wild under the following conditions: Period of captivity does not exceed 30 days; Release occurs at the site of capture; Animals have been housed separately from other wild-caught and domestic animals; and Animals that display clinical signs of disease or that have been injured during captivity are not released. EXOTIC OR NON-NATIVE REPTILES NOT INCLUDED IN THE “NO LIST” §29.1-569 “Keeping of Reptiles” states that individuals possessing exotic reptiles excluded from the “No List” are prohibited from allowing the reptile to run at large or from housing the reptile in a manner that may lead to its eventual escape. VETERINARY INVOLVEMENT WITH CAPTIVE WILDLIFE “Possession” is defined as exercise of control of any wild animal, wild bird, fish, or furbearing animal. If a veterinarian is considered to be in possession of an unpermitted animal during an exam or treatment, then the vet could be charged for unlawful possession of an exotic animal. The most prudent stance for veterinarians to take, and the stance that is most likely to result in exotic animal owners obtaining the proper permits for holding such animals, is to only treat properly permitted exotic animals and wildlife. Wildlife Rehabilitation Persons caring for sick, injured, orphaned, or displaced wildlife must have a Wildlife Rehabilitation permit from VDGIF. Rehabilitators that work with migratory birds must have a Special Purpose Possession Permit from US Fish and Wildlife Service, in addition to a VDGIF Wildlife Rehabilitator’s Permit. Currently, there are approximately 300 permitted wildlife rehabilitators in Virginia. There are four categories of rehabilitators in Virginia, which varying according to experience and education. Species that are prohibited from rehabilitation include black bears, elk, nutria, mute swans, feral swine, and adult white-tailed deer (fawns become adults on December 31 of the year of birth). VETERINARY-RELATED PERMIT CONDITIONS FOR REHABILITATORS While Category II and III rehabilitators are permitted to administer Controlled Substances prescribed to a specific animal if appropriately trained by the prescribing veterinarian, Category I (apprentice) and Category VI (care providers) rehabilitators are not permitted to administer Controlled Substances unless under the direct supervision of a veterinarian or a Category II or III rehabilitator. Rehabilitators are required to keep individual records for admitted wildlife. Information that should be included in each record include, at minimum, admission date, location of collection, reason for admission, final disposition, method of euthanasia, date of disposition, location of release. Additional information should be recorded for patients requiring treatments or medications. Wildlife must be kept separate from domestic animals to minimize stress and risk of interspecies disease transmission. Euthanasia methods used for wildlife must be approved by the American Veterinary Medical Association, the American Association of Zoo Veterinarians, or the National Wildlife Rehabilitator’s Association. VETERINARIAN OF RECORD While wildlife rehabilitators must include the signature a licensed “Veterinarian of Record” on their application each year, it is up to the veterinarian to determine how involved they would like to be in the activities of the rehabilitator. Additionally, rehabilitators may work with other veterinarians besides the Veterinarian of Record for assessment, treatment, prescriptions, euthanasia, etc.. It is recommended that a Veterinarian of Record or any other veterinarian working with a permitted rehabilitator review the wildlife rehabilitation permit conditions each year to ensure that the permittee is abiding by the stated permit conditions. The most up-to-date VDGIF Wildlife Rehabilitation permit conditions may be found at http://www.dgif.virginia.gov/forms/wildlife-rehabilitator-conditions.pdf. PERMIT CONDITIONS RELATED TO VETERINARIANS Licensed veterinarians may provide medical care to sick, injured, or debilitated wildlife without a rehabilitator’s permit. Licensed veterinarians may hold wildlife until determined to be medically stable, but veterinarians must transfer wildlife patients to a permitted rehabilitator once stabilization is achieved (i.e., post-surgery, pain levels do not require administration of DEA Controlled Substances, supplemental oxygen is no longer needed, etc.). Veterinarians need to possess a rehabilitator’s permit if wildlife will be held post-stabilization or until they are healthy enough for release. A