Full Statute Name:  West's Annotated Code of West Virginia. Chapter 20. Natural Resources. Article 2. Wildlife Resources. Part I. Wildlife Management. § 20-2-5a. Forfeiture by person causing injury, death or destruction of game or protected species of animal; replacement values thereof; forfeiture procedures

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Primary Citation:  W. Va. Code, § 20-2-5a Country of Origin:  United States Last Checked:  September, 2016 Alternate Citation:  WV ST § 20-2-5a Date Adopted:  1976
Summary:

Under this statute, defendants must pay an additional monetary penalty in the form of a "replacement cost" for the unlawful killing of certain listed species ($5,000 for each bald or golden eagle killed).  If two defendants were implicated in the killing, each must pay the full penalty.  For discussion of federal Eagle Act, see Detailed Discussion .

Statute Text: 

 (a) Any person who is convicted of violating a criminal law of this state that results in the injury or death of game, as defined in section two, article one of this chapter, or a protected species of animal, in addition to any other penalty to which he or she is subject, shall forfeit the cost of replacing the game or protected species of animal to the state as follows:

(1) For each game fish or each fish of a protected species taken illegally other than by pollution kill, $10 for each pound and any fraction thereof: Provided, That for each native brook trout that exceeds the creel limit, $100 for the first five illegally taken and $20 for each thereafter;

(2) For each bear, $500;

(3) For each deer or raven, $200;

(4) For each wild turkey, hawk or owl, $100;

(5) For each beaver, otter or mink, $25;

(6) For each muskrat, raccoon, skunk or fox, $15;

(7) For each rabbit, squirrel, opossum, duck, quail, woodcock, grouse or pheasant, $10;

(8) For each wild boar, $200;

(9) For each bald eagle, $5,000;

(10) For each golden eagle, $5,000;

(11) For each elk, $4,500; and

(12) For any other game or protected species of animal, $100.

(b) In addition to the replacement value for deer in subdivision (3), subsection (a) of this section, the following cost shall also be forfeited to the state by any person who is convicted of violating any criminal law of this state and the violation causes the injury or death of antlered deer:

(1) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 14 inches or greater but less than 16 inches, $1,000;

(2) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 16 inches or greater but less than 18 inches, $1,500;

(3) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 18 inches or greater but less than 20 inches, $2,000; and

(4) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 20 inches or greater, $2,500.

(5) Any person convicted of a second or subsequent violation of any criminal law of this state which violation causes the injury or death of antlered deer is subject to double the authorized range of cost to be forfeited.

(c) Upon conviction, the court shall order the person to forfeit to the state the amount set forth in this section for the injury or death of the game or protected species of animal. If two or more defendants are convicted for the same violation causing the injury or death of game or protected species of animal, the forfeiture shall be paid by each person in an equal amount. The forfeiture shall be paid by the person so convicted within the time prescribed by the court not to exceed sixty days. In each instance, the court shall pay the forfeiture to the Division of Natural Resources to be deposited into the License Fund-Wildlife Resources and used only for the replacement, habitat management or enforcement programs for injured or killed game or protected species of animal.

Credits
Acts 1976, c. 89; Acts 1982, c. 82; Acts 1994, c. 122; Acts 2010, c. 141, eff. June 18, 2010; Acts 2015, c. 242, eff. June 12, 2015; Acts 2016, c. 168, eff. March 11, 2016.

 

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