H. B. 3106
(By Delegates Williams, Mezzatesta, Beane,
Michael, Evans, Anderson and Border)
[Introduced February 21, 2003; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-h; to amend and
reenact section two, article twenty-nine of said chapter; to
amend and reenact section two, article one, chapter twenty of
said code; and to further amend and reenact sections eleven
and twelve, article two of said chapter, all relating to
defining, developing and regulating privately owned deer as an
agricultural enterprise in this state; providing powers and
duties of certain state agencies and departments with respect
to privately owned deer; assigning authority and obligations
to certain state agencies and departments with respect to
privately owned deer; and providing for certain criminal
penalties and remedies.
Be it enacted by the Legislature of West Virginia:
That chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article two-h; that section two,
article twenty-nine of said chapter be amended and reenacted; that
section two, article one, chapter twenty of said code be amended
and reenacted; and that sections eleven and twelve, article two of
said chapter be amended and reenacted, all to read as follows:
CHAPTER 19. AGRICULTURE.
ARTICLE 2H. PRIVATELY OWNED DEER PRODUCERS MARKETING ACT.
§19-2H-1. Short title.
This article shall be known and may be cited as the Privately
Owned Deer Producers Marketing Act."
§19-2H-2. Definitions.
As used in this article:
(a) "Business plan" means a written document of intent that a
person submits to the department that defines the methods,
protocols, or procedures that the person intends on implementing to
be ira compliance with this article.
(b) "Biosecurity" means measures, actions or precautions taken
to prevent the transmission of disease in, among or between
free-ranging and privately owned deer species.
(c) "Deer livestock facility" means a privately owned deer
livestock operation on privately controlled lands capable of
holding deer species.
(d) "Deer livestock operation" means an operation that contains one or more privately owned deer species involving the
producing, growing, propagating, using, harvesting, transporting,
exporting, importing or marketing of deer species or deer products
under an appropriate registration.
(e) "Deer products" means any products, co-products or
by-products of deer, including antler, antler velvet, meat or any
part of the animal.
(f) "Deer species" means members of the cervidae family
including, but not limited to, deer, including fallow deer, red
deer, white-tail deer and axis deer, elk, moose, reindeer and
caribou.
(g) "Department" means the West Virginia department of
agriculture.
(h) "Commissioner" means the commissioner of the West Virginia
department of agriculture or his or her designee.
(i) Deer livestock facility.
(j) "Identify" means any documentable system or process that
allows a person to recognize as separate or different an individual
animal.
(k) "Law-enforcement officer" means a person appointed by the
state or a local governmental unit who is responsible for the
enforcement of the criminal laws of this state.
(1) "Owner" means the person who owns or is responsible for a
deer livestock operation.
(m) "Person" means an individual, corporation, limited
liability corporation, partnership, association, joint venture or
other legal entity.
(n) "Release" means to cause an animal to become located
outside the perimeter fence of a deer livestock facility not under
the direct control of the owner.
§19-2H-3. Administration of article.
(a) The department shall administer this article. The
departments of natural resources and environmental protection may
provide consultation.
(b) The department may conduct activities designed to develop
and assist the deer industry in the manner provided for by law.
§19-2H-4. Deer livestock operation as agricultural enterprise.
(a) A deer livestock operation is an agricultural enterprise
and is considered to be part of the farming and agricultural
industry of this state. The commissioner shall assure that deer
livestock operations are afforded all rights, privileges,
opportunities and responsibilities of other agricultural
enterprises.
(b) Deer livestock operations are a form of agriculture. Deer
livestock facilities and their equipment are considered to be
agricultural facilities and equipment. Uses related to the farming
of deer are considered agricultural uses.
(c) Deer products and deer species lawfully produced, purchased, possessed or acquired from within this state or imported
into this state are the exclusive and private property of the
owner.
(d) Notwithstanding any other provision of law to the
contrary, an owner harvesting privately owned deer species from a
registered deer livestock facility is exempt from possession limits
and closed seasons involving deer. This article does not give a
deer livestock operation authority to take free-ranging animals in
violation of law unless under a permit issued by the department of
natural resources.
