Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-58-3 - General Waterfowl Hunting Rules3.1. Dual Violation. Violation of any provision of this rule is also a violation of federal migratory bird hunting regulations pursuant to Migratory Bird Hunting, 50 C.F.R. Part 20 Subpart H.3.2. Illegal Methods of Taking Waterfowl. 3.2.1. No person may take waterfowl with a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10-gauge, punt gun, battery gun, machine gun, fishhook, poison, drug, explosive, or stupefying substance.3.2.2. No person may take waterfowl with a shotgun capable of holding more than three shells, unless it is plugged with a one-piece filler which is incapable of being removed without disassembling the gun. 3.2.3. No person may take waterfowl from a sinkbox.3.2.4. No person may take waterfowl from or with the aid or use of a motor vehicle, other land conveyance, or an aircraft of any kind, except as provided in paragraph 3.2.4.a. of this rule.3.2.4.a. A person who holds a valid Class Q special resident hunting permit may take waterfowl from a stationary motor vehicle provided that he or she is the only occupant of that vehicle, that the engine of the vehicle is not operating, and that the vehicle is not parked on the right-of-way of any public road or highway. 3.2.5. No person may take waterfowl from or by means of any motorboat or sailboat unless the motor has been completely shut off or the sail furled and the progress from the motor or sail has ceased. 3.2.6. No person may take waterfowl by the use or aid of live birds as decoys. 3.2.6.a. All live, tame, or captive ducks and geese shall have been removed by the landowner from the hunt area for a period of 10 consecutive days prior to hunting and confined within an enclosure which substantially reduces the audibility of their calls and totally conceals the tame birds from the sight of migratory waterfowl. 3.2.7. No person may take waterfowl by the use of records or tapes of waterfowl calls or sounds, or recorded or electrically-amplified imitations of waterfowl calls. 3.2.8. No person may take waterfowl by concentrating, driving, rallying, or chasing the birds with any motorized land, water, or air conveyance or any sailboat.3.2.9. No person may take waterfowl by the aid of baiting, or on or over any baited area. Hunters should be aware that a baited area is considered to be baited for 10 days after the removal of the bait, and it is not necessary for the hunter to know an area is baited to be in violation of federal regulations and section 3.2 of this rule. 3.3. Tagging. No person may give, put, or leave waterfowl at any place, or in the custody of another person, unless the birds are tagged by the hunter with the following information: 3.3.1. The hunter's signature and address; the total number of birds involved, by species; and the date on which each bird was killed. 3.4. Field Dressing. No person may completely field dress waterfowl and then transport the birds from the field. The head or one fully-feathered wing must remain attached to all birds while being transported from the field to the hunter's home or to a migratory bird preservation facility, as defined in Migratory Bird Hunting, 50 C.F.R. § 20.11. 3.5. Shipment. No person may ship waterfowl unless the package is marked on the outside with the following information: 3.5.1. The name and address of the person sending the birds;3.5.2. The name and address of the person to whom the birds are being sent; and3.5.3. The number of birds, by species, contained in the package. 3.6. Importation. For information regarding the importation of waterfowl from another country, hunters should consult Migratory Bird Hunting, 50 C.F.R. §§ 20.61 through 20.66. One fully-feathered wing must remain attached to all waterfowl being transported between the port of entry and one's home or to a migratory bird preservation facility, as defined in Migratory Bird Hunting, 50 C.F.R. § 20.11. No person may import waterfowl killed in any foreign country, except Canada, unless the birds are dressed (except as required in Migratory Bird Hunting, 50 C.F.R. § 20.63), drawn, and the head and feet removed. No person may import waterfowl belonging to another person. 3.7. Federal Migratory Bird Hunting and Conservation Stamp. Each waterfowl hunter 16 years of age and over must carry on his or her person a valid federal Migratory Bird Hunting and Conservation Stamp (i.e., "duck stamp") signed in ink across the face. This stamp is not needed in order to hunt coots or gallinules.3.8. Mandatory Use of nontoxic Shot. Use of nontoxic shot approved by the United States Fish and Wildlife Service is mandatory when hunting waterfowl. Only nontoxic shot size "T" or smaller shall be used or in hunter's possession while hunting of waterfowl. 3.9. Concurrent Waterfowl Hunting. Concurrent hunting of waterfowl on major rivers, lakes, and reservoirs is legal during the bucks-only deer season if the season for the waterfowl is also open. 3.10. Youth Waterfowl Hunting Season. Youth hunters must be 15 years of age or younger to participate in the Youth Waterfowl Hunting Season. Youth hunters must be accompanied by a licensed adult 18 years of age or older as defined in W. Va. Code of State Rules, Title 58 Series 46, Defining the Terms Used in All Hunting and Trapping, who may not take, shoot, or kill any wildlife while so accompanying the youth hunter.3.11. Migratory Bird Harvest Information Program. No persons, except those legally exempt from purchasing a hunting license, may take or attempt to take waterfowl in West Virginia after July 1, 1998, unless they are enrolled annually in the Federal Migratory Bird Harvest Information Program as required by Migratory Bird Hunting, 50 C.F.R. § 20.20. 3.11.1. The hunter shall carry current proof of annual enrollment while hunting waterfowl.