West Virginia Canned Hunting Statutes and Regulations |
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No Ban: Mammals permitted.
Statute
Under West Virginia law, only persons "legally licensed to operate private game preserves for the purpose of propagating game for commercial purposes ... shall purchase or offer to purchase, sell or offer to sell, expose for sale, or have in his or her possession for the purpose of sale any wildlife ... which has been designated as game animals, fur-bearing animals... or any other species of wildlife which the director may designate." W.V.C.A. §20-2-11.
The director may issue a license for privately owned commercial shooting preserves to any person if the facility is more than 300 acres but less than 3000 contiguous acres and the exterior boundaries of each preserve shall be clearly defined and posted. Id. at §20-2-54 and §20-2-47.
The director "shall designate the game which may be hunted under this section on which a more liberal season may be allowed." Id. at §20-2-54(2).
The license issued by the director entitles the licensee and his or her guests or customers "to recover not more than eighty percent of the total number of each species of game bird released on the premises each year, except mallard, black duck, ringnecked pheasant, chukar partridge and other nonnative game species upon which a one hundred percent recovery may be allowed." Id. at §20-2-54(3).
Any wild game found on a commercial shooting preserve "may be harvested in accordance with applicable game and hunting laws..." Id. at §20-2-54(8).
Regulation
West Virginia regulations specify that "unless operated solely for the releasing of wild birds, the shooting preserve must be enclosed by fencing to prevent the ingress of native wildlife or egress of stocked wildlife species." C.S.R. 58-64-7.9.1c.
"Native wildlife" is defined as "game animals and game birds found in a wild and natural state within the boundaries of the shooting preserve." Id. at §58-64-7.9.2.a.
"Stocked wildlife" means "those animals and birds that were either obtained from a licensed commercial dealer and released at the shooting preserve, imported into this State under a valid wildlife importation permit and released at the shooting preserve, or raised at the shooting preserve under a valid game farm license and released." Id. at §58-64-7.9.2.b.
Stocked wildlife "may include any of the following: game birds, non-native game birds (such as chukar partridges), rabbits, or the hoofed stock of the families Cervidae (deer and elk), Suidae (boar), and Bovidae (buffalo)." Id. at §58-64-7.9.2.c.
A commercial shooting preserve licensee is authorized to breed or raise wild animals or wild birds to be used as stock at shooting preserves or to import wildlife into the State for that purpose. Id. at §58-64-7.9.2.e and f.
The licensee is authorized to establish a liberal hunting season for any species of stocked wildlife, Id. at §58-64-7.9.4.b., and to establish shooting limitations and restrictions on the age, sex, and number of stocked wildlife that each person may take. Id. at §58-64-7.9.4.d.
The licensee must also maintain accurate and current records of all wildlife imported and released at the shooting preserve along with a registration book listing the name, address, and hunting license of each customer and the number and species of game taken. Id. at §58-64-7.9.7.a., 7.9.7.a.ii., 7.9.7.b., and 7.9.7.c.
A shooting preserve report must be submitted to the Chief within ten days of the close of each fiscal year. Id. at §58-64-7.9.8.a.
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