WEST virginia legislature

2019 regular session

Introduced

House Bill 2984

By Delegates C. Martin and Harshbarger

[Introduced February 11, 2019; Referred
to the Committee on Agriculture and Natural Resources then the Judiciary.]

A BILL to repeal §20-2-42n, §20-2-42q, and §20-2-42r of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-2-42a, §20-2-42d, §20-2-42j, §20-2-42k, §20-2-42p, §20-2-42s, §20-2-42t, §20-2-42x, and §2O-2-42y of said code, all relating to repealing the Class N resident and Class NN nonresident antlerless deer hunting stamp, the Class RB resident and Class RRB nonresident archery deer hunting stamp for an additional deer, and the Class RM resident and Class RRM nonresident muzzle-loader deer hunting stamp for an additional deer; allowing one whitetail deer of either sex and three antlerless deer with a Class A resident hunting and trapping license, Class E nonresident hunting and trapping license, Class X resident hunting, fishing and trapping license, Class XJ resident junior and Class XXJ nonresident junior hunting, fishing and trapping license, Class XS resident senior hunting, fishing and trapping license, and  Class AH, AHJ, AAH, AAHJ apprentice hunting and trapping licenses; modifying the cost of the licenses; and allowing an additional antlered deer with an antler point restriction of three visible tines on the main beam above the brow tine on one antler to be taken with a Class RG resident and Class RRG nonresident gun deer hunting stamp, and providing certain limitations with regard to such licenses; and decreasing fees for Class UU nonresident archery deer hunting stamp and the Class VV nonresident muzzle-loading deer hunting stamp.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-42a. Class A resident hunting and trapping license.

(a) A Class A license is a resident hunting and trapping license and entitles the licensee to hunt and trap all legal species of wild animals and wild birds in all counties of the state, except, big game as provided in §20-2-42v of this code, and except as prohibited by rules of the director or Natural Resources Commission and when additional licenses, stamps, or permits are required. It shall may be issued only to residents or aliens lawfully residing in the United States who have been domiciled residents of West Virginia for a period of 30 consecutive days or more immediately prior to the date of their application for a license. The fee for the license is $18 $48. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.

(b) For purposes of this section “wild animals” includes one whitetail deer of either sex and three antlerless deer, that may be harvested with any legal weapon during the corresponding season. The director may promulgate rules governing the use of the antlerless deer tags considered necessary to limit, on a fair and equitable basis, the number of persons who may hunt for antlerless deer in a county, or part of a county. When the director determines it essential that an antlerless season be held in a particular county or part of a county, that season shall be set by the Natural Resources Commission as provided in §20-1-17 of this code.

§20-2-42d. Class E nonresident hunting and trapping license.

A Class E license is a nonresident hunting and trapping license and entitles the licensee to hunt and trap all legal species of wild animals and wild birds in all counties of the state except as prohibited by rules of the Director or Natural Resources Commission and except when other licenses, stamps or permits are required. The fee for the license is one hundred ten dollars $250. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.

(2) For purposes of this section “wild animals” includes one whitetail deer of either sex and three antlerless deer, that may be harvested with any legal weapon during the corresponding season. The director may promulgate rules governing the use of the antlerless deer tags considered necessary to limit, on a fair and equitable basis, the number of persons who may hunt for antlerless deer in a county, or part of a county. When the director determines it essential that an antlerless season be held in a particular county or part of a county, that season shall be set by the Natural Resources Commission as provided in §20-1-17 of this code.

§20-2-42j. Class X resident hunting, fishing and trapping license.

