State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title23 > Chapter2

CHAPTER 2 - LICENSES; FEES

 

ARTICLE 1 - GAME ANIMALS AND GAME BIRDS

 

23-2-101. Fees; restrictions; nonresident application fee; nonresidentlicenses; verification of residency required.

 

(a) Any qualified person may purchase a hunting license fromthe department or its authorized selling agents except as otherwise provided.Purchase of a license entitles the licensee to take any animal, bird or fishprovided on the license within Wyoming at the time, in a place, in a manner andin an amount as provided by law and the orders of the commission. At the timeof application for a resident license under this section, the applicant shallprovide a valid Wyoming driver's license or a copy thereof, or other proof ofresidency. The commission shall promulgate reasonable rules and regulationsstating what proof of residency is required so that only bona fide Wyomingresidents, as defined in W.S. 23-1-102(a)(ix), receive resident licenses. Forpurposes of purchasing a lifetime resident license under subsection (j) of thissection, an applicant shall have been a resident as defined in W.S.23-1-102(a)(ix) continuously for a ten (10) year period immediately precedingthe application date.

 

(b) Repealed by Laws 1999, ch. 92, 2.

 

(c) The resident's or nonresident's license must bear thesignature of the landowner, lessee, or agent of the owner on whose privateproperty he is hunting or the legitimate proof as evidence that permission tohunt has been granted.

 

(d) The commission may issue big or trophy game licenses inareas in which all licenses initially authorized were not purchased or in whichadditional harvest is desired, allowing a licensee to take a big or trophy gameanimal of such sex or age as designated by the commission. Additional elklicenses under this subsection shall be restricted to allowing any one (1)hunter to take a maximum of two (2) elk in a season under all licenses held. The fee for the license may be reduced by the commission to the level necessaryto achieve the desired management objectives, but in no case shall a residentor nonresident license fee be less than the landowner's coupon fee.

 

(e) Resident and nonresident license applicants shall pay anapplication fee in an amount specified by this subsection upon submission of anapplication for purchase of any limited quota drawing for big or trophy gamelicense or wild bison license. The resident application fee shall be fivedollars ($5.00) and the nonresident application fee shall be fourteen dollars($14.00). The application fee is in addition to the fees prescribed bysubsections (f) and (j) of this section and by W.S. 23-2-107 and shall bepayable to the department either directly or through an authorized sellingagent of the department. At the beginning of each month, the commission shallset aside all of the fees collected during calendar year 1980 and not to exceedtwenty-five percent (25%) of the fees collected thereafter pursuant to thissubsection to establish and maintain a working balance of five hundred thousanddollars ($500,000.00), to compensate owners or lessees of property damaged bygame animals and game birds.

 

(f) Forty percent (40%) of available nonresident elk licenses,forty percent (40%) of available nonresident deer licenses and forty percent(40%) of available nonresident antelope licenses for any one (1) calendar yearshall as established by the commission, be offered to nonresident applicantsupon receipt of the fee prescribed by this subsection. Seventy-five (75) ofthe nonresident deer licenses set aside pursuant to this subsection shall beused for a national bow hunt for deer. The licenses authorized by thissubsection shall be offered by drawing to nonresident applicants prior to thedrawing for the remaining nonresident licenses issued. The licenses offeredunder this subsection shall be issued in a manner prescribed by rules andregulations promulgated by the commission. Nothing in this subsection shallprohibit any unsuccessful applicant for a nonresident license pursuant to thissubsection from submitting an application for any licenses remaining after thedrawing during the calendar year in which the application under this subsectionwas submitted. The following fees shall be collected by the department and arein addition to the nonresident license fee for the appropriate big game speciesimposed under subsection (j) of this section and the application fee imposedunder subsection (e) of this section:

 

(i) Nonresident elk license...... $480.00 in addition to thelicense fee imposed under paragraph (j)(xix) of this section;

 

(ii) Nonresident deer license.... $240.00 in addition to thelicense fee imposed under paragraph (j)(xv) of this section;

 

(iii) Nonresident antelope license..... $240.00 in addition tothe license fee imposed under paragraph (j)(xxxi) of this section.

 

(g) In promulgating rules and regulations for the taking ofbighorn sheep and moose, the commission shall not discriminate betweenresidents and nonresidents regarding the maturity, horn size or sex of theanimals which may be taken. Nothing in this subsection shall be construed asprohibiting the commission from issuing a different number of licenses forresidents and nonresidents, from requiring a preference point fee fromnonresidents only pursuant to subsection (m) of this section or from issuingreduced price ewe and lamb bighorn sheep licenses as provided in subsection (d)of this section.

 

(h) In addition to other fees under this section, personsapplying for a license or tag under this section may pay one dollar ($1.00) tofund search and rescue activities in the state. The department shall provideinformation on the license or tag application form that the applicant may paythe fee under this subsection. Any fees collected under this subsection shallbe deposited in the search and rescue account created by W.S. 19-13-301.

