State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title23 > Chapter3

CHAPTER 3 - GENERAL REGULATORY PROVISIONS

 

ARTICLE 1 - BIRD AND ANIMAL PROVISIONS

 

23-3-101. Taking eagle prohibited.

 

Anyperson who takes an eagle is guilty of a high misdemeanor punishable asprovided in W.S. 23-6-202(a)(ii).

 

23-3-102. Taking certain game animals without license or during aclosed season prohibited.

 

(a) Except as provided in subsection (d) of this section, anyperson who takes any big or trophy game animal or gray wolf where classified asa trophy game animal without the proper license or authority is guilty of ahigh misdemeanor punishable as provided in W.S. 23-6-202(a)(ii). The taking ofeach animal is a separate offense.

 

(b) Repealed By Laws 2007, Ch. 62, 2.

 

(c) Repealed By Laws 2007, Ch. 62, 2.

 

(d) Any person who knowingly takes any antlered elk, antlereddeer, antlered moose, horned antelope, bighorn sheep, mountain goat, mountainlion, grizzly bear or black bear without the proper license or during a closedseason except as otherwise permitted by this act is guilty of a misdemeanorpunishable by a fine of not less than five thousand dollars ($5,000.00) normore than ten thousand dollars ($10,000.00), imprisonment for not more than one(1) year, or both.

 

23-3-103. Taking predatory animals, predacious birds and trophy animals;taking furbearing animals and game birds without license prohibited.

 

(a) Predatory animals and predacious birds may be taken withouta license in any manner and at any time except as provided by W.S. 23-2-303(d)and (e), 23-3-112, 23-3-304(b), 23-3-305 and 23-3-307. The department shallreport annually to the Wyoming department of agriculture the number ofpredatory animals and predacious birds taken by the department's animal damagecontrol agents, and include in the report the area where taken and the controlmethod used.

 

(b) In areas designated by the commission under W.S.23-1-302(a)(ii), specified trophy game animals may be taken in the same manneras predatory animals without a license.

 

(c) Any person who takes any furbearing animal or game birdwithout the appropriate license, except as otherwise provided by this act isguilty of a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

 

23-3-104. Coupons.

 

Whenany big game animal, trophy game animal or turkey is killed under a license,the licensee shall detach, sign and date the proper coupon and attach thecoupon to the carcass before leaving the site of the kill. The coupon shallremain on the game animal or turkey carcass at all times until the meatundergoes processing, or on the trophy game animal hide until it reaches thehunter's home or a taxidermist, except that during transportation of thecarcass or hide the coupon may be removed to prevent its loss. If the coupon isremoved for transportation of the carcass or hide it must be in the possessionof the person accompanying the carcass or hide at all times.

 

23-3-105. Antelope, deer and elk coupons; payment to landowner; killon federal or state land.

 

(a) Antelope, deer and elk licenses shall have two (2) couponsattached, each bearing the same serial number as the body of the permit, one(1) designated "antelope, deer or elk coupon" and one (1) designated"landowner's coupon".

 

(b) The landowner's coupon shall promptly be detached, dated,signed and delivered to the landowner. The landowner, on or before March 1following the year for which the license was issued, shall deliver to thedepartment the coupon and an affidavit that the antelope, deer or elk for whichthe coupon was delivered was killed on his land. Upon receipt of the couponand affidavit the department shall pay the landowner sixteen dollars ($16.00)for each coupon from an antelope, deer or elk license. Landowner's coupons arenot transferable. Any unauthorized person attempting to collect any sum for anylandowner's coupon is guilty of a high misdemeanor punishable as provided inW.S. 23-6-202(a)(ii). Effective January 1, 2000, the department shall providea checkoff box on each landowner coupon affidavit claim form that offers theclaimant the opportunity to designate the animal damage management board toreceive his payment amount for landowner coupons claimed on that form. Foreach claim made where the landowner has designated his payment to the animaldamage management board, the department shall transfer that amount to theanimal damage management account created by W.S. 11-6-306 and the departmentshall retain the fees related to those administrative costs of the transfer.

