H. B. 2436
(By Delegates Proudfoot, Fragale, Caputo,
Flanigan, Stemple, Damron and Leggett)
[Introduced March 6, 1997; referred to the
Committee on Agriculture and Natural Resources.]
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
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.
NOTE: The purpose of this bill is to strengthen the law
regarding the illegal possession or killing of wildlife.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.