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 58-61 - Special Fishing Rule › Section 58-61-6 - Special Area Rule for DNR-Owned or Leased Public Boating and Fishing Access Sites

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Requirements and prohibitions:
6.1.1. Public
				boating and fishing access facilities shall be used solely for the purpose of
				launching and retrieving watercraft or fishing from shore. No other use of
				access sites is allowed;
6.1.2. A
				person may not consume or possess an open container of any alcoholic liquor,
				nonintoxicating beer, nonintoxicating craft beer, wine, or controlled
				substances at any time on any public boating and fishing access site;
6.1.3. Swimming or bathing from any public
				boating and fishing access site is prohibited;
6.1.4. Camping is prohibited on any public
				boating and fishing access site;
6.1.5. Open fires are prohibited on any
				public boating and fishing access site;
6.1.6. Trash disposal is prohibited on any
				public boating and fishing access site, except where trash receptacles are
				provided;
6.1.7. No person shall
				remove, cut, deface, destroy, or drive any object into any tree, shrub, rock,
				sign, building, or other structure or object on a public boating and fishing
				access site;
6.1.8. Loud or
				excessive noise, demonstrations, disturbances, and disorderly conduct is
				prohibited on a public boating and fishing access site;
6.1.9. Discharge of firearms, fireworks and
				explosives on any public boating and fishing access site is
				prohibited;
6.1.10. Leaving
				unattended watercraft is prohibited at any public boating and fishing access
				site;
6.1.11. Commercial use of any
				public boating and fishing access site is prohibited, except as authorized by
				the Director;
6.1.12. Parking of
				any vehicle or the mooring of any watercraft in such a manner as to obstruct
				any avenue of ingress or egress, except for the purpose of launching from any
				public boating and fishing access site is prohibited;
6.1.13. Any law enforcement officer acting
				under proper authority may prohibit an individual from launching a watercraft
				from any public boating and fishing access site; and
6.1.14. After launching, vehicles shall be
				parked in available parking spaces.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-61 - Special Fishing Rule › Section 58-61-8 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any person
				violating the provisions of this rule is guilty of a misdemeanor and, upon
				conviction thereof, shall be punished in accordance with 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 58-62 - Catching and Selling Baitfish › Section 58-62-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes regulations to govern the catching and selling of
				bait fish under a license issued pursuant to W. Va. Code §
									20-2-55.
1.2. Authority. -- W. Va. Code §
									20-1-7(31)
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 58-62 - Catching and Selling Baitfish › Section 58-62-2 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Aggregate"
				means the total possession or sales limit on similar kinds of bait fish
				considered as a whole.
2.2. "Bait
				fish" means the species listed in section 3 of these regulations.
2.3. "Licensee" means a person holding a
				valid license to catch and sell minnows and other bait fish issued by the
				Division pursuant to WV Code §
									20-2-55.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-62 - Catching and Selling Baitfish › Section 58-62-3 - Species Which May Be Legally CaughtAnd Sold

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The following species may be caught and
				sold by a licensee:
3.1.1.
				Crayfish.
3.1.2. Gizzard Shad
				(Dorosoma cepedianum). -- Gizzard shad have a row of sharp, spiny scutes
				(saw-toothed scales) along their belly and the last ray of their dorsal fin is
				greatly elongated.
3.1.3.
				Hellgrammites.
3.1.4. Madtoms. --
				All species in the family Ictaluridae, genus Noturus. Madtoms have an adipose
				fin continuous with the caudal fin (i.e., the tail fin continues forward along
				the back of the fish).
3.1.5.
				Minnows. -- All species in the family Cyprinidae except carp and goldfish.
				Minnows have a single, spineless dorsal (back) fin which has nine or fewer
				rays.
3.1.6. Salamanders -- All
				species which may be taken as specified in W. Va. Code of State Rules, Title 58
				Series 73.
3.1.7. Suckers. -- All
				species in the family Castostomidae.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-62 - Catching and Selling Baitfish › Section 58-62-4 - Possession Limit

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Crayfish,
				hellgrammites, and amphibians. -- 250 in total aggregate number.
