H. B. 2299


(By Delegates Michael and Mezzatesta)

[Introduced February 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 sixty-one, relating to requiring turkey hunters to take certain safety precautions while engaged in turkey hunting including posting an orange flag above themselves when in a fixed position and wearing orange headgear; providing an exemption for persons engaged in agricultural occupations hunting on their own land; and, providing for a criminal penalty for violators.

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 sixty-one, to read
as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-61. Requirement that turkey hunters mark location and wear orange head apparel; exemption; penalty.

Any person who hunts wild turkeys on public lands or the lands of another while in a prolonged stationary position shall post or tie a daylight fluorescent orange flag or marker between eighteen inches to three and one-half feet above their immediate position. The flag or marker shall be configured in a square, rectangular or triangular shape and comprised of, at least, a one-sided surface area of fifty square inches. The person shall also wear a daylight fluorescent orange hat or other daylight flourescent orange head apparel: Provided, That persons engaged in agricultural occupations shall be exempt from the provisions of this section while hunting turkeys on their own property. Any person violating any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five dollars nor more than fifty dollars.



NOTE: The purpose of this bill is to require turkey hunters when in prolonged stationary positions, to post the position by erecting an orange flag above them. It also requires that they wear orange headgear. Finally, it provides for a limited exemption as well as a modest criminal penalty for violators.

This section is new; therefore, strike-throughs and underscoring have been omitted.