 

(c) When an antelope, deer or elk is shown to have been killedon federal or state land, the licensee shall detach, date, and sign thelandowner's coupon and mail or otherwise deliver the coupon to the Cheyenneoffice of the department.

 

23-3-106. Wyoming game and Wyoming interstate game tags; whenrequired.

 

(a) No person shall ship, transport, or receive for shipment ortransportation within Wyoming, any game animal, game bird, or any part thereof,unless tagged with a Wyoming game tag or Wyoming interstate game tag, orunless:

 

(i) The transportation is by a person accompanying the carcassof a big or trophy game animal who is in possession of a proper coupon; or

 

(ii) The transportation is by a properly licensed bird or smallgame hunter in possession of not more than his daily bag or possession limit.

 

(b) No big or trophy game animal, or any part thereof, shall beshipped or transported from the state unless accompanied by the licensee whoharvested the animal, in possession of a proper coupon, or unless:

 

(i) The amount does not exceed twenty-five (25) pounds and isproperly tagged with a Wyoming interstate game tag. Only twenty-five (25)pounds from any one (1) big or trophy game animal may be exported from thestate except as otherwise provided;

 

(ii) The part to be exported from the state is of a nonedibletrophy or hidelike nature and properly tagged with a Wyoming interstate gametag;

 

(iii) The big or trophy game animal was legally harvested by anonresident and is tagged with a Wyoming interstate tag.

 

(c) Tag selling agents may tag meat from any number of big gameanimals if the person lawfully accompanying the animals signs an affidavit thateach animal was lawfully taken.

 

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

 

(e) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-3-107. Wanton destruction of big game animal; reward.

 

(a) No person shall wantonly take or destroy any big or trophygame animal.

 

(b) The director may offer a standing reward not exceeding onethousand dollars ($1,000.00) to be paid from the game and fish fund forevidence leading to the arrest and conviction of any person violating thissection.

 

(c) The purpose and intent of this section is to protect big ortrophy game animals from wanton, ruthless or needless destruction.

 

(d) Violation of this section constitutes a high misdemeanorpunishable as provided in W.S. 23-6-202(a)(ii).

 

23-3-108. Destruction of bird nests or eggs.

 

(a) No person shall take or intentionally destroy the nest oreggs of any nonpredacious bird. The nest or eggs of any predacious bird may betaken or destroyed.

 

(b) Violation of this section for any nonpredacious bird excepteagle constitutes a low misdemeanor punishable as provided in W.S.23-6-202(a)(v).

 

(c) Violation of this section in regard to eagle nests or eggsconstitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

 

23-3-109. Use of dogs; dogs injuring big or trophy game animals may bekilled; citation of owners of dogs harassing game animals; penalties.

 

(a) No person shall use any dog to hunt, run or harass any bigor trophy game animal, protected animal or furbearing animal except asotherwise provided by this act. The commission shall regulate the use of dogsto take mountain lions and bobcats during hunting or trapping seasons.

 

(b) In cases where big game animals have been injured or arebeing threatened with immediate injury by dogs, a peace officer may kill suchdog or dogs where the vicious character of the dog or dogs is manifest. A peaceofficer killing a dog pursuant to this subsection shall make reasonable effortsto ascertain the ownership of the dog and inform the owner of the dog's deathand the circumstances surrounding the death. Any peace officer who kills a dogpursuant to this subsection or has received a report that a dog has been killedshall file a report with his employing agency within twenty-four (24) hours ofhis action or of receiving a report.

 

(c) It is unlawful for any person to recklessly allow or directa dog which he owns or is under his control to injure or threaten a big gameanimal with injury, whether or not the big game animal is actually injured bythe dog, unless the dog was attempting to protect livestock or other property. A conviction under this subsection is punishable by a fine imposed for a lowmisdemeanor punishable as provided in W.S. 23-6-202(a)(v).

 

23-3-110. Firearms; types permitted for hunting game birds; ruffed andblue grouse excepted.

 

(a) Except as otherwise provided, game birds excluding ruffedand blue grouse may only be taken with a shotgun not larger than ten (10)gauge. Automatic loading, pump, or repeating shotguns must be plugged to admitno more than one (1) shell in the chamber and two (2) shells in the magazine.

