COMMITTEE SUBSTITUTE
FOR
H. B. 2630
(By Delegates Smirl, Tillis, Faircloth and Trump
)
(Originating in the Committee on Finance)
[March 3, 1999]
A BILL to amend and reenact sections five, thirty-nine, forty and
forty-six-e, article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
and to further amend said article by adding thereto a new
section, designated section forty-six-n, all relating to
creating the Class QQ special hunting permits and allowing
persons who have a Class QQ special hunting permit to hunt
wild game with the use of a crossbow; providing that a valid
resident statewide hunting license be a prerequisite to the
issuance of a Class Q or Class QQ special permit; setting
forth requisite disabilities that must exist in order to
qualify one for the issuance of a Class QQ special permit;
requirement of physician's statement; providing that a Class
QQ special permit holder may only use a crossbow; and,
setting forth specifications for crossbow that can be used.
Be it enacted by the Legislature of West Virginia:
That sections five, thirty-nine, forty and forty-six-e, article two, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted; and that said article be further amended by adding
thereto a new section, designated section forty-six-n, all to
read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5. Unlawful methods of hunting and fishing and other unlawful acts.
Except as authorized by the director, it is unlawful at any
time for any person to:
(1) Shoot at or to shoot any wild bird or animal unless it
is plainly visible to him or her;
(2) Dig out, cut out or smoke out, or in any manner take or
attempt to take, any live wild animal or wild bird out of its den
or place of refuge, except as may be authorized by rules
promulgated by the director or by law;
(3) Make use of, or take advantage of, any artificial light
in hunting, locating, attracting, taking, trapping or killing any
wild bird or wild animal, or to attempt to do so, while having in
his or her possession or subject to his or her control, or for
any person accompanying him or her to have in his or her
possession or subject to his or her control, any firearm, whether
cased or uncased, bow, arrow, or both, or other implement or
device suitable for taking, killing or trapping a wild bird or
animal: Provided, That it may not be unlawful to hunt or take
raccoon, opossum or skunk by the use of artificial lights. No person shall be guilty of a violation of this subdivision merely
because he or she looks for, looks at, attracts or makes
motionless a wild bird or wild animal with or by the use of an
artificial light, unless at such time he or she has in his or her
possession a firearm, whether cased or uncased, bow, arrow, or
both, or other implement or device suitable for taking, killing
or trapping a wild bird or wild animal, or unless such artificial
light (other than the head lamps of an automobile or other land
conveyance) is attached to, a part of, or used from within or
upon an automobile or other land conveyance.
Any person violating the provisions of this subdivision
shall be guilty of a misdemeanor and, upon conviction thereof,
shall for each offense be fined not less than one hundred dollars
nor more than five hundred dollars and shall be imprisoned in the
county jail for not less than ten days nor more than one hundred
days;
(4) Hunt for, take, kill, wound or shoot at wild animals or
wild birds from an airplane, or other airborne conveyance, an
automobile, or other land conveyance, or from a motor-driven
water conveyance, except as may be authorized by rules
promulgated by the director;
(5) Take any beaver or muskrat by any means other than by
trap;
(6) Catch, capture, take or kill by seine, net, bait, trap
or snare or like device of any kind, any wild turkey, ruffed
grouse, pheasant or quail;
(7) Destroy or attempt to destroy needlessly or willfully
the nest or eggs of any wild bird or have in his or her
possession such nest or eggs unless authorized to do so under
rules promulgated by or under a permit issued by the director;
(8) Except as provided in section six of this article, carry
an uncased or loaded gun in any of the woods of this state except
during the open firearms hunting season for wild animals and
nonmigratory wild birds within any county of the state, unless he
or she has in his or her possession a permit in writing issued to
him or her by the director: Provided, That this section may not
prohibit hunting or taking of unprotected species of wild animals
and wild birds and migratory wild birds, during the open season,
in the open fields, open water and open marshes of the state;
(9) Except as provided in subdivision (11) below or in
section six of this article, carry an uncased or loaded gun after
the hour of five o'clock antemeridian on Sunday in any woods or
on any highway, railroad right-of-way, public road, field or
stream of this state, except at a regularly used rifle, pistol,
skeet, target or trapshooting ground or range;
(10) Have in his or her possession a loaded firearm or a
firearm from the magazine of which all shells and cartridges have
not been removed, in or on any vehicle or conveyance, or its
attachments, within the state, except as may otherwise be
provided by law or regulation. Except as hereinafter provided,
between five o'clock postmeridian of one day and seven o'clock
antemeridian, eastern standard time of the day following, any unloaded firearm, being lawfully carried in accordance with the
foregoing provisions, shall be so carried only when in a case or
taken apart and securely wrapped. During the period from the
first day of July to the thirtieth day of September, inclusive,
of each year, the foregoing requirements relative to carrying
certain unloaded firearms shall be permissible only from
eight-thirty o'clock postmeridian to five o'clock antemeridian,
eastern standard time: Provided, That the time periods for
carrying unloaded and uncased firearms are extended for one hour
after the postmeridian times and one hour before the antemeridian
times established above if a hunter is preparing to or in the