(e) Any movement, importing or exporting of deer species or
deer products shall be in compliance with the animal industry laws
of this state and rules proposed for promulgation by the
commissioner.
§19-2H-5. Deer livestock operation; registration; records;
registration of existing facility; person licensed
by department of natural resources.
(a) A person may not engage in a deer livestock operation
unless he or she obtains from the department a deer livestock
facility registration or unless otherwise exempt by rule or law.
Zoos accredited under the American zoological association or other
accreditations or standards determined appropriate by and
acceptable to the department are exempt from this article.
(b) A person registered under this article shall keep and maintain records of production, purchases or imports in order to
establish proof of ownership and shall keep any other records
required under standards incorporated by reference under section
six of this article. A person transporting deer species shall
produce documentation that contains the origin of shipment,
registration or permit copies or documentation, documentation
demonstrating shipping destination and any other proof that may be
required under the animal industry laws of this state upon demand
of the commissioner or a law enforcement officer.
(c) A deer livestock facility in existence on or before the
effective date of this article is required to obtain a registration
under this article not later than the first day of January, two
thousand four, in order to continue engaging in a deer livestock
operation after the effective date of this article, subject to
subsection (d) of this section.
(d) A person licensed by the department of natural resources
to maintain deer species in captivity must obtain a registration
under this article upon the expiration of his or her license or by
the first day of January, two thousand four, whichever is earlier,
in order to continue to maintain privately owned deer species in
captivity.
§19-2H-6. Registration; application; evaluation standards;
business plan; forwarding copies of application;
notice to local governmental units; issuance; denial; review.
(a) A completed initial application for a registration shall
be submitted to the department not less than sixty days before the
construction of the deer livestock facility. The department shall
utilize standards adopted by the commissioner to evaluate the
issuance, maintenance and renewal of a registration issued under
this article. The commissioner may adopt, amend, update or
supplement the standards by rule proposed for promulgation in
accordance with article three, chapter twenty-nine-a of this code.
(b) As part of the application, the applicant for registration
shall submit a business plan complying with the standards
established under this section that includes all of the following:
(1) The complete address of the proposed deer livestock
facility and the size of, the location of and a legal description
of the lands on which the deer livestock operation will be
conducted;
(2) The number of deer species included in the proposed
facility;
(3) Biosecurity measures to be utilized, including, but not
limited to, methods of fencing and appropriate animal
identification;
(4) The proposed method of flushing wild deer species from the
enclosure, if applicable;
(5) The proposed record-keeping system;
(6) The method of verification that all free-ranging deer
species have been removed;
(7) The current zoning of the property proposed as a deer
livestock facility and whether the local unit or units of
government within which the deer livestock facility will be located
has an ordinance regarding fences; and
(8) Any other information considered necessary by the
department.
(c) Upon receipt of an application, the commissioner shall
forward a copy to the department of natural resources. Upon
receipt of an application, the department shall send a written
notice to the local unit or units of government within which the
proposed deer livestock facility will be located unless the
department determines, from information provided in the
application, that the local unit of government has a zoning
ordinance under which the land is zoned agricultural. The local
unit or units of government may respond, within thirty days of
receipt of the written notice, indicating whether the applicant?s
deer livestock facility would be in violation of any ordinance.
(d) The department shall not issue an initial deer livestock
facility registration or modification unless the application
demonstrates all of the following:
(1) The deer livestock facility has been inspected by the
commissioner and the commissioner has determined that the deer livestock facility meets the standards and requirements prescribed
by and adopted under this article, complies with the business plan
submitted to the department, and determines that there are barriers
in place to prevent the escape of deer species and prevent the
entry of wild deer species. In the case of elk and white-tail
deer, a perimeter fence shall be constructed of woven wire and be
at least eight feet high. For other deer species, the perimeter
fence height shall be determined by standards and requirements
prescribed by and adopted under this article;
(2) Individual animals are appropriately identified in
compliance with the standards established under this section;
(3) The applicant has all necessary permits that are required
regarding water resources protection, inland lakes and streams and
wetland protection and any other permits or authorizations that may
be required by law.
