Senate Bill No. 336
(By Senator Bowman)
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[Introduced January 22, 2010; referred to the Committee on
Natural Resources.]
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A BILL to amend and reenact §20-2-5a of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §20-2-5h, all relating to actions to
recover possession or value of wild animals.
Be it enacted by the Legislature of West Virginia:
That §20-2-5a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §20-2-5h, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5a. Forfeiture by person causing injury, death or
destruction of game or protected species of animal;
replacement values thereof; forfeiture procedures.
Any person who is convicted of violating any criminal law of
this state and the violation causes or results in the injury, death
or destruction of game, as defined in section two, article one of this chapter, or a protected species of animal, in addition to any
other penalty to which he
or she is subject, shall forfeit the cost
of replacing such game or protected species of animal to the state.
For such purpose, replacement values for game and protected species
of animals are as follows:
(1) For each game fish or each fish of a protected species
taken illegally other than by pollution kill, $500 for each pound
and any fraction thereof;
(2) For each bear or elk, $500;
(3) For each
deer or raven, $200;
(4) For each wild turkey, hawk or owl, $100;
(5) For each beaver, otter or mink, $25;
(6) For each muskrat, raccoon, skunk or fox, $15;
(7) For each rabbit, squirrel, opossum, duck, quail, woodcock,
grouse or pheasant, $10;
(8) For each wild boar, $200;
(9) For each bald eagle, $500;
(10) For each golden eagle, $5,000; and
(11) For any other game or protected species of animal, one
$100.
The court upon convicting such person shall order him
or her
to forfeit to the state the proper amount based on the values set
forth herein for the game or protected species of animal the injury,
death or destruction of which he
or she caused or which resulted
from his
or her criminal act. If two or more defendants are convicted for the same violation causing, or resulting in, the
injury, death or destruction of game or protected species of animal,
the forfeiture shall be declared against them jointly and equally.
The forfeiture shall be paid by the person so convicted and ordered
to pay the forfeiture within the time prescribed by the court, but
not exceeding sixty days. In each instance, the court shall pay
such forfeiture to the state Treasury where it shall be credited to
the Division of Natural Resources to be used only for the
replacement, habitat management or enforcement programs for injured,
killed or destroyed game or protected species of animal.
§20-2-5h. Action to recover possession or value of wild animal.
(a) As used in this section:
(1) "Gross score" means the number derived by calculating the
measurements of the antlers of a white-tailed deer in accordance
with subsection (C)(1);
(2) "Point" means a projection on the antler of a white-tailed
deer that is at least one-inch long as measured from its tip to the
nearest edge of antler beam and the length of which exceeds the
length of its base. "Point" does not include an antler beam tip;
(3) "Abnormal point" means a point that is nontypical in shape
or location;
(4) "Normal point" means a point that projects from the main
antler beam in typical shape or location;
(5) "Inside spread of main antler beams" means the measurement
at right angles to the center line of the skull of a white-tailed deer at the widest point between main antler beams;
(6) "Length of main antler beam" means the measurement from the
lowest outside edge of the antler burr of a white-tailed deer over
the outer curve to the most distant point of what is or appears to
be the main antler beam beginning at the place on the antler burr
where the center line along the outer curve of the beam intersects
the antler burr; and
(7) "Antler burr" means the elevated bony rim around the antler
base of a white-tailed deer that is just above the skin of the
pedicel.
(b) The Chief of the Division of Wildlife Resources or the
chief's authorized representative may bring a civil action to
recover possession of or the restitution value of any wild animal
held, taken, bought, sold or possessed in violation of this chapter
or causes an injury, death or destruction of game as defined in
section two, article one of this chapter. The minimum restitution
value to the state for wild animals that are unlawfully held, taken,
bought, sold or possessed shall be established by the Division of
Natural Resources.
(c) (1) In addition to any restitution value established in
division rule, a person who is convicted of a violation of this
chapter or a division rule governing the holding, taking, buying,
sale or possession of an antlered white-tailed deer with a gross
score of more than one hundred twenty-five inches also shall pay an
additional restitution value that is calculated by the following formula:
Additional restitution value = ((gross score - 100)? x $1.65).
(2) The gross score of an antlered white-tailed deer shall be
determined by taking and adding together all of the following
measurements, which shall be made to the nearest one-eighth of an
inch using a one-quarter inch wide flexible steel tape:
(i) Inside spread of the main antler beams, not to exceed the
length of the longest main antler beam;
(ii) Length of the right main antler beam;
(iii) Length of the left main antler beam;
(iv) Total length of all abnormal points;
(v) Total length of all normal points as measured from the
nearest edge of the main antler beam over the outer curve to the
tip. To determine the baseline for normal point measurement, the
tape shall be laid along the outer curve of the antler beam so that
the top edge of the tape coincides with the top edge of the antler
beam on both side os the point;
(vi) Circumference taken at the narrowest place between the
antler burr and the first normal point on the right main antler
beam. If the first normal point is missing, the circumference shall
be taken at the narrowest place between the antler burr and the
second normal point;
(vii) Circumference taken at the narrowest place between the
first normal point and the second normal point on the right main
antler beam. If the first normal point is missing, the circumference shall be taken at the narrowest place between the antler burr and
the second normal point;
(viii) Circumference taken at the narrowest place between the
second normal point and the third normal point on the right main
antler beam;
(ix) Circumference taken at the narrowest place between the
third normal point and the fourth normal point on the right main
antler beam. If the fourth normal point is missing, the
circumference shall be taken halfway between the third normal point
and the tip of the main antler beam;
(x) Circumference taken at the narrowest place between the
antler burr and the first normal point on the left main antler beam.
If the first normal point is missing, the circumference shall be
taken at the narrowest place between the antler burr and the second
normal point;
(xi) Circumference taken at the narrowest place between the
first normal point and the second normal point on the left main
antler beam. If the first normal point is missing, the
circumference shall be taken at the narrowest place between the
antler burr and the second normal point;
(xii) Circumference taken at the narrowest place between the
second normal point and the third normal point on the left main
antler beam;
(xiii) Circumference taken at the narrowest place between the
third normal point and the fourth normal point on the left main antler beam. If the fourth normal point is missing, the
circumference shall be taken halfway between the third normal point
and the tip of the main antler beam; and
(xiv) Antlers may be measured at any time. No drying time is
required.
(d) Upon conviction of crime under this article or a violation
of a division rule, the chief shall revoke each license, permit or
stamp given under this chapter, until payment of restitution is
made. No fee paid for such a license, permit or stamp shall be
returned to the person.
Upon revoking a person's license, permit or stamp or a
combination thereof under this section, the chief immediately shall
send a notice of that action by certified mail to the last known
address of the person. The notice shall state the action taken,
order the person to surrender the revoked license, permit or stamp
or combination thereof, and state that the Division of Natural
Resources will not afford a hearing.
(e) Nothing in this section affects the right of seizure under
any other section of this code.
NOTE: The purpose of this bill is to grant the Chief of the
Division of Wildlife Resources the power to bring actions to recover
possession or value of wild animals.
§20-2-5h is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would
be added.
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