§ 20-2-11 — Sale of wildlife; transportation of same

West Virginia § 20-2-11

• Jurisdiction: West Virginia
• Ch. 20: NATURAL RESOURCES
• Art. 2: WILDLIFE RESOURCES

Text

(a) A person, except those legally licensed to operate private game preserves for the purpose of propagating game for commercial purposes and those legally licensed to propagate or sell fish, amphibians and other forms of aquatic life, may not purchase or offer to purchase, sell or offer to sell, trade or offer to trade, barter or offer to barter, expose for sale, trade or barter or have in his or her possession for the purpose of sale, trade or barter any wildlife, or part thereof, which has been designated as game animals, fur-bearing animals, game birds, game fish or amphibians, or any of the song or insectivorous birds of the state, or any other species of wildlife which the director may designate, except for captive cervids regulated pursuant to the provisions of §19-2H-1 et seq. of this code. However, pelts of game or fur-bearing animals, fur-bearer parts, including carcasses for the making of lures and baits, carcass parts, including glands, skulls, claws, and bones, and fur-bearer urine taken during the legal season may be sold, traded or bartered and live red and gray foxes and raccoon taken by legal methods during legal and established trapping seasons may be sold, traded or bartered within the state. In addition, the hide, head, antlers and feet of a legally killed deer, lawfully collected and possessed naturally shed deer antlers, the hide, head and skull of a legally killed black bear, and the hide and tails of legally killed squirrels may be sold, traded or bartered.

(b) A person, including a common carrier, may not transport, carry or convey, or receive for such purposes, any wildlife, the sale, trade or bartering of which is prohibited, if such person knows or has reason to believe that such wildlife has been or is to be sold, traded or bartered in violation of this section.

(c) Each separate act of selling or exposing for sale, trading or exposing for trade or bartering or exposing for barter or having in possession for sale, trade, barter, transporting or carrying in violation of this section constitutes a separate misdemeanor offense. Notwithstanding this or any other section of this chapter, any game birds or game bird meats sold by licensed retailers may be served at any hotel, restaurant or other licensed eating place in this state.

(d) The director may propose rules for promulgation in accordance with §29A-3-1 et seq. of this code dealing with the sale of wildlife and the skins thereof.

Legislative History

2019 Reg. Sess., HB2521; 2017 Reg. Sess., SB473; 2015 Reg. Sess., SB237; 2014 Reg. Sess., HB4286; 2012 Reg. Sess., SB421; 2011 Reg. Sess., SB351; 2004 Reg. Sess., HB3106; 1999 Reg. Sess., SB525; 1994 Reg. Sess., SB337; 1985 Reg. Sess., SB606; 1978 Reg. Sess., HB1651; 1961 Reg. Sess., SB23