H. B. 2266

(By Delegates Nicol, Evans and Love)
[Introduced February 24, 1993; referred to the
Committee on Agriculture and Natural Resources.]

A BILL 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, or commercial nurseries, homeowners' trees, shrubbery or vegetablegardens, the owner 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.

NOTE: The purpose of this bill is to add homeowners' trees, shrubbery and vegetable gardens to the list of areas damaged by deer or other wildlife, which may be reported, investigated and killed if need be.