Bill Text: WV HB4514 | 2020 | Regular Session | Introduced
Bill Title: Permitting the use of leashed dogs to track mortally wounded deer or bear
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2020-04-15 - Chapter 236, Acts, Regular Session, 2020 [HB4514 Detail]
Download: West_Virginia-2020-HB4514-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
House Bill 4514
By Delegates Atkinson, Anderson, Cadle, Westfall and Tomblin
(By Request of the Division of Natural Resources,
Department of Commerce)
[Introduced January 23, 2020; Referred to the Committee on Agriculture and Natural Resources]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §20-2-5j; and to amend and reenact §20-2-16 of said code, all relating to hunting; permitting the use of leashed dogs to track mortally wounded deer or bear; and setting forth how dogs caught chasing deer are to be handled.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5j. Leashed dogs for tracking mortally wounded deer or bear.
(a) Notwithstanding any provision of this chapter to the contrary, a person who is legally hunting and reasonably believes he or she has mortally wounded a deer or bear may use leashed dogs to track and locate the mortally wounded deer or bear. The hunter is also permitted to use a dog handler of leashed dogs to track and locate the mortally wounded deer or bear. The hunter or the dog handler shall maintain physical control of the leashed dogs at all times.
(b) The act of tracking a mortally wounded deer or bear with a dog is hunting and the hunter and handler are subject to all applicable laws and rules, including the requirement to have written permission to hunt on private property and to hunt during legal hunting hours. It is unlawful for a hunter or dog handler to track deer or bear with leashed dogs under the provisions of this section unless he or she is in possession of a valid hunting license issued pursuant to §20-2-1 et seq. of this code or is a person excepted from licensing requirements pursuant to §20-2-27 and §20-2-28 of this code, and all other lawful authorizations as prescribed in §20-2-37 of this code. The hunter shall accompany the dog handler and only the hunter may kill a mortally wounded deer or bear. The deer or bear shall count toward the bag limit of the hunter.
(c) Any dog handler providing tracking services for profit must be licensed as an outfitter or guide pursuant to §20-2-23 of this code.
§20-2-16. Dogs chasing deer.
No person may permit or use his or her dog to hunt or chase deer. A Except as provided in §20-2-5j of this code, a natural
resources police officer shall take into possession any dog known to have
hunted or chased deer. and the
director shall advertise that the dog is in his or her possession, giving a
description of the dog and stating the circumstances under which it was taken.
The notice shall be published as a Class I legal advertisement in compliance
with the provisions of article three, chapter fifty-nine of this code, and the
publication area for the publication is the county. He or she shall hold the
dog for a period of ten days after the date of the publication. If, within ten
days, the owner does not claim the dog, the director shall destroy it. In this
event the cost of keeping and advertising shall be paid by the director. If,
within ten days, the owner claims the dog, he or she may repossess it on the
payment of costs of advertising and the cost of keep, not exceeding 50¢ per
day. A natural resources police
officer, or any officer or employee of the director authorized to enforce the
provisions of this section, after a bona fide but unsuccessful effort to
capture dogs detected chasing or pursuing deer, may kill the dogs If
the owner of the dog can be determined, the dog shall be returned to the owner.
If the owner of the dog cannot be determined, the natural resources police
officer shall deliver the dog to the appropriate county humane officer or
facility consistent with the provision of this code.
NOTE: The purpose of this bill is to permit the use of leashed dogs to track mortally wounded deer or bear. The bill sets forth how dogs caught chasing deer are to be handled.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
