H. B. 3048
(By Mr. Speaker, Mr. Kiss, and Delegates
Michael, Beach and Tabb)
[Introduced
March 15, 2005
; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to repeal §20-2-39, §20-2-40, §20-2-40b, §20-2-41, §20-2-43,
§20-2-44a, §20-2-45, §20-2-46b, §20-2-46c, §20-2-46d,
§20-2-46f, §20-2-46g, §20-2-46i, §20-2-46j, §20-2-46k,
§20-2-46l, §20-2-46m and §20-2-63 of the Code of West
Virginia, 1931, as amended; to amend and reenact §20-2-30a,
§20-2-33, §20-2-44 and §20-2-44b of said code; to amend said
code by adding thereto twenty-three new sections, designated
§20-2-
42, §20-2-
42
a, §20-2-
42
b, §20-2-
42
c, §20-2-
42
d,
§20-2-
42
e, §20-2-
42
f, §20-2-
42
g, §20-2-
42
h, §20-2-
42
i,
§20-2-
42
j, §20-2-
42
k, §20-2-
42
l, §20-2-
42
m, §20-2-
42
n,
§20-2-
42
o, §20-2-
42
p, §20-2-
42
q, §20-2-
42
r, §20-2-
42
s,
§20-2-
42
t, §20-2-
42
u and §20-2-
42
v; and to amend and reenact
§20-2B-6, §20-2B-7, §20-2B-8, §20-2B-9 and §20-2B-10 of said
code, all relating to the restructuring of the hunting and
fishing license system; increasing fees; providing an
effective date; creating a system to index fees to the Consumer Price Index; and providing for requirements for
certification of training.
Be it enacted by the Legislature of West Virginia:
That §20-2-39, §20-2-40, §20-2-40b, §20-2-41, §20-2-43,
§20-2-44a, §20-2-45, §20-2-46b, §20-2-46c, §20-2-46d, §20-2-46f,
§20-2-46g, §20-2-46i, §20-2-46j, §20-2-46k, §20-2-46l, §20-2-46m
and §20-2-63 of the Code of West Virginia, 1931, as amended, be
repealed; that §20-2-30a, §20-2-33, §20-2-44 and §20-2-44b of said
code be amended and reenacted; that said code be amended by adding
thereto twenty-three new sections, designated §20-2-
42, §20-2-
42
a,
§20-2-
42
b, §20-2-
42
c, §20-2-
42
d, §20-2-
42
e, §20-2-
42
f, §20-2-
42
g,
§20-2-
42
h, §20-2-
42
i, §20-2-
42
j, §20-2-
42
k, §20-2-
42
l, §20-2-
42
m,
§20-2-
42
n, §20-2-
42
o, §20-2-
42
p, §20-2-
42
q, §20-2-
42
r, §20-2-
42
s,
§20-2-
42
t, §20-2-
42
u and §20-2-
42
v
; and that §20-2B-6, §20-2B-7,
§20-2B-8, §20-2B-9 and §20-2B-10
of said code be amended and
reenacted, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-30a. Certificate of training; falsifying, altering,
forging, counterfeiting or uttering training
certificate; penalties.
(a) Notwithstanding any other provisions of this article, no
hunting license
or stamp may be issued to any person who was born
on or after the first day of January, one thousand nine hundred
seventy-five, unless the person submits to the person authorized to issue hunting licenses a certificate of training as provided
for in
this section or proof of completion of any course which promotes as
a major objective safety in the handling of firearms and of bow and
arrows and which course is approved by the hunter education
association or the Director,
or provides a State of West Virginia
resident or nonresident hunting license from the previous hunting
season that displays a certification of training.