4.2. Gizzard Shad. -- No limit.
4.3. Madtoms, minnows, and suckers. -- 10
				pounds in total aggregate weight.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-62 - Catching and Selling Baitfish › Section 58-62-5 - Sales Limits

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Crayfish,
				hellgrammites, and amphibians. -- 50 in total aggregate number per
				purchaser.
5.2. Gizzard Shad. -- No
				limit.
5.3. Madtoms, minnows, and
				suckers. -- 50 in total aggregate number per purchaser.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-62 - Catching and Selling Baitfish › Section 58-62-6 - Size Limits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. There are
				no size limits on bait fish taken for commercial sale.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-62 - Catching and Selling Baitfish › Section 58-62-7 - Legal Collection Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Cast nets may be used to catch bait fish
				for commercial sale if such nets do not exceed 12 feet in radius and have a
				square mesh not smaller than one-quarter inch nor larger than one
				inch.
7.2. Dip nets may be used to
				catch bait fish for commercial sale if such nets do not exceed 36 square feet
				in overall area and have a mesh not smaller than one-quarter inch.
7.3. Minnow traps may be used to catch bait
				fish for commercial sale provided the opening of such traps is not larger than
				one inch in diameter.
7.4. Seines
				may be used to catch bait fish for commercial sale if such seines do not exceed
				four feet in depth, eight feet in length, and have a mesh not smaller than
				one-quarter inch.
7.5. Any minnow
				trap that is left unattended must have a waterproof and legible tag bearing the
				licensee's name and address and must be tended at least once every 24
				hours.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-62 - Catching and Selling Baitfish › Section 58-62-8 - Restricted Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. No bait
				fish may be taken for the purpose of commercial sale from waters closed to
				fishing under the provisions of W. Va. Code of State Rules, Title 58 Series 60,
				Fishing Regulations.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-62 - Catching and Selling Baitfish › Section 58-62-9 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A licensee who
				violates any provision of this rule is subject to the penalties of W. Va. Code
				of State Rules, Title 58 Series 64, Miscellaneous Permits and
				Licenses.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-63 - Commercial Sale of Wildlife › Section 58-63-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the sale or transfer of wildlife raised, imported, or
				captured under licenses issued by the Division pursuant to W. Va. Code
				§§
									20-2-11,
				20-2-13,
				20-2-14,
				20-2-47,
				20-2-48,
				20-2-51,
				and
				20-2-52.
1.2. Authority. -- W. Va. Code §§
									20-2-11,
				20-1-7(31),
				and
				20-2-13.
1.3. Filing Date. -- May 9, 2022.
1.4. Effective Date. -- May 9,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-63 - Commercial Sale of Wildlife › Section 58-63-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Cervid" means
				all members of the deer family, native and exotic.
2.2. "Facility" means the property on which a
				person engages in an activity for which one of the licenses listed in section
				2.2 of this rule or issued pursuant to W. Va. Code §
									20-2-51
				and § 20-2-52 is required by statute and includes, but is not limited to,
				buildings, enclosures, grounds, impoundments, and ponds.
2.3. "Licensee" means a person who has been
				granted one of the following permits and licenses issued by the Division or
				issued pursuant to W. Va. Code §§
									20-2-51
				and
				20-2-52:
2.3.1. A license for the operation of a
				private game preserve for the propagation of wild animals or wild birds for
				commercial purposes (W. Va. Code §
										20-2-47).
