Title 58 W. Va. C.S.R.

Natural Resources Natural Resources

Series 10 Purchasing Rule

W. Va. Code R. § 58-10-1 General

Scope. -- This rule establishes the procedures for purchase of commodities and services by the Division of Natural Resources (DNR) pursuant to the DNR’s purchasing exemption. These rules do not apply to the construction or replacement of capital improvements, which follow the Purchasing Division procedures and policies.

Authority. -- W. Va. Code §20-1-7(2) and §20-1-7(31).

Filing Date. – November 16, 2022.

Effective Date. -- December 16, 2022.

W. Va. Code R. § 58-10-2 Definitions

2.1. “Agency Delivery Order” means a written order to the vendor against a master agreement authorizing quantities, commodities, and services be delivered in accordance with the terms, conditions, and prices stipulated in the original contract.

2.2. “Best Value Procurement” means a purchasing method used in awarding a contract based on evaluating and comparing all established quality criteria where cost is not the sole determining factor in the award.

2.3. “Bid” or “Bids” mean anything that a vendor submits in response to a solicitation that constitutes an offer to the State and includes, but is not limited to, documents submitted in response to a request for quotation (RFQ), proposals submitted in response to a request for proposal (RFP), or proposals submitted in response to an expression of interest, such as an RFP or an RFQ.

2.4. “Capital Improvements” means activities that are directed toward expanding the capacity of an asset or otherwise upgrading it to serve needs different from, or significantly greater than, its current use.

2.5. “Chief Procurement Officer” means the Chief Procurement Officer of the Division of Natural Resources or anyone the Chief Procurement Officer has designated to perform specific tasks or functions.

2.6. “Direct Award” means a procurement method allowing for the non-competitive purchase of commodities or services when only one vendor is reasonably determined to be able to supply the needed commodity or service under the circumstances or no other vendor is willing or available to replace the existing vendor without a detrimental effect on the Division.

2.7. “Director” means the Director of the Division of Natural Resources.

2.8. “Division” means the West Virginia Division of Natural Resources and all the Division sections and offices within.

2.9. “Non-responsible” means not having the capability to fully perform the contract requirements and lacking the integrity and reliability which will assure good-faith performance.

2.10. “Open End Contract” mean a contract that covers a period of time in which all terms, conditions, and prices are specified for quantity.

2.11. “Requisition” means a written or electronic request sent to Chief Procurement Officer for the purchase of commodities and services.

2.12. “Construction” means a specifically identified scope of work involving the act, trade, or process of building , erecting, constructing, adding, repairing, remodeling, rehabilitating, reconstructing, altering, converting, improving, expanding, or demolishing of a building, structure, facility, road, or highway. Repair and maintenance of existing public improvements that are recurring or ongoing in nature and that are not fully identifiable or know at any one time shall be considered a construction project.

2.13. “Architectural and Engineering Services” means those professional services of an architectural or engineering nature as well as incidental services that members of those professions and those in their employ may logically or justifiably perform.

W. Va. Code R. § 58-10-3 Applicability

This procedural rule applies to the Division of Natural Resources and all sections and offices within.

All purchases over $25,000 must be approved by the Director or his or her authorized designee.

The Director or his or her authorized designee may grant permission to approve purchases up to $25,000 to the purchasing liaison for each respective section and office.

All automated systems prescribed by the Property and Procurement Office as statewide systems are mandatory for Division sections and offices.

§55-10-4. Duties of Chief Procurement Officer.

4.1. Chief Procurement Officer shall, in addition to other responsibilities provided throughout this rule, perform the following duties:

4.1.1. Ensure that purchases and contracts for commodities and services are based on competitive bids whenever, in the opinion of the Chief Procurement Officer, is appropriate and in the best interest of the Division.

4.1.2. Establish and maintain a list of commodities, items for resale, and services, subject to approval by the Director, that are not possible to submit for competitive bid by the Division.

4.1.2.a. The Division may purchase the commodities, items for resale, and services on the list directly from the vendor and are not required to solicit competitive bids for purchase of those items approved by the Chief Procurement Officer.

4.1.2.b. The Chief Procurement Officer may, upon approval by the Director, amend the list of commodities, items for resale, and services that are not possible for competitive bid by the Division as he or she may determine to be appropriate. Requests to add commodities or services to the list must be accompanied by written justification and an explanation of why competitive bids are not possible.

4.1.3. Purchase or contract for the commodities, items for resale, and services required by the Division.

4.1.4. Prescribe the manner in which commodities, items for resale, and services shall be purchased, delivered, stored, and distributed.

4.1.5. Review specifications and descriptions before soliciting bids to ensure specifications and descriptions do not have the purpose of favoring a particular brand or vendor.

4.1.6. Accept or reject any and all bids in whole or in part.

4.1.7. Waive minor irregularities in bids or specifications when the Chief Procurement Officer determines such action to be appropriate.

4.1.8. Apply and enforce standard specifications.

4.1.9. Prescribe, if determined necessary, the amount of deposit or bond to be submitted for security on certain contracts.

4.1.10. Prescribe in each contract provisions for liquidated damages, remedies, or other damage provisions in the event of vendor default.

4.1.11. Prescribe the manner of inspection for all deliveries of commodities and services.

4.1.12. Authorize staff to review, audit, and approve section requests, purchases, and other transactions and performance that fall under the duties of the Chief Procurement Officer. Authorized staff shall have access at any and all times to personnel, records, reports, and other documents, as needed. Authorized staff may also provide relevant training for Division personnel.

4.1.13. Ensure all materials, supplies, and equipment are inspected upon delivery and again prior to final acceptance to ensure compliance with the contract requirements and specifications and document any discrepancies. The Chief Procurement Officer may require a vendor to pick up any merchandise not conforming to specifications and replace the merchandise immediately, or to pay such damages as are determined to be appropriate.

W. Va. Code R. § 58-10-5 Procurement of Management, Consultants, Construction, Engineering, Architecture, Enterprise

5.1. The provisions of this section shall apply to the procurement of management, consultants, construction, engineering, architecture, enterprises, firms, or persons to assist the Division in meeting its purpose pursuant to W.Va. Code §20-1-1 et seq. as determined necessary or advisable by the Director in his or her sole discretion.

5.2. Requirements for purchases of $250,000 or more.

5.2.1. In the procurement of services estimated to cost $250,000 or more, the Director shall encourage such management, consultants, construction, engineering, architecture, enterprises, firms, or persons to submit an expression of interest, which shall include a statement of qualifications, including anticipated concepts and proposed consulting services, advertising, marketing, and advertising campaigns. All potential contracts shall be announced by public notice published as a Class II legal advertisement pursuant to W. Va. Code §59-3-1 et seq.

5.2.2. A committee of three to give employees of the Division, as selected by and including the Chief Financial Officer, shall evaluate the statements of qualifications and other materials submitted by interested firms and select three firms which, in their opinion, are best qualified to perform the desired service.

5.2.3. The committee shall rank, in order of preference, the three firms selected and shall commence scope of service and price negotiations with the first ranked firm.

5.2.4. If the Division is unable to negotiate a satisfactory contract with the first ranked firm, at a fee determined to be fair and reasonable, price negotiations with the firm of second choice shall commence.

5.2.5. Failing accord with the second ranked firm, the committee shall undertake negotiations with the third ranked firm.

5.2.6. If the Division is unable to negotiate a satisfactory contract with any of the selected firms, the office shall select additional firms in order of their competence and qualifications and it shall continue negotiations in accordance with this section until an agreement is reached.

W. Va. Code R. § 58-10-6 General Procurement Methods

6.1. Purchases exceeding $25,000.

6.1.1. Except for purchases made pursuant to Section 12 of this rule, purchases exceeding $25,000 shall be subject to the following requirements:

6.1.1.a. Unless purchased according to the provisions of Section 12 of this rule or otherwise exempted pursuant to this rule, competitive bidding is required.

6.1.1.b. A minimum of three written bids are required. The lowest bid meeting specifications must be awarded the purchase order or contract. All bids must be maintained in the purchasing file.

6.1.1.c. Agency terms and conditions must be signed by the vendor and be maintained in the purchasing file.

6.1.1.d. Certification of Non-Conflict of Interest must be signed by the employee and appropriate Division staff and maintained in the purchasing file.

6.1.1.e. A series of requisitions or procurements may not be intentionally used to circumvent competitive bidding or spending thresholds, also known as stringing, is prohibited.

6.1.1.f. The purchase of any piece of equipment with a value that exceeds $5,000 must be listed as a capital asset.

6.2. Recurring purchases under $25,000.

6.2.1. No purchasing unit may make a series of purchases exceeding $25,000 per fiscal year with one vendor.

6.2.2. A contract for vendor services must be created when recurring purchases are equal or greater than $25,000 per fiscal year.

6.3. Bond Purchasing.

6.3.1. Purchase of commodities or services with bond funds will follow the requirements in this rule.

6.3.2. All contracts, purchases, and change orders which use bond funds will be tracked and processed in the State of West Virginia approved accounting software in accordance with the practices, guidelines, and best practices of state appropriated fund expenditures.

6.4. Construction and Architect-Engineering Services.

6.4.1. The Division will procure Architect-Engineer Services in accordance with W. Va. Code §5G-1-1 et seq.

6.4.2. The Division will procure Government Construction Contracts in accordance with W. Va. Code §5-22-1 and §5-22-1A.

6.5. Requirements to Use Master Contracts.

6.5.1. The Division will utilize existing statewide contracts with the Department of Administration, when at all possible, to expedite the procurement process unless otherwise approved by the Director or their authorized designee.

6.5.2. Division sections will utilize existing agencywide contracts managed by the Division unless otherwise approved by the Director or their authorized designee.

6.6. Open-End Contracts. The Division may secure and use open end contracts to obtain commodities and services to supply the repetitive needs of the Division.

6.7. Best Value Procurement.

6.7.1. The Chief Procurement Officer may utilize best value procurement to enter into a contract when he or she determines in writing that it is advantageous to the Division.

6.7.2. In order to utilize a request for proposal using best value procurement, the Division must document reasonable justification as to why an evaluation based solely on price and compliance with states specifications would not be adequate.

6.7.3. The Chief Procurement Officer shall review each request to utilize a request for proposal using best value procurement and may permit the use thereof if he or she determines that it is in the best interest of the Division.

6.7.4. A request for proposal using best value procurement must contain provisions necessary to conduct a two-part evaluation. The first part must review the proposal against the requirements sought in the request for proposal to determine whether each proposal is responsive and may be considered further. The second part must review the proposals against one another to determine the best value to the Division, given the overall value of the proposals to the Division, including a consideration of financial impacts between proposals made.

6.7.5. The vendor determined to provide the best value to the Division will be awarded the contract.

6.8. Purchases Utilizing Other Public Agencies and Entities.

6.8.1. Notwithstanding the Division’s purchasing exemption pursuant to W. Va. Code §20-1-7 et seq., where the Director determines it is in the best interest of the Division, the Division may utilize the services of the Division of Purchasing in the procurement process.

6.8.2. At the discretion the Director or their authorized designee, the Division may purchase from, join as a party, or otherwise utilize contracts issued by agencies of the federal government, agencies of other states, other public bodies, or other state agencies.

6.8.3. Upon recommendation of the Chief Procurement Officer, the Director may sign an agreement with a vendor that has the effect of adding the Division to a contract issued by agencies of the federal government, agencies of other states, other public bodies, or other state agencies.

6.8.4. Upon recommendation of the Chief Procurement Officer, the Director may lead, participate in, or join after issuance cooperative purchasing arrangements with other public agencies, entities created by public agencies, or non-profit entities, including without limitation, institutions or entities affiliated with institutions of higher education.

6.8.5. Before undertaking any activity authorized by this subsection, the Chief Procurement Officer shall determine the contracts being utilized or created are valid, properly awarded, financially advantageous, and comparable to what can be obtained through competitive bidding. The last requirement will be satisfied if the contract was created or is to be created from a competitive procurement method.

6.9. Negotiation When All Bids Exceed Available Funds.

6.9.1. Prior to receiving bids, a valid maximum budgeted amount for each requisition may be determined, which may not be disclosed to any vendor prior to the bid opening and may not be changed after the bid opening.

6.9.2. If all bids meeting requirements exceed the funds available for the purchase, the Chief Procurement Officer may negotiate a lower price within budget with the lowest bidder meeting specifications.

6.9.2.a. If the negotiation does not lead to the budget amount being met, the Chief Procurement Officer may negotiate a lower price within the budget with the next lowest bidder and continue negotiations with participating bidders after negotiations close with the preceding bidder.

6.9.2.b. In conducting discussions, there may be no disclosure of any information derived from proposals by competing bidders.

6.9.3. If the Chief Procurement Officer solicits bids using a best value procurement, and there is more than one bidder, the Chief Procurement Officer may negotiate a lower price with the highest ranked bidder. If the Chief Procurement Officer does not award the contract to the highest scoring bidder, he or she may close negotiations with that bidder and enter into negotiations with the next highest scoring bidder and may continue to do so in like manner with the remaining responsive and responsible bidders.

6.9.3.a. Nothing contained herein is intended to supersede requirements contained in W. Va. Code §5G-1-1 et seq.

6.9.3.b. The Director or their authorized designee shall determine the method of negotiation.

6.10. Discussion and Final Offers.

6.10.1. The Chief Procurement Officer may conduct discussions to obtain best and final offers from bidders to assure full understanding of solicitation requirements.

6.10.2. All best and final offers shall be treated like a formal bid, except that advertising is not required.

6.10.3. All bidders must provide their best and final offers to the Chief Procurement Officer prior to the date and time specified by the Chief Procurement Officer.

6.11. Contract Management.

6.11.1. For contracts for commodities and services in the amount of $1 million or less, the Chief Procurement Officer may prescribe contract management procedures for all Division contracts, which procedures may include, but are not limited to, the following:

6.11.1.a. Establishing payment benchmarks to assure the Division receives value prior to remitting payment.

6.11.1.b. Conduct regular meetings with vendors to assess contract performance, as necessary.

6.11.1.c. Training Division personnel to manage contracts.

6.12. Substitutions.

6.12.1. Substitutions of items called for in a contract is not permitted without prior approval of the Chief Procurement Officer.

6.12.2. The Chief Procurement Officer will not approve substitution of items unless the substituted items are of equal quality and are offered at the same or lower price.

W. Va. Code R. § 58-10-7 Registration, Advertising, Bidding, and Award

7.1. Registration of Vendors.

7.1.1. All vendors must register through the Vendor Self-Service portal, and pay any applicable fees for such registration, in order to receive payment under a contract with the Division. Vendors shall be required to disclose the information contained in W. Va. Code §5A-3-12, such as ownership, all names under which a vendor is doing business, their physical address, and its corporate offices.

7.1.2. The vendor must be licensed and in good standing in accordance with any and all state and local laws and requirements by any state or local agency of West Virginia, including, but not limited to, the West Virginia Secretary of State’s Office, the West Virginia State Tax Department, West Virginia Office of the Insurance Commissioner, the West Virginia State Auditor, the West Virginia State Treasurer, or other state agencies or political subdivisions prior to being awarded a contract. The vendor must provide all necessary releases to obtain information necessary to verify that the vendor is licensed and in good standing with the above entities.

7.1.3. Failure to Register.

7.1.3.a. The Chief Procurement Officer is prohibited from awarding any contract to any vendor not properly registered with the Purchasing Division. If a vendor is eligible to be awarded or has been awarded a contract and it is determined that the vendor has failed to comply with the requirements of Section 6 of this rule, the vendor will be given a period of time that the Chief Procurement Officer deems sufficient to cure the failure. If after that period, vendor has not cured the failure, the Chief Procurement Officer may cancel the contract.

7.2. Advertising.

7.2.1. Solicitations that exceed $25,000.00 must be advertised using an available form of media such as wvOasis, newspapers, or any other media the Chief Procurement Officer considers reasonable.

7.2.2. The type and duration of advertising completed is at the Chief Procurement Officer’s discretion.

7.2.3. This subsection shall not apply to solicitations governed by law that mandates certain advertising requirements for the procurement of certain commodities or services be met.

7.3. Bidding.

7.3.1. The Chief Procurement Officer must receive bids from vendors prior to the date and time of the bid closing listed on the solicitation.

7.3.2. The Chief Procurement Officer must reject bids received after the designated time and date. Each vendor is solely responsible for delivering its bid to the Procurement Office.

7.3.3. An authorized representative of the vendor must sign all bids submitted to the Procurement Office. A corporate or other business entity signature without an individual name is not an acceptable signature.

7.3.4. The Chief Procurement Officer allows only bids submitted by electronic transmission as defined in W. Va. Code §5A-1-1(6), including, without limitation, electronic mail. Bids by electronic transmission must be received by the Chief Procurement Officer prior to the bid closing date and time. A bid will not be considered received until after transmission is completed.

7.3.5. A vendor choosing to submit a bid or a written change to a bid by electronic transmission accepts full responsibility for transmission and receipt of the bid or written change to a bid. The Division accepts no responsibility for the unsuccessful and/or incomplete transmission of bids or changes to bids by electronic transmission. Bids submitted via electronic transmission may not be sealed until received by the Procurement Office. The Procurement Office makes no guarantee of confidentiality when vendors utilize electronic transmission.

7.3.6. Copies of bids that are not otherwise exempt pursuant to W. Va. Code §59-3-1 et seq., or under other provisions of the law may be open for public inspection at any time after the completion of the public bid opening. No original bid may be removed from the presence of a Chief Procurement Officer representative. The Chief Procurement Officer may prescribe policies to assure public access. The non-exempt portions of files are open for public inspection after the award has been made.

7.3.7. A bidder may make a change to a sealed bid before the bid closing. A bidder must submit changes in writing, which may include electronic transmission, to the Procurement Office. To be effective, any change must be received by the Chief Procurement Officer prior to the date and time of the bid closing.

7.3.8. The Chief Procurement Officer may reject a bid a vendor declares erroneous after the bid opening, but otherwise appears to be responsive, if all of the following conditions exist:

7.3.8.a. An error was made.

7.3.8.b. The error materially affected the bid.

7.3.8.c. Rejection of the bid would not cause a hardship on the Division other than losing an opportunity to receive commodities and services at a reduced cost.

7.3.8.d. Enforcement of the part of the bid in error would be unconscionable.

7.3.8.e. In order for the Chief Procurement Officer to reject a bid under this subsection, the Chief Procurement Officer must document all of the conditions set forth in this subsection exist.

7.3.9. The Chief Procurement Officer must reject a bid that is found to be non-responsive due to failure to conform to the solicitation in all material respects.

7.3.10. If there is a conflict between the extension price and the unit price in the bid, the unit price prevails.

7.3.11. Vendor must disclose any instance where the vendor’s bid fails to comply with the requirements of the solicitation, which includes but is not limited to, failure to comply with a mandatory requirement or goods or services not meeting the required specifications. If changes are not stated, the Chief Procurement Officer may assume that items offered meet specifications.

7.3.12. Vendors are responsible for the accuracy of the information in the bid.

7.3.13. Vendors may contact the Chief Procurement Officer to obtain guidance related to the form and content required for official bids.

7.3.14. All sales to the State of West Virginia are exempt from Consumer Sales Tax or Excise Tax by blanket state exemption and blanket federal exemption.

7.3.15. The Chief Procurement Officer may work with a vendor to resolve any technical erros in a bid if it is determined to be in the best interest of the Division.

7.3.16. The Chief Procurement Officer may, upon approval of the Director or his or her designee, reject any bid when it is determined to be in the best interest of the Division.

7.4. Awards.

7.4.1. The Chief Procurement Officer may elect to award a contract to more than one vendor when the Chief Procurement Officer determines in writing such action would be in the best interest of the Division. In situations where a multiple award is necessary, the Chief Procurement Officer must document the reasons therefore.

7.4.2. The Chief Procurement Officer may accept or reject, in whole or in part, any bid when the Chief Procurement Officer feels it to be in the best interest of the Division. If any bid is rejected, the Chief Procurement Officer shall place a written explanation in the purchase order file.

7.4.3. Tie Breakers

7.4.3.a. When tie bids are received, the Chief Procurement Officer shall break the tie by a impartial method including but not limited to the flip of a coin, draw of the cards, or any other considered prudent by the Chief Procurement Officer.

7.4.4. If all bids received are higher in cost than a publicly advertised price the Chief Procurement Officer is aware of before bids are made public, which final price of such publicly advertised price is inclusive of all costs or expenses contemplated in the solicitation documents, the Chief Procurement Officer may reject all bids and select the lower cost, publicly advertised price from an entity that may not have submitted a formal bid.

7.5. Requirements for bonds and deposits.

7.5.1. The Chief Procurement Officer shall determine the applicability and amount of bonds or deposit required of a vendor at any time, if it is judged the security is necessary to safeguard the Division from undue risk.

7.5.2. The Chief Procurement Officer may require the vendor to submit a performance bond, litigation bond or other security acceptable to the Chief Procurement Officer, payable to the State of West Virginia. Neither personal checks nor company checks are acceptable.

7.5.3. Vendors can request that bonds or other security be returned after the purpose for which the bond was provided has been fulfilled. Upon confirmation from the sections, offices, or other relevant party that the bond or security in question has fully served its purpose, the Chief Procurement Officer may return the bond or security.

7.6. Specification.

7.6.1. Specifications must be written to encourage competition to the greatest extent possible. No person may write specifications, or attempt to influence the drafter of specifications, to intentionally limit competition or favor or disfavor a particular brand or vendor. Specifications may not use brand or vendor names to intentionally restrict competition. If, however, brand names are used to adequately describe a needed commodity or service, the brand or vendor name must be followed by the phrase “or equal’ to promote and encourage competition.

7.6.2. Nothing contained in this subsection will be construed to prevent the Division from drafting specifications with restrictions and mandatory requirements that are, in the opinion of the purchaser, necessary to perform the objectives for which the commodity or service is purchased.

7.6.3. The Chief Procurement Officer may develop standard specifications that will form the basis of Agency contracts used by sections and offices. Standard specifications shall include information relating to the cost of maintenance and expected life of the commodities and services when the Chief Procurement Officer determines there are applicable nationally accepted standards.

7.6.4. The Property and Procurement Office has final approval over specifications.

7.7. Bid Evaluation.

7.7.1. Evaluators of bids must certify that no financial, personal, or other conflict of interest exists relating to any vendor or vendor representative that has submitted a bid. The Chief Procurement Officer may develop a form that evaluators can sign for certification purposes of this subsection.

7.7.2. From the time a requisition is submitted to the Chief Procurement Officer for public advertisement until an award is made, evaluators and office personnel are not permitted to communicate with vendors about the solicitation or any component thereof without prior approval from Chief Procurement Officer.

7.7.2.a. All communications and inquiries from bidders regarding the solicitation must be directed to the Chief Procurement Officer until an award has been made.

7.7.2.b. Nothing in this subsection, however, shall prevent the evaluators and office personnel from communicating with a vendor about existing contracts or other matters unrelated to the solicitation in question.

7.8. Multiple Awards.

7.8.1. The Chief Procurement Officer may elect to award a contract to more than one vendor when the Chief Procurement Officer determines in writing such action would be in the best interest of the Division. In arriving at that determination, the Chief Procurement Officer will consider the following factors, insofar as they are applicable:

7.8.1.a. The quality, availability, and reliability of the supplies, materials, equipment, or service and their adaptability to the particular use required.

7.8.1.b. The ability, capacity, and skill of the bidder.

7.8.1.c. The sufficiency of the bidder’s financial resources.

7.8.1.d. The bidder’s ability to provide maintenance, repair parts, and service.

7.8.1.e. The compatibility with existing equipment.

7.8.1.f. The need for flexibility in evaluating new products on a large scale before becoming contractually committed for all use; and

7.8.1.g. Any other relevant factors.

7.8.2. In situations where a multiple award is necessary, the Chief Procurement Officer shall place a written explanation into the public file. If a multiple award is requested by a section or office, that section or office must provide written justification to the Chief Procurement Officer. The Chief Procurement Officer’s decision shall be final in all cases.

Negotiation When All Bids Exceed Available Funds.

7.9.1. Sections and offices must submit a valid maximum budgeted amount for each requisition to the Property and Procurement Office. The maximum budgeted amount may not be disclosed to any vendor prior to the bid opening and may not be changed after the bid opening.

7.9.2. If all bids meeting requirements exceed the funds available for the purchase, the Property and Procurement Office may negotiate a lower price within budget with the lowest bidder meeting specifications.

7.9.2.a. If the negotiation does not lead to the budget amount being met, the Chief Procurement Officer may negotiate a lower price within budget with the next lowest bidder and continue negotiations with participating bidders after negotiations close with the preceding bidder.

7.9.2.b. In conducting discussions, there may be no disclosure of any information derived from proposals by competing bidders.

7.9.3. If the Property and Procurement Office solicits bids using a best value procurement, and there is more than one bidder, the Chief Procurement Officer may negotiate a lower price with the highest ranked bidder. If the Chief Procurement Officer does not award the contract to the highest scoring bidder, he or she may close negotiations with that bidder and enter into negotiations with the next highest scoring bidder and may continue to do so in like manner with the remaining responsive and responsible bidders.

7.9.3.a. The Chief Procurement Officer may not extend an offer to any bidder that is not first extended to the prior bidders in order of rank.

7.9.3.b. Nothing contained herein is intended to supersede requirements contained in W. Va. Code §5G-1-1 et seq.

7.9.4. If a section or office fails to provide a valid maximum budgeted amount, the Chief Procurement Officer shall not permit negotiation.

7.9.5. The Chief Procurement Officer shall determine the method of negotiation.

7.10. Discussion and Final Offers.

7.10.1. The Chief Procurement Officer may conduct discussions to obtain best and final offers from bidders to assure full understanding of solicitation requirements.

7.10.1.a. If the Chief Procurement Officer determines that a best and final offer is necessary from one vendor, all vendors shall be afforded the opportunity to provide best and final offers.

7.10.2. All best and final offers shall be treated like a formal bid, except that advertising is not required.

7.10.2.a. All bidders must provide their best and final offers to the Property and Procurement Office prior to the date and time specified by the Chief Procurement Officer.

7.10.3. Government construction contracts and supplies and materials to be used in construction are exempt from the provisions of this section.

7.11. Contract Management.

7.11.1. For contracts for commodities and services in the amount of $1 million or less, the Chief Procurement Officer may prescribe contract management procedures for all Division contracts, except government construction contracts. These procedures may include, but are not limited to:

7.11.1.a. Establishing payment benchmarks to assure the Division receives value prior to remitting payment.

7.11.1.b. Conducting regular meetings between sections and offices and vendors to assess contract performance.

7.11.1.c. Training Division section and office personnel to manage contracts.

7.11.1.d. Using the Office of Technology Project Manager for its projects.

7.11.2. For contracts for commodities and services in an amount exceeding $1 million, the following contract management procedures apply.

7.11.2.a. Post Award Conferences.

7.11.2.a.1. The section or office responsible for administering the contract must hold a post award conference with the vendor to ensure a clear and mutual understanding of all contract terms and conditions, and the respective responsibilities of all parties. The agenda for the conference must include, at minimum, the introduction of all participants and identification of Division and vendor key personnel, and discussion of the following items:

7.11.2.a.1.A. The scope of the contract, including specifications of what the section or office is buying.

7.11.2.a.1.B. The contract terms and conditions, particularly any special contract provisions.

7.11.2.a.1.C. The technical and reporting requirements of the contract.

7.11.2.a.1.D. The contract administration procedures, including contract monitoring and progress measurement.

7.11.2.a.1.E. The rights and obligations of both parties and the vendor performance evaluation procedures.

7.11.2.a.1.F. An explanation that the vendor will be evaluated on its performance both during and at the conclusion of the contract and that such information may be considered in the selection of future contracts.

7.11.2.a.1.G. Potential contract problem areas and possible solutions.

7.11.2.a.1.H. Invoicing requirements and payment procedures, with particular attention to whether payment will be made according to milestones achieved by the vendor.

7.11.2.a.1.I. An explanation of the limits of authority of the personnel of both the section or office and the vendor.

7.11.2.b. The section or office should develop a comprehensive and objective monitoring checklist which:

7.11.2.b.1. Measures outcomes.

7.11.2.b.2. Monitors compliance with contract requirements.

7.11.2.b.3. Assesses vendor performance.

7.11.3. The Chief Procurement Officer will make reports available to the Director and Chief of Administration upon request.

7.12. Inspection.

7.12.1. The section or office must inspect all materials, supplies, and equipment upon delivery and again prior to final acceptance to ensure compliance with the contract requirements and specifications.

7.12.2. The section or office must report any discrepancies to the Purchasing Liaison and Chief Procurement Officer immediately.

7.12.3. If unlisted shortages are discovered, the vendor, Purchasing Liaison and Chief Procurement Officer must be notified immediately.

7.12.4. A vendor may be required to pick up any merchandise not conforming to specifications and replace the merchandise immediately.

7.13. Substitutions.

7.13.1. Substitution of items called for in a contract is not permitted without the Chief Procurement Officer’s prior approval.

7.13.1.a. The Chief Procurement Officer will not approve substitution of items unless the substituted items are of equal quality and are offered at the same or lower price.

7.14. Change Orders.

7.14.1. The Chief Procurement Officer has the duty and responsibility to review and approve change orders just as he or she has the duty and responsibility for review and approval of the original contract.

7.14.2. Change order submission.

7.14.2.a. A request for the contract change must be submitted to the Chief Procurement Officer.

7.14.2.b. Any change order request submitted to the Property and Procurement Office that requires vendor agreement must include the vendor’s agreement in writing.

7.14.3. The Chief Procurement Officer may request any documentation or further explanation that the Chief Procurement Officer deems necessary to aid in reviewing a change order request.

7.14.4. The Chief Procurement Officer shall reject the change order if upon review he or she determines it is unjustified, inadequately documented, or unreasonable.

7.14.5. Change orders must be approved by the Attorney General’s office, as to form, just as the original contract is approved as to form by that office.

7.14.6. Vendors must not be permitted to perform work that will be added to a contract through a change order until such time as the change order has been:

7.14.6.a. Formally approved by the Chief Procurement Officer.

7.14.6.b. Encumbered by the Division.

7.14.6.c. Transmitted to the vendor.

W. Va. Code R. § 58-10-8 Remedies

8.1. The Chief Procurement Officer may require the Division attempt to resolve any issues that it may have with the vendor prior to pursuing a remedy contained herein. The Division must document any resolution efforts to be retained by the Chief Procurement Officer.

8.2. Contract Cancellation.

8.2.1. The Chief Procurement Officer may cancel a purchase or contract immediately under any one of the following conditions including without limitation:

8.2.1.a. The vendor agrees to cancellation.

8.2.1.b. The vendor has obtained the contract by fraud, collusion, conspiracy, or is in conflict with any statutory or constitutional provision of the State of West Virginia.

8.2.1.c. Failure to honor any contractual term or condition or to honor standard commercial practices.

8.2.1.d. The existence of an organizational conflict of interest is identified.

8.2.1.e. Funds are not appropriated, or an appropriation is discontinued by the legislature for the acquisition.

8.2.1.f. Violation of any federal, state, or local law, regulation, or ordinance.

8.2.2. Except as provided in subsection 8.2.1., the Chief Procurement Officer may cancel a purchase or contract for any reason or no reason, upon providing the vendor with 30 days’ notice of the cancellation.

8.3. Opportunity to Cure.

8.3.1. In the event that a vendor fails to honor any contractual term or condition, or violates any provision of federal, state, or local law, regulation, or ordinance, the Chief Procurement Officer may request the vendor remedy the contract breach or legal violation within a time frame the Chief Procurement Officer deems appropriate.

8.3.2. If the vendor fails to remedy the contract breach or legal violation or the Chief Procurement Officer determines, at his or her sole discretion, that such a request is unlikely to yield a satisfactory result, then he or she may cancel immediately without providing the vendor an opportunity to perform a remedy.

8.4. Re-Award. The Chief Procurement Officer may award a cancelled contract to the next most qualified responsible bidder, whether that be the next lowest bidder in a cost driven competitive bid or the next highest scoring bidder if best value procurement, without a subsequent solicitation if the Director determines it to be in the best interest of the Division.

8.5. Non-responsible.

8.5.1. If the Chief Procurement Officer believes that a vendor may be non-responsible, the Chief Procurement Officer may request a vendor provide evidence the vendor either does or does not have the capability to fully perform the contract requirements and the integrity and reliability necessary to assure good faith performance.

8.5.2. If the Chief Procurement Officer determines the vendor is non-responsible, the Chief Procurement Officer shall reject the vendor’s bid and shall not award the contract to that vendor.

8.5.3. A determination of non-responsibility must be evaluated on a case-by-case basis and can only be made after the vendor in question has submitted a bid.

8.5.4. A determination of non-responsibility will only extend to the contract for which the vendor has submitted a bid and does not operate as a bar against submitting future bids.

8.6. Suspension by the Division. 8.6.1 The Director may suspend, for a period not to exceed one year, the right of a vendor to bid on procurements issued by the Division if:

8.6.1.a. The vendor has exhibited a pattern of submitting bids and then requesting that its bid be withdrawn after bids have been publicly opened. For purposed of this provision, a pattern is two or more instances within a 12-month period. 8.6.1.b.The vendor has exhibited a pattern of poor performance in fulfilling his or her contractual obligations to the Division. Poor performance includes, but is not limited to, two or more instance of any of the following:

8.6.1.b.1. Violations of law, regulation, or ordinance.

8.6.1.b.2. Failure to deliver timely.

8.6.1.b.3. Failure to deliver quantities ordered.

8.6.1.b.4. Poor performance reports.

8.6.1.b.5. Failure to deliver commodities or services at the quality level required by the contract.

8.6.1.b.6. The vendor has breached a contract issued by the Property and Procurement Office or any section or office and refuses to remedy that breach.

8.7. Vendor Debarment by the Division.

8.7.1. The Chief Procurement Officer has primary responsibility for administering the debarment process. The Chief Procurement Officer’s duties include:

8.7.2. Obtaining lists of vendors declared ineligible under federal laws and regulations.

8.7.3. Notification of the Division sections and offices regarding disbarred vendors.

8.7.4. Compiling and maintaining a current, consolidated list of all vendors that have been disbarred or declared ineligible, the period of such disbarment, and the reasons therefor.

8.7.5. Investigating complaints about vendors from the Division and its sections and offices responsible for contracting with vendors for supplies and services.

8.7.6. The Director has primary responsibility for initiating and conducting disbarment procedures.

8.7.7. The Director may debar a vendor if the vendor has been declared ineligible to participate in procurement related activities under federal law and regulation, when the vendor’s name appears on the West Virginia Division of Purchasing or United States Excluded Parties List System, on the basis of any one or more grounds for disbarment pursuant to W. Va. Code §5A-3-33d, or when any section or office requests disbarment of a vendor and the Director finds probable cause for debarment exists.

8.7.8. Vendor debarment shall be conducted according to the following procedures:

8.7.8.a. The Director shall notify the vendor by certified mail, return receipt requested, of the following: 8.7.8.b.The reasons for the proposed disbarment in sufficient detail to put the vendor on notice of the conduct or transactions upon which the proposed debarment is based. 8.7.8.c.The causes relied upon for the proposed debarment.

8.7.8.d. That within 10 working days after receipt of the notice, the vendor may submit in writing information and argument in opposition to the proposed debarment.

8.7.8.e. The procedures governing debarment decision-making, and

8.7.8.f. The potential effect of the proposed debarment.

8.7.9. A vendor that has received notice of the proposed debarment by certified mail, return receipt requested, must respond to the proposed debarment within 10 working days after receipt of notice or the debarment will be instituted without further notice. A vendor is deemed to have received notice, notwithstanding the vendor’s failure to accept the certified mail, if the letter is addressed to the vendor at its last known address. After considering the matter and reaching a decision, the Director shall notify the vendor of his or her decision by certified mail, return receipt requested.

8.7.10. In any debarment decision, the Director shall make a specific finding, based on the substantial record, whether the public interest requires that the debarment decision extend to all commodities and services of the vendor, or whether the public interest allows the debarment decision to be limited to specific commodities or services. Proof of grounds for disbarment must be clear and convincing.

8.7.11. In any debarment decision, the Director shall specify the length of the debarment period. The debarment period must be for the period of time the Director finds necessary and proper to protect the public from an irresponsible vendor.

8.7.12. In the event a vendor wishes to contest the debarment decision, the Director shall decide the matter in accordance with the provision of W. Va. Code §29A-5-1 et seq.

8.7.13. Any vendor, other than a vendor prohibited from participating in a federal procurement, undergoing debarment proceedings is permitted to continue participating in the Division’s procurement process until a final debarment decision has been reached. Any contract that a debarred vendor obtains prior to a final debarment decision shall remain in effect for the current term but may not be extended or renewed. Notwithstanding the foregoing, the Director may cancel a contract held by a debarred vendor if the Director determines, in his or her sole discretion, that doing so is in the best interest of the Division. A vendor prohibited from participating in federal procurement will not be permitted to participate in the Division’s procurement process during disbarment proceedings.

8.7.14. If the Director’s final debarment decision is that debarment is warranted and notice of the final debarment decision is mailed, the Property and Procurement Office shall reject any bid submitted by the debarred vendor, including any bid submitted prior to the final debarment decision if that bid has not yet been accepted and a contract consummated.

8.7.15. Unless the Director determines in writing there is a compelling reason to do otherwise, the Division may not solicit offers from, award contracts to, nor consent to subcontract with a debarred vendor during the debarment period.

8.7.16. The Chief Procurement Officer may not exercise an option to renew or otherwise extend a current contract with a debarred vendor, nor a contract which is being performed in any part by a debarred subcontractor, unless the Director approves the action in writing, based upon compelling evidence for exercise of the option or extension.

8.7.17. The Director may extend the disbarment to include a related party of the vendor. The Director shall follow the same procedure, and afford the related party like notice, hearing, and other rights, for extending the debarment to the affiliate as provided for under section 5.7. of this rule. For purposes of this subsection, a related party may include:

8.7.17.a. Spouses, parents, children, siblings, grandparents, or grandchildren of a debarred vendor or individual.

8.7.17.b. Any individual or entity that partially or completely owns, controls, or influences, or is partially or completely owned, controlled, or influenced by the actions of a debarred vendor or individual.

8.7.17.c. Entities that are related under common ownership or control with a debarred vendor, or

8.7.17.d. A business entity or individual that has contracted with or employed a debarred vendor or individual to perform work on one or more public contracts.

8.8.1. The Director may reduce the period or extent of debarment, upon the vendor’s request supported by documentation, for the following reasons:

8.8.1.a. Newly discovered material evidence.

8.8.1.b. Reversal of the conviction or judgment upon which debarment was based.

8.8.1.c. Elimination of the causes for which the debarment was imposed, or

8.8.1.d. Other good cause shown, including evidence that the vendor has become responsible.

8.8.2. The Director may extend the debarment period for an additional period if he or she determines the extension is necessary to protect the interests of the Division. Upon the expiration of a debarment period, the Director shall extend the debarment period for any vendor who has not paid all current state, obligations for at least the four most recent calendar quarters, exempting the current calendar quarter, and for any vendor who is in default on a repayment agreement with the Division, until such time as the cause for the extended debarment is removed. If the Director, extends the debarment period, he or she shall follow the same procedures, afford the vendor like notice, hearing, and other rights for extending the debarment, as provided for debarment under this section of this rule.

8.8.3. A debarment under this rule may be waived by the Director with respect to a particular contract if he or she determines the debarment of the vendor would severely disrupt the operation of a governmental entity to the detriment of the general public or would not be in the public interest.

8.9. Damages.

8.9.1. A vendor who fails to perform as required under a contract shall be liable for actual damages and costs incurred by the state.

8.9.2. The Division shall seek to collect damages by means determined appropriate by the Director in consultation with legal counsel.

W. Va. Code R. § 58-10-9 Protests

9.1. Submission of a Protest.

9.1.1. Protests based on bid specifications must be submitted no later than five working days prior to bid opening.

9.1.2. Protest of a purchase order or contract awards must be submitted no later than five working days after the award.

9.1.3. The vendor is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected by the Chief Procurement Officer.

9.1.4. All protests must be submitted in writing to the Chief Procurement Officer in Property and Procurement Office and contain the following information:

9.1.4.a. The name and address of the protestor.

9.1.4.b. The requisition, solicitation, purchase order or contract numbers.

9.1.4.c. A statement of the grounds of protest.

9.1.4.d. Supporting documentation, if necessary.

9.1.4.e. The resolution or relief sought.

9.1.5. Failure to submit this information shall be grounds for rejection of the protest by the Chief Procurement Officer.

9.2. Protest Review.

9.2.1. The Chief Procurement Officer, or his or her designee, shall review the matter of protest and issue a written decision.

9.2.1.a. A hearing may be conducted at the option of the Chief Procurement Officer or assigned designee.

9.2.1.b. Continuation or delay of a purchase order or contract award is at the discretion of the Chief Procurement Officer.

9.2.2. The Property and Procurement Office may refuse to review any protests when the matter involved is the subject of litigation before a court of competent jurisdiction; if the merits have previously been decided by a court of competent jurisdiction; or if it has been decided in a previous protest by the Property and Procurement Office.

W. Va. Code R. § 58-10-10 Violations

10.1. Any person who authorizes or approves a purchase or contract in violation of West Virginia Code or any rule adopted by the Property and Procurement Office is personally liable for the cost of the purchase or contract. Purchases and contracts violating the West Virginia Code or this rule are void and of no effect. Provided, that the state establishes by a preponderance of the evidence that the individual acted knowingly and willfully.

10.2. Any person receiving anything of value from a known interested party in awarding a purchase order is subject to the provisions of the Ethics Act as determined by the Ethics Commission.

W. Va. Code R. § 58-10-11 Encumbrance

11.1. The appropriate account from which funds to pay for a contract will be taken must be designated prior to a contract being awarded, unless the contemplated contract is a type that cannot be encumbered as determined by the Chief Procurement Officer.

11.2. Prior to issuing a contract, the Chief Procurement Officer will verify the amount of funds encumbered is appropriate and the account being encumbered matches what the Division has requested.

11.3. Contracts must be encumbered prior to issuance in the following amounts:

11.4. A contract for a one-time purchase in the current fiscal year must encumber the full contract amount.

11.5. A contract that will span multiple fiscal years must encumber at least the amount of funds that will be spent under the contract in the current fiscal year.

11.6. A contract that will be awarded prior to the end of a current fiscal year but will become effective after that same fiscal year has ended is not required to encumber funds prior to issuance of the contract.

11.7. Open end contracts or a statewide are not required to have funds encumbered prior to the issuance of the contract.

W. Va. Code R. § 58-10-12 Exemptions

12.1. Commodities and Services Identified as “Not Possible to Bid.”

12.1.1. Division may purchase commodities and services determined to be not possible to bid directly from the vendor without advertisement or bid and are not required to have contracts for the purchase of those items $25,000 or less. For contracts valued greater than $25,000, contract documents are required.

12.1.2. Even though competitive bidding is not required for the Not Possible To Bid List, the Division must continue to appropriately document requirements associated with the applicable threshold of purchases of $25,000 or more unless otherwise noted with each item. For example, all vendors must complete applicable registration requirements to become vendors of the state.

12.2. Direct Award Procurement.

12.2.1. The Chief Procurement Officer may approve the purchase of commodities and services directly from a vendor as a direct award procurement without competitive bidding if the Division can reasonably acquire the good or services from only one source.

12.2.2. The basis for the direct award procurement and the specific efforts made to determine the availability of other sources must be appropriately documented.

12.3. Emergency Procurement.

12.3.1. A purchase in excess of $25,000 may be made without competitive bidding if it is necessary due to an emergency hardship.

12.3.2. Any request to procure specific commodities or services pursuant to this subsection must be submitted in writing to the Director or his or her designee. The Director, or his or her designee, shall review the written request and issue written approval or disapproval.

12.3.3. Approval to procure goods or services on an emergency basis will permit the purchase of required goods or services directly from a vendor.

12.3.4. Determination of what qualifies as an emergency under this subsection shall be evaluated on a case-by-case basis. An emergency includes, but is not limited to, unforeseen events or circumstances including delays by vendors, delays in transportation, or an unanticipated volume of work, as well as procurement of specific commodities for immediate delivery related to an official declaration of emergency by the Governor or federal officials.

Series 11 Hunting, Fishing, and Other Outfitters and Guides

W. Va. Code R. § 58-11-1 General

1.1. Scope. -- The purpose of these regulations is to provide for the regulation of commercial outfitter and guide services and to assure safe operations.

1.2. Authority. -- W. Va. Code §§20-1-7(31) and 20-2-23.

1.3. Filing Date. -- April 19, 2024.

1.4. Effective Date. -- April 19, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

1.6. Promulgation history. -- These regulations supersede West Virginia Administration Regulations, Department of Natural Resources, Series XI filed on December 30, 1982 and effective on January 1, 1983.

W. Va. Code R. § 58-11-2 Definitions

2.1. The term "outfitter," as used herein, means and includes any person who, operating from any temporary or permanent camp, private or public lodge, or private or incorporated home situated within this state, provides for monetary profit or gain, saddle or pack animals or other animals, vehicles, boats, conveyances or equipment, or guide services for any person or persons hunting game animals, game birds, fishing or taking expeditions, both land and water, in this state. The term "outfitter" shall not include, however, any person who occasionally for accommodation or favor rather than profit or gain, rents equipment to hunters, fishermen or others as a service incidental to his principal occupation or business without advertising outfitter or guide services or holding out to the public the offering of such services. The term "guide," as used herein, includes and embraces outfitter services and the term "outfitter" includes and embraces guide services, but the applicant for any license hereunder may in his or her application elect to be designated as an outfitter or guide.

2.2. All other terms shall have the meaning prescribed in W. Va. Code §20-1-2.

W. Va. Code R. § 58-11-3 Outfitters License

3.1. License required. An outfitter must obtain a license from the director prior to the commencement of services in the State.

3.2. Compliance with license. An outfitter issued a license by the director must comply with the terms and conditions of that license.

3.3. License in possession. Each outfitter shall carry a copy of his/her license when conducting outfitter services. If the outfitter is a corporation, partnership, or other legal entity, then such copy will be carried by the representative of the outfitter who is present and designated in-charge during the performance of the outfitter services.

3.4. Bonding and insurance. Before any outfitting services are offered or rendered, each outfitter must execute a surety bond in the penal sum of one thousand dollars ($1,000) payable to the State of West Virginia and must hold valid public liability insurance for which the minimum acceptable coverage shall be three hundred thousand dollars ($300,000) per occurrence for bodily injury and twenty-five thousand dollars ($25,000) per occurrence and twenty-five thousand dollars ($25,000) aggregate for property damage. The licensee shall submit proof of liability insurance coverage and the surety bond to the director not later than February 15th of each year. The issuing insurance company shall furnish immediate written notification of the cancellation of the policy and/or surety bond to the director. The requirement of cancellation shall be printed on the bottom of every policy.

3.5. Application. An outfitter seeking a license shall provide the director with the information specified on the Division's application and any additional information that the director deems necessary for consideration of such application. Any change in that information must be reported by the licensee to the director within thirty (30) days of such change. The applicant may in his or her application elect to be designated as an outfitter or a guide. 3.6 License Renewal: Outfitter and Guide licenses issued under this rule expire on December 31st of the year of issue. A licensee may seek to renew his/her license by submitting an updated application to the Division no later than one month prior to the date upon which his permit or license expires. A one-month extension may be granted by Division personnel in order to facilitate the review and processing of a licensee’s renewal application.

3.7. First aid. Each outfitter, or representative of the outfitter actually conducting the service, shall have a current standard first aid training certificate issued by the American Red Cross or equivalent.

3.8. Records. Licensees shall keep a current record or file containing the name, address, age, and residency of all persons who have utilized their services. This record shall be kept for a period of two (2) years and shall be made available to the director upon request.

3.9. Non-transferability. A license is nontransferable and is valid only for the calendar year designated therein.

3.10. Posted lands. A license confers no authority to trespass; written permission must be obtained from the landowner, lessee, or tenant of any fenced or posted lands before entering same.

3.11. National forest lands. An outfitters license shall not be valid on National Forest lands within this state unless written permission is obtained from the Supervisor of such National Forest lands. Such permission must be signed and approved by the Division of Natural Resources.

3.12. Bear hunts. In accordance with the provisions of W. Va. Code §20-2-22a, an outfitters license does not permit the holder thereof to organize for commercial purposes or to professionally outfit a bear hunt or to give or receive any consideration whatsoever or any donation in money, goods, or services in connection with a bear hunt.

W. Va. Code R. § 58-11-4 Hunting, Fishing and Other Trips

4.1. Equipment. All vehicles, boats, conveyances, and equipment provided or used by an outfitter shall be maintained in a safe, operable condition.

4.2. All trips to hunt game or wild animals or game or wild birds or both must comply with current West Virginia hunting regulations. The licensee and all guests must have the appropriate hunting licenses and stamps on such trips.

4.3. All fishing trips must comply with current West Virginia fishing regulations. The licensee and all guests must have the appropriate fishing licenses and stamps on such trips.

W. Va. Code R. § 58-11-5 Outfitting in Whitewater Zones

5.1. In accordance with W. Va. Code §20-2-23a(b)(12), there will be a special whitewater study and improvement fee paid by each outfitter or for each customer that is transported in a commercial activity in the study zones on the Cheat, Gauley, New, Shenandoah, and Tygart Valley rivers.

5.2. Whitewater Fee Amount.

5.2.a. The study and improvement fee is thirty-five cents ($.35) for each customer transported on a commercial activity in study zones on the Cheat, New, Shenandoah, and Tygart Valley rivers.

5.2.b. The study and improvement fee is seventy cents ($.70) for each customer transported on a commercial activity in study zones on the Gauley River.

5.3. The outfitter shall pay these fees to the Division by the fifteenth (15th) day of the month following the month in which the fee was assessed and deposit them in the Whitewater Study and Improvement Fund.

5.4. The outfitter shall report whitewater user numbers and trip leader reports to the Division by the fifteenth (15th) day of the month following the month in which the services were provided.

W. Va. Code R. § 58-11-6 Accident and Property Damage Reports

6.1. Injury report. If an accident which requires medical treatment occurs during the performance of a licensee's services, the licensee must file a report with the director within five (5) days after the accident. This injury report shall include the name, address, and age of the injured person; the nature of the injury; and the time, place, and circumstances of the accident.

6.2. Property damage report. If an accident occurs during the performance of licensee services which results in non-vehicular property damage in excess of five hundred dollars ($500), the licensee must file a report with the director within five (5) days after the accident. This property damage report shall include the name of the owner of the property; an estimate of the amount of the loss; the time and location of the event causing the damage; and a description of the accident.

W. Va. Code R. § 58-11-7 Enforcement and Penalties

7.1. The Division may refer violations of the provisions of this rule to the appropriate law enforcement or prosecutor’s office for criminal prosecution.

W. Va. Code R. § 58-11-8 Appeals

8.1. The terms and conditions of a license are appealable under the provisions of W. Va. Code §51-11-1 et seq. and W. Va. Code §29A-5-4.

58CSR11

Series 12 Commercial Whitewater Outfitters

W. Va. Code R. § 58-12-1 General

1.1. Scope and Purpose. -- The purpose of this rule is to provide for the regulation of commercial whitewater rafting, outfitting, and related activities to assure safe operations and protect the environment.

1.2. Authority. -- W. Va. Code §20-2-23a.

1.3. Filing Date. -- April 19, 2024.

1.4. Effective Date. -- April 19, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect August 1, 2029.

W. Va. Code R. § 58-12-2 Definitions

2.1. "Commercial Watercraft Clinic" means an instructional class to teach the Eskimo roll, paddling, reading whitewater, navigating, portaging, surfing, and scouting whitewater, as applicable.

2.2. "Commercial Watercraft Clinic Instructor" means a person who is qualified to teach a commercial watercraft clinic pursuant to the relevant American Canoe Association (ACA), or comparable, industry standards, and who has appropriate first aid and CPR training.

2.3. "Commercial Whitewater Guide" or “trip guide” means any person who is an owner, agent, or employee of a commercial whitewater outfitter, and who is qualified and authorized to provide services for whitewater expeditions in the state in accordance with W. Va. Code §§20-2-23 and 20-2-23a and this rule.

2.4. "Commercial Whitewater Expedition" means the act of floating, traveling or traversing whitewater, in any manner, using a watercraft by a commercial whitewater outfitter.

2.5. "Commercial Whitewater Outfitter" means any person, partnership, corporation, or other organization, or any combination thereof, duly licensed, authorized and operating from within or from without the State, which for monetary profit or gain, provides whitewater expeditions or rents watercraft or equipment for use in commercial whitewater expeditions on any river, portions of rivers, or waters of the State.

2.6. "Division" means the Division of Natural Resources.

2.7. "Evaluation Trip" means a trip provided by a commercial whitewater outfitter, licensed in this state, to determine the guide trainee meets the criteria outlined in section 12 of this rule. Evaluation trips must be conducted on the river or sections of river to be guided.

2.8. "Familiarization Trip" means a trip provided by a commercial whitewater outfitter, licensed in this state, to familiarize a guide trainee on the river or sections of river to be guided. Familiarization trips must be conducted on the river or sections of river to be guided.

2.9. "Guide Trainee" means a person who is attempting to become qualified as a commercial whitewater guide in accordance with the provisions of this rule.

2.10. “Out of State Commercial Guided Trip” means the act of floating, traveling or traversing whitewater on waters outside the state on a river or section of river in which an out of state commercial whitewater guide is required in every raft by an out of state commercial whitewater outfitter.

2.11. “Out of State Commercial Whitewater Expedition” means the act of floating, traveling or traversing whitewater on waters outside the state on a river or section of river, in any manner, using a watercraft by an out of state commercial whitewater outfitter.

2.12. “Out of State Commercial Whitewater Guide” or “trip guide” means any person who is an owner, agent, or employee of an out of state commercial whitewater outfitter, and who is qualified and authorized to provide out of state commercial whitewater guided trips.

2.13. “Out of State Commercial Whitewater Outfitter” means any person, partnership, corporation, or other organization, or any combination thereof, duly licensed, authorized and operating from within or without the state, which for monetary profit or gain, provides whitewater expeditions or rents watercraft or equipment for use in out of state commercial whitewater expeditions on any river, portions of rivers, or waters outside of the state.

2.14. “Outfitter” means any person who, operating from any temporary or permanent camp, private or public lodge, or private or incorporated home situated within this state, provides for monetary profit or gain, saddle or pack animals or other animals, vehicles, boats, conveyances or equipment, or guide services for any person or persons hunting game animals, game birds, fishing or taking expeditions, on both land and water, in this state. The term “outfitter” shall not include, however, any person who occasionally for accommodation or favor rather than profit or gain, rents equipment to hunters, fishermen or other persons as a service incidental to his or her principal occupation or business without advertising outfitter or guide services or holding out to the public his or her offering of those services.

2.15. "Rent" means to provide for monetary profit or gain any equipment or watercraft, used in a commercial activity. This term also includes the offering for sale with a written or oral agreement or any other arrangement, to repurchase, at a reduced cost, the equipment at the completion of its use.

2.16. "Training Trip" means a trip provided by a commercial whitewater outfitter licensed in the state which offers to the guide trainee substantial opportunity to acquire the necessary skills required by section 12.1 of this rule.

2.17. "Underway" means that the watercraft is not at anchor, secured to the shore, or aground.

2.18. "Watercraft" means a vessel in the commercial whitewater outfitter’s fleet used for commercial whitewater expeditions, or other watercraft in an outfitter’s fleet, including a vessel in an out of state commercial whitewater outfitter’s fleet used for out of state commercial whitewater expeditions for the purposes of meeting guide training criteria required by section 12 of this rule. It shall include, but not be limited to the following vessels that further meet the requirements set forth in this rule:

2.18.1. A canoe;

2.18.2. An inflatable kayak or duckie rated to carry one or two persons;

2.18.3. An inner tube;

2.18.4. A kayak or C-1 that is a hard-shell boat that is made of plastic, fiberglass or other hard material, not rubberized material;

2.18.5. A raft that is an inflatable craft rated to carry three or more passengers;

2.18.6. A river board; or

2.18.7. A stand-up paddleboard.

2.19. “Whitewater” means water, in part of a river, that is white because it is moving swiftly over rocks, including rapids and falls.

2.20. "Whitewater Zone" means all rivers, portions of rivers or other waters of the state as identified in sections 3.1 and 9.12 of this rule.

W. Va. Code R. § 58-12-3 Designated Whitewater Zones

3.1. The following rivers, portions of rivers, or waters of the State are designated as whitewater zones. For the purposes of conducting studies as required by W. Va. Code §20-2-23a, the New, Gauley, Cheat, Shenandoah, and Tygart Valley Rivers are further divided into special "study zones".

3.1.1. Cheat River from its confluence with Saltlick Creek to the confluence of Big Sandy Creek.

3.1.1.a. From its confluence with Saltlick Creek to the State Route 26 bridge at Albright.

3.1.1.b. From the State Route 26 bridge at Albright to the confluence of Big Sandy Creek.

3.1.2. Gauley River from the Summersville Lake Dam to the bridge at Jodie.

3.1.2.a. From the Summersville Lake Dam to Mason's Branch Road.

3.1.2.b. From Mason's Branch Road to the bridge at Jodie.

3.1.2.c. From the bridge at Jodie to confluence at Gauley Bridge.

3.1.3. New River from its confluence with the Greenbrier River to its confluence with the Gauley River, excluding the section from the railroad bridge at Hawks Nest State Park to the Hawks Nest Dam, as follows by section:

3.1.3.a. Brooks Falls Canyon: From the confluence of the Greenbrier River to Sandstone Falls.

3.1.3.b. Sandstone Canyon: From Sandstone Falls to Glade Creek.

3.1.3.c. Glade Creek Canyon: From Glade Creek to Piney Creek.

3.1.3.d. Stonecliff Canyon: From Piney Creek to Stonecliff.

3.1.3.e. Surprise Canyon: From Stonecliff to Manns Creek.

3.1.3.f. New River Gorge: From Manns Creek to the railroad bridge at Hawks Nest State Park.

3.1.3.g. Hawks Nest Canyon: From Hawks Nest Dam to the confluence of the Gauley River.

3.1.4. Shenandoah River from Millville to its confluence with the Potomac River.

3.1.5. Tygart Valley River from the confluence of Mill Creek at Belington to the County Route 62 bridge at Colfax, excluding the section from Big Cove Run to the top of Valley Falls.

3.1.5.a. From the confluence of Mill Creek at Belington to the covered bridge at Philippi.

3.1.5.b. From the covered bridge at Philippi to Big Cove Run.

3.1.5.c. From the top of Valley Falls to the County Route 62 bridge at Colfax.

W. Va. Code R. § 58-12-4 Commercial Whitewater Outfitters License

4.1. A commercial whitewater outfitter shall obtain a license from the director prior to the commencement of operations on any waters of the State.

4.2. A commercial whitewater outfitter issued a license by the director shall comply with the terms and conditions of that license.

4.3. The director may issue new licenses valid for one or more designated whitewater zones upon a finding by him or her, and with the approval of the Whitewater Commission, that the commercial whitewater outfitters currently operating in the same whitewater zone or zones have not fully used the daily use limits set under the provisions of section 8 of this rule. The director shall file public notice of his or her intent to issue new licenses for a designated whitewater zone immediately upon such a finding.

4.4. Before any outfitting services are offered or rendered, each commercial whitewater outfitter shall execute a surety bond in the penal sum of $1,000 payable to the State of West Virginia and shall hold valid public liability insurance in the name of the commercial whitewater outfitter with minimum coverage of $300,000 per occurrence for bodily injury and $25,000 aggregate for property damage. The commercial whitewater outfitter shall submit proof of liability insurance coverage and the surety bond to the director not later than February 15th of each year. The issuing insurance company shall furnish immediate written notification of the cancellation of the policy and/or the surety bond to the director. The requirement of cancellation notification shall be printed on the bottom of every policy.

4.5. The commercial whitewater outfitter shall pay its annual license fees to the Division not later than February 15th.

4.6. An applicant for a commercial whitewater outfitter's license for the ensuing year shall provide the director with the information specified on the Division's application and any additional information that the director considers necessary for consideration of the application by March 15th. Upon review and consideration by the whitewater commission, the director shall send the applicant a written reply by September 30th stating whether the license will be granted.

4.7. A commercial whitewater outfitter shall keep a current record or file containing the name, address, age, and residency of all persons who have used his or her services. An outfitter operation shall keep a current record or file containing the name, address, age, and residency of all persons who have used his or her services in a whitewater zone. These records shall be kept for a period of two years and shall be made available to the director upon request.

4.8. Whitewater Guide Trainee Information Sheet.

4.8.1. Individual guides are responsible for completing the Whitewater Guide Trainee Information Sheet furnished by the division. The commercial whitewater outfitter shall provide forms to individual guides or guide trainees.

4.8.2. A commercial whitewater outfitter shall not employ a guide trainee to guide on a commercial whitewater expedition until it has received the guide trainee's information sheet.

4.8.3. A West Virginia commercial whitewater guide is not required to supplement the guide trainee information sheet except to show qualifications for additional rivers or sections of rivers.

4.8.4. The commercial whitewater outfitter is responsible for keeping on file the original or a certified copy of the completed whitewater guide trainee information sheet. These records shall be maintained by the commercial whitewater outfitter for two years following the guide’s last date of employment. The commercial whitewater outfitter shall provide the guide or guide trainee with a certified copy of the trainee information sheet and, upon request, shall forward a copy to the Division of Natural Resources, Law Enforcement Section, 324 Fourth Avenue, South Charleston, West Virginia 25303-1228.

4.9. Whitewater Guide Trip Leader Information Sheet.

4.9.1. Individual guides shall complete the Whitewater Guide Trip Leader Information Sheet furnished by the division.

4.9.2. A commercial whitewater outfitter shall not employ a guide as a Trip Leader until it has received the guide's Trip Leader Information Sheet.

4.9.3. A West Virginia commercial whitewater guide Trip Leader is not required to supplement the guide Trip Leader information sheet except to show qualifications for additional rivers or sections of rivers.

4.9.4. The commercial whitewater outfitter is responsible for keeping on file the original copy or a certified copy of the original completed Whitewater Guide Trip Leader Information Sheet. These records shall be maintained by the commercial whitewater outfitter for two years following the guide’s last date of employment. The commercial whitewater outfitter shall provide the guide Trip Leader with a certified copy of the guide Trip Leader information sheet and upon request, shall forward a copy to the Division of Natural Resources, Law Enforcement Section, 324 Fourth Avenue, South Charleston, West Virginia 25303-1228.

4.10. New Hires. Guides and guide trainees shall submit the completed Whitewater Guide Trainee Information Sheet on the first day of employment with a commercial whitewater outfitter.

W. Va. Code R. § 58-12-5 Special Whitewater Study and Improvement Fees

5.1. In accordance with W. Va. Code §20-2-23a, there will be a special whitewater study and improvement fee paid by each commercial whitewater outfitter or outfitter for each customer who is transported in a commercial activity in the study zones on the Cheat, Gauley, New, Shenandoah and Tygart Valley rivers.

5.2. Fee Amount.

5.2.1. The study and improvement fee is 35 cents for each customer transported on a commercial activity in study zones on the Cheat, New, Shenandoah and Tygart Valley rivers.

5.2.2. The study and improvement fee is 70 cents for each customer transported on a commercial activity in study zones on the Gauley River.

5.2.3. If a commercial activity exceeds one day in duration, the appropriate fee shall be collected for each day, or part of a day, of the trip.

5.3. The commercial whitewater outfitter or outfitter shall pay these fees to the Division by the 15th day of the month following the month in which the fee was assessed. The Division shall deposit the monies collected in the Whitewater Study and Improvement Fund.

5.4. Gauley River Study and Improvement Fee.

5.4.1. For the purpose of improving and promoting the whitewater industry on the Gauley River, one-half of all study and improvement fees collected pursuant to subsection 5.2.2 of this rule shall be used to stock the Gauley River with fish during the spring and fall seasons of each year to mitigate the loss of fishing opportunities resulting from the additional water volume on the Gauley River. The Whitewater Commission may hire a private contractor to administer the fish stocking program.

5.4.2. The Whitewater Commission shall review the amount of the study and improvement fee collected pursuant to subsection 5.2.2 of this rule every four years to determine whether the fee is sufficient to assure adequate funding for the fish stocking program.

W. Va. Code R. § 58-12-6 Transfer of License

6.1. A commercial whitewater outfitter shall obtain prior written approval of the director to sell or transfer a commercial whitewater license.

6.2. A commercial whitewater outfitter shall obtain the express written approval of the director to sell or transfer any use allocation or other privilege conferred by a license.

6.3. The director may not withhold approval of a sale or transfer except for just cause.

W. Va. Code R. § 58-12-7 Use Allocations

7.1. The director shall establish, modify, or limit use allocations for all commercial whitewater outfitters operating within a designated whitewater zone in conformance with section 8 of this rule.

7.2. A commercial whitewater outfitter may sell all of his or her use allocation for a designated whitewater zone upon the review and approval of the director. A commercial whitewater outfitter may sell or transfer a portion of his or her use allocation for a designated whitewater zone to another commercial whitewater outfitter holding an allocation on those waters upon the review and approval of the director.

7.3. The director may not withhold approval of a sale or transfer except for just cause.

W. Va. Code R. § 58-12-8 Daily Use Limits

8.1. The director shall set total daily use limits for each designated whitewater zone under the criteria set forth in W. Va. Code §20-2-23a, unless studies contracted for by the Division determine that a different daily use limit is appropriate based upon the following criteria:

8.1.1. The assurance of safety in commercial whitewater operations;

8.1.2. The best interests of persons seeking to enjoy whitewater rafting and the interests of the State in the promotion of tourism; and

8.1.3. The sound recreational and ecological use of the State's natural resources.

W. Va. Code R. § 58-12-9 Commercial Whitewater Operations

9.1. Towing rafts through water pools is permitted.

9.2. Motorized watercraft are permitted on the New River between Thurmond and Fayette Station when river flow equals or exceeds 16,500 cubic feet per second as determined by the U.S. Army Corps of Engineers for the Thurmond location.

9.3. The director may issue special use permits to commercial whitewater outfitters for the use of motorized watercraft to provide whitewater trips to senior citizens, disabled persons, and other persons who might not otherwise be able to participate in whitewater recreation. The director may also issue special use permits to commercial whitewater outfitters to conduct whitewater trips to make documentary recordings or to provide emergency transport services.

9.4. Motorized watercraft shall not pass non-motorized trips unless signaled to do so by the trip leader of the non-motorized watercraft. The non-motorized watercraft shall make all reasonable efforts to facilitate passing of the motorized watercraft.

9.5. While underway, each passenger, guide trainee, commercial watercraft clinic instructor, trip guide, and trip leader shall wear a securely fastened vest-type personal flotation device of an appropriate design and fit for each activity type and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R. §175.13 2014 et seq. as authorized by 46 U.S.C. §4302 and as prescribed in section 10.1 of this rule. The commercial whitewater outfitter shall maintain all personal flotation devices in a good and serviceable condition.

9.6. Each commercial whitewater expedition shall have a minimum of one trip guide for every 10 passengers or any portion thereof. There shall be a minimum of two trip guides on each commercial whitewater expedition of more than six watercraft.

9.7. There shall be no less than one trip guide on a commercial whitewater expedition on rivers or sections of rivers, unless otherwise designated in section 9.12 or section 14 of this rule. Section 14 requirements shall only apply to rented watercraft on sections specifically permitting rental watercraft which are listed in section 14.

9.8. A commercial whitewater outfitter may run his or her whitewater expedition in conjunction with another commercial whitewater outfitter’s whitewater expedition to fulfill the requirements of this section.

9.9. There shall be one commercial whitewater trip leader on each commercial whitewater expedition.

9.10. A trip leader may count as a trip guide to meet the requirements of this section.

9.11. Each commercial watercraft clinic shall have a minimum of one trip guide for each six customers or any portion thereof except as designated in subdivision 9.12.3.b of this rule.

