Bill Text: WV SB537 | 2020 | Regular Session | Introduced
Bill Title: Relating to hunting, trapping, and fishing licenses
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-20 - To Natural Resources [SB537 Detail]
Download: West_Virginia-2020-SB537-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
Senate Bill 537
By Senator Maynard
[Introduced January 20,
2020; referred
to the Committee on Natural Resources]
A BILL to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating generally to hunting, trapping, and fishing licensing; and permitting nonresident landowners and certain of their family members to hunt, trap, and fish on the nonresident landowner’s land without obtaining a license.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-28. When licenses or permits not required.
Persons in the following categories are not required to obtain licenses or permits as indicated:
(a) (1) Bona fide resident landowners or their
resident children, or resident parents, or bona fide resident tenants of the
land may hunt, trap, or fish on their own land during open season in accordance
with the laws and rules applying to the hunting, trapping, and fishing without
obtaining a license, unless the lands have been designated as a wildlife refuge
or preserve.
(2) Bona fide nonresident landowners or their children or parents, who reside in the same household as the landowner, may hunt, trap, or fish on their own land during open season in accordance with the laws and rules applying to the hunting, trapping, and fishing without obtaining a license, unless the lands have been designated as a wildlife refuge or preserve.
(b) (3) Any bona fide resident of this state who
is totally blind may fish in this state without obtaining a fishing license. A
written statement or certificate from a duly licensed physician of this state
showing the resident to be totally blind shall serve in lieu of a fishing
license and shall be carried on the person of the resident at all times while
he or she is fishing in this state.
(c) (4) All residents of West Virginia on active
duty in the armed forces of the United States of America, while on leave or
furlough, may hunt, trap, or fish in season in West Virginia without obtaining
a license. Leave or furlough papers shall serve in lieu of any license and
shall be carried on the person at all times while trapping, hunting, or
fishing.
(d) (5) In accordance with the provisions of §20-2-27
of this code, any resident 65 years of age or older before January 1, 2012, is
not required to have a license to hunt, trap, or fish during the legal seasons
in West Virginia, but in lieu of the license the person shall at all times
while hunting, trapping, or fishing carry on his or her person a valid West
Virginia driver’s license or nondriver identification card issued by the
Division of Motor Vehicles.
(e) (6) Except as otherwise provided for in this
section, residents of states that share river borders with the State of West
Virginia who carry hunting or fishing licenses valid in that state may hunt or
fish without obtaining licenses, but the hunting or fishing shall be confined
to the fish and waterfowl of the river proper and not on its tributaries: Provided,
That the state shall first enter into a reciprocal agreement with the director
extending a like privilege of hunting and fishing to licensed residents of West
Virginia without requiring the residents to obtain that state’s hunting and
fishing licenses.
(f) (7) Residents of the State of Ohio who carry
hunting or fishing licenses valid in that state may hunt or fish on the Ohio
River or from the West Virginia banks of the river without obtaining licenses,
but the hunting or fishing shall be confined to fish and waterfowl of the river
proper and to points on West Virginia tributaries and embayments identified by
the director: Provided, That the State of Ohio shall first enter into a
reciprocal agreement with the director extending a like privilege of hunting
and fishing from the Ohio banks of the river to licensed residents of West
Virginia without requiring the residents to obtain Ohio hunting and fishing
licenses.
(g) (8) Any resident of West Virginia who was
honorably discharged from the Armed Forces of the United States of America and
who receives a veteran’s pension based on total permanent service-connected
disability as certified to by the Veterans Administration may hunt, trap or
fish in this state without obtaining a license. The director shall propose
rules for legislative approval in accordance with the provisions of §29A-3-1 et
seq. of this code setting forth the procedure for the certification of the
veteran, manner of applying for and receiving the certification and
requirements as to identification while the veteran is hunting, trapping, or
fishing.
(h) (9) Any disabled veteran who is a resident of
West Virginia and who, as certified to by the Commissioner of Motor Vehicles,
is eligible to be exempt from the payment of any fee on account of registration
of any motor vehicle owned by the disabled veteran as provided §17A-10-8 of
this code shall be permitted to hunt, trap, or fish in this state without
obtaining a license. The director shall propose rules for legislative approval
in accordance with the provisions of §29A-3-1 et seq. of this code
setting forth the procedure for the certification of the disabled veteran,
manner of applying for and receiving the certification, and requirements as to
identification while the disabled veteran is hunting, trapping, or fishing.
(i) (10) Any resident or inpatient in any state
mental health, health, or benevolent institution or facility may fish in this
state, under proper supervision of the institution involved, without obtaining
a fishing license. A written statement or certificate signed by the
superintendent of the mental health, health, or benevolent institution or
facility in which the resident or inpatient, as the case may be, is
institutionalized shall serve in lieu of a fishing license and shall be carried
on the person of the resident or inpatient at all times while he or she is
fishing in this state.
(j) (11) Any resident who is developmentally
disabled, as certified by a physician and the Director of the Division of
Health, may fish in this state without obtaining a fishing license. As used in
this section, “developmentally disabled” means a person with a severe, chronic
disability which:
(1) (A) Is attributable to a mental or physical
impairment or a combination of mental and physical impairments;
(2) (B) Is manifested before the person attains
age 22;
(3) (C) Results in substantial functional limitations
in three or more of the following areas of major life activity:
(A) (i) Self-care;
(B) (ii) Receptive and expressive language;
(C) (iii) Learning;
(D) (iv) Mobility;
(E) (v) Self-direction;
(F) (vi) Capacity for independent living; and
(G) (vii) Economic self-sufficiency; and
(4) (D) Reflects the person’s need for a
combination and sequence of care, treatment or supportive services which are of
lifelong or extended duration and are individually planned and coordinated.
(k) (12) A student 18 years of age or younger
receiving instruction in fly fishing in a public, private, parochial, or
Christian school in this state may fly fish in the state for catch and release
only without obtaining a fishing license while under the supervision of an
instructor authorized by the school.
NOTE: The purpose of this bill is to provide for nonresident landowners and certain of their family members to hunt, trap, or fish on the nonresident landowner’s land without a license.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