(a) A Class X license is a resident hunting, fishing and trapping license and entitles the licensee to hunt and trap for all legal species of wild animals and wild birds, to fish for all legal species of fish except trout and to take frogs in all counties of the state, except as prohibited by the rules of the Director or Natural Resources Commission and when additional licenses, stamps or permits are required. No additional fees shall may be required of Class X licensees for a Class CS stamp. To fish for trout, a Class X licensee must purchase and carry a valid Class O stamp or Class O-L license. The Class X license shall may be issued only to residents or aliens lawfully residing in the United States who have been domiciled residents of West Virginia for a period of 30 consecutive days or more immediately prior to the date of their application for a license. The fee for the license is $33 $63. The portion of the Class X license fee equal to the annual fee for the Class CS stamp shall be designated as conservation stamp revenue and expended pursuant to §20-2B-9 of this code. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.

(b) For purposes of this section “wild animals” includes one whitetail deer of either sex and three antlerless deer, that may be harvested with any legal weapon during the corresponding season. The director may promulgate rules governing the use of the antlerless deer tags considered necessary to limit, on a fair and equitable basis, the number of persons who may hunt for antlerless deer in a county, or part of a county. When the director determines it essential that an antlerless season be held in a particular county or part of a county, that season shall be set by the Natural Resources Commission as provided in §20-1-17 of this code.

§20-2-42k. Class XJ resident junior and Class XXJ nonresident junior hunting, fishing and trapping license.

(a) A Class XJ license is a resident junior hunting, fishing and trapping license and a Class XXJ license is a nonresident junior hunting, fishing and trapping license. These licenses entitle the licensee to hunt and trap for all legal species of wild animals and wild birds, to fish for all legal species of fish except trout and to take frogs in all counties of the state, except as prohibited by the rules of the Director or Natural Resources Commission and when additional licenses, stamps and permits are required. No additional fees are required of Class XJ licensees for a Class CS stamp. No additional fees are required of Class XXJ licensees for Class I, UU, VV or WW stamps. To fish for trout, Class XJ or XXJ licensees must purchase and carry a valid Class O or OO stamp or O-L license. The Class XJ license may be issued only to a resident who has not reached his or her 18th birthday and is otherwise required by §20-2-27 of this code to purchase a license. The Class XXJ license may be issued to a nonresident who has not reached his or her 18th birthday and is at least eight years old and is otherwise required by §20-2-27 of this code to purchase a license. The fee for the Class XJ license is $15 $45. The portion of the Class XJ license fee equal to the annual fee for the Class CS stamp shall be designated as conservation stamp revenue and expended pursuant to §20-2B-9 of this code. The fee for the Class XXJ license is $15 $45. In addition to buying a Class XXJ license, a nonresident must purchase a Class CS/LE stamp as required in §20-2B-10 of this code. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.

(b) For purposes of this section “wild animals” includes one whitetail deer of either sex and three antlerless deer, that may be harvested with any legal weapon during the corresponding season. The director may promulgate rules governing the use of the antlerless deer tags considered necessary to limit, on a fair and equitable basis, the number of persons who may hunt for antlerless deer in a county, or part of a county. When the director determines it essential that an antlerless season be held in a particular county or part of a county, that season shall be set by the Natural Resources Commission as provided in §20-1-17 of this code.

§20-2-42n. Class N resident and Class NN nonresident antlerless deer hunting stamp.

[Repealed]

§20-2-42p. Class RG resident and Class RRG nonresident gun deer hunting stamp for an additional antlered deer with an antler point restriction of three visible tines on the main beam above the brow tine on one antler.

The Director has the authority to shall issue a Class RG resident and a Class RRG nonresident gun any weapon antlered deer hunting stamp. when deemed essential for the proper management of the wildlife resources These stamps allow the licensee to hunt and take an additional antlered deer as designated by the Director with an antler point restriction of three visible tines on the main beam above the brow tine on one antler. The fee for a Class RG stamp is $20 $40 and the fee for a Class RRG stamp is $40 $100. The Director may promulgate rules in accordance with §29A-3-1 et seq. of this code governing the issuance and use of these stamps. These stamps require that the licensee purchase the appropriate base license before participating in the activities specified in this section. except as noted A Class RG and Class RRG stamp shall be purchased prior to the archery season opener and the hunter has harvested and checked in an antlerless deer to be valid. A hunter may only harvest and check in one antlered deer with archery equipment and one antlered deer with modern firearms, to include the modern muzzleloader season that allows in-line and scoped muzzleloaders for a season bag limit of two possible antlered deer. The Class RG and RRG stamp is not valid for the taking of a second antlered buck in counties or parts there of that are designated as one antlered buck bag limit counties except where the licensee has harvested and checked in an antlerless deer on the base of either sex deer tag.

