H. B. 3269
(By Delegates Mahan and Overington)
[Introduced March 25, 2005; referred to the
Committee on Agriculture and Natural Resources then
Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §20-2D-1, §20-2D-2,
§20-2D-3, §20-2D-4, §20-2D-5, §20-2D-6, §20-2D-7, §20-2D-8,
§20-2D-9,
§20-2D-10,
§20-2D-11,
§20-2D-12,
§20-2D-13,
§20-2D-14,
§20-2D-15 and
§20-2D-16,
all relating to
establishing a system for issuing permits
for the
rehabilitation of orphaned, sick and injured wildlife
; setting
forth a purpose for the legislation; defining certain terms;
establishing qualifications and duties of rehabilitators;
providing for the issuance of permits by the Director of
Division of Natural Resources; requiring certain standards of
treatment and housing; listing criteria for revocation of
permits; and providing that the Director of the Division of
Natural Resources may propose certain legislative rules.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §20-2D-1, §20-2D-2,
§20-2D-3, §20-2D-4, §20-2D-5, §20-2D-6, §20-2D-7, §20-2D-8,
§20-2D-9,
§20-2D-10,
§20-2D-11,
§20-2D-12,
§20-2D-13,
§20-2D-14,
§20-2D-15 and
§20-2D-16,
all to read as follows:
ARTICLE 2D. WILDLIFE REHABILITATION.
§20-2D-1. Purpose.
The purpose of this article is to establish reasonable
standards for the rehabilitation of orphaned, sick and injured
wildlife, including wild animals and birds and to establish a
permit system and other criteria for issuing permits to individuals
to provide for the care, treatment and release of orphaned and
debilitated wildlife obtained by those individuals or received from
other parties. The permit process is designed to provide for the
participation of selected volunteers to the maximum extent possible
and to ensure that all persons engaged in rehabilitation of
wildlife are qualified, undergo periodic training, house animals
and birds under proper conditions, provide a high level of humane
care for animals and birds, and are protected as much as is
possible from injury caused by animals and birds or from
contracting disease that may be carried by animals and birds.
§20-2D-2. Limitations.
Nothing in this article is intended to authorize ownership or
possession of wildlife for purposes other than rehabilitation and release or to authorize any person with a wildlife rehabilitation
permit to practice veterinary medicine.
§20-2D-3. Definitions.
(a) "Advisor" means a master class permit holder who has
volunteered to provide counsel and to serve as a mentor for
apprentice class permit holders.
(b) "Applicant" means a person who applies for a West Virginia
Department of Natural Resources wildlife rehabilitation permit.
(c) "Big game" means deer, elk, bear and boar.
(d) "Continuing education and training" means instruction,
courses of instruction, study guides, or other materials determined
by the Director to be acceptable for use by wildlife rehabilitation
permit holders to satisfy the requirements for renewal of permits
upon expiration.
(e) "Director" means the Director of the Division of Natural
Resources or the Director's designated employees or other agents.
(f) "Division" means the West Virginia Division of Natural
Resources.
(g) "Facilities" means equipment, housing, or other shelter
used in, or necessary for, the rehabilitation of wildlife.
(h) "Federal permit" means a permit for the rehabilitation of
migratory birds issued by the United States Fish and Wildlife
Service.
(i) "In-shelter assistant" means a person designated by apprentice, or master permit holders to assist permit holders with
basic care and feeding of animals and birds undergoing
rehabilitation in the facility of the permit holder.
(j) "Nonreleasable wildlife" means wildlife that cannot be
released because of a permanent injury, degenerative physical
condition as a result of illness, or habituation to humans that
would significantly reduce the chance of the animal surviving in
the wild.
(k) "Permit" means a wildlife rehabilitation permit issued by
the Director of the Division of Natural Resources as provided in
this article.
(l) "Permit holder" means a person who possesses a valid
apprentice or master wildlife rehabilitation permit issued by the
Director of the Division of Natural Resources.
(m) "Public exhibition" means a display to the general public
of wild animals and birds undergoing rehabilitation, either on the
permit holder's premises or elsewhere.
(n) "Transport" means the act by a permit holder of causing or
attempting to cause wild animals to be carried or moved other than
within the premises of a permit holder.
