H. B. 4062
(
By Delegates Proudfoot, Prunty, Leggett, Flanigan,
Boggs, Border and Damron)
(Originating in the House Committee on
Agriculture and Natural Resources)
[January 22, 1998]
A BILL to amend and reenact section four, article two, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the possession
of wildlife; providing for wildlife lawfully taken, killed
or obtained.
Be it enacted by the Legislature of West Virginia:
That section four, 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
§20-2-4. Possession of wildlife.
Except as otherwise provided by law, for wildlife, lawfully
taken, killed, or obtained, no person shall have in his or her
possession any wildlife, or parts thereof, during closed seasons.
It is unlawful to possess any wildlife, or parts thereof, which
have been illegally taken, killed or obtained. Any wildlife
illegally taken, killed or possessed shall be forfeited to the
state and shall be counted toward the daily, seasonal, bag, creel and possession limit of the person in possession of, or
responsible for, the illegal taking or killing of any wildlife.
Wildlife lawfully taken outside of this state shall be
subject to the same laws and rules as that taken within this
state.
Migratory wild birds shall be possessed only in accordance
with the "Migratory Bird Treaty Act" and regulations thereunder.
The restrictions in this section do not apply to the
director or duly authorized agents, who may, in any manner, take
or maintain in captivity, at any time, any wildlife for the
purpose of carrying out the provisions of this chapter.
NOTE: The purpose of this bill is to allow lawfully taken,
killed and obtained wildlife to be possessed during closed
season.