 

(j) Subject to W.S. 23-2-101(f), 23-1-705(e) and the applicablefee under W.S. 23-1-701, the following hunting licenses and tags may bepurchased for the fee indicated and subject to the limitations provided:

 

(i) Resident black bear license; one (1) black
bear--------------------------------------------- $43.00

 

(ii) Nonresident black bear license; one (1) black bear 360.00

 

(iii) Resident mountain lion license; one (1) mountain lion ------------------------------------------------- 28.00

 

(iv) Nonresident mountain lion license; one (1) mountain lion ------------------------------------------------- 360.00

 

(v) Resident daily game bird/small game license; all game birdsexcept wild turkey------------------------------- 7.00

 

(vi) Nonresident daily game bird/small game license; all gamebirds except wild turkey------------------------------- 18.00

 

(vii) Resident lifetime game bird and small game license; allgame birds except wild turkey------------------------- 300.00

 

(viii) Resident lifetime game bird/small game and fishing license;all game birds except wild turkey
------------------------------------------------- 480.00

 

(ix) Resident game bird/small game license; all game birdsexcept wild turkey-------------------------------------- 22.00

 

(x) Nonresident game bird/small game license; all game birdsexcept wild turkey-------------------------------------- 70.00

 

(xi) Nonresident youth game bird/small game license; all gamebirds except wild turkey----------------------------- 40.00

 

(xii) Resident archery license------------- 14.00

 

(xiii) Nonresident archery license--------- 28.00

 

(xiv) Resident deer license; one (1) deer
------------------------------------------------- 36.00

 

(xv) Nonresident deer license; one (1)deer
------------------------------------------------- 310.00

 

(xvi) Resident youth deer license; one (1) deer
----------------------------------------------- 15.00

 

(xvii) Nonresident youth deer license; one (1)
deer------------------------------------------- 110.00

 

(xviii) Resident elk license; one (1) elk
------------------------------------------------- 50.00

 

(xix) Nonresident elk license; one (1) elk, fishing privileges ------------------------------------------------- 575.00

 

(xx) Resident youth elk license; one (1) elk
----------------------------------------------- 25.00

 

(xxi) Nonresident youth elk license; one (1) elk, fishingprivileges----------------------------------------------- 275.00

 

(xxii) Resident bighorn sheep license; one (1) bighorn sheep ------------------------------------------------- 115.00

 

(xxiii) Nonresident bighorn sheep license; one (1) bighorn sheep ------------------------------------------------- 2,250.00

 

(xxiv) Resident mountain goat license; one (1) mountain goat ------------------------------------------------- 120.00

 

(xxv) Nonresident mountain goat license; one (1) mountain goat ------------------------------------------------- 2,150.00

 

(xxvi) Resident moose license; one (1) moose
------------------------------------------------- 110.00

 

(xxvii) Nonresident moose license; one (1)
moose----------------------------------------------- 1,400.00

 

(xxviii) Resident grizzly bear license; one (1) grizzly bear ------------------------------------------------- 600.00

 

(xxix) Nonresident grizzly bear license; one (1) grizzly bear ------------------------------------------------- 6,000.00

 

(xxx) Resident antelope license; one (1)
antelope----------------------------------------- 31.00

 

(xxxi) Nonresident antelope license; one (1) antelope 270.00

 

(xxxii) Resident youth antelope license; one (1) antelope ----------------------------------------------- 15.00

 

(xxxiii) Nonresident youth antelope license; one (1) antelope ----------------------------------------------- 110.00

 

(xxxiv) Resident license to capture falcons for falconry purposes ------------------------------------------------- 36.00

 

(xxxv) Nonresident license to capture falcons for falconrypurposes------------------------------------------------- 240.00

 

(xxxvi) Repealed by Laws 2003, Ch. 144, 2.

 

(xxxvii) License to hunt with falcon; game birds, small game animals------------------------------------------------- 14.00

 

(xxxviii) Resident turkey license---------- 14.00

 

(xxxix) Nonresident turkey license--------- 70.00

 

(xl) Wyoming interstate game tag----------- 6.00

 

(xli) Resident game bird license; all game birds except turkey ------------------------------------------------- 14.00

 

(xlii) Resident small game license--------- 14.00

 

(xliii) 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:

 

(A) Resident gray wolf license ---------- $18.00

 

(B) Nonresident gray wolf license ------- $180.00

 

(xliv) Resident youth archery license----------- 6.00

 

(xlv) Nonresident youth archery license-------- 12.00

 

(k) Any resident qualified to purchase a moose or ram big hornsheep hunting license under subsection (b) of this section may pay a fee ofseven dollars ($7.00) in lieu of applying for a moose or ram big horn sheephunting license. Payment of the fee for a particular species under thissubsection shall authorize the person to accumulate points under W.S.23-1-703(b) for that year in the same manner as if he had unsuccessfullyapplied for a hunting license for that species. Payment of the fee shall bemade in compliance with application dates.

 

(m) Subject to the provisions of this subsection, as part ofany preference point program for nonresident antelope, nonresident ram bighornsheep, nonresident moose, nonresident deer or nonresident elk, the commissionmay establish a nonrefundable fee to be either withheld from the license feeremitted or submitted separately when application for a license or preferencepoint is made through electronic licensing, and may also establish a fee to bepaid in lieu of applying for licenses that are limited in quota. Retention ofthe established fee or payment of the fee in lieu of applying shall authorizethe person to accumulate a preference point for future drawings for licensesthat are limited in quota for the applicable species in accordance with rulesof the commission. The rules may provide for the loss of all accumulatedpoints for persons failing to apply or to pay the in lieu fee in two (2)consecutive calendar years. The fee for any program under this subsection forantelope, deer or elk shall be established by rule and shall not exceed fiftydollars ($50.00) per species. Payment of the fee shall be made in compliancewith application dates. Nothing in this subsection authorizes the commissionto establish or retain a fee for resident moose or resident ram bighorn sheeplicense preference points in addition to the fee established by subsection (k)of this section or to establish rules for ram bighorn sheep or moose preferencepoint drawings in conflict with the provisions of W.S. 23-1-703(b). Fornonresident ram bighorn sheep and nonresident moose licenses, the commissionmay establish by rule a nonrefundable preference point fee to be withheld fromeither the license fee remitted or submitted separately when application for alicense or preference point is made through electronic licensing and mayestablish a fee in lieu of making application in an amount greater than thatestablished under subsection (k) of this section, but neither fee shall exceedone hundred dollars ($100.00). Fees established under this subsection may beset at lower amounts for youth license applicants.

