WEST virginia legislature
2019 regular session
House Bill 2521
By Delegate Harshbarger, Paynter, Cooper, Bibby, Kelly, D., Atkinson, Sypolt, Hanna and Mandt
[Introduced January 18, 2019; Referred
to the Committee on Agriculture and Natural Resources then the Judiciary.]
A BILL to amend and reenact §29-2-11 of the Code of West Virginia, 1931, as amended, relating to permitting fur-bearer parts, including, but is not limited to, glands, skulls, urine, essence, claws, baculum and meat of game or fur-bearing animals, and the hides and tails of squirrels to be sold, traded or bartered.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-11. Sale of wildlife; transportation of same.
(a) A person, except those legally licensed to operate
private game preserves for the purpose of propagating game for commercial
purposes and those legally licensed to propagate or sell fish, amphibians and
other forms of aquatic life, may not purchase or offer to purchase, sell or
offer to sell, trade or offer to trade, barter or offer to barter, expose for
sale, trade or barter or have in his or her possession for the purpose of sale,
trade or barter any wildlife, or part thereof, which has been designated as
game animals, fur-bearing animals, game birds, game fish or amphibians, or any
of the song or insectivorous birds of the state, or any other species of
wildlife which the director may designate, except for captive cervids regulated
pursuant to the provisions of §19-2H-1 et seq. of this code. However,
pelts, and fur-bearer parts, including, but not limited to, glands, skulls,
urine, essence, claws, baculum, and meat, of game or fur-bearing animals
taken during the legal season may be sold, traded or bartered and live red and
gray foxes and raccoon taken by legal methods during legal and established
trapping seasons may be sold, traded or bartered within the state. In
addition, the hide, head, antlers and feet of a legally killed deer, lawfully
collected and possessed naturally shed deer antlers,
and the hide, head
and skull of a legally killed black bear, and the hide and tails of legally
killed squirrels may be sold, traded or bartered.
(b) A person, including a common carrier, may not transport, carry or convey, or receive for such purposes, any wildlife, the sale, trade or bartering of which is prohibited, if such person knows or has reason to believe that such wildlife has been or is to be sold, traded or bartered in violation of this section.
(c) Each separate act of selling or exposing for sale, trading or exposing for trade or bartering or exposing for barter or having in possession for sale, trade, barter, transporting or carrying in violation of this section constitutes a separate misdemeanor offense. Notwithstanding this or any other section of this chapter, any game birds or game bird meats sold by licensed retailers may be served at any hotel, restaurant or other licensed eating place in this state.
(d) The director may propose rules for promulgation in accordance with §29A-3-1 et seq. of this code dealing with the sale of wildlife and the skins thereof.
NOTE: The purpose of this bill is to permit fur-bearer parts, including, but is not limited to, glands, skulls, urine, essence, claws, baculum and meat of game or fur-bearing animals, and the hides and tails of squirrels to be sold, traded or bartered.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.