(a) As used in this act:
(i) "Big game animal" means antelope, bighorn sheep, deer, elk, moose or mountain goat;
(ii) "Exotic species" means any wild animals, including amphibians, reptiles, mollusks, crustaceans or birds not found in a wild, free or unconfined status in Wyoming;
(iii) "Furbearing animal" means badger, beaver, bobcat, marten, mink, muskrat or weasel;
(iv) "Game bird" means grouse, partridge, pheasant, ptarmigan, quail, wild turkey and migratory game birds;
(v) "Game fish" means bass, catfish, crappie, grayling, burbot, northern pike, perch, salmon, sauger, sunfish, trout, walleye or whitefish unless the species is otherwise designated by the commission in specific waters through rule and regulation;
(vi) "Migratory game bird" means all migratory game birds defined and protected under federal law;
(vii) "Predacious bird" means English sparrow and starling;
(viii) "Predatory animal" means:
(A) Coyote, jackrabbit, porcupine, raccoon, red fox, skunk or stray cat; and
(B) Until the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23-1-108, "predatory animal" includes wolves. After that date, "predatory animal" shall include any gray wolf within areas of the state where the state of Wyoming has jurisdiction for wildlife management, but not within an area of the state in which the gray wolf is:
(I) Designated as a trophy game animal under subdivision (xii)(B)(I) or (II) of this subsection.
(II) Repealed By Laws 2012, Ch. 25, § 2.
(ix) "Protected animal" means black-footed ferret, fisher, lynx, pika or wolverine;
(x) "Protected bird" means migratory birds as defined and protected under federal law;
(xi) "Small game animal" means cottontail rabbit or snowshoe hare, and fox, grey and red squirrels;
(xii) "Trophy game animal" means:
(A) Black bear, grizzly bear or mountain lion; and
(B) From and after the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23-1-108:
(I) "Trophy game animal" shall include any gray wolf within those tracts of land within the following described area: northwest Wyoming beginning at the junction of Wyoming Highway 120 and the Wyoming-Montana state line; southerly along Wyoming Highway 120 to the Greybull River; southwesterly up said river to the Wood River; southwesterly up said river to the Shoshone National Forest boundary; southerly along said boundary to the Wind River Indian Reservation boundary; westerly, then southerly along said boundary to the Continental Divide; southeasterly along said divide to the Middle Fork of Boulder Creek; westerly down said creek to Boulder Creek; westerly down said creek to the Bridger-Teton National Forest boundary; northwesterly along said boundary to its intersection with U.S. Highway 189-191; northwesterly along said highway to the intersection with U.S. Highway 26-89-191; northerly along said highway to Wyoming Highway 22 in the town of Jackson; westerly along said highway to the Wyoming-Idaho state line; north along said state line to the southern boundary of Yellowstone National Park; east and north along said boundary to the Wyoming-Montana state line; then east along said state line to Wyoming Highway 120;
(II) "Trophy game animal" shall include any gray wolf located, from October 15 through the last day of February in the subsequent year, within the following described area: beginning at the boundary described in subdivision (B)(I) of this paragraph, where the Bridger-Teton National Forest boundary intersects U.S. Highway 189-191 at Hoback Rim; westerly and then southerly along said forest boundary to its intersection with USFS Road 10125 (McDougal Gap Road); westerly along said road to USFS Road 10138 (Grey's River Road); southerly along said road to Sheep Creek; westerly down said creek to Grey's River; southwesterly up said river to Bear Creek; southwesterly up said creek to the hydrographic divide between Bear Creek and Willow Creek; west from said divide to USFS Road 10080 (Willow Creek Road); northwesterly along said road to Lincoln County Road 123; southerly along said road to USFS Road 10081 (Grover Park Road); southerly then westerly along said road to Lincoln County Road 172; westerly along said road to the junction with Wyoming Highway 237; westerly along said highway to Wyoming Highway 238; southerly along said highway to Lincoln County Road 134; westerly along said road to the Wyoming-Idaho state line; north along said state line to Wyoming Highway 22 where the boundary described in this subdivision will rejoin the boundary described in subdivision (B)(I) of this paragraph.
(xiii) "Wildlife" means all wild mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks, and wild bison designated by the Wyoming game and fish commission and the Wyoming livestock board within Wyoming.
(b) Repealed By Laws 2012, Ch. 25, § 2.
(a) As used in this act:
(i) "Commission" means the game and fish commission of Wyoming;
(ii) "Commissioner" means a member of the commission;
(iii) "Department" means the Wyoming game and fish department;
(iv) "Director" means the director of the department;
(v) "Orders" means orders, rules and regulations;
(vi) "License" means license or permit;
(vii) "Take" means hunt, pursue, catch, capture, shoot, fish, seine, trap, kill, or possess, or attempt to hunt, pursue, catch, capture, shoot, fish, seine, trap, kill, or possess;
(viii) "Person" means an individual, partnership, corporation, company, any other type of association, and any agent or officer of any partnership, corporation, company, or other type of association;
(ix) "Resident" means a United States citizen or legal alien who meets the requirements specified in W.S. 23-1-107 and rules of the commission;
(x) "Nonresident" means any person not a resident;
(xi) "State" means the state of Wyoming unless otherwise indicated;
(xii) The singular includes the plural, the plural the singular, and the masculine the feminine or neuter when consistent with the intent of this act and necessary to effect its purpose;
(xiii) "This act" means W.S. 23-1-101 through 23-6-208 and any future amendments thereto;
(xiv) "Commercial operation or business" means professional guides, outfitters, fur dealers, domesticators of furbearing animals, tanners, taxidermists, game bird farms, fishing preserves, commercial fish hatcheries, seiners, or dealers in live bait;
(xv) "Domicile" means that place where a person has his true, fixed and permanent home to which whenever the person is temporarily absent the person has the intention of returning. To prove domicile in Wyoming under this act a person shall be able to establish that he:
(A) Physically resides in Wyoming;
(B) Has made his permanent home in Wyoming;
(C) Is not residing in Wyoming for a special or temporary purpose; and
(D) Has abandoned his domicile in all other states, territories or countries.
(xvi) "Livestock" means horses, mules and asses, rabbits, llamas, cattle, swine, sheep, goats, poultry, or other animal generally used for food or in the production of food or fiber, and guard animals actively engaged in the protection of livestock. Bison are considered livestock unless otherwise designated by the Wyoming livestock board and the commission;
(xvii) "Home of record" means the place recorded, on military form DD 214, as the home of the individual at the time he enlisted, was commissioned or initially ordered to active duty in the military. The home of record may be changed only if there has been a break in service of one (1) full day;
(xviii) "Electronic licensing" means a system for the issuance of licenses, stamps and tags as an alternative to issuing original paper licenses, stamps and tags. An electronic licensing system is a system in which the license, stamp or tag, or authorization therefor, is received through a point of sale terminal or through a computer.
23-1-103. Ownership of wildlife; purpose of provisions.
For the purpose of this act, all wildlife in Wyoming is the property of the state, including shed antlers or horns located on state or public lands. It is the purpose of this act and the policy of the state to provide an adequate and flexible system for control, propagation, management, protection and regulation of all Wyoming wildlife. There shall be no private ownership of live animals classified in this act as big or trophy game animals or of any wolf or wolf hybrid.
23-1-104. Federal game preserves also state preserves.
All federal game preserves and sanctuaries now existing, or hereafter created, are state game animal, bird and fish preserves for the purposes of this act.
23-1-105. Migratory bird refuge in Seedskadee area.
(a) The state consents to the acquisition by the United States by purchase, gift, devise, or lease of land or land covered by water in the amount of twenty thousand (20,000) acres in the Seedskadee area in Sweetwater county where approved by the commission and the state land board. The acquisition shall be as the United States may deem necessary for the establishment and maintenance of migratory bird refuges in accordance with and for the purposes of the act of congress approved February 18, 1929 entitled "Migratory Bird Conservation Act," 16 U.S.C. §§ 715 through 715s, and amendments thereto, and the act of congress entitled "Migratory Bird Hunting Stamp Act," 16 U.S.C. §§ 718 through 718k and amendments thereto.
(b) The land or land under water may be used by the United States as refuge for migratory birds. Wyoming reserves full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control of the areas by the United States under the terms of the acts of congress stated herein. If the land or land under water is purchased by the United States, the deed shall contain a clause that in the event the land or land under water ceases to be used as a migratory bird refuge, it shall revert to the state.
