Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-64-2 - Definitions2.1. "Applicant" means a person of at least eighteen (18) years of age who is applying for any one of the following permits and licenses issued by the Division under the provisions of W. Va. Code §20-2 et seq.2.1.a. A license for the operation of a private game preserve for the propagation of wild animals or wild birds for commercial purposes (W. Va. Code § 20-2-47). Three categories of this license will be issued by the Division: 2.1.a.1. Commercial game farm license. This license authorizes the holder to breed or raise such animals and birds as specified by the license, to sell the same dead or alive, or to sell the eggs of birds in accordance with the provisions of Division rules governing the commercial sale of wildlife (58CSR63). This license does not include the acquisition or holding of foxes or raccoons trapped from the wild by a legal trapper under provisions of W. Va. Code § 20-2-11.2.1.a.2. Hound coursing/training pen game farm license. This license authorizes the holder to purchase, hold, and release into hound coursing/training pens in accordance with the provisions of this rule and under terms and conditions of the license, live foxes and raccoons obtained from the wild by a legal trapper under provisions of W. Va. Code § 20-2-11 or live wildlife obtained by means specified under 58CSR63 Section 3.2.1.a.3. Incorporated sportsmen club restocking game farm license. This license authorizes incorporated sportsmen clubs in West Virginia to purchase, hold, and release in accordance with the provisions of this rule and under terms and conditions of the license, live foxes and raccoons obtained from the wild by a legal trapper under provisions of W. Va. Code § 20-2-11 or other means specified under 58CSR63 Section 3 for the purpose of restocking.2.1.b. A license for the operation of a private plant, pond, or business for the propagation, sale, or purchase of fish, frogs, turtles, or other forms of aquatic life for commercial purposes (W. Va. Code § 20-2-48). This license authorizes the holder to breed or raise such species as specified by the license and to buy and sell the same dead or alive or the eggs thereof in accordance with the provisions of Division rules governing the commercial sale of wildlife (58CSR63). Two categories of this license will be issued by the Division: 2.1.b.1. A fish pond license to raise and sell fish, frogs, turtles, or other forms of aquatic life.2.1.b.2. A fish sales license to buy and resell fish, frogs, turtles, or other forms of aquatic life.2.1.c. A permit to keep and maintain in captivity as a pet a wild animal or wild bird that has been acquired from a commercial dealer or legally taken by the applicant during the open hunting or trapping season established under 58 CSR 45 (W. Va. Code § 20-2-51).2.1.d. A permit to keep and maintain in captivity as a roadside menagerie wild animals, wild birds, amphibians, or reptiles (W. Va. Code § 20-2-52).2.1.e. A license for the operation of a privately-owned pond or impoundment to be used as a commercial fishing preserve (W. Va. Code § 20-2-53).2.1.f. A license for the operation of a privately-owned commercial shooting preserve (W. Va. Code § 20-2-54).2.1.g. A license to catch and sell minnows or other bait fish (W. Va. Code § 20-2-55).2.1.h. A permit to any person, group of persons, club, or organization to hold or conduct a field trial, shoot-to-retrieve field trial, water race, or wild hunt (W. Va. Code § 20-2-56).2.2. "Chief" means the chief of the Law Enforcement Section of the West Virginia Division of Natural Resources.2.3. "Division" means the West Virginia Division of Natural Resources.2.4. "Director" means the director of the West Virginia Division of Natural Resources.2.5. "District Office" means the office of the West Virginia Division of Natural Resources that houses Division personnel in a district.2.6. "Section" means the Law Enforcement Section of the West Virginia Division of Natural Resources.2.7. "Facility" means the property on which a person engages in an activity of which one of the permits and licenses listed in Section 2.1 of this rule is required by statute and includes, but is not limited to, buildings, enclosures, grounds, impoundments, and ponds.2.8. "Fiscal Year" means July 1 of one year through June 30 of the following year.2.9. "Licensee" means a person who has been issued one of the permits and licenses listed in Section 2.1 of this rule.2.10. "Wild Animals" means all mammals native to the State of West Virginia occurring either in a natural state or in captivity, except house mice or rats, and includes coyotes and porcupines and all species of cervids. The term wild animals does not include captive cervids owned and possessed by persons licensed pursuant to article two-h, chapter nineteen of this code.2.11. "Wild Birds" means all birds other than: (a) Domestic poultry - chickens, ducks, geese, guinea fowl, peafowls and turkeys;(b) psittacidae, commonly called parrots and parakeets; and(c) other foreign cage birds such as the common canary, exotic finches and ring dove. All wild birds, either: (i) Those occurring in a natural state in West Virginia; or(ii) those imported foreign game birds, such as waterfowl, pheasants, partridges, quail and grouse, regardless of how long raised or held in captivity, shall remain wild birds under the meaning of this chapter.2.12. "Commercial dealer" means a licensee holding a license as defined in Section 2.1.a.1. or an out-of-state person/business licensed to sell and export wildlife.2.13. "Legal Trapper" means a trapper possessing a valid West Virginia trapping license or equivalent (W. Va. Code §§ 20-2-27, 20-2-28).2.14. "Hound Coursing/Training Pen" means a permanent enclosure of no less than forty (40) acres from which there is no reasonable expectation of escape of the animals placed within.2.15. "Incorporated Sportsmen Club" means a club, organization, or group formed for a common purpose to further the tradition of hunting, fishing, or trapping and registered with West Virginia Secretary of State for such purpose.2.16. "Cervid" is any member of the deer family, both native and exotic. For the purposes of this rule, this definition does not include captive cervids owned or possessed pursuant to W. Va. Code §19-2H et.seq.2.17. All other terms shall have the meaning prescribed in W. Va. Code § 20-1-2.