W. Va. Code R. § 58-42-4

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 58-42-4 - Conditions of Issuance, Denial, and Revocation

4.1. The Director shall determine if an applicant possess the appropriate educational and professional experience to collect and handle wildlife designated on the permit.

4.2. The Director shall not issue permits for the purpose of killing deer or bear.

4.3. The Director may place restrictive provisions on the permit to minimize the unnecessary loss of the State's wildlife. These restrictions may include:

4.3.1. Limitations on species and/or the number to be taken;

4.3.2. Limitations on the manner and/or equipment used to take wildlife; and

4.3.3. Limitations on the locations and/or time of year of collections;

4.4. The Director may deny a permit based on:

4.4.1. Inappropriate conduct of the applicant, including but not limited to, past or current violations of federal or state wildlife laws or rules or regulations;

4.4.2. Past noncompliance of the applicant with permit provisions; and

4.4.3. The current population status of wildlife to be collected, such as federally threatened or endangered species, or other conditions which necessitate a ban or limitation of any taking.

4.5. The Director may revoke any permit for the following reasons:

4.5.1. A permittee's non-compliance with permit provisions;

4.5.2. Violation of state or federal laws or rules or regulations by the permittee; or

4.5.3. For good cause.

4.6. The permittee shall contact the Division - Law Enforcement Section prior to initiating the taking of wildlife within the time period shown on the permit if notice is required as a condition of the permit.

4.7. The permittee shall contact the Division - Wildlife Resources personnel within the time period shown on the permit, if contact is required as a condition of the permit.

4.7.1. The permittee shall notify the Division - Wildlife Resources Section contact listed on the permit within twenty-four (24) hours of the occurrence of any unexplained deaths occurring in wildlife captured or held under his or her permit.

4.7.2. The permittee shall notify the Division of Natural Resources - Wildlife Resources Section contact listed on the permit within twenty-four (24) hours of the occurrence of any diseased wildlife captured or held under his or her permit.

W. Va. Code R. § 58-42-4