9.12. The following rivers, portions of rivers, or waters of the State are designated as whitewater zones for rafting West Virginia's rivers, portions of rivers, or waters of the State to determine the appropriate watercraft, student limits, guide qualifications, and minimum number of guides per trip by whitewater zones:

9.12.1. Cheat River.

9.12.1.a. From its confluence with Saltlick Creek to the State Route 26 bridge at Albright there shall be a minimum of one trip guide per trip.

9.12.1.b. From the State Route 26 bridge at Albright to the confluence of Big Sandy Creek there shall be a minimum of two trip guides per trip. When river flows equal or exceed 2,200 cubic feet per second there shall also be a trip guide in every watercraft.

9.12.2. Gauley River from the Summersville Lake Dam to the bridge at Jodie there shall be a minimum of one trip guide in each watercraft and two guides per trip, except for inflatable kayaks and kayaks.

9.12.3. New River: From its confluence with the Greenbrier River to its confluence with the Gauley River:

9.12.3.a. From its confluence with the Greenbrier River to the confluence of Manns Creek there shall be a minimum of one trip guide per trip, unless otherwise designated in Section 14 of this rule. Section 14 requirements only apply to rented watercraft on those sections specifically permitting rental watercraft listed in Section 14.

9.12.3.b. From the confluence of Manns Creek to Teays Landing there shall be a minimum of one trip guide in each watercraft, except on a commercial watercraft clinic where the instructor and guests are in separate watercraft. Commercial watercraft clinics may be held by a commercial whitewater outfitter. Daily use is restricted to nine students per day per license and the commercial whitewater outfitter must have a ratio of one trip guide per three students. Commercial watercraft clinics are not permitted in this section of the New River on Saturdays between Memorial Day and Labor Day. There shall be a minimum of two trip guides per trip on all other trips.

9.12.3.c. From Teays Landing to the railroad bridge at Hawks Nest State Park there shall be a minimum of one trip guide or commercial watercraft clinic instructor per trip.

9.12.3.d. From the Hawks Nest Dam to its confluence with the Gauley River there shall be a minimum of two trip guides per trip.

9.12.4. Shenandoah River from Millville to its confluence with the Potomac River. There shall be a minimum of one trip guide per trip unless otherwise designated in section 14 of this rule. Section 14 requirements shall only apply to rented watercraft on those sections specifically permitting rental watercraft listed in section 14.

9.12.5. Tygart Valley River from the confluence of Mill Creek at Belington to the County Route 62 bridge at Colfax, excluding the area from Big Cove Run to the top of Valley Falls, there shall be a minimum of two trip guides per trip, except as provided in subdivision 9.12.5.a.

9.12.5.a. From the Philippi covered bridge to the County Route 12 bridge at Arden there shall be a minimum of one guide per trip.

9.13. No person shall carry a firearm in a watercraft during a commercial whitewater expedition.

9.14. No alcoholic liquor, nonintoxicating beer, nonintoxicating craft beer, wine, or controlled substances may be consumed while the watercraft is underway during a commercial whitewater expedition.

W. Va. Code R. § 58-12-10 Commercial Whitewater Equipment

10.1. Commercial whitewater outfitters and commercial watercraft clinics shall provide to each passenger transported in a watercraft a vest-type personal flotation device of an appropriate design and fit for each activity and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R. §175.13 2014 et seq. as authorized by 46 U.S.C. §4302, which shall be worn and securely fastened by passengers while underway during commercial whitewater expeditions and commercial watercraft clinics.

10.2. Commercial watercraft clinic instructors, guide trainees, trip leaders, and trip guides shall wear a vest-type personal flotation device of an appropriate design and fit for each activity and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R. §175.13 2014 et seq. as authorized by 46 U.S.C. §4302, which shall be worn and securely fastened while underway during commercial whitewater expeditions, training trips, and commercial watercraft clinics.

10.3. The minimum raft size that may be used on any river is an eight foot, two compartmentalized raft. The size of raft shall be measured from the outside tube surface in the bow to the outside tube surface in the stern when fully inflated, plus or minus six inches.

10.4. Gauley River. At flows more than 1,000 cubic feet per second between Summersville Dam and Sweet's Falls, the minimum watercraft size shall be a 12 foot, four compartmentalized watercraft.

10.5. Every commercial whitewater expedition shall be equipped with the following:

10.5.1. At least one first aid kit per trip.

10.5.2. At the beginning of each trip, each trip leader or trip guide shall possess at least one throw line or throw bag not less than 40 feet in length. One professional quality rescue rope which is 70 feet in length shall be carried on each commercial whitewater expedition. The 70 foot rescue rope may be counted as one of the required throw lines or throw bag.

10.6. All watercraft used by a commercial whitewater outfitter or outfitter shall be marked with its name, initials, or an easily recognizable logo, and shall be plainly visible and legible from 100 feet.

W. Va. Code R. § 58-12-11 Accident Reports

11.1. Injury Report. If a commercial whitewater outfitter or outfitter receives a report of an injury from a customer or is aware of an injury or accident that requires medical services at an established medical facility and the injury or accident occurs during the performance of its services from the put-in to the take-out, the commercial whitewater outfitter or outfitter shall file an accident report with the director using the injury report form prescribed by the Whitewater Commission. The form shall include the name, address, and age of the person injured, the nature of the injury, the time and place of the accident and the circumstances of the accident and shall be filed with the director within 15 days after the accident.

11.2. Property Damage Report. If an accident occurs during the performance of a commercial whitewater outfitter’s or outfitter’s activities that result in non-vehicular property damage of more than $2,000, the commercial whitewater outfitter or outfitter shall file a report with the director within 15 days after the accident. This property damage report shall include the name of the owner of the property; an estimate of the amount of the loss; the time and location of the event causing the damage; and a description of the accident.

W. Va. Code R. § 58-12-12 Commercial Whitewater Trip Guides and Trip Leaders

12.1. Commercial Whitewater Trip Guides. A Commercial Whitewater Trip Guide shall:

12.1.1. Be at least 18 years old, except as provided in Sections 12.3 and 12.4 of this rule, unless approved in writing by the director; and

12.1.2. Have completed a minimum of 15 training trips including at least five training trips in the same or similar type of raft used by the commercial whitewater outfitter for commercial whitewater expeditions, two familiarization trips and one evaluation trip on the section of river to be guided, except that on the Shenandoah River and on the New River from its confluence with the Greenbrier River to Manns Creek only 10 training tips will be required plus the two familiarization trips and one evaluation trip. One of the familiarization trips and the evaluation trip shall be in the same or similar type of raft used by the commercial whitewater outfitter for commercial whitewater expeditions. The second familiarization trip may count as the evaluation trip; or

12.1.3. Have acted as a commercial whitewater guide and completed a minimum of 15 commercial whitewater expeditions in a raft on a river in which a guide is required in every raft, two familiarization trips and one evaluation trip. The second familiarization trip may count as the evaluation trip; or

12.1.4. Have completed a minimum of 40 commercial whitewater expeditions in a raft on a river in which a commercial whitewater guide is required in every raft, two familiarization trips and one evaluation trip in order to be qualified on the Gauley River between Summersville Dam and Mason's Branch. The second familiarization trip may count as the evaluation trip; or

12.1.5. For purposes of satisfying guide training requirements, out of state commercial whitewater outfitter, out of state commercial whitewater expeditions, out of state commercial whitewater guide and out of state commercial guided trip may be applied in reference to subsections 12.1.3. and 12.1.4. of this rule.

12.1.6. Be able to operate watercraft used by the commercial whitewater outfitter on the rivers or sections of rivers to be guided; and

12.1.7. Supervise passengers and capably provide suitable orientation instructions to the passengers in his or her watercraft on subjects which may include, but not be limited to, safety, personal flotation devices, and how to stay in the boat and paddle; and

12.1.8. Have a valid American Red Cross first aid card or its equivalent and have a current CPR certification by either the American Red Cross or the equivalent; and

12.1.9. Have a general knowledge of emergency access and evacuation routes.; and

12.1.10. Be familiar with floating and swimming in whitewater conditions in a personal flotation device.

12.1.11. For training and evaluation purposes, a guide trainee may act as a trip guide on a commercial whitewater expedition if the guide trainee is directly and actively supervised by a commercial whitewater trip guide who is present in the watercraft.

12.1.12. The commercial whitewater outfitter shall document all familiarization trips and evaluation trips on the guide trainee's Whitewater Guide Information Sheet and maintain the sheet with the trip guide's records. 12.1.13 A commercial whitewater trip guide qualified on any river or portion of a river prior to the effective date of this rule remains qualified on those rivers or portions of rivers if he or she meets the requirements set forth in subsection 12.1.8 of this rule.

12.2. Commercial Whitewater Trip Leaders. Each commercial whitewater expedition shall include a trip leader. A trip leader shall meet all commercial whitewater trip guide qualifications specified in section 12.1 of this rule. In addition, a trip leader shall:

12.2.1. Be at least 20 years old, unless approved in writing by the director; and

12.2.2. Have completed at least six commercial whitewater expeditions as a commercial whitewater guide on the section of river that he or she will act as a trip leader. On the Upper Gauley between Summersville Lake Dam and Mason's Branch a trip leader shall have completed at least 20 commercial whitewater expeditions as a commercial whitewater guide on the section of river that he or she will act as a trip leader; or

12.2.3. For new sections of river, except the Upper Gauley between Summersville Dam and Mason’s Branch, have completed a minimum of 40 commercial whitewater expeditions as a trip leader, in a raft, on a river that requires a commercial whitewater guide in every raft, and have completed six familiarization trips on the section of the river that he or she will act as a trip leader; and

12.2.4. Be knowledgeable and capably provide suitable orientation instructions to and supervise the passengers on the commercial whitewater expedition on subjects which may include, but not be limited to, trip safety, trip description, personal flotation devices, how to stay in the boat, and how to paddle and throw lines.

12.2.5. A commercial whitewater trip leader qualified on any river or portion of a river prior to the effective date of this rule remains qualified on those rivers or portions of rivers as long as he or she meets the requirements set forth in subsection 12.1.8 of this rule.

12.3. Trip Guides operating on commercial whitewater operations on the Shenandoah River, a commercial whitewater outfitter may employ the services of guides who are at least 16 years old and otherwise meet the qualifications set forth in section 12.1 of this rule.

12.4. Trip Guides operating on commercial whitewater operations on the New River from its confluence with the Greenbrier River to Manns Creek, a commercial whitewater outfitter may employ the services of guides who are at least 16 years old and otherwise meet the qualifications set forth in section 12.1 of this rule.

12.5. Commercial whitewater outfitters may request variations from the trip leader or trip guide qualifications set forth in this section. Requests for variations must be made in writing to the director and the request shall substantiate that the variation does not reduce the intent of the qualifications set forth in this rule.

12.6. Documents relating to the requirements of this section shall be kept at the commercial whitewater outfitter’s base camp for inspection by the director or his or her representative.

12.7. All commercial whitewater guides providing services for whitewater expeditions in this state shall, while providing such services, conform to the standard of care expected of members of their profession.

W. Va. Code R. § 58-12-13 Outfitter Trip Guides, Operations and Equipment

13.1. Applicability. All applicable provisions of the W. Va. Code of State Rules, including Title 58 Series 11, Hunting, Fishing and Other Outfitters and Guides, and W. Va. Code §20-7-18b apply to outfitter operations. Section 13 of this rule shall apply only to outfitters operating on the following river sections:

13.1.1. New River: From the confluence of Manns Creek to Teays Landing.

13.1.2. Gauley River: From the Summersville Lake Dam to Upper Swiss.

13.2. Definitions.

13.2.1. These definitions shall only apply to outfitters for the purposes of section 13 of this rule and shall not apply to commercial whitewater outfitters.

13.2.2. "Outfitter Evaluation Trip" means a trip provided by an outfitter, licensed in this state, to determine that the outfitter guide trainee meets the criteria outlined in section 13.2 of this rule. Evaluation trips must be conducted on the river or sections of river to be guided.

13.2.3. "Outfitter Familiarization Trip" means a trip provided by an outfitter, licensed in this state, to familiarize an outfitter guide trainee on the river or sections of river to be guided. Familiarization trips must be conducted on the river or sections of river to be guided.

13.2.4. "Outfitter Guide Trainee" means a person who is attempting to become qualified as an outfitter guide in accordance with the provisions of this section of this rule.

13.2.5. "Outfitter Training Trip" means a trip provided by an outfitter licensed in the state which offers to the outfitter guide trainee substantial opportunity to acquire the necessary skills required by section 13 of this rule.

13.3. Outfitter Trip Guides.

13.3.1. An Outfitter Trip Guide shall:

13.3.1.a. Be at least 18 years old, unless approved in writing by the director. However, they may begin training with an outfitter when at least 16 years old; and

13.3.1.b. For the New River from the confluence of Manns Creek to Teays Landing as listed in subsection 13.1.1 of this rule;

13.3.1.b.1. Have completed a minimum of 15 outfitter training trips including at least five outfitter training trips in the same or similar type of raft used by the outfitter for trips, two outfitter familiarization trips and one outfitter evaluation trip on the New River section as listed in subsection 13.1.1 of this rule. One of the outfitter familiarization trips and the outfitter evaluation trip shall be in the same or similar type of craft used by the outfitter for trips. The second outfitter familiarization trip may count as the outfitter evaluation trip. These training trips may be conducted by the outfitter instead of by a commercial whitewater outfitter. However, training trips conducted by an outfitter shall not be recognized nor counted for any commercial whitewater purpose; or

13.3.1.b.2. Have completed a minimum of 15 outfitter trips or commercial whitewater outfitter expeditions in a raft on a river in which a commercial whitewater guide is required in every raft; and two outfitter familiarization trips and one outfitter evaluation trip. The second outfitter familiarization trip may count as the outfitter evaluation trip; or

13.3.1.c. For the Gauley River from the Summersville Lake Dam to Upper Swiss as listed in subsection 13.1.2 of this rule;

13.3.1.c.1. Have completed a minimum of 40 outfitter trips or commercial whitewater expeditions in a raft on a river in which a commercial whitewater guide is required in every raft. And two outfitter familiarization trips and one outfitter evaluation trip. The second outfitter familiarization trip may count as the outfitter evaluation trip.

13.3.1.d. Be able to operate watercraft used by the outfitter on the rivers or sections of rivers to be guided; and

13.3.1.e. Supervise passengers and capably provide suitable orientation instructions to the passengers in his or her watercraft on subjects which may include, but not be limited to, safety, personal flotation devices and how to stay in the boat and paddle if applicable; and

13.3.1.f. Have a valid American Red Cross first aid card or its equivalent and have a current CPR certification by either the American Red Cross or the equivalent; and

13.3.1.g. Have a general knowledge of emergency access and evacuation routes; and

13.3.1.h. Be familiar with floating and swimming in whitewater conditions in a personal flotation device.

13.3.1.i. For training and evaluation purposes, an outfitter guide trainee may act as an outfitter trip guide on an outfitter trip if the outfitter guide trainee is directly and actively supervised by an outfitter guide who is present in the watercraft.

13.3.1.j. The outfitter shall document all outfitter familiarization trips and outfitter evaluation trips on the outfitter guide trainee's Outfitter Guide Information Sheet and maintain it with the outfitter guide's records.

13.3.1.k. An outfitter trip guide qualified on those sections of rivers as listed in subsections 13.1.1 and 13.1.2 of this rule remains qualified if he or she meets the requirements set forth in subdivision 13.3.1.j of this rule.

13.3.1.l. Commercial Whitewater Guides used on Outfitter Trips. An outfitter may employ or utilize a qualified commercial whitewater guide on an outfitter trip for any river section listed under section 13.1 of this rule. Such guide must be qualified for each river section that he or she guides on and the outfitter must first obtain a copy of that guides whitewater guide trainee information sheet before utilizing or employing him or her and the outfitter must also maintain such record for two years after that last date the guide was utilized or employed. However, an outfitter guide shall not be used or employed by a commercial whitewater outfitter in the same manner.

13.3.1.m. All guides providing services for outfitter trips in this state shall, while providing such services, conform to the standard of care expected of members of their profession.

13.4. Outfitter Guide Trainee Information Sheet.

13.4.1. Individual guides are responsible for completing the Outfitter Guide Trainee Information Sheet furnished by the division. The outfitter shall provide forms to individual guides or guide trainees.

13.4.2. An outfitter shall not employ a guide trainee to guide an outfitter trip until it has received the outfitter guide trainee's information sheet.

13.4.3. A West Virginia outfitter guide is not required to supplement the outfitter guide trainee information sheet except to show qualifications for additional rivers or sections that require a certified outfitter guide.

13.4.4. The outfitter is responsible for keeping on file the original or a certified copy of the original completed outfitter guide trainee information sheet. These records shall be maintained by the outfitter for two years following the guide’s last date of employment. The outfitter shall provide the guide or outfitter guide trainee with a certified copy of the outfitter trainee information sheet and upon request, shall forward a copy to the Division of Natural Resources, Law Enforcement Section, 324 Fourth Avenue, South Charleston, West Virginia 25303-1228.

13.4.5. Regarding new hires. Guides and outfitter guide trainees shall submit the completed Outfitter Guide Trainee Information Sheet on the first day of employment with an outfitter.

13.4.6. Documents relating to any of the requirements of this rule shall be maintained by the outfitter for inspection by the director or his or her representative.

13.5. Outfitter Operations.

13.5.1. While underway each passenger, outfitter guide trainee and outfitter trip guide shall have readily available a personal flotation device of an appropriate design and fit for each activity type and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R. §175.13 2014 et seq. as authorized by 46 U.S.C. §4302 and as prescribed in subsection 13.6.1. However, while underway any child under the age of 13 must wear a securely fastened vest-type personal flotation device of an appropriate design and fit for each activity type and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R. §175.13 2014 et seq. as authorized by 46 U.S.C. §4302 and as prescribed in subsection 13.6.1. The outfitter shall maintain all personal flotation devices in a good and serviceable condition.

13.5.2. There shall be a minimum of one outfitter trip guide in each watercraft, except for inflatable kayaks and kayaks, unless otherwise designated in section 14 of this rule. Section 14 requirements shall only apply to rented watercraft on river sections specifically permitting rental watercraft which are listed in section 14. There are no trip leader requirements for outfitter trips.

13.5.3. Each outfitter trip using kayaks or inflatable kayaks shall have a minimum of one outfitter trip guide for each six customers or any portion thereof on any river section listed under section 13.1 of this rule unless stated otherwise. However;

13.5.3.a. Only one outfitter guide is required for outfitter trips using inflatable kayaks and kayaks on the Gauley River from Mason’s Branch to Upper Swiss if the river flow is under 1000 cubic feet per second.

13.5.3.b. Outfitter trips using kayaks or inflatable kayaks on the New River from the confluence of Manns Creek to Teays Landing as listed in subsection 13.1.1 of this rule shall be restricted to nine customers per day per license and the outfitter must have a ratio of one outfitter trip guide per three customers. These type of outfitter trips are not permitted in this section of the New River on Saturdays between Memorial Day and Labor Day.

13.6. Outfitter Equipment.

13.6.1. An outfitter shall provide to each passenger to be transported in a watercraft by the outfitter a readily accessible vest-type personal flotation device of an appropriate design and fit for each activity and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R. §175.13 2014 et seq. as authorized by 46 U.S.C. §4302. However, while underway any child under the age of 13 must wear a securely fastened vest-type personal flotation device of an appropriate design and fit for each activity type and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R. §175.13 2014 et seq. as authorized by 46 U.S.C. §4302.

13.6.2. The minimum raft size that may be used on any river section listed under section 13.1 of this rule is an eight-foot, two compartmentalized raft. The size of raft shall be measured from the outside tube surface in the bow to the outside tube surface in the stern when fully inflated, plus or minus six inches.

13.6.3. Gauley River. At flows more than 1,000 cubic feet per second between Summersville Dam and Sweet's Falls, the minimum watercraft size shall be a 12-foot, four compartmentalized watercraft.

13.6.4. Every outfitter trip shall be equipped with the following:

13.6.4.a. At least one first aid kit per trip.

13.6.4.b. At the beginning of each trip, each outfitter trip guide shall possess at least one throw line or throw bag not less than 40 feet in length.

13.6.4.c. All watercraft used by an outfitter shall be marked with its name, initials, or an easily recognizable logo, and shall be plainly visible and legible from 100 feet.

W. Va. Code R. § 58-12-14 Designated Rental Sections, Operations and Equipment in Whitewater Zones

14.1. Gauley River: From the bridge at Jodie to the confluence at Gauley Bridge commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the Gauley River. Trip guides are not required to accompany these rental trips.

14.1.2. Renting of any vessel or watercraft is not permitted at river flows more than 8,000 cubic feet per second as determined by the U.S. Army Corp of Engineers for the Belva location.

14.2. New River: From the confluence of the Greenbrier River and the New River to the top of Brooks Falls commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand-up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the New River. Trip guides are not required to accompany these rental trips.

14.2.1. Inner tubes are not permitted at river flows more than 7,000 cubic feet per second as determined by the U.S. Army Corp of Engineers for the Hinton location.

14.2.2. Renting of any vessel or watercraft is not permitted at river flows more than 10,000 cubic feet per second as determined by the U.S. Army Corp of Engineers for the Hinton location.

14.3. New River: From Stonecliff to Dunglen, commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand-up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the New River. Trip guides are not required to accompany these rental trips.

14.3.1. Inner tubes are not permitted at river flows more than 5,000 cubic feet per second as determined by the U.S. Army Corp of Engineers Hinton location.

14.3.2. Renting of any vessel or watercraft is not permitted at river flows more than 10,000 cubic feet per second as determined by the U.S. Army Corps of Engineers for the Thurmond location.

14.4. New River: From below Sandstone Falls to Meadow Creek commercial whitewater outfitters and outfitters licensed on this section may rent canoes, inflatable kayaks, kayaks, stand-up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the New River. Trip guides are not required to accompany these rental trips.

14.4.1. Inner Tubes are prohibited on this section.

14.4.2. Renting of any vessel or watercraft is prohibited at river flows more than 10,000 cubic feet per second as determined by the U.S. Army Corp of Engineers for the Hinton location.

14.5. New River: From the railroad bridge at Gauley Bridge to the confluence with the Gauley River commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the New River. Trip guides are not required to accompany these rental trips.

14.5.1. Renting of any vessel or watercraft is prohibited at river flows more than 10,000 cubic feet per second as determined by the U.S. Army Corp of Engineers for the Thurmond location.

14.6. New River: From Teays Landing down to the railroad bridge at Hawks Nest State Park commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the New River. Trip guides are not required to accompany these rental trips.

14.6.1. Renting of any vessel or watercraft is prohibited at river flows more than 10,000 cubic feet per second as determined by the U.S. Army Corps of Engineers for the Thurmond location.

14.7. Shenandoah River: From the West Virginia border to Millville, commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand-up paddle boards, and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the Shenandoah River. Trip guides are not required to accompany these rental trips.

14.7.1. Renting of any vessel or watercraft is prohibited at water levels above six feet as determined by the U.S. Geological Survey Millville gauge.

14.8. Additional safety requirements for all rental sections. The following shall apply to all rentals under section 14 of this rule.

14.8.1. Proper instruction on the use of watercraft, safety, and river etiquette is required to be given by the commercial whitewater outfitter or outfitter.

14.8.2. Commercial whitewater outfitters and outfitters licensed to provide rental services under section 14 of this rule shall provide to each participant a vest-type personal flotation device of an appropriate design and fit for each activity and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R. §175.13 2014 et seq. as authorized by 46 U.S.C. §4302, While underway, each participant shall comply with W. Va. Code of State Rules, Title 58 Series 25 3.1.3., Boating Rule when using rental equipment.

14.8.3. Inner tubes shall be a commercial grade tube designed for river float trips in good working order and measuring at least 40 inches in diameter with two air chambers.

14.9. Rental of any watercraft or vessel for any purpose is prohibited on any section of all whitewater zones listed in sections 3.1 and 9.12 of this rule except those permitted under this section of this rule.

W. Va. Code R. § 58-12-15 Enforcement and Penalties

15.1. The Division may refer violations of the provisions of this rule to the appropriate law enforcement or prosecutor’s office for criminal prosecution.

15.2. Modification, Suspension or Revocation of License. If the director determines a pattern of violations of any requirement of this rule or any term or condition of a license exists or has existed as a result of the commercial whitewater outfitter’s or outfitter’s lack of reasonable care or diligence, or that the violations are willfully caused by it, the director shall immediately issue an order directing the commercial whitewater outfitter or outfitter to show cause why the license should not be modified, suspended, or revoked and giving 30 days in which to request a hearing subject to the provisions of W. Va. Code §29A-5-1 et. seq. Within 60 days following the hearing, the director shall issue and furnish to the commercial whitewater outfitter or outfitter a written decision, and the reasons for the decision, concerning the modification, suspension, or revocation of license. For failing to show cause, the director may modify, suspend, or revoke the license, forfeit the commercial whitewater outfitter’s bond posted under W. Va. Code §20-2-23d or outfitter’s bond posted under W. Va. Code §20-2-26, and give notice to the Attorney General of the State to seek collection of the forfeiture without delay.

15.3. License modification, suspension, and revocation procedures are governed by the provisions of W. Va. Code §29A-5-1 et seq. unless otherwise specified in this rule.

W. Va. Code R. § 58-12-16 Appeals. 16.1 The terms and conditions of a license are appealable under the provisions of W. Va. Code §51-11-1 et seq. and W. Va. Code §29A-5-4

58CSR12

58CSR12

Series 13 Contracted Extraordinary Law Enforcement Services

W. Va. Code R. § 58-13-1 General

1.1. Scope. -- This rule specifies the conditions under which conservation officers of the Division of Natural Resources may perform extraordinary law enforcement services and establishes the procedure to be followed in their employment.

1.2. Authority. -- W. Va. Code '20-7-1(e).

1.3. Filing Date. -- May 20, 1997.

1.4. Effective Date. -- June 27, 1998.

W. Va. Code R. § 58-13-2 Definitions

2.1. AChief@ -- means the Chief of the Law Enforcement Section of the Division of Natural Resources.

2.2. ADeputy Chief@ -- means the Deputy Chief of the Law Enforcement Section of the Division of Natural Resources.

2.3. ACaptain@ -- means the supervisory officer in an assigned Region.

2.4. AOfficer@ -- Means a Conservation Officer of the Division of Natural Resources.

2.5. AContracted Services@ -- means those services determined by the Chief to be in the public interest performed by an officer pursuant to a contractual agreement with a public, quasi-public, military or private entity when the service is not prohibited by law and when the service would not have been otherwise performed by the Division.

2.6. ACompensatory Day Off@ -- means that time off duty awarded to a member of the Division as compensation for working on a designated state or national holiday, or as compensation for accrued overtime hours worked.

2.7. ADivision@ -- means the West Virginia Division of Natural Resources Law Enforcement Section.

W. Va. Code R. § 58-13-3 Application for Contracted Extraordinary Law Enforcement Services

3.1. Requests for contracted extraordinary law enforcement services must be made, in writing, to the Chief and shall explain the funding source and the authority under which the request is made.

3.2. Approval may only be granted if an adequate number of officers are available for assignment.

3.3. The Chief shall not grant approval of a request for any contractual employment in circumstances involving labor disputes.

W. Va. Code R. § 58-13-4 Contract Guidelines

4.1. The Chief shall enter into a contract for all contracted extraordinary law enforcement services as required by W. Va. Code '20-7-1(e).

4.2. All contracts shall contain provisions that the contractual employer agrees to hold harmless and indemnify the State of West Virginia, the Division of Natural Resources, and the Division=s officers and employees from any liability arising from the contractual employment.

4.3. The total cost of the services and the number of hours contracted for shall not exceed those outlined in the contract unless new terms are subsequently agreed to, in writing, by both parties.

4.4. The Chief or Deputy Chief are the only persons authorized to negotiate contract provisions.

4.5. The Chief or Deputy Chief shall negotiate compensation rates for contracted services on a man-hour basis with consideration given for costs which may include, but not be limited to, salary, employee benefits, equipment, gasoline, oil, and other motor vehicle/boat related expenses.

4.6. The contractual employer shall pay for services rendered by the Division by check, made payable to the West Virginia Division of Natural Resources Law Enforcement Section, within ten (10) days of receipt of an itemized invoice.

4.7. Officers of the Division shall make all law enforcement decisions encountered by them during contractual employment and the contractual employer shall not dictate or influence, or attempt to dictate or influence, their decisions.

4.8. In the event officers who are assigned to contractual employment are required to return to official duty in response to a public disaster or other emergency, neither the Division of Natural Resources nor any of its officers or employees are liable for any damages incurred as a result of the reassignment.

W. Va. Code R. § 58-13-5 Assignment of Officers

5.1. The Captain or his or her designee shall coordinate the staffing for all approved requests for contractual services.

5.2. Officers accepting contractual employment must be in the following duty status:

a. Day off duty;

b. Annual leave:

c. Compensatory day off;

d. Holiday off duty; or e. Regularly scheduled work day, provided that the officer is off-duty and that there are at least eight hours between the end of the contract work and the scheduled time the officer is to report to duty as a Conservation officer. ` 5.3. Conservation Officers may not accept any contractual employment when the accepting of the employment would interfere with the officer=s ability to perform the primary duties of a Conservation Officer.

5.4. Officers who are currently in, or placed in, the following duty status are not eligible for participation in any contractual employment:

a. Probationary status prior to attending Basic Police Training;

b. Attending Basic Police Training;

c. The first 90 days of employment, if officer is already Certified by the Law Enforcement Training Sub-Committee of the Governor=s Committee on Crime, Delinquency and Correction;

d. Active suspension from duty;

e. Administrative leave;

f. Alternative duty due to a physical or mental condition;

g. Sick Leave;

h. Leave of absence without pay;

i. Military leave;

j. Unauthorized leave; or k. Any other time an officer is not available for duty as a Conservation Officer.

5.5. Officers assigned to contractual employment may use division owned or leased vehicles for transportation to, during and from the location of the employment. The Captain of the Region where the contractual employment is to be performed may establish mileage limitations and/or assign multiple officers to vehicles, if necessary.

5.6. Officers are in an off-duty status while traveling to and from the location of contractual employment, unless specifically instructed otherwise by the Chief or Deputy Chief.

a. Officers enroute to and returning from contractual employment shall initiate any appropriate law enforcement action when a serious violation of the law occurs or a life threatening situation is observed.

W. Va. Code R. § 58-13-6 Compensation

6.1. The Division=s Payroll Administrator shall compute compensation for officers on contractual employment at a rate to be announced by the Chief at the beginning of any contract period regardless of the officer=s classification under the Fair Labor Standards Act or the officer=s normal hourly compensation rate. The Payroll Administrator shall deduct applicable state and federal taxes from the officer=s total contractual employment compensation.

6.2. The Payroll Administrator shall make no deduction of retirement contributions from employment compensation and an officer=s retirement benefits shall not be enhanced by participation in contractual employment. All other state benefits remain in force during contractual employment.

W. Va. Code R. § 58-13-7 Officer Conduct

7.1. Officers engaged in contractual employment are subject to the same rules, general orders, policies and procedures as on-duty officers.

58CSR13

Series 15 Permits to Kill Deer or Other Wildlife Causing Damage to Cultivated Crops, Trees, Commercial Nurseries and Homeowner's Shrubbery, Vegetable Gardens and Other Property

W. Va. Code R. § 58-15-1 General

1.1. Scope and Purpose. -- The purpose of these regulations is to establish the procedures for obtaining permits to kill deer or other wildlife causing damage to cultivated crops, fruit trees, commercial nurseries and homeowner’s trees, shrubs, vegetable gardens and other property.

1.2. Authority. -- W. Va. Code §20-2-15.

1.3. Filing Date. -- August 28, 2020.

1.4. Effective Date. -- September 28, 2020.

W. Va. Code R. § 58-15-2 Definitions

2.1. “Cultivated Crops” means any crop raised or grown under controlled conditions.

2.2. “Natural Resources Police Officer” or "Officer" means a natural resources police officer who is a full-time employee of the Law Enforcement Section of the West Virginia Division of Natural Resources.

2.3. “Wildlife Biologist" means a full-time employee of the Wildlife Resources Section of the West Virginia Division of Natural Resources who, by reason of his or her knowledge of wildlife biology, acquired through professional education or related practical experience, is qualified to investigate complaints of nuisance wildlife, threats to public safety by wildlife and crop damage by wildlife.

W. Va. Code R. § 58-15-3 Applicability

3.1. Landowners, lessees, or tenants may report to the Division the destruction, damage, or loss of their cultivated crops, fruit trees, commercial nurseries, homeowner’s trees, shrubbery, vegetable gardens, and other property caused by the direct or indirect feeding, nesting, burrowing, building, trampling, or other damage causing activities of deer or other wildlife.

3.2. Authorization provided to kill or remove wildlife that cause property damage is made at the discretion of a natural resources police officer or his or her wildlife biologist designee.

W. Va. Code R. § 58-15-4 Exceptions

4.1. Damage caused by bear, elk, and migratory birds is not covered by these provisions.

W. Va. Code R. § 58-15-5 Authorized Persons

5.1. Persons authorized to kill deer or other wildlife under these provisions shall include only the landowner, lessee, tenants, or persons previously designated by the owner and approved by natural resources police officer or his or her wildlife biologist designee. Permittees may kill designated animals only in the immediate vicinity of the permittees’ damaged crops or damaged property. “Immediate Vicinity” shall be determined by the natural resources police officer or his or her wildlife biologist designee based upon the species in question, neighboring habitat, and other relevant factors and shall be specified in the permit issued.

W. Va. Code R. § 58-15-6 Procedure

6.1. Notification. At the occurrence of damage, the landowner, lessee, or tenant shall notify a local natural resources police officer or Division of Natural Resources district law enforcement office and report his or her name, address, specific location where the damage is occurring, type of damage, and species causing such damage.

6.2. Natural Resources Police Officer Investigation. A natural resources police officer or his or her wildlife biologist designee shall investigate the alleged damage according to the procedures outlined in this rule, complete the necessary wildlife damage forms and permits, and submit completed forms quarterly to the district wildlife biologist.

6.2.1. When satisfied that the landowner, lessee, or tenant is suffering wildlife damage, natural resources police officer or his or her wildlife biologist designee may disregard Section 6.3, complete the Wildlife Damage Investigation Report and mail a copy with kill permits and tags to the complainant.

6.3. Determination of Substantial Damage.

6.3.1. Cultivated Crops and Vegetable Gardens. A natural resources police officer or his or her wildlife biologist designee shall select a starting point in the area the crop or vegetable garden owner indicates damage has occurred and follow along the crop row or a straight line in the case of grain or forage crops. After every five steps he/she shall record if damage is occurring within a one-step radius of that point. If damage can be found at 20% of the sample points, then there is substantial damage.

6.3.2. Fruit Trees, Homeowner’s Trees and Shrubs, and Commercial Nurseries. Damage must occur on 20% of the trees in the portion of the orchard or nursery receiving damage or to 20% of the homeowner’s trees and shrubs. To be included in the calculation, browse damage must occur on at least 10% of the ends of branches at a height of five feet and lower.

W. Va. Code R. § 58-15-7 Issuance of Permits

7.1. Upon making a determination of substantial damage pursuant to section 6.3. of this rule, a natural resources police officer or his or her wildlife biologist designee shall issue a permit identifying the species of wildlife causing the damage and the authorized number of animals which may be taken as follows:

7.1.1. For estimates of five or less animals determined to be causing damage the permittee may be allowed to kill up to 100% of the estimated animals.

7.1.2. For estimates of six to 10 animals determined to be causing damage the permittee may be allowed to kill up to 80% of the estimated animals.

7.1.3. For estimates of more than 10 animals determined to be causing damage, the permittee may be allowed to kill up to 50% of the estimated animals.

7.2. The permittee may not kill more than the number of animals of the designated species of wildlife specified on the permit. No permit will be issued for greater than 25 animals.

W. Va. Code R. § 58-15-8 Duties of Permittees

8.1. All persons listed as designated shooters must possess a valid West Virginia Hunting license or be exempt from that requirement pursuant to W. Va. Code §20-2-27 or §20-2-28.

8.2. All wildlife taken must be immediately tagged with a non-hunting tag supplied by the Division of Natural Resources prior to being removed from the place of kill. Part of the tag shall be completed and affixed to the carcass and the remaining portion completed and returned to the Division of Natural Resources within 48 hours following the date of the kill. Any deer found not properly tagged will be confiscated and is grounds for revocation of the permit.

8.3. It is the responsibility of the permittee for lawful removal and disposal of the wildlife killed. Final disposition of any wildlife is to be reported to the issuing natural resources police officer or his or her wildlife biologist designee as required.

8.4. All wildlife lawfully taken under this provision may be transported beyond the boundaries of the State of West Virginia; providing, that anyone transporting wildlife outside of the State of West Virginia is responsible for complying with any state code or rules that may apply to his or her particular circumstance or place of residence.

8.5. The Wildlife Damage Permit and all unused tags must be returned to the issuing natural resources police officer or his or her wildlife biologist designee within five days following expiration of said permit. Failure to comply with this requirement is grounds for denial of future Wildlife Damage Permit requests.

W. Va. Code R. § 58-15-9 Reoccurrence

9.1. If substantial damage continues or reoccurs after removing deer or other wildlife, then natural resources police officer or his or her wildlife biologist designee may repeat issuing permits provided that the procedures of sections 6 and 7 of this rule are followed, until successive substantial damage ceases.

W. Va. Code R. § 58-15-10 Disposition of Wildlife

10.1. Landowners, lessees, or tenants may retain all wildlife taken.

10.2. Wildlife not retained by the landowner, lessee, or tenant may be given away with prior approval of a natural resources police officer or his or her wildlife biologist designee or buried by the permittee.

10.3. Landowners, lessees, tenants, and previously designated permittees are exempt from the provisions of W. Va. Code §20-2-5i et seq. when disposing of any big game lawfully taken in accordance with this rule.

58CSR15

Series 16 Transporting and Selling Wildlife Parts and Pelts

W. Va. Code R. § 58-16-1 General

1.1. Scope and Purpose. -- The purpose of this rule is to regulate the shipment and sale of the raw furs, pelts, and skins of wildlife, and carcasses for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of furbearing animals.

1.2. Authority. -- W. Va. Code §§20-2-11, 20-2-12 and 20-2-49.

1.3. Filing Date. -- May 16, 2025.

1.4. Effective Date. -- May 19, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 58-16-2 Definitions

2.1. “Carcass” means the skinned or unskinned body of an animal.

2.2. "Division" means the West Virginia Division of Natural Resources.

2.3. "Director" means the director of the West Virginia Division of Natural Resources.

2.4. "Fur-Bearing Animal" means an animal of one of the following species: beaver; bobcat; coyote; fisher; gray fox; mink; muskrat; opossum; otter; raccoon; red fox; spotted skunk; striped skunk; or weasel.

2.5. "Hide" means a fresh or dressed skin that has been stripped from an animal.

2.6. "Licensed Hunter or Trapper" means a person who takes fur-bearing animals in this State under a valid Class A, AAH, AH, AHJ, AAHJ, A-L, A-L-I, AB-L, AB-L-I, E, E-L, X, XJ, XXJ or XS license or who is by statute exempt from such licensing.

2.7. "Licensee" means a person who has been issued a fur dealer's license or an agent's permit by the Division.

2.8. "Raw Fur, Pelt, or Skin" means a fresh or dressed skin, with its hair either removed or remaining, that has been either stripped from an animal or left attached to its carcass.

W. Va. Code R. § 58-16-3 Shipping Tags

3.1. No person may ship, transport, or carry by any means the raw fur, pelt, or skin, or carcass for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of a fur-bearing animal taken within this State to a point outside of the State unless such shipment has a Division shipping tag visibly attached.

3.1.1. Shipping tags for commercial fur dealers may be obtained free of charge from any Division of Natural Resources office statewide. Shipping tags for individual hunters and trappers may be obtained free of charge from any Division of Natural Resources office or licensing agent statewide.

3.1.2. One part of the shipping tag must be attached to the outside of the package or container that will be shipped, transported, or otherwise carried. The other part of the tag must be completed and returned to the Division within 24 hours of shipment.

W. Va. Code R. § 58-16-4 Fur Dealer Licensing

4.1. Except as provided in subsection 4.1.1 of these regulations, no person may buy or sell in this State the raw fur, pelt, or skin, or carcass for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of any fur-bearing animal unless he or she has a valid fur dealer's license or agent's permit issued by the Division.

4.1.1. A licensed hunter or trapper need not obtain a fur dealer's license or agent's permit from the Division in order to sell the raw fur, pelt, or skin, or carcass for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of a fur-bearing animal which was legally taken by him or her in this State.

4.2. Except as provided in subsections 4.2.1 and 4.2.2 of these regulations, no person may have in his or her possession the raw fur, pelt, or skin, or carcass for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of any fur-bearing animal within the period beginning 10 days after the end of the open season on such fur-bearing animal and ending with the first day of the next succeeding open season unless he or she has a valid fur dealer's license or agent's permit issued by the Division.

4.2.1. No person may have in his possession the untagged raw fur, pelt, or skin, or carcass for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of beaver within the period beginning 30 days after the end of the open season on beaver and ending with the first day of the next succeeding open season unless he or she has a valid fur dealer's license or agent's permit issued by the Division.

4.2.2. A licensed hunter or trapper need not obtain a fur dealer's license or agent's permit from the Division, but instead must obtain written permission from the director, in order to retain in his or her possession the raw fur, pelt, or skin, or carcass for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of a fur-bearing animal which was legally taken by him or her in this State.

4.3. All fur dealer's licenses and agent's permits will be issued by Division in accordance with the procedures found in W. Va. Code of State Rules, Title 58 Series 17, Fur Dealer Transactions.

W. Va. Code R. § 58-16-5 Fur Dealer Record Keeping

5.1. A person who has been issued a fur dealer's license by the Division must maintain records of all purchases and sales of the raw furs, pelts, or skins, or carcass for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of furbearing animals and the hides of big game animals.

5.2. The records of any person who has been issued a fur dealer's license by the Division may be inspected during normal business hours by a Division natural resources police officer to assure compliance with all requirements mandated by statute or regulation or by the terms and conditions of the fur dealer's license.

W. Va. Code R. § 58-16-6 Fur Dealer Reporting

6.1. A person who has been issued a fur dealer's license by the Division must file transaction reports detailing all purchases and sales of the raw furs, pelts, or skins, or carcass for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of fur-bearing animals and the hides of big game animals in accordance with the procedures found in W. Va. Code of State Rules, Title 58 Series 17, Fur Dealer Transactions.

6.2. Failure by a licensed fur dealer to file transaction reports on time, or refusal to file such reports, constitutes cause for license revocation under section 7 of these regulations.

6.3. Failure by a licensed fur dealer to file transaction reports which are accurate, legible, and complete constitutes cause for license revocation under section 7 of these regulations.

W. Va. Code R. § 58-16-7 License and Permit Revocations

7.1. If the director determines that a violation of any requirement of this rule or any term or condition of a fur dealer's license or an agent's permit exists or has existed, the director may issue an order directing the licensee to show cause why his license or permit should not be revoked.

7.2. The show-cause order will provide the licensee with 30 days in which to respond.

7.3. The licensee must respond to the show-cause order either by submitting a written explanation to the director or by requesting an informal hearing before the director.

7.4. Upon a licensee's failure to show cause why his license or permit should not be revoked, the director may revoke the license or permit upon the issuance of a written decision, and the reasons therefor, concerning the action taken.

W. Va. Code R. § 58-16-8 Penalties

8.1. Penalty for Failure to Attach or Submit Shipping Tag. A person who ships, transports, or carries by any means the raw fur, pelt, or skin, or carcass for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of a fur-bearing animal taken within this State to a point outside of the State, but fails to follow the provisions of these regulations related to shipping tags, is subject to the penalties prescribed in W. Va. Code §20-2-12.

8.2. Penalty for Failure to Obtain a License or Permit. A person who engages in the purchase or sale in this State of the raw furs, pelts, or skins, or carcass for the making of lures and baits, carcass parts, including skulls, claws and bones, and urine of fur-bearing animals, but fails to obtain the necessary license or permit from the Division, is subject under W. Va. Code §20-2-2 to the penalties prescribed in W. Va. Code §20-7-9.

8.3. Penalty for License or Permit Violation. A person who violates the terms and conditions of his license or permit is subject to the penalties prescribed in W. Va. Code §20-7-9.

58CSR16

Series 17 Fur Dealer Transactions

W. Va. Code R. § 58-17-1 General

1.1. Scope. -- This rule establishes procedures concerning the application for and renewal of fur dealer's licenses and agent's permits issued by the Division under W. Va. Code '20-2-49 and the keeping of records and submission of reports associated with such licenses and permits.

1.2. Authority. -- W. Va. Code '20-1-7(30).

1.3. Filing Date. -- September 10, 1996.

1.4. Effective Date. -- September 10, 1996.

W. Va. Code R. § 58-17-2 Definitions

2.1. "Applicant" means a person of at least eighteen (18) years of age who is applying for a fur dealer's license or agent's permit issued by the Division under the provisions of W. Va. Code '20-2-49.

2.1.1. A resident county fur dealer's license will be issued only to persons who have been bona fide residents of this State for a period of at least six (6) months prior to the date of application and of a county in which the privilege is to be exercised. This license applies only to the county for which it is issued and to such adjacent counties as are designated in the license.

2.1.2. A resident statewide fur dealer's license will be issued only to persons who have been bona fide residents of this State for a period of at least six (6) months prior to the date of application. This license applies to all counties in the State.

2.1.3. A nonresident statewide fur dealer's license will be issued only to nonresidents. This license applies to all counties in the State.

2.1.4. An agent's permit will be issued to a person employed by a licensed fur dealer in order that the permittee may act as an agent of the licensed fur dealer at places other than the dealer's place of business. This permit applies only to those counties of the State designated on the employer's fur dealer's license.

2.2. "Chief" means the Chief of the Law Enforcement Section of the West Virginia Division of Natural Resources.

2.3. "Section" means the Law Enforcement Section of the West Virginia Division of Natural Resources.

2.4. "Licensee" means a person who has been issued a fur dealer's license or an agent's permit by the Division.

W. Va. Code R. § 58-17-3 Application Submission and Review

3.1. An applicant for a resident county or resident statewide fur dealer's license must complete and submit the application form found in Appendix A of this rule to the address provided on that form. Each agent employed by the applicant must complete the appropriate section on the reverse side of the application form in order to obtain an agent's permit.

3.2. An applicant for a nonresident statewide fur dealer's license must complete and submit the application form found in Appendix B of this rule to the address provided on that form. Each agent employed by the applicant must complete the appropriate section on the reverse side of the application form in order to obtain an agent's permit.

3.3. An application will not be considered to be complete unless the specified licensing fees are attached to the submitted application form.

3.4. Licensing fee payments must be made by personal check or money order payable to the West Virginia Division of Natural Resources.

W. Va. Code R. § 58-17-4 Renewal of Issued Licenses and Permits

4.1. A license or permit issued under this rule shall expire on December 31 of the year of issue.

4.2. A licensee may seek to renew an issued license or permit by submitting an updated application to the Division by no later than November 30 of the year of issue.

4.3. Division personnel will review each renewal application and then recommend to the chief that the license or permit renewal sought by the applicant be either granted or denied.

4.3.1. Failure by a licensed fur dealer to file transaction reports on time, or refusal to file such reports, constitutes cause for denying an application for license renewal.

4.3.2. Failure by a licensed fur dealer to file transaction reports which are accurate, legible, and complete constitutes cause for denying an application for license renewal.

4.4. If the Chief accepts a recommendation to deny the granting of a license or permit renewal, he or she will notify the applicant of the denial and the reasons therefor.

W. Va. Code R. § 58-17-5 Transaction Reporting

5.1. Reports detailing the purchases made by a licensee between April 1 of the preceding year and March 31 must be submitted to the Chief by not later than April 15 of each year.

5.2. Reports detailing the sales made by a licensee between April 1 of the preceding year and March 31 must be submitted to the Chief by not later than April 15 of each year.

5.3. All reports of fur dealer transactions must be submitted to the Division on the forms found in Appendix C of this rule.

APPENDIX A

RESIDENT COUNTY OR STATEWIDE

FUR DEALER'S APPLICATION FORM

WEST VIRGINIA DIVISION OF NATURAL RESOURCES

APPLICATION FOR A RESIDENT FUR DEALER'S LICENSE

(West Virginia Code '20-2-49)

INITIAL APPLICATION () RENEWAL APPLICATION ()

CHECK ONE:

() Resident County License for the Counties of: _______________________________________________ () Resident Statewide License NAME: __________________________________________________ STREET or BOX: __________________________________________ CITY and COUNTY: ________________________________________ STATE and ZIP CODE: _____________________________________ TELEPHONE NUMBER: ____________________________________ CURRENT LICENSE NUMBER: ______________________________ I certify that I have been a domiciled resident of the state of West Virginia for a period of at least six (6) months prior to the date of this application. I agree to abide by the terms and conditions of my license. _____________________________ ______________ (Signature of Applicant) (Date)

Annual Fee for Resident County License: $1.00 per county RETURN TO:

WV Division of Natural Resources Annual Fee for Resident Statewide License: $10.00 Law Enforcement Section Annual Fee for Agent's Permit: $2.50 for each agent Room 837, Building 3 State Capitol Complex Charleston, WV. 25305 THE FOLLOWING AGENTS ARE EMPLOYED BY THE APPLICANT:

Name of Agent (Street or Box)

(City) (County) (State) (Zip Code) ------------------------------------------------------------------------------------------------------------------- __________________________________________________________ _______________________________________________________________ (City) (County) (State) (Zip Code) ------------------------------------------------------------------------------------------------------------------- ___________________________________________________________ (City) (County) (State) (Zip Code) _________________________ ______________ ___________________________________________________________ (City) (County) (State) (Zip Code)

APPENDIX B

NONRESIDENT STATEWIDE FUR DEALER'S APPLICATION FORM

WEST VIRGINIA DIVISION OF NATURAL RESOURCES

APPLICATION FOR A NONRESIDENT STATEWIDE FUR DEALER'S LICENSE

(West Virginia Code '20-2-49)

INITIAL APPLICATION () RENEWAL APPLICATION ()

NAME: __________________________________________________

STREET or BOX: __________________________________________ CITY and COUNTY: ________________________________________ STATE and ZIP CODE: _____________________________________ TELEPHONE NUMBER: ____________________________________ CURRENT WEST VIRGINIA DNR FUR DEALER'S LICENSE NUMBER: __________________________ I agree to abide by the terms and conditions of my license. _______________________________ _____________ (Signature of Applicant) Date Annual Fee for Nonresident Statewide License: $50.00 RETURN TO:WV Division of Natural Resources Law Enforcement Section Room 837, Building 3 State Capitol Complex Charleston, WV 25305 THE FOLLOWING AGENTS ARE EMPLOYED BY THE APPLICANT: ___________________________________________________________ ______________________________________________________________ (City) (County) (State) (Zip Code) ------------------------------------------------------------------------------------------------------------------- _________________________________________________________ _______________________________________________________________ (City) (County) (State) (Zip Code) ------------------------------------------------------------------------------------------------------------------- ____________________________________________________________ (City) (County) (State) (Zip Code) ___________________________________________________________ ______________________________________________________________ (City) (County) (State) (Zip Code)

APPENDIX C

FUR DEALER TRANSACTION SHEETS

(INSERT TRANSACTION SHEETS HERE)

58CSR17

Series 18 Bear damage

W. Va. Code R. § 58-18-1 General

1.1. Scope. -- This rule establishes the procedures to be followed in presenting and deciding claims of bear damage, and the issuance of bear damage permits, as well as procedures relating to the organization of bear damage hunts under W. Va. Code §20-2-22a.

1.2. Authority. -- W. Va. Code §20-2-22a.

1.3. Filing Date. -- November 3, 2016.

1.4. Effective Date. -- February 2, 2017.

W. Va. Code R. § 58-18-2 Definitions

2.1. "Director" means the director of the West Virginia Division of Natural Resources.

2.2. “Division” means the West Virginia Division of Natural Resources.

2.3. "Livestock" means cattle, horses, goats, swine, sheep or any other animal of the bovine, equine, porcine, ovine or caprine species, and domestic poultry.

2.4. “Natural Resources Police Officer” or "Officer" means a natural resources police officer who is a full-time employee of the Law Enforcement Section of the West Virginia Division of Natural Resources.

2.5. "Section" means the Wildlife Resources Section of the West Virginia Division of Natural Resources.

2.6. "Wildlife Biologist means a full-time employee of the Wildlife Resources Section of the West Virginia Division of Natural Resources who, by reason of his/her knowledge of wildlife biology, acquired through professional education or related practical experience, is qualified to investigate a bear damage complaint or supervise a bear damage hunt.

2.7. All other terms shall have the meaning prescribed in W. Va. Code §20-1-2.

W. Va. Code R. § 58-18-3 Bear Damage Complaint Procedures

3.1. A property owner or lessee who has suffered damage to real or personal property, not excluded in section 5.1 of this rule, including loss occasioned by the injury to or death of livestock or the unborn issue thereof, caused by an act of a bear may complain to any officer for the protection against such bear.

3.1.a. Bear damage involving beehives, fruit trees, livestock or miscellaneous real or personal property must be reported to an officer within forty-eight (48) hours of its occurrence.

3.2. Upon receipt of a bear damage complaint, the officer shall immediately proceed to investigate the circumstances giving rise to such complaint.

3.2.a. If the officer is unable to personally investigate a complaint, he or she shall designate a wildlife biologist to investigate on his/her behalf.

W. Va. Code R. § 58-18-4 Issuance of Permits and Bear Damage Hunts

4.1. If the complaint is found to be justified, the officer or designated wildlife biologist may issue a permit to kill the bear that caused the property damage or may authorize the owner and other residents to proceed to hunt, destroy or capture the bear that caused the property damage: Provided, That only the officer or the wildlife biologist may recommend other measures to end or minimize property damage: Provided, however, that if out-of-state dogs are used in the hunt, the owners of the dogs are the only nonresidents permitted to participate in hunting the bear.

4.1.a. A bear damage hunt may not be organized and/or a kill permit may not be issued in cases where the confirmed bear damage occurred within the boundaries of the United States Forest Service or on a state wildlife management area in which a special land use permit has been issued.

4.2. If a bear damage hunt is organized, the investigating officer or wildlife biologist may summon or use dogs to effectuate the hunting and destruction or capture of the suspect bear.

4.2.a. The investigating officer or wildlife biologist may restrict the number of dogs that may be used in a hunt.

4.2.b. The investigating officer or wildlife biologist may restrict the number of hunters who may participate in a hunt.

4.3. The investigating officer or wildlife biologist may supervise the hunting party and remain in the area of the chase during a bear damage hunt.

4.3.a. One member of the hunting party may be designated by the investigating officer or wildlife biologist as the person in charge of the hunt.

4.3.b. The hunting party will be organized with the understanding that the party will be responsible for having a destroyed bear transported to a road for pick up by Section personnel if deemed necessary. The hunting party must also assist the wildlife biologist in moving a tranquilized bear.

4.4. Only the investigating officer, wildlife biologist, or person designated to be in charge of the hunt may determine if a bear should be destroyed or tranquilized and relocated, or whether, based upon the animal's size and other clues or circumstances relating to the offense, it appears that the bear being hunted is not the bear that caused the confirmed damage.

4.4.a. If the investigating officer, wildlife biologist or person designated to be in charge of the hunt determines that the bear being hunted is not the suspect animal, the hunt must be disbanded.

4.5. If a suspect bear is destroyed during a hunt which does not include an officer or wildlife biologist, the person designated to be in charge of the hunt must notify the appropriate Section personnel so that they can be instructed as to which biological information will be collected.

4.6. The offal of all livestock killed by a bear will be removed or buried by the property owner immediately after the completion of the complaint investigation conducted under Section 3.2 of this rule.

W. Va. Code R. § 58-18-5 Bear Damage Claims Procedures

5.1. When a property owner has suffered damage to real or personal property as the result of an act by a bear, the owner shall file a report with the director of the division. A bear damage report shall be completed by an officer or wildlife biologist of the division and shall state whether or not the bear was hunted and destroyed or killed under authorization of a depredation permit and, if so, the sex and weight shall be recorded and a premolar tooth collected from the bear, all of which shall be submitted with the report. The report shall also include an appraisal of the property damage occasioned by the bear fixing the value of the property lost. Bear damage claims will not be accepted for personal and real property which is commonly used for the purposes of feeding, baiting, observing or hunting wildlife, including, but not limited to, hunting blinds, tree stands, artificial feeders, game or trail cameras and crops planted for the purposes of feeding or baiting wildlife.

5.2. Claims associated with damage to bee hives require a copy of the owner’s current apiary certificate of registration as in accordance with the provisions of W. Va. Code §19-13-4. Claims which do not have a current apiary certification of registration as of the date the damage occurred are not eligible for payment from the bear damage fund.

5.3. The investigating officer will assist the property owner in completing the appropriate forms for claims in which the value is set by the Section based upon current market prices in consultation with state and federal agricultural agencies and in which assessment guidelines and forms have been developed by the Section including, but not limited to, claims associated with corn [grain and silage], fruit trees, livestock and bees. In these situations, three estimates of value are not required.

5.3.a. The property owner must submit his/her completed Bear Damage Report form, with the completed assessment form(s) attached, to the investigating officer within thirty (30) days of the date of damage reported under Section 3.1 of this rule.

5.3.b. The investigating officer or biologist of the Division will then approve and submit the completed Bear Damage Report, with all of the completed assessment forms attached, to the director or his/her designee for final review and processing, within sixty (60) days of the date of damage reported under Section 3.1 of this rule.

5.3.c. Bear damage reports which are requesting payment in excess of the maximum values established on the Section forms require additional proof justifying the higher values (i.e., a recent bill of sale or increased crop yield certified by the federal government or another agricultural entity).

5.4. Claims associated with real and personnel property not identified in section 5.3 of this rule will require three estimates of the cost of the damage to be provided with the completed Bear Damage Report form. One appraiser will be selected by the property owner, one appraiser will be selected by the investigating officer, and one appraiser will be selected jointly by the property owner and the Division.

5.4.a. The property damage assessment will be ruled upon and the alleged damages examined by a three-member appraisal review commission composed of the complaining property owner, the investigating officer or biologist of the Division, and a person to be selected jointly by the complaining property owner and the officer of the Division.

5.4.b. Each member of the appraisal review commission will decide if the damage claim is or is not valid.

5.4.b.a. If the appraisal review commission, by unanimous decision, decides that the damage claim is valid, the commission shall recommend a dollar amount to be paid to the property owner based upon the appraisal attached to the Bear Damage Report. The property owner must submit his/her completed Bear Damage Report form, with the completed assessment form attached, to the investigating officer within thirty (30) days of the date of damage reported under Section 3.1 of this rule.

5.4.c. The investigating officer or biologist of the Division will then submit the completed Bear Damage Report, with all of the completed assessment forms attached, to the director or his/her designee for final review and processing within sixty (60) days of the date of damage reported under Section 3.1 of this rule.

5.4.d. Claims will not be accepted for vehicle damage associated with the driver of a vehicle striking a bear on a public highway. Bear damage claims will be processed for bear damaging parked vehicles.

5.5. Payment of a bear damage claim will be made upon the receipt of a completed Bear Damage Report and validated claim which complies with the provisions of this rule.

5.5.a. If the director or his/her designee determines that either the property owner, selected appraisers or the appraisal review commission failed to properly comply with the provisions of this rule, he or she may direct the commission to reconsider its recommendation.

5.5.b. Bear damage claim payments shall be made in accordance with the provisions of W. Va. Code §20-2-22a. All claims shall be paid in the first instance from the Bear Damage Fund: Provided, That the claimant shall submit accurate information as to whether he or she is insured for the damages caused by the acts of bear on forms prescribed by the director, and all damage claims shall first be made by the claimant against any insurance policies before payment may be approved from the Bear Damage Fund. Claims for an award of compensation from the Bear Damage Fund shall be reduced or denied in the amount the claimant is actually reimbursed by insurance for the economic loss upon which the claim is based. In the event the fund is insufficient to pay all claims determined by the commission to be just and proper, the remainder due to owners of lost or destroyed property shall be paid from the special revenue account of the division.

5.5.b.1. For those items which are covered under the property owner’s insurance policy (i.e., vehicle, crop, homeowners), the property owner is required to submit a copy of his insurance policy to the officer or wildlife biologist, which clearly identifies the insurance deductible.

W. Va. Code R. § 58-18-6 Bear Damage Appraisals

6.1. In cases where pregnant livestock is killed by a bear, the total appraised value will be the sum of the fair market values of the mother and the unborn issue had it been born.

58CSR18

Series 19 Gun Repair Shop Exemptions

W. Va. Code R. § 58-19-1 General

1.1. Scope. -- The purpose of this rule is to establish the procedures for obtaining a gun repair shop exemption to the law prohibiting the discharge of a firearm within five hundred (500) feet of any dwelling house or within four hundred (400) feet of any schoolhouse or church.

1.2. Authority. -- W. Va. Code ''20-2-58, 61-7-12 and 29A-3.

1.3. Filing Date. -- September 10, 1996.

1.4. Effective Date. -- September 10, 1996.

W. Va. Code R. § 58-19-2 Definitions

2.1. "Applicant" means the operator of a gun repair shop duly licensed under applicable federal and state laws.

2.2. "Application" means an Application for a Gun Repair Shop Exemption in the form prescribed in Appendix A of this rule.

2.3. "Church" means a place of worship other than a dwelling house.

2.4. "Church Representative" means the minister, pastor, priest, rabbi, elder, or other individual duly authorized to represent a church congregation.

2.5. "Division" means the West Virginia Division of Natural Resources.

2.6. "Director" means the director of the West Virginia Division of Natural Resources.

2.7. "Section" means the Law Enforcement Section of the West Virginia Division Of Natural Resources.

2.8. "Exemption" means an exemption from the law prohibiting the discharge of a firearm within five hundred (500) feet of a dwelling house or within four hundred (400) feet of a schoolhouse or church.

2.9. Legal Advertisement means a Class I legal advertisement as defined in W. Va. Code '59-3 et seq.

2.10. Public Notice means an announcement, in the form prescribed in Appendix B of this rule, stating that the operator of a gun repair shop is seeking a grant of exemption from the Division to allow the discharge of firearms on or near the repair shop premises.

W. Va. Code R. § 58-19-3 Application Procedures

3.1. The operator of a gun repair shop seeking an exemption will complete and submit an application to the Law Enforcement Section, Division of Natural Resources, Room 840, 1900 Kanawha Boulevard, East, Charleston, West Virginia 25305.

W. Va. Code R. § 58-19-4 Notice Requirements

4.1. The applicant will send a public notice by certified mail to:

4.1.1. Each head of a household residing within five hundred (500) feet of the test firing site;

4.1.2. The principal of any schoolhouse located within four hundred (400) feet of the test firing site;

4.1.3. The church representative of any church located within four hundred (400) feet of the test firing site.

4.2. Certified mail receipts will be kept by the applicant for inspection by Section personnel until the grant of exemption has been either approved or disapproved by the Division.

4.3. The applicant will also publish a legal advertisement in a newspaper of general circulation in the community in which the applicant's business is located. The advertisement will contain the information provided in the public notice. A copy of the advertisement showing the name of the newspaper and the date of publication will be sent with the application submitted to the Division.

W. Va. Code R. § 58-19-5 Objections To A Grant Of Exemption

5.1. The following individuals may protest the granting of an exemption to an applicant:

5.1.1. Any individual who resides within five hundred (500) feet of the test firing site;

5.1.2. The principal, school personnel, and the parents of students of any schoolhouse located within four hundred (400) feet of a test firing site;

5.1.3. Any member of a church located within four hundred (400) feet of a test firing site.

5.2. Division Section personnel will investigate in a timely manner all substantive written objections to the granting of an exemption that are received by the Division within thirty (30) days after the receipt of an application.

W. Va. Code R. § 58-19-6 Inspections

6.1. Test firing facilities will be inspected by Section personnel prior to the granting of an exemption and at any time thereafter when deemed necessary.

APPENDIX A

WEST VIRGINIA DIVISION OF NATURAL RESOURCES

APPLICATION FOR A GUN REPAIR SHOP EXEMPTION

Name and Address of Operator:

Business Name and Address:

County:

WV Business License No: Federal License No:

Location of nearest pistol/rifle range is miles from the premises.

Name, address, and telephone number of each head of household residing within five hundred feet of the test firing site:

Name, address, and telephone number of any schoolhouse located within four hundred feet of the test firing site:

Name, address, and telephone number of any church located within four hundred feet of the test firing site:

The Applicant understands and agrees to comply with the provisions of West Virginia, Division of Natural Resources rule AGun Repair Shop Exemptions@ 58 CSR 20.

Date: Signature of Applicant:

APPENDIX B

PUBLIC NOTICE

Name and Address of Business: is seeking an exemption from the West Virginia Division of Natural Resources to allow firearms to be test fired at:

(Description of Test Firing Site)

Test firing may occur through between the hours of a.m. and p.m. You may protest the granting of this exemption by writing to the Law Enforcement Section, Division of Natural Resources, Room 839, 1900 Kanawha Boulevard, East, Charleston, West Virginia 25305 within fourteen days of the receipt of this notice.

58CSR19

Series 20 Gun Repair Shop Exemptions

W. Va. Code R. § 58-20-1 General

1.1. Scope. -- The purpose of this rule is to provide guidance concerning safety requirements to be followed by gun repair shops under a grant of exemption.

1.2. Authority. -- W. Va. Code ''20-2-58, 61-7-12 and 29A-3.

1.3. Filing Date. -- September 10, 1996.

1.4. Effective Date. -- September 10, 1996.

W. Va. Code R. § 58-20-2 Definitions

2.1. "Applicant" means the operator of a gun repair shop duly licensed under applicable federal and state laws.

2.2. "Exemption" means an exemption from the law prohibiting the discharge of a firearm within five hundred (500) feet of a dwelling house or within four hundred feet (400) of a schoolhouse or church.

2.3. "Person" means also the plural "persons" and includes individuals, partnerships, corporations, or other legal entities.

W. Va. Code R. § 58-20-3 Nontransferability

3.1. A grant of exemption may not be transferred to another person.

3.2. A grant of exemption is void upon the bankruptcy, sale, or cessation of the applicant's gun repair business.

W. Va. Code R. § 58-20-4 Safety Requirements

4.1. All test firing done under a grant of exemption will be by the gun repair shop operator, his/her paid employee, or the owner of the firearm being repaired.

4.2. All test firing will be done into a safe backstop or bullet trap.

W. Va. Code R. § 58-20-5 Revocation Of Exemption

5.1. Failure to maintain a safe test firing area may result in the revocation of the grant of exemption.

5.2. Revocation of a grant of exemption may result in the imposition of criminal penalties as prescribed in W. Va. Code '20-7-9.

58CSR20

Series 21 Wildlife Rehabilitation

W. Va. Code R. § 58-21-1 General

1.1. Scope. -- This rule establishes regulations concerning a wildlife rehabilitation program including the application requirements, permit eligibility requirements, permit renewal requirements, record keeping requirements, care and housing requirements, and definitions.

1.2. Authority. -- W. Va. Code §20-2D-3(f).

1.3. Filing Date. -- April 30, 2026.

1.4. Effective Date. -- July 1, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 58-21-2 Definitions

2.1. “Certified Wildlife Rehabilitator or CWR” means a person who has received this designation through certification by the International Wildlife Rehabilitation Council.

2.2. “IWRC” means the International Wildlife Rehabilitation Council.

2.3. “Orphan wildlife” means any healthy or injured young animal, still dependent on parental care for survival, that is found under circumstances in which there is a high probability that the parents are dead or not available.

2.4. “Rabies vector species or RVS” means mammals that frequently carry or are common carriers of the rabies virus including racoons, red foxes, gray foxes, striped skunks, coyotes, and all species of bats.

2.5. “Threatened or endangered species” means species that are likely to become endangered or species at serious risk of extinction as designated by the United States Fish and Wildlife Service.

