reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-4. Director to Be Chief Executive Officer; Appointment, Term and Qualifications; Vacancy; Removal

The director shall be the chief executive officer of the department. Subject to provisions of law, he shall organize the department into such offices, divisions, agencies and other units of activity as may be found by him necessary and desirable in the orderly, efficient and economical administration of the department for the accomplishment of its objects and purposes.
The director shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall continue to serve until his successor is appointed and qualified as provided. On or before July 1, 1961, the Governor shall appoint the director for a term ending on December 31, 1962. Upon the expiration of such term, the Governor shall appoint the director for a term of four years commencing on January 1, 1963, and, upon the expiration thereof, for successive terms of four years each next thereafter. A vacancy occurring in the office during any term thereof shall be filled by appointment as herein provided for the remainder of such term.
The director may be removed from office by the Governor for cause as provided in the Constitution. At the time of his initial appointment, he shall be at least thirty years old and shall be selected with special reference and consideration given to his training, experience, capacity and interest in the natural resources program as herein embraced. He shall not be a candidate for or hold any other public office, shall not be a member of any political party committee, and shall immediately forfeit and vacate his office as director in the event he becomes a candidate for or accepts appointment to any other public office or political party committee.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-5. Salary, Expenses, Oath and Bond of Director

The director shall receive an annual salary as provided in section two-a, article seven, chapter six of this code, payable at least twice per month and shall be allowed and paid necessary expenses incident to the performance of his or her official duties. Prior to the assumption of the duties of his or her office, he or she shall take and subscribe to the oath required of public officers by the Constitution of West Virginia and shall execute a bond, with surety approved by the Governor, in the penal sum of $10,000, which executed oath and bond shall be filed in the office of the Secretary of State. Premiums on the bond shall be paid from division funds.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-6. Offices and Office Hours

The director shall arrange with the General Services Division of the department of finance and administration for adequate office space, accommodations and facilities for the department of natural resources in the State Capitol offices. The department of finance and administration shall make such office accommodations and facilities available and shall provide for orderly servicing and maintenance thereof. The offices of the director and of the department shall be opened and staffed for business transactions and services during regular hours.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-8. Personnel Management

A merit system of personnel management shall be established and maintained for all personnel of the department in order to ensure and provide for impartial selection of competent and qualified personnel and to accord to all department employees rights of tenure and advancement during satisfactory discharge of their duties.
In lieu of establishment of a merit system of personnel management for the department, the director may resort to and rely upon the civil service commission and civil service system for personnel and personnel services of the department.
The director may select a personal secretary and two deputy directors of the department to serve at the director's will and pleasure. The director shall fix the compensation of the secretary and the two deputy directors and shall prescribe their duties and responsibilities. The director, the secretary and the two deputy directors shall not have and enjoy merit system status, as herein provided, but any deputy director, when selected from department personnel ranks, shall retain and be accorded all of the rights of his merit system status regardless of his selection and tenure as deputy director.
The director shall select and designate a competent and qualified person as department personnel officer who shall be responsible for personnel management, personnel records and general personnel services. The personnel officer, under supervision of the director and subject to merit system rules, regulations and requirements, shall prescribe qualifications, classifications and salary scales for department personnel. He shall furnish to the director information and data relating to qualified personnel available for the various offices, positions and places of employment and may make recommendations concerning the selection, retention and advancement of personnel of the department.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-9. Fiscal Management

Subject to any controlling rules and regulations of the department of finance and administration relating to state fiscal management policies and practices, the director shall establish in the department an adequate budget, finance and accounting system which will currently and accurately reflect the fiscal operations and conditions of the department at all times. The department's accounting and auditing services shall be on a fiscal-year basis.
The director shall select and designate a competent and qualified person as department fiscal officer who, under the supervision of the director, shall be responsible for all budget, finance and accounting services of the department. All moneys received by the department shall be recorded and shall be paid as special revenue to the department of natural resources, as provided in subdivision (i), section two, article two, chapter twelve of this code, except in cases wherein certain receipts of the department are by specific provisions of this chapter required to be paid into some special fund or funds.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-10. Property Management

