HB 2540 — Prohibiting the waste of game animals, game birds or game fish

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COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.

NEWS RELEASES HELPFUL LINKS Committee Substitute « House Bill 2540 History OTHER VERSIONS  —  Introduced Version  |  Enrolled Version - Final Version  |   |  Email Key:

Green = existing Code.

Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for House Bill 2540 By Delegates Harshbarger, Paynter, Sypolt, Cooper, Hanna, Bibby, Hott and Brown, N.

[Originating in the Committee on the Judiciary, February 18, 2019.] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-5i, relating to prohibiting the waste of any edible portion of big game or game fish;

making it unlawful to take any big game and detach or remove the head, hide, antlers, tusks, paws, claws, gallbladder, teeth, beards, or spurs only and leave the carcass to waste;

setting forth exceptions;

and establishing criminal penalties for violations.

Be it enacted by the Legislature of West Virginia:

Waste of game animals, game birdsbirds, or game fish;

(a) It is unlawful for any person to cause through carelessness, neglectneglect, or otherwise to let any edible portion of any big game or game fish to go to waste needlessly.

For(b) theFor purposes of this section, “edible portion” means, with respect to:

(A)(1) Big gamegame. – one or more of the following:

(i)— theOne meator more of the frontfollowing: quarters to the knee;

(ii)(A) the meat of the hind-quartersfront quarters to the hock;knee;

or(B) (iii) the meat alongof the backbonehind-quarters betweento the fronthock; quarters and hind quarters:

or (C) the meat along the backbone between the front quarters and hind quarters:

(B)(2) Game fishfish. – the fillet meat from the gill plate to the tail fin.

(C)— EdibleThe portionfillet does not include bones, sinew, viscera, meat from the headgill orplate neck,to meatthe thattail hasfin. been damaged or rendered inedible by method of taking, or meat that is reasonably lost as a result of boning or close trimming of bones.

(b)(3) ItEdible isportion unlawfuldoes fornot anyinclude personbones, tosinew, takeviscera, anymeat bigfrom gamethe andhead detach or removeneck, frommeat thethat carcasshas thebeen head,damaged hide,or antlers,rendered tusks,inedible paws,by claws,method gallbladder,of teeth,taking, beards, or spursmeat onlythat andis leavereasonably thelost carcassas toa waste.result of boning or close trimming of bones.

(c) AnyIt personis whounlawful throughfor noany carelessness,person neglect or otherwise, is unable to locatetake the carcass of any lawfully taken big game priorand to the spoilage or decay of any or all edible portions may detach or remove from the carcass the head, hide, antlers, tusks, paws, claws, gallgallbladder, bladder, teeth, beards, or spurs: spurs Provided,only That the big game is registered and shallleave be counted toward the daily,carcass seasonal,to bag,waste. and possession limit of the person in possession of, or responsible for taking the big game.

(d) Any person violatingwho through no carelessness, neglect, or otherwise, is unable to locate the provisionscarcass of thisany sectionlawfully istaken guiltybig game prior to the spoilage or decay of aany misdemeanoror and,all uponedible convictionportions thereof,may detach or remove from the carcass the head, hide, antlers, tusks, paws, claws, gall bladder, teeth, beards, or spurs: Provided, That the big game is registered and shall be subjectcounted totoward the followingdaily, penalties,seasonal, withbag, respectand to:possession limit of the person in possession of, or responsible for taking the big game.

(1)(e) BigAny gameperson violations:violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the following penalties, with respect to:

(A)(1) ABig finegame ofviolations. not less than $500 nor more than $2,500, or confinement in jail not less than 10 days nor more than 100 days, or both fined and confined.

(B)— Suspension(A) A fine of huntingnot andless fishingthan license$500 fornor fivemore years.than $2,500, or confinement in jail not less than 10 days nor more than 100 days, or both fined and confined;

(C)(B) AllSuspension applicableof forfeiturehunting and replacementfishing provisionslicense infor §20-2-5aa period of thisfive code.years;

(2)and Game(C) fishAll violations:applicable forfeiture and replacement provisions in §20-2-5a of this code.

(A)(2) AGame finefish ofviolations. not less than $100 nor more than $500, or confinement in jail not less than 10 days nor more than 100 days, or both fined and confined.

(B)— Suspension(A) A fine of huntingnot andless fishingthan license$100 fornor twomore years. than (C)$500, Allor applicableconfinement forfeiturein andjail replacementnot provisionsless inthan §20-2-5a10 ofdays thisnor code.more than 100 days, or both fined and confined;

 (B) NOTE:Suspension of hunting and fishing license for a period of two years;

Theand purpose(C) ofAll thisapplicable billforfeiture isand toreplacement prohibitprovisions thein waste§20-2-5a of bigthis gamecode. animals and game fish, and create a misdemeanor with criminal penalties for the violation thereof.

Strike-throughs  indicateAdopted languageRejected that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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