H. B. 4541
(By Delegate Proudfoot, By Request)
[Introduced February 24, 1998; referred to the
Committee on Agriculture and Natural Resources.]
A BILL to amend and reenact section seven, article one, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
director of natural resources to promulgate rules
prohibiting the practice of baiting to lure wildlife to an
area for the purpose of hunting that wildlife.
Be it enacted by the Legislature of West Virginia:
That section seven, article one, 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 1. ORGANIZATION AND ADMINISTRATION.
§20-1-7. Additional powers, duties and services of director.
In addition to all other powers, duties and responsibilities
granted and assigned to the director in this chapter and
elsewhere by law, the director is hereby authorized and empowered to:
(1) With the advice of the commission, prepare and
administer, through the various divisions created by this
chapter, a long-range comprehensive program for the conservation
of the natural resources of the state which best effectuates the
purpose of this chapter and which makes adequate provisions for
the natural resources laws of the state;
(2) Sign and execute in the name of the state by the
"division of natural resources" any contract or agreement with
the federal government or its departments or agencies,
subdivisions of the state, corporations, associations,
partnerships or individuals;
(3) Conduct research in improved conservation methods and
disseminate information matters to the residents of the state;
(4) Conduct a continuous study and investigation of the
habits of wildlife, and for purposes of control and protection,
to classify by regulation the various species into such
categories as may be established as necessary;
(5) Prescribe the locality in which the manner and method by
which the various species of wildlife may be taken, or chased,
unless otherwise specified by this chapter;
(6) Hold at least six meetings each year at such time and at
such points within the state, as in the discretion of the natural
resources commission may appear to be necessary and proper for the purpose of giving interested persons in the various sections
of the state an opportunity to be heard concerning open season
for their respective areas, and report the results of the
meetings to the natural resources commission before such season
and bag limits are fixed by it;
(7) Suspend open hunting season upon any or all wildlife in
any or all counties of the state with the prior approval of the
governor in case of an emergency such as a drought, forest fire
hazard or epizootic disease among wildlife. The suspension shall
continue during the existence of the emergency and until
rescinded by the director. Suspension, or reopening after such
suspension, of open seasons may be made upon twenty-four hours'
notice by delivery of a copy of the order of suspension or
reopening to the wire press agencies at the state capitol;
(8) Supervise the fiscal affairs and responsibilities of the
division;
(9) Designate such localities as he or she shall determine
to be necessary and desirable for the perpetuation of any species
of wildlife;
(10) Enter private lands to make surveys or inspections for
conservation purposes, to investigate for violations of
provisions of this chapter, to serve and execute warrants and
processes, to make arrests and to otherwise effectively enforce
the provisions of this chapter;
(11) Acquire for the state in the name of the "division of
natural resources" by purchase, condemnation, lease or agreement,
or accept or reject for the state, in the name of the division of
natural resources, gifts, donations, contributions, bequests or
devises of money, security or property, both real and personal,
and any interest in such property, including lands and waters,
which he or she deems suitable for the following purposes:
(a) For state forests for the purpose of growing timber,
demonstrating forestry, furnishing or protecting watersheds or
providing public recreation;
(b) For state parks or recreation areas for the purpose of
preserving scenic, aesthetic, scientific, cultural,
archaeological or historical values or natural wonders, or
providing public recreation;
(c) For public hunting, trapping or fishing grounds or
waters for the purpose of providing areas in which the public may
hunt, trap or fish, as permitted by the provisions of this
chapter, and the rules issued hereunder;
(d) For fish hatcheries, game farms, wildlife research areas
and feeding stations;
(e) For the extension and consolidation of lands or waters
suitable for the above purposes by exchange of other lands or
waters under his or her supervision;
(f) For such other purposes as may be necessary to carry out the provisions of this chapter;
(12) Capture, propagate, transport, sell or exchange any
species of wildlife as may be necessary to carry out the
provisions of this chapter;
(13) Sell, with the approval in writing of the governor,
timber for not less than the value thereof, as appraised by a
qualified appraiser appointed by the director, from all lands
under the jurisdiction and control of the director, except those
lands that are designated as state parks and those in the Kanawha
State Forest. The appraisal shall be made within a reasonable
time prior to any sale, reduced to writing, filed in the office
of the director and shall be available for public inspection.
When the appraised value of the timber to be sold is more than
five hundred dollars, the director, before making sale thereof,
shall receive sealed bids therefor, after notice by publication
as a Class II legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area for such publication shall be each county in
which the timber is located. The timber so advertised shall be
sold at not less than the appraised value to the highest
responsible bidder, who shall give bond for the proper
performance of the sales contract as the director shall
designate; but the director shall have the right to reject any
and all bids and to readvertise for bids. If the foregoing provisions of this section have been complied with, and no bid
equal to or in excess of the appraised value of the timber is
received, the director may, at any time, during a period of six
months after the opening of the bids, sell the timber in such
manner as he or she deems appropriate, but the sale price shall
not be less than the appraised value of the timber advertised.