(e) Upon receipt of a denial under this section and without
filing a second application, the applicant may request in writing
and, if requested, the department shall provide an informal
departmental review of the application. After the informal
departmental review, if the commissioner determines that the
proposed deer livestock facility or deer livestock operation
complies with the requirements of this article, the commissioner
shall issue a registration within thirty days after the applicant
notifies the department of completion of the facility.
(f) If the commissioner determines that the proposed deer
livestock facility or deer livestock operation does not comply with
the requirements of this article, the commissioner shall affirm the
denial of the application in writing and specify the deficiencies
needed to be addressed or corrected in order for a registration to
be issued. The applicant may waive the informal departmental
review of the application.
§19-2H-7. Completion of facility construction; notice; inspection;
issuance of registration; determination of
noncompliance; notice of registration denial; request
for second inspection; review upon second denial;
hearing; return of registration fee.
(a) At the time the construction of the deer livestock
facility is completed, the applicant shall notify the department in
writing. Within thirty days after notification of the completion
of the deer livestock facility, the commissioner shall inspect the
deer livestock facility. If the commissioner determines that the
proposed deer livestock facility conforms to standards prescribed
by and adopted under this article, the commissioner shall issue a
registration within thirty days after completion of an inspection
finding that the deer livestock facility conforms to this article.
The time periods described in this subsection may be extended by
the department only if the department is unable to verify the
removal of wild deer species or for an act of God.
(b) If the commissioner determines that a proposed deer
livestock facility does not comply with the requirements of this
article, the commissioner shall deny the application for
registration. The department shall notify an applicant in writing
of the reasons for a registration denial within sixty days after
receipt of the completed application. The notice shall specify in
writing the deficiencies to be corrected in order for a
registration to be issued.
(c) Without filing a second application under this section, an
applicant
may request a second inspection after the specified
deficiencies have been corrected. The department is not required
to make more than two preregistration inspections of the same
proposed deer livestock facility per application.
(d) Upon receipt of a second denial under this section and
without filing a second application, the applicant may request in
writing and, if requested, the department shall provide an informal
departmental review of the application. After the informal
departmental review, if the commissioner determines that the
proposed deer livestock facility complies with the requirements of
this article, the commissioner shall issue a registration within
thirty days after the informal departmental review. After the
informal departmental review, if the commissioner determines that
the proposed facility does not comply with the requirements of this
article, the commissioner shall affirm the denial of the application in writing and specify the deficiencies needed to be
addressed or corrected in order for a registration to be issued.
The applicant may waive the informal departmental review of the
application.
(e) The applicant may request a hearing pursuant to article
five, chapter twenty-nine-a of this code, on a denial of a
registration or upon any limitations placed upon the issuance of a
registration.
(f) The department shall not return a registration fee or a
portion of a registration fee to an applicant if a registration is
denied.
§19-2H-8. Registration; information; fees; renewal; ownership sale
or transfer.
(a) A registration issued by the department shall contain the
following information:
(1) The registration number and expiration date;
(2) The deer species involved in the deer livestock facility;
(3) The complete name, business name, business address and
telephone number of the deer livestock facility registration
holder;
(4) The complete address of the deer livestock facility
location; and
(5) The complete name, address and telephone number of the
department contact person regarding deer livestock operations.
(b) The department shall issue to a person meeting the
requirements of this article a registration to operate a deer
livestock facility. The department may provide limited
registration classes.
(c) The department shall charge the following fees for initial
and renewal applications for deer facilities:
(1) Class I (hobby - five or fewer animals) one hundred
dollars;
(2) Class II (exhibition - including menageries and petting
zoos open to the public), five hundred dollars;
(3)Propagators - five hundred dollars;
(4) Harvesting farms - one thousand dollars.
