H. B. 2799
(By Delegates Proudfoot, Beach, Buchanan, Damron, Willis, Border
and Leggett)
(Originating in the Committee on Agriculture &
Natural Resources)
[March 27, 1997]
A BILL to amend and reenact sections forty-three, forty-six-b,
forty-six-c, forty-six-g, forty-six-i, forty-six-j and forty- six-k, article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to amend article two-b of said chapter by adding thereto
a new section, designated section ten, all relating to non- resident sportsman fees; and providing for a law enforcement
and sports education stamp.
Be it enacted by the Legislature of West Virginia:
That sections forty-three, forty-six-b, forty-six-c, forty- six-g, forty-six-i, forty-six-j and forty-six-k, article two,
chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and to
amend article two-b of said chapter by adding thereto a new section, designated section ten to read as follows:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-43. Class E, Class EE, Class F, Class G and Class H licenses
for nonresidents.
On or after the first day of January, one thousand nine
hundred ninety-eight, the licenses in this section shall be
required of nonresidents to hunt and fish in West Virginia a A
Class E license shall be a nonresident hunting license and shall
entitle the licensee to hunt all legal species of wild animals and
wild birds in all counties of the state, except when other licenses
or permits are required. It shall be issued only to citizens of
the United States or Canada and to unnaturalized persons who
possess the permit referred to in section twenty-nine of this
article who are not residents of this state. The fee therefor
shall be seventy one hundred dollars except that the fee for
residents of Kentucky, Maryland, Ohio, Pennsylvania and Virginia
shall be seventy dollars or an amount equal to the fee which the
applicant's state of residence charges residents of West Virginia
for a similar license to hunt in that state, whichever is greater.
A Class EE license shall be a nonresident bear hunting license
and shall entitle the licensee to hunt bear in all counties of the
state, except when additional licenses or permits are required., on
and after the first day of July, one thousand nine hundred eighty-nine It shall be issued only to citizens of the United
States or Canada and to unnaturalized persons who possess the
permit referred to in section twenty-nine of this article who are
not residents of this state. The fee therefor shall be one
hundred-twenty one hundred fifty dollars.
A Class F license shall be a nonresident fishing license and
shall entitle the licensee to fish for all fish in all counties of
the state except when additional licenses or permits are required.
It shall be issued only to citizens of the United States or Canada
and to unnaturalized persons who possess the permit referred to in
section twenty-nine of this article who are not residents of this
state. The fee therefor shall be twenty-five thirty dollars.
Trout fishing is not permitted with a Class F license unless
such license has affixed thereto an appropriate trout stamp as
prescribed by the department division of natural resources.
A Class G license shall be a family fishing license and shall
entitle the licensee and members of his family to fish within the
territorial limits of state parks and state forests and in the
waters of streams bounding same, for a distance of not to exceed
one hundred yards from the exterior boundary of any state park or
state forest, except when additional licenses or permits are
required, for a period not to exceed one week. It may be issued to
any adult resident or nonresident who is temporarily residing in
any state park or forest as tenant or lessee of the state. The fee therefor shall be ten dollars for the head of the family, plus two
dollars additional for each member of his family to whom the
privileges of such license are extended. Class G licenses may be
issued in such manner and under such regulations rules as the
director may see fit to prescribe.
Trout fishing is not permitted with a Class G license unless
such license has affixed thereto an appropriate trout stamp as
prescribed by the department division of natural resources. The
trout stamp must be affixed to the license of the head of the
family only.
A Class H license shall be a nonresident small game hunting
license and shall entitle the licensee to hunt small game in all
counties of the state, except when additional licenses or permits
are required, for a period of six days beginning with the date it
is issued. It shall be issued only to citizens of the United
States or Canada who are not residents of this state. The fee
therefor shall be twenty dollars. As used in this section, "small
game" means all game except bear, deer, wild turkey and wild boar.
§20-2-46b. Class N special deer hunting license.
