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West Virginia’s Exotic Animal Laws

Exotic Animals

The State of West Virginia is one of the few states that does not regulate the possession of exotic animals as pets. The only regulation that pertains to possessing animals are animals that are considered native to the state. If an individual chooses to have a native animal as a pet, that individual will be required to obtain a permit. Even though there are no regulations concerning exotic animals possessed for pets in the State of West Virginia at this time, there is a bill that is being considered which may become law in the future that will deal with this topic. Anyone who wishes to possess an exotic animal in this state should stay upto date with the possibility of this upcoming law.

The only law that pertains to exotic animals in the State of West Virginia is West Virginia Code 20-2-51, which discusses the legallities of possessing a native “wild” animal. This law states that anyone wishing to possess a wild animal or wild bird must have gotten the animal in question from a commercial dealer or they must have gotten the animal in question during the open season for that particular wild animal. There is also a $2 fee per wild animal that must accompany an application for the permit for possession of said animal.

West Virginia House Bill 2774 is the bill in legislation that could change the exotic animal laws in West Virginia. This bill creates a Non-native Species Regulation Board and give this board the authority to establish certain requirements that would pertain to the possession of non-native species as well as the selling and breeding of these species within the state. This would govern both individuals as well as pet shops. This bill carefully explains that non-native species are animals that are not considered to be domestic animals and are not among the species of animals or birds that are native to the State of West Virginia.

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According to West Virginia HB 2774, which was introduce in January 2008, the Nonnative Species Regulation Board would be responsible for more than just establishing requirements for possession of exotic or nonnative species of animals. This board would also be responsible for setting the standard of care for nonnative species, it would have the authority to control possession and breeding permits and it would have the authority to determine species of nonnative animals that would be considered as threats to public safety as well as public health, could endanger livestock or native species and could injure the agriculture and forest industry. This board would investigate all violations of any rules they set, they would conduct any necessary hearings inconjuction with these violations, they would be incooperation with other governmental entities during investigations and enforcement of violations of laws pertaining to nonnative species of animals and their possession or breeding and this board would responsible for the examination, seizure, examining, quarantining or even the destroying of nonnative animal species that have been found to pose a threat in West Virginia. Exceptions to the requirements set forth by the board would be issued by the board and they would also be expected to continue with any conservation efferts set forth by the national and international wildlife agencies by dilligently controlling the possessing and breeding of nonnative species throughout West Virginia.

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