WEST VIRGINIA AND CAVE LAW

      This long-tailed salamander is shown resting on a cave formation. Both are senstive to the stresses of their environment and have no defenses. The GRWA would like to point out some facts about cave law to prevent future acts of vandalism:

West Virginia Cave Law

CHAPTER 20. NATURAL RESOURCES.
ARTICLE 7A. CAVE PROTECTION.
§ 20-7A-1. Definitions.
      Unless the context in which used clearly requires a different meaning, as used in this article:

1. "Cave" means any naturally occurring subterranean cavity. The word "cave" includes or is synonymous with cavern, pit, pothole, well, sinkhole and grotto.
2. "Commercial cave" means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry.
3. "Gate" means any structure or device located to limit or prohibit access or entry to any cave.
4. "Person or persons" means any individual, partnership, firm, association, trust or corporation.
5. "Speleothem" means a natural mineral formation or deposit occurring in a cave. This includes or is synonymous with stalagmites, stalactites, helictites, anthodites, gypsum flowers, needles, angel's hair, soda straws, draperies, bacon, cave pearls, popcorn (coral), rimstone dams, columns, palettes, flowstone, et cetera. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite and other similar minerals.
6. "Owner" means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land.

§20-7A-2. Vandalism; penalties.
      It is unlawful for any person, without express, prior, written permission of the owner, to willfully or knowingly:

1. Break, break off, crack, carve upon, write, burn or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar or harm the surfaces of any cave or any natural material therein, including speleothems;
2. Disturb or alter in any manner the natural condition of any cave;
3. Break, force, tamper with or otherwise disturb a lock, gate, door or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.

      Any person violating a provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred fifty dollars nor more than five hundred dollars, and in addition thereto, may be imprisoned in the county jail for not less than ten days nor more than six months.

§20-7A-3. Sale of speleothems unlawful; penalties.
      It is unlawful to sell or offer for sale any speleothems in this state, or to export them for sale outside the state. A person who violates any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred fifty dollars nor more than five hundred dollars and in addition thereto, may be imprisoned in the county jail for not less than ten days nor more than six months.

§20-7A-4. Biological policy; penalties for violation.
      It is unlawful to remove, kill, harm or disturb any plant or animal life found within any cave: Provided, That scientific collecting permits may be obtained from the director as provided in section fifty, article two of this chapter. Gates employed at the entrance or at any point within any cave shall be of open construction to allow free and unimpeded passage of air, insects, bats and aquatic fauna. A person who violates any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred dollars nor more than five hundred dollars and in addition thereto, may be imprisoned in the county jail for not less than fifteen days nor more than six months.