H. B. 4719
(By Mr. Speaker, Mr. Kiss, and Delegates Stemple,
Boggs, Amores and Michael)
[Introduced February 22, 2006; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §20-2-12 of the Code of West Virginia,
1931, as amended, relating to transportation of wildlife out
of state; penalties; allowing residents and nonresidents to
take legally killed, taken, or captured game out of state.
Be it enacted by the Legislature of West Virginia:
That §20-2-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-12. Transportation of wildlife out of state; penalties.
(a) No person shall may at any time transport or have in
his possession with the intention of transporting beyond the
limits of the state, any species of wildlife or any part thereof
killed, taken, captured or caught within this state: Provided,
That a nonresident person legally entitled to hunt and fish in this state may take with him or her personally, when leaving the
state, any wildlife that he or she has lawfully taken or killed,
not exceeding, during the open season, the number that any
person may lawfully take or kill in any two days possess.
(b) This section shall does not apply to persons legally
entitled to propagate and sell wild animals, wild birds, fish,
amphibians and other forms of aquatic life: Provided, however,
That licensed resident hunters and trappers and resident and
nonresident fur dealers may transport beyond the limits of the
state pelts of game and fur-bearing animals taken during the
legal season: Provided, further however, That hide, head,
antlers and feet of a legally killed deer, and the hide, head,
skull, organs and feet of a legally killed black bear may also
be transported beyond the limits of the state.
(c) The director shall have authority to promulgate rules
and regulations may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, dealing with governing the
transportation and tagging of wildlife and the wildlife skins.
thereof
(d) Notwithstanding any provision of this section, any
person violating the provisions of this section by transporting
or possessing with the intention of transporting beyond the
limits of this state, deer or wild boar, shall be deemed to will have committed a separate offense for each animal so transported
or possessed.
(e) Any person violating the provisions of this section
shall be is guilty of a misdemeanor and, upon conviction,
thereof shall be fined not less than twenty dollars nor more
than three hundred dollars and be imprisoned in the county jail
not less than ten nor more than sixty days.
NOTE: The purpose of this bill is to allow any person to
transport legally obtained game out of state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.