(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 twelve hours to a relevant law-enforcement agency and obtains a nonhunting game tag within twenty-four 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 article three, chapter twenty-nine-a 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 section twenty-eight of this article 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.
Structure West Virginia Code
§20-2-1. Declaration of Policy
§20-2-1a. Wildlife Resources Division; Organization and Administration
§20-2-2. Violations of Article
§20-2-2a. Interference With Hunters, Trappers and Fishermen
§20-2-3. State Ownership of Wildlife
§20-2-4. Possession of Wildlife
§20-2-5. Unlawful Methods of Hunting and Fishing and Other Unlawful Acts; Sunday Hunting
§20-2-5e. Assessment Fee for Decoy Animals
§20-2-5f. Nonresident Dog Training for Coon Hunting; Training Season
§20-2-5g. Use of a Crossbow to Hunt
§20-2-5h. Elk Management Area; Elk Damage Fund; Criminal Penalties; Rule-Making
§20-2-5i. Waste of Game Animals, Game Birds, or Game Fish; Penalties
§20-2-5j. Leashed Dogs for Tracking Mortally Wounded Deer or Bear
§20-2-5k. Use of Air Rifles to Hunt
§20-2-6. Carrying Gun on Landowner's Land
§20-2-7. Hunting, Trapping or Fishing on Lands of Another; Damages and Restitution
§20-2-8. Posting Unenclosed Lands; Hunting, etc., on Posted Land
§20-2-9. Unlawful Posting of Lands
§20-2-10. Destruction, etc., of Signs Posted Under Chapter
§20-2-11. Sale of Wildlife; Transportation of Same
§20-2-12. Transportation of Wildlife Out of State; Penalties
§20-2-13. Importation of Wildlife; Certification and Inspection of Imported Wildlife
§20-2-14. Propagation of Wildlife for Commercial Purposes
§20-2-17. Hunting Fur-Bearing Animals; Possession of Fur; Disturbing Traps of Another
§20-2-18. Number and Types of Traps
§20-2-21. Reporting Beaver and Otter Pelts Taken and Tagged
§20-2-22. Tagging, Removing, Transporting and Reporting Bear, Deer, Wild Boar and Wild Turkey
§20-2-23. Outfitters and Guides -- Generally; Definitions
§20-2-23b. Whitewater Study and Improvement Fund
§20-2-23c. Voluntary Contributions to Whitewater Advertising and Promotion Fund
§20-2-23d. Bond; Revocation of License; Licensing Carrying Requirement; Criminal Penalties
§20-2-23e. Implementation of Allocation Methodology
§20-2-24. Outfitters and Guides -- Qualifications
§20-2-25. Same -- License Applications; National Forest Requirements
§20-2-26. Same -- License Fee; Bond; Revocation of License; Penalties
§20-2-27. Necessity for License
§20-2-28. When Licenses or Permits Not Required
§20-2-29. Conservation of Species and Request for Public Records
§20-2-31. Size and Form of License and Tag; Contents; Unlawful to Alter Licenses or Permits; Penalty
§20-2-32. Issuance of Licenses; Duplicate Licenses
§20-2-33. Authority of Director to Designate Agents to Issue Licenses; Bonds; Fees
§20-2-33b. Electronic Application Donation to Fund the Coyote Management Program
§20-2-34. Disposition of License Fees and Donations; Reports of Agents; Special Funds and Uses
§20-2-35. Period During Which License Valid
§20-2-36a. Hunting or Fishing When License Revoked; Penalty
§20-2-38. Refusal or Revocation of License or Permit
§20-2-42. Effective Date and Indexing of License and Stamp Fees
§20-2-42a. Class a Resident Hunting and Trapping License
§20-2-42b. Class B Resident Fishing License
§20-2-42c. Class C Courtesy Statewide Hunting and Fishing License
§20-2-42d. Class E Nonresident Hunting and Trapping License
§20-2-42e. Class Ee Nonresident Bear Hunting License
§20-2-42f. Class F Nonresident Fishing License
§20-2-42g. Class H Nonresident Small Game Hunting License
§20-2-42h. Class J Nonresident Small Game Shooting Preserve License
§20-2-42i. Class Ll Nonresident One-Day Fishing License
§20-2-42j. Class X Resident Hunting, Fishing and Trapping License
§20-2-42l. Class A-L Small Arms Hunting Stamp
§20-2-42m. Class I Nonresident National Forest Hunting, Trapping and Fishing Stamp
§20-2-42n. Class N Resident and Class Nn Nonresident Antlerless Deer Hunting Stamp
§20-2-42o. Class O Resident and Class Oo Nonresident Trout Fishing Stamp
§20-2-42p. Class Rg Resident and Class Rrg Nonresident Gun Deer Hunting Stamp for an Additional Deer
§20-2-42s. Class Uu Nonresident Archery Deer Hunting Stamp
§20-2-42t. Class Vv Nonresident Muzzle-Loading Deer Hunting Stamp
§20-2-42u. Class Ww Nonresident Turkey Hunting Stamp
§20-2-42v. Class Bg Resident Big Game Stamp
§20-2-42w. Class Y Special Crossbow Hunting Permit for Certain Disabled Persons
§20-2-42x. Class Xs Resident Senior Hunting, Fishing and Trapping License
§20-2-42y. Class Ah, Ahj, Aah, Aahj Apprentice Hunting and Trapping Licenses; Penalties
§20-2-42z. Class L Resident Five-Day Fishing License
§20-2-44b. Bear Damage Stamp; Proceeds to Be Paid Into Bear Damage Fund; Purposes, etc.
§20-2-46e. Class Q Special Hunting Permit for Disabled Persons
§20-2-47. License for Private Game Farm for Propagating Animals and Birds for Commercial Purposes
§20-2-49. Licenses for Dealers in Furs, Pelts, etc.
§20-2-50. Permit to Hunt, Kill, etc., Wildlife for Scientific or Propagation Purposes
§20-2-50a. Wildlife Damage Control Agents; Licensing
§20-2-51. Permit for Keeping Pets
§20-2-52. Permits for Roadside Menageries
§20-2-53. License for Privately Owned Commercial Fishing Preserve
§20-2-54. License for Privately-Owned Commercial Shooting Preserves
§20-2-55. License to Catch and Sell Minnows or Other Bait Fish
§20-2-56a. Bird Dog Training Permit
§20-2-58. Shooting Across Road or Near Building or Crowd; Penalty
§20-2-59. License to Take Fish and Mussels for Commercial Purposes in Certain Waters
§20-2-60. Required Attire for Deer Hunters; Exemption; Penalty
§20-2-62. Persons Exempt From Obtaining Hunting and Fishing Licenses; Qualification
§20-2-64. Regulating Release of Fish, Water Animal and Other Aquatic Organisms; Stocking Permit