(d) Application for renewal of a registration shall be
submitted not later than sixty days before expiration of the
current registration. Each registration issued shall be for a
period of one year from the date of issuance.
(e) A renewal submitted later than sixty days before
expiration of the current registration shall require submission of
an initial application. Failure of the department to process a
renewal application that was submitted in a timely and complete
manner operates to extend the current registration until such time
as the department completes the processing.
(f) Unless otherwise indicated in writing by the department at
the time the department sends a registered facility its renewal application, there is a presumption that the department shall renew
the registration upon timely submission of the completed renewal
application and registration fee.
(g) A sale or transfer of ownership of a deer livestock
facility requires the new owner or the transferee to notify the
department in writing. The department shall require a new
registration for a transfer occurring within six months of the
expiration of the current registration.
§19-2H-9. Registration; modification.
A registered deer livestock facility shall apply for a
modification of the deer livestock facility registration before any
change in the registration
class of activities for which the
registration is issued.
§19-2H-10. Inspection of facility by department.
(a) The department or its duly authorized agent shall have
access at all reasonable hours to any deer livestock facility to
inspect and to determine if this article is being violated and to
secure samples or specimens of any deer species. An inspection
shall be conducted under practices designed not to jeopardize the
health of the deer species.
(b) The commissioner may periodically inspect a registered
deer livestock facility for confirmation that there are in place
procedures or barriers designed to prevent the escape of deer
species, for confirmation that all specimens are accounted for, and for confirmation of compliance with other requirements
as set forth
in this article or
as required by law.
§19-2H-11. Prohibited conduct.
A person shall not knowingly provide false information in a
matter pertaining to this article and shall riot resist, impede or
hinder the commissioner in the discharge of his or her duties under
this article.
§19-2H-12. Noncompliance with article, standards, orders or
rules; denial, suspension, revocation, or
limitation of registration; determination of
unreasonable or adverse effect; hearing.
(a) After an opportunity for an administrative hearing, the
department may deny, suspend, revoke or limit a registration if the
applicant or registrant fails to comply with this article,
standards adopted or established under this article, orders issued
by the commissioner as a result of an administrative action or
informal departmental review conducted under this article, or rules
promulgated under this article.
(b) In addition to the provisions contained in subsection (a)
of this section, the department may deny the issuance of a
registration or suspend or revoke a registration if the department
determines that based upon substantial scientific evidence, the
issuance of a registration will cause, or is likely to cause, an
unreasonable or adverse effect upon the environment or upon wildlife which cannot be remedied by, or is not addressed by, the
existing standards under this article.
(c) Except in the case of an informal departmental review, the
department shall conduct an administrative proceeding under this
article pursuant to article five, chapter twenty-nine-a of this
code.
§19-2H-13. Rules.
The commissioner may propose legislative rules for
promulgation considered necessary to implement and enforce this
article, pursuant to article three, chapter twenty-nine-a of this
code.
§19-2H-14. Violation as misdemeanor; penalty.
Except as otherwise provided in section fifteen of this
article, a person who violates this article or a rule promulgated
under this article is guilty of a misdemeanor and, upon conviction
therefor, shall be fined not less than three hundred dollars nor
more than one thousand dollars, confined for not less than thirty
days nor more than ninety days, or both.
§19-2H-15. Prohibited conduct; violation; penalty.
(a) No person may release or allow the release of any deer
species from a deer livestock facility. This section does not
prohibit the sale, breeding, marketing, exhibition or other
approved uses of deer species in the manner provided for by law.
An animal that escapes from a facility is considered to be public property if the operator of a deer livestock facility does not
notify the department in compliance with the standards established
under this article.
(b) An owner shall not abandon a registered deer livestock
facility without first notifying the department in compliance with
the standards established under this article.
(c) A person shall not intentionally or knowingly cause the
ingress of free-ranging deer species into a registered deer
livestock facility.
(d) Any person who violates subsection (a) or (b) of this
section is guilty of a misdemeanor and, upon conviction therefor,
shall be fined not more than three hundred dollars, confined for
not more than ninety days, or both, for a first offense. A second
or subsequent offense is a misdemeanor and is punishable by a fine
of not more than one thousand dollars, confinement for not more
than one year, or both.