 

(b) Firearms using center-fire cartridges, muzzle-loading armsor firearms of twenty-two (.22) magnum caliber may be used to take wildturkeys.

 

(c) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-3-111. Firearms; size of guns to be used in hunting big or trophygame animals.

 

(a) Except as otherwise provided, big or trophy game animalsmay only be taken with the following types of firearms:

 

(i) A firearm which has a barrel bore diameter of at leasttwenty-three-hundredths (23/100) of an inch and is chambered to fire acenter-fire cartridge not less than two (2) inches in overall length, includinga soft or expanding point bullet seated to a normal depth or any othercartridge authorized by the commission that has a barrel bore diameter of atleast thirty-five hundredths (.35) of an inch and generally delivers at leastfive hundred (500) ft-pounds of impact at one hundred (100) yards; or

 

(ii) A muzzle-loading rifle which has a barrel bore diameter ofat least 40/100 of an inch and a charge of at least fifty (50) grains of blackpowder or equivalent, or a muzzle-loading specialty single shot handgun whichhas a barrel length of not less than ten (10) inches, a bore diameter of atleast 45/100 of an inch and which propels a projectile of two hundred forty(240) grains at not less than five hundred (500) foot pounds at one hundred(100) yards.

 

(b) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-3-112. Firearms; automatic weapon or silencer prohibited.

 

(a) No person shall take into or possess in the game fields orforests of Wyoming any fully automatic weapon or device designed to silence ormuffle the report of any firearm.

 

(b) Violation of this section constitutes a high misdemeanorpunishable as provided in W.S. 23-6-202(a)(ii).

 

23-3-113. Hunters required to wear colored clothing.

 

(a) No person other than archers and crossbow hunters huntingduring a special archery season shall hunt any big or trophy game animal inWyoming without wearing in a visible manner one (1) or more exterior garmentswhich shall include a hat, shirt, jacket, coat, vest, or sweater of afluorescent orange color.

 

(b) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-3-114. Landowner may take beaver causing damage.

 

Anybeaver flooding meadows, damming irrigation systems or constructing dams orponds which would be dangerous to livestock on any privately owned lands or onstate lands, may be immediately taken by the landowner, lessee of state landsor employee of the landowner or lessee or an agent of the landowner or lessee.

 

23-3-115. Taking black bear, mountain lion, gray wolf, bobcat, weasel,badger, squirrels or muskrat for damaging property.

 

(a) Any black bear, mountain lion, bobcat, weasel, badger,gray, red and fox squirrels or muskrat doing damage to private property may beimmediately taken and killed by the owner of the property, employee of theowner or lessee of the property.

 

(b) The owner, employee or lessee shall immediately notify thenearest game warden of the killing of black bear, bobcat or mountain lion. Theowner, employee or lessee shall save and care for the skin and procure aWyoming game tag for the skin of black bear, mountain lion or bobcat.

 

(c) Theprovisions of subsection (a) of this section relating to the taking of animalsdoing damage to private property shall apply to gray wolves from and after thedate gray wolves are removed from the list of experimental nonessentialpopulation, endangered species or threatened species in Wyoming as provided byW.S. 23-1-108. The owner, employee or lessee acting under authority of thissection shall notify the department of the killing of a gray wolf within anarea of the state in which the gray wolf is classified as a trophy gameanimal. The notification shall be made within ten (10) days of the kill unlessthe gray wolf was taken in an area where wolves have been classified as trophygame animals pursuant to W.S. 23-1-304(a) in which case the notification shallbe made within seventy-two (72) hours.

 

23-3-116. Ownership of game bird; taking of privately owned gamebirds.

 

Anyperson who wishes to acquire game birds from any private source shall apply forand receive a permit from the department prior to acquiring, possessing ortransporting the game birds. Upon receipt of the game birds, the permitteeshall notify the department to establish proof of ownership and to allow thegame birds to be marked with a leg or wing band. Whenever game birds arepurchased outside the state, the permittee shall furnish adequate evidence thatthe game birds are disease free. Upon compliance with this section, thepermittee is entitled to take his privately owned game birds without a gamebird or turkey license.

 

23-3-117. Bighorn sheep; registration of horns; penalties.

