W. Va. Code R. § 58-45-3

Current through Register Vol. XLI, No. 15, April 12, 2024
Section 58-45-3 - Deer Hunting Seasons
3.1. Buck Firearms Season. -- This season, for the firearms hunting of antlered deer, runs for 14 consecutive days commencing on the Monday preceding Thanksgiving with the following exceptions:
3.1.1. The buck firearms deer season is closed in the following: Logan, McDowell, Mingo, and Wyoming counties; and the Hillcrest WMA and the Wilson Cove Study Area.
3.2. Class N Antlerless Deer Season. -- This season, for the firearms hunting of antlerless deer, runs for the number of days and in counties or portions thereof designated by the Natural Resources Commission and published annually by the Director.
3.3. Archery Deer Season. -- This season opens on the last Saturday in September and closes on the last day in December.
3.3.1. During the archery deer season, both antlered and antlerless deer may be hunted statewide with a bow.
3.3.2. Special Urban Deer/Bear Archery/Crossbow Season. -- This season, which may be implemented within incorporated limits of a city, town, or village will be a split season. The initial season opens 21 days prior to the opening of the statewide deer archery season and closes on the last day in December. The second split opens on the second Monday in January and runs through January 31. This special deer season will in no way supersede local regulations or community prohibitions on hunting. The governing entity shall notify the Director by August 1 of their intentions to participate in the special urban deer archery/crossbow season during that year. All participating hunters are required to have a valid base hunting license or be exempt from having to purchase a base hunting license.
3.3.2.a. This season may also be implemented within incorporated homeowners' associations that have defined boundaries. The governing entity of these associations shall submit a letter to the Director prior to March 1 of the year that the hunt is requested. Based on a field review, the Director may or may not grant the request. This special deer season will in no way supersede local regulations or community prohibitions on hunting.
3.3.2.b. Deer taken during this special season shall not apply to the regular archery or crossbow deer season bag limits under Section 3.11. of these rules.
3.3.2.c. The bag limit for all incorporated cities, towns, villages, and homeowners' associations is seven deer which may include no more than two antlered deer and the first deer must be antlerless.
3.4. Crossbow Deer Season. -- This season opens on the last Saturday in September and closes on the last day in December.
3.4.1. During the crossbow deer season, both antlered and antlerless deer may be hunted statewide with a crossbow with the following exception:
3.4.1.a. The crossbow deer season is closed in the following counties: Logan, McDowell, Mingo, and Wyoming counties; except that a person with a valid Class Y permit may hunt with a crossbow during established archery seasons within these counties.
3.5. Muzzleloader Deer Season. -- This season runs for seven consecutive days commencing on the second Monday following the close of the buck firearms deer season, in all counties open to firearm deer hunting.
3.5.1. Deer of either sex may be taken during the muzzleloader season in those counties, or portions thereof, having a Class N antlerless season as designated by the Natural Resources Commission and published annually by the Director, and antlered deer only may be taken in those counties having a buck firearms deer season but no antlerless season.
3.5.2. A special muzzleloader season running for 14 consecutive days commencing on the Monday preceding Thanksgiving will be held on the Wilson Cove Study Area and Hillcrest WMA. Antlered deer only may be taken within boundaries of these areas during the early 14-day muzzleloader season.
3.5.2.a. The Wilson Cove Study Area is approximately 5,200 acres located on the Wardensville Wildlife Management Area of the George Washington National Forest in Hardy County.
3.5.2.b. Hillcrest WMA is a 2,212-acre area located in Hancock County.
3.6. Special Deer Season. -- This season may be implemented within the boundaries of lands owned, operated, or controlled by the Federal or State government, during the period from October 1 to December 31. This special deer season will only be implemented when the resident deer population cannot be managed by general public hunting during the regular deer seasons for reasons of safety, security, or other special circumstances, as recommended by the Wildlife Resources Section. All participating hunters are required to have a valid base hunting license or be exempt from having to purchase a base hunting license.
3.6.1. During this special deer season, two deer may be taken which shall not apply to the regular annual archery, crossbow, muzzleloader, or firearms deer seasons bag limits under Section 3.11. of these rules.
3.7. Special Youth Deer Season. -- There will be a special split youth deer season for youth hunters, ages eight to less than 18, to be held on the third Saturday and following Sunday in October, and on the first two days after Christmas Day on private and public lands in counties open to a firearms deer hunting season.
3.7.1. During this special season, one antlerless deer may be taken per day which will not apply to the regular deer firearms bag limit under Section 3.11. of these rules.
3.8. Special State Park Deer Season. -- This season, for the hunting of deer with archery, crossbows, muzzleloaders, air rifles and/or firearms as designated by the Director, will be a permit hunt implemented within the boundaries of designated State Parks. The season runs for the number of days designated by the Natural Resources Commission and published annually by the Director. All participating hunters are required to have a valid base hunting license or be exempt from having to purchase a base hunting license.
