20-2-1 Declaration of policy
20-2-1a Wildlife resources division; organization and administration
20-2-2 Violations of article
20-2-2a Interference with hunters, trappers and fishermen
20-2-3 State ownership of wildlife
20-2-4 Possession of wildlife
20-2-5 Unlawful methods of hunting and fishing and other unlawful acts; Sunday hunting
20-2-5a Forfeiture by person causing injury or death of game or protected species of animal; additional replacement costs for antlered deer; forfeiture procedures and costs
20-2-5b Exceeding creel limit on trout; other violations of code or rules and regulations for trout fishing; penalties
20-2-5c Protection of bald eagles and golden eagles; unlawful acts; criminal penalties; forfeitures; license revocation
20-2-5d Use of chemicals, biological compounds or devices on free roaming wildlife populations for fertility control
20-2-5e Assessment fee for decoy animals
20-2-5f Nonresident dog training for coon hunting; training season
20-2-5g Use of a crossbow to hunt
20-2-5h Elk management area; elk damage fund; criminal penalties; rule-making
20-2-6 Carrying gun on landowner’s land
20-2-7 Hunting, trapping or fishing on lands of another; damages and restitution
20-2-8 Posting unenclosed lands; hunting, etc., on posted land
20-2-9 Unlawful posting of lands
20-2-10 Destruction, etc., of signs posted under chapter
20-2-11 Sale of wildlife; transportation of same
20-2-12 Transportation of wildlife out of state; penalties
20-2-13 Importation of wildlife; certification and inspection of imported wildlife
20-2-14 Propagation of wildlife for commercial purposes
20-2-15 Permit to kill deer or other wildlife causing damage to cultivated crops, trees, commercial nurseries, homeowners’ shrubbery and vegetable gardens; weapon restrictions
20-2-16 Dogs chasing deer
20-2-17 Hunting fur-bearing animals; possession of fur; disturbing traps of another
20-2-18 Number and types of traps
20-2-19 Marking of traps
20-2-20 Trapping beaver
20-2-21 Reporting beaver and otter pelts taken and tagged
20-2-22 Tagging, removing, transporting and reporting bear, deer, wild boar and wild turkey
20-2-22a Hunting, tagging and reporting bear; procedures applicable to property destruction by bear; penalties
20-2-23 Outfitters and guides — Generally; definitions
20-2-23a Whitewater commission; powers and duties of commission and Division of Natural Resources; allocations; civil and criminal penalties for violations
20-2-23b Whitewater study and improvement fund
20-2-23c Voluntary contributions to whitewater advertising and promotion fund
20-2-23d Bond; revocation of license; licensing carrying requirement; criminal penalties
20-2-23e Implementation of allocation methodology
20-2-24 Outfitters and guides — Qualifications
20-2-25 Same — License applications; national forest requirements
20-2-26 Same — License fee; bond; revocation of license; penalties
20-2-27 Necessity for license
20-2-28 When licenses or permits not required
20-2-29 Conservation of species and request for public records
20-2-30 Application and statement of eligibility for licenses or permits; procuring license or permit in violation of chapter
20-2-30a Certificate of training; falsifying, altering, forging, counterfeiting or uttering training certificate; penalties
20-2-31 Size and form of license and tag; contents; unlawful to alter licenses or permits; penalty
20-2-32 Issuance of licenses; duplicate licenses
20-2-33 Authority of Director to designate agents to issue licenses; bonds; fees
20-2-33a Electronic application to apprise applicant of hunters helping the hungry program; check-off donations; special fund continued; authorized expenditures
20-2-33b Electronic application donation to fund the Coyote Management Program
20-2-34 Disposition of license fees and donations; reports of agents; special funds and uses
20-2-35 Period during which license valid
20-2-36 When license, related documents, and picture identification to be carried; using license of another; transferring license to another
20-2-36a Hunting or fishing when license revoked; penalty
20-2-37 Display of license, etc., by persons in possession of hunting, fishing, etc., paraphernalia
20-2-38 Refusal or revocation of license or permit
20-2-38a Suspension of license or permit for failure to pay fines or penalties imposed by magistrate court
20-2-42 Effective date and indexing of license and stamp fees
20-2-42a Class A resident hunting and trapping license
20-2-42b Class B resident fishing license
20-2-42c Class C courtesy statewide hunting and fishing license
20-2-42d Class E nonresident hunting and trapping license
20-2-42e Class EE nonresident bear hunting license
