State Codes and Statutes

Statutes > Wyoming > Title23 > Chapter1

CHAPTER 1 - ADMINISTRATION

 

ARTICLE 1 - GENERAL PROVISIONS

 

23-1-101. Definitions of wildlife.

 

(a) As used in this act:

 

(i) "Big game animal" means antelope, bighorn sheep,deer, elk, moose or mountain goat;

 

(ii) "Exotic species" means any wild animals,including amphibians, reptiles, mollusks, crustaceans or birds not found in awild, free or unconfined status in Wyoming;

 

(iii) "Furbearing animal" means badger, beaver,bobcat, marten, mink, muskrat or weasel;

 

(iv) "Game bird" means grouse, partridge, pheasant,ptarmigan, quail, wild turkey and migratory game birds;

 

(v) "Game fish" means bass, catfish, crappie,grayling, ling, northern pike, perch, salmon, sauger, sunfish, trout, walleyeor whitefish;

 

(vi) "Migratory game bird" means all migratory gamebirds defined and protected under federal law;

 

(vii) "Predacious bird" means English sparrow andstarling;

 

(viii) "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(xii)(B)(I) of this subsection;

 

(II) Classifiedas a trophy game animal by the commission pursuant to W.S. 23-1-304(a).

 

(ix) "Protected animal" means black-footed ferret,fisher, lynx, otter, pika or wolverine;

 

(x) "Protected bird" means migratory birds asdefined and protected under federal law;

 

(xi) "Small game animal" means cottontail rabbit orsnowshoe hare, and fox, grey and red squirrels;

 

(xii) "Trophy game animal" means:

 

(A) Black bear, grizzly bear or mountain lion; and

 

(B) From and after the date gray wolves are removed from 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 thecommission if the commission determines the diminution does not impede thedelisting of gray wolves and will facilitate Wyoming's management 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 commissionpursuant to W.S. 23-1-304(a).

 

(xiii) "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 withinWyoming.

 

(b) To the extent necessary to achieve federal governmentdelisting of the gray wolf, the governor may direct the game and fishcommission to adopt a boundary between the area in which the wolf is treated asa trophy game animal and the area where it is treated as a predator at any placebetween the area described in subdivision (a)(xii)(B)(I) of this section andthe following described area: northwest Wyoming beginning at the junction ofWyoming Highway 120 and the Wyoming-Montana state line; southerly along WyomingHighway 120 to the Greybull River; southwesterly up said river to the WoodRiver; southwesterly up said river to the Shoshone National Forest boundary;southerly along said boundary to the Wind River Indian Reservation boundary;westerly, then southerly along said boundary to the Continental Divide;southeasterly along said divide to the Middle Fork of Boulder Creek; westerlydown said creek to Boulder Creek; westerly down said creek to the Bridger-TetonNational Forest boundary; northwesterly along said boundary to its intersectionwith U.S. Highway 189-191; northwesterly along said highway to the intersectionwith U.S. Highway 26-89-191; northerly along said highway to Wyoming Highway 22in the town of Jackson; westerly along said highway to the Wyoming-Idaho stateline; north along said state line to the Wyoming-Montana state line; north,then east along said state line to Wyoming Highway 120. Any boundary changeadopted pursuant to this subsection shall be certified and effective asprovided in W.S. 23-1-109(f).

 

23-1-102. General definitions.

 

(a) As used in this act:

 

(i) "Commission" means the game and fish commissionof Wyoming;

 

(ii) "Commissioner" means a member of the commission;

 

(iii) "Department" means the Wyoming game and fishdepartment;

 

(iv) "Director" means the director of the department;

 

(v) "Orders" means orders, rules and regulations;

 

(vi) "License" means license or permit;

 

(vii) "Take" means hunt, pursue, catch, capture, shoot,fish, seine, trap, kill, or possess, or attempt to hunt, pursue, catch,capture, shoot, fish, seine, trap, kill, or possess;

 

(viii) "Person" means an individual, partnership,corporation, company, any other type of association, and any agent or officerof any partnership, corporation, company, or other type of association;

 

(ix) "Resident" means a United States citizen or legalalien who meets the requirements specified in W.S. 23-1-107 and rules of thecommission;

 

(x) "Nonresident" means any person not a resident;

 

(xi) "State" means the state of Wyoming unlessotherwise indicated;

 

(xii) The singular includes the plural, the plural the singular,and the masculine the feminine or neuter when consistent with the intent ofthis act and necessary to effect its purpose;

 

(xiii) "This act" means W.S. 23-1-101 through 23-6-208and any future amendments thereto;

 

(xiv) "Commercial operation or business" meansprofessional guides, outfitters, fur dealers, domesticators of furbearinganimals, tanners, taxidermists, game bird farms, fishing preserves, commercialfish hatcheries, seiners, or dealers in live bait;

 

(xv) "Domicile" means that place where a person hashis true, fixed and permanent home to which whenever the person is temporarilyabsent the person has the intention of returning. To prove domicile in Wyomingunder this act a person shall be able to establish that he:

 

(A) Physically resides in Wyoming;

 

(B) Has made his permanent home in Wyoming;

 

(C) Is not residing in Wyoming for a special or temporarypurpose; and

 

(D) Has abandoned his domicile in all other states, territoriesor countries.

 

(xvi) "Livestock" means horses, mules and asses,rabbits, llamas, cattle, swine, sheep, goats, poultry, or other animalgenerally used for food or in the production of food or fiber, and guardanimals actively engaged in the protection of livestock. Bison are consideredlivestock unless otherwise designated by the Wyoming livestock board and thecommission;

 

(xvii) "Home of record" means the place recorded, onmilitary form DD 214, as the home of the individual at the time he enlisted,was commissioned or initially ordered to active duty in the military. The homeof record may be changed only if there has been a break in service of one (1)full day;

 

(xviii) "Electronic licensing" means a system for theissuance of licenses, stamps and tags as an alternative to issuing originalpaper licenses, stamps and tags. An electronic licensing system is a system inwhich the license, stamp or tag, or authorization therefor, is received througha point of sale terminal or through a computer.

 

23-1-103. Ownership of wildlife; purpose of provisions.

 

For the purpose of this act, all wildlifein Wyoming is the property of the state. It is the purpose of this act and thepolicy of the state to provide an adequate and flexible system for control,propagation, management, protection and regulation of all Wyoming wildlife.There shall be no private ownership of live animals classified in this act asbig or trophy game animals or of any wolf or wolf hybrid.

 

23-1-104. Federal game preserves also state preserves.

 

Allfederal game preserves and sanctuaries now existing, or hereafter created, arestate game animal, bird and fish preserves for the purposes of this act.

 

23-1-105. Migratory bird refuge in Seedskadee area.

 

(a) The state consents to the acquisition by the United Statesby purchase, gift, devise, or lease of land or land covered by water in theamount of twenty thousand (20,000) acres in the Seedskadee area in Sweetwatercounty where approved by the commission and the state land board. Theacquisition shall be as the United States may deem necessary for theestablishment and maintenance of migratory bird refuges in accordance with andfor the purposes of the act of congress approved February 18, 1929 entitled "MigratoryBird Conservation Act," 16 U.S.C. 715 through 715s, and amendmentsthereto, and the act of congress entitled "Migratory Bird Hunting StampAct," 16 U.S.C. 718 through 718k and amendments thereto.

 

(b) The land or land under water may be used by the UnitedStates as refuge for migratory birds. Wyoming reserves full and completejurisdiction and authority over all such areas not incompatible with theadministration, maintenance, protection, and control of the areas by the UnitedStates under the terms of the acts of congress stated herein. If the land orland under water is purchased by the United States, the deed shall contain aclause that in the event the land or land under water ceases to be used as amigratory bird refuge, it shall revert to the state.

 

(c) The owner of any land to be acquired under this section isentitled to reserve all oil, gas, coal or other minerals owned by him in orupon the land together with the right to enter upon the land for exploration,development, and production of oil, gas, coal, or other minerals.

 

23-1-106. Migratory bird refuge in Bear river area.

 

(a) Subject to acceptance by the United States fish andwildlife service of the provisions contained in this section, the stateconsents to the acquisition by the United States by purchase, gift, devise orlease of land or land covered by water in the amount of twenty-seven thousand(27,000) acres along the Bear river or in the Bear river area in Lincolncounty. The acquisition shall be as the United States may deem necessary forthe establishment and maintenance of migratory bird refuges in accordance withand for the purposes of the act of congress approved February 18, 1929 entitled"Migratory Bird Conservation Act", 16 U.S.C. 715 through 715s, P.L.70-770, the act of congress approved March 16, 1934 entitled "MigratoryBird Hunting Stamp Act", 16 U.S.C. 718 through 718k, and the act ofcongress approved September 3, 1964 entitled "Land and Water ConservationFund Act of 1965", 16 U.S.C. 460l-4-460l-11, P.L. 88-578, as these actsare amended as of January 1, 1989. Wyoming reserves full and completejurisdiction and authority over all such areas not incompatible with theadministration, maintenance, protection and control of the areas by the UnitedStates under the acts of congress specified in this subsection except asprovided in subsection (d) of this section.

 

(b) The acquisition of land or interests in land shall beconducted on a willing seller-willing buyer basis and eminent domain shall notbe utilized as a land acquisition method except where a landowner and theUnited States mutually agree in writing to a quiet title action. Unlessotherwise negotiated in any arms-length agreements, an owner of land or landunder water to be acquired under this section is entitled to reserve all oil,gas, coal or other minerals owned by him in or upon the land together with theright to enter upon the land for exploration, development and production ofoil, gas, coal or other minerals.

 

(c) The board of land commissioners is authorized to enter intoagreements to sell, lease or otherwise negotiate interests in state land withthe United States. State-owned land or land under water located within theproject may be purchased or leased by the United States as a refuge formigratory birds, except that oil, gas, coal and other minerals shall bereserved by the state. If any state-leased land or land under water ceases tobe used as a migratory bird refuge, the lease shall be cancelled and theinterests reverted to the state.

 

(d) Consent to the acquisition of land by the United States forthe purpose of this section is conditioned upon the United States executingappropriate agreements with the state engineer which state:

 

(i) The United States shall comply with state water law,including the amended Bear River Compact and rules and regulations of the stateengineer and the state board of control, in acquiring and exercising waterrights for any and all beneficial uses related to the refuge;

 

(ii) No rights to use of water shall be implied by the creationof the refuge, and nothing in this section shall be construed as establishing areserved water right for the United States;

 

(iii) No water rights shall be condemned to provide water for therefuge; and

 

(iv) Historic use practices shall be addressed.

 

(e) Consent of the state for acquisition of land under thissection shall not be interpreted as consent to the development of the refuge.

 

23-1-107. Residency for obtaining game and fish licenses.

 

(a) Except as otherwise provided in this section, to qualifyfor any resident game and fish license, preference point, permit or tag issuedunder this act, a person shall be domiciled in Wyoming for not less than one(1) full year immediately preceding the date the person applies for thelicense, preference point, permit or tag and shall not have claimed residencyin any other state, territory or country for any purpose during that one (1)year period.

 

(b) Each person applying for a license, preference point, permitor tag under this act shall establish his own residency status independently oras provided in this subsection or subsection (g) of this section. A minordependent shall qualify as a resident if:

 

(i) His custodial parent qualifies as a resident under thisact; or

 

(ii) His noncustodial parent qualifies as a resident under thisact and the minor is or will be residing in this state with the noncustodialparent during any portion of the calendar year in which the license, permit orstamp is to be used or in the case of a preference point the calendar year inwhich the preference point is to be accumulated.

 

(c) A person other than a minor dependent qualifying undersubsection (b) of this section, shall lose his residency in Wyoming if he movesto another state, territory or country and makes it his domicile, or makes anyclaim of residency for any purpose to that state, territory or country. Provided he does not claim residency in any other state, territory or countryfor any purpose, a person shall not gain or lose residency in Wyoming merely byreason of his presence in or absence from the state while:

 

(i) Temporarily employed in the service of the United States;

 

(ii) A patient at a hospital or institution; or

 

(iii) Serving full time for a period not to exceed four (4) yearsin an established volunteer service program for religious, charitable orhumanitarian purposes.

 

(d) A person shall lose his residency in Wyoming if he residesin any other state, territory or country for an aggregate of one hundred eighty(180) days or more in a calendar year, unless he qualifies as a resident undersubsection (b), (c), (e) or (f) of this section. A person who resides in anyother state, territory or country other than Wyoming, for less than an aggregateof one hundred eighty (180) days in a calendar year, may maintain residency inWyoming under this act only if he qualifies as a resident under subsection (b),(c), (e) or (f) of this section or if:

 

(i) The person had originally established residency by beingdomiciled for one (1) full year in Wyoming prior to leaving the state for atemporary purpose;

 

(ii) The person's domicile or established, fixed and permanenthome consists of real property situated in Wyoming. A mailing address is notsufficient evidence of domicile or a permanent home. Mere ownership of realproperty is not sufficient evidence to establish domiciliary intent;

 

(iii) The person is absent from Wyoming on a temporary basis andhas the intention of returning to the state; and

 

(iv) The person makes no claim for residency in any other state,territory or country for any purpose during the time the person is absent fromWyoming.

 

(e) A person may remain a Wyoming resident while attendingschool in another state, territory or country if:

 

(i) The person does not pay resident tuition fees; and

 

(ii) The person continues to maintain Wyoming residency and doesnot claim residency in any other state, territory or country for any purpose.

 

(f) Any active duty member of the armed forces of the UnitedStates who has been stationed in Wyoming for ninety (90) days shall qualify asa resident under this section so long as the member remains stationed inWyoming. Any person serving in active military duty in any other state,territory or country, may maintain resident status if the person:

 

(i) Is not a civilian employee of the military;

 

(ii) Makes no claim of residency in any other state, territoryor country for any purpose; and

 

(iii) Was a resident of Wyoming when he entered the military serviceand Wyoming remains his declared home of record or the person:

 

(A) Makes no current claim of residency in any other state,territory or country for any purpose;

 

(B) Has established his home of record in Wyoming; and

 

(C) Has maintained his voter registration in Wyoming.

 

(g) The spouse and minor dependents of a person qualifying as aresident under subsection (f) of this section shall qualify as resident for thesame periods unless they have made a claim of residency in any other state,territory or country for any purposes during those periods.

 

(h) An applicant shall provide proof of residency and swear toan oath of residency when making application for, or attempting to purchase, aresident license, preference point, permit or tag under this act. Licenseselling agents and the department shall consider as documentary evidence ofresidency any of the following:

 

(i) A Wyoming driver's license, identification card issuedunder title 31 of the Wyoming statutes, or a copy thereof;

 

(ii) A copy of the applicant's school records or military formDD 214, which indicates Wyoming as the applicant's domicile and home of record;

 

(iii) A proof of residency statement on a form provided by thedepartment that has been completed and signed by the applicant. Any active dutymember of the armed forces, his spouse or minor dependent of the active dutymember making application for or purchasing a resident license, preferencepoint, permit or tag shall be required to complete and submit the proof ofresidency statement; or

 

(iv) A minor dependent may use as proof of residency thedocumentary evidence of his parent or legal guardian.

 

(j) The commission may promulgate rules and regulations inaccordance with the Wyoming Administrative Procedure Act to ensure that onlybona fide Wyoming residents as defined in this act are issued resident game andfish licenses, preference points, permits and tags.

 

23-1-108. Delisting of gray wolves as experimental, nonessentialpopulation, endangered species or threatened species.

 

Gray wolves shall be deemed removed fromthe list of experimental nonessential population, endangered species orthreatened species in Wyoming upon final publication in the Federal Register byappropriate federal agencies removing the gray wolf from all listings as anexperimental nonessential population, endangered species or threatened speciesin Wyoming.

 

23-1-109. State management of gray wolves.

 

(a) Subject to subsections (b) and (c) of this section, thissection shall become effective after the date that gray wolves are removed fromthe list of experimental nonessential population, endangered species orthreatened species in Wyoming, and Wyoming has legal right to exercise full andcontinuous management authority over gray wolves in the entire state of Wyomingsubject only to federal preemption.

