H. B. 4548
(By Delegates Caputo, Varner, Tucker,
Marshall and Yeager)
[Introduced February 20, 2002
; 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-four,
relating to regulating the release of fish, water animals and
other aquatic organism into the waters of this state.
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-four, to
read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-64. Unlawful release of fish, water animals and other
aquatic organisms.
(a) It is unlawful for any person to release any fish, water
animal or other aquatic organism, alive or dead, or any part, nest
or egg thereof into the waters of this state without first
obtaining a permit to do so from the division of natural resources:
Provided, That this prohibition does not apply to:
(1) The return of any fish, water animal, or other aquatic
organism to the waters from which it was taken; or
(2) The otherwise lawful release of any fish, water animal, or
other aquatic organism into privately owned bodies of water that
have no outlet to the public waters of this state and are wholly
encircled by the lands of persons who consent to the release.
(b) This section does not prohibit the otherwise lawful
importation, sale or possession of aquarium species so long as
these species are not released directly or indirectly into the
public waters of this state.
(c) This section does not prohibit the otherwise lawful
importation, sale or possession of triploid genopharyngodon idella,
commonly known as sterile grass carp, so long as this species is
not released directly or indirectly into the public waters of this
state.
NOTE: The purpose of this bill is to protect West Virginia's
fish population from the invasion of aquatic nuisance species and
the spread of disease.
This section is new; therefore, strike-throughs and
underscoring have been omitted.