(o) "Volunteers" mean persons who are experienced with
wildlife rehabilitation and are designated by the Director of the
Division of Natural Resources to assist with the process of issuing
wildlife rehabilitation permits to individuals.
(p) "Wildlife rehabilitation" means the process of rescuing,
raising and arranging for veterinary medical care of orphaned,
sick, displaced, or injured wild animals and birds with a goal of
releasing them back to their natural habitat.
(q) "Wildlife rehabilitator" means a person who has a valid
Division of Natural Resources apprentice or master class wildlife
rehabilitation permit issued by the Division.
§20-2D-4. Federal permits.
A permit holder authorized to rehabilitate migratory birds
under a department permit must also possess a valid United States
Fish and Wildlife Service special purpose rehabilitation permit.
Other rehabilitation activities may also require a federal permit
including a permit to work with endangered species. Issuance of a
permit by the Director of the Division of Natural Resources does
not exempt the permit holder from the permit requirements of
federal law. A permit holder may not practice veterinary medicine
as defined by law unless he or she is licensed as a veterinarian.
§20-2D-5. Wildlife rehabilitation permits.
Except for every person with a permit issued by the United
States Fish and Wildlife Service to rehabilitate migratory birds
and every person providing verifiable proof of four years similar
experience in wildlife rehabilitation in this state who pays a fee
of twenty-five dollars therefor shall be issued a master class
permit by the Director of the Division of Natural resources on the effective date of and as provided by this article, no person shall
rehabilitate a wild animal or bird without a permit from the
Director of the Division of Natural Resources. A person with a
rehabilitation permit may capture, receive, possess, transport, or
transfer an orphaned, sick, or injured wild animal or bird for
purposes of rehabilitation according to conditions of the permit.
Permits may only be issued to residents of West Virginia except
when the Director of the Division of Natural Resources determines
that there are special circumstances where the interests of
wildlife rehabilitation in this state are served by issuing permits
to nonresidents. Nonresidents must meet the same permit
requirements as residents.
The Director of the Division of Natural Resources may restrict
the rehabilitation of certain species of animals and birds, either
statewide or in certain geographic areas, as needed due to disease,
overpopulation, or other limiting factors. The permit may be
limited to certain species if deemed to be in the best interest of
the wildlife resource, or upon request of the applicant.
No person may be authorized to have both a game farm license
and a wildlife rehabilitation permit at the same time.
§20-2D-6. Permit classes.
There are two classes of wildlife rehabilitation permits, as
follows:
(a) Apprentice class -- An apprentice class permit holder must: Be at least 18 years of age; have experience at handling and
caring for animals and birds according to criteria established by
the Director of the Division of Natural Resources; pass a written
test for the apprentice class with a score of at least eighty
percent; maintain facilities as required by this article; identify
a licensed veterinarian who has agreed to assist and consult with
the applicant on the treatment and care of animals and birds being
rehabilitated; and be advised by a master level permit holder.
An apprentice class permit holder may: Possess an orphaned,
sick, or injured wild bird or animal up to forty-eight hours for
transport to another apprentice or master class permit holder
authorized to possess for rehabilitation the particular bird or
animal, or to a licensed veterinarian or after consultation, not
more than forty-eight hours of possession of an orphaned, sick, or
injured wild bird or animal, to receive direction for further care
from a master class permit holder or veterinarian; provide
emergency care for a sick or injured wild animal or bird designated
on the permit and either transport within forty-eight hours to a
master class permit holder authorized to possess for rehabilitation
the particular animal, or to a licensed veterinarian or after
consultation, not more than forty-eight hours of possession receive
direction for further care from a master class permit holder or
veterinarian; and, possess for rehabilitation only healthy orphaned
wild animals and birds.
An apprentice class permit holder may not possess for
rehabilitation any species of endangered or threatened wild animal
or bird other than for transport for emergency care and may not
possess for rehabilitation any species of bird belonging to the
orders Falconiformes (hawks, eagles, harriers, osprey and falcons)
and Strigiformes (owls.)