 

(b) This section shall not become effective until such time allclaims in U.S. District Court Docket No. 06CV-245J, brought by the state ofWyoming concerning laws passed by the Wyoming legislature and found at 2003Wyoming Session Laws, Chapter 115, have been resolved by a final order issuedby the federal district court for the district of Wyoming and that order is nolonger subject to potential or ongoing appeal to any federal appellate court withjurisdiction over the district court decision, or until such claims have beensettled by the state of Wyoming and all federal agencies which may be party tothat action.

 

(c) On and after February 29, 2008, this section shall not beeffective if the United States fish and wildlife service has not:

 

(i) Published a final rule delisting gray wolves in the mannerspecified in W.S. 23-1-108 in the entire state of Wyoming; and

 

(ii) Either:

 

(A) Published a final rule modifying existing 10(j) rules,under 50 C.F.R. 17.84, governing management of wolves as an experimentalnonessential population, which provides for management of wolves wherepredation is causing unacceptable impacts to wild ungulate herds and whichaddresses wolf-wild ungulate conflicts occurring at state operated feedgrounds;or

 

(B) Executed an agreement with the state of Wyoming whichprovides adequate protection for Wyoming's wild ungulates. The determinationof adequate protection shall be made by certification of the governor as providedin subsection (f) of this section, if necessary to determine whether thissection is effective. In making the determination of adequate protection thegovernor shall consult with the Wyoming game and fish commission.

 

(d) For purposes of this section, a wild ungulate herd may beexperiencing unacceptable impacts from wolf predation where the herd hasdeclined below population objectives or is in danger of doing so and:

 

(i) The wild ungulate herd in question is located within atleast a portion of the home range of a documented wolf pack;

 

(ii) The annual report of wolf population published by theUnited States fish and wildlife service provides, or the game and fishdepartment has documented, that at least fifteen (15) breeding pairs exist inthe designated trophy game area specified in W.S. 23-1-101(a)(xii)(B)(I) andall national parks within the boundaries of Wyoming; and

 

(iii) The department determines that wolf predation is having animpact on the recruitment rate of the affected wild ungulate herd and thegovernor certifies that determination as provided in subsection (f) of thissection, if necessary to determine whether this section is effective.

 

(e) For purposes of this section, wolf-wild ungulate conflictsoccurring at state operated feedgrounds shall include any situations in whichwolves:

 

(i) Cause wild ungulates to move from those feedgrounds;

 

(ii) Cause a mixing of livestock and wild ungulates; or

 

(iii) Cause wild ungulates to pose extraordinary safety hazardson state public roadways.

 

(f) The governor shall certify to the secretary of state theoccurrence of any acts which affect whether this section is effective. Theeffective date or dates of this section shall be determined upon the date eachsuch certification is made and filed with the secretary of state.

 

ARTICLE 2 - GAME AND FISH COMMISSION

 

23-1-201. Composition; appointment; terms; oath.

 

(a) The Wyoming game and fish commission is continued inexistence.

 

(b) The commission shall be composed of eight (8) membersincluding the governor as an ex officio member. Not more than four (4) of theseven (7) appointed commissioners shall be of the same political party, and allappointed commissioners shall have a general knowledge of wildlife and wildlifepropagation, management, and control.

 

(c) Commencing in 1973, a commissioner shall be appointed fromeach appointment district pursuant to W.S. 9-1-218.

 

(d) Commissioners shall be appointed by the governor with theadvice and consent of the senate for a term of six (6) years to commence March1, except the first term for two (2) appointees shall be two (2) years and fortwo (2) appointees shall be four (4) years as designated by the governor priorto submission to the senate. Terms of current appointees are ratified andcontinued in existence until terms of new appointees under this section becomeeffective. The governor shall fill any vacancy as provided in W.S. 28-12-101.

 

(e) Each commissioner shall execute and file the oath of officeas prescribed by the Wyoming constitution with the secretary of state.

 

23-1-202. Removal of members.

 

Thegovernor may remove any commissioner as provided in W.S. 9-1-202.

 

23-1-203. Compensation and expenses.

 

Commissioners shall receive seventy-fivedollars ($75.00) per day but not more than four thousand dollars ($4,000.00)per year as salary for attendance at commission meetings and other meetingsrelated to department business in their official capacity as commissioners.Commissioners shall be reimbursed for travel and other expenses incurred inperformance of their official duties in the same manner and amount as stateemployees.

 

ARTICLE 3 - GENERAL POWERS AND DUTIES OF THE COMMISSION

 

23-1-301. Office; officers; meetings; quorum.

 

(a) The commission shall have its principal office at Cheyenne.The members of the commission shall meet during March of each year for electionof officers. Those elected shall hold office for one (1) year or until theirsuccessors are chosen. Other meetings of the commission may be held at suchtimes and places as the commission deems desirable or necessary. Unless waivedby all commissioners, the members of the commission shall be notified of thetime and place of meetings by written notice.

 

(b) A majority of the commission constitutes a quorum totransact business. The presiding officer of the commission has the authority tomaintain order in all meetings.

 

23-1-302. Powers and duties.

 

(a) The commission is directed and empowered:

 

(i) To fix season and bag limits, open, shorten or closeseasons including providing for season extensions for hunters with disabilitiesas established by commission rules and regulation, on any species or sex ofwildlife for any type of legal weapon, except predatory animals, predaciousbirds, protected animals, and protected birds, in any specified locality ofWyoming, and to give notice thereof;

 

(ii) To establish zones and areas in which trophy game animalsmay be taken as game animals with a license or in the same manner as predatoryanimals without a license, giving proper regard to the livestock and gameindustries in those particular areas;

 

(iii) To acquire lands and waters in the name of Wyoming bypurchase, lease, agreement, gift or devise, not including powers of eminentdomain, and to develop, improve, operate, and maintain the same for thefollowing purposes:

 

(A) Fish hatcheries, rearing ponds, game farms, and bird farms;

 

(B) Management of game animals, protected animals and birds,furbearing animals, game birds, fish, and their restoration, propagation, orprotection;

 

(C) Public hunting, fishing, or trapping areas as places wherethe public may hunt, trap, or fish in accordance with law.

 

(iv) To acquire easements and construct suitable access roadsleading to public lands and department lands and waters acquired pursuant toW.S. 23-1-302(a)(iii);

 

(v) To sell, exchange, lease or assign any fee ownershipinterest in any land, water, or other property heretofore or hereafteracquired;

 

(vi) To capture, propagate, transport, buy, sell, or exchangeany species of game animal, bird, fish, fish eggs, or furbearing animal neededfor propagation or stocking purposes, and to exercise control over undesirablespecies and protected species;

 

(vii) To direct the capture of any of the wildlife of Wyoming inlocalities where species are abundant and to transport and distribute anywildlife as in the judgment of the commission is for the best interests ofWyoming;

 

(viii) To authorize the chief game warden or his designee to killany wildlife in Wyoming when in the judgment of the commission the killing isnecessary or when the animals or birds are doing substantial damage toproperty. The animals or birds so killed may be sold or otherwise disposed ofwithin Wyoming;

 

(ix) To make suitable provisions for the feeding of the gameanimals, birds, and fish of Wyoming in such localities as may be deemednecessary;

 

(x) To enter into cooperative agreements with educationalinstitutions and other agencies to promote wildlife research;

 

(xi) To enter into cooperative agreements with federal agencies,corporations, associations, individuals, and landowners for the development ofstate control of wildlife management and demonstration projects;

 

(xii) To supervise the protection, management, and propagation offish and all fish culture of a public nature and the fish hatcheries now ownedor established in the future by Wyoming;

 

(xiii) To grant licenses for scientific or educational purposes tocapture, take, or ship out of Wyoming, under the supervision of the commission,such wildlife or nests or eggs of nonpredacious birds as the commission maydeem proper. The commission shall limit the number of any species so taken andestablish appropriate compensation;

 

(xiv) To prescribe the requirements and form, includingelectronic licensing format, for the licenses, stamps and tags provided for inthis act, to issue licenses, stamps and tags under the provisions of this act,including through electronic licensing, to make regulations for the sale and recordof licenses, stamps and tags, including sale by electronic licensing, and todistribute licenses, stamps, tags and electronic equipment and softwareprograms associated with electronic licensing only to persons authorized by thecommission to issue licenses, stamps or tags;

 

(xv) To require record keeping and the submission of reports ofany specified information from any type of commercial operation or businessauthorized under this act;

 

(xvi) To provide for the enforcement of this act;

 

(xvii) To provide for the employment of office and field help toadminister this act. Salaries shall be determined and fixed as provided by law;

 

(xviii) To open game preserves for hunting when they areoverstocked or a serious shortage of feed exists. These preserves shall be somanaged that they do not cause overstocking or other damage to the surroundingarea;

 

(xix) To designate as protected, game, or predatory, any speciesnot designated in W.S. 23-1-101, and to establish rules and regulationsnecessary for control of the species so designated. The designation may applyto portions of or the entire state;

 

(xx) To authorize the collection, classification, anddissemination of such statistics, data and information as in its discretionwill tend to promote the objects and purposes of this act;

 

(xxi) To establish check stations to check licenses and toestablish kill or catch reports, and to designate the location of checkstations in yearly hunting regulations;

 

(xxii) To promulgate such orders as the commission considersnecessary to carry out the intent of this act;

 

(xxiii) To create new divisions or abolish any existing divisionswithin the department as necessary to effectively administer and enforce thisact;

 

(xxiv) To approve and make public budgets and establish policy forthe department;

 

(xxv) To regulate the use of power vehicles on land owned orleased by the commission;

 

(xxvi) To regulate or prohibit the importation of exotic species,small game animals, furbearing animals, protected animals, game birds,migratory birds, protected birds, and fish into Wyoming, and to regulate andpermit the importation of big or trophy game animals into Wyoming only forexhibition purposes or for zoos;

 

(xxvii) To designate individual bison or identifiable herds ofbison as wildlife when the action is subsequently approved by the Wyominglivestock board;

 

(xxviii) To reject or to accept and expend for purposes authorizedunder this section any and all gifts of cash, stocks, bonds or any other formof monies. Gifts shall be deposited and expended as provided in W.S. 23-1-501;

 

(xxix) Afterthe date gray wolves are removed from the list of experimental nonessentialpopulation, endangered species or threatened species in Wyoming as provided byW.S. 23-1-108, to classify gray wolves as predatory or trophy game animals inaccordance with W.S. 23-1-304, and to regulate the number of gray wolves whichmay be taken under a license issued under this act or as necessary to carry outthe commission's duties under this act;

 

(xxx) To prohibit and regulate the administration of any chemicalor biological substance or physical procedure to wildlife under the managementand jurisdiction of the commission for the purpose of controlling fertility orreproduction;

 

(xxxi) To regulate and control the collection of shed antlers andhorns of big game animals for the purpose of minimizing the harassment ordisturbance of big game populations on public lands west of the ContinentalDivide any time between January 1 and May 1 of each year.

 

(b) Notwithstanding subsection (a) of this section:

 

(i) The commission shall not ban the use of lead shot except inareas where shotgun shell pellets will exceed twenty thousand (20,000) per acreas determined by sampling methods approved by the commission. Banned lead shotareas shall not exceed areas reasonably necessary for practical enforcement ofthe ban;

 

(ii) This subsection does not apply if federal regulations areadopted forcing the designation of areas in addition to those specified inparagraph (i) of this subsection as nontoxic shot zones. The commission shallnegotiate with the United States Fish and Wildlife Service to minimize theextent to which lead shot is banned.

 

(c) Repealed by Laws 1988, ch. 79, 11.

 

(d) Repealed by Laws 1988, ch. 79, 11.

 

(e) Repealed by Laws 1988, ch. 79, 11.

 

(f) Repealed by Laws 1988, ch. 79, 11.

 

(g) Repealed by Laws 1988, ch. 79, 11.

 

(h) For purposes of promoting the maintenance of wildlifehabitat and attaining wildlife management objectives pursuant to W.S. 23-1-103and in addition to duties prescribed under paragraph (a)(xiv) of this section,the commission shall promulgate rules and regulations governing the issuance ofelk, deer, antelope and turkey hunting licenses to Wyoming landowners withoutsubjection to prescribed means of competitive public issuance. Fees assessedfor licenses authorized under this subsection shall be equal to fees prescribedunder W.S. 23-2-101(j) for each species for which the license is issued.

 

(j) For the purpose of attaining and maintaining wildlifemanagement objectives, the commission may designate funds not to exceed fourpercent (4%) of all license fees under this title annually to be used formanagement and control of predator populations.

 

(k) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the commission, the commission shall notify theparty named in the court order of the withholding, suspension or restriction inaccordance with the court order. No appeal under the Wyoming AdministrativeProcedure Act shall be allowed for a license withheld, suspended or restrictedunder this subsection.

 

(m) The commission shall by rule and regulation provide for theissuance of a disabled hunter companion permit. An individual acting inaccordance with a permit issued pursuant to this subsection shall not be inviolation of any provision of this act or rule or regulation of the commissionprohibiting the taking of a game animal without a license. The permit shall:

 

(i) Upon application of a disabled licensed hunter, be issuedto an individual designated by the licensed hunter in accordance with therequirements established under this subsection;

 

(ii) Authorize the permit holder to reduce to possession anyanimal the disabled hunter has lawfully wounded or killed under authority of alicense issued under this act which he is physically incapable of pursuing;

 

(iii) Require that the licensed hunter or the permit holder tagany animal retrieved under authority of the permit, if otherwise required bythis act;

 

(iv) Be issued in accordance with commission rules andregulations specifying the physical limitations which must be met by thedisabled hunter and the requirements for the permit holder;

 

(v) Be issued for a fee established by the commission in anamount not to exceed five dollars ($5.00).

 

(n) In order to mitigate detrimental impacts to Wyoming fromwildlife species including endangered species, which have been or may beintroduced, planted or propagated in Wyoming, excluding Yellowstone NationalPark, by any federal agency, the commission shall demand reimbursement from thefederal government for damages to Wyoming wildlife and wildlife habitat causedby any species, including endangered species, introduced within Wyoming underfederal mandates or programs.

 

(o) The commission may, by rule and regulation, establish anelectronic licensing system and prescribe the manner of payment for anyelectronic payment accepted by the department. For purposes of facilitating theimplementation of an electronic licensing system, the commission may:

 

(i) Enter into agreements with the state treasurer to establishan electronic funds transfer system;

 

(ii) Permit license selling agents to authorize an electronicfunds transfer to a collection account as set forth by commission rule andregulation;

 

(iii) Charge the license selling agent an additional fee of notmore than thirty dollars ($30.00) for each nonsufficient funds debit from thelicense selling agent's account; and

 

(iv) Promulgate all other necessary rules and regulations toeffectuate electronic licensing.

 

23-1-303. Promulgation of orders; closing of hunting areas;promulgation of rules.

 

(a) All orders of the commission shall be written and theoriginal signed by the presiding officer of the commission. Copies of theorders shall be signed by facsimile signature of the presiding officer of thecommission.

 

(b) All persons authorized to sell licenses and tags shalldeliver upon request a copy of the order to each purchaser of a license or tag.

 

(c) When any commission order closes any area of land, lake, orstream from hunting or fishing, a concise description of the area, lake, orstream closed shall be posted in the manner and place determined by thecommission to be adequate notice of the closure.

 

(d) Repealed by Laws 1989, ch. 200, 2.

 

(e) Rules and regulations of the commission and departmentshall be promulgated in accordance with the provisions of the WyomingAdministrative Procedure Act.

 

23-1-304. Classification of gray wolves.

 

(a) Thecommission shall by rule and regulation establish areas within the state wheregray wolves are classified as trophy game animals and set seasons and baglimits within those areas. The areas designated, seasons and bag limits shallbe set annually in a manner the commission determines, through rule andregulation, only as necessary to reasonably ensure at least seven (7) breedingpairs of gray wolves are located in this state and primarily outside ofYellowstone National Park, Grand Teton National Park and John D. Rockefeller,Jr. Memorial Parkway at the end of the current calendar year.