20-2-42f Class F nonresident fishing license
20-2-42g Class H nonresident small game hunting license
20-2-42h Class J nonresident small game shooting preserve license
20-2-42i Class LL nonresident one-day fishing license
20-2-42j Class X resident hunting, fishing and trapping license
20-2-42k Class XJ resident junior and Class XXJ nonresident junior hunting, fishing and trapping license
20-2-42l Class A-l small arms hunting stamp
20-2-42m Class I nonresident national forest hunting, trapping and fishing stamp
20-2-42n Class N resident and Class NN nonresident antlerless deer hunting stamp
20-2-42o Class O resident and Class OO nonresident trout fishing stamp
20-2-42p Class RG resident and Class RRG nonresident gun deer hunting stamp for an additional deer
20-2-42q Class RB resident and Class RRB nonresident archery deer hunting stamp for an additional deer
20-2-42r Class RM resident and Class RRM nonresident muzzle-loader deer hunting stamp for an additional deer
20-2-42s Class UU nonresident archery deer hunting stamp
20-2-42t Class VV nonresident muzzle-loading deer hunting stamp
20-2-42u Class WW nonresident turkey hunting stamp
20-2-42v Class BG resident big game stamp
20-2-42w Class Y special crossbow hunting permit for certain disabled persons
20-2-42x Class XS resident senior hunting, fishing and trapping license
20-2-42y Class AH, AHJ, AAH, AAHJ apprentice hunting and trapping licenses; penalties
20-2-42z Class L resident five-day fishing license
20-2-44 Free fishing days
20-2-44b Bear damage stamp; proceeds to be paid into bear damage fund; purposes, etc
20-2-46e Class Q special hunting permit for disabled persons
20-2-46f Class DT special hunting and fishing license for persons with a life-threatening condition
20-2-47 License for private game farm for propagating animals and birds for commercial purposes
20-2-48 License for private plant or pond for propagating fish, frogs, turtles and other forms of aquatic life for commercial purposes
20-2-49 Licenses for dealers in furs, pelts, etc
20-2-50 Permit to hunt, kill, etc., wildlife for scientific or propagation purposes
20-2-50a Wildlife damage control agents; licensing
20-2-51 Permit for keeping pets
20-2-52 Permits for roadside menageries
20-2-53 License for privately owned commercial fishing preserve
20-2-54 License for privately-owned commercial shooting preserves
20-2-55 License to catch and sell minnows or other bait fish
20-2-56 Permit to hold a field trial, shoot-to-retrieve field trial, water race or wild hunt; license exemption
20-2-56a Bird dog training permit
20-2-57 Negligent shooting, wounding or killing of livestock while hunting; criminal violations; penalty
20-2-57a Negligent shooting, wounding or killing of another person while hunting; duty to render aid; criminal violations; suspension of hunting and fishing license; criminal penalties; administrative penalties
20-2-57b Prohibition against hunting while intoxicated; offense of hunting while intoxicated, creating offense of shooting another person when hunting while intoxicated; creating misdemeanor and, felony offenses for the same; defining suspension of hunting and fis
20-2-58 Shooting across road or near building or crowd; penalty
20-2-59 License to take fish and mussels for commercial purposes in certain waters
20-2-60 Required attire for deer hunters; exemption; penalty
20-2-62 Persons exempt from obtaining hunting and fishing licenses; qualification
20-2-64 Regulating release of fish, water animal and other aquatic organisms; stocking permit
20-2-5i Waste of game animals, game birds, or game fish; penalties
20-2-5j Leashed dogs for tracking mortally wounded deer, elk, turkey, wild boar, or bear
20-2-5k Use of air rifles to hunt
20-2-33c Electronic application donation to West Virginia University Rifle Team; special fund created; authorized disbursements
20-2-5l Use of certain rifles to hunt in muzzleloader season
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In West Virginia Code > Chapter 20 > Article 2 - Wildlife Resources

  • Agency: means any branch, department or unit of the state government, however designated or constituted. See West Virginia Code 20-1-2
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Big game: means elk, deer, black bears, wild boars and wild turkeys. See West Virginia Code 20-1-2
  • Citizen: means any native-born citizen of the United States and foreign-born persons who have procured their final naturalization papers. See West Virginia Code 20-1-2
  • Closed season: means the time or period during which it shall be unlawful to take any wildlife as specified and limited by this chapter. See West Virginia Code 20-1-2