(e) Notwithstanding subsection (d) of this section, any person
who intentionally or knowingly violates subsection (a), (b) or (c)
of this section is guilty of a felony.
§19-2H-16. Conviction; costs and attorney fees; findings of
violations; remedies.
(a) A court may allow the department to recover reasonable
costs and attorney fees incurred in a prosecution resulting in a
conviction for a violation of section fourteen or fifteen of this article.
(b) The commissioner, upon finding that a person has violated
any provisions of this article, an order issued by the commissioner
as a result of an informal or administrative hearing or a rule
promulgated under this article, may do either of the following:
(1) Issue a warning; or
(2) Impose an administrative fine of not more than one
thousand dollars, plus the costs of investigation, for each
violation, after notice and an opportunity for a hearing. A person
aggrieved by an administrative fine issued under this section may
request a hearing pursuant to article five, chapter twenty-nine-a
of this code.
(c) The commissioner shall advise the attorney general of the
failure of any person to pay an administrative fine imposed under
this section. The attorney general shall bring a civil action in
a court of competent jurisdiction to recover the fine. Civil
penalties collected shall be paid to the general fund.
(d) Notwithstanding any other provisions of this article, the
commissioner may bring an action to do either or both of the
following:
(1) Obtain a declaratory judgment that a method, activity or
practice is a violation of this article; or
(2) Obtain an injunction against a person who is engaging in
a method, activity or practice that violates this article.
(e) The remedies under this article are cumulative and use of
one remedy does not bar the use of another unless otherwise
prohibited by law.
ARTICLE 29. PRODUCTION OF NONTRADITIONAL AGRICULTURE PRODUCTS.
§19-29-2. Definitions.
(a) "Aquaculture" means the commercial production of fish
and/or other aquatic life.
(b) "Commissioner" means the commissioner of agriculture or
his or her designee.
(c) "Domestic purposes" means for the purposes of food
production, for resale as breeding stock or for the sale of
immature stock for the purposes of further feeding.
(d) "Nontraditional agriculture" means the production of
animals domesticated from wild stock, either native or nonnative,
and are being confined, bred and/or fed for domestic purposes,
except that white-tailed deer (Odocoileus virginianus) and all its
subspecies shall not be included including privately owned deer and
all its subspecies that are kept pursuant to the provisions of
article two-h of this chapter; aquaculture; or other agricultural
products as defined in this article.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-2. Definitions.
As used in this chapter, unless the context clearly requires a different meaning:
"Agency" means any branch, department or unit of the state
government, however designated or constituted.
"Alien" means any person not a citizen of the United States.
"Bag limit" or "creel limit" means the maximum number of
wildlife which may be taken, caught, killed or possessed by any
person.
"Bona fide resident, tenant or lessee" means a person who
permanently resides on the land.
"Citizen" means any native born citizen of the United States,
and foreign born persons who have procured their final
naturalization papers.
"Closed season" means the time or period during which it shall
be unlawful to take any wildlife as specified and limited by the
provisions of this chapter.
"Commission" means the natural resources commission.
"Commissioner" means a member of the advisory commission of
the natural resources commission.
"Director" means the director of the division of natural
resources.
"Fishing" or "to fish" means the taking, by any means, of
fish, minnows, frogs or other amphibians, aquatic turtles and other
forms of aquatic life used as fish bait.
"Fur-bearing animals" include: (a) The mink; (b) the weasel; (c) the muskrat; (d) the beaver; (e) the opossum; (f) the skunk and
civet cat, commonly called polecat; (g) the otter; (h) the red fox;
(i) the gray fox; (j) the wildcat, bobcat or bay lynx; (k) the
raccoon; and (l) the fisher.
"Game" means game animals, game birds and game fish as herein
defined.
