§20-2-3. State ownership of wildlife.

The ownership of and title to all wild animals, wild birds, both migratory and resident, and all fish, amphibians, and all forms of aquatic life in the State of West Virginia is hereby declared to be in the state, as trustee for the people. No such wildlife shall be taken or hunted in any manner, or at any time, unless the person so taking or hunting the same shall consent that the title thereto shall be and remain in the State of West Virginia for the purpose of regulating the taking, hunting, using and disposing of the same. The taking or hunting of wildlife at any time or in any manner by any person shall be deemed such consent: Provided, That, all fish, frogs and other aquatic life in privately-owned ponds are, and shall remain, the private property of the owner or owners of such privately-owned ponds, and that such fish, frogs and other aquatic life in such privately-owned ponds may be caught, taken or killed by such owner or owners at any time.

The ownership of and title to wildlife in the State of West Virginia belongs to the state as trustee for the people. Wildlife may not be taken or hunted in any manner unless the person consents to regulation by the state for the taking, hunting and use of wildlife. The act of taking, hunting or using wildlife by any person constitutes consent to the state’s regulation of wildlife. Fish, frogs and aquatic life in privately owned ponds are the private property of the owners of the privately owned ponds and may be caught, taken or killed by the owners at any time.

§20-2-5i. Leashed dogs for tracking mortally wounded deer or bear.

(a) Notwithstanding any provision of this chapter to the contrary, a person who is legally hunting and reasonably believes he or she has mortally wounded a deer or bear may either personally, or by engaging a dog handler, use a leashed dog to track and locate the mortally wounded deer or bear. The hunter or the dog handler shall maintain physical control of the leashed dog at all times.

(b) The act of tracking a mortally wounded deer or bear with a dog is hunting and is subject to all applicable laws and rules, including the requirement to have written permission to hunt on private property and to hunt during legal hunting hours. The hunter and the dog handler shall possess a valid West Virginia hunting license and any requisite stamps or permits. Only the hunter may kill a mortally wounded deer or bear, and the deer or bear shall count toward the bag limit of the hunter.

§20-2-16. Dogs chasing deer.

No person may permit or use his or her dog to hunt or chase deer. A natural resources police officer shall take into possession any dog known to have hunted or chased deer. and the director shall advertise that the dog is in his or her possession, giving a description of the dog and stating the circumstances under which it was taken. The notice shall be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for the publication is the county. He or she shall hold the dog for a period of ten days after the date of the publication. If, within ten days, the owner does not claim the dog, the director shall destroy it. In this event the cost of keeping and advertising shall be paid by the director. If, within ten days, the owner claims the dog, he or she may repossess it on the payment of costs of advertising and the cost of keep, not exceeding 50¢ per day. A natural resources police officer, or any officer or employee of the director authorized to enforce the provisions of this section, after a bona fide but unsuccessful effort to capture dogs detected chasing or pursuing deer, may kill the dogs If the owner of the dog can be ascertained, the dog shall be returned to the owner. If the owner of the dog cannot be ascertained, the natural resources police officer shall deliver the dog to the appropriate county humane officer or facility consistent with the provisions of this code.

§20-7-9. Violations of chapter generally; penalties.

(a) Any person violating ~~any of~~ the provisions of this chapter or rules promulgated ~~under the provisions of this chapter,~~ thereunder, when the punishment ~~for which~~ is not prescribed, shall be guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than $20 nor more than $300 or confined in jail not less than ten or more than one hundred days, or be both fined and imprisoned. ~~within the limitations aforesaid and, in~~

(b) In the case of a violation by a corporation, every officer or agent thereof directing or engaging in ~~such~~ each violation shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to the same penalties and punishment as herein provided.~~: Provided,~~ ~~That any~~

(c) Any person violating subdivision (3), section five, article two of this chapter, or section seven, section eight, or section ten, article two of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500 ~~and~~ or shall be imprisoned for not less than ten days nor more than one hundred days, or both fined and imprisoned.~~: Provided, however,~~ ~~That any~~

(d) Any person who is in violation of section twenty-seven, article two of this chapter as a result of their failure to have a valid Class E nonresident hunting and trapping license, as defined by section forty-two-d of this article, or a valid Class EE nonresident bear hunting license, as defined by section forty-two-e of this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor more than $500, or confined in jail not less than ten nor more than one hundred days, or both fined and imprisoned.~~: Provided further, That any~~

(e) Any person who is in violation of section twenty-seven, article two of this chapter as a result of their failure to have a Class F nonresident fishing license, as defined by section forty-two-f of this article, shall be guilty of a misdemeanor and, upon conviction thereof, fined not less than $100 nor more than $300 or confined in jail not less than ten nor more than one hundred days, or both fined and imprisoned.~~: And provided further, That any~~

(f) Any person violating any parking or speeding regulations as promulgated by the director on any state parks, state forests, public hunting and fishing areas and all other lands and waters owned, leased or under the control of the Division of Natural Resources shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $2 nor more than $100 or imprisoned in jail not more than ten days, or both fined and imprisoned.

Adopted

Rejected