H. B. 2266
(By Delegates Nicol, Evans and Love)
[Introduced February 24, 1993; referred to the
Committee on Agriculture and Natural Resources.]
A BILL to amend and reenact section fifteen, article two, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to permitting the
killing of deer or other wildlife causing damage to
cultivated crops, trees, commercial nurseries, homeowners'
shrubbery and vegetable gardens; weapon restrictions.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-15. Permit to kill deer or other wildlife causing damage
to cultivated crops, trees, commercial nurseries,
homeowners' shrubbery and vegetable gardens; weapon
restrictions.
(a) Whenever it shall be found that deer or other wildlife
are causing damage to cultivated crops, fruit trees, or
commercial nurseries, homeowners' trees, shrubbery or vegetablegardens, the owner or lessee of the lands on which such damage is
done may report such finding to the conservation officer or
biologist of the county in which such lands are located or to the
director. The director shall then investigate the reported
damage and if found substantial, shall issue a permit to the
owner or lessee to kill one or more deer or other wildlife in the
manner prescribed by the director.
(b) In addition to the foregoing, the director shall
establish procedures for the issuance of permits or other
authorization necessary to control deer or other wildlife causing
property damage.
(c) All persons attempting to kill deer or other wildlife
pursuant to this section are subject to the same minimum caliber
restrictions and other firearm restrictions and the same minimum
bow poundage and other bow and arrow restrictions that apply when
hunting the same animal species during the regular hunting
seasons.
NOTE: The purpose of this bill is to add homeowners' trees,
shrubbery and vegetable gardens to the list of areas damaged by
deer or other wildlife, which may be reported, investigated and
killed if need be.