23-4-101. Fish stocking in waters without consent prohibited;penalties.
(a) No person shall plant or release any fish or fish eggs inany public waters of Wyoming without the consent and under the supervision ofthe department or its authorized personnel.
(b) The escape of lawfully stocked fish or fish eggs does notconstitute a violation of this section.
(c) Violation of this section constitutes a high misdemeanorpunishable as provided in W.S. 23-6-202(a)(ii).
(d) The court may, in its discretion, revoke any license issuedunder this act to any person convicted of a violation of this section, for theremainder of the year in which the conviction occurs, and may suspend theperson's privilege to purchase or receive any other license under this act orto take any wildlife for a period of time up to and including lifetimerevocation.
(e) In addition to any other criminal penalty provided in thisact, any person who violates this section may be assessed civil penalties in anamount not to exceed the costs incurred by the commission in removing the fishor fish eggs from the waters affected by the violation. The commission maybring a civil action in any court of competent jurisdiction for civil penaltiesor injunctive relief.
23-4-102. Operation of privately owned fish hatcheries, artificiallakes or ponds.
(a) Any person who owns or operates a fish hatchery, artificiallake, pond or ponds for the purpose of raising fish for resale, may stock thefish hatchery, artificial lake, pond or ponds with eggs or fish procured fromany lawful source. Any eggs or fish acquired from sources other than thedepartment or federal government shall be inspected by an authorized agent ofthe department before planting.
(b) Thereafter, the owner or operator may take fish from thehatchery, artificial lake, pond or ponds in any manner except by poison,explosives, or fishing except as otherwise provided in this section. The owneror operator may sell and dispose of any fish or fish eggs taken subject to anyrestrictions provided in this section.
(c) "Artificial lake, pond or ponds" as used in thissection means bodies of water created by the artificial diversion or storage ofwater not exceeding one hundred (100) acres in any one (1) surface area anddoes not include natural ponds, natural streams, or bodies of water whollycreated by nature.
(d) The owner or operator shall procure a license for theoperation from the department. The owner or operator shall also post a fivehundred dollar ($500.00) surety bond with the department. The bond shall beconditioned to the effect that the owner or operator will not sell or disposeof fish or fish eggs caught or taken in any of the waters of Wyoming other thanthose for which the license is issued, and to the effect that the owner oroperator will keep a strict record of his operations under the license as maybe required by the commission.
(e) When an owner or operator sells or disposes of any fish orfish eggs, he shall deliver a certificate of sale upon a form to be furnishedto the owner or operator by the department to the purchaser or receiver at thetime the fish or fish eggs are delivered.
(f) Any hotel, restaurant, cafe, or business house, orindividual, may sell, serve, or dispose of fish purchased from any owner oroperator in the regular course of business and shall exhibit upon request byany department personnel the certificate of sale furnished him by the owner oroperator.
(g) Whenever any of the fish or fish eggs are transported by acommon carrier, each and every parcel of the shipment shall have a Wyoming gametag attached. The owner or operator shall obtain Wyoming game tags from thedepartment and shall keep a strict record of all Wyoming game tags.
(h) The owner or operator may operate a catchout pond,containing ten (10) surface acres of water or less, where fish may be caught byfishing. A charge may be made for this privilege by the owner or operator andthe fishermen are not required to hold a valid Wyoming fishing license whenfishing in a catchout pond.
23-4-103. License to seine; license for dealers in live bait.
(a) The department may issue licenses to seine or trap fish tosuch persons as it considers qualified upon application and payment of fees.The license entitles the holder to seine or trap fish at such time, place, andmanner as provided by law and orders of the commission.
(b) The department may issue licenses to deal in live bait tosuch persons as it considers qualified upon application and payment of fees.The license entitles the holder to deal in live bait at such time, place, andmanner as provided by law and orders of the commission. The commission mayregulate the type of live bait which may be sold and the source from which livebait may be obtained.
23-4-104. Fish hatchery protection; penalty.
