H. B. 4400
(By Delegates Campbell, Williams, Eldridge,
Hrutkay, Stemple, Paxton, Leggett and Martin)
[Introduced February 6, 2006; referred to the
Committee on Agriculture and Natural Resources then
Finance.]
A BILL to amend and reenact §20-2-28 of the Code of West Virginia,
1931, as amended, relating to authorizing certain students
receiving instruction in fly fishing to fly fish while under
the supervision of an instructor without obtaining a license;
conditions.
Be it enacted by the Legislature of West Virginia:
That §20-2-28 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-28. When licenses or permits not required.
Persons in the following categories shall not be required to
obtain licenses or permits as indicated:
(a) Bona fide resident landowners or their resident children,
or resident parents, or bona fide resident tenants of such land may hunt, trap or fish on their own land during open season in
accordance with the laws and regulations applying to such hunting,
trapping and fishing without obtaining a license to do so unless
such lands have been designated as a wildlife refuge or preserve.
(b) Any bona fide resident of this state who is totally blind
may fish in this state without obtaining a fishing license to do
so. A written statement or certificate from a duly licensed
physician of this state showing the said resident to be totally
blind shall serve in lieu of a fishing license and shall be carried
on the person of said the resident at all times while he or she is
fishing in this state.
(c) All residents of West Virginia on active duty in the armed
forces of the United States of America, while on leave or furlough,
shall have the right and privilege to hunt, trap or fish in season
in West Virginia without obtaining a license to do so. Leave or
furlough papers shall serve in lieu of any such license and shall
be carried on the person at all times while trapping, hunting or
fishing.
(d) In accordance with the provisions of section twenty-seven
of this article, any resident sixty-five years of age or older is
not required to have a license to hunt, trap or fish during the
legal seasons in West Virginia, but in lieu of such license any
such person shall at all times while hunting, trapping or fishing
carry on his or her person a valid West Virginia driver's license or nondriver identification card issued by the Division of Motor
Vehicles.
(e) Residents of the state of Maryland who carry hunting or
fishing licenses valid in that state may hunt or fish from the West
Virginia banks of the Potomac River without obtaining licenses to
do so, but such the
hunting or fishing shall be confined to the
fish and waterfowl of the river proper and not on its tributaries:
Provided, That the state of Maryland shall first enter into a
reciprocal agreement with the director extending a like privilege
of hunting and fishing on the Potomac River from the Maryland banks
of said river to licensed residents of West Virginia without
requiring said residents to obtain Maryland hunting and fishing
licenses.
(f) Residents of the state of Ohio who carry hunting or
fishing licenses valid in that state may hunt or fish on the Ohio
River or from the West Virginia banks of said the
river without
obtaining licenses to do so, but such the
hunting or fishing shall
be confined to fish and waterfowl of the river proper and to points
on West Virginia tributaries and embayments identified by the
director: Provided, That the state of Ohio shall first enter into
a reciprocal agreement with the director extending a like privilege
of hunting and fishing from the Ohio banks of said the
river to
licensed residents of West Virginia without requiring said the
residents to obtain Ohio hunting and fishing licenses.
(g) Any resident of West Virginia who was honorably discharged
from the armed forces of the United States of America and who
receives a veteran's pension based on total permanent
service-connected disability as certified to by the veterans
administration shall be permitted to hunt, trap or fish in this
state without obtaining a license therefor. The director shall
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code
setting forth the procedure for the certification of the veteran,
manner of applying for and receiving the certification and
requirements as to identification while said veteran is hunting,
trapping or fishing.
(h) Any disabled veteran who is a resident of West Virginia
and who, as certified to by the Commissioner of Motor Vehicles, is
eligible to be exempt from the payment of any fee on account of
registration of any motor vehicle owned by such disabled veteran as
provided for in section eight, article ten, chapter seventeen-a of
this code shall be permitted to hunt, trap or fish in this state
without obtaining a license therefor. The director shall propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code setting forth the
procedure for the certification of the disabled veteran, manner of
applying for and receiving the certification and requirements as to
identification while said the
disabled veteran is hunting, trapping or fishing.
(i) Any resident or inpatient in any state mental health,
health or benevolent institution or facility may fish in this
state, under proper supervision of the institution involved,
without obtaining a fishing license to do so. A written statement
or certificate signed by the superintendent of the mental health,
health or benevolent institution or facility in which the resident
or inpatient, as the case may be, is institutionalized shall serve
in lieu of a fishing license and shall be carried on the person of
the resident or inpatient at all times while he or she is fishing
in this state.
(j) Any resident who is developmentally disabled, as certified
by a physician and the Director of the Division of Health, may fish
in this state without obtaining a fishing license to do so. As
used in this section, "developmentally disabled" means a person
with a severe, chronic disability which:
(1) Is attributable to a mental or physical impairment or a
combination of mental and physical impairments;
(2) Is manifested before the person attains age twenty-two;
(3) Results in substantial functional limitations in three or
more of the following areas of major life activity: (A) Self-care;
(B) receptive and expressive language; (C) learning; (D) mobility;
(E) self-direction; (F) capacity for independent living; and (G)
economic self-sufficiency; and
(4) Reflects the person's need for a combination and sequence
of care, treatment or supportive services which are of lifelong or
extended duration and are individually planned and coordinated.
(k) A student eighteen years of age or younger receiving
instruction in fly fishing in a public, private, parochial or
Christian school in this state may fly fish in the state for catch
and release only without obtaining a fishing license to do so while
under the supervision of an instructor authorized by the school.
NOTE: The purpose of this bill is to allow students under the
age of eighteen who are receiving instruction in fly fishing to fly
fish, catch and release, without obtaining a license while under
the supervision of an instructor authorized by the student's
school.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.