 

A licensee who harvests a bighorn sheep or any person whopicks up or removes horns from any bighorn sheep, after July 1, 1997, shallpresent the horns at a regional office of the department during normal businesshours to be registered in accordance with department rules and regulations. The horns shall be presented pursuant to this section within fifteen (15) daysafter taking the horns into possession. The department may require substantiveproof from unlicensed individuals that the horns were legally acquired. Failure to provide such proof may result in confiscation of the horns. Aviolation of this section constitutes a high misdemeanor punishable as providedin W.S. 23-6-202(a)(ii).

 

ARTICLE 2 - FISH PROVISIONS

 

23-3-201. Fishing tackle; designation of waters for setline fishing;taking fish with firearm prohibited; snagging; penalties.

 

(a) Except as otherwise provided, fish may only be taken orfished for with a maximum of two (2) rods or poles, with lines and hooksattached, and with the user in attendance.

 

(b) No line shall have more than three (3) single or treblehooks, flies or lures. As used in this section:

 

(i) "Hook" means a single device regardless of thenumber of prongs; and

 

(ii) "Lure" means a single device regardless of thenumber of hooks.

 

(c) The commission may designate specified waters as being opento setline fishing and the number of setlines to be used. In those waterssubsection (a) does not apply. The commission may also designate specifiedwaters in which otherwise permissible tackle or bait may not be used.

 

(d) No person shall take, wound or destroy any fish of Wyomingwith a firearm of any kind or nature.

 

(e) No person shall snag any fish of Wyoming except asspecifically authorized by the commission. For purposes of this subsection,"snag" means attempting to take a fish in such a manner that the fishdoes not take the hook voluntarily in its mouth.

 

(f) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-3-202. Use of live fish and corn as bait.

 

(a) The commission may designate specified waters in which livefish or corn may be used as bait, and may designate the types of and origin oflive fish which may be used as bait in any waters.

 

(b) No person shall have any live fish or bait corn in hispossession while fishing other than as authorized by the commission.

 

(c) No person shall release any live baitfish unless authorizedby the commission.

 

(d) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-3-203. Placing obstruction to fish across stream or lake withoutconsent of chief fish warden prohibited; erection of fishways.

 

(a) No person shall erect or place, or cause to be erected orplaced, any net, trotline, or any similar obstruction across any river, creek,pond, or lake so as to prevent the free passage of the fish up, down, orthrough the water except with the consent and under the direction of the chieffish warden.

 

(b) The commission may erect or cause to be erected andmaintained fishways or ladders on any dam or other structures across any streamof the state, when a fishway or ladder is necessary for the uninterruptedpassage of fish up and down the stream.

 

(c) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-3-204. Substances and devices to take or destroy fish or obstructwaterways prohibited.

 

(a) No person shall take or destroy fish in Wyoming by usingany poison or deleterious drug, electrical device, chemical, explosive, or anysimilar substance or device except by commission order.

 

(b) No person shall allow any refuse or substance to pass intoany public water:

 

(i) Which drives away or is injurious to fish, or wildlife; or

 

(ii) Which obstructs the natural flow, channels, or condition ofany stream or body of water.

 

(c) Violation of this section constitutes a high misdemeanorpunishable as provided in W.S. 23-6-202(a)(ii).

 

23-3-205. Shipment of fish; game tags; when required.

 

(a) No person shall ship or transport or receive for shipmentor transportation any game fish either within or without the state except asprovided in subsection (b).

 

(b) Any person lawfully taking any game fish in this state mayship not to exceed one (1) limit in a single container no oftener than once aweek if a Wyoming interstate game tag is affixed to the container. Nointerstate game tag is required for the transportation of one (1) limit of fishin the possession of a properly licensed fisherman.

 

(c) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

ARTICLE 3 - WILDLIFE PROVISIONS

 

23-3-301. Importation and sale of wildlife prohibited; exceptions.

 

(a) No person shall import into Wyoming from any source anyliving antelope, bear, deer, elk, moose, mountain goat, mountain lion, bighornsheep, wolf, wolf hybrid nor any living wildlife except as otherwise permittedby this act.