Anyperson who, without consent of the owner, intentionally removes, destroys orintroduces a substance into the waters of another with intent to destroy, anyfish in a fish hatchery, artificial lake, pond including a catch out pond beingused as a commercial aqua-culture operation is guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both, if the value of the fishdestroyed is not more than five hundred dollars ($500.00), or a felonypunishable by imprisonment for not more than ten (10) years, a fine of not morethan ten thousand dollars ($10,000.00), or both, if the value of the fishdestroyed is more than five hundred dollars ($500.00).
ARTICLE 2 - AQUATIC INVASIVE SPECIES
23-4-201. Definitions.
(a) As used in this article:
(i) "Aquatic invasive species" means exotic or non-nativeaquatic organisms that have been determined by the commission to pose asignificant threat to the aquatic resources, water supplies or waterinfrastructure of the state;
(ii) "Conveyance" means a motor vehicle, boat,watercraft, raft, vessel, trailer or any associated equipment or containers,including but not limited to live wells, ballast tanks, bilge areas and waterhauling equipment that may contain or carry an aquatic invasive species;
(iii) "Decontaminate" means to wash, drain, dry or chemically,thermally or otherwise treat a conveyance in accordance with rules promulgatedby the commission in order to remove or destroy an aquatic invasive species;
(iv) "Equipment" means an article, tool, implement ordevice capable of containing or transporting water or aquatic invasive species;
(v) "Inspect" means to examine a conveyance pursuantto procedures established by the commission in order to determine whether anaquatic invasive species is present, and includes examining, draining or treatingwater in the conveyance;
(vi) "Water sport toy" means a sailboard, float tube,kite board or any aid to swimming or fishing that is not designed primarily fornavigation.
23-4-202. Prohibition on aquatic invasive species; mandatoryconveyance checks; reporting.
(a) No person shall:
(i) Launch any conveyance into the waters of this state withoutfirst complying with aquatic invasive species prevention requirementsestablished by commission rule;
(ii) Possess, import, export, ship, transport or cause to bepossessed, imported, exported, shipped or transported an aquatic invasivespecies in this state, except as authorized by the commission;
(iii) Introduce an aquatic invasive species into any waters ofthe state; or
(iv) Refuse to comply with the inspection requirements or anyorder issued under this article.
(b) A person who knows that an unreported aquatic invasivespecies is present at a specific location in this state shall immediatelyreport that knowledge and all pertinent information to the commission or apeace officer.
23-4-203. Enforcement.
(a) In order to prevent, control, contain, monitor and wheneverpossible eradicate aquatic invasive species from the waters of this state, thecommission and the department of state parks and cultural resources shallpromulgate rules and regulations to administer and enforce the provisions ofthis article and to establish, operate and maintain aquatic invasive speciescheck stations in order to inspect conveyances.
(b) Every conveyance shall stop at authorized mandatory aquaticinvasive species check stations in accordance with rules established by thecommission and the department of state parks and cultural resources. Uponprobable cause that an aquatic invasive species may be present, a peace officermay:
(i) Require the owner of a conveyance to decontaminate theconveyance; or
(ii) Decontaminate or impound and quarantine the conveyance asprovided in this section.
(c) The commission, in consultation with the department ofstate parks and cultural resources, may restrict watercraft usage on waters ofthe state as provided in W.S. 41-13-211(b) upon a finding that a specific bodyof water is threatened with the imminent introduction of an aquatic invasivespecies or an aquatic invasive species has been introduced to the specific bodyof water.
(d) Any peace officer is authorized to stop and inspect for thepresence of aquatic invasive species or for proof of required inspection anyconveyance:
(i) Immediately prior to a boat, vessel or watercraft beinglaunched into waters of the state;
(ii) Prior to departing from the waters of this state or a boat,vessel or watercraft staging area;
(iii) That is visibly transporting any aquatic plant material; or
(iv) Upon a reasonable suspicion that an aquatic invasivespecies may be present.