(a) The division shall maintain at all times an accurate record of all of its lands, interests in lands, buildings, structures, equipment and other tangible properties and assets. The record shall reflect the location, utility, condition and estimated value of all such properties and assets. The division shall provide for the maintenance, preservation and custody of all such properties and assets.
(b) Subject to the provisions of 20-1-19 of this code, when any item or items or lands are deemed obsolete or are no longer needed the division shall have the authority, with the approval in writing of the Secretary of Commerce, to sell, lease, or otherwise dispose of property that is under the jurisdiction and control of the director. The director may convey property in exchange for money, security or property, both real and personal, and any interest in such property, including lands and waters, which he or she deems suitable for the purposes of the division.
(c) The director shall select and designate a competent and qualified person as division property officer, who shall be responsible for the divisions records relating to its properties and assets and for the maintenance, preservation, custody and disposition of all such properties and assets as herein provided.
(d) Subject to valid existing rights, division owned wildlife management area lands shall be open to access and use for recreational hunting and shooting except as limited by the division for reasons of public safety, fish and wildlife management or homeland security or as otherwise limited by law.
(e) The division shall exercise its authority consistent with subsection (d) to support, promote and enhance recreational hunting and shooting opportunities, to the extent authorized by statute. The division shall give preference to hunting and shooting over other uses of division owned wildlife management area lands.
(f) Division land management decisions and actions may not result in a net loss of habitat land acreage available for hunting and shooting opportunities on division owned wildlife management area lands that exists on the effective date of this section.
(g) On or before December 1, the division shall submit an annual report to the Governor and to the Joint Committee on Government and Finance, including the following:
(1) The acreage administered by the division that has been closed during the previous year to recreational hunting and the reasons for the closures; and
(2) The acreage administered by the division that, in order to comply with the provisions of subsection (f) was opened to recreational hunting to compensate for that acreage.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-10a. Authority to Convey Land to County Board of Education for Educational Purposes

To further an appreciation and understanding of the outdoors by the youth of this state, the director is hereby authorized to enter into long-term agreements, with the written approval of the Governor, leasing unto the county board of education of any county wherein are situate lands belonging to the department of natural resources, for nominal consideration, one parcel of rural land not exceeding in size one acre for each five hundred students registered in the public schools of the county at the time of the lease. Such land shall be used by the county board of education exclusively to establish and maintain an outdoor education program and for no other purpose. By a multicounty agreement, the county boards of education of any county or counties in which no land belonging to the department of natural resources is located may join with any other county or counties in which such land is located to establish and maintain a joint outdoor education program and the combined student enrollment of the counties joining into such an agreement shall determine the maximum acreage that may be leased by the department of natural resources for such purposes.
If the department of natural resources makes a finding that land leased pursuant to this section has ceased to be used for the purposes set forth herein for a period of three consecutive years, the director shall notify the affected county board or boards of education of such a finding in writing. Upon the expiration of sixty days from receipt of said notice, such lease shall become null and void and control of such leased land shall revert to the department of natural resources unless the affected board or boards of education have petitioned the circuit court of the county wherein the land or the greater portion thereof lies for review of the said finding.
Upon petition and hearing, the said circuit court shall determine whether the land has ceased to be used for the purposes set forth in this section. Periodic or incidental use of the land for less than six months of each calendar year shall not be sufficient to support a finding that the land has ceased to be used for the purposes set forth herein. If the said circuit court determines that the land has ceased to be used for the purposes set forth herein, the court shall, by written order, declare the lease null and void and reinstate control of the leased land in the department of natural resources.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-11. Public Relations

The department shall collect, organize and from time to time distribute to the public, through news media or otherwise, interesting facts, information and data concerning the natural resources of the state and the functions and services of the department. The director may organize and promote lectures, demonstrations, symposiums, schools and other educational programs relating to the state's natural resources. Motion pictures, slide films and other photographic services may be provided for instruction on natural resources for schools, other governmental agencies, and civic organizations under such rules and regulations as may be prescribed by the director.
The director shall select and designate a competent and qualified person as department public relations officer, who shall be responsible for the organization and management of the department's public relations program. He may prepare and distribute from time to time pamphlet materials and other compilations and publications of the department and may cooperate with other governmental agencies in the publication and distribution of such materials.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-12. Surveys and Planning