2.6. All other terms have the meaning prescribed in W. Va. Code §20-1-2.

W. Va. Code R. § 58-21-3 Wildlife Rehabilitation Permit requirements

3.1. An applicant for a wildlife rehabilitation permit must submit an application to the Director or his or her designee on the forms prescribed by the Director.

3.2. The application form shall require the following information:

3.2.1. The applicant’s name, business name, if applicable, mailing address, physical address of the facility, email address, and telephone number.

3.2.2. The applicant’s date of birth.

3.2.3. The applicant’s disclosure of any criminal convictions of Federal, State, or local law or ordinance relating to wildlife, animal welfare, or animal cruelty.

3.2.4. Proof of wildlife handling and care training requirements pursuant to Section 4 of this rule.

3.2.5. List of any in-facility assistants, their age and training.

3.3. An applicant must pass a facility inspection by the Director or his or her Wildlife Resources section designee. Unless otherwise specified by this rule, the facility must follow the standards in the Standards for Wildlife Rehabilitation as established by the IWRC.

3.4. A permit holder of a wildlife rehabilitation permit must submit an annual renewal application to the Director or his or her designee on the forms prescribed by the Director.

3.5. The annual renewal application form shall require the following information:

3.5.1. Annual records required pursuant to Section 7 of this rule.

3.5.2. Any changes to the permittee’s information of record.

3.5.3. Any requested changes in species to be rehabilitated.

W. Va. Code R. § 58-21-4 Training Requirements

4.1. Applicants must submit verification of current active status as a Certified Wildlife Rehabilitator issued by the IWRC.

4.2. All in-facility assistants must submit verification of a degree in animal science or veterinary technology, or successfully passing the Basic Wildlife Rehabilitation class offered through the IWRC.

4.3. Employees or volunteers may provide assistance in a wildlife rehabilitation facility under the direct supervision of the certified wildlife rehabilitator or approved in-facility assistant. For purposes of this section, direct supervision means the supervising rehabilitator must be physically present and immediately available to provide assistance and direction at all times.

W. Va. Code R. § 58-21-5 Wildlife Rehabilitation

5.1. The Director may prohibit the rehabilitation of wildlife species to protect public health and protect the welfare of native wildlife.

5.2. Wildlife having or suspected of having infectious diseases must be kept isolated from all non-infected but susceptible wildlife. Newly acquired wildlife must be housed separately upon receipt until it has been established that they are free from infectious diseases that can be transmitted to other wildlife.

5.3. Unless otherwise specified in this rule, wildlife rehabilitators must adhere to the best practices and standards for wildlife rehabilitation as established by the IWRC.

5.4. Wildlife captured, trapped, or otherwise collected by a licensed Wildlife Damage Control Agent may not be accepted for rehabilitation.

5.5. No individual wildlife may be rehabilitated by a permit holder for more than 180 days, unless otherwise approved by the Director.

5.6. Rehabilitated wildlife may not be released on private or public lands without written landowner permission.

5.7. Wildlife may be transferred to another permitted facility within the first 24 hours of captivity when a wildlife rehabilitation facility is at capacity. Transfers must be made to the nearest lawfully permitted facility capable of caring for the wildlife. If no facility is available, the wildlife must be euthanized or turned over to the Director or his or her designee.

5.8. The Director must provide written approval for non-releasable wildlife to be retained by a wildlife rehabilitator in accordance with W. Va. Code §20-2D-6(d).

5.9. Wildlife being rehabilitated must be housed separately from domestic animals or livestock in a manner that prepares them for return to the wild and reduces the likelihood of habituation to humans.

5.10. Permit holders must keep accurate and complete records of all wildlife in their care on forms approved by the Division. When renewing their permit, permit holders must submit copies of these forms for the entirety of the previous year.

5.11. Social media posts made by permit holders, in-facility assistants, or facilities must in good faith work toward educating the public regarding wildlife, their habitats, their life cycles, that interaction with wildlife is never recommended, and how to safely interact with wildlife as a last resort.

W. Va. Code R. § 58-21-6 Rehabilitation of Rabies Vector Species

6.1. The Director may authorize the rehabilitation of rabies vector species provided the rehabilitator has completed adequate training for RVS in accordance with IWRC guidelines and has demonstrated proof of either rabies immunization or an adequate titer against rabies within two years of the date of application for the rehabilitator and in-facility assistants.

6.2. All rehabilitation facilities handling RVS must have a rabies exposure contingency plan that must include the name and telephone number of the local county Health Department, the name of the county sanitarian, and the after-hours number for the West Virginia Department of Health. All staff working at the rehabilitation facility must be informed of and trained in the use of this plan, and the plan must be permanently posted on the premises in an easily accessible location.

6.3. Any potential rabies exposure, even among those persons who have received pre-exposure prophylaxis against rabies and/or who demonstrate an adequate titer against rabies, must be immediately reported to the county health department to determine if post-exposure treatment is necessary and if rabies testing is required. Rehabilitators shall euthanize or humanely dispatch the wildlife, using a method in accordance with AVMA guidelines that does not damage the brain, and surrender to the Health Department any animal that must be tested for rabies subsequent to a potential exposure.

6.4. If orphans or infant RVS are combined into litters, they must be marked in such a manner as to differentiate individuals using a method at the discretion of the rehabilitator and their consulting veterinarian. If animals are combined in a litter, all animals from the combined litter must be released as near as possible to the original capture location, and within the county, of the animal(s) in the litter that were captured.

6.5. RVS other than raccoons showing signs of illness must be held for at minimum 30 days with no signs of rabies before being released in the same county, and as near as possible to the original capture site, as possible. RVS animals admitted to rehabilitation with no obvious signs of illness or injury may be immediately released to their capture location.

6.6. Raccoons showing signs of illness must be held for a minimum of 65 days with no signs of rabies before being permissible for release in the same county, and as near as possible to the original capture site, as possible. Individual racoons admitted to rehabilitation with no obvious signs of illness or injury may be immediately released to their capture location.

W. Va. Code R. § 58-21-7 Reporting

7.1. Wildlife rehabilitators are required to submit an annual report to the Director. For migratory species, a copy of the Federal permit annual report will be acceptable. Reports must include the following:

7.1.1. Species admitted for rehabilitation.

7.1.2. Date admitted.

7.1.3. The county from which wildlife was admitted.

7.1.4. Presenting injury, disease condition, or problem.

7.1.5. Final disposition, including location of release if applicable, of each animal.

7.1.6. Band or tag number, where applicable.

7.1.7. Data regarding disease diagnosis or confirmation for each animal.

7.2. Wildlife rehabilitators must report any sick wildlife and any reportable wildlife disease, as defined by the Director, to the Division of Natural Resources within 24 hours of confirmation.

Series 23 Revocation of Hunting and Fishing Licenses

W. Va. Code R. § 58-23-1 General

1.1. Scope. -- This legislative rule establishes procedures to govern the revocation and restoration of hunting and fishing licenses and the assignment of points for violations of hunting or fishing laws and rules.

1.2. Authority. -- W. Va. Code §20-1-7(31) and §20-2-38.

1.3. Filing Date. -- April 19, 2024.

1.4. Effective Date. -- April 19, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 58-23-2 Definitions

2.1. "Division" means the West Virginia Division of Natural Resources.

2.2. “License” means a hunting or fishing license or lawful authorization to hunt or fish when a license or permit is not required, and any associated tags or stamps, issued or authorized by the Division in accordance with provisions of W. Va. Code §§ 20-2-1 et seq or 20-2B-1 et seq.

2.3. "Lifetime License" means a Class A-L, Class AB-L, Class B-L, Class O-L, Lifetime Class A-1 or Class XS license issued by the Division in accordance with the provisions of W. Va. Code §§20-2B-1 et seq and 20-2-40b.

2.4. All other terms have the meaning prescribed to them in W. Va. Code §20-1-2.

W. Va. Code R. § 58-23-3 Revocation of Licenses

3.1. The director shall revoke a license or licenses for the following causes:

3.1.1. Negligent Shooting. Except as provided in subsection 5.1.1. of this rule, the hunting and fishing licenses of any person convicted of negligent shooting under the provisions of W. Va. Code §20-2-57 shall be revoked and license privileges shall be suspended for a period of five years. The suspension period begins on the date of conviction;

3.1.2. Amassed Points. The hunting and fishing licenses of any person who amasses 10 or more points in any two-year period shall be revoked and license privileges shall be suspended for a period of two years. The suspension period begins on the date on which the 10-point total was reached.

3.1.3. False Application. The hunting and fishing licenses of any person who obtained a license or licenses under false pretenses or otherwise in violation of the provisions of W. Va. Code §20-2-30 shall be revoked and license privileges shall be suspended for a period of one year. The suspension period begins on the date of the revocation of the license or licenses.

3.1.4. Bear violations. Except as set forth in subsection 6.4.8. of this rule, the hunting and fishing licenses of any person who is convicted of a violation of the provisions of W.Va. Code §20-2-22a which results in the killing or death of a bear shall be suspended for two years. The hunting and fishing licenses of any person who is convicted of a second violation of W.Va. Code §20-2-22a shall be suspended for five years irrespective of whether the violation results in the killing or death of a bear. The hunting and fishing licenses of any person who is convicted of a third violation of W.Va. Code §20-2-22a shall be suspended for 10 years irrespective of whether the violation results in the killing or death of a bear.

3.1.5. Failure to Pay Fines. The hunting and fishing licenses of any person who fails to pay the costs, fines, forfeitures, or penalties imposed by a magistrate court under the provisions of W. Va. Code §50-3-2a for a violation of the State's hunting or fishing laws or rules shall be revoked and license privileges shall be suspended until the costs, fines, forfeitures, or penalties are paid in full.

3.1.6. Failure to Appear. The hunting and fishing licenses of any person who fails to appear or respond in magistrate court for a violation of the State’s hunting or fishing laws or rules under the provisions of W. Va. Code §50-3-2a shall be revoked and license privileges shall be suspended until final judgment in the case, and, if a judgment of guilty is entered, until all costs, fines, fees, forfeitures, restitution or penalties imposed are paid in full.

3.1.7. Interference with hunters, trappers, and fishermen. The license or licenses of any person convicted of any violation of W. Va. Code §20-2-2a who holds a West Virginia hunting, fishing, or trapping license at the time of conviction shall be revoked for two years. The revocation period begins on the date of conviction.

3.2. If any person is convicted of violating State hunting or fishing laws or rules during the period when his or her license privileges have been suspended, the Director shall extend the suspension period for an additional two years from the ending date of the previous revocation.

3.3. Upon revoking the license or licenses of any person, the Division shall immediately send written notification of the revocation to the licensee by certified mail, return receipt requested, to the address given by the licensee on his or her license application.

3.4. All revocation periods shall commence on the date of conviction of the last offense causing the revocation or at the conclusion of any current revocation period, whichever is later.

W. Va. Code R. § 58-23-4 Surrender of Licenses

4.1. Upon the revocation of any license or licenses the person to whom the same was issued shall, upon having knowledge of such revocation, deliver the license so issued to him or her to the director, his or her agent, or the clerk of any county commission forthwith.

4.1.1. A clerk of a county commission, upon receiving a surrendered license, shall immediately transmit the license to the Division.

4.2. A person shall surrender his or her license to the Division prior to requesting an opportunity for a hearing before the Division under the provisions of Section 8 of this rule.

W. Va. Code R. § 58-23-5 Restoration of License Privileges

5.1. Except as provided in subsections 5.1.1., 5.1.2., and 5.1.3. of this section, any person whose license has been revoked may again purchase the license upon the expiration of any period of suspension set forth in Section 3 of this rule.

5.1.1. Any person convicted of an offense under W. Va. Code §20-2-57, other than a negligent shooting which has resulted in the killing of a human being, may, after the expiration of two years from the date of conviction, submit a written petition to the director seeking the restoration of all hunting and fishing license privileges. If the director, upon a full investigation, finds that the petitioner has paid and satisfied all claims against him or her and the circumstances at the time and the nature of the offense indicate that he or she is not likely again to commit a like or similar offense and that the public good does not require that the petitioner's license privileges remain suspended, the director may enter an order restoring full license privileges to the petitioner.

5.1.2. Any person whose license privileges have been suspended as provided for in subsections 3.1.5. and 3.1.6. of this rule shall, upon the expiration of the period of suspension, pay a reinstatement fee of $50 to the Division in order to regain license privileges.

5.1.2.a. If the license for which privileges were suspended was a lifetime license, the Division shall return the original license to the licensee upon the receipt of the reinstatement fee.

5.1.2.b. If the license for which privileges were suspended would otherwise continue in effect after the expiration of the period of suspension, the Division shall return the original license to the licensee upon the receipt of the reinstatement fee.

5.1.2.c. If the license for which privileges were suspended would otherwise have expired prior to the expiration of the period of suspension, the licensee shall pay the reinstatement fee to the Division prior to again purchasing a hunting or fishing license.

5.1.3. The Division shall return a lifetime license revoked in accordance with the provisions of subsections 3.1.1., 3.1.2., 3.1.4., 3.1.5., 3.1.6., or 3.1.7 of this rule to the licensee upon the expiration of the period of license suspension.

W. Va. Code R. § 58-23-6 Assignment of Points

6.1. Except as provided in sections 6.2, 6.3, and 6.4 of this rule, the Division shall assign four points to a person for any violation of hunting or fishing laws or rules.

6.2. The Division shall assign 10 points to any person found guilty of violating W. Va. Code §20-2-5(3) -- Using or attempting to use any artificial light or any night vision technology, including image intensification, thermal imaging or active illumination while hunting, locating, attracting, taking, trapping, or killing any wild bird or wild animal: Provided, that it is lawful to hunt or take coyote, fox, raccoon, opossum or skunk by the use of artificial light or night vision technology, including any image intensification, thermal imaging, or active illumination.

6.3. The Division shall assign 10 points to any person found guilty of violating W. Va. Code §20-2-5(18) -- using dynamite or any like explosive or poisonous mixture placed in any waters of the State for the purpose of killing or taking fish.

6.4. The Division shall assign six points to any person found guilty of violating any of the following:

6.4.1. W. Va. Code §20-2-4: Illegal possession of wildlife or any part thereof. The Division shall not assign points to any person possessing wildlife or any part thereof that was legally taken during the respective open season.

6.4.2. W. Va. Code §20-2-11: Illegal sale of wildlife.

6.4.3. W. Va. Code §20-2-5 (26): Illegally killing deer, boar, or turkey.

6.4.4. W. Va. Code §20-2-5(4): Hunt, take, kill, wound or shoot at wild animals or wild birds from an airplane or other airborne conveyance, a drone or other unmanned aircraft, an automobile or other land conveyance, or from a motor-driven water conveyance.

6.4.5. W. Va. Code §20-2-5 (14): Taking fish by an illegal method.

6.4.6. W. Va. Code §20-2-5b and W. Va. Code of State Rules, Title 58 Series 60, Fishing Regulations: Exceeding the daily creel limit on trout.

6.4.7. W. Va. Code of State Rules, Title 58 Series 60, Fishing Regulations and W.Va. Code of State Rules, Title 58 Series 61, Special Fishing Rule: Using prohibited bait in a restricted area.

6.4.8. W. Va. Code §20-2-22a: A first offense violation of this section which does not result in the death or killing of a bear.

6.5. Notwithstanding the provisions of this section, points will only be assigned to the violation with the highest point value when more than one charge results from a single incident.

W. Va. Code R. § 58-23-7 Removal of Points

7.1. The Division shall remove points on their second anniversary or upon the restoration of license privileges.

W. Va. Code R. § 58-23-8 Hearing and Appeal Procedures

8.1. Notice of Revocation. Upon revoking the license or licenses of any person, the Division of Natural Resources shall immediately notify the licensee in writing, sent by registered mail to the address given by the licensee in applying for license, and upon his/her request, shall afford an opportunity for a hearing within 30 days after receipt of the request.

8.2. Request for Hearing. Upon receipt of a notice of revocation, the licensee may request an opportunity for a hearing before the Division. The request shall be made in writing to the director within 30 days after the receipt of the revocation notice.

8.3. Hearings. A hearing shall be held by the Division within 30 days after the receipt of a written request from the licensee, conditional upon the receipt of his or her surrendered license in accordance with the provisions of section 4.2 of this rule. The hearing may be conducted in the county in which the licensee resides or any other county designated by the director. A duly authorized agent of the director shall act as the hearings officer. Within 30 days after the hearing, the hearings officer shall issue a finding, and the reasons for the finding, that either upholds or rescinds the revocation. The Division shall immediately send written notification of the finding to the licensee.

8.4. Appeals. The finding of the hearings officer constitutes a final order appealable under the provisions of W. Va. Code §51-11-1 et seq. and W. Va. Code §29A-5-4.

W. Va. Code R. § 58-23-9 License Fee Refunds

9.1. A person whose license has been revoked under the provisions of this rule is not eligible for a license fee refund.

58CSR23

58CSR23

Series 25 Boating Rule

W. Va. Code R. § 58-25-1 General

1.1. Scope. -- This legislative rule establishes standards to govern the operation of motorboats and other vessels on the waters of this State.

1.2. Authority. -- W. Va. Code §§20-1-7(31), 20-7-13, 20-7-16, 20-7-22, 20-7-22a and 20-7-23.

1.3. Filing Date. -- May 16, 2025.

1.4. Effective Date. -- May 19, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 58-25-2 Definitions

2.1. "Coast Guard Approved" means equipment which has been approved by the Commandant of the United States Coast Guard after the equipment has been determined to be in compliance with Coast Guard specifications and regulations relating to the materials, construction, and performance of equipment. The equipment must bear the approval stamp of the United States Coast Guard.

2.2. "Division" means the West Virginia Division of Natural Resources.

2.3. "Fixed System" means a Coast Guard approved fixed fire extinguisher system in a vessel's engine compartment.

2.4. "Government-Owned Reservoir" means a natural or artificial impoundment, lake, pond, or reservoir that is partially or wholly within the territorial limits of West Virginia and is owned or administered by the federal government or by the State or any political subdivision of the State.

2.5. "Open motorboat" means a vessel on which all engine compartments, fuel tank compartments, and other spaces to which explosive or flammable gases and vapors may flow are open to the atmosphere and arranged so as to prevent the entrapment of the gases and vapors within the vessel.

2.6. "Open to the Atmosphere" means a compartment which has at least fifteen (15) square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume.

2.7. "Operate" means to navigate or otherwise use a vessel.

2.8. "Person" includes the plural "persons" and means an individual, partnership, firm, corporation, association, or other legal entity.

2.9. "Personal Watercraft" or "PWC" means a vessel which uses an outboard motor or an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel rather than the conventional manner of sitting or standing inside the vessel.

2.10. "Racing Shell" or "Rowing Scull" means a manually propelled vessel, recognized by a national or international racing association for use in competitive racing, in which all occupants except a coxswain row, scull, or paddle and which is designed and equipped solely for competitive racing.

2.11. "Visible" means visible on a dark night with a clear atmosphere.

2.12. "Waters of this State" means any public waters within the territorial limits of this State.

2.13. All other terms have the meaning prescribed in W. Va. Code §20-7-13 et seq.

W. Va. Code R. § 58-25-3 Required Equipment

3.1. Personal Floatation Devices.

3.1.1. Any person operating, riding as a passenger, or being towed behind a personal watercraft shall wear a personal flotation device of an appropriate design and fit for the activity and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R §175.13 2014 et seq. as authorized by 46 U.S.C. §4302.

3.1.2. The operator or owner of any vessel being used for recreational purposes, other than a vessel required to have a certificate of inspection issued by the United States Coast Guard, shall require any child age 12 and under who is aboard the vessel to wear a personal flotation device of an appropriate design and fit for the activity and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R §175.13 2014 et seq. as authorized by 46 U.S.C. §4302 while the vessel is underway unless the child is below deck or in an enclosed cabin.

3.1.3. Vessels operating on the waters of this state are subject to the equipment requirements as contained in the federal navigation laws and rules promulgated by the United States Coast Guard pursuant to Boating Safety, 33 C.F.R Subchapter S et seq.

W. Va. Code R. § 58-25-4 Prohibited Operations

4.1. No person under the age of 15 may operate or be permitted to operate a motorboat or personal watercraft upon the waters of the State, except persons 12 to 15 years of age may operate a motorboat or personal watercraft if a person over 18 years of age is aboard the motorboat or personal watercraft. However, persons 12 to 15 years of age may operate a motorboat up to a maximum of 10 horsepower without having an adult on board.

4.1.1. No person who owns a motorboat or personal watercraft or who has charge over or control of a motorboat or personal watercraft may authorize or knowingly permit a motorboat or personal watercraft to be operated in violation of this rule.

4.2. No person may operate or give permission for the operation of a vessel which is not equipped as required under the provisions of section 4 of this rule and W.Va. Code §20-7-13 et seq.

4.3. No person may operate a vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

4.4. No person may operate any motorboat or vessel while under the influence of any alcoholic liquor, nonintoxicating beer, nonintoxicating craft beer, wine, or controlled substances, or while having an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.

4.5. No person may operate or knowingly permit another person to operate a vessel if that person, by reason of physical or mental disability, is incapable of operating the vessel in a safe manner under all the prevailing circumstances.

4.6. No person may operate or knowingly permit another person to operate a vessel at a rate of speed greater than will permit that person, in the exercise of reasonable care, to bring the vessel to a stop within the assured clear distance ahead. This section does not apply to the operator of a vessel competing in a regatta which is sanctioned under the provisions of W. Va. Code §20-7-20 who is attempting to attain high speeds on a marked racecourse.

4.7. No person may make a reckless approach to or passage by a dock or ramp, a moored or anchored vessel, or a marked swimming area.

4.8. No person may operate a motorboat at a speed greater than the speed limits established on the waters of a government-owned reservoir under W. Va. Code of State Rules, Title 58 Series 26, Special Boating Rule.

4.9. This section does not apply to participants in an approved and permitted regatta, race, marine parade, tournament, or exhibition.

W. Va. Code R. § 58-25-5 Restricted Areas

5.1. No person may anchor a vessel in a position that obstructs a passageway ordinarily used by other vessels.

5.2. No person may anchor or tie a vessel to any type of navigation aid or buoy.

5.3. No person may operate a vessel within 20 feet of a person engaged in fishing without first obtaining permission from that fisherman.

5.4. No person may operate a vessel within 20 feet of the exterior boundary of a water area which is clearly marked by buoys as a swimming area or other restricted area approved by the Director.

5.4.1. Swimming areas shall be marked with buoys pursuant to U.S.C. Aids to Navigation, 33 C.F.R Subchapter C Part 62 et seq. as authorized by 46 U.S.C. §4302.

5.5. No person may operate a motorboat at a speed greater than idling speed on established and marked no-wake zones on a government-owned reservoir. §58-25.6. Overloading and Overpowering.

6.1. No person may load a vessel with passengers or cargo beyond its safe cargo carrying capacity.

6.1.1. The maximum persons capacity marked on a vessel's maximum capacities plate shall not be exceeded.

6.1.2. The maximum weight capacity marked on a vessel's maximum capacities plate shall not be exceeded.

6.1.3. If a vessel does not have a U.S. Coast Guard Maximum Capacities plate provided by the manufacturer, the owner must demonstrate that his or her vessel conforms to the safe loading requirements of Boats and Associated Equipment, 33 C.F.R. Subchapter S Part 183.

6.2. No person may operate a vessel beyond its safe powering capacity.

6.2.1. The maximum horsepower capacity marked on a vessel's maximum capacities plate shall not be exceeded.

6.2.2. If a vessel does not have a U.S. Coast Guard Maximum Capacities plate provided by the manufacturer, the owner or operator shall demonstrate that his or her vessel conforms to the safe powering requirement of Boats and Associated Equipment, 33 C.F.R. Subchapter S Part 183.

W. Va. Code R. § 58-25-7 Water Skis and Surfboards

7.1. No person may manipulate any water skis, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

7.2. No person may manipulate any water skis, surfboard or similar device while under the influence any alcoholic liquor, nonintoxicating beer, nonintoxicating craft beer, wine, or controlled substances, or while having an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.

7.3. No person may operate a vessel towing a person on water skis, surfboard, other towable or similar device, nor may any person engage in water skiing, surfboarding, or similar activity at any time between sunset and sunrise.

7.4. No person may operate a vessel towing a person on water skis, surfboard, other towable or similar device unless:

7.4.1. A person at least 12 years of age or older other than the operator is on board the vessel in a position to observe the progress of the person being towed; or

7.4.2. The vessel is equipped with a wide-angle rear-view mirror mounted in a manner that permits the operator to observe the progress of the person being towed.

7.5. Sections 7.3 and 7.4 of this section do not apply to a performer in a professional exhibition or to a person engaged in an activity authorized under the provisions of W. Va. Code §20-7-20.

7.6. No person may operate a vessel on a government-owned reservoir while towing a person on water skis, surfboard, other towable or similar device nor may any person engage in water skiing surfboarding, or similar activity on the reservoir except in the unlimited speed zone.

7.7. Except as provided in subsection 7.7.1 of this section, a person towed by a vessel shall wear a personal flotation device of an appropriate design and fit for the activity and person as defined and approved by the United States Coast Guard pursuant to 33 C.F.R §175.13 2014 et seq. as authorized by 46 U.S.C. §4302.

7.7.1. A person engaged in barefoot waterskiing may elect, at his or her own risk, to wear a non-Coast Guard approved barefoot wetsuit designed specifically for that activity. §58-25.8. Accident Reports.

8.1. The operator of a vessel involved in a collision, accident, or other casualty -- so far as he or she can do so without serious damage to his or her own vessel, crew, and passengers -- shall render to other persons affected by the collision, accident, or other casualty any assistance that is practicable and necessary in order to save them from or minimize any danger caused by the incident.

8.2. The operator of a vessel involved in a collision, accident, or other casualty shall give his or her name, address, and the identification of his or her vessel in writing to any person who was injured during the incident and to the owner of any property damaged by the incident.

8.3. The operator of any vessel involved in a collision, accident, or other casualty which results in death or personal injury that requires medical treatment beyond first aid, or damage to property in excess of $2000 shall file a full description of the incident with the Division of Natural Resources on West Virginia Boating Accident Report Form MB-3.

8.3.1. An accident report for an incident involving a fatality shall be submitted to the Division within 48 hours of the incident.

8.3.2. An accident report in a case involving a reportable injury or property damage shall be submitted to the Division within 10 days of the incident.

8.4. An accident report shall be submitted in person or by mail to the Division of Natural Resources, Law Enforcement Section, 324 4th Avenue, South Charleston, WV 25303.

W. Va. Code R. § 58-25-9 Boating on Government-Owned Reservoirs

9.1. Special rules to be observed in the operation of motorboats and other vessels upon, over, or through the waters of a particular government-owned reservoir are found in W. Va. Code of State Rules, Title 58 Series 26, Special Boating Rule.

9.2. No motorboat or other vessel may be placed upon or operated upon a government-owned reservoir for a fee or profit, either as a direct charge to a second party or as an incident to other services provided by the second party, except as specifically authorized by lease, license, or concession contract with the government agency which manages the reservoir.

9.3. No motorboat or other vessel containing a sink, toilet, or sanitary system may be launched and operated upon a government owned reservoir unless the sink, toilet, or sanitary system has been removed, sealed, or made to drain into a tank which can be carried or pumped ashore into a receptacle for disposal away from the lands and waters of the reservoir.

9.4. A motorboat or other vessel, when not in actual use at a government-owned reservoir, shall be:

9.4.1. Removed from the reservoir;

9.4.2. Securely moored at an authorized dock or boathouse where supervision by the owner or his or her representative is provided on a 24-hour basis; or

9.4.3. Placed in the care of a marina concessionaire, state or local managing agency, or other party authorized to care for floating equipment on a 24-hour basis.

9.5. No motorboat or other vessel may be placed upon a government-owned reservoir for use as a dwelling of either permanent or temporary nature.

9.6. A barge, floating facility, motorboat, or other vessel may be moored only in locations designated by the government agency which manages the reservoir. All floating or stationary mooring facilities shall be constructed in accordance with plans approved by the managing government agency.

9.7. Abandonment of personal property on the land or waters of a government-owned reservoir is prohibited.

9.8. Gasoline, oil, and other flammable or combustible liquids may not be stored upon or about a government-owned reservoir or the shores of the reservoir without written permission from the managing government agency.

9.9. Private notices and advertisements may not be posted, distributed, or displayed at a government-owned reservoir except as the managing government agency may consider necessary for the convenience and guidance of the public using the area for recreational purposes.

9.10. No person may engage in or solicit any business at a government-owned reservoir unless the activities are permitted under the terms of a lease, license, or concession contract with the government agency which manages that reservoir.

W. Va. Code R. § 58-25-10 Special Requirements for Motorboats Which Carry Passengers for Hire

10.1. Motorboats which carry passengers for hire shall have readily available and maintained in good and serviceable condition for each person carried a personal flotation device of an appropriate design and fit for each activity type as defined and approved by the United States Coast Guard pursuant to 33 C.F.R. §175.13 2014 et seq. as authorized by 46 USC §4302. They shall also have readily available and maintained in good and serviceable condition personal flotation devices of an appropriate design and fit for children as defined and approved by the United States Coast Guard pursuant to 33 C.F.R. §175.13 2014 et seq. as authorized by 46 USC §4302 in number equal to at least 10 percent of the maximum number of persons carried, unless the service is such that children are never carried.

10.2. Motorboats while carrying passengers for hire shall be operated and navigated by a person duly licensed by the United States Coast Guard. This section does not apply to outfitters and guides licensed under W. Va. Code §20-2-23 and §20-2-23a.

10.3. Motorboats carrying more than six passengers shall be inspected and certified by the United States Coast Guard.

W. Va. Code R. § 58-25-11 Boat Liveries

11.1. The owner or operator of a boat livery or rental facility, or his or her agent or employee, shall provide boating safety orientation for all persons that rent any vessel which is designed or permitted by him or her to be operated as a motorboat, including personal watercrafts, unless that person holds a certificate as required under W. Va. Code §20-7-12b.

11.2. Individuals providing instruction shall apply for certification to the Division and shall renew the certification on an annual basis. Instructors shall: 1) Be at least 18 years of age, 2) Have successfully completed a basic National Association of State Boating Law Administrator’s approved boating safety course, and 3) Have successfully completed an instructor training workshop on Boating Safety Orientation conducted by the Division.

11.3. The Boating Safety Orientation shall include the following: 1) Operational characteristics of the vessel; 2) United States Inland Navigational rules; 3) W. Va. Laws and Rules; and 4) Procedures for maintaining a clean marine environment.

11.4. The boat livery or rental facility shall issue a temporary certificate to renters who successfully complete the orientation. This certificate is only valid for the rental period. The boat livery or rental facility shall keep a copy of the certificate on file for one year and make it available for inspection, during normal business hours, upon request of a Natural Resources Police Officer. The Division shall provide the certificates.

11.5. Renters taking the orientation training for personal watercrafts shall complete and sign a PWC Renter Orientation Checklist provided by the Division. The boat livery or rental facility shall keep the original on file for a period of one year and make it available for inspection, during normal business hours, upon request of a Natural Resources Police Officer.

W. Va. Code R. § 58-25-12 Penalties

12.1. Any person convicted of a violation of this rule is subject to the penalties provided for in the W. Va. Code §20-7-9.

58CSR25

58CSR25

Series 26 Special Boating Rule

W. Va. Code R. § 58-26-2 Definitions

2.1. “Director” means the director of the West Virginia Division of Natural Resources.

2.2. “Government-Owned Reservoir” means any natural or artificial impoundment, lake, pond, or reservoir that is partially or wholly within the territorial limits of West Virginia and is owned or administered by the federal government or by the State or any political subdivision of the state.

2.3. “Special Rules” means rules to be observed in the operation or navigation of motorboats and other vessels upon, over, or through the waters of a particular government-owned reservoir which the director considers necessary for the public health or safety of persons or property on or in those waters, or for the preservation of useful aquatic life. Special rules supplement the provisions of W. Va. Code § 20-7-1 et seq., and the general rules promulgated thereunder, as they relate to motorboats and other vessels by further limiting, restricting, or prohibiting the operation or navigation of the vessels on a particular government-owned reservoir.

2.4. All other terms have the meaning prescribed in W. Va. Code §20-7-11 et seq.

W. Va. Code R. § 58-26-3 Special Rules for Government-owned Lakes

3.1. Vessels are permitted on the following government-owned lakes with the following restrictions

3.1.1. Airport Pond (Raleigh County): No vessels permitted.

3.1.2. Anawalt (McDowell County): No vessels permitted.

3.1.3. Anderson (Kanawha County): No vessels permitted.

3.1.4. Barboursville (Cabell County): No vessels permitted.

3.1.5. Bear Rock (Ohio County): Motorboat use restricted to electric motors only.

3.1.6. Beech Fork (Wayne County): Motorboats are limited to a maximum of 10 horsepower and operators must observe no-wake zones marked by buoys or posted signs. Boats having motors greater than 10 horsepower shall have the propeller removed or have the motor withdrawn to the maximum trailerable limit while operating on this lake. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.7. Berwind (McDowell County): Motorboat use restricted to electric motors only.

3.1.8. Big Ditch (Webster County): Motorboat use restricted to electric motors only.

3.1.9. Big Run (Marion County): Motorboat use restricted to electric motors only.

3.1.10. Bluestone (Summers County): Motorboat operators must observe no-wake zones and speed limit zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.11. Boley (Fayette County): Motorboat use restricted to electric motors only.

3.1.12. Brandywine (Pendleton County): Motorboat use restricted to electric motors only.

3.1.13. Brushy Fork (Site 19) (Pendleton County): Motorboat use restricted to electric motors only.

3.1.14. Buffalo Fork (Pocahontas County): Motorboat use restricted to electric motors only

3.1.15. Burnsville (Braxton County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.16. Cacapon Recreational Lake (Morgan County): No motorboats permitted.

3.1.17. Cacapon Upper Reservoir (Morgan County): No motorboats permitted.

3.1.18. Cameron (Marshall County): No vessels permitted.

3.1.19. Camp Run (Pendleton County): Motorboat use restricted to electric motors only.

3.1.20. Castleman Run (Brooke and Ohio Counties): Motorboat use restricted to electric motors only.

3.1.21. Cedar Creek (Gilmer County): Rental boats only.

3.1.22. Charles Fork (Roane County): Motorboat use restricted to electric motors only.

3.1.23. Cheat (Monongalia County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by the approved buoys or posted signs.

3.1.24. Chief Cornstalk (Mason County): Motorboat use restricted to electric motors only.

3.1.25. Chief Logan (Logan County): No vessels permitted.

3.1.26. Conaway Run (Tyler County): Motorboat use restricted to electric motors only.

3.1.27. Coonskin (Kanawha County): No vessels permitted.

3.1.28. Coopers Rock (Monongalia County): No vessels permitted.

3.1.29. Curtisville (Marion County): Motorboat use restricted to electric motors only.

3.1.30. Deegan (Harrison): Motorboat use restricted to electric motors only.

3.1.31. Dents Run (Marion): Motorboat use restricted to electric motors only.

3.1.32. Dixon (Monongalia County): No vessels permitted.

3.1.33. Doe Run Sub-Impoundment (Taylor County): Motorboat use restricted to electric motors only.

3.1.34. Dog Run (Harrison County): Motorboat use restricted to electric motors only.

3.1.35. Dunkard Fork (Marshall County): Motorboat use restricted to electric motors only.

3.1.36. East Lynn (Wayne County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.37. Edwards Run (Hampshire County): No vessels permitted.

3.1.38. Elk Fork (Jackson County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats of greater than 10 horsepower may only operate in a manner where no wake is created.

3.1.39. Elk Two Mile (Site 12) (Kanawha County): No vessels permitted.

3.1.40. Elk Two Mile (Site 13) (Kanawha County): No vessels permitted.

3.1.41. Elk Two Mile (Site 14) (Kanawha County): No vessels permitted.

3.1.42. Fairfax Pond (Monongalia County): Motorboat use restricted to electric motors only.

3.1.43. Fitzpatrick (Raleigh County): No vessels permitted.

3.1.44. Flat Run (Marion County): Motorboat use restricted to electric motors only.

3.1.45. Fort Ashby (Mineral County): Motorboat use restricted to electric motors only.

3.1.46. French Creek (Upshur County): No vessels permitted.

3.1.47. Frozencamp - Left Fork (Jackson County): Motorboat use restricted to electric motors only.

3.1.48. Frozencamp - Right Fork (Jackson County): Motorboat use restricted to electric motors only.

3.1.49. Handley (Pocahontas County): Motorboat use restricted to electric motors only.

3.1.50. Hawks Nest (Fayette County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.51. Hinkle (Harrison): Motorboat use restricted to electric motors only.

3.1.52. Horse Creek (Wyoming County): Motorboat use restricted to electric motors only.

3.1.53. Huey Run (Marion County): Motorboat use restricted to electric motors only.

3.1.54. Hurricane (Putnam County): No vessels permitted.

3.1.55. Indian Rocks (Nicholas County): No vessels permitted.

3.1.56. James P. Bailey (Mercer County): No vessels permitted.

3.1.57. Jennings Randolph (Mineral County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.58. Jimmy Lewis (Mercer County): Motorboat use restricted to electric motors only.

3.1.59. Kanawha State Forest (Kanawha County): No vessels permitted.

3.1.60. Kee (Mercer County): Motorboat use restricted to electric motors only.

3.1.61. Kimsey Run (Hardy County): Motorboat use restricted to electric motors only.

3.1.62. Krodel (Mason County): Motorboat use restricted to electric motors only.

3.1.63. Larenim (Mineral County): No motorboats allowed.

3.1.64. Laurel (Mingo County): Motorboat use restricted to electric motors only.

3.1.65. Lick Creek (Wayne County): No vessels permitted.

3.1.66. Little Beaver (Raleigh County): Electric motors only.

3.1.67. Logan County Airport (Logan County): No vessels permitted.

3.1.68. Mason (Monongalia County): Motorboat use restricted to electric motors only.

3.1.69. McClintic Ponds (Mason County): Motorboat use restricted to electric motors only.

3.1.70. Middle Wheeling Creek (Ohio County): Motorboat use restricted to electric motors only.

3.1.71. Miletree (Roane County): Motorboat use restricted to electric motors only.

3.1.72. Mill Creek (Barbour County): Motorboat use restricted to electric motors only.

3.1.73. Millers Fork (Wayne County): No vessels permitted.

3.1.74. Moncove (Monroe County): Motorboats are limited to a maximum of five horsepower.

3.1.75. Mount Storm (Grant County): Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.76. Mountain Valley Lake (Summers County): Motorboat use restricted to electric motors only.

3.1.77. Mountwood (Wood County): Motorboat use restricted to electric motors only.

3.1.78. Newburg Lake (Preston County): No vessels permitted.

3.1.79. New Creek (Dam Number 14) (Grant County): Motorboat use restricted to electric motors only.

3.1.80. North Bend (Ritchie County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats of greater than 10 horsepower may only operate in a manner where no wake is created.

3.1.81. North Bend Pond (Ritchie County): No vessels permitted.

3.1.82. O'Brien (Jackson County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats of greater than 10 horsepower may only operate in a manner where no wake is created.

3.1.83. Parker Hollow (Hardy County): Motorboat use restricted to electric motors only.

3.1.84. Pendleton (Tucker County): No motorboats permitted.

3.1.85. Pennsboro (Ritchie County): Motorboat use restricted to electric motors only.

3.1.86. Pettigrew (Kanawha County): No motorboats permitted.

3.1.87. Pipestem (Summers County): Electric motors only.

3.1.88. Plum Orchard (Fayette County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Only motorboats powered by electric motors are allowed within zones marked by buoys or posted signs.

3.1.89. Poorhouse Pond (Berkeley County): No vessels permitted.

3.1.90. R. D. Bailey (Mingo and Wyoming counties): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.91. Ridenour (Kanawha County): Rental boats only.

3.1.92. Rock Cliff (Hardy County): Motorboat use restricted to electric motors only.

3.1.93. Rockhouse (Logan County): Motorboat use restricted to electric motors only.

3.1.94. Rollins (Jackson County): Motorboat use restricted to electric motors only.

3.1.95. Saltlick #9 (Braxton County): Motorboat use restricted to electric motors only.

3.1.96. Seneca (Pocahontas County): Motorboat use restricted to electric motors only.

3.1.97. Sherwood (Greenbrier County): Motorboat use restricted to electric motors only.

3.1.98. Silcott Fork (Roane County): No vessels permitted.

3.1.99. Sleepy Creek (Berkeley County): Motorboat use restricted to electric motors only.

3.1.100. South Mill Creek (Grant County): Motorboat use restricted to electric motors only.

3.1.101. Spruce Knob (Randolph County): Motorboat use restricted to electric motors only.

3.1.102. Stephens (Raleigh County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director.

3.1.103. Stonecoal (Lewis and Upshur counties): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats of greater than 10 horsepower may only operate in a manner where no wake is created.

3.1.104. Stonewall Jackson (Lewis County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.105. Summersville (Nicholas County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.106. Summit (Greenbrier County): Motorboat use restricted to electric motors only.

3.1.107. Sutton (Braxton County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.108. Teter Creek (Barbour County): Motorboat use restricted to electric motors only.

3.1.109. Thomas Park (Tucker County): Motorboat use restricted to electric motors only.

3.1.110. Tomlinson Run (Hancock County): Motorboat use restricted to electric motors only.

3.1.111. Tracy (Ritchie County): Motorboat use restricted to electric motors only.

3.1.112. Trout (Hardy County): No vessels permitted.

3.1.113. Tuckahoe (Greenbrier County): Motorboat use restricted to electric motors only.

3.1.114. Turkey Run (Jackson County): Motorboat use restricted to electric motors only.

3.1.115. Turkey Run (Marshall County): Motorboat use restricted to electric motors only.

3.1.116. Tygart (Taylor County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats and other vessels may not enter restricted areas marked by buoys or posted signs.

3.1.117. Tygart River Backwaters (Town of Elkins) (Randolph County): Motorboat use restricted to electric motors only.

3.1.118. Underwood (Cabell County): No vessels permitted.

3.1.119. Upper Cove Run (Hardy County): Motorboat use restricted to electric motors only.

3.1.120. Upper Deckers (Preston County): Motorboat use restricted to electric motors only.

3.1.121. Upper Mud River (Lincoln County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats of greater than 10 horsepower may only operate in a manner where no wake is created.

3.1.122. Wallback (Clay and Roane counties): Motorboat use restricted to electric motors only.

3.1.123. Warden (Hardy County): Motorboat use restricted to electric motors only.

3.1.124. Watoga (Pocahontas County): Motorboat use restricted to electric motors only.

3.1.125. Westover Park (Monongalia County): No vessels permitted.

3.1.126. Whetstone (Marion County): Motorboat use restricted to electric motors only.

3.1.127. Wolf Run (Marshall County): Motorboat use restricted to electric motors only.

3.1.128. Woodrum (Jackson County): Motorboat operators must observe no-wake zones marked by buoys or posted signs which are approved by the Director. Motorboats of greater than 10 horsepower may only operate in a manner where no wake is created.

3.2. All vessels with electric motors operating on electric motor only impoundments may only operate in a manner where no wake is created.

3.3. The Division’s law enforcement, emergency, and research vessels, when operating in an official capacity, are exempt from the provisions of this rule.

W. Va. Code R. § 58-26-4 Special Boating Rule

4.1. Any person convicted of a violation of this rule is subject to the penalties provided for in W. Va. Code §20-7-9.

58CSR26

58CSR26

Series 27 Special Motorboating Regulations

W. Va. Code R. § 58-27-1 General

1.1. Scope and Purpose. -- This rule establishes no wake zones for certain waters of this State.

1.2. Authority. -- W.Va. Code §§20-7-22 and 20-7-23.

1.3. Filing Date. -- May 8, 2023.

1.4. Effective Date. -- May 8, 2023.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect August 1, 2028.

W. Va. Code R. § 58-27-2 Definitions

2.1. “Director” means the Director of the Division of Natural Resources.

2.2. “Motorboat” means any vessel propelled by an electric, steam, gas, diesel, or other fuel-propelled or driven motor, whether or not the motor is the principal source of propulsion, but does not include a vessel that has a valid marine document issued by the United States Bureau of Customs or any successor federal agency.

2.3. “No Wake Speed Zone” means an area restricting motorboats from attaining a speed which would produce a wake that would noticeably disturb other motorboats or other vessels, docks, piers, or any other shoreline facility within the designated area.

W. Va. Code R. § 58-27-3 No Wake Speed Zones

3.1. The following areas are designated as no wake speed zones:

3.1.1. The back channel of Middle Island on the Ohio River beginning at Ohio River MP 155.1 and extending upstream to the northern side of Rymer’s Point along the Middle Island Creek waters. The area is situated entirely within the boundaries of Pleasants County. The City of St. Marys, West Virginia, is responsible for purchasing, placing, and maintaining the No Wake Zone informational signs. Signs shall meet the approval of the Director. Any buoys or other structures placed in the water shall conform to U. S. Coast Guard standards for Inland Rivers and, if they would interfere with commercial river traffic, be approved by the U.S. Army Corps of Engineers;

3.1.2. Beginning at the mouth of Fish Creek at its confluence with the Ohio River and extending upstream approximately three miles and ending at the first riffle or obstruction. This area is situated entirely within the boundaries of Marshall County. This zone is seasonal and is in effect from March 1 through November 1, each year. The Marshall County Commission is responsible for purchasing, placing, and maintaining the No Wake Zone buoys and informational signs. No Wake Zone signs shall be erected at the mouth of Fish Creek and at all locations where watercraft may be launched. The signs shall describe the extent of the no wake zone and shall meet the approval of the Director. Any buoys or other structures placed in Fish Creek shall conform to U. S. Coast Guard standards for Inland Rivers and, if they would interfere with commercial river traffic, be approved by the U. S. Army Corps of Engineers;

3.1.3. Beginning at the mouth of Fishing Creek at its confluence with the Ohio River and extending upstream approximately six-tenths of a mile to the WV State Route 2 Bridge. This area is situated entirely within the boundaries of the City of New Martinsville, West Virginia. The City of New Martinsville, West Virginia, is responsible for purchasing, placing, and maintaining the No Wake Zone buoys and informational signs. Signs shall meet the approval of the Director. Any buoys or other structures placed in the water shall conform to the U. S. Coast Guard Standards for Inland Rivers and, if they would interfere with commercial river traffic, be approved by the U. S. Army Corps of Engineers.

3.1.4. Beginning at the upstream edge of Pier 54 Marina at the first pier of Old Lock Six and continuing downstream on the northern side of the Kanawha River for approximately 1500 feet to the last pier of Old Lock Six and extending out into the Kanawha River 80 feet from the northern riverbank. This area is situated entirely within the boundaries of the City of South Charleston, West Virginia. The City of South Charleston, West Virginia, is responsible for purchasing, placing, and maintaining the No Wake Zone buoys and informational signs. Signs shall meet the approval of the Director. Any buoys or other structures placed in the water shall conform to the U. S. Coast Guard Standard for Inland Rivers and, if they would interfere with commercial river traffic, be approved by the U. S. Army Corps of Engineers.

3.1.5. The back channel of Wheeling Island on the Ohio River beginning at approximately Ohio River MP 89.5 (500 block of North Erie Street) extending downstream approximately one mile to Ohio River MP 90.5 (200 block of South Erie Street). This area is situated entirely within the boundaries of Ohio County. The Wheeling Police Department is responsible for purchasing, placing, and maintaining the No Wake Zone buoys and informational signs. Signs shall meet the approval of the Director. No Wake Zone signs shall be erected at the Island Marina boat dock and at all locations where watercraft may be launched. The signs shall describe the extent of the No Wake Zone and shall meet the approval of the Director. Any buoys or other structures placed in the water shall conform to the U. S. Coast Guard Standard for Inland Rivers and, if they would interfere with commercial river traffic, be approved by the U.S. Army Corps of Engineers.

3.1.6. The Monongahela River at the Morgantown waterfront beginning 500 feet downstream from the Westover Bridge extending upstream to the Morgantown Lock and Dam. This area is situated entirely within the boundaries of Monongalia County. The City of Morgantown is responsible for purchasing, placing, and maintaining the No Wake Zone informational signs. Signs shall meet the approval of the Director. No Wake Zone signs shall be erected at all boat docks and at all locations where watercraft may be launched within the No Wake Zone. The signs shall describe the extent of the No Wake Zone and shall meet the approval of the Director. Any buoys or other structures placed in the water shall conform to the U.S. Coast Guard Standard for Inland Rivers and, if they would interfere with commercial river traffic, be approved by the U.S. Army Corps of Engineers.

3.1.7. Beginning at the Hartland Dam on the West Fork River and extending upstream approximately 2.3 miles and ending at the municipal corporate limit of Clarksburg. This area is situated entirely within the boundaries of the City of Clarksburg. The City of Clarksburg is responsible for purchasing, placing, and maintaining the No Wake buoys and informational signs. Any buoys or other structures placed in the water shall conform to U.S. Coast Guard standards for Inland Rivers and, if they would interfere with commercial river traffic, be approved by the U.S. Army Corps of Engineers.

3.1.8. The Elk River between the Quarrier Street bridge and the Lee Street bridge at approximately Elk River MM 0.25 to 0.40. This area is situated entirely within the boundaries of the City of Charleston, West Virginia. The City of Charleston is responsible for purchasing, placing, and maintaining the No Wake Zone informational signs. Signs shall meet the approval of the Director. No Wake Zone signs shall be erected at all bridge piers and or banks of the river where watercraft may be launched within the No Wake Zone. Any buoys or other structures placed in the water shall conform to the U.S. Coast Guard Standard for Inland Rivers, and, if they would interfere with commercial river traffic be approved by the U.S. Army Corps of Engineers.

Series 29 Special Boating Rule For Jennings Randolph Lake

W. Va. Code R. § 58-29-1 General

1.1. Scope. -- This rule is designed for the protection of Jennings Randolph Lake as a natural resource and to provide a pleasant and safe family oriented facility for the enjoyment of water related activities. Jennings Randolph Lake is a U. S. Army Corps of Engineers facility sharing a common boundary between the State of West Virginia and the State of Maryland. The U. S. Army Corps of Engineers has agreed that West Virginia and Maryland have enforcement authority on the project, both the land and the water areas, by being a signatory partner in the Compact found in the West Virginia Code, chapter 29, article 1J ('29-1J-1), with the States of West Virginia and Maryland. The States have agreed to identical boating regulations and to share enforcement responsibilities. A fundamental consideration is preserving an acceptable quality of recreational experience on the Lake while providing for the greatest use consistent with a quality experience and safety for all users.

1.2. Purpose. -- The purpose of this rule is to establish joint rules with the State of Maryland and the State of West Virginia on the Jennings Randolph Lake which is situated on the border of both states.

1.3. Authority. -- W. Va. Code ''20-1-7(30), 20-7-13, 20-7-22, 20-7-23, and 29-1J-1

1.4. Filing Date. -- May 20, 1998.

1.5. Effective Date. -- May 20, 1998.

W. Va. Code R. § 58-29-2 Definitions

Unless otherwise specified below, all terms shall have the meaning given in chapter twenty of the W. Va. Code '20-10 et seq. Boating Rule, 58CSR25.

2.1. "Controlled Dangerous Substance or Drug" means those controlled dangerous substances or drugs defined in article two, chapter sixty-A ('60A-2).

2.2. "Lake" means the surface area of the water in the Jennings Randolph Lake where operation of a vessel may occur.

2.3. "Lake Manager" means the person designated as manager or resident engineer of the Lake and its activities as appointed by the U. S. Army Corps of Engineers.

2.4. "Lake Project" means anywhere within the boundaries of the Jennings Randolph Lake project owned and administered by the U. S. Army Corps of Engineers.

2.5. "Minimum/No Wake Speed Zone" means an area where a vessel may not operate in excess of the idling speed or the slowest possible speed necessary to maintain steerage under prevailing wind and water conditions.

2.6. "Operate" means to navigate or otherwise use a motorboat or vessel.

2.7. "SAE" means the Society of Automotive Engineers

2.8. "States" means the State of West Virginia and the State of Maryland.

2.9. "Steerage" means the minimum rate of motion required for the steerage apparatus (rudder or motor) of a vessel to have effect.

W. Va. Code R. § 58-29-3 Prohibitions

In addition to the rules contained in West Virginia Boating Rule 58CSR25, the following provisions are applicable specifically to boating on the Lake.

3.1. No person may operate a recreational vessel with a length in excess of 26 feet as measured using existing U. S. Coast Guard standards of measurement. Vessels carrying passengers for hire may not be more than 50 feet in length.

3.2. Vessels carrying passengers for hire shall comply with U. S. Coast Guard requirements governing such vessels and may not operate on the Lake without the prior written permission of the Lake Manager.

3.3. No person may operate a sea plane or float plane on the Lake without prior permission of the Lake Manager.

3.4. No person may operate or give permission to operate a personal watercraft on the Lake at any time at a speed in excess of 6-knots within 100 feet of another vessel, shore, wharf, pier, piling, bridge structure or abutment or people in the water.

3.5. Rules of the Road. A person operating a vessel on the Lake shall comply with the Federal Inland Navigation Rules Act of 1980, CFR '4-90, as amended.

3.6. U. S. Coast Guard Requirements. Except where specifically regulated in this rule, all operators of vessels operating on the Lake must comply with current U. S. Coast Guard regulations, including, but not limited to, safety equipment, personal floatation devices, maximum weight and powering capacity plates, fire extinguishers, and lighting requirements.

3.7. State of West Virginia Requirements. Except as otherwise specified in this rule, all persons operating a vessel or manipulating water skis, surfboard, aquaplane, or similar device, on the Lake must comply with West Virginia Legislative Rule, "Boating Rules", 58 CSR 25.

W. Va. Code R. § 58-29-4 Vessel Operator Blood Alcohol Content; Testing Method; and Loss of Privileges

4.1. No person may operate a vessel on the Lake while having an alcohol concentration in his or her blood of seven one hundredths of one percent or more by weight or under the influence of alcohol or any controlled substance or drug, or under the combined influence of alcohol and any controlled substance or drug.

4.2. Any person suspected to be in violation of this section will be subject to a blood or alcohol test. The method of testing is to be selected by the law enforcement officer involved. Refusal to be tested will subject the operator to loss of all vessel operating and other user privileges on the Jennings Randolph Lake Project for a period of one (1) year, in addition to any other penalties that may be imposed by law.

W. Va. Code R. § 58-29-5 Water Skis, Surfboards, or Similar Devices

5.1. No person may operate a vessel towing a person on water skis, surfboard, aquaplane, or similar device, nor may any person engage in water skiing, surfboarding, or similar activity at any time between the hours of sunset to sunrise, unless participating in an approved and permitted regatta, race, marine parade, tournament, or exhibition.

5.2. Except for personal watercraft, no person may operate a vessel towing a person on water skis, surfboard, or similar device unless a person at least twelve (12) years of age, other than the operator is on board such vessel in a position to observe the progress of the person being towed, or unless the vessel is equipped with a wide-angle rear-view mirror.

5.3. No person may operate or give permission to operate a personal watercraft for the purpose of towing a person on water skis, surfboard, aquaplane, or similar device, unless the personal watercraft:

5.3.1. Has a capacity of three individuals that includes the:

a. Operator/Driver;

b. Rear facing observer who is at least twelve (12) years of age or older;

c. Water skier; and

5.3.2. Is specifically designed for water skiing by the manufacturer.

5.4. A vessel towing an individual or individuals on water skis, surfboard, aquaplane, or similar device shall stay at least twenty (20) feet outside marked no wake zones and other restricted areas, and shall at all times, keep at least 100 feet from the shore, wharf, pier, piling, jetty, bridge structure, abutment, other fixed structure or obstruction, other vessels, or an individual(s) in the water.

5.5. The maximum length for a tow rope is 75 feet except a tow rope of up to 100 feet in length may be used while towing a bare-foot skier(s)

5.6. No person may manipulate any water skis, surfboard, aquaplane, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of another.

5.7. No person may manipulate any water skis, surfboard, or similar device while having an alcohol concentration is his or her blood of seven one hundredths of one percent or more by weight or under the influence of alcohol or any controlled substance or drug, or under the combined influence of alcohol and any controlled substance or drug. Any person suspected of violating this section will be subject to a blood or breath test. The method of testing is to be selected by the law enforcement officer involved. Refusal to be tested will subject the person to loss of all user privileges on the Lake Project for a period of one (1) year, in addition to any other penalties that may be imposed by law.

W. Va. Code R. § 58-29-6 Sailboards

6.1. The operator of a sailboard may meet the requirement to carry one personal flotation device for each person on board by wearing the following equipment so that positive buoyancy is provided to the operator:

6.1.1. Neoprene wetsuit or drysuit;

6.1.2. Closed-cell foam design padded chest, waist, or seat harness; or a

6.1.3. Combination of the equipment specified in 6.1.1. and 6.1.2. above.

6.2. From October 15 to May 15 inclusive, an operator of a sailboard shall wear a neoprene wetsuit or drysuit which covers the entire torso of the body.

W. Va. Code R. § 58-29-7 Skin and Scuba Diving

7.1. Skin and scuba diving are permitted in all areas of the lake except the following:

7.1.1. The restricted area established above the dam, around the intake tower, or any other restricted area that may be established on the Lake and approved by the Director;

7.1.2. Heavily traveled boat lanes;

7.1.3. Narrow channels; and

7.1.4. Areas where visibility is obscured.

7.2. The provisions of section 7.1. of this rule shall not apply to law enforcement vessels, U. S. Army Corps of Engineers vessels, or professional skin or scuba divers engaged in demolition, salvage, construction, rescue, or repair work in the regular course of their business and who are registered with the Lake Manager of the Lake.

7.3. "Diver-Down" Flag Required and Flag Specifications.

7.3.1. No person may skin or scuba dive in the Lake unless the diving area is marked by one "diver-down" flag displayed at all times while a diver is in the water.

7.3.2. The "diver-down" flag shall be a red field with a diagonal stripe not less than one and one-half inches wide running upper left to lower right. The dimensions of the flag shall not be less than ten (10) inches x ten (10) inches and the top of the flag shall be at least three (3) feet above the surface of the water.

7.3.3. The "diver-down" flag shall be anchored and affixed to a separate floatation device. No such flag may be attached to any vessel or navigational device or placed so as to obstruct other vessel traffic.

7.3.4. Divers must surface within one hundred (100) feet of the "diver-down" flag marking their diving area.

W. Va. Code R. § 58-29-8 Boating Safety Education Certificate

8.1. Except as otherwise provided in section 8.3 of this rule, no person born on or after July 1, 1980 may operate a vessel on the Lake that is required to be numbered without first having obtained a certificate of boating safety education from this or any other state, which certificate was obtained by satisfactorily completing a course of instruction in boating safety education administered by the U. S. Coast Guard Auxiliary; the U. S. Power Squadron; the Maryland Department of Natural Resources; the West Virginia Division of Natural Resources; any person certified to teach the course administered by West Virginia or Maryland Natural Resources Boating Safety Education Section personnel; or any person authorized to teach the course prescribed by the National Association of State Boating Law Administrators in the operator's home state.

8.2. Any person who is subject to section 8.1. of this rule must possess the certificate of boating safety education when operating a vessel on the Lake and must show the certificate on demand of a Maryland Natural Resources Police Officer, West Virginia Conservation Officer or other law enforcement officer authorized to enforce the provisions of this rule.

8.3. The following persons are exempt from the requirements of section 8.1 of this rule:

8.3.1. A person who is a resident of a state other than Maryland or West Virginia and who is visiting the state for 60 days or less in a vessel that is numbered in another state if:

a. The person is fifteen (15) years of age or older; or b. The person has been issued a boating safety education certificate by that state in accordance with the criteria of the National Association of Boating Law Administrators;

8.3.2. A person who is visiting the Lake for ninety (90) days or less in a vessel from a country other than the United States;

8.3.3. A person who is operating a vessel in connection with commercial purposes.

8.4. The Division shall issue a certificate of boating safety education to a person who:

8.4.1. Passes any course prescribed in section 8.1 of this rule; or

8.4.2. Passes a boating safety equivalency examination administered by persons authorized to administer a boating safety education course as outlined above. Upon request, the Division shall provide, without charge, boating safety education materials to persons who plan to take the boating safety equivalency examination.

8.5. No person who owns a vessel required to be numbered or who has charge over a vessel required to be numbered shall authorize or knowingly permit it to be operated in violation of section 8. 1. of this rule.

8.6. The provisions of section 8 of this rule may only be enforced as a secondary action when the officer detains an operator of a vessel for a suspected violation of another provision of the West Virginia Code or rules adopted in accordance with the West Virginia Code. A person may not be taken forthwith to a court or detention facility solely for a violation of section 8 of this rule.

W. Va. Code R. § 58-29-9 Noise Level Limits

9.1. Noise Level Limits.

9.1.1. No person may operate or give permission to operate a vessel that emits a maximum noise level exceeding 90dB(A).

9.1.2. Noise level limits shall be measured using the procedures contained in the marine environment noise level measurement procedure SAE J 2005.

9.2. Mufflers.

9.2.1. The exhaust of every inboard internal combustion engine of a vessel operated on the Lake shall:

a. Be equipped with a muffler or system which muffles or suppresses engine noise emitted from the vessel to the established limits in subsection 9.1.1. of this rule; and b. Be vented at or below the water line of the vessel.

9.2.2. The exhaust system shall not be equipped with muffling cutout devices.

W. Va. Code R. § 58-29-10 Sanitation Devices

No vessel containing a sink, toilet, or sanitary system may be launched or operated upon the Lake unless the sink, toilet, or sanitary system has been removed, sealed, or made to drain into a tank which can be carried or pumped ashore into a receptacle for disposal away from the lands and waters of the Lake Project.

W. Va. Code R. § 58-29-11 Waste Products

No person may deposit garbage, sewage, waste, food stuff, paper, or any obnoxious material in the waters of the Lake or anywhere on the Lake Project except in containers approved for the collection of such items.

W. Va. Code R. § 58-29-12 Penalties

12.1. Any person violating the provisions of this rule, shall be guilty of a misdemeanor, and upon conviction, shall be subject to the penalties prescribed in article seven, chapter twenty ('20-7-9). Provided, that any person violating sections 4.1. or 5.7. of this rule shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or confined in jail not less than ten nor more than one hundred days, or be both fined and imprisoned within the limits aforesaid.

12.2. Second and subsequent convictions of violating the provisions of sections 4.1. or 5.7. of this rule shall subject the individual violating these sections to double the amount of the minimum and maximum fine and jail term.

58CSR29

Series 31 Rules Governing Public Use Of WV State Parks, Forests, Wildlife Management Areas under Division Of Natural Resources

W. Va. Code R. § 58-31-1 General

1.1. Scope. -- This legislative rule governs the public use of West Virginia state parks, state forests, and recreation areas in state wildlife management areas under the jurisdiction and management of the Division of Natural Resources, Parks and Recreation Section. This rule is necessary to provide for public health, safety and welfare; to protect state property; and to assure state recreational area guests of a safe, beneficial and enjoyable experience.

1.2. Authority. -- W. Va. Code §20-1-7.

1.3. Filing Date. -- May 4, 2006.

1.4. Effective Date. -- June 1, 2006.

W. Va. Code R. § 58-31-2 General Rules Governing Public Use of State Parks, State Forests, and Recreational Areas in State Wildlife Management Areas under the Division of Natural Resources

2.1. No person shall cut, deface, destroy, or drive any object into any tree, shrub, rock, sign, building or other structure or object in a state park, state forest, or state wildlife management area. This subsection does not apply to the erection of temporary blinds or tree stands in state wildlife management areas.

2.2. No person shall remove any man-made or natural object, material, substance, plant, animal or historical or archeological relic or artifact from a state park, state forest, or state wildlife management area, except those legally acquired through hunting and fishing in accordance with W. Va. Code §20-2-1 et seq. or upon proper authorization in writing by the Chief of Parks and Recreation, Division of Natural Resources.

2.3. Fires may be lighted only in fireplaces, fire rings or grates provided by the State or in places designated by the area superintendent. Those persons responsible for a fire shall extinguish it completely before leaving it. Ashes, charcoal briquets and other materials used for a fire shall be left in the fireplace, fire ring, grate or place designated for the fire, or be deposited in a trash container or a container provided specifically for that purpose but only after they are extinguished. The materials shall not be strewn over the ground.

2.4. No person shall attempt to or hunt, catch, capture, take, kill, trap, pursue or have in his or her possession any animal, except as provided in W. Va. Code §20-2-1 et seq. Hunting is prohibited in all state parks; however, legally authorized hunting is permitted in state forests, and state wildlife management areas.

a. No person shall attempt to feed, or feed, any animal in a state park, state forest, or state wildlife management area, except a pet they own, or as part of a wildlife management program officially approved by the state agency having lawful jurisdiction over the program.

2.5. Loud or excessive noise, demonstrations, disturbances, disorderly conduct, profanity, public drunkenness, and the possession or use of controlled substances is prohibited.

2.6. Swimming is prohibited in state parks, state forests, and state wildlife management areas, except in places designated for that purpose.

2.7. Recreational activities including, but not limited to, rock climbing, rappelling, hang gliding, parachuting, parasailing, skydiving, spelunking and other like or similar recreational activities that require a high degree of specialized training and equipment are permitted, except where they are prohibited by posted signs. Persons who intend to participate in any of these activities shall register at the area superintendent's office before engaging or participating in them and specify where they will take place. Participants in these activities assume full responsibility and liability for any risk or injury related to the activity. Scenic rocks, overlooks and vistas are for providing scenic beauty and aesthetic benefit for guests; therefore, they shall not be used for, or disfigured by, any such recreational activity. This subsection does not apply to golf, skiing, horseback riding, hunting or fishing.

2.8. Garbage, waste, bottles, cans, paper, junk, or any other trash or refuse shall not be dumped, deposited or strewn within the boundary of any state park, state forest, or state wildlife management area.

2.9. Lodge rooms, cabins, campsites, picnic shelters, swimming pools and beaches, or any other facility shall not be subleased by guests or patrons.

2.10. It is unlawful for any person not to pay the rental, charge or fee for any facility, service, activity or good he or she uses or purchases in a state park, state forest, or state wildlife management area.

2.11. Unless other operating hours are posted at all park entrances, only registered lodge, cabin, and camping guests, licensed hunters, and fishermen while hunting or fishing and persons who have authorized, legitimate business in a state park, state forest, or state wildlife management area are permitted on the premises between the closing hour of 10:00 P.M. and the opening hour of 6:00 A.M., during which hours the premises are closed to the general public.

2.12. Dogs and cats are the only pets permitted in state parks, state forests, and state wildlife management area. These pets are permitted in state park and state forest cabins and the areas immediately around them at those parks and forests identified by the Director of DNR for that use. The Director may set the number of state park and state forest cabins that will be designated as pet friendly, as well as to establish all necessary and incidental reservation policies and fees. All pets are prohibited in state park lodges, and in swimming pool and beach swimming areas. In and around campgrounds, picnic areas, playgrounds, designated roads and trails and other similar intense public use areas, they shall be restrained at all times on a sturdy leash not to exceed ten feet in length, the owner or master shall clean up the pet's excreta, keep it quiet and from disturbing other guests, and is responsible for all damages it causes. Cabin pet policy for facilities not directly operated by the state shall be set by the contractual operator subject to the review and approval of the Director.

2.13. Explosives, incendiaries, flammables and other dangerous substances are prohibited in state parks, state forests, and state wildlife management areas.

2.14. Uncased firearms, uncased bows and uncased arrows are prohibited in state parks, state forests, and state wildlife management areas, and on state trails, except:

a. When the area is open for hunting (hunting is prohibited in state parks) or when a registered park or forest guest has the written permission of the area superintendent to carry them in a case from his or her lodge room, cabin or campsite to open hunting areas, or to an officially designated rifle, pistol, skeet, trap, target or shooting range;

b. Area superintendents may authorize their use in historical reenactments and plays; and c. The Chief of Parks and Recreation, Division of Natural Resources, may authorize their use for a limited period in conjunction with recreational and arts and crafts programs.

2.15. The Division of Natural Resources assumes no responsibility for any personal property. If personal property is abandoned or left unattended by park guests more than forty-eight (48) hours, it will be removed from the public use area and disposed of according to law.

