Sources: West Virginia Code Annotated, 1989 Replacement Volume, Chapter 20; 1992 Cumulative Supplement.
STATE WILDLIFE POLICY
This chapter is enacted to provide a comprehensive program for the exploration, conservation, development, protection, enjoyment and use of the natural resources of West Virginia and may be cited as the State Natural Resources Law (20-1-1).
The Legislature finds that acquisition of land to construct new or expand existing state recreational facilities is becoming more costly, as is the construction of recreational facilities. After facilities are constructed, they must be maintained indefinitely and, often, personnel must be employed to operate them, with a continuing burden on state revenues. Furthermore, these costs are continually increasing. The Legislature declares that there is an ultimate limit to how many recreational facilities this state, with its size, population and financial resources can or should support. Further, the Legislature declares that it must establish, provide for, and maintain limits on state recreational facilities. After July 1, 1977, neither the Director, nor any other Department officer, employee, or agent may, without express authorization of the Legislature: acquire land for a new state park, forest, public fishing and hunting area or other recreational facility; or construct a new facility or building in a state park, forest, public hunting and fishing area. Prior appropriations and approved projects may be completed (20-1-20).
It is declared to be the public policy of West Virginia that state wildlife resources shall be protected for the use and enjoyment of all the citizens of this state. All species of wildlife shall be maintained for values which may be either intrinsic or ecological or of benefit to man. Such benefits shall include: hunting, fishing and other diversified recreational uses; economic contributions in the best interests of the people of this state; and scientific and educational uses (20-2-1). The ownership of and title to all wild animals, wild birds, both migratory and resident, and all fish, amphibians, and aquatic life in West Virginia is declared to be in the state, as trustee for the people. No wildlife shall be taken or hunted in any manner, or at any time, unless the person so taking or hunting consents that the title thereto shall be and remain in the state for the purpose of regulating the taking, hunting, using and disposing of the same. Taking or hunting of wildlife at any time or in any manner shall be deemed such consent, except, that fish, frogs and other aquatic life in privately owned ponds are, and shall remain, the private property of the pond owner(s) and may be caught, taken or killed by such owner(s) (20-2-3).
PROTECTED SPECIES OF WILDLIFE
See RELEVANT WILDLIFE DEFINITIONS and HUNTING, FISHING, TRAPPING PROVISIONS.
HABITAT PROTECTION
The Division of Forestry, within the Department, has under its supervision the state forests, other forests and woodland areas, the protection of forests from fire, disease and insects, and the administration and enforcement of all laws relating to the conservation, development and protection, use and enjoyment of all state forest lands (20-3-1). The Director, with the Governor's consent, may purchase lands suitable for forest culture, state forests or wildlife refuges, public hunting areas, public fishing areas, public access sites, and dams for fish refuges. The Director may also receive gifts of lands by deed or bequest. The Director shall protect, preserve and maintain lands so acquired as forest culture areas, state forests, wildlife areas, public hunting or fishing areas and other such lands for the propagation and distribution of forest trees and for the protection, management, propagation and distribution of the fish, wild animals and birds thereon. The Director may prescribe and enforce rules prohibiting all hunting and fishing, pursuing, catching, trapping or killing of fish, wild animals and birds upon such areas for any length of time deemed proper, and may provide special regulations and open seasons for taking animals, birds or fish upon such lands (20-3-2).
The Director shall establish and maintain wildlife areas on lands purchased, leased or given for this purpose, upon which the Director shall regulate public hunting, chasing for sport, shooting, and limit the number of wildlife which may be taken from areas open to public shooting in any year. It is unlawful to hunt, pursue or molest any animals, birds or fowls on any section of a wildlife area designated as a wildlife refuge, except for the killing of predatory animals or birds by persons designated by the Director. Such wildlife refuge areas shall be posted as closed to hunting, or, if a public shooting ground, posted as to when hunting is legal on such land. The Director may lease lands for wildlife refuge purposes for not less than 10-year periods. The Director may, with the owner's consent, set aside any tract of land in the state as a wildlife area. Such lands shall be managed in the same manner and for the same purpose as wildlife areas owned by the state. At the expiration of the agreement, the lands shall be reorganized as wildlife areas or be discontinued (20-3-3). See also Agency Powers and Duties and Agency Funding Sources under STATE WILDLIFE AGENCIES.
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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