As departmental projects or in cooperation with other governmental or private agencies, the director may organize and promote surveys and explorations relating to the state's natural resources, their utility, development and protection. The state geological and economic survey commission, the department of mines, the Department of Agriculture, the Department of Commerce and other governmental agencies and activities shall cooperate, whenever and wherever practicable to do so, with the department in its survey and exploration work.
The director shall select and designate a competent and qualified person as department surveys officer who shall be responsible for the organization, promotion and correlation of the surveys and explorations as herein provided. He shall work closely with other offices and divisions of the department in order to effect maximum development, utilization, protection and enjoyment of the state's natural resources.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-13. Law Enforcement and Legal Services

The director shall select and designate a competent and qualified person to be the chief natural resources police officer, who has the title of colonel and who is responsible for the prompt, orderly and effective enforcement of all of the provisions of this chapter. Under the supervision of the director and subject to personnel qualifications and requirements otherwise prescribed in this chapter, the chief natural resources police officer is responsible for the selection, training, assignment, distribution and discipline of natural resources police officers and the effective discharge of their duties in carrying out the law-enforcement policies, practices and programs of the division in compliance with the provisions of article seven of this chapter and other controlling laws. Except as otherwise provided in this chapter, natural resources police officers are authorized to enter into and upon private lands and waters to investigate complaints and reports of conditions, conduct, practices and activities considered to be adverse to and violative of the provisions of this chapter and to execute writs and warrants and make arrests thereupon.
The Attorney General and his or her assistants and the prosecuting attorneys of the several counties shall render to the director, without additional compensation, legal services as the director may require of them in the discharge of his or her duties and the execution of his or her powers under and his or her enforcement of the provisions of this chapter. The director, in an emergency and with prior approval of the Attorney General, may employ an attorney to act in proceedings wherein criminal charges are brought against personnel of the department because of action in line of duty. For the attorney services, a reasonable sum, not exceeding $2,500, may be expended by the director in any one case.
The director, if he or she considers the action necessary, may request the Attorney General to appoint an assistant attorney general, who shall perform, under the supervision and direction of the Attorney General, the duties as may be required of him or her by the director. The Attorney General, in pursuance of the request, may select and appoint an assistant attorney general to serve at the will and pleasure of the Attorney General, and the assistant shall receive a salary to be paid out of any funds made available for that purpose by the Legislature to the department.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-14. Sections Within Division

Sections of wildlife resources and of law enforcement are hereby continued within the Division of Natural Resources. Subject to provisions of law, the director of the Division of Natural Resources shall allocate the functions and services of the division to the sections, offices and activities thereof and may from time to time establish and abolish other sections, offices and activities within the division in order to carry out fully and in an orderly manner the powers, duties and responsibilities of the office as director. The director shall select and designate a competent and qualified person to be chief of each section. The chief is the principal administrative officer of that section and is accountable and responsible for the orderly and efficient performance of the duties, functions and services thereof.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-16. Natural Resources Commission - Generally