process of transporting or transferring the firearms to or from
a hunting site, campsite, home or other place of abode;
(11) Hunt, catch, take, kill, trap, injure or pursue with
firearms or other implement by which wildlife may be taken after
the hour of five o'clock antemeridian on Sunday any wild animals
or wild birds: Provided, That traps previously and legally set
may be tended after the hour of five o'clock antemeridian on
Sunday, and the person so doing may carry only a twenty-two
caliber firearm for the purpose of humanely dispatching trapped
animals;
(12) Hunt with firearms or long bow while under the
influence of intoxicating liquor;
(13) Hunt, catch, take, kill, injure or pursue a wild animal
or bird with the use of a ferret;
(14) Buy raw furs, pelts or skins of fur-bearing animals unless licensed to do so;
(15) Catch, take, kill or attempt to catch, take or kill any
fish at any time by any means other than by rod, line and hooks
with natural or artificial lures unless otherwise authorized by
law or rules issued by the director: Provided, That snaring of
any species of suckers, carp, fallfish and creek chubs shall at
all times be lawful;
(16) Employ or hire, or induce or persuade, by the use of
money or other things of value, or by any means, any person to
hunt, take, catch or kill any wild animal or wild bird except
those species on which there is no closed season, or to fish for,
catch, take or kill any fish, amphibian or aquatic life which is
protected by the provisions of this chapter or rules of the
director, or the sale of which is prohibited;
(17) Hunt, catch, take, kill, capture, pursue, transport,
possess or use any migratory game or nongame birds included in
the terms of conventions between the United States and Great
Britain and between the United States and United Mexican States
for the protection of migratory birds and wild mammals concluded,
respectively, the sixteenth day of August, one thousand nine
hundred sixteen, and the seventh day of February, one thousand
nine hundred thirty-six, except during the time and in the manner
and numbers prescribed by the Federal Migratory Bird Treaty Act
and regulations made thereunder;
(18) Kill, take, catch or have in his or her possession,
living or dead, any wild bird, other than a game bird; or expose for sale, or transport within or without the state any such bird,
except as aforesaid. No part of the plumage, skin or body of any
protected bird shall be sold or had in possession for sale,
except mounted or stuffed plumage, skin, bodies or heads of such
birds legally taken and stuffed or mounted, irrespective of
whether such bird was captured within or without this state,
except the English or European sparrow (Passer domesticus),
starling (Sturnus vulgaris), crow (Corvus brachyrhynchos) and
cowbird (Molothrus ater), which may not be protected and the
killing thereof at any time is lawful;
(19) Use dynamite or any like explosive or poisonous mixture
placed in any waters of the state for the purpose of killing
or taking fish. Any person violating the provisions of this
subdivision shall be guilty of a felony and, upon conviction
thereof, shall be fined not more than five hundred dollars or
imprisoned for not less than six months nor more than three
years, or both fined and imprisoned;
(20) Have a bow and gun, or have a gun and any arrow or
arrows, in the fields or woods at the same time;
(21) Have a crossbow in the woods or fields or use a
crossbow to hunt for, take or attempt to take any wildlife:
Provided, That any person who has a Class QQ special resident
hunting permit for disabled persons, as provided in section
forty-six-n of this article. may use a crossbow in compliance
with the restrictions set forth in that section to hunt all legal
wildlife;
(22) Take or attempt to take turkey, bear, elk or deer with
any arrow unless the same is equipped with a point having at
least two sharp cutting edges measuring in excess of three
fourths of an inch wide;
(23) Take or attempt to take any wildlife with an arrow
having an explosive head or shaft, a poisoned arrow or an arrow
which would affect wildlife by any chemical action;
(24) Shoot an arrow across any public highway or from
aircraft, motor-driven watercraft, motor vehicle or other land
conveyance;
(25) Permit any dog owned by him or her or under his or her
control to chase, pursue or follow upon the track of any wild
animal or wild bird, either day or night, between the first day
of May and the fifteenth day of August next following: Provided,
That dogs may be trained on wild animals and wild birds, except
deer and wild turkeys, and field trials may be held or conducted
on the grounds or lands of the owner or by his or her bona fide
tenant or tenants or upon the grounds or lands of another person
with his or her written permission or on public lands, at any
time: Provided, however, That nonresidents may not train dogs
in this state at any time except during the legal small game
hunting season: Provided further, That the person training said
dogs does not have firearms or other implements in his or her
possession during the closed season on such wild animals and wild
birds, whereby wild animals or wild birds could be taken or
killed;
(26) Conduct or participate in a field trial,
shoot-to-retrieve field trial, water race or wild hunt hereafter
referred to as trial: Provided, That any person, group of
persons, club or organization may hold such trial at any time of
the year upon obtaining such permit as is provided for in section
fifty-six of this article. The person responsible for obtaining
said permit shall prepare and keep an accurate record of the
names and addresses of all persons participating in said trial,
and make same readily available for inspection by any
conservation officer upon request; and
(27) Except as provided in section four of this article,
hunt, catch, take, kill or attempt to hunt, catch, take or kill
any wild animal, wild bird or wild fowl except during the open
season established by rule of the director as authorized by
subdivision (6), section seven, article one of this chapter.