(e) A peace officer may order the decontamination of aconveyance upon a determination that an aquatic invasive species is presentafter conducting an inspection as provided in this section.
(f) A peace officer may impound and quarantine a conveyance if:
(i) The peace officer finds that an aquatic invasive species ispresent after conducting an inspection authorized by this section;
(ii) The person transporting the conveyance refuses to submit toan inspection authorized by this section; or
(iii) The person transporting the conveyance refuses to complywith an order authorized by this section to decontaminate the conveyance.
(g) An impoundment and quarantine of a conveyance may continuefor the reasonable period necessary to inspect and decontaminate the conveyanceand to ensure that the aquatic invasive species has been completely eradicatedfrom the conveyance or is no longer living.
23-4-204. Rulemaking authority; fees.
(a) The commission and the department of state parks andcultural resources shall promulgate rules to administer and enforce theprovisions of this article.
(b) The commission and the department of state parks andcultural resources shall establish and collect fees in accordance with thefollowing:
(i) An annual fee shall be collected by the commission or thedepartment of state parks and cultural resources for every watercraft beforethe watercraft enters the waters of the state. Payment of the fees shall beevidenced by a sticker placed on the bow of the watercraft and no person shalloperate nor shall the owner permit the operation of any watercraft on thewaters of the state without payment of the fees provided in this section anddisplay of the sticker on the bow of the watercraft. For purposes of thisparagraph, "watercraft" means any contrivance used or designedprimarily for navigation on water but does not include personal flotationdevices or water sport toys;
(ii) Fees shall be established by commission rule or regulationpromulgated in accordance with the Wyoming Administrative Procedure Act;
(iii) Fees shall be established in an amount to ensure that, tothe extent practicable, the total revenue generated from the fees collectedapproximates, but does not exceed, the direct and indirect costs ofadministering the regulatory provisions required under this article.
(c) The department of state parks and cultural resources maycollect fees and shall transfer those fees collected to the commission for depositin the account created pursuant to W.S. 23-1-501(g).
23-4-205. Penalties.
(a) Any person who violates the provisions of this article orany order under this article is guilty of a high misdemeanor punishable asprovided in W.S. 23-6-202(a)(ii).
(b) In addition to any other criminal penalty provided in thissection any person who violates any provision of this article, may be assessedcivil penalties in an amount not to exceed the costs incurred by the commissionand the department of state parks and cultural resources in enforcing theprovisions of this article but shall not include costs associated with theeradication of an aquatic invasive species introduced into the waters of thisstate. The commission or the department of state parks and cultural resourcesmay bring a civil action in any court of competent jurisdiction for civilpenalties or injunctive relief.
23-4-101. Fish stocking in waters without consent prohibited;penalties.
(a) No person shall plant or release any fish or fish eggs inany public waters of Wyoming without the consent and under the supervision ofthe department or its authorized personnel.
(b) The escape of lawfully stocked fish or fish eggs does notconstitute a violation of this section.
(c) Violation of this section constitutes a high misdemeanorpunishable as provided in W.S. 23-6-202(a)(ii).
(d) The court may, in its discretion, revoke any license issuedunder this act to any person convicted of a violation of this section, for theremainder of the year in which the conviction occurs, and may suspend theperson's privilege to purchase or receive any other license under this act orto take any wildlife for a period of time up to and including lifetimerevocation.
(e) In addition to any other criminal penalty provided in thisact, any person who violates this section may be assessed civil penalties in anamount not to exceed the costs incurred by the commission in removing the fishor fish eggs from the waters affected by the violation. The commission maybring a civil action in any court of competent jurisdiction for civil penaltiesor injunctive relief.
23-4-102. Operation of privately owned fish hatcheries, artificiallakes or ponds.
(a) Any person who owns or operates a fish hatchery, artificiallake, pond or ponds for the purpose of raising fish for resale, may stock thefish hatchery, artificial lake, pond or ponds with eggs or fish procured fromany lawful source. Any eggs or fish acquired from sources other than thedepartment or federal government shall be inspected by an authorized agent ofthe department before planting.
