H.
B.
4606
(By Delegates Preece, Whitman and H. White)
[Introduced February 24, 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 permits for landowners to kill deer and other wildlife that are destroying various cultivated crops; and limiting such permits to hunting season, to antlerless deer and to landowners who have not banned hunting, trapping and fishing by posting notices on their unenclosed lands.
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.
(c) Except as otherwise provided by this article, 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 and may kill these species only during regular hunting seasons:
Provided,
That wildlife killed pursuant to this section shall be in addition to any bag limits established for regular hunting seasons.
(d) The director may not issue any permits referred to in this section to owners or lessees of lands that are posted in accordance with the provisions of section eight of this article.
(e) Any permit issued to kill deer pursuant to this section is for the killing of antlerless deer only.
NOTE: The purpose of this bill is to restrict permits that landowners can obtain from the division of natural resources in order to kill deer and other wildlife that are destroying various cultivated crops on their land. Such permits could only be approved for use during hunting season, for antlerless deer and for landowners who have not prohibited hunting, trapping and fishing by posting notices on their unenclosed lands. Kills under such permits would be excluded from regular bag limits.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.