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The snakes are classified as a non-game protected species. Virginia
code allows for the taking of a species found committing or about
to commit depredation upon ornamental or shade trees, agricultural
crops, wildlife, livestock or other property or when concentrated
in numbers and manners as to constitute a health hazard or other
nuisance §29.1-100.
The nuisance classification does not pertain to threatened or
endangered species, animals classified as game or fur-bearing
animals, and those species protected by state or federal law.
All species of snake except the cranebrake are capable of being
classified as a nuisance by Virginia landowners. The cranebrake
rattlesnake is a state endangered species and therefore can not
be taken at any time. As with all wildlife non-lethal control
measures should be exhausted before lethal measures are used.
In Virginia it is illegal to
-
set a trap where it would be likely to injure
persons, dogs, stock or fowl § 29.1-521,
-
not visit all traps once each day and remove
all animals caught § 29.1-521,
- transport, release, or relocate a snake
anywhere other than the property it was caught on 4VAC15-30-50,
and
- poison any animal (including snakes)
other than rats and mice on your property 4VAC15-40-50.
In Virginia it is legal to
- classify a snake (except cranebrake
rattlesnake, is state protected) as a nuisance if it is
committing or about to commit depredation upon ornamental or
shade trees, agricultural crops, wildlife, livestock or other
property or when concentrated in numbers and manners as to constitute
a health hazard or other nuisance therefore allowing for the
taking of the animal. §29.1-100
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