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West Virginia Senate Bill 384
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by DubVeeJames on February 15, 2007
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We're facing some bad bills in west Virginia again this year. Here's part of one of them. It would make it quite hard to keep venomous.
James
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 384
(By Senators Edgell, Love and Facemyer)
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[Originating in the Committee on Finance;
reported February 15, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14 and §19-9B-15, all relating to regulating the sale, possession and breeding of nonnative animals; defining certain terms; creating the Nonnative Animals Regulation Board; establishing powers and duties; establishing a special revenue account and authorizing expenditures; providing rule-making authority; delineating the jurisdiction of member agencies; providing owner liable for the cost of care of seized nonnative animals; requiring pet shop registration, renewal and fee; requiring pet shop to keep records and provide certain notification; requiring identification number on dangerous animals; establishing caging requirements; requiring liability insurance, posting of signs and notification of escapes and releases; limiting public contact; authorizing certain inspections; specifying conditions under which nonnative animals may be seized; setting forth exemptions; and establishing civil and criminal penalties.
ARTICLE 9B. NONNATIVE SPECIES REGULATION ACT.
§19-9B-1. Definitions.
As used in this article:
(1) "Animal" means wildlife, dangerous, domestic animals and nonnative animals as defined by this article.
(2) "Board" means the Nonnative Animals Regulation Board.
(3) "Dangerous animal" means a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarondi, bear, hyena, wolf, coyote or any poisonous or life-threatening reptile and includes any species, subspecies or crossbreeds of any of those animals and includes those species added by the board by legislative rule.
(4) "Domestic animal" means an animal which, through extremely long association with humans, has been bred to a degree that resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes the animal unique and distinguishable from wild members of the species and the animal has federally approved biologics for the treatment and prevention of disease.
(5) "Nonnative animal" means any animal, other than a domestic animal or wildlife and includes a crossbreed of an animal that do not occur naturally either presently or historically within the boundaries of this state, as well as, all species listed as threatened or endangered in accordance with 16 U. S. C. §1533 not presently or historically native to this state.
(6) "Person" means, but is not limited to, an individual, partnership, limited partnership, corporation, organization, firm, limited liability company, joint venture, association, trust, estate and any officer, member, shareholder, director, employee, agent or representative who is under a duty to perform or is responsible for the performance of an act prescribed by the provisions of this article.
(7) "Pet shop" means a facility where an animal is kept for the purpose of sale.
(8) "Possess" means to own, harbor, keep, release, exhibit, bring into the state, offer for sale, offer for trade or have custody or control of an animal.
(9) "Possessor" means the person who owns, harbors, keeps, releases, exhibits, brings into the state, offers for sale, offers for trade or has custody or control of an animal.
(10) "Sale" means and includes, but is not limited to, any transfer of ownership or title, whether for money, exchange for other property or services or without any remuneration.
(11) "Wildlife" means wildlife and game fish as those terms are defined in section two, article one, chapter twenty of this code, fish and all animals commonly accepted and documented to live in the wild as part of the present or historic natural fauna of West Virginia.
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RE: West Virginia Senate Bill 384
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by venom on February 16, 2007
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Well you should be ok on VENOMOUS snakes...
"(3) "Dangerous animal" means a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarondi, bear, hyena, wolf, coyote or any POISONOUS or life-threatening reptile and includes any species, subspecies or crossbreeds of any of those animals and includes those species added by the board by legislative rule"
Last I checked you could eat just about any snake.
A basic error like that just shows how ill informed the folks writing these laws are.
Scary!
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RE: West Virginia Senate Bill 384
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by SnakeEyes2006 on February 23, 2007
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Ok I to live in WV, and I called Charleston not to long ago to ask how to obtain a liscence to be able to field collect here in the state, and the reply was there is no such thing, and that since there is not a season for "hunting" reptiles then that means that the season is closed for 24/7/365 which means: that we can not capture or have in captivity any of these animals, and they said there is no permit to import any that has been caught in another state and Absolutely!!!! NO VENOMOUS... that is what I was told... I have already had a run in with the DNR over some baby alligators... can't have them either.... So just watch it, cause my local DNR says he don't care and has seen me out "herping" around some lakes down my way, but the state big wig says absolutely not!!!!, So I have no idea who to listen to? Or just keep my mouth shut, don't be showing off my collection to just anybody?!
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RE: West Virginia Senate Bill 384
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by wvdaisy on February 26, 2007
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Try reading the bill for yourselves http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/sb384%20intr.htm
I see nothing on there specifically related to "dangerous animals" Nor does it name dangerous animals or animal breeds.
Use your mind don't mindlessly follow.
wvdaisy
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RE: West Virginia Senate Bill 384
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by DubVeeJames on February 27, 2007
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The bill you linked to is an outdated version. Here is a link to the current one, the one I was referring to, that is pending. http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/SB384%20SUB1.htm
If you wish to be informed of the upcoming laws relating to animals in West Virginia, you can register at http://groups.yahoo.com/group/WestVirginiaPetLaw/
and it will keep you updated. Bill 384-sub1 has already passed in the Senate and is now in committee in the House. It looks like it will pass unless something is done about it soon.
James
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