 

(b) Repealed by Laws 2007, Ch. 168, 5.

 

(c) For purposesof this section "breeding pair" means an adult male and an adultfemale gray wolf raising at least two (2) pups of the year until December 31.The number of breeding pairs shall be certified by the department prior toJanuary 31 of each year.

 

(d) Thedepartment shall institute and maintain an active program of populationmonitoring statewide. Population monitoring shall include the use of globalpositioning systems and radio collaring of gray wolves, including use of aerialtracking, necessary to accurately determine the population and movement of graywolves in the state. The commission is authorized to enter into memoranda ofunderstanding with the United States fish and wildlife service or other federalagencies to fund the purchase of the necessary technology and to ensureaccurate and adequate monitoring of wolf population levels and movementsthrough global positioning systems and radio collar tracking. In all areas ofthe state, except where otherwise provided, any person who harvests a wolfshall notify the department where the harvest occurred within ten (10) days. Any information regarding the number or nature of wolves legally harvestedwithin the state of Wyoming shall only be released in its aggregate form and noinformation of a private or confidential nature shall be released without thewritten consent of the person to whom the information may refer. Informationidentifying any person legally harvesting a wolf within this state is solelyfor the use of the department or appropriate law enforcement offices and is nota public record for purposes of W.S. 16-4-201 through 16-4-205.

 

(e) Thedepartment shall actively monitor big game animal herd populations statewide todetermine whether and to what extent the gray wolf is negatively impacting biggame animal herds, and thereby hunting opportunities. To the extent permittedby this title, and notwithstanding other provisions of this title by thosemeans authorized by the commission, the department shall manage the gray wolfpopulation as necessary to ensure the long-term health and viability of any biggame animal herd that is being threatened in this state.

 

(f) This section shall apply from and after the date graywolves are removed from the list of experimental nonessential population,endangered species or threatened species in Wyoming as provided by W.S.23-1-108.

 

(g) Thecommission is authorized, through rule and regulation, to use aggressivemanagement techniques including the use of aerial hunting and hazing by thedepartment and issuance of permits to private landowners to take wolves toprotect private property including, but not limited to, livestock and otherdomesticated animals from wolf depredation.

 

(h) Within forty-eight (48) hours ofreceiving notification from a landowner or his designee that any gray wolf inthe state has harassed, injured, maimed or killed livestock or any domesticatedanimal, the department shall respond. The department may use the aggressivemanagement techniques authorized under subsection (g) of this section or anyother management methods necessary, to minimize the harassing, injuring,maiming or killing of livestock and other domesticated animals.

 

(j) At any time that there exists the numberof breeding pairs of gray wolves specified in subsection (a) of this section,the department is authorized to take any action necessary to protect big andtrophy game populations in this state from predation by gray wolves. Thedepartment shall give priority to areas where the wild ungulate herd isexperiencing unacceptable impacts from wolf predation.

 

(k) The commission is authorized to enterinto memoranda of understanding with any federal agency or other state'swildlife agency to carry out any provision of this section and Wyoming's wolfmanagement plan, including the use of aerial hunting.

 

(m) The commission shall promulgate rulesand regulations requiring lethal control of wolves harassing, injuring, maimingor killing livestock or other domesticated animals and for wolves occupyinggeographic areas where chronic wolf predation occurs. The rules andregulations shall provide that nonlethal control actions will be used if lethalcontrol could cause relisting of wolves under the endangered species act or ifrequested by the livestock or domesticated animal owner or agent.

 

(n) The commission shall promulgate rulesand regulations providing for issuance of annual permits to landowners orlivestock owners for removing wolves which are harassing, injuring, maiming orkilling livestock or other domesticated animals and for wolves occupyinggeographic areas where chronic wolf predation occurs. The permits shall beissued as long as there are seven (7) breeding pairs within the state andoutside of Yellowstone National Park, Grand Teton National Park and John D.Rockefeller, Jr. Memorial Parkway. The rules shall provide for suspending orcancelling permits if further lethal control could cause relisting of wolvesunder the endangered species act.

 

(o) The commission shall promulgate rulesand regulations establishing a fair compensation program to compensate for wolfpredation on livestock as provided in W.S. 23-1-901.

 

(p) Repealed by Laws 2008, Ch. 44, 2.

 

ARTICLE 4 - CREATION AND ORGANIZATION OF THE GAME AND FISHDEPARTMENT

 

23-1-401. Game and fish department; creation; control.

 

(a) The Wyoming game and fish department is created.

 

(b) The department is under the direction and supervision ofthe commission.

 

(c) The department consists of the director who is the chiefadministrative officer and such divisions as the commission may create.

 

23-1-402. Game and fish director; appointment; salary; term of office;qualification; duties and authority.

 

(a) The governor shall appoint a competent person as thedirector of the department as provided in W.S. 9-2-2010 at a salary determinedby the commission, not to exceed the sum set by law.

 

(b) The director shall hold office at the pleasure of thegovernor and may be removed by him as provided in W.S. 9-1-202.

 

(c) The director is the chief administrative head of thedepartment with general supervision and control of all activities, functions,and employees of the department, under the direction and supervision of thecommission. He shall devote his entire time to the performance and supervisionof the duties conferred on him by the commission and by law.

 

23-1-403. Chief fiscal officer.

 

Thecommission shall appoint a chief fiscal officer of the commission in the mannerprovided by law. The chief fiscal officer shall act as secretary of thecommission and perform such other duties as may be directed by the director. Heis removable as provided by law.

 

23-1-404. Chief game and fish wardens; division chiefs.

 

(a) The director, with the consent of the commission, shall appointa chief game warden, a chief fish warden, and any necessary division chiefs asprovided by law.

 

(b) The chief game warden, chief fish warden, and divisionchiefs shall be men of knowledge and experience in the fields administered bytheir respective divisions, shall be the administrative head of theirrespective divisions, shall have administrative supervision of all activitiesand personnel of their respective divisions subject to the approval of thedirector, and shall devote their entire time to the service of the state indischarge of their official duties as provided by law and as prescribed by thecommission. They are removable as provided by law.

 

23-1-405. Game wardens; appointment based on competitive examination;investigation; removal.

 

Allappointments of game wardens shall be based on competitive examinations.Applicants shall be knowledgeable of wildlife, and of the duties andresponsibilities of game wardens. The commission shall provide for theinvestigation of the qualifications of each applicant. Examinations shall beheld at selected points throughout Wyoming. Game wardens are removable asprovided by law.

 

23-1-406. Repealed by Laws 1985, ch. 36, 1.

 

ARTICLE 5 - FINANCE

 

23-1-501. Game and fish fund.

 

(a) The Wyoming game and fish fund is continued in existence.

 

(b) All income received by the commission or department shallbe deposited in the state treasury and credited to the Wyoming game and fishfund. The commission may establish accounts within the fund to carry out the purposesof this act, in addition to those accounts established by law. The Wyoming gameand fish fund shall be expended as the commission may direct to carry out thepurposes of this act and for no other purpose, except that the legislature mayappropriate so much thereof as necessary for expenses of any authorizedlegislative committee to study matters relating to the commission ordepartment. Expenditures from the Wyoming game and fish fund shall be made onlyby warrant issued by the state auditor upon vouchers signed by the director andchief fiscal officer, or other persons designated by the commission to sign intheir absence, substantiated and approved as provided by law.

 

(c) An account within the Wyoming game and fish fund iscreated. Revenues collected from the sale of licenses under W.S.23-2-101(j)(vii) and (viii) and 23-2-201(d)(viii) shall be deposited within theaccount. The commission may annually transfer into the fund from the account anamount not to exceed six percent (6%) of the total account balance.

 

(d) A trust account within the Wyoming game and fish fund iscreated. Gifts accepted by the commission as provided under W.S.23-1-302(a)(xxviii) shall be deposited within the account. The commission shallmaintain a public record of each donor and the amount of the gift. Thecommission may make expenditures from the account for any purpose for which thecommission is authorized by law to expend funds, subject to any restrictions orconditions placed on the gift by the donor. The commission shall maintain apublic record of the amount of each expenditure from the account and thepurpose for the expenditure.

 

(e) An account within the game and fish fund is created.Revenues collected under W.S. 23-2-101(n), 23-2-201(e) and as specified underW.S. 23-2-306(a) and (b) shall be deposited within the account. The commissionshall use revenues in the account to purchase access easements to provideaccess to public and private lands. The commission shall notify in writing theappropriate boards of county commissioners before purchasing any accesseasements under this subsection. In addition and on or before February 1 ofeach year, the commission shall annually report to the legislature on easementspurchased pursuant to this subsection during the preceding fiscal year.

 

(f) A trust account separate and apart from the trust accountestablished under subsection (d) of this section is created within the Wyominggame and fish fund. The account shall consist of those funds appropriated ordesignated to the account by law or by gift from whatever source. Fundsdeposited within the account are intended to be inviolate and constitute apermanent or perpetual trust account which shall be invested by the statetreasurer as authorized under W.S. 9-4-715(a), (d) and (e) and in a manner toobtain the highest return possible consistent with preservation of the accountcorpus. Any interest earned from investment of the account corpus shall becredited by the state treasurer into the Wyoming game and fish fund to beexpended by the commission for purposes specified under subsection (b) of thissection.

 

(g) An account within the game and fish fund is created. Revenues received pursuant to W.S. 23-4-204 shall be credited to the accountand are continuously appropriated to the commission to be expended for theprevention, surveillance, containment and direct and indirect costs associatedwith the administration of the aquatic invasive species program created underchapter 4, article 2 of this act.

 

23-1-502. Financial policy; budget; fiscal year; debts.

 

(a) Except as provided in subsection (d) of this section, thecommission shall govern its financial policies, subject to the written approvalof its budgets by the governor. The commission shall fix the budgets for theoperation and maintenance of the department and its divisions for each fiscalyear at its first stated meeting of each fiscal year, and shall submit itsbudget estimates for the following fiscal year as provided by W.S. 9-2-1012.

 

(b) Repealed By Laws 2009, Ch. 90, 3.

 

(c) The commission shall not contract any debt, debts, orobligations in excess of twenty percent (20%) of its anticipated revenue forthe ensuing year. Any debt created by the commission shall only be paid fromthe game and fish fund and shall be paid in full within two (2) years from thedate it is contracted.

 

(d) The commission shall prepare a separate budget requestinggeneral funds to implement and maintain its sensitive species and nongameprograms and shall submit that budget for review, recommendation and approvalas provided in W.S. 9-2-1010 through 9-2-1014.1. Any funds appropriated by thelegislature which are specified for these pr

State Codes and Statutes

Statutes > Wyoming > Title23 > Chapter1

CHAPTER 1 - ADMINISTRATION

 

ARTICLE 1 - GENERAL PROVISIONS

 

23-1-101. Definitions of wildlife.

 

(a) As used in this act:

 

(i) "Big game animal" means antelope, bighorn sheep,deer, elk, moose or mountain goat;

 

(ii) "Exotic species" means any wild animals,including amphibians, reptiles, mollusks, crustaceans or birds not found in awild, free or unconfined status in Wyoming;

 

(iii) "Furbearing animal" means badger, beaver,bobcat, marten, mink, muskrat or weasel;

 

(iv) "Game bird" means grouse, partridge, pheasant,ptarmigan, quail, wild turkey and migratory game birds;

 

(v) "Game fish" means bass, catfish, crappie,grayling, ling, northern pike, perch, salmon, sauger, sunfish, trout, walleyeor whitefish;

 

(vi) "Migratory game bird" means all migratory gamebirds defined and protected under federal law;

 

(vii) "Predacious bird" means English sparrow andstarling;

 

(viii) "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(xii)(B)(I) of this subsection;

 

(II) Classifiedas a trophy game animal by the commission pursuant to W.S. 23-1-304(a).

 

(ix) "Protected animal" means black-footed ferret,fisher, lynx, otter, pika or wolverine;

 

(x) "Protected bird" means migratory birds asdefined and protected under federal law;

 

(xi) "Small game animal" means cottontail rabbit orsnowshoe hare, and fox, grey and red squirrels;

 

(xii) "Trophy game animal" means:

 

(A) Black bear, grizzly bear or mountain lion; and

 

(B) From and after the date gray wolves are removed from 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 thecommission if the commission determines the diminution does not impede thedelisting of gray wolves and will facilitate Wyoming's management 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 commissionpursuant to W.S. 23-1-304(a).

 

(xiii) "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 withinWyoming.

 

(b) To the extent necessary to achieve federal governmentdelisting of the gray wolf, the governor may direct the game and fishcommission to adopt a boundary between the area in which the wolf is treated asa trophy game animal and the area where it is treated as a predator at any placebetween the area described in subdivision (a)(xii)(B)(I) of this section andthe following described area: northwest Wyoming beginning at the junction ofWyoming Highway 120 and the Wyoming-Montana state line; southerly along WyomingHighway 120 to the Greybull River; southwesterly up said river to the WoodRiver; southwesterly up said river to the Shoshone National Forest boundary;southerly along said boundary to the Wind River Indian Reservation boundary;westerly, then southerly along said boundary to the Continental Divide;southeasterly along said divide to the Middle Fork of Boulder Creek; westerlydown said creek to Boulder Creek; westerly down said creek to the Bridger-TetonNational Forest boundary; northwesterly along said boundary to its intersectionwith U.S. Highway 189-191; northwesterly along said highway to the intersectionwith U.S. Highway 26-89-191; northerly along said highway to Wyoming Highway 22in the town of Jackson; westerly along said highway to the Wyoming-Idaho stateline; north along said state line to the Wyoming-Montana state line; north,then east along said state line to Wyoming Highway 120. Any boundary changeadopted pursuant to this subsection shall be certified and effective asprovided in W.S. 23-1-109(f).

 

23-1-102. General definitions.

 

(a) As used in this act:

 

(i) "Commission" means the game and fish commissionof Wyoming;

 

(ii) "Commissioner" means a member of the commission;

 

(iii) "Department" means the Wyoming game and fishdepartment;

 

(iv) "Director" means the director of the department;

 

(v) "Orders" means orders, rules and regulations;

 

(vi) "License" means license or permit;

 

(vii) "Take" means hunt, pursue, catch, capture, shoot,fish, seine, trap, kill, or possess, or attempt to hunt, pursue, catch,capture, shoot, fish, seine, trap, kill, or possess;

 

(viii) "Person" means an individual, partnership,corporation, company, any other type of association, and any agent or officerof any partnership, corporation, company, or other type of association;

 

(ix) "Resident" means a United States citizen or legalalien who meets the requirements specified in W.S. 23-1-107 and rules of thecommission;

 

(x) "Nonresident" means any person not a resident;

 

(xi) "State" means the state of Wyoming unlessotherwise indicated;

 

(xii) The singular includes the plural, the plural the singular,and the masculine the feminine or neuter when consistent with the intent ofthis act and necessary to effect its purpose;

 

(xiii) "This act" means W.S. 23-1-101 through 23-6-208and any future amendments thereto;

 

(xiv) "Commercial operation or business" meansprofessional guides, outfitters, fur dealers, domesticators of furbearinganimals, tanners, taxidermists, game bird farms, fishing preserves, commercialfish hatcheries, seiners, or dealers in live bait;

 

(xv) "Domicile" means that place where a person hashis true, fixed and permanent home to which whenever the person is temporarilyabsent the person has the intention of returning. To prove domicile in Wyomingunder this act a person shall be able to establish that he:

 

(A) Physically resides in Wyoming;

 

(B) Has made his permanent home in Wyoming;

 

(C) Is not residing in Wyoming for a special or temporarypurpose; and

 

(D) Has abandoned his domicile in all other states, territoriesor countries.

