Senate Bill No. 422
(By Senator Manchin, By Request)
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[Introduced February 17, 1995; referred to the Committee
on Natural Resources; and then to the Committee on Finance.]
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A BILL to amend article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-a, relating to regulating the wildlife sales business.

Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four-a, to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-4a. Wildlife sales and distribution.
(a) It is unlawful for any person to possess, transport, import, export, buy, sell, barter, propagate or transfer any wildlife whether indigenous to this state or not except as provided by this section and rules promulgated by the West Virginia wildlife resources commission pursuant to this section.
Live wildlife, kept and maintained for any purpose, shall be classified in the following categories:
CLASS I: The following species constitute Class I:
(1) Drills and mandrills (genus Mandrillus)
(2) Baboons (genus Papaio)
(3) Gelda baboons (genus Theropithecus)
(4) Leopard
(5) Jaguar
(6) Tiger
(7) Lion
(8) Bears
(9) Poisonous reptiles not native to West Virginia
CLASS II:
All other wildlife except that included in Classes I, III, and IV.
CLASS III:
Such species, except those native to West Virginia, as the commission may by rule determine including the following:
(1) Nonpoisonous reptiles
(2) Gerbils
(3) Amphibians
(4) Shell parakeets
(5) Rats and mice
(6) Canaries
(7) Moles, shrews
(8) Rabbits, hares
(9) Squirrels, chipmunks
(10) Ferrets (domestic; European)
(11) Llama (Lama Peruana)
(12) Guinea pigs
(13) Bison (Bison bonasus and Bison)
(14) Hamsters
(15) Chameleons (Anolis)
(16) Primates not otherwise classified
(17) Avian species excluding waterfowl and North American game birds
(18) Turtles
(19) Camels (Camelus bactrians and Camelus dromedarius)
(20) Semi-domestic hogs
(21) Domestic goat
(22) Chinchilla (Chinchilla laniger)
(23) Alpaca
(24) Guanaco
(25) Mouflon sheep
(26) Semi-domestic sheep
(27) All fish held in aquaria
(28) Bovidae
(29) Equidae
(30) Marsupialia
CLASS IV:
(1) White-tailed deer
(2) Black bear
(3) Bobcat
(4) Wild turkey
(5) Monk and black hooded parakeets.
(b) Any person possessing any live wildlife in Class I or Class II for any purpose, whether indigenous to this state or not, shall obtain the appropriate permit or permits therefor.
The annual permits and fees therefor are as follows:

Personal possession
$10.00
per animal or

100.00
per facility

Permanent exhibitors 100.00

Temporary exhibitors 40.00

Commercial wildlife preserves 100.00
big game
50.00
small game

Importation 10.00
per shipment or

100.00
annually regardless of
number of shipments and
covering any and all
species for which
applicant meets pen
and cage requirements

Propagation facility
25.00
Class II only

100.00
Class I and II
Zoos, Nature Centers,
Rehabilitation Centers
and Educational Exhibits
certified as nonprofit by
U.S. Internal Revenue Code No Charge