An apprentice class permit holder may only possess mammals for
rehabilitation deer and those belonging to the orders Lagomorpha
(rabbits and hares) and Rodentia (squirrels, pocket gophers, rats,
mice, moles, lemmings, beaver and porcupine).
An apprentice class permit holder may designate no more than
two persons as in-shelter assistants who may work in the facility
of the permit holder to assist with care and feeding of animals and
birds being rehabilitated. The apprentice class permit holder is
responsible for notifying the Director of the Division of Natural
Resources, in writing, of the names, addresses, and telephone
numbers of in-shelter assistants.
(b) Master class. -- A master class permit holder must: Be at
least 21 years of age; have been an apprentice class permit holder
for at least two years; as an apprentice class permit holder, have
demonstrated ongoing animal rehabilitation activities and
successfully completed continuing education and training; pass a
written test for the master class permit holder with a score of at
least eighty percent; maintain facilities as required by this article; and, identify a licensed veterinarian who has agreed to
assist and consult with the applicant on the treatment and care of
animals and birds being rehabilitated.
A master class permit holder may: Possess an orphaned, sick,
or injured wild animal or bird up to forty-eight hours for
transport to an apprentice or master class permit holder authorized
to possess for rehabilitation the particular animal or bird, or to
a licensed veterinarian; provide emergency care for a sick or
injured wild animal or bird and transport within forty-eight hours
to another master class permit holder authorized to possess for
rehabilitation the particular animal or bird, or to a licensed
veterinarian; possess for rehabilitation healthy orphaned, sick, or
injured wild animals and birds; serve voluntarily as an advisor of
apprentice permit holders: Provided, That master class permit
holders who desire to serve as advisors to apprentice class permit
holders must: Submit a written request to the Director of the
Division of Natural Resources requesting designation as an
apprentice advisor; and, have experience rehabilitating the species
of animals and birds that apprentice class permit holders are
allowed to possess.
§20-2D-7. Permit requirements.
Applicants for apprentice level permits must be able to
demonstrate reasonable experience and skills at handling and caring
for animals and birds. The applicant may meet this requirement if he or she:
(a) Holds a degree in veterinary medicine, veterinary
technology, or animal science;
(b) Has experience working with a practicing veterinarian or
at a publicly owned or operated zoo, university animal clinic,
animal shelter, or wildlife rehabilitation clinic;
(c) Has experience working with an individual licensed as a
wildlife rehabilitator, including hands-on experience with animals
and birds; or
(d) Has other verifiable experience in caring for animals and
birds.
§20-2D-8. Examination.
The applicant must obtain a score of at least eighty percent
on a supervised examination provided by the Director of the
Division of Natural Resources. An applicant who fails the
examination must wait a minimum of six months before retaking the
examination.
The applicant must have on the premises adequate facilities to
carry out wildlife rehabilitation activities. Adequate facilities
include types of cages, cage sizes, and other facility criteria as
prescribed by the minimum standards of the National Wildlife
Rehabilitator's Association or the International Wildlife
Rehabilitators Council. All classes of wildlife rehabilitation
permit holders, except licensed veterinarians, must notify the Director of the Division of Natural Resources the licensed
veterinarian consultant who will advise and assist permit holders
in the care and treatment of wild animals and birds. The agreement
with a licensed veterinarian must be specifically set out in a
letter on letterhead with the veterinarian's original signature and
included in the original permit request. Apprentice class wildlife
rehabilitation permit holders must have a master class wildlife
permit holder as an advisor. The agreement with a master class
wildlife permit holder must be specifically set out in a letter on
letterhead with the veterinarian's original signature and included
in the original permit request.
§20-2D-8. Application.
