If any loss of game fish or aquatic life results from a person or persons' failure or refusal to discharge any duty imposed upon such person by this article, section seven, article six of this chapter or article eleven-a of this chapter, either the West Virginia Division of Natural Resources or the Division of Environmental Protection, or both jointly may initiate a civil action on behalf of the State of West Virginia to recover from such person or persons causing such loss a sum equal to the cost of replacing such game fish or aquatic life. Any moneys so collected shall be deposited in a special revenue fund entitled "Natural Resources Game Fish and Aquatic Life Fund" and shall be expended as hereinafter provided. The fund shall be expended to stock waters of this state with game fish and aquatic life. Where feasible, the Director of the Division of Natural Resources shall use any sum collected in accordance with the provisions of this section to stock waters in the area in which the loss resulting in the collection of such sum occurred. Any balance of such sum shall remain in said fund and be expended to stock state-owned and -operated fishing lakes and ponds, wherever located in this state, with game fish and aquatic life.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 11. Water Pollution Control Act
§22-11-2. Declaration of Policy
§22-11-4. General Powers and Duties of Director With Respect to Pollution
§22-11-5. Water Areas Beautification; Investigations; Law Enforcement
§22-11-6. Requirement to Comply With Standards of Water Quality and Effluent Limitations
§22-11-7. Cooperation With Other Governments and Agencies
§22-11-7a. Certification Agreements; Required Provisions
§22-11-8. Prohibitions; Permits Required
§22-11-9. Form of Application for Permit; Information Required
§22-11-11. Procedure Concerning Permits Required Under Article; Transfer of Permits; Prior Permits
§22-11-12. Inspections; Orders to Compel Compliance With Permits; Service of Orders
§22-11-13. Voluntary Water Quality Monitors; Appointment; Duties; Compensation
§22-11-14. Information to Be Filed by Certain Persons With Division; Tests
§22-11-16. Compliance With Orders of Director
§22-11-17. Power of Eminent Domain; Procedures; Legislative Finding
§22-11-20. Control by State as to Pollution; Continuing Jurisdiction
§22-11-21. Appeal to Environmental Quality Board
§22-11-22. Civil Penalties and Injunctive Relief; Administrative Penalties
§22-11-23. Priority of Actions
§22-11-24. Violations; Criminal Penalties
§22-11-25. Civil Liability; Natural Resources Game Fish and Aquatic Life Fund; Use of Funds
§22-11-26. Exceptions as to Criminal Liabilities
§22-11-27. Existing Rights and Remedies Preserved; Article for Benefit of State Only