(b) Thereafter, the owner or operator may take fish from thehatchery, artificial lake, pond or ponds in any manner except by poison,explosives, or fishing except as otherwise provided in this section. The owneror operator may sell and dispose of any fish or fish eggs taken subject to anyrestrictions provided in this section.
(c) "Artificial lake, pond or ponds" as used in thissection means bodies of water created by the artificial diversion or storage ofwater not exceeding one hundred (100) acres in any one (1) surface area anddoes not include natural ponds, natural streams, or bodies of water whollycreated by nature.
(d) The owner or operator shall procure a license for theoperation from the department. The owner or operator shall also post a fivehundred dollar ($500.00) surety bond with the department. The bond shall beconditioned to the effect that the owner or operator will not sell or disposeof fish or fish eggs caught or taken in any of the waters of Wyoming other thanthose for which the license is issued, and to the effect that the owner oroperator will keep a strict record of his operations under the license as maybe required by the commission.
(e) When an owner or operator sells or disposes of any fish orfish eggs, he shall deliver a certificate of sale upon a form to be furnishedto the owner or operator by the department to the purchaser or receiver at thetime the fish or fish eggs are delivered.
(f) Any hotel, restaurant, cafe, or business house, orindividual, may sell, serve, or dispose of fish purchased from any owner oroperator in the regular course of business and shall exhibit upon request byany department personnel the certificate of sale furnished him by the owner oroperator.
(g) Whenever any of the fish or fish eggs are transported by acommon carrier, each and every parcel of the shipment shall have a Wyoming gametag attached. The owner or operator shall obtain Wyoming game tags from thedepartment and shall keep a strict record of all Wyoming game tags.
(h) The owner or operator may operate a catchout pond,containing ten (10) surface acres of water or less, where fish may be caught byfishing. A charge may be made for this privilege by the owner or operator andthe fishermen are not required to hold a valid Wyoming fishing license whenfishing in a catchout pond.
23-4-103. License to seine; license for dealers in live bait.
(a) The department may issue licenses to seine or trap fish tosuch persons as it considers qualified upon application and payment of fees.The license entitles the holder to seine or trap fish at such time, place, andmanner as provided by law and orders of the commission.
(b) The department may issue licenses to deal in live bait tosuch persons as it considers qualified upon application and payment of fees.The license entitles the holder to deal in live bait at such time, place, andmanner as provided by law and orders of the commission. The commission mayregulate the type of live bait which may be sold and the source from which livebait may be obtained.
23-4-104. Fish hatchery protection; penalty.
Anyperson who, without consent of the owner, intentionally removes, destroys orintroduces a substance into the waters of another with intent to destroy, anyfish in a fish hatchery, artificial lake, pond including a catch out pond beingused as a commercial aqua-culture operation is guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both, if the value of the fishdestroyed is not more than five hundred dollars ($500.00), or a felonypunishable by imprisonment for not more than ten (10) years, a fine of not morethan ten thousand dollars ($10,000.00), or both, if the value of the fishdestroyed is more than five hundred dollars ($500.00).
ARTICLE 2 - AQUATIC INVASIVE SPECIES
23-4-201. Definitions.
(a) As used in this article:
(i) "Aquatic invasive species" means exotic or non-nativeaquatic organisms that have been determined by the commission to pose asignificant threat to the aquatic resources, water supplies or waterinfrastructure of the state;
(ii) "Conveyance" means a motor vehicle, boat,watercraft, raft, vessel, trailer or any associated equipment or containers,including but not limited to live wells, ballast tanks, bilge areas and waterhauling equipment that may contain or carry an aquatic invasive species;
(iii) "Decontaminate" means to wash, drain, dry or chemically,thermally or otherwise treat a conveyance in accordance with rules promulgatedby the commission in order to remove or destroy an aquatic invasive species;
(iv) "Equipment" means an article, tool, implement ordevice capable of containing or transporting water or aquatic invasive species;
(v) "Inspect" means to examine a conveyance pursuantto procedures established by the commission in order to determine whether anaquatic invasive species is present, and includes examining, draining or treatingwater in the conveyance;
(vi) "Water sport toy" means a sailboard, float tube,kite board or any aid to swimming or fishing that is not designed primarily fornavigation.