 

(n) In addition to other fees under this section, personsapplying for a license or tag under this section may pay any whole dollaramount to fund the purchase of access easements by the commission to provideaccess to public and private lands.

 

(o) For issuing each harvest information permit required underfederal law license selling agents and commission employees shall charge thefee authorized by W.S. 23-1-701(b)(iii).

 

23-2-102. Age restrictions; game animals; game birds.

 

(a) The minimum age to take any big or trophy game animal istwelve (12) years. Any person authorized by this subsection under the age offourteen (14) years shall at all times when hunting be accompanied by a personover the age of majority who possesses and can exhibit a certificate ofcompetency and safety as specified in W.S. 23-2-106 or who currently holds, orhas been issued a Wyoming big game hunting license within the last five (5) years.If the person accompanying the hunter under the age of fourteen (14) years isnot the parent or guardian of the hunter, the hunter shall have in hispossession a permission slip signed by his parent or guardian allowing him tohunt under supervision. Each accompanying adult shall supervise not more thanone (1) hunter under the age of fourteen (14) years. Any person under the ageof fourteen (14) years applying for a license to hunt big or trophy gameanimals under this subsection shall have the application for the licenseco-signed by his parent or legal guardian.

 

(b) No person fourteen (14) years or older nor any nonresidentperson less than fourteen (14) years shall take any small game animal withoutfirst obtaining the proper license. A nonresident person less than fourteen(14) years need not obtain a small game animal license if accompanied by anadult possessing a valid unexpired Wyoming small game animal license in whichcase the nonresident person's bag limit as established by law or by commissionorders shall be applied to and limited by the small game hunting license heldby the adult person in his company.

 

(c) No person fourteen (14) years of age or older shall takeany game bird without obtaining the proper license. A resident person underfourteen (14) years of age may take any game bird in this state except wildturkey without a license if accompanied by an adult. A resident or nonresidentperson under fourteen (14) years of age may take a wild turkey with the properlicense if accompanied by an adult. The taking of any game bird by anonresident person less than fourteen (14) years of age accompanied by an adultperson possessing a valid game bird license shall, as established by law andcommission order, be applied to and limited by the bag limit under the licenseheld by the adult in company.

 

23-2-103. Repealed By Laws 1996, ch. 121, 3.

 

23-2-104. Archery licenses; special seasons; prohibition againstfirearms; equipment.

 

(a) Bow and arrow or crossbow are permissible equipment to takegame animals, nongame animals, game birds and nongame fish. No license isrequired to take nongame animals and nongame fish with bow and arrow orcrossbow.

 

(b) The commission may establish special hunting seasons forthe taking of big game or trophy game animals by bow and arrow or crossbow insuch areas as it may establish by order.

 

(c) No person shall hunt big game or trophy game with bow andarrow or crossbow during a special archery hunting season without firstobtaining an archery license and the appropriate hunting license.

 

(d) No person holding an archery license shall take big game ortrophy game animals during a special archery hunting season or during a limitedquota archery only hunting season by the use of any type of firearm. Any personwho takes a big game or trophy game animal by the use of a firearm during aspecial archery hunting season or during a limited quota archery only huntingseason is guilty of a high misdemeanor punishable as provided in W.S.23-6-202(a)(ii). Upon request by a game warden or other Wyoming lawenforcement officer, a person who has taken a big or trophy game animal duringa special archery hunting season or during a limited quota archery only huntingseason shall allow testing of the animal's tissue for confirmation ofcompliance with this section.

 

(e) When hunting antelope, bighorn sheep, black bear, deer,mountain goat or mountain lion the longbow hunter must be equipped with alongbow of not less than forty (40) pounds draw weight or possessing the abilityto cast a hunting arrow of four hundred (400) grain weight at least one hundredsixty (160) yards. When hunting elk, grizzly bear or moose, the longbow huntermust be equipped with a longbow of not less than fifty (50) pounds draw weightor possessing the ability to cast a hunting arrow of five hundred (500) grainweight at least one hundred sixty (160) yards. The crossbow hunter must beequipped with a crossbow of not less than ninety (90) pounds draw weight whichhas a minimum draw length of fourteen (14) inches (from front of bow to back ofstring in the cocked position) and a positive safety mechanism. Crossbow boltsmust be at least sixteen (16) inches long. The broadhead of arrows or boltsshall be of sharp steel with a minimum cutting width of one (1) inch. Theprovisions of this subsection relating to the hunting of antelope, bighornsheep, black bear, deer, mountain goat and mountain lion shall also apply tothe hunting of the gray wolf as a trophy game animal from and after the dategray wolves are removed from the list of experimental nonessential population,endangered species or threatened species in Wyoming as provided by W.S.23-1-108.

 

(f) Repealed By Laws 2007, Ch. 90, 2.

 

(g) Except as otherwise provided, violation of this sectionconstitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

 

23-2-105. License to hunt with falcons; license to take falcons;special seasons.

 

(a) Any person holding a valid Wyoming license for game birdsor small game animals may purchase a license to hunt with falcon from thedepartment at its office in Cheyenne, Wyoming.

 

(b) A license to hunt with falcon entitles the licensee to takegame birds and small game animals with the use of falcons or hawks so long asthat person also holds a valid Wyoming hunting license for the wildlife to behunted.

 

(c) The commission under such safeguards as it deems necessarymay grant licenses to take falcons or hawks for lawful falconry purposes. Thecommission shall also regulate or prohibit the exportation of hawks or falconsfrom the state.

 

(d) The commission may establish special seasons for huntinggame birds or small game animals with falcons or hawks in areas which itestablishes by order.

 

23-2-106. Hunter safety; exception.

