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Introduced Version House Bill 2662 History

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Key: Green = existing Code. Red = new code to be enacted

FISCAL NOTE WEST virginia Legislature

2017 regular session

Introduced

House Bill 2662

By Delegates Ambler, Cooper, Paynter, Maynard, Evans, A., Hamilton, Hicks, Eldridge and Rodighiero

[Introduced February 22, 2017; Referred
to the Committee on Agriculture and Natural Resources then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-5i, relating to prohibiting the waste of game animals, game birds or game fish; and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:


That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §20-2-5i, to read as follows:

ARTICLE 2. WILDLIFE RESOURCES.


§20-2-5i. Waste of game animals, game birds or game fish; penalties.

(a) A person may not waste a game animal, game bird or game fish that has been wounded, killed or taken while hunting or fishing. This section does not apply to fur-bearing animals. For purposes of this section, “waste” means:

(1) To detach or remove only the head, hide, feet, paws, claws, antlers, tusks, gall bladder or teeth or any or all of these parts from the carcass of a game animal;

(2) To detach or remove only the feathers, fan, beard or spurs or any or all of these parts from a game bird;

(3) To intentionally dispose of or abandon any portion of a game fish suitable for food in the fields or woods or about the streams of the state;

(4) To leave a wounded or killed game animal or game bird in the fields or woods of the state without making a reasonable effort to retrieve and render it for consumption or use: Provided, That nothing in this subsection shall be construed as requiring any person to retrieve a wounded game animal or game bird if such retrieval would constitute a violation of section seven of this article; or

(5) To transport, store or hang the carcass of a game animal, game bird or game fish in a manner that renders it unfit for human consumption.

(b) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the following penalties:

(1) With respect to big game as defined in section two, article one of this chapter, a fine of not less than $500 nor more than $2,500, or confined in jail not less than ten days nor more than one hundred days, or both fined and confined. Additionally, the person shall be subject to the applicable forfeiture provisions set forth in section five-a of this article. Further, the person’s hunting and fishing licenses shall be suspended for five years.

(2) With respect to all other game animals, game birds or game fish, a fine of not less than $100 nor more than $1,000, or confined in jail not less than ten days nor more than one hundred days, or both fined and confined.


NOTE: The purpose of this bill is to prohibit the wanton waste of game animals, game birds or game fish.

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

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