(a) The Natural Resources Commission, created and established by 20-1-3 of this code, shall be a public benefit corporation and as such may sue and be sued, plead and be impleaded, contract and be contracted with, and have and use a common seal. It shall be a commission advisory to the director and to the Division of Natural Resources. The commission shall be composed of seven members, known as commissioners, one from each division of natural resources district and the remainder from the state at large, and shall be appointed to provide the broadest geographic distribution possible so that each commissioner shall attend the division sectional meetings established in 20-1-7(6) of this code within his or her respective district.
(b) The Governor, with the advice and consent of the Senate, shall appoint the seven members for the following terms beginning July 1, 2021:
(1) Three for a term of four years;
(2) Two for a term of three years; and
(3) Two for a term of two years.
(4) Successors to appointed members whose terms expire shall be appointed for terms of four years. Any commissioner whose term has expired shall serve until his or her successor has been appointed. An appointed commissioner may not serve more than two consecutive terms. Vacancies shall be filled for any unexpired term. Appointment to fill a vacancy shall not be considered as one of two full terms. Any commissioner who has served two or more consecutive terms immediately preceding the effective date of this section shall not be excluded from consideration for initial appointment under this section.
(c) The members of the commission shall be citizens and residents of the state, and shall be selected with special emphasis on his or her interest in the conservation of the natural resources of the state. No member of the commission shall be a candidate for or hold any public office other than that of member of the commission; nor shall he or she be a member of any committee of a political party. In case a member becomes a candidate for or accepts appointment to any public office or political party committee, his or her position as member of the commission shall be immediately vacated. The Director of the Division of Natural Resources may submit recommendations to the Governor for the appointment of the commissioners.
(d) Commissioners are not entitled to compensation for services performed for the commission, but may be reimbursed by the Division of Natural Resources for actual and necessary expenses incurred for each day in which he or she is engaged in the discharge of official duties, the actual expenses not to exceed the amount paid similar reimbursement to members of the Legislature.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-18. Government Cooperation; Projects; Finances; Properties

In addition to all other powers and authority vested in the director, he is hereby authorized and empowered to represent and advance the interests of the State of West Virginia under provisions of acts of Congress now in force or hereafter enacted providing for cooperation between the governments of the United States and of the several states in the exploration, development, conservation, use and enjoyment of natural resources. He may acquire by purchase or lease, as in this chapter provided, such lands, interests in lands, forests, parks, recreational facilities, wildlife and water areas and such other properties within this state as may be required in cooperative programs with any other government or governments, and, with the approval of the Governor, may negotiate and effect self-liquidating loans with the government of the United States or any agency or agencies thereof for the procurement, development and use of all such properties. All such projects shall be in the interest and for the benefit of the state and may be geared and timed to relieve economic hardship and unemployment.
In order to consolidate forest tracts under either state or federal administration, the director may sell, purchase or exchange stumpage or lands within or adjacent to any national forest purchase area.
The director shall study the land and water boundary areas of the state and, where practicable, cooperate with adjacent states in programs for the development, conservation and use of waters, forests, minerals, wildlife and other natural resources.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-18a. Cooperation With Federal Government in Wildlife Restoration and Management

The state of West Virginia hereby assents to the provisions of the act of Congress entitled, "An act to provide that the United States shall aid the states in wildlife restoration projects and for other purposes," approved September 2, 1937 (Public Law number four hundred fifteen, seventy-fifth Congress), and the director is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in said act of Congress, in compliance with said act and with rules and regulations promulgated by the secretary of the interior thereunder. Funds accruing to the state from license fees paid by hunters shall not be diverted for any other purposes than those stated in section thirty-four, article two of this chapter.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-18b. Cooperation With Federal Government in Fish Restoration and Management

The state of West Virginia hereby assents to the provisions of the act of Congress entitled, "An act to provide that the United States shall aid the states in fish restoration and management projects and for other purposes," (Public Law number six hundred eighty-one, eighty-first Congress), and the director is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of fish restoration and management projects as defined in said act of Congress, in compliance with said act and with rules and regulations promulgated by the secretary of the interior thereunder. Funds accruing to the state from license fees paid by fishermen shall not be diverted for any purposes other than those stated in section thirty-four, article two of this chapter.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-18c. Cooperation With Federal Government in Management of Federal Lands Within the State

The Legislature recognizes that there are large areas of this state that are owned by or under the control of the government of the United States. In order to cooperate with the various federal agencies which have jurisdiction over these areas and to effectively enforce rules and regulations to protect these areas, the Legislature hereby authorizes the director to adopt such rules and regulations as are necessary to cooperate in all law enforcement activities with the various federal agencies. Such rules and regulations shall be adopted according to the administrative procedures act as provided in chapter twenty-one-a of this code. To the extent that any rules and regulations adopted by the director are identical to existing federal rules and regulations, they may be promulgated without the procedures required under the administrative procedures act except that there shall be public notice of the adoption of such regulations and they shall be filed in the office of the Secretary of State.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-19. West Virginia State Parks and State Forests

