H.
B.
4320
(By Delegates Hendricks, Dempsey and Preece)
[Introduced February 2, 1994; 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 natural resources; wildlife resources; and killing deer or other wildlife causing damage to crops.
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
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2
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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, 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 and the director shall take all precautions necessary to ensure that deer or other wildlife are not being killed or slaughtered indiscriminately. To that effect, the director shall limit the number of deer or other wildlife that may be killed under the provisions of this section and enforce such limitations.
(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 limit the killing of deer by farmers who are claiming crop damage.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.