reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-16 - Transporting And Selling Wildlife Pelts and parts › Section 58-16-7 - License and Permit Revocations

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If the director determines that a
				violation of any requirement of this rule or any term or condition of a fur
				dealer's license or an agent's permit exists or has existed, the director may
				issue an order directing the licensee to show cause why his license or permit
				should not be revoked.
7.2. The
				show-cause order will provide the licensee with 30 days in which to
				respond.
7.3. The licensee must
				respond to the show-cause order either by submitting a written explanation to
				the director or by requesting an informal hearing before the
				director.
7.4. Upon a licensee's
				failure to show cause why his license or permit should not be revoked, the
				director may revoke the license or permit upon the issuance of a written
				decision, and the reasons therefor, concerning the action taken.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-16 - Transporting And Selling Wildlife Pelts and parts › Section 58-16-8 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Penalty for
				Failure to Attach or Submit Shipping Tag. A person who ships, transports, or
				carries by any means the raw fur, pelt, or skin, or carcass for the making of
				lures and baits, carcass parts, including skulls, claws and bones, and urine of
				a fur-bearing animal taken within this State to a point outside of the State,
				but fails to follow the provisions of these regulations related to shipping
				tags, is subject to the penalties prescribed in W. Va. Code §
									20-2-12.
8.2. Penalty for Failure to Obtain a License
				or Permit. A person who engages in the purchase or sale in this State of the
				raw furs, pelts, or skins, or carcass for the making of lures and baits,
				carcass parts, including skulls, claws and bones, and urine of fur-bearing
				animals, but fails to obtain the necessary license or permit from the Division,
				is subject under W. Va. Code §
									20-2-2 to
				the penalties prescribed in W. Va. Code §
									20-7-9.
8.3. Penalty for License or Permit Violation.
				A person who violates the terms and conditions of his license or permit is
				subject to the penalties prescribed in W. Va. Code §
									20-7-9.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-17 - Fur Dealer Transactions › Section 58-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures concerning the application for and renewal of fur
				dealer's licenses and agent's permits issued by the Division under W. Va. Code
				'20-2-49
				and the keeping of records and submission of reports associated with such
				licenses and permits.
1.2.
				Authority. -- W. Va. Code '20-1-7(30).
1.3. Filing Date. -- September 10,
				1996.
1.4. Effective Date. --
				September 10, 1996.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-17 - Fur Dealer Transactions › Section 58-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant"
				means a person of at least eighteen (18) years of age who is applying for a fur
				dealer's license or agent's permit issued by the Division under the provisions
				of W. Va. Code '20-2-49.
2.1.1. A resident county fur dealer's license
				will be issued only to persons who have been bona fide residents of this State
				for a period of at least six (6) months prior to the date of application and of
				a county in which the privilege is to be exercised. This license applies only
				to the county for which it is issued and to such adjacent counties as are
				designated in the license.
2.1.2. A
				resident statewide fur dealer's license will be issued only to persons who have
				been bona fide residents of this State for a period of at least six (6) months
				prior to the date of application. This license applies to all counties in the
				State.
2.1.3. A nonresident
				statewide fur dealer's license will be issued only to nonresidents. This
				license applies to all counties in the State.
2.1.4. An agent's permit will be issued to a
				person employed by a licensed fur dealer in order that the permittee may act as
				an agent of the licensed fur dealer at places other than the dealer's place of
				business. This permit applies only to those counties of the State designated on
				the employer's fur dealer's license.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-17 - Fur Dealer Transactions › Section 58-17-3 - Application Submission and Review

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An applicant for a resident county or
				resident statewide fur dealer's license must complete and submit the
				application form found in Appendix A of this rule to the address provided on
				that form. Each agent employed by the applicant must complete the appropriate
				section on the reverse side of the application form in order to obtain an
				agent's permit.
3.2. An applicant
				for a nonresident statewide fur dealer's license must complete and submit the
				application form found in Appendix B of this rule to the address provided on
				that form. Each agent employed by the applicant must complete the appropriate
				section on the reverse side of the application form in order to obtain an
				agent's permit.
3.3. An application
				will not be considered to be complete unless the specified licensing fees are
				attached to the submitted application form.