(a) The state parks of West Virginia are:
(1) Audra; (2) Babcock; (3) Beartown; (4) Beech Fork; (5) Berkeley Springs; (6) Blackwater Falls; (7) Blennerhassett Island Historical; (8) Bluestone; (9) Cacapon Resort; (10) Camp Creek; (11) Canaan Valley Resort; (12) Carnifex Ferry Battlefield; (13) Cass Scenic Railroad; (14) Cathedral; (15) Cedar Creek; (16) Chief Logan; (17) Droop Mountain Battlefield; (18) Fairfax Stone Historical Monument; (19) Hawks Nest; (20) Holly River; (21) Little Beaver; (22) Lost River; (23) Moncove Lake; (24) North Bend; (25) Pinnacle Rock; (26) Pipestem Resort; (27) Pricketts Fort; (28) Stonewall Resort; (29) Summersville Lake; (30) Tomlinson Run; (31) Tu-Endie-Wei (Point Pleasant Battle Monument); (32) Twin Falls Resort; (33) Tygart Lake; (34) Valley Falls; (35) Watoga; and (36) Watters Smith Memorial.
(b) The state forests of West Virginia are:
(1) Cabwaylingo; (2) Calvin Price; (3) Camp Creek; (4) Coopers Rock; (5) Greenbrier; (6) Kanawha; (7) Kumbrabow; (8) Panther Forest/WMA, consisting of approximately twenty-six acres containing park facilities; and (9) Seneca.
(c) Neither the director nor any officer, employee or agent of the Division of Natural Resources may close, change the name or the designated use of a state park or state forest without statutory authorization.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-20. Limitations on State Parks and State Forests; Exceptions

(a)(1) The Legislature finds that the acquisition of land to construct new or expand existing state parks and state forests is costly. After these areas are constructed, they must be maintained and personnel must be employed to operate the facilities. These costs continue to increase and place a burden on state revenues.
(2) The Legislature declares that there is an ultimate limit to how many state parks and state forests, based upon its size, population and financial resources, the State of West Virginia can support. Further, the Legislature hereby declares that it is within its authority to establish, provide for and maintain limits on state parks and state forests.
(b) Without written notice to the Joint Committee on Government and Finance, neither the director nor an officer, employee or agent of the Division of Natural Resources may:
(1) Acquire, or authorize the acquisition of, land for any new state park or state forest; or
(2) Construct, or authorize the construction of, any new facility or building in any state park or state forest.
(c) Notice to the Joint Committee on Government and Finance is not required for the following acquisitions and construction projects:
(1) The director may authorize the construction of any new facility or building that is constructed with donated funds, materials and labor in an existing state park or state forest; and
(2) The director may construct or authorize the construction of any new facility or building built by state employees when the total cost of materials does not exceed $25,000.
(d) Nothing in this section shall prohibit the director from expending any appropriations that are designated to complete land acquisitions or the construction of facilities and buildings, including electric, water and sewage systems for state parks and state forests.
(e) The director shall require that any new building has a roof of sufficient slope in accordance with the current state building code.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1. Organization and Administration › §20-1-22. Authorizing the Director to Lease and Develop Pore Spaces

