COMMITTEE SUBSTITUTE
FOR
H. B. 2436
(By Delegates Proudfoot, Fragale, Caputo,
Flanigan, Stemple, Damron and Leggett)
(Originating in the Committee on
Agriculture and Natural Resources)
[March 13, 1997]
A BILL to amend and reenact section four, article two, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the illegal possession of
wildlife.
Be it enacted by the Legislature of West Virginia:
That section four, article two, chapter twenty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-4. Possession of wildlife.
Except as otherwise provided by law, no person shall have in his
or her possession any wildlife,
or parts thereof, during closed
seasons.
It is unlawful to possess any wildlife, or parts thereof,
which have been illegally taken, killed or obtained. Any wildlife
illegally taken, killed or possessed shall be forfeited to the
state and shall be counted toward the daily, seasonal, bag, creel
and possession limit of the person in possession of, or responsible for, the illegal taking or killing of any wildlife. Lawfully taken
wildlife may be in a person's possession during the open season
therefor, and for
sixty days one year thereafter:
Provided, That
any person, upon application to the director, may be issued a
permit authorizing the possession of the flesh and meat of
such any
wildlife for an additional period.
Wildlife lawfully taken outside of this state shall be subject
to the same laws and rules as that taken within this state.
Migratory wild birds shall be possessed only in accordance with
the "Migratory Bird Treaty Act" and regulations thereunder.
The restrictions in this section do not apply to the director or
duly authorized agents, who may, in any manner, take or maintain in
captivity, at any time, any wildlife for the purpose of carrying
out the provisions of this chapter.
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