State permit policies & procedures
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WebsiteWest Virginia Department of Natural Resources
WVDNR - Wildlife Resources Section
Natural Heritage Program
PO Box 67, Ward Road
Elkins, WV 26241
304/637-0245 ext. 2048
Is a permit needed for banding?Yes
(pers.comm. B. Sargent to E. Paul, 7 July 2009: “Yes, a Scientific
Collecting Permit is needed to band birds in WV. Permits are
required to collect or handle wildlife, and birds fall under the
definition of wildlife.”
Permit application forms
- Application Form - Available here
or from the agency website
- Renewal - same form
- Threatened and Endangered
- same form
- Salvage - same form
State landsTo be determined
Check permit conditions. Even if not
expressly required to do so, you should always contact the manager of
that particular state land unit or with the owner of private land
before your arrival. You want to be aware of the hunting seasons, and,
of course want to be sure that your activities will not interfere with
the activities of that park, wildlife management area, or other state
land unit, and that your activities will not adversely affect public
use of the land or with the activities of private landowners.
Policies West Virginia Code of State Rules
DEPARTMENT OF COMMERCE
DIVISION OF NATURAL RESOURCES
WILDLIFE SCIENTIFIC COLLECTING PERMIT
Sec. 58-42-1. General
1.1. Scope and Purpose. -- This
legislative rule establishes procedures and requirements for the
application and issuance of scientific collecting permits.
1.2. Authority. -- W. Va. Code Sec. 20-1-7(30) and 20-2-50.
1.3. Filing Date. -- March 27, 2008.
1.4. Effective Date. -- March 27, 2008.
Sec. 58-42-2. Definitions
2.1. “Director” means the Director of the Division of Natural Resources.
2.2. “Division” means the West Virginia Division of Natural Resources.
2.3. All other terms have the meaning prescribed in W.Va. Code Sec. 20-1-2.
Sec. 58-42-3. Application
3.1. An applicant for a wildlife scientific
collecting permit shall submit an application to the Director or his or
her designated representative on the forms prescribed by the Director.
3.2. The application form shall contain the following information:
3.2.1. The name, address and telephone number of the applicant;
3.2.2. The applicant’s institutional affiliation, if any;
3.2.3. The applicant’s profession;
3.2.4. The specific manner of collection, collection dates and collection locations;
3.2.5. The purpose for which specimens are to be collected;
3.2.6. The disposition of collected specimens; and
3.2.7. A listing of the species and numbers of species to be collected.
Sec. 58-42-4. Conditions of Issuance, Denial, and Revocation
4.1. The Director shall determine if an
applicant possess the appropriate educational and professional
experience to collect and handle wildlife designated on the permit.
4.2. The Director shall not issue permits for the purpose of killing deer or bear.
4.3. The Director may place restrictive
provisions on the permit to minimize the unnecessary loss of the
State’s wildlife. These restrictions may include:
4.3.1. Limitations on species and/or the number to be taken;
4.3.2. Limitations on the manner and/or equipment used to take wildlife; and
4.3.3. Limitations on the locations and/or time of year of collections;
4.4. The Director may deny a permit based on:
4.4.1. Inappropriate conduct of the applicant, including but not limited to, past
or current violations of federal or state wildlife laws or rules or regulations;
4.4.2. Past noncompliance of the applicant with permit provisions; and
4.4.3. The current
population status of wildlife to be collected, such as federally
threatened or endangered species, or other conditions which
necessitate a ban or limitation of any taking.
4.5. The Director may revoke any permit for the following reasons:
4.5.1. A permittee’s non-compliance with permit provisions;
4.5.2. Violation of state
or federal laws or rules or regulations by the permittee; or
4.5.3. For good cause.
4.6. The permittee shall contact the Division
- Law Enforcement Section prior to initiating the taking of wildlife
within the time period shown on the permit if notice is required
as a condition of the permit.
4.7. The permittee shall contact
the Division - Wildlife Resources personnel within the time period
shown on the permit, if contact is required as a condition of the
4.7.1. The permittee shall
notify the Division - Wildlife Resources Section contact listed on the
permit within twenty-four (24) hours of the occurrence of any
unexplained deaths occurring in wildlife captured or held under his or
4.7.2. The permittee shall
notify the Division of Natural Resources - Wildlife Resources Section
contact listed on the permit within twenty-four (24) hours of the
occurrence of any diseased wildlife captured or held under his or
Sec. 58-42-5. Permit Length
5.1. The Director shall determine the length of the permit, but may not issue a permit
which extends beyond the end of the calendar year.
Sec. 58-42-6. Record Keeping and Reporting
6.1. The permittee shall submit a report on
forms prescribed by the Director to the Wildlife Resources
Section no later than forty-five (45) days after the termination
date of the permit.
Sec. 58-42-7. Penalties
7.1. Any person who fails to obtain a
scientific wildlife collecting permit or to comply with any of the
provisions of the permit is subject to the penalties as prescribed in
W. Va. Code §20-7-9.
Sec. 58-42-8. Fees
8.1 The annual fees for scientific collecting permits are as follows:
8.1.1. Consultants - $200.00;
8.1.2. Out-of-state academics or students - $25.00;
8.1.3. In-state academics or students – No fee;
8.1.4. Falconers - $25.00; and
8.1.5. State agencies (in-
or out-of-state), federal government, non-profit groups – No fee
8.2. Fees shall accompany the application.