(a) The director may, with the approval in writing of the Secretary of Commerce, lease state-owned pore spaces underlying state forests, natural and scenic areas, wildlife management areas, and other lands under the jurisdiction and control of the director for underground carbon sequestration: Provided, That the director is prohibited from leasing state-owned pore spaces underlying lands that are designated as state parks. Before entering into a lease, the director shall receive sealed bids therefor, after notice by publication as a Class I legal advertisement in compliance with the provisions of 59-3-1 et seq. of this code, and the publication area for such publication shall be each county in which the affected lands are located, and on the Divisions main website for a period of at least 14 days prior to entering into any lease pursuant to this section. The pore space development proposal so advertised shall be leased to the highest responsible bidder, who shall give bond for the proper performance of the lease as the director shall designate; but the director may reject any and all bids and re-advertise for bids. The development of pore spaces pursuant to this section shall be consistent with the requirements of 22-11B-1 et seq. of this code. The proceeds arising from any such lease shall be paid to the Treasurer of the State of West Virginia and shall be credited to the Division and used exclusively for the purposes of this chapter.
(b) Notwithstanding the competitive bidding process established in subsection (a), the director may, with the approval in writing of the Secretary of the Department of Commerce, directly award a pore space lease when the Secretary of the Department of Commerce and the Secretary of the Department of Economic Development certifies in writing to the director that the lease is a necessary component of an economic development project: Provided, That the lease shall afford a market value or greater royalty.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 1A. Real Estate Management and Procedures › §20-1A-7. Adopt a State Park or Forest Program

The commissioner of the Department of Commerce shall establish an "adopt a state park or forest program" to encourage and coordinate the efforts of volunteers to help maintain and improve state parks, forests, or other public lands within the state.
The commissioner shall establish a matching grant program to assist such volunteer efforts by legislative rule pursuant to chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-1. Declaration of Policy

It is declared to be the public policy of the State of West Virginia that the wildlife resources of this state shall be protected for the use and enjoyment of all the citizens of this state. All species of wildlife shall be maintained for values which may be either intrinsic or ecological or of benefit to man. Such benefits shall include (1) hunting, fishing and other diversified recreational uses; (2) economic contributions in the best interests of the people of this state; and (3) scientific and educational uses.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-1a. Wildlife Resources Division; Organization and Administration

The chief of the division of wildlife resources shall be primarily responsible for the execution and administration of the provisions of this article as an integral part of the natural resources program of the state as defined and constituted in this chapter. He shall organize the division and select competent and qualified personnel therefor so as to effect an orderly, efficient and economical division organization.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-2a. Interference With Hunters, Trappers and Fishermen

A person may not willfully obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping. Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500 or imprisoned in the county jail for not less than ten days nor more than one hundred days or both fined and imprisoned. Also, any person convicted of a subsequent violation of this section shall be fined not more than $1,000 or imprisoned in the county jail not more than one year or both fined and imprisoned. For the purpose of this section a subsequent violation is one which has occurred within two years of any prior violation of this section and which arises out of a separate set of circumstances. Any person convicted of any violation of this section shall be liable to the person, whom they interfered with, for all costs and damages resulting therefrom and if such offender holds a West Virginia hunting, fishing or trapping license at the time of conviction, such license shall be revoked.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-3. State Ownership of Wildlife

The ownership of and title to all wildlife in the State of West Virginia is hereby declared to be in the state, as trustee for the people. A person shall not take or hunt wildlife in any manner, or at any time, unless the person taking or hunting the wildlife consents that the title to the wildlife is and remains in the State of West Virginia for the purpose of regulating the taking, hunting, using, and disposing of the wildlife. The taking or hunting of wildlife at any time or in any manner by any person is considered consent: Provided, That, all fish, frogs, and other aquatic life in privately-owned ponds are, and remain, the private property of the owner or owners of the privately-owned ponds, and that the fish, frogs, and other aquatic life in the privately-owned ponds may be caught, taken or killed by the owner or owners at any time.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-4. Possession of Wildlife

