29.1-567 - Penalties; authority of conservation police officers and police officers; disposition of property seized. - Virginia Statutes

§ 29.1-567. Penalties; authority of conservation police officers and policeofficers; disposition of property seized.

A. Any person who violates the provisions of § 29.1-564 or § 29.1-566, or anyregulations issued pursuant to these sections, or whoever violates anyregulation or permit issued under § 29.1-568 shall be guilty of a Class 1misdemeanor; however, the sale, offering for sale, purchasing or offering topurchase within the Commonwealth of any fish or wildlife appearing on a listof threatened or endangered species as prohibited by § 29.1-564 shall bepunishable as provided in § 29.1-553.

B. Any judicial officer or other officer authorized to issue criminalwarrants shall have authority to issue a warrant for the search and seizureof any goods, business records, merchandise or fish or wildlife taken,employed or used in connection with a violation of any provision of thisarticle. All such search warrants shall be issued and executed pursuant toChapter 5 (§ 19.2-52 et seq.) of Title 19.2.

C. Goods, merchandise, fish or wildlife or records seized under theprovisions of subsection B of this section shall be held by an officer oragent of the Department at the direction of the judge or court pendingdisposition of court proceedings, and thereafter be forfeited to theCommonwealth for destruction or disposition as the Director may deemappropriate. However, prior to forfeiture, the Director may direct thetransfer of fish or wildlife so seized to a qualified zoological,educational, or scientific institution for safekeeping, with costs assessableto the defendant. The Board is authorized to issue regulations to implementthis section.

(1972, c. 329, § 29-235; 1987, c. 488; 1990, c. 123; 1994, c. 848.)