ENROLLED
Senate Bill No. 1004
(By Senators Tomblin, Mr. President, and Buckalew,
By Request of the Executive)
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[Passed April 20, 1997; in effect from passage.]
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AN ACT to amend and reenact sections forty-three, forty-six-b,
forty-six-c, forty-six-g, forty-six-i, forty-six-j and
forty-six-k, article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to amend article two-b of said chapter by adding thereto
a new section, designated section ten, all relating to
nonresident sportsman fees; and providing for a law- enforcement and sports education stamp.
Be it enacted by the Legislature of West Virginia:
That sections forty-three, forty-six-b, forty-six-c, forty- six-g, forty-six-i, forty-six-j and forty-six-k, article two,
chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and
that article two-b of said chapter be amended by adding thereto
a new section, designated section ten, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-43. Class E, Class EE, Class F, Class G and Class H licenses for nonresidents.
On or after the first day of January, one thousand nine
hundred ninety-eight, the licenses in this section shall be
required of nonresidents to hunt and fish in West Virginia. A
Class E license shall be a nonresident hunting license and shall
entitle the licensee to hunt all legal species of wild animals
and wild birds in all counties of the state, except when other
licenses or permits are required. It shall be issued only to
citizens of the United States or Canada and to unnaturalized
persons who possess the permit referred to in section twenty-nine
of this article who are not residents of this state. The fee
therefor shall be one hundred dollars.
A Class EE license shall be a nonresident bear hunting
license and shall entitle the licensee to hunt bear in all
counties of the state, except when additional licenses or permits
are required. It shall be issued only to citizens of the United
States or Canada and to unnaturalized persons who possess the
permit referred to in section twenty-nine of this article who are
not residents of this state. The fee therefor shall be one
hundred fifty dollars.
A Class F license shall be a nonresident fishing license and
shall entitle the licensee to fish for all fish in all counties
of the state except when additional licenses or permits are
required. It shall be issued only to citizens of the United
States or Canada and to unnaturalized persons who possess the permit referred to in section twenty-nine of this article who are
not residents of this state. The fee therefor shall be thirty
dollars.
Trout fishing is not permitted with a Class F license unless
such license has affixed thereto an appropriate trout stamp as
prescribed by the division of natural resources.
A Class G license shall be a family fishing license and
shall entitle the licensee and members of his family to fish
within the territorial limits of state parks and state forests
and in the waters of streams bounding same, for a distance of not
to exceed one hundred yards from the exterior boundary of any
state park or state forest, except when additional licenses or
permits are required, for a period not to exceed one week. It
may be issued to any adult resident or nonresident who is
temporarily residing in any state park or forest as tenant or
lessee of the state. The fee therefor shall be ten dollars for
the head of the family, plus two dollars additional for each
member of his family to whom the privileges of such license are
extended. Class G licenses may be issued in such manner and under
such rules as the director may see fit to prescribe.
Trout fishing is not permitted with a Class G license unless
such license has affixed thereto an appropriate trout stamp as
prescribed by the division of natural resources. The trout stamp
must be affixed to the license of the head of the family only.
A Class H license shall be a nonresident small game hunting
license and shall entitle the licensee to hunt small game in all counties of the state, except when additional licenses or permits
are required, for a period of six days beginning with the date it
is issued. It shall be issued only to citizens of the United
States or Canada who are not residents of this state. The fee
therefor shall be twenty dollars. As used in this section,
"small game" means all game except bear, deer, wild turkey and
wild boar.
§20-2-46b. Class N special deer hunting license.
A Class N license is a special deer hunting license for
antlerless deer of either sex and entitles the licensee to hunt
for and kill antlerless deer of either sex during the Class N
license season. The fee for a Class N license is eight dollars.
The Class N license may be issued only for the purpose of
removing antlerless deer when the director deems it essential for
proper management of wildlife resources. The director shall
establish such rules governing the issuance of such Class N
licenses as he deems necessary to limit, on a fair and equitable
basis, the number of persons who may hunt for antlerless deer in
any county, or any part of a county.
When the director deems it essential that Class N license
season be held in a particular county or part of a county, that
season shall be set by the natural resources commission as
provided for in section seventeen, article one of this chapter.
Bona fide resident landowners or their resident children,
bona fide resident tenants of such land, and any bona fide resident stockholder of resident corporations which are formed
for the primary purpose of hunting or fishing and which are the
fee simple owners of no less than one thousand acres of land upon
which such antlerless deer may be hunted are not required to have
a Class N license in their possession while hunting antlerless
deer on their own land during the Class N license season.
A Class N license may be issued only to a resident of this
state who holds a valid Class A, Class A-L, Class AB, Class AB-L,
Class X or Class XJ license issued for the current calendar year
or a resident of West Virginia who is not required to obtain a
license or permit to hunt as provided in section twenty-eight,
article two of this chapter, except that this requirement shall
not apply to persons under the age of fifteen. The director
shall require proof of age before issuing a Class N license, and
such license shall contain a space for recording the number of
the valid Class A, Class A-L, Class AB, Class AB-L, Class X or
Class XJ license. If at any time prior to the Class N deer
hunting season the director determines that there is a surplus of
Class N licenses after the demand for such licenses by residents
of this state has been met, such surplus licenses may be issued
to nonresidents who hold a valid Class E hunting license. The
fee for a Class N license issued to a nonresident shall be
twenty-five dollars.
§20-2-46c. Class O resident and nonresident trout fishing
license.
A Class O license shall be a resident and nonresident
statewide trout fishing license and shall entitle the licensee to
fish for trout in all counties of the state, except as prohibited
by rules of the director.
