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 58-11G - Wild Boar Hunting Rule › Section 58-11G-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All terms have
				the meanings prescribed to them in the Rule Defining The Terms To Be Used
				Concerning All Hunting and Trapping Regulations (47 C.S.R. 11A).
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11G - Wild Boar Hunting Rule › Section 58-11G-3 - Wild Boar Hunting Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				person may hunt small game during the wild boar seasons in those counties, or
				portions thereof, designated by the commission as boar hunting areas if the
				hunter uses either a shotgun or a-bow. During this period a hunter may carry
				slugs and number 4 or smaller shot with a shotgun prior to killing a
				boar.
3.2. A hunter may legally
				take boar during the firearms wild boar season with a bow or with a firearm
				using ammunition legal in West Virginia for the taking of deer.
3.3. No person may kill or wound a boar while
				the boar is in any stream, lake, or pond.
3.4. The use of dogs to hunt wild boar is
				prohibited.
3.5. A person killing a
				wild boar must, within twenty-four (24) hours, transport the boar to a
				conservation officer or an official game checking station in the County where
				it was killed for retagging.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11G - Wild Boar Hunting Rule › Section 58-11G-4 - License Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Applicants for a Class P license must be at least twelve (12) years of
				age.
4.2. Applicants for a Class P
				license for firearms wild boar hunting must choose a license for either the
				early firearms wild boar season or the late firearms wild boar season and may
				not apply for both.
4.3.
				Applications as prescribed by the director for a Class P firearms license must
				be completed and mailed prior to the deadline date on the application by the
				applicant. Only one application may be submitted per individual.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The purpose of this rule is to provide for the regulation of
				commercial whitewater rafting, outfitting, and related activities to assure
				safe operations and protect the environment.
1.2. Authority. -- W. Va. Code §
									20-2-23a.
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 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 58-12 - Commercial Whitewater Outfitters › Section 58-12-3 - Designated Whitewater Zones

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The following rivers, portions of
				rivers, or waters of the State are designated as whitewater zones. For the
				purposes of conducting studies as required by W. Va. Code §
									20-2-23a, the New, Gauley, Cheat,
				Shenandoah, and Tygart Valley Rivers are further divided into special "study
				zones".
3.1.1. Cheat River from its confluence
				with Saltlick Creek to the confluence of Big Sandy Creek.
3.1.1.a. From its confluence with Saltlick
				Creek to the State Route 26 bridge at Albright.
3.1.1.b. From the State Route 26 bridge at
				Albright to the confluence of Big Sandy Creek.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-5 - Special Whitewater Study and Improvement Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In accordance with W. Va. Code §
									20-2-23a, there will be a special
				whitewater study and improvement fee paid by each commercial whitewater
				outfitter or outfitter for each customer who is transported in a commercial
				activity in the study zones on the Cheat, Gauley, New, Shenandoah and Tygart
				Valley rivers.
5.2. Fee Amount.
5.2.1. The study and improvement fee is 35
				cents for each customer transported on a commercial activity in study zones on
				the Cheat, New, Shenandoah and Tygart Valley rivers.
5.2.2. The study and improvement fee is 70
				cents for each customer transported on a commercial activity in study zones on
				the Gauley River.
5.2.3. If a
				commercial activity exceeds one day in duration, the appropriate fee shall be
				collected for each day, or part of a day, of the trip.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-6 - Transfer of License

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
				commercial whitewater outfitter shall obtain prior written approval of the
				director to sell or transfer a commercial whitewater license.
6.2. A commercial whitewater outfitter shall
				obtain the express written approval of the director to sell or transfer any use
				allocation or other privilege conferred by a license.
6.3. The director may not withhold approval
				of a sale or transfer except for just cause.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-7 - Use Allocations

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				director shall establish, modify, or limit use allocations for all commercial
				whitewater outfitters operating within a designated whitewater zone in
				conformance with section 8 of this rule.
7.2. A commercial whitewater outfitter may
				sell all of his or her use allocation for a designated whitewater zone upon the
				review and approval of the director. A commercial whitewater outfitter may sell
				or transfer a portion of his or her use allocation for a designated whitewater
				zone to another commercial whitewater outfitter holding an allocation on those
				waters upon the review and approval of the director.