 

(a) Except as provided in subsection (c) of this section, noperson born on or after January 1, 1966, may take any wildlife by the use offirearms on land other than that of his own family, unless the person possessesor can demonstrate they have obtained a certificate of competency and safety inthe use and handling of firearms as provided by subsection (b) of this section.

 

(b) The department shall institute and coordinate a statewidecourse of instruction in safety and competency in handling firearms. The departmentmay cooperate with local governmental agencies or private organizations inproviding hunter safety courses. The department may establish and charge areasonable fee for enrollment in a hunter safety course. Attendance andsuccessful completion of a hunter safety course offered by an association orgovernmental agency approved by the commission satisfies the requirements ofsubsection (a) of this section.

 

(c) A person who has not received a certificate of competencyand safety in the use and handling of firearms as provided by subsection (b) ofthis section may apply to the department for a special authorization to takewildlife with the use of a firearm while being accompanied by a person who hasattained the age of majority, acting as a mentor, who possesses or candemonstrate he has obtained a certificate of competency and safety in the useand handling of firearms and who possesses a valid Wyoming hunting license. Amentor shall not provide supervision for more than one (1) person at a time in thefield. The special authorization shall be valid for not more than one (1)year. No person may apply for more than one (1) special authorization. Nothingin this subsection shall be construed as altering the requirements of W.S.23-2-102(a). The commission shall promulgate rules and regulations to carry outthe purposes of this subsection.

 

23-2-107. Wild bison licenses.

 

(a) Any person who will be fourteen (14) years of age or olderprior to September 15 of the season for which the wild bison license is issuedand who qualifies under W.S. 23-2-106 may apply to the department for a wildbison license.

 

(b) Repealed by Laws 1999, ch. 92, 2.

 

(c) The commission shall promulgate reasonable rules andregulations regulating wild bison licenses and the management of wild bison. The rules shall provide for:

 

(i) License drawing procedures;

 

(ii) A nonrefundable entry fee for the drawing of a license,which shall be a minimum of six dollars ($6.00);

 

(iii) Notification of license recipients as to when and wherethey may hunt;

 

(iv) Open and closed hunting seasons;

 

(v) Tagging requirements for carcasses, skulls and hides;

 

(vi) Possession limits; and

 

(vii) Requirements for transportation and exportation.

 

(d) Any person who takes a wild bison without a license in anarea open to hunting or takes a bison within a closed area is guilty of a highmisdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

 

(e) A resident applicant shall pay a license fee of fourhundred dollars ($400.00) and shall pay the fee required by W.S. 23-2-101(e). A nonresident applicant shall pay a license fee of two thousand five hundreddollars ($2,500.00) and shall pay the fee required by W.S. 23-2-101(e). Thefee charged under W.S. 23-1-701 shall be in addition to the fee imposed underthis subsection.

 

23-2-108. Repealed by Laws 1996, Ch. 121, 4.

 

23-2-109. Multiple applications for limited licenses prohibited;penalty.

 

Except as otherwise authorized by law orrule of the commission, no person shall submit more than one (1) applicationfor a license for the same big or trophy game species or for wild turkey, ifthe issuance of the license has been limited by the commission. A violation ofthis subsection shall be punishable as a high misdemeanor punishable asprovided in W.S. 23-6-202(a)(ii), by the loss of all points then assigned tothe person pursuant to W.S. 23-1-703(b) or (g), and disqualification in theyear of submission for any license for the species for which the multipleapplications were submitted.

 

ARTICLE 2 - FISH

 

23-2-201. Fees; restrictions; verification of residency required.

 

(a) Any qualified person may purchase a fishing license fromthe department or its authorized selling agents. Purchase of a license entitlesthe licensee to take any fish of Wyoming at the time, in a place, in a mannerand in an amount as provided by law and the orders of the commission. At thetime of application for a resident license under this section, the applicantshall provide a valid Wyoming driver's license or a copy thereof, or otherproof of residency. The commission shall promulgate reasonable rules andregulations stating what proof of residency is required so that only bona fideWyoming residents, as defined in W.S. 23-1-102(a)(ix), receive resident licenses. For purposes of purchasing a lifetime resident license under subsection (d) ofthis section and except for the resident disabled veteran's lifetime licenseissued under subsection (f) of this section, an applicant shall have been aresident as defined in W.S. 23-1-102(a)(ix) continuously for a ten (10) yearperiod immediately preceding the application date.

 

(b) Repealed by Laws 1999, ch. 92, 2.

 

(c) In addition to other fees under this section, personspurchasing a fishing license under this section may pay one dollar ($1.00) tofund search and rescue activities in the state. The department shall provideinformation on the license form that the purchaser may pay the fee under thissubsection to be credited to the search and rescue account. Any fees collectedunder this subsection shall be deposited in the search and rescue accountcreated by W.S. 19-13-301(a).

 

(d) The following fishing licenses may be purchased for the feeindicated in addition to the applicable fee under W.S. 23-1-701 and subject tothe limitations provided:

 

(i) Resident fishing license--------------- $22.00

 

(ii) Nonresident fishing license----------- 90.00

 

(iii) Nonresident youth fishing license
------------------------------------------------ 15.00

 

(iv) Resident youth fishing license (between their 14th and 18thbirthdays)-------------------------------------- 3.00

 

(v) Repealed By Laws 2000, Ch. 27, 2.

 

(vi) Nonresident daily fishing license----- 12.00

 

(vii) Resident daily fishing license------- 4.00

 

(viii) Resident lifetime fishing license--- 300.00

 

(e) In addition to other fees under this section, personsapplying for a license or tag under this section may pay any whole dollaramount to fund the purchase of access easements by the commission to provideaccess to public and private lands.

 

(f) Any resident disabled veteran who receives fifty percent(50%) or more service connected disability compensation from the United Statesdepartment of veteran's affairs may apply to the department for a residentdisabled veteran's lifetime fishing license. The license entitles the residentdisabled veteran to take any fish within Wyoming at the time, in a place, in amanner and in an amount as provided by law and the orders of the commission.Application shall include proof of residency required under subsection (a) ofthis section, certification of the applicant's service connected disability andother information required by rule and regulation of the commission. Notwithstanding subsection (a) and paragraph (d)(viii) of this section, adisabled veteran's lifetime fishing license shall be issued to an eligibleapplicant without payment of any fee.

 

(g) Any resident who is on active duty in the United Statesmilitary deployed to a combat zone who is home on leave may apply to thedepartment for a resident daily fishing license. Application under this sectionshall include proof of residency required under subsection (a) of this section,certification of the applicant's active duty deployment to a combat zone andother information required by rule and regulation of the commission. Notwithstanding subsection (a) and paragraph (d)(vi) of this section, aresident daily fishing license issued pursuant to this subsection shall beissued to the eligible applicant without charge. For purposes of thissubsection, a combat zone is any area which the president of the United Statesdesignates by executive order as an area in which the armed forces of theUnited States are engaged in combat.

 

23-2-202. Age restrictions; fishing.

 

Exceptas provided by W.S. 23-2-209, no person fourteen (14) years or older nor anynonresident person less than fourteen (14) years shall fish in or on anyWyoming waters, except a catch-out pond located on a licensed fish hatchery ora fishing preserve, without first obtaining a proper license. A nonresidentperson less than fourteen (14) years need not obtain a proper fishing licenseif accompanied by an adult possessing a valid unexpired Wyoming fishing licensein which case the nonresident person's bag limit as established by law or bycommission orders shall be applied to and limited by the fishing license heldby the adult person in his company.

 

23-2-203. Repealed By Laws 1996, ch. 121, 3.

 

23-2-204. Repealed By Laws 1979, ch. 29, 2.

 

23-2-205. Repealed By Laws 1979, ch. 29, 2.

 

23-2-206. Underwater fishing.

 

(a) The commission may set limits and designate specifiedwaters as being open to underwater spear gun fishing for fish. In specifiedwaters the use of spear guns of types approved by the commission to take fishunderwater with or without underwater breathing apparatus is permissible. Nogame fish may be taken unless the underwater fisherman is completely submerged.

 

(b) Repealed By Laws 1996, ch. 121, 3.

 

23-2-207. Special limited fishing permit for hospitalized veterans,residents of state institutions, court placed children and residents of licensednursing care facilities.

 

(a) Upon an appropriate form furnished by the appropriateinstitution or facility as prescribed by rule and regulation of the commission,a special limited fishing permit may be issued without charge by:

 

(i) Any veterans administration hospital within Wyoming to anyhospitalized veteran under its care and supervision, which entitles thehospitalized veteran to fish while under the direct control of the hospital;

 

(ii) The department of health or the department of family servicesto any resident in the veterans' home of Wyoming, Wyoming state hospital,Wyoming life resource center, Wyoming boys' school and the Wyoming girls'school, which entitles the institutionalized resident to fish while under thedirect supervision of the appropriate institution;

 

(iii) Any Wyoming private residential facility or group home toany child who is placed in the facility or home pursuant to court order and whois in either protective or temporary legal custody of the state, which entitlesthe child to fish only while under the direct control and supervision of thefacility or home;

 

(iv) Any nursing care facility as defined by W.S.35-2-901(a)(xvi) and licensed under W.S. 35-2-901 through 35-2-910, to anyperson under the care and supervision of and residing in the facility, whichentitles this person to fish while under the direct control of the facility.

 

(b) The commission may by rule and regulation limit the areawithin which a special limited fishing permit is valid.

 

23-2-208. Landowners fishing generally.

 

NotwithstandingW.S. 23-2-202, any individual who owns land wholly containing a lake, pond orponds which derive their source of water from surface runoff, natural springsor wells may stock the lake, pond or ponds with eggs or fish with the consentand under the supervision of the department or its authorized personnelprovided that other game fish regulated by the commission do not occur in thelake, pond or ponds. The individual landowner and the landowner's spouse,children and grandchildren may fish in the lake, pond or ponds without firstobtaining a fishing license. Upon removal from the landowner's propertycontaining the authorized lake, pond or ponds, the individual landowner shallprovide a written statement to the possessor of any fish verifying the numberand species of fish caught, kept and removed from such property. The lake, pondor ponds shall be approved by the department pursuant to commission rule andregulation.

 

23-2-209. Wyoming sport fishing day; fishing exempt from licensure.

 

The commission may annually designate not more than one (1)day each calendar year as a free sport fishing day. Residents and nonresidentsmay during the designated free sport fishing day, without payment of any feeand without acquiring a license pursuant to W.S. 23-2-201 or a conservationstamp under W.S. 23-3-306, exercise the privileges of sport fishing licenseessubject to limitations imposed upon licensees by law and commission rule andregulation.

 

ARTICLE 3 - MISCELLANEOUS FEES; TAXIDERMISTS; TRAPPING; FURDEALERS

 

23-2-301. Miscellaneous fees; verification of residency required.

 

(a) Repealed by Laws 1999, ch. 92, 2.

 

(b) Repealed by Laws 2004, ch. 124, 3.