				The Division will issue three categories of this license:
2.3.1.a. Commercial game farm license. This
				license authorizes the licensee to breed or raise wild animals and wild birds
				as specified by the license, to sell the wild animals and wild birds dead or
				alive, or to sell the eggs of birds in accordance with the provisions of this
				rule and under the terms and conditions of the license. This license does not
				include the acquisition or holding of foxes or raccoons trapped from the wild
				by a legal trapper (W. Va. Code §
											20-2-11);
2.3.1.b. Hound coursing/training pen game
				farm license. This license authorizes the licensee to purchase, hold, and
				release into hound coursing/training pens in accordance with the provisions of
				this rule and under terms and conditions of the license, live foxes or raccoons
				obtained from the wild by a legal trapper (W. Va. Code §
											20-2-11)
				or live wildlife obtained by means specified under Section 3 of this rule;
				and
2.3.1.c. Incorporated sportsmen
				club game farm license. This license authorizes incorporated sportsmen clubs in
				West Virginia to purchase, hold, and release in accordance with the provisions
				of this rule and under terms and conditions of the license, live foxes and
				raccoons obtained from the wild by a legal trapper (W. Va. Code §
											20-2-11)
				or other means specified under Section 3 of this rule for the purpose of
				restocking.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-63 - Commercial Sale of Wildlife › Section 58-63-3 - Wildlife Acquisition

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Wildlife held by a licensee shall have been:
3.1.1. Obtained from a person licensed by the
				Division to sell wildlife in this State;
3.1.2. Imported into this State under the
				provisions of W. Va. Code §
										20-2-13;
3.1.3. Born at the licensee's facility as the
				offspring of wildlife legally held by the licensee; or
3.1.4. Obtained from a legal trapper under
				the provisions of W. Va. Code §
										20-2-11.
				The animal, captured within the county in which the licensee is to hold and
				release the animal or captured from counties specified by the Director for
				which inter-county sale or possession transfer may occur, shall only be
				acquired under terms and conditions of the license.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-63 - Commercial Sale of Wildlife › Section 58-63-4 - Wildlife Sales or Transfer

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				licensee or legal trapper that sells or transfers possession of wildlife shall
				provide a bill of sale or document to each person who purchases or receives the
				wildlife. The licensee or legal trapper shall maintain the bill of sale or
				document with the wildlife while it is being transported and the bill of sale
				or document shall, at a minimum, contain the following information:
4.1.1. The licensee's or legal trapper's name
				and address;
4.1.2. The licensee's
				or legal trapper's license number or DNR ID number if exempt from licensing
				requirements;
4.1.3. The date of
				the sale or transfer;
4.1.4. The
				purchaser's or receiver's name and address; and
4.1.5. A description of the wildlife sold or
				transferred, including the number of each species sold or transferred and any
				unique identification.
4.1.5.a. For sales of
				fish, this description shall include the number of pounds of each species
				sold.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-63 - Commercial Sale of Wildlife › Section 58-63-5 - Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A licensee
				shall maintain accurate and current records of all wildlife acquisitions and
				sales or possession transfers and shall also maintain records on all wildlife
				born at the licensee's facility. A licensee shall maintain records of all
				wildlife escaping from the facility and report escapes to the district law
				enforcement captain within 24 hours of discovery. All records shall be either
				typed or written in plain and legible English and shall include the full name,
				address, and telephone number of each person with whom the licensee has
				conducted a wildlife transaction and a commercial game farm licensee shall
				maintain these records on forms supplied by the Director. The records shall
				contain the ear tag number, county of origin, date, and disposition for all
				live foxes and raccoons acquired in the manner specified in subsection 3.1.4.
				of this rule. A licensee shall maintain all records at his or her facility for
				a minimum period of three years and a copy of the records of all acquisition,
				sales, or possession transfers shall be forwarded to the district law
				enforcement captain within 15 days of the transaction.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-63 - Commercial Sale of Wildlife › Section 58-63-6 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A licensee's
				facility, records, or wildlife may be inspected by an authorized representative
				of the director, on a case-by-case basis, to assure compliance with all
				requirements mandated by statute or rule or by the terms and conditions of the
				licensee's permit or license.
6.2.
