23-2-414. License issuance; fees; term of license; renewal; disposition of collected fees.
(a) Upon passage of required examination and if it determines the applicant is otherwise in compliance with the requirements of this act and its rules and regulations, the board may issue a license upon payment of the applicable fee as established by the board pursuant to W.S. 33-1-201.
(i) Repealed By Laws 1998, ch. 59, § 2.
(ii) Repealed By Laws 1998, ch. 59, § 2.
(iii) Repealed By Laws 1998, ch. 59, § 2.
(b) A license issued under this act is valid for the calendar year in which issued and shall expire on December 31 of that year unless earlier expiring pursuant to W.S. 23-2-412(b) or otherwise suspended or revoked.
(c) A license may be renewed upon submission of application with the board in accordance with its rules and regulations and payment of the appropriate fee prescribed under subsection (a) of this section.
(d) All fees collected by the board pursuant to this act shall be deposited with the state treasurer. Upon receipt, the state treasurer shall credit the revenues to an account within the trust and agency fund. Expenditures from the account shall be for expenses incurred by the board in administering this act.
23-2-415. Licensed outfitters and professional guides to report violations.
An outfitter or professional guide licensed under this act shall promptly report any violation of federal or state law or regulation governing wildlife, game and fish observed by him to any commissioned game and fish law enforcement officer, a representative of the involved federal land management agency or to the board.
23-2-416. License suspension and revocation; grounds; payment of damages; proceedings.
(a) The board may require a licensee to pay damages as provided by subsection (b) of this section, may refuse to issue or renew or may suspend or revoke a license issued under this act or may otherwise discipline a licensee for any of the following causes:
(i) Fraud or substantial misrepresentation in obtaining a license under this act;
(ii) Fraudulent advertising;
(iii) Conviction of a felony that relates to the practice of professional guiding or outfitting or to the ability to practice as a professional guide or outfitter;
(iv) Violation of any significant federal or state law or related regulations pertaining to wildlife, game and fish;
(v) Unethical or dishonorable conduct;
(vi) A substantial breach of contract with any person using outfitting or professional guiding services of the licensee;
(vii) Willful violation of the terms and conditions under which the license is issued;
(viii) Inhumane treatment of any animal;
(ix) Willfully endangering the health and safety of any person;
(x) Violation of this act or any rule or regulation of the board.
(b) If a client of an outfitter or professional guide licensed under this act is injured by any of the causes specified under subsection (a) of this section, the board may require the outfitter or guide as a condition of returning his license, to pay to the client any court ordered damages including any:
(i) Fees paid by the client to the outfitter or guide;
(ii) Actual travel and lodging expenses incurred by the client in attempting to use the outfitter's or guide's services; and
(iii) Other actual expenses incurred by the client in attempting to use the outfitter's or guide's services.
(c) Except as provided in subsection (d) of this section, suspension and revocation proceedings under this section shall be conducted in accordance with the Wyoming Administrative Procedure Act.
(d) 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 board, the board shall notify the party named in the court order of the withholding, suspension or restriction in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
(a) Except as provided in subsection (c) of this section, any person violating any provision of this act is guilty of a misdemeanor punishable by a fine of not to exceed five thousand dollars ($5,000.00).
(b) In addition to subsection (a) of this section, the court may in its discretion, revoke any license issued under this act or W.S. 23-1-101 through 23-6-208, to any person violating this act, for the remainder of the year in which the conviction occurs, and may suspend the person's privilege to receive any license under this act or under W.S. 23-1-101 through 23-6-208, for a period not to exceed five (5) years.
(c) Any person violating W.S. 23-2-407 is guilty of a misdemeanor punishable by a fine of not to exceed seven thousand five hundred dollars ($7,500.00), imprisonment for not more than one (1) year, or both.
23-2-418. Compensation of person not licensed under this act prohibited; penalty.
(a) No person shall directly or indirectly compensate a person holding himself out as engaging in the business of or acting in the capacity of an outfitter or a professional guide unless that person provides proof that he is a licensed outfitter or professional guide as required by this act.
(b) Any person violating this section is guilty of a misdemeanor as prescribed under W.S. 23-2-417(a).
Any person who takes an eagle is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii) unless the taking is authorized by federal law or commission rules adopted in compliance with federal law.
23-3-102. Taking certain game animals without license or during a closed season prohibited.
