State Codes and Statutes

Statutes > Wyoming > Title23 > Chapter5

CHAPTER 5 - GAME BIRD FARMS; FISHING PRESERVES

 

ARTICLE 1 - GAME BIRD FARMS

 

23-5-101. Compliance with provisions prerequisite to establishment ofgame bird farm.

 

Anyperson who owns, or any person who holds or controls fee land, by lease orotherwise which holding, controlling or lease shall be for a period of five (5)years beyond the time of compliance with this act, any continuous tract of landwithin the state suitable for game birds upon complying with the provisions ofthis act, may, establish, operate and maintain a game bird farm for the purposeof breeding, propagating, killing, hunting, and selling game birds.

 

23-5-102. Department to issue licenses.

 

Thedepartment shall issue licenses for game bird farms, and for the propagation,breeding, possession, use, releasing, killing, hunting, and sale of licensedbirds therefrom.

 

23-5-103. Applicant for license to file verified declaration.

 

Anowner or lessee desiring to establish, operate, and maintain a game bird farmin conformity with this act shall file with the department a verifieddeclaration, describing the purpose for, and proposed methods of breeding,propagating, hunting and sale of licensed game birds and setting forth thenumber of acres embraced in the tract to be so used, together with the legaldescription of the tract.

 

23-5-104. Investigation of applicant; issuance of license; purchase orreplacement of birds; marking of birds.

 

(a) Upon the filing of the declaration the department shallinvestigate and require the applicant to produce satisfactory evidence of thefacts stated in the declaration. The licensee shall purchase or replace to thestate all game birds within the boundaries of the proposed farm and to effectthis purpose, the department shall appoint one (1) man, the applicant one (1)man, and these two (2) shall select a third man, the three (3) to act as aboard to go upon the lands embraced within the proposed license and determineas nearly as possible the number of wild game birds occupying the proposedtract. The determination shall be made within thirty (30) days after the dateof the application for a license. The necessary expense of all of the membersof the board shall be paid by the licensee. Within thirty (30) days after thedate of the determination of the number of occupying game birds the licenseeshall pay to the department a specified sum per bird as determined by thedepartment or replace to the state an equivalent number of birds.

 

(b) The department shall issue a license to the applicantdescribing the lands, and certifying that the licensee is lawfully entitled touse the lands for the breeding, propagating, hunting, killing, and selling oflicensed game birds thereon according to the provisions of this act if uponsuch examination it appears:

 

(i) The applicant is the owner or lessee of the lands;

 

(ii) The applicant intends in good faith to establish, operate,and maintain a commercial game bird farm, and raise and release additional gamebirds into the wild;

 

(iii) The area to be licensed is enclosed by a legal fence andposted as a "private game bird farm"; and

 

(iv) The applicant has paid to the department the specified sumfor game birds on the premises or replaced to the state an equivalent number ofgame birds.

 

(c) When a license has been granted, the licensee becomes theowner of all offspring of the game birds actually produced and remainingthereon. No person shall entice game birds into the licensed premises bybaiting, artificial feeding or by any other means. All adult game birdsreleased on the licensed premises shall be marked by identifying leg or wingbands. After three (3) years of continuous operation and licensure for thesame location, the licensee shall not be required to mark adult game birds withidentifying leg or wing bands. To be qualified as a licensee under this act,each licensee shall release a minimum of one hundred (100) game birds each yearon the licensed premises. Failure to release the minimum number of birds iscause for revocation of the license. The commission shall not limit by rule andregulation or policy the number of game birds a licensee may raise, possess,confine, transport or dispose of in accordance with the provisions of thischapter.

 

23-5-105. License fee; expiration; renewal of license.

 

Applicantsfor the license shall pay the proper fee. The license expires on February 1 ofeach year, but may be renewed each year in the discretion of the departmentupon the payment of the proper fee.

 

23-5-106. Rights of licensee generally.

 

Thegame bird farm license is prima facie evidence in all courts and proceedings ofthe lawful right of the licensee therein named, his or its successor orassigns, for the term of license, to establish and operate a game bird farmupon the premises, and entitles the licensee therein named or his successors orassigns, to the exclusive right for and during the term to breed, propagate,hunt, kill, and sell the licensed game birds thereon. The licensee shall notshoot or kill over ninety-six percent (96%) of the birds reared or released onhis premises.