				The Director may require a licensee to submit appropriate samples of the
				wildlife for testing, as a term and condition of the wildlife acquisition,
				sale, or possession transfer to protect public health and the welfare of native
				wildlife.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-63 - Commercial Sale of Wildlife › Section 58-63-7 - Possession for Commercial Purposes Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Except for persons possessing a license
				or permit or specifically designated by authority of W. Va. Code §
									20-2-11,
				it is illegal for any person to take, or attempt to take, from the wild or
				possess for commercial purposes any species of wildlife native to this State,
				either dead or alive, or to take or attempt to take by any means, or to sell,
				trade, barter, expose or offer for sale, trade or barter, or to possess or
				transport, or to have in one's possession with the intent to transport into or
				out of the state any native wildlife, their eggs, or part thereof for
				commercial purposes.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-63 - Commercial Sale of Wildlife › Section 58-63-8 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any person
				accused of violating any provision of this rule, may, in the discretion of the
				Director, be referred to the county prosecutor in the county of the alleged
				offense for potential prosecution of a misdemeanor or felony. If the county
				prosecutor determines that a referred violation of this rule meets the act and
				state of mind requirements for criminal liability under West Virginia law, upon
				conviction thereof, the violator may be punished by a fine of up to $500 or up
				to 30 days of incarceration in the county jail, or a combination of fine and
				incarceration. As applicable, the violation may, in the discretion of the
				county prosecutor, be prosecuted pursuant to and sentenced by a court in
				accordance with W.Va. Code Chapter 61:
Provided,
That
				convictions for violations of this rule may only be subject to incarceration if
				the rule violation convicted of posed a substantial risk to life or public
				safety, or in fact caused actual substantial harm resulting from the
				violation.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-64 - Miscellaneous Permits and Licenses › Section 58-64-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This rule establishes procedures concerning the application for and
				renewal of certain permits and licenses issued by the Division and the keeping
				of records, submission of reports and other terms and conditions associated
				with such permits and licenses.
1.2. Authority. -- W. Va. Code §§
									20-1-7(20) and
				20-1-7(30).
1.3. Filing Date. -- May 8, 2023.
1.4. Effective Date. -- May 8,
				2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect August 1,
				2028.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-64 - Miscellaneous Permits and Licenses › Section 58-64-2 - 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 any
				one of the following permits and licenses issued by the Division under the
				provisions of W. Va. Code §20-2
et seq.
2.1.a. A license for the operation of a
				private game preserve for the propagation of wild animals or wild birds for
				commercial purposes (W. Va. Code §
										20-2-47). Three categories of this
				license will be issued by the Division:
2.1.a.1. Commercial game farm license. This
				license authorizes the holder to breed or raise such animals and birds as
				specified by the license, to sell the same dead or alive, or to sell the eggs
				of birds in accordance with the provisions of Division rules governing the
				commercial sale of wildlife (58CSR63). This license does not include the
				acquisition or holding of foxes or raccoons trapped from the wild by a legal
				trapper under provisions of W. Va. Code §
											20-2-11.
2.1.a.2. Hound coursing/training pen game
				farm license. This license authorizes the holder to purchase, hold, and release
				into hound coursing/training pens in accordance with the provisions of this
				rule and under terms and conditions of the license, live foxes and raccoons
				obtained from the wild by a legal trapper under provisions of W. Va. Code
				§
											20-2-11 or live wildlife obtained
				by means specified under 58CSR63 Section 3.
2.1.a.3. Incorporated sportsmen club
				restocking game farm license. This license authorizes incorporated sportsmen
				clubs in West Virginia to purchase, hold, and release in accordance with the
				provisions of this rule and under terms and conditions of the license, live
				foxes and raccoons obtained from the wild by a legal trapper under provisions
				of W. Va. Code §
											20-2-11 or other means specified
				under 58CSR63 Section 3 for the purpose of restocking.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-64 - Miscellaneous Permits and Licenses › Section 58-64-3 - Application Submission and Review

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Except as provided in Section 3.1.a. of
				this rule, an applicant must submit the appropriate and completed application
				form furnished by the Division to the district office which serves the county
				in which the applicant's facility is located.
3.1.a. An applicant for a commercial shooting
				preserve license issued under W. Va. Code §
										20-2-54 must submit the
				appropriate and completed application form furnished by the Division to the
				address supplied on that form.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-64 - Miscellaneous Permits and Licenses › Section 58-64-4 - Renewal of Issued Permits and Licenses

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A commercial shooting preserve license
				issued under W. Va. Code §
									20-2-54 expires on June 30 of the
				fiscal year of issue. All other permits and licenses issued under this rule
				expire on December 31 of the year of issue.
4.2. A licensee may seek to renew an issued
				permit or license by submitting an updated application to the Division no later
				than one month prior to the date upon which his permit or license expires.
4.2.a. A renewal application will be
				submitted by the licensee and processed by the Division in accordance with the
				provisions of Section 3 of this rule.