7.3. The director may not withhold approval
				of a sale or transfer except for just cause.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-8 - Daily Use Limits

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				director shall set total daily use limits for each designated whitewater zone
				under the criteria set forth in W. Va. Code §
									20-2-23a, unless studies
				contracted for by the Division determine that a different daily use limit is
				appropriate based upon the following criteria:
8.1.1. The assurance of safety in commercial
				whitewater operations;
8.1.2. The
				best interests of persons seeking to enjoy whitewater rafting and the interests
				of the State in the promotion of tourism; and
8.1.3. The sound recreational and ecological
				use of the State's 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 58-12 - Commercial Whitewater Outfitters › Section 58-12-10 - Commercial Whitewater Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Commercial whitewater outfitters and
				commercial watercraft clinics shall provide to each passenger transported in a
				watercraft a vest-type personal flotation device of an appropriate design and
				fit for each activity and person as defined and approved by the United States
				Coast Guard pursuant to 33
				C.F.R. §
										175.13 2014
et
				seq.
as authorized by
				46 U.S.C. §
										4302, which shall be worn and securely
				fastened by passengers while underway during commercial whitewater expeditions
				and commercial watercraft clinics.
10.2. Commercial watercraft clinic
				instructors, guide trainees, trip leaders, and trip guides shall wear a
				vest-type personal flotation device of an appropriate design and fit for each
				activity and person as defined and approved by the United States Coast Guard
				pursuant to 33 C.F.R. §
										175.13 2014
et seq.
as
				authorized by 46 U.S.C.
				§
										4302, which shall be worn and securely
				fastened while underway during commercial whitewater expeditions, training
				trips, and commercial watercraft clinics.
10.3. The minimum raft size that may be used
				on any river is an eight foot, two compartmentalized raft. The size of raft
				shall be measured from the outside tube surface in the bow to the outside tube
				surface in the stern when fully inflated, plus or minus six inches.
10.4. Gauley River. At flows more than 1,000
				cubic feet per second between Summersville Dam and Sweet's Falls, the minimum
				watercraft size shall be a 12 foot, four compartmentalized
				watercraft.
10.5. Every commercial
				whitewater expedition shall be equipped with the following:
10.5.1. At least one first aid kit per
				trip.
10.5.2. At the beginning of
				each trip, each trip leader or trip guide shall possess at least one throw line
				or throw bag not less than 40 feet in length. One professional quality rescue
				rope which is 70 feet in length shall be carried on each commercial whitewater
				expedition. The 70 foot rescue rope may be counted as one of the required throw
				lines or throw bag.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-11 - Accident Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Injury
				Report. If a commercial whitewater outfitter or outfitter receives a report of
				an injury from a customer or is aware of an injury or accident that requires
				medical services at an established medical facility and the injury or accident
				occurs during the performance of its services from the put-in to the take-out,
				the commercial whitewater outfitter or outfitter shall file an accident report
				with the director using the injury report form prescribed by the Whitewater
				Commission. The form shall include the name, address, and age of the person
				injured, the nature of the injury, the time and place of the accident and the
				circumstances of the accident and shall be filed with the director within 15
				days after the accident.
11.2.
				Property Damage Report. If an accident occurs during the performance of a
				commercial whitewater outfitter's or outfitter's activities that result in
				non-vehicular property damage of more than $2,000, the commercial whitewater
				outfitter or outfitter shall file a report with the director within 15 days
				after the accident. This property damage report shall include the name of the
				owner of the property; an estimate of the amount of the loss; the time and
				location of the event causing the damage; and a description of the
				accident.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-13 - Outfitter Trip Guides, Operations and Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Applicability. All applicable
				provisions of the W. Va. Code of State Rules, including Title 58 Series 11,
				Hunting, Fishing and Other Outfitters and Guides, and W. Va. Code §
									20-7-18b apply to outfitter
				operations. Section 13 of this rule shall apply only to outfitters operating on
				the following river sections:
13.1.1. New
				River: From the confluence of Manns Creek to Teays Landing.
