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Introduced Version Senate Bill 124 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 124

(By Senator Hunter)

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[Introduced January 9, 2008; referred to the Committee on Natural Resources.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-5h, relating to prohibiting timbering operations within five hundred feet of any stream in this state that harbors native brook trout; and providing for criminal penalties for persons who violate the prohibition.

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 section, designated §20-2-5h, to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5h. Prohibition against timbering activities within five hundred feet of any stream harboring a native brook trout population.

(a) Notwithstanding any other provision of this code to the contrary, no timbering operation or activity in this state may be permitted or conducted within five hundred feet of any stream in which a population of native brook trout exist. The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code designed to designate locations of streams with native brook trout populations which are subject to the provisions of this section.
(b) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than two thousand five hundred dollars. Upon conviction for a second or subsequent violation of this section, a violator shall be fined not more than five thousand dollars or confined in jail not more than ninety days, or both fined and confined.


NOTE: The purpose of this bill is to prohibit timbering operations within five hundred feet of any stream in this state that harbors native brook trout. Towards this goal the bill creates criminal penalties.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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