Endangered Species - Protections and Prohibited Actions - U.S. Virgin Islands

(a) No person may take, catch, possess, injure, harass, kill, or attempt to take, catch, possess, injure, harass or kill, or sell or offer for sale, or transport or export, whether or not for sale, any indigenous species, including live rock; except that persons holding valid fishing or hunting licenses, scientific or aquarium collecting permits, or indigenous species retention permits, may operate within the scope and under the terms and conditions expressed in those licenses and permits.

(b) No person may take, catch, or possess, or attempt to take, catch or possess, any specimen of an endangered or threatened species unless such person holds a valid collecting permit from the Federal Government in the case of federally listed species, or a territorial permit in the case of an exclusively territorially listed species.

(c) No person may ship, transport, or export any specimen of an endangered or threatened species, or parts or produce thereof, whether for sale or not, unless such person holds a valid federal permit in the case of a federally listed species, or a valid territorial permit in the case of an exclusively territorially listed species.

(d) It shall be unlawful for any person to import or introduce, or cause the importation or introduction to the United States Virgin Islands of any species of plant or animal which does not naturally occur in the Territory without the express written permission of the Commissioner.

(e) No person may harass, injure or kill, or attempt to do the same, or sell or offer for sale any specimen, or parts or produce of such specimen, of an endangered or threatened species.

(f) No person may prune, cut, remove, or otherwise disturb any growth of mangroves, whether on private land or not, unless a permit for such pruning, cutting or removal has been obtained in advance from the Commissioner, and the person is acting within the scope of that permit.

(g) No person may disturb, damage or remove the nest, or contents of any nest, of any indigenous, endangered species. The nests of all seabirds come within the protection of this subsection.

(h) No person may operate a helicopter or fixed wing aircraft over a seabird rookery on an off lying island or cay at an altitude of less than one thousand (1,000) feet, or approach such island or cay closer than one-half mile, except for regularly scheduled commercial flights which, when in a landing pattern approach to the Cyril E. King Airport, must, for safety reasons, go over Little Saba and Flat Cay, St. Thomas, United States Virgin Islands, at an altitude of less than one thousand (1,000) feet. A concerted flight by seabirds in conjunction with an overflight shall be deemed prima facie evidence of a violation of this subsection.

(i) Nothing in this section shall prevent any duly authorized agent or employee of the Federal or Territorial governments, or person acting under such agent or employee's direct supervision, from performing any and all necessary activities within the scope of that agent's or employee's official duties.

Citation: V.I. Code Ann. tit. 12, § 105.