WEST virginia
legislature
2017 regular session
By
[
to the Committee on Agriculture and Natural Resources then the Judiciary.
A BILL to repeal §20-2-19a
of the Code of West Virginia, 1931, as amended; and to amend and reenact
§20-2-5, §20-2-42g and §20-2-42h of said code, all relating to hunting or
trapping on private lands; removing restrictions for hunting or trapping on
private lands on Sundays; and clarifying that hunting on private land at any
time requires written consent of landowner.
Be it enacted by the
Legislature of West Virginia:
That §20-2-19a of the
Code of West Virginia, 1931, as amended, be repealed; and that §20-2-5, §20-2-42g
and §20-2-42h of said code be amended and reenacted, all to read as follows:
ARTICLE 2. WILDLIFE
RESOURCES.
§20-2-5. Unlawful
methods of hunting and fishing and other unlawful acts.
Except as authorized by the
director or by law, it is unlawful at any time for any person to:
(1) Shoot at any wild bird
or wild animal unless it is plainly visible;
(2) Dig out, cut out, smoke
out, or in any manner take or attempt to take any live wild animal or wild bird
out of its den or place of refuge;
(3) Use or attempt to use
any artificial light or any night vision technology, including image
intensification, thermal imaging or active illumination while hunting,
locating, attracting, taking, trapping or killing any wild bird or wild animal:
Provided, That it is lawful to hunt or take coyote, fox, raccoon, opossum
or skunk by the use of artificial light or night vision technology. Any person violating this subdivision is guilty of a
misdemeanor and, upon conviction thereof, shall for each offense be fined not
less than $100 nor more than $500, and shall be confined in jail for not less
than ten days nor more than one hundred days;
(4) Hunt, take, kill, wound
or shoot at wild animals or wild birds from an airplane or other airborne
conveyance, a drone or other unmanned aircraft, an automobile or other land
conveyance, or from a motor-driven water conveyance;
(5) Use a drone or other
unmanned aircraft to hunt, take or kill a wild bird or wild animal, or to use a
drone or other unmanned aircraft to drive or herd any wild bird or wild animal
for the purposes of hunting, trapping or killing;
(6) Take any beaver or
muskrat by any means other than a trap;
(7) Catch, capture, take,
hunt or kill by seine, net, bait, trap or snare or like device a bear, wild
turkey, ruffed grouse, pheasant or quail;
(8) Intentionally destroy
or attempt to destroy the nest or eggs of any wild bird or have in his or her
possession the nest or eggs;
(9) Carry an uncased or
loaded firearm in the woods of this state with the following permissible
exceptions:
(A) A person in
possession of a valid license or permit during open firearms hunting season for
wild animals and nonmigratory wild birds;
(B) A person hunting or taking unprotected species of wild
animals, wild birds and migratory wild birds during the open season, in the
open fields, open water and open marshes of the state;
(C) A person carrying a firearm pursuant to sections six
and six-a of this article; or
(D) A person carrying a firearm for self defense who is not
prohibited from possessing firearms by section seven, article seven, chapter
sixty-one of this code;
(10) Have in his or her
possession a crossbow with a nocked bolt, or a rifle or shotgun with cartridges
that have not been removed or a magazine that has not been detached, in or on
any vehicle or conveyance, or its attachments. For the purposes of this
section, a rifle or shotgun whose magazine readily detaches is considered
unloaded if the magazine is detached and no cartridges remain in the rifle or
shotgun itself. Except that between five o'clock post meridian of day one and
seven o'clock ante meridian, Eastern Standard Time, of the following day, any
unloaded firearm or crossbow may be carried only when in a case or taken apart
and securely wrapped. During the period from July 1 to September 30, inclusive,
of each year, the requirements relative to carrying unloaded firearms are
permissible only from eight-thirty o'clock post meridian to five o'clock ante
meridian, Eastern Standard Time: Provided, That the time periods for
carrying unloaded and uncased firearms are extended for one hour after the post
meridian times and one hour before the ante meridian times established in this
subdivision, if a person is transporting or transferring the firearms to or
from a hunting site, campsite, home or other abode;
(11) Hunt, catch, take,
kill, trap, injure or pursue with firearms or other implement by which wildlife
may be taken, after the hour of five o'clock ante meridian on Sunday any
wild animals or wild birds on private land without the written consent of
the landowner. any wild animals or wild birds except when a big game season
opens on a Monday, the Sunday prior to that opening day will be closed for any
taking of wild animals or birds after five o'clock ante meridian on that
Sunday: Provided, That traps previously and legally set may be tended
after the hour of five o'clock ante meridian on Sunday and the person tending
the traps may carry firearms for the purpose of humanely dispatching trapped
animals Any person violating this