 

23-5-107. Receipt to be given for removal of birds from licensedpremises.

 

Beforeany bird may be removed from the licensed premises, the licensee or operatorshall issue to the person removing birds a receipt. The receipt shall be datedand shall contain information as to the number of birds, the sex, and speciesbeing removed from the licensed premises.

 

23-5-108. Hunting restricted to established seasons; license required;exceptions.

 

(a) No person shall take game birds on any licensed game birdfarm area at any time except during the established season for game bird farmsand unless:

 

(i) The person has in his possession at the time a licenseauthorizing the hunting of game birds as required under this act or a specialbird license; or

 

(ii) The person is participating in a special competitive gamebird hunt as defined by commission regulation conducted on a licensed game birdfarm.

 

23-5-109. Special bird license; fee; license not required ofcommercial purchasers.

 

Allgame bird farm licensees are authorized selling agents of the commission, mayissue a special bird license on forms prescribed by the commission to anyperson who does not have in his possession a license authorizing the hunting ofgame birds as required by this act, and shall comply with all provisions ofthis act. Special bird licenses are valid for a period of three (3) days fromthe date of issuance and valid for use only on the premises of the licenseeselling the license. The appropriate fee for the special bird license shall bepaid to the department. The licensee may charge such additional fee for hispersonal services as he feels his operations may dictate, or he may selldirectly to a commercial operator or restaurant operator, live or dressed gamebirds without their having to be killed by the purchaser, provided they areproperly receipted, in which case the purchaser is not required to possess avalid game bird hunting license.

 

23-5-110. Season required; exceptions.

 

Gamebird farms shall have a season commencing the first day of August and endingthe last day of March. Each initial application or annual application forrenewal shall submit the opening and closing dates of the season for approvalby the commission. Special competitive game bird hunts as defined bycommission regulation may take place throughout the year with the approval ofthe department.

 

ARTICLE 2 - FISHING PRESERVES

 

23-5-201. Department authorized to issue licenses.

 

Thedepartment upon application and payment of the proper fee shall issue licensesfor fishing preserves permitting the acquisition, possession, and rearing offish therein.

 

23-5-202. "Fishing preserve waters" defined.

 

"Fishingpreserve waters" means any artificial or man-made body of water notexceeding one hundred (100) surface acres, lying wholly within the boundariesof privately owned lands, operated for the purpose of permitting the owner toprovide fishing facilities for fishermen. It does not include natural streams,natural ponds or waters impounded by the damming of natural streams with anormal stream flow in excess of five (5) second feet. It is unlawful to usesuch natural waters as a fishing preserve. The sources of water for fishingpreserve waters are limited to surface runoff, natural springs, wells, orwaters lawfully diverted from a natural stream, or the damming of naturalstreams with a normal stream flow of five (5) second feet or less.

 

23-5-203. Issuance of license; separate license required for each bodyof water; contents of license.

 

(a) The department shall, after application and payment of theproper fee, issue to an owner of fishing preserve waters a fishing preservelicense permitting the holder to manage the fishing preserve waters and topossess, rear and to take or permit others to take therefrom, fish acquiredfrom any legal source. A separate license is required for each body of water definedin this act as fishing preserve waters. Two (2) or more ponds under one (1)ownership, supplied by one (1) common water source and located on one (1)continuous parcel of land, shall be considered as one (1) body of waterrequiring one (1) license.

 

(b) The license so issued shall:

 

(i) Specify the species of fish authorized to be stockedtherein;

 

(ii) Specify the source of acquisition of fish stocked therein;

 

(iii) Specify the means, if any, to be used to trap the fishbelow the licensed waters.

 

23-5-204. Permission to take fish from licensed waters; fee or dues;fishing license not required; receipts for removal of fish.

 

Anylicensee, during the term of his license, may grant permission to other personsto take fish in or from the licensed fishing preserve waters and to charge afee for fishing, or if a club, to impose dues permitting such angling bymembers of the club. No fishing license is required to fish in any licensedfishing preserve waters. The licensee shall issue a receipt to any personremoving fish from licensed premises. The receipt shall be provided by thedepartment.

