H. B. 4640
(By Delegate Mahan)
[Introduced
February 26, 2004
; referred to the
Committee on Government Organization.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §20-2D-1, §20-2D-2,
§20-2D-3, §20-2D-4, §20-2D-5, §20-2D-6 and §20-2D-7, all
relating to wildlife rehabilitation; definitions;
qualifications for wildlife rehabilitators; duties of
rehabilitators; and revocation of licenses.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §20-2D-1, §20-2D-2,
§20-2D-3, §20-2D-4, §20-2D-5, §20-2D-6 and §20-2D-7, all to read as
follows:
ARTICLE 2D. WILDLIFE REHABILITATION.
§20-2D-1. Purpose.
(a) The proper care of distressed wildlife requires special
knowledge and facilities not possessed by the general public. The purpose of this article is to establish a specially trained group
of volunteers, collectively called wildlife rehabilitators, to
provide for the care of injured and debilitated wildlife so that
such wildlife may be returned to the wild. Appointed by the
division of natural resources and licensed pursuant to law, the
wildlife rehabilitator is authorized to possess wildlife found by
other persons and provide necessary aid. By encouraging that
injured or debilitated wildlife be placed in the care of specially
trained wildlife rehabilitators, it is possible to achieve more
humane care and greater expectation that distressed wildlife can be
returned to the wild.
(b) Nothing in this article authorizes or is intended to
authorize a licensed wildlife rehabilitator to practice veterinary
medicine. A rehabilitator rendering gratuitous services in case of
emergency should not attempt diagnosis or treatment beyond his or
her level of skill and training.
§20-2D-2. Definitions.
For purposes of this article:
(a) "Director" means the director of the division of natural
resources.
(b) "Division" means the division of natural resources.
(c) "License" means the license to possess wildlife issued
pursuant to natural resources law.
(d) "Wildlife" means animal life existing in a wild state.
(e) "Wildlife rehabilitator" means Class I, Class II and an
assistant wildlife rehabilitator.
(f) "Wildlife rehabilitation" means the practice of providing
care for injured or debilitated wildlife, including endangered
species, and including their capture, housing, feeding, emergency
treatment and release into the wild.
§20-2D-3. Qualifications for appointment.
(a) The Class I wildlife rehabilitator and Class II wildlife
rehabilitator must:
(1) Be over the age of eighteen years, a resident of West
Virginia, of good character and reputation in the community as
judged by two character references written by persons not related
to the applicant or to each other;
(2) Not have been convicted of or pleaded guilty to a
violation or misdemeanor under the division of natural resources
law or settled and compromised a civil liability therefor, nor have
been convicted of any misdemeanor or felony within the previous
three years;
(3) Receive a grade of eighty percent or higher on a written
examination administered by the division and designed to test
knowledge in the field of wildlife rehabilitation; and
(4) Be interviewed, by a regional division employee
responsible for the wildlife rehabilitation program, to assess the
applicant's proficiency in wildlife rehabilitation.
(b) The Class II wildlife rehabilitator, in addition to
meeting the qualifications listed in subdivision (a) of this
section, must have been a Class I wildlife rehabilitator for at
least two years. Persons already certified as Class II
rehabilitators prior to the date this regulation was promulgated
will continue to be certified at the Class II level.
(c) An assistant wildlife rehabilitator must:
(1) Be nominated by a Class II wildlife rehabilitator and may
assist only that nominating Class II wildlife rehabilitator; and
(2) Meet the same character requirements as a Class I wildlife
rehabilitator.
§20-2D-4. Additional criteria for appointments.
(a) The Class II wildlife rehabilitator may be assisted by and
provide training to one or more assistant wildlife rehabilitators
upon approval by the division and the Class II wildlife
rehabilitator must be responsible for the proper performance of
duties of all assistant wildlife rehabilitators whom he or she
nominated, trained and employs.
(b) A Class II wildlife rehabilitator may nominate an
assistant wildlife rehabilitator who was trained by and previously
assisted another Class II wildlife rehabilitator. In that case, it
shall be at the discretion of this Class II wildlife rehabilitator
whether or not to require further training.
§20-2D-5. Appointment.
Persons who meet or exceed the qualifications for appointment
pursuant to section three, article two-d, chapter twenty of this
article will be issued the appropriate wildlife rehabilitator
license: Class I, Class II or assistant wildlife rehabilitator.
§20-2D-6. Duties.
(a) The wildlife rehabilitator must:
(1) Practice wildlife rehabilitation in a humane and
professional manner;
(2) Consult licensed veterinarians as necessary to ensure that
proper care is administered to injured or debilitated wildlife;
(3) Not require payment for the care or treatment of wildlife.
Nothing herein, however, will prevent the wildlife rehabilitator
from accepting voluntary donations made toward rehabilitation
services;
(4) Comply with applicable provisions of the environmental
conservation law and rules adopted pursuant thereto and with the
division's instructions concerning methods of wildlife
rehabilitation, reporting requirements and any conditions contained
in his or her license;
(5) Display in a prominent place the license provided by the
division. A wildlife rehabilitator identification card must be
carried by the permittee when in possession of wildlife afield;
(6) Submit to the division in a timely manner all required
records and reports properly executed;
(7) Notify the department at least ninety days in advance of
moving his or her place of operation to a new location;
(8) Allow authorized division employees to inspect his or her
wildlife rehabilitation operations and records at any reasonable
time;
(9) Participate in training programs required by the division;
and
(10) Must comply with any and all federal laws regarding
wildlife.
(b) Additionally, the wildlife rehabilitator may distribute,
if appropriate, to persons who submit wildlife to him or her, any
material supplied by the division relating to wildlife
rehabilitation.
§20-2D-7. Revocation of license.
The department may revoke a license issued pursuant to this
article if:
(1) A Class I or Class II wildlife rehabilitator has failed to
perform duties as provided in section six of this article; or
(2) An assistant wildlife rehabilitator no longer is endorsed
by the nominating Class II wildlife rehabilitator, or the
nominating Class II wildlife rehabilitator no longer possesses a
valid license issued pursuant to this article.
NOTE: The purpose of this bill is to train and empower a body
of volunteer professionals, called rehabilitators, to care for, protect and return injured wildlife to the wild.
This article is new; therefore, strike-throughs and
underscoring have been omitted.