3.4. Licensing fee payments must be made by
				personal check or money order payable to the West Virginia Division of Natural
				Resources.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-17 - Fur Dealer Transactions › Section 58-17-4 - Renewal of Issued Licenses and Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A license or permit issued under this
				rule shall expire on December 31 of the year of issue.
4.2. A licensee may seek to renew an issued
				license or permit by submitting an updated application to the Division by no
				later than November 30 of the year of issue.
4.3. Division personnel will review each
				renewal application and then recommend to the chief that the license or permit
				renewal sought by the applicant be either granted or denied.
4.3.1. Failure by a licensed fur dealer to
				file transaction reports on time, or refusal to file such reports, constitutes
				cause for denying an application for license renewal.
4.3.2. Failure by a licensed fur dealer to
				file transaction reports which are accurate, legible, and complete constitutes
				cause for denying an application for license renewal.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-17 - Fur Dealer Transactions › Section 58-17-5 - Transaction Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Reports detailing the purchases made by a licensee between April 1 of the
				preceding year and March 31 must be submitted to the Chief by not later than
				April 15 of each year.
5.2. Reports
				detailing the sales made by a licensee between April 1 of the preceding year
				and March 31 must be submitted to the Chief by not later than April 15 of each
				year.
5.3. All reports of fur
				dealer transactions must be submitted to the Division on the forms found in
				Appendix C of this rule.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-17 - Fur Dealer Transactions › Appendix B

Current through Register Vol. XLI, No. 28, July 12, 2024
NONRESIDENT STATEWIDE FUR DEALER'S APPLICATION
				  FORM
WEST VIRGINIA DIVISION OF NATURAL
				  RESOURCES
APPLICATION FOR A NONRESIDENT STATEWIDE FUR DEALER'S
				  LICENSE
(West Virginia Code '20-2-49)
INITIAL APPLICATION (___) RENEWAL APPLICATION (___)
NAME:
				  __________________________________________________
STREET or BOX:
				  __________________________________________
CITY and COUNTY:
				  ________________________________________
STATE and ZIP CODE:
				  _____________________________________
TELEPHONE NUMBER: ____________________________________
CURRENT WEST VIRGINIA DNR
FUR DEALER'S LICENSE NUMBER:
				  __________________________
I agree to abide by the terms and conditions of my
				  license.
_______________________________ _____________
(Signature of Applicant) Date
Annual Fee for Nonresident Statewide License: $50.00 RETURN
				  TO:WV Division of Natural Resources
Law Enforcement Section
Room 837, Building 3
State Capitol Complex
Charleston, WV 25305
THE FOLLOWING AGENTS ARE EMPLOYED BY THE APPLICANT:
___________________________________________________________
(Name of Agent) (Street or Box)
______________________________________________________________
(City) (County) (State) (Zip Code)
I agree to abide by the terms and conditions of my
				  permit.
_________________________ _____________
(Signature of Agent) (Date)
-------------------------------------------------------------------------------------------------------------------
_________________________________________________________
(Name of Agent) (Street or Box)
_______________________________________________________________
(City) (County) (State) (Zip Code)
I agree to abide by the terms and conditions of my
				  permit.
_________________________ _____________
(Signature of Agent) (Date)
-------------------------------------------------------------------------------------------------------------------
____________________________________________________________
(Name of Agent) (Street or Box)
_____________________________________________________________
(City) (County) (State) (Zip Code)
I agree to abide by the terms and conditions of my
				  permit.
_________________________ _____________
(Signature of Agent) (Date)
___________________________________________________________
(Name of Agent) (Street or Box)
______________________________________________________________
(City) (County) (State) (Zip Code)
I agree to abide by the terms and conditions of my
				  permit.
_________________________ _____________
(Signature of Agent) (Date)
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-17 - Fur Dealer Transactions › Appendix C

Current through Register Vol. XLI, No. 28, July 12, 2024
FUR DEALER TRANSACTION SHEETS
(
INSERT TRANSACTION SHEETS
				  HERE
)
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-18 - BEAR DAMAGE REGULATIONS › Section 58-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures to be followed in presenting and deciding
				claims of bear damage, and the issuance of bear damage permits, as well as
				procedures relating to the organization of bear damage hunts under W. Va. Code
				§
									20-2-22a.
1.2. Authority. -- W. Va. Code §
									20-2-22a.