(a) Except as provided in subsection (d) of this section, any person who takes any big or trophy game animal or gray wolf where classified as a trophy game animal without the proper license or authority is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii). The taking of each animal is a separate offense.
(b) Repealed By Laws 2007, Ch. 62, § 2.
(c) Repealed By Laws 2007, Ch. 62, § 2.
(d) Any person who knowingly takes any antlered elk, antlered deer, antlered moose, horned antelope, bighorn sheep, mountain goat, mountain lion, grizzly bear or black bear without the proper license or during a closed season and any person who knowingly kills a mountain lion during a mountain lion pursuit season, except as otherwise permitted by this act, is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), imprisonment for not more than one (1) year, or both. A third or subsequent conviction within ten (10) years for a violation of this subsection shall constitute a felony punishable by a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), imprisonment for not more than two (2) years, or both. For the purposes of determining whether a violation of this subsection is a felony, convictions resulting from the same occurrence shall be considered a single conviction even if the result of the occurrence is more than one (1) misdemeanor conviction. The provisions of W.S. 6-8-101(a) shall not apply to convictions under this section.
23-3-103. Taking predatory animals, predacious birds and
trophy animals; taking furbearing animals and game birds without license prohibited.
(a) Predatory animals and predacious birds may be taken without a license in any manner and at any time except as provided by W.S. 6-3-1005(a)(iii), 23-2-303(d) and (e), 23-3-112, 23-3-304(b), 23-3-305, 23-3-306(b) and 23-3-307, provided that any predatory animal or predacious bird reduced to possession shall be promptly killed or released subject to subsection (d) of this section.
(b) In areas designated by the commission under W.S. 23-1-302(a)(ii), specified trophy game animals may be taken in the same manner as predatory animals without a license.
(c) Any person who takes any furbearing animal or game bird without the appropriate license, except as otherwise provided by this act is guilty of a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
(d) No person shall knowingly, and with intent to cause undue suffering, torture, torment or mutilate living wildlife, including predatory animals and predacious birds, after reducing the living wildlife to possession. A person violating this subsection shall be liable under W.S. 6-3-1004(c) for a first offense and under W.S. 6-3-1005(a)(iii), (b) and (c) for a second or subsequent offense. Upon any conviction of a violation of this subsection the court may revoke any license issued under this act and suspend a person's privilege to purchase or receive any other license under this act or to take any wildlife as provided under W.S. 23-6-206(a)(iii). For purposes of this subsection, "wildlife" means as defined by W.S. 6-3-1001(a)(vi).
(e) Nothing in this section shall be construed to require an owner of a trap or snare to check the trap or snare before the time required in title 23 of the Wyoming statutes and rules promulgated by the game and fish commission. Wildlife discovered in a snare or trap shall be considered within the possession of the owner of the snare or trap upon discovery by the owner.
When any big game animal, trophy game animal or turkey is killed under a license, the licensee shall detach, sign and date the proper coupon and attach the coupon to the carcass before leaving the site of the kill. The coupon shall remain on the game animal or turkey carcass at all times until the meat undergoes processing, or on the trophy game animal hide until it reaches the hunter's home or a taxidermist, except that during transportation of the carcass or hide the coupon may be removed to prevent its loss. If the coupon is removed for transportation of the carcass or hide it must be in the possession of the person accompanying the carcass or hide at all times.
23-3-105. Antelope, deer and elk coupons; payment to landowner; kill on federal or state land.
(a) Antelope, deer and elk licenses shall have two (2) coupons attached, each bearing the same serial number as the body of the permit, one (1) designated "antelope, deer or elk coupon" and one (1) designated "landowner's coupon".
(b) The landowner's coupon shall promptly be detached, dated, signed and delivered to the landowner. The landowner, on or before March 1 following the close of the hunting season for which the license was issued, shall deliver to the department the coupon and an affidavit that the antelope, deer or elk for which the coupon was delivered was killed on his land. Upon receipt of the coupon and affidavit the department shall pay the landowner sixteen dollars ($16.00) for each coupon from an antelope, deer or elk license. Landowner's coupons are not transferable. Any unauthorized person attempting to collect any sum for any landowner's coupon is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii). Effective January 1, 2000, the department shall provide a checkoff box on each landowner coupon affidavit claim form that offers the claimant the opportunity to designate the animal damage management board to receive his payment amount for landowner coupons claimed on that form. For each claim made where the landowner has designated his payment to the animal damage management board, the department shall transfer that amount to the animal damage management account created by W.S. 11-6-306 and the department shall retain the fees related to those administrative costs of the transfer.
