H. B. 4053
(By Mr. Speaker, Mr. Chambers, and Delegates Martin,
Michael and Mezzatesta)
[Introduced January 19, 1994; referred to the
Committee on Agriculture and Natural Resources.]
A BILL to amend and reenact section five-a, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, and to further amend said article two, by adding thereto a new section, designated section five-c, relating to prohibiting the hunting or taking of bald and golden eagles; replacement value for bald and golden eagles; protection of bald eagles and golden eagles; unlawful acts; criminal penalties; forfeitures; and license revocation.
Be it enacted by the Legislature of West Virginia:
That section five-a, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article two be further amended by adding thereto a new section, designated section five-c, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5a. Forfeiture by person causing injury, death or destruction of game or protected species of animal; replacement values thereof; forfeiture procedures.
Any person who is convicted of violating any criminal law of this state and the violation causes or results in the injury, death or destruction of game, as defined in section two, article one of this chapter, or a protected species of animal, in addition to any other penalty to which he/she is subject, shall forfeit the cost of replacing such game or protected species of animal to the state. For such purpose, replacement values for game and protected species of animals are as follows:
(1) For each game fish or each fish of a protected species taken illegally other than by pollution kill, five dollars for each pound and any fraction thereof;
(2) For each bear or elk, five hundred dollars;
(3) For each deer or raven, two hundred dollars;
(4) For each wild turkey, hawk or owl, one hundred dollars;
(5) For each beaver, otter or mink, twenty-five dollars;
(6) For each muskrat, raccoon, skunk or fox, fifteen dollars;
(7) For each rabbit, squirrel, opossum, duck, quail, woodcock, grouse or pheasant, ten dollars;
(8) For each wild boar, two hundred dollars;
(9) For any other game or protected species of animal, ten dollars each;
(10) For each bald eagle, five thousand dollars; and
(11) For each golden eagle, two thousand five-hundred dollars.
The court upon convicting such person shall order him/her to forfeit to the state the proper amount based on the values set forth herein for the game or protected species of animal the injury, death or destruction of which he/she caused or which resulted from his/her criminal act. If two or more defendants are convicted for the same violation causing, or resulting in, the injury, death or destruction of game or protected species of animal, the forfeiture shall be declared against them jointly and equally. The forfeiture shall be paid by the person so convicted and ordered to pay the forfeiture within the time prescribed by the court, but not exceeding sixty days. In each instance, the court shall pay such forfeiture to the state treasury where it shall be credited to the department of natural resources to be used only for the replacement, habitat management or enforcement programs for injured, killed or destroyed game or protected species of animal.
§20-2-5c. Protection of bald eagles and golden eagles; unlawful acts; criminal penalties; forfeitures; license revocation.
(a) It is unlawful at any time for any person to take, possess, transport, import, export or process, sell or offer for sale, buy, barter or trade or offer to buy, barter or trade at any time or in any manner, any bald eagle, also commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest or egg thereof of the foregoing eagles.
(b) Anyone who violates the provisions of this section is guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five hundred dollars nor more than five thousand dollars or imprisoned in the county jail not less than sixty days nor more than one year, or both fined and imprisoned. One half of any fine imposed shall be paid to any person or persons providing information that leads to the arrest and conviction of anyone violating the provisions of this section.
(c) For a second or subsequent conviction for a violation of this section, a person is guilty of a felony and shall be fined not less than five thousand dollars nor more than ten thousand dollars and imprisoned in the penitentiary for not less than one year nor more than two years. An amount equal to one half of the fine imposed, not exceeding two thousand five hundred dollars, shall be paid to the person or persons providing information that leads to the arrest and conviction of anyone for a second or subsequent violation of the provisions of this section.
(d) "Take" is defined as including any means to pursue, hunt, wound, kill, capture, collect, poison, molest, or knowingly or willfully destroy the nest or eggs of any such eagles or have in his/her possession such nests or eggs, or attempt to do these acts.
(e) Nothing in this section may be construed to prohibit the possession or transportation of eagles held legally under the current federal Eagle Protection Act, Statute 16 USC 668a Regulation 50 CFR 22.
(f) All wildlife, merchandise, guns, traps, nets and other equipment, vessels, vehicles, aircraft and other means of transportation used to and in taking, possessing, transporting, importing, exporting, selling or offering for sale, purchasing or bartering or offering to purchase or barter any eagle or part, nest, or egg thereof in violation of this section shall be forfeited, at the time of conviction, to the state.
(g) Upon conviction of taking or attempting to take any eagle, the hunting licenses of such person or persons may be revoked and such person or persons shall not be issued any new hunting licenses for a period of ten years from the date of conviction.