Falconry (Residents and
nonresidents) 15.00

Qualification examination 10.00
per examination

(c) Temporary exhibitors are defined as those exhibitors who may set up an exhibit under the rules promulgated by the commission and whose wildlife species may not remain in the state for more than thirty days per calendar year.
(d) Any person desiring a permit pursuant to this section shall make application to the director on such form as the commission shall promulgate.
(e) The director shall not unreasonably withhold the issuance of permits under this section.
(f) Permits are not transferable.
(g) Permits shall be combined under this section to the greatest extent possible so that one application shall serve for all activities undertaken by the permittee. The commission shall promulgate rules specifying the form of application for such permits and providing for the issuance of such permits on the effective date of this section.
Persons possessing Class I live wildlife as of the first day of March, one thousand nine hundred ninety-six, may continue to possess Class I live until final action is taken on their application and so long as they shall comply with the provisions of this section: Provided, That any such person who does not comply and obtain a permit by the thirtieth day of December, one thousand nine hundred ninety-six, shall dispose of their wildlife.
(h) The director shall issue a permit upon a satisfactory showing of qualification to possess live wildlife under the following conditions:
(1) The applicant must be at least eighteen years of age;
(2) The applicant must have at least one year of experience in the handling or care of any Class I species, or in the alternative must take a written examination evidencing basic knowledge of the habits and requirements, in regard to proper diet, health care and exercise needs, of the species to be covered by the permit. The commission shall promulgate the written examination necessary to determine the qualification of the applicant;
(3) The facilities of the applicant may not be in a multiunit dwelling or on a premises of less than one acre;
(4) The applicant must have a plan for the quick and safe recapture of the wildlife, or if recapture is impossible, for the destruction of any animal held under the permit. The applicant must also have the weapons or other equipment necessary to carry out the plan;
(5) The applicant must have an eight foot fence on the perimeter of the facility where the live wildlife is kept, on such other fencing, enclosure or other protection of the cages where the live wildlife is kept sufficient to deter public entry; and
(6) The applicant must provide pens which specifications meet or exceed existing minimum USDA specifications for each animal.
(i) All permits issued under this section shall have the following conditions:
(1) The permittee shall control the exhibit of his live wildlife to the public in such a manner as to prevent direct exposure or contact between the live wildlife and the public: Provided, That a lion cub of less than twenty-five pounds or a cub of any other species of less than four months of age may be handled by members of the public, under the close supervision of the owner or his agent;
(2) The permittee shall execute a statement agreeing to hold the state of West Virginia harmless for any damage or injury caused by live wildlife under the permit;
(3) The permittee, prior to transferring, by sale or otherwise, any live wildlife held under the permit, must inquire of the potential transferee his or her qualifications under the standards promulgated and must obtain a copy of the individual's appropriate agency permit approval for facilities based on standards promulgated in this section. No transfer shall take place until the transferee has obtained necessary permits to possess wildlife.
(4) The licensee or keeper of any Class I live wildlife shall promptly report the escape of any such wildlife to the local law enforcement agency and the West Virginia division of natural resources.
(j) Persons possessing Class II live wildlife as of the first day of March, one thousand nine hundred ninety-six, may continue to possess Class II live wildlife until final action is taken on their applications and so long as they shall comply with the provisions of this section: Provided, That any such person who does not comply and obtain a permit by the thirtieth day of December, one thousand nine hundred ninety-six, shall dispose of their wildlife.
(k) The director shall issue the appropriate permit upon a satisfactory showing of qualification under the following conditions hereinafter set out for pumas, cheetahs and wolves. The conditions for issuance of a permit are:
(1) The applicant must have at least six months experience in the handling or care of the species to be covered by the permit, or in the alternative must be able to demonstrate basic knowledge of the habits and requirements, in regard to proper diet, health care and exercise needs, of the species to be covered by the permit.
(2) The facilities of the applicant may not be in a multiunit dwelling or on premises of less than one-fourth acre;
(3) The applicant must have a plan for the quick and safe recapture of the wildlife, or if recapture is impossible, for the destruction of any animal held under the permit. The applicant must also have the weapons or other equipment necessary to carry out the plan;
(4) The applicant must have cages of sufficient strength to prevent the escape of the live wildlife with the proper amount of room required for that species. If the commission has promulgated rules containing cage size requirements for the species to be covered by the permit, the applicant must meet the requirements of such rules.
