Bill-DNR, Prohibitions
H. B. 2361
(By Delegates Douglas, Hunt, Compton, Faircloth, Linch
and Riggs)
[Introduced March 3, 1997; referred to the Committee on
Agriculture and Natural Resources then the Judiciary.]
A BILL to amend and reenact section two, article ten,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the division of natural resources to
promulgate a legislative rule relating to prohibitions
when hunting and trapping.
Be it enacted by the Legislature of West Virginia:
That section two, article ten, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO
PROMULGATE LEGISLATIVE RULES.
§64-10-2. Division of natural resources.
(a) The legislative rules rule filed in the state
register on the twenty-second day of December, one thousand
nine hundred ninety-four, authorized under the authority of
section eleven, article two, chapter twenty of this code,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twentieth day of
July, one thousand nine hundred ninety-five, relating to
the division of natural resources (commercial sale of
wildlife, 58 CSR 63), are is authorized.
(b) The legislative rules rule filed in the state
register on the twenty-second day of December, one thousand
nine hundred ninety-four, authorized under the authority of
section eleven, article two, chapter twenty of this code,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twentieth day of
September, one thousand nine hundred ninety-five, relating
to the division of natural resources (miscellaneous permits
and licenses, 58 CSR 64), are is authorized.
(c) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand nine hundred ninety-five, authorized under the authority of
section twenty-two, article seven, chapter twenty of this
code, modified by the division of natural resources to meet
the objections of the legislative rule-making review
committee and refiled in the state register on the
twentieth day of September, one thousand nine hundred
ninety-five, relating to the division of natural resources
(boating, 58 CSR 25), are is authorized.
(d) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section twenty-two, article seven, chapter twenty of this
code, modified by the division of natural resources to meet
the objections of the legislative rule-making review
committee and refiled in the state register on the twenty- eighth day of October, one thousand nine hundred
ninety-five, relating to the division of natural resources
(special boating, 58 CSR 26), are is authorized, with the
following amendments:
On page two, six, eight and nine, sections 3.6, 3.65,
3.71, 3.87 3.102 and 3.109, following the words "must have
the propeller removed", by inserting the words "or have the
motor withdrawn to the maximum trailorable limit".
(e) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section fifty-a, article two, chapter twenty of this code,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twentieth day of
September, one thousand nine hundred ninety-five, relating
to the division of natural resources (wildlife damage
control agents, 58 CSR 41), are is authorized.
(f) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section seven, article one, chapter twenty of this code,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twentieth day of
September, one thousand nine hundred ninety-five, relating
to the division of natural resources (wildlife scientific
collecting permits, 58 CSR 42), are is authorized.
(g) The legislative rules rule filed in the state
register on the thirty-first sixteenth day of July August,
one thousand nine hundred ninety-five ninety-six, authorized under the authority of section seven, article
one, chapter twenty of this code, modified by the division
of natural resources to meet the objections of the
legislative rule-making review committee and refiled in the
state register on the twentieth twenty-seventh day of
September, one thousand nine hundred ninety-five ninety-
six, relating to the division of natural resources
(prohibitions when hunting and trapping, 58 CSR 47) are is
authorized.
(h) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section seven, article one, chapter twenty of this code,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twentieth day of
September, one thousand nine hundred ninety-five, relating
to the division of natural resources (special waterfowl
hunting, 58 CSR 58), are is authorized.
(i) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section seventeen-a, article one, chapter five-b of this code, modified by the division of natural resources to meet
the objections of the legislative rule-making review
committee and refiled in the state register on the
twenty-fifth day of October, one thousand nine hundred
ninety-five, relating to the division of natural resources
(public use of West Virginia state parks, state forests,
and state wildlife management areas under the division of
natural resources, 58 CSR 31), are is authorized,
"with the following amendment:
On page 4 section 2.22 by striking out section 2.22 in
its entirety and inserting in lieu thereof the following:
2.22. The Director of the Division of Natural
Resources is authorized to issue special use permits and
enter into written agreements with persons who demonstrate
to the satisfaction of the Director that they have good
cause to utilize a motor driven vehicle on the Greenbrier
River Trail or the North Bend Rail Trail. The Director may
also authorize persons with legitimate need to utilize
motorized vehicles on the trails as authorized in
subdivision 2.22.3.
2.22.1. The director may, upon application in writing
and for good cause shown, issue a written special use
permit authorizing limited use of motorized vehicles on either the North Bend Rail Trail or Greenbrier River Trail.
A separate permit is required for each use. Each permit
shall specify the limitation on access, including such
things as the date, time not to exceed three days, place,
method and distance the applicant will be allowed to have
access to the trail. As part of the permit process, the
Director shall enter into a written agreement to allow the
use of motorized vehicles on the trails. The agreement
shall specify the limitations of the use and require, in
exchange for such use, that the persons allowed to use
motorized vehicles on the trails shall maintain a specified
area of the trail for a specified length of time. The
terms of the maintenance portion of the agreement shall
depend on the length and nature of the use.
2.22.2. Good cause may be shown by (a) those persons
in need of limited access to adjacent land that the
applicant owns or leases for agriculture purposes and who
have demonstrated no other reasonable means to gain entry
to the adjacent land; (b) those persons who have a vested
right of ingress to and egress from the trail and (c) those
persons required by law to plug or reclaim oil or gas
wells.
2.22.3. Persons with a legitimate need to use motorized vehicles on the trails are exempt from the permit
requirements. A legitimate need is limited to (a) those
persons who are authorized by the Director to use motorized
vehicles in the management, construction, maintenance and
operation of the trails and facilities and (b) persons and
equipment to fight forest fires and handle other
emergencies."
(j) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand nine
hundred ninety-five, authorized under the authority of
section seven, article one, chapter twenty of this code,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fifth day
of October, one thousand nine hundred ninety-five, relating
to the division of natural resources (rules governing
public use of campgrounds in West Virginia state parks,
state forests and state wildlife management areas under the
division of natural resources, 58 CSR 32), are is
authorized.
(k) The legislative rules rule filed in the state
register on the thirty-first day of July, one thousand nine
hundred ninety-five, authorized under the authority of section seven, article one, chapter twenty of this code,
modified by the division of natural resources to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fifth day
of October, one thousand nine hundred ninety-five, relating
to the division of natural resources (rules governing
public use of swimming areas in West Virginia state parks,
state forests and state wildlife management areas under the
division of natural resources, 58 CSR 33), are is
authorized.
NOTE: The purpose of this bill is to authorize the
Division of Natural Resources to promulgate a legislative
rule relating to Prohibitions When Hunting and Trapping
.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.