13.1.2. Gauley River: From the Summersville
				Lake Dam to Upper Swiss.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-14 - Designated Rental Sections, Operations and Equipment in Whitewater Zones

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Gauley River:
				From the bridge at Jodie to the confluence at Gauley Bridge commercial
				whitewater outfitters and outfitters licensed on this section may rent inner
				tubes, canoes, inflatable kayaks, kayaks, stand up paddle boards and rafts that
				meet the requirements of section 10.3 of this rule for use only in this section
				of the Gauley River. Trip guides are not required to accompany these rental
				trips.
14.1.2. Renting of any vessel or
				watercraft is not permitted at river flows more than 8,000 cubic feet per
				second as determined by the U.S. Army Corp of Engineers for the Belva
				location.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-15 - Enforcement and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				Division may refer violations of the provisions of this rule to the appropriate
				law enforcement or prosecutor's office for criminal prosecution.
15.2. Modification, Suspension or Revocation
				of License. If the director determines a pattern of violations of any
				requirement of this rule or any term or condition of a license exists or has
				existed as a result of the commercial whitewater outfitter's or outfitter's
				lack of reasonable care or diligence, or that the violations are willfully
				caused by it, the director shall immediately issue an order directing the
				commercial whitewater outfitter or outfitter to show cause why the license
				should not be modified, suspended, or revoked and giving 30 days in which to
				request a hearing subject to the provisions of W. Va. Code §
									29A-5-1
et. seq.
Within 60 days following the hearing, the director shall issue and furnish to
				the commercial whitewater outfitter or outfitter a written decision, and the
				reasons for the decision, concerning the modification, suspension, or
				revocation of license. For failing to show cause, the director may modify,
				suspend, or revoke the license, forfeit the commercial whitewater outfitter's
				bond posted under W. Va. Code §
									20-2-23d or outfitter's bond
				posted under W. Va. Code §
									20-2-26, and give notice to the
				Attorney General of the State to seek collection of the forfeiture without
				delay.
15.3. License modification,
				suspension, and revocation procedures are governed by the provisions of W. Va.
				Code §
									29A-5-1
et seq.
unless otherwise specified in 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 58-12 - Commercial Whitewater Outfitters › Section 58-12-16 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1 The terms and
				conditions of a license are 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 58-13 - Contracted Extraordinary Law Enforcement Services › Section 58-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies the conditions under which conservation officers of the Division
				of Natural Resources may perform extraordinary law enforcement services and
				establishes the procedure to be followed in their employment.
1.2. Authority. -- W. Va. Code '20-7-1(e).
1.3. Filing Date. -- May 20, 1997.
1.4. Effective Date. -- June 27,
				1998.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13 - Contracted Extraordinary Law Enforcement Services › Section 58-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Chief" --
				means the Chief of the Law Enforcement Section of the Division of Natural
				Resources.
2.2. "Deputy Chief" --
				means the Deputy Chief of the Law Enforcement Section of the Division of
				Natural Resources.
2.3. "Captain"
				-- means the supervisory officer in an assigned Region.
2.4. "Officer" -- Means a Conservation
				Officer of the Division of Natural Resources.
2.5. "Contracted Services" -- means those
				services determined by the Chief to be in the public interest performed by an
				officer pursuant to a contractual agreement with a public, quasi-public,
				military or private entity when the service is not prohibited by law and when
				the service would not have been otherwise performed by the Division.
2.6. "Compensatory Day Off" -- means that
				time off duty awarded to a member of the Division as compensation for working
				on a designated state or national holiday, or as compensation for accrued
				overtime hours worked.
2.7.
				"Division" -- means the West Virginia Division of Natural Resources Law
				Enforcement Section.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13 - Contracted Extraordinary Law Enforcement Services › Section 58-13-3 - Application for Contracted Extraordinary Law Enforcement Services

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Requests for
				contracted extraordinary law enforcement services must be made, in writing, to
				the Chief and shall explain the funding source and the authority under which
				the request is made.
3.2. Approval
				may only be granted if an adequate number of officers are available for
				assignment.
