ENROLLED
H. B. 2266
(By Delegates Nicol, Evans and Love)
[Passed March 26, 1993; in effect ninety days from passage.]
AN ACT to amend and reenact section fifteen, article two, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to permitting the
killing of deer or other wildlife causing damage to
cultivated crops, trees, commercial nurseries, homeowners'
shrubbery and vegetable gardens; weapon restrictions.
Be it enacted by the Legislature of West Virginia:
That section fifteen, 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.
§20-2-15. Permit to kill deer or other wildlife causing damage
to cultivated crops, trees, commercial nurseries,
homeowners' shrubbery and vegetable gardens; weapon
restrictions.
(a) Whenever it shall be found that deer or other wildlife
are causing damage to cultivated crops, fruit trees, commercial
nurseries, homeowners' trees, shrubbery or vegetable gardens, theowner or lessee of the lands on which such damage is done may
report such finding to the conservation officer or biologist of
the county in which such lands are located or to the director.
The director shall then investigate the reported damage and if
found substantial, shall issue a permit to the owner or lessee to
kill one or more deer or other wildlife in the manner prescribed
by the director.
(b) In addition to the foregoing, the director shall
establish procedures for the issuance of permits or other
authorization necessary to control deer or other wildlife causing
property damage.
(c) All persons attempting to kill deer or other wildlife
pursuant to this section are subject to the same minimum caliber
restrictions and other firearm restrictions and the same minimum
bow poundage and other bow and arrow restrictions that apply when
hunting the same animal species during the regular hunting
seasons.