ENGROSSED

Senate Bill No. 186

(By Senators Snyder and Caldwell)

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[Introduced January 16, 2004; referred to the Committee on Agriculture.]

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A BILL to amend and reenact §20-2-11 of the code of West Virginia, 1931, 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 §20-2-11 of the code of West Virginia, 1931, 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.