1.3. Filing Date. --
1.4. Effective Date. -- February 2,
				2017.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-18 - BEAR DAMAGE REGULATIONS › Section 58-18-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Director"
				means the director of the West Virginia Division of Natural
				Resources.
2.2. "Division" means
				the West Virginia Division of Natural Resources.
2.3. "Livestock" means cattle, horses, goats,
				swine , sheep or any other animal of the bovine, equine, porcine, ovine or
				caprine species, and domestic poultry.
2.4. "Natural Resources Police Officer" or
				"Officer" means a conservation officer natural resources police officer who is
				a full-time employee of the Law Enforcement Section of the West Virginia
				Division of Natural Resources.
2.5.
				"Section" means the Wildlife Resources Section of the West Virginia Division of
				Natural Resources.
2.6. "Wildlife
				Biologist" means a full-time employee of the Wildlife Resources Section of the
				West Virginia Division of Natural Resources who, by reason of his/her knowledge
				of wildlife biology, acquired through professional education or related
				practical experience, is qualified to investigate a bear damage complaint or
				supervise a bear damage hunt.
2.7.
				All other terms shall have the meaning prescribed in W. Va. Code §
									20-1-2.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-18 - BEAR DAMAGE REGULATIONS › Section 58-18-3 - Bear Damage Complaint Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A property owner or lessee who has
				suffered damage to real or personal property, not excluded in section 5.1 of
				this rule, including loss occasioned by the injury to or death of livestock or
				the unborn issue thereof, caused by an act of a bear may complain to any
				officer for the protection against such bear.
3.1.a. Bear damage involving beehives, fruit
				trees, livestock or miscellaneous real or personal property must be reported to
				an officer within forty-eight (48) hours of its occurrence.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-18 - BEAR DAMAGE REGULATIONS › Section 58-18-4 - Issuance of Permits and Bear Damage Hunts

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If the complaint is found to be
				justified, the officer or designated wildlife biologist may issue a permit to
				kill the bear that caused the property damage or may authorize the owner and
				other residents to proceed to hunt, destroy or capture the bear that caused the
				property damage: Provided, That only the officer or the wildlife biologist may
				recommend other measures to end or minimize property damage: Provided, however,
				that if out-of-state dogs are used in the hunt, the owners of the dogs are the
				only nonresidents permitted to participate in hunting the bear.
4.1.a. A bear damage hunt may not be
				organized and/or a kill permit may not be issued in cases where the confirmed
				bear damage occurred within the boundaries of the United States Forest Service
				or on a state wildlife management area in which a special land use permit has
				been issued.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-18 - BEAR DAMAGE REGULATIONS › Section 58-18-5 - Bear Damage Claims Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. When a property owner has suffered
				damage to real or personal property as the result of an act by a bear, the
				owner shall file a report with the director of the division. A bear damage
				report shall be completed by an officer or wildlife biologist of the division
				and shall state whether or not the bear was hunted and destroyed or killed
				under authorization of a depredation permit and, if so, the sex and weight
				shall be recorded and a premolar tooth collected from the bear, all of which
				shall be submitted with the report. The report shall also include an appraisal
				of the property damage occasioned by the bear fixing the value of the property
				lost. Bear damage claims will not be accepted for personal and real property
				which is commonly used for the purposes of feeding, baiting, observing or
				hunting wildlife, including, but not limited to, hunting blinds, tree stands,
				artificial feeders, game or trail cameras and crops planted for the purposes of
				feeding or baiting wildlife.
5.2.
				Claims associated with damage to bee hives require a copy of the owner's
				current apiary certificate of registration as in accordance with the provisions
				of W. Va. Code §
									19-13-4.
				Claims which do not have a current apiary certification of registration as of
				the date the damage occurred are not eligible for payment from the bear damage
				fund.
5.3. The investigating
				officer will assist the property owner in completing the appropriate forms for
				claims in which the value is set by the Section based upon current market
				prices in consultation with state and federal agricultural agencies and in
				which assessment guidelines and forms have been developed by the Section
				including, but not limited to, claims associated with corn [grain and silage],
				fruit trees, livestock and bees. In these situations, three estimates of value
				are not required.
5.3.a. The property owner
				must submit his/her completed Bear Damage Report form, with the completed
				assessment form(s) attached, to the investigating officer within thirty (30)
				days of the date of damage reported under Section 3.1 of this rule.