Written application for wildlife rehabilitation permits shall
be made on the form provided by the Director of the Division of
Natural Resources, shall be accompanied by a fee of twenty-five
dollars and contain the following information:
(a) The name, address, telephone number and date of birth of
the applicant;
(b) The address of the proposed wildlife rehabilitation
activity or facility;
(c) A detailed description and clear photographs of the
applicant's facilities, including numbers and sizes of cages and
other pertinent information as requested by the Director of the
Division of Natural Resources;
(d) A description of educational background related to animal
biology, veterinary medicine and wildlife rehabilitation and two
letters of reference from people who know the applicant describing
the applicant's experience with care of wildlife;
(e) A description of experience and training related to
wildlife rehabilitation, including a compilation of the types of
department wildlife rehabilitation permits possessed in the past
and the duration of the permit;
(f) Certification from the Director of the Division of Natural
Resources that the applicant has obtained a score of at least
eighty percent on a supervised examination provided by the Director
of the Division of Natural Resources for the class of
rehabilitation permit requested;
(g) The name, address and telephone number of the licensed
veterinarian who has agreed to assist and consult with the permit
holder on the treatment and care of animals and birds being
rehabilitated;
(h) For applicants for apprentice level wildlife
rehabilitation permits, the name, address, telephone number and
Division rehabilitation permit number of the master class permit
holder who has agreed to serve as an advisor for the applicant;
(i) The types of wildlife the applicant desires to
rehabilitate (mammals, passerine birds, or all species) allowed by
the permit level applied for;
(j) An agreement to comply with the requirements of this
article; and
(k) The original letter of agreement with a licensed
veterinarian or master class permit holder must be specifically set
out in a letter on letterhead with the veterinarian's or master
class permit holder's original signature and included in the
original permit request.
§20-2D-9. Inspection and issuance.
After receipt of the application for a rehabilitation permit,
and a determination by the Director of the Division of Natural
Resources that the applicant has satisfied all requirements for a
permit, the Director of the Division of Natural Resources may
inspect the applicant's facility.
§20-2D-10. Permit not transferable.
A permit issued under the provisions of this article may not
be transferred to another person.
§20-2D-11. Record keeping and reporting requirements.
All permit holders shall retain complete and current records
on forms provided by the Director of the Division of Natural
Resources of any animal or bird to come into the possession of the
permit holder under the provisions of this article. These records
must be updated within twenty-four hours of receipt of an animal or
bird needing rehabilitation. All permit holders shall submit a
report of his or her annual activities to the Department by the thirty-first day of January of the following year. Permit holders
are required to retain records for three calendar years and make
the records available for inspection by the Director of the
Division of Natural Resources at reasonable times.
§20-2D-12. Examination, continuing education and training.
The Director of the Division of Natural Resources shall
establish examinations for initial issuance of each class of permit
and shall appoint a committee to include two wildlife
rehabilitation permit holders, a veterinarian and a designee of the
Director to establish requirements for continuing education and
training needed for renewal of permits. These requirements must be
fully met before permits may be renewed.
Persons experienced with wildlife rehabilitation may be
designated by the Director of the Division of Natural Resources to:
Assist in the development of examinations and continuing education
and training materials; assist in the administration of
examinations for various levels of permits: Conduct continuing
education under direction of the Director of the Division of
Natural Resources; and consult with the Director of the Division of
Natural Resources regarding the wildlife rehabilitation permit
process.
§20-2D-13. General provisions regarding wildlife rehabilitation.
Permit holders may capture orphaned, sick or injured animals
and birds or receive animals and birds from others for purposes of rehabilitation. Permit holders may not import or accept animals
and birds for rehabilitation from outside West Virginia, except as
may be permitted by the Director of the Division of Natural
Resources. The Director of the Division of Natural Resources shall
be notified immediately of the receipt of a threatened or
endangered species by a permit holder.
Animals and birds being rehabilitated shall have contact with
the permit holder or designated in-shelter assistants only to the
extent necessary for adequate care and treatment. Animals and
birds may not be habituated to humans, tamed, used as pets or used
in inappropriate ways. Mammals being rehabilitated may be housed
only with others of the same species. Public exhibition of animals
and birds being rehabilitated is prohibited. Transfers of animals
and birds being rehabilitated may be made to the same level or to
higher level permit holders and, in the case of master permit
holders, to lower level permit holders, when in the judgment of the
permit holder after discussion with the permit holder's master
class advisor or veterinarian consultant, it is determined that a
transfer would result in improved care of the animal and the permit
holder is authorized to possess the animals and birds transferred.
Costs incurred by the permit holder for rehabilitation
activities are the responsibility of the permit holder only.