(b) The Director shall establish a course in the safe handling
of firearms and of bows and arrows, such as the course approved by
the hunter education association. This course shall be given at
least once per year in each county in this state and shall be
taught by instructors certified by the Director. In establishing
and conducting this course, the Director may cooperate with any
reputable association or organization which promotes as a major
objective safety in the handling of firearms and of bows and
arrows:
Provided, That any person holding a Class A-L or AB-L
lifetime resident license obtained prior to his or her fifteenth
birthday shall be required to obtain a certificate of training as
provided
for in this section before hunting or trapping pursuant to
said license. This course of instruction shall be offered without
charge, except for materials or ammunition consumed. Upon
satisfactory completion of the course, each person instructed in
the course shall be issued a certificate of training for the
purposes of complying with the requirements of subsection (a) of this section. The certificate shall be in the form prescribed by
the Director and shall be valid for hunting license application
purposes.
(c) (1) Upon satisfactory completion of this course, any
person whose hunting license has been revoked for a violation of
the provisions of this chapter may petition the Director for a
reduction of his
or her revocation time. However, under no
circumstances may the time be reduced to less than one year.
(2) Successful completion of this course shall be required to
consider the reinstatement of a hunting license of any person whose
license has been revoked due to a conviction for negligent shooting
of a human being or of livestock under the provisions of section
fifty-seven of this article
or of section eleven, article seven,
chapter sixty-one of this code, and who petitions the Director for
an early reinstatement of his
or her hunting privileges. Such a
petitioner shall also comply with the other requirements for
consideration of reinstatement contained in section thirty-eight of
this article.
(d) It is unlawful for any person to falsify, alter, forge,
counterfeit or utter a certificate of training. Any person who
violates the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than five hundred dollars nor more than one thousand dollars, or
confined in jail for a period not to exceed one year, or both fined and imprisoned.
(e) Nothing herein contained shall mandate that any county
school district in the state be responsible for implementing hunter
safety education programs.
§20-2-33. Authority of Director to designate agents to issue
licenses; bonds; fees.
(a) The Director may appoint, in addition to the clerk of the
county commission, agents to issue licenses under the provisions of
this article to serve the convenience of the public. Each person
appointed shall, before issuing any license, file with the Director
a bond payable to the State of West Virginia, in the amount to be
fixed by the Director, conditioned upon the faithful performance of
his or her obligation to issue licenses only in conformity with the
provisions of this article and to account for all license fees
received by him or her. The form of the bond shall be prescribed
by the Attorney General. No person, other than those designated as
issuing agents by the Director, may sell licenses or buy licenses
for the purpose of resale.
(b) Except when a license is purchased from a state official,
every person making application for a license shall pay, in
addition to the license fee prescribed in this article, an
additional fee of three dollars to any county official issuing the
license and all fees collected by county officials must be paid by
them into the general fund of the county treasury or, in the case of an agent issuing the license, an additional fee of three dollars
as compensation:
Provided, That only one issuing fee of three
dollars may be collected by county officials or authorized agents,
respectively, for issuing two or more licenses at the same time for
use by the same person or for issuing combination resident
statewide hunting, trapping and fishing licenses:
Provided,
however, That a person with a lifetime license or a person who has
paid the original additional fee of three dollars to a county
official or issuing agent for a license shall only be charged an
additional fee of one dollar as additional compensation when
subsequently purchasing an additional license from a county
official or issuing agent:
Provided further, That the Director
shall propose rules for legislative approval from, in accordance
with article three, chapter twenty-nine-a of this code, increasing
the license issuance fee: And provided further, That licenses may
be issued electronically in a manner prescribed by the Director and
persons purchasing electronically issued licenses may be assessed,
in addition to the license fee prescribed in this article, an
electronic issuance fee to be prescribed by the Director.
(c) In lieu of the license issuance fee prescribed in
subsection (b) of this section, the Director shall propose rules
for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code governing the
application for and issuance of licenses by telephone and other electronic methods.
(d) The Director may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code governing the management of issuing
agents.
§20-2-44. Free fishing days.
The Director may designate up to two days each year as free
sport fishing days. On a designated free fishing day, an
individual is entitled to fish for all legal fish in all counties
of the state without having a
Class B, Class F, Class I or Class O
valid West Virginia fishing license and without the payment of any
license fee, subject to the same privileges and restrictions
applicable to a holder of any such license.
§20-2-44b. Bear damage stamp; proceeds to be paid into bear
damage fund; purposes, etc.