23-4-202. Prohibition on aquatic invasive species; mandatoryconveyance checks; reporting.
(a) No person shall:
(i) Launch any conveyance into the waters of this state withoutfirst complying with aquatic invasive species prevention requirementsestablished by commission rule;
(ii) Possess, import, export, ship, transport or cause to bepossessed, imported, exported, shipped or transported an aquatic invasivespecies in this state, except as authorized by the commission;
(iii) Introduce an aquatic invasive species into any waters ofthe state; or
(iv) Refuse to comply with the inspection requirements or anyorder issued under this article.
(b) A person who knows that an unreported aquatic invasivespecies is present at a specific location in this state shall immediatelyreport that knowledge and all pertinent information to the commission or apeace officer.
23-4-203. Enforcement.
(a) In order to prevent, control, contain, monitor and wheneverpossible eradicate aquatic invasive species from the waters of this state, thecommission and the department of state parks and cultural resources shallpromulgate rules and regulations to administer and enforce the provisions ofthis article and to establish, operate and maintain aquatic invasive speciescheck stations in order to inspect conveyances.
(b) Every conveyance shall stop at authorized mandatory aquaticinvasive species check stations in accordance with rules established by thecommission and the department of state parks and cultural resources. Uponprobable cause that an aquatic invasive species may be present, a peace officermay:
(i) Require the owner of a conveyance to decontaminate theconveyance; or
(ii) Decontaminate or impound and quarantine the conveyance asprovided in this section.
(c) The commission, in consultation with the department ofstate parks and cultural resources, may restrict watercraft usage on waters ofthe state as provided in W.S. 41-13-211(b) upon a finding that a specific bodyof water is threatened with the imminent introduction of an aquatic invasivespecies or an aquatic invasive species has been introduced to the specific bodyof water.
(d) Any peace officer is authorized to stop and inspect for thepresence of aquatic invasive species or for proof of required inspection anyconveyance:
(i) Immediately prior to a boat, vessel or watercraft beinglaunched into waters of the state;
(ii) Prior to departing from the waters of this state or a boat,vessel or watercraft staging area;
(iii) That is visibly transporting any aquatic plant material; or
(iv) Upon a reasonable suspicion that an aquatic invasivespecies may be present.
(e) A peace officer may order the decontamination of aconveyance upon a determination that an aquatic invasive species is presentafter conducting an inspection as provided in this section.
(f) A peace officer may impound and quarantine a conveyance if:
(i) The peace officer finds that an aquatic invasive species ispresent after conducting an inspection authorized by this section;
(ii) The person transporting the conveyance refuses to submit toan inspection authorized by this section; or
(iii) The person transporting the conveyance refuses to complywith an order authorized by this section to decontaminate the conveyance.
(g) An impoundment and quarantine of a conveyance may continuefor the reasonable period necessary to inspect and decontaminate the conveyanceand to ensure that the aquatic invasive species has been completely eradicatedfrom the conveyance or is no longer living.
23-4-204. Rulemaking authority; fees.
(a) The commission and the department of state parks andcultural resources shall promulgate rules to administer and enforce theprovisions of this article.