(c) The owner of any land to be acquired under this section is entitled to reserve all oil, gas, coal or other minerals owned by him in or upon the land together with the right to enter upon the land for exploration, development, and production of oil, gas, coal, or other minerals.
23-1-106. Migratory bird refuge in Bear river area.
(a) Subject to acceptance by the United States fish and wildlife service of the provisions contained in this section, the state consents to the acquisition by the United States by purchase, gift, devise or lease of land or land covered by water along the Bear river or in the Bear river area in Lincoln county as provided in subsection (f) of this section. The acquisition shall be as the United States may deem necessary for the establishment and maintenance of migratory bird refuges in accordance with and for the purposes of the act of congress approved February 18, 1929 entitled "Migratory Bird Conservation Act", 16 U.S.C. §§ 715 through 715s, P.L. 70-770, the act of congress approved March 16, 1934 entitled "Migratory Bird Hunting Stamp Act", 16 U.S.C. §§ 718 through 718k, and the act of congress approved September 3, 1964 entitled "Land and Water Conservation Fund Act of 1965", 16 U.S.C. §§ 460l-4-460l-11, P.L. 88-578, as these acts are amended as of January 1, 1989. Wyoming reserves full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection and control of the areas by the United States under the acts of congress specified in this subsection except as provided in subsection (d) of this section.
(b) The acquisition of land or interests in land shall be conducted on a willing seller-willing buyer basis and eminent domain shall not be utilized as a land acquisition method except where a landowner and the United States mutually agree in writing to a quiet title action. Unless otherwise negotiated in any arms-length agreements, an owner of land or land under water to be acquired under this section is entitled to reserve all oil, gas, coal or other minerals owned by him in or upon the land together with the right to enter upon the land for exploration, development and production of oil, gas, coal or other minerals.
(c) The board of land commissioners is authorized to enter into agreements to sell, lease or otherwise negotiate interests in state land with the United States. State-owned land or land under water located within the project may be purchased or leased by the United States as a refuge for migratory birds, except that oil, gas, coal and other minerals shall be reserved by the state. If any state-leased land or land under water ceases to be used as a migratory bird refuge, the lease shall be cancelled and the interests reverted to the state.
(d) Consent to the acquisition of land by the United States for the purpose of this section is conditioned upon the United States executing appropriate agreements with the state engineer which state:
(i) The United States shall comply with state water law, including the amended Bear River Compact and rules and regulations of the state engineer and the state board of control, in acquiring and exercising water rights for any and all beneficial uses related to the refuge;
(ii) No rights to use of water shall be implied by the creation of the refuge, and nothing in this section shall be construed as establishing a reserved water right for the United States;
(iii) No water rights shall be condemned to provide water for the refuge; and
(iv) Historic use practices shall be addressed.
(e) Consent of the state for acquisition of land under this section shall not be interpreted as consent to the development of the refuge.
(f) The consent provided in subsection (a) of this section is limited to lands acquired by the United States prior to January 1, 2017 consisting of approximately seven thousand (7,000) acres.
23-1-107. Residency for obtaining game and fish licenses.
(a) Except as otherwise provided in this section, to qualify for any resident game and fish license, preference point, permit or tag issued under this act, a person shall be domiciled in Wyoming for not less than one (1) full year immediately preceding the date the person applies for the license, preference point, permit or tag and shall not have claimed residency in any other state, territory or country for any purpose during that one (1) year period.
(b) Each person applying for a license, preference point, permit or tag under this act shall establish his own residency status independently or as provided in this subsection or subsection (g) of this section. A minor dependent shall qualify as a resident if:
(i) His custodial parent qualifies as a resident under this act; or
(ii) His noncustodial parent qualifies as a resident under this act and the minor is or will be residing in this state with the noncustodial parent during any portion of the calendar year in which the license, permit or stamp is to be used or in the case of a preference point the calendar year in which the preference point is to be accumulated.
(c) A person other than a minor dependent qualifying under subsection (b) of this section, shall lose his residency in Wyoming if he moves to another state, territory or country and makes it his domicile, or makes any claim of residency for any purpose to that state, territory or country. Provided he does not claim residency in any other state, territory or country for any purpose, a person shall not gain or lose residency in Wyoming merely by reason of his presence in or absence from the state while:
(i) Temporarily employed in the service of the United States;
(ii) A patient at a hospital or institution; or
(iii) Serving full time for a period not to exceed four (4) years in an established volunteer service program for religious, charitable or humanitarian purposes.
(d) A person shall lose his residency in Wyoming if he resides in any other state, territory or country for an aggregate of one hundred eighty (180) days or more in a calendar year, unless he qualifies as a resident under subsection (b), (c), (e) or (f) of this section. A person who resides in any other state, territory or country other than Wyoming, for less than an aggregate of one hundred eighty (180) days in a calendar year, may maintain residency in Wyoming under this act only if he qualifies as a resident under subsection (b), (c), (e) or (f) of this section or if:
(i) The person had originally established residency by being domiciled for one (1) full year in Wyoming prior to leaving the state for a temporary purpose;
(ii) The person's domicile or established, fixed and permanent home consists of real property situated in Wyoming. A mailing address is not sufficient evidence of domicile or a permanent home. Mere ownership of real property is not sufficient evidence to establish domiciliary intent;
(iii) The person is absent from Wyoming on a temporary basis and has the intention of returning to the state; and
(iv) The person makes no claim for residency in any other state, territory or country for any purpose during the time the person is absent from Wyoming.
(e) A person may remain a Wyoming resident while attending school in another state, territory or country if:
(i) The person does not pay resident tuition fees; and
(ii) The person continues to maintain Wyoming residency and does not claim residency in any other state, territory or country for any purpose.
(f) Any active duty member of the armed forces of the United States who has been stationed in Wyoming for ninety (90) days shall qualify as a resident under this section so long as the member remains stationed in Wyoming. Any person serving in active military duty in any other state, territory or country, may maintain resident status if the person:
(i) Is not a civilian employee of the military;
(ii) Makes no claim of residency in any other state, territory or country for any purpose; and
(iii) Was a resident of Wyoming when he entered the military service and Wyoming remains his declared home of record or the person:
(A) Makes no current claim of residency in any other state, territory or country for any purpose;
(B) Has established his home of record in Wyoming; and
(C) Has maintained his voter registration in Wyoming.
(g) The spouse and minor dependents of a person qualifying as a resident under subsection (f) of this section shall qualify as resident for the same periods unless they have made a claim of residency in any other state, territory or country for any purposes during those periods.
(h) An applicant shall provide proof of residency and swear to an oath of residency when making application for, or attempting to purchase, a resident license, preference point, permit or tag under this act. License selling agents and the department shall consider as documentary evidence of residency any of the following:
(i) A Wyoming driver's license, identification card issued under title 31 of the Wyoming statutes, or a copy thereof;
(ii) A copy of the applicant's school records or military form DD 214, which indicates Wyoming as the applicant's domicile and home of record;
(iii) A proof of residency statement on a form provided by the department that has been completed and signed by the applicant. Any active duty member of the armed forces, his spouse or minor dependent of the active duty member making application for or purchasing a resident license, preference point, permit or tag shall be required to complete and submit the proof of residency statement; or
(iv) A minor dependent may use as proof of residency the documentary evidence of his parent or legal guardian.
(j) The commission may promulgate rules and regulations in accordance with the Wyoming Administrative Procedure Act to ensure that only bona fide Wyoming residents as defined in this act are issued resident game and fish licenses, preference points, permits and tags.
23-1-108. Delisting of gray wolves as experimental,
nonessential population, endangered species or threatened species. Gray wolves shall be deemed removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming upon final publication in the Federal Register by appropriate federal agencies removing the gray wolf from all listings as an experimental nonessential population, endangered species or threatened species in Wyoming.
(a) The Wyoming game and fish commission is continued in existence.
(b) The commission shall be composed of eight (8) members including the governor as an ex officio member. Not more than seventy-five percent (75%) of the appointed commissioners shall be of the same political party, and all appointed commissioners shall have a general knowledge of wildlife and wildlife propagation, management, and control.
(c) Commencing in 1973, a commissioner shall be appointed from each appointment district pursuant to W.S. 9-1-218.
