Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-23-6 - Assignment of Points6.1. Except as provided in sections 6.2, 6.3, and 6.4 of this rule, the Division shall assign four points to a person for any violation of hunting or fishing laws or rules.6.2. The Division shall assign 10 points to any person found guilty of violating W. Va. Code § 20-2-5(3) -- Using or attempting to use any artificial light or any night vision technology, including image intensification, thermal imaging or active illumination while hunting, locating, attracting, taking, trapping, or killing any wild bird or wild animal: Provided, that it is lawful to hunt or take coyote, fox, raccoon, opossum or skunk by the use of artificial light or night vision technology, including any image intensification, thermal imaging, or active illumination.6.3. The Division shall assign 10 points to any person found guilty of violating W. Va. Code § 20-2-5(18) -- using dynamite or any like explosive or poisonous mixture placed in any waters of the State for the purpose of killing or taking fish.6.4. The Division shall assign six points to any person found guilty of violating any of the following: 6.4.1. W. Va. Code § 20-2-4: Illegal possession of wildlife or any part thereof. The Division shall not assign points to any person possessing wildlife or any part thereof that was legally taken during the respective open season.6.4.2. W. Va. Code § 20-2-11: Illegal sale of wildlife.6.4.3. W. Va. Code § 20-2-5 (26): Illegally killing deer, boar, or turkey.6.4.4. W. Va. Code § 20-2-5(4): Hunt, take, kill, wound or shoot at wild animals or wild birds from an airplane or other airborne conveyance, a drone or other unmanned aircraft, an automobile or other land conveyance, or from a motor-driven water conveyance.6.4.5. W. Va. Code § 20-2-5 (14): Taking fish by an illegal method.6.4.6. W. Va. Code § 20-2-5b and W. Va. Code of State Rules, Title 58 Series 60, Fishing Regulations: Exceeding the daily creel limit on trout.6.4.7. W. Va. Code of State Rules, Title 58 Series 60, Fishing Regulations and W.Va. Code of State Rules, Title 58 Series 61, Special Fishing Rule: Using prohibited bait in a restricted area.6.4.8. W. Va. Code § 20-2-22a: A first offense violation of this section which does not result in the death or killing of a bear.6.5. Notwithstanding the provisions of this section, points will only be assigned to the violation with the highest point value when more than one charge results from a single incident.