WYCODE

Editor's notes. — Laws 2018, ch. 89, § 2, provides: “Licenses issued under title 23 of the Wyoming statutes before January 1, 2019, shall expire in accordance with the applicable provisions of law existing prior to amendment by this act.”

Laws 2018, ch. 89, § 3, provides: “Before January 1, 2019, the game and fish commission shall promulgate rules on license expirations and reservations of unused limited quota, full price big or trophy game animal licenses consistent with and in order to fully implement the requirements of section 1 of this act that become effective on January 1, 2019.”

Law reviews. —

For article, “Protecting the Wildlife Resources of National Parks from External Threats,” see XXII Land & Water L. Rev. 1 (1987).

For article, “The Endangered Species Act and Private Property,” see XXXII Land & Water L. Rev. 479 (1997).

For article, “Cooperative Ecosystem Management: Can an Ecosystem Approach Succeed in Wyoming?” see XXXII Land & Water L. Rev. 629 (1997).

For case note, “Environmental Law — Can NEPA and ESA Work Together? Designations of Critical Habitat for an Endangered Species Must Fulfill National Environmental Policy Act Requirements. Catron County Board of County Commissioners v. United States Fish and Wildlife Service, 75 F.3d 1429, 1996 U.S. App. LEXIS 1479 (10th Cir. 1996),” see XXXII Land & Water L. Rev. 677 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of state wildlife possession laws, 50 ALR5th 703.

Necessity and sufficiency of environmental impact statements under § 102(2)(C)) of National Environmental Policy Act of 1969 (42 USC § 4332(2)(C) in cases involving hunting, fishing and related projects, 74 ALR Fed 852.

Chapter 1 Administration

Joint resolution. —

Laws 2001, House Joint Resolution No. 1, §§ 1 through 3, requests that Congress not reintroduce threatened or endangered species into the state of Wyoming without the consent and approval of the state and without providing the necessary funding.

Laws 2001, Senate Joint Resolution No. 4, §§ 1 through 4, requests that Congress establish a Northern Rocky Mountain Grizzly Bear and Gray Wolf Management Trust to fund the management of these wildlife populations and provide compensation payment for losses incurred by individuals and entities made by state and federal entities arising out of continuing management of grizzly bear and gray wolf populations in the Northern Rocky Mountain region. The legislature requests the U.S. Congress to fund the corpus of the trust with a minimum of $40,000,000 by January 1, 2003 and encourages that individuals, businesses, corporations, and organizations across the country to contribute to the corpus.

Laws 2002, Sp. Sess., Senate Joint Resolution No. 3, §§ 1 to 4, requests Congress to direct all federal authorities responsible for wolf reintroduction in the state to manage wolves so that the elk, moose and deer population, moose and deer habitats and elk feeding grounds are preserved and to annually reimburse the state for the loss of elk, moose and deer to wolves.

Law reviews. —

For article, “The Endangered Species Act and Private Property,” see XXXII Land & Water L. Rev. 479 (1997).

Article 1. General Provisions

Am. Jur. 2d, ALR and C.J.S. references. —

4 Am. Jur. 2d Animals §§ 1 to 90; 35A Am. Jur. 2d Fish and Game §§ 1, 2, 4, 5.

36A C.J.S. Fish § 1; 38 C.J.S. Game § 2.

§ 23-1-101. Definitions of wildlife. [See Editor's notes below.]

As used in this act:
1. “Big game animal” means antelope, bighorn sheep, deer, elk, moose or mountain goat;
2. “Exotic species” means any wild animals, including amphibians, reptiles, mollusks, crustaceans or birds not found in a wild, free or unconfined status in Wyoming;
3. “Furbearing animal” means badger, beaver, bobcat, marten, mink, muskrat or weasel;
4. “Game bird” means grouse, partridge, pheasant, ptarmigan, quail, wild turkey and migratory game birds;
5. “Game fish” means bass, catfish, crappie, grayling, burbot, northern pike, perch, salmon, sauger, sunfish, trout, walleye or whitefish unless the species is otherwise designated by the commission in specific waters through rule and regulation;
6. “Migratory game bird” means all migratory game birds defined and protected under federal law;
7. “Predacious bird” means English sparrow and starling;
8. “Predatory animal” means:
  1. Coyote, jackrabbit, porcupine, raccoon, red fox, skunk or stray cat; and
  2. Until the date gray 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 , “predatory animal” includes wolves. After that date, “predatory animal” shall include any gray wolf within areas of the state where the state of Wyoming has jurisdiction for wildlife management, but not within an area of the state in which the gray wolf is:
    1. Designated as a trophy game animal under subdivision (xii)(B)(I) or (II) of this subsection.
    2. Repealed by Laws 2012, ch. 25, § 2.
9. “Protected animal” means black-footed ferret, fisher, lynx, otter, pika or wolverine;
10. “Protected bird” means migratory birds as defined and protected under federal law;
11. “Small game animal” means cottontail rabbit or snowshoe hare, and fox, grey and red squirrels;
12. “Trophy game animal” means:
  1. Black bear, grizzly bear or mountain lion; and
  2. From and after the date gray 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 :
    1. “Trophy game animal” shall include any gray wolf within those tracts of land within the following described area: northwest Wyoming beginning at the junction of Wyoming Highway 120 and the Wyoming-Montana state line; southerly along Wyoming Highway 120 to the Greybull River; southwesterly up said river to the Wood River; southwesterly up said river to the Shoshone National Forest boundary; southerly along said boundary to the Wind River Indian Reservation boundary; westerly, then southerly along said boundary to the Continental Divide; southeasterly along said divide to the Middle Fork of Boulder Creek; westerly down said creek to Boulder Creek; westerly down said creek to the Bridger-Teton National Forest boundary; northwesterly along said boundary to its intersection with U.S. Highway 189-191; northwesterly along said highway to the intersection with U.S. Highway 26-89-191; northerly along said highway to Wyoming Highway 22 in the town of Jackson; westerly along said highway to the Wyoming-Idaho state line; north along said state line to the southern boundary of Yellowstone National Park; east and north along said boundary to the Wyoming-Montana state line; then east along said state line to Wyoming Highway 120;
    2. “Trophy game animal” shall include any gray wolf located, from October 15 through the last day of February in the subsequent year, within the following described area: beginning at the boundary described in subdivision (B)(I) of this paragraph, where the Bridger-Teton National Forest boundary intersects U.S. Highway 189-191 at Hoback Rim; westerly and then southerly along said forest boundary to its intersection with USFS Road 10125 (McDougal Gap Road); westerly along said road to USFS Road 10138 (Grey’s River Road); southerly along said road to Sheep Creek; westerly down said creek to Grey’s River; southwesterly up said river to Bear Creek; southwesterly up said creek to the hydrographic divide between Bear Creek and Willow Creek; west from said divide to USFS Road 10080 (Willow Creek Road); northwesterly along said road to Lincoln County Road 123; southerly along said road to USFS Road 10081 (Grover Park Road); southerly then westerly along said road to Lincoln County Road 172; westerly along said road to the junction with Wyoming Highway 237; westerly along said highway to Wyoming Highway 238; southerly along said highway to Lincoln County Road 134; westerly along said road to the Wyoming-Idaho state line; north along said state line to Wyoming Highway 22 where the boundary described in this subdivision will rejoin the boundary described in subdivision (B)(I) of this paragraph.
13. “Wildlife” means all wild mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks, and wild bison designated by the Wyoming game and fish commission and the Wyoming livestock board within Wyoming.
Repealed by Laws 2012, ch. 25, § 2.

History. Laws 1939, ch. 65, § 2; 1943, ch. 112, § 1; C.S. 1945, § 47-102; Laws 1957, ch. 45, §§ 1, 2; ch. 178, §§ 2, 3; W.S. 1957, § 23-1; Laws 1959, ch. 89, § 1; 1965, ch. 45, §§ 1, 2; ch. 184, §§ 4, 5; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-1; Laws 1979, ch. 63, § 2; ch. 140, § 1; 1989, ch. 23, § 2; 2003, ch. 115, § 2; 2007 ch. 168, § 3; 2009, ch. 169, § 1; 2012, ch. 25, §§ 1, 2; 2013, ch. 80, § 1.

Cross references. —

As to hunting and trapping licenses generally, see §§ 23-2-101 to 23-2-418 .

For regulatory provisions concerning birds and animals, see §§ 23-3-101 to 23-3-117 .

For regulatory provisions concerning fish, see §§ 23-3-201 to 23-3-205 .

For regulatory provision concerning wildlife, see §§ 23-3-301 to 23-3-308 .

For provisions concerning protection and propagation of fish, see §§ 23-4-101 to 23-4-104 .

As to game bird farms, see §§ 23-5-101 to 23-5-110 .

As to fishing preserves, see §§ 23-5-201 to 23-5-204 .

As to agriculture, livestock and other animals generally, see §§ 11-1-101 to 11-39-104 .

As to keeping fish out of irrigation systems, see § 41-5-106 .

As to use of water for conservation of fish and wildlife under Snake River Compact, see § 41-12-501 .

The 2007 amendment, updated internal references in (viii)(B)(II) and (xii)(B)(II) of a, rewrote (a)(xiii)(B)(I), and added (b).

The 2009 amendment, effective July 1, 2009, in (b), substituted “(a)(xii)(B)(I)” for “(a)(x)(B)(I).”

The 2012 amendment, in (a)(viii), added “within areas of the state where the state of Wyoming has jurisdiction for wildlife management, but” in the introductory language of (a)(viii)(B), added “or (II)” in (a)(viii)(B)(I), repealed former (a)(viii)(B)(II) which read: “Classified as a trophy game animal by the commission pursuant to W.S. 23-1-304(a)”; and in (a)(xii), changed the description of the areas within which “trophy game animal” shall include any gray wolf in (a)(xii)(B)(I) and (II); repealed former (b) which authorized the governor to direct the game and fish commission to adopt boundaries between the area in which the wolf is treated as a trophy game animal and where it is treated as a predator in order to achieve federal government delisting of the gray wolf; and made stylistic changes.

Laws 2012, ch. 25, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2012.

The 2013 amendment, substituted “burbot” for “ling” preceding “northern pike”; and added “unless the species is otherwise designated by the commission inspecific waters through rule and regulation” following “whitefish” in (a)(v).

Laws 2013, ch. 80, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8,Wyo Const. Approved February 27, 2013.

Editor's notes. —

Laws 2007, ch. 168, § 1, effective July 1, 2007, provides: “This act shall be effective only if W.S. 23-1-109 as created by this act is in effect in accordance with the provisions of that section. The legislative service office is authorized and directed to publish the provisions of this act in the manner which most effectively displays the contingencies provided in this act.”

Subdivisions (a)(viii)(B)(II) and (xii)(B)(I) and (II) of this section were amended and subsection (b) was added by 2007 Wyoming Session Laws, Chapter 168, which provided the act was effective on and after July 1, 2007 only upon certification by the Governor to the Secretary of State of the occurrence of specified acts. On February 27, 2008, in accordance with W.S. 23-1-109(f), the Governor filed with the Secretary of State his certification that all act necessary for House Enrolled Act 123 (2007 Wyoming Session Laws, Chapter 168) to become effective had occurred. 2012 Wyoming Session Laws, Chapter 25, Section 3, provided that the legislature found that the contingencies required by 2007 Wyoming Session Laws, Chapter 168, occurred and that the provisions became effective. 2012 Wyoming Session Laws, Chapter 25, further repealed subdivision (a)(viii)(B)(II) and subsection (b) and amended subdivisions (a)(xii)(B)(I) and (II).

Meaning of “this act.” —

For the definition of “this act,” referred to in the introductory language of subsection (a), see § 23-1-102 (a)(xiii).

Quoted in

O'Brien v. State, 711 P.2d 1144, 1986 Wyo. LEXIS 443 (Wyo. 1986); Wyoming Coalition v. Wyoming Game & Fish Comm'n, 875 P.2d 729, 1994 Wyo. LEXIS 74 (Wyo. 1994).

Stated in

Steil v. Smith, 901 P.2d 395, 1995 Wyo. LEXIS 149 (Wyo. 1995).

Cited in

Dorrance v. McCarthy, 957 F.2d 761, 1992 U.S. App. LEXIS 2129 (10th Cir. 1992).

Law reviews. —

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?” see XXI Land & Water L. Rev. 397 (1986).

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

For comments, “Are Ranchers Legitimately Trying to Save Their Hides or Are They Just Crying Wolf—What Issues Must Be Resolved Before Wolf Reintroduction to Yellowstone National Park Proceeds?,” see XXIX Land & Water L. Rev. 417 (1994).

For comment, “The Grizzly State of the Endangered Species Act: An Analysis of the ESA's Effectiveness in Conserving the Yellowstone Grizzly Bear Population,” see XXIX Land & Water L. Rev. 467 (1994).

For comment, “Reserving Wildlife for Resident Consumption: Is the Dormant Commerce Clause the Outfitters' White Knight?,” see XXXII Land & Water L. Rev. 125 (1997).

For article, “Cooperative Ecosystem Management: Can an Ecosystem Approach Succeed in Wyoming?” see XXXII Land & Water L. Rev. 629 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

Right of public to fish in stream notwithstanding objection by riparian owner, 47 ALR2d 381.

Right created by private grant or reservation to hunt on another's land, 49 ALR2d 1395.

Rights of fishing, etc., in inland lakes, 57 ALR2d 569.

Injunction against repeated or continuing trespasses by fishing, 60 ALR2d 310.

Criminal prosecution under Endangered Species Act of 1973 (16 USC §§ 1531— 1543.

§ 23-1-102. General definitions.

