WEST VIRGINIA LEGISLATURE
FISCAL NOTE
FISCAL NOTE
2025 REGULAR SESSION
Introduced
House Bill 2836
By Delegates Rohrbach, Hornby, Amos, Funkhouser, Browning, Chiarelli, Holstein, Bridges, Pritt, Pinson, and Dean
[Introduced February 24, 2025; referred to the Committee on Government Organization]
A BILL to amend and reenact §20-2-4 of the Code of West Virginia, 1931, as amended, relating to wildlife resources; and permitting individuals, referred to as a “Wildlife Rehabilitator”, to capture and transport, receive, temporarily confine, provide medical and supportive care to release and humanely dispatch orphaned, injured or ill native wildlife provided that the methods and documentation for such activities are in accordance with permit conditions set forth by the director of the Division of Wildlife Resources.
Be it enacted by the Legislature of West Virginia:
## ARTICLE 2. WILDLIFE RESOURCES.
(a) Except for wildlife lawfully taken, killed or obtained, no person may have in his or her possession any wildlife, or parts thereof, during closed seasons. It is unlawful to possess any wildlife, or parts thereof, which have been illegally taken, killed or obtained. This does not include the possession of deer antlers that are naturally shed and collected by a person from his or her own land, from public lands unless prohibited by law, or from private lands with the written permission of the landowner in hand. Any wildlife illegally taken, killed or possessed shall be forfeited to the state and shall be counted toward the daily, seasonal, bag, creel and possession limit of the person in possession of, or responsible for, the illegal taking or killing of any wildlife. It is unlawful to take, obtain, purchase, possess or maintain in captivity any live wildlife, wild animals, wild birds, game or fur-bearing animals except as provided by this chapter or any rule promulgated thereunder.
(b) Wildlife lawfully taken outside of this state is subject to the same laws and rules as wildlife taken within this state.
(c) Migratory wild birds may be possessed only in accordance with the Migratory Bird Treaty Act, 16 U. S. C. §703, et seq., and its regulations.
(d) The restrictions in this section do not apply to the director or duly authorized agents, who may take or maintain in captivity any wildlife for the purpose of carrying out the provisions of this chapter.
(e) Wildlife, except protected birds, elk, spotted fawn and bear cubs, killed or mortally wounded as a result of being accidentally or inadvertently struck by a motor vehicle may be lawfully possessed if the possessor of the wildlife provides notice of the claim within 12 hours to a relevant law-enforcement agency and obtains a nonhunting game tag within 24 hours of possession. The director shall propose administrative policy which addresses the means, methods and administrative procedures for implementing the provisions of this section.
(f) Persons are required to electronically register deer, bear, turkey, wild boar, bobcat, beaver, otter and fisher in accordance with rules promulgated by the director. “Electronically register” means submission of all necessary and relevant information to the division, in the manner designated by rule governing the electronic registration of wildlife. The director may promulgate rules, pursuant to §29A-3-1 et seq. of this code, governing the electronic registration of wildlife: Provided, That the rules shall include a procedure for persons who are not required to obtain licenses or permits under §20-2-28 of this code to register wildlife using identification other than a social security number. The rules may use a system of a combination of the last four digits of the social security number, date of birth and last name of the person.
(1) Rehabilitation of Native Wildlife -- A licensed veterinarian or animal control agency may also receive, temporarily confine, provide medical and supportive care to, release or humanely dispatch orphaned, injured or ill native wildlife for emergency treatment without a wildlife rehabilitator permit if the native wildlife is not held for more than 48 hours before contacting the division of wildlife resources or a permitted wildlife rehabilitator to confirm the animal will be accepted. Native wildlife shall be transferred to a properly permitted wildlife rehabilitator as soon as specialized care is no longer required.
(2) Any person may capture and transport injured, orphaned, or ill native wildlife, without unnecessary delay, directly to a permitted wildlife rehabilitator, division employee, licensed veterinarian, or animal control agency authorized to possess these animals, but only after contacting the facility and confirming that the animal will be accepted. Prior to transport, no care may be provided to native wildlife unless directed by the permitted wildlife rehabilitator or division employee.
(3) Releasable native wildlife may not be intentionally tamed or kept longer than is required for the restoration of its health. If an animal becomes habituated or has a medical diagnosis preventing release, non-releasable native wildlife may be held under the authority of a licensed wildlife rehabilitator permit for educational programs or exhibits. The animal may also be transferred to a licensed zoological park, museum, or entity approved and authorized by the director.
(4) Native wildlife that is being improperly cared for, as determined by the Minimum Standards for Wildlife Rehabilitation (MSWR), may be removed by a division wildlife officer. Prior to a removal, the permittee must be given written notice stating what deficiencies exist and be given at least 14 days to correct any such deficiencies.
(5) Native Wildlife Rehabilitation Permit -- Wildlife rehabilitators shall provide proof of certification through the International Wildlife Rehabilitators Council or be a licensed veterinarian in order to be considered eligible for this permit.
No one convicted of a state or federal wildlife crime may be considered eligible for this permit.
Wildlife rehabilitators shall have facilities established which are in accordance with the Minimum Standards for Wildlife Rehabilitation to be approved by inspection from the Division of Wildlife Resources prior to being granted this permit and accepting native wildlife for rehabilitation.
In order to obtain a Wildlife Rehabilitation Permit, the individual shall provide a letter of competence from a licensed veterinarian, zoological facility, or other licensed West Virginia rehabilitator stating that they are able to properly care for native wildlife that has been orphaned, injured or ill.
(6) Records of all native wildlife cared for by a wildlife rehabilitator shall be kept detailing the date of intake, species of animal, circumstances of intake, and circumstances and date of final disposition to be submitted to the Division of Wildlife Resources annually.
NOTE: The purpose of this bill is to permit individuals, referred to as a “Wildlife Rehabilitator”, to capture and transport, receive, temporarily confine, provide medical and supportive care to release and humanely dispatch orphaned, injured or ill native wildlife provided that the methods and documentation for such activities are in accordance with permit conditions set forth by the director of the Division of Wildlife Resources.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.