H. B. 2285
(By Delegates Stemple, Varner and Yeager)
[Passed March 8, 2003; in effect ninety days from passage.]
AN ACT to amend and reenact sections thirty-six and thirty-seven,
article two, chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating to
requiring licensees of hunting and fishing licenses to carry
and exhibit for inspection proof of identity and all documents
applicable to the nature and location of the licensees'
Be it enacted by the Legislature of West Virginia:
That sections thirty-six and thirty-seven, article two,
chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-36. When license, related documents, and picture
identification to be carried; using license of another; transferring license to another.
(a) A person who is required by this article to be licensed
may not hunt, take, pursue, trap for, kill, catch or chase for
sport any wild animal or wild bird; or fish for, take, kill or
catch any fish or amphibians of any kind whatsoever in this state
unless he or she shall have on his or her person: (1) A valid
license issued to him or her, or other proof that a valid license
has been issued to him or her in accordance with this article; (2)
all applicable stamps, permits, and written consents required by
this article; (3) a driver's license, passport, or picture
identification issued to him or her by his or her state of
residence; and (4) a certificate of training or other proof of
hunter safety education as required by section thirty-a of this
As an alternative to the identification required by subsection
(a)(3) of this section, the name, address and birthdate of a
licensee under the age of fifteen years may be established by the
averment of an accompanying licensed adult.
(b) It is unlawful for any person to use at any time any
license other than those valid licenses legally issued to him or
her in accordance with this article.
(c) Except as expressly provided by this article, it is
unlawful for any person to transfer a license to any other person.
§20-2-37. Display of license, etc., by persons in possession of hunting, fishing, etc., paraphernalia.
Any person having in his or her possession in or near the
fields or woods, or about the streams of this state, any dog, gun,
fishing rod or other hunting, fishing or trapping paraphernalia,
shall, upon demand of any officer authorized to enforce the
provisions of this chapter, state his or her correct name and
address, and shall exhibit for inspection: (a) All applicable
licenses and documents set forth in section thirty-six of this
article; and (b) all firearms and wildlife which he or she may have
in his or her possession.
Nothing in this section may be construed as authorizing
searches that violate article three, section six of the West
Virginia Constitution or the Fourth Amendment to the Constitution
of the United States, nor may anything in this section be construed
as effecting a waiver of these constitutional provisions.