COMMITTEE SUBSTITUTE

FOR

H. B. 2094

(By Delegates Caputo, Varner, Tucker and Yeager)


(Originating in the Committee on Agriculture

and Natural Resources)

[February 26, 2003]


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. Regulating release of fish, water animal and other acquatic

organisms; stocking permit.
 (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 except as authorized by a stocking permit issued by the director: Provided, That nothing in this subsection shall be construed as restricting the release of fish, water animal or other aquatic organism into the waters of this state from which they were taken by lawful methods: Provided however, That nothing in this subsection shall be construed as restricting the release of native or established species of fish in privately owned ponds.
(b) A stocking permit is not required for the stocking of trout in waters of the state provided that the trout originate from a source within the state or meet the disease free certification requirements for imported salmondiae set forth in section thirteen of this article.
(c) A stocking permit is not required for the stocking of black bass provided that the division of natural resources is notified prior to stocking and is provided a disease free certification.