Any hunter licensed To hunt bear in this state,
a licensed
hunter shall
have, in addition to a
hunting license of either Class
A,
A-L, AB-L, X or
AB XJ, in the case of a resident, or
a Class C
or E, EE,
L, LL or M, in the case of a nonresident,
have a bear
damage stamp
which shall be issued by the
department Division of
Natural Resources.
and which shall be sold at places where hunting
and fishing licenses are sold The
base fee for
a bear damage the
stamp
shall be four is ten dollars
and but is subject to increase
in relation to an increase in the Consumer Price Index (All Items). All proceeds from the sale of
such stamps shall be paid into the
bear damage fund which shall be maintained by the
department
Division of Natural Resources for
the purposes of paying claims of
property owners for damages to real and personal property caused by
acts of bear and to cover the expense of
hunting, capturing and
removing offending bear to remote areas black bear research
programs within the state. This stamp requires that the licensee
purchase the appropriate base license before participating in the
activities specified in this section, except as noted.
§20-2-42. Class A resident hunting and trapping license.
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
that the licensee may not hunt deer during the deer archery and
muzzleloader seasons, or black bear, wild turkey or wild boar
during the respective seasons, and except as prohibited by rules of
the Director or Natural Resources Commission and when additional
licenses, stamps or permits are required. It shall 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
thirty consecutive days or more immediately prior to the date of
their application for a license. The base fee for the license is
eighteen dollars, but is subject to increase in relation to an
increase in the Consumer Price Index (All Items). This is a base licenseand does not require the purchase of a prerequisite license
to participate in the activities specified in this section, except
as noted.
§20-2-42a. Class B resident fishing license.
A Class B license is a resident fishing license and entitles
the licensee to fish for all legal fish except trout and to take
frogs in all counties of the state, except as prohibited by rules
of the Director or Natural Resources Commission and when additional
licenses, stamps or permits are required. It shall 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
thirty consecutive days or more immediately prior to the date of
their application for a license. The base fee for the license is
eighteen dollars, but is subject to Increase in relation to an
increase in the Consumer Price Index (All Items). To fish for
trout, a Class B license holder must purchase and carry a valid
Class 0 stamp or Class OWL license. 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.
§20-2-42b. Class C courtesy statewide hunting and fishing
license.
A Class C license is a courtesy hunting and fishing license
and entitles the licensee to hunt and fish in all counties of this state. It may be issued by the Director upon application made to
him or her and without fee to:
(1)Members and agents of the United States Fish and Wildlife
Service;
(2)Members of State Commissions of other states extending
similar courtesies;
(3)Diplomatic and consular representatives of foreign
countries;
(4)Persons engaged in scientific wildlife research;
(5)Nonresident outdoor writers and other nonresidents
engaged in promoting an interest in the Natural Resources of the
State of West Virginia.
Not more than one hundred courtesy licenses shall be issued in
one year. 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.
§20-2-42c. 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 base fee for the license is one hundred ten dollars,
but is subject to increase in relation to an increase in the Consumer Price Index (All Items). 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.
§20-2-42d. Class EE nonresident bear hunting license.
A Class EE license is a nonresident bear hunting, license and
entitles the licensee to hunt bear in all counties of the state,
except as prohibited by rules of the Director or Natural Resources
Commission and except when additional licenses, stamps or permits
are required. The base fee for the license is one hundred fifty
dollars, but is subject to increase in relation to an increase in
the Consumer Price Index (All Items). 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.
§20-2-42e. Class F nonresident fishing license.
A Class F license is a nonresident fishing license and
entitles the licensee to fish for all legal fish except trout and
to take frogs, in all counties of the state except as prohibited by
rules of the Director or Natural Resources Commission and except
when additional licenses, stamps or permits are required. The base
fee for the license is thirty-five dollars, but is subject to
increase in relation to an increase in the Consumer Price Index
(All Items). To fish for trout, a Class F license holder must
purchase and carry a valid Class 00 trout 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.
§20-2-42f. Class H nonresident small game hunting license.
