2005 West Virginia Code - §64-10-3. — Division of Natural Resources.
(a) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section twenty-three-a, article two, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Division of Natural Resources (Commercial whitewater outfitters, 58 CSR 12), is authorized.
(b) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of sections thirteen, twenty-two, twenty-two-a and twenty-three, article seven, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Division of Natural Resources (Boating, 58 CSR 25), is authorized.
(c) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the eighteenth day of October, two thousand five, relating to the Division of Natural Resources (Public use of West Virginia State Parks, State Forests and State Wildlife Management Areas under the Division of Natural Resources, 58 CSR 31), is authorized with the amendments set forth below:
On page one, subsection 1.1, after the words, "Division of Natural Resources" by inserting the words "Parks and Recreation Section";
On page three, subsection 2.21, after the words "Chief Logan," by changing the comma to a colon, striking out "except in the" and inserting following: "Provided, That beer, wine and alcoholic beverages may be served in the restaurant,";
On page three, subsection 2.21, after the words "conference
center" by inserting the words "without prior written authorization from the Director";
And,
On page four, subsection 2.21, after the words "prohibited by posted signs" by changing the period to a colon and inserting the following: " 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."
(d) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventeenth day of October, two thousand five, relating to the Division of Natural Resources (Terms defining the terms to be used concerning all hunting and trapping rules, 58 CSR 46), is authorized, with the following amendment:
On page two, subsection 2.10, after the words "Individual Permanently Disabled in the Lower Extremities" by striking out the remainder of subsection 2.10 and inserting in lieu thereof the following: "means an individual who is permanently and totally disabled due to paralysis or disease in the lower half of the body, which makes it impossible to ambulate successfully more than two hundred feet without assistance".
(e) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (Wild boar hunting, 58 CSR 52), is authorized.
(f) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (Special waterfowl hunting, 58 CSR 58), is authorized.
(g) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (Miscellaneous permits and licenses, 58 CSR 64), is authorized, with the following amendments:
On page four, subsection 3.6, by striking out the words "A pubic hearing will be conducted" and inserting in lieu thereof the words "The Division of Natural Resources will conduct a public hearing";
On page four, subsection 3.7, after the period, by inserting the following: "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." and by striking out subdivision 3.7.1 in its entirety;
On page four, subsection 4.1, by striking out the words "Except as provided in Section 4.1.1 of this rule, all" and inserting in lieu thereof the words "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";
On page four, subsection 4.1, by striking out the word "will";
On page four, by striking out subdivision 4.1.1 in its entirety;
On page five, subsection 5.3, by striking out the word "as";
On page five, subsection 6.2, by striking out "A captive deer facility must be inspected by both Division of Natural Resources, Wildlife Resources and Law Enforcement personnel and an inspection form completed." and inserting in lieu thereof the following: "Personnel from both the Division of Natural Resources, Wildlife Resources Section and the Division of Natural Resources, Law Enforcement Section will inspect captive cervid facilities and complete an inspection form.";
On page eleven, subsection 7.4, by striking out the word "will";
On page eleven, subsection 7.4, by striking out the words "or not the license" and inserting in lieu thereof the word "it";
On page eleven, subsection 7.4.1, by striking out "There shall be a" and inserting in lieu thereof "The";
On page eleven, subsection 7.4.1, by striking out "of" and inserting in lieu thereof "is";
On page eleven, subsection 7.4.1, by adding the following sentence at the end of the subdivision: "The fee for renewal of a captive cervid facility license is $250.";
On page eleven, subdivision 7.4.2, by striking out the words "A pubic hearing will be conducted" and inserting in lieu thereof the words "The Division of Natural Resources will conduct a public hearing";
On page eleven, by striking out subdivision 7.4.3 in its entirety and inserting in lieu thereof the following:
"7.4.3. "A unique and permanent identifying license number, corresponding to the number assigned to the premises by the National Animal Identification System, shall be issued to each licensed captive cervid facility. The applicant must supply this number to the West Virginia Division of Natural Resources with the application for a captive cervid facility license.";
On page eleven, subdivision 7.4.5, by striking out the words "direct or";
On pages eleven and twelve, by striking out all of subdivision 7.4.7 and by renumbering the remaining subdivisions;
On page twelve, subdivision 7.4.8, by striking out the words "posts must be spaced at 20 feet maximum for T post or 30 feet maximum for rigid post; brace posts must be buried at least 4 feet in rocky soil and 6 feet in sandy soil or concrete must be used to provide equal stability; line posts must be buried to 3 feet" and inserting in lieu thereof the words "posts must be properly spaced and anchored";