 

(c) The following licenses and tags may be purchased for thefee indicated in addition to the applicable fee under W.S. 23-1-701 and subjectto other requirements of this article:

 

(i) Resident trapping license-furbearing--- $42.00

 

(ii) License to capture furbearing animals for domestication ------------------------------------------------- 18.00

 

(iii) Resident fur dealer's license-------- 50.00

 

(iv) Nonresident fur dealer's license------ 275.00

 

 

(v) Taxidermist's license------------------ 65.00

 

(vi) Nonresident taxidermist's license----- 700.00

 

(vii) Game bird farm license--------------- 130.00

 

(viii) Fishing preserve license------------ 130.00

 

(ix) Commercial fish hatchery license------ 180.00

 

(x) License to seine or trap fish---------- 18.00

 

(xi) License to deal in live bait---------- 65.00

 

(xii) Nonresident trapping license-
furbearing--------------------------------------- 240.00

 

(xiii) Resident youth trapping license (residents under the age ofseventeen (17) years of age)
------------------------------------------------- 6.00

 

23-2-302. Taxidermist's license; bond; game specimens must be tagged;records.

 

(a) Any qualified person may apply for and receive ataxidermist's license upon payment of the proper fee.

 

(b) Before a taxidermist's license is issued, the applicantshall post a surety or cash bond with the department in an amount determined bythe commission conditioned to the effect that the taxidermist shall completehis work within a reasonable time and promptly upon completion and payment of feereturn the specimen to the client.

 

(c) No person shall deliver to any taxidermist, nor shall anytaxidermist receive any game specimen unless tagged with a Wyoming game tagexcept as otherwise provided. Violation of this subsection constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

(d) Taxidermists, by keeping records required by thecommission, may receive, purchase, store, handle, ship, sell, transport, anddeliver any hide from cloven hoof big game animals, either within or withoutWyoming, without tagging the hide with a Wyoming game tag.

 

23-2-303. Trapping licenses; tagging; traps and snares; penalty;confiscation; inspection; interference with trapping.

 

(a) Any person may, in the discretion of the department upon applicationand the payment of the proper fee, receive a license to trap any furbearinganimal. The department shall issue a trapping license to a nonresident only ifhis state issues licenses to Wyoming residents to trap the same species forwhich residents of that state may be licensed to trap in that state. Anynonresident applying for a Wyoming trapping license shall furnish:

 

(i) A notarized affidavit stating the applicant's legal addressincluding his state of residence; and

 

(ii) A copy of the most current statutes or rules andregulations of the applicant's state of residence which show that the stateissues nonresident trapping licenses which authorize Wyoming residents to trapthe same species for which residents of that state may be licensed to trap inthat state.

 

(b) At the time of application for a trapping license, thedepartment shall determine:

 

(i) The area in the district where the trapper may takefurbearing animals;

 

(ii) Allowable harvests of furbearing animals within designatedareas which may be taken in a given time.

 

(c) Repealed by Laws 1987, ch. 156, 2.

 

(d) The commission, following consultation with other affectedentities, may promulgate rules and regulations establishing specifications forsnares, breakaway weights, location of breakaway devices, loop size and anchorsfor trapping and snaring of furbearing and predatory animals. All traps andsnares used for furbearing or predatory animals shall be permanently marked ortagged with the name and address of the owner or the identification numberassigned to the owner by the department. Any identification number attached toa trap or snare pursuant to this subsection is solely for the use of thedepartment or appropriate law enforcement officers and is not a public recordfor purposes of W.S. 16-4-201 through 16-4-205. No trap or snare shall be setfor furbearing or predatory animals within thirty (30) feet of any exposed baitor carcass over five (5) pounds in weight. As used in this subsection,"exposed bait or carcass" means the meat or viscera of any part of amammal, bird or fish, excluding dried bones. All snares used for takingfurbearing or predatory animals shall be equipped with a break-away device.Unless otherwise specified in this subsection, all steel-jawed leghold trapsshall be checked by the owner at least once during each seventy-two (72) hourperiod unless extensions are granted by the department. All snares and quickkill body grip traps shall be checked by the owner not less than once each weekunless extensions are granted by the department. All wildlife caught in anytrap or snare shall upon discovery, be removed immediately by the owner. Violation of this subsection constitutes a low misdemeanor punishable asprovided in W.S. 23-6-202(a)(v).

 

(e) After 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 the commission may enact rules andregulations setting forth the specifications for traps and snares used for thetaking of gray wolves and the time period for checking such traps and snares. Except as otherwise provided by commission rule, the provisions in this sectionregulating the trapping of furbearing and predatory animals shall apply to thetrapping of gray wolves.

 

(f) Any trap or snare found in the field not bearing the nameand address of the owner of the trap or snare or the identification numberassigned by the department to the owner of the trap or snare may be confiscatedby any employee of the department. Any landowner or his agent may inspect anytrap or snare set on his property, may remove the trap or snare and may releaseor remove from the trap or snare any wildlife which has not been takenlawfully. The landowner or his agent shall notify the department of any suchwildlife, excluding predatory animals, as soon as practicably possible afterremoving the wildlife from a trap or snare.

 

(g) A violation of this subsection constitutes a lowmisdemeanor punishable as provided in W.S. 23-6-202(a)(v). Except as otherwiseprovided in this section, no person shall intentionally:

 

(i) Tamper with or remove a trap or snare set and maintained incompliance with this act; or

 

(ii) Release or remove a furbearer or predator from a trap orsnare set and maintained in compliance with this act.

 

23-2-304. Fur dealers; licenses; hides; tagging.

 

(a) Any person who desires to engage in the business ofbuying, collecting, selling, or shipping raw furs other than hides from clovenhoof big game animals shall apply for and pay to the department the proper feefor a resident fur dealer's license or a nonresident fur dealer's license priorto commencing the business.

 

(b) Fur dealers may receive, purchase, store, handle, ship, sell,transport, and deliver hides from cloven hoof big game animals either within orwithout the state without tagging the hides with a Wyoming game tag so long asproper records are kept.

 

(c) Repealed by Laws 1987, ch. 156, 2.