A Class N license is a special deer hunting license for
antlerless deer of either sex and entitles the licensee to hunt for
and kill antlerless deer of either sex during the Class N license
season. The fee for a Class N license is eight dollars.
The Class N license may be issued only for the purpose of removing antlerless deer when the director deems it essential for
proper management of wildlife resources. The director shall
establish such rules and regulations governing the issuance of such
Class N licenses as he deems necessary to limit, on a fair and
equitable basis, the number of persons who may hunt for antlerless
deer in any county, or any part of a county.
When the director deems it essential that Class N license
season be held in a particular county or part of a county, that
season shall be set by the natural resources commission as provided
for in section seventeen, article one of this chapter.
Bona fide resident landowners or their resident children, bona
fide resident tenants of such land, and any bona fide resident
stockholder of resident corporations which are formed for the
primary purpose of hunting or fishing and which are the fee simple
owners of no less than one thousand acres of land upon which such
antlerless deer may be hunted are not required to have a Class N
license in their possession while hunting antlerless deer on their
own land during the Class N license season.
A Class N license may be issued only to a resident of this
state who holds a valid Class A, Class A-L, Class AB, Class AB-L,
Class X or Class XJ license issued for the current calendar year or
a resident of West Virginia who is not required to obtain a license
or permit to hunt as provided in section twenty-eight, article two
of this chapter, except that this requirement shall not apply to persons under the age of fifteen. The director shall require proof
of age before issuing a Class N license, and such license shall
contain a space for recording the number of the valid Class A,
Class A-L, Class AB, Class AB-L, Class X or Class XJ license. If
at any time prior to the Class N deer hunting season the director
determines that there is a surplus of Class N licenses after the
demand for such licenses by residents of this state has been met,
such surplus licenses may be issued to nonresidents who hold a
valid Class E hunting license. The fee for a Class N license
issued to a nonresident shall be twenty-five dollars.
§20-2-46c. Class O resident and nonresident trout fishing license.
On and after the first day of January, one thousand nine
hundred eighty-nine, a A Class O license shall be a resident and
nonresident statewide trout fishing license and shall entitle the
licensee to fish for trout in all counties of the state, except as
prohibited by rules or regulations of the director.
The fee shall be seven dollars and fifty cents: Provided, That
on and after the first day of January, one thousand nine hundred
ninety-eight, the fee for residents shall be seven dollars and
fifty cents and the fee for nonresident shall be ten dollars. The
revenue derived from the sale of this license shall be deposited in
the state treasury and credited to the department division of
natural resources and shall be used and paid out, upon order of the
director, for state trout hatchery production.
This license shall be issued in the form of a stamp prescribed
by the director, shall be in addition to a Class AB, AB-L, B, B-L,
F, G, K, X or XJ license and shall be is valid only when affixed
thereto.
§20-2-46g. Class RR special nonresident deer hunting stamp for an
additional deer.
The director shall have has the authority to issue a special
Class RR nonresident deer stamp when he or she determines deems it
essential for the proper management of the wildlife resources.
This stamp will allow the holder to hunt for and kill an additional
deer as designated by the director. The fee for a Class RR non- resident deer stamp shall be twenty-five dollar: Provided, That on
and after the first day of January, one thousand nine hundred
ninety-eight, the fee shall be thirty dollars.
The director shall promulgate propose legislative rules in
accordance with article three, chapter twenty-nine-a of this code
and regulations governing the issuance and use of said the stamp.
§20-2-46i. Class U resident and Class UU nonresident archery deer
hunting licenses.
On or after the first day of January, one thousand nine
hundred eighty-nine, a A Class U license shall be a resident
statewide archery deer hunting license. A Class UU license shall
be a nonresident statewide archery deer hunting license. A Class
U or Class UU license shall entitle the licensee to hunt for and kill deer with a bow during the archery deer season in all counties
of the state, except as prohibited by the rules and regulations of
the director or commission. The fee for the Class U archery deer
license shall be five dollars. The fee for the Class UU license
shall be ten dollars: Provided, That on and after the first day of
January, one thousand nine hundred ninety-eight, the fee shall be
twenty-five dollars.
