Bill-DNR 58CSR49
H. B. 2704
(By Delegates Mahan, Wills, Cann, Kominar,
Faircloth and Riggs)
[Introduced March 2, 2001; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact section three, article ten, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
division of natural resources to promulgate a legislative rule
relating to general hunting.
Be it enacted by the Legislature of West Virginia:
That section three, article ten, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-3. Division of natural resources.
(a) The legislative rule filed in the state register on the
fifth day of August, one thousand nine hundred ninety-nine,
authorized under the authority of section seven, article one,
chapter twenty of this code, modified by the division of natural
resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the
twenty-eighth day of September, one thousand nine hundred
ninety-nine, relating to the division of natural resources
(revocation of hunting and fishing licenses, 58 CSR 23), is
authorized.
(b) The legislative rule filed in the state register on the
fifth day of August, one thousand nine hundred ninety-nine,
authorized under the authority of section twenty-three, article
seven, chapter twenty of this code, modified by the division of
natural resources to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-eighth day of September, one thousand nine hundred
ninety-nine, relating to the division of natural resources
(boating, 58 CSR 25), is authorized.
(c) The legislative rule filed in the state register on the
eighth day of September, one thousand nine hundred ninety-eight,
authorized under the authority of section twenty-three, article
seven, chapter twenty of this code, modified by the division of
natural resources to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the fourth day of May, one thousand nine hundred ninety-nine,
relating to the division of natural resources (special
motorboating, 58 CSR 27), is authorized with the following
amendments:
"On page two, subdivision 3.1.1 after the word "Engineers;" by
striking out the word "and";
And,
On page two, subdivision 3.1.2 at the end of the subdivision
by changing the period to a semicolon and adding the word "and" and
a new subdivision, designated 3.1.3, to read as follows:
3.1.3. Beginning at the mouth of Fishing Creek at its
confluence with the Ohio River and extending upstream approximately
six-tenths (0.6) of a mile to the Route 2 Bridge. This area is
situated entirely within the boundaries of the City of New
Martinsville, West Virginia. The city of New Martinsville, West
Virginia, is responsible for purchasing, placing and maintaining
the No Wake Zone buoys and informational signs. Signs shall meet
the approval of the director. Any buoys or other structures placed
in the water shall conform to the U.S. Coast Guard Standards for
Inland Rivers and, if they would interfere with commercial river
traffic, be approved by the U.S. Army Corps of Engineers."
(d) The legislative rule filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety-nine,
authorized under the authority of section two, article five,
chapter twenty of this code, modified by the division of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the
twenty-third day of August, one thousand nine hundred ninety-nine, relating to the division of natural resources (public use of West
Virginia state parks, state forests, wildlife management areas
under the division of natural resources, 58 CSR 31), is authorized,
with the following amendment:
"On page three, section two, subsection 2.21, following the
comma after the words 'Berkeley Springs,' by inserting the words
'Brush Creek Falls day-use area managed by Pipestem State Park,'
followed by a comma."
(e) The legislative rule filed in the state register on the
eighth day of September, one thousand nine hundred ninety-eight,
authorized under the authority of section seven, article one,
chapter twenty of this code, modified by the division of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the fourth
day of May, one thousand nine hundred ninety-nine, relating to the
division of natural resources (prohibitions when hunting and
trapping, 58 CSR 47), is authorized.
(f) The legislative rule filed in the state register on the
fifteenth day of January, one thousand nine hundred ninety-nine,
authorized under the authority of section seven, article one,
chapter twenty of this code, relating to the division of natural
resources (special bear hunting, 58 CSR 48), is authorized.
(g) The legislative rule filed in the state register on the
sixth day of August, one thousand nine hundred ninety-nine, authorized by section five-a, article eleven, chapter twenty of
this code, modified by the division of natural resources to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twenty-eighth day of December,
one thousand nine hundred ninety-nine, relating to the division of
natural resources (recycling assistance grant program, 58 CSR 5) is
authorized, with the following amendment:
"On page four, subsection 4.1., in the first sentence after
the word "through" by striking out the words "consultation with"
and inserting in lieu thereof the words "notification of";
On page four, subsection 4.1., in the second sentence after
the word "partnerships" by adding the word "corporations";
On page four, subsection 4.1., in the third sentence after the
words "for the" by adding the words "applicant to receive priority
for a grant";
And,
On page fourteen, subsection 9.1., in the first sentence after
the word "industry" by adding the words "solid waste industry".
(h) The legislative rule filed in the state register on the
twentieth day of July, one thousand nine hundred ninety-nine,
authorized by section seven, article one, chapter twenty of this
code, relating to the division of natural resources (general
trapping regulations, 58 CSR 53), is authorized.
(i) The legislative rule filed in the state register on the sixth day of August, one thousand nine hundred ninety-nine,
authorized under the authority of section twenty-five, article
seven, chapter twenty of this code, modified by the division of
natural resources to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-eighth day of December, one thousand nine hundred
ninety-nine, relating to the division of natural resources (litter
control grant program, 58 CSR 6), is authorized.
(j) The legislative rule filed in the state register on the
twentieth day of July, one thousand nine hundred ninety-nine,
authorized under the authority of section seven, article one,
chapter twenty of this code, modified by the division of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the thirtieth
day of August, one thousand nine hundred ninety-nine, relating to
the division of natural resources (special fishing, 58 CSR 61), is
authorized.
(k) The legislative rule filed in the state register on the
fourteenth day of June, one thousand nine hundred ninety-nine,
authorized under the authority of section seven, article one,
chapter twenty of this code, modified by the division of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twentieth
day of July, one thousand nine hundred ninety-nine, relating to the division of natural resources (lifetime hunting, trapping and
fishing licenses, 58 CSR 67), is authorized.
(l) The legislative rule filed in the state register on the
twentieth day of July, one thousand nine hundred ninety-nine,
authorized under the authority of section seven, article one,
chapter twenty of this code, modified by the division of natural
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the thirtieth
day of August, one thousand nine hundred ninety-nine, relating to
the division of natural resources (issuance of hunting, trapping
and fishing licenses by telephone and other electronic methods, 58
CSR 68), is authorized.
(m) The legislative rule filed in the state register on the
first day of September, two thousand, authorized under the
authority of section seven, article one, chapter twenty, of this
code, modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fifth day of October,
two thousand, relating to the division of natural resources
(general hunting, 58 CSR 49), is authorized.
NOTE: The purpose of this bill is to authorize the Division of
Natural Resources to promulgate a legislative rule relating to
General Hunting.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would be added.