Senate Bill No. 152
(By Senators Snyder, Ross, Bailey and Deem)
[Introduced January 14, 2003; referred to the Committee on
A BILL to amend and reenact section eleven, article two, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the commercial sale of
venison in restaurants or other eating places.
Be it enacted by the Legislature of West Virginia:
That section eleven, 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.
§20-2-11. Sale of wildlife; transportation of same.
No person, except those legally licensed to operate private
game preserves for the purpose of propagating game for commercial
purposes and those legally licensed to propagate or sell fish,
amphibians and other forms of aquatic life,
shall may purchase or
offer to purchase, sell or offer to sell, expose for sale, or have in his or her possession for the purpose of sale any wildlife, or
part thereof, which has been designated as game animals,
fur-bearing animals, game birds, game fish or amphibians, or any of
the song or insectivorous birds of the state, or any other species
of wildlife which the director may designate: Provided, That pelts
of game or fur-bearing animals taken during the legal season may be
sold and live red and gray foxes and raccoon taken by legal methods
during legal and established trapping seasons may be sold within
the state: Provided, however, That hide, head, antlers and feet of
a legally killed deer and the hide, head and skull of a legally
killed black bear may be sold.
No person, including a common carrier,
shall may transport,
carry or convey, or receive for such purposes any wildlife, the
sale of which is prohibited, if such that person knows or has
reason to believe that such wildlife has been or is to be sold in
violation of this section.
The selling or exposing for sale, having in possession for
sale, transporting or carrying in violation of this section shall
each constitute a separate misdemeanor offense. Notwithstanding
the provisions of this or any other section of this chapter, any
game birds or game bird meats sold by licensed retailers or venison
sold by a licensed commercial retailer and raised for that purpose
may be served at any hotel, restaurant or other licensed eating
place in this state.
The director shall have authority to promulgate rules in
accordance with chapter twenty-nine-a of this code, dealing with
the sale of wildlife and the skins thereof.
NOTE: The purpose of this bill is to authorize the commercial
sale of venison in restaurants.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would