3.8.1. During this season, two deer may be taken by each hunter as designated by the Director, one deer per day which shall not apply to the regular annual firearms, crossbow, muzzleloader, or archery deer season bag limits under Section 3.11. of these rules. The deer type (i.e., antlered, antlerless) which may be taken during this season will be designated by the Director.
3.9. Special Class Q/QQ and XS Deer Season. -- There will be a special split deer season for Class Q/QQ permit holders and Class XS license holders to be held on the third Saturday and following Sunday in October, and on the first two days after Christmas Day on private and public lands in counties open to firearms deer hunting season.
3.9.1. During this special season, one antlerless deer may be taken per day which will not apply to the regular deer firearms bag limit under Section 3.11. of these rules.
3.10. Mountaineer Heritage Deer/Bear/Turkey Season. This season runs for four consecutive days commencing on the second Thursday of January and closing on the following Sunday. One deer of either sex, one wild turkey of either sex, and one bear of either sex may be taken during this season.
3.10.1. This is a special primitive weapons season and only single-shot side-lock percussion and flintlock muzzleloader pistols and rifles with iron sights and only long and recurve bows are permitted during this season for deer. Crossbows are not permitted during this primitive weapons season.
3.10.2. This season is open statewide except that Logan, McDowell, Mingo, and Wyoming counties are limited to long and recurve bows only.
3.11. No person may take more than three antlered deer or more than a total of 11 deer in this State during the period from July 1 to June 30 of the following year unless otherwise provided for in this series or he or she holds a valid permit to kill deer causing damage to crops as provided under West Virginia Code of State Rules, Title 58 Series 15, Permits to Kill Deer or Other Wildlife Causing Damage to Cultivated Crops, Trees, Commercial Nurseries and Homeowner's Shrubbery, Vegetable Gardens and Other Property.
3.11.1. Deer taken during the open seasons established in Section 3 of this rule may be a combination of the following:
3.11.1.a. One deer by bow during the archery deer season or one deer by crossbow during the crossbow deer season.
3.11.1.b. One antlered deer by either bow, crossbow, muzzleloader, air rifle, or firearm during the buck firearms deer season.
3.11.1.c. One antlerless deer by either bow, crossbow, muzzleloader, air rifle, or firearm during the Class N antlerless deer season; except that three antlerless deer may be taken by bow, crossbow, muzzleloader, air rifle or firearm in selected counties or portions thereof designated by the Natural Resources Commission and published annually by the Director. Only one antlerless deer may be taken per Class N or NN stamp.
3.11.1.d. Two deer by bow or crossbow on Class RB or RRB stamps during the archery and crossbow deer seasons, provided that one of the deer must be an antlerless deer. No more than one antlered deer and no more than two total deer may be taken in counties closed to buck firearms hunting, including the Mountaineer Heritage Season. No more than one deer may be taken by bow on Class RB or RRB stamps in counties closed to antlerless firearms hunting.
3.11.1.e. One deer on Class RG or RRG stamp as follows: one antlered deer by either bow, crossbow, muzzleloader, air rifle or firearm during the buck firearms deer season.
3.11.1.f. One deer with a muzzleloader during the muzzleloader season on a Class RM or RRM stamp as follows: One deer of either sex in counties or parts thereof having a Class N season with a bag limit of one or more antlerless deer with unlimited licenses; or one antlered deer in all other counties or parts thereof having a firearms deer season as designated by the Natural Resources Commission and published annually by the Director.
3.11.1.g. One deer by single-shot muzzleloader rifle or pistol during the muzzleloader deer season. Only antlered deer may be taken during the muzzleloader deer season in counties or parts thereof closed to a Class N season.
3.11.1.h. One deer by single-shot side-lock percussion and flintlock muzzleloader pistols and rifles with iron sights or long and recurve bows during the Mountaineer Heritage Season.
3.11.2. In selected counties designated by the Natural Resources Commission and published annually by the Director, deer hunters are required to take an antlerless deer within the county, which may be taken during any regular deer season open to antlerless deer hunting, prior to harvesting a second antlered deer within the county. This regulation applies across all the combined regular deer seasons and the Mountaineer Heritage Season.
3.12. No person may hunt deer between 30 minutes after sunset and 30 minutes before sunrise on the following day.
3.13. The hunting of all game species for which a legal hunting season is open is permitted during the muzzleloader deer season.
3.14. Antler restrictions in effect on McClintic WMA, Beech Fork WMA, Burnsville WMA, Bluestone WMA, Little Kanawha River WMA, Calvin Price State Forest, and Coopers Rock State Forest. All antlered bucks taken on McClintic WMA, Beech Fork WMA, Burnsville WMA, Bluestone WMA, Little Kanawha River WMA, and Coopers Rock State Forest during the archery, crossbow, buck firearms, muzzleloader, and Mountaineer Heritage Seasons must have an outside antler spread of 14 inches or greater. Only one antlered deer may be taken on each area for all seasons combined.
3.15. Hillcrest WMA and Wilson Cove Study Area - only one antlered deer may be taken on each area for all seasons combined.

W. Va. Code R. § 58-45-3