§20-2-42q. Class RB resident and Class RRB nonresident archery deer hunting stamp for an additional deer.

[Repealed]

§20-2-42r. Class RM resident and Class RRM nonresident muzzle-loader deer hunting stamp for an additional deer.

[Repealed]

§20-2-42s. Class UU nonresident archery deer hunting stamp.

A Class UU stamp is a nonresident archery deer hunting stamp and entitles the licensee to hunt and take deer with a bow during the archery deer season or with a crossbow in the crossbow deer season in all counties of the state, except as prohibited by the rules of the director or Natural Resources Commission. The fee for a Class UU stamp is $30 $15. The stamp, issued in a form prescribed by the director, is in addition to a Class E license. This stamp requires that the licensee purchase the appropriate base license before participating in the activities specified in this section.

§20-2-42t. Class VV nonresident muzzle-loading deer hunting stamp.

A Class VV stamp is a nonresident muzzle-loading deer hunting stamp and entitles the licensee to hunt and take deer with a muzzle-loader during muzzle-loading deer seasons in all counties the state, or parts thereof, excluding Logan, McDowell, Mingo and Wyoming counties, as set by the Natural Resources Commission in accordance with §20-1-17 of this code. The Director may promulgate rules in accordance with §29A-3-1 et seq. of this code governing the issuance and use of this stamp. The stamp, issued in a form prescribed by the Director, shall be in addition to a Class E license. The fee for a Class VV stamp is $30 $15. This stamp requires that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.

§20-2-42x. Class XS resident senior hunting, fishing and trapping license.

(a)(1) A Class XS license is a resident senior hunting, fishing and trapping license and entitles the licensee to hunt and trap for all legal species of wild animals and wild birds, to fish for all legal species of fish and to take frogs in all counties of the state, except as prohibited by the rules of the Director or Natural Resources Commission and when additional licenses, stamps or permits are required. No additional fees shall be required of Class XS licensees for a Class CS stamp or a Class O stamp.

(2) For purposes of this section “wild animals” includes one whitetail deer of either sex and three antlerless deer, that may be harvested with any legal weapon during the corresponding season. The director may promulgate rules governing the use of the antlerless deer tags considered necessary to limit, on a fair and equitable basis, the number of persons who may hunt for antlerless deer in a county, or part of a county. When the director determines it essential that an antlerless season be held in a particular county or part of a county, that season shall be set by the Natural Resources Commission as provided in §20-1-17 of this code.

(b) A Class XS licensee shall be is entitled to participate with the same privileges and subject to the same restrictions as a youth hunter in any special youth deer season established by the Natural Resources Commission pursuant to the provisions of §20-1-17(b)(7) of this code.

(c) A Class XS license is required for residents or aliens lawfully residing in the United States who have been domiciled residents of West Virginia for a period of 30 consecutive days or more immediately prior to the date of their application for a license and who reach 65 years of age on or after January 1, 2012.

(d) A Class XS license may be voluntarily purchased by residents or aliens lawfully residing in the United States and who have been domiciled residents of West Virginia for a period of 30 consecutive days or more immediately prior to the date of their application for a license and who reach 65 years of age on or before December 31, 2011, entitling those persons to the same privileges and subjecting them to the same restrictions as any Class XS licensee.

(e) The fee for the Class XS license is $25.