 

(d) Fur dealers bringing hides or furs into Wyoming lawfullyobtained in another state shall not remove any tag, tattoo mark, or otheridentification attached to or placed upon the hide or fur by the authorities ofanother state.

 

23-2-305. Capture of furbearing animals for domestication; license;fee.

 

Anyresident person who desires to capture furbearing animals for domestication orpropagation shall apply for and pay to the department the proper fee for alicense to capture furbearing animals for the purposes of domestication orpropagation. The department may issue the license under such restrictions as itdeems necessary.

 

23-2-306. Conservation stamp; exemptions.

 

(a) Subject to subsections (b) and (c) of this section and theapplicable fee under W.S. 23-1-701, each sportsman licensed under W.S.23-2-101, 23-2-107 or 23-2-201 shall purchase a single conservation stamp fortwelve dollars ($12.00) which shall be valid for one (1) calendar year and thestamp or an authorization signifying purchase of the stamp shall be in thepossession of any person exercising rights under any fishing or hunting licenseissued pursuant to W.S. 23-2-101, 23-2-107 or 23-2-201. Holders of speciallimited fishing permits issued under W.S. 23-2-207 and holders of licenses onlyunder W.S. 23-2-101(j)(v) and (vi), 23-2-201(d)(vi) and (vii), 23-2-201(f) and23-2-201(g) are exempt from the provisions of this section when exercisinghunting or fishing privileges provided under those specific licenses. Revenuescollected from the sale of each stamp under this subsection shall be depositedas follows:

 

(i) Twenty-five percent (25%) of the revenues collected underthis subsection into the account created under W.S. 23-1-501(e);

 

(ii) Of the amount remaining:

 

(A) Fifty percent (50%) into the trust account created underW.S. 23-1-501(f); and

 

(B) Fifty percent (50%) into the game and fish fund.

 

(b) A lifetime conservation stamp may be purchased for onehundred eighty dollars ($180.00) plus the applicable fee under W.S. 23-1-701. Revenues collected from the sale of each stamp under this subsection shall bedeposited as follows:

 

(i) Fifty percent (50%) into the trust account created underW.S. 23-1-501(f); and

 

(ii) Fifty percent (50%) into the account created under W.S.23-1-501(e).

 

(c) Holders of licenses issued under W.S. 23-1-705(d) or (e)are exempt from the provisions of this section when exercising any hunting orfishing privileges licensed under this act. Licenses issued under W.S.23-1-705(d) or (e) shall be in possession of the person exempted under thissubsection when exercising any hunting or fishing privilege licensed under thisact.

 

23-2-307. Special management permit.

 

(a) The commission may by rule and regulation define thosespecial management programs which require additional expenditures for thepropagation, stocking or feeding of wildlife, for designated trophy managementareas and for hunting and fishing field development. Any person participatingin a special management program shall be required to purchase a special managementpermit for the program.

 

(b) Special management permits may be purchased from thedepartment or its authorized selling agents for twelve dollars ($12.00) plusthe applicable fee under W.S. 23-1-701 and shall be valid for one (1) calendaryear.

 

ARTICLE 4 - GUIDES AND OUTFITTERS

 

23-2-401. Guides required; exceptions; issuance of resident guidelicense.

 

(a) No nonresident shall hunt big or trophy game animals on anydesignated wilderness area, as defined by federal or state law, in this stateunless accompanied by a licensed professional guide or a resident guide. Thereshall be at least one (1) licensed professional guide or resident guideaccompanying each two (2) nonresident hunters. The commission may also specifyother areas of the state, or specific big or trophy game species, for which alicensed professional or resident guide is required for nonresidents, forpurposes of proper game management, protection of hunter welfare and safety, orbetter enforcement of game and fish laws. The commission may allow licensedguides to accompany more than two (2) hunters but no more than six (6) huntersin specific areas.

 

(b) Any resident possessing a valid resident big or trophy gameanimal license may apply for and receive a resident guide license. The residentguide license shall be issued without charge or bond by the commission, anydistrict supervisor or resident game warden upon receipt of an affidavit fromthe resident stating the names and addresses of the nonresident hunters to beguided, the game to be hunted, the area to be hunted, and that the resident hasnot received nor will accept directly or indirectly any compensation for hisservices as a guide. A resident guide shall not guide more than two (2)nonresident hunters in any calendar year on any national forest, wildernessarea, national game refuge, or national park, except as provided in W.S.23-2-401, nor shall he accept any compensation or gratuity for his services.The name and license number of the nonresident hunter shall be placed on theback of the resident guide license and stamped or signed by the issuer.

 

(c) A resident landowner may guide hunters on land owned by ordeeded land leased to him without a guide license, or he may authorizenonresidents hunting without a guide on those lands. The license must bear thesignature of the landowner, lessee, or agent of the owner on whose privateproperty he is hunting as evidence that permission to hunt has been granted.

 

(d) Repealed By Laws 2000, Ch. 48, 3.

 

23-2-402. Repealed By Laws 1989, ch. 279, 2.

 

23-2-403. Repealed By Laws 1989, ch. 279, 2.

 

23-2-404. Repealed By Laws 1989, ch. 279, 2.

 

23-2-405. Repealed By Laws 1989, ch. 279, 2.

 

23-2-406. Definitions.