The fee shall be seven dollars and fifty cents: Provided,
That on and after the first day of January, one thousand nine
hundred ninety-eight, the fee for residents shall be seven
dollars and fifty cents and the fee for nonresidents shall be ten
dollars. The revenue derived from the sale of this license shall
be deposited in the state treasury and credited to the division
of natural resources and shall be used and paid out, upon order
of the director, for state trout hatchery production.
This license shall be issued in the form of a stamp
prescribed by the director, shall be in addition to a Class AB,
AB-L, B, B-L, F, G, K, X or XJ license and is valid only when
affixed thereto.
§20-2-46g. Class RR special nonresident deer hunting stamp for
an additional deer.
The director has the authority to issue a special Class RR
nonresident deer stamp when he or she determines it essential for
the proper management of the wildlife resources. This stamp will
allow the holder to hunt for and kill an additional deer as
designated by the director. The fee for a Class RR nonresident
deer stamp shall be twenty-five dollars: Provided, That on and
after the first day of January, one thousand nine hundred ninety-eight, the fee shall be thirty dollars.
The director shall propose legislative rules in accordance
with article three, chapter twenty-nine-a of this code governing
the issuance and use of the stamp.
§20-2-46i. Class U resident and Class UU nonresident archery
deer hunting licenses.
A Class U license shall be a resident statewide archery deer
hunting license. A Class UU license shall be a nonresident
statewide archery deer hunting license. A Class U or Class UU
license shall entitle the licensee to hunt for and kill deer with
a bow during the archery deer season in all counties of the
state, except as prohibited by the rules of the director or
commission. The fee for the Class U archery deer license shall
be five dollars. The fee for the Class UU license shall be ten
dollars: Provided, That on and after the first day of January,
one thousand nine hundred ninety-eight, the fee shall be twenty- five dollars.
The licenses shall be issued in a form prescribed by the
director, shall be in addition to a Class A, Class AB or Class E
license and are valid only when accompanied thereby.
§20-2-46j. Class V resident and Class VV nonresident muzzle-
loading deer hunting licenses.
There shall be a special season of at least three days each
year for the taking of deer with muzzle-loading firearms, either
rifles or pistols, to be set at such time and to be of a duration determined by the commission. For a minimum of two days during
this season, deer of either sex may be taken with muzzle-loading
firearms in all counties open for the taking of antlerless deer
as provided in section forty-six-b of this article. Antlered
deer only may be taken in all other counties open for the taking
of deer with firearms.
Only single shot muzzle-loading firearms with iron sights
having a bore diameter of no less than thirty-eight one- hundredths inch are legal firearms for the taking of deer during
the special season provided herein.
The special season provided herein shall be concurrent with
all other seasons designated for the taking of game.
Any person wishing to hunt for and kill deer during the
special muzzle-loading season must possess a valid Class V or
Class VV license, except that this requirement does not apply to
a resident of West Virginia who is not required to obtain a
license or permit to hunt as provided in this chapter. A Class
V license shall be a resident muzzle-loading deer hunting
license. A Class VV license shall be a nonresident
muzzle-loading deer hunting license. The licenses shall be issued
in a form prescribed by the director, are in addition to a Class
A, Class AB or Class E license and are valid only when
accompanied thereby. The fee for the Class V license shall be
five dollars. The fee for the Class VV license shall be ten
dollars: Provided, That on and after the first day of January, one thousand nine hundred ninety-eight, the fee shall be twenty- five dollars.
§20-2-46k. Class W resident and Class WW nonresident turkey
hunting licenses.
A Class W license shall be a resident turkey hunting
license, and a Class WW license shall be a nonresident turkey
hunting license. A Class W or Class WW license shall entitle the
licensee to hunt for and kill turkey during any turkey hunting
season, except as prohibited by the rules of the director or
commission. The fee for the Class W turkey hunting license shall
be five dollars. The fee for the Class WW license shall be ten
dollars: Provided, That on and after the first day of January,
one thousand nine hundred ninety-eight, the fee shall be twenty- five dollars.
The licenses shall be issued in a form prescribed by the
director, shall be in addition to a Class A, Class AB or Class E
license and are valid only when accompanied thereby.
ARTICLE 2B. WILDLIFE ENDOWMENT FUND.
§20-2B-10. Law-enforcement and sports education stamp.
On or after the first day of January, one thousand nine
hundred ninety-eight, any nonresident hunter, angler or trapper
licensed to hunt, fish or trap in this state, in addition to a
hunting, fishing or trapping license of Class E, EE, F, G, H or
K in the case of a nonresident, shall have a law-enforcement and
sports education stamp which shall be issued by the division of natural resources. The stamp shall be sold at places where
hunting, fishing or trapping licenses are sold. The fee for the
law-enforcement and sports education stamp is five dollars for a
nonresident of West Virginia.
The revenue derived from the sale of law-enforcement and
sports education stamps shall be deposited in the state treasury
and shall be credited to the division of natural resources, law-
enforcement section. The revenue shall be used and paid out,
upon order of the director, for the law-enforcement section's
expenses relating to the general enforcement of state laws
pertaining to the conservation of fish and wildlife and or law- enforcement education programs for hunters, anglers, trappers and
boaters: Provided, That no expenditures of the revenue derived
from the sale of the law-enforcement and sports education stamp
shall be made for law-enforcement purposes not directly related
to the wildlife resources of the state or for the aforementioned
educational programs. Any unexpended moneys derived from the
sale of law-enforcement and sports education stamps shall be
carried forward to the next fiscal year and expended for law- enforcement and educational programs.