A Class H license is a nonresident small game hunting license
and entitles the licensee to hunt small game in all counties of the
state, except as prohibited by rules of the Director or Natural
Resources Commission and except when additional licenses, stamps or
permits are required, for a period of six consecutive days chosen
by the licensee, excluding Sunday in counties closed to Sunday
hunting. The base fee for the license is twenty-five dollars, but
is subject to increase in relation to an increase in the Consumer
Price Index (All Items). 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.
§20-2-42g. Class J nonresident small game shooting preserve
license.
A Class J license is a nonresident small game shooting
preserve license and entitles the licensee to hunt small game on
designated shooting preserves, except as prohibited by rules of the
Director or Natural Resources Commission and except when additional
licenses, stamps or permits are required, for a period of six
consecutive days chosen by the licensee, excluding Sunday in
counties closed to Sunday hunting. The base fee for the license is ten dollars, but is subject to increase in relation to an increase
in the Consumer Price Index (All Items). 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.
§20-2-42h. Class LL nonresident one-day fishing license.
A Class LL license is a nonresident fishing license and
entitles the licensee to fish for all legal fish except trout and
to take frogs in all counties of the state for the calendar date
chosen by the buyer and which will be specified on the license,
except as prohibited by rules of the Director or Natural Resources
Commission and except when additional licenses, stamps or permits
are required. To fish for trout, a Class LL licensee must purchase
and carry a valid Class 00 trout stamp. The base fee for the
license is three dollars, but is subject to increase in relation to
an increase in the Consumer Price Index (All Items). 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.
§20-2-42i. Class X resident hunting, fishing and trapping
license.
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 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 0 stamp or Class
0-L license. The Class X license shall 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 thirty
consecutive days or more immediately prior to the date of their
application for a license. The base fee for the license is
thirty-six dollars, but is subject to increase in relation to an
increase in the Consumer Price Index (All Items). The portion of
the Class X license fee equal to the annual fee for the CS stamp
shall be designated as conservation stamp revenue and expended
pursuant to section nine, article two-b 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.
§20-2-42j. Class XJ resident junior and Class XXJ nonresident
junior hunting, fishing and trapping license.
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 0 or 00 stamp or 0-
L license. The Class XJ license may be issued only to a resident
who has not reached his or her eighteenth birthday and is otherwise
required by section twenty-seven of this article to purchase a
license. The Class XXJ license may be issued to a nonresident who
has not reached his or her eighteenth birthday and is at least
eight years old and is otherwise required by section twenty-seven
of this article to purchase a license. The base fee for the Class
XJ license is fifteen dollars, but is subject to increase in
relation to an increase in the Consumer Price Index (All Items).
The portion of the Class XJ license fee equal to the annual fee for
the CS stamp shall be designated as conservation stamp revenue and
expended pursuant to section nine of article two-b. The base fee
for the Class XXJ license is fifteen dollars, but is subject to
increase in relation to an increase in the Consumer Price Index
(All Items). In addition to buying a Class XXJ license, a nonresident must purchase a Class CS/LE stamp as required in
section ten of article two-b. 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.
§20-2-42k. Class A-l small arms hunting stamp.
Notwithstanding the provisions of section two, article seven,
chapter sixty-one of this code, a Class A-l stamp is a small arms
hunting stamp. To be eligible to get a Class A-l stamp, a person
must be legally able to possess a firearm. If a person is
otherwise qualified, a Class A-l stamp may be issued to a person
twenty-one years of age or older who holds a valid resident or
nonresident hunting license, or to a person who is a resident
sixty-five years of age or older, but a Class A-l stamp shall never
be issued to a person who has been convicted of a misdemeanor
associated with the use of firearms or dangerous weapons or who has
been convicted of a felony. A Class A-l stamp entitles the
licensee to hunt, as otherwise permitted by the provisions of this
chapter, but only during small game and big game seasons as
established annually by the Director, with either a revolver or
pistol which has a barrel at least four inches in length. Unless
otherwise permitted by the Code of West Virginia, a Class A-1 stamp
entitles the licensee to carry or have in his or her possession
only one revolver or pistol when going to and from his or her home
or residence and a place of hunting and while hunting: Provided, That the Class A-l stamp shall not be valid unless the licensee has
in his or her possession a valid resident or nonresident hunting
license or is a resident sixty-five years of age or older:
Provided, however, That at all times, when not actually hunting,
the revolver or pistol shall be unloaded. While hunting, the
licensee shall carry the revolver or pistol in an unconcealed and
easily visible place. The base fee for the stamp is eight dollars,
but is subject to increase in relation to an increase in the
Consumer Price Index (All Items). A lifetime Class A-1 stamp may
be issued to anyone otherwise qualified and holding a valid Class
A-L or AB-L license or to a resident sixty-five years of age or
older. The lifetime Class A-1 stamp will be issued in a form
prescribed by the Director. The fee for a lifetime Class A-I stamp
is seventy-five dollars, but is subject to increase in relation to
an increase in the Consumer Price Index (All Items) All fees
collected for the issuance of the Class A-l and lifetime Class A-l
stamps shall be deposited in the State Treasury and credited to the
law-enforcement section of the Division of Natural Resources. The
fees collected shall be paid out of the State Treasury on order of
the Director and used solely for law-enforcement purposes. Any
person convicted of a misdemeanor associated with the use of
firearms or dangerous weapons or convicted of a felony, or any
person who becomes legally unable to possess a firearm shall
immediately surrender the stamp to the Division of Natural Resources. A holder of a Class A-l or lifetime Class A-l stamp is
required to purchase the appropriate base license before
participating in the activities specified in this section, except
as noted.
§20-2-421. Class I nonresident national forest hunting, trapping
and fishing stamp.
A Class I stamp is a nonresident national forest hunting,
trapping and fishing stamp and entitles the licensee, when within
national forest land in West Virginia, to hunt legal species in
season; to trap fur-bearing animals in season; and to fish in the
waters therein. The stamp shall be issued only to a nonresident
holding a Class E, EE, F, H or LL license. The base fee for the
stamp is two dollars, but is subject to increase in relation to an
increase in the Consumer Price Index (All Items). This stamp
requires that the licensee purchase the appropriate base license
before participating in the activities specified in this section,
except as noted.
§20-2-42m. Class N resident and Class NN nonresident antlerless
deer hunting stamp.
A Class N stamp is a resident deer hunting stamp for
antlerless deer. A Class NN stamp is a nonresident deer hunting
stamp for antlerless deer. These stamps entitle the licensee to
hunt and take antlerless deer of either sex during the Class N
season. The base fee for a Class N stamp is ten dollars and the base fee for a Class NN stamp is twenty-five dollars, but are
subject to increase in relation to an increase in the Consumer
Price Index (All Items). Class N and NN stamps may be issued only
for the purpose of removing antlerless deer when the Director
determines it essential for proper management of the wildlife
resources. The Director shall establish rules governing the
issuance of the Class N and NN stamps as deemed 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 a Class N or NN 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 section
seventeen, article one of this chapter. Bona fide resident
landowners or their resident children, or resident parents, bona
fide resident tenants of such land and bona fide resident
stockholders of resident corporations which are formed for the
primary purpose of hunting or fishing and which are the fee simple
owners of no less than one thousand acres of land upon which the
antlerless deer may be hunted are not required to have a Class N
stamp in their possession while hunting antlerless deer on their
own land during the Class N season. A resident hunter, including
those not required to purchase a license pursuant to section
twenty-seven of this article, must purchase and carry a valid Class
N stamp. A nonresident hunter must purchase and carry a valid Class NN stamp. These stamps require that the licensee purchase
the appropriate base license before participating in the activities
specified in this section, except as noted.
§20-2-42n. Class 0 resident and Class 00 nonresident trout
fishing stamp.