2.16. Hawking, peddling, soliciting, begging, advertising, or carrying on any business or commercial enterprise is prohibited in state parks, state forests, and state wildlife management areas without the written permission of the Director of the Division of Natural Resources.

2.17. Fishing and boating are permitted in state parks, state forests, and state wildlife management areas only in accordance with state law, fishing and boating rules promulgated under the law, and rules publicly posted in those areas.

2.18. The speed limit for motor vehicles is thirty (30) miles per hour in state parks, state forests, and state wildlife management areas, except where a lower speed limit is posted. All traffic laws, signs and directions shall be strictly observed. Driving of motor vehicles in any manner that creates a nuisance to any guest by repetitive or continuous cruising or operation is prohibited.

2.19. Motor vehicles including, but not limited to, trail bikes, motorbikes, snowmobiles, and all terrain vehicles may be operated only on public roads usable by automotive vehicles, and on trails and areas designated for their use by the area superintendent by posted signs. It is unlawful for any unauthorized motor vehicle to go beyond a gate, cable, or other obstruction, or to proceed beyond any sign prohibiting such travel. All persons operating motor vehicles in state recreational areas shall obey and comply with all applicable state laws and rules.

a. Mountain and trail bicycles may be operated only on public roads, trails and other readily recognizable passageways such as logging roads and oil or gas well roads. They shall not be operated on horseback riding trails when they are open and operating as horseback riding trails, nor shall they be operated on any trail or road where their use is prohibited by posted signs.

b. For the purposes of this subsection, "mountain and trail bicycles" means any devices designed for operation on mountains and trails having two tandem wheels and pedals for propelling it by human power.

2.20. No person may operate a vehicle in a manner so as to harass, chase or annoy any person or animal.

2.21. Except as authorized in writing by the Director for group functions, no person shall have in his or her possession beer, wine, liquor, or other alcoholic beverages within the boundaries of the following historical, day use and natural area state parks which include:

Beartown, Berkeley Springs, Brush Creek Falls, day-use area managed by Pipestem State Park, Carnifex Ferry Battlefield, Cass Scenic Railroad, Cathedral, Chief Logan; Provided, That beer, wine, and alcoholic beverages may be served in the restaurant, lodge, and conference center, without prior written authorization from the Director, Droop Mountain Battlefield, Fairfax Stone Historic Monument, Little Beaver, Pinnacle Rock, Tu-Endie-Wei, Prickett’s Fort, Valley Falls, and Watters Smith Memorial, the Greenbrier River Trail, and the North Bend Rail Trail; in the following vacation parks:

Audra, except in reserved picnic shelters;

Babcock, Camp Creek, Moncove Lake, Tomlinson Run, except in reserved picnic shelters, Bluestone State Park, in all boat launch ramp parking areas and all camping areas within its boundaries, Beech Fork State Park, in all camping areas within its boundaries, and Hawks Nest State Park, except the lodge and Hawks Nest golf course which is operated as part of Hawks Nest State Park; in all state forests, which include:

Cabwaylingo, Calvin Price, Camp Creek, Coopers Rock, Greenbrier, Kanawha, Kumbrabow, Panther, and Seneca; in the following State wildlife management areas:

Berwind Lake, Bluestone, Laurel Lake, and Plum Orchard Lake; and in those state park and state forest areas where they are prohibited by posted signs; Provided, That any person, group, or association sponsoring a private party at the multi-purpose log barn at Prickett’s Fort State Park may provide beer, wine, liquor, and all other alcoholic beverages for guests at a private party as long as the party is not open to the general public.

2.22. The Director of the Division of Natural Resources may issue special use permits and enter into written agreements with persons who demonstrate to the satisfaction of the Director that they have good cause to use a motor driven vehicle on the Greenbrier River Trail or the North Bend Rail Trail. The Director may also authorize persons with legitimate need to use motorized vehicles on the trails as authorized in subdivision 2.22.3 of this rule.

2.22.1. The Director may, upon application in writing and for good cause shown, issue a written special use permit authorizing limited use of motorized vehicles on either the North Bend Rail Trail or Greenbrier River Trail. A separate permit is required for each use. Each permit shall specify the limitation on access, including such things as the date, time not to exceed three days, place, method and distance the applicant will be allowed to have access to the trail. As part of the permit process, the Director shall enter into a written agreement to allow the use of motorized vehicles on the trails. The agreement shall specify the limitations of the use and require, in exchange for such use, that the persons allowed to use motorized vehicles on the trails shall maintain a specified area of the trail for a specified length of time. The terms of the maintenance portion of the agreement shall depend on the length and nature of the use.

2.22.2. Good cause may be shown by (a) those persons in need of limited access to adjacent land that the applicant owns or leases for agriculture purposes and who have demonstrated no other reasonable means to gain entry to the adjacent land; (b) those persons who have a vested right of ingress to and egress from the trail and (c) those persons required by law to plug or reclaim oil or gas wells.

2.22.3. Persons with a legitimate need to use motorized vehicles on the trails are exempt from the permit requirements. A legitimate need is limited to (a) those persons who are authorized by the Director to use motorized vehicles in the management, construction, and maintenance and operation of the trails and facilities and (b) persons and equipment to fight forest fires and handle other emergencies.

2.23. Any person may be evicted from a state park, state forest, or state wildlife management area for any breach of this rule, or for the breach of any other rule which is in effect governing their use. All rentals, charges and fees are forfeited upon an eviction.

W. Va. Code R. § 58-31-3 Enforcement of Rules Governing Public Use of State Parks, State Forests, and Recreation Areas in State Wildlife Management Areas under the Division of Natural Resources and Penalties

3.1. Responsibility for enforcing the rules.

Conservation Officers, Special Conservation Officers, and the superintendents, assistant superintendents and managers of state parks, state forests, and state wildlife management areas shall enforce all of the provisions of this rule.

3.2. Violation of rules and penalties.

Any person violating any of the provisions of this rule is guilty of a misdemeanor, and, upon conviction thereof, shall be punished in accordance with W. Va. Code §20-7-9.

58CSR31

58CSR31

Series 32 Public Use of Campgrounds in West Virginia State Parks and State Forests and Campsites in State Rail Trails under the Division of Natural Resources

W. Va. Code R. § 58-32-1 General

1.1. Scope. -- This legislative rule governs the public use of campgrounds in West Virginia state parks and state forests, and campsites in West Virginia state rail trails under the jurisdiction and management of the Division of Natural Resources, Parks and Recreation Section. This rule does not include state forests or state wildlife management areas, or any areas or facilities in state forests or state wildlife management areas, under the jurisdiction and management of other sections of the Division of Natural Resources. This rule is necessary to provide for public health, safety, and welfare, to protect state property, and to assure state recreational area guests a safe, beneficial and enjoyable experience.

1.2. Authority. -- W. Va. Code §20-5-2 and §20-5-3.

1.3. Filing Date. -- May 16, 2025.

1.4. Effective Date. -- May 19, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 58-32-2 Rules Governing Public Use of Campgrounds in State Parks and State Forests under the Division of Natural Resources, Parks and Recreation Section

2.1. A campsite may not be occupied until the rental fee for the site has been paid. A campsite is considered reserved when the rental fee for the site has been paid. Rental fees may be paid online, by phone, or in person at the campground check-in station or park office. Registered occupants of a reserved campsite are considered registered campers.

2.2. A person who is 18 years of age or older must be at each rented campsite and is responsible for the actions and safety of all campsite occupants and shall be held liable for any damages caused by campsite occupants. Except that, at the discretion of the area superintendent, adjacent campsites occupied by youth organization groups may be considered supervised by a single person who is 18 years of age or older.

2.3. No person may camp in any manner in any state park or state forest, except at numbered sites in areas designated for camping. Campground facilities are for the use of registered campers only, except that the area superintendent, at his or her discretion, may designate times during which cabin guests are permitted use of campground laundry facilities during periods of low use by campers.

2.4. The rental period for any campsite may not exceed 14 consecutive nights. Occupancy of a campsite may not be extended beyond 14 consecutive nights by a rental fee being paid by any additional campsite occupant; except that, after Labor Day until May 1st of the following year, the area superintendent, at his or her discretion, may rent campsites for longer periods when vacant campsites are available. Following a rental period exceeding 14 consecutive nights, the area superintendent, at his or her discretion, may request the camper or campers move to another campsite for purposes of conservation and maintenance of the first rental site.

2.5. No more than two motor vehicles are permitted on a campsite at any time. No more than one camping unit (tent, trailer, motor home, camper van, etc.) is permitted on a campsite: Provided, That a family camping group or youth organization group, at the discretion of the area superintendent, may be permitted to have one or two small tents on its campsite in addition to the main camping unit: Provided, however, That the additional units may not be ecologically detrimental to the campsite. For purposes of this section, a family camping group is defined as a parent or guardian and their dependent children or other minor children accompanying the adult.

2.5.1. Group campsites are exempt from the motor vehicle and camping unit restrictions in section 2.5. of this rule. Area superintendents, at their discretion, may establish motor vehicle and camping unit use restrictions for group campsites under their authority.

2.6. Campsites shall be vacated by 12:00 noon on the day the campsite rental expires, unless the area superintendent extends the time at the request of the camper. No extension may extend beyond 4:00 p.m.

2.7. The campsite rental fee does not include the use of any other facilities or services for which a fee or rental is charged.

2.8. No person may wash any equipment, paraphernalia, clothing, pet or human body at water fountains and water pumps, and in lakes, ponds, pools and streams. No person may wash cooking utensils, tableware, flatware, or any other cooking or eating paraphernalia at water fountains, at water pumps, in comfort stations, in bathhouses, or in washrooms.

2.9. Hay, straw, boughs, pine needles or other similar materials shall not be kept or used in tents or screened rooms or under shelters for bedding or any other purpose. The Chief of Parks and Recreation, Division of Natural Resources, may permit the use of hay and straw in conjunction with special events or programs.

2.10. No object may be driven into any tree, shrub, rock, sign, building or other object or structure in a state campground. Trenching or digging in a campsite is prohibited.

2.11. Quiet hours are from 10:00 p.m. to 7:00 a.m. Generators may not be operated during quiet hours.

2.12. Use of motorbikes is prohibited within camping areas, except for travel to and from a campsite. Use of bicycles in camping areas after dark is prohibited, except bicycles equipped with lights on both the front and rear may be ridden in camping areas after dark, provided the front and rear lights are on while being ridden.

2.13. In accordance with W. Va. Code §20-5-19, West Virginia residents who are totally and permanently disabled are entitled to a 50 percent discount on campground rental fees from the day after Labor Day until four days prior to Memorial Day only. To qualify for the discount, they shall submit an application and a certification of state residency and disability form to the Director of Natural Resources. The Director shall issue each qualified applicant a permanent campground discount card. The application and qualification forms are available in all state parks and state forests and the South Charleston Parks and Recreation office.

2.14. Any person may be evicted from a state park or state forest for any violation of this rule. All rental fees are forfeited upon eviction.

W. Va. Code R. § 58-32-3 Rules Governing Public Use of Campsites in State Rail Trails under the Division of Natural Resources, Parks and Recreation Section

3.1. State rail trail campsites are available on a first-come, first-served basis.

3.2. A person who is 18 years of age or older must be at each campsite and is responsible for the actions and safety of all campsite occupants and shall be held liable for any damages caused by campsite occupants.

3.3. No person may occupy a state rail trail campsite for more than 14 consecutive nights.

3.4. No person may permit a trail animal to occupy a rail trail campsite in any manner that creates an erosive condition or is ecologically detrimental to the campsite.

3.5. No person may wash cooking utensils, tableware, flatware, or any other cooking or eating paraphernalia at water fountains or water pumps.

3.6. Hay, straw, boughs, pine needles or other similar materials may not be kept or used in tents or screened rooms or under shelters for bedding or any other purpose. The Chief of Parks and Recreation, Division of Natural Resources, may permit the use of hay and straw in conjunction with special events or programs.

3.7. No object may be driven into any tree, shrub, rock, sign, building, or other object or structure in a state rail trail campsite. Trenching or digging in a campsite is prohibited.

3.8. Quiet hours are from 10:00 p.m. to 7:00 a.m.

3.9. Any person may be evicted from a state rail trail for any violation of this rule.

W. Va. Code R. § 58-32-4 Enforcement of Rules Governing Public Use of Campgrounds in State Parks, State Forests, and Campsites in State Rail Trails under the Division of Natural Resources, Parks and Recreation Section and Penalties

4.1. Responsibility for enforcing the rules.

It is the duty and responsibility of Natural Resources Police Officers, Special Natural Resources Police Officers, and the superintendents, assistant superintendents and managers of state parks, state forests, and state rail trails to enforce all of the provisions of this rule.

4.2. Violation of rules and penalties.

Any person violating any of the provisions of this rule is guilty of a misdemeanor, and, upon conviction thereof, shall be punished in accordance with W. Va. Code §20-7-9.

58CSR32

Series 33 Public use Of Swimming Areas In WV State Parks, Forests, And Wildlife Management Areas Under The Div

W. Va. Code R. § 58-33-1 General

1.1. Scope. -- This legislative rule governs the public use of swimming areas in West Virginia state parks, state forests, and recreation areas in state wildlife management areas under the jurisdiction and management of the Division of Natural Resources. This rule shall not be construed to include the state forests or state wildlife management areas, or any areas or facilities in the state forests or state wildlife management areas, under the jurisdiction and management of the Department of Agriculture or other sections of the Division of Natural Resources, respectively. This rule is necessary to provide for public health, safety and welfare; to protect state property; and to assure state recreational area guests of a safe, beneficial and enjoyable experience.

1.2. Authority. -- W. Va. Code '20-5-2.

1.3. Filing Date. -- May 16, 1996.

1.4. Effective Date. -- July 1, 1996.

1.5. This rule repeals and replaces Division of Natural Resources' Rule Governing Public Use of West Virginia State Parks, State Forests, and State Wildlife Management Areas, 58 CSR 5.

W. Va. Code R. § 58-33-2 Rules Governing Public Use of Swimming Areas in State Parks, State Forests, and State Wildlife Management Areas under the Division of Natural Resources

2.1. Swimming is prohibited in state parks, state forests, and state wildlife management areas, except in places designated for that purpose. Each person entering a designated swimming area shall pay the admission fee, except cabin and lodge guests are exempt from paying the admission fee. Children who have not reached their tenth (10th) birthday shall be accompanied at all times they are in the swimming area by a responsible person at least twelve (12) years of age. Persons who have reached their twelfth (12th) birthday are required to purchase an adult ticket for admission to the swimming area.

2.2. Any person may be denied admission to the swimming area who has a skin abrasion, cold, cough, inflamed eye, infection, rash, bandage or cast. Admission shall be denied by the area superintendent to any person who is under the influence of alcohol, a controlled substance or medication.

2.3. Glass, food, ice chests, picnic supplies, beer, wine, alcoholic beverages, controlled substances and pets are prohibited in swimming areas. Food and drink purchased from the concession stand may be consumed only in the area designated for that purpose.

2.4. Plastic or rubber rafts, inner tubes, balls, inflatable water wings, and similar paraphernalia, toys and manmade objects of any kind are prohibited within the swimming area, except that exceptions may be made for the handicapped and for organized activities at the discretion of the lifeguard in charge.

2.5. No person is permitted in a swimming pool unless he or she is dressed in recognized swimming apparel. No street wear, cutoffs or similar apparel may be worn in a swimming pool. Parents and guardians who purchase an adult ticket may enter the swimming area in street clothes to accompany and supervise their children who have not reached their twelfth (12th) birthday and who have purchased a children's ticket. Parents and guardians who enter the swimming area and are not dressed in recognized swimming apparel are prohibited from entering the water. This subsection does not apply to swimming areas which are natural bodies of water.

2.6. The wearing of indecent swimming or other apparel, the commission of any indecent act, and the commission of any act of indecent exposure are prohibited in the swimming area. Commission of any such act is cause for immediate eviction from the swimming area.

2.7. Only one (1) person is permitted on a diving board at a time. Running, pushing, wrestling, roughhousing or causing undue disturbance, noise or commotion is prohibited in the swimming area.

2.8. Only state employees or other authorized personnel are permitted behind counters where cash registers are located, behind concession stand counters, or in concession stand food storage areas, basket rooms, swimming area storage supply rooms, filtration rooms or chlorine rooms.

2.9. Every person entering a swimming area shall comply with all swimming rules and every instruction or directive of the lifeguards. Any person who fails to comply may be evicted immediately from the swimming area by a lifeguard or other state employee. Any person evicted forfeits the fee he or she paid to enter the swimming area.

2.10. No refunds may be given for any reason to any person who leaves the swimming area.

W. Va. Code R. § 58-33-3 Enforcement of Rules Governing Public Use of Swimming Areas in State Parks, State Forests, and Recreation Areas in State Wildlife Management Areas under the Division of Natural Resources and Penalties

3.1. Responsibility for enforcing the rules.

It is the duty and responsibility of Conservation Officers, Special Conservation Officers, and the superintendents, assistant superintendents and managers of state parks, state forests, and state wildlife management areas to enforce all of the provisions of this rule.

3.2. Violation of rules and penalties.

Any person violating any of the provisions of this rule is guilty of a misdemeanor, and, upon conviction thereof, shall be punished in accordance with W. Va. Code '20-7-9.

58CSR33

Series 34 Special Projects and Grants for West Virginia State Parks, State Forests, and State Rail Trails under the Division of Natural Resources

W. Va. Code R. § 58-34-1 General

1.1. Scope. -- This legislative rule governs special projects and grants for West Virginia state parks, state forests and state rail trails under the jurisdiction and management of the Division of Natural Resources, Parks and Recreation Section. This rule does not include state forests or state wildlife management areas, or any areas or facilities in state forests or state wildlife management areas under the jurisdiction and management of the Wildlife Resources section of the Division of Natural Resources. This rule is necessary to provide for public health, safety and welfare, the protection of state property, and to assure state recreational area guests a safe, beneficial and enjoyable experience.

1.2. Authority. -- W. Va. Code §20-1A-7 and §20-5-2.

1.3. Filing Date. -- May 16, 2025.

1.4. Effective Date -- May 19, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 58-34-2 General Rules Governing Special Projects and Grants for State Parks, State Forests, and State Rail Trails under the Division of Natural Resources

2.1. State park, state forest, state rail trail or other public land area foundations may apply to the Chief of Parks and Recreation and be awarded 50% matching grants of up to $25,000 per project as part of an "adopt a state park, state forest, or rail trail program" for maintenance and improvement projects approved by the Chief of Parks and Recreation. To qualify, a chartered foundation shall formally adopt the area for which it was created and for which it is working. A foundation may adopt a state park, state forest, or rail trail with the approval of the Director of the Division of Natural Resources.

2.2. With prior authorization of the Director of the Division of Natural Resources any individual or group may have free use of a picnic shelter for one day during each calendar year or have free use of a cabin for one week during each calendar year in exchange for donation of materials and labor for the construction of the cabin or picnic shelter. The design and construction of the cabin or picnic shelter must be in accordance with Division standards and specifications. A group is defined as a family or a business, corporation or non-profit organization whose by-laws are registered with the Secretary of State. The group shall designate a contact person who is responsible for securing the picnic shelter or cabin reservation each year. The non-transferrable fee waiver expires when the amount of the donation equals the loss of revenue from the fee waiver or until the individual dies or the group ceases to exist. The Director shall determine the donation value by the cost of materials and labor donated and shall divide that value by the standard rental fee charged at the time construction is completed to determine the expiration date of the fee waiver with the Director being the sole judge of the value of donated labor. Construction of cabins is restricted to state parks or state forests which already have cabins. Individuals or groups who are eligible for this fee waiver may make reservations for the use of a picnic shelter or cabin one week in advance of established reservation policies.

58CSR34

Series 35 Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests

W. Va. Code R. § 58-35-1 General

1.1. Scope. -- This legislative rule governs the access to all state forests by operators seeking to drill for and produce oil and gas. This rule recognizes that the rights of the State as surface owner when the minerals are owned by others are governed by the terms of the severance deeds or leases, and by the “fairly necessary” common law doctrine as tempered by the “contemplation of the parties” doctrine. However, this rule recognizes that state forests are unique publicly owned lands that are an important resource for silvicultural and scientific research; developed and undeveloped outdoor recreation; propagation of forest trees, fish and wildlife; wildlife and fisheries management; aesthetic preservation; hunting and fishing; timber production; and demonstration of state-of-the-art forestry management and, therefore, should be managed on a multiple-use basis.

1.2. Authority. -- W. Va. Code §§20-1-7(30) and 20-5-22.

1.3. Filing Date. -- April 3, 2008.

1.4. Effective Date. -- May 1, 2008.

W. Va. Code R. § 58-35-2 Definitions

For the purposes of this part the following terms, respectively, shall mean:

2.1. Director. The Director of the Division of Natural Resources, or his or her designee;

2.2. Manual. The West Virginia Erosion and Sediment Control Field Manual of the West Virginia Office of Oil and Gas, Department of Environmental Protection, as authorized by W. Va. Code §22-6-6(d).

2.3. Operations. All functions, work, and activities in connection with drilling, exploration, development, or processing of oil or gas resources and all uses reasonably incident thereto, including roads and other means of access on lands subject to the rules in this series.

2.4. Operator. A person conducting or proposing to conduct operations.

2.5. Person. Any individual, partnership, corporation, association, or other legal entity.

2.6. Plan. The erosion and sediment control plan submitted with an operator’s permit application to the West Virginia Office of Oil and Gas, West Virginia Department of Environmental Protection, as part of the permitting process.

W. Va. Code R. § 58-35-3 Publication Notice

3.1. The publication required by W. Va. Code §20-5-22(a) to appear in a qualified newspaper at least sixty (60) days prior to submitting an application for a well work permit shall include:

3.1.a. The name of the state forest;

3.1.b. The county where the proposed drilling or other work will take place;

3.1.c. The name and address of the operator; and

3.1.d. The name and address of the mineral owner.

3.1.e. If the mineral owner is not the State:

3.1.e.1. The book and page where the most recent deed conveying or reserving the mineral interest lease is recorded;

3.1.e.2. The book and page where the lease granting the right to do the well work is recorded; or

3.1.e.3. The book and page where the latest transfer of the lease is recorded, if any.

3.1.f. The target formation name and depth;

3.1.g. The proposed possible well locations shown by G.P.S. coordinates in compliance with requirements of the Office of Oil and Gas G.P.S. locations, on a topographic map, and described in relation to particular topographical features and distances from existing wells;

3.1.h. The proposed possible use of existing roads for access to the proposed possible well sites; and 3.1.i.. The locations of proposed possible new access roads shown on a topographical map.

3.2. The notice shall state that the Division of Natural Resources will accept public comments prior to the party’s application to the Department of Environmental Protection for a drilling permit and shall give a postal address and an email address where the public may file comments;

3.3. A copy of the notice shall be sent to the Director of the Division of Natural Resources, the Director of the Division of Forestry, and the state forest superintendent.

3.4. The Director shall post the notice on the agency’s web site, and email notice of the availability of the notice on the web site, and the publication newspaper and date, to every person or entity that has requested such notice and provided an active email address within fourteen (14) days;

3.5. The notice provided is good for six (6) months. A well work permit may not be issued for well work required to be the subject of a notice pursuant to this subsection more than six (6) months after the date of publication; and

3.6. The provisions of this subsection may not be waived except the provision of the immediately preceding subdivision may be waived by the Director for sixty (60) additional days.

W. Va. Code R. § 58-35-4 Notice of New Road Construction

4.1. The written notice of new oil and gas road construction required by §20-5-22(b) to be provided to the Director, the Division of Forestry, and the state forest superintendent forty-five (45) days before the application for the well work permit is filed shall include:

4.1.a. A topographical map showing the proposed road location;

4.1.b. The proposed soil erosion and sediment control plan for the road required by the Office of Oil and Gas.

4.2. Written notice may be by fax, hand delivery, or first class mail, return receipt requested;

4.3. The Director shall post the notice on the agency’s web site and email notice of the availability of the notice on the web site, to every person or entity that has requested such notice and provided an active email address within 14 days; and

4.4. The provisions of this section may not be waived.

W. Va. Code R. § 58-35-5 Notice of Maintenance

5.1. The notice of maintenance of access roads required by §20-5-22(c) to be provided to the Director, the Director of the Division of Forestry, and the state forest superintendent shall include:

5.1.a. The maintenance to be done;

5.1.b. The equipment to be used;

5.1.c. The name of the entity or individual doing the maintenance;

5.1.d. The address and telephone number of the entity or individual to be doing the maintenance;

5.1.e. The plan or the instructions given to the persons operating the machinery and supervising the operation of the machinery;

5.1.f. The date the maintenance will begin. If that date changes, the Director shall be contacted regarding the date of the rescheduled maintenance; and

5.1.g. The number of hours or days the expected maintenance will take place.

5.2. The notice may be given:

5.2.a. By fax, sent and received at least five (5) days prior to entry;

5.2.b. By hand delivery, received at least five (5) days prior to entry;

5.2.c. By email or similar electronic communication, the receipt of which is acknowledged by the Director five (5) days prior to entry into the forest; or

5.2.d. By actual telephone communication with the person to receive the notice or their agent authorized to receive these communications (not an answering machine).

5.3. The cell phone number of at least one person who will be present during the maintenance must be provided to the Director, but shall not be disseminated to the public;

5.4. The Director shall post this notice on the agency’s web site and email that notice to every person or entity that has requested such notice and provided an active email address within five (5) days;

5.5. The provisions of this section do not apply in the event of an emergency affecting public safety or health or an emergency threatening imminent danger to a forest, but notice shall be provided to the Director as soon as feasible.

W. Va. Code R. § 58-35-6 Planning and Waivers

6.1. The permit application, including the erosion and sediment control plan, submitted to the West Virginia Office of Oil and Gas, West Virginia Department of Environmental Protection, as part of the permitting process conducted by the operator shall comply with the provisions of this rule, and shall form the basic plan from which the provisions of this rule shall be implemented.

6.2. The Director may request a meeting for the purpose of discussing the plan and any modifications to the plan, which shall be in writing, as permitted by these rules, and the following shall be considered:

6.2.a. In addition to the features to identify in Manual, Section 1.A.5, the Director shall identify the following and request any appropriate modifications that have not already been made in order to avoid damage to state forest resources or interference with state forest uses:

6.2.a.1. Trails;

6.2.a.2. Archeological sites;

6.2.a.3. Picnic and other developed facilities;

6.2.a.4. Overlooks and their viewsheds;

6.2.a.5. Agencies, schools, and research organizations that use the state forest and their current and proposed usages of the forest for research and education that are known to the state forest superintendent;

6.2.a.6. Any reference streams designated or used by other agencies; and

6.2.a.7. The Director may require a well drilling location or new road construction to be moved if the same adversely impacts recreation use, natural resources, or other values.

6.2.b. In addition to the identification of significant features set out in Manual, Section I.A.5, the operator must check the Division of Natural Resources list of species that are endangered, threatened, “of concern”, or rare to see if that list identifies any of them as being located in the area proposed to be disturbed. The operator must also check with the state forest superintendent for known locations of those plant and animal resources. If the Division of Natural Resources listing, information from the state forest superintendent, or if public comments on the proposed locations identifies locations of those species in the area intended to be disturbed, and the plant is identified or the plant community is verified by a qualified biologist then the operator must relocate the land disturbance, or mitigate the loss in another place that a qualified botanist determines is likely to succeed.

6.2.c. In determining the need for sediment controls, the Manual is a starting point, but difficult soil and other conditions may require more structures and other work be requested by the Director. 6.2.d.. In determining surface water control in Manual, Section 1.A.7, the Director must note surface water flow that will intersect possible road and site locations that will increase water on the road or site and require extra control, considering that cuts may cause groundwater to come on the road or site increasing flow and requiring extra controls.

6.2.e. In order to reduce the area impacted on roads that will be gated to the public, unless environmental conditions dictate otherwise or unless waived by the Director, roads at 7% slope or less shall be sloped with appropriate drainage control.

6.2.f. In determining revegetation needs and other requirements, these guidelines recognizes that state forests are unique lands for biological study, preservation, and recreation.

6.2.g. If the operator fails to meet with the Director within a time deemed reasonable by the Director to discuss the plan, the Director may order that the operator suspend operations.

6.3. The operator may request a meeting with the Director for the purpose of discussing the plan and any waivers to the plan as permitted by these rules. At any time, the operator may file a written request with the Director for the approval of a waiver of a requirement as permitted by this rule. A request for a waiver shall include:

6.3.a. The name and legal mailing address of the operators (and claimants if they are not the operators) and their lessees, assigns, or designees; and

6.3.b. Information sufficient to describe or identify the basis for the requested waiver including the type of operations proposed and how they would be conducted.

6.4. The Director shall analyze the request, considering the economics of the operation along with the other factors in determining the reasonableness of the request, and notify the operator the request was approved or disapproved within twenty-four hours for an operations waiver and ten days for a planning waiver.

6.5. Written modifications, waiver requests, waiver approvals and waiver denials shall be posted on the website of the Division of Natural Resources.

6.6. Waivers granted by the Director as permitted by this rule shall be documented in writing and distributed to the state forest superintendent and the operator in the field.

W. Va. Code R. § 58-35-7 Inspections and penalties

7.1. The Division of Natural Resources shall periodically inspect operations to determine if the operator is complying with these rules and an approved plan of operations.

7.2. Violations of this rule shall result in penalties and fines being assessed pursuant to W.Va. Code §20-7-9.

W. Va. Code R. § 58-35-8 Requirements for environmental protection

All operations shall be conducted so as, where feasible, to minimize adverse environmental impacts on the State Forest surface resources, including the following requirements:

8.1. Roads. Road construction shall conform to the guidelines contained in Appendix A to this rule.

8.2. Reclamation. Reclamation shall conform to the guidelines contained in Appendix B to this rule.

W. Va. Code R. § 58-35-9 Maintenance

9.1. Existing and new access roads and well sites are to be maintained throughout the life of the well. Culverts, road ditches, broad-based dips, and diversion ditches must be maintained in proper working order. Whenever the soil is disturbed on any well road by well-related activity, it will be revegetated and otherwise reclaimed according to the Manual and this rule.

9.2. Maintenance shall conform to the guidelines contained in Appendix C to this rule.

W. Va. Code R. § 58-35-10 Suspension of operations as a result of inclement weather

The Director may require that operations other than actual drilling be suspended during periods of inclement weather.

W. Va. Code R. § 58-35-11 Access

11.1. Gates that are locked and closed to the public shall remain locked at all times.

11.2. The operator shall reimburse the State for any losses or expenses due to failure to keep a gate locked, including without limitation:

11.2.a. Any state property lost or damaged;

11.2.b. Damage done to land, flora, and fauna as a result of an unlocked gate; and

11.2.c. Locksmith and metal working for the repair or replacement of locks, keys, and metal working of gates.

11.3. All newly constructed roads will be gated by the operator unless waived by the Director. All gates will be maintained and constructed according to specifications as established by the Director.

APPENDIX A

Road Construction Guidelines.

1. The maximum grade limitation, Manual, Section II.A.1.a(1), does not apply to state forests. The final center line grade of the road must be 10% or less, with three exceptions set out below.

A. Final center line gradients not exceeding 15% are permissible for distances up to 200 feet.

B. The 10% gradient may be exceeded for the purpose of installing broad based dips as provided elsewhere in this rule.

C. The Director may waive these requirements if necessary to allow the use of a pre-existing road or in the case of exceptional environmental concerns.

2. The stacking and piling of timber shall be done pursuant to directions by the Director.

3. The clearing of woody material back from the roadway far enough to allow entrance of sunlight and wind with the goal of assisting in accelerating drying of the road surface which is given consideration in Manual, Section II.A.1.b(2) (commonly called daylighting) is prohibited unless waived by the Director in consultation with the Department of Environmental Protection.

4. Regarding the requirements for road surface stabilization in Manual, Section II.A.1.b(3), it is recognized that the second paragraph of the introductory language to Section II of the Manual states that some of the standards for structures may not be used during the actual drilling operations, when a large amount of heavy equipment traffic is occurring, but rather will be utilized during the reclamation phase.

A. The exception set out immediately above applies only to water bars and cross drains, and to temporary vegetation of roads and sites.

B. Additional structures or practices may be required by the Director during actual drilling operations as set out in these guidelines.

C. Road stabilization with gravel and/or fiber mats is required on slopes greater than 10% on existing roads. This requirement is not necessary if the average center line slope of a section is less than 10%, but slopes up to 14% may be used to allow for properly constructed broad-based dips.

D. Road stabilization with gravel and/or fiber mats is required where the road will remain wet at times other than after rainfall.

E. Where roads will be or become muddy or rutted during actual drilling operations, particularly during wet seasons, the Director may require one or more of the following during actual drilling operations that are consistent with the planned use of the road and provide the least permanent disruption to the forest:

i. Graveling with limestone or graveling with sandstone on roads that will generally be open to public access;

ii. Graveling with sandstone on roads that will generally be gated to the public; and iii. Siltfencing and straw bales and other sediment and runoff controls along affected roadways and sites.

5. Care must be taken to increase drainage ditch capacities in Manual, Section II.A.2.a(2) for water running off adjacent slopes and water seeping out of side slopes created when the road or site was or is excavated.

6. The clearing of trees and brush specified in Manual, Section II.A.2.b(2) shall be minimized.

7. Cross drains and water bars described in Manual, Section II.A.3 shall not be used where a broad based dip described in Manual, Section II.A.4 can be installed.

8. Instead of the spacing of culverts as set out in Table II-7, the following shall apply:

Road Grade Percentage (%) Culvert Spacing (feet) 2-10 200 12 150 14 100 9. The spacing of cross drains/water bars, broad-based dips, and culverts set forth in the Manual, Tables II.4, II.5, and II.7 are starting points. Where water is coming from surface run-off, subsurface water brought to the surface by excavation, or where soil conditions or surrounding vegetative conditions will increase water or soil run-off, then closer spacing must be used.

10. In addition to the requirements of Manual, Section II.A.6.b(7), adequate sediment control, and in the case of culvert outlets, riprap or other materials, shall be provided at all erosion and sediment control outfalls and culvert outlets.

APPENDIX B

Reclamation Guidelines.

1. General:

A. Bulldozer tracking up and down slopes as provided in Manual, Section III.A.6, is not permitted for seed bed preparation unless approved by the Director. Where tracking is used for compaction of slopes before preparation of seed bed, the seed bed must be prepared with respreading of banked topsoil and discing as provided in Section 2 this appendix.

B. The regrading required by Manual, Section III B.1, need not be done if the current grade is acceptable and vegetation is occurring.

C. Native trees on side slopes shall be considered for planting or replanting.

D. Reclamation for disturbed areas created due to well maintenance and work-over shall be reclaimed in accordance with the Manual and this rule.

2. Revegetation.

A. The adjustment and modification of the standards in the Manual, Section IV.A.1, must have the prior and documented approval of the Director in addition to the Office of Oil and Gas before they are applied to state forest property.

B. Seed bed preparation as provided Manual, Section IV.B.2, may be used for temporary seeding. For seed bed preparation for permanent seeding, the seed bed must be loosened by discing on the contour, a root rake or sub-soil tiller. In the alternative, the original top soil may be banked and spread loosely without discing, raking, or tilling if it is not compacted.

C. The seed mixtures for temporary seeding in Manual, Section IV.C.1 are approved for use in the state forests. Regardless of vegetative cover, temporary seed mixtures are not best for wildlife and should not be carried through the restoration process. If a temporary seed mix is planted by hand or hydroseeding, it should be disced under during restoration and reseeded with the recommended permanent mix. KY31 fescue is prohibited.

D. Instead of the seed mixtures for permanent seeding in Manual, Section IV.C.2.c, one of the following seed mixtures shall be used and verified prior to planting by hand or hydroseeding:

i. Wildlife Seeding Recommendations For Forest Roads;

Seed Name Rate (lbs/acre)

Red Top Ladino Clover 4* White Dutch Clover 4* Mammoth Red Clover 5* Birdsfoot Trefoil 10* If using a hydroseeder, add:

Switch Grass *Seed must be inoculated with fresh species specific innoculate.

Nurse Crop (Pick only one)

Rate (lbs/acre)

Oats 10 (Spring)

Winter Wheat 10 (Late Fall)

Rye 10 (Fall)

Planting Notes:

1. Preferred planting dates are March 15 through June 1 and August 15 through November 15. Planting outside of these dates may result in an unsuccessful planting.

2. Unless soil samples are taken and analyzed, 10-20-20 fertilizer and lime should be applied at 400 lbs and 3 tons per acre respectively.

3. To ensure appropriate soil moisture, straw mulch should be blown on at 1.5-2 tons per acre.

4. Because this mix requires little mowing, the cost savings can be redirected towards the addition of lime in later years.

ii. Monongahela National Forest, Native Mix for Rights-of-Way; and Common Name Scientific Name Rate (lb/acre)

Percent Little Bluestem Schizachyrium scoparium/Andropogon scoparius 20% Canada Wild Rye Elymus canadensis 35% Switch Grass Panicum virgatum 20% Partridge Pea Chamaecrista fasciculata/Cassia fasciculata 25% Apply above mix: 15 lbs per acre Oats (Nurse Crop for Spring-September 1)

Avena sativa Annual Ryegrass (Nurse crop if planting after September 1)

Lolim multiflorum Apply one (1) nurse crop: 30 lbs per acre TOTAL SEEDING: 45 lbs per acre iii. Cut banks, fill banks, and level areas that are abandoned from future use may be reclaimed with tree plantings.

iv. The use of native plants for revegetation may be required by the Director of the Division of Natural Resources, if in his opinion, seed mixtures are affective, readily available, and cost effective compared to the non-native mixes specifically shown herein.

E. Straw, not hay, may only be used.

APPENDIX C

Maintenance Guidelines.

1. The seed mixtures in the previous section on revegetation must be used rather than those described in Manual, Section V.B.2.

2. Where ruts develop in the road for any reason, blading the road level to fill in the ruts is not acceptable maintenance practice, particularly when vegetation is scraped unless waived by the Director. Water bars and cross drains need to be maintained, and if previous structures are insufficient, new control features, rock, or fiber mats are to be added.

3. Where road slope is such that vegetation cannot be maintained or ruts persist, rock, and if necessary, fiber matting must be used.

4. Where broad-based dips, water bars, and culverts prove to be insufficiently spaced, new structures must be added. Until a culvert can be installed, hardened cross drains may be used temporarily.

5. Where locations in the road do not dry up after rains, the road must be maintained by adding rock and/or fiber matting.

58CSR35

58CSR35

Series 36 Cabwaylingo State Forest Trail System Two Year Pilot Project Permitting ATVs and ORVs

W. Va. Code R. § 58-36-1 General

1.1. Scope and Purpose. -- The purpose of this rule is to provide for the regulation of the two-year pilot project permitting all-terrain or off-highway recreational vehicles on designated roads and trails in Cabwaylingo State Forest.

1.2. Authority. -- W.Va. Code §§20-3-3a(e), 20-7-9.

1.3. Filing Date. – April 19, 2024.

1.4. Effective Date. – April 19, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.

W. Va. Code R. § 58-36-2 Definitions

2.1. “Bicycle” means every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device.

2.2. “Cabwaylingo State Forest” means the entire recreation area, including all forest acreage and facilities located within the recreation area, managed by the state.

2.3. “Cabwaylingo State Forest Trail System” means the system of recreational trails and appurtenant facilities within Cabwaylingo State Forest as designated in consultation with the director of the Division of Forestry and approved by the director and marked as included in Cabwaylingo State Forest Trail System.

2.4. “Director” means the director of the Division of Natural Resources.

2.5. “Division” means the Division of Natural Resources.

2.6. “Driver” means a person who drives or is in actual physical control of a vehicle or trail animal.

2.7. “Highway or street” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, except any trail.

2.8. “Motor vehicle” means every vehicle that is self-propelled except a motorized wheelchair.

2.9. “Multi-Use Trail” means a way within Cabwaylingo State Forest Trail System that is maintained by the Trail System Operator for ATV, ORV, UTV, Bicycle, Motorcycle, Pedestrian, and/or Trail Animal recreational use that is marked and designated by the Trail System Operator on official maps and on the trail itself with traffic-control devices to regulate, warn, and guide public recreational use.

2.10. “Pedestrian” means any person afoot and any person in a wheelchair, including a motorized wheelchair.

2.11. “Person” means every natural person, firm, co-partnership, association, or corporation.

2.12. “Traffic” means pedestrians, trail animals, and vehicles, either singly or together, while using any highway or trail for purposes of travel.

2.13. “Traffic-control device” means all signs, signals, markings, devices, fences, barriers, and gates not inconsistent with the rules in this series placed or erected at the discretion of the division by the Trail System Operator having jurisdiction for the purpose of regulating, warning, or guiding traffic, or to close or control access to a particular way or area.

2.14. “Trail animal” means any horse, pony, donkey, mule, or other animal capable of being ridden for recreational purposes on a trail.

2.15. “Trail System Operator” means any person, partnership, limited liability company (“LLC”), corporation, joint development entity, other organization, or any combination thereof, who has contracted with the division for operational responsibility of Cabwaylingo State Forest Trail System that includes ATV, ORV, UTV, Bicycle, Motorcycle, Pedestrian, and/or Trail Animal recreational use designated by the division for either non-profit or monetary profit or gain.

2.16. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a trail or highway, excepting devices used exclusively on stationary rails or tracks.

2.17. All other terms shall have the meaning prescribed in W. Va. Code §20-15-1 et seq.

W. Va. Code R. § 58-36-3 Incorporation of Duties Imposed on Participants and Authorized Outfitters and Licensees by W. Va. Code §20-15-1 et seq., (ATV, UTV and Motorcycle Responsibility Act) and W. Va. Code §20-4-1 et seq., (Equestrian Activities Responsibility Act)

3.1. All persons using Cabwaylingo State Forest Trail System and all Trail System Operators shall comply with W. Va. Code §20-15-1, et seq., (ATV, UTV and Motorcycle Responsibility Act), which is incorporated herein by reference.

3.2. All persons using Cabwaylingo State Forest Trail system and all Trail System Operators shall comply with W. Va. Code §20-4-1, et seq. (Equestrian Activities Responsibility Act), which is incorporated herein by reference.

W. Va. Code R. § 58-36-4 General Rules Governing Public Use of Trails and Facilities of Cabwaylingo State Forest Trail System

4.1. A person may not enter or remain upon the Cabwaylingo State Forest Trail System without authorization from the Trail System Operator.

4.2. Each person shall obey all traffic laws, traffic-control devices, and signs within the Cabwaylingo State Forest Trail System, including those which restrict trails to certain types of motor vehicles, motorcycles, those equipped with roll cages, bicycles, trail animals and pedestrian use.

4.3. Each person on any vehicle, bicycle, or trail animal shall at all times remain within and on a designated and marked trail while within the Cabwaylingo State Forest Trail System.

4.4. A person may not consume or possess any alcoholic liquor, nonintoxicating beer, nonintoxicating craft beer, wine, or controlled substances at any time or any location within the Cabwaylingo State Forest Trail System.

4.5. A person may not operate a vehicle or ride a trail animal on any multi-use trail within the Cabwaylingo State Forest Trail System at any time from one half-hour after sunset until one half-hour before sunrise, except in an emergency.

4.6. No person operating a vehicle or riding a trail animal shall do so in any manner that intentionally creates an erosive condition or intentionally injures, damages, or destroys trees or plants.

4.7. A person may not possess a glass container on any multi-use trail within the Cabwaylingo State Forest Trail System.

4.8. A person within the Cabwaylingo State Forest Trail System may not operate a vehicle or ride a trail animal in any competition or exhibition of speed acceleration, racing, test of physical endurance, or climbing ability unless in an event approved by a Trail System Operator and area superintendent.

4.9. All persons using Cabwaylingo State Forest Trail System shall comply with the provisions of 58 CSR 31, Public Use of West Virginia State Parks, State Forests, and State Wildlife Management Areas under the Division of Natural Resources, except where inconsistent with the provisions of this rule and except as to those provisions of 58 CSR 31 which by their nature can have no application and may not act in violation of those provisions.

W. Va. Code R. § 58-36-5 Drivers and passengers Using Cabwaylingo State Forest Trail System

5.1. Every person operating a motor vehicle within the Cabwaylingo State Forest Trail System is subject to all the duties applicable to the driver of a motor vehicle by the provisions of W. Va. Code §17C-1-1 et seq., except where inconsistent with the provisions of this rule and except as to those provisions of W. Va. Code §17C-1-1 et seq. which by their nature can have no application and may not operate a motor vehicle in violation of those duties.

5.2. A person may not operate or ride in a utility terrain vehicle, as defined in W. Va. Code §17F-1-1 et seq. or any other motor vehicle with bench or bucket seating and a steering wheel for control unless equipped with seat belts meeting a minimum federal motor vehicle safety standard and properly worn by the driver and all passengers.

5.3. All persons operating or riding upon an ATV, UTV, or motorcycle as defined in W. Va. Code §20-15-1 et seq. shall follow the manufacturer’s recommendations for that vehicle relating to age and size limitations for operators and passengers.

5.4. Every person within the Cabwaylingo State Forest Trail System who is under 16 years of age shall at all times be under the immediate supervision of, and within sight of, a person who is at least 18 years of age and who either is a parent or guardian of the youth or has the express permission of a parent or guardian to supervise the youth. No parent, guardian, or supervising adult may allow a child under the age of sixteen years to leave that person's sight and supervision within the Cabwaylingo State Forest Trail System.

5.5. No child under the age of six may be allowed on any motor vehicle while being operated on any trail within Cabwaylingo State Forest Trail System.

5.6. No child under the age of eight years who is required to be placed in a child passenger safety device system meeting applicable federal motor vehicle safety standards pursuant to W. Va. Code §17C-15-46 while occupying a motor vehicle may be allowed on any trail within Cabwaylingo State Forest Trail System.

5.7. The operator and all passengers of a motor vehicle in Cabwaylingo State Forest Trail System shall wear size-appropriate protective helmets at all times. All operators and passengers shall wear helmets that meet the current performance specifications established by the American National Standards Institute standard, z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standard no. 218 or Snell Memorial Foundation safety standards for protective headgear for vehicle users.

W. Va. Code R. § 58-36-6 Enforcement of Rules Governing Public Use of Cabwaylingo State Forest

6.1. It is the duty and responsibility of Natural Resource Police Officers, Special Natural Resource Police Officers, and other authorized law enforcement officers to enforce these rules.

6.2. Criminal Violation of rules and penalties: A person who violates any provision of this rule is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with W. Va. Code §20-7-9.

Series 38 Public Shooting Ranges

W. Va. Code R. § 58-38-1 General

1.1. Scope and Purpose. -- This legislative rule establishes regulations to govern use of public shooting ranges located on state wildlife management areas, state forests and on other private or governmental entities in which the Division holds a cooperative management agreement.

1.2. Authority. -- W. Va. Code §§20-1-7(31) and 20-3-2.

1.3. Filing Date. – May 9, 2022.

1.4. Effective Date. – May 9, 2022.

1.5. This rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 58-38-2 Definitions

2.1. "Division" means the West Virginia Division of Natural Resources.

2.2. “Firing Line” means the line directly in front of and parallel to the shooting benches from which gunfire is directed at targets.

2.3. "Public Shooting Range" means any range on a property owned or administered by the Division which is open to the general public for the practice of archery, air bow shooting, air gun shooting, firearm and muzzleloader shooting, trapshooting (skeet), or a combination of such sports. 2.4 “Target Shooting” means the discharge of a firearm, muzzleloader, bow, air bow, air gun or crossbow for purposes other than hunting, trapping, and self-defense.

2.5. “Weapon” for the purpose of this rule means a firearm, muzzleloader, bow, air bow, air gun or crossbow.

2.6. "Wildlife Management Area" or “WMA” means any public hunting area, public fishing area, or public hunting and fishing area administered by the Division.

2.7. All other terms have the meaning prescribed to them in W. Va. Code of State Rules, Title 58 Series 46 Defining the Terms Used In All Hunting and Trapping.

W. Va. Code R. § 58-38-3 General Regulations

3.1. Property Damage. It is illegal to shoot, cut, damage, deface, or destroy any building, structure, rock, shrub, sign, tree, or other property on public shooting ranges.

3.2. Safety Zones. It is illegal to discharge a weapon within an established safety zone on WMAs, with the exception that users of a public shooting range are permitted to discharge a weapon as prescribed in section 4 of this rule.

W. Va. Code R. § 58-38-4 Public Shooting Ranges

4.1. Hours of Operation. Hours of operation will be posted at the entrance to each public shooting range and no person may utilize the range except during the posted hours. The range may be temporarily closed at the discretion of the responsible District Wildlife Biologist or Wildlife Manager, or other authorized party at a private or local governmental entity in which there is a cooperative management agreement in place with the Division.

4.2. Range Safety. All range visitors using a public shooting range must observe all posted range safety rules.

4.2.1. All recreational activities (e.g., hunting, trapping, fishing, etc.), except for permitted uses of the public shooting range, are prohibited within the boundaries of the posted and delineated safety zone of a public shooting range.

4.2.2. Target shooting on WMAs and state forests is prohibited except at a designated public shooting range.

4.3. Shooting Range Targets.

4.3.1. Only paper, clay, polymer, plastic, and metal silhouette targets may be used on public shooting ranges on WMAs without prior approval of the District Wildlife Biologist or WMA Wildlife Manager. Glass, plastic, or metal containers or any other items not manufactured for the purpose of being used as a target may not be used as targets on public shooting ranges.

4.3.2. After use targets, silhouettes, ammunition casings, shells, and other items brought to a public shooting range must be removed from the range by the shooter and taken with them upon leaving the public shooting range or items may be disposed of in containers provided at the range.

4.3.3. The shooting of flying clay targets (e.g., trapshooting, skeet, sporting clays, etc.) is prohibited on public shooting ranges unless the range has been constructed to accommodate clay target shooting and is appropriately signed for that use.

4.3.4. The use of explosive and incendiary targets is prohibited on public shooting ranges.

4.4. Other Prohibitions.

4.4.1. Alcoholic beverages are prohibited within the boundaries of all public shooting ranges.

4.4.2. No person who is an impaired state by use of alcohol, a controlled substance, or other drug may handle a weapon at a public shooting range.

4.4.3. Except for persons who are under 16 years of age and who have a valid West Virginia hunting license or who are a member of a shooting sports team or club, no person under 16 years of age may use the public shooting range unless directly supervised by an individual 18 years of age or older.

4.4.4. The use of incendiary, explosive, and tracer ammunition is prohibited on public shooting ranges: Provided, That tracer ammunition may be utilized at certain ranges that the Director determines do not create a substantial risk of fire.

4.4.5. Hawking, peddling, soliciting, begging, advertising, or carrying on any business or commercial enterprise is prohibited on public shooting ranges without the written permission of the Director of the Division of Natural Resources.

4.4.6. Loitering at public shooting ranges including the associated parking area is prohibited.

4.5. Use of Weapons at Public Shooting Ranges.

4.5.1. All weapons must be unloaded, and weapon handling must cease while any person is forward of the firing line. Weapons may be loaded and discharged only at established shooting stations.

4.5.2. No person may move forward of the firing line until all firing has ceased, all users acknowledge an "All Clear" command and all weapons have been unloaded and placed on the shooting benches.

4.5.3. Weapons must always be pointed downrange or in a safe direction.

4.5.4. Use of fully automatic weapons is permitted only by an individual authorized to possess the weapon in accordance with the National Firearms Safety Act of 1934.

4.5.5. No person may use a weapon in a manner that causes damage or destruction of any shooting range infrastructure or facility beyond that expected from reasonable use. Weapons utilizing a cartridge of .50 caliber and larger are permitted unless otherwise deemed inappropriate for use at a range designated unsuitable for large caliber ammunition. This prohibition does not apply to muzzleloaders.

W. Va. Code R. § 58-38-5 Penalties

5.1. Any person violating the provisions of this rule is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with W. Va. Code §20-7-9.

58CSR38

Series 41 Wildlife Damage Control Agents

W. Va. Code R. § 58-41-1 General

1.1. Scope and Purpose. -- This legislative rule establishes standards to govern the licensing, training, and operations of wildlife damage control agents in West Virginia.

1.2. Authority. -- W. Va. Code § 20-2-7 and § 20-2-50a.

1.3. Filing Date. -- May 11, 2015.

1.4. Effective Date. -- May 11, 2015.

W. Va. Code R. § 58-41-2 Definitions

2.1. “Wildlife Damage Control Agent” or “Agent” means a person who is licensed by the Division of Natural Resources and who is authorized to take and dispose of wildlife found to be creating a nuisance in or around homes, businesses and other places where the presence of wildlife may be a nuisance.

2.2. Wildlife Damage Control means the act of taking, harassing, restraining, disposing or otherwise interfering with wildlife as listed in Subdivisions 7.1.g., 7.1.h., and 7.1.i. of this rule and as defined in W. Va. Code §20-1-2.

2.3. “Director” means the Director of the Division of Natural Resources.

2.4. “Division” means the Division of Natural Resources.

2.5. All other terms have the meaning prescribed in W. Va. Code § 20-1-2.

W. Va. Code R. § 58-41-3 Licensing

3.1. A person seeking a wildlife damage control license shall complete a written application on forms supplied by the Director and submit the completed application to the district headquarters of the Law Enforcement Section, Division of Natural Resources. All applications shall contain the following information:

3.1.a. The name of the applicant, and the applicant’s address, telephone number, date of birth, social security number and state business tax number.

3.1.a.1. An applicant must be eighteen (18) years of age or older to be issued a wildlife damage control license and

3.1.b. In the event the applicant is a corporation, partnership, firm, business or other commercial entity, club, organization or association, the name, address and telephone number of all officers. Each agent engaged in wildlife damage control must be individually licensed.

3.2. The applicant shall demonstrate his or her knowledge of wildlife damage control procedures, laws, rules, and policies through the satisfactory completion of a written test.

3.3. An applicant who does not achieve the minimum score required for the satisfactory completion of the written test shall wait a minimum of thirty (30) days prior to re-testing.

3.4. A wildlife damage control license is valid for a period of one calendar year and must be renewed annually.

3.2.a. The Division shall test all agents at five (5) year intervals upon application for license renewal.

3.5. The license is not transferable.

W. Va. Code R. § 58-41-4 Annual Fee

4.1. The Division shall charge an annual fee of fifty dollars ($50) for issuance of a wildlife damage control license to agents who charge a fee for their services.

4.1.a. A corporation, partnership, firm, business or other commercial entity, club, or organization having multiple agents shall pay the annual license fee plus a fee of ten dollars ($10) for each agent annually.

4.2. The Division shall waive the fifty dollar ($50) annual fee for employees of a municipal or other government agency, when the employee is acting as an agent for the agency.

W. Va. Code R. § 58-41-5 Background Check

5.1. Upon receipt of a completed application, the natural resource police officer in the district of the applicant's residence, shall determine if the applicant has, within the last five (5) years, been convicted of a violation of any federal or state statute or rule or regulation which is related to the activity for which the license is sought. If the natural resource police officer determines that a violation exists, the Division shall not issue a wildlife damage control license for a period of at least five (5) years after the violation.

W. Va. Code R. § 58-41-6 Training

6.1. The Director may provide training requirements for wildlife damage control agents.

W. Va. Code R. § 58-41-7 Procedures

7.1. The following procedures and restrictions regulate wildlife damage control agents:

7.1.a. The agent is not exempt from compliance with the provisions of other state, local, or federal laws.

7.1.b. The wildlife damage control agent shall identify the offending wildlife, if possible, and recommend methods of control, estimated costs, and advantages and disadvantages of each method. The agent shall explain how much of the problem will be resolved by the recommended methods.

7.1.c. While engaged in wildlife damage control, the agent shall obey all hunting and trapping laws and rules with the following exceptions:

7.1.c.1. Traps may be set at any time;

7.1.c.2. Woodchucks may be controlled by gas cartridges;

7.1.c.3. Wildlife dens of authorized species in subdivisions 7.1.g. and 7.1.h. of this rule may be disturbed and destroyed. Nests of state and federally protected birds containing eggs or young may be disturbed and destroyed after obtaining appropriate state and federal permits;

7.1.c.4. Authorized species of wildlife in subdivisions 7.1.g. and 7.1.h. of this rule may be taken by net, bait, or trap;

7.1.c.5. Authorized species in subdivisions 7.1.g. and 7.1.h. of this rule may be possessed for up to 72 hours during the closed season;

7.1.c.6. Wildlife damage control agents may use electronic means to check on the status of a trap while acting pursuant to the authority granted under the license. If the electronic device malfunctions or in any way ceases to provide the wildlife damage control agent with real-time updates on the trap, the wildlife damage control agent shall physically check the trap within 24 hours; and

7.1.c.7. Agents may be authorized to use other methods of control as recommended by the district wildlife biologist or district natural resource police officer.

7.1.d. Agents using restricted use pesticides to take or control wildlife species must be certified and licensed with the West Virginia Department of Agriculture. Certified pesticide applicators providing wildlife damage control services must possess a wildlife damage control agent license.

7.1.e. Agents shall use foot-hold traps in municipalities of the type approved by the Director and shall set the traps so as to avoid free roaming pets. If pets are captured the agent shall release them to the owners when the owner can be identified, release them at the site of capture or release them to appropriate county officials. An agent shall immediately release wildlife species not responsible for nuisance or damage.

7.1.f. All trapping devices must have the agent's name and address on a durable plate or tag attached to the trapping device.

7.1.g. A wildlife damage control license authorizes the agent to control problem animals of the following species or groups of species: pigeons (rock pigeon), house sparrow, European starling, red-winged blackbird, brown-headed cowbird, grackle, opossum, moles, bats, cottontail rabbit, snapping turtle, snakes, chipmunk, grey squirrel, fox squirrel, red squirrel, southern flying squirrel, woodchuck, muskrat, rats, mice, voles, raccoon, weasels, red fox, gray fox, coyote, mink and striped skunk, provided that the species listed in subdivision 7.1.i. may not be killed, captured, or disturbed. Crow, grackle, red-winged blackbird, and brown-headed cowbird may be controlled under state and federal rules and regulations.

7.1.g.1. An agent shall follow bat exclusion guidelines which have been developed by the Division and which are provided to an agent upon issuance of his or her Wildlife Damage Control Agent license.

7.1.h. An agent may control the following species or groups of species, only with prior approval of the district wildlife biologist and the district natural resource police officer: white-tailed deer, black bear, bobcat, fisher, beaver, otter, wild turkey, wild boar, elk and any species not listed in subdivision 7.1.g. and 7.1.i. of this rule. An agent may only take federally protected birds with a U.S. Fish and Wildlife Service depredation permit.

7.1.i. The following species or group of species shall not be controlled by wildlife damage control agents: migratory birds (except as listed in subdivisions 7.1.g. and 7.1.h. of this rule), salamanders, frogs, toads, turtles (except as listed in subdivision 7.1.g. of this rule), skinks, eastern ribbon snake (Thamnophis sauritus sauritus), mountain earth snake (Virginia valeriae pulchra), corn snake (Elaphe guttata guttata), Northern pine snake (Pituophis melanoleucus melanoleucus), eastern king snake (Lampropeltis getula getula), long-tailed shrew (Sorex dispar), pygmy shrew (Sorex hoyi), northern water shrew (Sorex palustris), eastern small-footed myotis (Myotis leibii), northern long-eared bat (Myotis septentrionalis), Indiana bat (Myotis sodalis), Rafinesque's big-eared bat (Corynorhinus rafinesquii), Virginia big-eared bat (Corynorhinus townsendii virginianus), northern flying squirrel (Glaucomys sabrinus), Allegheny woodrat (Neotoma Magister), rock vole (Microtus chrotorrhinus), prairie vole (Microtus ochrogaster), golden mouse (Ochrotomys nuttalli), eastern harvest mouse (Reithrodontomys humulis), meadow jumping mouse (Zapus hudsonius), least weasel (Mustela nivalis), eastern spotted skunk (Spilogale putorius), or threatened, endangered or candidate species as designated by the Endangered Species Act of 1973, as amended.

W. Va. Code R. § 58-41-8 Disposition of Nuisance Wildlife

8.1. The agent shall euthanize in a humane manner, or liberate at the site of capture, any nuisance wildlife which are captured alive. The agent shall not relocate and release any captured wildlife without the prior approval of the district wildlife biologist.

8.1.a. The sale, trade, barter or donation of any live or dead wildlife or parts of wildlife taken under this license is prohibited. In the event the trapping or hunting season for the particular species is open and the agent has the appropriate hunting and trapping license, the agent may retain the carcass or parts of the carcass up to the legal season limit. The agent shall dispose of carcasses which are not used in a manner consistent with state and local laws and regulations.

8.2. The agent shall coordinate with the district wildlife biologist concerning the disposition and handling of diseased animals.

8.3. The agent shall collect and provide the Division of Natural Resources information on the health or biology of nuisance wildlife upon request and with guidelines provided by the district wildlife biologist.

8.4. If any person is bitten or exposed to an animal during the disposition of nuisance wildlife, the agent shall immediately notify the West Virginia Department of Health and Human Resources - local health department in the county in which the incident occurred, and the district wildlife biologist. The agent shall retain the animal and/or carcass for disease testing purposes and coordinate directly with the West Virginia Department of Health and Human Resources.

W. Va. Code R. § 58-41-9 Records and Reports

9.1. The following records and reports are required:

9.1.a. An agent shall keep daily records on all investigated wildlife damage complaints. The records shall include the date of the investigations, the name of the complainant, the number and species of animals involved, the type of damage, the disposition of the complaint, and any other information required by the Director. Records of all wildlife taken shall be available for inspection by a natural resources police officer at any reasonable time.

9.1.b. The agent shall file an annual report with the Law Enforcement Section, Division of Natural Resources, at the end of each calendar year. The report shall be on forms supplied by the Director and shall accompany the application for renewal of the animal damage control license. The Division shall not renew the animal damage control license until a satisfactory annual report is received. The report shall include any information required by the Director and shall be complete and legible.

W. Va. Code R. § 58-41-10 Revocation and Suspension

10.1. The Director may revoke a wildlife damage control license at any time, for failure to comply with the conditions of the license. The Director may upon receiving one or more complaints in a year from persons seeking assistance regarding unsatisfactory or unethical performance by a licensed wildlife damage control agent, suspend the agent’s license for a period determined by the Director. A person whose license has been suspended may request a formal hearing within thirty (30) days before a review board to show cause why the license should not be suspended. The review board shall be composed of three (3) people - one appointed by the Director of the Division of Natural Resources, one appointed by the Chief of the Wildlife Resources Section, and one appointed by the Chief of the Law Enforcement Section. The decision of the review board is final.

W. Va. Code R. § 58-41-11 Liabilities

11.1. The Division of Natural Resources is not liable for any action, lack of action, damage, or injuries caused or suffered by the wildlife control agent.

58CSR41

Series 42 Wildlife Scientific Collecting Permit

W. Va. Code R. § 58-42-1 General

1.1. Scope and Purpose. -- This legislative rule establishes procedures and requirements for the application and issuance of scientific collecting permits.

1.2. Authority. -- W. Va. Code §§20-1-7(30) and 20-2-50.

1.3. Filing Date. -- March 27, 2008.

1.4. Effective Date. -- March 27, 2008.

W. Va. Code R. § 58-42-2 Definitions

2.1. “Director” means the Director of the Division of Natural Resources.

2.2. “Division” means the West Virginia Division of Natural Resources.

2.3. All other terms have the meaning prescribed in W.Va. Code §20-1-2.

W. Va. Code R. § 58-42-3 Application

3.1. An applicant for a wildlife scientific collecting permit shall submit an application to the Director or his or her designated representative on the forms prescribed by the Director.

3.2. The application form shall contain the following information:

3.2.1. The name, address and telephone number of the applicant;

3.2.2. The applicant’s institutional affiliation, if any;

3.2.3. The applicant’s profession;

3.2.4. The specific manner of collection, collection dates and collection locations;

3.2.5. The purpose for which specimens are to be collected;

3.2.6. The disposition of collected specimens; and

3.2.7. A listing of the species and numbers of species to be collected.

W. Va. Code R. § 58-42-4 Conditions of Issuance, Denial, and Revocation

4.1. The Director shall determine if an applicant possess the appropriate educational and professional experience to collect and handle wildlife designated on the permit.

4.2. The Director shall not issue permits for the purpose of killing deer or bear.

4.3. The Director may place restrictive provisions on the permit to minimize the unnecessary loss of the State’s wildlife. These restrictions may include:

4.3.1. Limitations on species and/or the number to be taken;

4.3.2. Limitations on the manner and/or equipment used to take wildlife; and

4.3.3. Limitations on the locations and/or time of year of collections;

4.4. The Director may deny a permit based on:

4.4.1. Inappropriate conduct of the applicant, including but not limited to, past or current violations of federal or state wildlife laws or rules or regulations;

4.4.2. Past noncompliance of the applicant with permit provisions; and

4.4.3. The current population status of wildlife to be collected, such as federally threatened or endangered species, or other conditions which necessitate a ban or limitation of any taking.

4.5. The Director may revoke any permit for the following reasons:

4.5.1. A permittee’s non-compliance with permit provisions;

4.5.2. Violation of state or federal laws or rules or regulations by the permittee; or

4.5.3. For good cause.

4.6. The permittee shall contact the Division - Law Enforcement Section prior to initiating the taking of wildlife within the time period shown on the permit if notice is required as a condition of the permit.

4.7. The permittee shall contact the Division - Wildlife Resources personnel within the time period shown on the permit, if contact is required as a condition of the permit.

4.7.1. The permittee shall notify the Division - Wildlife Resources Section contact listed on the permit within twenty-four (24) hours of the occurrence of any unexplained deaths occurring in wildlife captured or held under his or her permit.

4.7.2. The permittee shall notify the Division of Natural Resources - Wildlife Resources Section contact listed on the permit within twenty-four (24) hours of the occurrence of any diseased wildlife captured or held under his or her permit.

W. Va. Code R. § 58-42-5 Permit Length

5.1. The Director shall determine the length of the permit, but may not issue a permit which extends beyond the end of the calendar year.

W. Va. Code R. § 58-42-6 Record Keeping and Reporting

6.1. The permittee shall submit a report on forms prescribed by the Director to the Wildlife Resources Section no later than forty-five (45) days after the termination date of the permit.

W. Va. Code R. § 58-42-7 Penalties

7.1. Any person who fails to obtain a scientific wildlife collecting permit or to comply with any of the provisions of the permit is subject to the penalties as prescribed in W. Va. Code §20-7-9.

W. Va. Code R. § 58-42-8 Fees 8.1 The annual fees for scientific collecting permits are as follows:

8.1.1. Consultants - $200.00;

8.1.2. Out-of-state academics or students - $25.00;

8.1.3. In-state academics or students – No fee;

8.1.4. Falconers - $25.00; and

8.1.5. State agencies (in- or out-of-state), federal government, non-profit groups – No fee

8.2. Fees shall accompany the application.

Series 43 West Virginia Wildlife Management Areas

W. Va. Code R. § 58-43-1 General

1.1. Scope and Purpose. -- This legislative rule establishes regulations to govern public use of West Virginia wildlife management areas.

1.2. Authority. -- W. Va. Code ''20-1-7(30) and 20-3-2.

1.3. Filing Date. -- May 8, 1995.

1.4. Effective Date. -- May 9, 1995.

1.5. Repeal of Former Rule. -- These rules repeal and replace 58 C.S.R. 6 "West Virginia Wildlife Management Areas" that were filed on June 24, 1993 and became effective June 24, 1993.

W. Va. Code R. § 58-43-2 Definitions

2.1. "All-Terrain Vehicle" or "ATV" means any motordriven vehicle specifically designed for off-road recreational activities that is not subject to vehicle registration requirements established under the provisions of W. Va. Code ' 17A.

2.2. "Division" means the West Virginia "Division" of Natural Resources.

2.3. "Wildlife Management Area" means any public access areas, public hunting areas, public fishing areas, public hunting and fishing areas, public shooting grounds, or public shooting ranges administered by the "Division". For the purpose of this rule the term "wildlife management area" also includes the West Virginia State Wildlife Center at French Creek.