(c) Repealed By Laws 2013, Ch. 33, § 1.
23-3-106. Wyoming game and Wyoming interstate game tags; when required.
(a) Except as provided in subsection (f) of this section and W.S. 23-2-302(e), no person shall ship, transport, or receive for shipment or transportation within Wyoming, any game animal, game bird, or any part thereof, unless tagged with a Wyoming game tag or Wyoming interstate game tag, or unless:
(i) The transportation is by a person accompanying the carcass of a big or trophy game animal who is in possession of a proper coupon;
(ii) The transportation is by a properly licensed bird or small game hunter in possession of not more than his daily bag or possession limit; or
(iii) The transportation is by a person possessing authorization pursuant to W.S. 23-3-310.
(b) Except as provided in subsection (f) of this section and W.S. 23-2-302(e), no big or trophy game animal, or any part thereof, shall be shipped or transported from the state unless accompanied by the licensee who harvested the animal, in possession of a proper coupon, or unless:
(i) The amount does not exceed twenty-five (25) pounds and is properly tagged with a Wyoming interstate game tag. Only twenty-five (25) pounds from any one (1) big or trophy game animal may be exported from the state except as otherwise provided;
(ii) The part to be exported from the state is of a nonedible trophy or hidelike nature and properly tagged with a Wyoming interstate game tag;
(iii) The big or trophy game animal was legally harvested by a nonresident and is tagged with a Wyoming interstate tag.
(c) Tag selling agents may tag meat from any number of big game animals if the person lawfully accompanying the animals signs an affidavit that each animal was lawfully taken.
(d) Repealed by Laws 1987, ch. 156, § 2.
(e) Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
(f) Shipment or receipt from a meat processing plant to another meat processing plant of any edible portions of big game animals or game birds are exempt from the requirements of subsections (a) and (b) of this section. Meat processing plants shipping any game animal, game bird or any part thereof to the licensee who harvested the animal are exempt from the requirements of subsections (a) and (b) of this section when the shipment is accompanied by the proper coupon.
23-3-107. Wanton destruction of big game animal; reward.
(a) No person shall wantonly take or destroy any big or trophy game animal.
(b) The director may offer a standing reward not exceeding one thousand dollars ($1,000.00) to be paid from the game and fish fund for evidence leading to the arrest and conviction of any person violating this section.
(c) The purpose and intent of this section is to protect big or trophy game animals from wanton, ruthless or needless destruction.
(d) Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii). A third or subsequent conviction within ten (10) years for a violation of this section shall constitute a felony punishable by a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), imprisonment for not more than two (2) years, or both. For the purposes of determining whether a violation of this subsection is a felony, convictions resulting from the same occurrence shall be considered a single conviction even if the result of the occurrence is more than one (1) misdemeanor conviction. The provisions of W.S. 6-8-101(a) shall not apply to convictions under this section.
(a) No person shall take or intentionally destroy the nest or eggs of any nonpredacious bird, except as authorized under W.S. 23-5-111. The nest or eggs of any predacious bird may be taken or destroyed.
(b) Violation of this section for any nonpredacious bird except eagle constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
(c) Violation of this section in regard to eagle nests or eggs constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
23-3-109. Use of dogs; dogs injuring big or trophy game
animals may be killed; citation of owners of dogs harassing game animals; penalties; leashed dogs for tracking.
(a) No person shall use any dog to hunt, run or harass any big or trophy game animal, protected animal or furbearing animal except as otherwise provided by this act. The commission shall regulate the use of dogs to take mountain lions and bobcats by residents and nonresidents during hunting or trapping seasons. The commission shall regulate the use of dogs to pursue mountain lions by residents during hunting or trapping seasons.
(b) In cases where big game animals have been injured or are being threatened with immediate injury by dogs, a peace officer may kill such dog or dogs where the vicious character of the dog or dogs is manifest. A peace officer killing a dog pursuant to this subsection shall make reasonable efforts to ascertain the ownership of the dog and inform the owner of the dog's death and the circumstances surrounding the death. Any peace officer who kills a dog pursuant to this subsection or has received a report that a dog has been killed shall file a report with his employing agency within twenty-four (24) hours of his action or of receiving a report.
