COMMITTEE SUBSTITUTE
FOR
H. B. 2094
(By Delegates Caputo, Varner, Tucker and Yeager)
(Originating in the Committee on Agriculture
and Natural Resources)
[February 26, 2003]
A BILL to amend article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section sixty-four,
relating to regulating the release of fish, water animals and
other aquatic organism into the waters of this state.
Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section sixty-four, to
read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-64. Regulating release of fish, water animal and other
acquatic
organisms; stocking permit.
(a) It is unlawful for any person to release any fish, water animal or other aquatic organism, alive or dead, or any part, nest
or egg thereof into the waters of this state except as authorized
by a stocking permit issued by the director: Provided, That
nothing in this subsection shall be construed as restricting the
release of fish, water animal or other aquatic organism into the
waters of this state from which they were taken by lawful methods:
Provided however, That nothing in this subsection shall be
construed as restricting the release of native or established
species of fish in privately owned ponds.
(b) A stocking permit is not required for the stocking of
trout in waters of the state provided that the trout originate from
a source within the state or meet the disease free certification
requirements for imported salmondiae set forth in section thirteen
of this article.
(c) A stocking permit is not required for the stocking of
black bass provided that the
division of natural resources is
notified prior to stocking and is provided a disease free
certification.
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