subdivision is guilty of a misdemeanor and, upon conviction thereof, in
addition to any fines that may be imposed by this or other sections of this
code, is subject to a $100 fine;
(12) Hunt, catch, take,
kill, injure or pursue a wild animal or wild bird with the use of a ferret;
(13) Buy raw furs, pelts or
skins of fur-bearing animals unless licensed to do so;
(14) Catch, take, kill or
attempt to catch, take or kill any fish by any means other than by rod, line
and hooks with natural or artificial lures: Provided, That snaring of
any species of suckers, carp, fallfish and creek chubs is lawful;
(15) Employ, hire, induce
or persuade, with money, things of value or by any means, any person to hunt,
take, catch or kill any wild animal or wild bird except those species in which
there is no closed season; or to fish for, catch, take or kill any fish,
amphibian or aquatic life that is protected by rule, or the sale of which is
otherwise prohibited;
(16) Hunt, catch, take,
kill, capture, pursue, transport, possess or use any migratory game or nongame
birds except as permitted by the Migratory Bird Treaty Act, 16 U. S. C. §703, et seq., and its
regulations;
(17) Kill, take, catch,
sell, transport or have in his or her possession, living or dead, any wild bird
other than a game bird including the plumage, skin or body of any protected
bird, irrespective of whether the bird was captured in or out of this state,
except the English or European sparrow (Passer domesticus), starling (Sturnus
vulgaris) and cowbird (Molothrus ater), which may be killed at any time;
(18) Use dynamite,
explosives or any poison in any waters of the state for the purpose of killing
or taking fish. Any person violating this
subdivision is guilty of a felony and, upon conviction thereof, shall be fined
not more than $500 or imprisoned for not less than six months nor more than
three years, or both fined and imprisoned;
(19) Have a bow and gun, or
have a gun and any arrow, in the fields or woods at the same time;
(20) Have a crossbow in the
woods or fields, or use a crossbow to hunt for, take or attempt to take any
wildlife except as otherwise provided in sections five-g and forty-two-w of
this article;
(21) Take or attempt to
take turkey, bear, elk or deer with any arrow unless the arrow is equipped with
a point having at least two sharp cutting edges measuring in excess of three
fourths of an inch wide;
(22) Take or attempt to
take any wildlife with an arrow having an explosive head or shaft, a poisoned
arrow or an arrow which would affect wildlife by any chemical action;
(23) Shoot an arrow across
any public highway;
(24) Permit any dog owned
or under his or her control to chase, pursue or follow the tracks of any wild
animal or wild bird, day or night, between May 1 and August 15: Provided, That dogs may be trained on
wild animals and wild birds, except deer and wild turkeys, and field trials may
be held or conducted on the grounds or lands of the owner, or by his or her
bona fide tenant, or upon the grounds or lands of another person with his or
her written permission, or on public lands at any time. Nonresidents may not
train dogs in this state at any time except during the legal small game hunting
season. A person training dogs may not
have firearms or other implements in his or her possession during the closed
season on wild animals and wild birds;
(25) Conduct or participate
in a trial, including a field trial, shoot-to-retrieve field trial, water race
or wild hunt: Provided, That any person, group of persons, club or
organization may hold a trial upon obtaining a permit pursuant to section
fifty-six of this article. The person responsible for obtaining the permit
shall prepare and keep an accurate record of the names and addresses of all
persons participating in the trial and make the records readily available for
inspection by any natural resources police officer upon request;
(26) Hunt, catch, take,
kill or attempt to hunt, catch, take or kill any wild animal, wild bird or wild
fowl except during open seasons;
(27) Hunting on public
lands on Sunday after five o'clock ante meridian is prohibited;
(28) Hunt, catch, take,
kill, trap, injure or pursue with firearms or other implement which wildlife
can be taken, on private lands on Sunday after the hour of five o'clock ante
meridian: Provided, That the provisions of this subdivision do not apply
in any county until the county commission of the county holds an election on
the question of whether the provisions of this subdivision prohibiting hunting
on Sunday shall apply within the county and the voters approve the allowance of
hunting on Sunday in the county. The election is determined by a vote of the
resident voters of the county in which the hunting on Sunday is proposed to be
authorized. The county commission of the county in which Sunday hunting is
proposed shall give notice to the public of the election by publication of the
notice as a Class II-0 legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code and the publication area for the
publication is the county in which the election is to be held. The date of the
last publication of the notice shall fall on a date within the period of the
fourteen consecutive days next preceding the election.