(d) Commissioners shall be appointed by the governor with the advice and consent of the senate for a term of six (6) years to commence March 1, except the first term for two (2) appointees shall be two (2) years and for two (2) appointees shall be four (4) years as designated by the governor prior to submission to the senate. Terms of current appointees are ratified and continued in existence until terms of new appointees under this section become effective. The governor shall fill any vacancy as provided in W.S. 28-12-101.
(e) Each commissioner shall execute and file the oath of office as prescribed by the Wyoming constitution with the secretary of state.
Commissioners shall receive seventy-five dollars ($75.00) per day but not more than four thousand dollars ($4,000.00) per year as salary for attendance at commission meetings and other meetings related to department business in their official capacity as commissioners. Commissioners shall be reimbursed for travel and other expenses incurred in performance of their official duties in the same manner and amount as state employees.
(a) The commission shall have its principal office at Cheyenne. The members of the commission shall meet during March of each year for election of officers. Those elected shall hold office for one (1) year or until their successors are chosen. Other meetings of the commission may be held at such times and places as the commission deems desirable or necessary. Unless waived by all commissioners, the members of the commission shall be notified of the time and place of meetings by written notice.
(b) A majority of the commission constitutes a quorum to transact business. The presiding officer of the commission has the authority to maintain order in all meetings.
(a) The commission is directed and empowered:
(i) To fix season and bag limits, open, shorten or close seasons including providing for season extensions for hunters with disabilities as established by commission rules and regulation, on any species or sex of wildlife for any type of legal weapon, except predatory animals, predacious birds, protected animals, and protected birds, in any specified locality of Wyoming, and to give notice thereof;
(ii) To establish zones and areas in which trophy game animals may be taken as game animals with a license or, with the exception of gray wolves, in the same manner as predatory animals without a license, giving proper regard to the livestock and game industries in those particular areas;
(iii) To acquire lands and waters in the name of Wyoming by purchase, lease, agreement, gift or devise, not including powers of eminent domain, and to develop, improve, operate, and maintain the same for the following purposes:
(A) Fish hatcheries, rearing ponds, game farms, and bird farms;
(B) Management of game animals, protected animals and birds, furbearing animals, game birds, fish, and their restoration, propagation, or protection;
(C) Public hunting, fishing, or trapping areas as places where the public may hunt, trap, or fish in accordance with law.
(iv) To acquire easements and construct suitable access roads leading to public lands and department lands and waters acquired pursuant to W.S. 23-1-302(a)(iii);
(v) To sell, exchange, lease or assign any fee ownership interest in any land, water, or other property heretofore or hereafter acquired;
(vi) To capture, propagate, transport, buy, sell, or exchange any species of game animal, bird, fish, fish eggs, or furbearing animal needed for propagation or stocking purposes, and to exercise control over undesirable species and protected species;
(vii) To direct the capture of any of the wildlife of Wyoming in localities where species are abundant and to transport and distribute any wildlife as in the judgment of the commission is for the best interests of Wyoming;
(viii) To authorize the chief game warden or his designee to kill any wildlife in Wyoming when in the judgment of the commission the killing is necessary or when the animals or birds are doing substantial damage to property. The animals or birds so killed may be sold or otherwise disposed of within Wyoming;
(ix) To make suitable provisions for the feeding of elk subject to the requirements imposed under W.S. 23-1-305, and other game animals, birds, and fish of Wyoming in such localities as may be deemed necessary;
(x) To enter into cooperative agreements with educational institutions and other agencies to promote wildlife research;
(xi) To enter into cooperative agreements with federal agencies, corporations, associations, individuals, and landowners for the development of state control of wildlife management and demonstration projects;
(xii) To supervise the protection, management, and propagation of fish and all fish culture of a public nature and the fish hatcheries now owned or established in the future by Wyoming;
(xiii) To grant licenses for scientific or educational purposes to capture, take, or ship out of Wyoming, under the supervision of the commission, such wildlife or nests or eggs of nonpredacious birds as the commission may deem proper. The commission shall limit the number of any species so taken and establish appropriate compensation;
(xiv) To prescribe the requirements and form, including electronic licensing format, for the licenses, stamps and tags provided for in this act, to issue licenses, stamps and tags under the provisions of this act, including through electronic licensing, to make regulations for the sale and record of licenses, stamps and tags, including sale by electronic licensing, and to distribute licenses, stamps, tags and electronic equipment and software programs associated with electronic licensing only to persons authorized by the commission to issue licenses, stamps or tags;
(xv) To require record keeping and the submission of reports of any specified information from any type of commercial operation or business authorized under this act;
(xvi) To provide for the enforcement of this act;
(xvii) To provide for the employment of office and field help to administer this act. Salaries shall be determined and fixed as provided by law;
(xviii) To open game preserves for hunting when they are overstocked or a serious shortage of feed exists. These preserves shall be so managed that they do not cause overstocking or other damage to the surrounding area;
(xix) To designate as protected, game, or predatory, any species not designated in W.S. 23-1-101, and to establish rules and regulations necessary for control of the species so designated. The designation may apply to portions of or the entire state;
(xx) To authorize the collection, classification, and dissemination of such statistics, data and information as in its discretion will tend to promote the objects and purposes of this act;
(xxi) To establish check stations to check licenses and to establish kill or catch reports, and to designate the location of check stations in yearly hunting regulations;
(xxii) To promulgate such orders as the commission considers necessary to carry out the intent of this act;
(xxiii) To create new divisions or abolish any existing divisions within the department as necessary to effectively administer and enforce this act;
(xxiv) To approve and make public budgets and establish policy for the department;
(xxv) To regulate the use of power vehicles on land owned or leased by the commission;
(xxvi) To regulate or prohibit the importation of exotic species, small game animals, furbearing animals, protected animals, game birds, migratory birds, protected birds, and fish into Wyoming, and to regulate and permit the importation of big or trophy game animals into Wyoming only for exhibition purposes or for zoos;
(xxvii) To designate individual bison or identifiable herds of bison as wildlife when the action is subsequently approved by the Wyoming livestock board;
(xxviii) To reject or to accept and expend for purposes authorized under this section any and all gifts of cash, stocks, bonds or any other form of monies. Gifts shall be deposited and expended as provided in W.S. 23-1-501;
(xxix) After the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23-1-108, to set seasons and bag limits for gray wolves designated as trophy game animals pursuant to W.S. 23-1-101(a)(xii)(B)(I) and (II), and to regulate the number of gray wolves which may be taken under a license issued under this act or as necessary to carry out the commission's duties under this act;
(xxx) To prohibit and regulate the administration of any chemical or biological substance or physical procedure to wildlife under the management and jurisdiction of the commission for the purpose of controlling fertility or reproduction;
(xxxi) To regulate and control the collection of shed antlers and horns of big game animals for the purpose of minimizing the harassment or disturbance of big game populations on public lands west of Interstate 90 from the Wyoming-Montana state line to Buffalo and west of Interstate 25 from Buffalo to the Wyoming-Colorado state line any time during the year, subject to the provisions for bighorn sheep horns in W.S. 23-3-117. Pursuant to this paragraph the commission shall establish by rule:
(A) A requirement for nonresidents to obtain a conservation stamp for the collection of big game animal shed antlers and horns on designated state or public lands and dates when this requirement shall be applicable. A conservation stamp shall not be required for residents of Wyoming or any person under fifteen (15) years of age;
(B) Seasons for the collection of big game animal shed antlers and horns on designated state or public lands. Any season to collect big game animal antlers and horns shall begin for residents seven (7) days before the start of the season for nonresidents.
(xxxii) To adopt rules regulating, limiting or prohibiting the use of hunting technologies and the selling of wildlife geographic locations. "Hunting technologies" shall be limited to those technologies specified in subparagraphs (A) through (C) of this paragraph. No rule adopted pursuant to this paragraph shall apply to the taking of predatory animals as defined in W.S. 23-1-101(a) or to the use of hunting technologies by USDA APHIS wildlife damage management personnel when acting in their official capacity. Nothing in this paragraph shall be interpreted to limit any other authority of the commission provided in this act to regulate the taking of wildlife. Before promulgating any rule under this paragraph, the commission shall submit the proposed rule in writing to the joint travel, recreation, wildlife and cultural resources interim committee and appear before the committee upon request. Rules promulgated under this paragraph shall only apply to:
(A) Thermal or infrared imaging or other imaging outside the normal visible light spectrum;
(B) Real time video photography equipment or video imaging viewable remotely; or
(C) The selling of wildlife geographic locations.
