SB 416 — Making fishing for catfish with bare hands lawful

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 416 By Senators Maynard and Cline [Introduced  January[Originating 30,in 2018;the Committee on Natural Resources;

ReferredReported on February 13, 2018]     A BILL to amend and reenact §20-2-5 of the CommitteeCode onof NaturalWest Resources;Virginia, 1931, as amended, relating to providing that noodling, or fishing for catfish using one’s bare hands, is lawful.

and then to the Committee on the Judiciary] A BILL to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to providing that noodling, or fishing for catfish using one’s bare hands, is lawful.

Except that between five5:00 o’clockp.m. post meridian of day one and seven o’clock ante meridian, Eastern Standard Time, of the following day, any unloaded firearm or crossbow may be carried only when in a case or taken apart and securely wrapped.

Duringof theday periodone fromand July7:00 1a.m., toEastern SeptemberStandard 30,Time, inclusive, of each year, the requirementsfollowing relativeday, toany carrying unloaded firearmsfirearm areor permissiblecrossbow onlymay frombe eight-thirtycarried o’clockonly postwhen meridianin toa fivecase o’clockor antetaken meridian,apart Easternand Standardsecurely Time: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 8:30 to 5:00 a.m., Eastern Standard Time:

Provided, That snaring of any species of suckers, carp, fallfish and creek chubs, is lawful and noodling,catching orcatfish fishingby forhand catfishare usinglawful one'sif baredone hands,by area lawful;holder of a valid license issued pursuant to §20-2-1 et seq.

of this code or a person excepted from licensing requirements pursuant to §20-2-28 of this code.

(26) Hunt on public lands on Sunday after five5:00 o’clocka.m.; ante meridian;

(28) Catch, take, kill, or attempt to catch, take or kill any fish by any means within 200200   feetfeet of division personnel engaged in stocking fish in public waters.

(b) Notwithstanding any ballot measure relating to Sunday hunting, it is lawful to hunt throughout the State of West Virginia on private lands on Sundays after the hour of five5:00a.m. o’clock ante meridian with the written consent of the private landowner pursuant to §20-2-7 of this code.

with the written consent of the private landowner pursuant to §20-2-7 of this code.

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 1010   daysdays nor more than 100 days;

Except that between five5:00 o’clockp.m. post meridian of day one and seven o’clock ante meridian, Eastern Standard Time, of the following day, any unloaded firearm or crossbow may be carried only when in a case or taken apart and securely wrapped.

Duringof theday periodone fromand July7:00 1p.m., toEastern SeptemberStandard 30,Time, inclusive, of each year, the requirementsfollowing relativeday, toany carrying unloaded firearmsfirearm areor permissiblecrossbow onlymay frombe eight-thirtycarried o’clockonly postwhen meridianin toa fivecase o’clockor antetaken meridian,apart Easternand Standardsecurely Time: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 8:30 p.m.

to 5:00 p.m., Eastern Standard Time:

Provided, That snaring of any species of suckers, carp, fallfish and creek chubs, is lawful and noodling,catching or fishing for catfish usingby one'shand, bareis hands, are lawful;

and (27) Hunt or conduct hunts for a fee when the person is not physically present in the same location as the wildlife being hunted within West Virginia.Virginia;

(b)and Notwithstanding (28) anyThe ballotdirector measuremay relatingpropose toemergency Sundayor hunting,legislative itrules isfor lawfullegislative toapproval huntin throughoutaccordance the State of West Virginia on private lands on Sundays after the hour of five o’clock ante meridian with the§29A-3-1 writtenet consentseq. of the private landowner pursuant to §20-2-7 of this code.

of this code to implement the provisions of this section.

(b) Notwithstanding any ballot measure relating to Sunday hunting, it is lawful to hunt throughout the State of West Virginia on private lands on Sundays after the hour of 5:00 a.m.

with the written consent of the private landowner pursuant to §20-2-7 of this code.

During the 2017 Regular Session of the Legislature, this section was amended by House Bill 2679 and Senate Bill 345 and there has been no judicial ruling to determine which, if either, amendments prevail.

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