As used in this act:
1. “Commission” means the game and fish commission of Wyoming;
2. “Commissioner” means a member of the commission;
3. “Department” means the Wyoming game and fish department;
4. “Director” means the director of the department;
5. “Orders” means orders, rules and regulations;
6. “License” means license or permit;
7. “Take” means hunt, pursue, catch, capture, shoot, fish, seine, trap, kill, or possess, or attempt to hunt, pursue, catch, capture, shoot, fish, seine, trap, kill, or possess;
8. “Person” means an individual, partnership, corporation, company, any other type of association, and any agent or officer of any partnership, corporation, company, or other type of association;
9. “Resident” means a United States citizen or legal alien who meets the requirements specified in W.S. 23-1-107 and rules of the commission;
10. “Nonresident” means any person not a resident;
11. “State” means the state of Wyoming unless otherwise indicated;
12. The singular includes the plural, the plural the singular, and the masculine the feminine or neuter when consistent with the intent of this act and necessary to effect its purpose;
13. “This act” means W.S. 23-1-101 through 23-6-208 and any future amendments thereto;
14. “Commercial operation or business” means professional guides, outfitters, fur dealers, domesticators of furbearing animals, tanners, taxidermists, game bird farms, fishing preserves, commercial fish hatcheries, seiners, or dealers in live bait;
15. “Domicile” means that place where a person has his true, fixed and permanent home to which whenever the person is temporarily absent the person has the intention of returning. To prove domicile in Wyoming under this act a person shall be able to establish that he:
  1. Physically resides in Wyoming;
  2. Has made his permanent home in Wyoming;
  3. Is not residing in Wyoming for a special or temporary purpose; and
  4. Has abandoned his domicile in all other states, territories or countries.
16. “Livestock” means horses, mules and asses, rabbits, llamas, cattle, swine, sheep, goats, poultry, or other animal generally used for food or in the production of food or fiber, and guard animals actively engaged in the protection of livestock. Bison are considered livestock unless otherwise designated by the Wyoming livestock board and the commission;
17. “Home of record” means the place recorded, on military form DD 214, as the home of the individual at the time he enlisted, was commissioned or initially ordered to active duty in the military. The home of record may be changed only if there has been a break in service of one (1) full day;
18. “Electronic licensing” means a system for the issuance of licenses, stamps and tags as an alternative to issuing original paper licenses, stamps and tags. An electronic licensing system is a system in which the license, stamp or tag, or authorization therefor, is received through a point of sale terminal or through a computer.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-2; Laws 1979, ch. 50, § 1; 1989, ch. 24, § 1; 1991, ch. 254, § 1; 1996, ch. 121, § 2; 1998, ch. 83, § 2; 2000, ch. 48, § 2; 2003, ch. 115, § 2; 2004, ch. 124 § 2; 2006, ch. 9, § 1.

The 2004 amendment, effective January 1, 2005, rewrote the definitions for “resident” and “domicile,” (a)(ix) and (a)(xv), respectively; and added (a)(xvii).

The 2006 amendment, added (a)(xviii).

Laws 2006, ch. 9, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2006.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

“Person.” —

Outfitter was a “person” within meaning of § 23-3-303 , since “person” includes a corporation, company, or other type of association. Billings v. Wyoming State Bd. of Outfitters & Professional Guides, 837 P.2d 84, 1992 Wyo. LEXIS 124 (Wyo. 1992).

To violate § 23-3-303(a), the same “person” who took the animal must also allow it to go to waste. Billings v. Wyoming State Bd. of Outfitters & Professional Guides, 837 P.2d 84, 1992 Wyo. LEXIS 124 (Wyo. 1992).

Quoted in

Powell v. Daily, 712 P.2d 356, 1986 Wyo. LEXIS 448 (Wyo. 1986); State v. Shunneson, 743 P.2d 1275, 1987 Wyo. LEXIS 521 (Wyo. 1987).

Library references. —

American Law of Mining, 2nd Edition § 175.14 (Matthew Bender).

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

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

History. Laws 1939, ch. 65, § 1; C.S. 1945, § 47-101; W.S. 1957, § 23-2; Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-5; Laws 1975, ch. 83, § 1; 2003, ch. 115, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

The Equal Protection Clause. —

Because economic regulations burdening property rights are afforded only rational relationship scrutiny and the state can demonstrate the legitimate justification of conservation for its licensing scheme, this section meets equal protection requirements. Clajon Prod. Corp. v. Petera, 70 F.3d 1566, 1995 U.S. App. LEXIS 32528 (10th Cir. Wyo. 1995).

Summary judgment against ranch owner challenging private ownership ban was error, where the ranch owner presented evidence that created genuine issues of material fact as to whether the ban's burden on interstate commerce was “clearly excessive in relation to the putative local benefits.” Dorrance v. McCarthy, 957 F.2d 761, 1992 U.S. App. LEXIS 2129 (10th Cir. Wyo. 1992).

Applied in

O'Brien v. State, 711 P.2d 1144, 1986 Wyo. LEXIS 443 (Wyo. 1986).

Cited in

Wyoming Coalition v. Wyoming Game & Fish Comm'n, 875 P.2d 729, 1994 Wyo. LEXIS 74 (Wyo. 1994).

Law reviews. —

For article, “Wyoming Land and the Law One Hundred Years After Statehood — A Perspective,” see XXVI Land & Water L. Rev. 33 (1991).

For comment, “Reserving Wildlife for Resident Consumption: Is the Dormant Commerce Clause the Outfitters' White Knight?,” see XXXII Land & Water L. Rev. 125 (1997).

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

All federal game preserves and sanctuaries now existing, or hereafter created, are state game animal, bird and fish preserves for the purposes of this act.

History. Laws 1939, ch. 65, § 44; C.S. 1945, § 47-217; W.S. 1957, § 23-89; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-4.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

Am. Jur. 2d, ALR and C.J.S. references. —

Right to kill game in defense of person or property, 93 ALR2d 1366.

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

The state consents to the acquisition by the United States by purchase, gift, devise, or lease of land or land covered by water in the amount of twenty thousand (20,000) acres in the Seedskadee area in Sweetwater county where approved by the commission and the state land board. The acquisition shall be as the United States may deem necessary for the establishment and maintenance of migratory bird refuges in accordance with and for the purposes of the act of congress approved February 18, 1929 entitled “Migratory Bird Conservation Act,” 16 U.S.C. §§ 715 through 715s, and amendments thereto, and the act of congress entitled “Migratory Bird Hunting Stamp Act,” 16 U.S.C. §§ 718 through 718k and amendments thereto.
The land or land under water may be used by the United States as refuge for migratory birds. Wyoming reserves full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control of the areas by the United States under the terms of the acts of congress stated herein. If the land or land under water is purchased by the United States, the deed shall contain a clause that in the event the land or land under water ceases to be used as a migratory bird refuge, it shall revert to the state.
The owner of any land to be acquired under this section is entitled to reserve all oil, gas, coal or other minerals owned by him in or upon the land together with the right to enter upon the land for exploration, development, and production of oil, gas, coal, or other minerals.

History. Laws 1959, ch. 162, §§ 1, 2; W.S. 1957, §§ 23-7.1, 23-7.2; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-5; Laws 2006, ch. 114, § 1.

The 2006 amendment, in (a), substituted “16 U.S.C. §§ 715 through 715s” for “(Public Law 770, 70th congress),” deleted “approved March 16, 1934” preceding “thereto, and the act of congress,” substituted “16 U.S.C. §§ 718 through 718k” for “(Public Law 124, 73rd congress),” and made stylistic changes.

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

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

Subject to acceptance by the United States fish and wildlife service of the provisions contained in this section, the state consents to the acquisition by the United States by purchase, gift, devise or lease of land or land covered by water along the Bear river or in the Bear river area in Lincoln county as provided in subsection (f) of this section. The acquisition shall be as the United States may deem necessary for the establishment and maintenance of migratory bird refuges in accordance with and for the purposes of the act of congress approved February 18, 1929 entitled “Migratory Bird Conservation Act”, 16 U.S.C. §§ 715 through 715s, P.L. 70-770, the act of congress approved March 16, 1934 entitled “Migratory Bird Hunting Stamp Act”, 16 U.S.C. §§ 718 through 718k, and the act of congress approved September 3, 1964 entitled “Land and Water Conservation Fund Act of 1965”, 16 U.S.C. §§ 460l-4-460l-11, P.L. 88-578, as these acts are amended as of January 1, 1989. Wyoming reserves full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection and control of the areas by the United States under the acts of congress specified in this subsection except as provided in subsection (d) of this section.
The acquisition of land or interests in land shall be conducted on a willing seller-willing buyer basis and eminent domain shall not be utilized as a land acquisition method except where a landowner and the United States mutually agree in writing to a quiet title action. Unless otherwise negotiated in any arms-length agreements, an owner of land or land under water to be acquired under this section is entitled to reserve all oil, gas, coal or other minerals owned by him in or upon the land together with the right to enter upon the land for exploration, development and production of oil, gas, coal or other minerals.
The board of land commissioners is authorized to enter into agreements to sell, lease or otherwise negotiate interests in state land with the United States. State-owned land or land under water located within the project may be purchased or leased by the United States as a refuge for migratory birds, except that oil, gas, coal and other minerals shall be reserved by the state. If any state-leased land or land under water ceases to be used as a migratory bird refuge, the lease shall be cancelled and the interests reverted to the state.
Consent to the acquisition of land by the United States for the purpose of this section is conditioned upon the United States executing appropriate agreements with the state engineer which state:
1. The United States shall comply with state water law, including the amended Bear River Compact [§ 41-12-101 ] and rules and regulations of the state engineer and the state board of control, in acquiring and exercising water rights for any and all beneficial uses related to the refuge;
2. No rights to use of water shall be implied by the creation of the refuge, and nothing in this section shall be construed as establishing a reserved water right for the United States;
3. No water rights shall be condemned to provide water for the refuge; and
4. Historic use practices shall be addressed.
Consent of the state for acquisition of land under this section shall not be interpreted as consent to the development of the refuge.
The consent provided in subsection (a) of this section is limited to lands acquired by the United States prior to January 1, 2017 consisting of approximately seven thousand (7,000) acres.

History. Laws 1989, ch. 81, § 1; 2006, ch. 114, § 1; 2017, ch. 207, § 1.

The 2006 amendment, in (a), substituted “§§ 715 through 715s” for “§ 715-715r,” and substituted “§§ 718 through 718k” for “§ 718-718h.”

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2017 amendment, in (a) deleted “in the amount of twenty-seven thousand (27,000) acres” following “covered by water” and added “as provided in subsection of (f) of this section” in the first sentence; and added (f).

Editor's notes. —

16 U.S.C. 715-715r, referred to in (a), now appears at 16 U.S.C. 715-715s. 16 U.S.C. 718-718h, also referred to in (a), now appears as 16 U.S.C. 718-718k.

Conflicting legislation. —

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

Except as otherwise provided in this section, to qualify for any resident game and fish license, preference point, permit or tag issued under this act, a person shall be domiciled in Wyoming for not less than one (1) full year immediately preceding the date the person applies for the license, preference point, permit or tag and shall not have claimed residency in any other state, territory or country for any purpose during that one (1) year period.
Each person applying for a license, preference point, permit or tag under this act shall establish his own residency status independently or as provided in this subsection or subsection (g) of this section. A minor dependent shall qualify as a resident if:
1. His custodial parent qualifies as a resident under this act; or
2. His noncustodial parent qualifies as a resident under this act and the minor is or will be residing in this state with the noncustodial parent during any portion of the calendar year in which the license, permit or stamp is to be used or in the case of a preference point the calendar year in which the preference point is to be accumulated.
A person other than a minor dependent qualifying under subsection (b) of this section, shall lose his residency in Wyoming if he moves to another state, territory or country and makes it his domicile, or makes any claim of residency for any purpose to that state, territory or country. Provided he does not claim residency in any other state, territory or country for any purpose, a person shall not gain or lose residency in Wyoming merely by reason of his presence in or absence from the state while:
1. Temporarily employed in the service of the United States;
2. A patient at a hospital or institution; or
3. Serving full time for a period not to exceed four (4) years in an established volunteer service program for religious, charitable or humanitarian purposes.
A person shall lose his residency in Wyoming if he resides in any other state, territory or country for an aggregate of one hundred eighty (180) days or more in a calendar year, unless he qualifies as a resident under subsection (b), (c), (e) or (f) of this section. A person who resides in any other state, territory or country other than Wyoming, for less than an aggregate of one hundred eighty (180) days in a calendar year, may maintain residency in Wyoming under this act only if he qualifies as a resident under subsection (b), (c), (e) or (f) of this section or if:
1. The person had originally established residency by being domiciled for one (1) full year in Wyoming prior to leaving the state for a temporary purpose;
2. The person’s domicile or established, fixed and permanent home consists of real property situated in Wyoming. A mailing address is not sufficient evidence of domicile or a permanent home. Mere ownership of real property is not sufficient evidence to establish domiciliary intent;
3. The person is absent from Wyoming on a temporary basis and has the intention of returning to the state; and
4. The person makes no claim for residency in any other state, territory or country for any purpose during the time the person is absent from Wyoming.
A person may remain a Wyoming resident while attending school in another state, territory or country if:
1. The person does not pay resident tuition fees; and
2. The person continues to maintain Wyoming residency and does not claim residency in any other state, territory or country for any purpose.
Any active duty member of the armed forces of the United States who has been stationed in Wyoming for ninety (90) days shall qualify as a resident under this section so long as the member remains stationed in Wyoming. Any person serving in active military duty in any other state, territory or country, may maintain resident status if the person:
1. Is not a civilian employee of the military;
2. Makes no claim of residency in any other state, territory or country for any purpose; and
3. Was a resident of Wyoming when he entered the military service and Wyoming remains his declared home of record or the person:
  1. Makes no current claim of residency in any other state, territory or country for any purpose;
  2. Has established his home of record in Wyoming; and
  3. Has maintained his voter registration in Wyoming.
The spouse and minor dependents of a person qualifying as a resident under subsection (f) of this section shall qualify as resident for the same periods unless they have made a claim of residency in any other state, territory or country for any purposes during those periods.
An applicant shall provide proof of residency and swear to an oath of residency when making application for, or attempting to purchase, a resident license, preference point, permit or tag under this act. License selling agents and the department shall consider as documentary evidence of residency any of the following:
1. A Wyoming driver’s license, identification card issued under title 31 of the Wyoming statutes, or a copy thereof;
2. A copy of the applicant’s school records or military form DD 214, which indicates Wyoming as the applicant’s domicile and home of record;
3. A proof of residency statement on a form provided by the department that has been completed and signed by the applicant. Any active duty member of the armed forces, his spouse or minor dependent of the active duty member making application for or purchasing a resident license, preference point, permit or tag shall be required to complete and submit the proof of residency statement; or
4. A minor dependent may use as proof of residency the documentary evidence of his parent or legal guardian.
The commission may promulgate rules and regulations in accordance with the Wyoming Administrative Procedure Act to ensure that only bona fide Wyoming residents as defined in this act are issued resident game and fish licenses, preference points, permits and tags.

