SB 451 — Relating generally to hunting and fishing

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 451 By Senators Maynard, Clements, Ferns, Gaunch, Maroney, Rucker, Smith, Swope, Weld, and Cline,Cline original[Originating sponsorsin [Passedthe MarchCommittee 6,on 2018;the Judiciary;

inReported effecton 90February days15, from2018] passage]  AN  ACT              A BILL to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended;

allowing certain persons to carry firearms,a includingrifle handguns, rifles, or shotguns,shotgun for self-defenseself-defense, with certain exceptions;

removing alimit limitation on the starting time for Sunday hunting on private lands with the landowner’s permission;

requiringproviding crossbowsthat the misdemeanor offenses of hunting, trapping, or fishing on the lands of another person, entering posted lands, violations of trout fishing laws and bowsrules, beand caseddestroying whenposted inland asigns motorwill vehicleall duringcarry certainpenalties times;equivalent to the penalty for the offense of criminal trespass;

prohibiting nocked bows from being transported in a motor vehicle;

providing that the misdemeanor offenses of hunting, trapping, or fishing on the lands of another person, entering posted lands, hunting on private land on Sunday without written permission, and destroying posted land signs will all carry penalties equivalent to the penalty for the offense of criminal trespass;

(3)          Use or attempt to use any artificial light or any night vision technology, including image intensification, thermal imaging, or active illumination while hunting, locating, attracting, taking, trapping, or killing any wild bird or wild animal:animal:  Provided, That it is lawful to hunt or take coyote, fox, raccoon, opossum, or skunk by the use of artificial light or night vision technology, including image intensification, thermal imaging, or active illumination.  Any person violating this subdivision is guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than $100 nor more than $500, and shall be confined in jail for not less than 10 days nor more than 100 days;

Provided, That it is lawful to hunt or take coyote, fox, raccoon, opossum, or skunk by the use of artificial light or night vision technology, including image intensification, thermal imaging, or active illumination.

Any person violating this subdivision is guilty of a misdemeanor and, upon conviction thereof, shall for each offense be fined not less than $100 nor more than $500, and shall be confined in jail for not less than 10 days nor more than 100 days;

(7)          Catch, capture, take, hunt, or kill by seine, net, bait, trap, or snare or like device a bear, wild turkey, ruffed grouse, pheasant, or quail;

(C)          A person carrying a firearm pursuant to sections six and six-a of this article §20-2-6 of this code;

or (D)          A person carrying a firearm handgun for self-defense who is not prohibited from possessing firearms by section seven, article seven, chapter sixty-one of this code under state or federal law;

or (E) A person carrying a rifle or shotgun for self-defense who is not prohibited from possessing firearms under state or federal law:law:  Provided, That this exception does not apply to an uncased rifle or shotgun carried specifically in a state park, state forest recreational facilities, and marked trails within state park or state forest borders.

Provided,(10)        ThatHave thisin exceptionhis doesor nother applypossession toa ancrossbow uncasedwith a nocked bolt or a rifle or shotgun carriedwith specificallycartridges inthat statehave parknot been removed or statea forestmagazine recreationalthat facilitieshas andnot markedbeen trailsdetached, withinin stateor parkon any vehicle or stateconveyance, forestor borders.its attachments.

(10)       For Possessthe apurposes loadedof this section, a rifle or shotgun,shotgun awhose bowmagazine withreadily adetaches nockedis arrow,considered orunloaded crossbowif withthe amagazine nockedis bolt,detached inand orno oncartridges anyremain vehiclein orthe conveyance,rifle or itsshotgun attachments.itself.

AExcept riflethat orbetween shotgunfive witho’clock cartridgespost thatmeridian haveof notday beenone removedand seven o’clock ante meridian, Eastern Standard Time, of the following day, any unloaded firearm or acrossbow magazinemay thatbe hascarried notonly beenwhen detachedin isa consideredcase loaded.or taken apart and securely wrapped.

During the period from July 1 to September 30, inclusive, of each year, the requirements relative to carrying unloaded firearms are permissible only from eight-thirty o’clock post meridian to five o’clock ante meridian, Eastern Standard Time:

Provided, That the time periods for carrying unloaded and uncased firearms are extended for one hour after the post meridian times and one hour before the ante meridian times established in this subdivision, if a person is transporting or transferring the firearms to or from a hunting site, campsite, home or other abode.

Possess a loaded rifle or shotgun, a bow with a nocked arrow, or crossbow with a nocked bolt, in or on any vehicle or conveyance, or its attachments.  A rifle or shotgun with cartridges that have not been removed or a magazine that has not been detached is considered loaded.

