COMMITTEE SUBSTITUTE

FOR

H. B. 4053

(By Delegates Mezzatesta, Michael,

Willis, Campbell, Osborne,

Ashley

and Willison)

(Originating in the Committee on Agriculture and Natural Resources)

[February 4, 1998]

A BILL to amend and reenact section fifteen, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to wildlife damage; modifying the extent of damage necessary to issue a permit; expanding the protection for landowners who suffer from wildlife damage to include owners of Christmas tree farms and grasslands; allowing permits to be issued authorizing the killing of wildlife causing damage; and requiring the director to initiate and maintain deer population control.

Be it enacted by the Legislature of West Virginia:
That section fifteen, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-15. Permit to kill wildlife causing damage to cultivated crops, trees, grasslands, commercial nurseries, homeowners' shrubbery and vegetable gardens; weapon restrictions; and deer population control.

(a) Whenever it shall be is found that deer or other wildlife are is causing damage to cultivated crops, Christmas trees, grasslands, fruit trees, commercial nurseries, homeowners' trees, shrubbery or vegetable gardens, the owner or lessee of the lands on which such the damage is done may report such the finding to the director or to the conservation officer or biologist of the county in which such the lands are located. or to the director The director shall then investigate the reported damage. and if found substantial, shall issue a permit to the owner or lessee to kill one or more deer or other wildlife in the manner prescribed by the director If confirmed, the director, the conservation officer or biologist of the county shall issue to the owner or lessee all permits that are necessary to authorize the killing of wildlife so that damage may be minimized.
(b) In addition to the foregoing, the director shall establish procedures for the issuance of permits or other authorization necessary to control deer or other wildlife causing property damage.
(c) All persons attempting to kill deer or other wildlife pursuant to this section are subject to the same minimum caliber restrictions and other firearm restrictions and the same minimum bow poundage and other bow and arrow restrictions that apply when hunting the same animal species during the regular hunting seasons.
 (d) The director shall take whatever action necessary within the next three years commencing on the first day of July, one thousand nine hundred ninety-eight, through and including the first day of July, two thousand one, and thereafter, to maintain the deer population in each county at not more than thirty deer per square mile in the county.



NOTE: The purpose of this bill is to include owners of Christmas tree farms and grassland in the list of landowners that may be given special permits to kill wildlife that is causing crop damage. "Substantial damage" to crops is no longer a prerequisite. The Director of the Division of Natural Resources is authorized to take any action within the next three years to control the deer population.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

AGRICULTURE AND NATURAL RESOURCES COMMITTEE AMENDMENT

On page three, section fifteen, line two, following the word "shall", by striking out the words "take whatever action necessary" and inserting in lieu thereof the words "use whatever lawful methods are available to him to permit licensed hunters to assist in control of the state's deer population".
AGRICULTURE AND NATURAL RESOURCES TITLE AMENDMENT "A Bill to amend and reenact section fifteen, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to wildlife damage; modifying the extent of damage necessary to issue a permit; expanding the protection for landowners who suffer from wildlife damage to include owners of Christmas tree farms and grasslands; allowing permits to be issued authorizing the killing of wildlife
causing damage; and requiring the director to use all lawful methods to permit licensed hunters to assist in the control of the state's deer population."