(xxxiii) To consider establishing and regulating resident mountain lion pursuit seasons. In any areas of the state where mountain lion hunting has been authorized and during a mountain lion pursuit season, a resident may use dogs to pursue a mountain lion but no mountain lion shall be killed.
(b) Notwithstanding subsection (a) of this section:
(i) The commission shall not ban the use of lead shot except in areas where shotgun shell pellets will exceed twenty thousand (20,000) per acre as determined by sampling methods approved by the commission. Banned lead shot areas shall not exceed areas reasonably necessary for practical enforcement of the ban;
(ii) This subsection does not apply if federal regulations are adopted forcing the designation of areas in addition to those specified in paragraph (i) of this subsection as nontoxic shot zones. The commission shall negotiate with the United States Fish and Wildlife Service to minimize the extent to which lead shot is banned;
(iii) The commission shall not assert any claim based upon adverse possession or a prescriptive easement as a basis to acquire any interest in real property. Provided, however, that the commission may assert a claim of adverse possession or prescriptive easement as a basis for correcting or interpreting a defect in a written grant of an interest in real property.
(c) Repealed by Laws 1988, ch. 79, § 11.
(d) Repealed by Laws 1988, ch. 79, § 11.
(e) Repealed by Laws 1988, ch. 79, § 11.
(f) Repealed by Laws 1988, ch. 79, § 11.
(g) Repealed by Laws 1988, ch. 79, § 11.
(h) For purposes of promoting the maintenance of wildlife habitat and attaining wildlife management objectives pursuant to W.S. 23-1-103 and in addition to duties prescribed under paragraph (a)(xiv) of this section, the commission shall promulgate rules and regulations governing the issuance of elk, deer, antelope and turkey hunting licenses to Wyoming landowners without subjection to prescribed means of competitive public issuance. Fees assessed for licenses authorized under this subsection shall be equal to fees prescribed under W.S. 23-2-101(j) for each species for which the license is issued.
(j) For the purpose of attaining and maintaining wildlife management objectives, the commission may designate funds not to exceed four percent (4%) of all license fees under this title annually plus any amount collected under W.S. 23-2-101(q) to be used for management and control of predator populations.
(k) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the commission, the commission shall notify the party named in the court order of the withholding, suspension or restriction in accordance with the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
(m) The commission shall by rule and regulation provide for the issuance of a disabled hunter companion permit. An individual acting in accordance with a permit issued pursuant to this subsection shall not be in violation of any provision of this act or rule or regulation of the commission prohibiting the taking of a game animal without a license. The permit shall:
(i) Repealed By Laws 2013, Ch. 54, § 2.
(ii) Authorize the permit holder to reduce to possession any animal the disabled hunter has lawfully wounded or killed under authority of a license issued under this act which he is physically incapable of pursuing;
(iii) Require that the licensed hunter or the permit holder tag any animal retrieved under authority of the permit, if otherwise required by this act;
(iv) Be issued in accordance with commission rules and regulations specifying the physical limitations which must be met by the disabled hunter and the requirements for the permit holder;
(v) Be issued for a fee established by the commission in an amount not to exceed five dollars ($5.00).
(n) In order to mitigate detrimental impacts to Wyoming from wildlife species including endangered species, which have been or may be introduced, planted or propagated in Wyoming, excluding Yellowstone National Park, by any federal agency, the commission shall demand reimbursement from the federal government for damages to Wyoming wildlife and wildlife habitat caused by any species, including endangered species, introduced within Wyoming under federal mandates or programs.
(o) The commission may, by rule and regulation, establish an electronic licensing system and prescribe the manner of payment for any electronic payment accepted by the department. For purposes of facilitating the implementation of an electronic licensing system, the commission may:
(i) Enter into agreements with the state treasurer to establish an electronic funds transfer system;
(ii) Permit license selling agents to authorize an electronic funds transfer to a collection account as set forth by commission rule and regulation;
(iii) Charge the license selling agent an additional fee of not more than thirty dollars ($30.00) for each nonsufficient funds debit from the license selling agent's account; and
(iv) Promulgate all other necessary rules and regulations to effectuate electronic licensing.
(p) The commission may, by rule and regulation, establish a process by which big game licenses, trophy game licenses and wild bison licenses may be issued by a competitive raffle and prescribe the manner of payment for which raffle chances are sold and the amount of payment for each raffle chance. No more than two (2) licenses for each big game species and trophy game species and no more than two (2) wild bison licenses shall be issued under this subsection. Each license issued for bighorn sheep, moose, mountain goat, grizzly bear or wild bison through a competitive raffle shall, when applicable, be counted against any nonresident quota. The five (5) year restriction imposed on the receipt of a moose or bighorn sheep license by W.S. 23-1-703(b) or the lifetime restriction imposed on the receipt of a grizzly bear, mountain goat, bighorn sheep, wild bison or moose license by W.S. 23-1-703(c), and any restriction imposed on the receipt of a wild bison license by W.S. 23-2-107 shall not be applicable in any manner to a license issued pursuant to this subsection. The commission shall issue licenses upon receipt of the proper license fee by the successful competitive raffle winner. Nothing in this subsection shall authorize the issuance of a license to any person whose privilege to procure, purchase or possess a license has been suspended pursuant to this act or by operation of law.
(q) The commission shall, by rule and regulation, establish a process for issuing a resident lifetime fishing license and conservation stamp at no cost to any resident who is permanently and totally disabled. As used in this subsection, "permanently and totally disabled" means the presence of a permanent physical or mental condition that prevents a person from engaging in substantial gainful activity.
(r) The following shall apply to information collected by the commission or the department:
(i) Personally identifiable and geographic information associated with the legal taking of wildlife within this state is solely for the use of the commission, department or appropriate law enforcement office and is not a public record for purposes of W.S. 16-4-201 through 16-4-205;
(ii) Information subject to paragraph (i) of this subsection shall not be released or otherwise publicly disseminated by the commission or department for any purpose unless authorized in writing by the person legally taking wildlife;
(iii) Subject to paragraphs (i) and (ii) of this subsection, information related to legally taking wildlife on private land shall not be a public record for purposes of W.S. 16-4-201 through 16-4-205 and shall not be released or otherwise publicly disseminated by the commission or department unless authorized in writing by the landowner or manager of the land where the taking occurred;
(iv) The department shall promulgate rules necessary to implement this subsection.
23-1-303. Promulgation of orders; closing of hunting areas; promulgation of rules.
(a) All orders of the commission shall be written and the original signed by the presiding officer of the commission. Copies of the orders shall be signed by facsimile signature of the presiding officer of the commission.
(b) All persons authorized to sell licenses and tags shall deliver upon request a copy of the order to each purchaser of a license or tag.
(c) When any commission order closes any area of land, lake, or stream from hunting or fishing, a concise description of the area, lake, or stream closed shall be posted in the manner and place determined by the commission to be adequate notice of the closure.
(d) Repealed by Laws 1989, ch. 200, § 2.
(e) Rules and regulations of the commission and department shall be promulgated in accordance with the provisions of the Wyoming Administrative Procedure Act.
(a) The commission shall by rule and regulation set seasons and bag limits within those areas where gray wolves are designated as trophy game animals pursuant to W.S. 23-1-101(a)(xii)(B)(I) and (II). The seasons and bag limits shall be set annually in a manner the commission determines, through rule and regulation, as necessary to reasonably ensure at least ten (10) breeding pairs of gray wolves and a total of at least one hundred (100) individual gray wolves are located in this state outside of Yellowstone National Park and the Wind River Indian Reservation at the end of the current calendar year.
(b) Repealed by Laws 2007, Ch. 168, § 5.
(c) For purposes of this section "breeding pair" means an adult male and an adult female gray wolf raising at least two (2) pups of the year until December 31. The number of breeding pairs shall be certified by the department prior to January 31 of each year.
