H. B. 2844
(By Delegates Perry, Shelton, Stemple and Ashley)
[Introduced February 3, 2003; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend and reenact section twenty-two-a, article two,
chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section twenty-three, article two, chapter twenty; and to
further amend said article by adding thereto a new section,
designated section twenty-four-a, all relating to authorizing
black bear hunting outfitters with dogs to conduct hunting
expeditions for profit.
Be it enacted by the Legislature of West Virginia:
That section twenty-two-a, article two, chapter twenty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section twenty-three of
said article be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated section
twenty-four-a, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-22a. Hunting, tagging and reporting bear; procedures
applicable to property destruction by bear;
penalties.
(a) No person in any county of this state shall hunt, capture,
or kill any bear, or have in his or her possession any bear or bear
parts, except during the hunting season for bear and in the manner
designated by rules promulgated by the division of natural
resources and as provided for in this section. For the purposes of
this section, bear parts include, but are not limited to, the pelt,
gall bladder, skull and claws of bear.
(b) A person who kills a bear shall, within twenty-four hours
after the killing, deliver the bear or fresh skin to a conservation
officer or checking station for tagging. A division of natural
resources tag shall be affixed to it before any part of the bear
may be transported more than seventy-five miles from the point of
kill. The division of natural resources tag shall remain on the
skin until it is tanned or mounted. Any bear or bear parts not
properly tagged shall be forfeited to the state for disposal to a
charitable institution, school or as otherwise designated by the
division of natural resources.
(c) It is unlawful:
(1) To hunt bear without a bear damage stamp as prescribed in
section forty-four-b of this article, in addition to a hunting license as prescribed in this article;
(2) To hunt a bear with: (A) A shotgun using ammunition
loaded with more than one solid ball; (B) a rifle of less than
twenty-five caliber using rimfire ammunition; or (C) a crossbow;
(3) To kill or attempt to kill any bear through the use of
poison, explosives, snares, steel traps or deadfalls other than as
authorized in this section;
(4) To shoot at or kill a bear cub weighing less than one
hundred pounds or to kill any bear accompanied by a cub;
(5) To possess any part of a bear not tagged in accordance
with the provisions of this section;
(6) To enter a state game refuge with firearms for the purpose
of pursuing or killing a bear except under the direct supervision
of division personnel;
(7) To hunt bear with dogs or to cause dogs to chase bear
during seasons other than those designated by the division of
natural resources for the hunting of bear;
(8) To pursue a bear with a pack of dogs other than the pack
used at the beginning of the hunt once the bear is spotted and the
chase has begun;
(9) To possess, harvest, sell or purchase bear parts obtained
from bear killed in violation of this section;
(10) To organize for commercial purposes or to professionally
outfit a bear hunt or to give or receive any consideration whatsoever or any donation in money, goods or services in
connection with a bear hunt notwithstanding the provisions of
sections twenty-three and twenty-four of this article; or
(11) (10) For any person who is not a resident of this state
to hunt bear with dogs or to use dogs in any fashion for the
purpose of hunting bear in this state except in legally authorized
hunts.
(d) The following provisions apply to bear destroying
property:
(1) (A) Any property owner or lessee who has suffered damage
to real or personal property, including loss occasioned by the
death or injury of livestock or the unborn issue of livestock,
caused by an act of a bear may complain to any conservation officer
of the division of natural resources for protection against the
bear.
(B) Upon receipt of the complaint, the officer shall
immediately investigate the circumstances of the complaint. If the
officer is unable to personally investigate the complaint, he or
she shall designate a wildlife biologist to investigate on his or
her behalf.
(C) If the complaint is found to be justified, the officer or
designated person may, together with the owner and other residents,
proceed to hunt, destroy or capture the bear that caused the
property damage: Provided, That only the conservation officer or the wildlife biologist shall determine whether to destroy or
capture the bear and whether to use dogs to capture or destroy the
bear: Provided, however, That, in the event out-of-state dogs are
used in the hunt, the owners of the dogs are the only nonresidents
permitted to participate in hunting the bear.
(2) (A) When a property owner has suffered damage to real or
personal property as the result of an act by a bear, the owner
shall file a report with the director of the division of natural
resources. The report shall state whether or not the bear was
hunted and destroyed and, if so, the sex, weight and estimated age
of the bear. The report shall also include an appraisal of the
property damage occasioned by the bear duly signed by three
competent appraisers fixing the value of the property lost.
(B) The report shall be ruled upon and the alleged damages
examined by a commission comprised of the complaining property
owner, an officer of the division and a person to be jointly
selected by the officer and the complaining property owner.
(C) The division shall establish the procedures to be followed
in presenting and deciding claims under this section in accordance
with article three, chapter twenty-nine-a of this code.
(D) All claims shall be paid in the first instance from the
bear damage fund provided for in section forty-four-b of this
article. In the event the fund is insufficient to pay all claims
determined by the commission to be just and proper, the remainder due to owners of lost or destroyed property shall be paid from the
special revenue account of the division of natural resources.
(3) In all cases where the act of the bear complained of by
the property owner is the killing of livestock, the value to be
established is the fair market value of the livestock at the date
of death. In cases where the livestock killed is pregnant, the
total value shall be the sum of the values of the mother and the
unborn issue, with the value of the unborn issue to be determined
on the basis of the fair market value of the issue had it been
born. In no event shall the fair market value of the livestock
exceed twice the assessed value of the livestock for personal
property taxes.