"Game animals" include: (a) The elk; (b) the deer; (c) the
cottontail rabbits and hares; (d) the fox squirrels, commonly
called red squirrels, and gray squirrels and all their color phases
-- red, gray, black or albino; (e) the raccoon; (f) the black bear;
and (g) the wild boar: Provided, That "game animals" does not
include privately owned deer and all its subspecies that are kept
pursuant to the provisions of article two-h, chapter nineteen of
this code.
"Game birds" include: (a) The Anatidae, commonly known as
swan, geese, brants and river and sea ducks; (b) the Rallidae,
commonly known as rails, sora, coots, mudhens and gallinales; (c)
the Limicolae, commonly known as shorebirds, plover, snipe,
woodcock, sandpipers, yellow legs and curlews; (d) the Galli,
commonly known as wild turkey, grouse, pheasants, quails and
partridges (both native and foreign species); and (e) the
Columbidae, commonly known as doves, and the Icteridae, commonly
known as blackbirds, redwings and grackle.
"Game fish" include: (a) Brook trout; (b) brown trout; (c) rainbow trout; (d) golden rainbow trout; (e) largemouth bass; (f)
smallmouth bass; (g)spotted bass; (h) striped bass; (i) chain
pickerel; (j) muskellunge; (k) walleye; (l) northern pike; (m) rock
bass; (n) white bass; (o) white crappie; (p) black crappie; (q) all
sunfish species; (r) channel catfish; (s) flathead catfish; (t)
sauger; and (u) all game fish hybrids.
"Hunt" means to pursue, chase, catch or take any wild birds or
wild animals.
"Lands" means land, waters and all other appurtenances
connected therewith.
"Migratory birds" means any migratory game or nongame birds
included in the terms of conventions between the United States and
Great Britain and between the United States and United Mexican
States, known as the "Migratory Bird Treaty Act", for the
protection of migratory birds and game mammals concluded,
respectively, the sixteenth day of August, one thousand nine
hundred sixteen, and the seventh day of February, one thousand nine
hundred thirty-six.
"Nonresident" means any person who is a citizen of the United
States and who has not been a domiciled resident of the state of
West Virginia for a period of thirty consecutive days immediately
prior to the date of his or her application for a license or permit
except any full-time student of any college or university of this
state, even though he or she is paying a nonresident tuition.
"Open season" means the time during which the various species
of wildlife may be legally caught, taken, killed or chased in a
specified manner, and shall include both the first and the last day
of the season or period designated by the director.
"Person" except as otherwise defined elsewhere in this
chapter, means the plural "persons" and shall include individuals,
partnerships, corporations or other legal entities.
"Preserve" means all duly licensed private game farmlands, or
private plants, ponds or areas, where hunting or fishing is
permitted under special licenses or seasons other than the regular
public hunting or fishing seasons: Provided, That "preserve" does
not include privately-owned lands that are kept pursuant to the
provisions of article two-h, chapter nineteen of this code.
"Protected birds" means all wild birds not included within the
definition of "game birds" and "unprotected birds".
"Resident" means any person who is a citizen of the United
States and who has been a domiciled resident of the state of West
Virginia for a period of thirty consecutive days or more
immediately prior to the date of his or her application for license
or permit: Provided, That a member of the armed forces of the
United States who is stationed beyond the territorial limits of
this state, but who was a resident of this state at the time of his
or her entry into such service, and any full-time student of any
college or university of this state, even though he or she is paying a nonresident tuition, shall be considered a resident under
the provisions of this chapter.
"Roadside menagerie" means any place of business, other than
commercial game farm, commercial fish preserve, place or pond,
where any wild bird, game bird, unprotected bird, game animal or
fur-bearing animal is kept in confinement for the attraction and
amusement of the people for commercial purposes.
"Take" means to hunt, shoot, pursue, lure, kill, destroy,
catch, capture, keep in captivity, gig, spear, trap, ensnare, wound
or injure any wildlife, or attempt to do so.
"Unprotected birds" shall include: (a) The English sparrow,
(b) the European starling, (c) the cowbird, and (d) the crow.