3.3. The Chief shall
				not grant approval of a request for any contractual employment in circumstances
				involving labor disputes.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13 - Contracted Extraordinary Law Enforcement Services › Section 58-13-4 - Contract Guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Chief shall enter into a contract for all contracted extraordinary law
				enforcement services as required by W. Va. Code '20-7-1(e).
4.2. All contracts shall contain provisions
				that the contractual employer agrees to hold harmless and indemnify the State
				of West Virginia, the Division of Natural Resources, and the Division's
				officers and employees from any liability arising from the contractual
				employment.
4.3. The total cost of
				the services and the number of hours contracted for shall not exceed those
				outlined in the contract unless new terms are subsequently agreed to, in
				writing, by both parties.
4.4. The
				Chief or Deputy Chief are the only persons authorized to negotiate contract
				provisions.
4.5. The Chief or
				Deputy Chief shall negotiate compensation rates for contracted services on a
				man-hour basis with consideration given for costs which may include, but not be
				limited to, salary, employee benefits, equipment, gasoline, oil, and other
				motor vehicle/boat related expenses.
4.6. The contractual employer shall pay for
				services rendered by the Division by check, made payable to the West Virginia
				Division of Natural Resources Law Enforcement Section, within ten (10) days of
				receipt of an itemized invoice.
4.7. Officers of the Division shall make all
				law enforcement decisions encountered by them during contractual employment and
				the contractual employer shall not dictate or influence, or attempt to dictate
				or influence, their decisions.
4.8.
				In the event officers who are assigned to contractual employment are required
				to return to official duty in response to a public disaster or other emergency,
				neither the Division of Natural Resources nor any of its officers or employees
				are liable for any damages incurred as a result of the reassignment.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13 - Contracted Extraordinary Law Enforcement Services › Section 58-13-5 - Assignment of Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Captain or his or her designee shall coordinate the staffing for all approved
				requests for contractual services.
5.2. Officers accepting contractual
				employment must be in the following duty status:
a. Day off duty;
b. Annual leave:
c. Compensatory day off;
d. Holiday off duty; or
e. Regularly scheduled work day, provided
				that the officer is off-duty and that there are at least eight hours between
				the end of the contract work and the scheduled time the officer is to report to
				duty as a Conservation officer.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13 - Contracted Extraordinary Law Enforcement Services › Section 58-13-6 - Compensation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Division's
				Payroll Administrator shall compute compensation for officers on contractual
				employment at a rate to be announced by the Chief at the beginning of any
				contract period regardless of the officer's classification under the Fair Labor
				Standards Act or the officer's normal hourly compensation rate. The Payroll
				Administrator shall deduct applicable state and federal taxes from the
				officer's total contractual employment compensation.
6.2. The Payroll Administrator shall make no
				deduction of retirement contributions from employment compensation and an
				officer's retirement benefits shall not be enhanced by participation in
				contractual employment. All other state benefits remain in force during
				contractual employment.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13 - Contracted Extraordinary Law Enforcement Services › Section 58-13-7 - Officer Conduct

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Officers
				engaged in contractual employment are subject to the same rules, general
				orders, policies and procedures as on-duty officers.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13B - Special Waterfowl Hunting Areas › Section 58-13B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This regulation establishes provisions for hunting waterfowl in
				specified areas of this State.
1.2. Authority. - West Virginia Code §
									20-1-7(30).
1.3. Filing Date. -- August 28,
				1995
1.4. Effective Date. --
				September 1, 1995
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13B - Special Waterfowl Hunting Areas › Section 58-13B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All terms
				shall have the meaning prescribed in the Code of State Regulations, Title 47
				Series 13A "Special Waterfowl Hunting Regulations" (47 C.S.R. 13A).
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13B - Special Waterfowl Hunting Areas › Section 58-13B-3 - McClintic Wildlife Management Area

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The provisions of the Code of State
				Regulations, Title 58 Series 13 and Title 47 Series 13A are in effect at the
				McClintic Wildlife Management Area, except as provided in Sections 3.2 and 3.4
				of these regulations.
3.2. Hunting
				in the controlled waterfowl hunting area is restricted to waterfowl hunting
				from State-controlled blinds during the period commencing on October 2, 1995
				and ending on October 14, 1995 even if other hunting seasons run concurrently.