  • Commission: means the Natural Resources Commission. See West Virginia Code 20-1-2
  • Commissioner: means a member of the advisory commission of the Natural Resources Commission. See West Virginia Code 20-1-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
  • creel limit: means the maximum number of wildlife which may be taken, caught, killed or possessed by any person. See West Virginia Code 20-1-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Director: means the Director of the Division of Natural Resources. See West Virginia Code 20-1-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fur-bearing animals: includes : (a) The mink. See West Virginia Code 20-1-2
  • Game: means game animals, game birds and game fish as herein defined. See West Virginia Code 20-1-2
  • Game animals: includes : (a) The elk. See West Virginia Code 20-1-2
  • Game birds: includes : (a) The anatidae, commonly known as swan, geese, brants and river and sea ducks. See West Virginia Code 20-1-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hunt: means to pursue, chase, catch or take any wild birds or wild animals. See West Virginia Code 20-1-2
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lands: means land, waters and all other appurtenances connected therewith. See West Virginia Code 20-1-2
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Nonresident: means any person who is a citizen of the United States and who has not been a domiciled resident of the State of West Virginia for a period of thirty consecutive days immediately prior to the date of his or her application for a license or permit except any full-time student of any college or university of this state, even though he or she is paying a nonresident tuition. See West Virginia Code 20-1-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Open season: means the time during which the various species of wildlife may be legally caught, taken, killed or chased in a specified manner and shall include both the first and the last day of the season or period designated by the director. See West Virginia Code 20-1-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: except as otherwise defined elsewhere in this chapter, means the plural "persons" and shall include individuals, partnerships, corporations or other legal entities. See West Virginia Code 20-1-2
  • Personal property: All property that is not real property.
  • personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
  • Preserve: means all duly licensed private game farmlands, or private plants, ponds or areas, where hunting or fishing is permitted under special licenses or seasons other than the regular public hunting or fishing seasons. See West Virginia Code 20-1-2
  • Protected birds: means all wild birds not included within the definitions of "game birds" and "unprotected birds". See West Virginia Code 20-1-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resident: means any person who is a citizen of the United States and who has been a domiciled resident of the State of West Virginia for a period of thirty consecutive days or more immediately prior to the date of his or her application for license or permit. See West Virginia Code 20-1-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Roadside menagerie: means any place of business, other than a commercial game farm, commercial fish preserve, place or pond, where any wild bird, game bird, unprotected bird, game animal or fur-bearing animal is kept in confinement for the attraction and amusement of the people for commercial purposes. See West Virginia Code 20-1-2
  • Small game: includes all game animals, fur-bearing animals and game birds except elk, deer, black bears, wild boars and wild turkeys. See West Virginia Code 20-1-2
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Take: means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so. See West Virginia Code 20-1-2
  • to fish: means the taking, by any means, of fish, minnows, frogs or other amphibians, aquatic turtles and other forms of aquatic life used as fish bait. See West Virginia Code 20-1-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Wild animals: means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats, and includes coyotes and porcupines and all species of cervids. See West Virginia Code 20-1-2
  • Wild birds: shall include all birds other than: (a) Domestic poultry &mdash. See West Virginia Code 20-1-2
  • Wildlife: means wild birds, wild animals, game and fur-bearing animals, fish (including minnows), reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive. See West Virginia Code 20-1-2