A Class 0 stamp is a resident trout fishing stamp. A Class 00
stamp is a nonresident trout fishing stamp. These stamps entitle
the licensee to fish for trout in all counties of the state, except
as prohibited by rules of the Director or Natural Resources
Commission. The base fee for a Class 0 stamp is ten dollars and
the base fee for a Class 00 stamp is fifteen dollars, but are
subject to increase in relation to an increase in the Consumer
Price Index (All Items). The revenue derived from the sale of
these stamps shall be deposited in the State Treasury and credited
to the Division of Natural Resources and shall be used and paid
out, upon order of the Director, for state trout program expenses.
These stamps, issued in a form prescribed by the Director, shall be
in addition to a Class AB-L, B, B-L, F, LL, X, XJ or XXJ license or
Class Q permit. These stamps require that the licensee purchase
the appropriate base license before participating in the activities
specified in this section, except as noted.
§20-2-42o. Class RG resident and Class RRG nonresident gun deer
hunting stamp for an additional deer.
The Director has the authority to issue a Class RG resident and a Class RRG nonresident gun 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 deer
as designated by the Director. The base fee for a Class RG stamp
is twenty dollars and the base fee for a Class RRG stamp is forty
dollars, but are subject to increase in relation to an increase in
the Consumer Price Index (All Items). The Director shall
promulgate legislative rules in accordance with article three,
chapter twenty-nine-a 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.
§2O-2-42p. Class RB resident and Class RRB nonresident archery
deer hunting stamp for an additional deer.
The Director has the authority to issue a Class RB resident
and a Class RRB nonresident archery deer hunting stamp when deemed
essential for the proper management of the wildlife resources.
This stamp allows the licensee to hunt and take an additional deer
as designated by the Director. The base fee for a Class RB stamp
is twenty dollars and the base fee for a Class RRB stamp is
thirty-five dollars, but are subject to increase in relation to an
increase in the Consumer Price Index (All Items). The Director
shall propose legislative rules in accordance with article three,
chapter twenty-nine-a 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.
§20-2-42q. Class RM resident and Class RRM nonresident
muzzleloader deer hunting stamp for an additional
deer.
The Director shall have the authority to issue a Class RM
resident and a Class RRM nonresident muzzleloader 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 deer as designated by the Director. The base
fee for a Class RM stamp is fifteen dollars and the base fee for a
Class RRM stamp is thirty-five dollars, but are subject to increase
in relation to an increase in the Consumer Price Index (All Items).
The Director shall propose legislative rules in accordance with
article three, chapter twenty-nine-a 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.
§20-2-42r. 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 in all counties of the state, except as
prohibited by the rules of the Director or Natural Resources Commission. The base fee for a Class WU stamp is thirty dollars,
but is subject to increase in relation to an increase in the
Consumer Price Index (All Items). The stamp issued in a form
prescribed by the Director, shall be 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, except as noted.
§20-2-42s. 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 of
the state, or parts thereof, excluding Logan, McDowell, Mingo and
Wyoming counties, as set by the Natural Resources Commission in
accordance with section seventeen, article one of this chapter.
The Director shall establish rules governing the issuance of a
Class V stamp as necessary to limit, on a fair and equitable basis,
the number of persons who may muzzle-loader hunt for deer in any
special management area. The stamp issued in a form prescribed by
the Director, shall be in addition to a Class E license. The base
fee for a Class VV stamp is thirty dollars, but is subject to
increase in relation to an increase in the Consumer Price Index
(All Items). This stamp requires that the licensee purchase the
appropriate base license before participating in the activities
specified in this section, except as noted.
§20-2-42t. Class WW nonresident turkey hunting stamp.
A Class WW stamp is a nonresident turkey hunting stamp and
entitles the licensee to hunt and take turkey during any turkey
hunting season, except as prohibited by the rules of the Director
or Natural Resources Commission. The base fee for a Class WW stamp
is thirty dollars, but is subject to increase in relation to an
increase in the Consumer Price Index (All Items). The stamp issued
in a form prescribed by the Director, shall be in addition to a
Class B license. This stamp requires that the licensee purchase
the appropriate base license before participating in the activities
specified in this section, except as noted.
§20-2-42u. Class BG resident big game stamp.
