A. Any person who offers for sale, sells, offers to purchase, or purchases any wild bird or wild animal, or any part thereof, or any freshwater fish, except as provided by law, shall be guilty of a Class 1 misdemeanor. However, when the aggregate of such sales or purchases, or any combination thereof, by any person totals $1,000 or more during any 90-day period, that person shall be guilty of a Class 6 felony.
B. Whether or not criminal charges have been placed, when any property is taken possession of by a conservation police officer for the purpose of being used as evidence of a violation of this section or for confiscation, the conservation police officer making such seizure shall immediately report the seizure to the Attorney for the Commonwealth.
C. In any prosecution for a violation of this section, photographs of the wild bird, wild animal, or any freshwater fish, or any part thereof shall be deemed competent evidence of such wild bird, wild animal, or freshwater fish, or part thereof and shall be admissible in any proceeding, hearing, or trial of the case to the same extent as if such wild bird, wild animal, or any freshwater fish, or part thereof had been introduced as evidence. Such photographs shall bear a written description of the wild bird, wild animal, or freshwater fish, or parts thereof, the name of the place where the alleged offense occurred, the date on which the alleged offense occurred, the name of the accused, the name of the arresting officer or investigating officer, the date of the photograph, and the name of the photographer. The photographs shall be identified by the signature of the photographer.
D. Any licensed Virginia auctioneer or licensed auction firm that sells, as a legitimate item of an auction sale, wildlife mounts that have undergone the taxidermy process, shall be exempt from the provisions of this section and subdivision A 11 of § 29.1-521.
Code 1950, § 29-164; 1962, c. 469; 1986, c. 182; 1987, c. 488; 1989, c. 203; 1994, c. 848; 1997, c. 172; 2005, c. 170; 2007, c. 87; 2018, cc. 764, 765; 2020, cc. 89, 401.
Structure Code of Virginia
Title 29.1 - Wildlife, Inland Fisheries and Boating
Chapter 5 - Wildlife and Fish Laws
§ 29.1-502. Adoption of regulations
§ 29.1-504. Annual publication of laws and regulations
§ 29.1-505. Penalty for violation of regulations
§ 29.1-505.1. Conspiracy; penalty
§ 29.1-506. Prescribing seasons and bag limits for taking fish and game
§ 29.1-507. Closing or shortening open season
§ 29.1-508.1. Use of drugs on vertebrate wildlife
§ 29.1-510. Big game; small game
§ 29.1-511. Open season on nuisance species
§ 29.1-512. Closed season on other species
§ 29.1-513. Daily and season bag limits as promulgated by Board regulations
§ 29.1-514. Nonmigratory game birds
§ 29.1-515. Migratory game birds
§ 29.1-516.1. Using tracking dogs to retrieve bear, deer, or turkey
§ 29.1-516.2. Hunting with dogs; dogs to wear tags
§ 29.1-517. Trapping and shooting of fur-bearing animals during closed season
§ 29.1-518. When killing of beaver permitted
§ 29.1-519. Guns, pistols, revolvers, etc., which may be used; penalty
§ 29.1-521.1. Willfully impeding hunting or trapping; penalty
§ 29.1-521.2. Violation of § 18.2-286 while hunting; revocation of license and privileges
§ 29.1-521.3. Shooting wild birds and wild animals from stationary vehicles by disabled persons
§ 29.1-522. Unlawful to kill male deer unless antlers visible above hair
§ 29.1-523. Killing deer by use of certain lights; acts raising presumption of attempt to kill
§ 29.1-523.1. Hunting deer with sights after dark; forfeiture of weapon and sighting device
§ 29.1-524. Forfeiture of vehicles and weapons used for killing or attempt to kill
§ 29.1-525. Employment of lights under certain circumstances upon places used by deer
§ 29.1-525.1. Deer enclosures prohibited; exceptions; penalty
§ 29.1-525.2. Fox and coyote enclosures prohibited; penalty
§ 29.1-526. Counties and cities may prohibit hunting or trapping near primary and secondary highways
§ 29.1-527.1. Localities may prohibit feeding of migratory and nonmigratory waterfowl
§ 29.1-527.2. Localities may prohibit feeding of deer
§ 29.1-528.2. Local tree stand ordinance; disabled hunter exempt
§ 29.1-530. Open and closed season for trapping, bag limits, etc.
§ 29.1-530.1. Solid blaze orange or solid blaze pink clothing required at certain times
§ 29.1-530.2. Unlawfully killing bear; penalty
§ 29.1-530.3. Remote hunting prohibited; penalty
§ 29.1-530.4. Duty of certain entities to report hunting incidents
§ 29.1-530.5. Wildlife Violator Compact
§ 29.1-531. Unlawful to take or attempt to take, possess, sell or transport fish except as permitted
§ 29.1-533. Prohibition against use of substances injurious to fish
§ 29.1-534. Right to fish in interjurisdictional inland waters
§ 29.1-535. Reciprocal agreement as to fishing in such waters
§ 29.1-539. Keeping deer or bear struck by motor vehicle; procedure to be followed by driver
§ 29.1-540. Carriage and shipment
§ 29.1-543. Game and fish taken and packaged outside the Commonwealth
§ 29.1-543.1. Introduction, stocking, and release of blue catfish; penalty
§ 29.1-544. Dressing, packing and selling bobwhite quail
§ 29.1-545. Possession, sale, offering for sale or liberation of live nutria
§ 29.1-547. Trapping, selling, purchasing, etc., migratory game birds
§ 29.1-548. Killing deer illegally
§ 29.1-549. Hunting deer from watercraft
§ 29.1-550. Taking game or fish during closed season or exceeding bag limit
§ 29.1-551. Assessment of value of game or fish unlawfully taken
§ 29.1-552. Killing wild turkey during closed season
§ 29.1-553. Selling or offering for sale; penalty
§ 29.1-553.1. Penalty for wanton waste
§ 29.1-554. Violation of sanctuaries, refuges, preserves and water used for propagation
§ 29.1-554.1. Impeding lawful fishing in inland waters; penalty
§ 29.1-556. Unlawful devices to be destroyed
§ 29.1-556.1. Release of certain balloons prohibited; civil penalty; community service
§ 29.1-557. Confiscation of wild birds and animals under certain circumstances; disposition
§ 29.1-561. Self-incrimination
§ 29.1-564. Taking, transportation, sale, etc., of endangered species prohibited
§ 29.1-569. Keeping of reptiles generally; penalty
§ 29.1-570. Cooperation of state agencies
§ 29.1-572. Authority of Board; regulations
§ 29.1-573. Department; powers
§ 29.1-576. Authority for inspection; warrants