History. Laws 2004, ch. 124, § 1; 2006, ch. 75, § 1.

The 2006 amendment, Laws 2006, ch. 75, § 1, amends this section effective August 1, 2006, by adding (c)(iii), and making related changes.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Repeals and recreations. —

Laws 2004, ch. 124, § 1, effective January 1, 2005, repealed and recreated former § 23-1-107 , relating to residency for obtaining game and fish licenses, as present § 23-1-107 .

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

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

History. Laws 2003, ch. 115, § 1.

Prospective operation. —

Laws 2003, ch. 115, § 3, directs that nothing in the act is to prohibit the ownership of a wolf hybrid if the animal was owned before the effective date of the act by a person then residing in the state.

Legislative intent. —

Laws 2003, ch. 115, § 4(a) through (c), as amended by Laws 2007, ch. 168, § 4, provides:

“(a) It is the purpose of this act, unless the introduction of the gray wolf into Wyoming is determined by lawful authorities not to have been in accordance with federal law, to provide appropriate state management and control of gray wolves in order to facilitate the removal of the gray wolf from its listing as an experimental nonessential population, endangered species or threatened species in Wyoming and to prevent future listing of the gray wolf as an experimental nonessential population, endangered species or threatened species.

“(b) In providing appropriate state management and control of gray wolves, the state acknowledges the need to fill the current vacuum of management of this species within the state. The state retains all rights to investigate and, if determined by state officials to be appropriate, take legal actions against the federal government relating to the introduction of the gray wolf into the boundaries of this state.

“(c) In order to accomplish the purposes of this act, the game and fish commission shall enter into a memorandum of understanding with appropriate federal agencies under which the commission and federal agencies shall endeavor to manage the prey base for gray wolves in a manner to maintain a sufficient prey base in Yellowstone National Park, Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway within the state for at least eight (8) breeding pairs of wolves. The game and fish commission shall endeavor to manage big game populations providing a prey base for seven (7) breeding pairs of gray wolves in all other areas of the state in such a manner as to mitigate to the greatest extent possible, adverse effects on opportunities for licensed hunters to take big game.”

§ 23-1-109. [Repealed.]

Repealed by Laws 2012, ch. 25, § 2.

Editor's notes. —

This section which derived from Laws 2007, ch. 168, § 2, related to state management of gray wolves.

Laws 2012, ch. 25, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2012.

Article 2. Game and Fish Commission

Am. Jur. 2d, ALR and C.J.S. references. —

35A Am. Jur. 2d Fish and Game § 44.

36A C.J.S. Fish § 26; 38 C.J.S. Game §§ 45, 46.

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

The Wyoming game and fish commission is continued in existence.
The commission shall be composed of eight (8) members including the governor as an ex officio member. Not more than seventy-five percent (75%) of the appointed commissioners shall be of the same political party, and all appointed commissioners shall have a general knowledge of wildlife and wildlife propagation, management, and control.
Commencing in 1973, a commissioner shall be appointed from each appointment district pursuant to W.S. 9-1-218 .
Commissioners shall be appointed by the governor with the advice and consent of the senate for a term of six (6) years to commence March 1, except the first term for two (2) appointees shall be two (2) years and for two (2) appointees shall be four (4) years as designated by the governor prior to submission to the senate. Terms of current appointees are ratified and continued in existence until terms of new appointees under this section become effective. The governor shall fill any vacancy as provided in W.S. 28-12-101 .
Each commissioner shall execute and file the oath of office as prescribed by the Wyoming constitution with the secretary of state.

History. Laws 1939, ch. 65, §§ 4, 9; 1943, ch. 112, § 2; C.S. 1945, §§ 47-104, 47-109; Laws 1953, ch. 55, § 1; 1955, ch. 127, § 1; W.S. 1957, §§ 23-9, 23-14; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-6; Laws 1977, ch. 21, § 2; 1979, ch. 17, § 2; 2016, ch. 119, § 1.

Cross references. —

As to general powers and duties of commission, see §§ 23-1-301 to 23-1-303 .

As to constitutional oath of office, see art. 6, §§ 20, 21, Wyo. Const.

The 2016 amendment , effective July 1, 2016, substituted “seventy-five percent of the” for “four (4) of the seven (7)” in the second sentence of (b).

Editor's notes. —

Laws 1973, ch. 249, § 5, made the act effective upon passage. Approved March 9, 1973.

Laws 2016, ch. 119, § 2 state as follows: “Nothing in this act shall be deemed to affect the current term of any member of any authority, board, commission, committee or council. The governor shall make appointments in accordance with this act for any vacancy occurring on or after the effective date of this act.”

Stated in

O'Brien v. State, 711 P.2d 1144, 1986 Wyo. LEXIS 443 (Wyo. 1986); County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

Cited in

Parker Land and Cattle Company v. Wyoming Game and Fish Commission, 845 P.2d 1040, 1993 Wyo. LEXIS 15 (Wyo. 1993).

Law reviews. —

For comment, “Reserving Wildlife for Resident Consumption: Is the Dormant Commerce Clause the Outfitters' White Knight?,” see XXXII Land & Water L. Rev. 125 (1997).

§ 23-1-202. Removal of members.

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

History. Laws 1939, ch. 65, § 5; C.S. 1945, § 47-105; W.S. 1957, § 23-10; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-7; Laws 1987, ch. 175, § 1.

§ 23-1-203. Compensation and expenses.

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

History. Laws 1939, ch. 65, § 6; 1943, ch. 112, § 3; C.S. 1945, § 47-106; W.S. 1957, § 23-11; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-8; 2003, ch. 43, § 1.

Article 3. General Powers and Duties of the Commission

Am. Jur. 2d, ALR and C.J.S. references. —

16 Am. Jur. 2d Constitutional Law §§ 313 to 384; 35A Am. Jur. 2d Fish and Game §§ 48, 53, 56.

36A C.J.S. Fish §§ 28, 30, 36; 38 C.J.S. Game §§ 45 to 60.

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

The commission shall have its principal office at Cheyenne. The members of the commission shall meet during March of each year for election of officers. Those elected shall hold office for one (1) year or until their successors are chosen. Other meetings of the commission may be held at such times and places as the commission deems desirable or necessary. Unless waived by all commissioners, the members of the commission shall be notified of the time and place of meetings by written notice.
A majority of the commission constitutes a quorum to transact business. The presiding officer of the commission has the authority to maintain order in all meetings.

History. Laws 1939, ch. 65, §§ 7, 8; C.S. 1945, §§ 47-107, 47-108; Laws 1955, ch. 43, § 1; W.S. 1957, §§ 23-12, 23-13; Laws 1959, ch. 161, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-9; Laws 1997, ch. 10, § 1.

§ 23-1-302. Powers and duties. [See Editor's notes below.]

History. Laws 1939, ch. 65, §§ 10, 11; 1943, ch. 112, § 4; C.S. 1945, §§ 47-110, 47-111; W.S. 1957, §§ 23-15, 23-16; Laws 1971, ch. 29, §§ 1, 2; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-10; Laws 1974, ch. 16, § 2; 1975, ch. 83, § 1; 1979, ch. 63, § 2; 1981, ch. 169, § 1; 1985, ch. 53, § 1; ch. 173, § 1; 1986, Sp. Sess., ch. 4, § 1; 1988, ch. 79, § 11; 1992, ch. 3, § 1; 1996, ch. 121, § 2; 1997, ch. 128, § 2; 1999, ch. 92, § 1; ch. 120, § 1; 2003, ch. 68, § 1; ch. 115, § 2; ch. 117, § 1; 2005, ch. 35, § 1; 2006, ch. 9, § 1; ch. 114, § 1; 2007 ch. 168, § 3; 2009, ch. 1, § 1, ch. 118, § 1; 2010, ch. 7, § 1; 2011, ch. 197, § 1; 2012, ch. 25, § 1; 2013, ch. 54, § 2; ch. 55, § 1; 2019, ch. 122, § 1; ch. 131, § 1; ch. 86, § 1; 2020, ch. 48, § 1; ch. 108, § 1; 2021, ch. 97, § 2.

Cross references. —

As to a trust account within the Wyoming game and fish fund, see § 23-1-501 .

As to enforcement generally, see §§ 23-6-101 to 23-6-111 .

The 2005 amendment, effective July 1, 2005, rewrote (a)(v), which formerly read: “To sell or exchange land, water, or other property which is no longer of any practical use to the commission.”

The 2006 amendments. —

The first 2006 amendment, by ch. 9, § 1, rewrote (a)(xiv) by adding the language referring to electronic licensing and stamps; and added (o).

The second 2006 amendment, by ch. 114, § 1, added “and” in (a)(xxviii); and made a related change.

Pursuant to the conflicting laws provision, both of these amendments have been given effect in this section as set out above.

The 2007 amendment, added “or as necessary to carry out the commission's duties under this act” at the end of (a)(xxix).

The 2009 amendments. —

The first 2009 amendment, by ch. 1, § 1, effective July 1, 2009, added (a)(xxx) and made a related change.

The second 2009 amendment, by ch. 118, § 1, effective July 1, 2009, added (a)(xxxi).

This section is set out as reconciled by the Wyoming legislative service office.

The 2010 amendment, effective July 1, 2010, inserted “including providing for season extensions for hunters with disabilities as established by commission rules and regulation” in (a)(i).

The 2011 amendment, effective July 1, 2011, added (b)(iii).

The 2012 amendment, added “with the exception of gray wolves” in (a)(ii); and substituted “set seasons and bag limits for gray wolves designated as trophy game animals pursuant to W.S. 23-1-101(a)(xii)(B)(I) and (II)” for “classify gray wolves as predatory or trophy game animals in accordance with W.S. 23-1-304 ” in (a)(xxix).

The 2013 amendments. —

The first 2013 amendment, by ch. 54, § 2, repealed former (m)(i), which read: “Upon application of a disabled licensed hunter, be issued to an individual designated by the licensed hunter in accordance with the requirements established under this subsection.”

Laws 2013, ch. 54, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 15, 2013.

The second 2013 amendment, by ch. 55, § 1, effective July 1, 2013, added (p).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2019 amendment, effective July 1, 2019, in (a)(xxxi), substituted "west of Interstate 90 from the Wyoming-Montana state line to Buffalo and west of Interstate 25 from Buffalo to the Wyoming-Colorado state line any time during the year, subject to the provisions for bighorn sheep horns in W.S. 23-3-117 " for "west of the Continental Divide any time between January 1 and May 1 of each year."

The 2020 amendments. —

The first 2020 amendment, by ch. 48, § 1, effective January 1, 2021, in (j) added “plus any amount collected under W.S. 23-2-101(p)” following “this title annually.”

The second 2020 amendment, by ch. 108, § 1, effective July 1, 2020, added (r).

This section is set out as reconciled by the Wyoming legislative service office.

The 2021 amendment , effective July 1, 2021, substituted "elk subject to the requirements imposed under W.S. 23 1 305, and other" for "the" in (a)(ix).

Editor's notes. —

Paragraph (a)(xxix) of this section was amended by 2007 Wyoming Session Laws, Chapter 168, which provided the act was effective on and after July 1, 2007 only upon certification by the Governor to the Secretary of State of the occurrence of specified acts. On February 27, 2008, in accordance with W.S. 23-1-109(f), the Governor filed with the Secretary of State his certification that all act necessary for House Enrolled Act 123 (2007 Wyoming Session Laws, Chapter 168) to become effective had occurred. 2012 Wyoming Session Laws, Chapter 25, Section 3, provided that the legislature found that the contingencies required by 2007 Wyoming Session Laws, Chapter 168, occurred and that the provisions became effective. 2012 Wyoming Session Laws, Chapter 25, further amended paragraph (a)(xxix) of this section.

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Meaning of “this act.” —

For the definition of “this act,” referred in subsections (a) and (m), see § 23-1-102(a)(xiii).

Conflicting legislation. —

Constitutionality. —

This section is constitutional, and it does not manifest an unconstitutional delegation of legislative power. It is justified by sufficiently identifiable general standards together with procedural safeguards that inhibit any unlawful, arbitrary, or capricious rulemaking by the Wyoming Coalition v. Wyoming Game & Fish Comm'n, 875 P.2d 729, 1994 Wyo. LEXIS 74 (Wyo. 1994).

The takings clause. —

Wyoming game and fish department regulation providing for a two-license limit on supplemental hunting licenses issued to large landowners does not require the state to reimburse property owners; the regulation does not deprive the land of all economic benefit so as to effect an unconstitutional regulatory taking. Clajon Prod. Corp. v. Petera, 70 F.3d 1566, 1995 U.S. App. LEXIS 32528 (10th Cir. Wyo. 1995).

Power to direct game warden to kill game does not prevent landowner from protecting property. —

Where a landowner had made a great many complaints to the game and fish commission concerning damage to his property by wild game, former W.S. 1957, § 23-15 (f) (similar to subsection (a)(viii) of this section) was held not to be such a remedy as precluded his killing such animals while they were damaging his property. Cross v. State, 370 P.2d 371, 1962 Wyo. LEXIS 78 (Wyo. 1962).

Expense of fence not a claim for damages. —

Arbitrators exceeded their authority when they compensated a landowner for the construction of a stack yard fence the landowner had constructed as a measure to avoid further damage by wildlife; this expense was not a claim for damage within § 23-1-901 .Wyoming Game & Fish Comm'n v. Thornock, 851 P.2d 1300, 1993 Wyo. LEXIS 89 (Wyo. 1993).

Stated in

O'Brien v. State, 711 P.2d 1144, 1986 Wyo. LEXIS 443 (Wyo. 1986).

Law reviews. —

For article, “Transfer of Water Rights — Errata and Addenda — Sales for Recreational Purposes and to Districts,” see II Land & Water L. Rev. 321 (1967).

For comment, “Statutory Recognition of Instream Flow Preservation: A Proposed Solution for Wyoming,” see XVII Land & Water L. Rev. 139 (1982).

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?” see XXI Land & Water L. Rev. 397 (1986).

For comment, “Wyoming's New Instream Flow Act: An Administrative Quagmire,” see XXI Land & Water L. Rev. 455 (1986).