A Class BG stamp is a resident big game stamp and entitles the
Class A and Class Q licensee to hunt deer during the deer archery
and muzzle-loader seasons, and bear, wild turkey and wild boar
during the respective seasons, except as prohibited by rules of the
Director or Natural Resources Commission. The base fee for the
stamp is ten dollars, but is subject to increase in relation to an
increase in the Consumer Price Index (All Items). The stamp,
issued in a form prescribed by the Director, shall be in addition
to a Class A license or Class Q permit. This stamp requires that
the licensee purchase the appropriate base license before
participating in the activities specified in this section, except
as noted.
§20-2-42v. Effective date and indexing of license and stamp
fees.
The fees effected in article two and two-b of this chapter
shall become effective on and after the first day of January, two
thousand six. The fees shall be indexed to an increase in the
Consumer Price Index (All Items) published by the United States
Department of Labor. The Director shall from time to time propose
legislative rules for promulgation in accordance with section one,
article three, chapter twenty-nine-a, indexing the fees for all
hunting, trapping and fishing licenses and stamps. These rules
shall index the fees established in this article, rounded down to
the nearest dollar, to an increase in the Consumer Price Index (All
Items) published by the United States Department of Labor.
ARTICLE 2B. WILDLIFE ENDOWMENT FUND.
§20-2B-6. Expenditure of funds for specific and general purposes.
In accordance with the intent of sections thirty-four and
forty-six-c forty-two-n, article two of this chapter and pursuant
to sections three and four of this article, income accruing from
the investments of the wildlife endowment fund shall be distributed
in the following manner:
(a) Income accruing from the investment of moneys resulting
from the sale of Class O-L license shall be distributed and
disbursed in the same manner as revenues accruing from the sale of
Class O licenses as provided for in section forty-six-c forty-two-n, article two of this chapter.
(b) Income accruing from the investment of any portion of the
principal of the wildlife endowment fund which, at the time of its
deposit into the fund, is specifically designated for the
activities of a particular division section within the department
Division, shall accrue solely to that division section within the
department Division; and
(c) All other income accruing from the investments of the
wildlife endowment fund shall be distributed within the department
Division in the same manner as provided for in section thirty-four,
article two of this chapter.
§20-2B-7. Lifetime hunting, fishing and trapping licenses created.
(a) Pursuant to section three of this article, the Director
may issue the following lifetime hunting, fishing and trapping
licenses and for the lifetime of the licensee, the lifetime
licenses serve in lieu of the equivalent annual license: Lifetime
resident statewide hunting and trapping license; lifetime resident
combination statewide hunting, fishing and trapping license;
lifetime statewide fishing license; and lifetime resident trout
fishing license: Provided, That a full-time nonresident student
who attends an in-state college or university is not eligible to
purchase any of these lifetime licenses.
(b) The Director shall propose a legislative rule for
promulgation in accordance with article three, chapter twenty-nine-a of this code, setting the fees for the lifetime
licenses. The rule shall provide that the fee for any resident who
has not reached his or her second birthday shall be one half of the
adult fee set under the rule. Provided, That the rule first
proposed for promulgation under this section may be promulgated as
an emergency rule under the provisions of section fifteen, article
three, chapter twenty-nine of this code. The fees for lifetime
licenses shall be twenty-three times the fee for the equivalent
annual licenses or stamps.
§20-2B-8. Privileges of lifetime licensees.
Pursuant to section seven of this article, lifetime licensees
shall be entitled to the same privileges and subject to the same
restrictions as licensees possessing the equivalent annual license
with the following exceptions:
(a) Class A-L, AB-L, B-L and O-L licenses shall be valid for
the lifetime of the licensee;
(b) A Class O-L lifetime resident trout fishing license shall
be issued only to residents of the state and shall be valid only
when accompanied by a Class AB, AB-L, B, B-L, X or XJ license; and
(c) Class A-L, AB-L and B-L licenses shall include all of the
privileges of a Class I national forest license as described in
section forty-four-a, article two of this chapter; and
(d) (c) No additional fees shall be required of Class A-L and
AB-L licensees for a Class U, V or W license in order for the said licensees to participate in the seasons for which said licenses are
required. No additional fee shall be required of Class A-L, AB-L
or B-L licensees for the conservation stamp required by section
nine of this article.