5.3.b. The investigating officer or biologist
				of the Division will then approve and submit the completed Bear Damage Report,
				with all of the completed assessment forms attached, to the director or his/her
				designee for final review and processing, within sixty (60) days of the date of
				damage reported under Section 3.1 of this rule. Bear damage reports which are
				requesting payment in excess of the maximum values established on the Section
				forms require additional proof justifying the higher values (i.e., a recent
				bill of sale or increased crop yield certified by the federal government or
				another agricultural entity).
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-18 - BEAR DAMAGE REGULATIONS › Section 58-18-6 - Bear Damage Appraisals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				cases where pregnant livestock is killed by a bear, the total appraised value
				will be the sum of the fair market values of the mother and the unborn issue
				had it been born.
6.2.
				Repealed.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-19 - Gun Repair Shop Exemptions › Section 58-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to establish the procedures for obtaining a gun repair
				shop exemption to the law prohibiting the discharge of a firearm within five
				hundred (500) feet of any dwelling house or within four hundred (400) feet of
				any schoolhouse or church.
1.2.
				Authority. -- W. Va. Code ''20-2-58, 61-7-12 and 29A-3.
1.3. Filing Date. -- September 10,
				1996.
1.4. Effective Date. --
				September 10, 1996.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-19 - Gun Repair Shop Exemptions › Section 58-19-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant"
				means the operator of a gun repair shop duly licensed under applicable federal
				and state laws.
2.2. "Application"
				means an Application for a Gun Repair Shop Exemption in the form prescribed in
				Appendix A of this rule.
2.3.
				"Church" means a place of worship other than a dwelling house.
2.4. "Church Representative" means the
				minister, pastor, priest, rabbi, elder, or other individual duly authorized to
				represent a church congregation.
2.5. "Division" means the West Virginia
				Division of Natural Resources.
2.6.
				"Director" means the director of the West Virginia Division of Natural
				Resources.
2.7. "Section" means the
				Law Enforcement Section of the West Virginia Division Of Natural
				Resources.
2.8. "Exemption" means
				an exemption from the law prohibiting the discharge of a firearm within five
				hundred (500) feet of a dwelling house or within four hundred (400) feet of a
				schoolhouse or church.
2.9. Legal
				Advertisement means a Class I legal advertisement as defined in W. Va. Code
				'59-3 et seq.
2.10. Public Notice
				means an announcement, in the form prescribed in Appendix B of this rule,
				stating that the operator of a gun repair shop is seeking a grant of exemption
				from the Division to allow the discharge of firearms on or near the repair shop
				premises.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-19 - Gun Repair Shop Exemptions › Section 58-19-3 - Application Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				operator of a gun repair shop seeking an exemption will complete and submit an
				application to the Law Enforcement Section, Division of Natural Resources, Room
				840, 1900 Kanawha Boulevard, East, Charleston, West Virginia 25305.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-19 - Gun Repair Shop Exemptions › Section 58-19-4 - Notice Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The applicant will send a public notice by certified mail to:
4.1.1. Each head of a household residing
				within five hundred (500) feet of the test firing site;
4.1.2. The principal of any schoolhouse
				located within four hundred (400) feet of the test firing site;
4.1.3. The church representative of any
				church located within four hundred (400) feet of the test firing
				site.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-19 - Gun Repair Shop Exemptions › Section 58-19-5 - Objections To A Grant Of Exemption

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The following individuals may protest
				the granting of an exemption to an applicant:
5.1.1. Any individual who resides within five
				hundred (500) feet of the test firing site;
5.1.2. The principal, school personnel, and
				the parents of students of any schoolhouse located within four hundred (400)
				feet of a test firing site;
5.1.3.
				Any member of a church located within four hundred (400) feet of a test firing
				site.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-19 - Gun Repair Shop Exemptions › Section 58-19-6 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Test firing
				facilities will be inspected by Section personnel prior to the granting of an
				exemption and at any time thereafter when deemed necessary.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-19 - Gun Repair Shop Exemptions › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
WEST VIRGINIA DIVISION OF NATURAL
				  RESOURCES
APPLICATION FOR A GUN REPAIR SHOP
				  EXEMPTION
Name and Address of Operator:
Business Name and Address: _
County:
WV Business License No:_________ Federal License No:
Location of nearest pistol/rifle range is_______ miles from
				  the premises.