 

(xvi) "Livestock" means horses, mules and asses,rabbits, llamas, cattle, swine, sheep, goats, poultry, or other animalgenerally used for food or in the production of food or fiber, and guardanimals actively engaged in the protection of livestock. Bison are consideredlivestock unless otherwise designated by the Wyoming livestock board and thecommission;

 

(xvii) "Home of record" means the place recorded, onmilitary form DD 214, as the home of the individual at the time he enlisted,was commissioned or initially ordered to active duty in the military. The homeof record may be changed only if there has been a break in service of one (1)full day;

 

(xviii) "Electronic licensing" means a system for theissuance of licenses, stamps and tags as an alternative to issuing originalpaper licenses, stamps and tags. An electronic licensing system is a system inwhich the license, stamp or tag, or authorization therefor, is received througha point of sale terminal or through a computer.

 

23-1-103. Ownership of wildlife; purpose of provisions.

 

For the purpose of this act, all wildlifein Wyoming is the property of the state. It is the purpose of this act and thepolicy of the state to provide an adequate and flexible system for control,propagation, management, protection and regulation of all Wyoming wildlife.There shall be no private ownership of live animals classified in this act asbig or trophy game animals or of any wolf or wolf hybrid.

 

23-1-104. Federal game preserves also state preserves.

 

Allfederal game preserves and sanctuaries now existing, or hereafter created, arestate game animal, bird and fish preserves for the purposes of this act.

 

23-1-105. Migratory bird refuge in Seedskadee area.

 

(a) The state consents to the acquisition by the United Statesby purchase, gift, devise, or lease of land or land covered by water in theamount of twenty thousand (20,000) acres in the Seedskadee area in Sweetwatercounty where approved by the commission and the state land board. Theacquisition shall be as the United States may deem necessary for theestablishment and maintenance of migratory bird refuges in accordance with andfor the purposes of the act of congress approved February 18, 1929 entitled "MigratoryBird Conservation Act," 16 U.S.C. 715 through 715s, and amendmentsthereto, and the act of congress entitled "Migratory Bird Hunting StampAct," 16 U.S.C. 718 through 718k and amendments thereto.

 

(b) The land or land under water may be used by the UnitedStates as refuge for migratory birds. Wyoming reserves full and completejurisdiction and authority over all such areas not incompatible with theadministration, maintenance, protection, and control of the areas by the UnitedStates under the terms of the acts of congress stated herein. If the land orland under water is purchased by the United States, the deed shall contain aclause that in the event the land or land under water ceases to be used as amigratory bird refuge, it shall revert to the state.

 

(c) The owner of any land to be acquired under this section isentitled to reserve all oil, gas, coal or other minerals owned by him in orupon the land together with the right to enter upon the land for exploration,development, and production of oil, gas, coal, or other minerals.

 

23-1-106. Migratory bird refuge in Bear river area.

 

(a) Subject to acceptance by the United States fish andwildlife service of the provisions contained in this section, the stateconsents to the acquisition by the United States by purchase, gift, devise orlease of land or land covered by water in the amount of twenty-seven thousand(27,000) acres along the Bear river or in the Bear river area in Lincolncounty. The acquisition shall be as the United States may deem necessary forthe establishment and maintenance of migratory bird refuges in accordance withand for the purposes of the act of congress approved February 18, 1929 entitled"Migratory Bird Conservation Act", 16 U.S.C. 715 through 715s, P.L.70-770, the act of congress approved March 16, 1934 entitled "MigratoryBird Hunting Stamp Act", 16 U.S.C. 718 through 718k, and the act ofcongress approved September 3, 1964 entitled "Land and Water ConservationFund Act of 1965", 16 U.S.C. 460l-4-460l-11, P.L. 88-578, as these actsare amended as of January 1, 1989. Wyoming reserves full and completejurisdiction and authority over all such areas not incompatible with theadministration, maintenance, protection and control of the areas by the UnitedStates under the acts of congress specified in this subsection except asprovided in subsection (d) of this section.

 

(b) The acquisition of land or interests in land shall beconducted on a willing seller-willing buyer basis and eminent domain shall notbe utilized as a land acquisition method except where a landowner and theUnited States mutually agree in writing to a quiet title action. Unlessotherwise negotiated in any arms-length agreements, an owner of land or landunder water to be acquired under this section is entitled to reserve all oil,gas, coal or other minerals owned by him in or upon the land together with theright to enter upon the land for exploration, development and production ofoil, gas, coal or other minerals.

 

(c) The board of land commissioners is authorized to enter intoagreements to sell, lease or otherwise negotiate interests in state land withthe United States. State-owned land or land under water located within theproject may be purchased or leased by the United States as a refuge formigratory birds, except that oil, gas, coal and other minerals shall bereserved by the state. If any state-leased land or land under water ceases tobe used as a migratory bird refuge, the lease shall be cancelled and theinterests reverted to the state.

 

(d) Consent to the acquisition of land by the United States forthe purpose of this section is conditioned upon the United States executingappropriate agreements with the state engineer which state:

 

(i) The United States shall comply with state water law,including the amended Bear River Compact and rules and regulations of the stateengineer and the state board of control, in acquiring and exercising waterrights for any and all beneficial uses related to the refuge;

 

(ii) No rights to use of water shall be implied by the creationof the refuge, and nothing in this section shall be construed as establishing areserved water right for the United States;

 

(iii) No water rights shall be condemned to provide water for therefuge; and

 

(iv) Historic use practices shall be addressed.

 

(e) Consent of the state for acquisition of land under thissection shall not be interpreted as consent to the development of the refuge.

 

23-1-107. Residency for obtaining game and fish licenses.

 

(a) Except as otherwise provided in this section, to qualifyfor any resident game and fish license, preference point, permit or tag issuedunder this act, a person shall be domiciled in Wyoming for not less than one(1) full year immediately preceding the date the person applies for thelicense, preference point, permit or tag and shall not have claimed residencyin any other state, territory or country for any purpose during that one (1)year period.

 

(b) Each person applying for a license, preference point, permitor tag under this act shall establish his own residency status independently oras provided in this subsection or subsection (g) of this section. A minordependent shall qualify as a resident if:

 

(i) His custodial parent qualifies as a resident under thisact; or

 

(ii) His noncustodial parent qualifies as a resident under thisact and the minor is or will be residing in this state with the noncustodialparent during any portion of the calendar year in which the license, permit orstamp is to be used or in the case of a preference point the calendar year inwhich the preference point is to be accumulated.

 

(c) A person other than a minor dependent qualifying undersubsection (b) of this section, shall lose his residency in Wyoming if he movesto another state, territory or country and makes it his domicile, or makes anyclaim of residency for any purpose to that state, territory or country. Provided he does not claim residency in any other state, territory or countryfor any purpose, a person shall not gain or lose residency in Wyoming merely byreason of his presence in or absence from the state while:

 

(i) Temporarily employed in the service of the United States;

 

(ii) A patient at a hospital or institution; or

 

(iii) Serving full time for a period not to exceed four (4) yearsin an established volunteer service program for religious, charitable orhumanitarian purposes.

 

(d) A person shall lose his residency in Wyoming if he residesin any other state, territory or country for an aggregate of one hundred eighty(180) days or more in a calendar year, unless he qualifies as a resident undersubsection (b), (c), (e) or (f) of this section. A person who resides in anyother state, territory or country other than Wyoming, for less than an aggregateof one hundred eighty (180) days in a calendar year, may maintain residency inWyoming under this act only if he qualifies as a resident under subsection (b),(c), (e) or (f) of this section or if:

 

(i) The person had originally established residency by beingdomiciled for one (1) full year in Wyoming prior to leaving the state for atemporary purpose;

 

(ii) The person's domicile or established, fixed and permanenthome consists of real property situated in Wyoming. A mailing address is notsufficient evidence of domicile or a permanent home. Mere ownership of realproperty is not sufficient evidence to establish domiciliary intent;

 

(iii) The person is absent from Wyoming on a temporary basis andhas the intention of returning to the state; and

 

(iv) The person makes no claim for residency in any other state,territory or country for any purpose during the time the person is absent fromWyoming.

 

(e) A person may remain a Wyoming resident while attendingschool in another state, territory or country if:

 

(i) The person does not pay resident tuition fees; and

 

(ii) The person continues to maintain Wyoming residency and doesnot claim residency in any other state, territory or country for any purpose.

 

(f) Any active duty member of the armed forces of the UnitedStates who has been stationed in Wyoming for ninety (90) days shall qualify asa resident under this section so long as the member remains stationed inWyoming. Any person serving in active military duty in any other state,territory or country, may maintain resident status if the person:

 

(i) Is not a civilian employee of the military;

 

(ii) Makes no claim of residency in any other state, territoryor country for any purpose; and

 

(iii) Was a resident of Wyoming when he entered the military serviceand Wyoming remains his declared home of record or the person:

 

(A) Makes no current claim of residency in any other state,territory or country for any purpose;

 

(B) Has established his home of record in Wyoming; and

 

(C) Has maintained his voter registration in Wyoming.

 

(g) The spouse and minor dependents of a person qualifying as aresident under subsection (f) of this section shall qualify as resident for thesame periods unless they have made a claim of residency in any other state,territory or country for any purposes during those periods.

 

(h) An applicant shall provide proof of residency and swear toan oath of residency when making application for, or attempting to purchase, aresident license, preference point, permit or tag under this act. Licenseselling agents and the department shall consider as documentary evidence ofresidency any of the following:

 

(i) A Wyoming driver's license, identification card issuedunder title 31 of the Wyoming statutes, or a copy thereof;

 

(ii) A copy of the applicant's school records or military formDD 214, which indicates Wyoming as the applicant's domicile and home of record;

 

(iii) A proof of residency statement on a form provided by thedepartment that has been completed and signed by the applicant. Any active dutymember of the armed forces, his spouse or minor dependent of the active dutymember making application for or purchasing a resident license, preferencepoint, permit or tag shall be required to complete and submit the proof ofresidency statement; or

 

(iv) A minor dependent may use as proof of residency thedocumentary evidence of his parent or legal guardian.

 

(j) The commission may promulgate rules and regulations inaccordance with the Wyoming Administrative Procedure Act to ensure that onlybona fide Wyoming residents as defined in this act are issued resident game andfish licenses, preference points, permits and tags.

 

23-1-108. Delisting of gray wolves as experimental, nonessentialpopulation, endangered species or threatened species.

 

Gray wolves shall be deemed removed fromthe list of experimental nonessential population, endangered species orthreatened species in Wyoming upon final publication in the Federal Register byappropriate federal agencies removing the gray wolf from all listings as anexperimental nonessential population, endangered species or threatened speciesin Wyoming.

 

23-1-109. State management of gray wolves.

 

(a) Subject to subsections (b) and (c) of this section, thissection shall become effective after the date that gray wolves are removed fromthe list of experimental nonessential population, endangered species orthreatened species in Wyoming, and Wyoming has legal right to exercise full andcontinuous management authority over gray wolves in the entire state of Wyomingsubject only to federal preemption.

 

(b) This section shall not become effective until such time allclaims in U.S. District Court Docket No. 06CV-245J, brought by the state ofWyoming concerning laws passed by the Wyoming legislature and found at 2003Wyoming Session Laws, Chapter 115, have been resolved by a final order issuedby the federal district court for the district of Wyoming and that order is nolonger subject to potential or ongoing appeal to any federal appellate court withjurisdiction over the district court decision, or until such claims have beensettled by the state of Wyoming and all federal agencies which may be party tothat action.

 

(c) On and after February 29, 2008, this section shall not beeffective if the United States fish and wildlife service has not:

 

(i) Published a final rule delisting gray wolves in the mannerspecified in W.S. 23-1-108 in the entire state of Wyoming; and

 

(ii) Either:

 

(A) Published a final rule modifying existing 10(j) rules,under 50 C.F.R. 17.84, governing management of wolves as an experimentalnonessential population, which provides for management of wolves wherepredation is causing unacceptable impacts to wild ungulate herds and whichaddresses wolf-wild ungulate conflicts occurring at state operated feedgrounds;or

 

(B) Executed an agreement with the state of Wyoming whichprovides adequate protection for Wyoming's wild ungulates. The determinationof adequate protection shall be made by certification of the governor as providedin subsection (f) of this section, if necessary to determine whether thissection is effective. In making the determination of adequate protection thegovernor shall consult with the Wyoming game and fish commission.

 

(d) For purposes of this section, a wild ungulate herd may beexperiencing unacceptable impacts from wolf predation where the herd hasdeclined below population objectives or is in danger of doing so and:

 

(i) The wild ungulate herd in question is located within atleast a portion of the home range of a documented wolf pack;

 

(ii) The annual report of wolf population published by theUnited States fish and wildlife service provides, or the game and fishdepartment has documented, that at least fifteen (15) breeding pairs exist inthe designated trophy game area specified in W.S. 23-1-101(a)(xii)(B)(I) andall national parks within the boundaries of Wyoming; and

 

(iii) The department determines that wolf predation is having animpact on the recruitment rate of the affected wild ungulate herd and thegovernor certifies that determination as provided in subsection (f) of thissection, if necessary to determine whether this section is effective.

 

(e) For purposes of this section, wolf-wild ungulate conflictsoccurring at state operated feedgrounds shall include any situations in whichwolves:

 

(i) Cause wild ungulates to move from those feedgrounds;

 

(ii) Cause a mixing of livestock and wild ungulates; or

 

(iii) Cause wild ungulates to pose extraordinary safety hazardson state public roadways.

 

(f) The governor shall certify to the secretary of state theoccurrence of any acts which affect whether this section is effective. Theeffective date or dates of this section shall be determined upon the date eachsuch certification is made and filed with the secretary of state.

 

ARTICLE 2 - GAME AND FISH COMMISSION

 

23-1-201. Composition; appointment; terms; oath.

 

(a) The Wyoming game and fish commission is continued inexistence.

 

(b) The commission shall be composed of eight (8) membersincluding the governor as an ex officio member. Not more than four (4) of theseven (7) appointed commissioners shall be of the same political party, and allappointed commissioners shall have a general knowledge of wildlife and wildlifepropagation, management, and control.

 

(c) Commencing in 1973, a commissioner shall be appointed fromeach appointment district pursuant to W.S. 9-1-218.

 

(d) Commissioners shall be appointed by the governor with theadvice and consent of the senate for a term of six (6) years to commence March1, except the first term for two (2) appointees shall be two (2) years and fortwo (2) appointees shall be four (4) years as designated by the governor priorto submission to the senate. Terms of current appointees are ratified andcontinued in existence until terms of new appointees under this section becomeeffective. The governor shall fill any vacancy as provided in W.S. 28-12-101.

 

(e) Each commissioner shall execute and file the oath of officeas prescribed by the Wyoming constitution with the secretary of state.

 

23-1-202. Removal of members.

 

Thegovernor may remove any commissioner as provided in W.S. 9-1-202.

 

23-1-203. Compensation and expenses.

 

Commissioners shall receive seventy-fivedollars ($75.00) per day but not more than four thousand dollars ($4,000.00)per year as salary for attendance at commission meetings and other meetingsrelated to department business in their official capacity as commissioners.Commissioners shall be reimbursed for travel and other expenses incurred inperformance of their official duties in the same manner and amount as stateemployees.

 

ARTICLE 3 - GENERAL POWERS AND DUTIES OF THE COMMISSION

 

23-1-301. Office; officers; meetings; quorum.

 

(a) The commission shall have its principal office at Cheyenne.The members of the commission shall meet during March of each year for electionof officers. Those elected shall hold office for one (1) year or until theirsuccessors are chosen. Other meetings of the commission may be held at suchtimes and places as the commission deems desirable or necessary. Unless waivedby all commissioners, the members of the commission shall be notified of thetime and place of meetings by written notice.

 

(b) A majority of the commission constitutes a quorum totransact business. The presiding officer of the commission has the authority tomaintain order in all meetings.

 

23-1-302. Powers and duties.