				The controlled waterfowl hunting area is marked by signs and includes Ponds #3,
				#6, #7, #8, #9, #11, #17, #18, #19, #36, #39, and #40.
3.3. Shooting hours in the controlled
				waterfowl hunting area are from thirty (30) minutes before sunrise until noon
				during the period conunencing on October 2, 1995 and ending on October 14,
				1995.
3.4. All hunting in the
				controlled waterfowl hunting area is by permit only during the period
				commencing on October 2 1995 and ending on October 14, 1995.
3.4.1. Applications for controlled area
				hunting permits must be received at the DNR Point Pleasant Office, Route 1, Box
				484, Point Pleasant, West Virginia 25550, by September 11, 1995.
3.4.2. Letters of notification granting
				controlled area hunting permits will be sent to successful applicants,
3.4.3. Controlled area hunting
				permits are not transferable.
3.4.4. Hunters with valid controlled area
				hunting permits must report to the McClintic WMA Office, prior to six o'clock
				antemeridian (6:00 a.m.) on the morning of the hunt. Failure to report by that
				time forfeits the hunter's reservation and the reserved blind will then be
				filled on a first-come, first- served basis.
3.4.5. Hunters must present the day's bag for
				inspection and return their controlled area hunting permits to the McClintic
				WMA Office prior to one o'clock postmeridian (1:00 p.m.) on the day of the
				hunt.
3.4.6. Hunters in the
				controlled area who violate the provisions of these regulations or conduct
				themselves in an unsportsmanlike manner at the McClintic Wildlife Management
				Area will not receive any further permits.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13B - Special Waterfowl Hunting Areas › Section 58-13B-4 - Green Bottom Wildlife Management Area

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The provisions of the Code of State
				Regulations, Title 58 Series 13 and Title 47 Series 13A are in effect at the
				Green Bottom Wildlife Management Area, except as provided in Section 4.2
				through 4.3 of these regulations.
4.2. Shooting hours for waterfowl are from
				thirty (30) minutes before sunrise until noon during the period commencing on
				October 2, 1995 and ending on October 14, 1995.
4.3. Waterfowl hunting is by permit only.
4.3.1. A permit shall be obtained at the
				Green Bottom Wildlife Management Area Headquarters prior to each day's hunt.
				Permits will be issued between the hours of five o'clock and seven o'clock
				antemeridian (5:00 a.m. through 7:00 a.m.) during the open waterfowl
				seasons.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-13B - Special Waterfowl Hunting Areas › Section 58-13B-5 - Warden Lake Wildlife Management Area

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Waterfowl hunting is prohibited on
				Warden Lake Wildlife Management in accordance with deed restrictions.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-14 - Rules Governing Small Arms Hunting › Section 58-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes regulations for hunting with small arms (pistol or revolver)
				in West Virginia.
1.2. Authority.
				-- W. Va. Code §
									20-1-7(30).
1.3. Filing Date. -- April 3, 2002.
1.4. Effective Date. -- April 3,
				2002.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-14 - Rules Governing Small Arms Hunting › Section 58-14-2 - General Small Arms Hunting Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. No person shall hunt deer, bear or wild
				boar with any pistol or revolver using a straight-walled case of less than .357
				magnum cartridge, a bottle-necked case of less than .24 caliber, or a
				muzzle-loading pistol of less than .38 caliber.
2.2. It is lawful to hunt woodchuck in the
				open fields with a pistol or revolver.
2.3. It is unlawful to hunt between one half
				(½) hour after sunset and one-half (½) hour before sunrise with
				any pistol or revolver larger than .22 caliber.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-14 - Rules Governing Small Arms Hunting › Section 58-14-3 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any person
				violating the provisions of this rule is subject to the penalties outlined 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 58-15 - PERMITS TO KILL DEER OR OTHER WILDLIFE CAUSING DAMAGE TO CULTIVATED CROPS, TREES, COMMERCIAL NURSERIES AND HOMEOWNER'S SHRUBBERY, VEGETABLE GARDENS AND OTHER PROPERTY › Section 58-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The purpose of these regulations is to establish the procedures for
				obtaining permits to kill deer or other wildlife causing damage to cultivated
				crops, fruit trees, commercial nurseries and homeowner's trees, shrubs,
				vegetable gardens and other property.