 

State Codes and Statutes

Statutes > Wyoming > Title23 > Chapter5

CHAPTER 5 - GAME BIRD FARMS; FISHING PRESERVES

 

ARTICLE 1 - GAME BIRD FARMS

 

23-5-101. Compliance with provisions prerequisite to establishment ofgame bird farm.

 

Anyperson who owns, or any person who holds or controls fee land, by lease orotherwise which holding, controlling or lease shall be for a period of five (5)years beyond the time of compliance with this act, any continuous tract of landwithin the state suitable for game birds upon complying with the provisions ofthis act, may, establish, operate and maintain a game bird farm for the purposeof breeding, propagating, killing, hunting, and selling game birds.

 

23-5-102. Department to issue licenses.

 

Thedepartment shall issue licenses for game bird farms, and for the propagation,breeding, possession, use, releasing, killing, hunting, and sale of licensedbirds therefrom.

 

23-5-103. Applicant for license to file verified declaration.

 

Anowner or lessee desiring to establish, operate, and maintain a game bird farmin conformity with this act shall file with the department a verifieddeclaration, describing the purpose for, and proposed methods of breeding,propagating, hunting and sale of licensed game birds and setting forth thenumber of acres embraced in the tract to be so used, together with the legaldescription of the tract.

 

23-5-104. Investigation of applicant; issuance of license; purchase orreplacement of birds; marking of birds.

 

(a) Upon the filing of the declaration the department shallinvestigate and require the applicant to produce satisfactory evidence of thefacts stated in the declaration. The licensee shall purchase or replace to thestate all game birds within the boundaries of the proposed farm and to effectthis purpose, the department shall appoint one (1) man, the applicant one (1)man, and these two (2) shall select a third man, the three (3) to act as aboard to go upon the lands embraced within the proposed license and determineas nearly as possible the number of wild game birds occupying the proposedtract. The determination shall be made within thirty (30) days after the dateof the application for a license. The necessary expense of all of the membersof the board shall be paid by the licensee. Within thirty (30) days after thedate of the determination of the number of occupying game birds the licenseeshall pay to the department a specified sum per bird as determined by thedepartment or replace to the state an equivalent number of birds.

 

(b) The department shall issue a license to the applicantdescribing the lands, and certifying that the licensee is lawfully entitled touse the lands for the breeding, propagating, hunting, killing, and selling oflicensed game birds thereon according to the provisions of this act if uponsuch examination it appears:

 

(i) The applicant is the owner or lessee of the lands;

 

(ii) The applicant intends in good faith to establish, operate,and maintain a commercial game bird farm, and raise and release additional gamebirds into the wild;

 

(iii) The area to be licensed is enclosed by a legal fence andposted as a "private game bird farm"; and

 

(iv) The applicant has paid to the department the specified sumfor game birds on the premises or replaced to the state an equivalent number ofgame birds.

 

(c) When a license has been granted, the licensee becomes theowner of all offspring of the game birds actually produced and remainingthereon. No person shall entice game birds into the licensed premises bybaiting, artificial feeding or by any other means. All adult game birdsreleased on the licensed premises shall be marked by identifying leg or wingbands. After three (3) years of continuous operation and licensure for thesame location, the licensee shall not be required to mark adult game birds withidentifying leg or wing bands. To be qualified as a licensee under this act,each licensee shall release a minimum of one hundred (100) game birds each yearon the licensed premises. Failure to release the minimum number of birds iscause for revocation of the license. The commission shall not limit by rule andregulation or policy the number of game birds a licensee may raise, possess,confine, transport or dispose of in accordance with the provisions of thischapter.

 

23-5-105. License fee; expiration; renewal of license.

 

Applicantsfor the license shall pay the proper fee. The license expires on February 1 ofeach year, but may be renewed each year in the discretion of the departmentupon the payment of the proper fee.

 

23-5-106. Rights of licensee generally.

 

Thegame bird farm license is prima facie evidence in all courts and proceedings ofthe lawful right of the licensee therein named, his or its successor orassigns, for the term of license, to establish and operate a game bird farmupon the premises, and entitles the licensee therein named or his successors orassigns, to the exclusive right for and during the term to breed, propagate,hunt, kill, and sell the licensed game birds thereon. The licensee shall notshoot or kill over ninety-six percent (96%) of the birds reared or released onhis premises.

