H. B. 2840
(By Delegates Anderson, Stemple, Martin, D.
Poling, Azinger, Ellem, Border, White, Argento,
Williams and Tabb)
[Introduced February 5, 2007; referred to the
Committee on Agricultural 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
outside of the state; penalties; 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
for
in this section.
(b) (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.
(c) (2) 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.
(d) (3) 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.
(e) (4) 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
may also be transported beyond
the limits of the state.
(5) A person legally entitled to possess an animal according
to section four, article two, chapter twenty may transport that
animal beyond the limits of the state.
(f) (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.
(g) (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.
(h) (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.
NOTE: The purpose of this bill is to allowing residents and
nonresidents to take legally killed, taken or captured game out of
the state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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