4.2.b. A one-month extension for an issued
				permit or license may be granted by Division personnel in order to facilitate
				the review and processing of a licensee's renewal application. No fee will be
				charged for an extension.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-64 - Miscellaneous Permits and Licenses › Section 58-64-5 - Record Keeping and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Records must be maintained by the licensee in accordance with the terms and
				conditions of the issued permit or license.
5.2. Reports must be submitted by the
				licensee to the chief in accordance with the terms and conditions of the issued
				permit or license.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-64 - Miscellaneous Permits and Licenses › Section 58-64-6 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An applicant's
				facility and wildlife may be inspected by Division personnel, on a case by case
				basis, prior to the granting of the desired permit or license, except as
				provided in Section 6.2 of this rule.
6.2. Division personnel will inspect an
				applicant's facility and wildlife prior to the granting of a game farm license
				under W. Va. Code §
									20-2-47, a fish pond license under
				W. Va. Code §
									20-2-48, or a roadside menagerie
				permit under W. Va. Code §
									20-2-52 to assure compliance with
				all requirements mandated by statute or rule.
6.2.a. Prior to the issuance of a game farm
				license, Division personnel will determine that the game farm is properly
				enclosed, that the provisions for housing and sanitation are proper and
				adequate, and that the safety of the public is protected.
6.2.b. Prior to the issuance of a fish pond
				license, Division personnel will determine that the fish plant or pond will not
				interfere with the free passage of fish, that any water diverted to such plant
				or pond does not violate the riparian rights of other landowners, and that such
				plant, pond, or diversion will not interfere with the public stocking or
				propagation of fish frequenting such waters.
6.2.c. Prior to the issuance of a roadside
				menagerie permit, Division personnel will determine that the provisions for
				housing and care of wildlife to be kept in captivity at the menagerie are
				proper and adequate and that the safety of the public is protected.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-64 - Miscellaneous Permits and Licenses › Section 58-64-8 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Division
				may refer violations of the provisions of this rule to the appropriate law
				enforcement or prosecutor's office for criminal prosecution.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-64 - Miscellaneous Permits and Licenses › Section 58-64-9 - Appeals to the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any
				condition set forth in a permit or license may be appealed to the director for
				reconsideration.
9.1.a. A licensee may submit
				a written request to the director for an informal hearing to consider the
				modification of any condition of an issued permit or license. Such request must
				be submitted to the director within thirty (30) days of the date of permit or
				license issuance.
9.1.b. The
				condition being appealed will remain in effect until the director decides to
				grant the requested modification and so informs the licensee.
9.1.c. If, after considering the licensee's
				appeal, the director decides not to grant the requested modification, he will
				issue and furnish to the licensee a written decision, and the reasons therefor,
				concerning the denial.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes standards to govern the take,
				possession, training, and use of raptors for the purpose of hunting in West
				Virginia.
1.2. Authority. -- W. Va.
				Code §
									20-1-7(31).
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 58-65 - Falconry › Section 58-65-2 - 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. "Eyas" means an immature raptor that is
				not yet capable of flight.
2.4.
				"Falconry" means the sport of taking quarry by means of a trained
				raptor.
2.5. "Hacking" means the
				temporary release of a raptor held for falconry to the wild to facilitate the
				bird's acquisition of necessary hunting skills.
2.6. "Hybrid" means any bird meeting the
				definition of hybrid in Migratory Bird Permits,
				50
				C.F.R. §
										21.3.
2.7. "Imprint" for the purposes of falconry,
				means a bird that is hand raised in isolation from the sight of other raptors
				from two weeks of age until it is fledged. An imprint bird remains such for its
				entire lifetime.
2.8. "Raptor"
				means a live migratory bird of the Order Falconiformes, Order Accipitriformes,
				or the Order Strigiformes.
2.9.
				"Passage" means a first-year raptor that is no longer dependent upon parental
				care.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-3 - Permit Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				West Virginia falconry permit is required before any resident may take,
				possess, transport, sell, purchase, barter, or offer to sell, purchase, or
				barter raptors for falconry purposes.
3.2. Applicants shall complete and submit an
				application on forms provided by the Division.
3.3. Permits are valid from January 1 to
				December 31 of each year. Permits are renewablebut may not be transferred to
				another person. The Director may deny or revoke permits for cause or for
				violation of any of the provisions of the permit or this rule.