 

23-5-107. Receipt to be given for removal of birds from licensedpremises.

 

Beforeany bird may be removed from the licensed premises, the licensee or operatorshall issue to the person removing birds a receipt. The receipt shall be datedand shall contain information as to the number of birds, the sex, and speciesbeing removed from the licensed premises.

 

23-5-108. Hunting restricted to established seasons; license required;exceptions.

 

(a) No person shall take game birds on any licensed game birdfarm area at any time except during the established season for game bird farmsand unless:

 

(i) The person has in his possession at the time a licenseauthorizing the hunting of game birds as required under this act or a specialbird license; or

 

(ii) The person is participating in a special competitive gamebird hunt as defined by commission regulation conducted on a licensed game birdfarm.

 

23-5-109. Special bird license; fee; license not required ofcommercial purchasers.

 

Allgame bird farm licensees are authorized selling agents of the commission, mayissue a special bird license on forms prescribed by the commission to anyperson who does not have in his possession a license authorizing the hunting ofgame birds as required by this act, and shall comply with all provisions ofthis act. Special bird licenses are valid for a period of three (3) days fromthe date of issuance and valid for use only on the premises of the licenseeselling the license. The appropriate fee for the special bird license shall bepaid to the department. The licensee may charge such additional fee for hispersonal services as he feels his operations may dictate, or he may selldirectly to a commercial operator or restaurant operator, live or dressed gamebirds without their having to be killed by the purchaser, provided they areproperly receipted, in which case the purchaser is not required to possess avalid game bird hunting license.

 

23-5-110. Season required; exceptions.

 

Gamebird farms shall have a season commencing the first day of August and endingthe last day of March. Each initial application or annual application forrenewal shall submit the opening and closing dates of the season for approvalby the commission. Special competitive game bird hunts as defined bycommission regulation may take place throughout the year with the approval ofthe department.

 

ARTICLE 2 - FISHING PRESERVES

 

23-5-201. Department authorized to issue licenses.

 

Thedepartment upon application and payment of the proper fee shall issue licensesfor fishing preserves permitting the acquisition, possession, and rearing offish therein.

 

23-5-202. "Fishing preserve waters" defined.

 

"Fishingpreserve waters" means any artificial or man-made body of water notexceeding one hundred (100) surface acres, lying wholly within the boundariesof privately owned lands, operated for the purpose of permitting the owner toprovide fishing facilities for fishermen. It does not include natural streams,natural ponds or waters impounded by the damming of natural streams with anormal stream flow in excess of five (5) second feet. It is unlawful to usesuch natural waters as a fishing preserve. The sources of water for fishingpreserve waters are limited to surface runoff, natural springs, wells, orwaters lawfully diverted from a natural stream, or the damming of naturalstreams with a normal stream flow of five (5) second feet or less.

 

23-5-203. Issuance of license; separate license required for each bodyof water; contents of license.

 

(a) The department shall, after application and payment of theproper fee, issue to an owner of fishing preserve waters a fishing preservelicense permitting the holder to manage the fishing preserve waters and topossess, rear and to take or permit others to take therefrom, fish acquiredfrom any legal source. A separate license is required for each body of water definedin this act as fishing preserve waters. Two (2) or more ponds under one (1)ownership, supplied by one (1) common water source and located on one (1)continuous parcel of land, shall be considered as one (1) body of waterrequiring one (1) license.

 

(b) The license so issued shall:

 

(i) Specify the species of fish authorized to be stockedtherein;

 

(ii) Specify the source of acquisition of fish stocked therein;

 

(iii) Specify the means, if any, to be used to trap the fishbelow the licensed waters.

 

23-5-204. Permission to take fish from licensed waters; fee or dues;fishing license not required; receipts for removal of fish.

 

Anylicensee, during the term of his license, may grant permission to other personsto take fish in or from the licensed fishing preserve waters and to charge afee for fishing, or if a club, to impose dues permitting such angling bymembers of the club. No fishing license is required to fish in any licensedfishing preserve waters. The licensee shall issue a receipt to any personremoving fish from licensed premises. The receipt shall be provided by thedepartment.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title23 > Chapter5

CHAPTER 5 - GAME BIRD FARMS; FISHING PRESERVES

 

ARTICLE 1 - GAME BIRD FARMS

 

23-5-101. Compliance with provisions prerequisite to establishment ofgame bird farm.

