WEST virginia legislature

2023 regular session

Introduced

Senate Bill 190

By Senators Phillips, Deeds, Karnes, Hunt, and Maroney

[Introduced January 13, 2023; referred
to the Committee on Agriculture and Natural Resources]

A BILL to amend and reenact §20-2-27 of the Code of West Virginia, 1931, as amended, relating to wildlife resources; and allowing the children and grandchildren of a landowner in West Virginia to hunt and fish on the private land regardless of residency status without a permit or license, hunt and fish on their own land during open seasons in accordance with laws and rules.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-27. Necessity for license.

(a) Except as otherwise provided by law, no resident who has reached his or her 15th  birthday and who has not reached his or her 65th birthday before January 1, 2012, and no nonresident shall may at any time take, hunt, pursue, trap for, kill or chase any wild animals, wild birds, or fish for, take, kill or catch any fish, amphibians or aquatic life of any kind whatsoever in this state without first having secured a license or permit and then only during the respective open seasons, except that a nonresident who has not reached his or her 15th birthday may fish for, take, kill or catch any fish, amphibians or aquatic life of any kind whatsoever in this state without first having secured a license or permit. A person under the age of 15 years shall may not hunt or chase any wild animals or wild birds upon lands of another unless accompanied by a licensed adult.

(b) A resident or nonresident member of any club, organization, or association or persons owning or leasing a game preserve or fish preserve, plant, or pond in this state shall may not hunt or fish therein without first securing a license or permit as required by law: Provided, That resident landowners or their resident or non-resident children or their resident or non-resident grandchildren, or bona fide resident tenants of land, may, without a permit or license, hunt and fish on their own land during open seasons in accordance with laws and rules applying to such hunting and fishing unless the lands have been designated as a wildlife refuge or preserve.

(c) Licenses and permits shall be of the kinds and classes set forth in this article and shall be conditioned upon the payment of the fees established for the licenses and permits.

(d) The list of names, addresses and other contact information of all licensees compiled and maintained by the division as a result of the sale and issuance of any resident or nonresident licenses or stamps under this chapter is exempt from disclosure under the Freedom of Information Act, §29B-1-1, et seq., of this code: Provided, That the records specified in this section shall be available to all law-enforcement agencies and other governmental entities authorized to request or receive such records.

NOTE: The purpose of this bill is to allow the children and grandchildren of a landowner in West Virginia to hunt and fish on such private land regardless of residency status without a permit or license, hunt and fish on their own land during open seasons in accordance with laws and rules.

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