Name, address, and telephone number of each head of household
				  residing within five hundred feet of the test firing site:
Name, address, and telephone number of any schoolhouse
				  located within four hundred feet of the test firing site:
Name, address, and telephone number of any church located
				  within four hundred feet of the test firing site:
The Applicant understands and agrees to comply with the
				  provisions of West Virginia, Division of Natural Resources rule "Gun Repair
				  Shop Exemptions" 58 CSR 20.
Date:_ Signature of Applicant:_
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-19 - Gun Repair Shop Exemptions › Appendix B

Current through Register Vol. XLI, No. 28, July 12, 2024
PUBLIC NOTICE
Name and Address of Business:
is seeking an exemption from the West Virginia Division of
				  Natural Resources to allow firearms to be test fired at:
(Description of Test Firing Site)
Test firing may occur __________ through _________ between
				  the hours of _____ a.m. and ________ p.m. You may protest the granting of this
				  exemption by writing to the Law Enforcement Section, Division of Natural
				  Resources, Room 839, 1900 Kanawha Boulevard, East, Charleston, West Virginia
				  25305 within fourteen days of the receipt of this notice.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-20 - Gun Repair Shop Exemptions › Section 58-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to provide guidance concerning safety requirements to
				be followed by gun repair shops under a grant of exemption.
1.2. Authority. -- W. Va. Code ''20-2-58,
				61-7-12 and 29A-3.
1.3. Filing
				Date. -- September 10, 1996.
1.4.
				Effective Date. -- September 10, 1996.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-20 - Gun Repair Shop Exemptions › Section 58-20-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant"
				means the operator of a gun repair shop duly licensed under applicable federal
				and state laws.
2.2. "Exemption"
				means an exemption from the law prohibiting the discharge of a firearm within
				five hundred (500) feet of a dwelling house or within four hundred feet (400)
				of a schoolhouse or church.
2.3.
				"Person" means also the plural "persons" and includes individuals,
				partnerships, corporations, or other legal entities.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-20 - Gun Repair Shop Exemptions › Section 58-20-3 - Nontransferability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A grant of
				exemption may not be transferred to another person.
3.2. A grant of exemption is void upon the
				bankruptcy, sale, or cessation of the applicant's gun repair
				business.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-20 - Gun Repair Shop Exemptions › Section 58-20-4 - Safety Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				All test firing done under a grant of exemption will be by the gun repair shop
				operator, his/her paid employee, or the owner of the firearm being
				repaired.
4.2. All test firing will
				be done into a safe backstop or bullet trap.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-20 - Gun Repair Shop Exemptions › Section 58-20-5 - Revocation Of Exemption

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Failure to maintain a safe test firing area may result in the revocation of the
				grant of exemption.
5.2. Revocation
				of a grant of exemption may result in the imposition of criminal penalties as
				prescribed in W. Va. Code '20-7-9.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-21 - Special Fishing Rule › Section 58-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This rule establishes special fishing seasons and prohibitions with
				respect to the taking of fish and other aquatic species in West Virginia.
1.2. Authority. -- W. Va. Code
				§§
									20-1-7(30)
				and
				20-1-17(7).
1.3. Filing Date. -- May 8, 1995
1.4. Effective Date. -- May 9,
				1995
1.5. For the purposes of this
				rule concerning the open seasons, bag limits, possession limits, creel limits,
				size," age, weight, and sex limits of any game or nongame fish and other
				aquatic species of West Virginia, refer to "Fishing Regulations" (58 C.S.R.
				20).
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-21 - Special Fishing Rule › Section 58-21-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Daylight
				hours" means the time period between sixty (60) minutes before sunrise and
				sixty (60) minutes after sunset.
2.2. All other terms have the meaning
				prescribed in W. Va. Code §2 0-1-2.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-21 - Special Fishing Rule › Section 58-21-3 - Prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Protected
				Species -- Keeping or killing or attempting to keep or kill paddlefish
				(Polyodon spathula) at any time by any means is prohibited. If caught or taken,
				the paddlefish shall be immediately returned to the water.
3.2. Fishing on Catch-and-Release Trout
				Waters -- Fishing on catch-and-release trout waters is permitted during
				daylight hours only.
