W. Va. Code R. § 58-18-4

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-18-4 - Issuance of Permits and Bear Damage Hunts
4.1. If the complaint is found to be justified, the officer or designated wildlife biologist may issue a permit to kill the bear that caused the property damage or may authorize the owner and other residents to proceed to hunt, destroy or capture the bear that caused the property damage: Provided, That only the officer or the wildlife biologist may recommend other measures to end or minimize property damage: Provided, however, that if out-of-state dogs are used in the hunt, the owners of the dogs are the only nonresidents permitted to participate in hunting the bear.
4.1.a. A bear damage hunt may not be organized and/or a kill permit may not be issued in cases where the confirmed bear damage occurred within the boundaries of the United States Forest Service or on a state wildlife management area in which a special land use permit has been issued.
4.2. If a bear damage hunt is organized, the investigating officer or wildlife biologist may summon or use dogs to effectuate the hunting and destruction or capture of the suspect bear.
4.2.a. The investigating officer or wildlife biologist may restrict the number of dogs that may be used in a hunt.
4.2.b The investigating officer or wildlife biologist may restrict the number of hunters who may participate in a hunt.
4.3. The investigating officer or wildlife biologist may supervise the hunting party and remain in the area of the chase during a bear damage hunt.
4.3.a. One member of the hunting party may be designated by the investigating officer or wildlife biologist as the person in charge of the hunt.
4.3.b. The hunting party will be organized with the understanding that the party will be responsible for having a destroyed bear transported to a road for pick up by Section personnel if deemed necessary. The hunting party must also assist the wildlife biologist in moving a tranquilized bear.
4.4. Only the investigating officer, wildlife biologist, or person designated to be in charge of the hunt may determine if a bear should be destroyed or tranquilized and relocated, or whether, based upon the animal's size and other clues or circumstances relating to the offense, it appears that the bear being hunted is not the bear that caused the confirmed damage.
4.4.a. If the investigating officer, wildlife biologist or person designated to be in charge of the hunt determines that the bear being hunted is not the suspect animal, the hunt must be disbanded.
4.5. If a suspect bear is destroyed during a hunt which does not include an officer or wildlife biologist, the person designated to be in charge of the hunt must notify the appropriate Section personnel so that they can be instructed as to which biological information will be collected.
4.6. The offal of all livestock killed by a bear will be removed or buried by the property owner immediately after the completion of the complaint investigation conducted under Section 3.2 of this rule.

W. Va. Code R. § 58-18-4