(a) Except for wildlife lawfully taken, killed or obtained, no person may have in his or her possession any wildlife, or parts thereof, during closed seasons. It is unlawful to possess any wildlife, or parts thereof, which have been illegally taken, killed or obtained. This does not include the possession of deer antlers that are naturally shed and collected by a person from his or her own land, from public lands unless prohibited by law, or from private lands with the written permission of the landowner in hand. Any wildlife illegally taken, killed or possessed shall be forfeited to the state and shall be counted toward the daily, seasonal, bag, creel and possession limit of the person in possession of, or responsible for, the illegal taking or killing of any wildlife. It is unlawful to take, obtain, purchase, possess or maintain in captivity any live wildlife, wild animals, wild birds, game or fur-bearing animals except as provided by this chapter or any rule promulgated thereunder.
(b) Wildlife lawfully taken outside of this state is subject to the same laws and rules as wildlife taken within this state.
(c) Migratory wild birds may be possessed only in accordance with the Migratory Bird Treaty Act, 16 U. S. C. §703, et seq., and its regulations.
(d) The restrictions in this section do not apply to the director or duly authorized agents, who may take or maintain in captivity any wildlife for the purpose of carrying out the provisions of this chapter.
(e) Wildlife, except protected birds, elk, spotted fawn and bear cubs, killed or mortally wounded as a result of being accidentally or inadvertently struck by a motor vehicle may be lawfully possessed if the possessor of the wildlife provides notice of the claim within twelve hours to a relevant law-enforcement agency and obtains a nonhunting game tag within twenty-four hours of possession. The director shall propose administrative policy which addresses the means, methods and administrative procedures for implementing the provisions of this section.
(f) Persons are required to electronically register deer, bear, turkey, wild boar, bobcat, beaver, otter and fisher in accordance with rules promulgated by the director. “Electronically register” means submission of all necessary and relevant information to the division, in the manner designated by rule governing the electronic registration of wildlife. The director may promulgate rules, pursuant to article three, chapter twenty-nine-a of this code, governing the electronic registration of wildlife: Provided, That the rules shall include a procedure for persons who are not required to obtain licenses or permits under section twenty-eight of this article to register wildlife using identification other than a social security number. The rules may use a system of a combination of the last four digits of the social security number, date of birth and last name of the person.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-5b. Exceeding Creel Limit on Trout; Other Violations of Code or Rules and Regulations for Trout Fishing; Penalties

Any person who exceeds the creel limit on trout or who otherwise violates any provisions of this code or any rules and regulations relating to trout fishing is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 nor more than $300, or imprisoned in the county jail not less than ten nor more than one hundred days, or both fined and imprisoned.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-5c. Protection of Bald Eagles and Golden Eagles; Unlawful Acts; Criminal Penalties; Forfeitures; License Revocation

(a) It is unlawful at any time for any person to take, possess, transport, import, export or process, sell or offer for sale, buy, barter or trade or offer to buy, barter or trade at any time or in any manner, any bald eagle, also commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest or egg thereof of the foregoing eagles, or to attempt to do any of these acts.
(b) Anyone who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000 or imprisoned in the county jail not less than sixty days nor more than one year, or both fined and imprisoned. One half of any fine imposed shall be paid to any person or persons providing information that leads to the arrest and conviction of anyone violating the provisions of this section.
(c) For a second or subsequent conviction for a violation of this section, a person is guilty of a felony and, shall be fined not less than $5,000 nor more than $10,000 and imprisoned in the penitentiary for not less than one year nor more than two years. An amount equal to one half of the fine imposed, not exceeding $2,500, shall be paid to the person or persons providing information that leads to the arrest and conviction of anyone for a second or subsequent violation of the provisions of this section.
(d) "Take" is defined as including any means to pursue, hunt, wound, kill, capture, collect, poison, or molest any bald eagle or golden eagle, or any part, nest or egg thereof, or to knowingly and willfully destroy the nest or eggs of any such eagles.
(e) Nothing in this section may be construed to prohibit the taking, possession or transportation of bald or golden eagles legally under the current federal Eagle Protection Act, 16 USC § 668a, and the current federal regulations, 50 CFR 22.1 et seq.
(f) All wildlife, merchandise, guns, traps, nets and other equipment, vessels, vehicles, aircraft and other means of transportation used in taking, possessing, transporting, importing, exporting, selling or offering for sale, purchasing or bartering or offering to purchase or barter any bald or golden eagle or part, nest, or egg thereof, or in attempting to do any of these acts in violation of this section shall be forfeited, at the time of conviction, to the state.
(g) Upon conviction of taking, possessing, transporting, importing, exporting or processing, selling or offering for sale, buying, bartering or trading or offering to buy, barter or trade any bald or golden eagle, alive or dead, or any part, nest or egg thereof of the foregoing eagles, or of attempting to do any of these acts, the hunting licenses of such person or persons may be revoked and such person or persons shall not be issued any new hunting licenses for a period of ten years from the date of conviction.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-5d. Use of Chemicals, Biological Compounds or Devices on Free Roaming Wildlife Populations for Fertility Control

