Introduced Version
House Bill 4701 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4701
(By Delegates Proudfoot, Beach, Ennis, Claypole,
Buchanan, Evans and Damron)
(Originating in the Committee on
Agriculture and Natural Resources)
[March 4, 1998]
A BILL to amend and reenact section eleven, article two, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the sale and
transportation of wildlife and prohibiting the sale of the
organs of a legally killed black bear.
Be it enacted by the Legislature of West Virginia:
That section eleven, 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.
§20-2-11. Sale of wildlife; transportation of same.
No person, except those legally licensed to operate private
game preserves for the purpose of propagating game for commercial
purposes, and those legally licensed to propagate or sell fish,
amphibians and other forms of aquatic life, shall purchase or offer to purchase, sell or offer to sell, expose for sale, or have in his
possession for the purpose of sale any wildlife, or part thereof,
which has been designated as game animals, fur-bearing animals,
game birds, game fish or amphibians, or any of the song or
insectivorous birds of the state, or any other species of wildlife
which the director may designate: Provided, That pelts of game or
fur-bearing animals taken during the legal season may be sold and
live red and gray foxes and raccoon taken by legal methods during
legal and established trapping seasons may be sold within the
state: Provided, however, That hide, head, antlers and feet of a
legally killed deer and the hide, head, skull, organs and feet of
a legally killed black bear may be sold.
No person, including a common carrier, shall transport, carry
or convey, or receive for such purposes any wildlife, the sale of
which is prohibited, if such person knows or has reason to believe
that such wildlife has been or is to be sold in violation of this
section.
The selling or exposing for sale, having in possession for
sale, transporting or carrying in violation of this section shall
each constitute a separate misdemeanor offense. Notwithstanding the
provisions of this or any other section of this chapter, any game
birds or game bird meats sold by licensed retailers may be served
at any hotel, restaurant or other licensed eating place in this
state.
The director shall have authority to promulgate rules and
regulations in accordance with chapter twenty-nine-a of this code,
dealing with the sale of wildlife and the skins thereof.
NOTE: The purpose of this bill is to prohibit the sale of the
organs of a legally killed black bear.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language which
would be added.
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