H. B. 4016
(By Delegate McGraw)
[Introduced January 12, 2000; referred to the
Committee on Agriculture and Natural Resources
A BILL to amend and reenact section sixty-two, article two,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
a hunting and fishing license exemption to active members of
the national guard who are residents of this state.
Be it enacted by the Legislature of West Virginia:
That section sixty-two, 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.
§20-2-62. Persons exempt from obtaining hunting and fishing
(a) Any person who has been a prisoner of war, was honorably
discharged from the military forces and is a resident of this state may take, or catch by angling, fish of the kind lawfully
permitted to be taken or caught and may hunt or trap wild birds
or wild quadrupeds lawfully permitted to be hunted or trapped
without procuring a fishing license, hunting license or trapping
permit. The person, while taking or catching fish or hunting or
trapping wild birds or wild quadrupeds for which he or she would
otherwise be required to have a fishing license, hunting license
or trapping permit, shall carry written evidence in the form of
a record of separation, a letter from one of the military forces
of the United States, or such other evidence as the director of
the department of natural resources requires by rule that
satisfies the eligibility criteria established by this section.
For purposes of this section, the term "prisoner of war"
means any member of the armed forces of the United States,
including the United States coast guard and national guard, who
was held by any hostile force with which the United States was
actually engaged in armed conflict during any period of the
incarceration; or any person, military or civilian, assigned to
duty on the U.S.S. Pueblo who was captured by the military forces
of North Korea on the twenty-third of January, one thousand nine
hundred sixty-eight, and thereafter held prisoner.
Notwithstanding any provision in this section, a prisoner of war
shall not include any person who, at any time, voluntarily,
knowingly and without duress, gave aid to or collaborated with or in any manner served any such hostile force.
(b) Any person who is an active member of the national guard
and is a resident of this state is exempt from procuring a
license to hunt or fish as set forth in subsection (a) of this
section. A national guard member hunting or fishing without a
license pursuant to these provisions must carry a military
identification card as evidence of active status in the national
NOTE: The purpose of this bill is to provide a hunting and
fishing license exemption to active members of the national guard
who are residents of this state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.