Notwithstanding any other provisions of this code and except as specifically authorized by the director in consultation with the wildlife resources section of the division, it is unlawful for anyone to administer any chemical, biological compound or device to free roaming or noncaptive wildlife for the purpose of fertility control. The director shall promulgate legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code whereby the director may issue such authorization.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-5e. Assessment Fee for Decoy Animals

Any person convicted for the violation of any law involving the Division of Natural Resources' use of a decoy animal shall, in addition to any fines and costs for the criminal violation, pay a $50 civil penalty to the Division of Natural Resources, law-enforcement section. The civil penalty shall be collected by the court in which the person is convicted and forwarded to the Division of Natural Resources, law-enforcement section. All funds collected are to be placed in a special account and used for: (1) The purchase or repair of decoy animals; and (2) the purchase of equipment for use with decoy animals.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-5f. Nonresident Dog Training for Coon Hunting; Training Season

Notwithstanding subdivision (24), section five of this article or any other provision to the contrary, the director is authorized to allow a nonresident to train dogs for coon hunting in West Virginia, if the state in which the nonresident resides allows residents from West Virginia to train dogs for coon hunting. The dog training season for a nonresident to train dogs for coon hunting is from the fifteenth day of August of each year through the legal small game hunting season.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-5g. Use of a Crossbow to Hunt

(a) Notwithstanding any other provision of this code to the contrary, any person lawfully entitled to hunt may hunt with a crossbow during big game firearms season. A person who possesses a valid Class Y permit may also hunt with a crossbow in accordance with 20-2-42w of this code. Further, the director shall designate a separate season for crossbow hunting and identify which species of wildlife may be hunted with a crossbow.
(b) Only crossbows meeting all of the following specifications may be used for hunting in West Virginia:
(1) The crossbow has a minimum draw weight of 125 pounds;
(2) The crossbow has a working safety; and
(3) The crossbow is used with bolts and arrows not less than 16 inches in length as measured from the leading end of the shaft, including the insert, to the trailing end of the shaft, including the nock, with a broad head having at least two sharp cutting edges, measuring at least three fourths of an inch in width.
2023 West Virginia Code › Chapter 20. Natural Resources › Article 2. Wildlife Resources › §20-2-5i. Waste of Game Animals, Game Birds, or Game Fish; Penalties

(a) It is unlawful for any person to cause through carelessness, neglect, or otherwise to let any edible portion of any big game or game fish to go to waste needlessly.
(b) For purposes of this section, "edible portion" means, with respect to:
(1) Big game. — One or more of the following: (A) the meat of the front quarters to the knee; (B) the meat of the hind-quarters to the hock; or (C) the meat along the backbone between the front quarters and hind quarters: Provided, That an edible portion of a wild turkey is the meat of the breast only.
(2) Game fish. — The fillet meat from the gill plate to the tail fin.
(3) Edible portion does not include bones, sinew, viscera, meat from the head or neck, meat that has 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.
(c) It is unlawful for any person to take any big game and detach or remove from the carcass the head, hide, antlers, tusks, paws, claws, gallbladder, teeth, beards, or spurs only and leave the carcass to waste.
(d) Any person who through no carelessness, neglect, or otherwise, is unable to locate the carcass of any lawfully taken big game prior 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, gall bladder, teeth, beards, or spurs: Provided, That the big game is registered and shall be counted toward the daily, seasonal, bag, and possession limit of the person in possession of, or responsible for taking the big game.
(e) Any person 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:
(1) Big game violations. —
(A) A fine of 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 of hunting and fishing license for a period of five years; and
(C) All applicable forfeiture and replacement provisions in §20-2-5a of this code.
(2) Game fish violations. —
(A) A fine of 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 of hunting and fishing license for a period of two years; and
(C) All applicable forfeiture and replacement provisions in §20-2-5a of this code.