WVFA eNews Weekly

Anyone who attended any of the WVFA Area Meetings before the Legislative Session began will remember that one of the primary items on our legislative to-do list was Elimination of Liability for Landowners Relative to Trespassers. The good news on that front, we are happy to report, is that with the Governor’s signature the reinstatement of the "Open and Obvious Doctrine" has now been added to the "Premise Liability" law; both passed this session. These two laws, in combination, create the goal that we sought.

The Legislature approved and the Governor has signed S.B. 13, which reinstates the legal doctrine (open & obvious) for suing a property owner when someone is injured by an obvious risk that was reasonably apparent, or was know to the person injured. The premise liability bill, S.B. 3, was signed into law by the Governor, which was signed by the Governor earlier in the session, and will codify existing common law relating to property owners not being held liability for the injuries or death of a person trespassing on their property.

Visit https://www.naylornetwork.com/wvf-nwl/articles/?aid=311476&issueID=40946 to view the full article online.

The U.S. Fish & Wildlife Service’s public comment period on its proposed 4(d) rule, which USFWS may opt to issue if it selects a "Threatened" listing for the Northern Long-Eared Bat, closes today. WVFA has prepared a comment for the record, as well as signed onto a forest industry group letter/comment.

The U.S. Fish & Wildlife (FWS) has proposed a special 4(d) rule, which it may opt to adopt if it decides on a "Threatened," rather than "Endangered," listing for the Northern Long-Eared Bat (NLEB). This small mammal has suffered declines in much of its 39-state habitat, due to the spread of White-Nose Syndrome. The 4(d) rule prescribes conditions under which land under "forest management" would be permitted "incidental takes" of NLEB in the course of operations.

We view it as a positive step that the USFWS has recognized the strong role forest management has played in developing viable NLEB habitat. However, even the 4(d) rule would impose burdens, falling especially heavily on smaller ownerships and those burdens would arguably do more harm than good in promoting NLEB survival.

Visit https://www.naylornetwork.com/wvf-nwl/articles/?aid=312652&issueID=40946 to view the full article online.

Charleston, W.Va. – Nominations for induction into the West Virginia Agriculture and Forestry Hall of Fame (WVAFHF) are now being accepted. The WVAFHF is devoted to honoring individuals, businesses, organizations, institutions and foundations who have helped make this nation great through outstanding contributions to the establishment, development, advancement or improvement of the agricultural, forestry and/or family life of West Virginia.

This honor is bestowed on those who have lived in West Virginia, had a long tenured association with agriculture, forestry and family life, have made outstanding, direct contributions to those industries and demonstrated the highest standards of leadership and contribution on a local, state, national and/or international level.

Visit https://www.naylornetwork.com/wvf-nwl/articles/?aid=312143&issueID=40946 to view the full article online.