 

(a) The commission is directed and empowered:

 

(i) To fix season and bag limits, open, shorten or closeseasons including providing for season extensions for hunters with disabilitiesas established by commission rules and regulation, on any species or sex ofwildlife for any type of legal weapon, except predatory animals, predaciousbirds, protected animals, and protected birds, in any specified locality ofWyoming, and to give notice thereof;

 

(ii) To establish zones and areas in which trophy game animalsmay be taken as game animals with a license or in the same manner as predatoryanimals without a license, giving proper regard to the livestock and gameindustries in those particular areas;

 

(iii) To acquire lands and waters in the name of Wyoming bypurchase, lease, agreement, gift or devise, not including powers of eminentdomain, and to develop, improve, operate, and maintain the same for thefollowing purposes:

 

(A) Fish hatcheries, rearing ponds, game farms, and bird farms;

 

(B) Management of game animals, protected animals and birds,furbearing animals, game birds, fish, and their restoration, propagation, orprotection;

 

(C) Public hunting, fishing, or trapping areas as places wherethe public may hunt, trap, or fish in accordance with law.

 

(iv) To acquire easements and construct suitable access roadsleading to public lands and department lands and waters acquired pursuant toW.S. 23-1-302(a)(iii);

 

(v) To sell, exchange, lease or assign any fee ownershipinterest in any land, water, or other property heretofore or hereafteracquired;

 

(vi) To capture, propagate, transport, buy, sell, or exchangeany species of game animal, bird, fish, fish eggs, or furbearing animal neededfor propagation or stocking purposes, and to exercise control over undesirablespecies and protected species;

 

(vii) To direct the capture of any of the wildlife of Wyoming inlocalities where species are abundant and to transport and distribute anywildlife as in the judgment of the commission is for the best interests ofWyoming;

 

(viii) To authorize the chief game warden or his designee to killany wildlife in Wyoming when in the judgment of the commission the killing isnecessary or when the animals or birds are doing substantial damage toproperty. The animals or birds so killed may be sold or otherwise disposed ofwithin Wyoming;

 

(ix) To make suitable provisions for the feeding of the gameanimals, birds, and fish of Wyoming in such localities as may be deemednecessary;

 

(x) To enter into cooperative agreements with educationalinstitutions and other agencies to promote wildlife research;

 

(xi) To enter into cooperative agreements with federal agencies,corporations, associations, individuals, and landowners for the development ofstate control of wildlife management and demonstration projects;

 

(xii) To supervise the protection, management, and propagation offish and all fish culture of a public nature and the fish hatcheries now ownedor established in the future by Wyoming;

 

(xiii) To grant licenses for scientific or educational purposes tocapture, take, or ship out of Wyoming, under the supervision of the commission,such wildlife or nests or eggs of nonpredacious birds as the commission maydeem proper. The commission shall limit the number of any species so taken andestablish appropriate compensation;

 

(xiv) To prescribe the requirements and form, includingelectronic licensing format, for the licenses, stamps and tags provided for inthis act, to issue licenses, stamps and tags under the provisions of this act,including through electronic licensing, to make regulations for the sale and recordof licenses, stamps and tags, including sale by electronic licensing, and todistribute licenses, stamps, tags and electronic equipment and softwareprograms associated with electronic licensing only to persons authorized by thecommission to issue licenses, stamps or tags;

 

(xv) To require record keeping and the submission of reports ofany specified information from any type of commercial operation or businessauthorized under this act;

 

(xvi) To provide for the enforcement of this act;

 

(xvii) To provide for the employment of office and field help toadminister this act. Salaries shall be determined and fixed as provided by law;

 

(xviii) To open game preserves for hunting when they areoverstocked or a serious shortage of feed exists. These preserves shall be somanaged that they do not cause overstocking or other damage to the surroundingarea;

 

(xix) To designate as protected, game, or predatory, any speciesnot designated in W.S. 23-1-101, and to establish rules and regulationsnecessary for control of the species so designated. The designation may applyto portions of or the entire state;

 

(xx) To authorize the collection, classification, anddissemination of such statistics, data and information as in its discretionwill tend to promote the objects and purposes of this act;

 

(xxi) To establish check stations to check licenses and toestablish kill or catch reports, and to designate the location of checkstations in yearly hunting regulations;

 

(xxii) To promulgate such orders as the commission considersnecessary to carry out the intent of this act;

 

(xxiii) To create new divisions or abolish any existing divisionswithin the department as necessary to effectively administer and enforce thisact;

 

(xxiv) To approve and make public budgets and establish policy forthe department;

 

(xxv) To regulate the use of power vehicles on land owned orleased by the commission;

 

(xxvi) To regulate or prohibit the importation of exotic species,small game animals, furbearing animals, protected animals, game birds,migratory birds, protected birds, and fish into Wyoming, and to regulate andpermit the importation of big or trophy game animals into Wyoming only forexhibition purposes or for zoos;

 

(xxvii) To designate individual bison or identifiable herds ofbison as wildlife when the action is subsequently approved by the Wyominglivestock board;

 

(xxviii) To reject or to accept and expend for purposes authorizedunder this section any and all gifts of cash, stocks, bonds or any other formof monies. Gifts shall be deposited and expended as provided in W.S. 23-1-501;

 

(xxix) Afterthe date gray wolves are removed from the list of experimental nonessentialpopulation, endangered species or threatened species in Wyoming as provided byW.S. 23-1-108, to classify gray wolves as predatory or trophy game animals inaccordance with W.S. 23-1-304, and to regulate the number of gray wolves whichmay be taken under a license issued under this act or as necessary to carry outthe commission's duties under this act;

 

(xxx) To prohibit and regulate the administration of any chemicalor biological substance or physical procedure to wildlife under the managementand jurisdiction of the commission for the purpose of controlling fertility orreproduction;

 

(xxxi) To regulate and control the collection of shed antlers andhorns of big game animals for the purpose of minimizing the harassment ordisturbance of big game populations on public lands west of the ContinentalDivide any time between January 1 and May 1 of each year.

 

(b) Notwithstanding subsection (a) of this section:

 

(i) The commission shall not ban the use of lead shot except inareas where shotgun shell pellets will exceed twenty thousand (20,000) per acreas determined by sampling methods approved by the commission. Banned lead shotareas shall not exceed areas reasonably necessary for practical enforcement ofthe ban;

 

(ii) This subsection does not apply if federal regulations areadopted forcing the designation of areas in addition to those specified inparagraph (i) of this subsection as nontoxic shot zones. The commission shallnegotiate with the United States Fish and Wildlife Service to minimize theextent to which lead shot is banned.

 

(c) Repealed by Laws 1988, ch. 79, 11.

 

(d) Repealed by Laws 1988, ch. 79, 11.

 

(e) Repealed by Laws 1988, ch. 79, 11.

 

(f) Repealed by Laws 1988, ch. 79, 11.

 

(g) Repealed by Laws 1988, ch. 79, 11.

 

(h) For purposes of promoting the maintenance of wildlifehabitat and attaining wildlife management objectives pursuant to W.S. 23-1-103and in addition to duties prescribed under paragraph (a)(xiv) of this section,the commission shall promulgate rules and regulations governing the issuance ofelk, deer, antelope and turkey hunting licenses to Wyoming landowners withoutsubjection to prescribed means of competitive public issuance. Fees assessedfor licenses authorized under this subsection shall be equal to fees prescribedunder W.S. 23-2-101(j) for each species for which the license is issued.

 

(j) For the purpose of attaining and maintaining wildlifemanagement objectives, the commission may designate funds not to exceed fourpercent (4%) of all license fees under this title annually to be used formanagement and control of predator populations.

 

(k) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the commission, the commission shall notify theparty named in the court order of the withholding, suspension or restriction inaccordance with the court order. No appeal under the Wyoming AdministrativeProcedure Act shall be allowed for a license withheld, suspended or restrictedunder this subsection.

 

(m) The commission shall by rule and regulation provide for theissuance of a disabled hunter companion permit. An individual acting inaccordance with a permit issued pursuant to this subsection shall not be inviolation of any provision of this act or rule or regulation of the commissionprohibiting the taking of a game animal without a license. The permit shall:

 

(i) Upon application of a disabled licensed hunter, be issuedto an individual designated by the licensed hunter in accordance with therequirements established under this subsection;

 

(ii) Authorize the permit holder to reduce to possession anyanimal the disabled hunter has lawfully wounded or killed under authority of alicense issued under this act which he is physically incapable of pursuing;

 

(iii) Require that the licensed hunter or the permit holder tagany animal retrieved under authority of the permit, if otherwise required bythis act;

 

(iv) Be issued in accordance with commission rules andregulations specifying the physical limitations which must be met by thedisabled hunter and the requirements for the permit holder;

 

(v) Be issued for a fee established by the commission in anamount not to exceed five dollars ($5.00).

 

(n) In order to mitigate detrimental impacts to Wyoming fromwildlife species including endangered species, which have been or may beintroduced, planted or propagated in Wyoming, excluding Yellowstone NationalPark, by any federal agency, the commission shall demand reimbursement from thefederal government for damages to Wyoming wildlife and wildlife habitat causedby any species, including endangered species, introduced within Wyoming underfederal mandates or programs.

 

(o) The commission may, by rule and regulation, establish anelectronic licensing system and prescribe the manner of payment for anyelectronic payment accepted by the department. For purposes of facilitating theimplementation of an electronic licensing system, the commission may:

 

(i) Enter into agreements with the state treasurer to establishan electronic funds transfer system;

 

(ii) Permit license selling agents to authorize an electronicfunds transfer to a collection account as set forth by commission rule andregulation;

 

(iii) Charge the license selling agent an additional fee of notmore than thirty dollars ($30.00) for each nonsufficient funds debit from thelicense selling agent's account; and

 

(iv) Promulgate all other necessary rules and regulations toeffectuate electronic licensing.

 

23-1-303. Promulgation of orders; closing of hunting areas;promulgation of rules.

 

(a) All orders of the commission shall be written and theoriginal signed by the presiding officer of the commission. Copies of theorders shall be signed by facsimile signature of the presiding officer of thecommission.

 

(b) All persons authorized to sell licenses and tags shalldeliver upon request a copy of the order to each purchaser of a license or tag.

 

(c) When any commission order closes any area of land, lake, orstream from hunting or fishing, a concise description of the area, lake, orstream closed shall be posted in the manner and place determined by thecommission to be adequate notice of the closure.

 

(d) Repealed by Laws 1989, ch. 200, 2.

 

(e) Rules and regulations of the commission and departmentshall be promulgated in accordance with the provisions of the WyomingAdministrative Procedure Act.

 

23-1-304. Classification of gray wolves.

 

(a) Thecommission shall by rule and regulation establish areas within the state wheregray wolves are classified as trophy game animals and set seasons and baglimits within those areas. The areas designated, seasons and bag limits shallbe set annually in a manner the commission determines, through rule andregulation, only as necessary to reasonably ensure at least seven (7) breedingpairs of gray wolves are located in this state and primarily outside ofYellowstone National Park, Grand Teton National Park and John D. Rockefeller,Jr. Memorial Parkway at the end of the current calendar year.

 

(b) Repealed by Laws 2007, Ch. 168, 5.

 

(c) For purposesof this section "breeding pair" means an adult male and an adultfemale gray wolf raising at least two (2) pups of the year until December 31.The number of breeding pairs shall be certified by the department prior toJanuary 31 of each year.

 

(d) Thedepartment shall institute and maintain an active program of populationmonitoring statewide. Population monitoring shall include the use of globalpositioning systems and radio collaring of gray wolves, including use of aerialtracking, necessary to accurately determine the population and movement of graywolves in the state. The commission is authorized to enter into memoranda ofunderstanding with the United States fish and wildlife service or other federalagencies to fund the purchase of the necessary technology and to ensureaccurate and adequate monitoring of wolf population levels and movementsthrough global positioning systems and radio collar tracking. In all areas ofthe state, except where otherwise provided, any person who harvests a wolfshall notify the department where the harvest occurred within ten (10) days. Any information regarding the number or nature of wolves legally harvestedwithin the state of Wyoming shall only be released in its aggregate form and noinformation of a private or confidential nature shall be released without thewritten consent of the person to whom the information may refer. Informationidentifying any person legally harvesting a wolf within this state is solelyfor the use of the department or appropriate law enforcement offices and is nota public record for purposes of W.S. 16-4-201 through 16-4-205.

 

(e) Thedepartment shall actively monitor big game animal herd populations statewide todetermine whether and to what extent the gray wolf is negatively impacting biggame animal herds, and thereby hunting opportunities. To the extent permittedby this title, and notwithstanding other provisions of this title by thosemeans authorized by the commission, the department shall manage the gray wolfpopulation as necessary to ensure the long-term health and viability of any biggame animal herd that is being threatened in this state.

 

(f) This section shall apply from and after the date graywolves are removed from the list of experimental nonessential population,endangered species or threatened species in Wyoming as provided by W.S.23-1-108.

 

(g) Thecommission is authorized, through rule and regulation, to use aggressivemanagement techniques including the use of aerial hunting and hazing by thedepartment and issuance of permits to private landowners to take wolves toprotect private property including, but not limited to, livestock and otherdomesticated animals from wolf depredation.

 

(h) Within forty-eight (48) hours ofreceiving notification from a landowner or his designee that any gray wolf inthe state has harassed, injured, maimed or killed livestock or any domesticatedanimal, the department shall respond. The department may use the aggressivemanagement techniques authorized under subsection (g) of this section or anyother management methods necessary, to minimize the harassing, injuring,maiming or killing of livestock and other domesticated animals.

 

(j) At any time that there exists the numberof breeding pairs of gray wolves specified in subsection (a) of this section,the department is authorized to take any action necessary to protect big andtrophy game populations in this state from predation by gray wolves. Thedepartment shall give priority to areas where the wild ungulate herd isexperiencing unacceptable impacts from wolf predation.

 

(k) The commission is authorized to enterinto memoranda of understanding with any federal agency or other state'swildlife agency to carry out any provision of this section and Wyoming's wolfmanagement plan, including the use of aerial hunting.

 

(m) The commission shall promulgate rulesand regulations requiring lethal control of wolves harassing, injuring, maimingor killing livestock or other domesticated animals and for wolves occupyinggeographic areas where chronic wolf predation occurs. The rules andregulations shall provide that nonlethal control actions will be used if lethalcontrol could cause relisting of wolves under the endangered species act or ifrequested by the livestock or domesticated animal owner or agent.

 

(n) The commission shall promulgate rulesand regulations providing for issuance of annual permits to landowners orlivestock owners for removing wolves which are harassing, injuring, maiming orkilling livestock or other domesticated animals and for wolves occupyinggeographic areas where chronic wolf predation occurs. The permits shall beissued as long as there are seven (7) breeding pairs within the state andoutside of Yellowstone National Park, Grand Teton National Park and John D.Rockefeller, Jr. Memorial Parkway. The rules shall provide for suspending orcancelling permits if further lethal control could cause relisting of wolvesunder the endangered species act.

 

(o) The commission shall promulgate rulesand regulations establishing a fair compensation program to compensate for wolfpredation on livestock as provided in W.S. 23-1-901.

 

(p) Repealed by Laws 2008, Ch. 44, 2.

 

ARTICLE 4 - CREATION AND ORGANIZATION OF THE GAME AND FISHDEPARTMENT

 

23-1-401. Game and fish department; creation; control.

 

(a) The Wyoming game and fish department is created.

 

(b) The department is under the direction and supervision ofthe commission.

 

(c) The department consists of the director who is the chiefadministrative officer and such divisions as the commission may create.

 

23-1-402. Game and fish director; appointment; salary; term of office;qualification; duties and authority.

 

(a) The governor shall appoint a competent person as thedirector of the department as provided in W.S. 9-2-2010 at a salary determinedby the commission, not to exceed the sum set by law.

 

(b) The director shall hold office at the pleasure of thegovernor and may be removed by him as provided in W.S. 9-1-202.

 

(c) The director is the chief administrative head of thedepartment with general supervision and control of all activities, functions,and employees of the department, under the direction and supervision of thecommission. He shall devote his entire time to the performance and supervisionof the duties conferred on him by the commission and by law.