 

(b) No person shall sell any living antelope, bear, deer, elk,moose, mountain goat, mountain lion, bighorn sheep, wolf, wolf hybrid or falconexcept as permitted by the commission.

 

23-3-302. Sale, disposition or acquisition of edible portion of gameanimals, game birds or game fish.

 

Noperson shall sell, barter, or dispose of for pecuniary consideration oradvantage, or obtain by sale or barter any edible portion of any game animal,game bird or game fish in this state except as permitted by this act.

 

23-3-303. Waste of edible portion of game bird, fish or animal, excepttrophy game animal, prohibited; abandonment of meat at meat processing plant.

 

(a) No person shall take and leave, abandon or allow any gamebird, game fish, or game animal except trophy game animal, or edible portion,to intentionally or needlessly go to waste.

 

(b) The failure of any person to properly dress and care forany big game animal killed by that person, and, if the carcass is reasonablyaccessible, within forty-eight (48) hours to take or transport the carcass tothe camp of that person, and there properly care for the carcass, is primafacie evidence of a violation of subsection (a).

 

(c) No person shall abandon meat from a big game animal or gamebird at a meat processing plant. Unless there is an express agreement betweenthe processing plant and the person providing otherwise, any person leavingmeat from a big game animal or game bird at a meat processing plant for morethan forty-five (45) days is prima facie evidence of a violation of thissubsection if written notice of the expiration of time has been attempted bythe processing plant in accordance with rules and regulations promulgated bythe game and fish department. The owner or operator in charge of any meatprocessing plant shall immediately report a violation of this subsection to anyenforcement personnel of the department. Notwithstanding any other provision ofthis act, the owner of the meat processing plant is entitled to the proceeds ofsale of any meat confiscated under this subsection up to the amount ofreasonable processing or storage charges following a conviction under thissubsection or a reasonable time after the violation is reported. If thedepartment has been unsuccessful in selling the confiscated meat within thirty(30) days following the reported violation, the department may dispose of themeat as it deems appropriate.

 

23-3-304. Certain trapping devices unlawful; game for bait prohibited;baiting big game animals prohibited; penalties.

 

(a) No person shall take or wound any game animal, game bird,or game fish by use of any pit, pitfall, net, trap, deadfall, poison, or othersimilar device except as otherwise provided. 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, gray wolves may be taken with a trap or snare only as allowed by andin accordance with rules and regulations of the commission.

 

(b) No person shall take a game animal, game bird, or gamefish, and use any parts thereof, for bait to trap or poison any wildlife ofWyoming.

 

(c) Violation of this section constitutes a high misdemeanorpunishable as provided in W.S. 23-6-202(a)(ii).

 

(d) No person shall place any bait for the purpose of taking abig game animal nor shall any person knowingly take a big game animal by theuse of any bait that has been deposited, placed, distributed or scattered in amanner to constitute a lure, attraction or enticement to, on or over the areawhere any hunter is taking big game animals. Nothing in this subsection shall:

 

(i) Apply to normal or accepted agricultural managementpractices;

 

(ii) Prohibit taking big game animals over stored and standingcrops, salt, mineral or other feed scattered solely as a result of normal andaccepted agricultural practices;

 

(iii) Apply to the placement, distribution, depositing or scatteringof bait, as approved by the game and fish commission, for the taking of biggame animals by any legally blind person, person confined to a wheelchair orperson hunting with a license issued pursuant to W.S. 23-1-705(j).

 

(e) As used in subsection (d) of this section, "bait"means the direct or indirect placing, exposing, depositing, distributing orscattering of salt, hay, grain, fruit, nuts or chemical, mineral or other feedas an attraction or enticement for big game animals, regardless of the kind andquantity. A chemical used as an attractant or mask rather than for consumptionshall not be considered "bait".

 

(f) Repealed By Laws 2007, Ch. 62, 2.

 

23-3-305. Hunting from highway; entering enclosed property withoutpermission; penalty; hunting at night without permission prohibited.

 

(a) No person shall hunt, shoot, or attempt to kill anywildlife from any public road or highway.

