Title 12 — Conservation
21 chapters · 371 sections in this title.
12 V.I.C. § 312 Registration, certification and licensing
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(a) The administration and enforcement of Title 25, chapter 15 of the Code, regarding the identification and operation of motor boats, shall be vested in the Commissioner, and all fees and monies received under the provisions of said chapter shall be deposited in the Fish and Gam…
12 V.I.C. § 313 Nonresident fishermen
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Any person not a resident of the territory and desiring to engage in commercial fishing in the territory, must conform to the same laws, rules and regulations by which the resident fishermen of the territory are governed and no person not a resident of the territory may bring his…
12 V.I.C. § 314 Fish and Game Fund
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Moneys received by the territory for fishing licenses, certificates of number, vessel registrations, fines or other penalties relating to fish or fisheries and such sums as may be credited for other reasons for fish or fisheries activities in the territory, including sums receive…
12 V.I.C. § 315 Reports of owners of boats and fishermen
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(a) The owner of every boat, vessel or watercraft and the owner of every pot, trap, net, seine or other fishing gear (hereinafter referred to as devices), used for fishing purposes, and every licensee or person registered under sections 312 and 313 of this chapter shall, annually…
12 V.I.C. § 316 Closed seasons
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(a) The Commissioner shall announce, at least forty-five (45) days in advance, the beginning of each of the closed seasons prescribed in the regulations issued pursuant to this chapter for the protection of one or more species of fish as herein defined. (b) The transportation and…
12 V.I.C. § 317 Fish for scientific, educational and breeding purposes
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The Department, and any other person or organization with the written permission of the Commissioner, may catch or cause to be caught, for scientific or educational purposes or for fish culture, any fish or marine organism at any time, from the jurisdictional waters of the territ…
12 V.I.C. § 318 Protection of marine turtles, nests and eggs; penalties
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(a) It is the intent of the Legislature of the United States Virgin Islands to contribute to the preservation of marine turtles in the Caribbean area, said turtles now being close to extinction. (b) It shall be unlawful for any person to take, kill, possess, mutilate or in any wa…
12 V.I.C. § 319 Lobsters; regulations; penalties
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(a) It is intent of the Legislature of the United States Virgin Islands to place restrictions upon the taking of spiny lobsters for the purpose of insuring and maintaining the highest possible production of such lobsters, for comm ercial purposes, consistent with sensible conserv…
12 V.I.C. § 320 Fishing in freshwater, regulations
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Fishing is hereby prohibited in any public pond, lake, stream or other body of freshwater in the territory by any gear, device or other means except that of angling; provided, that the Commissioner may grant permission, which shall be in writing, for the use of other fishing gear…
12 V.I.C. § 321 Fishing gear, regulations
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(a) Haul seines shall have no meshes smaller than one and one-half (1 ½) inches stretch measure; except that seines specifically used for the catching of bait fish may have smaller meshes; provided, that such bait seines and the use thereof shall otherwise conform to the provisio…
12 V.I.C. § 322 Fishing with explosives, poisons, drugs, chemicals, spears, hooks, or similar devices
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(a) It is prohibited to fish by means of explosives in the territory, or to sell or to possess fish caught by means of any kind of explosives, except that sharks may be taken with an implement popularly known as a “bang stick” and possession of sharks taken by such means shall no…
12 V.I.C. § 323 Contamination of fishing waters
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It is prohibited to throw or cause to be thrown or deposited into any waters of the United States Virgin Islands, oils, acids, poisons or any other substance which destroys or injures fish as defined herein. When any natural or artificial person desires to discharge into any wate…
12 V.I.C. § 323a Interference with commercial fishing
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(a) It shall be unlawful for any person to enter the tidal zone to the lee of the stern of any floating fishing craft at anchor for a distance of one hundred and seventy-five feet by the width of the transom, but not less than 10 feet in width, provided that such craft is not clo…
12 V.I.C. § 324 Sale of local seafood
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No person shall sell, or represent for the purpose of sale, in any form, any seafood as local or native seafood unless the same shall have been originally caught or taken in this territory; nor shall any person so sell, or represent for the purpose of sale, in any form, any crust…
