Senate Bill No. 397
(By Senators Whitlow, Schoonover, Miller and Anderson)
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[Introduced February 21, 1994; referred to the Committee
on Agriculture; and then to the Committee on Finance.]
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A BILL to amend chapter nineteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty, relating
to preventing the introduction, reintroduction or additional
release of predatory species or exotic wildlife into the
state's ecosystem; setting forth legislative findings,
intent, purpose and definitions; delineating violations,
rule-making authority; and criminal and civil penalties.
Be it enacted by the Legislature of West Virginia:
That chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article thirty, to read
as follows:
ARTICLE 30. PROTECTION OF AGRICULTURE INTERESTS.
I. PREDATOR CONTROL
§19-30-1. Legislative findings, intent and purpose.
The Legislature hereby finds that certain predatory and
exotic species of wildlife threaten the native wildlife,
agricultural interests and public health and safety of the stateand particularly endanger economically advantageous forms of
commercial livestock production. It is, therefore, the intent of
the Legislature to limit and control the intentional or
inadvertent introduction, reintroduction or release into West
Virginia's ecosystem of any potentially harmful predators or
other exotic wildlife, whether native or nonnative, by any
person, organization or government entity.
§19-30-2. Definitions.
Unless the context clearly indicates otherwise, as used in
this article:
(a) "Agricultural interests" means activities including, but
not limited to, horticulture, viticulture, forestry, dairy,
livestock, poultry, bees and other traditional and nontraditional
farm production.
(b) "Commissioner" means the commissioner of agriculture or
his or her designee.
(c) "Department" means the department of agriculture.
(d) "Director" means the director of the division of natural
resources or his or her designee.
(e) "Division" means the division of natural resources of
the department of commerce, labor and environmental resources.
(f) "Exotic species" means any wildlife, native or
nonnative, including amphibians, reptiles, mollusks, crustaceans
or ovids, currently not found in a wild, free or unconfined
status in the state and not introduced as nontraditional
agriculture under the provisions of article twenty-nine of thischapter.
(g) "Person" means any natural person, firm, partnership,
club, association, institution or corporation, any public or
governmental entity, and each officer, agent or employee thereof.
(h) "Predator" or "predatory species" means any large
carnivorous mammal, whether endemic or nonendemic, including, but
not limited to, foxes, wolves, coyotes, lions, tigers, panthers,
pumas or mountain lions, but not domestic dogs and cats or bears,
and any other exotic wildlife that is predacious upon West
Virginia's domestic or nontraditional livestock.
(i) "Wildlife" means wild birds, wild animals, game and fur-
bearing animals, fish (including minnows), frogs and other
amphibians, aquatic turtles and all forms of aquatic life used as
fish bait, whether dead or alive.
§19-30-3. Enumeration of predators; notice; rulemaking;
enforcement.
The commissioner of agriculture, in cooperation with the
director of the division of natural resources, shall identify
with specificity all native and nonnative wildlife to be defined
as predators whose introduction, reintroduction or release into
the state is prohibited by this article. Annually on the first
day of July, the commissioner shall enumerate predators
determined to be a danger to domestic and nontraditional
livestock production and the director shall enumerate predators
determined to be a danger to native wildlife or to public health
and safety and both the commissioner and the director shall causea joint list of prohibited predators to be published in a manner
that insures widespread notice to private and commercial
interests and affected public and governmental entities.
The commissioner in administering all provisions of this
chapter and the director in administering all provisions of
chapter twenty of this code shall enforce the prohibitions set
forth in this article on all predators annually enumerated by the
commissioner and the director. Both the commissioner and the
director are empowered to promulgate rules that give effect to
the intent of this article and, notwithstanding any other
provision of this code, no permit or authorization for the
importation, transportation or possession of any animal within
the state may be issued by the commissioner or the director in
contravention of this article.
Persons adversely affected by an action of the commissioner
or director under provisions of this article shall be provided
due process pursuant to the hearing procedures adopted
respectively by the commissioner and director in accordance with
chapter twenty-nine-a of this code.
§19-30-4. Violations; exceptions.
(a) It is unlawful for any person to import, transport, or
possess within this state any wildlife designated as a predator
by this article or by action of the commissioner or director
except under an approved permit for the limited purposes of a
bona fide exhibit or a controlled educational activity.
(b) It is unlawful for any common carrier to transport intothe state, or to receive for such transport, any wildlife
designated as a predator by this article or by action of the
commissioner or director except pursuant to an approved permit
for the limited purpose of a bona fide exhibit or a controlled
educational activity.
(c) It is unlawful for any public or private person,
including any entity of the state or federal government, to
release or introduce any predator as designated by this article
or by action of the commissioner or director for any purpose,
whether intentional or inadvertent, within the boundaries of the
state of West Virginia or in a manner that facilitates its
invasion of West Virginia's ecosystem.
§19-30-5. Penalties.
(a) Criminal penalties.
Any person who violates the provisions of this article is
subject to the following:
(1) The importation, transportation or possession of any
designated predator into the state is a misdemeanor, and, upon
conviction thereof, the violator shall be fined not more than
five hundred dollars.
(2) The inadvertent release into the state of any designated
predator is a misdemeanor, and, upon conviction thereof, the
violator shall be fined not more than one thousand dollars.
(3) The intentional release into the state of any designated
predator is a felony, and, upon conviction thereof, the violator
shall be fined not more than fifty thousand dollars or imprisonedfor not more than one year.
(b) Administrative penalties.
(1) Any person violating a provision of this article may be
assessed a civil penalty by the commissioner or director. In
determining the amount of any civil penalty, the commissioner or
director shall give due consideration to the history of previous
violations of any person, the seriousness of the violation, and
the demonstrated good faith of any person charged in attempting
to achieve compliance with this article before and after written
notification of the violation.
(2) The commissioner or director may assess a penalty of up
to two hundred dollars for the inadvertent release of a
designated predator into the state and up to fifty thousand
dollars for the intentional release of a predator.
(3) The administrative penalty is payable to the state of
West Virginia and is collectible in any manner now or hereafter
provided for collection of debt. If any person liable to pay the
administrative penalty neglects or refuses to pay the same, the
amount of the administrative penalty, together with interest at
ten percent of the penalty due, is a lien in favor of the state
of West Virginia upon the property of such a person after such
lien has been entered and docketed to record in the county where
any property of the violator is situated. The clerk of the
county, upon receipt of the certified copy of such lien, shall
enter same to record without requiring the payment of costs as a
condition precedent to recording.
(c) Notwithstanding any other provision of law to the
contrary, the commissioner or director may promulgate and adopt
rules which permit consent agreements or negotiated settlements
for the administrative penalties assessed as a result of
violation of the provisions of this article.
(d) No state court may allow for the recovery of damages for
any administrative action taken, if the court finds that there
was a probable cause for such action.
NOTE: The purpose of this bill is to prohibit the
introduction, reintroduction or additional release into the
state's ecosystem of extinct or nonnative wildlife or of any
other animals or fish which would be predatory on the domestic
or nontraditional livestock of the state, whether such release
was intentional or inadvertent and was undertaken by a private
party or governmental organization. Particular emphasis is to
control predatory carnivores including, but not limited to,
foxes, wolves, coyotes, lions, tigers, panthers, pumas and
mountain lions.
This article is new; therefore, strike-throughs and
underscoring have been omitted.