Senate Bill No. 496
(By Senators Bowman and Prezioso)
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[Introduced February 3, 2006; referred to the Committee
on Natural Resources.]
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A BILL to amend and reenact §20-2-12 of the Code of West Virginia,
1931, as amended, relating to transportation of wildlife
outside of the state; penalties; and allowing residents and
nonresidents to take legally killed, taken or captured game
out of the state.
Be it enacted by the Legislature of West Virginia:
That §20-2-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-12. Transportation of wildlife out of state; penalties.
No person shall at any time 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 person legally entitled to hunt and fish in this state may take with him or her personally, when leaving the state, any
wildlife that he or she 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 possess. 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 in
accordance with chapter twenty-nine-a of this code dealing with the
transportation and tagging of wildlife and the skins thereof.
Notwithstanding any provision of this section, any person
violating 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 to have committed a
separate offense for each animal so transported or possessed. Any
person violating the provisions of this section shall be 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 jail not less than ten nor more than sixty days.
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(NOTE: The purpose of this bill is to allow any person to
transport legally obtained game out of the state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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