(d) The department shall institute and maintain an active program of population monitoring statewide subject to the following:
(i) Population monitoring shall include techniques that accurately determine the population and movement of gray wolves in areas of the state where gray wolves are designated as trophy game animals;
(ii) The commission is authorized to enter into memoranda of understanding with the United States fish and wildlife service or other federal agencies to ensure accurate and adequate monitoring of wolf population levels and movements;
(iii) In all areas of the state, except where otherwise provided, any person who takes a wolf shall notify the department where the take occurred within ten (10) days;
(iv) In areas of the state where gray wolves are designated as trophy game animals, any person who takes a wolf shall notify the department of the take and where the take occurred within a time period set by rule and regulation, which shall not exceed seventy-two (72) hours;
(v) In areas of the state where gray wolves are designated as trophy game animals, any person who takes a wolf shall submit the wolf or parts thereof, as defined by rule and regulation, to the department for inspection within a time period established by rule and regulation which will not exceed ten (10) days;
(vi) Any information regarding the number or nature of wolves legally taken within the state of Wyoming shall only be released in its aggregate form and no information of a private or confidential nature shall be released without the written consent of the person to whom the information may refer. Information identifying any person legally taking a wolf within this state is solely for the use of the department or appropriate law enforcement offices and is not a public record for purposes of W.S. 16-4-201 through 16-4-205.
(e) The department shall actively monitor big game animal herd populations statewide to determine whether and to what extent the gray wolf is negatively impacting big game animal herds, and thereby hunting opportunities. To the extent permitted by this title, and notwithstanding other provisions of this title by those means authorized by the commission, the department shall manage the gray wolf population as necessary to ensure the long-term health and viability of any big game animal herd that is being threatened in this state.
(f) This section shall apply from and after the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23-1-108.
(g) The commission is authorized, through rule and regulation, to use management techniques including the use of aerial hunting and hazing by the department and issuance of permits to private landowners to take wolves to protect private property including, but not limited to, livestock and other domesticated animals from wolf depredation.
(h) Within forty-eight (48) hours of receiving notification from a landowner or his designee that any gray wolf in those areas of the state where gray wolves are designated as trophy game animals has harassed, injured, maimed or killed livestock or any domesticated animal, the department shall respond and initiate appropriate management actions. The department may use the management techniques authorized under subsection (g) of this section or any other management methods necessary, to minimize the harassing, injuring, maiming or killing of livestock and other domesticated animals in those areas of the state where gray wolves are designated as trophy game animals.
(j) At any time that there exists the number of breeding pairs of gray wolves and the number of individual gray wolves specified in subsection (a) of this section, the department is authorized to take any action necessary to reduce the effects of gray wolf predation on wild ungulate herds in areas of the state experiencing unacceptable impacts from gray wolf predation.
(k) The commission is authorized to enter into memoranda of understanding with any federal agency or other state's wildlife agency to carry out any provision of this section and Wyoming's wolf management plan, including the use of aerial hunting.
(m) The commission shall promulgate rules and regulations authorizing lethal control of wolves harassing, injuring, maiming or killing livestock or other domesticated animals and for wolves occupying geographic areas where chronic wolf predation occurs. The rules and regulations shall provide that nonlethal control actions will be used if lethal control could cause relisting of wolves under the endangered species act or if requested by the livestock or domesticated animal owner or agent.
(n) The commission shall promulgate rules and regulations providing for issuance of permits to landowners or livestock owners for removing wolves which are harassing, injuring, maiming or killing livestock or other domesticated animals and for wolves occupying geographic areas where chronic wolf predation occurs. Permits issued or renewed under this subsection shall be valid for not more than forty-five (45) days from issuance or renewal. The permits shall be issued as long as the removals authorized by such permits could not reduce the numbers of gray wolves below ten (10) breeding pairs or a total of one hundred (100) individual gray wolves within the state and outside of Yellowstone National Park and the Wind River Indian Reservation. The rules shall provide for suspending the issuance of permits or cancelling existing permits if further lethal control could cause the numbers of gray wolves to be reduced below ten (10) breeding pairs or a total of one hundred (100) individuals in the state outside of Yellowstone National Park and the Wind River Indian Reservation.
(o) The commission shall promulgate rules and regulations establishing a fair compensation program to compensate for wolf predation on livestock as provided in W.S. 23-1-901.
(p) Repealed by Laws 2008, Ch. 44, § 2.
23-1-305. Closure of elk feedgrounds; alternative feeding sites; reporting requirement.
(a) Except as authorized by subsection (b) of this section, any elk feedground authorized or administered by the commission as of July 1, 2021 and in accordance with W.S. 23-1-302(a)(ix), shall only permanently cease operations or be subject to closure by the department or commission upon a recommendation for a feedground closure by the commission and subsequent order of the governor. Any closure order issued by the governor shall only be valid and lawful upon satisfaction of the following conditions:
(i) The commission shall provide its recommendation to the governor for the closure of the elk feedground and concurrently to the Wyoming livestock board. Upon receipt of the commission's recommendation, the board shall provide its opinion to the governor on whether the board believes the closure of the elk feedground is appropriate;
(ii) The commission, in consultation with the Wyoming livestock board, shall conduct not less than one (1) public meeting in a location that is reasonably calculated to foster the most public participation by the people directly impacted by the proposed closure and by other vested stakeholders. The public meeting shall be held after the commission and the board have acted as required under paragraph (i) of this subsection. The commission shall compile the comments received as a result of the public meeting and provide those comments to the governor for the governor's consideration on whether to issue an elk feedground closure order.
(b) Any elk feedground authorized or administered by the commission may be temporarily closed by order of the governor due to emergency circumstances for a period not to exceed six (6) months after which the feedground shall only remain closed in accordance with subsection (a) of this section.
(c) The commission is authorized to contract or lease private lands or lands owned by the state for the purpose of relocating an elk feedground authorized or administered under W.S. 23-1-302(a)(ix), which would otherwise be subject to closure under this section.
(d) For any elk feedground authorized or administered under W.S. 23-1-302(a)(ix), which utilizes federal public lands, the department shall report to the joint travel, recreation, wildlife and cultural resources interim committee upon the department receiving notice that the federal authorization permitting the use of the federal public lands will not be reissued or will be revoked. The report required by this subsection shall include draft contingency plans, including associated costs with implementing the plans, identifying any appropriate private lands, lands owned by the commission or lands otherwise owned or under the authority of the state of Wyoming for the purpose of supplementing or relocating the feedground operation that is affected by the expiration of any federal public land authorization. The office of state lands and investments shall cooperate with the commission in identifying any alternative feedground sites consistent with this section.
(e) Nothing in this section shall be construed to prohibit the department from continuing to administer authorized elk feedground operations, including:
(i) Commencing and ending annual elk feedground operations on dates determined by the department; and
(ii) Conducting emergency elk feeding operations when deemed necessary by the department.
23-1-401. Game and fish department; creation; control.
(a) The Wyoming game and fish department is created.
(b) The department is under the direction and supervision of the commission.
(c) The department consists of the director who is the chief administrative officer and such divisions as the commission may create.
23-1-402. Game and fish director; appointment; salary; term of office; qualification; duties and authority.
(a) The governor shall appoint a competent person as the director of the department as provided in W.S. 9-2-2010 at a salary determined by the commission, not to exceed the sum set by law.
(b) The director shall hold office at the pleasure of the governor and may be removed by him as provided in W.S. 9-1-202.
(c) The director is the chief administrative head of the department with general supervision and control of all activities, functions, and employees of the department, under the direction and supervision of the commission. He shall devote his entire time to the performance and supervision of the duties conferred on him by the commission and by law.
The commission shall appoint a chief fiscal officer of the commission in the manner provided by law. The chief fiscal officer shall act as secretary of the commission and perform such other duties as may be directed by the director. He is removable as provided by law.
23-1-404. Chief game and fish wardens; division chiefs.
(a) The director, with the consent of the commission, shall appoint a chief game warden, a chief fish warden, and any necessary division chiefs as provided by law.
(b) The chief game warden, chief fish warden, and division chiefs shall be men of knowledge and experience in the fields administered by their respective divisions, shall be the administrative head of their respective divisions, shall have administrative supervision of all activities and personnel of their respective divisions subject to the approval of the director, and shall devote their entire time to the service of the state in discharge of their official duties as provided by law and as prescribed by the commission. They are removable as provided by law.
23-1-405. Game wardens; appointment based on competitive examination; investigation; removal.
All appointments of game wardens shall be based on competitive examinations. Applicants shall be knowledgeable of wildlife, and of the duties and responsibilities of game wardens. The commission shall provide for the investigation of the qualifications of each applicant. Examinations shall be held at selected points throughout Wyoming. Game wardens are removable as provided by law.
(a) The Wyoming game and fish fund is continued in existence.