On the local option
election ballot shall be printed the following:
Shall hunting on Sunday
be authorized on private lands only with the consent of the land owner in
________ County?
[ ] Yes
[ ] No
(Place a cross mark in
the square opposite your choice.)
Any local option
election to approve or disapprove of the proposed authorization of Sunday
hunting within a county shall be in accordance with procedures adopted by the
commission. The local option election may be held in conjunction with a primary
or general election or at a special election. Approval shall be by a majority of the voters casting
votes on the question of approval or disapproval of Sunday hunting at the
election.
If a majority votes
against allowing Sunday hunting, an election on the issue may not be held for a
period of one hundred four weeks. If a majority votes "yes",
an election reconsidering the action may not be held for a period of five
years. A local option election may thereafter be held if a written petition of
qualified voters residing within the county equal to at least five percent of
the number of persons who were registered to vote in the next preceding general
election is received by the county commission of the county in which Sunday
hunting is authorized. The petition may be in any number of counterparts. The
election shall take place at the next primary or general election scheduled
more than ninety days following receipt by the county commission of the
petition required by this subsection: Provided, That the issue may not
be placed on the ballot until all statutory notice requirements have been met.
No local law or regulation providing any penalty, disability, restriction,
regulation or prohibition of Sunday hunting may be enacted and the provisions
of this article preempt all regulations, rules, ordinances and laws of any
county or municipality in conflict with this subdivision.
Amendments to this
subdivision promulgated during the 2015 2017 regular session of
the Legislature shall have no effect upon the results of elections held prior
to their enactment; and
(29) (28) Hunt or conduct hunts for a fee when the
person is not physically present in the same location as the wildlife being
hunted within West Virginia.
§20-2-42g. Class H
nonresident small game hunting license.
A Class H license is a
nonresident small game hunting license and entitles the licensee to hunt small
game in all counties of the state, except as prohibited by rules of the
Director or Natural Resources Commission and except when additional licenses,
stamps or permits are required, for a period of six consecutive hunting days
chosen by the licensee. excluding Sunday in counties closed to Sunday
hunting The fee for the license is $25. This is a base license and does not
require the purchase of a prerequisite license to participate in the activities
specified in this section, except as noted.
§20-2-42h. Class J
nonresident small game shooting preserve license.
A Class J license is a
nonresident small game shooting preserve license and entitles the licensee to
hunt small game on designated shooting preserves, except as prohibited by rules
of the Director or Natural Resources Commission and except when additional
licenses, stamps or permits are required, for a period of six consecutive
hunting days chosen by the licensee. excluding Sunday in counties closed to
Sunday hunting The fee for the license is $10. This is a base license and
does not require the purchase of a prerequisite license to participate in the
activities specified in this section, except as noted.
NOTE: The purpose of this bill is
to allow hunting and trapping on private lands throughout the state on Sundays.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.