HB2515 H A&N AM 2-17

            The Committee on Agriculture and Natural Resources moved to amend the bill as follows:

            On page 3, section 5a, line 13 by striking the term “$5,000" and inserting in lieu thereof the term “$4,500";

            And

            On page 4, section 5h, line 12 by striking the remainder of the bill and inserting in lieu thereof the following:

§20-2-5h. Elk restoration; depredation permits; rule-making; providing criminal penalties.

            (a) The Legislature hereby finds and declares that:

            (1) Pursuant to section one, article one of this chapter, the division is charged with developing comprehensive programs for the exploration, conservation, development, protection, enjoyment and use of the natural resources of the State of West Virginia.

            (2) Hunting is a valued natural heritage of the citizens of the state.

            (3) Eastern Elk were once common native elk species in the State prior to and following its formation, but historical records indicate native elk were extirpated from the State of West Virginia around 1875.

            (4) Until recently, free roaming elk have not been present in the state.

            (5) Section two, article one of this chapter defines elk as a game animal. However there is currently no open hunting season for this species due to population levels that would not sustain hunting.

            (6) The citizens have expressed a desire for, and would benefit from, active elk restoration in the state.

            (b) The division, as the agency charged with preserving the hunting heritage in the state, shall take an active role in the reintroduction of the elk species in the elk management area designated by the division and shall establish an effective, science-based elk management plan. The elk management area is composed of the following: (1) Logan County; (2) Mingo County; (3) McDowell County; (4) Wyoming County; (5) part of Boone County; (6) part of Lincoln County; and (7) part of Wayne County. Neither the director nor any officer, employer or agent of the division may expand the elk management area without statutory authorization.

            (c) The director shall promulgate rules in accordance with article three, chapter twenty-nine-a of this code establishing the conditions under which depredation permits may be issued to persons suffering damage from elk to allow the taking of elk and to develop protocols for the management of elk outside the elk management area: Provided, That there will be a continuous open season for elk in the state north of US Route 60.

            (d) The director shall promulgate rules establishing an elk damage fund sufficient to pay for damages caused to crops, fences and other property.

            (e) The director may promulgate rules in accordance with article three, chapter twenty-nine-a of this code establishing the conditions and permits that would allow the management and future hunting of elk, which, upon reintroduction, shall be wild animals for all purposes of this chapter. It shall be unlawful for any person to hunt, capture or kill any elk, or have in his or her possession any elk or elk parts, except for elk lawfully taken, killed or obtained, during an established open hunting season for elk.

            (f) 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 $1,000 nor more than $5,000, which fine is not subject to suspension by the court, or imprisoned in a state correctional facility 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 a period of 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 $2,000 nor more than $7,500, which fine is not subject to suspension by the court, or imprisoned in a state correctional facility not less than thirty days nor more than one year, or both fined and imprisoned.

            (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 $5,000 nor more than $10,000, which fine is not subject to suspension by the court, or imprisoned in a state correctional facility not less than one year nor more than five years, or both fined and imprisoned.

Adopted

Rejected