2.4. "Public Shooting Range" means any range on a property owned or administered by the Division which is open to the general public for the practice of archery, pistolry, riflery, trapshooting (skeet), or a combination of such sports.

2.5. "Bicycle or Mountain Bike" means any light vehicle having two (2) wheels one behind the other, a steering handle, a saddle seat or seats, and pedals by which it is propelled.

2.6. "Horse" means all members of the Genus Equus.

2.7. All other terms have the meaning prescribed to them in The Rule Defining the Terms To Be Used Concerning All Hunting and Trapping Regulations (58 C.S.R. 46).

W. Va. Code R. § 58-43-3 General Regulations

3.1. Abandoned Property. The Division assumes no responsibility for watercraft or other personal property used on a wildlife management area. If such property is abandoned or left unattended for a period in excess of forty-eight (48) hours, the Division may remove and dispose of the property in accordance with applicable provisions of the West Virginia Code.

3.2. Camping. Tent and trailer camping on wildlife management areas is permitted in designated areas only. Any person who occupies a campsite for which there is a rental fee must pay that fee upon entering the wildlife management area.

3.3. Fires. Fires are permitted on wildlife management areas only in fireplaces, fire rings, or grates which have been provided by the State or in areas designated by the Division. Fires must be completely extinguished before a person leaves the site of the fire.

3.4. Livestock Grazing. It is illegal to graze livestock on a wildlife management area without first obtaining a special use permit from the Division.

3.5. Noises and Disturbances. Loud or excessive noise, disorderly conduct, or other disturbances are prohibited on wildlife management areas.

3.6. Property Damage. It is illegal to cut, damage, deface, or destroy any building, rock, shrub, sign, tree, or other property on a wildlife management area.

3.7. Removal of Objects. It is illegal to remove any man-made or natural object from a wildlife management area, except game legally taken during the open seasons prescribed under Rule Title 58 C.S.R. 45, 55, and 60. Objects which may not be removed include, but are not limited to, animals, plants, rocks and minerals, sand, and historical or archaeological artifacts.

3.8. Vehicles in Wildlife Management Areas.

3.8.1. The maximum speed limit for vehicles is thirty (30) miles per hour, unless a lower speed limit is posted. Drivers must observe all traffic signs and directions.

3.8.2. The driving of any vehicle in a manner which creates a nuisance to other persons by repetitive or continuous cruising is prohibited.

3.8.3. The use of all-terrain vehicles (ATVs), motorbikes and snowmobiles is prohibited except where specifically permitted by posted signs on designated roads and trails.

3.8.4. The driving of any vehicle, ATV, or snowmobile in a manner so as to harass, chase, or annoy any animal or bird is prohibited.

3.9. Tree Stands. Only portable tree stands may be used on public lands.

W. Va. Code R. § 58-43-4 Special Regulations

4.1. Stonecoal Wildlife Management Area. No person may create a shoreline development of any kind on the lands and waters under the administrative control of the Division within the boundaries of the Stonecoal Wildlife Management Area.

4.2. West Virginia State Wildlife Center at French Creek. Alcoholic beverages are prohibited within the boundaries of the West Virginia State Wildlife Center.

W. Va. Code R. § 58-43-5 Bureau of Commerce Facilities

5.1. The rules found in Title 144 C.S.R. 1 are in effect for those recreational facilities and areas administered by the West Virginia Bureau of Commerce in the following wildlife management areas:

5.1.1. Berwind Lake (McDowell County).

5.1.2. Big Ditch Lake (Webster County).

5.1.3. Bluestone Lake (Mercer and Summers Counties).

5.1.4. Laurel Lake (Mingo County).

5.1.5. Moncove Lake (Monroe County).

5.1.6. Pleasant Creek (Barbour and Taylor Counties).

5.1.7. Plum Orchard Lake (Fayette County).

5.1.8. Teter Creek Lake (Barbour County).

W. Va. Code R. § 58-43-6 Public Shooting Ranges

6.1. Hours of Operation. Hours of operation will be posted at the entrance to each public shooting range and no person may utilize the range except during the posted hours. The range may be temporarily closed at the discretion of the responsible district game biologist or area manager.

6.2. Range Safety. Each shooter utilizing a public shooting range must observe all posted range safety rules.

6.3. Shooting Range Targets.

6.3.1. Glass or metal containers may not be used as targets on any public shooting range. Only paper, clay and metal silhouette targets may be used on the public shooting range without prior approval of the district game biologist or area manager.

6.3.2. After use, targets or silhouettes must be removed from the range by the shooter or disposed of in containers provided at the range.

6.4. Other Prohibitions.

6.4.1. Alcoholic beverages are prohibited within the boundaries of all public shooting ranges.

6.4.2. No person may handle a weapon at a public shooting range while under the influence of alcohol, a controlled substance or other drug, or while under the combined influence of alcohol and a controlled substance or other drug.

6.4.3. Except for persons who are under 16 years of age and who have a valid West Virginia hunting license, no person under sixteen (16) years of age may use the public shooting range unless directly supervised by a person eighteen (18) years of age or older.

6.5. Firearms.

6.5.1. All firearms must be unloaded and firearm handling must cease while any person is forward of the firing line. Firearms may be loaded and discharged only at established shooting stations. The firing line shall be defined as the line directly in front of and parallel to the shooting benches.

6.5.2. No person may move forward of the firing line until all firing has ceased, all users acknowledge an "All Clear" command and all firearms have been unloaded and placed on the shooting benches.

6.5.3. Firearms must be pointed downrange at all times.

6.5.4. Use of fully automatic firearms is prohibited unless otherwise designated by the district game biologist.

W. Va. Code R. § 58-43-7 Mountain Bikes or Bicycles in Wildlife Management Areas

7.1. The use of mountain bikes or bicycles are permitted only on roads normally open to public travel and designated routes as posted on the area.

7.2. Groups of ten (10) or more people must obtain a permit from the district game biologist or area manager prior to riding a designated route.

7.2.1. Group size will be limited to a maximum of twenty-five (25) people.

7.2.2. Use of the wildlife management area for competitive events is prohibited.

7.2.3. Group use is prohibited during Spring Gobbler Season and between October 10 and December 31 except Sundays.

7.2.4. No more than two (2) groups may use a designated route in the wildlife management area for each daylight period.

W. Va. Code R. § 58-43-8 Horseback Riding in Wildlife Management Areas

8.1. Horseback riding is permitted only on roads normally open to public travel and designated routes as posted on the area.

8.2. Groups of ten (10) or more people must obtain a permit from the district game biologist or area manager prior to riding a designated route.

8.2.1. Group size will be limited to a maximum of twenty-five (25) people.

8.2.2. Use of the wildlife management area for competitive events is prohibited.

8.2.3. Group use is prohibited during Spring Gobbler Season and between October 10 and December 31 except Sundays.

8.2.4. No more than two (2) groups may use a designated route in the wildlife management area for each daylight period.

8.3. Public use facilities.

8.3.1. No person shall bring or allow horses in designated camping areas.

8.3.2. Where horses are maintained in concentrations to create a solid waste problem, the owner shall be responsible for the removal and disposal of any waste produced by the animals. Feed shall be restricted to locally obtained or pelletized horse feed.

58CSR43

Series 44 Cooperation with Federal Government In Mgmt Of Federal Lands Within State

W. Va. Code R. § 58-44-1 General

1.1. Scope. -- Rules and regulations relating to cooperation with the federal government in management of federal lands within the state.

1.2. Authority. -- W. Va. Code '20-1-7 and '20-1-18(c).

1.3. Filing Date. -- October 3, 1983.

1.4. Effective Date. -- October 3, 1983.

W. Va. Code R. § 58-44-2 General Regulations

2.1. It shall be unlawful for any person to use a motorized vehicle on any part of a national forest closed to such use by the forest supervisor of that national forest.

58CSR44

Series 45 Hunting and Trapping Rules

W. Va. Code R. § 58-45-1 General

1.1. Scope. -- These rules establish the open seasons and the bag, size, age, weight, and sex limits with respect to the hunting and trapping of wildlife in West Virginia.

1.2. Authority. -- W. Va. Code §§20-1-17(b)(7), 20-2-5g(a) and 29A-1-3(c).

1.3. Filing Date. -- August 26, 2026.

1.4. Effective Date. -- August 29, 2026.

1.5. Seasons in General. -- All seasons, unless otherwise noted, are statewide and subject to change under the provisions of W. Va. Code §20-1-17(b)(7). Opening and closing dates are inclusive and time periods are prevailing time unless otherwise noted in these rules.

W. Va. Code R. § 58-45-2 Definitions

2.1. All terms shall have the meaning prescribed in W. Va. Code §20-1-2 and W. Va. Code of State Rules, Title 58 Series 46, Defining the Terms Used in All Hunting and Trapping.

W. Va. Code R. § 58-45-3 Deer Hunting Seasons

3.1. Buck Firearms Season. -- This season, for the firearms hunting of antlered deer, runs for 14 consecutive days commencing on the Monday preceding Thanksgiving with the following exceptions:

3.1.1. The buck firearms deer season is closed in the following: Logan, McDowell, Mingo, and Wyoming counties and the Wilson Cove Study Area.

3.2. Class N Antlerless Deer Season. -- This season, for the firearms hunting of antlerless deer, runs for the number of days and in counties or portions thereof designated by the Natural Resources Commission and published annually by the Director.

3.3. Archery Deer Season. -- This season opens on the last Saturday in September and closes on the last day in December.

3.3.1. During the archery deer season, both antlered and antlerless deer may be hunted statewide with a bow.

3.3.2. Special Urban Deer/Bear Archery/Crossbow Season. -- This season, which may be implemented within incorporated limits of a city, town, or village will be a split season. The initial season opens 21 days prior to the opening of the statewide deer archery season and closes on the last day in December. The second split opens on the second Monday in January and runs through January 31. This special deer season will in no way supersede local regulations or community prohibitions on hunting. The governing entity shall notify the Director by August 1 of their intentions to participate in the special urban deer archery/crossbow season during that year. All participating hunters are required to have a valid base hunting license or be exempt from having to purchase a base hunting license.

3.3.2.a. This season may also be implemented within incorporated homeowners’ associations that have defined boundaries. The governing entity of these associations shall submit a letter to the Director prior to March 1 of the year that the hunt is requested. Based on a field review, the Director may or may not grant the request. This special deer season will in no way supersede local regulations or community prohibitions on hunting.

3.3.2.b. Deer taken during this special season shall not apply to the regular archery or crossbow deer season bag limits under Section 3.11. of these rules.

3.3.2.c. The bag limit for all incorporated cities, towns, villages, and homeowners’ associations is seven deer which may include no more than two antlered deer and the first deer must be antlerless.

3.4. Crossbow Deer Season. -- This season opens on the last Saturday in September and closes on the last day in December.

3.4.1. During the crossbow deer season, both antlered and antlerless deer may be hunted statewide with a crossbow with the following exception:

3.4.1.a. The crossbow deer season is closed in the following counties: Logan, McDowell, Mingo, and Wyoming counties; except that a person with a valid Class Y permit may hunt with a crossbow during established archery seasons within these counties.

3.5. Muzzleloader Deer Season. -- This season runs for seven consecutive days commencing on the second Monday following the close of the buck firearms deer season, in all counties open to firearm deer hunting.

3.5.1. Deer of either sex may be taken during the muzzleloader season in those counties, or portions thereof, having a Class N antlerless season as designated by the Natural Resources Commission and published annually by the Director, and antlered deer only may be taken in those counties having a buck firearms deer season but no antlerless season.

3.5.2. A special muzzleloader season running for 14 consecutive days commencing on the Monday preceding Thanksgiving will be held on the Wilson Cove Study Area.

3.5.2.a. Antlered deer may be taken within boundaries of this area during the early 14-day muzzleloader season.

3.5.2.b. Antlerless deer may be taken during the Class N antlerless deer season established in Section 3.2 of this rule during this early 14-day muzzleloader season, provided only muzzleloaders, bows, and crossbows are permitted for use during this segment of the Class N antlerless deer season to hunt antlerless deer.

3.5.2.c. The Wilson Cove Study Area is approximately 5,200 acres located on the Wardensville Wildlife Management Area of the George Washington National Forest in Hardy County.

3.6. Special Deer Season. -- This season may be implemented within the boundaries of lands owned, operated, or controlled by the Federal or State government, during the period from October 1 to December 31. This special deer season will only be implemented when the resident deer population cannot be managed by general public hunting during the regular deer seasons for reasons of safety, security, or other special circumstances, as recommended by the Wildlife Resources Section. All participating hunters are required to have a valid base hunting license or be exempt from having to purchase a base hunting license.

3.6.1. During this special deer season, two deer may be taken which shall not apply to the regular annual archery, crossbow, muzzleloader, or firearms deer seasons bag limits under Section 3.11. of these rules.

3.7. Special Youth Deer Season. -- There will be a special split youth deer season for youth hunters under the age of 18, to be held on the third Saturday and following Sunday in October, and on the first two days after Christmas Day on private and public lands in counties open to a firearms deer hunting season.

3.7.1. During this special season, one antlerless deer may be taken per day which will not apply to the regular deer firearms bag limit under Section 3.11. of these rules.

3.7.2. During this special season, one antlered deer may be taken which will apply toward their annual antlered buck bag limit for all regular deer seasons combined under Section 3.11. of these rules.

3.8. Special State Park Deer Season. -- This season, for the hunting of deer with archery, crossbows, muzzleloaders, air rifles and/or firearms as designated by the Director, will be a permit hunt implemented within the boundaries of designated State Parks. The season runs for the number of days designated by the Natural Resources Commission and published annually by the Director. All participating hunters are required to have a valid base hunting license or be exempt from having to purchase a base hunting license.

3.8.1. During this season, two deer may be taken by each hunter as designated by the Director, one deer per day which shall not apply to the regular annual firearms, crossbow, muzzleloader, or archery deer season bag limits under Section 3.11. of these rules. The deer type (i.e., antlered, antlerless) which may be taken during this season will be designated by the Director.

3.9. Special Class Q and XS Deer Season. -- There will be a special split deer season for Class Q permit holders and Class XS license holders to be held on the third Saturday and following Sunday in October, and on the first two days after Christmas Day on private and public lands in counties open to firearms deer hunting season.

3.9.1. During this special season, one antlerless deer may be taken per day which will not apply to the regular deer firearms bag limit under Section 3.11. of these rules.

3.9.2. During this special season, Class Q permit holders may take one antlered deer which will apply toward their annual antlered deer bag limit for all seasons combined under Section 3.11. of these rules.

3.10. Mountaineer Heritage Deer/Bear/Turkey Season. This season runs for four consecutive days commencing on the second Thursday of January and closing on the following Sunday. One deer of either sex, one wild turkey of either sex, and one bear of either sex may be taken during this season.

3.10.1. This is a special primitive weapons season and only single-shot side-lock percussion and flintlock muzzleloader pistols and rifles with iron sights and only long and recurve bows are permitted during this season for deer. Crossbows are not permitted during this primitive weapons season.

3.10.2. This season is open statewide except that Logan, McDowell, Mingo, and Wyoming counties are limited to long and recurve bows only.

3.11. No person may take more than two antlered deer, except as provided in 3.11.1 and 3.11.2, or more than a total of 11 deer in this State during the period from July 1 to June 30 of the following year unless otherwise provided for in this series or he or she holds a valid permit to kill deer causing damage to crops as provided under West Virginia Code of State Rules, Title 58 Series 15, Permits to Kill Deer or Other Wildlife Causing Damage to Cultivated Crops, Trees, Commercial Nurseries and Homeowner’s Shrubbery, Vegetable Gardens and Other Property.

3.11.1. A person may take three antlered deer if at least one is taken from within a West Virginia Chronic Wasting Disease Containment Area.

3.11.2. A Class XS license holder may take three antlered deer statewide.

3.11.3. Deer taken during the open seasons established in Section 3 of this rule may be a combination of the following:

3.11.3.a. One deer by bow during the archery deer season or one deer by crossbow during the crossbow deer season.

3.11.3.b. One antlered deer by either bow, crossbow, muzzleloader, air rifle, or firearm during the buck firearms deer season.

3.11.3.c. One antlerless deer by either bow, crossbow, muzzleloader, air rifle, or firearm during the Class N antlerless deer season; except that three antlerless deer may be taken by bow, crossbow, muzzleloader, air rifle or firearm in selected counties or portions thereof designated by the Natural Resources Commission and published annually by the Director. Only one antlerless deer may be taken per Class N or NN stamp.

3.11.3.d. Two deer by bow or crossbow on Class RB or RRB stamps during the archery and crossbow deer seasons, provided that one of the deer must be an antlerless deer. No more than one antlered deer and no more than two total deer may be taken in counties closed to buck firearms hunting, including the Mountaineer Heritage Season. No more than one deer may be taken by bow on Class RB or RRB stamps in counties closed to antlerless firearms hunting.

3.11.3.e. One deer on Class RG or RRG stamp as follows: one antlered deer by either bow, crossbow, muzzleloader, air rifle or firearm during the buck firearms deer season.

3.11.3.f. One deer with a muzzleloader during the muzzleloader season on a Class RM or RRM stamp as follows: One deer of either sex in counties or parts thereof having a Class N season with a bag limit of one or more antlerless deer with unlimited licenses; or one antlered deer in all other counties or parts thereof having a firearms deer season as designated by the Natural Resources Commission and published annually by the Director.

3.11.3.g. One deer by single-shot muzzleloader rifle or pistol during the muzzleloader deer season. Only antlered deer may be taken during the muzzleloader deer season in counties or parts thereof closed to a Class N season.

3.11.3.h. One deer by single-shot side-lock percussion and flintlock muzzleloader pistols and rifles with iron sights or long and recurve bows during the Mountaineer Heritage Season.

3.11.4. In selected counties designated by the Natural Resources Commission and published annually by the Director, deer hunters are required to take an antlerless deer within the county, which may be taken during any regular deer season open to antlerless deer hunting, prior to harvesting a second antlered deer within the county. This regulation applies across all the combined regular deer seasons and the Mountaineer Heritage Season.

3.12. No person may hunt deer between 30 minutes after sunset and 30 minutes before sunrise on the following day.

3.13. The hunting of all game species for which a legal hunting season is open is permitted during the muzzleloader deer season.

3.14. Antler restrictions in effect on McClintic WMA, Beech Fork WMA, Burnsville WMA, Bluestone WMA, Little Kanawha River WMA, Calvin Price State Forest, and Coopers Rock State Forest. All antlered bucks taken on McClintic WMA, Beech Fork WMA, Burnsville WMA, Bluestone WMA, Little Kanawha River WMA, and Coopers Rock State Forest during the archery, crossbow, buck firearms, muzzleloader, and Mountaineer Heritage Seasons must have an outside antler spread of 14 inches or greater. Only one antlered deer may be taken on each area for all seasons combined.

3.15. Wilson Cove Study Area – only one antlered deer may be taken on this area for all seasons combined.

W. Va. Code R. § 58-45-4 Bear Hunting Seasons

4.1. Firearms Dog Bear Season. -- Except as provided in subsection 4.1.1. of this rule, the firearms dog bear season opens on the first Monday following the close of the buck firearms deer season and runs for the number of days and in the counties or portion of counties designated by the Natural Resources Commission and published annually by the Director.

4.1.1. The firearms dog bear season is also open for the number of days and in counties or portions of counties designated by the Natural Resources Commission and published annually by the Director.

4.2. Firearms/No Dogs Bear Season. -- The firearms/no dogs bear season opens on the first Monday following the close of the buck firearms deer season and runs for the number of days and in the counties or portions of counties designated by the Natural Resources Commission and published annually by the Director.

4.2.1. The firearms/no dogs bear season is also open for the number of days and in counties or portion of counties designated by the Natural Resources Commission and published annually by the Director.

4.2.2. Portions of the firearms/no dog season established in 4.2.1. of this rule may be by permit only.

4.2.3. Persons lawfully allowed to hunt during the bear firearms season are entitled to hunt with a crossbow or air rifle during this season.

4.3. Archery/No Dogs Bear Season. -- The archery/no dogs bear season opens statewide on the last Saturday in September and runs through the last day of December.

4.4. Crossbow/No Dogs Bear Season. -- The crossbow/no dogs bear season opens statewide on the last Saturday in September and runs through the last day of December.

4.5. Mountaineer Heritage Deer/Bear/Turkey Season. This season runs for four consecutive days commencing on the second Thursday of January and closing on the following Sunday. One bear may be taken during this season.

4.5.1. The use of dogs is prohibited during the Mountaineer Heritage Season.

4.5.2. This is a special primitive weapons season and only single-shot side-lock percussion and flintlock muzzleloader pistols and rifles with iron sights and only long and recurve bows are permitted during this season for bear. Crossbows are not permitted during this primitive weapons season.

4.5.3. This season is open statewide.

4.6. Special Youth/Class Q/XS Bear Season. -- There will be a special split youth/Class Q/XS bear season for youth hunters under the age of 18, Class Q permit holders, and Class XS license holders. The first split segment will be held on a Saturday and following Sunday in September designated by the Natural Resources Commission and published annually by the Director. The second segment will be held on the third Saturday and following Sunday in October.

4.6.1. The first split season will be open in all, or parts of those counties open to bear hunting with or without dogs and the use of dogs is permitted during this split of the Special Youth/Class Q/XS bear season.

4.6.2. The use of dogs is prohibited during the second split of the Special Youth/Class Q/XS Bear Season and this split is open on private and public lands in counties open to a firearms deer hunting season.

4.6.3. During this split special season, one bear may be taken per day which applies to the regular bear season annual bag limit. Furthermore, if a second bear is harvested, one of the bears must be harvested from those counties as designated by the Director.

4.7. Special Urban Deer/Bear Archery/Crossbow Season. -- This season, which may be implemented within incorporated limits of a city, town, or village will be a split season. The initial season opens 21 days prior to the opening of the statewide bear archery season and closes on the last day in December. The second split opens on the second Monday in January and runs through January 31. This special bear season will in no way supersede local regulations or community prohibitions on hunting. The governing entity shall notify the Director by August 1 of their intentions to participate in the special urban bear archery/crossbow season during that year. All participating hunters are required to have a valid base hunting license and a bear damage stamp or be exempt from having to purchase a base hunting license.

4.7.1. This season may also be implemented within incorporated homeowners’ associations that have defined boundaries. The governing entity of these associations shall submit a letter to the Director prior to March 1 of the year that the hunt is requested. Based on a field review, the Director may or may not grant the request. This special bear season will in no way supersede local regulations or community prohibitions on hunting.

4.7.2. Bear taken during this special season, shall not apply to the regular archery or crossbow bear season bag limits.

4.7.3. The season bag limit for all incorporated cities, towns, villages, and homeowners’ associations is one bear.

4.8. No person may hunt bear between 30 minutes after sunset and 30 minutes before sunrise on the following day, except that hunting dogs may be trained on bear during these hours in accordance with the provisions of W. Va. Code §20-2-5(22).

4.9. A person shall comply with permit procedures and deadlines established by the Director to apply for limited bear permits established in Section 4.2.2. of this rule. Only one application may be submitted per person.

W. Va. Code R. § 58-45-5 Wild Turkey Hunting Seasons

5.1. Fall Wild Turkey Season. -- This season opens on the second Saturday in October and runs for nine consecutive days. In select counties [two and four week fall season counties], the season reopens on the second Monday following the close of the first split and runs for the number of days and in the counties designated by the Natural Resources Commission and published annually by the Director.

5.2. Spring Wild Turkey Season. -- This season opens on the third Monday in April and runs for 35 consecutive days thereafter and is open statewide for the hunting of bearded turkeys only.

5.3. Youth Spring Wild Turkey Season. -- There will be a special youth spring wild turkey season, bearded turkey only, for youth hunters under the age of 18, to be held on the Saturday and Sunday prior to the third Monday of April.

5.3.1. Weapons permitted for use during this season include shotguns, crossbows, and bows with arrows equipped with a point having at least two sharp-cutting edges measuring in excess of ¾ inch wide.

5.4. Mountaineer Heritage Deer/Bear/Turkey Season. This season runs for four consecutive days commencing on the second Thursday of January and closing on the following Sunday. One turkey of either sex may be taken during this season which does not apply to the annual bag limit as outlined in Section 9.4 of this rule.

5.4.1. This is a special primitive weapons season and only single-shot side-lock percussion and flintlock muzzleloader pistols and rifles with iron sights, single-shot muzzle-loading shotguns (for turkey only), and only long and recurve bows are permitted during this season. Crossbows are not permitted during this primitive weapons season.

5.4.2. This season is open statewide.

5.5. No person may hunt wild turkey between 1:00 p.m. and 30 minutes before sunrise during the spring wild turkey seasons. No person may hunt wild turkey between 30 minutes after sunset and 30 minutes before sunrise during the fall turkey and Mountaineer Heritage seasons.

W. Va. Code R. § 58-45-6 Wild Boar Hunting Seasons

6.1. Firearms/Muzzleloader Wild Boar Season. -- This season will be a split season. The first split runs for eight consecutive days commencing on the fourth Saturday in October. The second split runs for three consecutive days commencing on the first Friday in February.

6.2. Archery Wild Boar Season. -- This season will be a split season. The first split opens on the last Saturday in September and closes on the last day in December. The second split runs for three consecutive days commencing on the first Friday in February and closing on the following Sunday.

6.3. Crossbow Wild Boar Season. -- This season will be a split season. The first split opens on the last Saturday in September and closes on the last day in December. The second split runs for three consecutive days commencing on the first Friday in February and closing on the following Sunday.

6.4. No person may hunt wild boar between 30 minutes after sunset and 30 minutes before sunrise.

6.5. Provided that if a hunter uses a bow the hunting of deer is permitted during the wild boar seasons in those counties, or portions thereof, designated by the Natural Resources Commission as boar hunting areas.

6.6. The firearms, archery, muzzleloader, air rifle, and crossbow wild boar seasons are open in those counties, or portions thereof, designated by the Natural Resources Commission and published annually by the Director.

W. Va. Code R. § 58-45-7 Elk Hunting Seasons

7.1. All elk hunting seasons are closed.

W. Va. Code R. § 58-45-8 Other Hunting Seasons

8.1. Crossbows and air rifles are legal for use during that portion of the hunting seasons as described in sections 8.2. through 8.13., which occur between the last Saturday in September and the last day of December.

8.2. Bobcat Season. -- This season opens on the first Saturday in November and closes on the last day in February.

8.3. Fox Season. -- This season opens on the first Saturday in November and closes on the last day in February.

8.3.1. Fox Hunting with Artificial Lights Season. -- Fox may be hunted at night using any color artificial lights or night vision technology, including image intensification, thermal imaging, or active illumination from the first day in January through the last day in February.

8.4. Grouse Season. -- This season opens on the Saturday nearest to October 15 and closes on the last day in February.

8.5. Hare Season. -- This season opens on the first Saturday in November and closes on the last day in February.

8.6. Opossum, Skunk, Weasel, Coyote, Pigeon, and Woodchuck Seasons. -- These seasons are open year-round.

8.6.1. Coyote Hunting with Artificial Lights Season. -- Coyotes may be hunted at night using any color artificial lights or night vision technology, including image intensification, thermal imaging, or active illumination from the first day in January through the last day in August.

8.6.1.a. Hunters are permitted to hunt coyotes at night using any color artificial lights or night vision technology, including image intensification, thermal imaging, or active illumination on private property only from September 1 through December 31. Hunters must have written permission from the landowner.

8.7. Pheasant Season. -- This season opens on the first Saturday in November and closes on the first Saturday in January and is open for the hunting of cock birds only, except as outlined in subsection 8.7.1. of this rule.

8.7.1. Pheasant season on Hillcrest WMA. -- This season opens on the second Saturday in November and closes on the first Saturday in December and is open for the hunting of cock birds only.

8.8. Quail Season. -- This season opens on the first Saturday in November and closes on the first Saturday in January except as outlined in section 8.8.1. of this rule.

8.8.1. The quail season is closed on the Tomblin Wildlife Management Area.

8.9. Rabbit Season. -- This season opens on the first Saturday in November and closes on the last day of February.

8.10. Raccoon Season. -- This season opens on the Saturday nearest to October 15 and closes on the last day of February.

8.11. Squirrel Season. -- This season opens on the second Saturday of September and closes on the last day of February.

8.12. Crow Season. -- This season is open from the first day of January through the first Saturday in March and the first day of October through the Saturday preceding the buck firearms deer season.

8.13. Youth Squirrel Season. -- This two-day season for youth hunters under the age of 18 will be held on the first Saturday and following Sunday of September.

W. Va. Code R. § 58-45-9 Hunting Bag and Possession Limits

9.1. Bear. -- The bag and possession limit is one bear per day and three bears for the period from July 1 to June 30 of the following year. Provided that a second bear from July 1 to June 30 may only be taken during seasons and in counties designated by the Natural Resources Commission and published annually by the Director and a third bear may only be taken during the Mountaineer Heritage Season.

9.2. Deer. -- The bag and possession limit is two deer per day (of which only one may be an antlered deer) for all combined seasons and 11 deer for the period from July 1 to June 30 of the following year, as specified in Section 3.11. of these rules.

9.3. Wild Boar. -- The bag and possession limit is one wild boar during the period from July 1 to June 30 of the following year.

9.4. Wild Turkey. -- The bag and possession limit is three turkeys per calendar year, only one of which may be taken during the fall wild turkey season. Two bearded turkeys may be taken in the spring and one turkey of either sex may be taken in the fall. During the spring wild turkey season, only one turkey may be taken per day. An additional turkey may be taken during the Mountaineer Heritage Season.

9.4.1. Youth Spring Wild Turkey. -- The bag limit for the youth spring wild turkey season is one bearded turkey per day and the possession limit for the youth spring wild turkey season is two bearded turkeys, which does count as part of the annual turkey bag limit established in section 9.4. of this rule.

9.5. Bobcat. -- The bag and possession limit is three bobcats per day and three bobcats per season for hunting and trapping seasons combined.

9.6. Fox (Gray and Red Foxes). -- There are no daily or season bag limits for fox.

9.7. Grouse. -- The bag limit is four grouse per day and the possession limit is 16 grouse.

9.8. Hare. -- The bag limit is two hares per day and the possession limit is eight hares.

9.9. Opossum, Skunk, Weasel, Coyote, Crow, Pigeon and Woodchuck. -- There are no daily or season limits for opossum, skunk, weasel, coyote, crow, pigeon, and woodchuck.

9.10. Pheasant. -- The bag limit is two pheasants per day and the possession limit is two pheasants.

9.10.1. The bag limit on Hillcrest WMA is one pheasant per day and the possession limit is one pheasant.

9.11. Quail. -- The bag limit is three quail per day and the possession limit is nine quail.

9.12. Rabbit. -- The bag limit is five rabbits per day and the possession limit is 20 rabbits.

9.13. Raccoon. -- The bag limit, based on the 24-hour period beginning at 6:00 a.m. and ending at 6:00 a.m. on the following day, is four raccoons for one person or four raccoons for a group of persons hunting as a party. The possession limit is unlimited.

9.14. Squirrel (Fox and Gray Squirrels, including black and albino color phases). -- The bag limit is six squirrels in aggregate per day. The possession limit is 24 squirrels in aggregate.

9.15. Youth Squirrel. -- The bag limit is six squirrels in aggregate per day. The possession limit is 12 squirrels in aggregate.

W. Va. Code R. § 58-45-10 Trapping Seasons

10.1. No traps may be set before 8:00 a.m. on the first day of a trapping season or either set or left set after noon on the last day of a trapping season.

10.2. Beaver Trapping Season. -- This season opens on the first Saturday in November and closes on the last day in March.

10.3. Bobcat Trapping Season. -- This season opens on the first Saturday in November and closes on the last day in February.

10.4. Fisher Trapping Season. -- This season opens on the first Saturday in November and closes on the last day in January.

10.5. Fox Trapping Season. -- This season opens on the first Saturday in November and closes on the last day in February.

10.6. Mink Trapping Season. -- This season opens on the first Saturday in November and closes on the last day in February.

10.7. Muskrat Trapping Season. -- This season opens on the first Saturday in November and closes on the last day in February.

10.8. Raccoon Trapping Season. -- This season opens on the first Saturday in November and closes on the last day in February.

10.9. Otter Trapping Season. -- This season opens on the first Saturday in November and closes on the last day in February.

10.10. Skunk, opossum, coyote, and weasel trapping season. -- This season opens on the first Saturday in November and closes on the last day in February.

W. Va. Code R. § 58-45-11 Trapping Bag and Possession Limits

11.1. Beaver. -- There are no daily or season limits for beaver.

11.2. Bobcat. -- The bag and possession limit is three bobcats per day and three bobcats per season for hunting and trapping seasons combined.

11.3. Fisher. -- The bag and possession limit is one fisher per day and one fisher per season.

11.4. Fox (Gray and Red Foxes). -- There are no daily or season limits for fox.

11.5. Mink. -- There are no daily or season limits for mink.

11.6. Muskrat. -- There are no daily or season limits for muskrat.

11.7. Raccoon. -- There is no daily or season bag limit for raccoons.

11.8. Otter. -- The bag limit and possession limit is one otter per day and one otter per season.

11.9. Skunk, opossum, coyote, and weasel. -- There are no daily or season limits for these species.

Series 46 Defining the Terms Used in All Hunting and Trapping

W. Va. Code R. § 58-46-1 General

1.1. Scope. -- This rule defines terms to be applied to all rules concerning the regulation of hunting and trapping within the boundaries of this State.

1.2. Authority. -- W. Va. Code § 20-1-7(31).

1.3. Filing Date. -- April 30, 2026.

1.4. Effective Date. -- April 30, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 58-46-2 Definitions

2.1. "Aggregate" means the total bag or possession limit of similar kinds of game animals or game birds. For example, the possession limit for squirrels is 24 after the third day of the open season. This could be 10 gray squirrels and 14 fox squirrels, or 14 gray squirrels and 10 fox squirrels, or any combination of 24 squirrels, but not more than a total of six per day nor more than a total of 24 in possession.

2.2. “Antlered Deer” means deer having at least one antler that is over three inches in length, as measured from the hairline.

2.3. "Antlerless Deer" means deer having no antler that is over three inches in length, as measured from the hairline.

2.4. "Bait" means shelled, shucked, or unshucked corn, wheat or other grain, or any other feed or edible enticement, or any non-edible facsimile of an edible enticement.

2.5. "Baiting" means the direct or indirect placing, exposing, depositing, distributing, or scattering of bait so as to constitute for wildlife a lure, attraction, or enticement to or on any areas where hunters are attempting to take them. An area is considered baited for 10 days after the removal of the bait.

2.6. "Concurrent Hunting" means hunting of the same and/or other species during a legally prescribed season.

2.7. “Crossbow” means a device consisting of a bow fixed transversely on a stock, the string of which is released by a trigger mechanism and propels a bolt.

2.8. “Licensed Adult” is an individual who has attained the age of 18 years and possesses a valid West Virginia hunting and trapping license or is exempt from having to purchase a West Virginia hunting and trapping license.

2.9. “Muzzle-loader”, for the purpose of deer hunting, means a single shot muzzle-loading firearm having a bore diameter of not less than thirty-eight one-hundredths of an inch.

2.10. "Possession" means game taken in this State which is in any way under the control of the hunter (i.e., the total of all game in a vehicle, home freezer, commercial food locker, or other storage place).

2.11. "Prevailing Time" means either Eastern Standard Time or Eastern Daylight Time as established by the United States Congress.

2.12. "Protected" means no open season (i.e., hunting protected wildlife is illegal at all times).

2.12.1. Protected mammals include those mammals covered by federal regulations under the Endangered Species Act of 1973, as amended.

2.13. "Public Lands" means lands owned, leased, licensed, managed under cooperative agreement with or under the control of the Division for wildlife management purposes.

2.14. “Trap” is a device that is used to catch and hold animals. A trap may be legally used during the trapping season to catch fur-bearing animals and coyotes. The term includes leg foot hold traps, killer type or body gripping traps, box traps, encapsulating traps, and snares. Legal and illegal traps are further defined in W. Va. Code of State Rules, Series 58 Title 53, General Trapping Rule.

2.15. All other terms have the meaning prescribed in W. Va. Code § 20-1-2.

58CSR46

58CSR46

Series 47 Prohibitions When Hunting and Trapping

W. Va. Code R. § 58-47-1 General

1.1. Scope and Purpose. -- This rule establishes prohibitions in the pursuit or taking of wildlife within the boundaries of this State.

1.2. Authority. -- W. Va. Code §20-1-7(31).

1.3. Filing Date. -- April 30, 2026.

1.4. Effective Date. -- April 30, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further effect or force on August 1, 2031.

W. Va. Code R. § 58-47-2 Definitions

2.1. “Bow” means a longbow, recurved bow, or compound bow that is hand-held, hand-drawn and held at full draw without the aid of any mechanical device. Triggering devices or release aids are legal.

2.2. “Modified Bow” means a longbow, recurve bow, or compound bow that has been modified or manufactured to hold the bow at full draw to accommodate a physical impairment of the user.

2.3. “Trap” is a device that is used to catch and hold animals. A trap may be legally used during the trapping season to catch fur-bearing animals and coyotes. The term includes leg foot hold traps, killer type or body gripping traps, box traps, encapsulating traps and snare. Legal and illegal traps are further defined W. Va. Code of State Rules, Title 58 Series 53, General Trapping.

2.4. All other terms in this rule have the meaning prescribed in the W. Va. Code of State Rules, Title 58 Series 46, Defining the Terms Used In All Hunting and Trapping.

W. Va. Code R. § 58-47-3 Prohibitions

3.1. Hunting is prohibited in State Parks and wildlife refuges, in safety zones in State Forests, and in safety zones in State Wildlife Management Areas, except State Park controlled deer hunts may be conducted in accordance with W. Va. Code §20-2-5(15).

3.1.1. Federal regulations prohibit hunting in Harpers Ferry National Historical Park.

3.2. Notwithstanding the provisions of W. Va. Code §20-2-5(2), woodchucks may be controlled by digging them out, cutting them out or smoking them out on private land by the landowner, his or her resident children or resident parents, or a bona fide resident tenant.

3.2.1. It is lawful to hunt woodchuck in the open fields with a pistol or revolver.

3.3. Except as provided in subsections 3.3.1. and 3.3.2. of this rule, it is illegal to use poisons, chemicals, or explosives in taking any furbearing animal, game animal, game bird, protected bird, or protected mammal.

3.3.1. Woodchucks may be controlled by poison, chemicals or explosives on private land by the landowner, his or her resident children or resident parents, or a bona fide resident tenant during the period commencing each year on April 1 and ending on September 30.

3.3.2. Redwing blackbirds, grackles, pigeons, starlings, brownheaded cowbirds and English sparrows may be controlled by chemicals registered with the West Virginia Department of Agriculture and the United States Environmental Protection Agency when prescribed and authorized by the director in writing. Authorized users shall follow avicide label instructions and take all possible precautions in order to protect nontarget species of wildlife.

3.4. It is illegal to hunt from, or by means of, a motorized watercraft unless the motor has been completely shutoff and the watercraft's progress from the motor has ceased.

3.5. It is illegal to use or possess a fully automatic rifle, fully automatic shotgun, or a fully automatic pistol while hunting or pursuing wildlife at any time.

3.6. It is illegal to catch, capture, take, or kill, or attempt to do so, by seine, net, bait, trap, deadfall, snare, or like device of any kind, any migratory bird, protected bird, protected mammal, or wild boar.

3.6.1. The Director considers an area to be baited for 10 days after the removal of the bait.

3.7. It is illegal for a person to have in his or her possession solid ball ammunition or shotshells containing shot larger than No. 4 during the muzzleloading season, except for a person legally hunting bear or legally hunting deer with a muzzleloader firearm. The use of .22 caliber rimfire for small game hunting is legal during the muzzleloading season.

3.7.1. Persons legally hunting waterfowl during the muzzleloader deer season may possess nontoxic shot shells containing larger than No. 4 shot but may not possess solid ball ammunition.

3.8. It is illegal to use any solid ball ammunition during the two-week bucks only deer season in those counties that are closed to bucks only hunting.

3.9. It is illegal to use tree stands, except for portable tree stands, on public lands.

3.10. It is illegal to transport or possess wildlife or parts of wildlife, which were killed by another hunter unless the wildlife is accompanied by a paper or tag filled out in plain English bearing the following information from the hunter that killed the wildlife: The hunter's signature, address, hunting license number (if required), game tag number (if required), the date of kill, the species, and the number, and/or quantity of wildlife.

3.11. It is illegal for any person to feed bears at any time.

3.12. It is illegal to shoot at wildlife with either a bow, crossbow, or firearm after alighting from a motor vehicle along any public road or highway, unless the shooter is at least 25 yards from the motor vehicle.

3.13. It is illegal to take, or attempt to take, any deer, bear, or boar by the aid or use of any electronic call.

3.14. It is illegal for any person to use a modified bow for the purpose of hunting or fishing unless he or she possesses a special permit to do so issued by the director. A person may apply for a special permit on forms issued by the Division. These forms shall include a section for a licensed physician to certify that the applicant requires a modified bow.

3.14.1. The physician’s examination and certification shall be completed within the six months immediately preceding the date of the application.

3.14.2. The applicant shall authorize, by written release, his or her medical provider to disclose to the director of the Division of Natural Resources and the medical provider shall, upon receipt of the written release, disclose to the director of the Division of Natural Resources, that portion of the applicant’s medical records which substantiates the applicant’s physical impairment qualifying the applicant for the issuance of a special permit for use of a modified bow. The director shall: restrict access to medical records submitted to him or her; maintain the records in a secure locked cabinet; and not share this information with other federal, state, or local agencies or entities, or any register or data bank.

3.14.3. This special permit shall be accompanied by a valid resident or non-resident statewide hunting and/or fishing license unless otherwise exempted from the license requirements as provided in W. Va. Code §20-1-1 et seq.

3.15. It is illegal to bait or feed any wildlife on public land at any time.

3.16. It is illegal to hunt deer, bear, or wild boar with any pistol or revolver with less than a four-inch barrel or using a straight walled case of less than .357 magnum cartridge, a bottle necked case of less than .24 caliber, or a muzzleloading pistol of less than .38 caliber.

W. Va. Code R. § 58-47-4 Penalties

4.1. Any person violating the provisions of this rule is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with W. Va. Code §20-7-9.

58CSR47

58CSR47

Series 49 General Hunting

W. Va. Code R. § 58-49-1 General

1.1. Scope. -- The purpose of this rule is to establish general hunting rules that will provide for the safety of the hunter and the proper management of wildlife within the boundaries of this State.

1.2. Authority. -- W.Va. Code §20-1-7(31).

1.3. Filing Date. – May 16, 2025.

1.4. Effective Date. – May 19, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 58-49-2 Definitions

2.1. All terms have the meaning prescribed to them in W. Va. Code of State Rules, Title 58 Series 46 Defining the Terms Used In All Hunting and Trapping and W.Va. Code §20-1-2.

W. Va. Code R. § 58-49-3 General Hunting Rules

3.1. A hunter may use a long bow or compound bow instead of a firearm during any season for which firearms are legal except during the muzzle-loading firearms deer season.

3.2. Each person killing a bear or wild boar found in a wild state shall immediately after removing its entrails, but in any event within one hour and before transporting or removing the carcass in any manner from where it was killed, complete and attach a game tag. The tag shall bear, in plain English, the name and address of the hunter, the date and county where the game was killed, and, unless he or she is legally exempted from the licensing requirements of this State, the license number of the hunter.

3.3. A person who kills a bear shall submit a first premolar tooth to the Division of Natural Resources by January 31 of the year following the kill. The tooth should be secured to a card along with a label with the name and address of the hunter, date of kill, weapon used, whether dogs were used to kill the bear, county of kill and the game tag number and either mailed or delivered to a DNR District Office or the DNR Elkins Operation Center.

3.4. Any person under 15 years of age who participates in a special youth season approved by the Commission and published annually by the director shall be accompanied by a licensed adult hunter. The accompanying adult may not hunt or possess implements of their own for the taking of wildlife, provided, the accompanying adult may assist the youth in the handling of the youth hunter’s firearm in order to provide safe handling advice and assistance.

3.5. A person under the age of 15 years may not hunt or chase wild animals or wild birds on the lands of another unless he or she is accompanied by a licensed adult who remains in a position near enough to him or her to render advice and assistance.

3.6. A hunter may only use bows, crossbows, single-shot muzzle-loading firearms, or shotguns loaded with T or smaller shot to hunt wildlife within the boundaries of the Green Bottom and Fox Forest Wildlife Management Areas.

3.7. A hunter shall electronically register each deer or wild turkey within 72 hours of the time of kill or within 24 hours of the close of the respective hunting season, whichever comes first.

3.8. A hunter shall wear at least 400 square inches of blaze orange over his or her outer clothing during any deer firearm or muzzleloader season. A person engaged in agricultural activities and waterfowl hunters are exempt from this requirement.

3.9. Any hunter who, while hunting, shoots another person, shall render immediate aid and assistance to the victim.

3.10. The use of bows and crossbows is prohibited on the Bright McCausland Homestead WMA.

Series 50 Deer Hunting Rule

W. Va. Code R. § 58-50-1 General

1.1. Scope and Purpose. -- The purpose of this rule is to establish rules that are to be complied with when pursuing and taking deer within the boundaries of this State.

1.2. Authority. -- W. Va. Code §20-1-7(31).

1.3. Filing Date. – April 30, 2026.

1.4. Effective Date. -- April 30, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 58-50-2 Definitions

2.1. All terms have the meaning prescribed to them in W. Va. Code of State Rules, Series 58 Title 46, Defining the Terms Used in All Hunting and Trapping.

W. Va. Code R. § 58-50-3 Deer Hunting Rules

3.1. No person who has met the daily or season bag limit during any of the open deer seasons established in W. Va. Code of State Rules, Series 58 Title 45, Hunting and Trapping Rules may participate further in deer hunting with a bow, crossbow, or a firearm in his or her possession for that day of the season in which he or she has met the daily bag limit. No person who has met the season bag limit during any of the open deer seasons established in W. Va. Code of State Rules, Series 58 Title 45, Hunting and Trapping Rules, may participate further in deer hunting with a bow, crossbow, or firearm in his or her possession for the remainder of that season in which he or she has met the season bag limit. In the event that a hunter kills a deer and wishes to pursue an additional deer on the same day, the hunter is not required to electronically register the deer prior to pursuing an additional deer during the remainder of that day. However, all deer must be electronically registered prior to hunting during the remainder of the season.

3.2. A person may not hunt deer with a shotgun using ammunition loaded with more than one solid ball nor with any rifle of less than twenty-five (.25) caliber using rimfire ammunition.

3.3. A person may not kill or wound a deer while the deer is in any river, stream, lake, or pond.

3.4. The hunting of small game is permitted beginning on the fourth day after the opening date of the buck firearms deer season, with the exception that the hunting of coyotes is permitted during the entire buck firearms season. While hunting for small game during buck firearms season, a hunter may carry solid ball ammunition and Number 4 or smaller shot with a shotgun prior to killing the legal limit of deer.

3.5. In those counties, or portions of counties, open to antlerless deer hunting, the following conditions and restrictions apply for concurrent hunting seasons during the antlerless deer season:

3.5.1. The hunting of deer with a bow or crossbow is permitted.

3.5.2. The hunting of bear is permitted.

3.5.3. The hunting of small game is permitted, except during that portion of antlerless season running concurrent with the first three days of buck firearms season.

3.5.4. The hunting of waterfowl is permitted.

3.5.5. Except a hunter having a valid Class N or Class NN stamp or a hunter legally participating in bear hunting, no hunter may:

3.5.5.a. Be afield with any firearm with solid ball ammunition or shot shells containing larger than Number 4 shot.

3.5.5.b. Have rifle ammunition in his or her possession if using a combination rifle-shotgun.

3.5.6. While hunting small game during antlerless season, a hunter may carry solid ball ammunition and Number 4 or smaller shot with a shotgun prior to killing the legal limit of deer.

3.5.7. In those counties, or portions of counties open to antlerless deer hunting, the hunting of waterfowl is permitted. Persons legally hunting waterfowl during the antlerless deer seasons may possess nontoxic shotshells containing shot larger than Number 4 but may not possess solid ball ammunition.

3.6. After a person has met the daily or season bag limit during any of the open deer seasons established in W. Va. Code of State Rules, Series 58 Title 45, Hunting and Trapping Rules, a hunter may not be afield for the remainder of the day of the kill with a firearm with solid ball ammunition or, if using a combination rifle-shotgun, he or she may not have rifle ammunition in his or her possession unless he or she is legally participating in bear hunting or pursuing another legal deer in compliance with section 3.1 of this rule.

3.7. It is illegal to hunt small game during the buck firearms deer season with any centerfire rifle, with any rifle of larger than twenty-two (.22) caliber using rimfire ammunition, or with a shotgun using solid ball ammunition in a county that is not open to bucks-only deer hunting.

3.8. A hunter may not use a firearm that has been converted into a muzzleloader by use of a plug during muzzleloading firearms deer season.

3.9. When being transported in or on a vehicle, a muzzleloading firearm is considered to be unloaded when the powder charge and projectile are removed from the barrel; it is uncapped, or the priming charge is removed from the pan; or any other ignition source of a muzzleloader is removed.

3.10. The trapping of fur-bearing animals and coyotes is permitted the first three days of buck firearms season.

3.11. A person shall comply with permit procedures and deadlines established by the Director to apply for limited antlerless deer permits (Class N/NN) in designated counties, wildlife management areas, and state forests as established in W. Va. Code of State Rules, Series 58 Title 45 3.2, Hunting and Trapping Rules, as well as for state park deer season permits as established in W. Va. Code of State Rules, Series 58 Title 45 3.8. Hunting and Trapping Rules.

3.12. A person shall purchase Class RB archery and Class RRB archery stamps prior to the opening day of the deer archery and crossbow seasons; Class RG gun and Class RRG gun stamp prior to the opening day of the buck firearms season; and Class RM muzzleloader and Class RRM muzzleloader stamp prior to the opening day of the muzzleloader season. All stamps must be signed to be valid.

3.12.1. The Class RB and RRB archery stamps are valid in those counties open to bucks-only firearms hunting and in those counties closed to bucks-only firearms hunting; Provided that, if two deer are taken in counties closed to bucks-only firearm hunting, one of the deer must be antlerless.

3.13. A Class N stamp is non-transferable.

58CSR50

58CSR50

Series 51 Wild Turkey Regulations

W. Va. Code R. § 58-51-1 General

1.1. Scope. -- The purpose of these regulations is to establish rules to manage the wild turkey within the boundaries of this State.

1.2. Authority. -- W. Va. Code '20-1-7(30).

1.3. Filing Date. -- June 24, 1993.

1.4. Effective Date. -- July 1, 1993.

W. Va. Code R. § 58-51-2 Definitions

2.1. All terms have the meaning prescribed to them in The Regulations Defining The Terms To Be Used Concerning All Hunting and Trapping Regulations (58 C.S.R. 46). In addition, for the purposes of this regulation, the following terms have the meaning set forth in this section.

2.2. Game farm or pen-raised turkeys -- Game farm or pen raised turkeys are those birds or their offspring hatched from eggs taken by humans from a wild turkey nest or wild hen turkey raised under human control, and therefore imprinted to humans or other poultry under human control instead of a wild hen.

2.3. Domestic turkey -- A domestic turkey is a turkey that normally lives in and about the residences of West Virginians and depends upon humans for habitation, husbandry and/or as their sole source of year round sustenance.

2.4. Wild turkey -- A wild turkey is a turkey from wild native genetic stock living under the control of the laws of nature.

2.5. Release into the wild -- Release into the wild means a release into any area not enclosed by a fence or bounded by other like structure from which under normal circumstances a bird does not escape.

W. Va. Code R. § 58-51-3 Wild Turkey Hunting Rules

3.1. The use of electronic turkey calling devices is prohibited during the wild turkey seasons.

3.2. The use of dogs to hunt wild turkeys is prohibited during the spring wild turkey season.

W. Va. Code R. § 58-51-4 Possession, Propagation and Release of Pen-raised Turkeys

4.1. It is unlawful to possess, propagate, or release into the wild, game farm or pen-raised turkeys: Provided, That existing stock may be possessed until December 31, 1993, but during this period the turkeys shall not be propagated or released into the wild,

4.2. It is unlawful to release domestic turkeys into the wild.

58CSR51

Series 52 Wild Boar Hunting Rule

W. Va. Code R. § 58-52-1 General

1.1. Scope and Purpose. -- The purpose of this rule is to establish requirements which a person must comply when in pursuit or taking of wild boar within the boundaries of this State.

1.2. Authority. -- W. Va. Code §20-1-7(30).

1.3. Filing Date. -- April 20, 2016.

1.4. Effective Date. -- April 20, 2016.

W. Va. Code R. § 58-52-2 Definitions

2.1. All terms have the meanings prescribed to them in the Rule Defining The Terms To Be Used Concerning All Hunting and Trapping Rule (58 C.S.R. 46).

W. Va. Code R. § 58-52-3 Wild Boar Hunting Rules

3.1. Only resident hunters who possess a valid hunting license or are exempt from purchasing a license may hunt wild boar.

3.2. During wild boar season a person may hunt for any species for which a season is open.

3.3. A hunter may legally take boar during the firearms wild boar season with a bow, crossbow or with a firearm using ammunition legal in West Virginia for the taking of deer.

3.4. No person may kill or wound a boar while the boar is in any stream, lake, or pond.

3.5. The use of dogs to hunt wild boar is prohibited.

3.6. A person killing a wild boar shall, within twenty-four (24) hours, electronically register the boar.

58CSR52

Series 53 General Trapping Rule

W. Va. Code R. § 58-53-1 General

1.1. Scope. -- The purpose of this rule is to establish standards that must be complied with when trapping wildlife or furbearing animals within the boundaries of this State.

1.2. Authority. -- W. Va. Code §20-1-7(30).

1.3. Filing Date. -- June 6, 2013.

1.4. Effective Date. -- June 6, 2013.

W. Va. Code R. § 58-53-2 Definitions

2.1. “Trap” is a device that is used to catch and hold animals. A trap may be legally used during the trapping season to catch fur-bearing animals and coyotes. The term includes leg foot hold traps, killer type or body gripping traps, box traps, encapsulating traps and snare. Legal and illegal traps are further defined in the Division’s Rule, General Trapping, 58CSR53.

2.2. “Foot encapsulating trap” is a trap that has the following: triggering and restraining mechanisms enclosed within a housing; triggering and restraining mechanisms are only accessible through a single opening when set; an opening that does not exceed 2 inches in diameter; and a swivel mounted anchoring system.

2.3. All terms have the meaning prescribed to them in the Division of Natural Resources rule, Defining The Terms Used In All Hunting and Trapping, 58CSR46.

W. Va. Code R. § 58-53-3 General Trapping Rules

3.1. Trapping is prohibited in State parks and wildlife refuges, in safety zones in State forests, and in safety zones in State Wildlife Management Areas.

3.1.a. Federal regulations prohibit trapping in Harpers Ferry National Historical Park and on federally-owned land within the boundaries of the New River Gorge National River.

3.2. A trapping permit is required for State Forests and Wildlife Management Areas. This permit may be obtained from the district game biologist in the district in which the State Forest or Wildlife Management Area is situated.

3.3. A trapper shall check and tend all traps each calendar day.

3.4. Foot snares are legal when the snare loop is at and horizontal to ground level and does not exceed six and one-half (6 1/2) inches in diameter.

3.5. It is illegal to use or set deadfalls for taking wildlife.

3.6. It is illegal to set or maintain any trap or trapping device on human foot trails or livestock paths.

3.7. It is illegal to set or use foothold traps with an open inside jaw spread of more than six and one half (6 1/2) inches unless the trap is used under water.

3.8. It is illegal to use body-gripping or killer-type traps with an inside jaw spread of more than five (5) inches, as measured between striking surfaces of jaws when set, for terrestrial trapping. Trappers may use body-gripping or killer-type traps in water sets.

3.9. It is illegal to set or maintain spring pole snares.

3.10. It is illegal to use steel jaw traps with any teeth on or attached to them.

3.11. It is illegal to set or maintain any trap, trap set, or snare upon any tree, post, or other natural or man-made object at any point more than three (3) lineal feet from the surface of the earth (whether the surface is water, soil, or rock) measured at a right angle from the surface to the trap or trap set, except as provided in Subsection 3.12 of this rule.

3.12. The provisions of Subsection 3.11 of this rule do not apply to traps or trap sets that are set or maintained on natural earthen mounds, such as ant hills or muskrat houses, that were constructed without human assistance.

3.13. It is illegal to set traps or snares within 50 feet of animal or bird carcasses, or parts thereof, unless the carcasses, or parts of the carcasses, are completely covered and concealed from sight.

3.14. It is illegal to take beaver, otter, fisher, mink, or muskrat by any means other than by trap.

3.15. It is illegal for a person to have in his or her possession an untagged bobcat, or fisher hide, or parts thereof, longer than thirty (30) days following the close of the respective trapping season.

3.16. If any person unintentionally traps and kills more than the limit fixed by the Division of Natural Resources rule, The Hunting and Trapping Regulations (Exempt Rule) (58 C.S.R.45), as a season possession limit, he or she shall, (within twenty-four (24) hours after the trapping or killing,) deliver the excess animals to a Natural Resource Police Officer.

3.17. Each trapper shall present bobcat or fisher pelts to an official game checking station or a representative of the Division within thirty (30) days after the close of the trapping season for that animal. The trapper shall affix a tag provided by the division to each bobcat or fisher pelt and keep the tag attached to the skin until the skin has been sold, tanned, or mounted.

3.18. It is legal to use snares for the purpose of taking furbearing animals and coyotes. A snare is defined as a trap and all rules pertaining to traps and trap sets apply to snares. All snares shall be made of multiple strand twisted steel cable.

3.19. Terrestrial snares shall be equipped with a relaxing type lock system with a breaking point of not greater than 350 pounds or a stop with a minimum loop diameter greater than or equal to 2 - inches. Set snares shall not have a loop diameter average greater than 15 inches. A trapper shall not use drags with terrestrial snares. He or she shall anchor them at the trap site.

3.20. All traps set during the month of March for the taking of beaver, shall be in water.

58CSR53

Series 54 Dog Training Regulations

W. Va. Code R. § 58-54-1 General

1.1. Scope. -- The purpose of these regulations is to establish standards to be complied with when training dogs within the boundaries of this State.

1.2. Authority. -- W. Va. Code '20-1-7(30).

1.3. Filing Date. -- June 24, 1993.

1.4. Effective Date. -- July 1, 1993.

W. Va. Code R. § 58-54-2 Definitions

2.1. All terms have the meanings prescribed to them in The Regulations Defining The Terms To Be Used Concerning All Hunting and Trapping Regulations (58 C.S.R. 46).

W. Va. Code R. § 58-54-3 Dog Training Rules

3.1. Notwithstanding the provisions of W. Va. Code '20-2-5(26), residents of the State of Ohio may train their dogs in this state between the 16th day of August and the 30th day of April, but may not train a dog in any bear county, or parts thereof, in which a legal bear hunting season has been established prior to July 1, 1988, except during the small game hunting season.

58CSR54

Series 55 Migratory Bird Hunting Rule

W. Va. Code R. § 58-55-1 General. 1.1 Scope. -- These regulations establish the open seasons and the bag, size, age, weight, and sex limits with respect to the hunting of migratory game birds in West Virginia

1.2. Authority. -- W. Va. Code §§20-1-17(b)(7) and 29A-1-3(c).

1.3. Filing Date. -- August 26, 2026.

1.4. Effective Date. -- September 1, 2026.

W. Va. Code R. § 58-55-2 Definitions

2.1. All terms shall have the meaning prescribed in W. Va. Code of State Rules, Title 58 Series 56, Special Migratory Bird Hunting Regulations.

W. Va. Code R. § 58-55-3 General Migratory Bird Hunting Rules

3.1. Closed Season. -- No person may take migratory game birds during the closed season.

3.2. Shooting and Falconry Hours. -- No person may take migratory game birds except during the hours open for shooting and falconry as prescribed in these regulations.

3.3. Daily Bag Limit. -- No person may take more than the daily bag limit of any migratory game bird.

3.4. Field Possession Limit. -- No person may possess more than the daily bag limit of any migratory game bird while in the field or while returning from the field to one's car, hunting camp, home, or other place.

3.5. Custody of Birds of Another. -- No person may receive or have in his or her custody migratory game birds belonging to another person unless such birds are properly tagged.

3.6. Possession of Live Birds. -- No person may at any time, or by any means, possess or transport live migratory game birds taken under Migratory Bird Hunting, 50 C.F.R. §20 or under these regulations. Wounded birds reduced to possession must be immediately killed and included in the daily bag limit.

3.7. Seasons in General. -- All seasons are subject to change under the provisions of W. Va. Code §20-1-7(7). Opening and closing dates are inclusive and time periods are prevailing time unless otherwise noted in these regulations. Sunday hunting is legal under the provisions of W. Va. Code §20-2-5(b).

W. Va. Code R. § 58-55-4 Open Shooting and Falconry Seasons

4.1. Mourning Dove Season.

4.1.1. The first segment of this season opens on September 1, 2026 and closes on October 11, 2026.

4.1.2. The second segment of this season opens on November 2, 2026 and closes on November 15, 2026.

4.1.3. The third segment of this season opens on December 7, 2026 and closes on January 10, 2027.

4.2. Rail Season (Sora and Virginia Rails).

4.2.1. This season opens on September 1, 2026 and closes on November 9, 2026.

4.2.2. There is no open season for king rails or clapper rails.

4.3. Wilson’s Snipe Season.

4.3.1. This season opens on September 1, 2026 and closes on December 16, 2026.

4.4. Woodcock Season.

4.4.1. The first segment of this season opens on October 17, 2026 and closes on November 21, 2026.

4.4.2. The second segment of this season opens on November 30, 2026 and closes on December 8, 2026.

W. Va. Code R. § 58-55-5 Shooting and Falconry Hours

5.1. Mourning Doves.

5.1.1. Shooting and falconry hours in the first segment of the mourning dove season are from 30 minutes before sunrise until sunset except on opening day when shooting and falconry hours are from noon until sunset.

5.1.2. Shooting and falconry hours in all other segments of the mourning dove season are from 30 minutes before sunrise until sunset.

5.2. Sora and Virginia Rails.

5.2.1. Shooting and falconry hours are from 30 minutes before sunrise until sunset.

5.3. Wilson’s Snipe.

5.3.1. Shooting and falconry hours are from 30 minutes before sunrise until sunset.

5.4. Woodcock.

5.4.1. Shooting and falconry hours are from 30 minutes before sunrise until sunset.

W. Va. Code R. § 58-55-6 Shooting Bag and Possession Limits

6.1. Mourning Doves.

6.1.1. The bag limit is 15 doves per day.

6.1.2. The possession limit is 45 doves.

6.2. Sora and Virginia Rails.

6.2.1. The bag limit is 10 rails in aggregate per day.

6.2.2. The possession limit is 30 rails in aggregate.

6.3. Wilson’s Snipe.

6.3.1. The bag limit is eight snipe per day.

6.3.2. The possession limit is 24 snipe.

6.4. Woodcock.

6.4.1. The bag limit is three woodcock per day.

6.4.2. The possession limit is nine woodcock.

W. Va. Code R. § 58-55-7 Falconry Bag and Possession Limits

7.1. The bag limit for falconry hunting is three migratory game birds and waterfowl in the aggregate per day.

7.2. The possession limit for falconry hunting is nine migratory game birds and waterfowl in the aggregate.

Series 56 Special Migratory Game Bird Hunting

W. Va. Code R. § 58-56-1 General

1.1. Scope. -- This rule establishes regulations when hunting migratory game birds in West Virginia.

1.2. Authority. -- W. Va. Code §20-1-7(31).

1.3. Filing Date. -- April 30, 2026.

1.4. Effective Date. -- April 30, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

1.6. Seasons in General. -- All hunting seasons are subject to change under the provisions of W. Va. Code §20-1-7(7). Opening and closing dates are inclusive and time periods are prevailing time unless otherwise noted in this rule. Sunday hunting is legal in accordance with the provisions of W. Va. Code §20-2-5.

W. Va. Code R. § 58-56-2 Definitions

2.1. "Aggregate" means the total bag or possession limit of similar kinds of migratory game birds.

2.2. "Bait" means shelled, shucked, or unshucked corn, wheat or other grain, salt, any other feed or edible enticement, or any non-edible facsimile of an edible enticement.

2.3. "Baited Area" means any area where baiting occurs.

2.4. "Baiting" means the direct or indirect placing, exposing, depositing, distributing, or scattering of bait so as to constitute for migratory game birds a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take them.

2.5. "Blind Area" means the area within 75 yards of the hunter's assigned blind.

2.6. "Migratory Game Birds" means doves, rails, snipe, and woodcock for which open seasons are prescribed in Section 4 of the W. Va. Code of State Rules, Series 58 Title 55, Migratory Bird Hunting.

2.7. "Prevailing Time" means either Eastern Standard Time or Eastern Daylight Time as established by the United States Congress.

W. Va. Code R. § 58-56-3 General Migratory Bird Hunting Rules

3.1. Dual Violation. Violation of any provision of this rule is also a violation of federal migratory bird hunting regulations pursuant to Migratory Bird Hunting, 50 C.F.R. Part 20 Subpart H.

3.2. Illegal Methods of Taking Migratory Game Birds.

3.2.1. No person may take migratory game birds with a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10-gauge, punt gun, battery gun, machine gun, fishhook, poison, drug, explosive, or stupefying substance.

3.2.2. No person may take migratory game birds with a shotgun capable of holding more than three shells, unless it is plugged with a one-piece filler which is incapable of being removed without disassembling the gun.

3.2.3. No person may take migratory game birds from a sinkbox (i.e., a low floating device having a depression affording the hunter a means of concealment beneath the surface of the water).

3.2.4. No person may take migratory game birds from or with the aid or use of a motor vehicle, other land conveyance, or an aircraft of any kind including a drone or other unmanned aircraft.

3.2.5. No person may take migratory game birds from or by means of any motorboat or sailboat unless the motor has been completely shut off or the sail furled and progress from the motor or the sail has ceased.

3.2.6. No person may take migratory game birds by the use or aid of live birds as decoys.

3.2.7. No person may take migratory game birds by the use of records or tapes of bird calls or sounds, or recorded or electrically-amplified imitations of bird calls.

3.2.8. No person may take migratory game birds by concentrating, driving, rallying, or chasing the birds with any motorized land, water, or air conveyance, including a drone or other unmanned aircraft, or any sailboat.

3.2.9. No person may take migratory game birds by the aid of baiting, or on or over any baited area. Hunters should be aware that a baited area is considered to be baited for 10 days after the removal of the bait and is not necessary for the hunter to know an area is baited to be in violation of federal regulations and section 3.2. of this rule.

3.3. Wanton Waste. A hunter shall retrieve all migratory game birds killed or crippled, if possible and retain them in his or her custody in the field.

3.4. Tagging. No person may give, put, or leave migratory game birds at any place, or in the custody of another person, unless the birds are tagged by the hunter with the following information:

3.4.1. The hunter's signature;

3.4.2. The hunter's address;

3.4.3. The total number of birds involved, by species; and

3.4.4. The date on which each bird was killed.

3.5. Field Dressing. No person may completely field dress migratory game birds, except doves and band-tailed pigeons, and then transport the birds from the field. The head or one fully- feathered wing must remain attached to all birds while being transported from the field to the hunters home or to a migratory bird preservation facility, as defined in Migratory Bird Hunting, 50 C.F.R. §20.11.

3.6. Shipment. No person may ship migratory game birds unless the package is marked on the outside with the following information:

3.6.1. The name and address of the person sending the birds;

3.6.2. The name and address of the person to whom the birds are being sent; and

3.6.3. The number of birds, by species, contained in the package.

3.7. Importation. For information regarding the importation of migratory game birds killed in another country, hunters should consult Migratory Bird Hunting, 50 C.F.R. §20.61 through §20.66. One fully-feathered wing must remain attached to all migratory game birds being transported between the port of entry and the hunter’s home or to a migratory bird preservation facility, as defined in Migratory Bird Hunting, 50 C.F.R. §20.11. No person may import migratory game birds killed in any foreign country, except Canada, unless the birds are dressed (except as required in Migratory Bird Hunting, 50 C.F.R. §20.63), drawn, and the head and feet removed. No person may import migratory game birds belonging to another person.

