H. B. 4434


(By Delegate Staton (By Request))
[Introduced February 10, 1994; referred to the
Committee on Agriculture and Natural Resources.]




A BILL to amend and reenact section nineteen, article seven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article seven by adding thereto a new section, designated section nineteen-a, all relating to creating a no-wake period from one hour before sunset to one hour after sunrise to permit still water fishing on all state lakes which have public fishing access; and making violations of the no-wake period subject to criminal penalty.
Be it enacted by the Legislature of West Virginia:

That section nineteen, article seven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section nineteen-a, all to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

§ 20 - 7 - 19. Water skiing and surfboarding.

(a) No person shall operate a vessel on any waters of this state towing a person or persons on water skis, surfboard or similar device, nor shall any person engage in water skiing, surfboarding or similar activity at any time between the hours from one hour after sunset to one hour before sunrise subject to the prohibition imposed by section nineteen-a of this article.

(b) The provisions of subsection (a) of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under section twenty of this article.
(c) No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, surfboard or similar device may be affected or controlled in such a way as to cause water skis, surfboard or similar device, or any person thereon to collide with or strike against any object or person.
 § 20-7-19a. Preferential fishing periods on public access lakes.
Notwithstanding any other provision of this article or any rule adopted by the director, it shall be unlawful for any person to create a wake by means of a recreational water vessel or activity during the period between one hour before sunset to one hour after sunrise on all artificial or natural lakes in this state that have public access for fishing purposes. Any person violating this section shall be subject to the penalties imposed in section nine of this article.



NOTE: The purpose of this bill is to create a no-wake period from one hour before sunset to one hour after sunrise to permit still water fishing on all state lakes which have public fishing access. Violations of the no-wake period would be to subject to a criminal misdemeanor carrying a fine of from $20 to $300 and/or a jail term of from ten days to one hundred days.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

Section nineteen-a is new; therefore, strike-throughs and underscoring have been omitted.