(b) All revenue received by the commission or department shall be deposited in the state treasury and credited to the Wyoming game and fish fund. Monies in the fund designated by the commission for investment in the Pool A investment account shall be invested pursuant to W.S. 9-4-715(p). The commission may establish accounts within the fund to carry out the purposes of this act, in addition to those accounts established by law. The Wyoming game and fish fund shall be expended as the commission may direct to carry out the purposes of this act and for no other purpose, except that the legislature may appropriate so much thereof as necessary for expenses of any authorized legislative committee to study matters relating to the commission or department. Expenditures from the Wyoming game and fish fund shall be made only by warrant issued by the state auditor upon vouchers signed by the director and chief fiscal officer, or other persons designated by the commission to sign in their absence, substantiated and approved as provided by law.
(c) An account within the Wyoming game and fish fund is created. Revenues collected from the sale of licenses under W.S. 23-2-101(j)(vii), (viii) and (xlvi) and 23-2-201(d)(viii) shall be deposited within the account. The commission may annually transfer into the fund from the account an amount not to exceed six percent (6%) of the total account balance.
(d) A trust account within the Wyoming game and fish fund is created. Gifts accepted by the commission as provided under W.S. 23-1-302(a)(xxviii) shall be deposited within the account. The commission shall maintain a public record of each donor and the amount of the gift. The commission may make expenditures from the account for any purpose for which the commission is authorized by law to expend funds, subject to any restrictions or conditions placed on the gift by the donor. The commission shall maintain a public record of the amount of each expenditure from the account and the purpose for the expenditure.
(e) An account within the game and fish fund is created. Revenues collected under W.S. 23-2-101(n), 23-2-201(e) and as specified under W.S. 23-2-306(a) and (b) shall be deposited within the account. The commission shall use revenues in the account to purchase access easements to provide access to public and private lands. The commission shall notify in writing the appropriate boards of county commissioners before purchasing any access easements under this subsection. In addition and on or before February 1 of each year, the commission shall annually report to the legislature on easements purchased pursuant to this subsection during the preceding fiscal year.
(f) A trust account separate and apart from the trust account established under subsection (d) of this section is created within the Wyoming game and fish fund. The account shall consist of those funds appropriated or designated to the account by law or by gift from whatever source. Funds deposited within the account are intended to be inviolate and constitute a permanent or perpetual trust account which shall be invested by the state treasurer as authorized by law and in a manner to obtain the highest net return possible consistent with preservation of the account corpus. Earnings from investment of the account corpus shall be credited by the state treasurer into the Wyoming game and fish fund to be expended by the commission for purposes specified under subsection (b) of this section.
(g) An account within the game and fish fund is created. Revenues received pursuant to W.S. 23-4-204 shall be credited to the account and are continuously appropriated to the commission to be expended for the prevention, surveillance, containment and direct and indirect costs associated with the administration of the aquatic invasive species program created under chapter 4, article 2 of this act.
(h) An account within the game and fish fund is created. The portion of the revenues collected as specified under W.S. 23-2-306(e) shall be deposited into the account. Revenues deposited in the account created under this subsection are continuously appropriated to the commission and all earnings on funds in the account shall remain in the account. The commission shall use revenues in the account only as specified in this subsection and subject to the following requirements:
(i) Of the revenues collected, not less than eighty-five percent (85%) shall be used by the commission to purchase access easements or other agreements to provide public access to private, federal and state lands that are difficult to access or inaccessible by the public for hunting and fishing purposes. The commission shall notify the appropriate boards of county commissioners in writing before purchasing any access easements or entering into any agreements under this paragraph and shall hold public hearings at the request of any board of county commissions;
(ii) Of the revenues collected, not greater than fifteen percent (15%) shall be used to provide for wildlife conservation efforts related to the transportation system, including signage, wildlife corridors, wildlife crossings, fish passages and game fences;
(iii) As part of the annual report required under subsection (e) of this section, the commission shall report to the legislature on all expenditures pursuant to this subsection during the preceding fiscal year.
(a) The commission shall govern its financial policies, subject to the written approval of its budgets by the governor and legislative review of its budgets as provided in W.S. 9-2-1011(d). The commission shall fix the budgets for the operation and maintenance of the department and its divisions for each fiscal year at its first stated meeting of each fiscal year, and shall submit its budget estimates for the following fiscal year as provided by W.S. 9-2-1012.
(b) Repealed By Laws 2009, Ch. 90, § 3.
(c) The commission shall not contract any debt, debts, or obligations in excess of twenty percent (20%) of its anticipated revenue for the ensuing year. Any debt created by the commission shall only be paid from the game and fish fund and shall be paid in full within two (2) years from the date it is contracted.
(d) Repealed by Laws 2018, ch. 54, § 2.
(e) Repealed by Laws 2018, ch. 54, § 2.
The commission shall submit an annual report of its official transactions and audit reports, and the conditions of Wyoming wildlife in accordance with W.S. 9-2-1014.
23-1-504. Free and reduced price license revenue recoupment program.
(a) Not later than July 31, 2007, and not later than July 31 of each subsequent year thereafter, the chief fiscal officer of the game and fish department shall prepare and certify a report of licenses sold or issued in the previous calendar year under the following statutes:
(i) W.S. 23-2-201(f) and (g);
(ii) W.S. 23-2-101(j)(xi), (xvi), (xvii), (xx), (xxi), (xxxii), (xxxiii), (xliv) and (xlv);
(iii) W.S. 23-2-301(c)(xiii);
(iv) W.S. 23-1-705(a), (d), (e) and (h);
(v) W.S. 23-2-207(a); and
(vi) W.S. 23-1-302(q).
(b) The chief fiscal officer of the game and fish department shall submit to the state auditor the report created under subsection (a) of this section with a payment request for the number of licenses of each type sold or issued multiplied by the difference between the amount received by the department for that license and the cost of a full price adult license corresponding with each type of license sold or issued.
(c) Upon receipt of the report and payment request, the state auditor shall transfer to the game and fish fund the amount claimed on the payment request from funds appropriated for this program to the extent available.
(d) The game and fish commission shall prepare a biennial budget request prior to each budget session of the legislature for the purpose of funding the free and reduced price license revenue recoupment program and shall submit the request to the governor pursuant to W.S. 9-2-1010 through 9-2-1013.
23-1-601. Assent to and cooperation with federal wildlife
restoration projects; funds from license fees not to be diverted. The state assents to the provisions of the act of congress entitled "An act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes," approved September 2, 1937 (Public Law No. 415, 75th congress). The commission is authorized to perform such lawful acts as may be necessary in its opinion to the conduct and establishment of cooperative wildlife restoration projects in Wyoming as defined in and in compliance with the preceding act of congress. Hunter license fees may only be used for the administration of the department and commission, and for the protection, propagation, preservation, and investigation of fish and game.
23-1-602. Assent to and cooperation with federal fish
restoration projects; funds from license fees not to be diverted. The state assents to the provisions of the act of congress entitled "An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes," 16 U.S.C. §§ 777 through 777m. The commission is authorized to perform such lawful acts as may be necessary in its opinion to the conduct and establishment of cooperative fish restoration projects as defined in and in compliance with the preceding act of congress. Fishermen license fees may only be used for the administration of the department and commission, and for the protection, propagation, preservation, and investigation of fish and game.
23-1-603. Authorization to transfer conservation stamp receipts to game and fish fund.
To the extent allowed by W.S. 23-1-601 and 23-1-602, the game and fish commission may, from time to time, transfer conservation stamp receipts to the general operating account within the game and fish fund.
23-1-701. Selling agents; administration of oaths; licenses, permits and game tags.
(a) The commission with the advice of the director shall appoint agents to sell game, bird and fish licenses. Any vendor engaged in the commercial sale of sporting goods and equipment who holds a valid sales tax license issued by the department of revenue under W.S. 39-15-106 may apply to the commission and shall be appointed as an agent to sell game, bird and fish licenses, permits and stamps. At the end of each year, the commission shall renew the appointment of agents who had combined game, bird and fish license, permit and stamp sales during that year of not less than one thousand dollars ($1,000.00). Renewal of the appointment of agents selling fish licenses only or agents serving remote locations shall not be subject to the one thousand dollar ($1,000.00) minimum sales requirement. The commission shall provide bonding for agents for the purpose of selling game, bird and fish licenses, permits and stamps. Bonding shall be provided upon receipt of a nonrefundable annual fee of fifty dollars ($50.00). The fees shall be deposited in a bond pool fund except in any month when the bond pool fund contains one hundred thousand dollars ($100,000.00) or more the fees shall be deposited in the game and fish fund. The fee shall be paid to the commission before December 1 preceding the year for which the bond shall be in effect. Newly appointed agents shall pay the same fee immediately upon appointment by the commission to receive bonding for the remainder of the calendar year in which the agent was appointed. All claims against an agent's bond shall be paid from the bond pool account.