 

23-1-403. Chief fiscal officer.

 

Thecommission shall appoint a chief fiscal officer of the commission in the mannerprovided by law. The chief fiscal officer shall act as secretary of thecommission and perform such other duties as may be directed by the director. Heis removable as provided by law.

 

23-1-404. Chief game and fish wardens; division chiefs.

 

(a) The director, with the consent of the commission, shall appointa chief game warden, a chief fish warden, and any necessary division chiefs asprovided by law.

 

(b) The chief game warden, chief fish warden, and divisionchiefs shall be men of knowledge and experience in the fields administered bytheir respective divisions, shall be the administrative head of theirrespective divisions, shall have administrative supervision of all activitiesand personnel of their respective divisions subject to the approval of thedirector, and shall devote their entire time to the service of the state indischarge of their official duties as provided by law and as prescribed by thecommission. They are removable as provided by law.

 

23-1-405. Game wardens; appointment based on competitive examination;investigation; removal.

 

Allappointments of game wardens shall be based on competitive examinations.Applicants shall be knowledgeable of wildlife, and of the duties andresponsibilities of game wardens. The commission shall provide for theinvestigation of the qualifications of each applicant. Examinations shall beheld at selected points throughout Wyoming. Game wardens are removable asprovided by law.

 

23-1-406. Repealed by Laws 1985, ch. 36, 1.

 

ARTICLE 5 - FINANCE

 

23-1-501. Game and fish fund.

 

(a) The Wyoming game and fish fund is continued in existence.

 

(b) All income received by the commission or department shallbe deposited in the state treasury and credited to the Wyoming game and fishfund. The commission may establish accounts within the fund to carry out the purposesof this act, in addition to those accounts established by law. The Wyoming gameand fish fund shall be expended as the commission may direct to carry out thepurposes of this act and for no other purpose, except that the legislature mayappropriate so much thereof as necessary for expenses of any authorizedlegislative committee to study matters relating to the commission ordepartment. Expenditures from the Wyoming game and fish fund shall be made onlyby warrant issued by the state auditor upon vouchers signed by the director andchief fiscal officer, or other persons designated by the commission to sign intheir absence, substantiated and approved as provided by law.

 

(c) An account within the Wyoming game and fish fund iscreated. Revenues collected from the sale of licenses under W.S.23-2-101(j)(vii) and (viii) and 23-2-201(d)(viii) shall be deposited within theaccount. The commission may annually transfer into the fund from the account anamount not to exceed six percent (6%) of the total account balance.

 

(d) A trust account within the Wyoming game and fish fund iscreated. Gifts accepted by the commission as provided under W.S.23-1-302(a)(xxviii) shall be deposited within the account. The commission shallmaintain a public record of each donor and the amount of the gift. Thecommission may make expenditures from the account for any purpose for which thecommission is authorized by law to expend funds, subject to any restrictions orconditions placed on the gift by the donor. The commission shall maintain apublic record of the amount of each expenditure from the account and thepurpose for the expenditure.

 

(e) An account within the game and fish fund is created.Revenues collected under W.S. 23-2-101(n), 23-2-201(e) and as specified underW.S. 23-2-306(a) and (b) shall be deposited within the account. The commissionshall use revenues in the account to purchase access easements to provideaccess to public and private lands. The commission shall notify in writing theappropriate boards of county commissioners before purchasing any accesseasements under this subsection. In addition and on or before February 1 ofeach year, the commission shall annually report to the legislature on easementspurchased pursuant to this subsection during the preceding fiscal year.

 

(f) A trust account separate and apart from the trust accountestablished under subsection (d) of this section is created within the Wyominggame and fish fund. The account shall consist of those funds appropriated ordesignated to the account by law or by gift from whatever source. Fundsdeposited within the account are intended to be inviolate and constitute apermanent or perpetual trust account which shall be invested by the statetreasurer as authorized under W.S. 9-4-715(a), (d) and (e) and in a manner toobtain the highest return possible consistent with preservation of the accountcorpus. Any interest earned from investment of the account corpus shall becredited by the state treasurer into the Wyoming game and fish fund to beexpended by the commission for purposes specified under subsection (b) of thissection.

 

(g) An account within the game and fish fund is created. Revenues received pursuant to W.S. 23-4-204 shall be credited to the accountand are continuously appropriated to the commission to be expended for theprevention, surveillance, containment and direct and indirect costs associatedwith the administration of the aquatic invasive species program created underchapter 4, article 2 of this act.

 

23-1-502. Financial policy; budget; fiscal year; debts.

 

(a) Except as provided in subsection (d) of this section, thecommission shall govern its financial policies, subject to the written approvalof its budgets by the governor. The commission shall fix the budgets for theoperation and maintenance of the department and its divisions for each fiscalyear at its first stated meeting of each fiscal year, and shall submit itsbudget estimates for the following fiscal year as provided by W.S. 9-2-1012.

 

(b) Repealed By Laws 2009, Ch. 90, 3.

 

(c) The commission shall not contract any debt, debts, orobligations in excess of twenty percent (20%) of its anticipated revenue forthe ensuing year. Any debt created by the commission shall only be paid fromthe game and fish fund and shall be paid in full within two (2) years from thedate it is contracted.

 

(d) The commission shall prepare a separate budget requestinggeneral funds to implement and maintain its sensitive species and nongameprograms and shall submit that budget for review, recommendation and approvalas provided in W.S. 9-2-1010 through 9-2-1014.1. Any funds appropriated by thelegislature which are specified for these pr


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title23 > Chapter1

CHAPTER 1 - ADMINISTRATION

 

ARTICLE 1 - GENERAL PROVISIONS

 

23-1-101. Definitions of wildlife.

 

(a) As used in this act:

 

(i) "Big game animal" means antelope, bighorn sheep,deer, elk, moose or mountain goat;

 

(ii) "Exotic species" means any wild animals,including amphibians, reptiles, mollusks, crustaceans or birds not found in awild, free or unconfined status in Wyoming;

 

(iii) "Furbearing animal" means badger, beaver,bobcat, marten, mink, muskrat or weasel;

 

(iv) "Game bird" means grouse, partridge, pheasant,ptarmigan, quail, wild turkey and migratory game birds;

 

(v) "Game fish" means bass, catfish, crappie,grayling, ling, northern pike, perch, salmon, sauger, sunfish, trout, walleyeor whitefish;

 

(vi) "Migratory game bird" means all migratory gamebirds defined and protected under federal law;

 

(vii) "Predacious bird" means English sparrow andstarling;

 

(viii) "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(xii)(B)(I) of this subsection;

 

(II) Classifiedas a trophy game animal by the commission pursuant to W.S. 23-1-304(a).

 

(ix) "Protected animal" means black-footed ferret,fisher, lynx, otter, pika or wolverine;

 

(x) "Protected bird" means migratory birds asdefined and protected under federal law;

 

(xi) "Small game animal" means cottontail rabbit orsnowshoe hare, and fox, grey and red squirrels;

 

(xii) "Trophy game animal" means:

 

(A) Black bear, grizzly bear or mountain lion; and

 

(B) From and after the date gray wolves are removed from 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 thecommission if the commission determines the diminution does not impede thedelisting of gray wolves and will facilitate Wyoming's management 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 commissionpursuant to W.S. 23-1-304(a).

 

(xiii) "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 withinWyoming.

 

(b) To the extent necessary to achieve federal governmentdelisting of the gray wolf, the governor may direct the game and fishcommission to adopt a boundary between the area in which the wolf is treated asa trophy game animal and the area where it is treated as a predator at any placebetween the area described in subdivision (a)(xii)(B)(I) of this section andthe following described area: northwest Wyoming beginning at the junction ofWyoming Highway 120 and the Wyoming-Montana state line; southerly along WyomingHighway 120 to the Greybull River; southwesterly up said river to the WoodRiver; southwesterly up said river to the Shoshone National Forest boundary;southerly along said boundary to the Wind River Indian Reservation boundary;westerly, then southerly along said boundary to the Continental Divide;southeasterly along said divide to the Middle Fork of Boulder Creek; westerlydown said creek to Boulder Creek; westerly down said creek to the Bridger-TetonNational Forest boundary; northwesterly along said boundary to its intersectionwith U.S. Highway 189-191; northwesterly along said highway to the intersectionwith U.S. Highway 26-89-191; northerly along said highway to Wyoming Highway 22in the town of Jackson; westerly along said highway to the Wyoming-Idaho stateline; north along said state line to the Wyoming-Montana state line; north,then east along said state line to Wyoming Highway 120. Any boundary changeadopted pursuant to this subsection shall be certified and effective asprovided in W.S. 23-1-109(f).

 

23-1-102. General definitions.

 

(a) As used in this act:

 

(i) "Commission" means the game and fish commissionof Wyoming;

 

(ii) "Commissioner" means a member of the commission;

 

(iii) "Department" means the Wyoming game and fishdepartment;

 

(iv) "Director" means the director of the department;

 

(v) "Orders" means orders, rules and regulations;

 

(vi) "License" means license or permit;

 

(vii) "Take" means hunt, pursue, catch, capture, shoot,fish, seine, trap, kill, or possess, or attempt to hunt, pursue, catch,capture, shoot, fish, seine, trap, kill, or possess;

 

(viii) "Person" means an individual, partnership,corporation, company, any other type of association, and any agent or officerof any partnership, corporation, company, or other type of association;

 

(ix) "Resident" means a United States citizen or legalalien who meets the requirements specified in W.S. 23-1-107 and rules of thecommission;

 

(x) "Nonresident" means any person not a resident;

 

(xi) "State" means the state of Wyoming unlessotherwise indicated;

 

(xii) The singular includes the plural, the plural the singular,and the masculine the feminine or neuter when consistent with the intent ofthis act and necessary to effect its purpose;

 

(xiii) "This act" means W.S. 23-1-101 through 23-6-208and any future amendments thereto;

 

(xiv) "Commercial operation or business" meansprofessional guides, outfitters, fur dealers, domesticators of furbearinganimals, tanners, taxidermists, game bird farms, fishing preserves, commercialfish hatcheries, seiners, or dealers in live bait;

 

(xv) "Domicile" means that place where a person hashis true, fixed and permanent home to which whenever the person is temporarilyabsent the person has the intention of returning. To prove domicile in Wyomingunder this act a person shall be able to establish that he:

 

(A) Physically resides in Wyoming;

 

(B) Has made his permanent home in Wyoming;

 

(C) Is not residing in Wyoming for a special or temporarypurpose; and

 

(D) Has abandoned his domicile in all other states, territoriesor countries.

 

(xvi) "Livestock" means horses, mules and asses,rabbits, llamas, cattle, swine, sheep, goats, poultry, or other animalgenerally used for food or in the production of food or fiber, and guardanimals actively engaged in the protection of livestock. Bison are consideredlivestock unless otherwise designated by the Wyoming livestock board and thecommission;

 

(xvii) "Home of record" means the place recorded, onmilitary form DD 214, as the home of the individual at the time he enlisted,was commissioned or initially ordered to active duty in the military. The homeof record may be changed only if there has been a break in service of one (1)full day;

 

(xviii) "Electronic licensing" means a system for theissuance of licenses, stamps and tags as an alternative to issuing originalpaper licenses, stamps and tags. An electronic licensing system is a system inwhich the license, stamp or tag, or authorization therefor, is received througha point of sale terminal or through a computer.

 

23-1-103. Ownership of wildlife; purpose of provisions.

 

For the purpose of this act, all wildlifein Wyoming is the property of the state. It is the purpose of this act and thepolicy of the state to provide an adequate and flexible system for control,propagation, management, protection and regulation of all Wyoming wildlife.There shall be no private ownership of live animals classified in this act asbig or trophy game animals or of any wolf or wolf hybrid.

 

23-1-104. Federal game preserves also state preserves.

 

Allfederal game preserves and sanctuaries now existing, or hereafter created, arestate game animal, bird and fish preserves for the purposes of this act.

 

23-1-105. Migratory bird refuge in Seedskadee area.

 

(a) The state consents to the acquisition by the United Statesby purchase, gift, devise, or lease of land or land covered by water in theamount of twenty thousand (20,000) acres in the Seedskadee area in Sweetwatercounty where approved by the commission and the state land board. Theacquisition shall be as the United States may deem necessary for theestablishment and maintenance of migratory bird refuges in accordance with andfor the purposes of the act of congress approved February 18, 1929 entitled "MigratoryBird Conservation Act," 16 U.S.C. 715 through 715s, and amendmentsthereto, and the act of congress entitled "Migratory Bird Hunting StampAct," 16 U.S.C. 718 through 718k and amendments thereto.

 

(b) The land or land under water may be used by the UnitedStates as refuge for migratory birds. Wyoming reserves full and completejurisdiction and authority over all such areas not incompatible with theadministration, maintenance, protection, and control of the areas by the UnitedStates under the terms of the acts of congress stated herein. If the land orland under water is purchased by the United States, the deed shall contain aclause that in the event the land or land under water ceases to be used as amigratory bird refuge, it shall revert to the state.

 

(c) The owner of any land to be acquired under this section isentitled to reserve all oil, gas, coal or other minerals owned by him in orupon the land together with the right to enter upon the land for exploration,development, and production of oil, gas, coal, or other minerals.

 

23-1-106. Migratory bird refuge in Bear river area.

 

(a) Subject to acceptance by the United States fish andwildlife service of the provisions contained in this section, the stateconsents to the acquisition by the United States by purchase, gift, devise orlease of land or land covered by water in the amount of twenty-seven thousand(27,000) acres along the Bear river or in the Bear river area in Lincolncounty. The acquisition shall be as the United States may deem necessary forthe establishment and maintenance of migratory bird refuges in accordance withand for the purposes of the act of congress approved February 18, 1929 entitled"Migratory Bird Conservation Act", 16 U.S.C. 715 through 715s, P.L.70-770, the act of congress approved March 16, 1934 entitled "MigratoryBird Hunting Stamp Act", 16 U.S.C. 718 through 718k, and the act ofcongress approved September 3, 1964 entitled "Land and Water ConservationFund Act of 1965", 16 U.S.C. 460l-4-460l-11, P.L. 88-578, as these actsare amended as of January 1, 1989. Wyoming reserves full and completejurisdiction and authority over all such areas not incompatible with theadministration, maintenance, protection and control of the areas by the UnitedStates under the acts of congress specified in this subsection except asprovided in subsection (d) of this section.

 

(b) The acquisition of land or interests in land shall beconducted on a willing seller-willing buyer basis and eminent domain shall notbe utilized as a land acquisition method except where a landowner and theUnited States mutually agree in writing to a quiet title action. Unlessotherwise negotiated in any arms-length agreements, an owner of land or landunder water to be acquired under this section is entitled to reserve all oil,gas, coal or other minerals owned by him in or upon the land together with theright to enter upon the land for exploration, development and production ofoil, gas, coal or other minerals.

 

(c) The board of land commissioners is authorized to enter intoagreements to sell, lease or otherwise negotiate interests in state land withthe United States. State-owned land or land under water located within theproject may be purchased or leased by the United States as a refuge formigratory birds, except that oil, gas, coal and other minerals shall bereserved by the state. If any state-leased land or land under water ceases tobe used as a migratory bird refuge, the lease shall be cancelled and theinterests reverted to the state.

 

(d) Consent to the acquisition of land by the United States forthe purpose of this section is conditioned upon the United States executingappropriate agreements with the state engineer which state:

 

(i) The United States shall comply with state water law,including the amended Bear River Compact and rules and regulations of the stateengineer and the state board of control, in acquiring and exercising waterrights for any and all beneficial uses related to the refuge;

 

(ii) No rights to use of water shall be implied by the creationof the refuge, and nothing in this section shall be construed as establishing areserved water right for the United States;

 

(iii) No water rights shall be condemned to provide water for therefuge; and

 

(iv) Historic use practices shall be addressed.

 

(e) Consent of the state for acquisition of land under thissection shall not be interpreted as consent to the development of the refuge.

 

23-1-107. Residency for obtaining game and fish licenses.

