H. B. 4062
By Delegates Proudfoot, Prunty, Leggett, Flanigan,
Boggs, Border and Damron)
[Passed February 19, 1998; in effect from passage.]
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 the lawful possession of wildlife
lawfully taken, killed or obtained; permitting the
possession of certain wildlife killed by a motor vehicle
after certain notification requirements are met; and
requiring the director of natural resources to propose
administrative policy pursuant to the section provisions.
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 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
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.
Wildlife, except protected birds, spotted fawn, and bear
cubs, killed or mortally wounded as a result of being
accidentally or inadvertently struck by a motor vehicle may be
lawfully possessed: Provided, That the possessor of such
wildlife shall provide notice of the claim within twelve hours to
a relevant law-enforcement agency, and obtain a nonhunting game
tag within twenty-four hours of possession. The director shall
propose administrative policy which shall address the means,
methods and administrative procedures for implementing the
provisions of this section.