H. B. 4588
(By Delegate Long (By Request))
[Introduced February 23, 2004; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §20-2-22a of the code of West Virginia,
1931, as amended, relating to seasonally prohibiting the
training of dogs to hunt bear.
Be it enacted by the Legislature of West Virginia:
That §20-2-22a of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-22a. Hunting, tagging and reporting bear; procedures
applicable to property destruction by bear; dog
training to hunt bear restricted as to season;
penalties.
(a) No person in any county of this state shall may hunt,
capture, or kill any bear, or have in his or her possession any bear
or bear parts, except during the hunting season for bear and in the
manner designated by rules promulgated by the division of natural
resources and as provided for in this section. For the purposes of this section, bear parts include, but are not limited to, the pelt,
gall bladder, skull and claws of bear.
(b) A person who kills a bear shall, within twenty-four hours
after the killing, deliver the bear or fresh skin to a conservation
officer or checking station for tagging. A division of natural
resources tag shall be affixed to it before any part of the bear may
be transported more than seventy-five miles from the point of kill.
The division of natural resources tag shall remain on the skin until
it is tanned or mounted. Any bear or bear parts not properly tagged
shall be forfeited to the state for disposal to a charitable
institution, school or as otherwise designated by the division of
natural resources.
(c) It is unlawful:
(1) To hunt bear without a bear damage stamp as prescribed in
section forty-four-b of this article, in addition to a hunting
license as prescribed in this article;
(2) To hunt a bear with: (A) A shotgun using ammunition loaded
with more than one solid ball; (B) a rifle of less than twenty-five
caliber using rimfire ammunition; or (C) a crossbow;
(3) To kill or attempt to kill any bear through the use of
poison, explosives, snares, steel traps or deadfalls other than as
authorized in this section;
(4) To shoot at or kill a bear cub weighing less than one
hundred pounds or to kill any bear accompanied by a cub;
(5) To possess any part of a bear not tagged in accordance with
the provisions of this section;
(6) To enter a state game refuge with firearms for the purpose
of pursuing or killing a bear except under the direct supervision
of division personnel;
(7) To hunt bear with dogs or to cause dogs to chase bear
during seasons other than those designated by the division of
natural resources for the hunting of bear;
(8) To pursue a bear with a pack of dogs other than the pack
used at the beginning of the hunt once the bear is spotted and the
chase has begun;
(9) To possess, harvest, sell or purchase bear parts obtained
from bear killed in violation of this section;
(10) To organize for commercial purposes or to professionally
outfit a bear hunt or to give or receive any consideration
whatsoever or any donation in money, goods or services in connection
with a bear hunt notwithstanding the provisions of sections
twenty-three and twenty-four of this article; or
(11) For any person who is not a resident of this state to hunt
bear with dogs or to use dogs in any fashion for the purpose of
hunting bear in this state except in legally authorized hunts; or
(12) For any person to train dogs to hunt bear during the
period beginning on the first day of March and ending on the
thirty-first day of July of each year.
(d) The following provisions apply to bear destroying property:
(1)(A) Any property owner or lessee who has suffered damage to
real or personal property, including loss occasioned by the death
or injury of livestock or the unborn issue of livestock, caused by an act of a bear may complain to any conservation officer of the
division of natural resources for protection against the bear.
(B) Upon receipt of the complaint, the officer shall
immediately investigate the circumstances of the complaint. If the
officer is unable to personally investigate the complaint, he or she
shall designate a wildlife biologist to investigate on his or her
behalf.
(C) If the complaint is found to be justified, the officer or
designated person may, together with the owner and other residents,
proceed to hunt, destroy or capture the bear that caused the
property damage: Provided, That only the conservation officer or
the wildlife biologist shall determine whether to destroy or capture
the bear and whether to use dogs to capture or destroy the bear:
Provided, however, That, in the event out-of-state dogs are used in
the hunt, the owners of the dogs are the only nonresidents permitted
to participate in hunting the bear.
(2)(A) When a property owner has suffered damage to real or
personal property as the result of an act by a bear, the owner shall
file a report with the director of the division of natural
resources. The report shall state whether or not the bear was
hunted and destroyed and, if so, the sex, weight and estimated age
of the bear. The report shall also include an appraisal of the
property damage occasioned by the bear duly signed by three
competent appraisers fixing the value of the property lost.
(B) The report shall be ruled upon and the alleged damages
examined by a commission comprised of the complaining property owner, an officer of the division and a person to be jointly
selected by the officer and the complaining property owner.
(C) The division shall establish the procedures to be followed
in presenting and deciding claims under this section in accordance
with article three, chapter twenty-nine-a of this code.
(D) All claims shall be paid in the first instance from the
bear damage fund provided for in section forty-four-b of this
article. In the event the fund is insufficient to pay all claims
determined by the commission to be just and proper, the remainder
due to owners of lost or destroyed property shall be paid from the
special revenue account of the division of natural resources.
(3) In all cases where the act of the bear complained of by the
property owner is the killing of livestock, the value to be
established is the fair market value of the livestock at the date
of death. In cases where the livestock killed is pregnant, the
total value shall be the sum of the values of the mother and the
unborn issue, with the value of the unborn issue to be determined
on the basis of the fair market value of the issue had it been born.
In no event shall may the fair market value of the livestock exceed
twice the assessed value of the livestock for personal property
taxes.
(e) Criminal penalties. -- (1) Any person who commits a
violation of the provisions of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than one thousand dollars nor more than five thousand dollars, which
fine is not subject to suspension by the court, imprisoned in a county or regional jail not less than thirty nor more than one
hundred days, or both fined and imprisoned. Further, the person's
hunting and fishing licenses shall be suspended for two years.
(2) Any person who commits a second violation of the provisions
of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than two thousand dollars nor more
than seven thousand five hundred dollars, which fine is not subject
to suspension by the court, imprisoned in a county or regional jail
not less than thirty days nor more than one year, or both fined and
imprisoned. The person's hunting and fishing licenses shall be
suspended for life.
(3) Any person who commits a third or subsequent violation of
the provisions of this section is guilty of a felony and, upon
conviction thereof, shall be fined not less than five thousand
dollars nor more than ten thousand dollars, which fine is not
subject to suspension by the court, imprisoned in a correctional
facility not less than one year nor more than five years, or both
fined and imprisoned.
NOTE: The purpose of this bill is to protect bear cubs by
preventing the training of dogs to hunt bear from March first
through July thirty-first of each year.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.