12 V.I.C. § 325 Penalties; rewards for convictions
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(a) Any person who knowingly counsels, aids or assists in a violation of any provision of this chapter or of any rule or regulation promulgated thereunder or knowingly shares in any of the proceeds of said violation by receiving or possessing fish, shall be deemed to have incurre…
12 V.I.C. § 325a Public fish markets
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(a) All public fish markets in the United States Virgin Islands heretofore established under the jurisdiction of the Department of Agriculture are hereby transferred to and continued without interruption within the Department of Conservation and Cultural Affairs. (b) The Commissi…
12 V.I.C. § 326 Separability
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It is hereby declared to be the intent of the Legislature of the Virgin Islands of the United States that if a court of competent jurisdiction finds any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to th…
12 V.I.C. § 401 Declaration of policy
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The sea has long dominated the history of the United States Virgin Islands. It has, until the advent of the air age, been the only route to the outside. The sea has brought to these islands all of the seven flags that have reigned over them. It has also been a constant source of …
12 V.I.C. § 402 Open beaches and shorelines; shorelines defined
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(a) It is hereby declared and affirmed that the public, individually and collectively, has and shall continue to have the right to use and enjoy the shorelines of the United States Virgin Islands as “United States Virgin Islands” is defined in section 2(a) of the Revised Organic …
12 V.I.C. § 403 Obstruction of shorelines prohibited
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No person, firm, corporation, association or other legal entity shall create, erect, maintain, or construct any obstruction, barrier, or restraint of any nature whatsoever upon, across or within the shorelines of the United States Virgin Islands as defined in this section, which …
12 V.I.C. § 521 Declaration of policy
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The Legislature finds that the employment of United States Virgin Islands youth in the beautification of the United States Virgin Islands and the conservation of its irreplaceable natural resources will provide a constructive and instructive experience for such youth in the under…
12 V.I.C. § 522 Student Conservation Corps
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(a) To further assist in carrying out the duties, responsibilities and programs of the Department of Conservation and Cultural Affairs, there is hereby established in such Department a Virgin Islands Student Conservation Corps (hereinafter in this chapter referred to as the “Corp…
12 V.I.C. § 531 Declaration of policy
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The Legislature of the Virgin Islands hereby determines and finds that the lands and waters comprising the watersheds of the United States Virgin Islands are great natural assets and resources; and that improper development of land results in changed watershed conditions such as:…
12 V.I.C. § 532 Environmental protection program
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(a) The Virgin Islands Conservation District shall prepare and adopt an Environmental Protection Program in collaboration with the Virgin Islands Office of Planning, the Departments of Conservation and Cultural Affairs, Agriculture, Public Works, and Health. The provisions of the…
12 V.I.C. § 533 Earth change plans
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(1) Before any real property is cleared, graded, filled or otherwise disturbed for any purpose or use including, but not limited to, the erection of any building or structure, the quarrying of stone or the construction of roads and streets by any:(1) person or other legal entity;…
12 V.I.C. § 534 Earth change permits
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(a) Upon approval of an Earth Change Plan and certification by the applicant that all earth changes shall be in accordance with such Plan, the Department of Planning and Natural Resources shall issue an Earth Change Permit to the applicant. (b) Notwithstanding any law to the cont…
12 V.I.C. § 535 Exemptions
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The provisions of this chapter shall not apply to common household gardening, truck farming and the cultivation of property for agricultural purposes under approved soil and water conservation practices.
12 V.I.C. § 536 Inspections and enforcement
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(a) The Commissioner of Planning and Natural Resources shall enforce the provisions of this chapter. The Commissioner or his authorized representatives may, for the purpose of performing their official duties under this chapter, enter upon and inspect any parcel of property or pr…
12 V.I.C. § 537 Appeals
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Decisions of the Commissioner of Planning and Natural Resources under the provisions of this chapter shall be subject to appeal to the Board of Land Use Appeals, provided such appeal is filed within thirty days of the receipt of any such decision.