 

(a) Except as otherwise provided in this section, to qualifyfor any resident game and fish license, preference point, permit or tag issuedunder this act, a person shall be domiciled in Wyoming for not less than one(1) full year immediately preceding the date the person applies for thelicense, preference point, permit or tag and shall not have claimed residencyin any other state, territory or country for any purpose during that one (1)year period.

 

(b) Each person applying for a license, preference point, permitor tag under this act shall establish his own residency status independently oras provided in this subsection or subsection (g) of this section. A minordependent shall qualify as a resident if:

 

(i) His custodial parent qualifies as a resident under thisact; or

 

(ii) His noncustodial parent qualifies as a resident under thisact and the minor is or will be residing in this state with the noncustodialparent during any portion of the calendar year in which the license, permit orstamp is to be used or in the case of a preference point the calendar year inwhich the preference point is to be accumulated.

 

(c) A person other than a minor dependent qualifying undersubsection (b) of this section, shall lose his residency in Wyoming if he movesto another state, territory or country and makes it his domicile, or makes anyclaim of residency for any purpose to that state, territory or country. Provided he does not claim residency in any other state, territory or countryfor any purpose, a person shall not gain or lose residency in Wyoming merely byreason of his presence in or absence from the state while:

 

(i) Temporarily employed in the service of the United States;

 

(ii) A patient at a hospital or institution; or

 

(iii) Serving full time for a period not to exceed four (4) yearsin an established volunteer service program for religious, charitable orhumanitarian purposes.

 

(d) A person shall lose his residency in Wyoming if he residesin any other state, territory or country for an aggregate of one hundred eighty(180) days or more in a calendar year, unless he qualifies as a resident undersubsection (b), (c), (e) or (f) of this section. A person who resides in anyother state, territory or country other than Wyoming, for less than an aggregateof one hundred eighty (180) days in a calendar year, may maintain residency inWyoming under this act only if he qualifies as a resident under subsection (b),(c), (e) or (f) of this section or if:

 

(i) The person had originally established residency by beingdomiciled for one (1) full year in Wyoming prior to leaving the state for atemporary purpose;

 

(ii) The person's domicile or established, fixed and permanenthome consists of real property situated in Wyoming. A mailing address is notsufficient evidence of domicile or a permanent home. Mere ownership of realproperty is not sufficient evidence to establish domiciliary intent;

 

(iii) The person is absent from Wyoming on a temporary basis andhas the intention of returning to the state; and

 

(iv) The person makes no claim for residency in any other state,territory or country for any purpose during the time the person is absent fromWyoming.

 

(e) A person may remain a Wyoming resident while attendingschool in another state, territory or country if:

 

(i) The person does not pay resident tuition fees; and

 

(ii) The person continues to maintain Wyoming residency and doesnot claim residency in any other state, territory or country for any purpose.

 

(f) Any active duty member of the armed forces of the UnitedStates who has been stationed in Wyoming for ninety (90) days shall qualify asa resident under this section so long as the member remains stationed inWyoming. Any person serving in active military duty in any other state,territory or country, may maintain resident status if the person:

 

(i) Is not a civilian employee of the military;

 

(ii) Makes no claim of residency in any other state, territoryor country for any purpose; and

 

(iii) Was a resident of Wyoming when he entered the military serviceand Wyoming remains his declared home of record or the person:

 

(A) Makes no current claim of residency in any other state,territory or country for any purpose;

 

(B) Has established his home of record in Wyoming; and

 

(C) Has maintained his voter registration in Wyoming.

 

(g) The spouse and minor dependents of a person qualifying as aresident under subsection (f) of this section shall qualify as resident for thesame periods unless they have made a claim of residency in any other state,territory or country for any purposes during those periods.

 

(h) An applicant shall provide proof of residency and swear toan oath of residency when making application for, or attempting to purchase, aresident license, preference point, permit or tag under this act. Licenseselling agents and the department shall consider as documentary evidence ofresidency any of the following:

 

(i) A Wyoming driver's license, identification card issuedunder title 31 of the Wyoming statutes, or a copy thereof;

 

(ii) A copy of the applicant's school records or military formDD 214, which indicates Wyoming as the applicant's domicile and home of record;

 

(iii) A proof of residency statement on a form provided by thedepartment that has been completed and signed by the applicant. Any active dutymember of the armed forces, his spouse or minor dependent of the active dutymember making application for or purchasing a resident license, preferencepoint, permit or tag shall be required to complete and submit the proof ofresidency statement; or

 

(iv) A minor dependent may use as proof of residency thedocumentary evidence of his parent or legal guardian.

 

(j) The commission may promulgate rules and regulations inaccordance with the Wyoming Administrative Procedure Act to ensure that onlybona fide Wyoming residents as defined in this act are issued resident game andfish licenses, preference points, permits and tags.

 

23-1-108. Delisting of gray wolves as experimental, nonessentialpopulation, endangered species or threatened species.

 

Gray wolves shall be deemed removed fromthe list of experimental nonessential population, endangered species orthreatened species in Wyoming upon final publication in the Federal Register byappropriate federal agencies removing the gray wolf from all listings as anexperimental nonessential population, endangered species or threatened speciesin Wyoming.

 

23-1-109. State management of gray wolves.

 

(a) Subject to subsections (b) and (c) of this section, thissection shall become effective after the date that gray wolves are removed fromthe list of experimental nonessential population, endangered species orthreatened species in Wyoming, and Wyoming has legal right to exercise full andcontinuous management authority over gray wolves in the entire state of Wyomingsubject only to federal preemption.

 

(b) This section shall not become effective until such time allclaims in U.S. District Court Docket No. 06CV-245J, brought by the state ofWyoming concerning laws passed by the Wyoming legislature and found at 2003Wyoming Session Laws, Chapter 115, have been resolved by a final order issuedby the federal district court for the district of Wyoming and that order is nolonger subject to potential or ongoing appeal to any federal appellate court withjurisdiction over the district court decision, or until such claims have beensettled by the state of Wyoming and all federal agencies which may be party tothat action.

 

(c) On and after February 29, 2008, this section shall not beeffective if the United States fish and wildlife service has not:

 

(i) Published a final rule delisting gray wolves in the mannerspecified in W.S. 23-1-108 in the entire state of Wyoming; and

 

(ii) Either:

 

(A) Published a final rule modifying existing 10(j) rules,under 50 C.F.R. 17.84, governing management of wolves as an experimentalnonessential population, which provides for management of wolves wherepredation is causing unacceptable impacts to wild ungulate herds and whichaddresses wolf-wild ungulate conflicts occurring at state operated feedgrounds;or

 

(B) Executed an agreement with the state of Wyoming whichprovides adequate protection for Wyoming's wild ungulates. The determinationof adequate protection shall be made by certification of the governor as providedin subsection (f) of this section, if necessary to determine whether thissection is effective. In making the determination of adequate protection thegovernor shall consult with the Wyoming game and fish commission.

 

(d) For purposes of this section, a wild ungulate herd may beexperiencing unacceptable impacts from wolf predation where the herd hasdeclined below population objectives or is in danger of doing so and:

 

(i) The wild ungulate herd in question is located within atleast a portion of the home range of a documented wolf pack;

 

(ii) The annual report of wolf population published by theUnited States fish and wildlife service provides, or the game and fishdepartment has documented, that at least fifteen (15) breeding pairs exist inthe designated trophy game area specified in W.S. 23-1-101(a)(xii)(B)(I) andall national parks within the boundaries of Wyoming; and

 

(iii) The department determines that wolf predation is having animpact on the recruitment rate of the affected wild ungulate herd and thegovernor certifies that determination as provided in subsection (f) of thissection, if necessary to determine whether this section is effective.

 

(e) For purposes of this section, wolf-wild ungulate conflictsoccurring at state operated feedgrounds shall include any situations in whichwolves:

 

(i) Cause wild ungulates to move from those feedgrounds;

 

(ii) Cause a mixing of livestock and wild ungulates; or

 

(iii) Cause wild ungulates to pose extraordinary safety hazardson state public roadways.

 

(f) The governor shall certify to the secretary of state theoccurrence of any acts which affect whether this section is effective. Theeffective date or dates of this section shall be determined upon the date eachsuch certification is made and filed with the secretary of state.

 

ARTICLE 2 - GAME AND FISH COMMISSION

 

23-1-201. Composition; appointment; terms; oath.

 

(a) The Wyoming game and fish commission is continued inexistence.

 

(b) The commission shall be composed of eight (8) membersincluding the governor as an ex officio member. Not more than four (4) of theseven (7) appointed commissioners shall be of the same political party, and allappointed commissioners shall have a general knowledge of wildlife and wildlifepropagation, management, and control.

 

(c) Commencing in 1973, a commissioner shall be appointed fromeach appointment district pursuant to W.S. 9-1-218.

 

(d) Commissioners shall be appointed by the governor with theadvice and consent of the senate for a term of six (6) years to commence March1, except the first term for two (2) appointees shall be two (2) years and fortwo (2) appointees shall be four (4) years as designated by the governor priorto submission to the senate. Terms of current appointees are ratified andcontinued in existence until terms of new appointees under this section becomeeffective. The governor shall fill any vacancy as provided in W.S. 28-12-101.

 

(e) Each commissioner shall execute and file the oath of officeas prescribed by the Wyoming constitution with the secretary of state.

 

23-1-202. Removal of members.

 

Thegovernor may remove any commissioner as provided in W.S. 9-1-202.

 

23-1-203. Compensation and expenses.

 

Commissioners shall receive seventy-fivedollars ($75.00) per day but not more than four thousand dollars ($4,000.00)per year as salary for attendance at commission meetings and other meetingsrelated to department business in their official capacity as commissioners.Commissioners shall be reimbursed for travel and other expenses incurred inperformance of their official duties in the same manner and amount as stateemployees.

 

ARTICLE 3 - GENERAL POWERS AND DUTIES OF THE COMMISSION

 

23-1-301. Office; officers; meetings; quorum.

 

(a) The commission shall have its principal office at Cheyenne.The members of the commission shall meet during March of each year for electionof officers. Those elected shall hold office for one (1) year or until theirsuccessors are chosen. Other meetings of the commission may be held at suchtimes and places as the commission deems desirable or necessary. Unless waivedby all commissioners, the members of the commission shall be notified of thetime and place of meetings by written notice.

 

(b) A majority of the commission constitutes a quorum totransact business. The presiding officer of the commission has the authority tomaintain order in all meetings.

 

23-1-302. Powers and duties.

 

(a) The commission is directed and empowered:

 

(i) To fix season and bag limits, open, shorten or closeseasons including providing for season extensions for hunters with disabilitiesas established by commission rules and regulation, on any species or sex ofwildlife for any type of legal weapon, except predatory animals, predaciousbirds, protected animals, and protected birds, in any specified locality ofWyoming, and to give notice thereof;

 

(ii) To establish zones and areas in which trophy game animalsmay be taken as game animals with a license or in the same manner as predatoryanimals without a license, giving proper regard to the livestock and gameindustries in those particular areas;

 

(iii) To acquire lands and waters in the name of Wyoming bypurchase, lease, agreement, gift or devise, not including powers of eminentdomain, and to develop, improve, operate, and maintain the same for thefollowing purposes:

 

(A) Fish hatcheries, rearing ponds, game farms, and bird farms;

 

(B) Management of game animals, protected animals and birds,furbearing animals, game birds, fish, and their restoration, propagation, orprotection;

 

(C) Public hunting, fishing, or trapping areas as places wherethe public may hunt, trap, or fish in accordance with law.

 

(iv) To acquire easements and construct suitable access roadsleading to public lands and department lands and waters acquired pursuant toW.S. 23-1-302(a)(iii);

 

(v) To sell, exchange, lease or assign any fee ownershipinterest in any land, water, or other property heretofore or hereafteracquired;

 

(vi) To capture, propagate, transport, buy, sell, or exchangeany species of game animal, bird, fish, fish eggs, or furbearing animal neededfor propagation or stocking purposes, and to exercise control over undesirablespecies and protected species;

 

(vii) To direct the capture of any of the wildlife of Wyoming inlocalities where species are abundant and to transport and distribute anywildlife as in the judgment of the commission is for the best interests ofWyoming;

 

(viii) To authorize the chief game warden or his designee to killany wildlife in Wyoming when in the judgment of the commission the killing isnecessary or when the animals or birds are doing substantial damage toproperty. The animals or birds so killed may be sold or otherwise disposed ofwithin Wyoming;

 

(ix) To make suitable provisions for the feeding of the gameanimals, birds, and fish of Wyoming in such localities as may be deemednecessary;

 

(x) To enter into cooperative agreements with educationalinstitutions and other agencies to promote wildlife research;

 

(xi) To enter into cooperative agreements with federal agencies,corporations, associations, individuals, and landowners for the development ofstate control of wildlife management and demonstration projects;

 

(xii) To supervise the protection, management, and propagation offish and all fish culture of a public nature and the fish hatcheries now ownedor established in the future by Wyoming;

 

(xiii) To grant licenses for scientific or educational purposes tocapture, take, or ship out of Wyoming, under the supervision of the commission,such wildlife or nests or eggs of nonpredacious birds as the commission maydeem proper. The commission shall limit the number of any species so taken andestablish appropriate compensation;

 

(xiv) To prescribe the requirements and form, includingelectronic licensing format, for the licenses, stamps and tags provided for inthis act, to issue licenses, stamps and tags under the provisions of this act,including through electronic licensing, to make regulations for the sale and recordof licenses, stamps and tags, including sale by electronic licensing, and todistribute licenses, stamps, tags and electronic equipment and softwareprograms associated with electronic licensing only to persons authorized by thecommission to issue licenses, stamps or tags;

 

(xv) To require record keeping and the submission of reports ofany specified information from any type of commercial operation or businessauthorized under this act;

 

(xvi) To provide for the enforcement of this act;

 

(xvii) To provide for the employment of office and field help toadminister this act. Salaries shall be determined and fixed as provided by law;

 

(xviii) To open game preserves for hunting when they areoverstocked or a serious shortage of feed exists. These preserves shall be somanaged that they do not cause overstocking or other damage to the surroundingarea;

 

(xix) To designate as protected, game, or predatory, any speciesnot designated in W.S. 23-1-101, and to establish rules and regulationsnecessary for control of the species so designated. The designation may applyto portions of or the entire state;

 

(xx) To authorize the collection, classification, anddissemination of such statistics, data and information as in its discretionwill tend to promote the objects and purposes of this act;

 

(xxi) To establish check stations to check licenses and toestablish kill or catch reports, and to designate the location of checkstations in yearly hunting regulations;

 

(xxii) To promulgate such orders as the commission considersnecessary to carry out the intent of this act;

 

(xxiii) To create new divisions or abolish any existing divisionswithin the department as necessary to effectively administer and enforce thisact;

 

(xxiv) To approve and make public budgets and establish policy forthe department;

 

(xxv) To regulate the use of power vehicles on land owned orleased by the commission;

 

(xxvi) To regulate or prohibit the importation of exotic species,small game animals, furbearing animals, protected animals, game birds,migratory birds, protected birds, and fish into Wyoming, and to regulate andpermit the importation of big or trophy game animals into Wyoming only forexhibition purposes or for zoos;

 

(xxvii) To designate individual bison or identifiable herds ofbison as wildlife when the action is subsequently approved by the Wyominglivestock board;

 

(xxviii) To reject or to accept and expend for purposes authorizedunder this section any and all gifts of cash, stocks, bonds or any other formof monies. Gifts shall be deposited and expended as provided in W.S. 23-1-501;

 

(xxix) Afterthe date gray wolves are removed from the list of experimental nonessentialpopulation, endangered species or threatened species in Wyoming as provided byW.S. 23-1-108, to classify gray wolves as predatory or trophy game animals inaccordance with W.S. 23-1-304, and to regulate the number of gray wolves whichmay be taken under a license issued under this act or as necessary to carry outthe commission's duties under this act;

 

(xxx) To prohibit and regulate the administration of any chemicalor biological substance or physical procedure to wildlife under the managementand jurisdiction of the commission for the purpose of controlling fertility orreproduction;

 

(xxxi) To regulate and control the collection of shed antlers andhorns of big game animals for the purpose of minimizing the harassment ordisturbance of big game populations on public lands west of the ContinentalDivide any time between January 1 and May 1 of each year.