 

(a) As used in this act:

 

(i) "Board" means the Wyoming state board ofoutfitters and guides established under this act;

 

(ii) "Outfitter" means a person including a huntingclub, who advertises or holds himself out to the public for hire orremuneration to provide guide or packing services for the purpose of taking anybig or trophy game animal, excluding any person who furnishes pack or ridinganimals and other equipment only to a hunter for his personal temporary use andany landowner providing outfitter services on private lands owned or leased byhim. As used in this paragraph:

 

(A) "Hunting club" means any person requiring dues orremuneration for providing personal services in the field for the taking of anybig or trophy game animal;

 

(B) "Landowner" means any person, firm or corporationholding title to, or occupying under a contract of purchase, agricultural landor any person whose family owns at least a majority of the stock in a Wyomingcorporation and who provides services specified in this paragraph on landsowned by the corporation and used primarily for agricultural purposes.

 

(iii) "Professional guide" means any person employed byor operating under an independent contract with a licensed outfitter to furnishpersonal services for the conduct of outdoor recreational activities for the purposeof hunting animals except any person employed by a licensed outfitter solely tocare for, groom or saddle livestock, cook, cut wood or to transport people,equipment and personal property;

 

(iv) "Packing services" means transporting for hire orremuneration, hunters, game animals or equipment in the field for the purposeof taking any big or trophy game animal;

 

(v) "This act" means W.S. 23-2-406 through 23-2-418.

 

23-2-407. License required for outfitters and professional guides.

 

(a) No person shall hold himself out as, engage in the businessof or act in the capacity of an outfitter or shall engage in the occupation ofa professional guide as an independent contractor or as an agent or employee,unless he is licensed as an outfitter or professional guide pursuant to thisact.

 

(b) No person engaged in the business of or acting in thecapacity of an outfitter or a professional guide is entitled to maintain anaction for compensation of outfitting or guiding services provided to any otherperson unless he is licensed under this act at the time of providing services.

 

23-2-408. Wyoming state board of outfitters and professional guides;membership; meetings; per diem and travel expenses.

 

(a) The Wyoming state board of outfitters and professionalguides is established within the department of administration and informationand shall consist of seven (7) members as follows:

 

(i) Two (2) members appointed by the governor from thepublic-at-large who are not employed by and do not receive any income orcompensation from outfitters or professional guides;

 

(ii) One (1) member of the Wyoming game and fish commission orits designated representative; and

 

(iii) Four (4) members representing a variety of types and sizesof outfitters appointed by the governor from a list of nominations submitted bylicensed outfitters in Wyoming. Nominees shall be licensed outfitters orprofessional guides with not less than five (5) years experience in outfittingor professional guiding in this state. Two (2) nominees shall be submitted foreach board vacancy and appointments shall rotate among game and fish commissionappointment districts within the state.

 

(b) Appointed members shall be appointed by the governor withthe advice and consent of the senate in accordance with W.S. 28-12-101 through28-12-103 and may be removed by the governor as provided by W.S. 9-1-202. Notmore than four (4) members of the board shall be of the same political party. Except as otherwise provided for initial appointees, the term of an appointedmember shall be three (3) years.

 

(c) If a vacancy occurs in the membership of any appointedterm, the governor with the advice and consent of the senate shall appoint amember with qualifications similar to the member to be replaced, to serve theunexpired term of that member. Any vacancy occurring between sessions of thelegislature may be filled by the governor in accordance with W.S. 28-12-101(b).

 

(d) The board shall select one (1) member to serve as chairmanand one (1) member as vice-chairman. The terms of office shall not exceed one(1) year.

 

(e) The board shall meet upon the call of the chairman, at thecall of a majority of board members or upon request of the governor. Four (4)members constitute a quorum.

 

(f) Appointed members of the board shall serve withoutcompensation but when engaged in actual duties of the board, shall receivetravel expenses and per diem in the same manner and amount as provided by lawfor state employees.

 

(g) The board is transferred to the department ofadministration and information as a Type 3 transfer in accordance with W.S.9-2-1707(b)(iii).

 

23-2-409. Legal representation.

 

Theboard may request the attorney general of this state to provide legal opinionsor may employ an attorney to represent the board. Fees and expenses of theattorney general arising from such duties shall be paid from the accountcreated by W.S. 23-2-414(d) if billed to the board by the attorney general.

 

23-2-410. Powers and duties of board; generally; employees; licensingand regulation.

 

(a) The board shall:

 

(i) Adopt an official seal;

 

(ii) Carry out the provisions of this act and in accordance withthe Wyoming Administrative Procedure Act, adopt necessary rules and regulationsfor carrying out this act including requirements for training, experience andknowledge of relevant law and rules and regulations as may be imposed uponoutfitters and professional guides, the content and requirements forexamination of license applicants and other necessary and reasonable rules;

 

(iii) Report to the governor in accordance with W.S. 9-2-1014.

 

(b) The board may employ personnel as required to carry outthis act and establish compensation for any employees subject to legislativebudget authorization. In enforcing this act and its rules and regulations, theboard shall require investigators to receive peace officer training andqualification under W.S. 9-1-701 through 9-1-708.

 

(c) The board shall license and regulate outfitters andprofessional guides in this state and shall:

 

(i) Examine applicants for licensure under this act;

 

(ii) Deny or approve applications for licensure and may revokeor suspend licenses in accordance with this act and its rules and regulations;

 

(iii) Conduct hearings upon complaints received relative tolicensees;

 

(iv) Impose reasonable restrictions and limitations uponlicensees as necessary to implement this act;

 

(v) Designate areas within the state as recommended by thecommission for game management purposes in which a licensee may conductoutfitting or professional guiding under the license;

 

(vi) Repealed by Laws 1991, ch. 156, 2.

 

(d) Unless a court issues a search warrant based on probablecause that a private property owner is engaged in illegal outfitting activities,investigators of the board shall not enter onto private property withoutexpress permission from the property owner. The board shall not requireprivate landowners to sign an authorization form for outfitters licensed by theboard to enter lands owned by the person.

 

23-2-411. Outfitter qualifications for licensure; licensed outfittermay act as professional guide; required reporting of criminal his