H. B. 2836
(By Delegate Compton)
[Introduced March 28, 1997; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend and reenact section fifty-three, article two,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to further amend
said article by adding thereto a new section, designated
section forty-six-n, all relating to licensing of privately
accessed streams as commercial fishing preserves; Class Y
fishing license created; and license fees.
Be it enacted by the Legislature of West Virginia:
That section fifty-three, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated
section forty-six-n, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-46n. Class Y commercial fishing preserve stream license.
A Class Y license shall be a commercial fishing preserve
license to fish for stocked sport fish placed in streams of this
state pursuant to commercial fishing preserve licensing
provisions of section fifty-three of this article. A Class Y
license shall be issued without regard to state residency, and
the fee for a Class Y license is five dollars for a period of
three consecutive days or two dollars for a single day.
§20-2-53. License for privately owned commercial fishing
preserve.
The director may issue a license for the operation of a
private pond, or privately owned pond or impoundment, or
privately accessed trout stream, to be used as a commercial
fishing preserve, provided such impoundments waters meet the
requirements of section twenty-seven of this article: Provided,
however, That only one license shall be required where more than
one private pond, or privately owned pond or impoundment, or
privately accessed trout stream, is operated under one ownership
and management and on one separate commercial fishing preserve.
The licensee shall have the authority to establish the fishing
seasons, size and creel limits for such licensed pond or
impoundment fishing preserve. A person fishing in such lake waters shall not be required to possess the same statewide
fishing license as would be required of him or her if he or she
were fishing in any of the public waters of this state not
licensed as a fishing preserve.
The annual fee for the commercial fishing preserve license
shall be twenty-five dollars.
NOTE: The purpose of this bill is to provide that a
privately accessed trout stream may be licensed as a commercial
fishing preserve, and to provide a Class Y license to fish in a
commercial fishing preserve.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§20-2-46n is new; therefore, strike-throughs and
underscoring have been omitted.