H. B. 4514

(By Delegate McGraw, Heck, Love, Preece, Vest,

Anderson and Border)

(Originating in the House Committee on Agriculture

and Natural Resources)


[February 16, 1994]

A BILL to amend article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-b, relating to promulgation of rules relating to hunting and fishing by disabled persons.
Be it enacted by the Legislature of West Virginia:

That article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one-b, to read as follows:
 ARTICLE 2. WILDLIFE RESOURCES.
§ 20-2-1b. Rules relating to hunting and fishing by disabled persons.

(a) The Legislature finds that, in order to further implement and make effective the public policy, as declared in section one, article two of this chapter, that the wildlife resources of this state shall be protected for the use and enjoyment of all of the citizens of this state, it is desirable to authorize and require the director of the division of natural resources to promulgate legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, to further the enjoyment of such resources by disabled persons licensed, permitted or otherwise authorized by law to hunt or fish in this state.

(b) Accordingly, in addition to the rules authorized or required to be promulgated by the director pursuant to other sections of this article, the director is hereby authorized and required to promulgate legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, to further the enjoyment of the wildlife resources of this state by disabled persons licensed, permitted or otherwise authorized to hunt or fish in this state.
(c) In promulgating such rules the director may, pursuant to the authority vested in him by the provisions of section five of this article, authorize such disabled persons to engage in specified methods of hunting or fishing: Provided, That any legislative rules promulgated by the director under the authority of any provisions of this article may impose reasonable restrictions or limitations relating to hunting or fishing by disabled persons as necessary for the preservation of the public health, safety or welfare, including the health, safety and welfare of the disabled person.

NOTE: The purpose of this bill is to authorize and require the director of the division of natural resources to promulgate rules relating to hunting and fishing by disabled persons.