(b) The commission and the department of state parks andcultural resources shall establish and collect fees in accordance with thefollowing:
(i) An annual fee shall be collected by the commission or thedepartment of state parks and cultural resources for every watercraft beforethe watercraft enters the waters of the state. Payment of the fees shall beevidenced by a sticker placed on the bow of the watercraft and no person shalloperate nor shall the owner permit the operation of any watercraft on thewaters of the state without payment of the fees provided in this section anddisplay of the sticker on the bow of the watercraft. For purposes of thisparagraph, "watercraft" means any contrivance used or designedprimarily for navigation on water but does not include personal flotationdevices or water sport toys;
(ii) Fees shall be established by commission rule or regulationpromulgated in accordance with the Wyoming Administrative Procedure Act;
(iii) Fees shall be established in an amount to ensure that, tothe extent practicable, the total revenue generated from the fees collectedapproximates, but does not exceed, the direct and indirect costs ofadministering the regulatory provisions required under this article.
(c) The department of state parks and cultural resources maycollect fees and shall transfer those fees collected to the commission for depositin the account created pursuant to W.S. 23-1-501(g).
23-4-205. Penalties.
(a) Any person who violates the provisions of this article orany order under this article is guilty of a high misdemeanor punishable asprovided in W.S. 23-6-202(a)(ii).
(b) In addition to any other criminal penalty provided in thissection any person who violates any provision of this article, may be assessedcivil penalties in an amount not to exceed the costs incurred by the commissionand the department of state parks and cultural resources in enforcing theprovisions of this article but shall not include costs associated with theeradication of an aquatic invasive species introduced into the waters of thisstate. The commission or the department of state parks and cultural resourcesmay bring a civil action in any court of competent jurisdiction for civilpenalties or injunctive relief.
23-4-101. Fish stocking in waters without consent prohibited;penalties.
(a) No person shall plant or release any fish or fish eggs inany public waters of Wyoming without the consent and under the supervision ofthe department or its authorized personnel.
(b) The escape of lawfully stocked fish or fish eggs does notconstitute a violation of this section.
(c) Violation of this section constitutes a high misdemeanorpunishable as provided in W.S. 23-6-202(a)(ii).
(d) The court may, in its discretion, revoke any license issuedunder this act to any person convicted of a violation of this section, for theremainder of the year in which the conviction occurs, and may suspend theperson's privilege to purchase or receive any other license under this act orto take any wildlife for a period of time up to and including lifetimerevocation.
(e) In addition to any other criminal penalty provided in thisact, any person who violates this section may be assessed civil penalties in anamount not to exceed the costs incurred by the commission in removing the fishor fish eggs from the waters affected by the violation. The commission maybring a civil action in any court of competent jurisdiction for civil penaltiesor injunctive relief.
23-4-102. Operation of privately owned fish hatcheries, artificiallakes or ponds.
(a) Any person who owns or operates a fish hatchery, artificiallake, pond or ponds for the purpose of raising fish for resale, may stock thefish hatchery, artificial lake, pond or ponds with eggs or fish procured fromany lawful source. Any eggs or fish acquired from sources other than thedepartment or federal government shall be inspected by an authorized agent ofthe department before planting.
(b) Thereafter, the owner or operator may take fish from thehatchery, artificial lake, pond or ponds in any manner except by poison,explosives, or fishing except as otherwise provided in this section. The owneror operator may sell and dispose of any fish or fish eggs taken subject to anyrestrictions provided in this section.
(c) "Artificial lake, pond or ponds" as used in thissection means bodies of water created by the artificial diversion or storage ofwater not exceeding one hundred (100) acres in any one (1) surface area anddoes not include natural ponds, natural streams, or bodies of water whollycreated by nature.
(d) The owner or operator shall procure a license for theoperation from the department. The owner or operator shall also post a fivehundred dollar ($500.00) surety bond with the department. The bond shall beconditioned to the effect that the owner or operator will not sell or disposeof fish or fish eggs caught or taken in any of the waters of Wyoming other thanthose for which the license is issued, and to the effect that the owner oroperator will keep a strict record of his operations under the license as maybe required by the commission.
(e) When an owner or operator sells or disposes of any fish orfish eggs, he shall deliver a certificate of sale upon a form to be furnishedto the owner or operator by the department to the purchaser or receiver at thetime the fish or fish eggs are delivered.