3.2.1. It is illegal to
				possess any lures except artificial flies and lures made of metal, wood,
				feathers, hair or synthetic material on catch and release trout" waters.
3.2.1.a. Multiple-hook lures must have
				barbless hooks.
3.2.1.b.
				Single-hooked lures may have barbed hooks.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-21 - Special Fishing Rule › Section 58-21-4 - Special Fishing Season for Children and Persons Possessing a Valid Class Q License

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				special fishing season for children and persons possessing a valid Class Q
				license is from March 1 through May 31 and is open only in the following areas:
4.1.1. Handley Pond -- A 5-acre pond in
				Pocahontas County.
4.1.2. Wood
				Pond -- A 1/2-acre impoundment on the Bear Rock Wil-dlife Management Area in
				Ohio County.
4.1.3. Coonskin Park
				Pond -- A 2.7-acre pond on Coonskin Park in Kanawha County.
4.1.4. Westover Park Pond -- A 1.0 acre pond
				in Monongalia County.
4.1.5.
				Raleigh County Airport -- A 1.0-acre pond at the entrance to Raleigh County
				Airport.
4.1.6. Woodbine Area of
				Cranberry River -- A 300 yard long section of Cranberry River at the Woodbine
				Recreation Area in Nicholas County.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-21 - Special Fishing Rule › Section 58-21-5 - Special Fishing Area Regulations for London, Marmet, and Winfield Dam Tailwaters on the Kanawha River

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Requirements and prohibitions:
5.1.1.
				Children under the age of 13 must be accompanied by an adult within the
				designated public fishing area.
5.1.2. Sitting on, climbing over, through, or
				under handrails on the designated public fishing area is prohibited.
5.1.3. Swimming or diving from the designated
				public fishing area is prohibited.
5.1.4. Glass containers are prohibited on the
				designated public fishing area.
5.1.5. Intoxicants are prohibited on the
				designated public fishing area.
5.1.6. Firearms are prohibited on the
				designated public fishing area.
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West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-23 - Revocation of Hunting and Fishing Licenses › Section 58-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes procedures to govern the revocation and
				restoration of hunting and fishing licenses and the assignment of points for
				violations of hunting or fishing laws and rules.
1.2. Authority. -- W. Va. Code §
									20-1-7(31) and
				§20-2-38.
1.3. Filing Date. --
				April 19, 2024.
1.4. Effective
				Date. -- April 19, 2024.
1.5.
				Sunset Provision. -- This rule shall terminate and have no further force or
				effect on August 1, 2029.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-23 - Revocation of Hunting and Fishing Licenses › Section 58-23-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Division"
				means the West Virginia Division of Natural Resources.
2.2. "License" means a hunting or fishing
				license or lawful authorization to hunt or fish when a license or permit is not
				required, and any associated tags or stamps, issued or authorized by the
				Division in accordance with provisions of W. Va. Code §§
									20-2-1 et seq or
				20-2B-1 et seq.
2.3. "Lifetime License" means a Class A-L,
				Class AB-L, Class B-L, Class O-L, Lifetime Class A-1 or Class XS license issued
				by the Division in accordance with the provisions of W. Va. Code
				§§20-2B-1 et seq and 20-2-40b.
2.4. All other terms have the meaning
				prescribed to them in W. Va. Code §
									20-1-2.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-23 - Revocation of Hunting and Fishing Licenses › Section 58-23-4 - Surrender of Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Upon
				the revocation of any license or licenses the person to whom the same was
				issued shall, upon having knowledge of such revocation, deliver the license so
				issued to him or her to the director, his or her agent, or the clerk of any
				county commission forthwith.
4.1.1. A clerk of
				a county commission, upon receiving a surrendered license, shall immediately
				transmit the license to the Division.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-23 - Revocation of Hunting and Fishing Licenses › Section 58-23-5 - Restoration of License Privileges

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Except as provided in subsections
				5.1.1., 5.1.2., and 5.1.3. of this section, any person whose license has been
				revoked may again purchase the license upon the expiration of any period of
				suspension set forth in Section 3 of this rule.
