SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 536 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2017 regular session

Introduced

Senate Bill 536

By Senators Maynard, Jeffries and Ferns

[Introduced March 7, 2017; Referred
to the Committee on Natural Resources]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-5i; and to amend and reenact §20-2-16 of said code, all relating to hunting; using leashed dogs to track mortally wounded deer or bear; and clarifying the handling of dogs caught chasing deer.

Be it enacted by the Legislature of West Virginia:


That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §20-2-5i; and that §20-2-16 of said code be amended and reenacted, all to read as follows:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-5i. Leashed dogs for tracking mortally wounded deer or bear.


(a) Notwithstanding any provision of this chapter to the contrary, a person who is legally hunting and reasonably believes he or she has mortally wounded a deer or bear may either personally, or by engaging a dog handler, use a leashed dog to track and locate the mortally wounded deer or bear. The hunter or the dog handler shall maintain physical control of the leashed dog at all times.

(b) The act of tracking a mortally wounded deer or bear with a dog is hunting and is subject to all applicable laws and rules, including the requirement to have written permission to hunt on private property and to hunt during legal hunting hours. The hunter and the dog handler shall possess a valid West Virginia hunting license and any requisite stamps or permits. Only the hunter may kill a mortally wounded deer or bear, and the deer or bear shall count toward the bag limit of the hunter.

§20-2-16. Dogs chasing deer.


No person may permit or use his or her dog to hunt or chase deer. A natural resources police officer shall take into possession any dog known to have hunted or chased deer. and the director shall advertise that the dog is in his or her possession, giving a description of the dog and stating the circumstances under which it was taken. The notice shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for the publication is the county. He or she shall hold the dog for a period of ten days after the date of the publication. If, within ten days, the owner does not claim the dog, the director shall destroy it. In this event the cost of keeping and advertising shall be paid by the director. If, within ten days, the owner claims the dog, he or she may repossess it on the payment of costs of advertising and the cost of keep, not exceeding 50¢ per day. A natural resources police officer, or any officer or employee of the director authorized to enforce the provisions of this section, after a bona fide but unsuccessful effort to capture dogs detected chasing or pursuing deer, may kill the dogs If the owner of the dog can be ascertained, the dog shall be returned to the owner. If the owner of the dog cannot be ascertained, the natural resources police officer shall deliver the dog to the appropriate county humane officer or facility consistent with the provisions of this code.


 

NOTE: The purpose of this bill is to authorize the tracking of wounded or injured deer or bear with leashed dogs.

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

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print