3.4. Requirements for obtaining a West
				Virginia Falconry permit.
3.4.1. The
				applicant must secure a sponsor in accordance withsection 5 of this
				rule.
3.4.2. The applicant must
				pass the West Virginia falconry examination in accordancesection 6 of this
				rule.
3.4.3. The applicant's raptor
				housing facilities and equipment shall be inspected and certified as meeting
				the standards established in section 7 of this rule by a representative of the
				Wildlife Resources Section of 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 58-65 - Falconry › Section 58-65-4 - Hunting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In addition to
				a falconry permit, a permittee shall possess a valid hunting license and any
				other applicable stamps or licenses required by law.
4.1.1. A Federal waterfowl stamp is required
				to hunt waterfowl and a WVHIP registration is required to hunt any migratory
				game birds.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-5 - Classes of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Apprentice Class.
5.1.1. An applicant for an
				apprentice class permit must be at least 12 years old.
5.1.2. If the applicant is under 18 years of
				age, a parent or legal guardian must sign the application and is legally
				responsible for the applicant's activities.
5.1.3. An applicant must have a sponsor who
				meets the requirements of subsection 5.1.3.a for the first two years in which
				an apprentice permit is held, regardless of the age of the permittee.
5.1.3.a. A sponsor must be at least 18 years
				of age, hold a valid West Virginia General or Master Falconry Permit, or a
				valid General or Master Falconry Permit from another state meeting Federal
				falconry standards and have no less than two years of experience at the General
				Falconer level. A sponsor may not have more than three apprentices at any one
				time.
5.1.3.b. The applicant shall
				submit an application signed by the sponsor affirming he or she will instruct
				the applicant in proper husbandry, training, and hunting of raptors held for
				falconry.
5.1.4. A
				permittee may not possess more than one raptor and may not obtain more than one
				raptor for replacement during any 12-month period.
5.1.5. A permittee may possess only an
				American kestrel (
Falco sparverius
) or a red-tailed hawk
				(
Buteo jamaicensis
), which must be taken from the wild by the
				applicant or in the applicant's immediate presence.
5.1.6. A permittee may not possess an eyas or
				imprint.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-6 - Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An applicant
				for a falconry permit shall take a supervised examination relative to basic
				biology, care and handling of raptors, literature, laws, rules, regulations and
				other appropriate subject matter. The applicant must answer correctly at least
				80 percent of the questions on an examination provided and administered by the
				Division before the Division shall issue a falconry permit.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-7 - Facilities and Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 The
				primary consideration for raptor housing facilities, whether indoor (mews or
				residence provision) or outdoor (weathering area), is protection from the
				environment, predators, domestic animals, and undue disturbance. The applicant
				shall have the following facilities, except that depending on climatic
				conditions or specific considerations for the species of raptor being housed,
				only one facility shall be necessary provided that one facility fulfills the
				housing requirements established in this section.
7.1.1. Indoor facilities (mews).
7.1.1.a. Indoor facilities shall be large
				enough to allow easy access through a secure door for the care and feeding of
				the raptors kept in the facility.
7.1.1.b. More than one raptor may be kept
				untethered in the facility provided they are compatible and will not cause
				injury or harm to one another.
7.1.1.c. Each raptor housed in the facility
				shall have an area large enough to allow it to fly or, if tethered, fully
				extend its wings and bate (attempt to fly while tethered) without damaging its
				feathers or contacting other raptors.
7.1.1.d. The facility shall have at least one
				opening for sunlight protected on the inside by materials suitable to prevent
				injury to the raptor during any attempt to exit through the opening. Any walls
				that are not solid shall be similarly protected.
7.1.1.e. Each raptor housed in the facility
				shall have access to an adequate perch and a bath container of clean
				water.
7.1.1.f. The floor of the
				facility shall permit easy cleaning and shall be well drained.
7.1.1.g. Raptors may be kept in a residence
				provided that the residence meets or exceeds the provisions in this subsection,
				except that all raptors housed in this manner must be tethered and windows or
				other openings do not have to be covered.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-8 - Nonresident and Temporary Resident Falconry

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A nonresident falconer shall possess a
				valid falconry permit from another sate that meets Federal falconry standards
				to participate in falconry activities in West Virginia.
