ENGROSSED

Senate Bill No. 730

(By Senators Helmick, Mitchell, Anderson, Bowman, Love, Minard, Ross, Snyder, Deem and Minear)

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[Originating in the Committee on Natural Resources;


reported February 27, 2002.]

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A BILL to amend and reenact section forty-six-j, article two, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to Class V resident and Class VV nonresident muzzle-loading deer hunting licenses; and adding open sites and telescopic sites.

Be it enacted by the Legislature of West Virginia:
That section forty-six-j, 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.
§20-2-46j. Class V resident and Class VV nonresident muzzle- loading deer hunting licenses.

 There shall be a special season of at least three days each year for the taking of deer with muzzle-loading firearms, either rifles or pistols, to be set at such time and to be of a duration determined by the commission. For a minimum of two days during this season, deer of either sex may be taken with muzzle-loading firearms in all counties open for the taking of antlerless deer as provided in section forty-six-b of this article. Antlered deer only may be taken in all other counties open for the taking of deer with firearms.
A Class V license shall be a resident muzzle-loading deer hunting license. A Class VV license shall be nonresident muzzle- loading deer hunting license. A Class V and VV license shall entitle the licensee to hunt for and kill deer with a muzzle-loader during muzzle-loading deer seasons in counties of the state, or parts thereof, excluding Logan, McDowell, Mingo and Wyoming counties, as established by the natural resources commission in section seventeen, article one of this chapter. The director shall establish rules governing the issuance of Class V and Class VV licenses as necessary to limit, on a fair and equitable basis, the number of persons who may muzzle-loader hunt for deer in any special management area. There shall be a season of at least three days each year for the taking of deer with muzzle-loading firearms, either rifles or pistols.
Only single shot muzzle-loading firearms with iron open sights or telescopic sites having a bore diameter of no less than thirty-eight one-hundredths inch are legal firearms for the taking of deer during the special muzzle-loading deer season provided herein.
The special season provided herein shall be concurrent with all other seasons designated for the taking of game.
Any person wishing to hunt for and kill deer during the special muzzle-loading season must possess a valid Class V or Class VV license, except that this requirement does not apply to a resident of West Virginia who is not required to obtain a license or permit to hunt as provided in this chapter. A Class V license shall be a resident muzzle-loading deer hunting license. A Class VV license shall be a nonresident muzzle-loading deer hunting license. The licenses shall be issued in a form prescribed by the director, are in addition to a Class A, Class AB or Class E license and are valid only when accompanied thereby. The fee for the Class V license shall be five dollars. The fee for the Class VV license shall be ten twenty-five dollars: Provided, That on and after the first day of January, one thousand nine hundred ninety-eight, the fee shall be twenty-five dollars.