12 V.I.C. § 538 Violations
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(a) Any violation of this chapter shall be deemed a misdemeanor, and the person, partnership, or corporation who is found guilty of such violation shall be subject to a fine not exceeding $5,000 or one year's imprisonment for each and every violation. (b) The Attorney General sha…
12 V.I.C. § 539 Compliance with the Virgin Islands Coastal Zone Management Act of 1978
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Notwithstanding any provision in this chapter to the contrary, any person wishing to perform or undertake any development in the first tier of the coastal zone, as defined in Title 12, chapter 21 of this Code, shall obtain a coastal zone permit pursuant to Title 12, chapter 21 of…
12 V.I.C. § 551 Definitions
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(a) “Bona fide prospective purchaser” means a person who acquires ownership after January 1, 2002, or proposes to acquire ownership of, real property after the release of hazardous substances occurred. (b) “Brownsfield” means real property; the expansion, redevelopment, or reuse …
12 V.I.C. § 552 Brownsfield restoration and land renewal policy and programs
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The Department, the Economic Development Authority and other appropriate agencies shall establish policies and programs to implement the public policy of the Territory to eliminate public health and environmental hazards on existing commercial and industrial real property in the …
12 V.I.C. § 553 Voluntary Remediation Program
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(a) Any person who owns real property that has been contaminated with hazardous substances or petroleum products may submit an application for the approval of a voluntary clean-up plan to the Department under this section. A voluntary clean-up plan must include:(1) An environment…
12 V.I.C. § 554 Designation as a Brownsfield Site, recording of designation
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(a) Once the Department has designated a site as Brownsfield, the Department shall issue institutional controls limiting the uses of the site. These controls must be recorded with the Office of the Lieutenant Governor, Recorder of Deeds as a deed notice, and shall run with the la…
12 V.I.C. § 555 Limitations on liability
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(a) The Commissioner may, consistent with programs developed under the federal acts, make a determination to limit the liability of lenders, innocent purchasers or landowners, de minimis contributors or others who have grounds to claim limited responsibility for a containment or …
12 V.I.C. § 556 Limitation on liability at remediated properties under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act
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(a) Any person not otherwise liable under Virgin Islands law or regulations, who acquires any title, security interest, or any other interest in real property located in the Virgin Islands listed on the National Priorities List under the jurisdiction of the Comprehensive Environm…
12 V.I.C. § 557 Access to abandoned Brownsfield sites
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(a) Any department or agency of the Government of the Virgin Islands may apply to the appropriate court for access to an abandoned Brownsfield site in order to investigate contamination, to abate any hazard caused by the improper management of substances within the jurisdiction o…
12 V.I.C. § 601 Short title
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This chapter shall be known and may be cited as the Uniform Conservation Easement Act.
12 V.I.C. § 602 Applicability
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(a) This chapter applies to any interest created after its effective date which complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise. (b) This chapter applies to any interest created be…
12 V.I.C. § 603 Definitions
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(a) As used in this chapter, unless the context otherwise requires:(a) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or ope…
12 V.I.C. § 604 Creation, conveyance, acceptance and duration
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(a) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. (b) No right or duty in favor of or against a holder and…
12 V.I.C. § 605 Judicial actions
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(a) An action affecting a conservation easement may be brought by:(1) an owner of an interest in the real property burdened by the easement;(2) a holder of the easement;(3) a person having a third-party right of enforcement; or(4) a person authorized by other law. (1) an owner of…
12 V.I.C. § 606 Validity
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(a) A conservation easement is valid even though:(a) it is not appurtenant to an interest in real property;(b) it can be or has been assigned to another holder;(c) it is not of a character that has been recognized traditionally at common law;(d) it imposes a negative burden;(e) i…
12 V.I.C. § 607 Uniformity of application and construction
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The Uniform Conservation Easement Act enacted under this chapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the Act among states enacting it.
12 V.I.C. § 651 Short title
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This chapter may be cited as the Virgin Islands Underground Storage Tank Act.
12 V.I.C. § 652 Declaration of purpose
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The ground and surface waters of the United States Virgin Islands are a significant and essential portion of the natural resources of the territory protected by various chapters of this title. The failure of underground systems for the storage and handling of petroleum liquids, r…
12 V.I.C. § 653 Definitions
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(a) As used in this chapter:(a) The term, “abandoned underground storage tank” means an underground storage that:(1) is not intended to be returned to service;(2) has been out of service for more than one year;(3) has been rendered permanently unfit for use; or(4) has not been su…
12 V.I.C. § 654 Powers and duties of the Department
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(a) The Department shall have the following powers and duties:(a) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated or issued thereunder, and to perform any and all acts necessary to carry ou…
12 V.I.C. § 655 Registration of underground storage tanks; renewal; fees
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(a) Any person that owns or operates an UST system or intends to install an underground storage tank shall register each tank with the Department on forms provided by the Department and consistent with the following provisions:(1) Any person that owns or operates an UST system th…