(b) Each license selling agent shall charge a fee as provided in this subsection for each license, permit or stamp he sells or distributes pursuant to this act. The fee shall not be charged if this act specifies that the issuance shall be without fee or fails to establish a fee for the issuance of the license, permit or stamp. Each license, permit or stamp sold or distributed under this act shall display the total amount only of all fees and other charges required under this act or otherwise provided by law. Each selling agent shall retain two dollars ($2.00) for each license and fifty cents ($.50) for each stamp or permit he sells. For failure to comply with this section, selling agents shall not be entitled to retain the amounts specified in this subsection and shall be liable on their bond. No employee of the commission shall receive any commission on licenses, stamps or permits sold, but the department shall charge the additional fee specified in this subsection, or otherwise provided by law, for each license, stamp or permit sold by commission employees. The fee charged under this subsection shall be in addition to the amount otherwise established by this act for the license, permit or stamp and shall be as follows:
(i) Two dollars ($2.00) for each license, except that this additional fee shall not be charged for licenses under W.S. 23-1-705(e) or (k), 23-2-101(j)(xi), (xvi), (xvii), (xx), (xxi), (xxxii), (xxxiii), (xliv) or (xlv), 23-2-201(d)(iii) or (iv) or
(f) or 23-2-301(c)(xiii);
(ii) Fifty cents ($.50) for each stamp;
(iii) Fifty cents ($.50) for each permit, except that this additional fee shall not be charged for permits under W.S. 23-1-302(m).
(c) Every selling agent shall file a report with the commission at such times and in such manner as prescribed by commission rule and shall account for all licenses, permits, and stamps received by the selling agent to the commission.
(d) Every person authorized by the commission or by law to sell and issue licenses is authorized to administer oaths.
(e) The department shall supply sufficient numbers of self-locking tags stamped with the words "Wyoming interstate game tag". The commission by rule may authorize the distribution of interstate game tags by taxidermists, meat processing plants or other businesses as the commission determines. The commission by rule may set the commissions for the sale of interstate game tags not to exceed the commissions paid to license selling agents for the sale of licenses. The commission by rule may also set the reporting requirements for businesses authorized to distribute interstate game tags. Interstate game tags shall be furnished through the chief game warden for distribution to the game wardens, and such game tag distributors as the commission may designate. Game wardens and game tag distributors shall collect and remit to the department the proper fee for each Wyoming interstate game tag.
(f) Repealed by Laws 1987, ch. 156, § 2.
(g) License selling agents under this section shall be considered representatives of the game and fish department for the purpose of charging fees for costs of processing payments for sales of licenses, permits or stamps. In addition to fees under subsection (b) of this section a license selling agent may charge and collect from the person tendering payment a fee for the cost of processing the payment in the same manner and amount as established by commission rule for sales directly from the game and fish department.
23-1-702. Duplicate license upon loss or destruction of original; issuance; fees.
When any license issued under this act has been lost or destroyed, the licensee may secure a duplicate of the original license from any district office or any authorized personnel of the department upon the presentation of satisfactory proof that the original license was lost or destroyed. Prior to issuing the duplicate license and in accordance with rule and regulation of the commission, the department may assess a fee of not more than five dollars ($5.00) plus the fees charged under W.S. 23-1-701. Duplicate licenses shall be issued in accordance with procedure established by commission order.
23-1-703. Limitation of number of certain licenses;
reservation of certain licenses; reservation of certain unused licenses.
(a) The commission may limit the number of resident or nonresident big or trophy game animal licenses or wild bison licenses to be sold in any calendar year and may designate dates after which one (1) or more classes of licenses will not be sold except as authorized by the commission.
(b) Subject to subsection (c) of this section, no person may apply for and receive more than one (1) cow or calf moose or one (1) ewe or lamb bighorn sheep license in any consecutive five (5) year period. Licenses issued under this subsection shall be issued partially through a preference point drawing and partially through a random drawing of all remaining unsuccessful applicants for that year. The department shall assign points to each license applicant for a specific species by multiplying the number of years the applicant has unsuccessfully applied for a license times one (1). The calculation used to assign points to an applicant for a particular species under this subsection shall include any year the applicant does not apply for a big or trophy game animal hunting license for that species, provided in the case of a resident the applicant pays the fee specified in W.S. 23-2-101(k), and in the case of a nonresident, the applicant pays the appropriate fee established by the commission under W.S. 23-2-101(m). License applicants within each hunt area for a species shall be grouped according to the number of assigned points for that species. Not less than seventy-five percent (75%) of available licenses within any hunt area shall be randomly selected through a preference point drawing from among the group of applicants with the largest number of assigned points and shall continue until all applicants within that group have been exhausted or until all available licenses have been issued, whichever first occurs. If any applicant grouping has been exhausted and licenses remain available within that hunt area, selection shall continue from among the group of applicants with the next largest number of assigned points. After the selections through the preference point drawing have been completed within a hunt area, the remaining licenses available from that drawing and the licenses available for the random drawing for that hunt area will be issued through a random selection from among all applicants in the hunt area who were not selected for issuance of a license for the species through the preference point drawing in that hunt area. For purposes of assigning points under this subsection, any unsuccessful license applicant failing to apply for a license, or pay the applicable fee in lieu of applying, during the second calendar year shall be considered to be a first year applicant for any subsequent calendar year in which the applicant submits license application for that particular species.
(c) Except as provided in this subsection and subsection
(f) of this section or by rule of the commission, no person who is issued a hunting license on and after July 1, 2022 for a grizzly bear, or for a mountain goat, any moose or antlered moose, any ram bighorn sheep, any bighorn sheep and any wild bison, and no person who, on July 1, 2022, is subject to the five (5) year restriction under subsection (b) of this section for a moose or bighorn sheep license, shall be eligible to apply for or receive a hunting license for that particular species in any future year. The commission may issue hunting licenses to any person in future years when necessary for wildlife management purposes to harvest grizzly bear, mountain goat, ewe or lamb bighorn sheep or cow or calf moose. The commission may issue hunting licenses to any person to harvest cow or calf wild bison pursuant to W.S. 23-2-107(f).
(d) Repealed By Laws 1997, ch. 24, § 2.
(e) The commission shall reserve ninety percent (90%) of the bighorn sheep, wild bison, moose, mountain goat and grizzly bear licenses to be issued in any one (1) year for resident hunters and the remaining ten percent (10%) of the bighorn sheep, wild bison, moose, mountain goat and grizzly bear licenses shall be reserved for nonresident hunters. The commission shall determine the allocation of resident and nonresident mountain lion harvest.
(f) Notwithstanding W.S. 23-1-704, 23-2-101(j) and 23-2-107(e), any person who is issued and purchases a license listed in paragraph (i) of this subsection, but who does not use the license, may reserve a license for the particular species and sex of animal designated on the unused license for use during the immediately succeeding hunting season by applying to the commission in accordance with commission rules as provided in this subsection. Upon receipt of an application that establishes the conditions listed in paragraphs (i) through (iv) of this subsection, the commission shall cancel the initial license and prior to the subsequent season opening date for the designated species and sex of animal, issue to the applicant at an administrative cost of ten dollars ($10.00), a license for the designated animal valid for that season. A person may apply for and reserve a license under this subsection only if all the following conditions exist:
(i) The license is one (1) of the following:
(A) A limited quota, full price big game animal license;
(B) A trophy game animal license;
(C) An any wild bison license;
(D) A female or calf wild bison license.
(ii) The person is unable to use the license in the year for which it was issued and good cause, as defined in commission rule and regulation, exists for the person's inability to use the license in the year for which it was issued;
(iii) The person submits an application to the commission that demonstrates eligibility under this subsection before the closing date of the season for which the initial license was issued;
(iv) The person submits the initial license with the application.
(g) In addition to the authority granted under subsection
(b) of this section, the commission may through rule and regulation develop and implement a preference point program for nonresident antelope, nonresident deer and nonresident elk licenses which are limited in quota and would otherwise be issued through a random drawing. A program established pursuant to this subsection may be implemented for all or selected hunt areas and may be applied to all or portions of licenses for any particular species. The commission may charge nonresident license applicants a nonrefundable fee to accumulate preference points under the program as provided in W.S. 23-2-101(m).