(c) It is unlawful for any person to recklessly allow or direct a dog which he owns or is under his control to injure or threaten a big game animal with injury, whether or not the big game animal is actually injured by the dog, unless the dog was attempting to protect livestock or other property. A conviction under this subsection is punishable by a fine imposed for a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
(d) A person may use one (1) leashed blood-trailing dog to track a wounded or killed big game animal or black bear within seventy-two (72) hours of shooting the animal. A person using a dog in this manner:
(i) Shall maintain physical control of the dog at all times by means of a maximum fifty (50) foot leash attached to the collar or harness of the dog;
(ii) Shall wear fluorescent orange or fluorescent pink consistent with W.S. 23-3-113(a);
(iii) May kill the wounded animal using any weapon authorized under the hunting license;
(iv) Shall, in accordance with W.S. 23-3-104, attach the proper coupon to the carcass of any animal killed under the hunting license.
(e) A person acting solely as a dog handler accompanying the licensed hunter that wounded the game animal is exempt from the licensing requirements of this act. Nothing in this section shall be construed to allow a dog handler to hunt without a license.
23-3-110. Firearms; types permitted for hunting game birds.
(a) The commission shall establish by rule and regulation firearm and ammunition specifications for taking game birds or wild turkeys.
(b) Repealed By Laws 2012, Ch. 54, § 2.
(c) Violation of this section or rules promulgated under this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
23-3-111. Firearms; size of guns to be used in hunting big or trophy game animals.
(a) The commission shall establish by rule and regulation firearm and ammunition specifications for taking big or trophy game animals.
(i) Repealed By Laws 2012, Ch. 54, § 2.
(ii) Repealed By Laws 2012, Ch. 54, § 2.
(b) Violation of this section or rules promulgated under this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
23-3-112. Firearms; automatic weapon prohibited; use of
silencer or suppressor to take big or trophy game restricted; penalties.
(a) No person shall take any wildlife with any fully automatic weapon.
(b) Violation of this section is separate and additional to any other violation and constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
(c) No person shall use a device designed to silence or muffle the report of any firearm in the commission of:
(i) A violation of W.S. 23-3-102;
(ii) A violation of W.S. 23-3-107;
(iii) A violation of W.S. 23-3-305(b) which results in the taking of a big or trophy game animal; or
(iv) Taking of a big or trophy game animal out of season.
23-3-113. Hunters required to wear colored clothing.
(a) No person other than archers and crossbow hunters hunting during a special archery season shall hunt any big or trophy game animal in Wyoming without wearing in a visible manner one (1) or more exterior garments which shall include a hat, shirt, jacket, coat, vest, or sweater of a fluorescent orange or fluorescent pink color.
(b) Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
23-3-114. Landowner may take beaver causing damage.
Any beaver flooding meadows, damming irrigation systems or constructing dams or ponds which would be dangerous to livestock on any privately owned lands or on state lands, may be immediately taken by the landowner, lessee of state lands or employee of the landowner or lessee or an agent of the landowner or lessee.
23-3-115. Taking black bear, mountain lion, gray wolf,
bobcat, weasel, badger, squirrels or muskrat for damaging property.
(a) Any black bear, mountain lion, bobcat, weasel, badger, gray, red and fox squirrels or muskrat doing damage to private property may be immediately taken and killed by the owner of the property, employee of the owner or lessee of the property.
(b) The owner, employee or lessee shall immediately notify the nearest game warden of the killing of black bear, bobcat or mountain lion. The owner, employee or lessee shall save and care for the skin and procure a Wyoming game tag for the skin of black bear, mountain lion or bobcat.
(c) The provisions of subsection (a) of this section relating to the taking of animals doing damage to private property shall apply to gray wolves 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. For purposes of this section as it applies to gray wolves, "doing damage to private property" means actual biting, wounding, grasping or killing of livestock or a dog, or chasing, molesting or harassing of livestock or a dog by a wolf that would indicate to a reasonable person that actual biting, wounding, grasping or killing of the livestock or dog is likely to occur at any moment. The owner, employee or lessee acting under authority of this section shall notify the department of the killing of a gray wolf within an area of the state in which the gray wolf is designated as a trophy game animal. The notification shall be made within seventy-two (72) hours of the kill.
23-3-116. Ownership of game bird; taking of privately owned game birds.
Any person who wishes to acquire game birds from any private source shall apply for and receive a permit from the department prior to acquiring, possessing or transporting the game birds. Upon receipt of the game birds, the permittee shall notify the department to establish proof of ownership and to allow the game birds to be marked with a leg or wing band. Whenever game birds are purchased outside the state, the permittee shall furnish adequate evidence that the game birds are disease free. Upon compliance with this section, the permittee is entitled to take his privately owned game birds without a game bird or turkey license. Live greater sage grouse or the eggs thereof shall only be acquired, possessed, bred, propagated, raised, sold, transported, taken and released by a game bird farm licensee holding a current certification under W.S. 23-5-111.
23-3-117. Bighorn sheep; registration of horns; penalties.
A licensee who harvests a bighorn sheep or any person who picks up or removes horns from any bighorn sheep, after July 1, 1997, shall present the horns at a regional office of the department during normal business hours to be registered in accordance with department rules and regulations. The horns shall be presented pursuant to this section within fifteen (15) days after taking the horns into possession. The department may require substantive proof from unlicensed individuals that the horns were legally acquired. Failure to provide such proof may result in confiscation of the horns. A violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
23-3-201. Fishing tackle; designation of waters for
setline fishing; taking fish with firearm prohibited; snagging; penalties.
(a) Except as otherwise provided, fish may only be taken or fished for with a maximum of two (2) rods or poles, with lines and hooks attached, and with the user in attendance.
(b) No line shall have more than three (3) single or treble hooks, flies or lures. As used in this section:
(i) "Hook" means a single device regardless of the number of prongs; and
(ii) "Lure" means a single device regardless of the number of hooks.
(c) The commission may designate specified waters as being open to setline fishing and the number of setlines to be used. In those waters subsection (a) does not apply. The commission may also designate specified waters in which otherwise permissible tackle or bait may not be used.
(d) No person shall take, wound or destroy any fish of Wyoming with a firearm of any kind or nature.
(e) No person shall snag any fish of Wyoming except as specifically authorized by the commission. For purposes of this subsection, "snag" means attempting to take a fish in such a manner that the fish does not take the hook voluntarily in its mouth.
(f) Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
(a) The commission may designate specified waters in which live fish or corn may be used as bait, and may designate the types of and origin of live fish which may be used as bait in any waters.
(b) No person shall have any live fish or bait corn in his possession while fishing other than as authorized by the commission.
(c) No person shall release any live baitfish unless authorized by the commission.
(d) Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
23-3-203. Placing obstruction to fish across stream or
lake without consent of chief fish warden prohibited; erection of fishways.
(a) No person shall erect or place, or cause to be erected or placed, any net, trotline, or any similar obstruction across any river, creek, pond, or lake so as to prevent the free passage of the fish up, down, or through the water except with the consent and under the direction of the chief fish warden.
(b) The commission may erect or cause to be erected and maintained fishways or ladders on any dam or other structures across any stream of the state, when a fishway or ladder is necessary for the uninterrupted passage of fish up and down the stream.
(c) Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
23-3-204. Substances and devices to take or destroy fish or obstruct waterways prohibited.
(a) No person shall take or destroy fish in Wyoming by using any poison or deleterious drug, electrical device, chemical, explosive, or any similar substance or device except by commission order.
(b) No person shall allow any refuse or substance to pass into any public water:
(i) Which drives away or is injurious to fish, or wildlife; or
(ii) Which obstructs the natural flow, channels, or condition of any stream or body of water.
(c) Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
23-3-205. Shipment of fish; game tags; when required.
(a) No person shall ship or transport or receive for shipment or transportation any game fish either within or without the state except as provided in subsection (b).
(b) Any person lawfully taking any game fish in this state may ship not to exceed one (1) limit in a single container no oftener than once a week if a Wyoming interstate game tag is affixed to the container. No interstate game tag is required for the transportation of one (1) limit of fish in the possession of a properly licensed fisherman.
(c) Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
(a) To protect the quality of the fishing experience, the fishery and other aquatic resources and species in this state, the commission may set limits on or otherwise regulate the number of commercially guided fishing boats allowed to launch into or use any river or lake or section thereof in this state. This subsection shall not apply to a person who uses a city, town, county or state boat ramp or other access point to launch a commercially guided fishing boat to guide fishermen if the person is guiding the fishermen to a location where the lands are owned or leased by the person or the person's immediate family member.
(b) There is created a commercially guided fishing boats advisory board. The board shall consist of seven (7) members appointed by the commission. One (1) member shall be appointed from each appointment district pursuant to W.S. 9-1-218 and at least two (2) members appointed shall be Wyoming owned drift boat guide business owners. Members shall serve a four (4) year term. The commission may remove any member of the board, subject to W.S. 9-1-202. Vacancies of the board shall be filled by appointment for the unexpired term. The board shall provide recommendations to the commission for promulgating rules under subsection (c) of this section. Members of the board shall receive no compensation but shall be reimbursed by the commission for per diem and travel expenses incurred in the performance of their official duties in the same manner and amount as state employees.
(c) The commission may promulgate rules governing the registration and means of tracking the number of commercially guided fishing boats launching into or using any river or lake or section thereof. The commission may hold public meetings in each county in which its rules apply. The rules shall require registration and payment of an annual fee for each commercially guided fishing boat beginning January 1, 2026. The department shall provide two (2) registration stickers one (1) of which shall be displayed on each commercially guided fishing boat and trailer registered under this subsection.
(d) As used in this section:
(i) "Commercially guided fishing boat" means a fishing boat that is operated by an outfitter or professional fishing guide to provide fishing guide services for financial gain;
(ii) "Fishing guide services" means for hire or remuneration, accompanying and providing assistance to a person on a river or lake or section thereof for the purposes of fishing;
(iii) "Operate" means to navigate or otherwise use a commercially guided fishing boat;
(iv) "Outfitter" or "professional fishing guide" means a person who advertises or holds himself out to the public for hire for the purpose of financial gain to provide fishing guide services, excluding any person who furnishes fishing equipment or boats to a person for exclusively personal and temporary use. "Outfitter" or "professional fishing guide" includes any person requiring the payment of fees or remuneration for providing personal services on a river or lake or section thereof for the purposes of fishing.
23-3-301. Importation and sale of wildlife prohibited; exceptions.
(a) No person shall import into Wyoming from any source any living antelope, bear, deer, elk, moose, mountain goat, mountain lion, bighorn sheep, wolf, wolf hybrid nor any living wildlife except as otherwise permitted by this act.
(b) No person shall sell any living antelope, bear, deer, elk, moose, mountain goat, mountain lion, bighorn sheep, wolf, wolf hybrid or falcon except as permitted by the commission.
(c) No person shall knowingly import into Wyoming or knowingly possess from any source any wildlife or wildlife parts taken illegally in any other state or country.
(d) Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
23-3-302. Sale, disposition or acquisition of edible portion of game animals, game birds or game fish.
No person shall sell, barter, or dispose of for pecuniary consideration or advantage, or obtain by sale or barter any edible portion of any game animal, game bird or game fish in this state except as permitted by this act.
23-3-303. Waste of edible portion of game bird, fish or
animal, except trophy game animal, prohibited; abandonment of meat at meat processing plant.
(a) No person shall take and leave, abandon or allow any game bird, game fish, or game animal except trophy game animal, or edible portion, to intentionally or needlessly go to waste. No person shall knowingly possess any parts of a big game animal wasted as provided in this subsection.
(b) The failure of any person to properly dress and care for any big game animal killed by that person, and, if the carcass is reasonably accessible, within forty-eight (48) hours to take or transport the carcass to the camp of that person, and there properly care for the carcass, is prima facie evidence of a violation of subsection (a).
(c) No person shall abandon meat from a big game animal or game bird at a meat processing plant. Unless there is an express agreement between the processing plant and the person providing otherwise, any person leaving meat from a big game animal or game bird at a meat processing plant for more than forty-five (45) days is prima facie evidence of a violation of this subsection if written notice of the expiration of time has been attempted by the processing plant in accordance with rules and regulations promulgated by the game and fish department. The owner or operator in charge of any meat processing plant shall immediately report a violation of this subsection to any enforcement personnel of the department. Notwithstanding any other provision of this act, the owner of the meat processing plant is entitled to the proceeds of sale of any meat confiscated under this subsection up to the amount of reasonable processing or storage charges following a conviction under this subsection or a reasonable time after the violation is reported. If the department has been unsuccessful in selling the confiscated meat within thirty (30) days following the reported violation, the department may dispose of the meat as it deems appropriate.
23-3-304. Certain trapping devices unlawful; game for bait prohibited; baiting big game animals prohibited; penalties.
(a) No person shall take or wound any game animal, game bird, or game fish by use of any pit, pitfall, net, trap, deadfall, poison, or other similar device except as otherwise provided. 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, gray wolves may be taken with a trap or snare only as allowed by and in accordance with rules and regulations of the commission.
(b) No person shall take a game animal, game bird, or game fish, and use any parts thereof, for bait to trap or poison any wildlife of Wyoming.
(c) Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
(d) No person shall place any bait for the purpose of taking a big game animal nor shall any person knowingly take a big game animal by the use of any bait that has been deposited, placed, distributed or scattered in a manner to constitute a lure, attraction or enticement to, on or over the area where any hunter is taking big game animals. Nothing in this subsection shall:
(i) Apply to normal or accepted agricultural management practices;
(ii) Prohibit taking big game animals over stored and standing crops, salt, mineral or other feed scattered solely as a result of normal and accepted agricultural practices;
(iii) Apply to the placement, distribution, depositing or scattering of bait, as approved by the game and fish commission, for the taking of big game animals by any legally blind person, person confined to a wheelchair or person hunting with a license issued pursuant to W.S. 23-1-705(j);
(iv) Apply to the placement, distribution, depositing or scattering of bait for the taking of big game animals in hunt areas to address population management, damage, disease or human safety issues. The commission shall promulgate rules and regulations governing the provisions of this paragraph.
(e) As used in subsection (d) of this section, "bait" means the direct or indirect placing, exposing, depositing, distributing or scattering of salt, hay, grain, fruit, nuts or chemical, mineral or other feed as an attraction or enticement for big game animals, regardless of the kind and quantity. A chemical used as an attractant or mask rather than for consumption shall not be considered "bait".
(f) Repealed By Laws 2007, Ch. 62, § 2.
23-3-305. Hunting from highway; entering or traveling
through private property without permission; penalty; hunting at night without permission prohibited.
(a) No person shall hunt, shoot, or attempt to kill any wildlife from any public road or highway.
(b) No person shall enter upon, travel through or return across the private property of any person to take wildlife, hunt, fish, collect antlers or horns, or trap without the permission of the owner or person in charge of the property. Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v). For purposes of this subsection "travel through or return across" requires physically touching or driving on the surface of the private property.
(c) No person shall fire any firearm from, upon, along, or across any public road or highway.
(d) No person knowingly shall fire any rifle from the enclosed lands of one person onto or across the enclosed lands of another without the permission of both persons.
(e) No person shall hunt at night upon privately owned or leased lands except with written permission of the landowner or lessee.
23-3-306. Use of aircraft, automobiles, motorized and snow
vehicles and artificial light for hunting or fishing prohibited; exceptions; penalties.
(a) No person shall harass, pursue, hunt, shoot, or kill any Wyoming wildlife that requires a license or permit to take, is protected under W.S. 23-1-101(a)(ix) and (x) or is classified as threatened or endangered by federal wildlife regulations, with, from, or by use of any aircraft, automotive vehicle, trailer, motor-propelled wheeled vehicle, or vehicle designed for travel over snow. No person shall use any aircraft, to aid in the taking of any Wyoming wildlife, except predatory animals, whether by spotting or locating the wildlife, communicating with any person attempting to take the wildlife, or by providing other aid to any person taking the wildlife. Nothing in this subsection shall apply to the use of any aircraft by governmental agencies, their employees, contractors or designees performing any lawful duties. The commission may exempt handicapped hunters from any provision of this subsection. For purposes of this section, "aircraft" means any machine or device capable of atmospheric flight including but not limited to an airplane, helicopter, glider, dirigible or unmanned aerial vehicle.
(b) No person shall take any wildlife with the aid of or by using any artificial light or lighting device except as otherwise provided in subsections (f) through (h) of this section and except that predatory animals may be taken with the aid of an artificial light or lighting device including thermal or infrared imaging or other light imaging by:
(i) A public officer authorized to and conducting predator control;
(ii) A landowner, resident manager, or person with the landowner's or a resident manager's written permission to take predatory animals, on land under the landowner's control for the protection of his property;
(iii) Any person taking a predatory animal on public or state land, subject to limitations established by the commission as authorized in subsection (h) of this section.
