Section 220. Disease prevention, control and eradication in wildlife

A. Whenever a disease threatens wildlife in the Commonwealth, the director is authorized to undertake measures to prevent, control or eradicate the spread of such disease including, but not limited to, the delineation of wildlife disease management, surveillance, and quarantine areas, the reduction of selected wildlife populations, the restriction in the movement of wildlife or parts thereof, the prohibition of feeding of wildlife or use of animal-based products such as attractants, the prohibition of rehabilitation and release of selected wildlife species and the manipulation or modification of environmental conditions. Further, the director is authorized to require mandatory checking and disease testing of selected wildlife species and to modify or establish hunting and trapping seasons and bag limits, as necessary, to prevent, control or eradicate the spread of disease in wildlife.

B. Whenever a disease in wildlife or the planned disease response has implications for human, domestic or agricultural animal health in the Commonwealth, the director, in consultation with the state and/or public health veterinarian as appropriate, is authorized to undertake measures as described in subsection A to prevent, control or eradicate the spread of such disease in wildlife.

C. Whenever a disease is confirmed in wildlife held in captivity that threatens wildlife, human, domestic or agricultural animal health, the director, in consultation with the state and/or public health veterinarian as appropriate, is authorized to quarantine or dispose of such animals, including measures such as population reduction, depopulation and exportation, modification and decontamination of the captive facility as necessary, and revocation of permits or modification of permit conditions, as to prevent further disease transmission. The department may indemnify the owner or owners, at fair-market value, for privately owned wildlife removed. The department may seek reimbursement of costs for depopulation, modification to, or decontamination of the facility from the landowner and/or owner or owners of the facility.

D. It shall be unlawful for any person to willfully impede the department or its designee in its execution of the aforementioned measures to prevent, control, or eradicate disease in wildlife.

Historical Notes

Derived from Volume 23, Issue 09, eff. December 15, 2006.

Statutory Authority

§§ 29.1-103, 29.1-103.1, 29.1-501 and 29.1-502 of the Code of Virginia.