5.1.1. Any person convicted of an offense
				under W. Va. Code §
										20-2-57, other than a negligent
				shooting which has resulted in the killing of a human being, may, after the
				expiration of two years from the date of conviction, submit a written petition
				to the director seeking the restoration of all hunting and fishing license
				privileges. If the director, upon a full investigation, finds that the
				petitioner has paid and satisfied all claims against him or her and the
				circumstances at the time and the nature of the offense indicate that he or she
				is not likely again to commit a like or similar offense and that the public
				good does not require that the petitioner's license privileges remain
				suspended, the director may enter an order restoring full license privileges to
				the petitioner.
5.1.2. Any person
				whose license privileges have been suspended as provided for in subsections
				3.1.5. and 3.1.6. of this rule shall, upon the expiration of the period of
				suspension, pay a reinstatement fee of $50 to the Division in order to regain
				license privileges.
5.1.2.a. If the license
				for which privileges were suspended was a lifetime license, the Division shall
				return the original license to the licensee upon the receipt of the
				reinstatement fee.
5.1.2.b. If the
				license for which privileges were suspended would otherwise continue in effect
				after the expiration of the period of suspension, the Division shall return the
				original license to the licensee upon the receipt of the reinstatement
				fee.
5.1.2.c. If the license for
				which privileges were suspended would otherwise have expired prior to the
				expiration of the period of suspension, the licensee shall pay the
				reinstatement fee to the Division prior to again purchasing a hunting or
				fishing license.
5.1.3.
				The Division shall return a lifetime license revoked in accordance with the
				provisions of subsections 3.1.1., 3.1.2., 3.1.4., 3.1.5., 3.1.6., or 3.1.7 of
				this rule to the licensee upon the expiration of the period of license
				suspension.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-23 - Revocation of Hunting and Fishing Licenses › Section 58-23-6 - Assignment of Points

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Except as
				provided in sections 6.2, 6.3, and 6.4 of this rule, the Division shall assign
				four points to a person for any violation of hunting or fishing laws or
				rules.
6.2. The Division shall
				assign 10 points to any person found guilty of violating W. Va. Code §
									20-2-5(3) --
				Using or attempting 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: 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 any image intensification, thermal imaging, or active
				illumination.
6.3. The Division
				shall assign 10 points to any person found guilty of violating W. Va. Code
				§
									20-2-5(18) --
				using dynamite or any like explosive or poisonous mixture placed in any waters
				of the State for the purpose of killing or taking fish.
6.4. The Division shall assign six points to
				any person found guilty of violating any of the following:
6.4.1. W. Va. Code §
										20-2-4: Illegal possession of
				wildlife or any part thereof. The Division shall not assign points to any
				person possessing wildlife or any part thereof that was legally taken during
				the respective open season.
6.4.2.
				W. Va. Code §
										20-2-11: Illegal sale of
				wildlife.
6.4.3. W. Va. Code §
										20-2-5 (26):
				Illegally killing deer, boar, or turkey.
6.4.4. W. Va. Code §
										20-2-5(4): Hunt,
				take, kill, wound or shoot at wild animals or wild birds from an airplane or
				other airborne conveyance, a drone or other unmanned aircraft, an automobile or
				other land conveyance, or from a motor-driven water conveyance.
6.4.5. W. Va. Code §
										20-2-5 (14):
				Taking fish by an illegal method.
6.4.6. W. Va. Code §
										20-2-5b and W. Va. Code of State
				Rules, Title 58 Series 60, Fishing Regulations: Exceeding the daily creel limit
				on trout.
6.4.7. W. Va. Code of
				State Rules, Title 58 Series 60, Fishing Regulations and W.Va. Code of State
				Rules, Title 58 Series 61, Special Fishing Rule: Using prohibited bait in a
				restricted area.
6.4.8. W. Va. Code
				§
										20-2-22a: A first offense
				violation of this section which does not result in the death or killing of a
				bear.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-23 - Revocation of Hunting and Fishing Licenses › Section 58-23-7 - Removal of Points

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Division shall remove points on their second anniversary or upon the
				restoration of license privileges.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-23 - Revocation of Hunting and Fishing Licenses › Section 58-23-8 - Hearing and Appeal Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Notice of Revocation. Upon revoking the
				license or licenses of any person, the Division of Natural Resources shall
				immediately notify the licensee in writing, sent by registered mail to the
				address given by the licensee in applying for license, and upon his/her
				request, shall afford an opportunity for a hearing within 30 days after receipt
				of the request.