(h) Rules and regulations shall be promulgated by the game and fish commission to carry out subsections (a) through (f) of this section and may be promulgated as provided in subsection
(g) of this section.
antelope hunt licenses; gunpowder and buckskin hunt licenses; gratuitous licenses; donated licenses.
(a) At the request of the governor, the commission shall annually issue up to twenty-five (25) complimentary hunting and twenty-five (25) complimentary fishing licenses. Not more than five (5) bighorn sheep, five (5) moose and five (5) wild bison licenses shall be issued under this subsection. The five (5) year restriction imposed on the receipt of a moose, bighorn sheep or wild bison license by W.S. 23-1-703(b) and (c), and any restriction imposed on taking of wild bison under commission rule and regulation shall not be applicable in any manner to a license issued pursuant to this subsection. Except as provided under subsection (g) of this section, no complimentary licenses may be issued at the request of the appointed commissioners. Immediately upon issuance of any of these licenses, the commission shall submit to the secretary of state for maintenance as a public record, the name and address of each licensee and the type of license issued.
(b) In addition the commission may, upon payment of proper fees, issue up to one hundred sixty (160) antelope licenses each year for the exclusive use of not more than two (2) antelope hunts, provided that:
(i) Not more than eighty (80) of these licenses are issued for a single antelope hunt event;
(ii) Resource management requirements shall be considered in determining the total amount of licenses that are issued under this subsection each year.
(c) In addition the commission may, upon payment of deer license fees, issue up to twenty-five (25) licenses each year for the exclusive use of gunpowder and buckskin hunts.
(d) The department shall issue without charge lifetime bird, small game and fish licenses that shall remain valid so long as the licensee remains a Wyoming resident to:
(i) Any resident who is over sixty-five (65) years and who has resided in Wyoming for at least thirty (30) total years. No year of residence prior to the resident's tenth birthday shall be counted toward the thirty (30) year requirement imposed by this paragraph;
(ii) Any honorably discharged resident veteran who is one hundred percent (100%) disabled as determined by the United States department of veteran affairs;
(iii) Any honorably discharged resident who is a United States military purple heart medal recipient with document proof thereof.
(e) The department shall issue:
(i) For a fee of two dollars ($2.00) a resident deer, antelope or wild turkey license and for a fee of five dollars ($5.00) an elk license to any resident who is at least seventy-five (75) years of age prior to the issuance of the license and who has continuously resided in Wyoming for at least the fifty (50) years immediately preceding application for the license;
(ii) For a fee established by rule of the commission a resident deer, antelope, wild turkey or elk license to any resident who is at least seventy (70) years of age prior to the issuance of the license and has continuously resided in Wyoming for at least fifty (50) years immediately preceding application for the license. The fee established for a license under this paragraph shall be not more than sixty-five percent (65%) nor less than sixty percent (60%) of the resident fee specified in W.S. 23-2-101 for the particular species;
(iii) Without charge a resident elk or deer license in any hunt area not subject to prescribed means of competitive public issuance, a resident game bird and a resident small game license to any resident who is on active duty in the United States armed forces deployed to a combat zone who is home on leave during the applicable hunting season. Application under this section shall include proof of residency required under W.S. 23-2-101(a), certification of the applicant's active duty deployment to a combat zone and other information required by rule and regulation of the commission. For purposes of this paragraph, a combat zone is any area which the president of the United States designates by executive order as an area in which the armed forces of the United States are engaged in combat;
(iv) Without charge a resident archery license to any resident who is at least seventy-five (75) years of age prior to the issuance of the license and has continuously resided in Wyoming for at least fifty (50) years immediately preceding application for the license;
(v) A pioneer resident trapping license for furbearing animals in accordance with the fee specified in W.S. 23-2-301(c)(xiv), to any resident who is at least sixty-five (65) years of age prior to the issuance of the license and has resided in Wyoming for at least thirty (30) years.
(f) Applicants for licenses specified in subsections (b) and (c) shall apply in person to any authorized department personnel.
(g) In addition to complimentary licenses under subsection
(a) of this section, each appointed commissioner may cause to be issued at cost not more than a total of eight (8) elk, deer or antelope designated licenses per year. All licenses issued under this subsection shall be designated to nonprofit charitable organizations. As a condition of accepting the license, the organization shall agree to auction or otherwise bid the license to the highest bidder or to raffle the license to members of the public.
(h) In addition the commission may, upon receipt of payment of fees at a cost equal to the resident antelope license fee specified under W.S. 23-2-101(j)(xxx), issue up to a total of fifty (50) antelope licenses each year for the exclusive distribution by nonprofit organizations dedicated to providing hunting opportunities to individuals with disabilities for use by those individuals for hunting opportunities.
(j) In addition the commission may issue upon payment of proper fees any number, set by rule and regulation, of antelope licenses, deer licenses, elk licenses and turkey licenses each year for the exclusive use by persons with life threatening illnesses who are sponsored by a nonprofit charitable organization with a mission to provide opportunities and experiences to persons with life threatening or serious illnesses. As a condition of issuing the license, the sponsoring organization shall pay the appropriate license fee on behalf of the licensee and at no cost to the licensee.
(k) The holder of any valid big game animal license, trophy game animal license, any wild bison license or a female or calf wild bison license may surrender said license to the department for reissuance to a veteran with disabilities, a person with a permanent disability who uses a wheelchair, a person with a life-threatening illness or a person who is vision impaired as established by commission rule and regulation selected and sponsored by a nonprofit charitable organization providing hunting opportunities. Any license reissued in accordance with the provisions of this subsection shall be for the same species, area and license type as the license donated. The license shall be reissued by the department to a qualifying person at no fee. Any license donated and reissued under the provisions of this subsection shall not be sold, traded, auctioned or offered for any monetary value and shall not be issued to, or used by, any person other than a qualifying person under the provision of this section and in compliance with commission rule and regulation. Licenses reissued to persons pursuant to this subsection shall not be subject to residency, drawing or fee requirements under W.S. 23-2-101 or 23-2-107. The five (5) year restriction imposed on the receipt of a cow or calf moose or a ewe or lamb bighorn sheep license by W.S. 23-1-703(b), the lifetime restriction imposed on the receipt of a grizzly bear, mountain goat, ram or any bighorn sheep, any wild bison or any moose or antlered moose license by W.S. 23-1-703(c) or the restrictions imposed on a wild bison under W.S. 23-2-107(f) shall not be applicable in any manner to a license issued pursuant to this subsection.
23-1-706. Game and fish licenses; confidentiality.
The commission shall establish a process by which an applicant for any game and fish license, permit or tag authorized by this act may designate as public personally identifiable information required for the applicant to purchase the license, permit or tag. Unless designated as public by the applicant or as otherwise provided by law, personally identifiable information submitted for any game and fish license, permit or tag is solely for the use of the department or appropriate law enforcement offices and is not a public record for purposes of W.S. 16-4-201 through 16-4-205. As used in this section, "personally identifiable information" includes an applicant's electronic mail address, date of birth, telephone number, driver's license number, social security number, passport number, sportsperson identification number or tax identification number or any part of any of the preceding information.
23-1-801. Reciprocal fishing agreements with adjoining states authorized; stamps for licenses.
The commission is authorized to enter into reciprocal agreements with corresponding state officials of adjoining states for purposes of providing for the licensing for fishing of residents of this state and adjoining states upon artificial impoundments of water forming the boundary between this state and adjoining states. The agreements may include provisions by which each state shall honor the license of the other only when the licensee has purchased a stamp or authorization signifying purchase of a stamp from the other state, the charge for the stamp being set by mutual agreement of the states.
23-1-802. Reciprocal fishing agreements with adjoining
states authorized; authorizing use of equipment otherwise prohibited. Notwithstanding any other law of Wyoming, in order to effect conformity with the laws and regulations of an adjoining state which is a party to such an agreement, the commission may, by order, authorize the use of fishing devices and equipment, otherwise prohibited by Wyoming law, in water forming the subject of any agreement.
23-1-803. Reciprocal fishing agreements with adjoining states authorized; water subject to agreements.
It is the primary purpose of this article to provide a method whereby the fishing opportunities afforded by lakes or reservoirs located upon the boundaries of this state and adjoining states may be mutually enjoyed by the residents of Wyoming and the residents of adjoining states.