WEST virginia legislature

2018 regular session

Introduced

Senate Bill 594

By Senator Ojeda

[Introduced February 19, 2018; Referred
to the Committee on Natural Resources; and then to the Committee on Finance]

A BILL to amend and reenact §64-10-5 of the Code of West Virginia, 1931, as amended, relating generally to directing the Division of Natural Resources within the Department of Commerce to file a rule relating to West Virginia wildlife management areas with certain amendments.

Be it enacted by the Legislature of West Virginia:

ARTICLE 10. Authorization for Department of Commerce to promulgate legislative rules.

§64-10-5. Division of Natural Resources.

The Legislature directs the Division of Natural Resources, pursuant to the authority given to the division in §20-1-7 and §20-3-2 of this code, to promulgate the legislative rule filed in the State Register by the division on May 8, 1995, relating to the division (West Virginia Wildlife Management Areas, 58 CSR 43) with the following amendments:

On page 3, subdivision 3.8.1., by striking out the words “thirty (30)” and inserting in lieu thereof the words “twenty (20)”;

On page 3, subdivision 3.8.3, by striking out the entire subsection and inserting a new subdivision, designated subdivision 3.8.3, to read as follows:

3.8.3.   The use of Off Highway Vehicles (OHVs), motorbikes, and snowmobiles shall be permitted on established, existing roads and trails as designated by signage;

And,

On page 3, after subdivision 3.8.4., by adding four new subdivisions, designated subdivision 3.8.5., subdivision 3.8.6., subdivision 3.8.7., and subdivision 3.8.8., to read as follows:

3.8.5.   The purchase of an OHV registration sticker for all OHVs, snowmobiles, and motorbikes is required to allow the division to identify any vehicle accessing Wildlife Management Area properties. This one-time registration sticker shall remain on the OHV until change of ownership. The sticker shall cost $35.

3.8.6.   A Wildlife Management Area access stamp in conjunction with a hunting license may be purchased. The cost for this annual access stamp is $35. All persons, including passengers, accessing Wildlife Management Area property by way of OHV must possess an access stamp, except children under the required age for hunting and fishing license requirements. Any such children shall be accompanied by an adult in possession of an access stamp and a valid hunting license.

3.8.7.   Any person operating or riding on an OHV in a Wildlife Management Area shall wear a safety helmet while the OHV is in motion. All OHVs must be equipped with proper mufflers and spark arresters as specified by the manufacturer.

3.8.8.   The division will provide for a 15-foot easement alongside the designated, existing roads and trails for parking. This easement is without exception, including game recovery.

NOTE: The purpose of this bill is to require DNR to make changes to the Wildlife Management Area rules in order to allow use of off highway vehicles.

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