8.2. Nonresident falconers shall possess
				appropriate nonresident hunting licenses to hunt with a raptor in West
				Virginia.
8.3. A falconer with a
				valid falconry permit from another state who temporarily resides in West
				Virginia for 120 days or longer must obtain a West Virginia falconry permit.
8.3.1. The holder of a valid falconry permit
				from another state who applies for a West Virginia falconry permit is not
				required to take the West Virginia falconry examination, but is subject to all
				facility, equipment and inspection requirements of this rule.
8.3.2. Upon payment of the initial
				application fee by the applicant and the certification of his or her facilities
				and equipment, the Division shall issue the applicant a permit in the same
				class held by the applicant in another state provided the applicant provides
				proof of licensure or permit at that class.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-9 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A permittee
				shall complete and submit a Federal Fish and Wildlife Permit Application form
				3-186A (Migratory Bird Acquisition/Disposition Report) electronically at
http://permits.fws.gov/
186A and in
				paper form to the Division, in accordance with the instruction on the form,
				within 10 days of any acquisition (take, purchase, transfer, barter, receive),
				loss (sell, transfer, barter, death, lose) or change in status (reband,
				microchip).
9.1.1. A permittee has 30 days to
				recover a raptor lost to the wild. The loss must be reported within five days
				of the termination of the 30-dayreclamation period if the raptor is not
				recaptured.
9.1.2. A permittee
				shall report the theft of any raptor to the Division and to the U.S. Fish and
				Wildlife Service Regional Law Enforcement office within 10 days of the
				theft.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-10 - Marking

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Northern
				goshawks (
Accipiter gentilis
), Harris's hawks
(Parabuteo unicinctus)
, Peregrine falcons (
Falco
				peregrines
)and Gyrfalcons
(Falco rusticolus)
taken,
				possessed, transported or used for falconry purposes shall be marked according
				to the following guidelines:
10.1.1. For
				captive-bred raptors, a seamless, numbered leg band issued by the U.S. Fish and
				Wildlife Service must be attached to the raptor.
10.1.2. For raptors originating from the
				wild, a U.S. Fish and Wildlife Service permanent, non-reusable numbered leg
				band issued by the Division must be attached to the raptor. A raptor taken from
				the wild may not be banded with a seamless numbered leg band.
10.1.3. For both captive-bred raptors and
				raptors originating from the wild, an ISO (International Organization for
				Standardization)-compliant (134.2 kHz) microchip may be implanted in addition
				to the leg band.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-11 - Take/Trapping of Raptors

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A
				permittee shall notify the District Wildlife Biologist and District Law
				Enforcement Captain of the Division of his or her capture plans at least three
				days before initiating any trapping activity. The notification shall include
				the location of the trapping, a description of the trapping or capture methods
				and documentation that the permittee has permission from the landowner,
				including public lands. Furthermore, if the permittee is trapping and or
				acquiring the raptor from out-of-state, an importation permit as prescribed in
				W.Va. Code §
									20-2-13
				will be required.
11.2. Resident
				Apprentice Falconers may take only an American kestrel (
Falco
				sparverius
) or a red-tailed hawk (
Buteo jamaicensis
)
				from the wild in West Virginia.
11.3. Resident General or Master Falconers
				may take from the wild any species of Falconiform, Accipitriform or Strigiform
				in West Virginia except: eagles; peregrine falcon except by special permit;
				Northern harrier (
Circus
hudsonius); northern goshawk;
				American rough-legged hawk (
Buteo lagopus
); barn owl
				(
Tyto alba
); long-eared owl (
Asio otus
);
				short-eared owl (
Asio flammeus
); northern saw-whet owl
				(
Aegolius acadicus
); merlin (
Falco
columbarius) eyases; sharp-shinned hawk (
Accipiter
striatus)
				eyases.
11.4. Species cited as
				threatened or endangered under Endangered and threatened wildlife,
				50 C.F.R.
				§
										17.11 may not be taken in West
				Virginia, unless the permittee holds a valid Federal endangered species
				permit.