§20-2-39. Class A resident statewide hunting and trapping
license.
On and after the first day of January, one thousand nine
hundred eighty-nine, a Class A license shall be a resident
statewide hunting and trapping license and shall entitle the
licensee to hunt and trap all legal species of wild animals and
wild birds in all counties of the state, except as prohibited by
rules or regulations of the director or when additional licenses
or permits are required. It shall be issued only to citizens of
the United States or Canada and to unnaturalized persons who
possess the permit referred to in section twenty-nine of this article who are residents of this state. Provided,
That those
residents who qualify for a Class Q license shall not be liable
for such fee. The fee therefor shall be eleven dollars.
§20-2-40. Class B resident statewide fishing license.
On and after the first day of January, one thousand nine
hundred eighty-nine, a Class B license shall be a resident
statewide fishing license and shall entitle the licensee to fish
for all legal fish in all counties of the state, except as
prohibited by rules or regulations of the director or when
additional licenses or permits are required. It shall be issued
only to citizens of the United States or Canada and unnaturalized
persons possessing the permit mentioned in section twenty-nine of
this article who are residents of this state. Provided,
That
those residents who qualify for a Class Q license shall not be
liable for such fee. The fee therefor shall be eleven dollars.
Trout fishing is not permitted with a Class B license unless
such license has affixed thereto an appropriate trout stamp as
prescribed by the department of natural resources. The fee for
a trout stamp shall be seven dollars and fifty cents. The trout
stamp is in addition to a Class B license.
§20-2-46e. Class Q special resident hunting permit for disabled
persons.
On and after the first day of January, one thousand nine
hundred eighty-two, a A Class Q permit shall be a special
statewide hunting permit and shall entitle the permittee to hunt
all legal species of game during the designated hunting seasons.
A form for such permit shall be furnished by the director to
any applicant who meets the following requirements:
(1) He or she is a resident of this state;
(2) He or she is permanently disabled in the lower
extremities; and
(3) He or she holds a Class A or AB valid resident statewide
hunting license or a senior citizens license.
The form when properly filled out by a licensed physician
shall attest to the disability of the applicant and shall, from
the date of signing by the physician, constitute a Class Q permit
which the permittee shall have in his or her possession when
hunting during any hunting season for which permittee holds a
valid license as provided herein. The director shall establish
such rules and regulations as he deems or she considers necessary
to administer the qualifications and permitting of applicants.
A Class Q permit shall entitle the holder thereof to hunt
from a motor vehicle and, notwithstanding the provisions of
subsection (10), section five of this article, to possess a
loaded firearm in a motor vehicle, but only under the following
circumstances:
(a) The motor vehicle is stationary;
(b) The engine of the motor vehicle is not operating;
(c) The permittee is the only occupant of the vehicle;
(d) The vehicle is not parked on the right-of-way of any
public road or highway; and
(e) The permittee observes all other pertinent laws and regulations; and
(f)
The permittee shall have a valid resident statewide
hunting license.
§20-2-46n. Class QQ special resident crossbow hunting permit for
disabled persons.
(a) On or after the first day of January, two-thousand, a
Class QQ permit shall be a special statewide hunting permit and
shall entitle the permittee to hunt all legal wildlife as
determined by the director during the designated season.
An application form for the permit shall be furnished by the
director to any applicant who meets the following requirements:
(1) He or she is a resident of this state; and
(2) He or she is unable to use a bow and arrow while having
a disabled condition due to one of the following:
(i) An amputation or other loss of one or both arms above
the wrist;
(ii) A permanent and substantial loss of function in one or
both hands while failing to meet minimum standards of the upper
extremity pinch, grip, and nine-hole peg tests administered under
the direction of a licensed physician; or
(iii) A permanent and substantial loss of function in one or
both shoulders while failing to meet the minimum standards of the
standards shoulder strength tests, administered under the
direction of a licensed physician.
(b) The application form shall include a written statement
or report prepared by a licensed physician, prepared no more than
six months preceding the application and verifying that the
applicant is physically disabled. As part of the application, the applicant shall authorize, by written release, an examination
of all medical records regarding the disability of the applicant.
(c) A Class QQ permit shall entitle the holder thereof to
hunt all legal wildlife as determined by the director during the
designated hunting season, but only with a crossbow meeting all
of the following specifications:
(1) The crossbow has a minimum draw weight of one hundred
twenty-five pounds;
(2) The crossbow has a working safety; and
(3) The crossbow is used with bolts and arrows of not less
than eighteen inches in length with a broad head.
(d) A class QQ permit must be accompanied by a valid
resident statewide hunting license.