3.8. Migratory Bird Harvest Information Program. No persons, except those legally exempt from purchasing a hunting license, may take or attempt to take migratory game birds in West Virginia after July 1, 1998, unless they are enrolled annually in the Federal Migratory Bird Harvest Information Program as required by Migratory Bird Hunting, 50 C.F.R. §20.20.

3.8.1. The hunter shall carry current proof of annual enrollment while hunting migratory game birds.

Series 57 Waterfowl Hunting Rule

W. Va. Code R. § 58-57-1 General

1.1. Scope. -- This regulation establishes the open seasons and the bag and sex limits for the hunting of waterfowl in West Virginia.

1.2. Authority. -- W. Va. Code §§29A-1-3(c) and 20-1-17(b)(7).

1.3. Filing Date. -- August 26, 2026.

1.4. Effective Date. -- September 1, 2026.

W. Va. Code R. § 58-57-2 Definitions

2.1. All terms shall have the meanings prescribed in the W. Va. Code of State Rules, Title 58 Series 58, Special Waterfowl Hunting Regulations.

W. Va. Code R. § 58-57-3 General Provisions

3.1. Closed Season. -- No person may take waterfowl during the closed season.

3.2. Shooting or Falconry Hours. -- No person may take waterfowl except during the hours open to shooting or falconry as prescribed in these regulations.

3.3. Daily Bag Limit. -- No person may take more than the daily bag limit of any waterfowl.

3.4. Field Possession Limit. -- No person may possess more than the daily bag limit of any waterfowl while in the field or while returning from the field to one's car, hunting camp, home, or other place.

3.5. Wanton Waste. -- All waterfowl killed or crippled must be retrieved if possible and retained in the custody of the hunter in the field.

3.6. Custody of Birds of Another. -- No person may receive or have in his/her custody waterfowl belonging to another person unless such birds are properly tagged.

3.7. Possession of Live Birds. -- No person may at any time, or by any means, possess or transport live waterfowl taken under Migratory Bird Hunting, 50 C.F.R. §20 or under these regulations. Wounded birds reduced to possession must be immediately killed and included in the daily bag limit.

3.8. Seasons in General. -- All seasons are subject to change under the provisions of W. Va. Code §20-1-7(7). Opening and closing dates are inclusive and the time periods are prevailing time unless otherwise noted in these regulations. Sunday hunting is legal under the provisions of W. Va. Code §20-2-5(b).

W. Va. Code R. § 58-57-4 Open Shooting and Falconry Seasons

4.1. Duck Seasons.

4.1.1. Except as provided in subsection 4.1.4. the first segment of this season opens on October 3, 2026 and closes on October 11, 2026.

4.1.2. Except as provided in subsection 4.1.4. the second segment of this season opens on November 7, 2026 and closes on November 15, 2026.

4.1.3. Except as provided in subsection 4.1.4. the third segment of this season opens on December 21, 2026 and closes on January 31, 2027.

4.1.4. There is no open season for harlequin ducks, eiders, whistling ducks, or mottled ducks.

4.2. Merganser Seasons. -- Merganser seasons are the same as the duck seasons established in Section 4.1. of this rule.

4.3. Coot Seasons. -- Coot seasons are the same as the duck seasons established in Section 4.1. of this rule.

4.4. Gallinule Seasons.

4.4.1. The first segment of this season opens October 3, 2026 and closes on October 11, 2026.

4.4.2. The second segment of this season opens December 2, 2026 and closes on January 31, 2027.

4.5. Canada Goose and White-fronted Goose Seasons.

4.5.1. The special September Canada Goose season opens on September 1, 2026 and closes on September 13, 2026.

4.5.2. The first segment of the regular Canada Goose and White-fronted Goose season opens on October 3, 2026 and closes on October 18, 2026.

4.5.3. The second segment of the regular Canada Goose and White-fronted Goose season opens on November 7, 2026 and closes on November 15, 2026.

4.5.4. The third segment of the regular Canada Goose and White-fronted Goose season opens on December 8, 2026 and closes on January 31, 2027.

4.6. Snow Goose and Blue Goose Seasons.

4.6.1. The first segment of the Snow goose and blue goose season opens on October 3, 2026 and closes on October 18, 2026.

4.6.2. The second segment of the Snow goose and blue goose season opens on November 7, 2026 and closes on November 15, 2026.

4.6.3. The third segment of the Snow goose and blue goose season opens on December 8, 2026 and closes on January 31, 2027.

4.7. Brant Season. -- This season opens on January 2, 2027 and closes on January 31, 2027.

4.8. Swan Season.

4.8.1. There is no open season for swans.

W. Va. Code R. § 58-57-5 Shooting and Falconry Hours

5.1. Ducks, Mergansers, Coots, Gallinules, Canada Geese, White-fronted Geese, Snow and Blue Geese, and Brant.

5.1.1. Shooting and falconry hours are from 30 minutes before sunrise until sunset.

W. Va. Code R. § 58-57-6 Shooting Bag and Possession Limits

6.1. Ducks.

6.1.1. The bag limit is six ducks in aggregate per day and may include:

6.1.1.a. No more than two black ducks;

6.1.1.b. No more than four sea ducks, including no more than three scoters and no more than three long-tailed ducks (old squaw);

6.1.1.c. No more than four mallards only two of which may be a hen;

6.1.1.d. No more than one scaup during the segments of the duck season as outlined in section 4.1.1. and 4.1.2. and for that portion as outlined in section 4.1.3. between October 3, 2026 and January 11, 2027; and no more than two scaup during the period from January 12, 2027 through January 31, 2027 of the segment of the duck season as outlined in section 4.1.3.

6.1.1.e. No more than three pintail;

6.1.1.f. No more than two redheads;

6.1.1.g. No more than three wood ducks; and

6.1.1.h. No more than two canvasbacks.

6.1.2. The possession limit is 18 ducks in aggregate and may include:

6.1.2.a. No more than six black ducks;

6.1.2.b. No more than 12 sea ducks including no more than nine scoters and no more than nine long-tailed ducks (old squaw);

6.1.2.c. No more than 12 mallards only six of which may be hen mallards;

6.1.2.d. No more than six scaup;

6.1.2.e. No more than nine pintails;

6.1.2.f. No more than six redheads;

6.1.2.g. No more than nine wood ducks;

6.1.2.h. No more than six canvasbacks.

6.2. Mergansers.

6.2.1. The bag limit is five mergansers in aggregate per day.

6.2.2. The possession limit is 15 mergansers in aggregate.

6.3. Coots.

6.3.1. The bag limit is 15 coots per day.

6.3.2. The possession limit is 45 coots.

6.4. Gallinules.

6.4.1. The bag limit is 15 gallinules per day.

6.4.2. The possession limit is 45 gallinules.

6.5. Canada and White-fronted geese.

6.5.1. The bag limit is five Canada and White-fronted geese in aggregate per day.

6.5.2. The possession limit is 15 Canada and White-fronted geese in aggregate.

6.6. Snow and Blue geese.

6.6.1. The bag limit is five snow and blue geese in aggregate per day.

6.6.2. The possession limit is 15 snow and blue geese in aggregate.

6.7. Brant.

6.7.1. The bag limit is one brant per day.

6.7.2. The possession limit is three brant.

W. Va. Code R. § 58-57-7 Falconry Bag and Possession Limits

7.1. The bag limit for falconry hunting is three migratory game birds and waterfowl in the aggregate per day.

7.2. The possession limit for falconry hunting is nine migratory game birds and waterfowl in the aggregate.

W. Va. Code R. § 58-57-8 Youth Waterfowl Hunting Season

8.1. The youth waterfowl hunting season for taking ducks, geese, coots, mergansers, and gallinules is open on September 19, 2026 and on October 31, 2026.

8.2. The bag and possession limit for the youth waterfowl season is the same as the regular season daily bag limits listed in Section 6 of this rule.

Series 58 Special Waterfowl Hunting

W. Va. Code R. § 58-58-1 General

1.1. Scope and Purpose. -- This rule establishes provisions regarding the proper management of waterfowl with respect to the hunting of waterfowl in West Virginia.

1.2. Authority. -- W. Va. Code §20-1-7(31).

1.3. Filing Date. -- May 16, 2025.

1.4. Effective Date. -- May 19, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.

1.6. Seasons in General. -- All hunting seasons are subject to change under the provisions of W. Va. Code §20-1-7(7). Opening and closing dates are inclusive and the time periods are prevailing time unless otherwise noted in this rule.

W. Va. Code R. § 58-58-2 Definitions

2.1. "Aggregate" means the total bag or possession limit of similar kinds of waterfowl.

2.2. "Bait" means shelled, shucked, or unshucked corn, wheat or other grain, any other feed or edible enticement, or any non-edible facsimile of an edible enticement.

2.3. "Baited Area" means any area where baiting occurs.

2.4. "Baiting" means the direct or indirect placing, exposing, depositing, distributing, or scattering of bait so as to constitute for waterfowl a lure, attraction, or enticement to or on any areas where hunters are attempting to take them. An area is considered baited for 10 days after the removal of the bait.

2.5. "Blind Area" means the area within 75 yards of the hunter's assigned blind.

2.6. "Prevailing Time" means either Eastern Standard Time or Eastern Daylight Time as established by the United States Congress.

2.7. “Sinkbox” means a low floating device having a depression affording the hunter a means of concealment beneath the surface of the water.

2.8. "Waterfowl” means members of the family Anatidae (ducks, geese, mergansers, and swans) and members of the family Rallidae (coots and gallinules) for which open seasons are prescribed in Section 4 of the W. Va. Code of State Rules, Title 58 Series 57, Waterfowl Hunting Rule.

2.9. "Wildlife Management Area” means any public access area, public hunting area, public fishing area, public hunting and fishing area, public shooting ground, or public wildlife management area that is administered, leased, or owned by the State of West Virginia.

W. Va. Code R. § 58-58-3 General Waterfowl Hunting Rules

3.1. Dual Violation. Violation of any provision of this rule is also a violation of federal migratory bird hunting regulations pursuant to Migratory Bird Hunting, 50 C.F.R. Part 20 Subpart H.

3.2. Illegal Methods of Taking Waterfowl.

3.2.1. No person may take waterfowl with a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10-gauge, punt gun, battery gun, machine gun, fishhook, poison, drug, explosive, or stupefying substance.

3.2.2. No person may take waterfowl with a shotgun capable of holding more than three shells, unless it is plugged with a one-piece filler which is incapable of being removed without disassembling the gun.

3.2.3. No person may take waterfowl from a sinkbox.

3.2.4. No person may take waterfowl from or with the aid or use of a motor vehicle, other land conveyance, or an aircraft of any kind, except as provided in paragraph 3.2.4.a. of this rule.

3.2.4.a. A person who holds a valid Class Q special resident hunting permit may take waterfowl from a stationary motor vehicle provided that he or she is the only occupant of that vehicle, that the engine of the vehicle is not operating, and that the vehicle is not parked on the right-of-way of any public road or highway.

3.2.5. No person may take waterfowl from or by means of any motorboat or sailboat unless the motor has been completely shut off or the sail furled and the progress from the motor or sail has ceased.

3.2.6. No person may take waterfowl by the use or aid of live birds as decoys.

3.2.6.a. All live, tame, or captive ducks and geese shall have been removed by the landowner from the hunt area for a period of 10 consecutive days prior to hunting and confined within an enclosure which substantially reduces the audibility of their calls and totally conceals the tame birds from the sight of migratory waterfowl.

3.2.7. No person may take waterfowl by the use of records or tapes of waterfowl calls or sounds, or recorded or electrically-amplified imitations of waterfowl calls.

3.2.8. No person may take waterfowl by concentrating, driving, rallying, or chasing the birds with any motorized land, water, or air conveyance or any sailboat.

3.2.9. No person may take waterfowl by the aid of baiting, or on or over any baited area. Hunters should be aware that a baited area is considered to be baited for 10 days after the removal of the bait, and it is not necessary for the hunter to know an area is baited to be in violation of federal regulations and section 3.2 of this rule.

3.3. Tagging. No person may give, put, or leave waterfowl at any place, or in the custody of another person, unless the birds are tagged by the hunter with the following information:

3.3.1. The hunter's signature and address; the total number of birds involved, by species; and the date on which each bird was killed.

3.4. Field Dressing. No person may completely field dress waterfowl and then transport the birds from the field. The head or one fully-feathered wing must remain attached to all birds while being transported from the field to the hunter’s home or to a migratory bird preservation facility, as defined in Migratory Bird Hunting, 50 C.F.R. §20.11.

3.5. Shipment. No person may ship waterfowl unless the package is marked on the outside with the following information:

3.5.1. The name and address of the person sending the birds;

3.5.2. The name and address of the person to whom the birds are being sent; and

3.5.3. The number of birds, by species, contained in the package.

3.6. Importation. For information regarding the importation of waterfowl from another country, hunters should consult Migratory Bird Hunting, 50 C.F.R. §§20.61 through 20.66. One fully-feathered wing must remain attached to all waterfowl being transported between the port of entry and one's home or to a migratory bird preservation facility, as defined in Migratory Bird Hunting, 50 C.F.R. §20.11. No person may import waterfowl killed in any foreign country, except Canada, unless the birds are dressed (except as required in Migratory Bird Hunting, 50 C.F.R. §20.63), drawn, and the head and feet removed. No person may import waterfowl belonging to another person.

3.7. Federal Migratory Bird Hunting and Conservation Stamp. Each waterfowl hunter 16 years of age and over must carry on his or her person a valid federal Migratory Bird Hunting and Conservation Stamp (i.e., "duck stamp") signed in ink across the face. This stamp is not needed in order to hunt coots or gallinules.

3.8. Mandatory Use of nontoxic Shot. Use of nontoxic shot approved by the United States Fish and Wildlife Service is mandatory when hunting waterfowl. Only nontoxic shot size "T" or smaller shall be used or in hunter's possession while hunting of waterfowl.

3.9. Concurrent Waterfowl Hunting. Concurrent hunting of waterfowl on major rivers, lakes, reservoirs, and wetlands is legal during the bucks-only deer season if the season for the waterfowl is also open.

3.10. Youth Waterfowl Hunting Season. Youth hunters must be 17 years of age or younger to participate in the Youth Waterfowl Hunting Season. Youth hunters aged 15-17 must comply with the state and federal licensing requirements. Youth hunters under the age of 15 must be accompanied by a licensed adult 18 years of age or older as defined in W. Va. Code of State Rules, Title 58 Series 46, Defining the Terms Used in All Hunting and Trapping, who may not take, shoot, or kill any wildlife while so accompanying the youth hunter.

3.11. Migratory Bird Harvest Information Program. No persons, except those legally exempt from purchasing a hunting license, may take or attempt to take waterfowl in West Virginia after July 1, 1998, unless they are enrolled annually in the Federal Migratory Bird Harvest Information Program as required by Migratory Bird Hunting, 50 C.F.R. §20.20.

3.11.1. The hunter shall carry current proof of annual enrollment while hunting waterfowl.

58CSR58

58CSR58

Series 59 Special Waterfowl and Migratory Bird Hunting Areas

W. Va. Code R. § 58-59-1 General

1.1. Scope. -- This regulation establishes provisions for hunting waterfowl and migratory game birds in specified areas of this State.

1.2. Authority. -- W. Va. Code §§20-1-17(b)(7) and 29A-1-3(c).

1.3. Filing Date. -- August 26, 2026.

1.4. Effective Date. -- September 1, 2026.

W. Va. Code R. § 58-59-2 Definitions

2.1. All terms shall have the meaning prescribed in the W. Va. Code of State Rules, Title 58 Series 56, Special Migratory Bird Hunting, and Title 58 Series 58, Special Waterfowl Hunting.

W. Va. Code R. § 58-59-3 McClintic Wildlife Management Area

3.1. The provisions of the W. Va. Code of State Rules, Title 58 Series 57, Special Migratory Game Bird Hunting, and Title 58 Series 58, Special Waterfowl Hunting, are in effect at the McClintic Wildlife Management Area, except as provided in Sections 3.2. through 3.5. of these regulations.

3.2. Hunting in the controlled waterfowl hunting area is restricted to waterfowl hunting from State-controlled blinds or shooting stations during the period commencing on October 3, 2026 and ending on October 11, 2026 even if other hunting seasons run concurrently. The controlled waterfowl hunting area is marked by signs in the field which are outlined on maps provided by the Division to the successful applicant.

3.3. Shooting and falconry hours in the controlled waterfowl hunting area are from 30 minutes before sunrise until noon during the period commencing on October 3, 2026 and ending on October 11, 2026.

3.4. Concurrent hunting is prohibited in the controlled waterfowl hunting area during the period commencing on October 3, 2026 and ending on October 11, 2026.

3.4.1. Hunters must register in the electronic license system and apply online at www.wvhunt.com. Electronic applications must be submitted by midnight, August 15, 2026 to be eligible for the permit lottery drawing.

3.4.2. Hunting permits outlining the date of hunt and the assigned shooting station will be sent to successful applicants.

3.4.3. Controlled area hunting permits are not transferable.

3.4.4. Hunters with valid controlled area hunting permits must report to the McClintic WMA Office prior to 6:00 a.m. on the morning of the hunt. Failure to report by that time forfeits the hunter's reservation and the reserved blind will then be filled on a first-come, first-served basis.

3.4.5. Hunters must present the day's bag for inspection and return their controlled area hunting permits to the McClintic WMA Office prior to 1:00 p.m. on the day of the hunt.

3.4.6. Hunters in the controlled area who violate the provisions of these regulations or conduct themselves in an unsportsmanlike manner at the McClintic Wildlife Management Area will not receive any further permits.

3.5. All hunters in the controlled waterfowl hunting area during the period commencing on October 3, 2026 and ending on October 11, 2026 must obey the following rules:

3.5.1. Hunters in the controlled area must have a valid controlled hunting permit in possession while hunting in the controlled area.

3.5.2. Guns must be cased and unloaded except when in the blind or shooting station area.

3.5.3. Alcoholic beverages are prohibited in the blind or shooting station area.

3.5.4. Dogs must be kept on a leash except when in the blind or shooting station area.

3.5.5. Hunters may not travel more than 75 yards from the blind or shooting station in pursuit of crippled waterfowl.

W. Va. Code R. § 58-59-4 Green Bottom Wildlife Management Area

4.1. The provisions of the W. Va. Code of State Rules, Title 58 Series 57, Special Migratory Game Bird Hunting, and Title 58 Series 58, Special Waterfowl Hunting, are in effect at the Green Bottom Wildlife Management Area, except as provided in Section 4.2. through 4.3. of these regulations.

4.2. Hunting on the Green Bottom WMA is restricted to waterfowl hunting only during the period commencing on October 3, 2026 and ending on October 11, 2026 even if other hunting seasons run concurrently.

4.3. Shooting and falconry hours for waterfowl are from 30 minutes before sunrise until noon during the period commencing on October 3, 2026 and ending on October 11, 2026.

W. Va. Code R. § 58-59-5 Warden Lake Wildlife Management Area

5.1. Waterfowl hunting is prohibited on Warden Lake Wildlife Management Area in accordance with deed restrictions.

W. Va. Code R. § 58-59-6 Stonewall Wildlife Management Area

6.1. The provisions of the W. Va. Code of State Rules, Title 58 Series 55, Migratory Bird Hunting Rule, and Title 58 Series 56, Special Migratory Game Bird Hunting, are in effect at the Stonewall Wildlife Management Area, except as provided in Sections 6.2. through 6.5. of these regulations.

6.2. Hunting in the controlled mourning dove hunting area is restricted to dove hunting from State-controlled hunting posts on September 1 and 2, 2026 even if other hunting seasons run concurrently. The controlled dove hunting area is marked by signs and includes marked hunting posts. Hunters must remain within five yards of their assigned post while hunting.

6.3. Shooting hours in the controlled dove hunting area are from noon until sunset on September 1, 2026 and from 30 minutes before sunrise until sunset during the remainder of the season.

6.4. All hunting in the controlled dove hunting area is by permit only during the period commencing on September 1 and 2, 2026.

6.4.1. Hunters may register by contacting the DNR District II Office. Applications must be submitted by midnight, August 1, 2026 to be eligible for the permit lottery drawing.

6.4.2. Letters of notification granting controlled area hunting permits will be sent to successful applicants.

6.4.3. Controlled area hunting permits are not transferable.

6.4.4. Hunters in controlled area who violate the provisions of these regulations or conduct themselves in an unsportsmanlike manner at the Stonewall Wildlife Management Area will be ineligible to receive future permits.

6.5. All hunters in the controlled dove hunting area during September 1 and 2, 2026 must obey the following rules:

6.5.1. Permit holders in the controlled area must have a valid controlled hunting permit in their possession while hunting in the controlled area. The permit holder may be accompanied by two guests during the hunt who are also required to have a copy of the permit in their possession.

6.5.2. Guns must be cased and unloaded except when at assigned post.

6.5.3. Alcoholic beverages are prohibited at assigned posts.

6.5.4. Hunters must confine shooting to within five yards of assigned post.

Series 60 Fishing Regulations

W. Va. Code R. § 58-60-1 General

1.1. Scope and Purpose. -- These regulations establish the open seasons and the size and creel limits with respect to the taking of fish and other aquatic species in West Virginia.

1.2. Authority. -- W. Va. Code §§20-1-7(31) and 20-1-17(7).

1.3. Filing Date. -- December 26, 2024.

1.4. Effective Date. -- January 1, 2025.

W. Va. Code R. § 58-60-2 Definitions

2.1. "Aggregate" means the total creel or possession limit of similar kinds of game fish. For example, the daily creel limit for trout is six. This could be two brown trout, two brook trout, and two rainbow trout, or any combination of six trout, but not more than a total of six per day nor more than a total of twelve in possession.

2.2. "Impoundment" means any natural or artificial impoundment, lake, pond, or reservoir that is partially or wholly within the territorial limits of West Virginia and is owned and administered by the federal government or by the State or any political subdivision thereof.

2.3. "Possession Limit" means fish that are in any way under the control of the fisherman (i.e., the total of all fish of a single species in a vehicle, home freezer, commercial food locker, or other storage place).

2.4. All other terms shall have the meaning prescribed in W. Va. Code §20-1-2.

W. Va. Code R. § 58-60-3 General Fishing Rules

3.1. It is illegal to catch, take, kill, or attempt to catch, take, or kill any fish at any time by any means other than by rod, line, and hooks with natural or artificial lures unless otherwise authorized by Section 11 of these regulations.

3.2. It is illegal to use a firearm, a crossbow, dynamite or any like explosive, or a poisonous mixture placed in the water for the purpose of killing or taking fish, frogs, aquatic turtles, or other forms of aquatic life.

3.3. It is illegal to take fish, frogs, aquatic turtles, or other forms of aquatic life from a State fish hatchery.

3.4. Federal regulations prohibit the taking of fish or other forms of aquatic life from a federal fish hatchery.

3.5. It is illegal to catch, take, kill, or attempt to catch, take, or kill a paddlefish (Polyodon spathula), shovelnose sturgeon (Scaphirhynchus platorynchus), or lake sturgeon (Acipenser fulvescens) at any time by any means shall be prohibited.

3.6. The possession of any darter species within the State of West Virginia is prohibited.

3.7. Fishing regulations relating to opening and closing dates, creel and possession limits, and size limits on the Potomac and North Branch of the Potomac, including Jennings Randolph Lake, and enforced by West Virginia Division of Natural Resources will correspond with the same regulations published by the State of Maryland.

W. Va. Code R. § 58-60-4 Opening and Closing Dates

4.1. Black Bass Season (Largemouth, Smallmouth, and Spotted Bass). -- The black bass season is open year-round.

4.2. Trout Season (Brook, Brown, Rainbow, Golden Rainbow, and Tiger Trout). -- The trout season is open year-round, except as provided in Sections 4.2.1. through 4.2.5. of these regulations.

4.2.1. From November 1 through May 15, a 1.2-mile section of Middle Wheeling Creek in Ohio County beginning just above the upper limit of Middle Wheeling Creek Lake and extending downstream to the mouth of Gillespie Run is open for catch and release trout fishing only.

4.2.2. From November 1 through May 15, a 1-mile section of the Clear Fork of Guyandotte River in Wyoming County beginning at the state Route 6 bridge and extending upstream to the R.D. Bailey Wildlife Management Area manager’s residence is open for catch and release trout fishing only.

4.2.3. From November 1 through May 15, Paint Creek from Ash Branch upstream 12.5 miles to the mouth of Milburn Creek in Kanawha and Fayette Counties is open for catch and release trout fishing only.

4.2.4. From November 1 through May 15, William’s River from a signed location approximately two miles downstream of Tea Creek extending two miles downstream in Pocahontas County is open for catch and release trout fishing only.

4.2.5. From November 1 through May 15, Shavers Fork River extending from the mouth of Whitmeadow Run downstream 5.5 miles to the mouth of McGee Run in Randolph County is open for catch and release trout fishing only.

4.3. Muskellunge Season. -- Open year-round.

4.4. Tiger Musky Season. -- Open year-round.

4.5. Northern Pike Season. -- Open year-round.

4.6. Hybrid Striped Bass Season. -- Open year-round.

4.7. Walleye Season. -- Open year-round.

4.8. Sauger Season. -- Open year-round.

4.9. Saugeye Season. -- Open year-round.

4.10. Channel Catfish Season. -- Open year-round, except as provided in Section 11.

4.11. Other Game and Nongame Fish Seasons. -- The seasons for game and nongame fish species not listed in Section 4 of these regulations are open year-round, except as provided in Section 11 of these regulations.

4.12. Frog Season (Bullfrogs and Green Frogs). -- This season opens at 9:00 p.m. on the Saturday nearest to June 15 and closes at midnight on July 31, except as provided in Section 4.12.1. of these regulations.

4.12.1. Big Sandy River (Wayne County) and Tug Fork River (Mingo and Wayne counties). The frog season on portions of these rivers between the states of Kentucky and West Virginia opens at noon on the third Friday in May and closes at midnight on October 31.

W. Va. Code R. § 58-60-5 Daily Creel Limits and Possession Limits

5.1. Black Bass (Largemouth, Smallmouth, and Spotted Bass). -- The daily creel limit is six black bass in aggregate and the possession limit is 12 black bass in aggregate, except as provided in Section 5.1.1.

5.1.1. The daily creel limit is zero black bass and the possession limit is zero black bass on Catch-and-Release Black Bass Fishing Areas.

5.2. Trout (Brook, Brown, Rainbow, Tiger, and Golden Rainbow Trout). -- The daily creel limit is six trout in aggregate and the possession limit is 12 trout in aggregate, except as provided in Sections 5.2.1. through 5.2.3. of these regulations.

5.2.1. The daily creel limit is zero trout and the possession limit is zero trout on Catch-and-Release Trout Fishing Areas.

5.2.2. The daily creel limit is zero fish and the possession limit is zero fish on Fly-Fishing-Only Areas.

5.2.3. The daily creel limit is two trout in aggregate and the possession limit is 12 in aggregate for Stephens Lake (Raleigh County).

5.3. Muskellunge. -- The daily creel limit is one muskellunge and the possession limit is two muskellunge, except as provided in 5.3.1. of these regulations.

5.3.1. The daily creel limit is zero muskellunge and the possession limit is zero muskellunge on Catch-and-Release Muskellunge Fishing Areas as provided in Section 8 of these regulations.

5.4. Tiger Musky. -- The daily creel limit is one tiger musky and the possession limit is two tiger musky.

5.5. Northern Pike. -- The daily creel limit is one northern pike and the possession limit is two northern pike.

5.6. Hybrid Striped Bass, Striped Bass and White Bass. -- Except as provided in Section 5.6.1. and 5.6.2. of these regulations, the daily creel limit is 30 hybrid striped bass, striped bass, and white bass with no more than four fish in aggregate larger than 15 inches.

5.6.1. The daily creel limit for hybrid striped bass, striped bass, and white bass is four in aggregate with a 15 inch minimum size on Mount Storm (Grant County), Bluestone (Summers County), Beech Fork (Wayne County), R. D. Bailey (Mingo and Wyoming Counties) lake, and the Kanawha River from the confluence of the Gauley and New Rivers to the Buffalo Bridge.

5.6.2. The daily creel limit is zero and the possession limit is zero for hybrid striped bass, striped bass, and white bass on Rollins Lake (Jackson County).

5.7. Walleye, Sauger and Saugeye. -- The daily creel and possession limits for walleye, sauger and saugeye are as follows:

5.7.1. The daily creel limit for walleye is eight and the possession limit is 16 on all waters except as provided in subdivisions 5.7.1.a. through 5.7.1.d.

5.7.1.a. The daily creel limit is two walleye and the possession limit is four on the Ohio River between the states of Ohio and West Virginia, the Bluestone River extending downstream from the Virginia state line to its confluence with the New River, including all tributaries, the New River extending from the mouth of the Gauley River upstream to the West Virginia and Virginia state border in Summers County including all tributaries except as provided in Section 5.7.1.b., the Coal River extending from the mouth of the Coal River upstream to the confluence of the Little Coal and Big Coal rivers in Lincoln County including all tributaries, the Elk River extending from the mouth of the Elk River upstream including Sutton Lake and all tributaries, the Gauley River extending from the mouth of the Gauley upstream including all tributaries, excluding the area between Summersville Dam and Persinger Creek, the Greenbrier River extending from the mouth of the Greenbrier River upstream, including the East Fork and West Fork of the Greenbrier River in Pocahontas County and all tributaries, the Kanawha River extending from the Winfield Dam upstream to the confluence of the New and Gauley rivers in Fayette County, including all tributaries.

5.7.1.b. The daily creel limit is zero walleye and the possession limit is zero walleye on a five-mile section of the New River from Meadow Creek public access to the base of Sandstone Falls in Raleigh and Summers counties.

5.7.1.c. The daily creel limit and possession limit is zero for walleye on Charles Fork Lake (Roane County) and Dog Run Lake in Harrison County.

5.7.1.d. The daily creel limit in aggregate for walleye, sauger, and saugeye is six and the possession limit is 12, four of which may be walleye, on the Ohio River between the states of Ohio and West Virginia and from the mouth of the Kanawha River in Mason County upstream to the Winfield Lock and Dam, provided only two of the six may be walleye.

5.7.2. The daily creel limit for sauger and saugeye is eight and the possession limit is 16 on all waters except as provided in 5.7.1.d.

5.8. Channel Catfish. -- Except as provided in Section 11, the daily creel and possession limit for channel catfish are as follows:

5.8.1. The daily creel limit is 30 for channel catfish and the possession limit is 60, except as provided in 5.8.2.

5.8.2. The daily creel limit is four channel catfish and the possession limit is eight channel catfish on impoundments designated by the director and published annually.

5.9. Crappie, black and white. -- The daily creel limit for black crappie and white crappie is 30 in aggregate and the possession limit for black crappie and white crappie is 60 in aggregate.

5.10. Sunfish, all species. -- The daily creel limit for all species of sunfish is 30 in aggregate and the possession limit for all species of sunfish is 60 in aggregate, except as provided in 5.10.1.

5.10.1. The daily creel limit for bluegill and all other sunfish species is 10 in aggregate, only five of which may be eight inches or longer, on Mason Lake (Monongahela County) and Teter Creek Lake (Barbour County).

5.11. Chain pickerel. -- The daily creel limit for chain pickerel is one and the possession limit is two

5.12. Other Game Fish. -- The daily creel limit is 30 and the possession limit is 60 for all game fish species not listed in Section 5.

5.13. Other Nongame Fish. -- There are no daily creel or possession limits on nongame fish species not listed in Section 4 of these regulations, except as provided in 5.13.1. and 5.13.2. of these regulations.

5.13.1. The daily creel limit is 30 for yellow perch with a possession limit of 60, except as provided in 5.18.

5.13.2. The daily creel limit is zero for all nongame fish species and using any fish as bait is prohibited on the following:

5.13.2.a. Confluence of the East and West Forks of the Greenbrier River upstream including all tributaries.

5.13.2.b. Gauley River upstream of the Route 55/20 Bridge (Curtain, WV) which includes the Cherry, Williams, Cranberry, and Upper Gauley rivers and all tributaries of each river.

5.13.2.c. Camp Creek and Manns Creek including all tributaries of each stream, including Glade Creek in Babcock State Park.

5.14. Bullfrogs and Green Frogs. -- The daily (noon to noon) creel limit is 10 frogs and the possession limit is 20 frogs.

5.15. Mussels. -- Possession of mussels or any parts thereof is prohibited.

5.16. Minnows and other Aquatic Life. -- A person may have in his possession no more than 50 minnows nor more than a total of 100 aquatic animal life not regulated by W. Va. Code of State Rules, Title 58 Series 73, Reptiles and Amphibian Rule, unless obtained from a licensed dealer and accompanied by a bill of sale.

5.17. Blue Catfish. -- The daily creel limit is two blue catfish, except as provided in 5.17.1. and Section 11.

5.17.1. The daily creel limit is four blue catfish, only one of which may be 35 inches or longer and the possession limit for blue catfish is eight, only two of which may be 35 inches or longer on the following waters:

5.17.1.a. Kanawha River from the mouth (Mason County) extending upstream to the confluence of the New and Gauley Rivers (Fayette County.

5.17.1.b. The entire length of the Ohio River within the state’s boundaries including all West Virginia tributaries within the reciprocal agreement boundaries.

5.18. Yellow Perch. -- The daily creel limit is 15 yellow perch on Cheat Lake (Monongalia County).

5.19. The daily creel limit is zero and the possession limit is zero for all fish on Dixon Lake (Monongalia County).

5.20. The daily creel limit is four, of which only one may be 35 inches or longer and the possession limit is eight for flathead catfish on the following waters:

5.20.1. Kanawha River from the mouth (Mason County) extending upstream to the confluence of the New and Gauley rivers (Fayette County).

5.20.2. The entire length of the Monongahela River within the state’s boundaries.

5.20.3. The Ohio River from the mouth of the Big Sandy River (Wayne County) extending upstream to the mouth of Mill Creek (Hancock County), including all waters within West Virginia covered by the Ohio River Reciprocal Agreement with the State of Ohio.

W. Va. Code R. § 58-60-6 Size Limits

6.1. Black Bass (Largemouth, Smallmouth, and Spotted Bass). -- There are no size limits for black bass, except as provided in Sections 6.1.1. through 6.1.6. of these regulations.

6.1.1. There is a 12-inch minimum size limit for black bass on the following:

6.1.1.a. Barboursville Lake (Cabell County).

6.1.1.b. Beech Fork Lake (Wayne County).

6.1.1.c. Chief Logan Lake (Logan County).

6.1.1.d. Conaway Run Lake (Tyler County).

6.1.1.e. Wheeling Creek (Marshall and Ohio counties).

6.1.1.f. The section of the Ohio River from the mouth of Mill Creek (Hancock County) downstream to the mouth of the Big Sandy River (Wayne County), including all waters within West Virginia covered by the Ohio River Reciprocal Agreement with the State of Ohio.

6.1.2. There is a 12 to 16-inch slot limit in effect at South Mill Creek Lake (Grant County) (i.e., all black bass 12 to 16 inches in length that are caught at South Mill Creek Lake must be released immediately).

6.1.3. There is a 12 to 16-inch slot limit in effect at Parker Hollow Lake (Hardy County) (i.e., all black bass 12 to 16 inches in length that are caught at Parker Hollow Lake must be released Immediately)

6.1.4. There is a 12 to 20-inch (12" to 20") slot limit on black bass in effect on the Greenbrier River on the section between the Route 60 bridge near Caldwell and the Route 219 bridge at Ronceverte. Only one black bass over 20 inches may be part of the daily creel limit within the slot limit area. The remainder of the creel limit must be less than 12 inches in length. All black bass 12 to 20 inches in length that are caught on the Greenbrier in this designated area must be released immediately.

6.1.5. Only one black bass 18 inches or longer may be part of the daily creel limit on Stonewall Jackson Lake. The remainder of the creel limit must be less than 18 inches in length.

6.1.5.a. There are no size limits for black bass on Stonewall Jackson Lake for bass tournament anglers registered and participating in a division permitted bass tournament, provided black bass exceeding the creel limit in 6.1.5. are released following the tournament weight in.

6.1.6. There is a 14 to 22-inch slot limit for black bass in effect on the New River from the confluence of the New and Gauley Rivers upstream to the West Virginia/Virginia state line, excluding Bluestone Lake (from the dam upstream to the mouth of Indian Creek. Only one black bass over 22 inches may be part of the daily creel limit within the slot limit area.

6.1.7. Only one black bass 16 inches or longer may be part of the daily creel limit on Elk Fork Lake (Jackson County), North Bend Lake (Ritchie County), O’Brien Lake (Jackson County), and Woodrum Lake (Jackson County). The remainder of the creel limit must be less than 16 inches in length.

6.2. Trout (Brook, Brown, Rainbow, Tiger, and Golden Rainbow Trout). -- There are no size limits for trout.

6.3. Muskellunge. -- There is a 30-inch minimum size limit for muskellunge except as provided in Section 6.3.1. through 6.3.3. of these regulations.

6.3.1. There is a 40-inch minimum size limit for muskellunge on North Bend Lake (Ritchie County).

6.3.2. There is a 40-inch minimum size limit for muskellunge on North Fork Hughes River (Ritchie County) on a 1.3-mile section extending from North Bend Lake Dam downstream to the CR 809 bridge near the North Bend State Park River Run campground.

6.3.3. There is a 52-inch minimum size limit on Stonewall Jackson Lake, including all tributaries (Lewis County).

6.4. Tiger Musky. -- There is a 30-inch minimum size limit for tiger musky.

6.5. Northern Pike. -- There is a 30-inch minimum size limit for northern pike.

6.6. Hybrid Striped Bass, Striped Bass and White Bass. -- There is a 15-inch minimum size limit for hybrid striped bass, striped bass, and white bass on the following:

6.6.1. Beech Fork Lake (Wayne County).

6.6.2. Bluestone Lake (Summers County).

6.6.3. Mount Storm Lake (Grant County).

6.6.4. R. D. Bailey Lake (Mingo and Wyoming Counties).

6.6.5. Kanawha River from the confluence of the Gauley and New Rivers downstream to the Buffalo Bridge.

6.7. Walleye. -- There are no size limits for walleye, except as provided in Sections 6.7.1 through 6.7.3. of these regulations.

6.7.1. There is a 15-inch minimum size limit for walleye on the following:

6.7.1.a. Monongahela River extending from the West Virginia and Pennsylvania state border in Monongalia County upstream to the confluence of the West Fork and Tygart rivers in Marion County.

6.7.1.b. Tygart River extending from the mouth of the Tygart in Marion County upstream to Valley Falls.

6.7.1.c. West Fork River extending from the mouth of the West Fork River in Marion County upstream to Stonewall Jackson Lake Dam in Lewis County.

6.7.1.d. Burnsville Lake (Braxton County).

6.7.1.e. Stephens Lake (Raleigh County).

6.7.1.f. Stonecoal Lake (Upshur County).

6.7.2. There is an 18-inch minimum size limit for walleye on the Ohio River between the states of Ohio and West Virginia and the Kanawha River extending from the mouth in Mason County upstream to the Winfield Lock and Dam.

6.7.3. There is a 20 to 30-inch slot limit on walleye in effect on the following waters. Only one walleye over 30 inches may be part of the daily creel limit within the slot limit area as provided in Sections 5.7.1. The remainder of the creel limit must be less than 20 inches in length. All walleye 20 to 30-inches in length that are caught in these designated areas must be released immediately.

6.7.3.a. Bluestone River extending downstream the Virginia state line to its confluence with the New River, including all tributaries.

6.7.3.b. Coal River extending from the mouth of the Coal River upstream to the confluence of the Little Coal and Big Coal rivers in Lincoln County, including all tributaries.

6.7.3.c. Elk River extending from the mouth of the Elk River upstream, including Sutton Lake and all tributaries.

6.7.3.d. Gauley River extending from the mouth of the Gauley upstream, including all tributaries, including the area between Summersville Dam and Persinger Creek.

6.7.3.e. Greenbrier River extending from the mouth of the Greenbrier River upstream including the East Fork and West Fork of the Greenbrier River in Pocahontas County, and all tributaries.

6.7.3.f. Kanawha River extending from the Winfield Dam upstream to the confluence of the New and Gauley rivers in Fayette County, including all tributaries.

6.7.3.g. New River extending from the confluence of the New and Gauley rivers upstream to the West Virginia/Virginia state line in Summers County, including all tributaries, excluding the catch-and-release area from Meadow Creek upstream to the base of Sandstone Falls.

6.7.3.h. Cheat River extending from the mouth of the Cheat River upstream, including Cheat Lake and all tributaries.

6.8. Sauger. -- There are no size limits for sauger.

6.9. Saugeye. -- There are no size limits for saugeye.

6.10. Channel Catfish. -- There are no size limits for channel catfish, except as provided in Section 11.

6.11. Striped Bass and White Bass. -- Except as provided in Section 6.6. of these regulations, there are no size limits for striped bass or white bass.

6.12. Other Game and Nongame Fish. -- There are no size limits for game and nongame fish species not listed in Section 4 of these regulations.

6.13. Bullfrogs and Green Frogs. -- There are no size limits for frogs.

6.14. Blue Catfish. There is a 25” minimum size limit for blue catfish on all waters.

W. Va. Code R. § 58-60-7 Catch and Release Black Bass Fishing Regulations

7.1. Catch-and-Release Black Bass Fishing Areas.

7.1.1. Dunkard Fork Lake (Marshall County).

7.1.2. Edwards Run Pond (Hampshire County).

7.1.3. Kimsey Run Lake (Hardy County).

7.1.4. Millers Fork Pond (Wayne County).

7.1.5. Rockhouse Lake (Logan County).

7.1.6. Tuckahoe Lake (Greenbrier County).

7.1.7. Upper Mud River Lake (Lincoln County).

7.1.8. The South Branch of the Potomac River (Hampshire County): -- A nine and one half mile section in Hampshire County beginning at the Romney Bridge (U.S. Route 50 and State Route 28) and extending downstream to the Blue Beach Bridge (State Route 28) at Grace.

7.1.9. The South Branch of the Potomac River (Hardy County): -- An eight mile section in Hardy County beginning three miles east of Petersburg at the Petersburg Gap Bridge (U.S. Route 220 and State Route 28) and extending downstream to the Fisher Bridge (County Route 13).

7.1.10. The New River (Raleigh, Summers, and Fayette counties): -- A 12-mile section beginning at the I-64 bridge near Sandstone and extending downstream to the NPS Grandview Sandbar Public Access Site near Quinnimont.

7.2. All black bass caught on Catch-and-Release Black Bass Fishing Areas must be returned to the water at once. To release a deeply hooked or gill-hooked bass, the line should be cut.

W. Va. Code R. § 58-60-8 Catch and Release Muskellunge Fishing Regulations

8.1. Catch and Release Muskellunge Fishing Areas.

8.1.1. Middle Island Creek (Tyler County): -- A six mile section beginning at the State Route 18 bridge near Centerville and continuing downstream to the low water bridge near the Jug. Included in this area are sections of Indian Creek and McElroy Creek from the mouth to the first riffle.

8.1.2. Buckhannon River (Upshur County): -- A six and one-half mile section beginning at the city of Buckhannon's water supply dam upstream to the first riffle. Included in this area is the section of French Creek, from its mouth to the first riffle.

8.2. All muskellunge caught on Catch-and-Release Muskellunge Fishing Areas must be returned to the water at once.

W. Va. Code R. § 58-60-9 Catch and Release Trout Fishing Regulations

9.1. Catch-and-Release Trout Fishing Areas.

9.1.1. The Back Fork of the Elk River Catch-and-Release Trout Fishing Area: -- A four mile section in Webster County beginning two miles upstream from Webster Springs near County Route 24/3 and extending upstream along County Route 24 to a point near Breece.

9.1.2. The Shavers Fork Catch-and-Release Trout Fishing Areas.

9.1.3. The North Fork of the South Branch of the Potomac River Catch-and-Release Trout Fishing Area: -- A three-quarter mile section in Pendleton County at the mouth of Seneca Creek near the Seneca Rocks Visitors Center. This area can be reached from County Route 28/3.

9.1.4. The South Branch of the Potomac River Catch-and-Release Trout Fishing Area: -- A one mile section in Pendleton County beginning one mile below U.S. Route 220 at Eagle Rock and extending downstream.

9.1.5. The Cranberry River Catch-and-Release Trout Fishing Area: -- A four and three tenths mile section in Webster and Pocahontas counties beginning at the junction of the North and South Forks and extending downstream to the low water bridge at Dogway Fork. Access is by foot on Forest Service Route 76 from the Cranberry Glades parking area.

9.1.6. The North Fork of Cranberry River Catch-and-Release Trout Fishing Area: -- A one-quarter mile section in Pocahontas County beginning at the mouth and extending upstream to the dam. Access is by foot on Forest Service Route 76.

9.1.7. The Elk River Catch-and-Release Trout Fishing Area: -- A two mile section in Randolph County beginning at Elk Springs and extending downstream to the Rose Run bridge. Access is by secondary route 49.

9.1.8. The Blackwater River Catch-and-Release Trout Fishing Area: -- A three and one-half mile section in Tucker County that extends from the secondary route 28 bridge downstream to the mouth of the North Fork.

9.1.9. The Glade Creek of New River Catch-and-Release Trout Fishing Area: -- A three mile section in Raleigh County that extends from the mouth of Glade Creek upstream to the National Park Service footbridge.

9.1.10. The Slaty Fork section of Elk River Catch and Release Trout Fishing Area: -- A four and six-tenths mile section in Pocahontas County beginning at the junction of Old Field Fork and Big Spring Fork and extending downstream to the mouth of Dry Branch, including Props Run and Big Run. Access is by foot from County Route 219/12 on the south and 219/2 on the north.

9.1.11. The North Fork of Cherry River Catch-and-Release Trout Fishing Area: -- A one and eight-tenths mile section in Nicholas County that extends from the Richwood water supply dam upstream to the first State Route 39 bridge. Access is by State Route 39.

9.1.12. The Bluestone River Catch-and-Release Trout Fishing Area: -- A one mile section in Summers County beginning at a stream gauge station within Pipestem Resort State Park extending upstream to the mouth of Mountain Creek.

9.1.13. The Seneca Creek Catch-and-Release Trout Fishing Area: -- A two-tenths mile section in Pendleton County beginning at the mouth extending upstream to the Rt. 28 bridge.

9.1.14. The Mill Creek Catch-and-Release Brook Trout Fishing Area: -- Entire length of Mill Creek and its tributaries with Kumbrabow State Forest in Randolph County.

9.1.15. The Middle Fork of Williams River Catch-and-Release Trout Fishing Area: -- Entire length of Middle Fork of Williams River beginning at its junction with Williams River and including all of its tributaries within Webster and Pocahontas Counties.

9.1.16. The Tea Creek Catch-and-Release Trout Fishing Area: -- Entire length of Tea Creek beginning at its junction with Williams River upstream of Tea Creek Campground and including all of its tributaries within Pocahontas Counties.

9.1.17. The Red Creek Catch-and-Release Trout Fishing Area: -- Entire length of Red Creek upstream of County Route 45 bridge and including all its tributaries within Tucker County.

9.1.18. The Otter Creek Catch-and-Release Trout Fishing Area: -- Entire length of Otter Creek and including all of its tributaries within Randolph and Tucker Counties.

9.1.19. The Guyandotte River Catch-and-Release Trout Fishing Area: -- Entire length of the Guyandotte River upstream of the railroad bridge in Mullens including all tributaries totaling 101 miles. (Wyoming and Raleigh Counties).

9.1.20. The Barkers Creek of Guyandotte River Catch-and-Release Trout Fishing Area: -- From the mouth of Barkers Creek upstream to include the entire drainage area for a total of 88 stream miles. (Wyoming County).

9.1.21. The Elkhorn Creek Catch-and-Release Trout Fishing Area: -- From the mouth of Elkhorn Creek upstream to include the entire drainage area for a total of 171 stream miles. (McDowell County).

9.2. Fishing on Catch-and-Release Trout Fishing Areas is permitted during daylight hours only.

9.3. Only artificial flies and lures made of metal, wood, feathers, hair, or synthetic material may be used or in one's possession on Catch-and-Release Trout Fishing Areas. No lure or fly with any scent, oil, or edible enticement added onto or impregnated into, may be used or possessed on Catch-and-Release Trout Fishing Areas. This restriction applies regardless if scent is added in the manufacturing process or applied afterward.

9.3.1. Multiple-hook lures must have barbless hooks.

9.3.2. Single-hook lures may have barbed hooks.

9.4. All trout caught on Catch-and-Release Trout Fishing Areas must be returned to the water at once. To release a deeply hooked or gill-hooked trout, the line should be cut.

W. Va. Code R. § 58-60-10 Fly-Fishing-Only Fishing Regulations

10.1. Fly-Fishing-Only Areas.

10.1.1. Second Creek Fly-Fishing-Only Area: -- A two and three-tenths mile section on the Monroe County - Greenbrier County line at Rodgers Mill.

10.1.2. Milligan Creek Fly Fishing Only Area: -- A one-third mile section beginning one mile north of U.S. Route 60 from the County Route 60/15 bridge and extending downstream to a fence crossing.

10.1.3. Dogway Fork Fly Fishing Only Area: -- Includes the mainstem from its junction with Cranberry and all tributaries in Webster, Pocahontas, and Greenbrier counties. Access is by foot on Forest Service Route 78.

10.1.4. Red Run of Dry Fork Fly Fishing Only Area: -- Includes the mainstem from its junction with Dry Fork and all tributaries in Tucker County. Access is by foot from Secondary Route 72.

10.1.5. Thorn Creek Fly Fishing Only Area: -- A one-half mile marked section beginning three miles above the mouth. Access is by County Route 20.

10.1.6. Spring Run Fly Fishing Only Area: -- A one mile marked section beginning three-fifths mile above the mouth at its confluence on South Mill Creek. Access is by County Route 9/2 (Spring Run Road).

10.1.7. Edward Run Fly Fishing Only Area: -- A one and one-quarter mile section beginning at the Edwards Run Pond and extending upstream to the boundary of the Edwards Run Wildlife Management Area in Hampshire County.

10.2. Fishing on Fly-Fishing-Only Areas is permitted during daylight hours only.

10.3. Only artificial flies and streamers may be used or in one's possession on Fly-Fishing-Only Areas.

10.4. Only conventional fly-fishing tackle may be used on Fly-Fishing-Only Areas (i.e., open-faced and closed-face spinning or spin cast reels are prohibited).

10.5. All fish caught on Fly-Fishing-Only Areas must be returned to the water at once. To release a deeply hooked or gill-hooked fish, the line should be cut.

W. Va. Code R. § 58-60-11 Other Fishing Methods

11.1. Dipping.

11.1.1. Dipping for nongame fish is legal year-round.

11.2. Bow Fishing.

11.2.1. Carp may be taken by bow year-round; other nongame fish may be taken by bow during all months except May and June.

11.3. Gigging, Snagging, and Snaring.

11.3.1. Nongame fish, turtles, and eels may be taken by gigging, snagging, or snaring from January 1 through May 15 and from July 15 through December 31, except as provided in Section 11.3.2. of these regulations: Provided, however, that snagging and gigging shall be prohibited within 100 feet of all U.S. Army Corps of Engineers Locks and Dams and their appurtenances.

11.3.2. Suckers, carp, fallfish, and creek chubs may be taken by snaring year-round.

11.4. Trotlines and Droplines.

11.4.1. Trotlines.

11.4.1.a. Trotlines are prohibited on impoundments designated by the director and published annually.

11.4.1.b. Trotlines may be used at the following impoundments:

11.4.1.b.1. Beech Fork (Wayne County).

11.4.1.b.2. Bluestone (Summers County).

11.4.1.b.3. Burnsville (Braxton County).

11.4.1.b.4. Cheat Lake (Monongalia County).

11.4.1.b.5. East Lynn (Wayne County).

11.4.1.b.6. Hawks Nest (Fayette County).

11.4.1.b.7. Jennings Randolph (Mineral County).

11.4.1.b.8. Mt. Storm Lake (Grant County).

11.4.1.b.9. R. D. Bailey (Mingo and Wyoming counties).

11.4.1.b.10. Stonecoal (Lewis and Upshur counties).

11.4.1.b.11. Stonewall Jackson (Lewis County).

11.4.1.b.12. Summersville (Nicholas County).

11.4.1.b.13. Sutton (Braxton County).

11.4.1.b.14. Tygart (Taylor County).

11.4.2. Droplines.

11.4.2.a. Droplines are prohibited on the following:

11.4.2.a.1. Impoundments designated by the director and published annually.

11.4.2.a.2. Elk River (Randolph, Webster, Braxton, Clay, and Kanawha counties).

11.4.2.a.3. Hughes River (Wirt County).

11.4.2.a.4. Little Kanawha River (Braxton, Gilmer, Calhoun, Wirt, and Wood counties).

11.4.2.a.5. Middle Island Creek (Tyler and Pleasants counties).

11.4.2.a.6. South Fork of Hughes River (Doddridge, Ritchie, and Wirt counties).

11.4.2.b. Droplines may be used at the following impoundments:

11.4.2.b.1. Beech Fork (Wayne County).

11.4.2.b.2. Bluestone (Summers County).

11.4.2.b.3. Burnsville (Braxton County).

11.4.2.b.4. Cheat Lake (Monongalia County).

11.4.2.b.5. East Lynn (Wayne County).

11.4.2.b.6. Hawks Nest (Fayette County).

11.4.2.b.7. Jennings Randolph (Mineral County).

11.4.2.b.8. Mt. Storm Lake (Grant County).

11.4.2.b.9. R. D. Bailey (Mingo and Wyoming counties).

11.4.2.b.10. Stonecoal (Lewis and Upshur counties).

11.4.2.b.11. Stonewall Jackson (Lewis County).

11.4.2.b.12. Summersville (Nicholas County).

11.4.2.b.13. Sutton (Braxton County).

11.4.2.b.14. Tygart (Taylor County).

11.5. Underwater Spearfishing.

11.5.1. Nongame fish, except catfish, may be taken by underwater spearfishing from July 1 through September 30 during daylight hours only.

11.5.2. Spearfishing is prohibited on the following:

11.5.2.a. Elk River, from Sutton Dam downstream to the U.S. Route 19 bridge at Sutton.

11.5.2.b. New River, from Bluestone Dam downstream to the lower bridge at Hinton.

11.6. Hand-fishing (“noodling”).

11.6.1. Only channel catfish, flathead catfish, and blue catfish species are permitted to be taken by hand-fishing from June 15 through August 31 during daylight hours only.

11.6.2. Hand-fishing is prohibited on all state-managed impoundments, with the following exceptions:

11.6.2.a. Stonecoal Lake (Lewis and Upshur counties).

11.6.2.b. Hawks Nest Lake (Fayette County).

11.6.2.c. Mt. Storm Lake (Grant County).

11.6.2.d. Cheat Lake, (Monongalia County).

11.6.2.e. All U.S. Army Corps of Engineers lakes.

11.6.3. The daily creel limit for all combined catfish species taken by hand-fishing is four, of which only one may be 35-inches or longer and only two of which may be blue catfish. All additional prohibitions and restrictions related to location, size limits, creel limits and possession limits for catfish in this rule are applicable.

11.6.4. The daily creel limit for hand-fishing is included as part of daily creel limit and possession limits for hook and line fishing for catfish.

11.6.5. The use of SCUBA gear or any other artificial breathing apparatus to hand-fish is prohibited.

11.6.6. The placement or use of artificial cavities and nesting boxes for hand-fishing is prohibited. Only naturally occurring cavities and naturally occurring habitats are permitted for hand-fishing.

11.6.7. Use or possession of hooks, gaffs, spears, or any fishing tackle other than hands, including use of bait or fish attractors, is prohibited.

W. Va. Code R. § 58-60-12 Night Fishing Regulations

12.1. Fishing at night is prohibited or restricted at the following impoundments:

12.1.1. Anderson Lake (Kanawha County): -- No night fishing allowed.

12.1.2. Barboursville (Cabell County): -- No night fishing allowed.

12.1.3. Coonskin (Kanawha County): -- No night fishing allowed.

12.1.4. Dent’s Run (Marion County): -- No night fishing allowed.

12.1.5. Dixon Lake (Monongalia County): -- No night fishing allowed.

12.1.6. Dog Run (Harrison County): -- No night fishing allowed.

12.1.7. Edwards Run (Hampshire County): -- No night fishing allowed.

12.1.8. Elk Two Mile (Site 12) (Kanawha County): -- No night fishing allowed.

12.1.9. Elk Two Mile (Site 13) (Kanawha County): -- No night fishing allowed.

12.1.10. Elk Two Mile (Site 14) (Kanawha County): -- No night fishing allowed.

12.1.11. French Creek (Upshur County): -- No night fishing allowed.

12.1.12. Indian Rock (Nicholas County): -- No night fishing allowed.

12.1.13. James P. Bailey (Mercer County): -- No night fishing allowed.

12.1.14. Krodel (Mason County): -- No night fishing allowed.

12.1.15. Larenim (Mineral County): -- No night fishing allowed.

12.1.16. Logan County Airport Pond (Logan County): -- No night fishing allowed.

12.1.17. Mill Creek (Barbour County): -- No night fishing allowed.

12.1.18. Millers Fork (Wayne County): -- No night fishing allowed.

12.1.19. North Bend Pond (Ritchie County): -- Night fishing by registered campers only.

12.1.20. Pettigrew (Kanawha County): No night fishing permitted.

12.1.21. Poor House (Berkeley County): -- No night fishing allowed.

12.1.22. Raleigh County Airport Pond (Raleigh County): -- No night fishing allowed.

12.1.23. Rock Cliff (Hardy County): -- Night fishing by registered campers only.

12.1.24. Sherwood (Greenbrier County): -- Night fishing by permit only.

12.1.25. Stephens (Raleigh County): -- Night fishing by permit only.

12.1.26. Underwood (Cabell County): -- No night fishing allowed.

12.1.27. Wallback (Clay and Roane counties): -- No night fishing allowed.

12.1.28. Westover Park (Monongalia County): -- No night fishing allowed.

W. Va. Code R. § 58-60-13 McClintic Wildlife Management Area

13.1. The applicable provisions of Sections 3, 4, 5, 6, and 10 of these regulations are in effect at the McClintic Wildlife Management Area, except as provided in Sections 14.2. through 14.5. of these regulations.

13.2. The use of live minnows as bait is prohibited at the McClintic Wildlife Management Area.

13.3. The following ponds are closed to fishing year-round: Ponds #12, and #13.

13.4. The following ponds are open for fishing year-round: Ponds #4, #5, #10, #14, #15, #23, #24, #26, #27, #28, #29, #30, #31, #32, #33, #37, and #38.

13.5. The following ponds are open for fishing during the period beginning at 4:30 p.m. on the Friday prior to Memorial Day (Observed) and closing on December 31: Ponds #3, #6, #7, #8, #9, #11, #16, #17, #18, #19, #20, #34, #36, #39, and #40.

W. Va. Code R. § 58-60-14 Pedlar Wildlife Management Area

14.1. Catch and Release Fishing Area.

14.1.1. Dixon Lake (Monongalia County).

14.1.2. All fish caught must be returned to the water at once. To release a deeply hooked or gill-hooked fish, the line should be cut.

14.1.3. The use of live minnows as bait is prohibited at Dixon Lake.

14.1.4. All hooks must be barbless.

14.1.5. No night fishing allowed.

W. Va. Code R. § 58-60-15 Class Q and Children Special Fishing Areas

15.1. Special fishing areas for children and persons possessing a valid Class Q license established in 58CSR61 are open at the following locations:

15.1.1. Handley Pond -- A five-acre pond in Pocahontas County.

15.1.2. Baker Lake -- A three-acre pond on the Bear Rock Wildlife Management Area in Ohio County.

15.1.3. Coonskin Park Pond -- A two and seven-tenths-acre pond on Coonskin Park in Kanawha County.

15.1.4. Westover Park Pond -- A one-acre pond in Monongalia County.

15.1.5. Raleigh County Airport Pond -- A one-acre pond at the entrance to Raleigh County Airport.

15.1.6. Bishops Knob pond – A two-acre lake between Cranberry and Williams rivers in Webster County, accessible by Forest Road 101.

15.1.7. Millers Fork Pond -- A five-acre pond in Wayne County.

15.1.8. Lake Underwood -- A one-acre pond at YMCA Kennedy Center in Cabell County.

15.1.9. Logan County Airport Pond -- A one-acre pond at the Logan County Airport.

15.1.10. Kanawha State Forest -- A 17.2 mile section of Davis Creek in Kanawha State Forest from the Rt. 23 bridge near the entrance of Kanawha State Forest upstream, including all tributaries; and

15.1.11. Mash Fork of Camp Creek -- A 100-yard section of Mash Fork in Camp Creek State Park/Forest.

15.1.12. Laurel Fork -- A 300-yard section of Laurel Fork in Gilliand Park, Oceana, Wyoming County.

15.2. Season. -- March 1 through May 31.

15.3. The daily creel limit is four trout in aggregate.

Series 61 Special Fishing Rule

W. Va. Code R. § 58-61-1 General

1.1. Scope and Purpose. -- This rule establishes special fishing areas and prohibitions with respect to the taking of fish and other aquatic species in West Virginia.

1.2. Authority. -- W. Va. Code §§20-1-7(31) and 20-1-17(7).

1.3. Filing Date. -- May 16, 2025.

1.4. Effective Date. -- May 19, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect August 1, 2030.

1.6. For the purposes of this rule provisions concerning the open seasons, bag limits, possession limits, creel limits, size, age, weight, and sex limits of any game or nongame fish and other aquatic species of West Virginia, are contained in W. Va. Code of State Rules, Title 58 Series 60, Fishing Regulations.

W. Va. Code R. § 58-61-2 Definitions

2.1. "Daylight hours" means the time period between 30 minutes before sunrise and 30 minutes after sunset.

2.2. All other terms have the meaning prescribed in W. Va. Code §20-1-2.

W. Va. Code R. § 58-61-3 Prohibitions

3.1. Fishing on Catch-and-Release Trout Waters -- Fishing on catch-and-release trout waters is permitted during daylight hours only.

3.1.1. It is illegal to possess any lures except artificial flies and lures made of metal, wood, feathers, hair or synthetic material on catch and release trout waters.

3.1.1.a. Multiple-hook lures shall have barbless hooks.

3.1.1.b. Single-hooked lures may have barbed hooks.

3.1.2. It is illegal to keep or kill any fish caught on catch and release trout waters. The leader should be cut on a deeply hooked or gill hooked fish.

3.2. Fishing on Fly-Fishing Only Waters -- Fishing on fly-fishing only waters is permitted during daylight hours only.

3.2.1. It is illegal to use or possess any lures other than artificial flies and streamers while on fly-fishing only waters.

3.2.2. It is illegal to use any fishing tackle other than conventional fly-fishing tackle on fly-fishing only waters.

3.2.3. It is illegal to keep or kill any fish caught on fly-fishing only waters. The leader should be cut on a deeply hooked or gill hooked fish.

3.3. Fishing in Impoundments Stocked with Trout by the Division -- Only two lines or poles per angler are permitted during the period January 1 through May 31.

3.4. Fishing Methods.

3.4.1. Dipping -- A dip net may not exceed 36 square feet in overall area and its mesh may not be smaller than one-quarter inch .

3.4.2. Bow Fishing -- It is illegal to:

3.4.2.a. Use an arrow having an explosive head or shaft while bow fishing;

3.4.2.b. Use an arrow dipped in or smeared with poison or other chemicals while bow fishing; or 3.4.2.c Use a crossbow while bow fishing.

3.4.2.d. Fish taken by bowfishing may not be returned to the water or left on the bank.

3.4.3. Gigging, Snagging, and Snaring -- It is illegal to take any game fish by gigging, snagging, or snaring.

3.4.4. Jug Fishing -- The use of any free-floating device used to deploy a hook and line to take or attempt to take fish is prohibited.

3.4.5. Trotlines and Droplines -- The following requirements shall be complied with when using trotlines and droplines:

3.4.5.a. Trotlines and droplines shall be attached to the bank, or a tree on the bank;

3.4.5.b. Trotlines and droplines shall bear an identification tag that is legible and waterproof bearing the name and address of the fishing gear’s owner or the owner’s Division of Natural Resources identification number;

3.4.5.c. Trotlines and droplines shall be attended at least once every 24 hours;

3.4.5.d. Wire or cable lines and hooks with more than one point are prohibited;

3.4.5.e. It is illegal to attach a trotline to public piers and docks or within 50 feet of dam appurtenances; and

3.4.5.f. Trotlines and droplines are prohibited on impoundments designated by the director and published annually.

3.4.6. Seining for Minnows and Use of Minnow Traps and Throw Nets -- The seining of minnows and use of minnow traps and throw nets is permitted with the following restrictions:

3.4.6.a. Game fish may not be seined or trapped;

3.4.6.b. A seine may be used to obtain minnows for use as bait provided the seine is not larger than eight feet nor deeper than four feet;

3.4.6.c. Minnow traps may be used provided the openings are not larger than one inch in diameter; and

3.4.6.c.1. Minnow traps shall bear an identification tag that is legible and waterproof bearing the name and address of the owner of the trap or the owner of the trap’s Division of Natural Resources identification number;

3.4.6.c.2. Minnow traps shall be attended at least once every 24 hours.

3.4.6.d. A throw net may be used provided the radius is no larger than 12 feet and the mesh size no larger than one inch.

3.4.7. Underwater Spearfishing -- Spearfishing is permitted with the following restrictions:

3.4.7.a. Spearguns shall be discharged only beneath the surface of the water;

3.4.7.b. It is illegal to use a bolt having an explosive head or shaft while spearfishing;

3.4.7.c. It is illegal to use a bolt dipped in or smeared with poison or other chemicals while spearfishing;

3.4.7.d. A diver may not spearfish in such a manner as to interfere with other fishermen;

3.4.7.e. A diver may not spearfish in heavily travelled boat lanes, marked swimming areas, or marked waterskiing areas; and

3.4.7.f. Fish taken by spearfishing may not be returned to the water or left on the bank.

3.4.8. Fishing through the Ice -- Fishing through the ice on public fishing impoundments is prohibited through holes in the ice with a diameter greater than 10 inches.

