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2005 SESSION

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051610212
HOUSE BILL NO. 2029 Offered January 12, 2005 Prefiled January 11, 2005 A BILL to amend and reenact § 29.1-574 of the Code of Virginia, relating to nonindigenous aquatic nuisance species; penalty. ----------
Patrons-- Amundson, Ebbin, Rust, Scott, J.M., Shannon, Sickles and Watts; Senators: Ticer and Whipple
---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 29.1-574 of the Code of Virginia is amended and reenacted as follows:

§ 29.1-574. Prohibitions; penalty.

No A. Any person shall who knowingly import, possess, transport, sell, purchase, give, receive, or introduce imports, possesses, transports, sells, purchases, gives, receives, or introduces into the Commonwealth any member of a species designated as a nonindigenous aquatic nuisance species without a permit from the Director issued pursuant to § 29.1-575 is guilty of a Class 6 felony. In addition, such person may be subject to the penalties under § 29.1-577.

B. Subsection A shall not apply to any person who (i) lawfully catches a snakehead fish of the family Channidae, (ii) subsequently kills such fish, and (iii) notifies the Department, as soon as practicable, of his actions.

2.  That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and $0 for periods of commitment to the custody of the Department of Juvenile Justice.