 

Anyperson who owns, or any person who holds or controls fee land, by lease orotherwise which holding, controlling or lease shall be for a period of five (5)years beyond the time of compliance with this act, any continuous tract of landwithin the state suitable for game birds upon complying with the provisions ofthis act, may, establish, operate and maintain a game bird farm for the purposeof breeding, propagating, killing, hunting, and selling game birds.

 

23-5-102. Department to issue licenses.

 

Thedepartment shall issue licenses for game bird farms, and for the propagation,breeding, possession, use, releasing, killing, hunting, and sale of licensedbirds therefrom.

 

23-5-103. Applicant for license to file verified declaration.

 

Anowner or lessee desiring to establish, operate, and maintain a game bird farmin conformity with this act shall file with the department a verifieddeclaration, describing the purpose for, and proposed methods of breeding,propagating, hunting and sale of licensed game birds and setting forth thenumber of acres embraced in the tract to be so used, together with the legaldescription of the tract.

 

23-5-104. Investigation of applicant; issuance of license; purchase orreplacement of birds; marking of birds.

 

(a) Upon the filing of the declaration the department shallinvestigate and require the applicant to produce satisfactory evidence of thefacts stated in the declaration. The licensee shall purchase or replace to thestate all game birds within the boundaries of the proposed farm and to effectthis purpose, the department shall appoint one (1) man, the applicant one (1)man, and these two (2) shall select a third man, the three (3) to act as aboard to go upon the lands embraced within the proposed license and determineas nearly as possible the number of wild game birds occupying the proposedtract. The determination shall be made within thirty (30) days after the dateof the application for a license. The necessary expense of all of the membersof the board shall be paid by the licensee. Within thirty (30) days after thedate of the determination of the number of occupying game birds the licenseeshall pay to the department a specified sum per bird as determined by thedepartment or replace to the state an equivalent number of birds.

 

(b) The department shall issue a license to the applicantdescribing the lands, and certifying that the licensee is lawfully entitled touse the lands for the breeding, propagating, hunting, killing, and selling oflicensed game birds thereon according to the provisions of this act if uponsuch examination it appears:

 

(i) The applicant is the owner or lessee of the lands;

 

(ii) The applicant intends in good faith to establish, operate,and maintain a commercial game bird farm, and raise and release additional gamebirds into the wild;

 

(iii) The area to be licensed is enclosed by a legal fence andposted as a "private game bird farm"; and

 

(iv) The applicant has paid to the department the specified sumfor game birds on the premises or replaced to the state an equivalent number ofgame birds.

 

(c) When a license has been granted, the licensee becomes theowner of all offspring of the game birds actually produced and remainingthereon. No person shall entice game birds into the licensed premises bybaiting, artificial feeding or by any other means. All adult game birdsreleased on the licensed premises shall be marked by identifying leg or wingbands. After three (3) years of continuous operation and licensure for thesame location, the licensee shall not be required to mark adult game birds withidentifying leg or wing bands. To be qualified as a licensee under this act,each licensee shall release a minimum of one hundred (100) game birds each yearon the licensed premises. Failure to release the minimum number of birds iscause for revocation of the license. The commission shall not limit by rule andregulation or policy the number of game birds a licensee may raise, possess,confine, transport or dispose of in accordance with the provisions of thischapter.

 

23-5-105. License fee; expiration; renewal of license.

 

Applicantsfor the license shall pay the proper fee. The license expires on February 1 ofeach year, but may be renewed each year in the discretion of the departmentupon the payment of the proper fee.

 

23-5-106. Rights of licensee generally.

 

Thegame bird farm license is prima facie evidence in all courts and proceedings ofthe lawful right of the licensee therein named, his or its successor orassigns, for the term of license, to establish and operate a game bird farmupon the premises, and entitles the licensee therein named or his successors orassigns, to the exclusive right for and during the term to breed, propagate,hunt, kill, and sell the licensed game birds thereon. The licensee shall notshoot or kill over ninety-six percent (96%) of the birds reared or released onhis premises.