 

(b) No person shall enter upon the private property of anyperson to hunt, fish, or trap without the permission of the owner or person incharge of the property. Violation of this subsection constitutes a lowmisdemeanor punishable as provided in W.S. 23-6-202(a)(v).

 

(c) No person shall fire any firearm from, upon, along, oracross any public road or highway.

 

(d) No person knowingly shall fire any rifle from the enclosedlands of one person onto or across the enclosed lands of another without thepermission of both persons.

 

(e) No person shall hunt at night upon privately owned orleased lands except with written permission of the landowner or lessee.

 

23-3-306. Use of aircraft, automobiles, motorized and snow vehiclesand artificial light for hunting or fishing prohibited; exception; penalties.

 

(a) No person shall harass, pursue, hunt, shoot, or kill any Wyomingwildlife except predatory animals with, from, or by use of any aircraft,automotive vehicle, trailer, motor-propelled wheeled vehicle, or vehicledesigned for travel over snow. No person shall use any aircraft, to aid in thetaking of any Wyoming wildlife, except predatory animals, whether by spottingor locating the wildlife, communicating with any person attempting to take thewildlife, or by providing other aid to any person taking the wildlife. Nothingin this subsection shall apply to the use of any aircraft by governmentalagencies, their employees, contractors or designees performing any lawfulduties. The commission may exempt handicapped hunters from any provision ofthis subsection.

 

(b) No person shall take any wildlife with the aid of or byusing any artificial light or lighting device except that predators may betaken with the aid of an artificial light or lighting device by:

 

(i) A public officer authorized to control predators;

 

(ii) A landowner, resident manager, or person with thelandowner's or a resident manager's written permission, on land under thelandowner's control for the protection of his property.

 

(c) It is prima facie evidence of a violation of subsection (b)of this section if a person uses an artificial light in an area which may beinhabited by wildlife while having in his possession and control any device fortaking wildlife.

 

(d) Nothing in this section shall prohibit the hunting on footof raccoon with the aid of a handlight provided the hunter is accompanied by araccoon hunting dog and if hunting on private lands, has the written permissionof the landowner or his agent.

 

(e) Violation of this section constitutes a high misdemeanorpunishable as provided in W.S. 23-6-202(a)(ii).

 

23-3-307. Hunting while intoxicated or under influence of controlledsubstance prohibited.

 

(a) No person shall carry a firearm with a cartridge therein,or take any wildlife in Wyoming, while intoxicated or under the influence ofcontrolled substance as defined in the Wyoming Controlled Substances Act of1971 or amendments thereto.

 

(b) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-3-308. Check stations; duty of hunters and fishermen to report.

 

(a) Every hunter or fisherman entering or leaving areas forwhich check stations have been established shall stop and report at the checkstation if the check station is on the hunter's or fisherman's route to andfrom the hunting or fishing area.

 

(b) Game or fish licensees must produce their licenses and anygame animals, game birds, fish, or furbearing animals in their possession forinspection upon request of any authorized department representative.

 

(c) Check stations shall be manned by department personnel inuniform including insignia and badge.

 

(d) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-3-309. Intentional feeding of elk; penalty.

 

(a) No person shall intentionally attract or feed any elk by depositing,placing, distributing or scattering feed that results in commingling withlivestock.

 

(b) Nothing in this section shall prohibit:

 

(i) Any normal or accepted agricultural management practice;

 

(ii) Any elk feeding program authorized or conducted by thedepartment;

 

(iii) Any legal form of baiting elk as authorized by commissionrule and regulation;

 

(iv) Any feeding of elk for the purpose of reducing theopportunity for contact with livestock when undertaken with prior notice to thedepartment;

 

(v) Any feeding of elk outside a brucellosis surveillance areadesignated pursuant to Wyoming livestock board rules and regulations.

 

(c) A first violation of this section constitutes a lowmisdemeanor punishable as provided in W.S. 23-6-202(a)(v). A second orsubsequent violation of this section constitutes a high misdemeanor punishableas provided in W.S. 23-6-202(a)(ii).

 

ARTICLE 4 - MISCELLANEOUS ACTS PROHIBITED

 

23-3-401. Commercial operation or business without license prohibited.

 

Noperson shall engage in any commercial operation or business authorized underthis act without the proper license.

