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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2840
(
By Delegates Anderson, Stemple, Martin, D. Poling, Azinger,
Ellem, Border, White, Argento,
Williams and Tabb
)
[Passed March 10, 2007; in effect ninety days from passage.]
AN ACT to amend and reenact §20-2-12 of the Code of West Virginia,
1931, as amended, relating to transportation of wildlife
outside of the state; and allowing residents and nonresidents
to take legally killed, taken or captured game out of the
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) A person may not transport or have in his or her
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, except as provided in
this section.
(1) A 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 possess.
(2) 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.
(3) A person may transport the hide, head, antlers and feet of
a legally killed deer and the hide, head, skull, organs and feet of
a legally killed black bear beyond the limits of the state.
(4) A person legally entitled to possess an animal according
to section four, article two of this chapter may transport that
animal beyond the limits of the state.
(b) The director shall have authority to promulgate rules in
accordance with chapter twenty-nine-a of this code dealing with the
transportation and tagging of wildlife and the skins.
(c) A 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 have committed a separate offense for each animal so transported
or possessed.
(d) A person violating the provisions of this section shall be
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 jail not less than ten nor more than
sixty days.
(e) This section does not apply to persons legally entitled to
propagate and sell wild animals, wild birds, fish, amphibians and
other forms of aquatic life beyond the limits of the state.