No contract for sale of timber made pursuant to this section
shall extend for a period of more than ten years. And all
contracts heretofore entered into by the state for the sale of
timber shall not be validated by this section if the same be
otherwise invalid. The proceeds arising from the sale of the
timber so sold, shall be paid to the treasurer of the state of
West Virginia, and shall be credited to the division and used
exclusively for the purposes of this chapter: Provided, That
nothing contained herein shall prohibit the sale of timber which
otherwise would be removed from rights-of-way necessary for and
strictly incidental to the extraction of minerals;
(14) Sell or lease, with the approval in writing of the
governor, coal, oil, gas, sand, gravel and any other minerals
that may be found in the lands under the jurisdiction and control
of the director, except those lands that are designated as state
parks. The director, before making sale or lease thereof, shall
receive sealed bids therefor, after notice by publication as a
Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the
publication area for such publication shall be each county in
which such lands are located. The minerals so advertised shall be
sold or leased to the highest responsible bidder, who shall give
bond for the proper performance of the sales contract or lease as
the director shall designate; but the director shall have the
right to reject any and all bids and to readvertise for bids.
The proceeds arising from any such sale or lease shall be paid to
the treasurer of the state of West Virginia and shall be credited
to the division and used exclusively for the purposes of this
chapter;
(15) Exercise the powers granted by this chapter for the
protection of forests, and regulate fires and smoking in the
woods or in their proximity at such times and in such localities
as may be necessary to reduce the danger of forest fires;
(16) Cooperate with departments and agencies of state, local
and federal governments in the conservation of natural resources
and the beautification of the state;
(17) Report to the governor each year all information
relative to the operation and functions of the division and the
director shall make such other reports and recommendations as may
be required by the governor, including an annual financial report
covering all receipts and disbursements of the division for each
fiscal year, and he or she shall deliver such report to the governor on or before the first day of December next after the
end of the fiscal year so covered. A copy of such report shall
be delivered to each house of the Legislature when convened in
January next following;
(18) Keep a complete and accurate record of all proceedings,
record and file all bonds and contracts taken or entered into,
and assume responsibility for the custody and preservation of all
papers and documents pertaining to his or her office, except as
otherwise provided by law;
(19) Offer and pay, in his or her discretion, rewards for
information respecting the violation, or for the apprehension and
conviction of any violators, of any of the provisions of this
chapter;
(20) Require such reports as he or she may deem to be
necessary from any person issued a license or permit under the
provisions of this chapter, but no person shall be required to
disclose secret processes or confidential data of competitive
significance;
(21) Purchase as provided by law all equipment necessary for
the conduct of the division;
(22) Conduct and encourage research designed to further new
and more extensive uses of the natural resources of this state
and to publicize the findings of such research;
(23) Encourage and cooperate with other public and private organizations or groups in their efforts to publicize the
attractions of the state;
(24) Accept and expend, without the necessity of
appropriation by the Legislature, any gift or grant of money made
to the division for any and all purposes specified in this
chapter, and he or she shall account for and report on all such
receipts and expenditures to the governor;
(25) Cooperate with the state historian and other
appropriate state agencies in conducting research with reference
to the establishment of state parks and monuments of historic,
scenic and recreational value, and to take such steps as may be
necessary in establishing such monuments or parks as he or she
deems advisable;
(26) Maintain in his or her office at all times, properly
indexed by subject matter, and also, in chronological sequence,
all rules and regulations made or issued under the authority of
this chapter. Such records shall be available for public
inspection on all business days during the business hours of
working days;
(27) Delegate the powers and duties of his or her office,
except the power to execute contracts, to appointees and
employees of the division, who shall act under the direction and
supervision of the director and for whose acts he or she shall be
responsible;
(28) Conduct schools, institutions and other educational
programs, apart from or in cooperation with other governmental
agencies, for instruction and training in all phases of the
natural resources programs of the state;
(29) Authorize the payment of all or any part of the
reasonable expenses incurred by an employee of the division in
moving his or her household furniture and effects as a result of
a reassignment of the employee: Provided, That no part of the
moving expenses of any one such employee shall be paid more
frequently than once in twelve months; and
(30) Promulgate Propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code, to implement and make effective the powers
and duties vested in him or her by the provisions of this chapter
and take such other steps as may be necessary in his or her
discretion for the proper and effective enforcement of the
provisions of this chapter.
The director shall further propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code, prohibiting the practice of
baiting to lure wildlife to an area for the purpose of hunting
that wildlife, except that the director may not prohibit the
practice of baiting for the purpose of lawful trapping of
wildlife.
NOTE: The purpose of this bill is to require the Director
of Natural Resources to prohibit the practice of baiting to lure
wildlife to an area for the purpose of hunting that wildlife.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.