1.2. Authority. -- W. Va. Code §
									20-2-15.
1.3. Filing Date. -- August 28,
				2020.
1.4. Effective Date. --
				September 28, 2020.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-15 - PERMITS TO KILL DEER OR OTHER WILDLIFE CAUSING DAMAGE TO CULTIVATED CROPS, TREES, COMMERCIAL NURSERIES AND HOMEOWNER'S SHRUBBERY, VEGETABLE GARDENS AND OTHER PROPERTY › Section 58-15-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Cultivated
				Crops" means any crop raised or grown under controlled conditions.
2.2. "Natural Resources Police Officer" or
				"Officer" means a natural resources police officer who is a full-time employee
				of the Law Enforcement Section of the West Virginia Division of Natural
				Resources.
2.3. "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 or her
				knowledge of wildlife biology, acquired through professional education or
				related practical experience, is qualified to investigate complaints of
				nuisance wildlife, threats to public safety by wildlife and crop damage by
				wildlife.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-15 - PERMITS TO KILL DEER OR OTHER WILDLIFE CAUSING DAMAGE TO CULTIVATED CROPS, TREES, COMMERCIAL NURSERIES AND HOMEOWNER'S SHRUBBERY, VEGETABLE GARDENS AND OTHER PROPERTY › Section 58-15-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Landowners,
				lessees, or tenants may report to the Division the destruction, damage, or loss
				of their cultivated crops, fruit trees, commercial nurseries, homeowner's
				trees, shrubbery, vegetable gardens, and other property caused by the direct or
				indirect feeding, nesting, burrowing, building, trampling, or other damage
				causing activities of deer or other wildlife.
3.2. Authorization provided to kill or remove
				wildlife that cause property damage is made at the discretion of a natural
				resources police officer or his or her wildlife biologist designee.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-15 - PERMITS TO KILL DEER OR OTHER WILDLIFE CAUSING DAMAGE TO CULTIVATED CROPS, TREES, COMMERCIAL NURSERIES AND HOMEOWNER'S SHRUBBERY, VEGETABLE GARDENS AND OTHER PROPERTY › Section 58-15-4 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Damage caused
				by bear, elk, and migratory birds is not covered by these provisions.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-15 - PERMITS TO KILL DEER OR OTHER WILDLIFE CAUSING DAMAGE TO CULTIVATED CROPS, TREES, COMMERCIAL NURSERIES AND HOMEOWNER'S SHRUBBERY, VEGETABLE GARDENS AND OTHER PROPERTY › Section 58-15-5 - Authorized Persons

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Persons
				authorized to kill deer or other wildlife under these provisions shall include
				only the landowner, lessee, tenants, or persons previously designated by the
				owner and approved by natural resources police officer or his or her wildlife
				biologist designee. Permittees may kill designated animals only in the
				immediate vicinity of the permittees' damaged crops or damaged property.
				"Immediate Vicinity" shall be determined by the natural resources police
				officer or his or her wildlife biologist designee based upon the species in
				question, neighboring habitat, and other relevant factors and shall be
				specified in the permit issued.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-15 - PERMITS TO KILL DEER OR OTHER WILDLIFE CAUSING DAMAGE TO CULTIVATED CROPS, TREES, COMMERCIAL NURSERIES AND HOMEOWNER'S SHRUBBERY, VEGETABLE GARDENS AND OTHER PROPERTY › Section 58-15-6 - Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Notification.
				At the occurrence of damage, the landowner, lessee, or tenant shall notify a
				local natural resources police officer or Division of Natural Resources
				district law enforcement office and report his or her name, address, specific
				location where the damage is occurring, type of damage, and species causing
				such damage.
6.2. Natural Resources
				Police Officer Investigation. A natural resources police officer or his or her
				wildlife biologist designee shall investigate the alleged damage according to
				the procedures outlined in this rule, complete the necessary wildlife damage
				forms and permits, and submit completed forms quarterly to the district
				wildlife biologist.
