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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
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Cane toad
African clawed toad
African dwarf frog
Barred salamander
Gray tiger salamander
Blotched tiger salamander
Reptiles
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Alligators
Caimans
Brown tree snake
Crocodiles
Gavials
Birds
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Monk Parakeet (permit not required for banded, captive-bred monk parakeets)
Mute Swan
Mammals
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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
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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:
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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:
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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:
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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.