(e) Criminal penalties. -- (1) Any person who commits a
violation of the provisions of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than one thousand dollars nor more than five thousand dollars,
which fine is not subject to suspension by the court, imprisoned in
a county or regional jail not less than thirty nor more than one
hundred days, or both fined and imprisoned. Further, the person's
hunting and fishing licenses shall be suspended for two years.
(2) Any person who commits a second violation of the
provisions of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than two thousand
dollars nor more than seven thousand five hundred dollars, which fine is not subject to suspension by the court, imprisoned in a
county or regional jail not less than thirty days nor more than one
year, or both fined and imprisoned. The person's hunting and
fishing licenses shall be suspended for life.
(3) Any person who commits a third or subsequent violation of
the provisions of this section is guilty of a felony and, upon
conviction thereof, shall be fined not less than five thousand
dollars nor more than ten thousand dollars, which fine is not
subject to suspension by the court, imprisoned in a correctional
facility not less than one year nor more than five years, or both
fined and imprisoned.
§20-2-23. Outfitters and guides -- Generally; definitions.
(a) Services of outfitters and guides for the benefit and
convenience of hunters, fishermen and others in this state are
recognized as essential, and such outfitters and guides may be
licensed and authorized to serve as provided in this article. The
director is hereby authorized to promulgate rules and regulations
on services of outfitters and guides as herein authorized and
defined.
(b) The term "outfitter," as used herein, means and includes
any person who, operating from any temporary or permanent camp,
private or public lodge, or private or incorporated home situate
within this state, provides for monetary profit or gain, saddle or
pack animals or other animals, vehicles, boats, conveyances or equipment or guide services for any person or persons hunting game
animals, game birds, fishing or taking expeditions, both land and
water, in this state. The term "outfitter" shall not include,
however, any person who occasionally for accommodation or favor
rather than profit or gain, rents equipment to hunters, fishermen
or others as a service incidental to his principal occupation or
business without advertising outfitter or guide services or holding
out to the public the offering of such services. The term "guide,"
as used herein, includes and embraces outfitter services and the
term "outfitter" includes and embraces guide services, but the
applicant for any license hereunder may in his or her application
elect to be designated as an outfitter or guide.
(c) The term "commercial whitewater outfitter," as used
herein, means any person, partnership, corporation or other
organization, or any combination thereof, duly authorized and
operating from within or from without the state, which for monetary
profit or gain, provides whitewater expeditions or rents whitewater
craft or equipment for use in whitewater expeditions on any river,
portions of rivers or waters of the state in accordance with this
article.
The term "commercial whitewater guide," as used herein, means
any person who is an owner, agent or employee of a commercial
whitewater outfitter, and who is qualified and authorized to
provide services for whitewater expeditions in the state in accordance with this article.
(d) The term "bear hunting outfitter", as used herein, means
any person, partnership, corporation or other organization, or any
combination thereof, duly authorized and operating within or from
without the state, which for monetary profit or gain, provides
hunting expeditions for black bear hunting that is licensed by the
director of natural resources: Provided, That a bear hunting
outfitter may not be any combination of any other authorized
outfitter.
§20-2-24a.
Black bear hunting outfitters with dogs; limitations;
black bear hunting dogs; fees; suspension or
revocation of license; promulgation of rules.
(a) Notwithstanding in any other provision to the contrary,
there shall be fifteen licensed bear hunting outfitter services, as
defined in section twenty-three, article two, chapter twenty, to
hunt black bears with dogs during the applicable season determined
by the director of natural resources. There may not be more than
fifteen licensed black bear hunting outfitters in any one year. A
licensed black bear outfitter may have employees that assist or
conduct a black bear expedition or hunt. The funds received
pursuant to black bear hunting outfitters shall be deposited in the
state general fund.
(b) A bear hunting dog is a hound that is trained to hunt,
chase or tree black bears. Any division of natural resources conservation officer may at any time examine a bear hunting dog to
determine whether the bear hunting dog sufficiently qualifies as a
bear hunting dog.
(c) Every bear hunting outfitter shall pay a ten dollar
license fee each year, except for bear hunting outfitters that are
currently licensed by the division of natural resources with any
hunting outfitter or hunting/fishing outfitter license prior to the
effective date of this section. For each black bear killed on a
black bear outfitting expedition or hunt, the licensed black bear
outfitter shall pay to the state a one hundred dollar fee. A black
bear outfitter may not kill more than ten black bears during the
applicable season.
(d) The director may suspend or revoke a bear hunting
outfitter license for any violations of this article pertaining to
bear hunting outfitters.
(e) The director of the division of natural resources may
promulgate emergency rules to incorporate the revisions made to
this article prior to the two thousand three hunting season. The
effective date of this section shall be the first day of July, two
thousand three.
NOTE: The purpose of this bill is to authorize fifteen black
bear hunting outfitters with dogs to conduct hunting expeditions
for profit; to define black bear hunting outfitters and black bear
hunting dogs; to establish license fees and fees for killing a
black bear; to limit the number of black bears killed to ten; to provide for suspension or revocation of license for violations; and
to allow the director of the department of natural resources to
promulgate emergency rules.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§20-2-24a
is new; therefore, strike-throughs and underscoring
have been omitted.