6.2.1. When satisfied
				that the landowner, lessee, or tenant is suffering wildlife damage, natural
				resources police officer or his or her wildlife biologist designee may
				disregard Section 6.3, complete the Wildlife Damage Investigation Report and
				mail a copy with kill permits and tags to the complainant.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-15 - PERMITS TO KILL DEER OR OTHER WILDLIFE CAUSING DAMAGE TO CULTIVATED CROPS, TREES, COMMERCIAL NURSERIES AND HOMEOWNER'S SHRUBBERY, VEGETABLE GARDENS AND OTHER PROPERTY › Section 58-15-7 - Issuance of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Upon
				making a determination of substantial damage pursuant to section 6.3. of this
				rule, a natural resources police officer or his or her wildlife biologist
				designee shall issue a permit identifying the species of wildlife causing the
				damage and the authorized number of animals which may be taken as follows:
7.1.1. For estimates of five or less animals
				determined to be causing damage the permittee may be allowed to kill up to 100%
				of the estimated animals.
7.1.2.
				For estimates of six to 10 animals determined to be causing damage the
				permittee may be allowed to kill up to 80% of the estimated animals.
7.1.3. For estimates of more than 10 animals
				determined to be causing damage, the permittee may be allowed to kill up to 50%
				of the estimated animals.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-15 - PERMITS TO KILL DEER OR OTHER WILDLIFE CAUSING DAMAGE TO CULTIVATED CROPS, TREES, COMMERCIAL NURSERIES AND HOMEOWNER'S SHRUBBERY, VEGETABLE GARDENS AND OTHER PROPERTY › Section 58-15-8 - Duties of Permittees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All
				persons listed as designated shooters must possess a valid West Virginia
				Hunting license or be exempt from that requirement pursuant to W. Va. Code
				§
									20-2-27 or
				§
									20-2-28.
8.2. All wildlife taken must be immediately
				tagged with a non-hunting tag supplied by the Division of Natural Resources
				prior to being removed from the place of kill. Part of the tag shall be
				completed and affixed to the carcass and the remaining portion completed and
				returned to the Division of Natural Resources within 48 hours following the
				date of the kill. Any deer found not properly tagged will be confiscated and is
				grounds for revocation of the permit.
8.3. It is the responsibility of the
				permittee for lawful removal and disposal of the wildlife killed. Final
				disposition of any wildlife is to be reported to the issuing natural resources
				police officer or his or her wildlife biologist designee as required.
8.4. All wildlife lawfully taken under this
				provision may be transported beyond the boundaries of the State of West
				Virginia; providing, that anyone transporting wildlife outside of the State of
				West Virginia is responsible for complying with any state code or rules that
				may apply to his or her particular circumstance or place of
				residence.
8.5. The Wildlife Damage
				Permit and all unused tags must be returned to the issuing natural resources
				police officer or his or her wildlife biologist designee within five days
				following expiration of said permit. Failure to comply with this requirement is
				grounds for denial of future Wildlife Damage Permit requests.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-15 - PERMITS TO KILL DEER OR OTHER WILDLIFE CAUSING DAMAGE TO CULTIVATED CROPS, TREES, COMMERCIAL NURSERIES AND HOMEOWNER'S SHRUBBERY, VEGETABLE GARDENS AND OTHER PROPERTY › Section 58-15-9 - Reoccurrence

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If substantial
				damage continues or reoccurs after removing deer or other wildlife, then
				natural resources police officer or his or her wildlife biologist designee may
				repeat issuing permits provided that the procedures of sections 6 and 7 of this
				rule are followed, until successive substantial damage ceases.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-15 - PERMITS TO KILL DEER OR OTHER WILDLIFE CAUSING DAMAGE TO CULTIVATED CROPS, TREES, COMMERCIAL NURSERIES AND HOMEOWNER'S SHRUBBERY, VEGETABLE GARDENS AND OTHER PROPERTY › Section 58-15-10 - Disposition of Wildlife

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Landowners, lessees, or tenants may retain all wildlife taken.