"Wild animals" means all mammals native to the state of West
Virginia occurring either in a natural state or in captivity,
except house mice or rats: Provided, That "wild animals" does not
include privately-owned deer and all its subspecies that are kept
pursuant to the provisions of article two-h, chapter nineteen of
this code.
"Wild birds" shall include all birds other than: (a) Domestic
poultry -- chickens, ducks, geese, guinea fowl, peafowls and
turkeys; (b) psittacidae, commonly called parrots and parakeets;
and (c) other foreign cage birds such as the common canary, exotic
finches and ring dove. All wild birds, either: (a) Those
occurring in a natural state in West Virginia; or (b) those imported foreign game birds, such as waterfowl, pheasants,
partridges, quail and grouse, regardless of how long raised or held
in captivity, shall remain wild birds under the meaning of this
chapter.
"Wildlife" means wild birds, wild animals, game and
fur-bearing animals, fish (including minnows), reptiles,
amphibians, mollusks, crustaceans and all forms of aquatic life
used as fish bait, whether dead or alive: Provided, That
"wildlife" does not include privately owned deer and all its
subspecies that are kept pursuant to the provisions of article
two-h, chapter nineteen of this code.
"Wildlife refuge" means any land set aside by action of the
director as an inviolate refuge or sanctuary for the protection of
designated forms of wildlife.
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-11. Sale of wildlife; transportation of same.
(a) 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 or her 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, except for privately
owned deer and all its subspecies that are kept pursuant to the
provisions of article two-h, chapter nineteen of this code:
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 and skull of a legally killed black bear may be sold.
(b) 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.
(c) The Each separate act of selling or exposing for sale,
having in possession for sale, transporting or carrying in
violation of this section shall each constitute constitutes 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.
(d) The director shall have authority to promulgate may
propose rules for promulgation in accordance with article three, chapter twenty-nine-a of this code, dealing with the sale of
wildlife and the skins thereof.
§20-2-12. Transportation of wildlife out of state; penalties.
(a) No person shall at any time may transport or have in his
or her possession with the intention of transporting beyond the
limits of the state, any species of wildlife or any part thereof
killed, taken, captured or caught within this state: Provided,
That a nonresident legally entitled to hunt and fish in this state
may take with him personally, when leaving the state, any wildlife
that he has lawfully taken or killed, not exceeding, during the
open season, the number that any person may lawfully take or kill
in any two days. This section shall not apply to persons legally
entitled to propagate and sell wild animals, wild birds, fish,
amphibians and other forms of aquatic life: Provided, however,
That licensed resident hunters and trappers and resident and
nonresident fur dealers may transport beyond the limits of the
state pelts of game and fur-bearing animals taken during the legal
season: Provided further,
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 also be transported beyond the
limits of the state. The director shall have authority to
promulgate rules and regulations may propose rules for promulgation
in accordance with article three, chapter twenty-nine-a of this
code, dealing with the transportation and tagging of wildlife and the skins thereof.
(b) Notwithstanding any provision of this section, any person
violating who violates the provisions of this section by
transporting or possessing with the intention of transporting
beyond the limits of this state, deer or wild boar, shall be deemed
considered to have committed a separate offense for each animal so
transported or possessed: Provided, That this section does not
apply to privately-owned deer or any of its subspecies that are
kept pursuant to the provisions of article two-h, chapter nineteen
of this code. Any person violating who violates the provisions of
this section shall be is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than twenty dollars nor
more than three hundred dollars and be imprisoned in the county or
regional jail not less than ten nor more than sixty days.
NOTE: The purpose of this bill is to
define, develop and
regulate the keeping of privately owned deer as an agricultural
enterprise in this state. The bill instills powers and duties to
certain state agencies and departments with respect to privately
owned deer. The bill also assigns authority and obligations to
certain state agencies and departments with respect to the
regulation of privately owned deer while, additionally, providing
for certain criminal penalties and remedies relative to its
provisions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Article two-h is new; therefore, strike-throughs and
underscoring have been omitted.
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