(f) A Class XS license is valid for the lifetime of the purchaser without payment of additional fees for the privileges associated with the Class X license, Class CS stamp and the Class O stamp. This is a base license and does not require the purchase of a prerequisite license to participate in the activities specified in this section, except as noted.

(g) The Division of Natural Resources shall coordinate with the Department of Motor Vehicles to adopt and implement a program whereby the senior hunting license provided for in this section shall be is identified by an appropriate decal, sticker or other marking to be affixed to the drivers' or chauffeurs' license of such the person.

(h) On or before July 1 annually, the Division of Natural Resources shall file an annual report with the Joint Committee on Government and Finance describing its implementation of the senior license program as set forth in this section. The report shall include the number of licenses issued, any increase in state funds as a result of the senior license created by this section, any federal funds received as a result of the implementation of the senior license created by this section and the intended use of those funds.

§20-2-42y. Class AH, AHJ, AAH, AAHJ apprentice hunting and trapping licenses; penalties.

(a) (1) Except for persons otherwise exempted, Class AH, AHJ, AAH, and AAHJ licenses are apprentice hunting and trapping licenses and entitle the licensee to hunt and trap for all legal species of wild animals and wild birds. The licenses shall be base licenses and entitle the licensee to a deferral of the proof of a certificate of training required under the provisions of §20-2-30a of this code.

(2) For purposes of this section “wild animals” includes one whitetail deer of either sex and three antlerless deer, that may be harvested with any legal weapon during the corresponding season. The director may promulgate rules governing the use of the antlerless deer tags considered necessary to limit, on a fair and equitable basis, the number of persons who may hunt for antlerless deer in a county, or part of a county. When the director determines it essential that an antlerless season be held in a particular county or part of a county, that season shall be set by the Natural Resources Commission as provided in §20-1-17 of this code.

(b) The apprentice hunting and trapping licensee shall not hunt or trap unless he or she is in possession of all other required documentation and stamps and is accompanied and directly supervised by an adult 18 years of age or older who either possesses a valid West Virginia hunting license or has the lawful privilege to hunt pursuant to the provisions of this chapter. For purposes of this section, "accompanied and directly supervised" means that a person maintains a close visual and verbal contact with, provides adequate direction to and can assume control of the firearm from the apprentice hunter.

(c) The cost of the Class AH license for residents who have reached their 18th birthday shall be $19 $49 and shall have the same privileges associated with Class A base license. The cost of the Class AAH license for nonresidents who have reached their 18th birthday shall be $119 $250 and shall have the same privileges associated with a Class E base license. The cost of the Class AHJ license shall be $16 $46 for residents who have reached their 15th birthday and who have not reached their 18th birthday, and shall have the same privileges associated with Class XJ base license. The cost of the Class AAHJ license shall be $16 $50 for nonresidents who have not reached their 18th birthday and shall have the same privileges associated with a Class XXJ base license.

(d) An apprentice hunting and trapping license is a yearly license and may only be purchased electronically in a manner designated by the director. No person who has ever had a valid base hunting license, other than a Class AH, Class AHJ, Class AAH, or Class AAHJ license, may be issued one of the apprentice hunting and trapping licenses. Further, no person may purchase more than three apprentice hunting and trapping licenses, and the purchases must occur within a period of five consecutive years.

(e) The director may promulgate rules in accordance with chapter 29A of this code regulating the issuance of apprentice hunting and trapping licenses.

(f) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be is subject to the punishment and penalties prescribed in §20-7-9 of this code.

NOTE: The purpose of this bill is to streamline the licensing process for hunting and fishing licenses; to limit the antlered whitetail bag limit to a possible two animals; to make the tags available on the base license a hunters choice tag and three antlerless tags; to make the Class RG and RRG licenses an additional any weapon antlered whitetail deer tag with Antler Point Restriction of three points on the main beam above the brow tine on one antler; and to create a healthy, sustainable, within carrying capacity multi-age whitetail population while making West Virginia a destination state for whitetail deer hunting.

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