10.2. Wildlife not retained by the landowner,
				lessee, or tenant may be given away with prior approval of a natural resources
				police officer or his or her wildlife biologist designee or buried by the
				permittee.
10.3. Landowners,
				lessees, tenants, and previously designated permittees are exempt from the
				provisions of W. Va. Code §
									20-2-5i
et seq.
when disposing of any big game lawfully taken in
				accordance with 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 58-16 - Transporting And Selling Wildlife Pelts and parts › Section 58-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The purpose of this rule is to regulate the shipment and sale of
				the raw furs, pelts, and skins of wildlife, and carcasses for the making of
				lures and baits, carcass parts, including skulls, claws and bones, and urine of
				furbearing animals.
1.2. Authority.
				-- W. Va. Code §§
									20-2-11,
				20-2-12
				and
				20-2-49.
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 58-16 - Transporting And Selling Wildlife Pelts and parts › Section 58-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Carcass"
				means the skinned or unskinned body of an animal.
2.2. "Division" means the West Virginia
				Division of Natural Resources.
2.3.
				"Director" means the director of the West Virginia Division of Natural
				Resources.
2.4. "Fur-Bearing
				Animal" means an animal of one of the following species: beaver; bobcat;
				coyote; fisher; gray fox; mink; muskrat; opossum; otter; raccoon; red fox;
				spotted skunk; striped skunk; or weasel.
2.5. "Hide" means a fresh or dressed skin
				that has been stripped from an animal.
2.6. "Licensed Hunter or Trapper" means a
				person who takes fur-bearing animals in this State under a valid Class A, AAH,
				AH, AHJ, AAHJ, A-L, A-L-I, AB-L, AB-L-I, E, X, XJ, XXJ or XS license or who is
				by statute exempt from such licensing.
2.7. "Licensee" means a person who has been
				issued a fur dealer's license or an agent's permit by the Division.
2.8. "Raw Fur, Pelt, or Skin" means a fresh
				or dressed skin, with its hair either removed or remaining, that has been
				either stripped from an animal or left attached to its carcass.
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 58-16-3 - Shipping Tags

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person
				may ship, transport, or carry 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 unless such shipment has a Division shipping tag
				visibly attached.
3.1.1. Shipping tags for
				commercial fur dealers may be obtained free of charge from any Division of
				Natural Resources office statewide. Shipping tags for individual hunters and
				trappers may be obtained free of charge from any Division of Natural Resources
				office or licensing agent statewide.
3.1.2. One part of the shipping tag must be
				attached to the outside of the package or container that will be shipped,
				transported, or otherwise carried. The other part of the tag must be completed
				and returned to the Division within 24 hours of shipment.
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 58-16-4 - Fur Dealer Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Except
				as provided in subsection 4.1.1 of these regulations, no person may buy or sell
				in this State 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 any
				fur-bearing animal unless he or she has a valid fur dealer's license or agent's
				permit issued by the Division.
4.1.1. A
				licensed hunter or trapper need not obtain a fur dealer's license or agent's
				permit from the Division in order to sell 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 which was legally taken by
				him or her in this State.
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 58-16-5 - Fur Dealer Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				person who has been issued a fur dealer's license by the Division must maintain
				records of all purchases and sales 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 furbearing animals and the hides of big game
				animals.
5.2. The records of any
				person who has been issued a fur dealer's license by the Division may be
				inspected during normal business hours by a Division natural resources police
				officer to assure compliance with all requirements mandated by statute or
				regulation or by the terms and conditions of the 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 58-16 - Transporting And Selling Wildlife Pelts and parts › Section 58-16-6 - Fur Dealer Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
				person who has been issued a fur dealer's license by the Division must file
				transaction reports detailing all purchases and sales 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 and the
				hides of big game animals in accordance with the procedures found in W. Va.
				Code of State Rules, Title 58 Series 17, Fur Dealer Transactions.
6.2. Failure by a licensed fur dealer to file
				transaction reports on time, or refusal to file such reports, constitutes cause
				for license revocation under section 7 of these regulations.
6.3. Failure by a licensed fur dealer to file
				transaction reports which are accurate, legible, and complete constitutes cause
				for license revocation under section 7 of these regulations.