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

For comment, “Reserving Wildlife for Resident Consumption: Is the Dormant Commerce Clause the Outfitters' White Knight?,” see XXXII Land & Water L. Rev. 125 (1997).

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

All orders of the commission shall be written and the original signed by the presiding officer of the commission. Copies of the orders shall be signed by facsimile signature of the presiding officer of the commission.
All persons authorized to sell licenses and tags shall deliver upon request a copy of the order to each purchaser of a license or tag.
When any commission order closes any area of land, lake, or stream from hunting or fishing, a concise description of the area, lake, or stream closed shall be posted in the manner and place determined by the commission to be adequate notice of the closure.
Repealed by Laws 1989, ch. 200, § 2.
Rules and regulations of the commission and department shall be promulgated in accordance with the provisions of the Wyoming Administrative Procedure Act.

History. Laws 1939, ch. 65, § 92; C.S. 1945, § 47-533; W.S. 1957, § 23-18; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-11; Laws 1989, ch. 200, §§ 1, 2.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Severability. —

Law 1939, ch. 65, § 94, provides: “If any clause, sentence, paragraph, subdivision, section or part of this act be adjudged unconstitutional or invalid, such judgment shall not affect, impair, or invalidate any other part hereof, but judgment shall be confined in its operation to such clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which said judgment shall have been rendered.”

Repealing clauses. —

Laws 1939, ch. 65, § 95, provided that all acts and parts of acts in conflict herewith are hereby repealed.

§ 23-1-304. Classification of gray wolves.

The commission shall by rule and regulation set seasons and bag limits within those areas where gray wolves are designated as trophy game animals pursuant to W.S. 23-1-101(a)(xii)(B)(I) and (II). The seasons and bag limits shall be set annually in a manner the commission determines, through rule and regulation, as necessary to reasonably ensure at least ten (10) breeding pairs of gray wolves and a total of at least one hundred (100) individual gray wolves are located in this state outside of Yellowstone National Park and the Wind River Indian Reservation at the end of the current calendar year.
Repealed by Laws 2007, ch. 168, § 5.
For purposes of this section “breeding pair” means an adult male and an adult female gray wolf raising at least two (2) pups of the year until December 31. The number of breeding pairs shall be certified by the department prior to January 31 of each year.
The department shall institute and maintain an active program of population monitoring statewide subject to the following:
1. Population monitoring shall include techniques that accurately determine the population and movement of gray wolves in areas of the state where gray wolves are designated as trophy game animals;
2. The commission is authorized to enter into memoranda of understanding with the United States fish and wildlife service or other federal agencies to ensure accurate and adequate monitoring of wolf population levels and movements;
3. In all areas of the state, except where otherwise provided, any person who takes a wolf shall notify the department where the take occurred within ten (10) days;
4. In areas of the state where gray wolves are designated as trophy game animals, any person who takes a wolf shall notify the department of the take and where the take occurred within a time period set by rule and regulation, which shall not exceed seventy-two (72) hours;
5. In areas of the state where gray wolves are designated as trophy game animals, any person who takes a wolf shall submit the wolf or parts thereof, as defined by rule and regulation, to the department for inspection within a time period established by rule and regulation which will not exceed ten (10) days;
6. Any information regarding the number or nature of wolves legally taken within the state of Wyoming shall only be released in its aggregate form and no information of a private or confidential nature shall be released without the written consent of the person to whom the information may refer. Information identifying any person legally taking a wolf within this state is solely for the use of the department or appropriate law enforcement offices and is not a public record for purposes of W.S. 16-4-201 through 16-4-205 .
The department shall actively monitor big game animal herd populations statewide to determine whether and to what extent the gray wolf is negatively impacting big game animal herds, and thereby hunting opportunities. To the extent permitted by this title, and notwithstanding other provisions of this title by those means authorized by the commission, the department shall manage the gray wolf population as necessary to ensure the long-term health and viability of any big game animal herd that is being threatened in this state.
This section shall apply from and after the date gray 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 .
The commission is authorized, through rule and regulation, to use management techniques including the use of aerial hunting and hazing by the department and issuance of permits to private landowners to take wolves to protect private property including, but not limited to, livestock and other domesticated animals from wolf depredation.
Within forty-eight (48) hours of receiving notification from a landowner or his designee that any gray wolf in those areas of the state where gray wolves are designated as trophy game animals has harassed, injured, maimed or killed livestock or any domesticated animal, the department shall respond and initiate appropriate management actions. The department may use the management techniques authorized under subsection (g) of this section or any other management methods necessary, to minimize the harassing, injuring, maiming or killing of livestock and other domesticated animals in those areas of the state where gray wolves are designated as trophy game animals.
At any time that there exists the number of breeding pairs of gray wolves and the number of individual gray wolves specified in subsection (a) of this section, the department is authorized to take any action necessary to reduce the effects of gray wolf predation on wild ungulate herds in areas of the state experiencing unacceptable impacts from gray wolf predation.
The commission is authorized to enter into memoranda of understanding with any federal agency or other state’s wildlife agency to carry out any provision of this section and Wyoming’s wolf management plan, including the use of aerial hunting.
The commission shall promulgate rules and regulations authorizing lethal control of wolves harassing, injuring, maiming or killing livestock or other domesticated animals and for wolves occupying geographic areas where chronic wolf predation occurs. The rules and regulations shall provide that nonlethal control actions will be used if lethal control could cause relisting of wolves under the endangered species act or if requested by the livestock or domesticated animal owner or agent.
The commission shall promulgate rules and regulations providing for issuance of permits to landowners or livestock owners for removing wolves which are harassing, injuring, maiming or killing livestock or other domesticated animals and for wolves occupying geographic areas where chronic wolf predation occurs. Permits issued or renewed under this subsection shall be valid for not more than forty-five (45) days from issuance or renewal. The permits shall be issued as long as the removals authorized by such permits could not reduce the numbers of gray wolves below ten (10) breeding pairs or a total of one hundred (100) individual gray wolves within the state and outside of Yellowstone National Park and the Wind River Indian Reservation. The rules shall provide for suspending the issuance of permits or cancelling existing permits if further lethal control could cause the numbers of gray wolves to be reduced below ten (10) breeding pairs or a total of one hundred (100) individuals in the state outside of Yellowstone National Park and the Wind River Indian Reservation.
The commission shall promulgate rules and regulations establishing a fair compensation program to compensate for wolf predation on livestock as provided in W.S. 23-1-901 .
Repealed by Laws 2008, ch. 44, § 2.

History. Laws 2003, ch. 115, § 1; 2007, ch. 168, § 3; 2008, ch. 44, § 2; 2012, ch. 25, § 1.

The 2007 amendment, rewrote (a) and (c), added the second and third sentences of (f), added “and notwithstanding other provisions of this title by those means authorized by the commission” in the second sentence of (d), and added (g)-(p).

The 2008 amendment, repealed subsection (p), pertaining to the time limitation of October 1, 2007, of the director's report regarding the rules provided in this section.

The 2012 amendment, rewrote (a) to specify areas where gray wolves are designated as trophy game animals and providing for management for a minimum of breeding pairs and individual gray wolves; rewrote (d) amending authorized management techniques for controlling wolf populations; deleted “aggressive” after “to use” in (g); in (h), substituted “those areas of the state where gray wolves are designated as trophy game animals” for “the state,” added “an initiate appropriate management actions,” deleted “aggressive” after “may uses the,” and added “in those areas of the state where gray wolves are designated as trophy game animals” at the end; rewrote (j); substituted “authorizing” for “requiring” in (m); and rewrote (n).

Laws 2012, ch. 25, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2012.

Prospective operation. —

Legislative intent. —

Laws 2003, ch. 115, § 4(a) through (c), as amended by Laws 2007, ch. 168, § 4, provides:

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Subsections (a), (c), (d) and (e) of this section were amended, subsection (b) was repealed and subsections (g) through (p) were added by 2007 Wyoming Session Laws, Chapter 168, which provided the act was effective on and after July 1, 2007 only upon certification by the Governor to the Secretary of State of the occurrence of specified acts. On February 27, 2008, in accordance with W.S. 23-1-109(f), the Governor filed with the Secretary of State his certification that all act necessary for House Enrolled Act 123 (2007 Wyoming Session Laws, Chapter 168) to become effective had occurred. 2012 Wyoming Session Laws, Chapter 25, Section 3, provided that the legislature found that the contingencies required by 2007 Wyoming Session Laws, Chapter 168, occurred and that the provisions became effective. 2012 Wyoming Session Laws, Chapter 25, further amended subsections (a), (d), (h), (j), (m) and (n) of this section.

Relation to Endangered Species Act.

District court erred in vacating rule delisting gray wolf as endangered species in Wyoming on grounds that provision in state's management plan for additional buffer was not legally binding, as nothing in ESA demanded that level of certainty. FSA's decision to delist in absence of legal certainty was compatible with ESA's requirements for monitoring of species after delisting for at least five years and its emergency provisions authorizing DOI to take immediate action to ensure delisted species did not become threatened or endangered again. Defenders of Wildlife v. Zinke, 849 F.3d 1077, 428 U.S. App. D.C. 3, 2017 U.S. App. LEXIS 3825 (D.C. Cir. 2017).

Fish and Wildlife Service exercised its judgment in reasonable way in concluding that Wyoming's management plan, which explained how state intended to carry out its day-to-day implementation of its legal obligations, would adequately protect Wyoming's gray wolf population after delisting. Given Congress's direction that state conservation efforts must be considered, their consideration as part of state’s “regulatory mechanism” was hardly contrary to congressional intent. Defenders of Wildlife v. Zinke, 849 F.3d 1077, 428 U.S. App. D.C. 3, 2017 U.S. App. LEXIS 3825 (D.C. Cir. 2017).

Fish and Wildlife Service did not arbitrarily conclude that genetic connectively was currently sufficient and would remain so after delisting pf gray wolves in Wyoming. Nor did Service arbitrarily conclude that Wyoming's unregulated predator area was not significant portion of wolves' range. Defenders of Wildlife v. Zinke, 849 F.3d 1077, 428 U.S. App. D.C. 3, 2017 U.S. App. LEXIS 3825 (D.C. Cir. 2017).

§ 23-1-305. Closure of elk feedgrounds; alternative feeding sites; reporting requirement.

Except as authorized by subsection (b) of this section, any elk feedground authorized or administered by the commission as of July 1, 2021 and in accordance with W.S. 23-1-302(a)(ix), shall only permanently cease operations or be subject to closure by the department or commission upon a recommendation for a feedground closure by the commission and subsequent order of the governor. Any closure order issued by the governor shall only be valid and lawful upon satisfaction of the following conditions:
1. The commission shall provide its recommendation to the governor for the closure of the elk feedground and concurrently to the Wyoming livestock board. Upon receipt of the commission’s recommendation, the board shall provide its opinion to the governor on whether the board believes the closure of the elk feedground is appropriate;
2. The commission, in consultation with the Wyoming livestock board, shall conduct not less than one (1) public meeting in a location that is reasonably calculated to foster the most public participation by the people directly impacted by the proposed closure and by other vested stakeholders. The public meeting shall be held after the commission and the board have acted as required under paragraph (i) of this subsection. The commission shall compile the comments received as a result of the public meeting and provide those comments to the governor for the governor’s consideration on whether to issue an elk feedground closure order.
Any elk feedground authorized or administered by the commission may be temporarily closed by order of the governor due to emergency circumstances for a period not to exceed six (6) months after which the feedground shall only remain closed in accordance with subsection (a) of this section.
The commission is authorized to contract or lease private lands or lands owned by the state for the purpose of relocating an elk feedground authorized or administered under W.S. 23-1-302(a)(ix), which would otherwise be subject to closure under this section.
For any elk feedground authorized or administered under W.S. 23-1-302(a)(ix), which utilizes federal public lands, the department shall report to the joint travel, recreation, wildlife and cultural resources interim committee upon the department receiving notice that the federal authorization permitting the use of the federal public lands will not be reissued or will be revoked. The report required by this subsection shall include draft contingency plans, including associated costs with implementing the plans, identifying any appropriate private lands, lands owned by the commission or lands otherwise owned or under the authority of the state of Wyoming for the purpose of supplementing or relocating the feedground operation that is affected by the expiration of any federal public land authorization. The office of state lands and investments shall cooperate with the commission in identifying any alternative feedground sites consistent with this section.
Nothing in this section shall be construed to prohibit the department from continuing to administer authorized elk feedground operations, including:
1. Commencing and ending annual elk feedground operations on dates determined by the department; and
2. Conducting emergency elk feeding operations when deemed necessary by the department.

History. Laws 2021, ch. 97, § 1.

Effective date. —

Laws 2021, ch. 97, § 3, makes the act effective July 1, 2021.

Article 4. Creation and Organization of the Game and Fish Department

Am. Jur. 2d, ALR and C.J.S. references. —

35A Am. Jur. 2d Fish and Game §§ 41, 44.

36A C.J.S. Fish § 37; 38 C.J.S. Game § 50.

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

The Wyoming game and fish department is created.
The department is under the direction and supervision of the commission.
The department consists of the director who is the chief administrative officer and such divisions as the commission may create.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-12.

Stated in

O'Brien v. State, 711 P.2d 1144, 1986 Wyo. LEXIS 443 (Wyo. 1986).

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

The governor shall appoint a competent person as the director of the department as provided in W.S. 9-2-2010 at a salary determined by the commission, not to exceed the sum set by law.
The director shall hold office at the pleasure of the governor and may be removed by him as provided in W.S. 9-1-202 .
The director is the chief administrative head of the department with general supervision and control of all activities, functions, and employees of the department, under the direction and supervision of the commission. He shall devote his entire time to the performance and supervision of the duties conferred on him by the commission and by law.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-13; Laws 1991, ch 253, § 2.

Cross references. —

As to duties as a member of wildlife/livestock disease research partnership, see § 11-19-602 .

§ 23-1-403. Chief fiscal officer.

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

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-14.

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

The director, with the consent of the commission, shall appoint a chief game warden, a chief fish warden, and any necessary division chiefs as provided by law.
The chief game warden, chief fish warden, and division chiefs shall be men of knowledge and experience in the fields administered by their respective divisions, shall be the administrative head of their respective divisions, shall have administrative supervision of all activities and personnel of their respective divisions subject to the approval of the director, and shall devote their entire time to the service of the state in discharge of their official duties as provided by law and as prescribed by the commission. They are removable as provided by law.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-15.

