ENGROSSED
Senate Bill No. 525
(By Senators Dittmar, Schoonover, Helmick, Anderson, Love,
Ross, Ball, Hunter and Sharpe)
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[Introduced February 12, 1999;
referred to the Committee on Natural Resources.]
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A BILL to amend and reenact section eleven, article two, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to making it
illegal to sell the hide, head, skull, organs and feet of a
legally killed bear.
Be it enacted by the Legislature of West Virginia:
That section eleven, 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.
§20-2-11. Sale of wildlife; transportation of same.
No person, except those legally licensed to operate private
game preserves for the purpose of propagating game for commercial purposes and those legally licensed to propagate or sell fish,
amphibians and other forms of aquatic life, shall purchase or
offer to purchase, sell or offer to sell, expose for sale, or
have in his or her possession for the purpose of sale any
wildlife, or part thereof, which has been designated as game
animals, fur-bearing animals, game birds, game fish or
amphibians, or any of the song or insectivorous birds of the
state, or any other species of wildlife which the director may
designate: Provided, That pelts of game or fur-bearing animals
taken during the legal season may be sold and live red and gray
foxes and raccoon taken by legal methods during legal and
established trapping seasons may be sold within the state:
Provided, however, That hide, head, antlers and feet of a legally
killed deer and the hide, head, skull, organs and feet of a
legally killed black bear may be sold.
No person, including a common carrier, shall transport,
carry or convey, or receive for such purposes any wildlife, the
sale of which is prohibited, if such person knows or has reason
to believe that such wildlife has been or is to be sold in
violation of this section.
The selling or exposing for sale, having in possession for
sale, transporting or carrying in violation of this section shall
each constitute a separate misdemeanor offense. Notwithstanding
the provisions of this or any other section of this chapter, any game birds or game bird meats sold by licensed retailers may be
served at any hotel, restaurant or other licensed eating place in
this state.
The director shall have authority to promulgate rules and
regulations in accordance with chapter twenty-nine-a of this
code, dealing with the sale of wildlife and the skins thereof.