8.2. Request for
				Hearing. Upon receipt of a notice of revocation, the licensee may request an
				opportunity for a hearing before the Division. The request shall be made in
				writing to the director within 30 days after the receipt of the revocation
				notice.
8.3. Hearings. A hearing
				shall be held by the Division within 30 days after the receipt of a written
				request from the licensee, conditional upon the receipt of his or her
				surrendered license in accordance with the provisions of section 4.2 of this
				rule. The hearing may be conducted in the county in which the licensee resides
				or any other county designated by the director. A duly authorized agent of the
				director shall act as the hearings officer. Within 30 days after the hearing,
				the hearings officer shall issue a finding, and the reasons for the finding,
				that either upholds or rescinds the revocation. The Division shall immediately
				send written notification of the finding to the licensee.
8.4. Appeals. The finding of the hearings
				officer constitutes a final order appealable under the provisions of W. Va.
				Code §
									51-11-1
et seq.
and W. Va. Code §
									29A-5-4.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-23 - Revocation of Hunting and Fishing Licenses › Section 58-23-9 - License Fee Refunds

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A person
				whose license has been revoked under the provisions of this rule is not
				eligible for a license fee refund.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-24 - Point System For the Revocation of Hunting (Repealed) › Section 58-24-3 - Revocation Of License; Duration (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-24 - Point System For the Revocation of Hunting (Repealed) › Section 58-24-4 - Assignment Of Points (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-24 - Point System For the Revocation of Hunting (Repealed) › Section 58-24-5 - Removal Of Points (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-25 - Boating Rules › Section 58-25-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes standards to govern the operation of motorboats
				and other vessels on the waters of this State.
1.2. Authority. -- W. Va. Code §§
									20-1-7(31),
				20-7-13,
				20-7-16,
				20-7-22,
				20-7-22a
				and
				20-7-23.
1.3. Filing Date. -- March 27,
				2020.
1.4. Effective Date. -- March
				28, 2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on March 28,
				2025.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-25 - Boating Rules › Section 58-25-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Coast Guard
				Approved" means equipment which has been approved by the Commandant of the
				United States Coast Guard after the equipment has been determined to be in
				compliance with Coast Guard specifications and regulations relating to the
				materials, construction, and performance of equipment. The equipment must bear
				the approval stamp of the United States Coast Guard.
2.2. "Division" means the West Virginia
				Division of Natural Resources.
2.3.
				"Fixed System" means a Coast Guard approved fixed fire extinguisher system in a
				vessel's engine compartment.
2.4.
				"Government-Owned Reservoir" means a natural or artificial impoundment, lake,
				pond, or reservoir that is partially or wholly within the territorial limits of
				West Virginia and is owned or administered by the federal government or by the
				State or any political subdivision of the State.
2.5. "Open motorboat" means a vessel on which
				all engine compartments, fuel tank compartments, and other spaces to which
				explosive or flammable gases and vapors may flow are open to the atmosphere and
				arranged so as to prevent the entrapment of the gases and vapors within the
				vessel.
2.6. "Open to the
				Atmosphere" means a compartment which has at least fifteen (15) square inches
				of open area directly exposed to the atmosphere for each cubic foot of net
				compartment volume.
2.7. "Operate"
				means to navigate or otherwise use a vessel.
2.8. "Person" includes the plural "persons"
				and means an individual, partnership, firm, corporation, association, or other
				legal entity.
2.9. "Personal
				Watercraft" or "PWC" means a vessel which uses an outboard motor or an inboard
				motor powering a water jet pump as its primary source of motive power and which
				is designed to be operated by a person sitting, standing, or kneeling on, or
				being towed behind the vessel rather than the conventional manner of sitting or
				standing inside the vessel.
2.10.
				"Racing Shell" or "Rowing Scull" means a manually propelled vessel, recognized
				by a national or international racing association for use in competitive
				racing, in which all occupants except a coxswain row, scull, or paddle and
				which is designed and equipped solely for competitive racing.
2.11. "Visible" means visible on a dark night
				with a clear atmosphere.
2.12.
				"Waters of this State" means any public waters within the territorial limits of
				this State.
2.13. All other terms
				have the meaning prescribed in W. Va. Code §
									20-7-13
et seq.