Permit holders who are not veterinarians may not charge a fee for
rehabilitating animals and birds. Permit holders may not delegate to others the authority granted in their permit except that permit
holders may designate others as in-shelter assistants to assist
with the care and feeding of animals or birds on the premises of
the permit holder and under the direct supervision of the permit
holder. When, in the judgment of the permit holder, after
discussion with the permit holder's master class advisor or
veterinarian consultant, an injured or sick animal has sufficiently
recovered, or an orphaned animal is matured to the point where it
has a reasonable chance to survive in the wild, the animal or bird
shall be released immediately in suitable habitat as near to the
point where the animal was captured as practical. Rehabilitated
animals and birds are not to be transported across state lines for
release or for any other purposes unless expressly authorized by
the Director of the Division of Natural Resources. When authorized
by the Director of the Division of Natural Resources, animals and
birds that are not sufficiently recovered from injuries or
illnesses, or are not otherwise ready for release prior to the
onset of cold weather, may be kept over winter and released in the
spring. When, in the judgment of the permit holder, and on advice
of the permit holder's master class advisor or veterinarian
consultant, an injured, sick or orphaned animal or wild bird is
incapable of surviving if released to the wild, the animal must be:
(a) Humanely euthanized under the direction of the
veterinarian consultant;
(b) Turned over to the Director of the Division of Natural
Resources; or
(c) Transferred as directed by the Director of the Division of
Natural Resources: Provided, That upon application to, payment of
the required fee and the issuance of a permit to a master class
permit holder by the Director of the Department of Natural
Resources, the master class permit holder may keep an injured, sick
or orphaned animal or bird that is incapable of surviving if
released to the wild, except for migratory fowl, in a roadside
menagerie for the lifetime of the animal or bird.
Euthanizing a wild animal or bird may only be carried out by
the most humane means possible by either the permit holder or
veterinarian consultant and only by methods specifically prescribed
by the veterinarian consultant according to criteria established by
the American Veterinary Medical Association, the National Wildlife
Rehabilitator's Association or the International Wildlife
Rehabilitators Council. Except where it is necessary to relieve
immediate pain, and in cases where recovery is highly unlikely,
threatened or endangered species may be euthanized only on express
approval of the Director of the Division of Natural Resources.
Animals and birds that die of natural causes or that are euthanized
must be buried, incinerated, rendered, or turned over to a person
or institution that possesses a valid salvage permit from the
Department and, in the case of migratory birds, a valid federal salvage permit. Threatened or endangered species or any parts
thereof shall be disposed of only at the direction of the Director
of the Division of Natural Resources. Live or dead animals or
birds or any parts thereof shall not be sold, bartered, or given
away.
(d) All fees collected shall be used to offset the additional
administrative costs of the Division of Natural Resources made
necessary in order to implement the provisions of this article.
§20-2D-14. Facilities and operating standards.
All facilities and procedures required for care, feeding,
watering and exercising animals and birds, indoor and outdoor
facilities, cages, pens, enclosures, or other areas shall be in
accordance with common veterinary protocols and in compliance with
the standards of the National Wildlife Rehabilitators Association
and International Wildlife Rehabilitation Council minimum standards
for wildlife rehabilitation.
§20-2D-15. Revocation of permits.
The Director of the Division of Natural Resources may at any
time revoke all or part of a permit under the conditions in this
part whenever the Director of the Division of Natural Resources has
determined that a permit holder has failed to comply with
provisions of this article or when it is necessary to protect the
interests of the public, or to protect the wildlife covered by the
permits. Except in an emergency, at least fourteen days prior to the effective date of the revocation the permit holder must be
informed in writing of the nature of the revocation and of the
conditions which, in the Director of the Division of Natural
Resources's opinion, require the revocation. Within thirty days of
mailed notice of revocation, the permit holder may apply for an
amendment to the permit or to request a hearing before the Director
of the Division of Natural Resources to contest the revocation,
support the permit holder's proposed amendment, or both.
§20-2D-16. Rules.
The Director of the Division of Natural Resources may propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code.
NOTE: The purpose of this bill is to train volunteers, called
rehabilitators, to care for, protect and return injured wildlife to
the wild.
This article is new; therefore, strike-throughs and
underscoring have been omitted.