11.5. If a permittee
				captures a raptor he or she is not allowed to possess, it must be released
				immediately.
11.6. Permittees,
				regardless of class, may not take more than two raptors from the wild in any
				calendar year.
11.7. Immature
				raptors which are not yet capable of flight (eyases) may be taken from May 1 to
				July 31 only by a general or master falconer. At least one young must be left
				in the nest or aerie from which the take occurs.
11.8. First year (passage) birds may be taken
				from September 1 to January 31.
11.9. Only American kestrels (
Falco
				sparverius
)and great-horned owls (
Bubo virginianus
)
				may be taken from the wild when over one year of age.
11.10. An individual, other than a permittee,
				may take a raptor from the wild for a permittee if the permittee is present and
				supervises the capture. The permittee is considered the person responsible for
				the take and reporting thereof.
11.10.1. A
				physically impaired permittee may retain a general or master permittee to take
				a bird from the wild for him or her. Even if not present during the capture,
				the impaired permittee is the person considered responsible for the take and
				the reporting thereof.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-12 - Use of eagles in falconry

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Only
				master falconers may possess eagles for use in falconry.
12.2. Master falconers may possess or
				transport up to two eagles of the following species: golden
				eagles
(Aquila chrysaetos)
, white-tailed eagles
(Haliaeetus albicilla)
, or Steller's
				sea-eagles
(Haliaeetus pelagicus)
, subject to the requirements
				of this section and Eagle Permits, Permits for Falconry Purposes
				50 C.F.R. §
										22.24. Any eagles held for falconry count
				against the possession limit of the permittee.
12.3. Before a permittee may possess an eagle
				for use in falconry he or she shall document and submit the following
				information to the Division:
12.3.1. The
				permittee's experience in handling large raptors, including information about
				the species he or she has handled and the type and duration of the activity in
				which he or she has gained experience; and
12.3.2. At least two letters of reference
				from persons with experience handling and or flying large raptors. Each letter
				shall contain a concise history of the author's experience with large raptors,
				which can include, but is not limited to, handling large raptors held by zoos,
				the rehabilitation of large raptors or participation in scientific studies
				involving large raptors. Each letter shall also assess the permittee's ability
				to care for and fly large raptors for falconry.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-13 - Related activities and permits

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. General or master falconers may hack
				raptors in West Virginia, except that a raptor may not be hacked near the
				nesting area of any Federally listed threatened or endangered species, or in
				any location where a hacked raptor is likely to take, harm or otherwise disturb
				a threatened or endangered species.
13.1.1.
				The permittee shall obtain written approval from the Division of any hack
				location prior to hacking.
13.1.2.
				Any raptor that a permittee hacks must be a species that the permittee is
				allowed to possess by this rule and counts against his or her possession
				limit.
13.1.3. Any hybrid raptor
				that is hacked must have two functioning radio transmitters attached during any
				hacking period.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-14 - Other provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Hybrid, non-indigenous, or captive-bred raptors may not be permanently released
				in West Virginia.
14.2. Radio
				Transmitters.
14.2.1. Hybrid raptors shall
				have two working radio transmitters attached when flown free.
14.2.2. Non-indigenous raptors shall have at
				least one working radio transmitter attached when flownfree.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-65 - Falconry › Section 58-65-15 - Permit Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				Director may revoke a falconry permit under the authority granted by West
				Virginia Code §
									20-2-38.
				The Director shall notify the permittee by certified mail of the specific
				reasons for the revocation.
15.2.
				Permits may be revoked for cause, including but not limited to: improper care
				for a raptor; a raptor becomes a public nuisance; any violation of Federal
				falconry rules Migratory Bird Permits, Falconry standards and Falconry
				permitting,
				50 C.F.R §
										21.29; any violation of this rule; or any
				violation of West Virginia game laws or regulations.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-66 - Fertility Control Of Free Roaming Wildlife › Section 58-66-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to establish standards governing the use of fertility
				control or contraceptive compounds on free roaming or noncaptive wildlife
				within the boundaries of this State.
1.2. Authority. -- W. Va. Code
				'20-1-5d..
1.3. Filing Date. -- May
				7, 1997.
1.4. Effective Date. --
				May 7, 1997.