 

23-5-107. Receipt to be given for removal of birds from licensedpremises.

 

Beforeany bird may be removed from the licensed premises, the licensee or operatorshall issue to the person removing birds a receipt. The receipt shall be datedand shall contain information as to the number of birds, the sex, and speciesbeing removed from the licensed premises.

 

23-5-108. Hunting restricted to established seasons; license required;exceptions.

 

(a) No person shall take game birds on any licensed game birdfarm area at any time except during the established season for game bird farmsand unless:

 

(i) The person has in his possession at the time a licenseauthorizing the hunting of game birds as required under this act or a specialbird license; or

 

(ii) The person is participating in a special competitive gamebird hunt as defined by commission regulation conducted on a licensed game birdfarm.

 

23-5-109. Special bird license; fee; license not required ofcommercial purchasers.

 

Allgame bird farm licensees are authorized selling agents of the commission, mayissue a special bird license on forms prescribed by the commission to anyperson who does not have in his possession a license authorizing the hunting ofgame birds as required by this act, and shall comply with all provisions ofthis act. Special bird licenses are valid for a period of three (3) days fromthe date of issuance and valid for use only on the premises of the licenseeselling the license. The appropriate fee for the special bird license shall bepaid to the department. The licensee may charge such additional fee for hispersonal services as he feels his operations may dictate, or he may selldirectly to a commercial operator or restaurant operator, live or dressed gamebirds without their having to be killed by the purchaser, provided they areproperly receipted, in which case the purchaser is not required to possess avalid game bird hunting license.

 

23-5-110. Season required; exceptions.

 

Gamebird farms shall have a season commencing the first day of August and endingthe last day of March. Each initial application or annual application forrenewal shall submit the opening and closing dates of the season for approvalby the commission. Special competitive game bird hunts as defined bycommission regulation may take place throughout the year with the approval ofthe department.

 

ARTICLE 2 - FISHING PRESERVES

 

23-5-201. Department authorized to issue licenses.

 

Thedepartment upon application and payment of the proper fee shall issue licensesfor fishing preserves permitting the acquisition, possession, and rearing offish therein.

 

23-5-202. "Fishing preserve waters" defined.

 

"Fishingpreserve waters" means any artificial or man-made body of water notexceeding one hundred (100) surface acres, lying wholly within the boundariesof privately owned lands, operated for the purpose of permitting the owner toprovide fishing facilities for fishermen. It does not include natural streams,natural ponds or waters impounded by the damming of natural streams with anormal stream flow in excess of five (5) second feet. It is unlawful to usesuch natural waters as a fishing preserve. The sources of water for fishingpreserve waters are limited to surface runoff, natural springs, wells, orwaters lawfully diverted from a natural stream, or the damming of naturalstreams with a normal stream flow of five (5) second feet or less.

 

23-5-203. Issuance of license; separate license required for each bodyof water; contents of license.

 

(a) The department shall, after application and payment of theproper fee, issue to an owner of fishing preserve waters a fishing preservelicense permitting the holder to manage the fishing preserve waters and topossess, rear and to take or permit others to take therefrom, fish acquiredfrom any legal source. A separate license is required for each body of water definedin this act as fishing preserve waters. Two (2) or more ponds under one (1)ownership, supplied by one (1) common water source and located on one (1)continuous parcel of land, shall be considered as one (1) body of waterrequiring one (1) license.

 

(b) The license so issued shall:

 

(i) Specify the species of fish authorized to be stockedtherein;

 

(ii) Specify the source of acquisition of fish stocked therein;

 

(iii) Specify the means, if any, to be used to trap the fishbelow the licensed waters.

 

23-5-204. Permission to take fish from licensed waters; fee or dues;fishing license not required; receipts for removal of fish.

 

Anylicensee, during the term of his license, may grant permission to other personsto take fish in or from the licensed fishing preserve waters and to charge afee for fishing, or if a club, to impose dues permitting such angling bymembers of the club. No fishing license is required to fish in any licensedfishing preserve waters. The licensee shall issue a receipt to any personremoving fish from licensed premises. The receipt shall be provided by thedepartment.

 

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