The licenses shall be issued in a form prescribed by the
director, shall be in addition to a Class A, Class AB or Class E
license and shall be is valid only when accompanied thereby.
§20-2-46j. Class V resident and Class VV nonresident muzzle-
loading deer hunting licenses.
There shall be a special season of at least three days each
year for the taking of deer with muzzle-loading firearms, either
rifles or pistols, to be set at such time and to be of such a
duration as determined by the commission. For a minimum of two
days during this season, deer of either sex may be taken with
muzzle-loading firearms in all counties open for the taking of
antlerless deer as provided in section forty-six-b of this article.
Antlered deer only may be taken in all other counties open for the
taking of deer with firearms.
Only single shot muzzle-loading firearms with iron sights
having a bore diameter of no less than thirty-eight one-hundredths
inch are legal firearms for the taking of deer during the special season provided herein.
The special season provided herein shall be concurrent with
all other seasons designated for the taking of game.
Any person wishing to hunt for and kill deer during the
special muzzle-loading season must possess a valid Class V or Class
VV license, except that this requirement does not apply to a
resident of West Virginia who is not required to obtain a license
or permit to hunt as provided in this chapter. A Class V license
shall be a resident muzzle-loading deer hunting license. A Class
VV license shall be a nonresident muzzle-loading deer hunting
license. The licenses shall be issued in a form prescribed by the
director, are in addition to a Class A, Class AB or Class E license
and are valid only when accompanied thereby. The fee for the Class
V license shall be five dollars. The fee for the Class VV license
shall be ten dollars: Provided, That on and after the first day of
January, one thousand nine hundred ninety-eight, the fee shall be
twenty-five dollars.
§20-2-46k. Class W resident and Class WW nonresident turkey
hunting licenses.
On or after the first day of January, one thousand nine
hundred eighty-nine, a A Class W license shall be a resident turkey
hunting license, and a Class WW license shall be a nonresident
turkey hunting license. A Class W or Class WW license shall
entitle the licensee to hunt for and kill turkey during any turkey hunting season, except as prohibited by the rules and regulations
of the director or commission. The fee for the Class W turkey
hunting license shall be five dollars. The fee for the Class WW
license shall be ten dollars: Provided, That on and after the first
day of January, one thousand nine hundred ninety-eight, the fee
shall be twenty-five dollars.
The licenses shall be issued in a form prescribed by the
director, shall be in addition to a Class A, Class AB or Class E
license and shall be is valid only when accompanied thereby.
ARTICLE 2B. WILDLIFE ENDOWMENT FUND.
§20-2b-10. Law Enforcement and Sporty Education Stamp.
On or after the first day of January, one thousand nine
hundred ninety-eight, any hunter, angler, or trapper licensed to
hunt, fish or trap in this state, in addition to a hunting,
fishing, or trapping license of Class E, EE, F, G, H, or K in the
case of a nonresident, have a law enforcement and sports education
stamp which shall be issued by the division of natural resources.
The stamp shall be sold at places where hunting, fishing or
trapping licenses are sold. The fee for the law enforcement an
sports education stamp shall be five dollars for a nonresident of
West Virginia.
The revenue derived from the sale of law enforcement and
sports education stamps shall be deposited in the state treasury
and shall be credited to the division of natural resources, law enforcement section. The revenue shall be used and paid out, upon
order of the director, for the law enforcement section's expenses
relating to the general enforcement of state laws pertaining to the
conservation of fish and wildlife and or law enforcement education
programs for hunters, anglers, trappers and boaters. Provided,
That no expenditures of the revenue derived from the sale of the
law enforcement and sports education stamp shall be made for law
enforcement purposes not directly related to the wildlife resources
of the state or for the aforementioned educational programs. Any
unexpended moneys derived from the sale of law enforcement and
sports education stamps shall be carried forward to the next fiscal
year.