Senate Bill No. 441
(By Senators Helmick, Ross, Sharpe, Hunter, Fanning, Plymale,
Sprouse, Anderson, Bailey, Kessler, Dittmar, Scott, Ball, Minear,
Jackson, Craigo and Schoonover)
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[Introduced February 9, 1998; referred to the Committee
on Natural Resources; and then to the Committee on Finance.]
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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 wildlife damage;
expanding the protection for landowners who suffer from
wildlife damage to include owners of Christmas tree farms
and grasslands; allowing permits to be issued authorizing
the killing of wildlife causing damage; requiring
legislative rules for the training of wildlife damage
agents; authorizing waiver of firearm and bow and arrow
restrictions; and requiring deer population study and
control.
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 wildlife causing damage to cultivated
crops, trees, commercial nurseries, homeowners'
shrubbery and vegetable gardens; weapon
restrictions; deer population study and control.
(a) Whenever it shall be is found that deer or other
wildlife are is causing damage to cultivated crops, Christmas
trees, grasslands, fruit trees, commercial nurseries, homeowners'
trees, shrubbery or vegetable gardens, the owner or lessee of the
lands on which such the
damage is done may report such the
finding to the director or to the conservation officer or
biologist of the county in which such the
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 If confirmed, the director
shall issue to the owner or lessee all permits that are necessary
to authorize the killing of wildlife so that damage may be
minimized.
(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. On or before the first day of July, one
thousand nine hundred ninety-eight, the director shall propose rules for legislative approval in accordance with the provisions
of article three, chapter twenty-nine-a of this code, for the
training of wildlife damage agents to investigate reported damage
and to issue permits to minimize damage caused by wildlife.
(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. The conservation officer, biologist or other person
authorized to issue permits may waive minimum caliber and other
firearm restrictions, and minimum bow poundage and other bow and
arrow restrictions if necessary to minimize damage caused by
wildlife.
(d) After the first day of July, one thousand nine hundred
ninety-eight, the college of agriculture and forestry of West
Virginia University shall conduct a survey of the deer population
in the state utilizing usual and customary wildlife survey
methods. The college shall submit to the director the results of
the survey. The director shall take whatever action necessary to
maintain the deer population in each county at not more than
thirty deer per square mile in the county.
NOTE: The purpose of this bill is to include owners of
Christmas tree farms and grassland in the list of landowners that
may be given special permits to kill wildlife that is causing crop damage. It also requires the College of Agriculture and
Forestry of West Virginia University to conduct a survey of the
deer population in the state. The Director of the Division of
Natural Resources is required to take action to control the deer
population.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.