(f) Any hotel, restaurant, cafe, or business house, orindividual, may sell, serve, or dispose of fish purchased from any owner oroperator in the regular course of business and shall exhibit upon request byany department personnel the certificate of sale furnished him by the owner oroperator.
(g) Whenever any of the fish or fish eggs are transported by acommon carrier, each and every parcel of the shipment shall have a Wyoming gametag attached. The owner or operator shall obtain Wyoming game tags from thedepartment and shall keep a strict record of all Wyoming game tags.
(h) The owner or operator may operate a catchout pond,containing ten (10) surface acres of water or less, where fish may be caught byfishing. A charge may be made for this privilege by the owner or operator andthe fishermen are not required to hold a valid Wyoming fishing license whenfishing in a catchout pond.
23-4-103. License to seine; license for dealers in live bait.
(a) The department may issue licenses to seine or trap fish tosuch persons as it considers qualified upon application and payment of fees.The license entitles the holder to seine or trap fish at such time, place, andmanner as provided by law and orders of the commission.
(b) The department may issue licenses to deal in live bait tosuch persons as it considers qualified upon application and payment of fees.The license entitles the holder to deal in live bait at such time, place, andmanner as provided by law and orders of the commission. The commission mayregulate the type of live bait which may be sold and the source from which livebait may be obtained.
23-4-104. Fish hatchery protection; penalty.
Anyperson who, without consent of the owner, intentionally removes, destroys orintroduces a substance into the waters of another with intent to destroy, anyfish in a fish hatchery, artificial lake, pond including a catch out pond beingused as a commercial aqua-culture operation is guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both, if the value of the fishdestroyed is not more than five hundred dollars ($500.00), or a felonypunishable by imprisonment for not more than ten (10) years, a fine of not morethan ten thousand dollars ($10,000.00), or both, if the value of the fishdestroyed is more than five hundred dollars ($500.00).
ARTICLE 2 - AQUATIC INVASIVE SPECIES
23-4-201. Definitions.
(a) As used in this article:
(i) "Aquatic invasive species" means exotic or non-nativeaquatic organisms that have been determined by the commission to pose asignificant threat to the aquatic resources, water supplies or waterinfrastructure of the state;
(ii) "Conveyance" means a motor vehicle, boat,watercraft, raft, vessel, trailer or any associated equipment or containers,including but not limited to live wells, ballast tanks, bilge areas and waterhauling equipment that may contain or carry an aquatic invasive species;
(iii) "Decontaminate" means to wash, drain, dry or chemically,thermally or otherwise treat a conveyance in accordance with rules promulgatedby the commission in order to remove or destroy an aquatic invasive species;
(iv) "Equipment" means an article, tool, implement ordevice capable of containing or transporting water or aquatic invasive species;
(v) "Inspect" means to examine a conveyance pursuantto procedures established by the commission in order to determine whether anaquatic invasive species is present, and includes examining, draining or treatingwater in the conveyance;
(vi) "Water sport toy" means a sailboard, float tube,kite board or any aid to swimming or fishing that is not designed primarily fornavigation.
23-4-202. Prohibition on aquatic invasive species; mandatoryconveyance checks; reporting.
(a) No person shall:
(i) Launch any conveyance into the waters of this state withoutfirst complying with aquatic invasive species prevention requirementsestablished by commission rule;
(ii) Possess, import, export, ship, transport or cause to bepossessed, imported, exported, shipped or transported an aquatic invasivespecies in this state, except as authorized by the commission;
(iii) Introduce an aquatic invasive species into any waters ofthe state; or
(iv) Refuse to comply with the inspection requirements or anyorder issued under this article.
(b) A person who knows that an unreported aquatic invasivespecies is present at a specific location in this state shall immediatelyreport that knowledge and all pertinent information to the commission or apeace officer.
23-4-203. Enforcement.