 

23-3-402. Violation of commission order prohibited.

 

Anyperson who violates any lawful order of the commission is guilty of a lowmisdemeanor punishable as provided in W.S. 23-6-202(a)(v).

 

23-3-403. False swearing, fraud or false statement prohibited.

 

(a) No person shall procure or attempt to procure any licenseor tag under this act by false swearing, fraud, or false statement of any kindor in any form.

 

(b) Violation of this section constitutes a high misdemeanorpunishable as provided in W.S. 23-6-202(a)(ii).

 

23-3-404. Tanneries not to receive game specimens unless tagged;records.

 

(a) No person shall deliver to any tannery, nor shall anytannery receive any game specimen unless tagged with a Wyoming game tag exceptas otherwise provided. Violation of this subsection constitutes a lowmisdemeanor punishable as provided in W.S. 23-6-202(a)(v).

 

(b) Tanneries by keeping records required by the commission mayreceive, purchase, store, handle, ship, sell, transport, and deliver any hidefrom cloven hoof big game animals, either within or without Wyoming, withouttagging the hide with a Wyoming game tag.

 

23-3-405. Interference with lawful taking of wildlife prohibited;penalties; damages; injunction.

 

(a) No person shall with the intent to prevent or hinder thelawful taking of any wildlife:

 

(i) Interfere with the lawful taking of or the process oflawfully taking any wildlife;

 

(ii) Engage in any activity intended to threaten or otherwiseaffect the behavior of any wildlife.

 

(b) A violation of subsection (a) of this section constitutes alow misdemeanor as punishable as provided in W.S. 23-6-202(a)(v).

 

(c) Any person failing to obey an order of any peace officer toimmediately desist from conduct in violation of subsection (a) of this sectionis guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

 

(d) Any organization or association which counsels or solicitsits members or others to violate subsection (a) of this section is guilty of amisdemeanor punishable by a fine of not more than ten thousand dollars($10,000.00). Each subsequent violation of this subsection shall be punishableby a fine of not more than fifty thousand dollars ($50,000.00).

 

(e) In addition to penalties imposed under this section, anyperson who has suffered injury by reason of the conduct of any person violatingthis section is entitled to recover damages in a civil action. Actual damagesrecoverable may include, but are not limited to expenditures for licenses,travel, outfitters and guides and special equipment and supplies to the extentthe expenditures are rendered futile by the person's conduct in violation ofthis section. If the trier of fact finds that the unlawful conduct wasmalicious, it may award punitive damage to the injured party.

 

(f) Upon petition to the district court by any affected partyand upon a showing that conduct in violation of this section is threatened orhas occurred and under similar circumstances would likely reoccur, the courtmay enjoin conduct which would be in violation of this section.

 

(g) This section shall:

 

(i) Not apply to any land lessee, permittee or any employeethereof engaged in the performance of work-related activities;

 

(ii) Not apply to any landowner or his agent engaged in anyactivity on his own private property.

 

(h) As used in subsection (a) of this section, "process oflawfully taking" means travel, camping and other acts preparatory totaking wildlife if occurring on lands or water upon which the affected personmay legally take the wildlife.

 

23-3-406. Attempting to take simulated wildlife decoy; penalty.

 

(a) No person shall discharge a firearm or other hunting implementat a simulated wildlife decoy in violation of any law or regulation withrespect to the hunting or taking of the wildlife being simulated when the decoyis being used by a certified peace officer.

 

(b) As used in this section, "decoy" does not includea simulation that possesses extraordinary characteristics unusual for a typicalmember of the wildlife species being simulated.

 

(c) Upon conviction for violation of this section, the penaltyshall be the same as prescribed for the unlawful taking of the actual wildlifebeing simulated excluding penalties provided under W.S. 23-3-102(d).

 

23-3-407. Remote hunting prohibited.

 

(a) No person shall operate, provide, sell or use or offer tooperate, provide, sell or use any computer software or service that allows aperson, not physically present, to remotely control a firearm or weapon to huntany live wildlife or animal.

 

(b) A violation of subsection (a) of this section constitutes alow misdemeanor punishable as provided in W.S. 23-6-202(a)(v).