The state's population density is 75 people per square mile. The overall risk to ecosystems is moderate. Population density has decreased 8 percent since 1982. The amount of developed land increased 20 percent between 1982 and 1992. Ninety percent of red spruce forest and 88 percent of spruce-fir forest have been lost. The state has 21 federally listed threatened and endangered species.
Biological Diversity Policy
West Virginia does not have a formal biodiversity policy, although it has some related statutory policies. The Natural Streams Preservation Act declares that it is state policy to preserve freeflowing streams that have fish, wildlife or botanical values. (W.Va. Code 22-13-2) It is also state policy to protect all species of wildlife "for values which may be either intrinsic or ecological or of benefit to man." (W.Va. Code 20-2-1) In addition, the state seeks to conserve its soil resources and thereby preserve wildlife. (W.Va. Code 19-2lA-2(d))
Status of Biodiversity Science
West Virginia does not have a coordinated assessment system in place. Instead, the state relies on its Natural Heritage database and GAP. The Natural Heritage database covers 600 species, with an emphasis on rare, threatened, and endangered species. GAP started in 1993. A digital elevation model has been completed, and hydrology and geology layers are also complete. No other assessment systems were identified.
Endangered Species
West Virginia does not have an endangered species law. Instead, it relies on the federal act. An eagle protection act prohibits the taking of bald and golden eagles and provides for penalties. (W. Va. Code 20-2-5c)
State Agency Management for Biodiversity
State-owned Lands
Only one requirement was identified for state agencies to manage lands in a biologically sustainable manner. Under this requirement, the Department of Natural Resources must by statute manage lands for the protection, management, propagation and distribution of wildlife. (W.Va. Code 20-3-2)
Cooperative Efforts
Examples of cooperative efforts include a number of interstate compacts for the conservation of natural resources in particular areas. In addition, the Department of Parks and Recrcation manages public lands under a Rails to Trails program which is cooperatively run.
State Agency Training
West Virginia does not have identified comprehensive programs of agency personnel training for biodiversity.
Impact Assessment
West Virginia does not have a "little NEPA." However, projects funded by the Water Pollution Control Revolving Fund Act must prevent or mitigate adverse environmental impacts. (W.Va. Code 22C-2-7(b)) In addition, an application for a commercial hazardous waste management facility site must include a written analysis of specific predictable environmental and wildlife effects as well as an evaluation of mitigation efforts. (W.Va. Code 22C-5-4(e)(1))
Habitat Acquisition
Few habitat acquisition programs exist in the state. The sale of conservation stamps is used to fund some acquisitions. In addition, the Department of Natural Resources is authorized to acquire land to establish wildlife research areas. (W.Va. Code 20-1-7(11)(d)) Most acquisitions are made to provide hunting and fishing opportunities, but also serve to benefit nongame wildlife. No specific levels of funding were provided.
Private Land Conservation
West Virginia has some private land conservation programs. For example, conservation easements are authorized by statute. (W.Va. Code 20-12-2 et seq.) A Forest Stewardship Program helps landowners develop management plans according to their objectives. A Rails to Trails Program seeks to manage abandoned railroad corridors to provide wildlife habitat. (W.Va. Code 5B-IA-I)
Exotic Species
West Virginia has several provisions designed to control exotic species. For plants, the Plant Pest Act, a noxious weed act and seed laws control exotic species. (W.Va. Code 19-12-2 et seq.) Eradication, suppression, permitting procedures and a quarantine mechanism are provided. Special attention has been devoted to the eradication of the multiflora rose, an exotic species. (W.Va. Code 19-12D-5(b), 19-12D-8(d), 19-l2D- 12) Neither wildlife nor certain fish species may be imported into the state withoue a valid health certificate and state permit. Some specific species are also regulated, such as coyotes, which may not be imported at all. (W.Va. Code 20-213) By statute, game farm, pen-raised, or domestic turkeys may not be released into the wild.
Predator or Animal Damage Control Activities
West Virginia has an animal damage control program that operates in conjunction with the federal government. Although day-to-day operations are managed by the federal agency, the state's role is to control deer and bear. In addition, landowners can kill animals causing crop damage. Bears causing damage may be hunted and destroyed or captured if prior approval is sought from the Division of Natural Resources.
Additional Legal Protections for Biodiversity
No constitutional or common law protcctions were identified by the research.
Related Issues
In West Virginia, the Cooperative Extensio Service addresses biodiversity through publications and programs. In addition, the state participates in Projcct WILD, and is expected to publish a wildlife viewing guide in 1996.
West Virginia has a takings law. The Private Real Property Protection Act requires the Department of Environmental Protection to prepare an assessment when its activities are likely to "deprive an owner of all productive use of his or her property." (W. Va. Code 22-lA-3)
Contacts:
Division of Natural Resources
1900 Kanawha Blvd., East
Charleston, WV 25305
304-558-2754
State Extension Services
West Virginia University
817 Knapp Hall
Morgantown, WV 26506
304-293-5691
West Virginia Department of Agriculture
State Capitol, Rm. M-28
Charleston, WV 25305
304-558-3550
West Virginia ADC State Director
P.O. Box 67
Operations Center
WV Dept. Natural Resources
Elkins, WV 26241
304-636-1785
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu