11-6-101. Permission to eradicate upon refusal of entry by propertyowner.
Whenever predatory animals become a menaceto livestock owned or controlled by any resident of Wyoming and the owner orlessee of any real estate in the vicinity where the livestock is ranged orpastured refuses permission to the owner of the livestock, his agents oremployees, to enter upon the real estate for the purpose of destroying suchpredatory animals, entry may be obtained as provided by W.S. 11-6-102 and11-6-103.
11-6-102. Application to county commissioners; hearing; determination;limitation on use of firearms.
The owner of the livestock may file awritten application with the board of county commissioners of the county wherethe real estate is located, applying for permission to eradicate predatoryanimals. If, after giving the owner or lessee an opportunity of a hearing, thecounty commissioners may grant such permission, but the person receiving thepermission shall not use firearms in destroying such animals without firstobtaining permission from the owner or lessee of the real estate.
11-6-103. Liability for damage to property.
The permission granted shall permit thepetitioner to enter upon the real estate but shall not relieve the petitionerfrom any damages which he inflicts upon any property of the owner or lessee ofthe real estate.
11-6-104. Centralized and coordinated rodent and predator control planauthorized; release of information restricted.
(a) The department may establish and implement a cooperativeand coordinated plan for rodent and predator control. It may cooperate withfederal agencies in the control of rodents, predatory animals and predaciousbirds, as defined in W.S. 23-1-101, which are destructive to livestock, gameand poultry, or are detrimental to feed and foodstuffs, crops and forageproduction and human health. The department may promulgate necessary rules andregulations to carry out the purposes of this section.
(b) Any information regarding the number or nature of rodentsor predators legally taken within the state pursuant to this section shall onlybe released in its aggregate form. The identity of any person legally taking arodent or predator within this state is solely for the use of the responsibleagency or appropriate law enforcement agency, shall not be released without theindividual's written consent and is not a public record for purposes of W.S.16-4-201 through 16-4-205.
11-6-105. Issuance of aerial hunting permits authorized.
The department may issue permits for theaerial hunting of rodents and predators to any person for the protection oflivestock, domesticated animals or human life, upon a showing that the personor their designated pilot, along with the aircraft to be utilized in the aerialhunting, have been licensed and qualified in accordance with the requirementsof the Wyoming aeronautics commission. The department shall furnish to the gameand fish department a list of the names and addresses of the persons to whomthey have issued aerial permits. The department may predicate the issuance orretention of such permits upon the recipients' full and prompt disclosure ofinformation as the department may request for submission to the authoritiesdesignated in accordance with section 13 of the Fish and Wildlife Act of 1956or its successor. The department shall collect a fee from each person who hasany aircraft permitted under this section on or before April 1 of each year inthe amount authorized by W.S. 11-1-104.
11-6-106. Receiving and expending monies for supplies.
The department may receive money for rodentand predator control from the federal government, state appropriations,counties, agencies, boards, associations, commissions, individuals and anyother cooperators and may expend such monies to purchase supplies, materials,services, and to employ or contract personnel for rodent and predator control.The department may make such supplies, materials, services and personnelavailable to cooperators at approximate cost.
11-6-107. Disposition of proceeds.
All predator furs, skins and specimenstaken by hunters or trappers whose salaries are paid in full by cooperatingagencies, shall be sold and the proceeds returned to the respective predator managementdistrict of the county in which the furs, skins or specimens originated. Allreceipts from sales of materials and services related to predatory animal androdent control received by the department shall be paid into the state generalfund.
11-6-108. Cooperative agreements generally.
The department may enter into cooperativeagreements with other governmental agencies, counties, associations,corporations or individuals for carrying out the purposes of W.S. 11-6-104through 11-6-107.
ARTICLE 2 - DISTRICTS AND DISTRICT BOARDS
11-6-201. Creation and designation of districts; state predatormanagement advisory board.
(a) Each county is created and designated as a predatormanagement district. Each district shall be known as the "Predator ManagementDistrict of .... County, Wyoming," and it may hold property and be a partyto suits and contracts.
(b) There is created a state predator management advisoryboard composed of one (1) representative of each predator management district.The state predator management advisory board representative shall be appointedby the individual predator management district boards of directors and sodesignated in writing.
11-6-202. Administration of districts by district boards; number andqualifications of members; term; filling of vacancies.
(a) The affairs of each district shall be administered by aboard of directors, each of whom shall be a bona fide resident of Wyoming.Directors for the positions identified in paragraphs (i) and (ii) of thissubsection shall be elected at an annual meeting of district livestock owners.Directors for the positions identified in paragraphs (iv) and (v) of thissubsection shall be appointed as described. The composition of the board shallbe as follows:
(i) Three (3) directors shall be sheep owners having paidpredator management fees on sheep in the district in the year precedingelection. At each subsequent annual district meeting one (1) director shall beelected for a three (3) year term. All sheep owners whether an individual,corporation or partnership, having paid predator management fees on sheep inthe district regardless of the domicile of the sheep, are entitled to one (1)vote at the meeting;
(ii) Three (3) directors shall be cattle owners having paidpredator management fees on cattle in the district in the year precedingelection. At each subsequent annual district meeting one (1) director shall beelected for a three (3) year term. All cattle owners whether an individual,corporation or partnership, having paid predator management fees on cattle inthe district regardless of the domicile of the cattle, are entitled to one (1)vote at the meeting;
(iii) If a qualified applicant for a director position identifiedin paragraph (i) or (ii) of this subsection cannot be found or if no qualifiedapplicant seeks election to the board of directors, then the director positionmay be filled by an otherwise qualified elector, provided no more than four (4)directors may represent any one (1) species of livestock;
(iv) The board of county commissioners shall appoint one (1)director to serve for an initial term of two (2) years and thereafter for three(3) year terms from electors in the county not engaged in raising sheep orcattle. No appointed member may serve for a consecutive period of more than six(6) years;
(v) If the board of directors determines state funds arenecessary for an effective predator management program to assure the statutoryrequirements provided in W.S. 11-6-205 are fulfilled and state funds areappropriated and received for that purpose, then three (3) directorsrepresenting sportsmen and hunters from the district shall be appointed to theboard of directors by the county commissioners serving the local district. Sportsmen and hunter representatives shall be bona fide residents of thedistrict not engaged in raising sheep or cattle and shall hold or have heldeither a valid Wyoming fishing or hunting license or a Wyoming wildlife damagemanagement stamp within the preceding twelve (12) month period. Countycommissioners, to the greatest extent practical, shall select sportsmen andhunter representatives to ensure representation from as broad a geographicdistribution of the district as possible. The county commissioners shalldetermine who of the three (3) sportsmen and hunter directors appointed to aboard under this paragraph shall serve an initial term of one (1) year, whoshall serve an initial term of (2) years and who shall serve a term of three(3) years. Thereafter, each term shall be for three (3) years.
(b) No director shall continue to hold office afterdisqualification under any of the provisions of this section. All vacancies onthe district board may be filled for unexpired terms by the other directors inoffice except the public member's and the sportsmen and hunter member'sunexpired term shall be filled by board of county commissioners appointment.All members shall hold their offices until their successors are elected andqualified.
11-6-203. Manner of calling annual meeting of predator managementdistricts; when held; election of chairman and secretary.
(a) The annual meeting of each predator management districtshall be held within the first two (2) weeks of December and each board shall:
(i) On or before December 1, obtain an accurate list of allpersons who have paid predator management fees on sheep or cattle in thedistrict;
(ii) Publish a notice stating the time and place of any meetingof the district and that directors of the board representing livestock interestsas provided in W.S. 11-6-202(a)(i) and (ii) shall be elected at the meeting.Notice shall be published once in a newspaper of general circulation in thedistrict ten (10) days prior to the date of the meeting;
(iii) Set the date of the meeting so as not to conflict with thedate of similar meetings held in adjoining districts in order that sheep andcattle owners operating in more than one (1) district may attend and vote inother districts where they are engaged in such business;
(iv) Set the annual predatory animal control fee for thedistrict as provided by W.S. 11-6-210(a).
(b) When assembled in accordance with the provisions ofsubsection (a) of this section, the sheep and cattle owners shall elect achairman and secretary who shall act as judges of the election of directorsrepresenting livestock interests of the board.
11-6-204. District boards; election and appointment of officers;meetings; quorum; oath; appropriation requests.
At the annual meeting of the districtboard, following election of directors pursuant to W.S. 11-6-202(a)(i), (ii)and (iv) and upon appointment of directors pursuant to W.S. 11-6-202(a)(v), ifapplicable, the directors shall organize by choosing from their number apresident and vice-president and shall appoint a secretary-treasurer.Subsequent meetings may be called by the president upon reasonable notice. Amajority of the board constitutes a quorum for the transaction of business atany board meeting. The members of the board shall receive no compensation forserving as members. Each director shall take an oath for the faithfulperformance of his duties. If the board determines to request an appropriationof funds from the board of county commissioners, it shall, at least thirty (30)days prior to the time for annual levy of general taxes, notify the board ofcounty commissioners of the amount the district board considers necessary fordistrict operations during the following year.
11-6-205. District boards; duties generally.
(a) Each predator management district board shall:
(i) Exercise general supervision over the control of predatoryanimals and predacious birds that prey upon and destroy livestock, otherdomestic animals and wildlife;
(ii) Devise and put in operation those methods that best manageor control damage caused by predatory animals or predacious birds;
(iii) Administer funds received from predator management fees andfrom other sources to carry out the predator management program;
(iv) Coordinate with affected individuals and entities todevelop a comprehensive predator management program for each respectivepredator management district which addresses livestock, wildlife and publichealth concerns.
11-6-206. District boards; powers generally.
Each predator management district board mayadopt rules and regulations necessary for carrying out the purpose andprovisions of this article. Each board may appoint employees and assistants asnecessary and fix their compensation. Each board may enter into cooperativeagreements with boards of county commissioners, other predator managementdistricts, federal or state agencies or other organizations or associations forthe purpose of controlling predatory animals and predacious birds. Each boardis authorized to pay bounties for predatory animals and predacious birds.
11-6-207. District boards; record of proceedings and expenditures;monthly warrants issued by county for monies collected.
(a) The secretary-treasurer of each predator managementdistrict shall keep a complete and accurate record of the proceedings of theboard.
(b) All salaries, expenses or bounties shall be paid from thepredator management district fund of the district by the secretary-treasurer.
(c) All expenditures of the district shall be supported byproperly approved vouchers and supporting documents in writing signed by theboard president and any other director.
(d) The county treasurer shall issue monthly warrants to thepredator management district for all monies collected in the county for thepredator management district.
11-6-208. District boards; annual report.
On or before October 1 of each year, thepresident and secretary-treasurer of each district board and each countytreasurer shall make an annual report to their board of county commissionersshowing all receipts and disbursement of district funds made by direction ofthe board during the preceding fiscal year. A report of the receipts,expenditures and financial transactions of the district shall be made asprovided by W.S. 9-1-507. The director of the state department of audit maycall upon any district board or upon any county treasurer for furtherinformation relating to any predator management district.
11-6-209. Annual meetings of predator management boards.
Annual meetings for the election of membersof boards of directors of predator management districts shall be called by thepresident of each board. The meetings shall be called by a notice published inthe manner provided by W.S. 11-6-203.
11-6-210. Creation of predator management district fund; predatormanagement fees; donations; appropriation by county commissioners.
(a) At the time of collecting brand inspection fees imposedunder W.S. 11-20-401 and 11-20-402, the brand inspector shall collect predatormanagement fees on all sheep and cattle inspected within each predatormanagement district. However, predator management fees shall not be collectedon cattle and sheep shipped into this state for immediate sale or slaughter.The amount of the fee for each predator management district shall beestablished by each predator management district board in consultation with thestate predator management advisory board and shall not exceed one dollar($1.00) per head on sheep and cattle. The directors elected pursuant to W.S.11-6-202(a)(i) and (ii) from each predator management district board shallannually determine the predator management fee to be charged and collected inthe district taking into consideration comments solicited from the producerspresent at the district's annual meeting as provided for in W.S. 11-6-203, whohave paid predator management fees within the district during the precedingtwelve (12) months and shall inform the livestock board of the fee prior toJanuary 1 each year. The fee shall not be collected on the same livestock morethan once in any twelve (12) month period. The livestock board may retain notto exceed five percent (5%) of the revenues collected for the actual cost ofcollecting the predator management fee. Remaining revenues collected by thelivestock board under this section shall be remitted to the state treasurer fordeposit in an account. The state treasurer, on a quarterly basis, shalldistribute the revenues to the county treasurer of the county from which theshipment originated unless, at the time of payment of the fees, the livestockowner designates the fees to be distributed in total to another county in thisstate in which the livestock are fed or pastured. The county treasurer shalldeposit revenues distributed under this subsection into a special continuingfund, to be known as the "Predator Management District Fund of ....County" and to be administered by the predator management board of thatdistrict.
(b) Repealed by Laws 1990, ch. 87, 3.
(c) Repealed by Laws 1990, ch. 87, 3.
(d) The district board may receive donations and appropriationsof money from any source, and such donations and appropriations shall be placedin the district fund by the county treasurer upon request of the districtboard. Nothing in W.S. 11-6-201 through 11-6-210 shall be construed to prohibitboards of county commissioners from appropriating funds for the purpose ofcontrolling predatory animals and predacious birds, and such appropriation byboards of county commissioners is authorized.
(e) Repealed by Laws 1990, ch. 87, 3.
(f) Notwithstanding subsection (a) of this section, the amountof the annual predator management fee for sheep and cattle shipped into thisstate for confinement in a commercial feedlot shall not exceed twenty-fivecents ($0.25) per head on sheep and cattle. For purposes of this subsection,"commercial feedlot" means any place, establishment or facilitycommonly known as a feedlot conducted, operated or managed for profit ornonprofit for livestock producers, feeders or market agencies, consisting ofpens and their appurtenances, in which livestock are received, held, fed, caredfor or kept for sale or shipment in commerce. A pasture, field or otherenclosure, fenced or unfenced, shall not be considered a commercial feedlot forpurposes of this subsection. The predator management district board shall havethe authority to determine if a facility qualifies as a commercial feedlot asdefined in this subsection.
(g) Each predator management district board shall annuallyallocate five percent (5%) of all predator management fee collections to beused for refunds, in whole or in part. If a refund is requested the boardshall pay the refund within one hundred eighty (180) days of application. Refunds under this subsection shall be subject to the following:
(i) To be valid, the application for refund shall be receivedno later than sixty (60) days after the end of the calendar year in which thefee was paid;
(ii) No person receiving a refund shall receive any predatoryanimal control services funded in whole or in part by the predatory animalcontrol fees until that person has paid one hundred fifty percent (150%) of allrefunds received during the year in which the services were sought and thethree (3) preceding calendar years; and
(iii) All monies not paid in refunds shall annually revert to thedistrict predator management account on July 1 of the following year.
(h) Notwithstanding subsection (a) of this section, nopredatory animal control fee shall be collected on livestock shipped or trailedwithin this state if change of ownership does not occur.
(j) Any person failing to pay the predator animal control feeimposed by subsection (a) or (f) of this section shall be punished as providedby W.S. 11-1-103.
(k) In addition to the other fees imposed by this section, anyperson paying the predator control fee may pay an additional ten cents ($.10)per head to fund the predator management activities of the Wyoming animaldamage management board created by W.S. 11-6-303. Any fees collected pursuantto this subsection shall be deposited in the animal damage management accountcreated by W.S. 11-6-306.
(m) After July 1, 2002 and before December 1, 2002, a predatoryanimal district board may hold a special meeting during which an adjustment ofthe predatory animal control fee set under subsection (a) of this section maybe made for the balance of calendar year 2002. The special meeting shall beheld pursuant to the procedures found in W.S. 11-6-203(a)(ii) and (iii) except thatthe notice shall state the time and place and that a fee increase shall beconsidered. The board shall immediately notify in writing the livestock boardof any fee adjustment made under this subsection. The fee adjustment shalltake effect thirty (30) days after the date of mailing of the notice to thelivestock board and shall remain in effect through December 31, 2002.
(n) If a livestock producer requests predator managementservices from the district board representing the county in which the produceris pasturing or housing livestock, and no predator management fees have beencollected from the producer within the previous twelve (12) months, or if thefees have been refunded, the board may charge a service fee to recoverreasonable and actual costs of the predator management services provided.
(o) To be eligible to receive state funds, the district shallassess and collect all available fees on livestock in the district.
ARTICLE 3 - WYOMING ANIMAL DAMAGE MANAGEMENT PROGRAM
11-6-301. Short title.
This article may be cited as the"Wyoming animal damage management program".
11-6-302. Definitions.
(a) As used in this article:
(i) "Board" means the Wyoming animal damagemanagement board (ADMB);
(ii) "Crop" or "agricultural crop" when nototherwise defined by statute means corn, oats, wheat, barley, flax, sorghumsand other grains, potatoes, vegetables, forage legumes, hay, and any otherproduct of cultivation, trees, bees, honey and hives;
(iii) "Damage" means any injury to or loss of livestock,agricultural crops or wildlife inflicted by predatory animals, predacious birdsor depredating animals;
(iv) "Depredating animal" means any trophy game animalor furbearing animal that causes damage;
(v) "Furbearing animal" means badger, beaver, bobcat,marten, mink, muskrat or weasel;
(vi) "Livestock" means horses, mules, cattle, swine,sheep, goats, poultry, guard animals or any other animal maintained underdomestication. Bison are considered livestock unless otherwise designated bythe Wyoming livestock board and the Wyoming game and fish commission;
(vii) "Person" means as defined by W.S. 8-1-102(a)(vi);
(viii) "Predacious bird" means any predatory avianspecies that is permitted to be taken under either Wyoming law or federal law;
(ix) "Predatory animal" means:
(A) Coyote, jackrabbit, porcupine, raccoon, red fox, skunk orstray cat; and
(B) Until the date gray wolves are removed from the list ofexperimental nonessential population, endangered species or threatened speciesin Wyoming as provided by W.S. 23-1-108, "predatory animal" includeswolves. After that date, "predatory animal" shall include any graywolf not within an area of the state in which the gray wolf is:
(I) Designated as a trophy game animal under subdivision (x)(B)(I)of this subsection; or
(II) Classifiedas a trophy game animal by the game and fish commission pursuant to W.S.23-1-304(a).
(x) "Trophy game animal" means:
(A) Black bear, grizzly bear or mountain lion; and
(B) From and after the date gray wolves are removed from thelist of experimental nonessential population, endangered species or threatenedspecies in Wyoming as provided by W.S. 23-1-108:
(I) "Trophygame animal" shall include any gray wolf within those tracts of landwithin the following described area, subject to modification as authorized inthis subdivision: northwest Wyoming beginning at the east boundary of theShoshone National Forest and the Wyoming-Montana state line; southerly alongsaid forest boundary to the common boundary between the Shoshone NationalForest and the Wind River Indian Reservation; westerly and then southeasterlyalong the Shoshone National Forest boundary to the Union Pass Road (USFS Road263); southerly along said road until it intersects the north boundary of theUpper Green River Cattle Association's grazing allotment on forest servicelands; following the eastern boundary of said allotment southerly and westerlyto the point it intersects the Bridger-Teton National Forest boundary; westerlyalong said forest boundary to U.S. Highway 189-191; northwesterly along saidhighway to U.S. Highway 26-89-191 at Hoback Junction; northerly along saidhighway to Wyoming Highway 22; westerly along said highway to the Wyoming-Idahostate line; north along said state line to the Wyoming-Montana state line;north and then east along said state line to the east boundary of the ShoshoneNational Forest. This described area may be diminished by rule of the game andfish commission if the game and fish commission determines the diminution doesnot impede the delisting of gray wolves and will facilitate Wyoming'smanagement of wolves; and
(II) "Trophygame animal" shall include any gray wolf within any area of the statewhere gray wolves are classified as trophy game animals by the game and fishcommission pursuant to W.S. 23-1-304(a).
(xi) "Wildlife" means all wild mammals, birds, fish,amphibians, reptiles, crustaceans and mollusks, and wild bison designated bythe Wyoming game and fish commission and the Wyoming livestock board withinthis state;
(xii) "Take" means as defined by W.S. 23-1-102(a)(vii).
(b) To the extentnecessary to achieve federal government delisting of the gray wolf, thegovernor may direct the game and fish commission to adopt a boundary between thearea in which the wolf is treated as a trophy game animal and the area where itis treated as a predator at any place between the area described in subdivision(a)(x)(B)(I) of this section and the following described area: northwestWyoming beginning at the junction of Wyoming Highway 120 and theWyoming-Montana state line; southerly along Wyoming Highway 120 to the GreybullRiver; southwesterly up said river to the Wood River; southwesterly up saidriver to the Shoshone National Forest boundary; southerly along said boundaryto the Wind River Indian Reservation boundary; westerly, then southerly alongsaid boundary to the Continental Divide; southeasterly along said divide to theMiddle Fork of Boulder Creek; westerly down said creek to Boulder Creek; westerlydown said creek to the Bridger-Teton National Forest boundary; northwesterlyalong said boundary to its intersection with U.S. Highway 189-191;northwesterly along said highway to the intersection with U.S. Highway26-89-191; northerly along said highway to Wyoming Highway 22 in the town ofJackson; westerly along said highway to the Wyoming-Idaho state line; northalong said state line to the Wyoming-Montana state line; north, then east alongsaid state line to Wyoming Highway 120. Any boundary change adopted pursuant tothis subsection shall be certified and effective as provided in W.S.23-1-109(f).
(a) There is created the animal damage management board for thepurposes of mitigating damage caused to livestock, wildlife and crops bypredatory animals, predacious birds and depredating animals or for theprotection of human health and safety. The board may mitigate damage caused by depredatinganimals by and through a memorandum of understanding with the Wyoming game andfish commission. The board shall be composed of twelve (12) members appointedby the governor as follows:
(i) The director of the Wyoming department of agriculture;
(ii) The director of the Wyoming game and fish department;
(iii) One (1) domestic sheep producer;
(iv) One (1) cattle producer;
(v) The state director for the United States department ofagriculture, animal and plant health inspection service, wildlife services(USDA/APHIS/WS);
(vi) Two (2) members representing the interests of sportsmen,outfitters and hunters, not more than one (1) of these members shall beappointed to represent the interests of outfitters;
(vii) The president of the state predator management advisoryboard created under W.S. 11-6-201;
(viii) One (1) member from an urban area;
(ix) One (1) member from the Wyoming game and fish commission;
(x) One (1) member of the Wyoming board of agriculture; and
(xi) One (1) member representing the interests of nonconsumptiveusers of the state's wildlife resource.
(b) A representative from the United States forest service(USFS), the United States fish and wildlife service (USFWS) and United Statesbureau of land management (BLM) shall serve as exofficio nonvoting members ofthe board.
(c) The directors of the departments of agriculture and gameand fish shall serve as co-chairs of the ADMB and shall give general directionto the ADMB and the ADMB administrative officer.
(d) The director of the department of agriculture or hisdesignee shall serve as the ADMB's administrative officer and carry out theADMB's administrative functions.
(e) Except for the directors of the departments of agricultureand game and fish, the state director for the United States department ofagriculture, animal and plant health inspection service, wildlife services(USDA/APHIS/WS), and the president of the state predator management advisoryboard created under W.S. 11-6-201, the remaining members of the board shallhold office for staggered terms of four (4) years. For the remaining membersof the initial board, four (4) members shall be appointed for a term of four(4) years, four (4) members shall be appointed for a term of two (2) years. Each appointed member shall be limited to serving on the board for eight (8)consecutive years, however, a member may be reappointed after a four (4) yearabsence. Each member shall hold office until his successor is appointed andhas been qualified. As terms of current ADMB members expire, the governorshall appoint each new member or reappointed member to a four (4) year term.
(f) When a vacancy occurs in the membership for any reason, areplacement shall be appointed for the unexpired term.
(g) Attendance of six (6) members at a duly called meetingshall constitute a quorum for the transaction of official business. The ADMBshall convene at the times and places prescribed by the chair.
(h) Members of the board who are not government employees shallreceive no compensation or benefits for their services, but may receive perdiem and expenses incurred in the performance of the member's official dutiesat the established state rate, to be paid from the animal damage managementaccount.
(j) Members may decline to receive per diem and expenses fortheir service.
(k) State government officer and employee members who do notreceive salary, per diem, or expenses from their agency for their service mayreceive per diem and expenses incurred in the performance of their officialduties from the ADMB at the established state rate, to be paid from the animaldamage management account.
(m) State government official and employee members may declineto receive per diem and expenses for their service.
11-6-304. ADMB responsibilities; animal damage management policy;rules; methods to manage predatory animals, predacious birds, depredatinganimals and rabid wildlife; manner of calling meetings; frequency.
(a) The ADMB is responsible for the formulation of the damage preventionmanagement policy of the state, and by and through an executed memorandum ofunderstanding (MOU) with the Wyoming game and fish commission is responsiblefor management of rabid wildlife, crop, livestock and wildlife damage done bydepredating animals and wildlife damage by predatory animals and predaciousbirds. The ADMB in conjunction with its responsibility may, consistent with theWyoming Administrative Procedure Act adopt rules to implement policiesadministered by the ADMB. After consultation with the livestock board and thedepartment of health, the ADMB shall promulgate rules pertaining to rabiesprevention in wildlife including surveillance, public education, vaccinationprotocol, post-exposure procedures and quarantines. The ADMB may enter into theagreements with law enforcing agencies to carry out the quarantine provisions.Nothing in this article shall preempt the Wyoming game and fish commissionauthority to manage wildlife or determine damage pursuant to any provision intitle 23.
(b) In its deliberations the ADMB shall:
(i) Entertain requests for assistance in order to allowmitigation of predator damage;
(ii) Specify programs designed to prevent damage by predatoryanimals, rabid wildlife, predacious birds and depredating animals to livestock,agricultural crops, wildlife, property, human health and safety;
(iii) Provide various degrees of predatory animal, predaciousbird and depredating animal damage management services to individualagricultural livestock and crop producers, landowners, lessors oradministrators, and to urban, residential and industrial property owners. Damage management services shall also be provided and conducted for the benefitof wildlife populations and human health and safety;
(iv) Specify methods for the prevention and management of damageand for the selective control of predatory animals, rabid wildlife, predaciousbirds and depredating animals;
(v) Maintain responsibility and appropriate funds for thepurpose of providing damage prevention and management to agricultural livestockand crops, wildlife, property and human health and safety caused by predatoryanimals, rabid wildlife, predacious birds and depredating animals;
(vi) Cooperate with federal, state and county governments,educational institutions and private persons or organizations to effectuateagricultural and wildlife damage and rabid wildlife prevention policies;
(vii) Develop memorandums of understanding between the Wyomingdepartment of agriculture and the Wyoming game and fish commission and theUnited States department of agriculture, animal and plant health inspectionservice, wildlife services (USDA/APHIS/WS) to accommodate funding sources andadministrative guidelines for the program;
(viii) Consider any recommendations received from the Wyoming gameand fish commission and the Wyoming department of agriculture.
(c) The ADMB shall conduct meetings in accordance with itsestablished policy, but shall meet at least once each year in the month ofJanuary.
(d) The ADMB may adopt rules and regulations necessary forcarrying out the purpose and provisions of this article. The ADMB may appointemployees and assistants as necessary and fix their compensation. The ADMB mayenter into cooperative agreements with boards of county commissioners, predatormanagement districts, federal or state agencies or other commissions,organizations or associations for the purpose of managing predatory animals,rabid wildlife, predacious birds and depredating animals. Predator managementdistrict boards which choose not to enter into a cooperative agreement with theADMB shall not be precluded from continuing with, or entering into, acooperative agreement or memorandum of understanding with the United Statesdepartment of agriculture, animal and plant health inspection service, wildlifeservices (USDA/APHIS/WS), other entities of government, organizations orassociations. This act is not intended and shall not replace, rescind, modifynor cancel cooperative agreements or cooperative service agreements between theUSDA/APHIS/WS and the county predator management districts created under W.S.11-6-201 through 11-6-210.
(e) The ADMB may elect to provide various degrees of predatordamage management services to any other person pursuant to a separatelynegotiated cooperative agreement.
(f) The board shall investigate, test and refine the concept ofintegrated predator management. The board shall develop and establishmeasurable goals and objectives. The board shall report to the governor and thejoint agriculture, public lands and water resources interim committee and jointappropriations interim committee on or before December 31 of each year todetermine the progress the board has made toward achieving the goals andobjectives it has established.
11-6-305. Wyoming animal damage management board funding; sources;methods of collection.
(a) There is created a "wildlife damage management"stamp. The stamp, issued at licensed selling agents as designated by theWyoming game and fish commission may be purchased voluntarily. Proceeds fromthe sale of the stamp, excluding fifty cents ($.50) which the agent shallretain for each stamp sold, shall be deposited by the state treasurer into theanimal damage management account created by W.S. 11-6-306. The Wyoming game andfish commission shall retain the fees related to those administrative costswhich are required to design and print stamps, and collect, account for anddisburse these funds to the ADMB. The Wyoming game and fish commission shallannually provide to the ADMB a complete and detailed accounting of alladministrative costs and fees.
(b) The purchase price for the stamp shall be determinedannually by the ADMB in whole dollar increments and established at such a levelto meet financial obligations as budgeted.
(c) The ADMB may receive money for predatory animal, predaciousbird and depredating animal management from the federal government, stateappropriations, counties, agencies, boards, associations, commissions,individuals and any other cooperators, and may expend monies to purchasesupplies, materials, services, and to employ or contract personnel forpredatory animal, predacious bird and depredating animal damage management. TheADMB may make supplies, materials, services and personnel available tocooperators at approximate cost.
11-6-306. Animal damage management account.
(a) There is created the animal damage management account.
(b) Money received under W.S. 11-6-305 shall be deposited bythe state treasurer in the animal damage management account to be appropriatedfor the purposes provided in this article.
(c) Any supplemental contributions received by the departmentfrom livestock owners for predatory animal, predacious bird or depredatinganimal damage management programs or the prevention and management of rabidwildlife shall be deposited into the animal damage management account.
(d) The animal damage management account shall be administeredfor the ADMB by the Wyoming department of agriculture.
11-6-307. Board to request funding from game and fish commission.
The board shall annually request onehundred thousand dollars ($100,000.00) from the Wyoming game and fishcommission. These funds shall be expended for wildlife priorities. The game andfish commission may provide recommendations to the board regarding expenditureof these funds.
11-6-308. District boards; relation to ADMB; duties generally.
(a) Each predator management district board shall:
(i) Exercise general supervision in determining local prioritiesfor the management of predatory animals and predacious birds that prey upon anddestroy livestock, other domestic animals, wildlife and crops;
(ii) Devise and put in operation those methods that best managepredatory animals and predacious birds;
(iii) Administer funds received to carry out the animal damagemanagement program;
(iv) Maintain existing financial and physical resources;
(v) Provide input to the ADMB.
11-6-309. Predator management district participation with the ADMB.
If the predator management district haselected to participate in providing funding or upon approval of the ADMB, otherin-kind resources, to the animal damage management account, the district maysolicit funds or receive services from the ADMB under separate negotiatedagreement.
11-6-310. Applicability of chapter.
This article, unless contrary to federallaw, shall apply to all federal, state and private lands.
11-6-311. Exemptions.
The state predator management advisoryboard or the ADMB may exempt persons from payment of the imposed fees when therespective board determines that livestock as defined in this act arepermanently confined within pens or corrals within incorporated city limitswhere animal damage control activity by state or federal agencies is prohibitedor severely restricted.
11-6-312. Cooperative agreements generally.
The ADMB may enter into cooperativeagreements with other governmental agencies, counties, associations,corporations or individuals for carrying out the purposes of this article.
11-6-101. Permission to eradicate upon refusal of entry by propertyowner.
Whenever predatory animals become a menaceto livestock owned or controlled by any resident of Wyoming and the owner orlessee of any real estate in the vicinity where the livestock is ranged orpastured refuses permission to the owner of the livestock, his agents oremployees, to enter upon the real estate for the purpose of destroying suchpredatory animals, entry may be obtained as provided by W.S. 11-6-102 and11-6-103.
11-6-102. Application to county commissioners; hearing; determination;limitation on use of firearms.
The owner of the livestock may file awritten application with the board of county commissioners of the county wherethe real estate is located, applying for permission to eradicate predatoryanimals. If, after giving the owner or lessee an opportunity of a hearing, thecounty commissioners may grant such permission, but the person receiving thepermission shall not use firearms in destroying such animals without firstobtaining permission from the owner or lessee of the real estate.
11-6-103. Liability for damage to property.
The permission granted shall permit thepetitioner to enter upon the real estate but shall not relieve the petitionerfrom any damages which he inflicts upon any property of the owner or lessee ofthe real estate.
11-6-104. Centralized and coordinated rodent and predator control planauthorized; release of information restricted.
(a) The department may establish and implement a cooperativeand coordinated plan for rodent and predator control. It may cooperate withfederal agencies in the control of rodents, predatory animals and predaciousbirds, as defined in W.S. 23-1-101, which are destructive to livestock, gameand poultry, or are detrimental to feed and foodstuffs, crops and forageproduction and human health. The department may promulgate necessary rules andregulations to carry out the purposes of this section.
(b) Any information regarding the number or nature of rodentsor predators legally taken within the state pursuant to this section shall onlybe released in its aggregate form. The identity of any person legally taking arodent or predator within this state is solely for the use of the responsibleagency or appropriate law enforcement agency, shall not be released without theindividual's written consent and is not a public record for purposes of W.S.16-4-201 through 16-4-205.
11-6-105. Issuance of aerial hunting permits authorized.
The department may issue permits for theaerial hunting of rodents and predators to any person for the protection oflivestock, domesticated animals or human life, upon a showing that the personor their designated pilot, along with the aircraft to be utilized in the aerialhunting, have been licensed and qualified in accordance with the requirementsof the Wyoming aeronautics commission. The department shall furnish to the gameand fish department a list of the names and addresses of the persons to whomthey have issued aerial permits. The department may predicate the issuance orretention of such permits upon the recipients' full and prompt disclosure ofinformation as the department may request for submission to the authoritiesdesignated in accordance with section 13 of the Fish and Wildlife Act of 1956or its successor. The department shall collect a fee from each person who hasany aircraft permitted under this section on or before April 1 of each year inthe amount authorized by W.S. 11-1-104.
11-6-106. Receiving and expending monies for supplies.
The department may receive money for rodentand predator control from the federal government, state appropriations,counties, agencies, boards, associations, commissions, individuals and anyother cooperators and may expend such monies to purchase supplies, materials,services, and to employ or contract personnel for rodent and predator control.The department may make such supplies, materials, services and personnelavailable to cooperators at approximate cost.
11-6-107. Disposition of proceeds.
All predator furs, skins and specimenstaken by hunters or trappers whose salaries are paid in full by cooperatingagencies, shall be sold and the proceeds returned to the respective predator managementdistrict of the county in which the furs, skins or specimens originated. Allreceipts from sales of materials and services related to predatory animal androdent control received by the department shall be paid into the state generalfund.
11-6-108. Cooperative agreements generally.
The department may enter into cooperativeagreements with other governmental agencies, counties, associations,corporations or individuals for carrying out the purposes of W.S. 11-6-104through 11-6-107.
ARTICLE 2 - DISTRICTS AND DISTRICT BOARDS
11-6-201. Creation and designation of districts; state predatormanagement advisory board.
(a) Each county is created and designated as a predatormanagement district. Each district shall be known as the "Predator ManagementDistrict of .... County, Wyoming," and it may hold property and be a partyto suits and contracts.
(b) There is created a state predator management advisoryboard composed of one (1) representative of each predator management district.The state predator management advisory board representative shall be appointedby the individual predator management district boards of directors and sodesignated in writing.
11-6-202. Administration of districts by district boards; number andqualifications of members; term; filling of vacancies.
(a) The affairs of each district shall be administered by aboard of directors, each of whom shall be a bona fide resident of Wyoming.Directors for the positions identified in paragraphs (i) and (ii) of thissubsection shall be elected at an annual meeting of district livestock owners.Directors for the positions identified in paragraphs (iv) and (v) of thissubsection shall be appointed as described. The composition of the board shallbe as follows:
(i) Three (3) directors shall be sheep owners having paidpredator management fees on sheep in the district in the year precedingelection. At each subsequent annual district meeting one (1) director shall beelected for a three (3) year term. All sheep owners whether an individual,corporation or partnership, having paid predator management fees on sheep inthe district regardless of the domicile of the sheep, are entitled to one (1)vote at the meeting;
(ii) Three (3) directors shall be cattle owners having paidpredator management fees on cattle in the district in the year precedingelection. At each subsequent annual district meeting one (1) director shall beelected for a three (3) year term. All cattle owners whether an individual,corporation or partnership, having paid predator management fees on cattle inthe district regardless of the domicile of the cattle, are entitled to one (1)vote at the meeting;
(iii) If a qualified applicant for a director position identifiedin paragraph (i) or (ii) of this subsection cannot be found or if no qualifiedapplicant seeks election to the board of directors, then the director positionmay be filled by an otherwise qualified elector, provided no more than four (4)directors may represent any one (1) species of livestock;
(iv) The board of county commissioners shall appoint one (1)director to serve for an initial term of two (2) years and thereafter for three(3) year terms from electors in the county not engaged in raising sheep orcattle. No appointed member may serve for a consecutive period of more than six(6) years;
(v) If the board of directors determines state funds arenecessary for an effective predator management program to assure the statutoryrequirements provided in W.S. 11-6-205 are fulfilled and state funds areappropriated and received for that purpose, then three (3) directorsrepresenting sportsmen and hunters from the district shall be appointed to theboard of directors by the county commissioners serving the local district. Sportsmen and hunter representatives shall be bona fide residents of thedistrict not engaged in raising sheep or cattle and shall hold or have heldeither a valid Wyoming fishing or hunting license or a Wyoming wildlife damagemanagement stamp within the preceding twelve (12) month period. Countycommissioners, to the greatest extent practical, shall select sportsmen andhunter representatives to ensure representation from as broad a geographicdistribution of the district as possible. The county commissioners shalldetermine who of the three (3) sportsmen and hunter directors appointed to aboard under this paragraph shall serve an initial term of one (1) year, whoshall serve an initial term of (2) years and who shall serve a term of three(3) years. Thereafter, each term shall be for three (3) years.
(b) No director shall continue to hold office afterdisqualification under any of the provisions of this section. All vacancies onthe district board may be filled for unexpired terms by the other directors inoffice except the public member's and the sportsmen and hunter member'sunexpired term shall be filled by board of county commissioners appointment.All members shall hold their offices until their successors are elected andqualified.
11-6-203. Manner of calling annual meeting of predator managementdistricts; when held; election of chairman and secretary.
(a) The annual meeting of each predator management districtshall be held within the first two (2) weeks of December and each board shall:
(i) On or before December 1, obtain an accurate list of allpersons who have paid predator management fees on sheep or cattle in thedistrict;
(ii) Publish a notice stating the time and place of any meetingof the district and that directors of the board representing livestock interestsas provided in W.S. 11-6-202(a)(i) and (ii) shall be elected at the meeting.Notice shall be published once in a newspaper of general circulation in thedistrict ten (10) days prior to the date of the meeting;
(iii) Set the date of the meeting so as not to conflict with thedate of similar meetings held in adjoining districts in order that sheep andcattle owners operating in more than one (1) district may attend and vote inother districts where they are engaged in such business;
(iv) Set the annual predatory animal control fee for thedistrict as provided by W.S. 11-6-210(a).
(b) When assembled in accordance with the provisions ofsubsection (a) of this section, the sheep and cattle owners shall elect achairman and secretary who shall act as judges of the election of directorsrepresenting livestock interests of the board.
11-6-204. District boards; election and appointment of officers;meetings; quorum; oath; appropriation requests.
At the annual meeting of the districtboard, following election of directors pursuant to W.S. 11-6-202(a)(i), (ii)and (iv) and upon appointment of directors pursuant to W.S. 11-6-202(a)(v), ifapplicable, the directors shall organize by choosing from their number apresident and vice-president and shall appoint a secretary-treasurer.Subsequent meetings may be called by the president upon reasonable notice. Amajority of the board constitutes a quorum for the transaction of business atany board meeting. The members of the board shall receive no compensation forserving as members. Each director shall take an oath for the faithfulperformance of his duties. If the board determines to request an appropriationof funds from the board of county commissioners, it shall, at least thirty (30)days prior to the time for annual levy of general taxes, notify the board ofcounty commissioners of the amount the district board considers necessary fordistrict operations during the following year.
11-6-205. District boards; duties generally.
(a) Each predator management district board shall:
(i) Exercise general supervision over the control of predatoryanimals and predacious birds that prey upon and destroy livestock, otherdomestic animals and wildlife;
(ii) Devise and put in operation those methods that best manageor control damage caused by predatory animals or predacious birds;
(iii) Administer funds received from predator management fees andfrom other sources to carry out the predator management program;
(iv) Coordinate with affected individuals and entities todevelop a comprehensive predator management program for each respectivepredator management district which addresses livestock, wildlife and publichealth concerns.
11-6-206. District boards; powers generally.
Each predator management district board mayadopt rules and regulations necessary for carrying out the purpose andprovisions of this article. Each board may appoint employees and assistants asnecessary and fix their compensation. Each board may enter into cooperativeagreements with boards of county commissioners, other predator managementdistricts, federal or state agencies or other organizations or associations forthe purpose of controlling predatory animals and predacious birds. Each boardis authorized to pay bounties for predatory animals and predacious birds.
11-6-207. District boards; record of proceedings and expenditures;monthly warrants issued by county for monies collected.
(a) The secretary-treasurer of each predator managementdistrict shall keep a complete and accurate record of the proceedings of theboard.
(b) All salaries, expenses or bounties shall be paid from thepredator management district fund of the district by the secretary-treasurer.
(c) All expenditures of the district shall be supported byproperly approved vouchers and supporting documents in writing signed by theboard president and any other director.
(d) The county treasurer shall issue monthly warrants to thepredator management district for all monies collected in the county for thepredator management district.
11-6-208. District boards; annual report.
On or before October 1 of each year, thepresident and secretary-treasurer of each district board and each countytreasurer shall make an annual report to their board of county commissionersshowing all receipts and disbursement of district funds made by direction ofthe board during the preceding fiscal year. A report of the receipts,expenditures and financial transactions of the district shall be made asprovided by W.S. 9-1-507. The director of the state department of audit maycall upon any district board or upon any county treasurer for furtherinformation relating to any predator management district.
11-6-209. Annual meetings of predator management boards.
Annual meetings for the election of membersof boards of directors of predator management districts shall be called by thepresident of each board. The meetings shall be called by a notice published inthe manner provided by W.S. 11-6-203.
11-6-210. Creation of predator management district fund; predatormanagement fees; donations; appropriation by county commissioners.
(a) At the time of collecting brand inspection fees imposedunder W.S. 11-20-401 and 11-20-402, the brand inspector shall collect predatormanagement fees on all sheep and cattle inspected within each predatormanagement district. However, predator management fees shall not be collectedon cattle and sheep shipped into this state for immediate sale or slaughter.The amount of the fee for each predator management district shall beestablished by each predator management district board in consultation with thestate predator management advisory board and shall not exceed one dollar($1.00) per head on sheep and cattle. The directors elected pursuant to W.S.11-6-202(a)(i) and (ii) from each predator management district board shallannually determine the predator management fee to be charged and collected inthe district taking into consideration comments solicited from the producerspresent at the district's annual meeting as provided for in W.S. 11-6-203, whohave paid predator management fees within the district during the precedingtwelve (12) months and shall inform the livestock board of the fee prior toJanuary 1 each year. The fee shall not be collected on the same livestock morethan once in any twelve (12) month period. The livestock board may retain notto exceed five percent (5%) of the revenues collected for the actual cost ofcollecting the predator management fee. Remaining revenues collected by thelivestock board under this section shall be remitted to the state treasurer fordeposit in an account. The state treasurer, on a quarterly basis, shalldistribute the revenues to the county treasurer of the county from which theshipment originated unless, at the time of payment of the fees, the livestockowner designates the fees to be distributed in total to another county in thisstate in which the livestock are fed or pastured. The county treasurer shalldeposit revenues distributed under this subsection into a special continuingfund, to be known as the "Predator Management District Fund of ....County" and to be administered by the predator management board of thatdistrict.
(b) Repealed by Laws 1990, ch. 87, 3.
(c) Repealed by Laws 1990, ch. 87, 3.
(d) The district board may receive donations and appropriationsof money from any source, and such donations and appropriations shall be placedin the district fund by the county treasurer upon request of the districtboard. Nothing in W.S. 11-6-201 through 11-6-210 shall be construed to prohibitboards of county commissioners from appropriating funds for the purpose ofcontrolling predatory animals and predacious birds, and such appropriation byboards of county commissioners is authorized.
(e) Repealed by Laws 1990, ch. 87, 3.
(f) Notwithstanding subsection (a) of this section, the amountof the annual predator management fee for sheep and cattle shipped into thisstate for confinement in a commercial feedlot shall not exceed twenty-fivecents ($0.25) per head on sheep and cattle. For purposes of this subsection,"commercial feedlot" means any place, establishment or facilitycommonly known as a feedlot conducted, operated or managed for profit ornonprofit for livestock producers, feeders or market agencies, consisting ofpens and their appurtenances, in which livestock are received, held, fed, caredfor or kept for sale or shipment in commerce. A pasture, field or otherenclosure, fenced or unfenced, shall not be considered a commercial feedlot forpurposes of this subsection. The predator management district board shall havethe authority to determine if a facility qualifies as a commercial feedlot asdefined in this subsection.
(g) Each predator management district board shall annuallyallocate five percent (5%) of all predator management fee collections to beused for refunds, in whole or in part. If a refund is requested the boardshall pay the refund within one hundred eighty (180) days of application. Refunds under this subsection shall be subject to the following:
(i) To be valid, the application for refund shall be receivedno later than sixty (60) days after the end of the calendar year in which thefee was paid;
(ii) No person receiving a refund shall receive any predatoryanimal control services funded in whole or in part by the predatory animalcontrol fees until that person has paid one hundred fifty percent (150%) of allrefunds received during the year in which the services were sought and thethree (3) preceding calendar years; and
(iii) All monies not paid in refunds shall annually revert to thedistrict predator management account on July 1 of the following year.
(h) Notwithstanding subsection (a) of this section, nopredatory animal control fee shall be collected on livestock shipped or trailedwithin this state if change of ownership does not occur.
(j) Any person failing to pay the predator animal control feeimposed by subsection (a) or (f) of this section shall be punished as providedby W.S. 11-1-103.
(k) In addition to the other fees imposed by this section, anyperson paying the predator control fee may pay an additional ten cents ($.10)per head to fund the predator management activities of the Wyoming animaldamage management board created by W.S. 11-6-303. Any fees collected pursuantto this subsection shall be deposited in the animal damage management accountcreated by W.S. 11-6-306.
(m) After July 1, 2002 and before December 1, 2002, a predatoryanimal district board may hold a special meeting during which an adjustment ofthe predatory animal control fee set under subsection (a) of this section maybe made for the balance of calendar year 2002. The special meeting shall beheld pursuant to the procedures found in W.S. 11-6-203(a)(ii) and (iii) except thatthe notice shall state the time and place and that a fee increase shall beconsidered. The board shall immediately notify in writing the livestock boardof any fee adjustment made under this subsection. The fee adjustment shalltake effect thirty (30) days after the date of mailing of the notice to thelivestock board and shall remain in effect through December 31, 2002.
(n) If a livestock producer requests predator managementservices from the district board representing the county in which the produceris pasturing or housing livestock, and no predator management fees have beencollected from the producer within the previous twelve (12) months, or if thefees have been refunded, the board may charge a service fee to recoverreasonable and actual costs of the predator management services provided.
(o) To be eligible to receive state funds, the district shallassess and collect all available fees on livestock in the district.
ARTICLE 3 - WYOMING ANIMAL DAMAGE MANAGEMENT PROGRAM
11-6-301. Short title.
This article may be cited as the"Wyoming animal damage management program".
11-6-302. Definitions.
(a) As used in this article:
(i) "Board" means the Wyoming animal damagemanagement board (ADMB);
(ii) "Crop" or "agricultural crop" when nototherwise defined by statute means corn, oats, wheat, barley, flax, sorghumsand other grains, potatoes, vegetables, forage legumes, hay, and any otherproduct of cultivation, trees, bees, honey and hives;
(iii) "Damage" means any injury to or loss of livestock,agricultural crops or wildlife inflicted by predatory animals, predacious birdsor depredating animals;
(iv) "Depredating animal" means any trophy game animalor furbearing animal that causes damage;
(v) "Furbearing animal" means badger, beaver, bobcat,marten, mink, muskrat or weasel;
(vi) "Livestock" means horses, mules, cattle, swine,sheep, goats, poultry, guard animals or any other animal maintained underdomestication. Bison are considered livestock unless otherwise designated bythe Wyoming livestock board and the Wyoming game and fish commission;
(vii) "Person" means as defined by W.S. 8-1-102(a)(vi);
(viii) "Predacious bird" means any predatory avianspecies that is permitted to be taken under either Wyoming law or federal law;
(ix) "Predatory animal" means:
(A) Coyote, jackrabbit, porcupine, raccoon, red fox, skunk orstray cat; and
(B) Until the date gray wolves are removed from the list ofexperimental nonessential population, endangered species or threatened speciesin Wyoming as provided by W.S. 23-1-108, "predatory animal" includeswolves. After that date, "predatory animal" shall include any graywolf not within an area of the state in which the gray wolf is:
(I) Designated as a trophy game animal under subdivision (x)(B)(I)of this subsection; or
(II) Classifiedas a trophy game animal by the game and fish commission pursuant to W.S.23-1-304(a).
(x) "Trophy game animal" means:
(A) Black bear, grizzly bear or mountain lion; and
(B) From and after the date gray wolves are removed from thelist of experimental nonessential population, endangered species or threatenedspecies in Wyoming as provided by W.S. 23-1-108:
(I) "Trophygame animal" shall include any gray wolf within those tracts of landwithin the following described area, subject to modification as authorized inthis subdivision: northwest Wyoming beginning at the east boundary of theShoshone National Forest and the Wyoming-Montana state line; southerly alongsaid forest boundary to the common boundary between the Shoshone NationalForest and the Wind River Indian Reservation; westerly and then southeasterlyalong the Shoshone National Forest boundary to the Union Pass Road (USFS Road263); southerly along said road until it intersects the north boundary of theUpper Green River Cattle Association's grazing allotment on forest servicelands; following the eastern boundary of said allotment southerly and westerlyto the point it intersects the Bridger-Teton National Forest boundary; westerlyalong said forest boundary to U.S. Highway 189-191; northwesterly along saidhighway to U.S. Highway 26-89-191 at Hoback Junction; northerly along saidhighway to Wyoming Highway 22; westerly along said highway to the Wyoming-Idahostate line; north along said state line to the Wyoming-Montana state line;north and then east along said state line to the east boundary of the ShoshoneNational Forest. This described area may be diminished by rule of the game andfish commission if the game and fish commission determines the diminution doesnot impede the delisting of gray wolves and will facilitate Wyoming'smanagement of wolves; and
(II) "Trophygame animal" shall include any gray wolf within any area of the statewhere gray wolves are classified as trophy game animals by the game and fishcommission pursuant to W.S. 23-1-304(a).
(xi) "Wildlife" means all wild mammals, birds, fish,amphibians, reptiles, crustaceans and mollusks, and wild bison designated bythe Wyoming game and fish commission and the Wyoming livestock board withinthis state;
(xii) "Take" means as defined by W.S. 23-1-102(a)(vii).
(b) To the extentnecessary to achieve federal government delisting of the gray wolf, thegovernor may direct the game and fish commission to adopt a boundary between thearea in which the wolf is treated as a trophy game animal and the area where itis treated as a predator at any place between the area described in subdivision(a)(x)(B)(I) of this section and the following described area: northwestWyoming beginning at the junction of Wyoming Highway 120 and theWyoming-Montana state line; southerly along Wyoming Highway 120 to the GreybullRiver; southwesterly up said river to the Wood River; southwesterly up saidriver to the Shoshone National Forest boundary; southerly along said boundaryto the Wind River Indian Reservation boundary; westerly, then southerly alongsaid boundary to the Continental Divide; southeasterly along said divide to theMiddle Fork of Boulder Creek; westerly down said creek to Boulder Creek; westerlydown said creek to the Bridger-Teton National Forest boundary; northwesterlyalong said boundary to its intersection with U.S. Highway 189-191;northwesterly along said highway to the intersection with U.S. Highway26-89-191; northerly along said highway to Wyoming Highway 22 in the town ofJackson; westerly along said highway to the Wyoming-Idaho state line; northalong said state line to the Wyoming-Montana state line; north, then east alongsaid state line to Wyoming Highway 120. Any boundary change adopted pursuant tothis subsection shall be certified and effective as provided in W.S.23-1-109(f).
(a) There is created the animal damage management board for thepurposes of mitigating damage caused to livestock, wildlife and crops bypredatory animals, predacious birds and depredating animals or for theprotection of human health and safety. The board may mitigate damage caused by depredatinganimals by and through a memorandum of understanding with the Wyoming game andfish commission. The board shall be composed of twelve (12) members appointedby the governor as follows:
(i) The director of the Wyoming department of agriculture;
(ii) The director of the Wyoming game and fish department;
(iii) One (1) domestic sheep producer;
(iv) One (1) cattle producer;
(v) The state director for the United States department ofagriculture, animal and plant health inspection service, wildlife services(USDA/APHIS/WS);
(vi) Two (2) members representing the interests of sportsmen,outfitters and hunters, not more than one (1) of these members shall beappointed to represent the interests of outfitters;
(vii) The president of the state predator management advisoryboard created under W.S. 11-6-201;
(viii) One (1) member from an urban area;
(ix) One (1) member from the Wyoming game and fish commission;
(x) One (1) member of the Wyoming board of agriculture; and
(xi) One (1) member representing the interests of nonconsumptiveusers of the state's wildlife resource.
(b) A representative from the United States forest service(USFS), the United States fish and wildlife service (USFWS) and United Statesbureau of land management (BLM) shall serve as exofficio nonvoting members ofthe board.
(c) The directors of the departments of agriculture and gameand fish shall serve as co-chairs of the ADMB and shall give general directionto the ADMB and the ADMB administrative officer.
(d) The director of the department of agriculture or hisdesignee shall serve as the ADMB's administrative officer and carry out theADMB's administrative functions.
(e) Except for the directors of the departments of agricultureand game and fish, the state director for the United States department ofagriculture, animal and plant health inspection service, wildlife services(USDA/APHIS/WS), and the president of the state predator management advisoryboard created under W.S. 11-6-201, the remaining members of the board shallhold office for staggered terms of four (4) years. For the remaining membersof the initial board, four (4) members shall be appointed for a term of four(4) years, four (4) members shall be appointed for a term of two (2) years. Each appointed member shall be limited to serving on the board for eight (8)consecutive years, however, a member may be reappointed after a four (4) yearabsence. Each member shall hold office until his successor is appointed andhas been qualified. As terms of current ADMB members expire, the governorshall appoint each new member or reappointed member to a four (4) year term.
(f) When a vacancy occurs in the membership for any reason, areplacement shall be appointed for the unexpired term.
(g) Attendance of six (6) members at a duly called meetingshall constitute a quorum for the transaction of official business. The ADMBshall convene at the times and places prescribed by the chair.
(h) Members of the board who are not government employees shallreceive no compensation or benefits for their services, but may receive perdiem and expenses incurred in the performance of the member's official dutiesat the established state rate, to be paid from the animal damage managementaccount.
(j) Members may decline to receive per diem and expenses fortheir service.
(k) State government officer and employee members who do notreceive salary, per diem, or expenses from their agency for their service mayreceive per diem and expenses incurred in the performance of their officialduties from the ADMB at the established state rate, to be paid from the animaldamage management account.
(m) State government official and employee members may declineto receive per diem and expenses for their service.
11-6-304. ADMB responsibilities; animal damage management policy;rules; methods to manage predatory animals, predacious birds, depredatinganimals and rabid wildlife; manner of calling meetings; frequency.
(a) The ADMB is responsible for the formulation of the damage preventionmanagement policy of the state, and by and through an executed memorandum ofunderstanding (MOU) with the Wyoming game and fish commission is responsiblefor management of rabid wildlife, crop, livestock and wildlife damage done bydepredating animals and wildlife damage by predatory animals and predaciousbirds. The ADMB in conjunction with its responsibility may, consistent with theWyoming Administrative Procedure Act adopt rules to implement policiesadministered by the ADMB. After consultation with the livestock board and thedepartment of health, the ADMB shall promulgate rules pertaining to rabiesprevention in wildlife including surveillance, public education, vaccinationprotocol, post-exposure procedures and quarantines. The ADMB may enter into theagreements with law enforcing agencies to carry out the quarantine provisions.Nothing in this article shall preempt the Wyoming game and fish commissionauthority to manage wildlife or determine damage pursuant to any provision intitle 23.
(b) In its deliberations the ADMB shall:
(i) Entertain requests for assistance in order to allowmitigation of predator damage;
(ii) Specify programs designed to prevent damage by predatoryanimals, rabid wildlife, predacious birds and depredating animals to livestock,agricultural crops, wildlife, property, human health and safety;
(iii) Provide various degrees of predatory animal, predaciousbird and depredating animal damage management services to individualagricultural livestock and crop producers, landowners, lessors oradministrators, and to urban, residential and industrial property owners. Damage management services shall also be provided and conducted for the benefitof wildlife populations and human health and safety;
(iv) Specify methods for the prevention and management of damageand for the selective control of predatory animals, rabid wildlife, predaciousbirds and depredating animals;
(v) Maintain responsibility and appropriate funds for thepurpose of providing damage prevention and management to agricultural livestockand crops, wildlife, property and human health and safety caused by predatoryanimals, rabid wildlife, predacious birds and depredating animals;
(vi) Cooperate with federal, state and county governments,educational institutions and private persons or organizations to effectuateagricultural and wildlife damage and rabid wildlife prevention policies;
(vii) Develop memorandums of understanding between the Wyomingdepartment of agriculture and the Wyoming game and fish commission and theUnited States department of agriculture, animal and plant health inspectionservice, wildlife services (USDA/APHIS/WS) to accommodate funding sources andadministrative guidelines for the program;
(viii) Consider any recommendations received from the Wyoming gameand fish commission and the Wyoming department of agriculture.
(c) The ADMB shall conduct meetings in accordance with itsestablished policy, but shall meet at least once each year in the month ofJanuary.
(d) The ADMB may adopt rules and regulations necessary forcarrying out the purpose and provisions of this article. The ADMB may appointemployees and assistants as necessary and fix their compensation. The ADMB mayenter into cooperative agreements with boards of county commissioners, predatormanagement districts, federal or state agencies or other commissions,organizations or associations for the purpose of managing predatory animals,rabid wildlife, predacious birds and depredating animals. Predator managementdistrict boards which choose not to enter into a cooperative agreement with theADMB shall not be precluded from continuing with, or entering into, acooperative agreement or memorandum of understanding with the United Statesdepartment of agriculture, animal and plant health inspection service, wildlifeservices (USDA/APHIS/WS), other entities of government, organizations orassociations. This act is not intended and shall not replace, rescind, modifynor cancel cooperative agreements or cooperative service agreements between theUSDA/APHIS/WS and the county predator management districts created under W.S.11-6-201 through 11-6-210.
(e) The ADMB may elect to provide various degrees of predatordamage management services to any other person pursuant to a separatelynegotiated cooperative agreement.
(f) The board shall investigate, test and refine the concept ofintegrated predator management. The board shall develop and establishmeasurable goals and objectives. The board shall report to the governor and thejoint agriculture, public lands and water resources interim committee and jointappropriations interim committee on or before December 31 of each year todetermine the progress the board has made toward achieving the goals andobjectives it has established.
11-6-305. Wyoming animal damage management board funding; sources;methods of collection.
(a) There is created a "wildlife damage management"stamp. The stamp, issued at licensed selling agents as designated by theWyoming game and fish commission may be purchased voluntarily. Proceeds fromthe sale of the stamp, excluding fifty cents ($.50) which the agent shallretain for each stamp sold, shall be deposited by the state treasurer into theanimal damage management account created by W.S. 11-6-306. The Wyoming game andfish commission shall retain the fees related to those administrative costswhich are required to design and print stamps, and collect, account for anddisburse these funds to the ADMB. The Wyoming game and fish commission shallannually provide to the ADMB a complete and detailed accounting of alladministrative costs and fees.
(b) The purchase price for the stamp shall be determinedannually by the ADMB in whole dollar increments and established at such a levelto meet financial obligations as budgeted.
(c) The ADMB may receive money for predatory animal, predaciousbird and depredating animal management from the federal government, stateappropriations, counties, agencies, boards, associations, commissions,individuals and any other cooperators, and may expend monies to purchasesupplies, materials, services, and to employ or contract personnel forpredatory animal, predacious bird and depredating animal damage management. TheADMB may make supplies, materials, services and personnel available tocooperators at approximate cost.
11-6-306. Animal damage management account.
(a) There is created the animal damage management account.
(b) Money received under W.S. 11-6-305 shall be deposited bythe state treasurer in the animal damage management account to be appropriatedfor the purposes provided in this article.
(c) Any supplemental contributions received by the departmentfrom livestock owners for predatory animal, predacious bird or depredatinganimal damage management programs or the prevention and management of rabidwildlife shall be deposited into the animal damage management account.
(d) The animal damage management account shall be administeredfor the ADMB by the Wyoming department of agriculture.
11-6-307. Board to request funding from game and fish commission.
The board shall annually request onehundred thousand dollars ($100,000.00) from the Wyoming game and fishcommission. These funds shall be expended for wildlife priorities. The game andfish commission may provide recommendations to the board regarding expenditureof these funds.
11-6-308. District boards; relation to ADMB; duties generally.
(a) Each predator management district board shall:
(i) Exercise general supervision in determining local prioritiesfor the management of predatory animals and predacious birds that prey upon anddestroy livestock, other domestic animals, wildlife and crops;
(ii) Devise and put in operation those methods that best managepredatory animals and predacious birds;
(iii) Administer funds received to carry out the animal damagemanagement program;
(iv) Maintain existing financial and physical resources;
(v) Provide input to the ADMB.
11-6-309. Predator management district participation with the ADMB.
If the predator management district haselected to participate in providing funding or upon approval of the ADMB, otherin-kind resources, to the animal damage management account, the district maysolicit funds or receive services from the ADMB under separate negotiatedagreement.
11-6-310. Applicability of chapter.
This article, unless contrary to federallaw, shall apply to all federal, state and private lands.
11-6-311. Exemptions.
The state predator management advisoryboard or the ADMB may exempt persons from payment of the imposed fees when therespective board determines that livestock as defined in this act arepermanently confined within pens or corrals within incorporated city limitswhere animal damage control activity by state or federal agencies is prohibitedor severely restricted.
11-6-312. Cooperative agreements generally.
The ADMB may enter into cooperativeagreements with other governmental agencies, counties, associations,corporations or individuals for carrying out the purposes of this article.
11-6-101. Permission to eradicate upon refusal of entry by propertyowner.
Whenever predatory animals become a menaceto livestock owned or controlled by any resident of Wyoming and the owner orlessee of any real estate in the vicinity where the livestock is ranged orpastured refuses permission to the owner of the livestock, his agents oremployees, to enter upon the real estate for the purpose of destroying suchpredatory animals, entry may be obtained as provided by W.S. 11-6-102 and11-6-103.
11-6-102. Application to county commissioners; hearing; determination;limitation on use of firearms.
The owner of the livestock may file awritten application with the board of county commissioners of the county wherethe real estate is located, applying for permission to eradicate predatoryanimals. If, after giving the owner or lessee an opportunity of a hearing, thecounty commissioners may grant such permission, but the person receiving thepermission shall not use firearms in destroying such animals without firstobtaining permission from the owner or lessee of the real estate.
11-6-103. Liability for damage to property.
The permission granted shall permit thepetitioner to enter upon the real estate but shall not relieve the petitionerfrom any damages which he inflicts upon any property of the owner or lessee ofthe real estate.
11-6-104. Centralized and coordinated rodent and predator control planauthorized; release of information restricted.
(a) The department may establish and implement a cooperativeand coordinated plan for rodent and predator control. It may cooperate withfederal agencies in the control of rodents, predatory animals and predaciousbirds, as defined in W.S. 23-1-101, which are destructive to livestock, gameand poultry, or are detrimental to feed and foodstuffs, crops and forageproduction and human health. The department may promulgate necessary rules andregulations to carry out the purposes of this section.
(b) Any information regarding the number or nature of rodentsor predators legally taken within the state pursuant to this section shall onlybe released in its aggregate form. The identity of any person legally taking arodent or predator within this state is solely for the use of the responsibleagency or appropriate law enforcement agency, shall not be released without theindividual's written consent and is not a public record for purposes of W.S.16-4-201 through 16-4-205.
11-6-105. Issuance of aerial hunting permits authorized.
The department may issue permits for theaerial hunting of rodents and predators to any person for the protection oflivestock, domesticated animals or human life, upon a showing that the personor their designated pilot, along with the aircraft to be utilized in the aerialhunting, have been licensed and qualified in accordance with the requirementsof the Wyoming aeronautics commission. The department shall furnish to the gameand fish department a list of the names and addresses of the persons to whomthey have issued aerial permits. The department may predicate the issuance orretention of such permits upon the recipients' full and prompt disclosure ofinformation as the department may request for submission to the authoritiesdesignated in accordance with section 13 of the Fish and Wildlife Act of 1956or its successor. The department shall collect a fee from each person who hasany aircraft permitted under this section on or before April 1 of each year inthe amount authorized by W.S. 11-1-104.
11-6-106. Receiving and expending monies for supplies.
The department may receive money for rodentand predator control from the federal government, state appropriations,counties, agencies, boards, associations, commissions, individuals and anyother cooperators and may expend such monies to purchase supplies, materials,services, and to employ or contract personnel for rodent and predator control.The department may make such supplies, materials, services and personnelavailable to cooperators at approximate cost.
11-6-107. Disposition of proceeds.
All predator furs, skins and specimenstaken by hunters or trappers whose salaries are paid in full by cooperatingagencies, shall be sold and the proceeds returned to the respective predator managementdistrict of the county in which the furs, skins or specimens originated. Allreceipts from sales of materials and services related to predatory animal androdent control received by the department shall be paid into the state generalfund.
11-6-108. Cooperative agreements generally.
The department may enter into cooperativeagreements with other governmental agencies, counties, associations,corporations or individuals for carrying out the purposes of W.S. 11-6-104through 11-6-107.
ARTICLE 2 - DISTRICTS AND DISTRICT BOARDS
11-6-201. Creation and designation of districts; state predatormanagement advisory board.
(a) Each county is created and designated as a predatormanagement district. Each district shall be known as the "Predator ManagementDistrict of .... County, Wyoming," and it may hold property and be a partyto suits and contracts.
(b) There is created a state predator management advisoryboard composed of one (1) representative of each predator management district.The state predator management advisory board representative shall be appointedby the individual predator management district boards of directors and sodesignated in writing.
11-6-202. Administration of districts by district boards; number andqualifications of members; term; filling of vacancies.
(a) The affairs of each district shall be administered by aboard of directors, each of whom shall be a bona fide resident of Wyoming.Directors for the positions identified in paragraphs (i) and (ii) of thissubsection shall be elected at an annual meeting of district livestock owners.Directors for the positions identified in paragraphs (iv) and (v) of thissubsection shall be appointed as described. The composition of the board shallbe as follows:
(i) Three (3) directors shall be sheep owners having paidpredator management fees on sheep in the district in the year precedingelection. At each subsequent annual district meeting one (1) director shall beelected for a three (3) year term. All sheep owners whether an individual,corporation or partnership, having paid predator management fees on sheep inthe district regardless of the domicile of the sheep, are entitled to one (1)vote at the meeting;
(ii) Three (3) directors shall be cattle owners having paidpredator management fees on cattle in the district in the year precedingelection. At each subsequent annual district meeting one (1) director shall beelected for a three (3) year term. All cattle owners whether an individual,corporation or partnership, having paid predator management fees on cattle inthe district regardless of the domicile of the cattle, are entitled to one (1)vote at the meeting;
(iii) If a qualified applicant for a director position identifiedin paragraph (i) or (ii) of this subsection cannot be found or if no qualifiedapplicant seeks election to the board of directors, then the director positionmay be filled by an otherwise qualified elector, provided no more than four (4)directors may represent any one (1) species of livestock;
(iv) The board of county commissioners shall appoint one (1)director to serve for an initial term of two (2) years and thereafter for three(3) year terms from electors in the county not engaged in raising sheep orcattle. No appointed member may serve for a consecutive period of more than six(6) years;
(v) If the board of directors determines state funds arenecessary for an effective predator management program to assure the statutoryrequirements provided in W.S. 11-6-205 are fulfilled and state funds areappropriated and received for that purpose, then three (3) directorsrepresenting sportsmen and hunters from the district shall be appointed to theboard of directors by the county commissioners serving the local district. Sportsmen and hunter representatives shall be bona fide residents of thedistrict not engaged in raising sheep or cattle and shall hold or have heldeither a valid Wyoming fishing or hunting license or a Wyoming wildlife damagemanagement stamp within the preceding twelve (12) month period. Countycommissioners, to the greatest extent practical, shall select sportsmen andhunter representatives to ensure representation from as broad a geographicdistribution of the district as possible. The county commissioners shalldetermine who of the three (3) sportsmen and hunter directors appointed to aboard under this paragraph shall serve an initial term of one (1) year, whoshall serve an initial term of (2) years and who shall serve a term of three(3) years. Thereafter, each term shall be for three (3) years.
(b) No director shall continue to hold office afterdisqualification under any of the provisions of this section. All vacancies onthe district board may be filled for unexpired terms by the other directors inoffice except the public member's and the sportsmen and hunter member'sunexpired term shall be filled by board of county commissioners appointment.All members shall hold their offices until their successors are elected andqualified.
11-6-203. Manner of calling annual meeting of predator managementdistricts; when held; election of chairman and secretary.
(a) The annual meeting of each predator management districtshall be held within the first two (2) weeks of December and each board shall:
(i) On or before December 1, obtain an accurate list of allpersons who have paid predator management fees on sheep or cattle in thedistrict;
(ii) Publish a notice stating the time and place of any meetingof the district and that directors of the board representing livestock interestsas provided in W.S. 11-6-202(a)(i) and (ii) shall be elected at the meeting.Notice shall be published once in a newspaper of general circulation in thedistrict ten (10) days prior to the date of the meeting;
(iii) Set the date of the meeting so as not to conflict with thedate of similar meetings held in adjoining districts in order that sheep andcattle owners operating in more than one (1) district may attend and vote inother districts where they are engaged in such business;
(iv) Set the annual predatory animal control fee for thedistrict as provided by W.S. 11-6-210(a).
(b) When assembled in accordance with the provisions ofsubsection (a) of this section, the sheep and cattle owners shall elect achairman and secretary who shall act as judges of the election of directorsrepresenting livestock interests of the board.
11-6-204. District boards; election and appointment of officers;meetings; quorum; oath; appropriation requests.
At the annual meeting of the districtboard, following election of directors pursuant to W.S. 11-6-202(a)(i), (ii)and (iv) and upon appointment of directors pursuant to W.S. 11-6-202(a)(v), ifapplicable, the directors shall organize by choosing from their number apresident and vice-president and shall appoint a secretary-treasurer.Subsequent meetings may be called by the president upon reasonable notice. Amajority of the board constitutes a quorum for the transaction of business atany board meeting. The members of the board shall receive no compensation forserving as members. Each director shall take an oath for the faithfulperformance of his duties. If the board determines to request an appropriationof funds from the board of county commissioners, it shall, at least thirty (30)days prior to the time for annual levy of general taxes, notify the board ofcounty commissioners of the amount the district board considers necessary fordistrict operations during the following year.
11-6-205. District boards; duties generally.
(a) Each predator management district board shall:
(i) Exercise general supervision over the control of predatoryanimals and predacious birds that prey upon and destroy livestock, otherdomestic animals and wildlife;
(ii) Devise and put in operation those methods that best manageor control damage caused by predatory animals or predacious birds;
(iii) Administer funds received from predator management fees andfrom other sources to carry out the predator management program;
(iv) Coordinate with affected individuals and entities todevelop a comprehensive predator management program for each respectivepredator management district which addresses livestock, wildlife and publichealth concerns.
11-6-206. District boards; powers generally.
Each predator management district board mayadopt rules and regulations necessary for carrying out the purpose andprovisions of this article. Each board may appoint employees and assistants asnecessary and fix their compensation. Each board may enter into cooperativeagreements with boards of county commissioners, other predator managementdistricts, federal or state agencies or other organizations or associations forthe purpose of controlling predatory animals and predacious birds. Each boardis authorized to pay bounties for predatory animals and predacious birds.
11-6-207. District boards; record of proceedings and expenditures;monthly warrants issued by county for monies collected.
(a) The secretary-treasurer of each predator managementdistrict shall keep a complete and accurate record of the proceedings of theboard.
(b) All salaries, expenses or bounties shall be paid from thepredator management district fund of the district by the secretary-treasurer.
(c) All expenditures of the district shall be supported byproperly approved vouchers and supporting documents in writing signed by theboard president and any other director.
(d) The county treasurer shall issue monthly warrants to thepredator management district for all monies collected in the county for thepredator management district.
11-6-208. District boards; annual report.
On or before October 1 of each year, thepresident and secretary-treasurer of each district board and each countytreasurer shall make an annual report to their board of county commissionersshowing all receipts and disbursement of district funds made by direction ofthe board during the preceding fiscal year. A report of the receipts,expenditures and financial transactions of the district shall be made asprovided by W.S. 9-1-507. The director of the state department of audit maycall upon any district board or upon any county treasurer for furtherinformation relating to any predator management district.
11-6-209. Annual meetings of predator management boards.
Annual meetings for the election of membersof boards of directors of predator management districts shall be called by thepresident of each board. The meetings shall be called by a notice published inthe manner provided by W.S. 11-6-203.
11-6-210. Creation of predator management district fund; predatormanagement fees; donations; appropriation by county commissioners.
(a) At the time of collecting brand inspection fees imposedunder W.S. 11-20-401 and 11-20-402, the brand inspector shall collect predatormanagement fees on all sheep and cattle inspected within each predatormanagement district. However, predator management fees shall not be collectedon cattle and sheep shipped into this state for immediate sale or slaughter.The amount of the fee for each predator management district shall beestablished by each predator management district board in consultation with thestate predator management advisory board and shall not exceed one dollar($1.00) per head on sheep and cattle. The directors elected pursuant to W.S.11-6-202(a)(i) and (ii) from each predator management district board shallannually determine the predator management fee to be charged and collected inthe district taking into consideration comments solicited from the producerspresent at the district's annual meeting as provided for in W.S. 11-6-203, whohave paid predator management fees within the district during the precedingtwelve (12) months and shall inform the livestock board of the fee prior toJanuary 1 each year. The fee shall not be collected on the same livestock morethan once in any twelve (12) month period. The livestock board may retain notto exceed five percent (5%) of the revenues collected for the actual cost ofcollecting the predator management fee. Remaining revenues collected by thelivestock board under this section shall be remitted to the state treasurer fordeposit in an account. The state treasurer, on a quarterly basis, shalldistribute the revenues to the county treasurer of the county from which theshipment originated unless, at the time of payment of the fees, the livestockowner designates the fees to be distributed in total to another county in thisstate in which the livestock are fed or pastured. The county treasurer shalldeposit revenues distributed under this subsection into a special continuingfund, to be known as the "Predator Management District Fund of ....County" and to be administered by the predator management board of thatdistrict.
(b) Repealed by Laws 1990, ch. 87, 3.
(c) Repealed by Laws 1990, ch. 87, 3.
(d) The district board may receive donations and appropriationsof money from any source, and such donations and appropriations shall be placedin the district fund by the county treasurer upon request of the districtboard. Nothing in W.S. 11-6-201 through 11-6-210 shall be construed to prohibitboards of county commissioners from appropriating funds for the purpose ofcontrolling predatory animals and predacious birds, and such appropriation byboards of county commissioners is authorized.
(e) Repealed by Laws 1990, ch. 87, 3.
(f) Notwithstanding subsection (a) of this section, the amountof the annual predator management fee for sheep and cattle shipped into thisstate for confinement in a commercial feedlot shall not exceed twenty-fivecents ($0.25) per head on sheep and cattle. For purposes of this subsection,"commercial feedlot" means any place, establishment or facilitycommonly known as a feedlot conducted, operated or managed for profit ornonprofit for livestock producers, feeders or market agencies, consisting ofpens and their appurtenances, in which livestock are received, held, fed, caredfor or kept for sale or shipment in commerce. A pasture, field or otherenclosure, fenced or unfenced, shall not be considered a commercial feedlot forpurposes of this subsection. The predator management district board shall havethe authority to determine if a facility qualifies as a commercial feedlot asdefined in this subsection.
(g) Each predator management district board shall annuallyallocate five percent (5%) of all predator management fee collections to beused for refunds, in whole or in part. If a refund is requested the boardshall pay the refund within one hundred eighty (180) days of application. Refunds under this subsection shall be subject to the following:
(i) To be valid, the application for refund shall be receivedno later than sixty (60) days after the end of the calendar year in which thefee was paid;
(ii) No person receiving a refund shall receive any predatoryanimal control services funded in whole or in part by the predatory animalcontrol fees until that person has paid one hundred fifty percent (150%) of allrefunds received during the year in which the services were sought and thethree (3) preceding calendar years; and
(iii) All monies not paid in refunds shall annually revert to thedistrict predator management account on July 1 of the following year.
(h) Notwithstanding subsection (a) of this section, nopredatory animal control fee shall be collected on livestock shipped or trailedwithin this state if change of ownership does not occur.
(j) Any person failing to pay the predator animal control feeimposed by subsection (a) or (f) of this section shall be punished as providedby W.S. 11-1-103.
(k) In addition to the other fees imposed by this section, anyperson paying the predator control fee may pay an additional ten cents ($.10)per head to fund the predator management activities of the Wyoming animaldamage management board created by W.S. 11-6-303. Any fees collected pursuantto this subsection shall be deposited in the animal damage management accountcreated by W.S. 11-6-306.
(m) After July 1, 2002 and before December 1, 2002, a predatoryanimal district board may hold a special meeting during which an adjustment ofthe predatory animal control fee set under subsection (a) of this section maybe made for the balance of calendar year 2002. The special meeting shall beheld pursuant to the procedures found in W.S. 11-6-203(a)(ii) and (iii) except thatthe notice shall state the time and place and that a fee increase shall beconsidered. The board shall immediately notify in writing the livestock boardof any fee adjustment made under this subsection. The fee adjustment shalltake effect thirty (30) days after the date of mailing of the notice to thelivestock board and shall remain in effect through December 31, 2002.
(n) If a livestock producer requests predator managementservices from the district board representing the county in which the produceris pasturing or housing livestock, and no predator management fees have beencollected from the producer within the previous twelve (12) months, or if thefees have been refunded, the board may charge a service fee to recoverreasonable and actual costs of the predator management services provided.
(o) To be eligible to receive state funds, the district shallassess and collect all available fees on livestock in the district.
ARTICLE 3 - WYOMING ANIMAL DAMAGE MANAGEMENT PROGRAM
11-6-301. Short title.
This article may be cited as the"Wyoming animal damage management program".
11-6-302. Definitions.
(a) As used in this article:
(i) "Board" means the Wyoming animal damagemanagement board (ADMB);
(ii) "Crop" or "agricultural crop" when nototherwise defined by statute means corn, oats, wheat, barley, flax, sorghumsand other grains, potatoes, vegetables, forage legumes, hay, and any otherproduct of cultivation, trees, bees, honey and hives;
(iii) "Damage" means any injury to or loss of livestock,agricultural crops or wildlife inflicted by predatory animals, predacious birdsor depredating animals;
(iv) "Depredating animal" means any trophy game animalor furbearing animal that causes damage;
(v) "Furbearing animal" means badger, beaver, bobcat,marten, mink, muskrat or weasel;
(vi) "Livestock" means horses, mules, cattle, swine,sheep, goats, poultry, guard animals or any other animal maintained underdomestication. Bison are considered livestock unless otherwise designated bythe Wyoming livestock board and the Wyoming game and fish commission;
(vii) "Person" means as defined by W.S. 8-1-102(a)(vi);
(viii) "Predacious bird" means any predatory avianspecies that is permitted to be taken under either Wyoming law or federal law;
(ix) "Predatory animal" means:
(A) Coyote, jackrabbit, porcupine, raccoon, red fox, skunk orstray cat; and
(B) Until the date gray wolves are removed from the list ofexperimental nonessential population, endangered species or threatened speciesin Wyoming as provided by W.S. 23-1-108, "predatory animal" includeswolves. After that date, "predatory animal" shall include any graywolf not within an area of the state in which the gray wolf is:
(I) Designated as a trophy game animal under subdivision (x)(B)(I)of this subsection; or
(II) Classifiedas a trophy game animal by the game and fish commission pursuant to W.S.23-1-304(a).
(x) "Trophy game animal" means:
(A) Black bear, grizzly bear or mountain lion; and
(B) From and after the date gray wolves are removed from thelist of experimental nonessential population, endangered species or threatenedspecies in Wyoming as provided by W.S. 23-1-108:
(I) "Trophygame animal" shall include any gray wolf within those tracts of landwithin the following described area, subject to modification as authorized inthis subdivision: northwest Wyoming beginning at the east boundary of theShoshone National Forest and the Wyoming-Montana state line; southerly alongsaid forest boundary to the common boundary between the Shoshone NationalForest and the Wind River Indian Reservation; westerly and then southeasterlyalong the Shoshone National Forest boundary to the Union Pass Road (USFS Road263); southerly along said road until it intersects the north boundary of theUpper Green River Cattle Association's grazing allotment on forest servicelands; following the eastern boundary of said allotment southerly and westerlyto the point it intersects the Bridger-Teton National Forest boundary; westerlyalong said forest boundary to U.S. Highway 189-191; northwesterly along saidhighway to U.S. Highway 26-89-191 at Hoback Junction; northerly along saidhighway to Wyoming Highway 22; westerly along said highway to the Wyoming-Idahostate line; north along said state line to the Wyoming-Montana state line;north and then east along said state line to the east boundary of the ShoshoneNational Forest. This described area may be diminished by rule of the game andfish commission if the game and fish commission determines the diminution doesnot impede the delisting of gray wolves and will facilitate Wyoming'smanagement of wolves; and
(II) "Trophygame animal" shall include any gray wolf within any area of the statewhere gray wolves are classified as trophy game animals by the game and fishcommission pursuant to W.S. 23-1-304(a).
(xi) "Wildlife" means all wild mammals, birds, fish,amphibians, reptiles, crustaceans and mollusks, and wild bison designated bythe Wyoming game and fish commission and the Wyoming livestock board withinthis state;
(xii) "Take" means as defined by W.S. 23-1-102(a)(vii).
(b) To the extentnecessary to achieve federal government delisting of the gray wolf, thegovernor may direct the game and fish commission to adopt a boundary between thearea in which the wolf is treated as a trophy game animal and the area where itis treated as a predator at any place between the area described in subdivision(a)(x)(B)(I) of this section and the following described area: northwestWyoming beginning at the junction of Wyoming Highway 120 and theWyoming-Montana state line; southerly along Wyoming Highway 120 to the GreybullRiver; southwesterly up said river to the Wood River; southwesterly up saidriver to the Shoshone National Forest boundary; southerly along said boundaryto the Wind River Indian Reservation boundary; westerly, then southerly alongsaid boundary to the Continental Divide; southeasterly along said divide to theMiddle Fork of Boulder Creek; westerly down said creek to Boulder Creek; westerlydown said creek to the Bridger-Teton National Forest boundary; northwesterlyalong said boundary to its intersection with U.S. Highway 189-191;northwesterly along said highway to the intersection with U.S. Highway26-89-191; northerly along said highway to Wyoming Highway 22 in the town ofJackson; westerly along said highway to the Wyoming-Idaho state line; northalong said state line to the Wyoming-Montana state line; north, then east alongsaid state line to Wyoming Highway 120. Any boundary change adopted pursuant tothis subsection shall be certified and effective as provided in W.S.23-1-109(f).
(a) There is created the animal damage management board for thepurposes of mitigating damage caused to livestock, wildlife and crops bypredatory animals, predacious birds and depredating animals or for theprotection of human health and safety. The board may mitigate damage caused by depredatinganimals by and through a memorandum of understanding with the Wyoming game andfish commission. The board shall be composed of twelve (12) members appointedby the governor as follows:
(i) The director of the Wyoming department of agriculture;
(ii) The director of the Wyoming game and fish department;
(iii) One (1) domestic sheep producer;
(iv) One (1) cattle producer;
(v) The state director for the United States department ofagriculture, animal and plant health inspection service, wildlife services(USDA/APHIS/WS);
(vi) Two (2) members representing the interests of sportsmen,outfitters and hunters, not more than one (1) of these members shall beappointed to represent the interests of outfitters;
(vii) The president of the state predator management advisoryboard created under W.S. 11-6-201;
(viii) One (1) member from an urban area;
(ix) One (1) member from the Wyoming game and fish commission;
(x) One (1) member of the Wyoming board of agriculture; and
(xi) One (1) member representing the interests of nonconsumptiveusers of the state's wildlife resource.
(b) A representative from the United States forest service(USFS), the United States fish and wildlife service (USFWS) and United Statesbureau of land management (BLM) shall serve as exofficio nonvoting members ofthe board.
(c) The directors of the departments of agriculture and gameand fish shall serve as co-chairs of the ADMB and shall give general directionto the ADMB and the ADMB administrative officer.
(d) The director of the department of agriculture or hisdesignee shall serve as the ADMB's administrative officer and carry out theADMB's administrative functions.
(e) Except for the directors of the departments of agricultureand game and fish, the state director for the United States department ofagriculture, animal and plant health inspection service, wildlife services(USDA/APHIS/WS), and the president of the state predator management advisoryboard created under W.S. 11-6-201, the remaining members of the board shallhold office for staggered terms of four (4) years. For the remaining membersof the initial board, four (4) members shall be appointed for a term of four(4) years, four (4) members shall be appointed for a term of two (2) years. Each appointed member shall be limited to serving on the board for eight (8)consecutive years, however, a member may be reappointed after a four (4) yearabsence. Each member shall hold office until his successor is appointed andhas been qualified. As terms of current ADMB members expire, the governorshall appoint each new member or reappointed member to a four (4) year term.
(f) When a vacancy occurs in the membership for any reason, areplacement shall be appointed for the unexpired term.
(g) Attendance of six (6) members at a duly called meetingshall constitute a quorum for the transaction of official business. The ADMBshall convene at the times and places prescribed by the chair.
(h) Members of the board who are not government employees shallreceive no compensation or benefits for their services, but may receive perdiem and expenses incurred in the performance of the member's official dutiesat the established state rate, to be paid from the animal damage managementaccount.
(j) Members may decline to receive per diem and expenses fortheir service.
(k) State government officer and employee members who do notreceive salary, per diem, or expenses from their agency for their service mayreceive per diem and expenses incurred in the performance of their officialduties from the ADMB at the established state rate, to be paid from the animaldamage management account.
(m) State government official and employee members may declineto receive per diem and expenses for their service.
11-6-304. ADMB responsibilities; animal damage management policy;rules; methods to manage predatory animals, predacious birds, depredatinganimals and rabid wildlife; manner of calling meetings; frequency.
(a) The ADMB is responsible for the formulation of the damage preventionmanagement policy of the state, and by and through an executed memorandum ofunderstanding (MOU) with the Wyoming game and fish commission is responsiblefor management of rabid wildlife, crop, livestock and wildlife damage done bydepredating animals and wildlife damage by predatory animals and predaciousbirds. The ADMB in conjunction with its responsibility may, consistent with theWyoming Administrative Procedure Act adopt rules to implement policiesadministered by the ADMB. After consultation with the livestock board and thedepartment of health, the ADMB shall promulgate rules pertaining to rabiesprevention in wildlife including surveillance, public education, vaccinationprotocol, post-exposure procedures and quarantines. The ADMB may enter into theagreements with law enforcing agencies to carry out the quarantine provisions.Nothing in this article shall preempt the Wyoming game and fish commissionauthority to manage wildlife or determine damage pursuant to any provision intitle 23.
(b) In its deliberations the ADMB shall:
(i) Entertain requests for assistance in order to allowmitigation of predator damage;
(ii) Specify programs designed to prevent damage by predatoryanimals, rabid wildlife, predacious birds and depredating animals to livestock,agricultural crops, wildlife, property, human health and safety;
(iii) Provide various degrees of predatory animal, predaciousbird and depredating animal damage management services to individualagricultural livestock and crop producers, landowners, lessors oradministrators, and to urban, residential and industrial property owners. Damage management services shall also be provided and conducted for the benefitof wildlife populations and human health and safety;
(iv) Specify methods for the prevention and management of damageand for the selective control of predatory animals, rabid wildlife, predaciousbirds and depredating animals;
(v) Maintain responsibility and appropriate funds for thepurpose of providing damage prevention and management to agricultural livestockand crops, wildlife, property and human health and safety caused by predatoryanimals, rabid wildlife, predacious birds and depredating animals;
(vi) Cooperate with federal, state and county governments,educational institutions and private persons or organizations to effectuateagricultural and wildlife damage and rabid wildlife prevention policies;
(vii) Develop memorandums of understanding between the Wyomingdepartment of agriculture and the Wyoming game and fish commission and theUnited States department of agriculture, animal and plant health inspectionservice, wildlife services (USDA/APHIS/WS) to accommodate funding sources andadministrative guidelines for the program;
(viii) Consider any recommendations received from the Wyoming gameand fish commission and the Wyoming department of agriculture.
(c) The ADMB shall conduct meetings in accordance with itsestablished policy, but shall meet at least once each year in the month ofJanuary.
(d) The ADMB may adopt rules and regulations necessary forcarrying out the purpose and provisions of this article. The ADMB may appointemployees and assistants as necessary and fix their compensation. The ADMB mayenter into cooperative agreements with boards of county commissioners, predatormanagement districts, federal or state agencies or other commissions,organizations or associations for the purpose of managing predatory animals,rabid wildlife, predacious birds and depredating animals. Predator managementdistrict boards which choose not to enter into a cooperative agreement with theADMB shall not be precluded from continuing with, or entering into, acooperative agreement or memorandum of understanding with the United Statesdepartment of agriculture, animal and plant health inspection service, wildlifeservices (USDA/APHIS/WS), other entities of government, organizations orassociations. This act is not intended and shall not replace, rescind, modifynor cancel cooperative agreements or cooperative service agreements between theUSDA/APHIS/WS and the county predator management districts created under W.S.11-6-201 through 11-6-210.
(e) The ADMB may elect to provide various degrees of predatordamage management services to any other person pursuant to a separatelynegotiated cooperative agreement.
(f) The board shall investigate, test and refine the concept ofintegrated predator management. The board shall develop and establishmeasurable goals and objectives. The board shall report to the governor and thejoint agriculture, public lands and water resources interim committee and jointappropriations interim committee on or before December 31 of each year todetermine the progress the board has made toward achieving the goals andobjectives it has established.
11-6-305. Wyoming animal damage management board funding; sources;methods of collection.
(a) There is created a "wildlife damage management"stamp. The stamp, issued at licensed selling agents as designated by theWyoming game and fish commission may be purchased voluntarily. Proceeds fromthe sale of the stamp, excluding fifty cents ($.50) which the agent shallretain for each stamp sold, shall be deposited by the state treasurer into theanimal damage management account created by W.S. 11-6-306. The Wyoming game andfish commission shall retain the fees related to those administrative costswhich are required to design and print stamps, and collect, account for anddisburse these funds to the ADMB. The Wyoming game and fish commission shallannually provide to the ADMB a complete and detailed accounting of alladministrative costs and fees.
(b) The purchase price for the stamp shall be determinedannually by the ADMB in whole dollar increments and established at such a levelto meet financial obligations as budgeted.
(c) The ADMB may receive money for predatory animal, predaciousbird and depredating animal management from the federal government, stateappropriations, counties, agencies, boards, associations, commissions,individuals and any other cooperators, and may expend monies to purchasesupplies, materials, services, and to employ or contract personnel forpredatory animal, predacious bird and depredating animal damage management. TheADMB may make supplies, materials, services and personnel available tocooperators at approximate cost.
11-6-306. Animal damage management account.
(a) There is created the animal damage management account.
(b) Money received under W.S. 11-6-305 shall be deposited bythe state treasurer in the animal damage management account to be appropriatedfor the purposes provided in this article.
(c) Any supplemental contributions received by the departmentfrom livestock owners for predatory animal, predacious bird or depredatinganimal damage management programs or the prevention and management of rabidwildlife shall be deposited into the animal damage management account.
(d) The animal damage management account shall be administeredfor the ADMB by the Wyoming department of agriculture.
11-6-307. Board to request funding from game and fish commission.
The board shall annually request onehundred thousand dollars ($100,000.00) from the Wyoming game and fishcommission. These funds shall be expended for wildlife priorities. The game andfish commission may provide recommendations to the board regarding expenditureof these funds.
11-6-308. District boards; relation to ADMB; duties generally.
(a) Each predator management district board shall:
(i) Exercise general supervision in determining local prioritiesfor the management of predatory animals and predacious birds that prey upon anddestroy livestock, other domestic animals, wildlife and crops;
(ii) Devise and put in operation those methods that best managepredatory animals and predacious birds;
(iii) Administer funds received to carry out the animal damagemanagement program;
(iv) Maintain existing financial and physical resources;
(v) Provide input to the ADMB.
11-6-309. Predator management district participation with the ADMB.
If the predator management district haselected to participate in providing funding or upon approval of the ADMB, otherin-kind resources, to the animal damage management account, the district maysolicit funds or receive services from the ADMB under separate negotiatedagreement.
11-6-310. Applicability of chapter.
This article, unless contrary to federallaw, shall apply to all federal, state and private lands.
11-6-311. Exemptions.
The state predator management advisoryboard or the ADMB may exempt persons from payment of the imposed fees when therespective board determines that livestock as defined in this act arepermanently confined within pens or corrals within incorporated city limitswhere animal damage control activity by state or federal agencies is prohibitedor severely restricted.
11-6-312. Cooperative agreements generally.
The ADMB may enter into cooperativeagreements with other governmental agencies, counties, associations,corporations or individuals for carrying out the purposes of this article.
