H. B. 2906
(By Delegate Poling (By Request))
[Introduced March 19, 2001; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section eight-a,
relating to allowing a right-of-entry to retrieve a hunting
dog from posted land.
Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section eight-a, to read
as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-8a. Retrieval of hunting dogs from posted land.
Notwithstanding any provision in this code to the contrary, if
a person is hunting with a dog or training a dog for hunting, and
the dog, in the course of chase, enters the land of another which is posted for "no hunting" or entry is otherwise prohibited, the
owner of the dog, or a designee, may enter upon the land for the
sole purpose of retrieving the dog. A person entering upon the
posted land of another to retrieve a hunting dog may not possess a
firearm, bow and arrows, or other weapon, or may not operate a
motor vehicle on the land without the express permission of the
landowner or agent. Upon the request of the landowner or agent,
the person must clearly state his or her purpose for entering upon
the land, and the person must further provide identification by
presenting a hunting license, or other form of identification if
exempt from purchasing a hunting license.
NOTE: The purpose of this bill is
to allow a right-of-entry
to retrieve a hunting dog from posted land.
This section is new; therefore, strike-throughs and
underscoring have been omitted.