On page twelve, subdivision 7.4.13, by striking out the word "daily";
On page twelve, subdivision 7.4.13, after the word "pests" by striking out the words "Food and water containers shall be kept clean. Hay, straw or other bedding material must be replaced as needed. All waste must be disposed of in a legal manner." and inserting in lieu thereof "and is in accordance with best management practices";
On page twelve, subdivision 7.4.14, by striking out the word "state" and inserting in lieu thereof the words "West Virginia";
On page twelve, subdivision 7.4.14, by striking out the word "accredited" and inserting in lieu thereof the words "West Virginia licensed";
On page twelve, at the end of subdivision 7.4.14, after the words "brucellosis testing." by inserting the following: "The collection of samples for CWD testing shall be performed by trained personnel within the West Virginia Division of Natural Resources or by a trained veterinarian employed by the West Virginia Department of Agriculture. For the purpose of collecting tissue for CWD testing, the captive cervid facility licensee has four options: (1) the licensee may deliver to a West Virginia Division of Natural Resources District Office the head of the cervid; (2) the licensee may deliver to a West Virginia Division of Natural Resources District Office the entire cervid with the head intact; (3) the licensee may contact the West Virginia Division of Natural Resources and a trained representative of the West Virginia Division of Natural Resources and/or a trained veterinarian employed by the West Virginia Department of Agriculture shall go to the facility and obtain the tissue samples; or (4) the licensee may deliver the entire cervid with the head intact to the West Virginia Department of Agriculture lab in Moorefield, West Virginia, and upon delivery of the cervid carcass, the West Virginia Department of Agriculture shall notify the West Virginia Division of Natural Resources of the delivery. After the West Virginia Division of Natural Resources and/or the West Virginia Department of Agriculture have obtained sufficient and necessary tissue samples, the remaining tissue may be shared with the captive cervid facility licensee.";
On page twelve, subdivision 7.4.15, by striking out "The co-mingling of different Cervid species or Cervid species and livestock will not be permitted in the same pens without written approval of the Director. If different Cervid species are housed at the same facility, they must be separated into different pens that are double-fenced or otherwise prohibit contact between the different species." and inserting in lieu thereof the following: "Co-mingling of different cervid species will be allowed if the population density is at least 20,000 square feet per animal and if all best management practices are followed by the captive cervid facility.";
On page twelve, subdivision 7.4.15, after the words "material from" by striking out "different Cervid species" and inserting in lieu thereof the words "captive cervids";
On page twelve, subdivision 7.4.15, after the word "exposed" by striking out "to other Cervids in separate pens or";
On page thirteen, subdivision 7.4.16, by striking out the word "shall" and inserting in lieu thereof the word "may";
On page thirteen, subdivision 7.4.16, by striking out the words "such verification";
On page thirteen, subdivision 7.4.18, after the words "50 yards" by striking out the words "Except that a" and inserting in lieu thereof the word "A";
On page thirteen, subdivision 7.4.18, after the words "in the ear" by striking out the word "shall" and inserting in lieu thereof the word "is";
On page thirteen, subdivision 7.4.19, by striking out the word "An" and inserting in lieu thereof the words "A licensee shall maintain an";
On page thirteen, subdivision 7.4.19, by striking out the words "will be maintained";
On page thirteen, subdivision 7.4.19, after the word "permits" by striking out the period and the words "Records shall show" and inserting in lieu thereof the words "and shall include";
On page thirteen, subdivision 7.4.20, by striking out the word "A" and inserting in lieu thereof the words "A licensee shall forward a";
On page thirteen, subdivision 7.4.20, by striking out the words "shall be forwarded";
On page thirteen, subdivision 7.4.20, by striking out the words "Prior approval shall be obtained from the Director for the movement of captive cervids, and shall be conditional on negative test results and herd accreditation for TB and brucellosis as defined by the USDA." and inserting in lieu thereof the following: "A licensee must obtain prior approval from the Director to move captive cervids. The Director may grant approval on a case-by-case basis. All captive cervid facilities must enroll the cervid herds in accreditation programs for brucellosis and TB as defined by the USDA: Provided, That captive cervid facilities licensed after August 9, 2005 may only accept cervids from TB accredited herds that also meet all requirement of CWD monitoring and surveillance programs";
On page thirteen, subdivision 7.4.20, after the words "performed by" by striking out the words "an accredited" and inserting in lieu thereof the words "a West Virginia licensed"; On page thirteen, by striking out subdivision 7.4.21 in its entirety and inserting in lieu thereof the following:
"7.4.20. A captive cervid facility licensed after August 9, 2005, may receive animals coming from a herd within the state only if the proposed transfer is from a herd that has an ongoing and appropriate CWD surveillance record for at least 60 months. If a licensee has a monitoring program which has been in effect for at least 36 months, the Director may, after reviewing the facility's monitoring records, approve intra-state movement of cervids from the facility's herd: Provided, That intra-state movement of captive cervids may be approved by the Director on a case-by-case basis.";
