Senate Bill No. 439
(By Senators Boley and Kimble)
[Introduced February 20, 1995; referred to the Committee
on Natural Resources.]
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
sixty-four, relating to falconry as a legal means of
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
sixty-four, to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-64. Taking, holding, etc. of falcons, hawks and owls; use
of same in hunting wild game.
(a) Falconry is a lawful means of hunting and constitutes
a legal basis for the possession of otherwise protected raptorial
birds in conformance with the laws and regulations of the United
(b) Notwithstanding any other provision of law, the
(1) Promulgate any rules necessary to implement, administer
and enforce this section, including, but not limited to,
licensure requirements and fees: Provided, That those rules are
consistent with this article and all applicable federal laws and
(2) Permit the taking, trapping, holding, transportation,
carriage and shipment of live falcons, hawks and owls. The fee
for this annual permit shall be fifty dollars and the permit
shall entitle the holder thereof to possess not more than three
of any such birds at one time. The fee for renewing a permit, if
such permit is valid at the time of application for renewal or
has expired within the preceding six months, shall be twenty-five
(3) Authorize the use of falcons, hawks and owls to hunt
and take all species of wild birds and wild animals. However, the hunting of migratory game birds shall be in accordance with
the provisions of this article and shall require appropriate
licenses as provided in this article.
(c) The permits provided in this section may be obtained
from the division.
(d) Any person who violates any provision of this section
is guilty of a misdemeanor, and, upon conviction, shall be fined
not less than fifty dollars nor more than five hundred dollars.
NOTE: The purpose of this bill is to specifically allow the
practice of falconry as a legal means of hunting wild birds and
§20-2-64 is new; therefore, strike-throughs and underscoring
have been omitted.