(a) It is unlawful for any person to cause through carelessness, neglect, or otherwise to let any edible portion of any big game or game fish to go to waste needlessly.
(b) For purposes of this section, "edible portion" means, with respect to:
(1) Big game. — One or more of the following: (A) the meat of the front quarters to the knee; (B) the meat of the hind-quarters to the hock; or (C) the meat along the backbone between the front quarters and hind quarters: Provided, That an edible portion of a wild turkey is the meat of the breast only.
(2) Game fish. — The fillet meat from the gill plate to the tail fin.
(3) Edible portion does not include bones, sinew, viscera, meat from the head or neck, meat that has been damaged or rendered inedible by method of taking, or meat that is reasonably lost as a result of boning or close trimming of bones.
(c) It is unlawful for any person to take any big game and detach or remove from the carcass the head, hide, antlers, tusks, paws, claws, gallbladder, teeth, beards, or spurs only and leave the carcass to waste.
(d) Any person who through no carelessness, neglect, or otherwise, is unable to locate the carcass of any lawfully taken big game prior to the spoilage or decay of any or all edible portions may detach or remove from the carcass the head, hide, antlers, tusks, paws, claws, gall bladder, teeth, beards, or spurs: Provided, That the big game is registered and shall be counted toward the daily, seasonal, bag, and possession limit of the person in possession of, or responsible for taking the big game.
(e) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the following penalties, with respect to:
(1) Big game violations. —
(A) A fine of not less than $500 nor more than $2,500, or confinement in jail not less than 10 days nor more than 100 days, or both fined and confined;
(B) Suspension of hunting and fishing license for a period of five years; and
(C) All applicable forfeiture and replacement provisions in §20-2-5a of this code.
(2) Game fish violations. —
(A) A fine of not less than $100 nor more than $500, or confinement in jail not less than 10 days nor more than 100 days, or both fined and confined;
(B) Suspension of hunting and fishing license for a period of two years; and
(C) All applicable forfeiture and replacement provisions in §20-2-5a of this code.
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