Senate Bill No. 441

(By Senators Helmick, Ross, Sharpe, Hunter, Fanning, Plymale, Sprouse, Anderson, Bailey, Kessler, Dittmar, Scott, Ball, Minear, Jackson, Craigo and Schoonover)

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[Introduced February 9, 1998; referred to the Committee
on Natural Resources; and then to the Committee on Finance.]
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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; 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; requiring legislative rules for the training of wildlife damage agents; authorizing waiver of firearm and bow and arrow restrictions; and requiring deer population study and 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, commercial nurseries, homeowners' shrubbery and vegetable gardens; weapon restrictions; deer population study and 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 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. On or before the first day of July, one thousand nine hundred ninety-eight, the director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, for the training of wildlife damage agents to investigate reported damage and to issue permits to minimize damage caused by wildlife.
(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. The conservation officer, biologist or other person authorized to issue permits may waive minimum caliber and other firearm restrictions, and minimum bow poundage and other bow and arrow restrictions if necessary to minimize damage caused by wildlife.
 (d) After the first day of July, one thousand nine hundred ninety-eight, the college of agriculture and forestry of West Virginia University shall conduct a survey of the deer population in the state utilizing usual and customary wildlife survey methods. The college shall submit to the director the results of the survey. The director shall take whatever action necessary 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. It also requires the College of Agriculture and Forestry of West Virginia University to conduct a survey of the deer population in the state. The Director of the Division of Natural Resources is required to take action 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.