§20-2B-9. Conservation stamp; purposes, etc.
On or after the first day of January, one thousand nine
hundred eighty-nine, any A resident hunter, fisherman angler or
trapper licensed to hunt, fish or trap in this state shall have, in
addition to a hunting, fishing or trapping Class A or B license of
Class A, AB, B, X or XJ in the case of a resident or Class E, EE,
F, G, H or K in the case of a nonresident, have a Class CS
conservation stamp. which shall be issued by the department of
natural resources and which shall be sold at places where hunting,
fishing or trapping licenses are sold. The base fee for the
conservation stamp shall be is three dollars, but is subject to
increase in relation to an increase in the Consumer Price Index
(All Items). for a resident of West Virginia and five dollars for
a nonresident of West Virginia.
The revenue derived from the sale of conservation stamps shall
be deposited in the State Treasury and shall be credited to the
department Division of Natural Resources. Said revenue shall be
used and paid out, upon order of the Director, for capital
improvements and land purchases or leases benefiting wildlife
except that at the discretion of the Director, a maximum of twenty percent of said revenue may be used for the operation and
maintenance of said capital improvements and lands: Provided, That
none of this revenue shall be expended for the purchase of
wetlands, or for land to be flooded so as to create wetlands, to
attract migratory waterfowl within sixty air miles of any
established poultry industry: Provided, however, That no
expenditures of the revenue derived from the sale of the
conservation stamps shall be made for recreational facilities or
activities that are used by or for the benefit of the general
public rather than by or for purchasers of hunting, fishing or
trapping licenses. Any unexpended moneys derived from the sale of
conservation stamps shall be carried forward to the next fiscal
year.
§20-2B-10. Law-enforcement and sports education stamp.
(a) Any nonresident hunter, angler or trapper licensed to
hunt, fish or trap in this state, in addition to a hunting, fishing
or trapping license of Class E, EE, F, G, H LL or K XXJ license in
the case of a nonresident, shall have a law-enforcement and sports
education Class CS/LE nonresident conservation, law-enforcement and
sports education stamp. which shall be issued by the division of
natural resources. The stamp shall be sold at places where
hunting, fishing or trapping licenses are sold. The base fee for
the law-enforcement and sports education stamp is five twelve
dollars, but is subject to increase in relation to an increase in the Consumer Price Index (All Items). for a nonresident of West
Virginia.
(b) The revenue derived from the sale of law-enforcement and
sports education Class CS/LE stamps shall be deposited in the State
Treasury and shall be credited to the Division of Natural Resources
law-enforcement section. Fifty percent of the revenue shall be used
and paid out, upon order of the Director, for the law-enforcement
section's expenses relating to the general enforcement of state
laws pertaining to the conservation of fish and wildlife and or
law-enforcement education programs for hunters, anglers and
trappers: Provided, That no expenditures of the revenue derived
from the sale of the law-enforcement and sports education Class
CS/LE stamp shall be made for law-enforcement purposes not directly
related to the wildlife resources of the state or for the
educational programs set forth in this subsection. Fifty percent
of the revenue shall be used and paid out for capital improvements
and land purchases or leases benefiting wildlife except that at the
discretion of the Director, a maximum of twenty percent of the
revenue may be used for the operation and maintenance of the
capital improvements and lands: Provided, That no expenditures of
the revenue derived from the sale of the conservation stamps shall
be made for recreational facilities that are used by or for the
benefit of the general public rather than by or for purchasers of
hunting, fishing or trapping licenses. Any unexpended moneys derived from the sale of law-enforcement and sports education Class
CS/LE stamps shall be carried forward to the next fiscal year and
expended for law-enforcement and educational programs.
NOTE: The purpose of this bill is to restructure the hunting
and fishing license system, increase fees, create a system to index
fees to the Consumer Price Index (All Items), and to change the
requirement for certification of training.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added. §20-2-42 through §20-2-42v is entirely new language,
therefore strike-throughs and underscoring have been eliminated.