(11) (12) Hunt, catch, take, kill, injure, or pursue a wild animal or wild bird with the use of a ferret;

(12) (13) Buy raw furs, pelts, or skins of fur-bearing animals unless licensed to do so;

(13) (14) Catch, take, kill, or attempt to catch, take, or kill any fish by any means other than by rod, line, and hooks with natural or artificial lures, unless otherwise authorized by the director:director:  Provided, That snaring of any species of suckers sucker, carp, fallfish, and creek chubs chub is lawful;

Provided, That snaring of any species of sucker, carp, fallfish, and creek chub and catching catfish by hand are lawful if done by a holder of a valid license issued pursuant to §20-2-1 et seq.

of this code or is exempted from licensure pursuant to §20-2-27 or §20-2-28 §20-2-28 of this code;

(14) (15) Employ, hire, induce, or persuade, with money, things of value, or by any means, any person to hunt, take, catch, or kill any wild animal or wild bird except those species in which there is no closed season;

(15) (16) Hunt, catch, take, kill, capture, pursue, transport, possess, or use any migratory game or nongame birds except as permitted by the Migratory Bird Treaty Act, 16 U.S.C.

§703,§ 703, et seq., and its regulations;

(16) (17) Kill, take, catch, sell, transport, or have in his or her possession, living or dead, any wild bird other than a game bird, including the plumage, skin, or body of any protected bird, irrespective of whether the bird was captured in or out of this state, except the English or European sparrow (Passer domesticus), starling (Sturnus vulgaris), and cowbird (Molothrus ater), which may be killed at any time;

(17) (18) Use dynamite, explosives, or any poison in any waters of the state for the purpose of killing or taking fish.fish.  Any person violating this subdivision is guilty of a felony, and upon conviction thereof, shall be fined not more than $500 or imprisoned confined for not less than six months nor more than three years, or both fined and imprisoned confined;

Any(18) person(19) violatingHave this subdivision is guilty of a felony,bow and upongun, conviction thereof, shall be fined not more than $500 or confinedhave fora notgun lessand thanany sixarrow, monthsin northe morefields than three years, or bothwoods finedat andthe confined;same time;

(19) (20) Have a bowcrossbow andin gun,the woods or havefields, or use a guncrossbow andto hunt for, take, or attempt to take any arrow,wildlife inexcept theas fieldsotherwise orprovided woodsin at§20-2-5g theand same§20-2-42w time;of this code;

(20) Have(21) aTake crossbowor inattempt theto woodstake orturkey, fields,bear, elk, or usedeer awith crossbowany toarrow huntunless for,the take,arrow oris attemptequipped towith takea anypoint wildlifehaving exceptat asleast otherwisetwo providedsharp cutting edges measuring in §20-2-5gexcess andof §20-2-42wthree fourths of thisan code;inch wide;

(21) (22) Take or attempt to take turkey,any bear,wildlife elk, or deer with anyan arrow unlesshaving thean arrowexplosive ishead equippedor withshaft, a pointpoisoned havingarrow, ator leastan twoarrow sharpwhich cuttingwould edgesaffect measuringwildlife inby excessany ofchemical threeaction; fourths of an inch wide;

(22) Take(23) orShoot attempt to take any wildlife with an arrow havingacross an explosive head or shaft, a poisoned arrow, or an arrow which would affect wildlife by any chemicalpublic action;highway;

(23) Shoot(24) anPermit arrowany acrossdog owned or under his or her control to chase, pursue, or follow the tracks of any publicwild highway;animal or wild bird, day or night, between May 1 and August 15:

(24)Provided, PermitThat anydogs dogmay ownedbe trained on wild animals and wild birds, except deer and wild turkeys, and field trials may be held or underconducted on the grounds or lands of the owner, or by his or her controlbona tofide chase,tenant, pursue, or followupon the tracksgrounds or lands of another person with his or her written permission, or on public lands at any wildtime.  animalNonresidents may not train dogs in this state at any time except during the legal small game hunting season.  A person training dogs may not have firearms or wildother bird,implements dayfor taking wildlife in his or night,her betweenpossession Mayduring 1the closed season on wild animals and Augustwild 15:birds, except a person carrying a firearm for self-defense who is not prohibited from possessing firearms under state or federal law;

Provided,(24) That(25) dogsConduct mayor beparticipate trainedin ona wildtrial, animalsincluding anda wildfield birds,trial, exceptshoot-to-retrieve deer and wild turkeys, and field trialstrial, maywater berace, held or conductedwild onhunt: the grounds or lands of the owner, or by his or her bona fide tenant, or upon the grounds or lands of another person with his or her written permission, or on public lands at any time.

NonresidentsProvided, That any person, group of persons, club, or organization may nothold traina dogstrial inupon obtaining a permit pursuant to section fifty-six §20-2-56 of this statearticle atcode.  anyThe timeperson exceptresponsible duringfor obtaining the legalpermit smallshall gameprepare huntingand season.keep an accurate record of the names and addresses of all persons participating in the trial and make the records readily available for inspection by any natural resources police officer upon request;