(c) It is prima facie evidence of a violation of subsection (b) of this section if a person uses an artificial light in an area which may be inhabited by wildlife while having in his possession and control any device for taking wildlife.
(d) Nothing in this section shall prohibit the hunting on foot of raccoon with the aid of a handlight provided the hunter is accompanied by a raccoon hunting dog and if hunting on private lands, has the written permission of the landowner or his agent.
(e) Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
(f) The commission shall establish by rule and regulation specifications for the taking of game animals with the use of artificial light or lighting devices by persons with central visual acuity disabilities.
(g) The commission shall establish by rule and regulation specifications for the taking of fish with the use of artificial light or lighting devices.
(h) The commission shall establish by rule and regulation specifications for the taking of predatory animals with the use of artificial light or lighting devices including thermal or infrared imaging or other light imaging specified by the commission. Such specifications may include, but are not limited to, creation of zones, areas, valid dates and methods for taking predatory animals with the use of artificial light or lighting devices on public land.
(j) Any person who pursues a predatory animal or predacious bird by use of any vehicle or other conveyance specified in subsection (a) of this section and injures or incapacitates the predatory animal or predacious bird shall make a reasonable effort to immediately kill the injured or incapacitated animal. This subsection shall not apply to governmental agencies or their employees, contractors or designees while using any aircraft to perform their lawful duties. As used in this subsection, "incapacitate" means injury or a state of physical exhaustion to the point the animal has ceased to attempt to elude the vehicle or other conveyance.
23-3-307. Hunting while intoxicated or under influence of controlled substance prohibited.
(a) No person shall carry a firearm with a cartridge therein, or take any wildlife in Wyoming, while intoxicated or under the influence of controlled substance as defined in the Wyoming Controlled Substances Act of 1971 or amendments thereto.
(b) Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
23-3-308. Check stations; duty of hunters and fishermen to report.
(a) Every hunter or fisherman entering or leaving areas for which check stations have been established shall stop and report at the check station if the check station is on the hunter's or fisherman's route to and from the hunting or fishing area.
(b) Game or fish licensees must produce their licenses and any game animals, game birds, fish, or furbearing animals in their possession for inspection upon request of any authorized department representative.
(c) Check stations shall be manned by department personnel in uniform including insignia and badge.
(d) Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
(a) No person shall intentionally attract or feed any elk by depositing, placing, distributing or scattering feed that results in commingling with livestock.
(b) Nothing in this section shall prohibit:
(i) Any normal or accepted agricultural management practice;
(ii) Any elk feeding program authorized or conducted by the department;
(iii) Any legal form of baiting elk as authorized by commission rule and regulation;
(iv) Any feeding of elk for the purpose of reducing the opportunity for contact with livestock when undertaken with prior notice to the department;
(v) Any feeding of elk outside a brucellosis surveillance area designated pursuant to Wyoming livestock board rules and regulations.
(c) A first violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v). A second or subsequent violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
(a) The commission shall, in consultation with the state transportation commission, adopt rules to establish a program whereby any person desiring to possess wildlife killed as a result of unintentional motor vehicle collisions on any public road or highway in the state of Wyoming is permitted to do so, provided that he collects the entire road killed animal, both edible and inedible portions and possesses a donation certificate or Wyoming interstate game tag issued by the department, including a certificate or tag issued electronically. Unless otherwise provided by rule of the commission, a person desiring to possess a road killed animal shall contact the department before taking possession of an animal to obtain a donation certificate. The rules may provide that a person requesting the donation certificate may have to present the animal for inspection to verify its possession meets the criteria of the regulation. No person possessing a donation certificate shall donate a road killed animal to a nonprofit organization in accordance with W.S. 35-7-1302(b)(vii).
(b) None of the provisions of this section shall apply to bighorn sheep, gray wolves within any area of the state where gray wolves are classified as trophy game animals, grizzly bears, mountain goats, wildlife species covered under the federal Migratory Bird Treaty Act, federal threatened or endangered species or those species whose possession is prohibited by federal or state statute or regulation.
(c) Nothing in this section shall authorize the taking of wildlife or possession of any illegally taken wildlife.
(d) Upon request of the state transportation commission, the commission shall exempt segments of public road or highway from the program established pursuant to this section.
(e) Once a carcass is retrieved by the department of transportation, it becomes the property of the department and shall be disposed of in accordance with department procedures.