(a) In order to prevent, control, contain, monitor and wheneverpossible eradicate aquatic invasive species from the waters of this state, thecommission and the department of state parks and cultural resources shallpromulgate rules and regulations to administer and enforce the provisions ofthis article and to establish, operate and maintain aquatic invasive speciescheck stations in order to inspect conveyances.
(b) Every conveyance shall stop at authorized mandatory aquaticinvasive species check stations in accordance with rules established by thecommission and the department of state parks and cultural resources. Uponprobable cause that an aquatic invasive species may be present, a peace officermay:
(i) Require the owner of a conveyance to decontaminate theconveyance; or
(ii) Decontaminate or impound and quarantine the conveyance asprovided in this section.
(c) The commission, in consultation with the department ofstate parks and cultural resources, may restrict watercraft usage on waters ofthe state as provided in W.S. 41-13-211(b) upon a finding that a specific bodyof water is threatened with the imminent introduction of an aquatic invasivespecies or an aquatic invasive species has been introduced to the specific bodyof water.
(d) Any peace officer is authorized to stop and inspect for thepresence of aquatic invasive species or for proof of required inspection anyconveyance:
(i) Immediately prior to a boat, vessel or watercraft beinglaunched into waters of the state;
(ii) Prior to departing from the waters of this state or a boat,vessel or watercraft staging area;
(iii) That is visibly transporting any aquatic plant material; or
(iv) Upon a reasonable suspicion that an aquatic invasivespecies may be present.
(e) A peace officer may order the decontamination of aconveyance upon a determination that an aquatic invasive species is presentafter conducting an inspection as provided in this section.
(f) A peace officer may impound and quarantine a conveyance if:
(i) The peace officer finds that an aquatic invasive species ispresent after conducting an inspection authorized by this section;
(ii) The person transporting the conveyance refuses to submit toan inspection authorized by this section; or
(iii) The person transporting the conveyance refuses to complywith an order authorized by this section to decontaminate the conveyance.
(g) An impoundment and quarantine of a conveyance may continuefor the reasonable period necessary to inspect and decontaminate the conveyanceand to ensure that the aquatic invasive species has been completely eradicatedfrom the conveyance or is no longer living.
23-4-204. Rulemaking authority; fees.
(a) The commission and the department of state parks andcultural resources shall promulgate rules to administer and enforce theprovisions of this article.
(b) The commission and the department of state parks andcultural resources shall establish and collect fees in accordance with thefollowing:
(i) An annual fee shall be collected by the commission or thedepartment of state parks and cultural resources for every watercraft beforethe watercraft enters the waters of the state. Payment of the fees shall beevidenced by a sticker placed on the bow of the watercraft and no person shalloperate nor shall the owner permit the operation of any watercraft on thewaters of the state without payment of the fees provided in this section anddisplay of the sticker on the bow of the watercraft. For purposes of thisparagraph, "watercraft" means any contrivance used or designedprimarily for navigation on water but does not include personal flotationdevices or water sport toys;
(ii) Fees shall be established by commission rule or regulationpromulgated in accordance with the Wyoming Administrative Procedure Act;
(iii) Fees shall be established in an amount to ensure that, tothe extent practicable, the total revenue generated from the fees collectedapproximates, but does not exceed, the direct and indirect costs ofadministering the regulatory provisions required under this article.
(c) The department of state parks and cultural resources maycollect fees and shall transfer those fees collected to the commission for depositin the account created pursuant to W.S. 23-1-501(g).
23-4-205. Penalties.
(a) Any person who violates the provisions of this article orany order under this article is guilty of a high misdemeanor punishable asprovided in W.S. 23-6-202(a)(ii).
(b) In addition to any other criminal penalty provided in thissection any person who violates any provision of this article, may be assessedcivil penalties in an amount not to exceed the costs incurred by the commissionand the department of state parks and cultural resources in enforcing theprovisions of this article but shall not include costs associated with theeradication of an aquatic invasive species introduced into the waters of thisstate. The commission or the department of state parks and cultural resourcesmay bring a civil action in any court of competent jurisdiction for civilpenalties or injunctive relief.
