Senate Bill No. 358

(By Senators Laird and Miller)

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[Introduced January 31, 2011; referred to the Committee on Natural Resources.]

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A BILL to amend and reenact §20-2-4 of the Code of West Virginia, 1931, as amended, relating to electronic registration of wildlife.

Be it enacted by the Legislature of West Virginia:
That §20-2-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-4. Possession of wildlife.
Except for wildlife, lawfully taken, killed or obtained, no person shall may have in his or her possession any wildlife, or parts thereof, during closed seasons. It is unlawful to possess any wildlife, or parts thereof, which have been illegally taken, killed or obtained. Any wildlife illegally taken, killed or possessed shall be forfeited to the state and shall be counted toward the daily, seasonal, bag, creel and possession limit of the person in possession of, or responsible for, the illegal taking or killing of any wildlife.
Wildlife lawfully taken outside of this state shall be is subject to the same laws and rules as that taken within this state.
Migratory wild birds shall may be possessed only in accordance with the "Migratory Bird Treaty Act" and regulations thereunder.
The restrictions in this section do not apply to the director or duly authorized agents, who may, in any manner, take or maintain in captivity, at any time, any wildlife for the purpose of carrying out the provisions of this chapter.
Wildlife, except protected birds, spotted fawn, and bear cubs, killed or mortally wounded as a result of being accidentally or inadvertently struck by a motor vehicle may be lawfully possessed Provided, That if the possessor of such the wildlife shall provide provides notice of the claim within twelve hours to a relevant law- enforcement agency, and obtain obtains a nonhunting game tag within twenty-four hours of possession. The director shall propose administrative policy which shall address addresses the means, methods and administrative procedures for implementing the provisions of this section.
Persons required to deliver wildlife to an official checking station may, in accordance with rules promulgated by the director, electronically register the wildlife in lieu of the delivery to an official checking station. "Electronically register" means submission of all necessary and relevant information to the division, in the manner designated by rule, in lieu of delivery of the wildlife to an official checking station. The director may promulgate rules, pursuant to article three, chapter twenty-nine-a of this code, governing the electronic registration of wildlife.

NOTE: The purpose of this bill is to authorize electronic registration of wildlife.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.