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

All appointments of game wardens shall be based on competitive examinations. Applicants shall be knowledgeable of wildlife, and of the duties and responsibilities of game wardens. The commission shall provide for the investigation of the qualifications of each applicant. Examinations shall be held at selected points throughout Wyoming. Game wardens are removable as provided by law.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-16.

§ 23-1-406. [Repealed.]

Repealed by Laws 1985, ch. 36, § 1.

Editor's notes. —

This section, which derived from Laws 1939, ch. 65, § 24, related to prohibition of political activity.

Article 5. Finance

§ 23-1-501. Game and fish fund.

The Wyoming game and fish fund is continued in existence.
All income received by the commission or department shall be deposited in the state treasury and credited to the Wyoming game and fish fund. The commission may establish accounts within the fund to carry out the purposes of this act, in addition to those accounts established by law. The Wyoming game and fish fund shall be expended as the commission may direct to carry out the purposes of this act and for no other purpose, except that the legislature may appropriate so much thereof as necessary for expenses of any authorized legislative committee to study matters relating to the commission or department. Expenditures from the Wyoming game and fish fund shall be made only by warrant issued by the state auditor upon vouchers signed by the director and chief fiscal officer, or other persons designated by the commission to sign in their absence, substantiated and approved as provided by law.
An account within the Wyoming game and fish fund is created. Revenues collected from the sale of licenses under W.S. 23-2-101(j)(vii), (viii) and (xlvi) and 23-2-201(d)(viii) shall be deposited within the account. The commission may annually transfer into the fund from the account an amount not to exceed six percent (6%) of the total account balance.
A trust account within the Wyoming game and fish fund is created. Gifts accepted by the commission as provided under W.S. 23-1-302(a)(xxviii) shall be deposited within the account. The commission shall maintain a public record of each donor and the amount of the gift. The commission may make expenditures from the account for any purpose for which the commission is authorized by law to expend funds, subject to any restrictions or conditions placed on the gift by the donor. The commission shall maintain a public record of the amount of each expenditure from the account and the purpose for the expenditure.
An account within the game and fish fund is created. Revenues collected under W.S. 23-2-101(n), 23-2-201(e) and as specified under W.S. 23-2-306(a) and (b) shall be deposited within the account. The commission shall use revenues in the account to purchase access easements to provide access to public and private lands. The commission shall notify in writing the appropriate boards of county commissioners before purchasing any access easements under this subsection. In addition and on or before February 1 of each year, the commission shall annually report to the legislature on easements purchased pursuant to this subsection during the preceding fiscal year.
A trust account separate and apart from the trust account established under subsection (d) of this section is created within the Wyoming game and fish fund. The account shall consist of those funds appropriated or designated to the account by law or by gift from whatever source. Funds deposited within the account are intended to be inviolate and constitute a permanent or perpetual trust account which shall be invested by the state treasurer as authorized by law and in a manner to obtain the highest net return possible consistent with preservation of the account corpus. Earnings from investment of the account corpus shall be credited by the state treasurer into the Wyoming game and fish fund to be expended by the commission for purposes specified under subsection (b) of this section.
An account within the game and fish fund is created. Revenues received pursuant to W.S. 23-4-204 shall be credited to the account and are continuously appropriated to the commission to be expended for the prevention, surveillance, containment and direct and indirect costs associated with the administration of the aquatic invasive species program created under chapter 4, article 2 of this act.
An account within the game and fish fund is created. The portion of the revenues collected as specified under W.S. 23-2-306(e) shall be deposited into the account. Revenues deposited in the account created under this subsection are continuously appropriated to the commission and all earnings on funds in the account shall remain in the account. The commission shall use revenues in the account only as specified in this subsection and subject to the following requirements:
1. Of the revenues collected, not less than eighty-five percent (85%) shall be used by the commission to purchase access easements or other agreements to provide public access to private, federal and state lands that are difficult to access or inaccessible by the public for hunting and fishing purposes. The commission shall notify the appropriate boards of county commissioners in writing before purchasing any access easements or entering into any agreements under this paragraph and shall hold public hearings at the request of any board of county commissions;
2. Of the revenues collected, not greater than fifteen percent (15%) shall be used to provide for wildlife conservation efforts related to the transportation system, including signage, wildlife corridors, wildlife crossings, fish passages and game fences;
3. As part of the annual report required under subsection (e) of this section, the commission shall report to the legislature on all expenditures pursuant to this subsection during the preceding fiscal year.

History. Laws 1939, ch. 65, § 26; C.S. 1945, § 47-126; Laws 1955, ch. 57, § 1; W.S. 1957, § 23-25; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-18; 1996, ch. 121, § 2; 1999, ch. 26, § 1; ch. 92, § 1; ch. 120, § 1; 2000, ch. 63, § 1; 2003, ch. 114, § 1; ch. 143, § 1; ch. 195, § 1; 2004, ch. 30, § 1; 2008, ch. 113, § 2; 2010, ch. 98, § 2; 2015, ch. 27, § 1; 2021, ch. 73, § 1; ch. 108, § 1; ch. 144, § 2.

The 2003 amendments. —

The 2003 amendment by ch. 114, § 1, effective January 1, 2004, inserted “and (viii)” in (c).

The 2003 amendment by ch. 195, § 1, effective January 1, 2004, substituted “23-2-306(a) and (b)” for “W.S. 23-2-306(a)” in (e).

While neither of the amendments gave effect to the others, both have been given effect in this section as set out above.

The 2004 amendment, effective January 1, 2005, substituted “W.S. 23-2-101(n)” for “W.S. 23-2-101(m)” in (e).

The 2008 amendment, effective July 1, 2008, substituted “W.S. 9-4-715(a), (d) and (e)” for “W.S. 9-4-711 ” in (f).

The 2010 amendment, added (g).

Laws 2010, ch. 98 § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2010.

The 2015 amendment, effective January 1, 2016, in (c), substituted “W.S. 23-2-101(j)(vii), (viii) and (xlvi)” for “W.S. 23-2-101(j)(vii) and (viii)” in the first sentence.

The 2021 amendments. —

The first 2021 amendment, by ch. 73, § 1, effective July 1, 2021, added (h).

The second 2021 amendment, by ch. 108, § 1, effective July 1, 2021, in the third sentence of (f), substituted "by law" for "under W.S. 9-4-715(a), (d) and (e)," added "net" following "highest" and substituted "earnings" for "interest earned" in the fourth sentence.

The third 2021 amendment, by ch. 144, § 2, effective July 1, 2021, in the last sentence of (f), substituted "Earnings" for "Any interest earned."

This section is set out as reconciled by the Wyoming legislative service office.

Editor's notes. —

Laws 2004, ch. 30, § 2, authorizes the game and fish commission to adopt rules and regulations implementing the provisions of the act upon the effective date of this section.

Laws 2004, ch. 30, § 3(a) makes this section effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (b), see § 23-1-102(a)(xiii).

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

The commission shall govern its financial policies, subject to the written approval of its budgets by the governor and legislative review of its budgets as provided in W.S. 9-2-1011(d). The commission shall fix the budgets for the operation and maintenance of the department and its divisions for each fiscal year at its first stated meeting of each fiscal year, and shall submit its budget estimates for the following fiscal year as provided by W.S. 9-2-1012 .
Repealed by Laws 2009, ch. 90, § 3.
The commission shall not contract any debt, debts, or obligations in excess of twenty percent (20%) of its anticipated revenue for the ensuing year. Any debt created by the commission shall only be paid from the game and fish fund and shall be paid in full within two (2) years from the date it is contracted.
and (e) Repealed by Laws 2018, ch. 54, § 2.

History. Laws 1939, ch. 65, § 27; C.S. 1945, § 47-127; Laws 1946, Sp. Sess., ch. 2, § 5; 1953, ch. 69, § 1; W.S. 1957, §§ 23-26, 23-27; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-19; Laws 1974, ch. 16, § 2; 2008, ch. 11, § 1; 2009, ch. 90, § 3; 2013, ch. 58, § 1; 2014, ch. 28, § 1; 2018, ch. 54, §§ 1, 2.

The 2008 amendment, effective July 1, 2008, inserted the exception at the beginning of (a); and added (d).

The 2009 amendment, effective July 1, 2009, repealed former (b).

The 2013 amendment, added “and legislative review of its budgets as provided in W.S. 9-2-1011(d)” following “the governor” in (a).

Laws 2013, ch. 28, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 15, 2013.

The 2014 amendment, effective July 1, 2014, in (d), inserted “and grizzly bear management program” following “nongame programs” in first sentence, substituted “such purposes for “such management” in the second sentence, and “managing these programs” for “managing for sensitive species and nongame programs” in the third sentence; and added (e).

The first 2018 amendment, by ch. 54, § 1, effective July 1, 2018, in (a), deleted “Except as provided in subsection (d) of this section” from the beginning of the first sentence.

The second 2018 amendment, by ch. 54, § 2, effective July 1, 2018, in (a), deleted “Except as provided in subsection (d) of this section” from the beginning of the first sentence.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Editor's notes. —

Laws 2009, ch. 90, § 4 provides: “It is the intent of this act to impose a fiscal year of July 1 through June 30 on all governmental entities in this state, including all agencies, boards, commissions, institutions, instrumentalities, political subdivisions and special districts, no matter how formed, unless specifically exempted or otherwise authorized by law. The intent of this act is to repeal any noncodified provision which conflicts with the provisions of this act, including but not limited to earlier adopted government reorganization acts. Any entity required to change its current fiscal year of operation may elect to extend its current fiscal year or shorten its current fiscal year and commence its next fiscal year on July 1, 2009 or July 1, 2010, as it finds most convenient and efficient for its circumstances.”

§ 23-1-503. Annual reports.

The commission shall submit an annual report of its official transactions and audit reports, and the conditions of Wyoming wildlife in accordance with W.S. 9-2-1014 .

History. Laws 1939, ch. 65, § 18; C.S. 1945, § 47-118; W.S. 1957, § 23-21; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-20; Laws 1974, ch. 16, §§ 2, 3.

§ 23-1-504. Free and reduced price license revenue recoupment program.

Not later than July 31, 2007, and not later than July 31 of each subsequent year thereafter, the chief fiscal officer of the game and fish department shall prepare and certify a report of licenses sold or issued in the previous calendar year under the following statutes:
1. W.S. 23-2-201(f) and (g);
2. W.S. 23-2-101(j)(xi), (xvi), (xvii), (xx), (xxi), (xxxii), (xxxiii), (xliv) and (xlv);
3. W.S. 23-2-301(c)(xiii);
4. W.S. 23-1-705(a), (d), (e) and (h);
5. W.S. 23-2-207(a); and
6. W.S. 23-1-302(q).
The chief fiscal officer of the game and fish department shall submit to the state auditor the report created under subsection (a) of this section with a payment request for the number of licenses of each type sold or issued multiplied by the difference between the amount received by the department for that license and the cost of a full price adult license corresponding with each type of license sold or issued.
Upon receipt of the report and payment request, the state auditor shall transfer to the game and fish fund the amount claimed on the payment request from funds appropriated for this program to the extent available.
The game and fish commission shall prepare a biennial budget request prior to each budget session of the legislature for the purpose of funding the free and reduced price license revenue recoupment program and shall submit the request to the governor pursuant to W.S. 9-2-1010 through 9-2-1013 .

History. Laws 2007, ch. 180, § 1; 2010, ch. 45, § 1; 2015, ch. 130, § 1; ch. 130, § 1; 2019, ch. 131, § 1.

The 2010 amendment, effective July 1, 2010, in (a)(ii), inserted “(xliv) and (xlv),” and made related changes.

The 2015 amendment, effective January 1, 2016, in (a)(iv), inserted “and (h)” and made a related change.

The 2019 amendment, effective July 1, 2019, added (a)(vi) and made related changes.

Appropriations. —

Laws 2007, ch. 180, § 2, provides:

“There is appropriated to the state auditor one million one hundredthousand dollars ($1,100,000.00) from the general fund for the periodbeginning July 1, 2007 and ending June 30, 2008. Funds appropriatedunder this section shall only be expended for the purpose of fundingthe free and reduced price license revenue recoupment program andshall not be expended for any other purpose.”

Effective dates. —

Laws 2007, ch. 180, § 3, makes the act effective July 1, 2007.

Article 6. Federal Aid

Joint resolution. —

§ 23-1-601. Assent to and cooperation with federal wildlife restoration projects; funds from license fees not to be diverted.

The state assents to the provisions of the act of congress entitled “An act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes,” approved September 2, 1937 (Public Law No. 415, 75th congress) [16 U.S.C. §§ 669 to 669i]. The commission is authorized to perform such lawful acts as may be necessary in its opinion to the conduct and establishment of cooperative wildlife restoration projects in Wyoming as defined in and in compliance with the preceding act of congress. Hunter license fees may only be used for the administration of the department and commission, and for the protection, propagation, preservation, and investigation of fish and game.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-21.

§ 23-1-602. Assent to and cooperation with federal fish restoration projects; funds from license fees not to be diverted.

The state assents to the provisions of the act of congress entitled “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” 16 U.S.C. §§ 777 through 777m. The commission is authorized to perform such lawful acts as may be necessary in its opinion to the conduct and establishment of cooperative fish restoration projects as defined in and in compliance with the preceding act of congress. Fishermen license fees may only be used for the administration of the department and commission, and for the protection, propagation, preservation, and investigation of fish and game.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-22; Laws 2006, ch. 114, § 1.

The 2006 amendment, substituted “16 U.S.C. §§ 777 through 777m” for “approved August 9, 1950 (Public Law 681, 81st congress).”

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

§ 23-1-603. Authorization to transfer conservation stamp receipts to game and fish fund.

To the extent allowed by W.S. 23-1-601 and 23-1-602 , the game and fish commission may, from time to time, transfer conservation stamp receipts to the general operating account within the game and fish fund.

History. Laws 1983, ch. 175, § 1.

Cross references. —

As to conservation stamps, see § 23-2-306 .

As to game and fish fund, see § 9-4-204 .

Article 7. Licenses, Stamps, Permits and Tags

§ 23-1-701. Selling agents; administration of oaths; licenses, permits and game tags.