On page thirteen, by striking out subdivision 7.4.22 in its entirety and inserting in lieu thereof the following:
"7.4.21. A captive cervid facility in this state may not receive animals that have originated from or been housed with animals originating from any state that has a confirmed CWD or tuberculosis (TB) positive cervid in the last 60 months. A captive cervid facility in this state may not receive genetic material that originates from any state that has a confirmed CWD or tuberculosis (TB) positive cervid in the last 60 months.";
On page thirteen, subdivision 7.4.23, by striking out the words "an accredited" and inserting in lieu thereof the words "a West Virginia licensed";
On page thirteen, at the end of subdivision 7.4.24, by changing the period to a colon and adding the following proviso: "Provided, That fawns below the age of six (6) months may be moved or transferred if the fawn originates from a certified tuberculous free herd and is tagged with a unique marker visible from 50 yards.";
On page fourteen, subdivision 7.4.25, by striking out the word "Every" and inserting the word "A licensee will make every";
On page fourteen, subdivision 7.4.25, by striking out the words "will be made";
On page fourteen, subdivision 7.4.25, by striking out the word "All" and inserting in lieu thereof the words "A licensee shall report all known";
On page fourteen, subdivision 7.4.25, by striking out the words "shall be reported";
On page fourteen, subdivision 7.4.25, by striking out "24" and inserting in lieu thereof "8";
On page fourteen, subdivision 7.4.25, after the word "Captain" by changing the period to a comma and inserting the following: "District WRS Game Biologist or the county conservation officer.";
On page fourteen, subdivision 7.4.25, after the words "captive Cervid license"by striking out the remainder of the subdivision and inserting in lieu thereof the following: "Any negligent act that results in captive cervids escaping is a violation of the license.";
On page fourteen, subdivision 7.4.26, after the words "transmissible diseases." by striking out the remainder of the subdivision and inserting in lieu thereof the following: "All costs for killing an animal that escapes due to a negligent act, including collecting samples and testing, are the responsibility of the licensee.";
On page fourteen, subdivision 7.4.27, by striking out "shall" and inserting in lieu thereof the word "may";
On page fourteen, subdivision 7.4.28, by striking out the words "The" and inserting in lieu thereof the words "An authorized representative of the Director shall periodically inspect the";
On page fourteen, subdivision 7.4.28, by striking out the words "shall be periodically inspected by an authorized representative of the Director";
On page fourteen, subdivision 7.4.30, by striking out the word "Any" and inserting in lieu thereof the words "The licensee shall report any";
On page fourteen, subdivision 7.4.30, by striking out the words "shall be reported";
On page fourteen, subdivision 7.4.31, by striking out the word "Appropriate" and inserting in lieu thereof the words "The licensee shall submit appropriate";
On page fourteen, subdivision 7.4.31, by striking out the word "must be submitted";
On page fourteen, subdivision 7.4.31, by striking out the words "may also be required." and inserting in lieu thereof the following: "is also required. Any captive cervid that is fourteen months of age or older that dies or is slaughtered must be tested for TB and brucellosis by a USDA certified, West Virginia licensed veterinarian if sufficient samples are available. These test results shall be made available to the West Virginia Department of Agriculture and the West Virginia Division of Natural Resources.";
On page fourteen, subdivision 7.4.32, by striking out the words "It shall be the licensee's responsibility to ensure that" and insert in lieu thereof "The licensee shall notify";
On page fourteen, subdivision 7.4.32, by striking out the words "is notified";
On page fourteen, subdivision 7.4.33, after the words "outside the infected captive Cervid facility." by striking out the remainder of the subdivision.
And,
On page fourteen, after subdivision 7.4.33, by adding a new subdivision to read as follows:
"7.4.33. The West Virginia Department of Agriculture and the West Virginia Division of Natural Resources shall work together to develop accreditation programs for captive cervids for diseases including Tuberculosis (TB), brucellosis, and chronic wasting disease (CWD). Captive cervid facilities are required to enroll their herds in the USDA-APHIS CWD herd certification program, when the program becomes effective. In addition, a herd plan shall be developed that minimally includes actions described in the USDA-APHIS final rule, or if not available the proposed rule, that apply to the positive herd, epidemiologically linked herds, and the facility."
(h) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the thirteenth day of October, two thousand five, relating to the Division of Natural Resources (Falconry, 58 CSR 65), is authorized.
(i) The legislative rule filed in the State Register on the twenty-ninth day of July, two thousand five, authorized under the authority of section seven, article two-b, chapter twenty of this code, relating to the Division of Natural Resources (Lifetime hunting, trapping and fishing licenses, 58 CSR 67), is authorized.
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