Senate Bill No. 197
(By Senators Ross, Anderson,
Macnaughtan
,
Boley and Buckalew)
__________
[Introduced March 3, 1997; referred to the
Committee on Natural Resources;
and then to the Committee on 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 falconry.
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 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 (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.
(l) The legislative rule filed in the state register
on the sixteenth day of August, one thousand nine hundred
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
twenty-seventh day of September, one thousand nine
hundred ninety-six, relating to the division of natural
resources (falconry
, 58 CSR 65), is authorized.
NOTE: The purpose of this bill is to authorize the
Division of Natural Resources to promulgate a legislative
rule relating to Falconry.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.