The commission with the advice of the director shall appoint agents to sell game, bird and fish licenses. Any vendor engaged in the commercial sale of sporting goods and equipment who holds a valid sales tax license issued by the department of revenue under W.S. 39-15-106 may apply to the commission and shall be appointed as an agent to sell game, bird and fish licenses, permits and stamps. At the end of each year, the commission shall renew the appointment of agents who had combined game, bird and fish license, permit and stamp sales during that year of not less than one thousand dollars ($1,000.00). Renewal of the appointment of agents selling fish licenses only or agents serving remote locations shall not be subject to the one thousand dollar ($1,000.00) minimum sales requirement. The commission shall provide bonding for agents for the purpose of selling game, bird and fish licenses, permits and stamps. Bonding shall be provided upon receipt of a nonrefundable annual fee of fifty dollars ($50.00). The fees shall be deposited in a bond pool fund except in any month when the bond pool fund contains one hundred thousand dollars ($100,000.00) or more the fees shall be deposited in the game and fish fund. The fee shall be paid to the commission before December 1 preceding the year for which the bond shall be in effect. Newly appointed agents shall pay the same fee immediately upon appointment by the commission to receive bonding for the remainder of the calendar year in which the agent was appointed. All claims against an agent’s bond shall be paid from the bond pool account.
Each license selling agent shall charge a fee as provided in this subsection for each license, permit or stamp he sells or distributes pursuant to this act. The fee shall not be charged if this act specifies that the issuance shall be without fee or fails to establish a fee for the issuance of the license, permit or stamp. Each license, permit or stamp sold or distributed under this act shall display the total amount only of all fees and other charges required under this act or otherwise provided by law. Each selling agent shall retain two dollars ($2.00) for each license and fifty cents ($.50) for each stamp or permit he sells. For failure to comply with this section, selling agents shall not be entitled to retain the amounts specified in this subsection and shall be liable on their bond. No employee of the commission shall receive any commission on licenses, stamps or permits sold, but the department shall charge the additional fee specified in this subsection, or otherwise provided by law, for each license, stamp or permit sold by commission employees. The fee charged under this subsection shall be in addition to the amount otherwise established by this act for the license, permit or stamp and shall be as follows:
1. Two dollars ($2.00) for each license, except that this additional fee shall not be charged for licenses under W.S. 23-1-705(e) or (k), 23-2-101(j)(xi), (xvi), (xvii), (xx), (xxi), (xxxii), (xxxiii), (xliv) or (xlv), 23-2-201(d)(iii) or (iv) or (f) or 23-2-301(c)(xiii);
2. Fifty cents ($.50) for each stamp;
3. Fifty cents ($.50) for each permit, except that this additional fee shall not be charged for permits under W.S. 23-1-302(m).
Every selling agent shall file a report with the commission at such times and in such manner as prescribed by commission rule and shall account for all licenses, permits, and stamps received by the selling agent to the commission.
Every person authorized by the commission or by law to sell and issue licenses is authorized to administer oaths.
The department shall supply sufficient numbers of self-locking tags stamped with the words “Wyoming interstate game tag”. The commission by rule may authorize the distribution of interstate game tags by taxidermists, meat processing plants or other businesses as the commission determines. The commission by rule may set the commissions for the sale of interstate game tags not to exceed the commissions paid to license selling agents for the sale of licenses. The commission by rule may also set the reporting requirements for businesses authorized to distribute interstate game tags. Interstate game tags shall be furnished through the chief game warden for distribution to the game wardens, and such game tag distributors as the commission may designate. Game wardens and game tag distributors shall collect and remit to the department the proper fee for each Wyoming interstate game tag.
Repealed by Laws 1987, ch. 156, § 2.
License selling agents under this section shall be considered representatives of the game and fish department for the purpose of charging fees for costs of processing payments for sales of licenses, permits or stamps. In addition to fees under subsection (b) of this section a license selling agent may charge and collect from the person tendering payment a fee for the cost of processing the payment in the same manner and amount as established by commission rule for sales directly from the game and fish department.

History. Laws 1939, ch. 65, §§ 23, 33, 87; C.S. 1945, §§ 47-123, 47-206, 47-526; W.S. 1957, §§ 23-85, 23-87, 23-88; Laws 1959, ch. 195, § 1; 1971, ch. 186, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-23; Laws 1979, ch. 100, § 1; 1983, ch. 151, § 1; 1985, ch. 105, § 1; 1987, ch. 156, § 2; 1989, ch. 34, § 1; 1995, ch. 176, § 1; 1998, ch. 5, § 2; 2004, ch. 36, § 1; 2006, ch. 9, § 1; 2007, ch. 2, § 1; 2010, ch. 45, § 1; 2011, ch. 42, § 1; 2020, ch. 95, § 1.

Cross references. —

As to Wyoming game and fish commission, see § 23-1-201 .

As to director of Wyoming game and fish department, see § 23-1-401 .

The 2004 amendment, effective January 1, 2005, substituted “permits and stamps” for “tags” throughout; rewrote (b), increasing fees, inter alia; in (e) twice deleted “Wyoming game tag or” preceding “Wyomiing interstate game tag,” twice substituted “game tag distributors” for “selling agents,” and added the second through fourth sentences; and made related changes.

The 2006 amendment inserted “or otherwise provided by law” in two places in (b); rewrote (c), in part by deleting “On or before the 10th of each month” at the beginning, and made stylistic and related changes.

Laws 2006, ch. 9, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2006.

The 2007 amendment, effective January 1, 2008, substituted “two dollars ($2.00)” for “one dollar and fifty cents ($1.50)” in the introductory paragraph to (b) and “Two dollars ($2.00)” for “One dollar ($1.00)” in (b)(i).

The 2010 amendment, effective July 1, 2010, in (b)(i), inserted “(xliv) or (xlv),” and made related changes.

The 2011 amendment, effective July 1, 2011, in (b)(i), inserted “or (k).”

The 2020 amendment, effective July 1, 2020, added (g).

§ 23-1-702. Duplicate license upon loss or destruction of original; issuance; fees.

When any license issued under this act has been lost or destroyed, the licensee may secure a duplicate of the original license from any district office or any authorized personnel of the department upon the presentation of satisfactory proof that the original license was lost or destroyed. Prior to issuing the duplicate license and in accordance with rule and regulation of the commission, the department may assess a fee of not more than five dollars ($5.00) plus the fees charged under W.S. 23-1-701 . Duplicate licenses shall be issued in accordance with procedure established by commission order.

History. Laws 1939, ch. 65, § 77; C.S. 1945, § 47-515; W.S. 1957, § 23-44; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-24; Laws 2001, ch. 6, § 1; 2004, ch. 36, § 1; 2017, ch. 159, § 1.

The 2004 amendment, effective January 1, 2005, added “plus the fee charged under W.S. 23-1-701 ” at the end of the second to last sentence.

The 2017 amendment, effective January. 1, 2018, substituted “five dollars ($5.00) plus the fees” for “three dollars ($3.00) plus the fee.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

§ 23-1-703. Limitation of number of certain licenses; reservation of certain licenses; reservation of certain unused licenses.

The commission may limit the number of resident or nonresident big or trophy game animal licenses to be sold in any calendar year and may designate dates after which one (1) or more classes of licenses will not be sold except as authorized by the commission.
Except as specifically provided under this subsection, subsection (f) of this section or W.S. 23-1-705(a), no person may apply for and receive more than one (1) moose or one (1) ram bighorn sheep license in any consecutive five (5) year period. Effective for the 1995 hunting season and each hunting season thereafter, licenses issued under this subsection shall be based upon the number of points assigned to each applicant for a particular species. Effective January 1, 2000, licenses issued under this subsection shall be issued partially through a preference point drawing and partially through a random drawing of all remaining unsuccessful applicants for that year. The department shall assign points to each license applicant for a specific species by multiplying the number of years the applicant has unsuccessfully applied for a license times one (1). The calculation used to assign points to an applicant for a particular species under this subsection shall include any year the applicant does not apply for a big or trophy game animal hunting license for that species, provided in the case of a resident the applicant pays the fee specified in W.S. 23-2-101(k) and in the case of a nonresident the applicant pays the appropriate fee established by the commission under W.S. 23-2-101(m). License applicants within each hunt area for a species shall be grouped according to the number of assigned points for that species. Not less than seventy-five percent (75%) of available licenses within any hunt area shall be randomly selected through a preference point drawing from among the group of applicants with the largest number of assigned points and shall continue until all applicants within that group have been exhausted or until all available licenses have been issued, whichever first occurs. If any applicant grouping has been exhausted and licenses remain available within that hunt area, selection shall continue from among the group of applicants with the next largest number of assigned points. After the selections through the preference point drawing have been completed within a hunt area, the remaining licenses available from that drawing and the licenses available for the random drawing for that hunt area will be issued through a random selection from among all applicants in the hunt area who were not selected for issuance of a license for the species through the preference point drawing in that hunt area. For purposes of assigning points under this subsection, any unsuccessful license applicant failing to apply for a license, or pay the applicable fee in lieu of applying, during the second calendar year shall be considered to be a first year applicant for any subsequent calendar year in which the applicant submits license application for that particular species.
For the 1995 hunting season and each hunting season thereafter, except as provided in subsection (f) of this section or by rule of the commission, no person who is issued a hunting license for a grizzly bear or for a mountain goat shall be eligible to apply for or receive a hunting license for that particular species in any future year.
Repealed by Laws 1997, ch. 24, § 2.
The commission shall reserve eighty percent (80%) of the moose and seventy-five percent (75%) of the ram and ewe and lamb bighorn sheep, mountain goat and grizzly bear licenses to be issued in any one (1) year for resident hunters. The commission shall determine the allocation of resident and nonresident mountain lion harvest.
Notwithstanding W.S. 23-1-704 , 23-2-101(j) and 23-2-107(e), any person who is issued and purchases a license listed in paragraph (i) of this subsection, but who does not use the license, may reserve a license for the particular species and sex of animal designated on the unused license for use during the immediately succeeding hunting season by applying to the commission in accordance with commission rules as provided in this subsection. Upon receipt of an application that establishes the conditions listed in paragraphs (i) through (iv) of this subsection, the commission shall cancel the initial license and prior to the subsequent season opening date for the designated species and sex of animal, issue to the applicant at an administrative cost of ten dollars ($10.00), a license for the designated animal valid for that season. A person may apply for and reserve a license under this subsection only if all the following conditions exist:
1. The license is one (1) of the following:
  1. A limited quota, full price big game animal license;
  2. A trophy game animal license;
  3. An any wild bison license;
  4. A female or calf wild bison license.
2. The person is unable to use the license in the year for which it was issued and good cause, as defined in commission rule and regulation, exists for the person’s inability to use the license in the year for which it was issued;
3. The person submits an application to the commission that demonstrates eligibility under this subsection before the closing date of the season for which the initial license was issued;
4. The person submits the initial license with the application.
In addition to the authority granted under subsection (b) of this section, the commission may through rule and regulation develop and implement a preference point program for nonresident antelope, nonresident deer and nonresident elk licenses which are limited in quota and would otherwise be issued through a random drawing. A program established pursuant to this subsection may be implemented for all or selected hunt areas and may be applied to all or portions of licenses for any particular species. The commission may charge nonresident license applicants a nonrefundable fee to accumulate preference points under the program as provided in W.S. 23-2-101(m).
Rules and regulations shall be promulgated by the game and fish commission to carry out subsections (a) through (f) of this section and may be promulgated as provided in subsection (g) of this section.

History. Laws 1946, Sp. Sess., ch. 2, § 7; 1949, ch. 76, § 1; W.S. 1957, § 23-42; Laws 1969, ch. 129, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-25; Laws 1975, ch. 175, § 1; 1991, ch. 100, § 1; 1994, ch. 88, § 1; 1995, ch. 73, § 1; 1997, ch. 24, §§ 1, 2; 1999, ch. 27, § 1; ch. 44, § 1; ch. 92, § 1; 2004, ch. 30, § 1; 2009, ch. 83, § 1; 2015, ch. 25, § 1; 2017, ch. 149, § 1; 2018, ch. 9, § 1; ch. 89, § 1; 2020, ch. 148, § 1.

Cross references. —

For provisions governing multiple applications for limited licenses, see § 23-2-109 .

The 2004 amendment, effective January 1, 2005, in (b), in the fifth sentence, distinguished between fees for residents and nonresidents, and inserted “or pay the applicable fee in lieu of applying” in the last sentence; added (g); and redesignated former (g) as (h) and rewrote it to make the promulgation of rules by the commission directory rather than mandatory for the provisions in (g).

The 2009 amendment, effective July 1, 2009, in (b) inserted “ram” preceding “bighorn sheep” in the first sentence, in (e) inserted “ram and ewe and lamb” preceding “bighorn sheep”, and in (f) inserted “and sex of animal” following “species” in the first and third sentences.

The 2015 amendment, effective January 1, 2016, in (f), inserted “limited quota, full price,” deleted “specified under subsections (b) and (c) of this section” preceding “and is unable to use,” inserted “big or trophy game” preceding “animal designated” in the first sentence, and substituted “to the applicant at an administrative cost not less than ten dollars ($10.00) and not to exceed four percent (4%) of the cost of the initial license” for “at no cost to the applicant” in the last sentence.

The 2017 amendment, at the end of (e), inserted “The commission shall determine the allocation of resident and nonresident mountain lion harvest.”

The 2018 amendments. — The first 2018 amendment, by ch. 9, § 1, in (c), substituted “except as provided in subsection (f) of this section or by rule of the commission, no person” for “except as specifically provided under subsection (f) of this section, no person.”

Laws 2018, ch. 9, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 Wyo. Const. Approved March 9, 2018.