(l) The commissioner shall also promulgate rules requiring specific cage sizes for any species in Class II. The executive director shall issue a permit upon satisfactory showing of qualification.
No permits are required to possess, transport, import, export, buy, sell, barter, propagate or transfer any live wildlife in Class III.
Class IV wildlife may be possessed and displayed only by zoos and transient circus acts: Provided, That rehabilitation facilities may possess Class IV wildlife as provided by rules established by the wildlife resources commission.
Any person possessing live wildlife in Class I, or II shall, during normal business hours and at all reasonable times, and without the necessity of a search warrant, allow the director or any officer or employee of the agency to inspect all animals, facilities, and records relating to such animals. Any person performing any inspection pursuant to the provisions of this act shall be knowledgeable of the species located within the inspected premises. The owner and/or operator of such premises shall take the necessary precautions to insure the utmost sanitation between inspections to prohibit contagion.
(m) (1) Before any person may engage in the business of propagating Class I, II or IV wildlife for sale, barter, or trade, whether indigenous to this state or not, he must obtain and possess a permit for each propagating location.
(2) Any nonresident who enters the state for the purpose of selling Class I, II or IV wildlife species in the state is also required to purchase and possess a permit.
(3) All permits under this section shall comply with all provisions of the United States Code and the Code of Federal Regulations relating to exotic animals, their care, propagation, importation and sale.
(n) Artificially propagated wildlife may be propagated, sold, possessed, released or exported in accordance with the rules prescribed by the commission and in the case of migratory birds the regulations prescribed by the federal government.
(o) All persons possessing Class I and II live wildlife obtained outside of the state of West Virginia shall have in his possession the importation permit required by this section. The permit and all bills of lading and shipping papers relating to any wildlife which the person may have in his or her possession shall be open and available for inspection.
(p)(1) It is unlawful to release any class of wildlife in West Virginia except in accordance with the rules promulgated by the West Virginia wildlife resources commission.
(2) It is unlawful for any person to operate a private preserve for the purpose for propagating and/or hunting any class of wildlife reared in captivity unless the person obtains the appropriate permit and operates such private wildlife preserve in accordance with the rules promulgated by the commission.
(3) It is lawful to hunt pen-reared and farm-reared animals on such preserve.
(4) Persons hunting on such preserve shall not be required to possess a hunting license.
(q) Before any person may take, transport, or possess raptors for the purpose of falconry, he or she shall first obtain a falconry license in accordance with the rules promulgated by the commission. The license shall be supplemental to all other licenses required for hunting as provided in this article, except that a holder of a falconry license may import and possess raptors legally obtained without the necessity of an importation permit.
Rules promulgated shall govern the taking, importation, possession and use of raptors and shall require applicants for such license to satisfactorily pass a written examination attesting to their qualification to possess and use falcons. The rules may provide for a waiver of the examination if the applicant has satisfactorily passed an examination in any other state which the commission deems comparable to the West Virginia examination. The rules shall not be less restrictive than federal regulations governing taking, transporting, possessing and using raptors for the purpose of falconry.
(r) Any person who violates the provisions of this section, or who violates the terms of any permit or rules promulgated pursuant to this section is guilty of a misdemenaor, and, upon conviction thereof, shall be fined not less than fifty dollars: Provided, That each animal held in violation of this section or rules promulgated constitutes a separate offense.
(s) Any officer of the division, upon finding a violation of the provisions of this section or terms of the permit or rules promulgated pursuant to this section may upon five days' notice to the alleged offender make application to a court of proper jurisdiction for permission to seize any equipment or wildlife held, used or transported in violation of the provisions of this section, permits, rules: Provided, That upon serving notice to the alleged offender and upon a hearing showing to the court the necessity of immediate action, any officer may petition the court for a seizure order. The division shall show, prior to being granted permission to seize said animals, that it has facilities within which to keep the wildlife, which facilities satisfy the minimum requirements of this section. No animals seized by the division may be forfeited or disposed of in the discretion of the court unless the offender has been convicted of the offense charged and all appeals from such conviction have been exhausted.
The cost of administration of this section as it relates to wildlife not indigenous to this state shall be borne by the general fund or other sources, including but not limited to revenues collected pursuant to this section.

NOTE: The purpose of this bill is to regulate the selling and general transacting of business in wildlife.

This section is new; therefore, strike-throughs and underscoring have been omitted.