WEST virginia legislature

2018 regular session

ENROLLED

Committee Substitute

for

House Bill 2693

By Delegates Hamilton, A. Evans, Paynter, Ambler, Butler, R. Romine, Rodighiero, Eldridge and Hornbuckle

[Passed March 5, 2018; in effect ninety days from passage.]

AN ACT to amend and reenact §20-2-3 of the Code of West Virginia, 1931, as amended, relating to state ownership of wildlife.

Be it enacted by the Legislature of West Virginia:

 ARTICLE 2. WILDLIFE RESOURCES.

§20-2-3. State ownership of wildlife.

The ownership of and title to all wildlife in the State of West Virginia is hereby declared to be in the state, as trustee for the people. A person shall not take or hunt wildlife in any manner, or at any time, unless the person taking or hunting the wildlife consents that the title to the wildlife is and remains in the State of West Virginia for the purpose of regulating the taking, hunting, using, and disposing of the wildlife. The taking or hunting of wildlife at any time or in any manner by any person is considered consent: Provided, That, all fish, frogs, and other aquatic life in privately-owned ponds are, and remain, the private property of the owner or owners of the privately-owned ponds, and that the fish, frogs, and other aquatic life in the privately-owned ponds may be caught, taken or killed by the owner or owners at any time.