Virginia Code 29.1-540: Carriage and shipment.
A. When taken in accordance with the provisions of this title, wild birds, wild animals, or fish may be transported as follows:
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 12 months | up to $2,500 |
Terms Used In Virginia Code 29.1-540
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
1. By any person properly licensed, for lawful use in or out of the county or city where taken to another county or city in the Commonwealth or to another state during the open season in the county or city where taken.
2. By any properly licensed person via freight, express, parcel post, or airplane mail, as a gift and not for market or sale, and so stating on the shipping tag. The wild bird, wild animal, or fish may be transported in or out of the county or city where taken to another county or city in the Commonwealth, or to another state, during the open season in the county or city where taken. Any package in which birds, animals, or fish are transported shall have the name and address of the shipper and consignee and a statement of the numbers and kinds of birds, animals, or fish being transported clearly and conspicuously marked on the outside of the container.
B. It is unlawful to transport for sale outside of the Commonwealth at any time or in any manner any river herring, alewife, threadfin shad, or gizzard shad collected from the inland waters for use as bait fish. A violation of the provisions of this subsection is a Class 1 misdemeanor.
C. Any such birds, animals, or fish in transit during the open season may continue in transit, not to exceed five days, in order to reach their destination.
D. For the purposes of this section, the terms “wild birds,” “wild animals,” and “fish” shall mean all or any part of the carcasses of any such birds, animals, or fish.
Code 1950, § 29-156; 1987, c. 488; 2020, c. 808.