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Introduced Version House Bill 2703 History

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Key: Green = existing Code. Red = new code to be enacted
Bill-DNR 58CSR46
H. B. 2703

(By Delegates Mahan, Wills, Cann, Kominar,

Faircloth and Riggs)


[Introduced March 2, 2001; referred to the

Committee on Agriculture and Natural Resources then the

Judiciary.]


A BILL to amend and reenact section three, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of natural resources to promulgate a legislative rule relating to defining the terms to be used concerning all hunting and trapping rules.

Be it enacted by the Legislature of West Virginia:
That section three, article ten, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-3. Division of natural resources.
(a) The legislative rule filed in the state register on the fifth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of September, one thousand nine hundred ninety-nine, relating to the division of natural resources (revocation of hunting and fishing licenses, 58 CSR 23), is authorized.
(b) The legislative rule filed in the state register on the fifth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section twenty-three, article seven, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of September, one thousand nine hundred ninety-nine, relating to the division of natural resources (boating, 58 CSR 25), is authorized.
(c) The legislative rule filed in the state register on the eighth day of September, one thousand nine hundred ninety-eight, authorized under the authority of section twenty-three, article seven, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourth day of May, one thousand nine hundred ninety-nine, relating to the division of natural resources (special motorboating, 58 CSR 27), is authorized with the following amendments:
"On page two, subdivision 3.1.1 after the word "Engineers;" by striking out the word "and";
And,
On page two, subdivision 3.1.2 at the end of the subdivision by changing the period to a semicolon and adding the word "and" and a new subdivision, designated 3.1.3, to read as follows:
3.1.3. Beginning at the mouth of Fishing Creek at its confluence with the Ohio River and extending upstream approximately six-tenths (0.6) of a mile to the Route 2 Bridge. This area is situated entirely within the boundaries of the City of New Martinsville, West Virginia. The city of New Martinsville, West Virginia, is responsible for purchasing, placing and maintaining the No Wake Zone buoys and informational signs. Signs shall meet the approval of the director. Any buoys or other structures placed in the water shall conform to the U.S. Coast Guard Standards for Inland Rivers and, if they would interfere with commercial river traffic, be approved by the U.S. Army Corps of Engineers."
(d) The legislative rule filed in the state register on the thirtieth day of July, one thousand nine hundred ninety-nine, authorized under the authority of section two, article five, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of August, one thousand nine hundred ninety-nine, relating to the division of natural resources (public use of West Virginia state parks, state forests, wildlife management areas under the division of natural resources, 58 CSR 31), is authorized, with the following amendment:
"On page three, section two, subsection 2.21, following the comma after the words 'Berkeley Springs,' by inserting the words 'Brush Creek Falls day-use area managed by Pipestem State Park,' followed by a comma."
(e) The legislative rule filed in the state register on the eighth day of September, one thousand nine hundred ninety-eight, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourth day of May, one thousand nine hundred ninety-nine, relating to the division of natural resources (prohibitions when hunting and trapping, 58 CSR 47), is authorized.
(f) The legislative rule filed in the state register on the fifteenth day of January, one thousand nine hundred ninety-nine, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the division of natural resources (special bear hunting, 58 CSR 48), is authorized.
(g) The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, authorized by section five-a, article eleven, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of December, one thousand nine hundred ninety-nine, relating to the division of natural resources (recycling assistance grant program, 58 CSR 5) is authorized, with the following amendment:
"On page four, subsection 4.1., in the first sentence after the word "through" by striking out the words "consultation with" and inserting in lieu thereof the words "notification of";
On page four, subsection 4.1., in the second sentence after the word "partnerships" by adding the word "corporations";
On page four, subsection 4.1., in the third sentence after the words "for the" by adding the words "applicant to receive priority for a grant";
And,
On page fourteen, subsection 9.1., in the first sentence after the word "industry" by adding the words "solid waste industry".
(h) The legislative rule filed in the state register on the twentieth day of July, one thousand nine hundred ninety-nine, authorized by section seven, article one, chapter twenty of this code, relating to the division of natural resources (general trapping regulations, 58 CSR 53), is authorized.
(i) The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine, authorized under the authority of section twenty-five, article seven, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of December, one thousand nine hundred ninety-nine, relating to the division of natural resources (litter control grant program, 58 CSR 6), is authorized.
(j) The legislative rule filed in the state register on the twentieth day of July, one thousand nine hundred ninety-nine, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirtieth day of August, one thousand nine hundred ninety-nine, relating to the division of natural resources (special fishing, 58 CSR 61), is authorized.
(k) The legislative rule filed in the state register on the fourteenth day of June, one thousand nine hundred ninety-nine, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the twentieth day of July, one thousand nine hundred ninety-nine, relating to the division of natural resources (lifetime hunting, trapping and fishing licenses, 58 CSR 67), is authorized.
(l) The legislative rule filed in the state register on the twentieth day of July, one thousand nine hundred ninety-nine, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirtieth day of August, one thousand nine hundred ninety-nine, relating to the division of natural resources (issuance of hunting, trapping and fishing licenses by telephone and other electronic methods, 58 CSR 68), is authorized.
(m) The legislative rule filed in the state register on the first day of September, two thousand, authorized under the authority of section seven, article one, chapter twenty, of this code, modified by the division of natural resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fifth day of October, two thousand, relating to the division of natural resources (defining the terms to be used concerning all hunting and trapping rules, 58 CSR 46), is authorized.

NOTE: The purpose of this bill is to authorize the Division of Natural Resources to promulgate a legislative rule relating to Defining the Terms to Be Used Concerning All Hunting and Trapping Rules.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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