W. Va. Code R. § 58-61-4 Special Fishing Areas for Children and Persons Possessing a Valid Class Q License

4.1. The special fishing areas for children and persons possessing a valid Class Q license are open only in the locations during the dates established in W. Va. Code of State Rules, Title 58 Series 60, Fishing Regulations:

4.2. During the dates established in the W. Va. Code of State Rules, Title 58 Series 60, Fishing Regulations the areas are only open to:

4.2.1. All children 14 years of age or under who are accompanied by an adult 18 years of age or older to assist with baiting hooks and removing fish; and

4.2.2. Any person who possesses a valid Class Q permit in accordance with W. Va. Code §20-2-46e.

4.3. Fishing is restricted to daylight hours only.

W. Va. Code R. § 58-61-5 Special Fishing Area Rule for London, Marmet, and Winfield Dam Tailwaters on the Kanawha River

5.1. Requirements and prohibitions:

5.1.1. Children under the age of 13 shall be accompanied by an adult 18 years of age or older within the designated public fishing area;

5.1.2. Sitting on, climbing over, through, or under handrails on the designated public fishing area is prohibited;

5.1.3. Swimming or diving from the designated public fishing area is prohibited;

5.1.4. Glass containers are prohibited on the designated public fishing area;

5.1.5. Intoxicants are prohibited on the designated public fishing area; and

5.1.6. Firearms are prohibited on the designated public fishing area.

W. Va. Code R. § 58-61-6 Special Area Rule for DNR-Owned or Leased Public Boating and Fishing Access Sites

6.1. Requirements and prohibitions:

6.1.1. Public boating and fishing access facilities shall be used solely for the purpose of launching and retrieving watercraft or fishing from shore. No other use of access sites is allowed;

6.1.2. A person may not consume or possess an open container of any alcoholic liquor, nonintoxicating beer, nonintoxicating craft beer, wine, or controlled substances at any time on any public boating and fishing access site;

6.1.3. Swimming or bathing from any public boating and fishing access site is prohibited;

6.1.4. Camping is prohibited on any public boating and fishing access site;

6.1.5. Open fires are prohibited on any public boating and fishing access site;

6.1.6. Trash disposal is prohibited on any public boating and fishing access site, except where trash receptacles are provided;

6.1.7. No person shall remove, cut, deface, destroy, or drive any object into any tree, shrub, rock, sign, building, or other structure or object on a public boating and fishing access site;

6.1.8. Loud or excessive noise, demonstrations, disturbances, and disorderly conduct is prohibited on a public boating and fishing access site;

6.1.9. Discharge of firearms, fireworks and explosives on any public boating and fishing access site is prohibited;

6.1.10. Leaving unattended watercraft is prohibited at any public boating and fishing access site;

6.1.11. Commercial use of any public boating and fishing access site is prohibited, except as authorized by the Director;

6.1.12. Parking of any vehicle or the mooring of any watercraft in such a manner as to obstruct any avenue of ingress or egress, except for the purpose of launching from any public boating and fishing access site is prohibited;

6.1.13. Any law enforcement officer acting under proper authority may prohibit an individual from launching a watercraft from any public boating and fishing access site; and

6.1.14. After launching, vehicles shall be parked in available parking spaces.

W. Va. Code R. § 58-61-7 Use of Live Minnows as Bait

7.1. The use of live minnows as bait is prohibited at the following impoundments:

7.1.1. Airport Pond (Raleigh County).

7.1.2. Anawalt (McDowell County).

7.1.3. Anderson (Kanawha County).

7.1.4. Barboursville (Cabell County)

7.1.5. Bear Rocks (Ohio County).

7.1.6. Berwind (McDowell County).

7.1.7. Big Ditch (Webster County).

7.1.8. Boley (Fayette County).

7.1.9. Brandywine (Pendleton County).

7.1.10. Brushy Fork (Pendleton County).

7.1.11. Buffalo Fork (Pocahontas County).

7.1.12. Cacapon (Morgan County).

7.1.13. Camp Run (Pendleton County).

7.1.14. Charles Fork (Roane County).

7.1.15. Chief Cornstalk (Mason County).

7.1.16. Chief Logan (Logan County).

7.1.17. Conaway Run (Tyler County).

7.1.18. Coonskin (Kanawha County).

7.1.19. Coopers Rock (Monongalia County).

7.1.20. Dents Run (Marion County).

7.1.21. Dixon Lake (Monongalia County).

7.1.22. Edwards Run (Hampshire County).

7.1.23. Elk Two Mile (Site 12) (Kanawha County).

7.1.24. Elk Two Mile (Site 13) (Kanawha County).

7.1.25. Elk Two Mile (Site 14) (Kanawha County).

7.1.26. Fitzpatrick (Raleigh County).

7.1.27. French Creek (Upshur County).

7.1.28. Frozencamp Left Fork (Jackson County)

7.1.29. Frozencamp Right Fork (Jackson County)

7.1.30. Handley (Pocahontas County).

7.1.31. Horse Creek (Wyoming County).

7.1.32. Hurricane (Putnam County).

7.1.33. Indian Rocks (Nicholas County).

7.1.34. James P. Bailey (Mercer County).

7.1.35. Jimmy Lewis (Mercer County).

7.1.36. Kanawha State Forest (Kanawha County).

7.1.37. Kee (Mercer County).

7.1.38. Kimsey Run (Hardy County).

7.1.39. Laurel (Mingo County).

7.1.40. Little Beaver (Raleigh County).

7.1.41. Logan County Airport Pond (Logan County).

7.1.42. McClintic (Mason County)

7.1.43. Miletree (Roane County).

7.1.44. Mill Creek (Barbour County).

7.1.45. Millers Fork (Wayne County).

7.1.46. Moncove (Monroe County).

7.1.47. Mountwood (Wood County).

7.1.48. Mountain Valley (Summers County).

7.1.49. New Creek (Dam Number 14) (Grant County).

7.1.50. Newburg Lake (Preston County).

7.1.51. North Bend Pond (Ritchie County)

7.1.52. Parker Hollow (Hardy County).

7.1.53. Pettigrew (Kanawha County).

7.1.54. Pennsboro (Ritchie County).

7.1.55. Pendleton (Tucker County).

7.1.56. Pipestem (Summers County).

7.1.57. Plum Orchard (Fayette County).

7.1.58. Poor House (Berkeley County).

7.1.59. Ridenour (Kanawha County).

7.1.60. Rock Cliff (Hardy County).

7.1.61. Rockhouse (Logan County).

7.1.62. Rollins (Jackson County).

7.1.63. Seneca (Pocahontas County).

7.1.64. Sherwood (Greenbrier County).

7.1.65. Silcott Fork (Roane County).

7.1.66. South Mill Creek (Grant County).

7.1.67. Spruce Knob (Randolph County).

7.1.68. Summit (Greenbrier County).

7.1.69. Teter Creek (Barbour County).

7.1.70. Tracy (Ritchie County).

7.1.71. Trout (Hardy County).

7.1.72. Tuckahoe (Greenbrier County).

7.1.73. Underwood (Cabell County).

7.1.74. Upper Cove Run (Hardy County).

7.1.75. Upper Deckers (Preston County).

7.1.76. Wallback (Clay and Roane counties).

7.1.77. Warden (Hardy County).

7.1.78. Watoga (Pocahontas County).

7.1.79. Westover Park (Monongalia County).

7.1.80. Wolf Run (Marshall County).

W. Va. Code R. § 58-61-8 Penalties

8.1. Any person violating the provisions of this rule is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with W. Va. Code §20-7-9.

58CSR61

Series 62 Catching and Selling Baitfish

W. Va. Code R. § 58-62-1 General

1.1. Scope. -- This legislative rule establishes regulations to govern the catching and selling of bait fish under a license issued pursuant to W. Va. Code §20-2-55.

1.2. Authority. -- W. Va. Code §20-1-7(31)

1.3. Filing Date. -- May 16, 2025.

1.4. Effective Date. -- May 19, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 58-62-2 Definition

2.1. "Aggregate" means the total possession or sales limit on similar kinds of bait fish considered as a whole.

2.2. "Bait fish" means the species listed in section 3 of these regulations.

2.3. "Licensee" means a person holding a valid license to catch and sell minnows and other bait fish issued by the Division pursuant to WV Code §20-2-55.

W. Va. Code R. § 58-62-3 Species Which May Be Legally Caught And Sold

3.1. The following species may be caught and sold by a licensee:

3.1.1. Crayfish.

3.1.2. Gizzard Shad (Dorosoma cepedianum). -- Gizzard shad have a row of sharp, spiny scutes (saw-toothed scales) along their belly and the last ray of their dorsal fin is greatly elongated.

3.1.3. Hellgrammites.

3.1.4. Madtoms. -- All species in the family Ictaluridae, genus Noturus. Madtoms have an adipose fin continuous with the caudal fin (i.e., the tail fin continues forward along the back of the fish).

3.1.5. Minnows. -- All species in the family Cyprinidae except carp and goldfish. Minnows have a single, spineless dorsal (back) fin which has nine or fewer rays.

3.1.6. Salamanders -- All species which may be taken as specified in W. Va. Code of State Rules, Title 58 Series 73.

3.1.7. Suckers. -- All species in the family Castostomidae.

W. Va. Code R. § 58-62-4 Possession Limit

4.1. Crayfish, hellgrammites, and amphibians. -- 250 in total aggregate number.

4.2. Gizzard Shad. -- No limit.

4.3. Madtoms, minnows, and suckers. -- 10 pounds in total aggregate weight.

W. Va. Code R. § 58-62-5 Sales Limits

5.1. Crayfish, hellgrammites, and amphibians. -- 50 in total aggregate number per purchaser.

5.2. Gizzard Shad. -- No limit.

5.3. Madtoms, minnows, and suckers. -- 50 in total aggregate number per purchaser.

W. Va. Code R. § 58-62-6 Size Limits

6.1. There are no size limits on bait fish taken for commercial sale.

W. Va. Code R. § 58-62-7 Legal Collection Methods

7.1. Cast nets may be used to catch bait fish for commercial sale if such nets do not exceed 12 feet in radius and have a square mesh not smaller than one-quarter inch nor larger than one inch.

7.2. Dip nets may be used to catch bait fish for commercial sale if such nets do not exceed 36 square feet in overall area and have a mesh not smaller than one-quarter inch.

7.3. Minnow traps may be used to catch bait fish for commercial sale provided the opening of such traps is not larger than one inch in diameter.

7.4. Seines may be used to catch bait fish for commercial sale if such seines do not exceed four feet in depth, eight feet in length, and have a mesh not smaller than one-quarter inch.

7.5. Any minnow trap that is left unattended must have a waterproof and legible tag bearing the licensee's name and address and must be tended at least once every 24 hours.

W. Va. Code R. § 58-62-8 Restricted Areas

8.1. No bait fish may be taken for the purpose of commercial sale from waters closed to fishing under the provisions of W. Va. Code of State Rules, Title 58 Series 60, Fishing Regulations.

W. Va. Code R. § 58-62-9 Penalties

9.1. A licensee who violates any provision of this rule is subject to the penalties of W. Va. Code of State Rules, Title 58 Series 64, Miscellaneous Permits and Licenses.

58CSR62

Series 63 Commercial Sale of Wildlife

W. Va. Code R. § 58-63-1 General

1.1. Scope. -- This legislative rule governs the sale or transfer of wildlife raised, imported, or captured under licenses issued by the Division pursuant to W. Va. Code §§20-2-11, 20-2-13, 20-2-14, 20-2-47, 20-2-48, 20-2-51, and 20-2-52.

1.2. Authority. -- W. Va. Code §§20-2-11, 20-1-7(31), and 20-2-13.

1.3. Filing Date. -- May 9, 2022.

1.4. Effective Date. -- May 9, 2022.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 58-63-2 Definitions

2.1. “Cervid” means all members of the deer family, native and exotic.

2.2. "Facility" means the property on which a person engages in an activity for which one of the licenses listed in section 2.2 of this rule or issued pursuant to W. Va. Code §20-2-51 and §20-2-52 is required by statute and includes, but is not limited to, buildings, enclosures, grounds, impoundments, and ponds.

2.3. "Licensee" means a person who has been granted one of the following permits and licenses issued by the Division or issued pursuant to W. Va. Code §§20-2-51 and 20-2-52:

2.3.1. A license for the operation of a private game preserve for the propagation of wild animals or wild birds for commercial purposes (W. Va. Code §20-2-47). The Division will issue three categories of this license:

2.3.1.a. Commercial game farm license. This license authorizes the licensee to breed or raise wild animals and wild birds as specified by the license, to sell the wild animals and wild birds dead or alive, or to sell the eggs of birds in accordance with the provisions of this rule and under the terms and conditions of the license. This license does not include the acquisition or holding of foxes or raccoons trapped from the wild by a legal trapper (W. Va. Code §20-2-11);

2.3.1.b. Hound coursing/training pen game farm license. This license authorizes the licensee to purchase, hold, and release into hound coursing/training pens in accordance with the provisions of this rule and under terms and conditions of the license, live foxes or raccoons obtained from the wild by a legal trapper (W. Va. Code §20-2-11) or live wildlife obtained by means specified under Section 3 of this rule; and

2.3.1.c. Incorporated sportsmen club game farm license. This license authorizes incorporated sportsmen clubs in West Virginia to purchase, hold, and release in accordance with the provisions of this rule and under terms and conditions of the license, live foxes and raccoons obtained from the wild by a legal trapper (W. Va. Code §20-2-11) or other means specified under Section 3 of this rule for the purpose of restocking.

2.3.2. A license for the operation of a private plant, pond, or business for the propagation, sale, or purchase of fish, frogs, turtles, or other forms of aquatic life for commercial purposes (W. Va. Code §20-2-48). This license authorizes the licensee to breed or raise the species specified by the license and to buy and sell those species dead or alive or the eggs of the species in accordance with the provisions of this rule.

2.4. "Hound Coursing/Training Pen" means a permanent enclosure of no less than 40 acres from which there is no reasonable expectation of escape of the animals placed within, except that fox hound coursing/training pens must enclose no less than 100 acres.

2.5. “Incorporated Sportsmen Club" means a club, organization, or group formed for a common purpose to further the tradition of hunting, fishing, or trapping and registered with the Secretary of State for that purpose.

2.6. "Legal Trapper" means a trapper possessing a valid West Virginia trapping license or otherwise exempted from licensing requirements as provided in W. Va. Code §§20-2-27 and 20-2-28.

2.7. "Native" means commonly accepted and documented in scientific literature to live in the wild as part of the present or historic natural fauna of this State.

2.8. "Wildlife" means wild birds, wild animals, game and fur-bearing animals, fish (including minnows), reptiles, amphibians, mollusks, crustaceans and all forms of aquatic life used as fish bait, whether dead or alive. The term "wildlife" does not include captive cervids owned or possessed pursuant to W. Va. Code §19-2H-1 et seq.

2.9. All other terms have the meaning prescribed in W. Va. Code §20-1-2.

W. Va. Code R. § 58-63-3 Wildlife Acquisition

3.1. Wildlife held by a licensee shall have been:

3.1.1. Obtained from a person licensed by the Division to sell wildlife in this State;

3.1.2. Imported into this State under the provisions of W. Va. Code §20-2-13;

3.1.3. Born at the licensee's facility as the offspring of wildlife legally held by the licensee; or

3.1.4. Obtained from a legal trapper under the provisions of W. Va. Code §20-2-11. The animal, captured within the county in which the licensee is to hold and release the animal or captured from counties specified by the Director for which inter-county sale or possession transfer may occur, shall only be acquired under terms and conditions of the license.

3.2. If a licensee acquires wildlife in the manner specified in subsection 3.1.1 of this rule, the licensee shall retain a bill of sale from the supplying vendor as proof of legal acquisition and carry it while transporting the wildlife to and from the licensee’s facility.

3.3. If a licensee acquires wildlife in the manner specified in subsection 3.1.2 of this rule, the licensee shall retain the importation permit issued by the Division, the health certificate from the state of origin, and a bill of sale from the supplying vendor as proof of legal acquisition and carry these documents while transporting the wildlife to and from the licensee’s facility.

3.4. If a licensee acquires wildlife in the manner specified in subsections 3.1.1, 3.1.2, and 3.1.3 of this rule, the licensee shall keep a record in accordance with the provisions of Section 5 of this rule.

3.5. If a licensee acquires wildlife in the manner specified in subsection 3.1.4 of this rule, the licensee shall ear tag the foxes and raccoons with a tag supplied by the Division within three days of purchase and before release into the wild or a hound coursing/training pen and shall keep a record in accordance with the provisions of Section 5 of this rule.

3.6. If a legal trapper acquires live foxes and raccoons under the provisions of W. Va. Code §20-2-11 for the purpose of sale or any other form of possession transfer, the trapper shall only possess the live foxes and raccoons during the trapping season and 60 days thereafter. Live foxes and raccoons held for 30 days or less shall be held according to temporary or permanent cage/pen/housing requirements as specified under W. Va. Code of State Rules, Title 58 Series 64, Miscellaneous Permits and Licenses and foxes or raccoons held over 30 days shall be held according to permanent cage/pen/housing requirements as specified under W. Va. Code of State Rules, Title 58 Series 64, Miscellaneous Permits and Licenses.

W. Va. Code R. § 58-63-4 Wildlife Sales or Transfer

4.1. A licensee or legal trapper that sells or transfers possession of wildlife shall provide a bill of sale or document to each person who purchases or receives the wildlife. The licensee or legal trapper shall maintain the bill of sale or document with the wildlife while it is being transported and the bill of sale or document shall, at a minimum, contain the following information:

4.1.1. The licensee’s or legal trapper’s name and address;

4.1.2. The licensee’s or legal trapper’s license number or DNR ID number if exempt from licensing requirements;

4.1.3. The date of the sale or transfer;

4.1.4. The purchaser's or receiver's name and address; and

4.1.5. A description of the wildlife sold or transferred, including the number of each species sold or transferred and any unique identification.

4.1.5.a. For sales of fish, this description shall include the number of pounds of each species sold.

4.2. Legal trappers who acquire live foxes and raccoons under the provisions of W. Va. Code §20-2-11 shall only sell or transfer possession of live foxes or raccoons to licensed hound coursing/training pens or incorporated sportsmens clubs located within the county from which the fox or raccoon was captured or located in the counties specified by the Director for which inter-county sale or possession transfer may occur.

4.3. The licensee under the provisions of subdivisions 2.2.1.b. and 2.2.1.c. of this rule shall not transfer possession or resell any foxes or raccoons acquired under subsection 3.1.4 of this rule.

4.4. The Director shall in October of each year publish a list of specified counties for which the inter-county sale or possession transfer of live foxes and raccoons obtained under provisions of W. Va. Code §20-2-11 may occur.

4.5. The Director shall suspend the sale of, or any other form of relocation of live foxes and raccoons acquired under the provisions of W. Va. Code §20-2-11 in any county or portions thereof to protect public health and the welfare of native wildlife.

4.6. Any license issued pursuant to W. Va. Code Chapter 20 or this rule for the importation, sale, or relocation of wildlife may be suspended by the Director to protect the public health and welfare of native wildlife.

4.7. In order to protect the public health and the welfare of native wildlife, a licensee as defined in this rule, may not possess or maintain cervids in captivity. The Division, however, may import wildlife during the normal course of its mission.

W. Va. Code R. § 58-63-5 Record Keeping

5.1. A licensee shall maintain accurate and current records of all wildlife acquisitions and sales or possession transfers and shall also maintain records on all wildlife born at the licensee's facility. A licensee shall maintain records of all wildlife escaping from the facility and report escapes to the district law enforcement captain within 24 hours of discovery. All records shall be either typed or written in plain and legible English and shall include the full name, address, and telephone number of each person with whom the licensee has conducted a wildlife transaction and a commercial game farm licensee shall maintain these records on forms supplied by the Director. The records shall contain the ear tag number, county of origin, date, and disposition for all live foxes and raccoons acquired in the manner specified in subsection 3.1.4. of this rule. A licensee shall maintain all records at his or her facility for a minimum period of three years and a copy of the records of all acquisition, sales, or possession transfers shall be forwarded to the district law enforcement captain within 15 days of the transaction.

W. Va. Code R. § 58-63-6 Inspections

6.1. A licensee's facility, records, or wildlife may be inspected by an authorized representative of the director, on a case-by-case basis, to assure compliance with all requirements mandated by statute or rule or by the terms and conditions of the licensee's permit or license.

6.2. The Director may require a licensee to submit appropriate samples of the wildlife for testing, as a term and condition of the wildlife acquisition, sale, or possession transfer to protect public health and the welfare of native wildlife.

W. Va. Code R. § 58-63-7 Possession for Commercial Purposes Prohibited

7.1. Except for persons possessing a license or permit or specifically designated by authority of W. Va. Code §20-2-11, it is illegal for any person to take, or attempt to take, from the wild or possess for commercial purposes any species of wildlife native to this State, either dead or alive, or to take or attempt to take by any means, or to sell, trade, barter, expose or offer for sale, trade or barter, or to possess or transport, or to have in one's possession with the intent to transport into or out of the state any native wildlife, their eggs, or part thereof for commercial purposes.

W. Va. Code R. § 58-63-8 Penalties

8.1. Any person accused of violating any provision of this rule, may, in the discretion of the Director, be referred to the county prosecutor in the county of the alleged offense for potential prosecution of a misdemeanor or felony. If the county prosecutor determines that a referred violation of this rule meets the act and state of mind requirements for criminal liability under West Virginia law, upon conviction thereof, the violator may be punished by a fine of up to $500 or up to 30 days of incarceration in the county jail, or a combination of fine and incarceration. As applicable, the violation may, in the discretion of the county prosecutor, be prosecuted pursuant to and sentenced by a court in accordance with W.Va. Code Chapter 61: Provided, That convictions for violations of this rule may only be subject to incarceration if the rule violation convicted of posed a substantial risk to life or public safety, or in fact caused actual substantial harm resulting from the violation.

58CSR63

58CSR63

Series 64 Micellaneous Permits and Licenses

W. Va. Code R. § 58-64-1 General

1.1. Scope and Purpose. -- This rule establishes procedures concerning the application for and renewal of certain permits and licenses issued by the Division and the keeping of records, submission of reports and other terms and conditions associated with such permits and licenses.

1.2. Authority. -- W. Va. Code §§20-1-7(20) and 20-1-7(30).

1.3. Filing Date. -- May 8, 2023.

1.4. Effective Date. -- May 8, 2023.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect August 1, 2028.

W. Va. Code R. § 58-64-2 Definitions

2.1. "Applicant" means a person of at least eighteen (18) years of age who is applying for any one of the following permits and licenses issued by the Division under the provisions of W. Va. Code §20-2 et seq.

2.1.a. A license for the operation of a private game preserve for the propagation of wild animals or wild birds for commercial purposes (W. Va. Code §20-2-47). Three categories of this license will be issued by the Division:

2.1.a.1. Commercial game farm license. This license authorizes the holder to breed or raise such animals and birds as specified by the license, to sell the same dead or alive, or to sell the eggs of birds in accordance with the provisions of Division rules governing the commercial sale of wildlife (58CSR63). This license does not include the acquisition or holding of foxes or raccoons trapped from the wild by a legal trapper under provisions of W. Va. Code §20-2-11.

2.1.a.2. Hound coursing/training pen game farm license. This license authorizes the holder to purchase, hold, and release into hound coursing/training pens in accordance with the provisions of this rule and under terms and conditions of the license, live foxes and raccoons obtained from the wild by a legal trapper under provisions of W. Va. Code §20-2-11 or live wildlife obtained by means specified under 58CSR63 Section 3.

2.1.a.3. Incorporated sportsmen club restocking game farm license. This license authorizes incorporated sportsmen clubs in West Virginia to purchase, hold, and release in accordance with the provisions of this rule and under terms and conditions of the license, live foxes and raccoons obtained from the wild by a legal trapper under provisions of W. Va. Code §20-2-11 or other means specified under 58CSR63 Section 3 for the purpose of restocking.

2.1.b. A license for the operation of a private plant, pond, or business for the propagation, sale, or purchase of fish, frogs, turtles, or other forms of aquatic life for commercial purposes (W. Va. Code §20-2-48). This license authorizes the holder to breed or raise such species as specified by the license and to buy and sell the same dead or alive or the eggs thereof in accordance with the provisions of Division rules governing the commercial sale of wildlife (58CSR63). Two categories of this license will be issued by the Division:

2.1.b.1. A fish pond license to raise and sell fish, frogs, turtles, or other forms of aquatic life.

2.1.b.2. A fish sales license to buy and resell fish, frogs, turtles, or other forms of aquatic life.

2.1.c. A permit to keep and maintain in captivity as a pet a wild animal or wild bird that has been acquired from a commercial dealer or legally taken by the applicant during the open hunting or trapping season established under 58 CSR 45 (W. Va. Code §20-2-51).

2.1.d. A permit to keep and maintain in captivity as a roadside menagerie wild animals, wild birds, amphibians, or reptiles (W. Va. Code §20-2-52).

2.1.e. A license for the operation of a privately-owned pond or impoundment to be used as a commercial fishing preserve (W. Va. Code §20-2-53).

2.1.f. A license for the operation of a privately-owned commercial shooting preserve (W. Va. Code §20-2-54).

2.1.g. A license to catch and sell minnows or other bait fish (W. Va. Code §20-2-55).

2.1.h. A permit to any person, group of persons, club, or organization to hold or conduct a field trial, shoot-to-retrieve field trial, water race, or wild hunt (W. Va. Code §20-2-56).

2.2. "Chief" means the chief of the Law Enforcement Section of the West Virginia Division of Natural Resources.

2.3. "Division" means the West Virginia Division of Natural Resources.

2.4. "Director" means the director of the West Virginia Division of Natural Resources.

2.5. "District Office" means the office of the West Virginia Division of Natural Resources that houses Division personnel in a district.

2.6. "Section" means the Law Enforcement Section of the West Virginia Division of Natural Resources.

2.7. "Facility" means the property on which a person engages in an activity of which one of the permits and licenses listed in Section 2.1 of this rule is required by statute and includes, but is not limited to, buildings, enclosures, grounds, impoundments, and ponds.

2.8. "Fiscal Year" means July 1 of one year through June 30 of the following year.

2.9. "Licensee" means a person who has been issued one of the permits and licenses listed in Section 2.1 of this rule.

2.10. "Wild Animals" means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats, and includes coyotes and porcupines and all species of cervids. The term wild animals does not include captive cervids owned and possessed by persons licensed pursuant to article two-h, chapter nineteen of this code.

2.11. "Wild Birds" means all birds other than: (a) Domestic poultry — chickens, ducks, geese, guinea fowl, peafowls and turkeys; (b) psittacidae, commonly called parrots and parakeets; and (c) other foreign cage birds such as the common canary, exotic finches and ring dove. All wild birds, either: (i) Those occurring in a natural state in West Virginia; or (ii) those imported foreign game birds, such as waterfowl, pheasants, partridges, quail and grouse, regardless of how long raised or held in captivity, shall remain wild birds under the meaning of this chapter.

2.12. "Commercial dealer" means a licensee holding a license as defined in Section 2.1.a.1. or an out-of-state person/business licensed to sell and export wildlife.

2.13. "Legal Trapper" means a trapper possessing a valid West Virginia trapping license or equivalent (W. Va. Code §§20-2-27, 20-2-28).

2.14. "Hound Coursing/Training Pen" means a permanent enclosure of no less than forty (40) acres from which there is no reasonable expectation of escape of the animals placed within.

2.15. "Incorporated Sportsmen Club" means a club, organization, or group formed for a common purpose to further the tradition of hunting, fishing, or trapping and registered with West Virginia Secretary of State for such purpose.

2.16. “Cervid” is any member of the deer family, both native and exotic. For the purposes of this rule, this definition does not include captive cervids owned or possessed pursuant to W. Va. Code §19-2H et.seq.

2.17. All other terms shall have the meaning prescribed in W. Va. Code §20-1-2.

W. Va. Code R. § 58-64-3 Application Submission and Review

3.1. Except as provided in Section 3.1.a. of this rule, an applicant must submit the appropriate and completed application form furnished by the Division to the district office which serves the county in which the applicant's facility is located.

3.1.a. An applicant for a commercial shooting preserve license issued under W. Va. Code §20-2-54 must submit the appropriate and completed application form furnished by the Division to the address supplied on that form.

3.2. Application forms may be obtained at any district office or from the West Virginia Division of Natural Resources, Law Enforcement Section, 324 Fourth Avenue, South Charleston, West Virginia 25303.

3.3. An application will not be considered to be complete unless the specified licensing fee and a copy of the applicant's West Virginia Business Registration Certificate (if applicable) are attached to the submitted application form.

3.4. Licensing fee payments must be made by cash, personal check or money order payable to the West Virginia Division of Natural Resources.

3.5. Any inspection of an applicant's facility and wildlife will be made in accordance with the provisions of Section 6 of this rule.

3.6. Upon the completion of application review, Division personnel will recommend to the chief that the permit or license sought by the applicant be either granted or denied. If the chief accepts a recommendation to deny the granting of a permit or license, he must notify the applicant of the denial and the reasons therefor.

3.7. All permits and licenses listed in Section 2.1 of this rule will be issued by the chief.

3.8. All licensees must comply with the Temporary or Permanent Cage/Pen/Housing Requirements as set forth in Appendix A.

W. Va. Code R. § 58-64-4 Renewal of Issued Permits and Licenses

4.1. A commercial shooting preserve license issued under W. Va. Code §20-2-54 expires on June 30 of the fiscal year of issue. All other permits and licenses issued under this rule expire on December 31 of the year of issue.

4.2. A licensee may seek to renew an issued permit or license by submitting an updated application to the Division no later than one month prior to the date upon which his permit or license expires.

4.2.a. A renewal application will be submitted by the licensee and processed by the Division in accordance with the provisions of Section 3 of this rule.

4.2.b. A one-month extension for an issued permit or license may be granted by Division personnel in order to facilitate the review and processing of a licensee's renewal application. No fee will be charged for an extension.

4.3. A permit or license issued under this rule may not be sold or transferred.

W. Va. Code R. § 58-64-5 Record Keeping and Reporting

5.1. Records must be maintained by the licensee in accordance with the terms and conditions of the issued permit or license.

5.2. Reports must be submitted by the licensee to the chief in accordance with the terms and conditions of the issued permit or license.

W. Va. Code R. § 58-64-6 Inspections

6.1. An applicant's facility and wildlife may be inspected by Division personnel, on a case by case basis, prior to the granting of the desired permit or license, except as provided in Section 6.2 of this rule.

6.2. Division personnel will inspect an applicant's facility and wildlife prior to the granting of a game farm license under W. Va. Code §20-2-47, a fish pond license under W. Va. Code §20-2-48, or a roadside menagerie permit under W. Va. Code §20-2-52 to assure compliance with all requirements mandated by statute or rule.

6.2.a. Prior to the issuance of a game farm license, Division personnel will determine that the game farm is properly enclosed, that the provisions for housing and sanitation are proper and adequate, and that the safety of the public is protected.

6.2.b. Prior to the issuance of a fish pond license, Division personnel will determine that the fish plant or pond will not interfere with the free passage of fish, that any water diverted to such plant or pond does not violate the riparian rights of other landowners, and that such plant, pond, or diversion will not interfere with the public stocking or propagation of fish frequenting such waters.

6.2.c. Prior to the issuance of a roadside menagerie permit, Division personnel will determine that the provisions for housing and care of wildlife to be kept in captivity at the menagerie are proper and adequate and that the safety of the public is protected.

6.3. A licensee's facility, records, or wildlife may be inspected by an authorized representative of the director, on a case by case basis, to assure compliance with all requirements mandated by statute or rule or by the terms and conditions of the licensee's permit or license.

W. Va. Code R. § 58-64-7 Terms and Conditions

7.1. Game Farm License. The following terms and conditions apply for this license.

7.1.a. Wildlife enclosures must meet the minimum requirements set forth in Appendix A. In addition, all enclosures must be strong enough to both prevent escape of the captive wildlife and protect them from injury. All enclosures must be equipped with a safety barrier which adequately prevents any physical contact between the captive wildlife and visitors or customers. Cages considered unsafe by Division personnel must be repaired or reconstructed as directed within sixty (60) days.

7.1.b. Each enclosure must be provided with a shelter that is appropriate for the wildlife held captive. Shelters must contain bedding or nesting material as may be required for the comfort of the wildlife and be constructed in a manner that protects them from inclement weather.

7.1.c. Fresh drinking water must be provided daily. Swimming or wading pools must be cleaned as needed to ensure good water quality. Wildlife enclosures must be adequately drained.

7.1.d. Food must be wholesome, palatable, free from contamination, and of sufficient quantity and nutritive value to maintain all animals in good health. The diet must be prepared with consideration for age, species, condition, size and type of animal. Wildlife must be fed at least once a day, except as dictated by hibernation, veterinary treatment, normal fasts, or other professionally-accepted practice.

7.1.e. Fecal and food waste must be removed from cages daily and stored or disposed of in a manner which prevents noxious odors or insect pests. Food and water containers must be kept clean. Hay, straw, or other bedding or nesting material must be replaced as needed. All waste must be disposed of in a legal manner.

7.1.f. All wildlife must be kept free from parasites, sickness or disease. If sick, wildlife must be given immediate professional medical attention or be humanely destroyed.

7.1.g. Any damage or injury resulting from the escape or dispersal of wildlife held under the authority of this license shall be the sole responsibility of the licensee.

7.1.g.1. Wildlife held under the authority of this license which escapes or disperses from the facility and poses no threat to the public or to the State’s wildlife shall become the property of the State.

7.1.g.2. Wildlife held under the authority of this license which escapes or disperses from the facility and poses a potential threat to the public safety or to the State’s wildlife may be disposed of by the Division personnel.

7.1.h. Any condition which results in wildlife escaping from its enclosure, cage, housing, leash or other constraint shall be prima-facie evidence that the escaped wildlife was held in an unsafe manner and shall be a violation of the license.

7.1.i. This license does not authorize the holder to capture wildlife from the woods or fields of this State, or to acquire live trapped raccoons and foxes from trappers in West Virginia to be used as stock at the game farm.

7.1.j. The licensee must obey Division rules governing the commercial sale of wildlife (58CSR63).

7.1.k. The licensee must display his license in plain view in the vicinity of his wildlife enclosure(s).

7.1.l. Accurate and current records of all wildlife acquisitions and sales or possession transfer shall be maintained by the licensee on forms provided by the Director. Records on all wildlife born at the licensee's facility shall also be maintained. All records shall be either typed or written in plain and legible English and shall include the full name, address and telephone number of each person with whom a wildlife transaction has been conducted. All records shall be maintained by the licensee at the facility for a minimum period of ten (10) years. In addition the licensee shall provide a bill of sale or document to each person who purchases or receives the licensee's wildlife. The bill of sale or document shall, at a minimum, contain the following information.

7.1.l.1. The seller's name and address.

7.1.l.2. The seller's commercial game farm license number.

7.1.l.3. The date of the sale.

7.1.l.4. The purchaser's name and address.

7.1.l.5. A description of the wildlife sold or transferred, including the number of each species sold or transferred.

7.1.m. A licensee's facility, records, or wildlife may be inspected by an authorized representative of the director, on a case by case basis, to assure compliance with all requirements mandated by statute or rule or by the terms and conditions in this license.

7.2. Hound Coursing/Training Pen Game Farm License. The following terms and conditions will apply for this license.

7.2.a. Hound coursing/training pens and wildlife enclosures must meet the minimum requirements set forth below and in Appendix A. In addition, all wildlife enclosures and hound coursing/training pens must be strong enough to both prevent escape of the captive wildlife and protect them from injury. All enclosures must be equipped with a safety barrier which adequately prevents any physical contact between the captive wildlife and visitors or customers. Cages considered unsafe by Division personnel must be repaired or reconstructed as directed within sixty (60) days.

7.2.b. Each enclosure must be provided with a shelter that is appropriate for the wildlife held captive. Shelters must contain bedding or nesting material as may be required for the comfort of the wildlife and be constructed in a manner that protects them from inclement weather.

7.2.c. Fresh drinking water must be provided daily. Swimming or wading pools must be cleaned as needed to ensure good water quality. Wildlife enclosures must be adequately drained.

7.2.d. Food must be wholesome, palatable, free from contamination, and of sufficient quantity and nutritive value to maintain all animals in good health. The diet must be prepared with consideration for age, species, condition, size and type of animal. Wildlife must be fed at least once a day, except as dictated by hibernation, veterinary treatment, normal fasts, or other professionally-accepted practice.

7.2.e. Fecal and food waste must be removed from cages daily and stored or disposed of in a manner which prevents noxious odors or insect pests. Food and water containers must be kept clean. Hay, straw, or other bedding or nesting material must be replaced as needed. All waste must be disposed of in a legal manner.

7.2.f. All wildlife must be kept free from parasites, sickness or disease. If sick, wildlife must be given immediate professional medical attention or be humanely destroyed.

7.2.g. Any damage or injury resulting from the escape or dispersal of wildlife held under the authority of this license shall be the sole responsibility of the licensee.

7.2.g.1. Wildlife held under the authority of this license which escapes or disperses from the facility and poses no threat to the public or to the State’s wildlife shall become the property of the State.

7.2.g.2. Wildlife held under the authority of this license which escapes or disperses from the facility and poses a potential threat to the public safety or to the State’s wildlife may be disposed of by the Division personnel.

7.2.h. Any condition which results in wildlife escaping from its enclosure, cage, housing, leash or other constraint shall be prima-facie evidence that the escaped wildlife was held in an unsafe manner and shall be a violation of the license.

7.2.i. This license does not authorize the holder to capture wildlife from the woods or fields of this State to be used as stock at the game farm or for release into hound coursing/training pens. This license is intended only to allow the licensee to acquire live foxes and raccoons from legal trappers and/or commercial dealers for the purpose of stocking hound coursing/training pens.

7.2.j. The licensee must obey Division rules governing the commercial sale of wildlife (58CSR63).

7.2.k. The licensee must display his license in plain view in the vicinity of his wildlife enclosure(s).

7.2.l. Under this license, hound coursing/training pens means a permanent enclosure of no less than forty (40) acres from which there is no reasonable expectation of escape of the animals placed within. In the case of foxes and raccoons, the licensee must meet the requirements of 7.2.s. below.

7.2.m. This license authorizes the holder to purchase, hold, and release into hound coursing/training pens, under terms and conditions of the license, live racoons and foxes obtained from the wild by a legal trapper (W. Va. Code §20-2-11) or wildlife obtained by means specified under 58CSR63 Section 3 for this purpose. This license will not be issued for coyote.

7.2.n. Live raccoons and foxes obtained from a legal trapper under provision of WV Code §20-2-11 must be obtained within the county in which the licensed facility is located or from the counties specified by the Director.

7.2.o. In October of each year the Director will publish a list of counties from which the holder of this license may obtain live foxes or raccoons. In order to protect public health and the welfare of native wildlife, the Director may further suspend and limit the sale and transfer of live raccoons and foxes in any county or portions thereof upon public notice.

7.2.p. Live foxes and raccoons obtained under this license for the purpose of releasing into hound coursing/training pens must be ear tagged by the licensee with a tag supplied by the Division within three (3) days of acquisition and before releasing into hound coursing/training pens.

7.2.q. A record must be kept by the licensee listing all wildlife acquisitions and dispositions. The animal ear tag number, date, county of origin, name address and telephone number of person from which the animal is acquired, and the date of release of all raccoons and foxes must be recorded. The bill of sale or document received at the time of the wildlife possession transfer must be kept as part of the record. All records must be either typed or written in plain and legible English and must be maintained for a period of three (3) years.

7.2.r. This license does not authorize the licensee to transfer possession or resell wildlife.

7.2.s. Fox hound coursing/training pens must have a minimum of one hundred (100) acres. Raccoon hound coursing/training pens must have a minimum of forty (40) acres, at least fifty percent (50%) of which is wooded.

7.2.t. Stocking rates of raccoon and fox shall not exceed one (1) animal per ten (10) acres in hound coursing/training pens.

7.2.u. A maximum of one (1) dog per fifteen (15) acres is permitted in raccoon and fox hound coursing/training pens.

7.2.v. Supplemental food and water must be supplied for wildlife released into hound coursing/training pens if these items are not adequate within the pen.

7.2.w. Artificial cover, in the form of dog proof escape pens, shall be provided if natural escape cover is not adequate.

7.2.x. Raccoons and foxes obtained from a trapper cannot be housed or held in the same facility, or housed or held in the same cage as animals obtained by other means.

7.2.y. Raccoons and foxes held under this license prior to release into a hound coursing/training pen may not be used for the training of hunting dogs or in dog field trials.

7.2.z. A licensee's facility, records, or wildlife may be inspected by an authorized representative of the director, on a case by case basis, to assure compliance with all requirements mandated by statue or rule or by the terms and conditions in this license.

7.3. Incorporated Sportsmen Club Restocking Game Farm License. The following terms and conditions will apply to this license.

7.3.a. Wildlife enclosures must meet the minimum requirements set forth in Appendix A. In addition, all enclosures must be strong enough to both prevent escape of the captive wildlife and protect them from injury. All enclosures must be equipped with a safety barrier which adequately prevents any physical contact between the captive wildlife and the public. Cages considered unsafe by Division personnel must be repaired or reconstructed as directed within sixty (60) days.

7.3.b. Each enclosure must be provided with a shelter that is appropriate for the wildlife held captive. Shelters must contain bedding or nesting material as may be required for the comfort of the wildlife and be constructed in a manner that protects them from inclement weather.

7.3.c. Fresh drinking water must be provided daily. Swimming or wading pools must be cleaned as needed to ensure good water quality. Wildlife enclosures must be adequately drained.

7.3.d. Food must be wholesome, palatable, free from contamination, and of sufficient quantity and nutritive value to maintain all animals in good health. The diet must be prepared with consideration for age, species, condition, size and type of animal. Wildlife must be fed at least once a day, except as dictated by hibernation, veterinary treatment, normal fasts, or other professionally-accepted practice.

7.3.e. Fecal and food waste must be removed from cages daily and stored or disposed of in a manner which prevents noxious odors or insect pests. Food and water containers must be kept clean. Hay, straw, or other bedding or nesting material must be replaced as needed. All waste must be disposed of in a legal manner.

7.3.f. All wildlife must be kept free from parasites, sickness or disease. If sick, wildlife must be given immediate professional medical attention or be humanely destroyed.

7.3.g. Any damage or injury resulting from the possession, escape or release into the wild of wildlife held under the authority of this license shall be the sole responsibility of the licensee.

7.3.g.1. Wildlife which escapes or is released into the wild and poses no threat to the public shall become the property of the State.

7.3.g.2. Wildlife which escapes or is released into the wild and poses a potential threat to the public safety may be disposed of by the Division personnel.

7.3.h. Any condition which results in wildlife escaping from its enclosure, cage, housing, leash or other constraint shall be prima-facie evidence that the escaped wildlife was held in an unsafe manner and shall be a violation of the license.

7.3.i. This license does not authorize the holder to capture wildlife from the woods or fields of this State to be used as stock at the game farm or any other use.

7.3.j. The licensee must obey Division rules governing the commercial sale of wildlife (58CSR63).

7.3.k. The licensee must display his license in plain view in the vicinity of his wildlife enclosure(s) and a copy on their person at the site of release of the wildlife covered under this license.

7.3.l. Under this license an incorporated sportsmen club means a club, organization, or group formed for a common purpose to further the tradition of hunting, fishing or trapping and registered with the West Virginia Secretary of State for such purpose.

7.3.m. This license authorizes incorporated sportsmens clubs in West Virginia to purchase, hold, and release under terms and conditions of the license, live foxes and raccoons obtained from the wild by a legal trapper (W. Va. Code §20-2-11) or wildlife obtained by means specified under 58CSR63 Section 3 for the purpose of restocking.

7.3.n. Raccoons and foxes obtained from a legal trapper under provision of W. Va. Code §20-2-11 must be obtained within the county in which the licensed facility is located or from the counties specified by the Director.

7.3.o. In October of each year the Director will publish a list of counties from which the holder of this license may obtain live foxes or raccoons. In order to protect public health and the welfare of native wildlife, the Director may further suspend and limit the sale and transfer of live raccoons and foxes in any county or portions thereof upon public notice.

7.3.p. Raccoons and foxes obtained from legal trappers under provision of W. Va. Code §20-2-11 can be held by the licensee for no more than thirty (30) days. Raccoons and foxes obtained from commercial dealers can be held by the licensee for no more than three (3) days. All raccoons and foxes obtained under this license must be held or transported under conditions specified in temporary cage/pen/housing requirements or better.

7.3.q. Live foxes and raccoons obtained under this license for the purpose of restocking must be ear tagged by the licensee with a tag supplied by the Division within three (3) days of acquisition and before releasing into the wild.

7.3.r. A record must be kept by the licensee listing all wildlife acquisitions and dispositions. The animal ear tag number, date, county of origin, name address and telephone number of person from which the animal is acquired, and the date and place of release of all raccoons and foxes must be recorded. The bill of sale or document received at the time of the wildlife possession transfer must be kept as part of the record. All records must be either typed or written in plain and legible English and must be maintained for a period of three (3) years.

7.3.s. This license does not authorize the licensee to transfer possession or resell wildlife.

7.3.t. This license is intended only to allow Incorporated Sportsmen Clubs to acquire live trapped foxes and raccoons from legal trappers and/or commercial dealers for the purpose of restocking.

7.3.u. Raccoon and foxes held under this license prior to release for restocking may not be used for the training of hunting dogs or in dog field trials.

7.3.v. Raccoons and foxes obtained from a trapper cannot be housed or held in the same facility, or housed or held in the same cage as animals obtained by other means.

7.3.w. Foxes and raccoons acquired under this license shall not be released on public lands or the lands of another without written permission of the landowner.

7.4. Fish Pond License. The following terms and conditions will apply for this license.

7.4.a. The licensee must assure that his plant or pond does not interfere with the free passage of fish.

7.4.b. The licensee must assure that any water diverted to his plant or pond does not violate the riparian rights of other landowners.

7.4.c. The licensee must assure that his plant, pond, or diversion will not interfere with the public stocking or propagation of fish frequenting neighboring waters.

7.4.d. If the licensee's plant or pond is supplied by waters diverted from a natural stream, the diverted waters must be adequately screened in order to prevent the movement of fish to or from public waters.

7.4.e. The licensee must obey Division rules governing the commercial sale of wildlife (58CSR63).

7.4.f. The licensee must display his license in plain view in the vicinity of his fish pond(s).

7.5. Fish Sales License. The following terms and conditions will apply for this license.

7.5.a. The licensee must obey Division rules governing the commercial sale of wildlife (58CSR63).

7.5.b. The licensee must display his license in plain view at his place of business.

7.6. Pet Permit. The following terms and conditions will apply for this permit.

7.6.a. Cages, pens, or other enclosures housing wild pets must meet the minimum requirements set forth in Appendix A.

7.6.b. Food of sufficient quantity and nutritional value must be provided daily to maintain the wild pet in a healthy state. Fresh drinking water must be provided daily.

7.6.c. Fecal and food waste must be removed from cages daily and stored or disposed of in a manner which prevents noxious odors or insect pests. Food and water containers must be washed weekly. Hay, straw, or other bedding or nesting material must be replaced as needed. All waste must be disposed of in a legal manner.

7.6.d. Pets must be kept free from parasites, sickness, or disease. If sick, pets must be given immediate professional medical attention or be humanely destroyed.

7.6.e. The permittee shall be responsible for insuring his wild pet is maintained in a manner that insures the safety of the public as well as the safety of other wildlife.

7.6.f. Pets must not be tortured, molested, or abused in any manner.

7.6.g. Pets must not be used in the training of hunting dogs.

7.6.h. Pets must have been either lawfully taken by the applicant in this State during an open hunting or trapping season or purchased from a commercial dealer licensed by the Division under W. Va. Code §20-2-47.

7.6.h.1. Pets lawfully taken by the applicant in West Virginia during an open hunting or trapping season must be checked and recorded by a natural resources police officer.

7.6.h.2. If the pet was purchased, the permittee must have in his possession a bill of sale showing that the pet was legally obtained from a licensed commercial dealer.

7.6.i. This permit does not convey the right to trade, barter, sell, or offer to trade, barter, or sell any wildlife. Wildlife acquired under this permit may not be sold or bred without first obtaining a license from the Division under W. Va. Code §20-2-47.

7.6.j. Cervids can not be held under this permit.

7.6.k. Any damage or injury resulting from the escape or dispersal of wildlife held under the authority of this license shall be the sole responsibility of the licensee.

7.6.k.1. Wildlife held under the authority of this license which escapes or disperses from the facility and poses no threat to the public or to the State’s wildlife shall become the property of the State.

7.6.k.2. Wildlife held under the authority of this license which escapes or disperses from the facility and poses a potential threat to the public safety or to the State’s wildlife may be disposed of by the Division personnel.

7.7. Roadside Menagerie Permit. The following terms and conditions will apply for this permit.

7.7.a. Wildlife enclosures must meet the minimum requirements set forth in Appendix A. In addition, all enclosures must be strong enough to both prevent escape of the captive wildlife and protect them from injury. All enclosures must be equipped with a safety barrier which adequately prevents any physical contact between the captive wildlife and visitors or customers. Cages considered unsafe by Division personnel must be repaired or reconstructed as directed within sixty (60) days.

7.7.b. Each enclosure must be provided with a shelter that is appropriate for the wildlife held captive. Shelters must contain bedding or nesting material as may be required for the comfort of the wildlife and be constructed in a manner that protects them from inclement weather.

7.7.c. Fresh drinking water must be provided daily. Swimming or wading pools must be cleaned as needed to ensure good water quality. Wildlife enclosures must be adequately drained.

7.7.d. Food must be wholesome, palatable, free from contamination, and of sufficient quantity and nutritive value to maintain all animals in good health. The diet must be prepared with consideration for age, species, condition, size, and type of animal. Wildlife must be fed at least once a day, except as dictated by hibernation, veterinary treatment, normal fasts, or other professionally-accepted practice.

7.7.e. Fecal and food waste must be removed from cages daily and stored or disposed of in a manner which prevents noxious odors or insect pests. Food and water containers must be kept clean. Hay, straw, or other bedding or nesting material must be replaced as needed. All waste must be disposed of in a legal manner.

7.7.f. All wildlife must be kept free from parasites, sickness, or disease. If sick, wildlife must be given immediate professional medical attention or be humanely destroyed.

7.7.g. Any damage or injury resulting from the escape or dispersal of wildlife held under the authority of this license shall be the sole responsibility of the licensee.

7.7.g.1. Wildlife held under the authority of this license which escapes or disperses from the facility and poses no threat to the public or to the State’s wildlife shall become the property of the State.

7.7.g.2. Wildlife held under the authority of this license which escapes or disperses from the facility and poses a potential threat to the public safety or to the State’s wildlife may be disposed of by the Division personnel.

7.7.h. Any condition which results in wildlife escaping from its enclosure, cage, housing, leash, or other constraint shall be prima-facie evidence that the escaped wildlife was held in an unsafe manner and shall be a violation of the permit.

7.7.i. The permittee must place signs on wildlife enclosures as specified in the requirements outlined below. Additional signs must be conspicuously posted on all enclosures prohibiting the public from feeding or annoying the wildlife. Each enclosure must also have a sign labeled in English with the proper common name of species confined therein.

7.7.j. Except as provided in Section 7.7.k.2., wildlife must not be removed from their enclosures or directly exposed to the public. Safety barriers such as walls, fences, moats, retaining rails, and other necessary devices must be in place to prevent the public from approaching near enough to the enclosures or areas to make physical contact with wildlife. All enclosures must be key-locked or padlocked.

7.7.k. Visitor contact with the following designated animals may be permitted under the conditions specified:

7.7.k.1. Visitor contact with buffalo may be allowed until the animal is six (6) months of age.

7.7.k.2. Wildlife may be removed from cages for exhibition provided the exhibitor displays the wildlife in a manner that precludes any danger to the public.

7.7.k.3. Any damage or injury resulting from contact with any wildlife held under authority of this permit shall be the sole responsibility of the permittee.

7.7.l. All wildlife held at a menagerie must have been either lawfully taken by the applicant in this State during an open hunting or trapping season or purchased from a commercial dealer licensed by the Division under W. Va. Code §20-2-47.

7.7.l.1. The acquisition of wildlife shall be for the sole purpose of maintaining stock for the menagerie.

7.7.l.2. Wildlife lawfully taken by the applicant in West Virginia during an open hunting or trapping season must be checked and recorded by a natural resources police officer.

7.7.l.3. If wildlife was purchased, the permittee must have in his possession a bill of sale showing that the wildlife was legally obtained from a licensed commercial dealer. The bill of sale must contain the name, address, and license number of the seller, the date of the sale, the purchaser's name and address, and a description of the wildlife sold, including the number of each species sold.

7.7.m. The Division must be notified in writing within fifteen (15) days after receipt of new wildlife that had not been listed on the permittee's application.

7.7.n. The Division must be notified in writing within fifteen (15) days after disposal or death of any wildlife held at the menagerie.

7.7.o. Accurate and current records must be maintained concerning all wildlife acquisitions and disposals. All records must be either typed or written in plain and legible English and must be maintained for a minimum period of three (3) years.

7.7.p. This permit does not convey the right to trade, barter, sell, or offer to trade, barter, or sell any wildlife. Wildlife acquired under this permit may not be sold or bred without first obtaining a license from the Division under W. Va. Code §20-2-47.

7.7.q. This permit does not authorize the holder to keep mammals that are not native to West Virginia.

7.7.r. The permittee must display his permit in plain view at the entrance to the menagerie.

7.7.s. Cervids cannot be held or displayed under a menagerie permit.

7.8. Commercial Fishing Preserve License. The following terms and conditions will apply for this license.

7.8.a. If a commercial fishing preserve pond or impoundment is supplied by waters diverted from a natural stream, the diverted waters must be adequately screened in order to prevent the movement of fish to or from public waters. The riparian rights of other landowners must not be adversely affected as a result of such a diversion.

7.8.b. All fish to be stocked in a fishing preserve must be either obtained from a commercial dealer licensed by the Division under W. Va. Code §20-2-48 or imported under a permit issued by the Division under W. Va. Code §20-2-12.

7.8.c. If fish are purchased for stocking, the licensee must have in his possession a bill of sale showing that the fish were legally obtained from a licensed commercial dealer. The bill of sale must contain the name, address, and license number of the supplier, the date of the sale, the purchaser's name and address, and a description of the fish sold, including the number and pounds sold for each species.

7.8.d. Accurate and current records pertaining to the acquisition of fish to be stocked at the fishing preserve and the removal of fish from the preserve must be maintained by the licensee. All records must be either typed or written in plain and legible English and must be maintained for a minimum period of three (3) years.

7.8.e. A bill of sale must be given to each person removing fish from the fishing preserve. Each bill of sale must contain the following information:

7.8.e.1. The name and license number of the preserve owner.

7.8.e.2. The address of the fishing preserve.

7.8.e.3. The number and species of fish taken.

7.8.e.4. The date the fish were taken.

7.8.e.5. The name and address of the customer.

7.8.f. The licensee must display his license in plain view at the entrance to the fishing preserve.

7.9. Commercial Shooting Preserve License. The following terms and conditions will apply for this license.

7.9.a. Preserve Size and Boundaries.

7.9.a.1. The commercial shooting preserve must contain a minimum of three hundred (300) acres in one tract of leased or owned land (including water area, if any), except that a preserve confined to the releasing of ducks only may operate with a minimum of fifty (50) contiguous acres (including water area). The shooting preserve may be no larger than three thousand (3,000) contiguous acres (including water area, if any).

7.9.a.2. The exterior boundaries of the shooting preserve shall be clearly defined and posted with signs erected around the extremity at intervals of one hundred fifty (150) yards or less. The signs must have the words "LICENSED SHOOTING PRESERVE" on them and must be signed by the licensee.

7.9.a.3. 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. The fencing must be of sufficient strength and height to prevent the escape of the stocked wildlife.

7.9.a.4. The licensee must display his license in plain view at the entrance to the shooting preserve.

7.9.b. Preserve Wildlife.

7.9.b.1. Native wildlife means game animals and game birds, as defined in W. Va. Code §20-1-2, found in a wild and natural state within the boundaries of the shooting preserve.

7.9.b.2. 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. Cervids are regulated under the Captive Cervid Farming Act, W. Va. Code §19-2H-1 et. seq.

7.9.b.3. Stocked wildlife may include any of the following: game birds (except wild turkey), non-native game birds (such as chukar partridges), rabbits, or the hoofed stock of the families Suidae (boar) and Bovidae (buffalo). Shooting preserves which have cervids must operate the Captive Cervid Farming Act, W. Va. Code §19-2H-1 et. seq.

7.9.b.4. This license does not authorize the holder to capture game animals or game birds from the woods or fields of this State to be used as stock at the shooting preserve.

7.9.b.5. This license does not authorize the holder to breed or raise wild animals or wild birds to be used as stock at the shooting preserve. In order to raise wild animals or wild birds, the licensee must first obtain a game farm license issued by the Division under W. Va. Code §20-2-47.

7.9.b.6. This license does not authorize the holder to import wildlife into this State to be used as stock at the shooting preserve. In order to import wildlife, the licensee must first obtain a wildlife importation permit issued by the Division under W. Va. Code §20-2-12.

7.9.c. Hunting License Requirements.

7.9.c.1. A West Virginia resident must possess a valid Class A or AH license to hunt for small game and a Class BG stamp to hunt additional big game species, or a Class X, Class XJ, Class AHJ, Class A-L, Class AB-L, Class A-L-I or Class AB-L-I license while hunting on the shooting preserve unless he is exempt from licensing requirements under W. Va. Code §§20-2-27, 20-2-28, or 20-2-62.

7.9.c.2. A nonresident must possess a valid Class E, AAH, XXJ or AAHJ license to hunt native wildlife or stocked wildlife on the shooting preserve or a valid Class J shooting preserve license to hunt stocked small game species.

7.9.d. Hunting Seasons and Bag Limits.

7.9.d.1. Native wildlife may be hunted only during the season set therefor and in the manner and numbers authorized by Division rules governing hunting and trapping in West Virginia (58CSR45). There shall be no open season for wild waterfowl.

7.9.d.2. The licensee may establish a liberal hunting season for any species of stocked wildlife. Such season may begin no earlier than September l and end no later than April 30 of the following year. Hunting is prohibited on Sundays except in those counties where Sunday hunting has not been prohibited by local election.

7.9.d.3. Bag limits for each species of stocked wildlife may be set by the licensee provided that the licensee and his guests or customers may recover not more than eighty percent (80%) of the total number of each species of game bird released on the premises each year, except that a one-hundred percent (100%) recovery may be allowed on mallard, black duck, ring-necked pheasant, chukar partridge, and other non-native game species.

7.9.d.4. Except for the required compliance with the restriction on the maximum number of released birds that may be recovered from each preserve each year, the licensee may establish shooting limitations and restrictions on the age, sex, and number of stocked wildlife that each person may take.

7.9.e. Tagging of Harvested Game.

7.9.e.1. All harvested game, including native wildlife, must be tagged prior to being either consumed on the premises or removed therefrom, such tags to remain affixed until the game is actually delivered to the point of consumption.

7.9.e.2. The numbered tagging system approved by the Director must be used by the licensee.

7.9.f. Care of Stocked Wildlife.

7.9.f.1. Wildlife enclosures must meet the minimum requirements set forth below. In addition, all enclosures must be strong enough to both prevent escape of the captive wildlife and protect them from injury. All enclosures must be equipped with a safety barrier which adequately prevents any physical contact between the captive wildlife and visitors or customers. Cages considered unsafe by Division personnel must be repaired or reconstructed as directed within sixty (60) days.

7.9.f.2. Each enclosure must be provided with a shelter that is appropriate for the wildlife held captive. Shelters must contain bedding or nesting material as may be required for the comfort of the wildlife and be constructed in a manner that protects them from inclement weather.

7.9.f.3. Fresh drinking water must be provided daily. Swimming or wading pools must be cleaned as needed to ensure good water quality. Wildlife enclosures must be adequately drained.

7.9.f.4. Food must be wholesome, palatable, free from contamination, and of sufficient quantity and nutritive value to maintain all animals in good health. The diet must be prepared with consideration for age, species, condition, size, and type of animal. Wildlife must be fed at least once a day, except as dictated by hibernation, veterinary treatment, normal fasts, or other professionally-accepted practice.

7.9.f.5. Fecal and food waste must be removed from cages daily and stored or disposed of in a manner which prevents noxious odors or insect pests. Food and water containers must be kept clean. Hay, straw, or other bedding or nesting material must be replaced as needed. All waste must be disposed of in a legal manner.

7.9.f.6. All wildlife must be kept free from parasites, sickness, or disease. If sick, wildlife must be given immediate professional medical attention or be humanely destroyed.

7.9.f.7. Any damage or injury resulting from the escape or dispersal of wildlife held under the authority of this license shall be the sole responsibility of the licensee.

7.9.f.7.A. Wildlife held under the authority of this license which escapes or disperses from the facility and poses no threat to the public or to the State’s wildlife shall become the property of the State.

7.9.f.7.B. Wildlife held under the authority of this license which escapes or disperses from the facility and poses a potential threat to the public safety or to the State’s wildlife may be disposed of by the Division personnel.

7.9.g. Record Keeping.

7.9.g.1. The licensee must maintain accurate and current records of all wildlife purchased for, imported to, or raised at the shooting preserve.

7.9.g.1.A. Records of wildlife purchased for the shooting preserve must include a bill of sale for all wildlife acquired.

7.9.g.1.B. Records of wildlife imported for the shooting preserve must include the importation permit issued by the Division, the date of importation, the number of each species that were imported, and the sex of each animal that is imported.

7.9.g.1.C. Records of wildlife raised at the shooting preserve must include the game farm license issued by the Division, the date of birth and the number born or hatched for each species, and the sex of each animal that is born.

7.9.g.2. The licensee must also maintain accurate and current records of all wildlife releases made at the shooting preserve. Records of wildlife released at the preserve must include the date of release, the number of each species released, and the sex of each animal released.

7.9.g.3. The licensee must also maintain a registration book listing the name, address, and hunting license numbers of each customer or guest, the date on which he hunted, the number and species of game taken, and the number of the tag affixed to each carcass.

7.9.g.4. All records must be either typed or written in plain and legible English and must be maintained by the licensee for a minimum period of three (3) years.

7.9.h. Shooting Preserve Reports.

7.9.h.1. Within ten (10) days of the close of each fiscal year (i.e., by July 10), the licensee must submit a shooting preserve report to the Chief on the form provided by the Division.

7.10. Catch and Sell Bait Fish License. The following terms and conditions will apply to this license.

7.10.a. The licensee must obey Division rules governing the catching and selling of bait fish (58CSR62).

7.11. Permit to hold a field trial, shoot-to-retrieve field trial, water race or wild hunt.

7.11.a. The following terms and conditions will apply to all field trial permits except for a Shoot-to-Retrieve Field Trial Permit.

7.11.a.1. Wildlife may not be taken under this permit.

7.11.a.2. The permit conveys no right to trespass.

7.11.a.3. The permit shall be valid in no more than two (2) counties and for no more than three (3) days.

7.11.a.4. A field trial or a wild hunt may be held on a Sunday; a water race may be held on a Sunday.

7.11.a.5. No person participating in the trial, race, or hunt may have a firearm or bow in his possession.

7.11.a.6. Each person participating must be registered for the trial, race, or hunt. The register must include the name, address, and telephone number of each participant and must be maintained for a minimum period of one (1) year. The register must be posted during the trial, race, or hunt at the address given on the permit application for inspection by Division personnel.

7.11.b. The following terms and conditions will apply for a Shoot-to-Retrieve Field Trial.

7.11.b.1. Only stocked game birds may be pursued and taken during the trial.

7.11.b.2. The permit conveys no right to trespass.

7.11.b.3. The permit shall be valid in one county only and for no more than three (3) days.

7.11.b.4. Sunday hunting is legal in accordance with the provisions of W. Va. Code §20-2-5.

7.11.b.5. Each person participating must be registered for the trial. The register must include the name, address, and telephone number of each participant and must be maintained for a minimum period of one (1) year. The register must be posted during the trial at the address given on the permit application for inspection by Division personnel.

W. Va. Code R. § 58-64-8 Penalties

8.1. The Division may refer violations of the provisions of this rule to the appropriate law enforcement or prosecutor’s office for criminal prosecution.

W. Va. Code R. § 58-64-9 Appeals to the Director

9.1. Any condition set forth in a permit or license may be appealed to the director for reconsideration.

9.1.a. A licensee may submit a written request to the director for an informal hearing to consider the modification of any condition of an issued permit or license. Such request must be submitted to the director within thirty (30) days of the date of permit or license issuance.

9.1.b. The condition being appealed will remain in effect until the director decides to grant the requested modification and so informs the licensee.

9.1.c. If, after considering the licensee's appeal, the director decides not to grant the requested modification, he will issue and furnish to the licensee a written decision, and the reasons therefor, concerning the denial.

APPENDIX A

PERMANENT CAGE/PEN/HOUSING REQUIREMENTS

When wildlife is kept for more than thirty (30) consecutive days at the same location, such wildlife shall be placed in enclosures meeting, at a minimum, the requirements below:

1. Black Bears a. Cage size for one bear 1) 25'L by 12'W by 8'H b. Cage size for pair 1) 30'L by 15'W by 8'H c. Accessories 1) Roofed shelter 2) EXTREMELY DANGEROUS - DO NOT MOLEST signs 2. Buffalo a. Cage size for one animal 1) 5,000 square foot enclosure.

b. Cage size for each additional animal 1) Increase enclosure area by 25% c. Accessories 1) Roofed shelter 2) DANGEROUS - DO NOT MOLEST signs 3. Bobcats a. Cage size for one bobcat 1) 8'L by 4'W by 6'H b. Cage size for each additional animal Add 2'L c. Accessories 1) Roofed shelter 2) 4'L by 14"W by 36"h resting shelf 3) At least two claw logs 4) EXTREMELY DANGEROUS - DO NOT MOLEST signs 4. Foxes a. Cage size for one fox 1) 5'L by 30"W by 30"H 2) 18" above ground level 3) A wire cage bottom with openings of a size which allows droppings, but not the fox's feet, to fall through 4) Cage sizes for ranch fox may conform to acceptable and reasonable industry standards.

b. Accessories 1) 2'L by 30"W by 30"H roofed shelter 2) DANGEROUS - DO NOT MOLEST signs 5. Raccoons a. Cage size for one raccoon 1) 6'L by 5'W by 6'H b. Cage size for two or three raccoons 1) 8'L by 5'W by 6'H c. Cage size for each additional animal 1) Add 2'L d. Accessories 1) Roofed shelter or nest box 2) One resting shelf per animal 3) At least two limbs for climbing 6. Opossum or Skunks a. Cage size for one animal 1) 4'L by 4'W by 6'H b. Cage size for pair 1) 6'L by 4'W by 6'H c. Cage size for each additional animal 1) Add 1'L d. Accessories 1) Roofed shelter or nest box 2) At least three limbs for climbing 7. Woodchucks Cage size for one animal 1) 8'L by 6'W by 4'H Cage size for each additional animal 1) Add 3'L Accessories 1) Roofed shelter or nest box 8. River Otters, Fishers, Minks or Weasels a. Cage size for one pair 1) 10'L by 6'W by 6'H 2) Cage size for ranch mink may conform to acceptable and reasonable industry standards.

b. Cage size for each additional animal 1) Increase cage and pool size by 25% c. Accessories 1) Dry sleeping retreat 2) 6'L by 4'W pool 3'D at one end 3) EXTREMELY DANGEROUS - DO NOT MOLEST signs 9. Beavers and Muskrats a. Cage size for one to three animals 1) 8'L by 4'W by 5'H b. Cage size for each additional animal 1) Add 2'L c. Accessories 1) Roofed shelter or nest box 2) 4'L by 4'W by 24"D pool 3) Two or more gnawing logs 10. Squirrels and Chipmunks a. Cage size for one to two animals 1) 3'L by 2'W by 4'H b. Cage size for each additional animal 1) Add 6"L c. Accessories 1) Nest box 2) At least three limbs for climbing 11. Rabbits and Hares a. Cage size for one animal 1) 6'L by 3'W by 3'H b. Cage size for each additional animal 1) Add 1'L c. Accessories 1) Nest box 2) Gnawing log 12. Grouse, Pheasants, Quail or Doves a. Cage size for one to five birds 1) 100 square foot enclosure with 6'H fence 2) Cage sizes for the propagation and raising of game birds may conform to acceptable and reasonable industry standards.

b. Cage size for each additional bird 1) Increase enclosure area by 20 square feet c. Accessories 1) Dusting area 13. Waterfowl a. Cage size for two pairs or one pair with off-springs of the year 1) 100 square foot area 2) Water area = 25% of total area b. Cage size for each additional bird 1) Increase cage/water area by 20% 14. Other Flying Birds a. Enclosures for flying birds must either be small enough to inhibit flying altogether or large enough to permit aerial maneuvering within the enclosure.

15. Reptiles a. Indoor diorama-type cages 1) Cages must be fronted with one-quarter inch mesh hardware cloth or plate glass of at least one-quarter inch in thickness.

2. Cages may be built of waterproof plywood of at least one-quarter inch in thickness, concrete plastered-over wire, sheet metal, one-quarter inch mesh hardware cloth, or interlocking lumber of at least three-quarter inch in thickness.