The second 2018 amendment, by ch. 89, § 1, effective January 1, 2019, in the first sentence of (f), substituted “license during the hunting season for which the license is issued” for “license for the year in which issued,” “succeeding hunting season by applying” for “succeeding calendar year by applying,” and “commission in accordance with commission rules” for “commission before the opening date of the season for the designated species and sex of animal during the year for which the initial license is issued”; and in the third sentence, inserted “subsequent” preceding “season opening date,” deleted “during the immediately succeeding calendar year” following “species and sex of animal,” and substituted “valid for that season” for “valid for that year.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2020 amendment, effective July 1, 2020, in the introductory of (f), substituted ”W.S. 23-1-704 , 23-2-101(j) and 23-2-107(e)” for “W.S. 23-1-704 and 23-2-101(j),” ”license listed in paragraph (i) of this subsection, but who does not use the license” for “limited quota, full price big or trophy game animal license for any species and sex of animal and is unable to use for good cause as provided by regulations that license for the year in which issued,” “sex of big or trophy game animal” for “sex of animal,” “commission rules as provided in this subsection. Upon receipt of an application that establishes the conditions listed in paragraphs (i) through (iv) of this subsection, the commission shall cancel” for “commission rules. The initial big or trophy game animal license shall accompany the application. Upon receipt, the commission shall cancel,” “cost of ten dollars ($10.00)” for “cost not less than of ten dollars ($10.00), and not to exceed four percent (4%) of the cost of the initial license,” “designated animal valid” for ”designated big or trophy game animal,” added the last sentence; and added (f)(i) through (f)(iv).

Editor's note. —

Laws 2004, ch. 30, § 2, authorizes the game and fish commission to adopt rules and regulations implementing the provisions of the act upon the effective date of this section.

Laws 2004, ch. 30, § 3(a), makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Laws 2018, ch. 89, § 2, provides: “Licenses issued under title 23 of the Wyoming statutes before January 1, 2019, shall expire in accordance with the applicable provisions of law existing prior to amendment by this act.”

Repealing clauses. —

Laws 1946, Sp. Sess., ch. 2, § 8, repealed all acts or parts of acts inconsistent with that act.

Constitutionality. —

Nonresident hunter failed to establish a violation of the Equal Protection Clause with regard to Wyo. Stat. Ann. §§ 23-2-101 and 23-1-703 , which charge higher fees for nonresident hunters and establish a quota system for licenses, because the statutes are reasonably related to a number of legitimate ends because they help with the costs of managing wildlife and regulate the resource's safe and efficient use. Schutz v. Thorne, 415 F.3d 1128, 2005 U.S. App. LEXIS 13906 (10th Cir. Wyo. 2005), cert. denied, 546 U.S. 1174, 126 S. Ct. 1340, 164 L. Ed. 2d 55, 2006 U.S. LEXIS 1203 (U.S. 2006).

Stated in

Holloway v. Wyo. Game & Fish Comm'n, 2005 WY 144, 122 P.3d 959, 2005 Wyo. LEXIS 171 (2005).

Law reviews. —

For comment, “Reserving Wildlife for Resident Consumption: Is the Dormant Commerce Clause the Outfitters' White Knight?,” see XXXII Land & Water L. Rev. 125 (1997).

§ 23-1-704. Licenses; expiration.

All licenses issued on or after January 1, 2019, expire as provided in commission rules except as otherwise provided in this title.

History. Laws 1946, Sp. Sess., ch. 2, § 6; W.S. 1957, § 23-37; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-26; 2018, ch. 89, § 1.

The 2018 amendment, effective January 1, 2019, rewrote the section, which formerly read: “All licenses expire on the last day of the year in which issued except as otherwise provided.”

Editor’s notes. —

Repealing clauses. —

Laws 1946, Sp. Sess., ch. 2, § 8, repealed all acts or parts of acts inconsistent with that act.

§ 23-1-705. Complimentary licenses; pioneer licenses; antelope hunt licenses; gunpowder and buckskin hunt licenses; gratuitous licenses; donated licenses.

At the request of the governor, the commission shall annually issue up to twenty-five (25) complimentary hunting and twenty-five (25) complimentary fishing licenses. Not more than five (5) big horn sheep, five (5) moose and five (5) wild bison licenses shall be issued under this subsection. The five (5) year restriction imposed on the receipt of a moose or big horn sheep license by W.S. 23-1-703(b) and any restriction imposed on taking of wild bison under commission rule and regulation shall not be applicable in any manner to a license issued pursuant to this subsection. Except as provided under subsection (g) of this section, no complimentary licenses may be issued at the request of the appointed commissioners. Immediately upon issuance of any of these licenses, the commission shall submit to the secretary of state for maintenance as a public record, the name and address of each licensee and the type of license issued.
In addition the commission may, upon payment of proper fees, issue up to one hundred sixty (160) antelope licenses each year for the exclusive use of not more than two (2) antelope hunts, provided that:
1. Not more than eighty (80) of these licenses are issued for a single antelope hunt event;
2. Resource management requirements shall be considered in determining the total amount of licenses that are issued under this subsection each year.
In addition the commission may, upon payment of deer license fees, issue up to twenty-five (25) licenses each year for the exclusive use of gunpowder and buckskin hunts.
The department shall issue without charge lifetime bird, small game and fish licenses that shall remain valid so long as the licensee remains a Wyoming resident to:
1. Any resident who is over sixty-five (65) years and who has resided in Wyoming for at least thirty (30) total years.No year of residence prior to the resident’s tenth birthday shall be counted toward the thirty (30) year requirement imposed by this paragraph;
2. Any honorably discharged resident veteran who is one hundred percent (100%) disabled as determined by the United States department of veteran affairs;
3. Any honorably discharged resident who is a United States military purple heart medal recipient with document proof thereof.
The department shall issue:
1. For a fee of two dollars ($2.00) a resident deer, antelope or wild turkey license and for a fee of five dollars ($5.00) an elk license to any resident who is at least seventy-five (75) years of age prior to the issuance of the license and who has continuously resided in Wyoming for at least the fifty (50) years immediately preceding application for the license;
2. For a fee established by rule of the commission a resident deer, antelope, wild turkey or elk license to any resident who is at least seventy (70) years of age prior to the issuance of the license and has continuously resided in Wyoming for at least fifty (50) years immediately preceding application for the license. The fee established for a license under this paragraph shall be not more than sixty-five percent (65%) nor less than sixty percent (60%) of the resident fee specified in W.S. 23-2-101 for the particular species;
3. Without charge a resident elk or deer license in any hunt area not subject to prescribed means of competitive public issuance, a resident game bird and a resident small game license to any resident who is on active duty in the United States military deployed to a combat zone who is home on leave during the applicable hunting season. Application under this section shall include proof of residency required under W.S. 23-2-101 (a), certification of the applicant’s active duty deployment to a combat zone and other information required by rule and regulation of the commission. For purposes of this paragraph, a combat zone is any area which the president of the United States designates by executive order as an area in which the armed forces of the United States are engaged in combat;
4. Without charge a resident archery license to any resident who is at least seventy-five (75) years of age prior to the issuance of the license and has continuously resided in Wyoming for at least fifty (50) years immediately preceding application for the license;
5. A pioneer resident trapping license for furbearing animals in accordance with the fee specified in W.S. 23-2-301(c)(xiv), to any resident who is at least sixty-five (65) years of age prior to the issuance of the license and has resided in Wyoming for at least thirty (30) years.
Applicants for licenses specified in subsections (b) and (c) shall apply in person to any authorized department personnel.
In addition to complimentary licenses under subsection (a) of this section, each appointed commissioner may cause to be issued at cost not more than a total of eight (8) elk, deer or antelope designated licenses per year. All licenses issued under this subsection shall be designated to nonprofit charitable organizations. As a condition of accepting the license, the organization shall agree to auction or otherwise bid the license to the highest bidder or to raffle the license to members of the public.
In addition the commission may, upon receipt of payment of fees at a cost equal to the resident antelope license fee specified under W.S. 23-2-101(j)(xxx), issue up to a total of fifty (50) antelope licenses each year for the exclusive distribution by nonprofit organizations dedicated to providing hunting opportunities to individuals with disabilities for use by those individuals for hunting opportunities.
In addition the commission may issue upon payment of proper fees any number, set by rule and regulation, of antelope licenses, deer licenses, elk licenses and turkey licenses each year for the exclusive use by persons twenty (20) years of age or younger with life threatening illnesses who are sponsored by a nonprofit charitable organization with a mission to provide opportunities and experiences to persons with life threatening or serious illnesses. As a condition of issuing the license, the sponsoring organization shall pay the appropriate license fee on behalf of the licensee and at no cost to the licensee.
The holder of any valid big game animal license, trophy game animal license, an any wild bison license or a female or calf wild bison license may surrender said license to the department for reissuance to a veteran with disabilities or a person with a permanent disability who uses a wheelchair as established by commission rule and regulation selected and sponsored by a nonprofit charitable organization providing hunting opportunities for disabled veterans or persons with permanent disabilities who use wheelchairs. Any license reissued in accordance with the provisions of this subsection shall be for the same species, area and license type as the license donated. The license shall be reissued by the department to a qualifying person at no fee. Any license donated and reissued under the provisions of this subsection shall not be sold, traded, auctioned or offered for any monetary value and shall not be issued to, or used by, any person other than a qualifying person under the provision of this section and in compliance with commission rule and regulation. Licenses reissued to persons pursuant to this subsection shall not be subject to residency, drawing or fee requirements under W.S. 23-2-101 or 23-2-107 . The five (5) year restriction imposed on the receipt of a moose or big horn sheep license by W.S. 23-1-703(b), the lifetime restriction imposed on the receipt of a grizzly bear or mountain goat license by W.S. 23-1-703(c)or the restrictions imposed on the harvest of a wild bison under W.S. 23-2-107 (f) shall not be applicable in any manner to a license issued pursuant to this subsection.

History. Laws 1939, ch. 65, § 34; 1943, ch. 112, § 6; 1945, ch. 84, § 1; C.S. 1945, § 47-207; Laws 1946, Sp. Sess., ch. 2, § 1; 1949, ch. 90, § 1; 1951, ch. 71, § 1; 1955, ch. 117, § 1; W.S. 1957, § 23-86; Laws 1959, ch. 196, § 1; 1961, ch. 162, §§ 1, 2; 1965, ch. 132, § 1; ch. 147, § 1; ch. 184, § 3; 1969, ch. 31, § 1; ch. 75, § 1; ch. 129, §§ 8, 9; 1971, ch. 28, § 1; ch. 199, § 1; ch. 233, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-27; Laws 1979, ch. 29, § 1; ch. 79, § 1; 1987, ch. 107, § 1; 1989, ch. 196, § 1; 1994, ch. 88, § 1; 1997, ch. 24, § 1; 1999, ch. 18, § 1; ch. 192, § 1; 2000, ch. 55, § 1; 2003, ch. 194, § 1; 2004, ch. 46, § 1; 2006, ch. 76, § 1; 2008, ch. 44, § 1; 2009, ch. 26, § 1; 2011, ch. 28, § 1; ch. 42, § 1; ch. 176, § 1; 2012, ch. 97, § 1; 2013, ch. 54, § 1; ch. 149, § 1; 2015, ch. 50, § 1; ch. 130, § 1; 2016, ch. 23, § 1; 2018, ch. 10, § 1; 2020, ch. 117, § 1; ch. 123, § 1; ch. 148, § 1; 2021, ch. 95, § 1.

The 2004 amendment, effective July 1, 2004, added (j).

The 2006 amendment, effective August 1, 2006, added (e)(iii).

The 2008 amendment deleted the former last sentence of (j) pertaining to various reporting requirements to the legislature and legislative committees.

The 2009 amendment, effective July 1, 2009, substituted (j) for former (j) which read: “(j) In addition the commission may issue upon payment of proper fees up to ten (10) antelope licenses, ten (10) deer licenses, five (5) elk licenses and ten (10) turkey licenses each year for the exclusive distribution by nonprofit charitable organizations for use by persons eighteen (18) years of age or younger with life threatening illnesses. As a condition of accepting the license, the organization shall agree to provide the license at no cost to the licensee and to report the distribution of all licenses received under this subsection to the department.”

The 2011 amendments. —

The first 2011 amendment by ch 28, § 1, effective January 1, 2012, inserted “wild turkey” in (e)(i) and (e)(ii); and made related changes.

The second 2011 amendment by ch. 42, § 1, effective July 1, 2011, added (k).

The third 2011 amendment by ch. 176, § 1, deleted “and” at the end of (e)(i).

While none of the amendments gave effect to the others, all have been given effect in this section as set out above.

The 2012 amendment , effective January 1, 2013, in (e)(i), substituted “is at least seventy-five (75) years of age prior to the issuance of the license” for “was born on or before January 1, 1930,” and substituted “fifty (50)” for “forty (40)”; and deleted “was born after January 1, 1930” after “resident who” in (e)(ii).

The 2015 amendments. —

The first 2015 amendment, by ch. 50, § 1, in (k), inserted “or a person with a permanent disability who uses a wheelchair” or similar language twice in the first sentence; and substituted “person” or variants for “disabled veteran” or variants in the third through fifth sentences.

Laws 2015, ch. 50, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The 2015 second amendment, by ch. 130, § 1, effective January 1, 2016, in (h), substituted “fees at a cost equal to the resident antelope license fee specified under W.S. 23-2-101(j)(xxx)” for “antelope license fees.”

The 2016 amendment, effective January 1, 2017, in (d), deleted “or” following “for the license,” and added “and to any United States military purple heart medal recipient with document proof thereof” at the end of the first sentence.

The 2018 amendments. —

The first 2018 amendment, by ch. 54, § 1, effective July 1, 2018, in (a), deleted “Except as provided in subsection (d) of this section” from the beginning of the first sentence.

The second 2018 amendment, by ch. 54, § 2, effective July 1, 2018, in (a), deleted “Except as provided in subsection (d) of this section” from the beginning of the first sentence.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2020 amendments. —

The first 2020 amendment, by ch. 117, § 1, effective July 1, 2020, redesignated (d) as the introductory language of (d) and (d)(i) through (d)(iii) and made related changes; in the introductory language of (d) substituted “licenses that shall remain valid so long as the licensee remains a Wyoming resident to” for “licenses to”; in (d)(i) substituted “resident who” for “resident or honorably discharged veteran who,” “has resided” for “has continuously resided,” and “least thirty (30) total years. No year of residence prior to the resident's tenth birthday shall be counted toward the thirty (30) year requirement imposed by this paragraph” for “least the thirty (30) years immediately preceding application for the license, to”; in (d)(ii) substituted “honorably discharged resident veteran” for “disabled veteran”; and in (d)(iii) substituted “Any honorably discharged resident who is a United States military” for “Any United States military” and deleted the last sentence, which read “The license is valid so long as the licensee remains a Wyoming resident.”