veterinarian does not need to be the Veterinarian of Record on a rehabilitator’s application in order to provide treatment to wildlife. Veterinarians may prescribe, label, and dispense a drug for treatment of a specific wildlife patient, but no provision exists that allows veterinarians to provide rehabilitators with a general stock of Controlled Substances. In addition, a Virginia Board of Pharmacy Schedule VI registration is necessary for a rehabilitator to possess drugs not prescribed by a veterinarian to an individual animal. The Virginia Board of Veterinary Medicine has developed a “Guidance Document: Vets and Wildlife Rehabilitation – Prescription Drugs” that can be found at https://www.dhp.virginia.gov/vet/vet_guidelines.htm. HIGH-RISK RABIES VECTOR SPECIES High-risk rabies vector species (HRVS), for the purposes of wildlife rehabilitation in Virginia, include raccoons, skunks, foxes, bats, and groundhogs. Only permitted individuals who have either been administered the rabies pre-exposure vaccine series within the last two years or has paperwork proving an adequate titer checked within the last two years are permitted to handle HRVS. Any bite to a human or domestic animal from any wild mammal must be reported to the local health department. The health department will make the decision regarding whether or not the wildlife patient will need to be euthanized and tested for rabies or whether the bitten human or domestic animal will need to receive post-exposure treatment for potential exposure to rabies. Due to the ongoing oral rabies vaccine program in southwest Virginia, which consists of the widespread application of oral rabies baits to the landscape and yearly serological surveillance in target species, the rehabilitation of raccoons, skunks, foxes, and groundhogs is prohibited in the following counties: Buchanan, Dickenson, Lee, Russell, Scott, Tazewell, Washington, and Wise. NON-RELEASABLE NATIVE BIRDS AND MAMMALS Non-releasable birds and mammals may be possessed for educational purposes only. In order to add a non-releasable bird or mammal patient to a VDGIF Exhibitor’s Permit, a letter explaining why the animal is not releasable and attesting to an acceptable quality of life must be signed by a qualified, licensed veterinarian. A VDGIF Wildlife Rehabilitator’s permit does not qualify an individual to possess non-releasable birds or mammals for an indefinite period of time. Carcass Disposal Authority over acceptable carcass disposal methods resides with the Virginia Department of Agriculture and Consumer Services. However, the Virginia Department of Health is deferred to in 2VAC 5-110-9 “Disposal in 24 hours” as the ultimate authority over acceptable disposal methods. “Unrefrigerated dead animals shall be disposed of within 24 hours by burial, incineration, or other methods acceptable to the Department of Health”. While carcass incineration is generally accepted to be the preferred method of disposal, there is no prohibition in Virginia against carcass disposal in a sanitary landfill, even for carcasses euthanized by chemical means. Secondary pentobarbital toxicity is not uncommon and has been documented in eagles, hawks, corvids, foxes, bears, coyotes, bobcats, and domestic dogs. Eagles are particularly susceptible, likely because they are usually immediately aware of available fresh carcasses, tend to aggressively fend off other scavengers, have a dietary preference for viscera, and have a narrow tolerance for barbiturates (along with all other species of raptors). Theoretically, sanitary landfills receiving carcasses from veterinary practices and pounds or shelters should have protocols in place that result in carcasses being covered with trash immediately post-drop off, but this often does not occur. Although a veterinary establishment would not be implicated in the loss of wildlife due to improper handling of the carcasses by either the landfill or the carcass transporter, incineration is the encouraged method of carcass disposal in order to minimize the chance of secondary pentobarbital toxicity of wildlife scavengers. If disposal in a sanitary landfill is the only option available, veterinarians are encouraged to use two heavyduty garbage bags to contain each carcass. Additionally, veterinary establishments are encouraged to check for any local rules or ordinances prohibiting disposal of carcasses in local landfills and also to contact their carcass transport company to ensure they are following protocols developed by the landfill regarding carcass disposal.