HOUSE CONCURRENT RESOLUTION NO. 36

(By Delegates Love, Thompson, Fragale, Burke, Osborne, Ball, Everson, Nichols, Williams and Henderson)

(Originating in the House Committee on

Agriculture and Natural Resources)

[February 28, 1995]

Requesting the appointment of a special joint committee to conduct an interim study relating to the proposing of an archery and shotgun only spring turkey hunting season in West Virginia.

Whereas, Chapter twenty of the West Virginia code was enacted by the Legislature to provide a comprehensive program for the exploration, development, protection, enjoyment and use of the natural resources of the State, including wild turkeys; and
Whereas, Under the provisions of section seven, article one, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, the Director of the Division of Natural Resources is authorized to promulgate legislative rules to implement the provisions of that chapter; and
Whereas, Pursuant to that authority, the director has promulgated such rules with regard to wild turkey hunting in series eleven-f, chapter fifty-eight of the Code of State Regulations and has amended such rules from time to time; and
Whereas, On October fourteenth, one thousand nine hundred ninety-four, the director filed with the Secretary of State amendments to the wild turkey hunting regulations which wouldpermit the use of only a bow or a shotgun with lead shot size no greater than number four or steel shot size no greater than number two during the spring wild turkey season; and
Whereas, These amendments were incorporated by reference into House Bill 2184 and Senate Bill 115, each of which was referred to the Committee on Agriculture and Natural Resources and second referenced to the Committee on the Judiciary in the respective houses during the 1995 regular session of the Legislature; and
Whereas, These two committees jointly held a public hearing on the proposed amendments on Thursday, February ninth, at which many persons testified either in support of or opposition to these amendments; and
Whereas, Investigation into this matter, including the research published by the Division of Natural Resources, testimony presented at the public hearing, written and other communications from individuals and interested organizations, reveals a need for an interim study relating to the institution of an archery and shotgun only spring turkey hunting season in West Virginia and relating to the need for changes to existing regulations to accomplish this end; therefore, be it
Resolved by the Legislature of West Virginia:
That the President of the Senate and the Speaker of the House create a special joint committee to conduct an interim study relating to the proposing of an archery and shotgun only spring turkey hunting season in West Virginia; and, be it
Further Resolved, That the special joint committee be comprised of the chairman and three other members of the SenateAgriculture and Natural Resources Committee, to be appointed by the President of the Senate; the chairman and three other members of the House Agriculture and Natural Resources Committee, to be appointed by the Speaker of the House; the Director of the Division of Natural Resources or his designee; a representative from the West Virginia Chapter of the National Wild Turkey Federation; and a representative of the West Virginia Muzzle-loading Association; and, be it
Further Resolved, That the special joint committee be authorized to conduct public hearings at one or more places throughout the State for the purpose of receiving public comment on the issues under consideration and be authorized to take testimony at any such hearing; and, be it
Further Resolved, That the special joint committee report to the regular session of the Legislature, 1996, on its findings, conclusions and recommendations, and to include with its report drafts of any proposed legislation or regulations necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft any proposed legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.