H. B. 2740


(By Delegates Faircloth, Trump and Smirl)

[Introduced March 5, 2001 ; referred to the

Committee on Agriculture and Natural Resources then Finance.]





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 amend said article by adding thereto a new section, designated section forty-six-n, all relating to authorizing crossbow hunting for disabled persons; creating a new Class Q permit for disabled persons; and removing the no fee provisions from applicable code sections.

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 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 unless otherwise authorized by statute;
(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 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 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 the license has affixed thereto an appropriate trout stamp as prescribed by the department division or 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 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 is a resident of this state;
(2) He is permanently disabled in the lower extremities; and
(3) He holds a Class A or AB 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 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 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.
A Class Q permit shall be a special statewide hunting permit for certain disabled persons and granted by the director to West Virginia residents meeting the requirements of this section. A Class Q permit may be issued only to individuals who hold a valid West Virginia hunting license or the applicant must be exempt from hunting licenses as provided in this chapter. The director shall make available an application form for a Class Q hunting permit.
A person may be considered eligible for a Class Q permit if that person is permanently and totally disabled from the waist down and they are unable to ambulate without the full-time use of a walker, two crutches or a wheelchair.
The application form when properly filled out by a licensed physician shall describe the applicant's disability and attest that the applicant is totally and permanently disabled from the waist down and is unable to ambulate without the full-time use of a walker, two crutches or a wheelchair. The application may not have been completed more than six months before its submission. As part of the application, the applicant must authorize, by written release, an examination of all medical records regarding the applicant's disability. The director may establish rules considered necessary to review and investigate the permitting of applicants.
A Class Q permit entitles the holder 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:
(1) The motor vehicle is stationary;
(2) The engine of the motor vehicle is not operating;
(3) The permittee is the only occupant of the vehicle;
(4) The vehicle is not parked on the right of way of any public road or highway; and
(5) The permittee observes all other pertinent laws and rules.
§20-2-46n. Class Y special resident crossbow hunting permit for disabled persons.

(a) On or after the first day of January, two thousand two, a Class Y 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. A Class Y permit is valid for thirty-six months and may be renewed.
An application for the permit shall be furnished by the director to any applicant who meets the following requirements:
(1) The applicant is a resident of this state; and
(2) The applicant is unable to use a compound, recurve or long bow while having a disabled condition to one of the following:
(i) 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
(ii) A permanent and substantial loss of function in one or both shoulders while failing to meet the minimum standards of the standard 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 described in this section. As part of the application, the applicant must authorize, by written release, an examination of all medical records regarding the applicant's disability.
(c) Only crossbows meeting all of the following specifications may be used for hunting in West Virginia:
(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 not less than eighteen inches in length with a broad head.
(d) A Class Y permit must be accompanied by a valid resident statewide hunting license or the applicant must be exempt from hunting licenses as provided in this chapter.




NOTE: The purpose of this bill is to authorize crossbow hunting for disabled persons, create a new Class Q permit for disabled persons and remove the no fee provisions from applicable code sections.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§20-2-46n is new; therefore, strike-throughs and underscoring have been omitted.