3. Cages are to be tightly closed at the top and all doors are to be tight fitting. The doors of all cages must be key-locked.

b. Outdoor cages or pits 1) The floors of outdoor cages or pits must be of concrete or masonry construction that is at least two inches in thickness. Cage sides must be of similar construction and at least six inches in thickness, with a minimum eight of four feet above the floor of the enclosures unless completely roofed over by close-meshed wire. The corners of all open-topped pits must be designed or guarded so as to prevent the escape of reptiles by climbing. Entrance doors must be key-locked.

Enclosures for wildlife not listed above must be approved by the Chief or his authorized representative prior to its construction.

TEMPORARY CAGE/PEN/HOUSING REQUIREMENTS

When wildlife is transported or is kept for less than thirty (30) consecutive days at the same location, such wildlife must be placed in cages meeting, at a minimum, the requirements outlined below:

1. Cage requirements for each animal or bird a. Cage length must be at least double the animal or bird's body length (excluding its tail).

b. Cage width must at least equal body length.

c. Cage height must be at least 1' higher than the animal or bird's head when standing.

2. Cage requirements for each additional animal or bird a. Cage length must be increased by 33%.

3. Animals and birds should be transported in air-conditioned or well-ventilated vehicles that can be adjusted to weather conditions. All animals must be provided with fresh water twice and fed at least once in any twenty-four (24) hour period while in transit.

Wildlife may not be housed for a period of more than thirty (30) consecutive days at the same location in cages meeting these temporary cage requirements.

Series 65 Falconry

W. Va. Code R. § 58-65-1 General Scope and Purpose. -- This legislative rule establishes standards to govern the take, possession, training, and use of raptors for the purpose of hunting in West Virginia

Authority. -- W. Va. Code §20-1-7(31).

1.3. Filing Date. –May 16, 2025.

1.4. Effective Date. – May 19, 2025.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 58-65-2 Definitions

2.1. “Director” means the Director of the West Virginia Division of Natural Resources.

2.2. “Division” means the West Virginia Division of Natural Resources.

2.3. “Eyas” means an immature raptor that is not yet capable of flight.

2.4. “Falconry” means the sport of taking quarry by means of a trained raptor.

2.5. “Hacking” means the temporary release of a raptor held for falconry to the wild to facilitate the bird’s acquisition of necessary hunting skills.

2.6. “Hybrid” means any bird meeting the definition of hybrid in Migratory Bird Permits, 50 C.F.R. §21.6.

2.7. “Imprint” for the purposes of falconry, means a bird that is hand raised in isolation from the sight of other raptors from two weeks of age until it is fledged. An imprint bird remains such for its entire lifetime.

2.8. “Raptor” means a live migratory bird of the Order Falconiformes, Order Accipitriformes, or the Order Strigiformes.

2.9. “Passage” means a first-year raptor that is no longer dependent upon parental care.

W. Va. Code R. § 58-65-3 Permit Requirements

3.1. A West Virginia falconry permit is required before any resident may take, possess, transport, sell, purchase, barter, or offer to sell, purchase, or barter raptors for falconry purposes.

3.2. Applicants shall complete and submit an application on forms provided by the Division.

3.3. Permits are valid from January 1 to December 31 of each year. Permits are renewable but may not be transferred to another person. The Director may deny or revoke permits for cause or for violation of any of the provisions of the permit or this rule.

3.4. Requirements for obtaining a West Virginia Falconry permit.

3.4.1. The applicant must secure a sponsor in accordance with section 5 of this rule.

3.4.2. The applicant must pass the West Virginia falconry examination in accordance section 6 of this rule.

3.4.3. The applicant’s raptor housing facilities and equipment shall be inspected and certified as meeting the standards established in section 7 of this rule by a representative of the Wildlife Resources Section of the Division.

3.5. Permit fees.

3.5.1. An applicant who applies for a permit and does not possess a valid permit issued by the Division in one of the three classes set forth in section 5 of this rule shall pay an initial application permit fee of $250 for any class permit.

3.5.2. The annual renewal fee for any class permit is $100. Lapse in renewal of more than 30 days subjects the applicant to the same $250 fee as an initial applicant.

3.5.3. An applicant possessing a valid permit issued by the Division in any of the classes set forth in section 5 of this rule and who applies for a permit in an additional class shall pay the $100 renewal fee only.

3.6. A West Virginia falconry permit that lapses for fewer than five years may be reinstated in the class last held by the permittee only if the permittee provides proof of previous licensure in that class and pays the initial application permit fee.

3.7. A West Virginia falconry permit lapsed for five years or longer shall not be reinstated.

3.8. A permittee must carry a copy of his or her permit while engaging in any falconry activity.

3.9. Nonresidents.

3.9.1. A falconer who holds a valid falconry permit from another state and moves permanently to West Virginia shall notify the Division and the falconry regulatory agency of their former state within 30 days of the permanent move to West Virginia. He or she must obtain a West Virginia falconry permit within 90 days of the permanent move to West Virginia.

3.9.2. A falconer moving to West Virginia from another state may continue to practice falconry under a valid falconry permit issued by his or her former state until a West Virginia falconry permit is obtained.

3.9.3. A falconer holding a valid permit from another state who moves to West Virginia may request a waiver of the falconry examination permit requirement by providing documentation of successful completion of a similar examination in his or her home state. The applicant remains subject to the equipment and facilities inspection by the Division and must meet the requirements established in section 7 of this rule.

3.9.4. A non-resident falconer shall carry on his or her person, a valid falconry permit from his or her home state and a valid West Virginia nonresident hunting license in lieu of an importation permit to practice falconry in West Virginia.

W. Va. Code R. § 58-65-4 Hunting

4.1. In addition to a falconry permit, a permittee shall possess a valid hunting license and any other applicable stamps or licenses required by law.

4.1.1. A Federal waterfowl stamp is required to hunt waterfowl and a WV HIP registration is required to hunt any migratory game birds.

4.2. Falconers may only hunt during seasons established by the Natural Resources Commission and published by the Director.

4.3. Falconers shall abide by all bag limits established by the Natural Resources Commission and published annually by the Director.

4.4. Permittees shall take every reasonable precaution to avoid the accidental take of any non-game, out-of-season, or threatened or endangered animal or bird while engaging in training, conditioning and hunting activities. Any non-game or out-of-season game animal or bird killed by a falconry bird, without the intent of the falconer, shall be left at the site of the kill and the raptor may be allowed to feed on the carcass. The permittee shall report any unintended take of a threatened or endangered bird or animal to the appropriate Division of Natural Resources District Law Enforcement Office and the U.S. Fish and Wildlife Service’s WV Ecological Services Field Office within 48 hours of the kill.

4.5. A permittee may use a falconry bird to take any bird species at any time for which there is a depredation order in accordance with Migratory Bird Permits, Control of Depredating and Otherwise Injurious Birds 50 C.F.R Part 21 Subpart D. The permittee may not receive any compensation for depredation activities.

W. Va. Code R. § 58-65-5 Classes of Permits

5.1. Apprentice Class.

5.1.1. An applicant for an apprentice class permit must be at least 12 years old.

5.1.2. If the applicant is under 18 years of age, a parent or legal guardian must sign the application and is legally responsible for the applicant’s activities.

5.1.3. An applicant must have a sponsor who meets the requirements of subsection 5.1.3.a for the first two years in which an apprentice permit is held, regardless of the age of the permittee.

5.1.3.a. A sponsor must be at least 18 years of age, hold a valid West Virginia General or Master Falconry Permit, or a valid General or Master Falconry Permit from another state meeting Federal falconry standards and have no less than two years of experience at the General Falconer level. A sponsor may not have more than three apprentices at any one time.

5.1.3.b. The applicant shall submit an application signed by the sponsor affirming he or she will instruct the applicant in proper husbandry, training, and hunting of raptors held for falconry.

5.1.4. A permittee may not possess more than one raptor and may not obtain more than one raptor for replacement during any 12-month period.

5.1.5. A permittee may possess only an American kestrel (Falco sparverius) or a red-tailed hawk (Buteo jamaicensis), which must be taken from the wild by the applicant or in the applicant’s immediate presence.

5.1.6. A permittee may not possess an eyas or imprint.

5.2. General Class.

5.2.1. An applicant for a permit must be at least 16 years old.

5.2.2. If the applicant is under 18 years of age, a parent or legal guardian must sign the application and is legally responsible for the applicant’s activities.

5.2.3. An applicant shall have at least two years of experience at the Apprentice Falconer level.

5.2.3.a. An applicant may not substitute any falconry school program or education for the required two-year apprenticeship period.

5.2.4. An applicant shall submit a signed letter from the applicant’s sponsor stating the applicant has practiced falconry at the apprentice level for no less than two years and has maintained, trained, flown, and hunted with raptors for an average of six months and a minimum of four months each year.

5.2.5. A permittee may not possess more than two raptors and may not obtain more than two raptors for replacement birds during any 12-month period.

5.2.6. A permittee may not take, transport, or possess any species of eagle or any species listed as threatened or endangered in accordance with Endangered and threatened wildlife, 50 C.F.R §17.11.

5.2.7. A permittee may possess and use captive-bred, imprinted, eyas, and hybridized raptors for falconry.

5.3. Master Class.

5.3.1. An applicant for a permit must have at least five years of experience in the practice of falconry at the General Falconer level.

5.3.2. A permittee may not possess more than five wild raptors and may not obtain more than two raptors for replacement birds during any 12-month period.

5.3.3. A permittee may possess up to five additional captive-bred raptors that must be trained in the pursuit of wild game and used for hunting.

5.3.4. A permittee may possess and use captive-bred, imprinted, eyas and hybrid raptors for falconry.

5.3.5. A permittee may possess any species of Falconiform, Accipitriform, or Strigiform except a bald eagle.

5.3.5.a. If the permittee meets the qualifications and requirements for eagle possession established in section 12 of this rule, a permittee may possess up to two eagles of the following species which will count against the possession limit of the permittee: golden eagles (Aquila chrysaetos), white-tailed eagles (Haliaeetus albicilla), or Steller’s sea-eagles (Haliaeetus pelagicus).

5.3.5.b. A permittee who holds a valid federal Endangered Species permit may take from the wild one bird per year of a species that is listed as threatened in accordance with Endangered and threatened wildlife, 50 C.F.R §17.11. The permittee shall abide by all qualifications and restrictions of the state or territory in which the threatened bird is to be taken.

5.3.5.c. A permittee may possess a captive-bred raptor of a species that is listed as threatened or endangered under Endangered and threatened wildlife, 50 C.F.R. §17.11.

W. Va. Code R. § 58-65-6 Examination

6.1. An applicant for a falconry permit shall take a supervised examination relative to basic biology, care and handling of raptors, literature, laws, rules, regulations and other appropriate subject matter. The applicant must answer correctly at least 80 percent of the questions on an examination provided and administered by the Division before the Division shall issue a falconry permit.

W. Va. Code R. § 58-65-7 Facilities and Equipment. 7.1 The primary consideration for raptor housing facilities, whether indoor (mews or residence provision) or outdoor (weathering area), is protection from the environment, predators, domestic animals, and undue disturbance. The applicant shall have the following facilities, except that depending on climatic conditions or specific considerations for the species of raptor being housed, only one facility shall be necessary provided that one facility fulfills the housing requirements established in this section

7.1.1. Indoor facilities (mews).

7.1.1.a. Indoor facilities shall be large enough to allow easy access through a secure door for the care and feeding of the raptors kept in the facility.

7.1.1.b. More than one raptor may be kept untethered in the facility provided they are compatible and will not cause injury or harm to one another.

7.1.1.c. Each raptor housed in the facility shall have an area large enough to allow it to fly or, if tethered, fully extend its wings and bate (attempt to fly while tethered) without damaging its feathers or contacting other raptors.

7.1.1.d. The facility shall have at least one opening for sunlight protected on the inside by materials suitable to prevent injury to the raptor during any attempt to exit through the opening. Any walls that are not solid shall be similarly protected.

7.1.1.e. Each raptor housed in the facility shall have access to an adequate perch and a bath container of clean water.

7.1.1.f. The floor of the facility shall permit easy cleaning and shall be well drained.

7.1.1.g. Raptors may be kept in a residence provided that the residence meets or exceeds the provisions in this subsection, except that all raptors housed in this manner must be tethered and windows or other openings do not have to be covered.

7.1.2. Outdoor facilities (weathering area).

7.1.2.a. Outdoor facilities shall be surrounded by a fence or fully enclosed by a material suitable to protect the birds from disturbance or attack by predators, except that perches more than six and one-half feet high need not be fenced or enclosed.

7.1.2.b. The facility shall be large enough to ensure the birds cannot strike the enclosure when flying from the perch.

7.1.2.c. Raptors housed in the facility shall have access to a suitable perch, sufficiently covered, in whole or in part, to protect the raptor from excessive sun, wind, and inclement weather in addition to a bath container of clean water.

7.1.2.d. A raptor may be perched unenclosed and uncovered on a perch of any height, if under the direct supervision of the permittee or an individual designated by the permittee.

7.1.3. The Division may permit, at its discretion, new innovative types of facilities, either indoor or outdoor, as they become known to the art provided those facilities fulfill the housing requirements established in this section.

7.2. All applicants must possess the following equipment before a permit will be issued:

7.2.1. At least one pair of Alymeri jesses, or jesses of similar type, constructed of pliable, high quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when they are not being flown;

7.2.2. At least one flexible, weather resistant leash and one strong swivel of an accepted falconry design;

7.2.3. A reliable scale or balance suitable for weighing raptors graduated to at least one-half ounce (15 gram) increments;

7.2.4. One suitable bath container, two to six inches deep and wider than the length of the raptor, for each raptor;

7.2.5. At least one weathering area perch of an acceptable design for each raptor.

7.3. All permittees shall maintain all facilities and equipment to meet or exceed the standards described in this rule at all times.

7.4. A permittee shall notify the Division in writing of any change in location or substantial modification of the facility within five business days.

7.5. Falconry facilities do not need to be constructed at the permittee’s residence or in its immediate proximity, provided that the permittee has convenient daily access to adequately care for and maintain the raptors housed in the facility. The owner of the property shall provide the Division with a signed and dated statement authorizing the Division to inspect the facilities.

7.6. The Division may inspect falconry birds, facilities, equipment, and records, without advance notice, during regular business hours, but only in the presence of the permittee.

7.7. Transportation and Temporary Holding.

7.7.1. A raptor possessed under authority of a West Virginia falconry permit may be temporarily held by a person other than the permittee, if the raptor is accompanied at all times by the properly completed Federal Fish and Wildlife Permit Application form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record and by a signed, dated statement from the permittee authorizing the temporary possession. The statement must describe the term of the temporary care and, if applicable, the activities for which the temporary holder may use the raptor.

7.7.1.a. A temporary caregiver authorized to possess raptors may provide care for up to 120 consecutive days. The raptors may be held at either the permittee’s facilities or those of the temporary caregiver. The raptors will not count against the possession limit of the temporary caregiver. The temporary caregiver may use the birds for falconry or other activities if specifically authorized to do so in writing by the permittee and the temporary caregiver holds an appropriate level falconry permit.

7.7.1.b. A temporary caregiver not authorized to possess raptors may provide care for up to 45 consecutive days only at the facilities of the permittee and may not fly the birds for any reason.

7.7.1.c. The authorized term for temporary holding may be extended, at the discretion of the Division, due to extenuating circumstances including, but not limited to, illness, military service or family emergency.

7.7.2. Raptors may be held in a temporary facility for up to 120 consecutive days if the temporary facility is equipped with a suitable perch and is protected from predators, domestic animals, extreme temperature or weather conditions and excessive disturbance.

7.7.3. A permittee must obtain any necessary permits or licenses from the destination state before raptors legally held under a valid West Virginia falconry permit may be transported to other states for meets, trials or hunting.

W. Va. Code R. § 58-65-8 Nonresident and Temporary Resident Falconry

8.1. A nonresident falconer shall possess a valid falconry permit from another sate that meets Federal falconry standards to participate in falconry activities in West Virginia.

8.2. Nonresident falconers shall possess appropriate nonresident hunting licenses to hunt with a raptor in West Virginia.

8.3. A falconer with a valid falconry permit from another state who temporarily resides in West Virginia for 120 days or longer must obtain a West Virginia falconry permit.

8.3.1. The holder of a valid falconry permit from another state who applies for a West Virginia falconry permit is not required to take the West Virginia falconry examination, but is subject to all facility, equipment and inspection requirements of this rule.

8.3.2. Upon payment of the initial application fee by the applicant and the certification of his or her facilities and equipment, the Division shall issue the applicant a permit in the same class held by the applicant in another state provided the applicant provides proof of licensure or permit at that class.

8.4. A legal immigrant to the United States, with falconry experience in another country, who assumes residency in West Virginia and wishes to practice falconry shall follow all the standard application procedures established in this rule. The Division may issue a permit in a class consistent with the applicant’s documented experience in his or her country of origin.

8.5. A nonresident licensed falconer may transport lawfully possessed raptors through West Virginia.

8.6. The Division may allow a nonresident falconer to take raptors from the wild in West Virginia, if the falconer’s home state allows reciprocal nonresident taking of raptors. Nonresident taking of raptors, if allowed, is subject to the provisions of section 11 of this rule.

W. Va. Code R. § 58-65-9 Reporting

9.1. A permittee shall complete and submit a Federal Fish and Wildlife Permit Application form 3-186A (Migratory Bird Acquisition/Disposition Report) electronically at http://permits.fws.gov/186A and in paper form to the Division, in accordance with the instruction on the form, within 10 days of any acquisition (take, purchase, transfer, barter, receive), loss (sell, transfer, barter, death, lose) or change in status (reband, microchip).

9.1.1. A permittee has 30 days to recover a raptor lost to the wild. The loss must be reported within five days of the termination of the 30-day reclamation period if the raptor is not recaptured.

9.1.2. A permittee shall report the theft of any raptor to the Division and to the U.S. Fish and Wildlife Service Regional Law Enforcement office within 10 days of the theft.

9.2. A permittee may not possess any raptor unless he or she has a properly completed and filed Federal Fish and Wildlife Permit Application form 3-186A (Migratory Bird Acquisition/Disposition Report) for each bird possessed.

9.3. A permittee shall keep copies of all electronic Federal Fish and Wildlife Permit Application form 3-186A (Migratory Bird Acquisition/Disposition Report) submissions for five years after the loss, transfer or death of the raptor.

W. Va. Code R. § 58-65-10 Marking

10.1. Northern goshawks (Accipiter gentilis), Harris’s hawks (Parabuteo unicinctus), Peregrine falcons (Falco peregrines) and Gyrfalcons (Falco rusticolus) taken, possessed, transported or used for falconry purposes shall be marked according to the following guidelines:

10.1.1. For captive-bred raptors, a seamless, numbered leg band issued by the U.S. Fish and Wildlife Service must be attached to the raptor.

10.1.2. For raptors originating from the wild, a U.S. Fish and Wildlife Service permanent, non-reusable numbered leg band issued by the Division must be attached to the raptor. A raptor taken from the wild may not be banded with a seamless numbered leg band.

10.1.3. For both captive-bred raptors and raptors originating from the wild, an ISO (International Organization for Standardization)-compliant (134.2 kHz) microchip may be implanted in addition to the leg band.

10.2. A permittee must report the loss or removal of any band within five days by filing a Federal Fish and Wildlife Permit Application form 3-186A (Migratory Bird Acquisition/Disposition Report) either electronically or in paper form. Lost bands must be replaced by a permanent, non-reusable numbered band supplied by the Division. Upon remarking the raptor, the permittee shall immediately complete and submit a Federal Fish and Wildlife Permit Application form 3-186A (Migratory Bird Acquisition/Disposition Report) either electronically or on paper reporting the new band.

10.3. The alteration, counterfeiting, or defacing of a marker is prohibited, except that a permittee may remove the rear tab on markers and may smooth an imperfect surface provided the integrity of the marker and nomenclature are not affected.

10.4. If a band causes documented harm or injury to a raptor, the permittee may remove the band and be exempted from future re-banding at the discretion, and with the written permission, of the Division. If a band must be removed from a wild-taken goshawk, Harris’s hawk, peregrine falcon or gyrfalcon it must be replaced by an ISO-compliance (134.2 kHz) microchip supplied by the U.S. Fish and Wildlife Service through the Division.

10.5. A permittee shall remove and surrender to the Division any markers from an intentionally wild caught raptor which is indigenous to the state. A standard Federal band provided by the U.S.G.S. Bird Banding Lab may be attached to the bird prior to release, provided the falconer holds a federal bird banding permit issued by the U.S.G.S. Bird Banding Lab.

10.6. Non-indigenous, captive-bred, or hybrid raptors may not be released to the wild in West Virginia.

W. Va. Code R. § 58-65-11 Take/Trapping of Raptors

11.1. A permittee shall notify the District Wildlife Biologist and District Law Enforcement Captain of the Division of his or her capture plans at least three days before initiating any trapping activity. The notification shall include the location of the trapping, a description of the trapping or capture methods and documentation that the permittee has permission from the landowner, including public lands. Furthermore, if the permittee is trapping and or acquiring the raptor from out-of-state, an importation permit as prescribed in W.Va. Code §20-2-13 will be required.

11.2. Resident Apprentice Falconers may take only an American kestrel (Falco sparverius) or a red-tailed hawk (Buteo jamaicensis) from the wild in West Virginia.

11.3. Resident General or Master Falconers may take from the wild any species of Falconiform, Accipitriform or Strigiform in West Virginia except: eagles; peregrine falcon except by special permit; Northern harrier (Circus hudsonius); northern goshawk; American rough-legged hawk (Buteo lagopus); barn owl (Tyto alba); long-eared owl (Asio otus); short-eared owl (Asio flammeus); northern saw-whet owl (Aegolius acadicus); merlin (Falco columbarius) eyases; sharp-shinned hawk (Accipiter striatus) eyases.

11.4. Species cited as threatened or endangered under Endangered and threatened wildlife, 50 C.F.R. §17.11 may not be taken in West Virginia, unless the permittee holds a valid Federal endangered species permit.

11.5. If a permittee captures a raptor he or she is not allowed to possess, it must be released immediately.

11.6. Permittees, regardless of class, may not take more than two raptors from the wild in any calendar year.

11.7. Immature raptors which are not yet capable of flight (eyases) may be taken from May 1 to July 31 only by a general or master falconer. At least one young must be left in the nest or aerie from which the take occurs.

11.8. First year (passage) birds may be taken from September 1 to January 31.

11.9. Only American kestrels (Falco sparverius) and great-horned owls (Bubo virginianus) may be taken from the wild when over one year of age.

11.10. An individual, other than a permittee, may take a raptor from the wild for a permittee if the permittee is present and supervises the capture. The permittee is considered the person responsible for the take and reporting thereof.

11.10.1. A physically impaired permittee may retain a general or master permittee to take a bird from the wild for him or her. Even if not present during the capture, the impaired permittee is the person considered responsible for the take and the reporting thereof.

11.11. Recapture of lost raptors.

11.11.1. A permittee may recapture a raptor that he or she has lost at any time.

11.11.2. A permittee may recapture any raptor marked or equipped for falconry or any captive-bred raptor at any time, even if the permittee is otherwise prohibited from possessing that species.

11.11.2.a. The recaptured raptor will not count against the possession limit of the permittee.

11.11.2.b. The permittee shall notify the Division within 10 days of the recapture.

11.11.2.c. The permittee shall make every effort to return the bird to the possessor of record, if that person is legally allowed to possess that raptor. If the possessor of record cannot be located or is not legally allowed to possess the raptor, the Division shall determine the disposition of the raptor.

11.12. A permittee may not take any raptor banded with a standard Federal migratory bird band, other auxiliary research marker or a transmitter.

11.12.1. A raptor with a standard Federal migratory bird band or auxiliary marker must be released immediately and the permittee shall promptly report the band number and all other relevant information to the Division and to the Federal Bird Banding Laboratory at www.reportband.gov.

11.12.2. A permittee may hold a raptor captured with a transmitter for up to 30 days in order to contact the researcher to determine if he or she wishes to replace the transmitter or its batteries or remove the transmitter. The permittee must notify the Division within five business days of the capture. Disposition of the raptor will be at the discretion of the Division and the researcher. This temporary possession does not count against the take or possession limit of the permittee.

11.13. A permittee may acquire a raptor of any species the permittee is allowed to possess by this rule, regardless of the age of the raptor, directly from a permitted rehabilitator. The bird will be considered as taken from the wild and counts against the take and possession limits of the permittee.

11.14. A permittee who accidentally injures a raptor while trapping is responsible for all costs related to the care and rehabilitation of the raptor by a veterinarian or permitted wildlife rehabilitation center.

11.14.1. A permittee who does not opt to put the injured raptor on his or her permit shall immediately transport the bird to the Division or a licensed rehabilitation center for care. If the permittee does so, the raptor does not count against his or her take or possession limit.

11.15. Any raptor removed from the wild is always considered wild for the purposes of this rule, regardless of how long it has been held in captivity or whether it is transferred to another permit. However, it is considered to be taken from the wild only by the permittee who originally captured it and does not count against the wild take limit of the permittee to whom it is transferred.

W. Va. Code R. § 58-65-12 Use of eagles in falconry

12.1. Only master falconers may possess eagles for use in falconry.

12.2. Master falconers may possess or transport up to two eagles of the following species: golden eagles (Aquila chrysaetos), white-tailed eagles (Haliaeetus albicilla), or Steller’s sea-eagles (Haliaeetus pelagicus), subject to the requirements of this section and Eagle Permits, Permits for Falconry Purposes 50 C.F.R. §22.70. Any eagles held for falconry count against the possession limit of the permittee.

12.3. Before a permittee may possess an eagle for use in falconry he or she shall document and submit the following information to the Division:

12.3.1. The permittee’s experience in handling large raptors, including information about the species he or she has handled and the type and duration of the activity in which he or she has gained experience; and

12.3.2. At least two letters of reference from persons with experience handling and or flying large raptors. Each letter shall contain a concise history of the author’s experience with large raptors, which can include, but is not limited to, handling large raptors held by zoos, the rehabilitation of large raptors or participation in scientific studies involving large raptors. Each letter shall also assess the permittee’s ability to care for and fly large raptors for falconry.

W. Va. Code R. § 58-65-13 Related activities and permits

13.1. General or master falconers may hack raptors in West Virginia, except that a raptor may not be hacked near the nesting area of any Federally listed threatened or endangered species, or in any location where a hacked raptor is likely to take, harm or otherwise disturb a threatened or endangered species.

13.1.1. The permittee shall obtain written approval from the Division of any hack location prior to hacking.

13.1.2. Any raptor that a permittee hacks must be a species that the permittee is allowed to possess by this rule and counts against his or her possession limit.

13.1.3. Any hybrid raptor that is hacked must have two functioning radio transmitters attached during any hacking period.

13.2. Falconry birds may be transferred to other related permits in accordance with Federal falconry regulations Migratory Bird Permits, Falconry standards and Falconry permitting, 50 C.F.R §21.82.

13.3. Falconry birds may be used for captive propagation only in accordance with Federal falconry regulations Migratory Bird Permits, Falconry standards and Falconry permitting, 50 C.F.R §21.82.

13.4. Falconry permittees may use birds possessed for falconry purposes in conservation education programs presented in public venues subject to the terms and conditions of the Federal falconry regulations Migratory Bird Permits, Falconry standards and Falconry permitting, 50 C.F.R §21.82.

13.5. Falconry permittees may conduct abatement activities with a falconry birds only in accordance with Federal falconry rules Migratory Bird Permits, Falconry standards and Falconry permitting, 50 C.F.R §21.82.

13.6. Feathers that are molted or feathers from falconry birds that die in captivity may be retained and or exchanged for imping purposes only in accordance with Federal falconry rules Migratory Bird Permits, Falconry standards and Falconry permitting, 50 C.F.R §21.82.

13.7. A permittee shall dispose of falconry birds that die in accordance with Federal falconry rules Migratory Bird Permits, Falconry standards and Falconry permitting, 50 C.F.R §21.82.

W. Va. Code R. § 58-65-14 Other provisions

14.1. Hybrid, non-indigenous, or captive-bred raptors may not be permanently released in West Virginia.

14.2. Radio Transmitters.

14.2.1. Hybrid raptors shall have two working radio transmitters attached when flown free.

14.2.2. Non-indigenous raptors shall have at least one working radio transmitter attached when flown free.

14.3. A permittee may use other accepted falconry practices, such as but not limited to, the use of creance (tethered) flying, lures, balloons or kites in training or conditioning falconry raptors.

14.4. A permittee may fly falconry birds at unprotected species or at pen raised animals at any time.

14.5. The surviving spouse, executor, administrator or other legal representative of a deceased falconry permittee may transfer any birds held by the permittee to another permittee within 90 days of the permittee’s death. After 90 days, the Division has discretion over the disposition of the birds.

W. Va. Code R. § 58-65-15 Permit Revocation

15.1. The Director may revoke a falconry permit under the authority granted by West Virginia Code §20-2-38. The Director shall notify the permittee by certified mail of the specific reasons for the revocation.

15.2. Permits may be revoked for cause, including but not limited to: improper care for a raptor; a raptor becomes a public nuisance; any violation of Federal falconry rules Migratory Bird Permits, Falconry standards and Falconry permitting, 50 C.F.R §21.82; any violation of this rule; or any violation of West Virginia game laws or regulations.

Series 66 Fertility Control Of Free Roaming Wildlife

W. Va. Code R. § 58-66-1 General

1.1. Scope. -- The purpose of this rule is to establish standards governing the use of fertility control or contraceptive compounds on free roaming or noncaptive wildlife within the boundaries of this State.

1.2. Authority. -- W. Va. Code '20-1-5d..

1.3. Filing Date. -- May 7, 1997.

1.4. Effective Date. -- May 7, 1997.

W. Va. Code R. § 58-66-2 Definitions

2.1. All terms have the meaning prescribed to them in the Division of Natural Resources rule, Regulations Defining The Terms To Be Used Concerning All Hunting and Trapping Regulations (58 C.S.R. 46).

2.2. Contraceptive compounds are any biological substances, animal tissues, drugs, vaccines, steroids, or other chemicals that, when administered to individuals within a target species= population, produce a state of infertility or prevent the production of progeny, either temporarily or permanently.

W. Va. Code R. § 58-66-3 General Application Requirements

3.1. A person may not use fertility control or contraceptive compounds without a permit issued by the Division. The Division may only issue permits to federal, state, or local government agencies, universities, or colleges, or their agents.

3.2. An applicant shall submit a written application requesting a permit prior to the planned application of the contraceptive treatment. The application must be accompanied by a proposed management plan or research proposal that:

3.2.1. Includes the objectives of the management or research project, including population objectives for management projects;

3.2.2. Is approved by the landowner or land manager responsible for the site;

3.2.3. For research proposals, is approved by the federal, state, or local government agency, university, or college responsible for the actions of the research investigator;

3.2.4. Includes an assessment of the anticipated effect of the contraceptive treatment on each target species= population at each site and on individual animals within each target population;

3.2.5. Documents potential impacts to non-target wild animal populations;

3.2.6. Documents potential threats to human health and safety;

3.2.7. Includes a description of all planned or completed management actions and an evaluation of the costs, efficiency, effectiveness, and safety of alternative methods for managing each target species= population on each site;

3.2.8. Includes a plan for monitoring short- and long- term effects of the contraceptive treatments on treated individual wild animals and each target species= population on each site;

3.2.9. Includes a certification that the contraceptive compound is approved by the federal Food and Drug Agency or a copy of a federal Food and Drug Agency AInvestigative New Animal Drug@ permit; and

3.2.10. Includes the name, address and phone number of the contraceptive compound=s manufacturer; the generic name of the contraceptive compound and its chemical/biological composition.

3.3. The Director may request additional information if needed to determine the applicant=s qualifications or to evaluate the proposed management plan or research proposal.

W. Va. Code R. § 58-66-4 Chemical Registration/Licensing

4.1. Contraceptive compounds used in the State must have all required federal and state licensing, registration, or approvals for use on each wild animal species for each site requested.

W. Va. Code R. § 58-66-5 Permit Conditions

5.1. As conditions of the permit, the Director will specify authorized contraceptives, treatment methods, application devices and equipment, individual and population monitoring requirements, reporting requirements, and other applicable restrictions.

W. Va. Code R. § 58-66-6 Public Notice

6.1. The Director may require a 30 day public notice and comment period on any application for the use of contraceptives in free roaming wildlife within the boundaries of West Virginia.

58CSR66

Series 67 Lifetime Hunting, Trapping and Fishing Licenses

W. Va. Code R. § 58-67-1 General

1.1. Scope and Purpose. -- This legislative rule establishes fees and the method for determining fees of lifetime hunting and fishing licenses for West Virginia residents and non-residents.

1.2. Authority. -- W. Va. Code §20-2B-7.

1.3. Filing Date. -- April 19, 2024.

1.4. Effective Date. – April 19, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

W. Va. Code R. § 58-67-2 Definitions

2.1. “Division” means the West Virginia Division of Natural Resources.

2.2. All other terms shall have the meaning prescribed in W. Va. Code §20-1-2.

W. Va. Code R. § 58-67-3 Resident Lifetime Hunting, Trapping and Fishing License Requirements

3.1. Applicants must be residents of the state of West Virginia to be eligible for a resident lifetime license.

3.2. A parent or legal guardian submitting an application for a child who has not reached his or her 15th birthday shall provide proof of a certified birth certificate or other notarized record of birth. A parent or legal guardian submitting an application for an adopted child or foster child who has not reached his or her 15th birthday shall also provide proof of a certified copy of the order or decree of adoption or placement into foster care.

3.3. A child’s parent or legal guardian shall sign an application for a child and provide proof of his or her own West Virginia driver’s license number or a West Virginia Division of Motor Vehicles nondriver identification card number.

3.3.1. Parents of foster children submitting an application for a child who has not reached his or her 15th birthday must have the application signed and notarized by the case worker and Multidisciplinary Team of the foster child.

3.3.2. A child’s parent or legal guardian who is a member of the Armed Forces and meets the definition of resident pursuant to W. Va. Code §20-1-2 et seq., may make application for a resident lifetime license for their child who has not reached his or her 18th birthday.

3.4. Applications received by the Division or are postmarked on or after the child’s 15th birthday will not be processed for a child’s discounted lifetime license.

3.5. If applying for a lifetime license that includes hunting privileges, each license applicant born on or after January 1, 1975, must present proof of successful completion of an approved Hunter Education course at the time of application for the license if they have successfully completed the course at that time.

3.6. Any person holding a lifetime hunting license who does not hold proof of successful completion of an approved Hunter Education Course must obtain a certificate of training as provided for in W. Va. Code §20-2-30a before hunting or trapping unaccompanied by a licensed adult pursuant to W. Va. Code §20-2-27.

W. Va. Code R. § 58-67-4 Fees for Resident Lifetime Hunting, Trapping and Fishing Licenses

4.1. In accordance with the provisions of W.Va. Code §20-2B-7, the fees for resident lifetime licenses are 23 times the fee for the equivalent resident annual licenses or stamps.

4.1.1. The fee for a Class A-L resident lifetime hunting and trapping licenses is $782.

4.1.2. The fee for a Class AB-L resident lifetime hunting, trapping and fishing license is $805.

4.1.3. The fee for a Class B-L resident lifetime fishing license is $552.

4.1.4. The fee for a Class O-L resident lifetime trout license is $230.

4.2. In accordance with the provisions of W. Va. Code §20-2B-7, the fees for lifetime licenses for residents who have not reached his or her 15th birthday are:

4.2.1. Forty percent of the adult fee for any resident who has not reached his or her first birthday.

4.2.2. Fifty-five percent of the adult fee for any resident who is over one year old but has not reached his or her fifth birthday.

4.2.3. Seventy-five percent of the adult fee for any resident who is over five years old but has not reached his or her 10th birthday.

4.2.4. Ninety percent of the adult fee for any resident who is over 10 years old but has not reached his or her 15th birthday.

W. Va. Code R. § 58-67-5 Non-Resident Lifetime Hunting, Trapping and Fishing License Requirements

5.1. Applicants must be non-residents of the state of West Virginia to be eligible for a non-resident lifetime license.

5.2. A parent or legal guardian submitting an application for a child who has not reached his or her 15th birthday shall provide proof of a certified birth certificate or other notarized record of birth.

5.3. Applications received by the Division or are postmarked on or after the child’s 15th birthday will not be processed for a child’s discounted lifetime license.

5.4. If applying for a lifetime license that includes hunting privileges, each license applicant born on or after January 1, 1975, must present proof of successful completion of an approved Hunter Education course at the time of application for the license if they have successfully completed the course at that time.

5.5. Any person holding a lifetime hunting license who does not hold proof of successful completion of an approved Hunter Education Course must obtain a certificate of training as provided for in W. Va. Code §20-2-30a before hunting or trapping unaccompanied by a licensed adult pursuant to W. Va. Code §20-2-27.

W. Va. Code R. § 58-67-6 Fees for Non-Resident Lifetime Hunting, Trapping and Fishing Licenses

6.1. In accordance with the provisions of W.Va. Code §20-2B-7, the fees for non-resident lifetime licenses are 23 times the fee for the equivalent non-resident annual licenses or stamps.

6.1.1. The fee for a Class E-L non-resident lifetime hunting and trapping licenses is $3,036.

6.1.2. The fee for a Class EE-L non-resident lifetime bear hunting license is $4,255.

6.1.3. The fee for a Class F-L non-resident lifetime fishing license is $1,150.

6.1.4. The fee for a Class OO-L non-resident lifetime trout license is $368.

6.1.5. The fee for a Class UU-L non-resident lifetime archery hunting license is $736.

6.1.6. The fee for a Class VV-L non-resident lifetime muzzleloader license is $736.

6.1.7. The fee for a Class WW-L non-resident lifetime turkey hunting license is $736.

6.1.8. The fee for a Class I-L non-resident National Forest Stamp is $46.

6.2. In accordance with the provisions of W. Va. Code §20-2B-7, the fees for lifetime licenses for non-residents who have not reached his or her 15th birthday are:

6.2.1. Forty percent of the adult fee for any non-resident who has not reached his or her first birthday.

6.2.2. Fifty-five percent of the adult fee for any non-resident who is over one year old but has not reached his or her fifth birthday.

6.2.3. Seventy-five percent of the adult fee for any non-resident who is over five years old but has not reached his or her 10th birthday.

6.2.4. Ninety percent of the adult fee for any non-resident who is over 10 years old but has not reached his or her 15th birthday.

W. Va. Code R. § 58-67-7 Fees for Issuing Duplicate Lifetime Hunting, Trapping and Fishing Licenses

7.1. Upon verification that an individual is a valid lifetime licensee, the Division shall issue a duplicate lifetime hunting, trapping, and fishing license to replace any lost, destroyed, or damaged lifetime hunting, fishing or trapping license.

7.2. The fee for issuing a duplicate lifetime hunting, trapping, or fishing license card is six dollars.

58CSR67

58CSR67

Series 68 Issuance Of Hunting, Trapping And Fishing Licenses By Telephone And Other Electronic Methods

W. Va. Code R. § 58-68-1 General

1.1. Scope and Purpose. -- This legislative rule establishes issuing fees and the method for selling West Virginia hunting, trapping and fishing licenses by telephone and by other electronic methods.

1.2. Authority. -- W. Va. Code '20-2-33.

1.3. Filing Date. -- April 5, 2002.

1.4. Effective Date. -- July 1, 2002.

W. Va. Code R. § 58-68-2 Definitions

2.1. AElectronic license@ - means a hunting, trapping and fishing license facsimile prescribed in form, size and content by the director.

2.2. AIssuing fee@ - means the fee paid to the license agent by the license purchaser at the time a transaction is effected.

2.3. APoint-of-sale license@ - means an electronic license issued by a license agent at the site of their business and authorized by the director as prescribed in W. Va. Code '20-2-33.

2.4. ATransaction@ - means one electronic purchase of any number of licenses for one license holder at one time. The purchase of a duplicate license qualifies as a transaction.

W. Va. Code R. § 58-68-3 Licenses Sold by Telephone Transaction

3.1. Except as otherwise provided by law, a purchaser of a license issued by telephone transaction shall carry the license as described in W. Va. Code '20-2-36. In cases where the license must be used before it is received in the mail by the purchaser, and until the license has been received, the purchaser shall carry the valid confirmation number produced by the license issuing system and a valid driver=s license or picture identification card issued by the state of residence as a substitute for the license.

3.2. A purchaser of hunting, trapping and fishing licenses issued by telephone shall pay up to a five dollar ($5.00) license issuing fee per transaction in addition to the cost of the licenses purchased.

3.3. The license agent shall retain the fee and not remit it to the Division of Natural Resources. The licensing agent may charge one issuing fee per transaction.

W. Va. Code R. § 58-68-4 Licenses Sold by Internet Transaction

4.1. Except as otherwise provided by law, any purchaser of a license issued by Internet transaction shall carry the license as described in W. Va. Code '20-2-36. In cases where the license must be used before it is received in the mail by the purchaser, and until the license has been received, the purchaser shall carry the valid confirmation number produced by the license issuing system and a valid driver=s license or picture identification card issued by the state of residence as a substitute for the license.

4.2. A purchaser of hunting, trapping and fishing licenses issued by Internet transaction shall pay up to a five dollar ($5.00) license issuing fee per transaction in addition to the cost of the licenses purchased.

4.3. The license agent shall retain the fee and not remit it to the Division of Natural Resources. The licensing agent may charge one issuing fee per transaction.

W. Va. Code R. § 58-68-5 Licenses Sold Electronically at the Point of Sale

5.1. Except as otherwise provided by law, any purchaser of a license issued by point of sale shall carry the license as described in W. Va. Code '20-2-36.

5.2. A purchaser of hunting, trapping and fishing licenses issued by a point of sale transaction shall pay up to a one dollar ($1.00) license issuing fee per transaction in addition to the cost of the licenses purchased.

5.3. The license agent shall retain the fee and not remit it to the Division of Natural Resources. The licensing agent may charge one issuing fee per transaction.

5.4. Where it is not cost efficient or technically feasible, a non-electronic paper based licensing system shall be retained by license agents.

58CSR68

Series 69 Wildlife Disease Management

W. Va. Code R. § 58-69-1 General

1.1. Scope and Purpose. -- The purpose of this rule is to establish rules and procedures to manage, prevent, suppress, control and/or eradicate communicable diseases of wildlife.

1.2. Authority. -- W. Va. Code §20-1-7(30).

1.3. Filing Date. -- April 9, 2007.

1.4. Effective Date. -- April 9, 2007.

W. Va. Code R. § 58-69-2 Definitions

2.1. “Feeding” means the direct or indirect placing, exposing, depositing, distributing, or scattering of bait so as to constitute for wildlife a lure, attraction, or enticement to or on any areas where hunters are attempting to take them. Food plots and/or crops left standing in the field do not constitute feeding.

2.2. “Cervids” mean deer, elk and other species of the family Cervidae.

2.3. “Containment Area” means an area designated by the Director where wildlife has been found to be infected with a contagious or infectious disease. The purpose of a containment area is to manage, control, eradicate and/or prevent the spread of the disease. The establishment of a containment area by the Director will be based upon the most currently available information relating to wildlife disease epidemiology, wildlife disease surveillance information (i.e., geographic distribution and prevalence) and the need to establish boundaries associated with clearly defined features on the landscape. The Director shall, at least annually after the establishment of a containment area, review and evaluate any and all new information relating to wildlife disease epidemiology and surveillance to determine whether any such designation of a containment area should be modified or rescinded and shall report these findings to the Natural Resources Commission. Prior to the establishment of a containment area, the Director shall consult with:

2.3.a. wildlife biologists within the Wildlife Resources Section that are knowledgeable of wildlife diseases;

2.3.b. a Department of Agriculture veterinarian knowledgeable of wildlife diseases;

2.3.c. conservation officers familiar with local and regional landscape features; and

2.3.d. the Natural Resources Commission.

2.4. “Chronic Wasting Disease” (CWD) is an infectious neurological disease of cervids. The disease belongs to the family of diseases known as transmissible spongiform encephalopathies (TSEs) and is caused by an abnormal form of a protein called a prion.

2.5. “Bovine Tuberculosis” means an infectious disease caused by Mycobacterium bovis, commonly known as tubercle bacillus.

2.6. “Avian Influenza” (AI) is a type A influenza virus that is naturally found in certain species of waterfowl and shorebirds.

2.7. “Director” means the Director of the Division of Natural Resources.

2.8. “Chronic Wasting Disease Positive Area” means an area in which Chronic Wasting Disease has been diagnosed and the boundaries of which are delineated by the appropriate state or provincial wildlife agency.

2.9. Other terms have the meaning prescribed to them in the Division’s rule, Rule Defining the Terms To Be Used Concerning All Hunting and Trapping Rules 58 CSR 46 and Prohibitions When Hunting and Trapping 58 CSR 47.

W. Va. Code R. § 58-69-3 Carcass Transport Regulations

3.1. It is unlawful to transport dead cervids or their parts beyond the boundary of a chronic wasting disease containment area except for the following portions of the carcass: (1) meat that has been boned out, (2) quarters or other portions of meat with no part of the spinal column or head attached, (3) cleaned hide with no head attached, (4) clean skull plate (no meat or tissue attached) with antlers attached, (5) antlers with no meat or tissue attached, and (6) finished taxidermy mounts.

3.1.1. State or county agencies and licensed solid waste disposal vendors may transport cervid carcasses or parts thereof to an approved sanitary landfill.

3.1.2. Hunters may transport cervid carcasses that were not killed inside the containment area through the containment area.

3.2. It is unlawful to import into West Virginia dead cervids or their parts from any state or province which has had free roaming deer, elk, moose or other cervids diagnosed with chronic wasting disease, except the following portions of the carcass: (1) meat that has been boned out, (2) quarters or other portions of meat with no part of the spinal column or head attached, (3) cleaned hide with no head attached, (4) clean skull plate (no meat or tissue attached) with antlers attached, (5) antlers with no meat or tissue attached, (6) finished taxidermy mounts, and (7) upper canine teeth, also known as buglers, whistlers or ivories with no meat or tissue attached. Provided, that if the state or province has designated a chronic wasting disease positive area and if the Director approves the boundaries of this area then these importation restrictions apply only to the chronic wasting disease positive area. The Director may for the purpose of this section alter the chronic wasting disease positive area.

W. Va. Code R. § 58-69-4 Baiting and Feeding Regulations

4.1. It is illegal to feed cervids or other wildlife in a containment area as determined by the Director and established for the management, control or eradication of chronic wasting disease, bovine tuberculosis, avian influenza or other wildlife diseases. Provided, that song and insectivorous birds may be fed so long as the person or persons feeding the same shall not do so in a manner that causes a congregation of cervids or other wildlife or in a manner that said person or persons reasonably should have known would cause a congregation of cervids or other wildlife. Provided further, that captive cervids may be fed inside cervid facilities permitted by the Division of Natural Resources.

58CSR69

58CSR69

Series 70 Public Use Of Campgrounds And Recreation Areas In West Virginia State Wildlife Management Areas Under The Division Of Natural Resources

W. Va. Code R. § 58-70-1 General

1.1. Scope. -- This legislative rule governs the public use of campgrounds and recreation areas in West Virginia state wildlife management areas under the jurisdiction and management of the Division of Natural Resources. This rule is necessary to provide for public health, safety and welfare; to protect state property; and to assure state recreational area guests of a safe, beneficial and enjoyable experience.

1.2. Authority. -- W. Va. Code §20-1-7.

1.3. Filing Date. -- April 9, 2007.

1.4. Effective Date. -- April 9, 2007.

W. Va. Code R. § 58-70-2 Rules Governing Public Use of Campgrounds and Recreation Areas in State Wildlife Management Areas under the Division of Natural Resources

2.1. A person may not camp in any manner in state wildlife management areas, except at areas designated for camping. Campground facilities are provided for the exclusive use of registered campers.

2.1.1. Campsites which are not reserved shall be rented on a first come, first served basis. A campsite is occupied when there is a tent, camper or vehicle on the site and a valid camping permit is displayed.

2.1.2. One responsible person who has passed his or her eighteenth (18th) birthday and who is answerable for the actions and safety of the campsite occupants and liable for any damages caused by them shall be at each rented campsite.

2.2. A person may not have in his or her possession beer, wine, liquor, or other alcoholic beverages within the boundaries of the following wildlife management area campgrounds and recreation areas or parts of wildlife management areas where prohibited by posted signs.

Berwind Lake Wildlife Management Area, Bluestone Lake Wildlife Management Area, Laurel Lake Wildlife Management Area, Plum Orchard Lake Wildlife Management Area, Teter Creek Lake Wildlife Management Area, Big Ditch Wildlife Management Area, Pleasant Creek Wildlife Management Area, Lewis Wetzel Wildlife Management Area, Sleepy Creek Wildlife Management Area, Conway Run Lake Wildlife Management Area, McClintic Wildlife Management Area, Chief Cornstalk Wildlife Management Area, Lantz Wildlife Management Area, Upper Mud River Wildlife Management Area & Recreation Area;

2.3. A person may not stay in any camping area for more than fourteen (14) consecutive nights unless approved by the area wildlife manager. In no case may occupancy of a campsite be extended by the camper registering under a different name.

2.4. No more than two (2) motor vehicles may be permitted on a campsite at any time. A non-family camping group may have only one camping unit (tent, trailer, motor home, camper van, etc.) on its campsite. A family camping group, at the discretion of the area wildlife manager, may be permitted to have one (1) or two (2) small tents on its campsite in addition to the main camping unit, but in no case may the additional units be ecologically detrimental to the campsite. A family is defined as parents or guardians and their dependent children.

2.5. Campers shall vacate campsites by 12:00 noon on the day the campsite rental permit expires, unless the area wildlife manager extends the time at the request of the camper. No extension may extend beyond 4:00 p.m.

2.6. The campsite rental fee does not include the use of any other facilities or services for which a fee or rental is charged.

2.7. A person may not wash any equipment, paraphernalia, clothing, pet or human body at water fountains and water pumps, and in lakes, ponds, pools and streams. A person may not wash cooking utensils, tableware, flatware or any other cooking or eating paraphernalia at water fountains and water pumps, and in comfort stations, bathhouses and washrooms.

2.8. A person may not drive objects into any tree, shrub, rock, sign, building or other object or structure in a state campground. Trenching or digging in a campsite is prohibited.

2.9. Quiet hours are in effect, and they shall be observed and enforced from 10:00 p.m. to 7:00 a.m. Generators shall not be operated during quiet hours. ATV and motorbike riding is prohibited in camping area.

2.10. A person may not ride a bicycle in a campground after dark, unless it is equipped with lights on both its front and rear and the lights are turned on while it is being ridden.

2.11. Swimming is prohibited in state wildlife management areas, except in places designated for that purpose.

2.12. Only registered camping guests and licensed hunters and fishermen, while hunting or fishing, and persons who have authorized legitimate business in a state wildlife management area are permitted on the premises between the closing hour of 10:00 p.m. and the opening of 6:00 a.m. during which hours the premises are closed to the general public.

2.13. Dogs and cats are the only pets permitted in state wildlife management area campgrounds and shall be restrained at all times on a sturdy leash not to exceed ten feet in length and their owner or master shall clean up the pet's excreta, and keep it quiet and from disturbing other guests, and is responsible for all damages it causes.

2.14. A person may be evicted from a state wildlife management area by a Conservation Officer, Special Conservation Officer, Wildlife Manager or Superintendent for any breach of this rule, or for the breach of any other rule which is in effect governing its use. All charges and fees are forfeited upon an eviction.

2.15. Hawking, peddling, soliciting, begging, advertising, or carrying on any business or commercial enterprise is prohibited in state wildlife management areas without written permission of the Director of the Division of Natural Resources.

2.16. Explosives, fireworks and other dangerous substances are prohibited in state wildlife management areas.

2.17. A person may not dump, deposit or otherwise distribute garbage, waste, bottles, cans, paper, junk, or any other trash or refuse within the boundary of any state wildlife management area.

2.18. A person may not attempt to feed or feed any wild animal in a campground.

W. Va. Code R. § 58-70-3 Enforcement of Rules Governing Public Use of Campgrounds and Recreation Areas in State Wildlife Management Areas under the Division of Natural Resources and Penalties

Responsibility for enforcing the rules.

Conservation Officers, Special Conservation Officers, Wildlife Managers and Superintendents on state wildlife management areas shall enforce all of the provisions of this rule.

58CSR70

58CSR70

Series 71 Hunting, Trapping And Fishing License And Stamp Fees

W. Va. Code R. § 58-71-1 General

1.1. Scope and Purpose. -- This legislative rule establishes fees of certain hunting, fishing and trapping licenses and stamps.

1.2. Authority. -- W. Va. Code §20-2-42.

1.3. Filing Date -- May 8, 2009.

1.4. Effective Date -- August 8, 2009.

W. Va. Code R. § 58-71-2 Fees for Hunting, Trapping and Fishing Licenses

2.1. In accordance with the provisions of W. Va. §20-2-42, the fees for the following hunting, trapping and fishing licenses and stamps are increased and indexed to the increase in the Consumer Price Index (All Items) published by the United States Department of Labor rounded down to the nearest dollar. The Consumer Price Index (All Items) increased by 8.33 percent for the period January 1, 2006 through April 30, 2008.

2.2. The fee for the Class A resident hunting and trapping license is $19.

2.3. The fee for the Class B resident fishing license is $19.

2.4. The fee for the Class E nonresident hunting and trapping license is $119.

2.5. The fee for the Class EE nonresident bear hunting license is $162.

2.6. The fee for the Class F nonresident fishing license is $37.

2.7. The fee for the Class H nonresident small game hunting license is $27.

2.8. The fee for the Class X resident hunting, fishing and trapping license is $35.

2.9. The fee for the Class XJ resident junior and Class XXJ nonresident junior hunting, fishing and trapping license is $16.

2.10. The fee for the Class NN nonresident antlerless deer hunting stamp is $27.

2.11. The fee for the Class OO nonresident trout fishing stamp is $16.

2.12. The fee for the Class RG resident gun deer hunting stamp for an additional deer is $21.

2.13. The fee for the Class RRG nonresident gun deer hunting stamp for an additional deer is $43.

2.14. The fee for the Class RB resident archery deer hunting stamp for an additional deer is $21.

2.15. The fee for the Class RRB nonresident archery deer hunting stamp for an additional deer is $37.

2.16. The fee for the Class RM resident muzzleloader deer hunting stamp for an additional deer is $16.

2.17. The fee for the Class RRM nonresident muzzleloader deer hunting stamp for an additional deer is $37.

2.18. The fee for the Class UU nonresident archery deer hunting stamp is $32.

2.19. The fee for the Class VV nonresident muzzle-loading deer hunting stamp is $32.

2.20. The fee for the Class WW nonresident turkey hunting stamp is $32.

2.21. The fee for the Class CS/LE nonresident conservation law-enforcement and sports education stamp is $13.

2.22. Fees for licenses and stamps not specified in subsections 2.2 through 2.21 of this rule shall remain at current levels.

58CSR71

58CSR71

Series 72 Electronic Registration of Wildlife

W. Va. Code R. § 58-72-1 General. 1.1

Scope and Purpose. -- This legislative rule establishes the procedures for the electronic registration and checking of wildlife. 1.2.

Authority. -- W. Va. Code §20-2-4. 1.3.

Filing Date. -- April 29, 2014. 1.4.

Effective Date. -- June 1, 2014.

W. Va. Code R. § 58-72-2 Definitions. 2.1

"Director" means the Director of the West Virginia Division of Natural Resources. 2.2.

"Division" means the West Virginia Division of Natural Resources. 2.3.

"Electronically Register" or "Electronic Registration" means the submission of all required data via any electronic method made available by the Division to complete the game checking process and obtain a game tag number in lieu of the delivery of wildlife to a Natural Resources Police Officer or official game checking station.

2.4. "Game Tag Number" means the number provided by the Division or its representatives that verifies a hunter or trapper has successfully electronically registered their animal.

W. Va. Code R. § 58-72-3 Electronic Registration Requirements

3.1. Hunters and trappers in compliance with all other applicable requirements of law and the rules promulgated thereunder may electronically register wildlife in lieu of delivery to a Natural Resources Police Officer or official game checking station, except under the circumstances set forth in subsection 3.6. of this section. 3.2.

Hunters and trappers shall provide all requested information via any electronic method made available by the Division. 3.3.

3. Upon completion of providing the requested data, the Division or its representatives shall issue a game tag number. 3.4.

The game tag number must be recorded on the hunter or trapper's field tag or recorded on a separate sheet of paper that displays the hunter or trapper's name and address. This information is the equivalent to that which would have been issued by a Natural Resources Police Officer or official game checking station.

3.5. The game tag number, hunter or trapper's name and address shall be affixed to the animal or parts thereof and remain affixed until it is dressed for consumption or processed into commercial fur.

3.6. Upon public notice in every affected area, the director may require the physical inspection and checking of wildlife under any of the following circumstances:

3.6.a. Epizootic disease among wildlife;

3.6.b. Biological necessity requiring physical inspection of wildlife;

3.6.c. Circumstances determined necessary to protect the State's wildlife resources; or

3.6.d. Any other emergency that may require physical inspection of wildlife.

3.7. The physical inspection and checking of wildlife shall continue during the circumstance outlined in subsection 3.6. or until rescinded by the director.

Series 73 Reptile and Amphibian Rule

W. Va. Code R. § 58-73-1 General

1.1. Scope. -- These regulations establish open seasons and possession limits for reptiles and amphibians in West Virginia. The take or possession of any native West Virginia reptile or amphibian species not listed hereafter is prohibited pursuant to W. Va. Code §20-2-4.

1.2. Authority. -- W. Va. Code §20-1-17(7).

1.3. Filing Date. -- March 23, 2021.

1.4. Effective Date. -- March 23, 2021.

1.5. Possession Limits in General. -- All seasons and possession limits, unless otherwise noted, are statewide and subject to change under the provisions of W. Va. Code §20-1-17(7).

W. Va. Code R. § 58-73-2 Definitions

2.1. “Aggregate” means the total possession limit of similar kinds of amphibians or reptiles considered as a whole.

2.2. “Amphibian” means salamanders, hellbenders, mudpuppies, frogs and toads, or any part thereof, and eggs or offspring.

2.3. “Egg” means a single reproductive body produced by any reptile or amphibian.

2.4. “Larvae” means any juvenile salamander.

2.5. “Possession” means any reptile or amphibian taken alive or dead from the wild which are in any way under the control of a person.

2.6. “Reptile” means turtles, lizards and snakes, or any part thereof, and eggs or offspring.

2.7. “Tadpole” means any juvenile frog or toad

2.8. All other terms shall have the meanings prescribed in W. Va. Code §20-1-2.

W. Va. Code R. § 58-73-3 Requirements to take or release reptiles or amphibians

3.1. No person may take or possess snake eggs, lizard eggs, skink eggs, turtle eggs, amphibian eggs, tadpoles, or larvae of any species.

3.2. It is unlawful to take or possess any reptile or amphibian from any area under agreement with, owned, controlled, or administered by the Division of Natural Resources, except pursuant to subsections 3.2.1. and 3.2.2. of this rule.

3.2.1. Persons who have received written permission from the Director, provided they carry and exhibit said permission upon request.

3.2.2. Persons lawfully taking American bullfrogs, green frogs, snapping turtles, and eastern spiny softshell turtles.

3.3. No person shall release any reptile or amphibian into the wild that was held in captivity for more than 30 days. No person shall release at any time any reptile or amphibian that has been held in the same enclosure with other species of reptiles or amphibians. Reptiles or amphibians that may be released must be released at the location of the capture.

3.4. No person may take or possess reptiles or amphibians for education or scientific purposes without obtaining a scientific collecting permit pursuant to W. Va. Code §20-2-50. No person may take or possess any native reptile or amphibian for any other purpose without first obtaining written authorization by the Director pursuant to W. Va. Code §20-1-7.

W. Va. Code R. § 58-73-4 Reptiles and Amphibians Which May Be Taken and/or Possessed

4.1. A person may take the following salamanders year-round for use as fishing bait. A person may have in his or her possession no more than 10 of these species in aggregate.

4.1.1. northern dusky salamander (Desmognathus fuscus)

4.1.2. seal salamander (Desmognathus monticola)

4.1.3. Allegheny mountain dusky salamander (Desmognathus ochrophaeus)

4.1.4. black-bellied salamander (Desmognathus quadramaculatus)

4.1.5. Black Mountain salamander (Desmognathus welteri)

4.1.6. northern spring salamander (Gyrinophilus p. porphyriticus)

4.1.7. Kentucky spring salamander (Gyrinophilus p. duryi)

4.1.8. northern two-lined salamander (Eurycea bislineata)

4.1.9. southern two-lined salamander (Eurycea cirrigera)

4.1.10. eastern long-tailed salamander (Eurycea l. longicauda)

4.2. A person may have in his or her possession no more than 50 salamanders which are purchased from a licensed dealer and accompanied by a bill of sale pursuant to W. Va. Code of State Rules, Title 58 Series 62, Bait Fish Rule.

4.3. Property owners, lessees, or their representative may destroy or relocate any snake within a place of residence, dwelling, structure used for domestic or commercial purposes, and outbuildings, including sheds and structures, gardens, and fields used for agricultural crops and livestock.

4.4. A person may possess snake skins that have been shed from any species and such shed snake skins will not be considered part of the possession limit.

4.5. A person may take and possess a daily creel limit of 10 eastern spiny softshell (Apalone s. spinifera) and snapping turtle (Chelydra s. serpentina) and the possession limit in aggregate is 20 for these species of turtles.

W. Va. Code R. § 58-73-5 Penalties

5.1. Any person convicted of a violation of this rule is subject to the penalties provided for in the W. Va. Code §20-7-9.

58CSR73

58CSR73

Series 74 Elk Restoration and Management Rule

W. Va. Code R. § 58-74-1 General

Scope and Purpose. -- This rule establishes guidelines and protocols relating to the West Virginia Division of Natural Resource’s elk management program.

Authority. -- W. Va. Code §20-1-7(30) and 20-2-5h.

Filing Date. -- April 20, 2016.

Effective Date. – April 20, 2016.

W. Va. Code R. § 58-74-2 Definitions

2.1. “Accredited Veterinarian” means any veterinarian accredited by APHIS and approved by the Animal Health Official of the state where the veterinarian is doing business.

2.2. “APHIS” means the Animal and Plant Health Inspection Service or its successor agency of the United States Department of Agriculture.

2.3. “Certificate of Veterinary Inspection (CVI)” means an official form issued by an accredited veterinarian in the state of origin and approved by the Animal Health Official of the state of origin listing all animals (with an accurate description and official identification) covered by the certificate and the findings of the health of the animals covered by the certificate. In addition, the CVI shall contain the names and address of the consignor and the consigned of the animals, the vaccinations that the animals may have received and the dates the vaccinations occurred. The CVI is void thirty (30) days after issuance.

2.4. “Division” means the West Virginia Division of Natural Resources.

2.5. “Elk Management Area or EMA” means a designated area in which the West Virginia Division of Natural Resources plans to establish and manage a wild free-ranging elk population. The specific EMA boundaries are identified in the Division’s Elk Management Plan. The Division may not expand the EMA without statutory authorization (W.Va. Code 20-2-5h).

W. Va. Code R. § 58-74-3 Elk Management Plan

3.1. An Elk Management Plan has been developed by the Division which will guide the Division’s management decisions as it relates to the state’s active elk restoration project.

3.1.a. The elk management plan will follow an adaptive management approach and the plan will be updated on a 5-year basis.

3.1.b. The Division shall solicit public comments on the draft elk management plan and will take public input under consideration prior to finalizing the plan.

3.1.c. The elk management plan will include, but is not limited to, the following plan components.

3.1.c.1. Elk biology and life history

3.1.c.2. Overview of elk reintroduction feasibility studies

3.1.c.3. Designation of an EMA

3.1.c.4. Setting of elk population objectives

3.1.c.5. Habitat and large landowner GIS-based analysis

3.1.c.6. Selection of elk release areas

3.1.c.7. Development of disease testing and health monitoring protocols

3.1.c.8. Information and educational efforts – promoting public awareness

3.1.c.9. Population monitoring protocols and research

3.1.c.10. Habitat management efforts

3.1.c.11. Strategies to increase public access to EMA

3.1.c.12. Approaches to minimize elk/human sociological conflicts

W. Va. Code R. § 58-74-4 Management of Elk Outside of the Elk Management Area

4.1. The Division shall address elk which move outside of the EMA on a case by case basis to minimize adverse impacts to landowners and loss of individual elk that are essential to elk restoration success. Furthermore, as the active elk restoration program develops, the Division will develop appropriate procedures to address elk located outside of the EMA.

W. Va. Code R. § 58-74-5 Disease Testing and Monitoring

5.1. The Division shall not import any elk from a population known to be infected with and/or not routinely post mortem tested for the abnormal prion associated with chronic wasting disease of deer and elk.

5.2. The Division shall not import any elk into the state without a valid CVI issued by an accredited veterinarian.

5.2.a. The CVI shall indicate that the animal has had a negative tuberculosis test within 2 months prior to the importation.

5.2.b. The CVI shall indicate that the animal has had a negative brucellosis test within 1 month prior to the importation of the animal.

5.2.c. The Division shall consider the requirement of negative test results in 5.2.a. and 5.2.b. as minimum requirements for importation of elk captured from the wild from the Kentucky or Virginia Elk Management Zones, but shall require additional disease testing for any elk imported from outside of the Kentucky and Virginia Elk Management Zones on a case by case basis.

5.3. For purposes of this section, the tuberculosis test shall use the single cervical test as prescribed by the United States Department of Agriculture on December 31, 1990 or equivalent approved test (DPP Test Dual Path Platform Test, April 2014), approved by USDA APHIS Veterinary Services and all elk captured from the wild and confined with the elk to be imported shall have a negative tuberculosis test or negative post mortem culture.

5.4. The Division shall notify the Commissioner of the West Virginia Department of Agriculture (WVDA) of its intent to import elk into the state a minimum of one (1) week prior to transporting animals into the state.

Series 75 State Park Controlled Deer Hunts

W. Va. Code R. § 58-75-1 General

1.1. Scope. -- This rule establishes the procedures and fees associated with the permit application process for controlled deer hunts on state parks.

1.2. Authority. -- W. Va. Code §20-1-7.

1.3. Filing Date. -- July 9, 2018.

1.4. Effective Date. -- August 9, 2018.

W. Va. Code R. § 58-75-2 Definitions

2.1. "Director" means the director of the West Virginia Division of Natural Resources.

2.2. “Division” means the West Virginia Division of Natural Resources.

2.3. All other terms shall have the meaning prescribed in W. Va. Code §20-1-2.

W. Va. Code R. § 58-75-3 Application Procedures for Limited Permits for State Park Controlled Deer Hunts

3.1. State park controlled deer hunts will be held on select state parks and on the dates as designated and published annually by the Director.

3.2. A person shall comply with permit procedures and deadlines established by the Director to apply for limited special state park deer season permits.

3.3. The Director will authorize the application process be handled through the Division’s electronic licensing system or through a paper application system developed and implemented by the Division’s Parks and Recreation Section. The application process will be published in the Division’s West Virginia Hunting and Trapping Regulations Summary.

3.3.1. The state park controlled deer hunt application period shall run for a time period as designated by the Director.

3.3.2. Applicants are not required to purchase a base hunting license prior to submitting an application for a state park controlled deer hunt.

3.3.3. An application is required for each state park controlled deer hunt. Applicants may apply for multiple state park controlled deer hunts. Each application must be accompanied by the non-refundable application fee.

3.3.4. Permits will be awarded by a random draw of the applications.

3.3.5. A state park controlled deer hunt permit is not transferable to another person.

3.3.6. Upon being awarded a permit, applicants must provide to the Division:

3.3.6.a. Written or verbal statement of intent to participate in each designated state park controlled hunt for which they hold permits.

3.3.6.b. Proof of a valid base hunting license or be exempt from having to purchase a base hunting license.

3.3.7. Applicants awarded permits who fail to meet the requirements of subsection 3.3.6. of this rule forfeit the awarded permit and shall not be eligible to participate in the designated state park controlled hunt for which the awarded permit is forfeited.

3.4. Fee Schedule

3.4.1. A nonrefundable application fee of fifteen (15) dollars will be required for each application.