WEST VIRGINIA LEGISLATURE

2022 REGULAR SESSION

Introduced

House Bill 4258

By Delegates Gearheart, Smith, Zatezalo, Hamrick, and Ferrell

[Introduced January 19, 2022; Referred

to the Committee on Agriculture and Natural Resources then the Judiciary]

A BILL to amend and reenact §20-2-15 of the Code of West Virginia, 1931, as amended, relating to permit land owners or lessees of land whose land is damaged by deer or other wildlife to hire a third party to kill the deer or other wildlife by bow and arrow.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. WILDLIFE RESOURCES.

§20-2-15. Permit to kill deer or other wildlife causing damage to cultivated crops, trees, commercial nurseries, homeowners' shrubbery and vegetable gardens; weapon restrictions.

(a) Whenever it is found that deer or other wildlife are causing damage to cultivated crops, fruit trees, commercial nurseries, homeowners' trees, shrubbery or vegetable gardens, the owner or lessee of the lands on which damage is done may report the finding to the natural resources police officer or biologist of the county in which the lands are located or to the director. The director shall then investigate the reported damage and if found substantial, shall issue a permit to the owner or lessee to kill one or more deer or other wildlife in the manner prescribed by the director:  Provided, That the director shall issue a permit to the owner or lessee of the lands to hire a third party to kill one or more deer or other wildlife by use of bow and arrow.

(b) In addition to the foregoing, the director shall establish procedures for the issuance of permits or other authorization necessary to control deer or other wildlife causing property damage.

(c) All persons attempting to kill deer or other wildlife pursuant to this section are subject to the same minimum caliber restrictions and other firearm restrictions and the same minimum bow poundage and other bow and arrow restrictions that apply when hunting the same animal species during the regular hunting seasons.

NOTE: The purpose of this bill is to permit land owners or lessees of land whose land is damaged by deer or other wildlife to hire a third party to kill the deer or other wildlife by bow and arrow.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.