H. B. 2532
(By Delegates Manuel, Doyle and Proudfoot)
[Introduced March 13, 1997; referred to the
Committee on Agriculture and Natural Resources then Finance.]
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
sixty-four, relating to falconry as a legal means of
hunting; criminal penalties for violations.
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
sixty-four, to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-64. Taking, holding, etc. of falcons, hawks and owls; use
of same in hunting wild game.
(a) Falconry is a lawful means of hunting and constitutes a legal basis for the possession of otherwise protected raptorial
birds in conformance with the laws and regulations of the United
States.
(b) Notwithstanding any other provision of law, the director
shall:
(1) Propose any legislative rules, subject to approval by
the Legislature, necessary to implement, administer and enforce
this section, including, but not limited to, licensure
requirements and fees: Provided, That those rules are consistent
with this article and all applicable federal laws and
regulations;
(2) Permit the taking, trapping, holding, transportation,
carriage and shipment of live falcons, hawks and owls. The fee
for this annual permit is fifty dollars and the permit entitles
the holder thereof to possess not more than three of any such
birds at one time. The fee for renewing a permit, if the permit
is valid at the time of application for renewal or has expired
within the preceding six months, is twenty-five dollars;
(3) Authorize the use of falcons, hawks and owls to hunt and
take all species of wild birds and wild animals. However, the
hunting of migratory game birds shall be in accordance with the
provisions of this article and requires appropriate licenses as
provided in this article.
(c) The permits provided in this section may be obtained
from the division.
(d) Any person who violates any provision of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
less than fifty dollars nor more than five hundred dollars.
NOTE: The purpose of this bill is to specifically allow the
practice of falconry as a legal means of hunting wild birds and
animals.
This section is new; therefore, strike-throughs and
underscoring have been omitted.