 

(b) Notwithstanding subsection (a) of this section:

 

(i) The commission shall not ban the use of lead shot except inareas where shotgun shell pellets will exceed twenty thousand (20,000) per acreas determined by sampling methods approved by the commission. Banned lead shotareas shall not exceed areas reasonably necessary for practical enforcement ofthe ban;

 

(ii) This subsection does not apply if federal regulations areadopted forcing the designation of areas in addition to those specified inparagraph (i) of this subsection as nontoxic shot zones. The commission shallnegotiate with the United States Fish and Wildlife Service to minimize theextent to which lead shot is banned.

 

(c) Repealed by Laws 1988, ch. 79, 11.

 

(d) Repealed by Laws 1988, ch. 79, 11.

 

(e) Repealed by Laws 1988, ch. 79, 11.

 

(f) Repealed by Laws 1988, ch. 79, 11.

 

(g) Repealed by Laws 1988, ch. 79, 11.

 

(h) For purposes of promoting the maintenance of wildlifehabitat and attaining wildlife management objectives pursuant to W.S. 23-1-103and in addition to duties prescribed under paragraph (a)(xiv) of this section,the commission shall promulgate rules and regulations governing the issuance ofelk, deer, antelope and turkey hunting licenses to Wyoming landowners withoutsubjection to prescribed means of competitive public issuance. Fees assessedfor licenses authorized under this subsection shall be equal to fees prescribedunder W.S. 23-2-101(j) for each species for which the license is issued.

 

(j) For the purpose of attaining and maintaining wildlifemanagement objectives, the commission may designate funds not to exceed fourpercent (4%) of all license fees under this title annually to be used formanagement and control of predator populations.

 

(k) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the commission, the commission shall notify theparty named in the court order of the withholding, suspension or restriction inaccordance with the court order. No appeal under the Wyoming AdministrativeProcedure Act shall be allowed for a license withheld, suspended or restrictedunder this subsection.

 

(m) The commission shall by rule and regulation provide for theissuance of a disabled hunter companion permit. An individual acting inaccordance with a permit issued pursuant to this subsection shall not be inviolation of any provision of this act or rule or regulation of the commissionprohibiting the taking of a game animal without a license. The permit shall:

 

(i) Upon application of a disabled licensed hunter, be issuedto an individual designated by the licensed hunter in accordance with therequirements established under this subsection;

 

(ii) Authorize the permit holder to reduce to possession anyanimal the disabled hunter has lawfully wounded or killed under authority of alicense issued under this act which he is physically incapable of pursuing;

 

(iii) Require that the licensed hunter or the permit holder tagany animal retrieved under authority of the permit, if otherwise required bythis act;

 

(iv) Be issued in accordance with commission rules andregulations specifying the physical limitations which must be met by thedisabled hunter and the requirements for the permit holder;

 

(v) Be issued for a fee established by the commission in anamount not to exceed five dollars ($5.00).

 

(n) In order to mitigate detrimental impacts to Wyoming fromwildlife species including endangered species, which have been or may beintroduced, planted or propagated in Wyoming, excluding Yellowstone NationalPark, by any federal agency, the commission shall demand reimbursement from thefederal government for damages to Wyoming wildlife and wildlife habitat causedby any species, including endangered species, introduced within Wyoming underfederal mandates or programs.

 

(o) The commission may, by rule and regulation, establish anelectronic licensing system and prescribe the manner of payment for anyelectronic payment accepted by the department. For purposes of facilitating theimplementation of an electronic licensing system, the commission may:

 

(i) Enter into agreements with the state treasurer to establishan electronic funds transfer system;

 

(ii) Permit license selling agents to authorize an electronicfunds transfer to a collection account as set forth by commission rule andregulation;

 

(iii) Charge the license selling agent an additional fee of notmore than thirty dollars ($30.00) for each nonsufficient funds debit from thelicense selling agent's account; and

 

(iv) Promulgate all other necessary rules and regulations toeffectuate electronic licensing.

 

23-1-303. Promulgation of orders; closing of hunting areas;promulgation of rules.

 

(a) All orders of the commission shall be written and theoriginal signed by the presiding officer of the commission. Copies of theorders shall be signed by facsimile signature of the presiding officer of thecommission.

 

(b) All persons authorized to sell licenses and tags shalldeliver upon request a copy of the order to each purchaser of a license or tag.

 

(c) When any commission order closes any area of land, lake, orstream from hunting or fishing, a concise description of the area, lake, orstream closed shall be posted in the manner and place determined by thecommission to be adequate notice of the closure.

 

(d) Repealed by Laws 1989, ch. 200, 2.

 

(e) Rules and regulations of the commission and departmentshall be promulgated in accordance with the provisions of the WyomingAdministrative Procedure Act.

 

23-1-304. Classification of gray wolves.

 

(a) Thecommission shall by rule and regulation establish areas within the state wheregray wolves are classified as trophy game animals and set seasons and baglimits within those areas. The areas designated, seasons and bag limits shallbe set annually in a manner the commission determines, through rule andregulation, only as necessary to reasonably ensure at least seven (7) breedingpairs of gray wolves are located in this state and primarily outside ofYellowstone National Park, Grand Teton National Park and John D. Rockefeller,Jr. Memorial Parkway at the end of the current calendar year.

 

(b) Repealed by Laws 2007, Ch. 168, 5.

 

(c) For purposesof this section "breeding pair" means an adult male and an adultfemale gray wolf raising at least two (2) pups of the year until December 31.The number of breeding pairs shall be certified by the department prior toJanuary 31 of each year.

 

(d) Thedepartment shall institute and maintain an active program of populationmonitoring statewide. Population monitoring shall include the use of globalpositioning systems and radio collaring of gray wolves, including use of aerialtracking, necessary to accurately determine the population and movement of graywolves in the state. The commission is authorized to enter into memoranda ofunderstanding with the United States fish and wildlife service or other federalagencies to fund the purchase of the necessary technology and to ensureaccurate and adequate monitoring of wolf population levels and movementsthrough global positioning systems and radio collar tracking. In all areas ofthe state, except where otherwise provided, any person who harvests a wolfshall notify the department where the harvest occurred within ten (10) days. Any information regarding the number or nature of wolves legally harvestedwithin the state of Wyoming shall only be released in its aggregate form and noinformation of a private or confidential nature shall be released without thewritten consent of the person to whom the information may refer. Informationidentifying any person legally harvesting a wolf within this state is solelyfor the use of the department or appropriate law enforcement offices and is nota public record for purposes of W.S. 16-4-201 through 16-4-205.

 

(e) Thedepartment shall actively monitor big game animal herd populations statewide todetermine whether and to what extent the gray wolf is negatively impacting biggame animal herds, and thereby hunting opportunities. To the extent permittedby this title, and notwithstanding other provisions of this title by thosemeans authorized by the commission, the department shall manage the gray wolfpopulation as necessary to ensure the long-term health and viability of any biggame animal herd that is being threatened in this state.

 

(f) This section shall apply from and after the date graywolves are removed from the list of experimental nonessential population,endangered species or threatened species in Wyoming as provided by W.S.23-1-108.

 

(g) Thecommission is authorized, through rule and regulation, to use aggressivemanagement techniques including the use of aerial hunting and hazing by thedepartment and issuance of permits to private landowners to take wolves toprotect private property including, but not limited to, livestock and otherdomesticated animals from wolf depredation.

 

(h) Within forty-eight (48) hours ofreceiving notification from a landowner or his designee that any gray wolf inthe state has harassed, injured, maimed or killed livestock or any domesticatedanimal, the department shall respond. The department may use the aggressivemanagement techniques authorized under subsection (g) of this section or anyother management methods necessary, to minimize the harassing, injuring,maiming or killing of livestock and other domesticated animals.

 

(j) At any time that there exists the numberof breeding pairs of gray wolves specified in subsection (a) of this section,the department is authorized to take any action necessary to protect big andtrophy game populations in this state from predation by gray wolves. Thedepartment shall give priority to areas where the wild ungulate herd isexperiencing unacceptable impacts from wolf predation.

 

(k) The commission is authorized to enterinto memoranda of understanding with any federal agency or other state'swildlife agency to carry out any provision of this section and Wyoming's wolfmanagement plan, including the use of aerial hunting.

 

(m) The commission shall promulgate rulesand regulations requiring lethal control of wolves harassing, injuring, maimingor killing livestock or other domesticated animals and for wolves occupyinggeographic areas where chronic wolf predation occurs. The rules andregulations shall provide that nonlethal control actions will be used if lethalcontrol could cause relisting of wolves under the endangered species act or ifrequested by the livestock or domesticated animal owner or agent.

 

(n) The commission shall promulgate rulesand regulations providing for issuance of annual permits to landowners orlivestock owners for removing wolves which are harassing, injuring, maiming orkilling livestock or other domesticated animals and for wolves occupyinggeographic areas where chronic wolf predation occurs. The permits shall beissued as long as there are seven (7) breeding pairs within the state andoutside of Yellowstone National Park, Grand Teton National Park and John D.Rockefeller, Jr. Memorial Parkway. The rules shall provide for suspending orcancelling permits if further lethal control could cause relisting of wolvesunder the endangered species act.

 

(o) The commission shall promulgate rulesand regulations establishing a fair compensation program to compensate for wolfpredation on livestock as provided in W.S. 23-1-901.

 

(p) Repealed by Laws 2008, Ch. 44, 2.

 

ARTICLE 4 - CREATION AND ORGANIZATION OF THE GAME AND FISHDEPARTMENT

 

23-1-401. Game and fish department; creation; control.

 

(a) The Wyoming game and fish department is created.

 

(b) The department is under the direction and supervision ofthe commission.

 

(c) The department consists of the director who is the chiefadministrative officer and such divisions as the commission may create.

 

23-1-402. Game and fish director; appointment; salary; term of office;qualification; duties and authority.

 

(a) The governor shall appoint a competent person as thedirector of the department as provided in W.S. 9-2-2010 at a salary determinedby the commission, not to exceed the sum set by law.

 

(b) The director shall hold office at the pleasure of thegovernor and may be removed by him as provided in W.S. 9-1-202.

 

(c) The director is the chief administrative head of thedepartment with general supervision and control of all activities, functions,and employees of the department, under the direction and supervision of thecommission. He shall devote his entire time to the performance and supervisionof the duties conferred on him by the commission and by law.

 

23-1-403. Chief fiscal officer.

 

Thecommission shall appoint a chief fiscal officer of the commission in the mannerprovided by law. The chief fiscal officer shall act as secretary of thecommission and perform such other duties as may be directed by the director. Heis removable as provided by law.

 

23-1-404. Chief game and fish wardens; division chiefs.

 

(a) The director, with the consent of the commission, shall appointa chief game warden, a chief fish warden, and any necessary division chiefs asprovided by law.

 

(b) The chief game warden, chief fish warden, and divisionchiefs shall be men of knowledge and experience in the fields administered bytheir respective divisions, shall be the administrative head of theirrespective divisions, shall have administrative supervision of all activitiesand personnel of their respective divisions subject to the approval of thedirector, and shall devote their entire time to the service of the state indischarge of their official duties as provided by law and as prescribed by thecommission. They are removable as provided by law.

 

23-1-405. Game wardens; appointment based on competitive examination;investigation; removal.

 

Allappointments of game wardens shall be based on competitive examinations.Applicants shall be knowledgeable of wildlife, and of the duties andresponsibilities of game wardens. The commission shall provide for theinvestigation of the qualifications of each applicant. Examinations shall beheld at selected points throughout Wyoming. Game wardens are removable asprovided by law.

 

23-1-406. Repealed by Laws 1985, ch. 36, 1.

 

ARTICLE 5 - FINANCE

 

23-1-501. Game and fish fund.

 

(a) The Wyoming game and fish fund is continued in existence.

 

(b) All income received by the commission or department shallbe deposited in the state treasury and credited to the Wyoming game and fishfund. The commission may establish accounts within the fund to carry out the purposesof this act, in addition to those accounts established by law. The Wyoming gameand fish fund shall be expended as the commission may direct to carry out thepurposes of this act and for no other purpose, except that the legislature mayappropriate so much thereof as necessary for expenses of any authorizedlegislative committee to study matters relating to the commission ordepartment. Expenditures from the Wyoming game and fish fund shall be made onlyby warrant issued by the state auditor upon vouchers signed by the director andchief fiscal officer, or other persons designated by the commission to sign intheir absence, substantiated and approved as provided by law.

 

(c) An account within the Wyoming game and fish fund iscreated. Revenues collected from the sale of licenses under W.S.23-2-101(j)(vii) and (viii) and 23-2-201(d)(viii) shall be deposited within theaccount. The commission may annually transfer into the fund from the account anamount not to exceed six percent (6%) of the total account balance.

 

(d) A trust account within the Wyoming game and fish fund iscreated. Gifts accepted by the commission as provided under W.S.23-1-302(a)(xxviii) shall be deposited within the account. The commission shallmaintain a public record of each donor and the amount of the gift. Thecommission may make expenditures from the account for any purpose for which thecommission is authorized by law to expend funds, subject to any restrictions orconditions placed on the gift by the donor. The commission shall maintain apublic record of the amount of each expenditure from the account and thepurpose for the expenditure.

 

(e) An account within the game and fish fund is created.Revenues collected under W.S. 23-2-101(n), 23-2-201(e) and as specified underW.S. 23-2-306(a) and (b) shall be deposited within the account. The commissionshall use revenues in the account to purchase access easements to provideaccess to public and private lands. The commission shall notify in writing theappropriate boards of county commissioners before purchasing any accesseasements under this subsection. In addition and on or before February 1 ofeach year, the commission shall annually report to the legislature on easementspurchased pursuant to this subsection during the preceding fiscal year.

 

(f) A trust account separate and apart from the trust accountestablished under subsection (d) of this section is created within the Wyominggame and fish fund. The account shall consist of those funds appropriated ordesignated to the account by law or by gift from whatever source. Fundsdeposited within the account are intended to be inviolate and constitute apermanent or perpetual trust account which shall be invested by the statetreasurer as authorized under W.S. 9-4-715(a), (d) and (e) and in a manner toobtain the highest return possible consistent with preservation of the accountcorpus. Any interest earned from investment of the account corpus shall becredited by the state treasurer into the Wyoming game and fish fund to beexpended by the commission for purposes specified under subsection (b) of thissection.

 

(g) An account within the game and fish fund is created. Revenues received pursuant to W.S. 23-4-204 shall be credited to the accountand are continuously appropriated to the commission to be expended for theprevention, surveillance, containment and direct and indirect costs associatedwith the administration of the aquatic invasive species program created underchapter 4, article 2 of this act.

 

23-1-502. Financial policy; budget; fiscal year; debts.

 

(a) Except as provided in subsection (d) of this section, thecommission shall govern its financial policies, subject to the written approvalof its budgets by the governor. The commission shall fix the budgets for theoperation and maintenance of the department and its divisions for each fiscalyear at its first stated meeting of each fiscal year, and shall submit itsbudget estimates for the following fiscal year as provided by W.S. 9-2-1012.

 

(b) Repealed By Laws 2009, Ch. 90, 3.

 

(c) The commission shall not contract any debt, debts, orobligations in excess of twenty percent (20%) of its anticipated revenue forthe ensuing year. Any debt created by the commission shall only be paid fromthe game and fish fund and shall be paid in full within two (2) years from thedate it is contracted.

 

(d) The commission shall prepare a separate budget requestinggeneral funds to implement and maintain its sensitive species and nongameprograms and shall submit that budget for review, recommendation and approvalas provided in W.S. 9-2-1010 through 9-2-1014.1. Any funds appropriated by thelegislature which are specified for these pr

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