H. B. 2799


(By Delegates Proudfoot, Beach, Buchanan, Damron, Willis, Border and Leggett)


(Originating in the Committee on Agriculture &

Natural Resources)


[March 27, 1997]


A BILL 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 non- resident 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 to amend article two-b of said chapter by adding thereto a new section, designated section ten to read as follows:
CHAPTER 20. NATURAL RESOURCES.

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 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 seventy one hundred dollars except that the fee for residents of Kentucky, Maryland, Ohio, Pennsylvania and Virginia shall be seventy dollars or an amount equal to the fee which the applicant's state of residence charges residents of West Virginia for a similar license to hunt in that state, whichever is greater.
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., on and after the first day of July, one thousand nine hundred eighty-nine 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-twenty 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 twenty-five 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 department 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 regulations 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 department 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 and regulations 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.

On and after the first day of January, one thousand nine hundred eighty-nine, a 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 or regulations 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 nonresident shall be ten dollars. The revenue derived from the sale of this license shall be deposited in the state treasury and credited to the department 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 shall be is valid only when affixed thereto.
§20-2-46g. Class RR special nonresident deer hunting stamp for an additional deer.

The director shall have has the authority to issue a special Class RR nonresident deer stamp when he or she determines deems 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 non- resident deer stamp shall be twenty-five dollar: 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 promulgate propose legislative rules in accordance with article three, chapter twenty-nine-a of this code and regulations governing the issuance and use of said the stamp.
§20-2-46i. Class U resident and Class UU nonresident archery deer hunting licenses.

On or after the first day of January, one thousand nine hundred eighty-nine, a 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 and regulations 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 shall be is 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 such a duration as 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.

On or after the first day of January, one thousand nine hundred eighty-nine, a 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 and regulations 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 shall be is valid only when accompanied thereby.
ARTICLE 2B. WILDLIFE ENDOWMENT FUND.
§20-2b-10. Law Enforcement and Sporty Education Stamp.
On or after the first day of January, one thousand nine hundred ninety-eight, any 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, 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 an sports education stamp shall be 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.