The second 2020 amendment, by ch. 123, § 1, effective July 1, 2020, added (e)(iv).

The third 2020 amendment, by ch. 148, § 1, effective July 1, 2020, in (k) substituted “valid big game animal license, trophy game animal license, an any wild bison license or a female or calf wild bison license may surrender” for “valid big game license may surrender,” “under W.S. 23-2-101 or 23-2-107 ” for “under W.S. 23-2-101 ,” and “W.S. 23-1-703(c) or the restrictions imposed on the harvest of a wild bison under W.S. 23-2-107 (f) shall” for “W.S. 23-1-703(c) shall” and made related changes.

While none of the amendments gave effect to the others, all have been given effect in this section as set out above.

The 2021 amendment , effective July 1, 2021, added "pioneer licenses;" in the section heading; and added (e)(v).

Editor's notes. —

Laws 2020, ch. 117, § 2, provides: “This act shall only apply to lifetime bird, small game and fish licenses issued on or after the effective date of this act.”

There is no subsection (i) in this section as it appears in the printed acts.

Conflicting legislation. —

Laws 2008, ch. 44, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 23-1-706. Game and fish licenses; confidentiality.

The commission shall establish a process by which an applicant for any game and fish license, permit or tag authorized by this act may designate as public personally identifiable information required for the applicant to purchase the license, permit or tag. Unless designated as public by the applicant or as otherwise provided by law, personally identifiable information submitted for any game and fish license, permit or tag is solely for the use of the department or appropriate law enforcement offices and is not a public record for purposes of W.S. 16-4-201 through 16-4-205 . As used in this section, “personally identifiable information” includes an applicant’s electronic mail address, date of birth, telephone number, driver’s license number, social security number, passport number, sportsperson identification number or tax identification number or any part of any of the preceding information.

History. Laws 2017, ch. 122, § 1.

Effective date. —

Laws 2017, ch. 122, § 2, makes the act effective July 1, 2017.

Article 8. Reciprocal Fishing Agreements

§ 23-1-801. Reciprocal fishing agreements with adjoining states authorized; stamps for licenses.

The commission is authorized to enter into reciprocal agreements with corresponding state officials of adjoining states for purposes of providing for the licensing for fishing of residents of this state and adjoining states upon artificial impoundments of water forming the boundary between this state and adjoining states. The agreements may include provisions by which each state shall honor the license of the other only when the licensee has purchased a stamp or authorization signifying purchase of a stamp from the other state, the charge for the stamp being set by mutual agreement of the states.

History. Laws 1963, ch. 120, § 1; W.S. 1957, § 23-108.1; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-28; Laws 2006, ch. 9, § 1.

The 2006 amendment, substituted “the licensee has purchased a stamp or authorization signifying purchase of a stamp” for “there is affixed to the license a stamp.”

Laws 2006, ch. 9, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2006.

§ 23-1-802. Reciprocal fishing agreements with adjoining states authorized; authorizing use of equipment otherwise prohibited.

Notwithstanding any other law of Wyoming, in order to effect conformity with the laws and regulations of an adjoining state which is a party to such an agreement, the commission may, by order, authorize the use of fishing devices and equipment, otherwise prohibited by Wyoming law, in water forming the subject of any agreement.

History. Laws 1963, ch. 120, § 2; W.S. 1957, § 23-108.2; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-29.

§ 23-1-803. Reciprocal fishing agreements with adjoining states authorized; water subject to agreements.

It is the primary purpose of this article to provide a method whereby the fishing opportunities afforded by lakes or reservoirs located upon the boundaries of this state and adjoining states may be mutually enjoyed by the residents of Wyoming and the residents of adjoining states.

History. Laws 1963, ch. 120, § 3; W.S. 1957, § 23-108.3; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-30.

§ 23-1-804. Reciprocal fishing agreements with adjoining states authorized; implementing orders.

The commission is authorized to establish orders as provided in this act to implement any agreements under this article.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-31.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

Article 9. Damage Caused by Game Animals or Game Birds

Am. Jur. 2d, ALR and C.J.S. references. —

4 Am. Jur. 2d Animals §§ 91 to 141.

3A C.J.S. Animals §§ 171, 238 to 240.

§ 23-1-901. Owner of damaged property to report damage; claims for damages; time for filing; determination; appeal; arbitration.

Any landowner, lessee or agent whose property is being damaged by any of the big or trophy game animals or game birds of this state shall, not later than fifteen (15) days after the damage is discovered by the owner of the property or the representative of the owner, report the damage to the nearest game warden, damage control warden, supervisor or commission member.
Any landowner, lessee or agent claiming damages from the state for injury or destruction of property by big or trophy game animals or game birds of this state shall present a verified claim for the damages to the Wyoming game and fish department not later than sixty (60) days after the damage or last item of damage is discovered. The claim shall specify the damage and amount claimed. As used in this subsection, “verified claim” means a claim which the claimant has signed and sworn to be accurate before a person authorized to administer oaths.
The department shall consider the claims based upon a description of the livestock or bees damaged or killed by a trophy game animal, the damaged land, growing cultivated crops, stored crops including honey and hives, seed crops, improvements and extraordinary damage to grass. The commission is authorized to establish by rule, methods, factors and formulas to be used for determining the amount to compensate any landowner, lessee or agent for livestock damaged as a result of, missing as a result of, or killed by trophy game animals. Claims shall be investigated by the department and rejected or allowed within ninety (90) days after submission, and paid in the amount determined to be due. In the event the department fails to act within ninety (90) days, the claim, including interest based on local bank preferred rates, shall be deemed to have been allowed. No award shall be allowed to any landowner who has not permitted hunting on his property during authorized hunting seasons. Any person failing to comply with any provision of this section is barred from making any claim against the department for damages. Any claimant aggrieved by the decision of the department may appeal to the commission within thirty (30) days after receipt of the decision of the department as provided by rules of practice and procedure promulgated by the commission. The commission shall review the department decision at its next meeting following receipt of notice of request for review. The commission shall review the investigative report of the department, and it may approve, modify or reverse the decision of the department.
Within ninety (90) days after receiving notice of the decision of the commission, the claimant may in writing to the department call for arbitration. Within fifteen (15) days after the department receives the call for arbitration, the claimant and the department shall each appoint a disinterested arbitrator who is an elector residing in the county where the damage occurred and notify each other of the appointment. Within twenty (20) days after their appointment, the two (2) arbitrators shall appoint a third arbitrator possessing the same qualifications. If the third arbitrator is not appointed within the time prescribed, the judge of the district court of the county or the court commissioner in the absence of the judge shall appoint the third arbitrator upon the application of either arbitrator.
At least twenty (20) days before the hearing, the board of arbitrators shall provide the claimant and department notice of the time and place in the county when and where the parties will be heard and the claim investigated and decided by the board. A written copy of the decision shall be promptly served upon each party. Within ten (10) days after receipt of the decision, either party may apply to the board for modification of the decision under W.S. 1-36-111 . Either party may apply to the district court for vacation of a decision under W.S. 1-36-114(a) or correction or modification of a decision under W.S. 1-36-115 within thirty (30) days after receipt of the decision or within twenty (20) days after action by the board on an application for modification under W.S. 1-36-111 .
If no applications under subsection (e) of this section are made after receipt of the decision, the commission shall promptly pay the amount, if any, including interest based on local bank preferred rates, awarded by the board. Within thirty (30) days after the award is final, the board’s reasonable service and expense charges shall be paid by:
1. The claimant if the award is no greater than the amount originally authorized by the commission;
2. Otherwise, the commission.
For purposes of this section, eligibility for damage compensation shall include gray wolves located in:
1. The area described in W.S. 23-1-101(a)(xii)(B)(I) or (II) regardless of the date on which the damage occurs;
2. Subject to subsection (h) of this section, an area of land designated by the commission in rule which is adjacent to the area described in W.S. 23-1-101(a)(xii)(B)(I) or (II) regardless of the date on which the damage occurs.
The commission shall establish in rule a process for persons to request that an area of land adjacent to the area described in W.S. 23-1-101(a)(xii)(B)(I) or (II) be designated as an area where property owners are eligible for damage compensation for damage caused by gray wolves. The rules shall provide that:
1. The adjacent area of land is outside the area described in W.S. 23-1-101(a)(xii)(B)(I) or (II);
2. The adjacent area of land is part of a contiguous tract of land a portion of which is currently located within the boundaries described in W.S. 23-1-101(a)(xii)(B)(I) or (II);
3. The adjacent area of land is privately owned;
4. The private landowner of the adjacent area of land consents to the designation;
5. The designation of the adjacent area of land shall not subtract from or diminish the area described in W.S. 23-1-101(a)(xii)(B)(I) or (II).

History. Laws 1939, ch. 65, § 45; 1943, ch. 112, § 8; 1945, ch. 155, § 1; C.S. 1945, § 47-301; Laws 1955, ch. 44, § 1; W.S. 1957, § 23-117; Laws 1971, ch. 60, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-32; Laws 1980, ch. 37, § 1; 1985, ch. 151, § 1; 1996, ch. 33, § 1; 2003, ch. 143, § 1; 2012, ch. 25, § 1; 2017, ch. 198, § 1.

Cross references. —

For provision authorizing landowner to kill beaver causing damage, see § 23-3-114 .

For provision authorizing landowner to kill bear, mountain lion, bobcat, weasel, squirrels or muskrat damaging property, see § 23-3-115 .

As to Uniform Arbitration Act, see §§ 1-36-101 to 1-36-119 .

The 2012 amendment, added (g).

Laws 2012, ch. 25, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2012.

The 2017 amendment, effective July 1, 2017, in (g) substituted “eligibility for damage compensation” for “trophy game animals” near the beginning, in (g)(i) substituted “23-1-101(a)(xii)(B)(I) or (II)” for “23-1-101(a)(xii)(B)(II)”, added (g)(ii); added (h); and made related changes.

Landowner cannot be compelled to waive constitutional rightto protect property from animals. —

A landowner should not be compelled to waive his constitutional rights by filing a claim for damages, perhaps every month, every two months, every year, or at other intervals, and recover damages caused by wild game perhaps after protracted litigation. Cross v. State, 370 P.2d 371, 1962 Wyo. LEXIS 78 (Wyo. 1962) (dismissing complaint charging defendant with killing two moose out of season and without a license or permit, since the moose were destroying defendant's property).

Inapplicable to disease damage. —

This section is unambiguous and does not apply to a landowner's claim for livestock damages allegedly caused by a contagious disease transmitted by state-owned elk. Consequently, such a claim is not legally cognizable and, therefore, not compensable under the provisions of this section. Parker Land & Cattle Co. v. Wyoming Game & Fish Comm'n, 845 P.2d 1040, 1993 Wyo. LEXIS 15 (Wyo. 1993), reh'g denied, 1993 Wyo. LEXIS 35 (Wyo. Feb. 24, 1993).

Bison damage not cognizable. —

Bison is neither a big game animal nor a trophy game animal under the provisions of § 23-1-101 : as such, a claim alleging livestock damage from bison is not legally cognizable. Parker Land & Cattle Co. v. Wyoming Game & Fish Comm'n, 845 P.2d 1040, 1993 Wyo. LEXIS 15 (Wyo. 1993), reh'g denied, 1993 Wyo. LEXIS 35 (Wyo. Feb. 24, 1993).

Expense of fence not a claim for damages. —

Arbitrators exceeded their authority when they compensated a landowner for the construction of a stack yard fence the landowner had constructed as a measure to avoid further damage by wildlife; this expense was not a claim for damage within this section. Wyoming Game & Fish Comm'n v. Thornock, 851 P.2d 1300, 1993 Wyo. LEXIS 89 (Wyo. 1993).

Applied in

Wyoming Game & Fish Comm'n v. Latham, 347 P.2d 1008, 1960 Wyo. LEXIS 44 (Wyo. 1960).

Quoted in

Wyoming Game & Fish Comm'n v. Smith, 773 P.2d 941, 1989 Wyo. LEXIS 127 (Wyo. 1989).

Stated in

Steil v. Smith, 901 P.2d 395, 1995 Wyo. LEXIS 149 (Wyo. 1995).

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

For article, “Wyoming Land and the Law One Hundred Years After Statehood — A Perspective,” see XXVI Land & Water L. Rev. 33 (1991).

For article, “Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem,” see XXVIII Land & Water L. Rev. 1 (1993).

For case note, “Wildlife — Private Property Damage Law — Once Upon a Time in Wyoming There was Room for Millions of Cattle and Enough Habitat for Every Species of Game to Find a Luxurious Existence. In the Aftermath of Parker, Can We All Still Get Along? Parker Land and Cattle Company v. Wyoming Game and Fish Commission, 845 P.2d 1040, 1993 Wyo. LEXIS 15 (Wyo. 1993),” see XXIX Land & Water L. Rev. 89 (1994).

For article, “The Endangered Species Act and Private Property,” see XXXII Land & Water Rev. 479 (1997).

Article 10. Grizzly Bear Relocation

§ 23-1-1001. Grizzly bear relocation.

Upon relocating a grizzly bear or upon receiving notification that a grizzly bear is being relocated, the department shall provide notification to the county sheriff of the county to which the bear is relocated within five (5) days of each grizzly bear relocation and shall issue a press release to the media and sheriff in the county where each grizzly bear is relocated.
The notice and press release shall provide the following information:
1. The date of the grizzly bear relocation;
2. The number of grizzly bears relocated; and
3. The location of the grizzly bear relocation, as provided by commission rule and regulation.
No later than January 15 of each year the department shall submit an annual report to the joint travel, recreation, wildlife and cultural resources interim committee. The annual report shall include the total number and relocation area of each grizzly bear relocated during the previous calendar year. The department shall also make available the annual report to the public.

History. Laws 2005, ch. 86, § 1.

Effective dates. —

Laws 2005, ch. 86, § 2, makes the act effective July 1, 2005.

Chapter 2 Licenses; Fees

Editor's notes. —

Laws 1996, ch. 121, § 5 provides: “The department shall annually report to the governor and the legislature on all revenues available to the department including fees for licenses, stamps and permits issued by the commission and the need for an adjustment to these fees based upon changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States department of commerce, and the resulting impact upon the operations of the department.”

Notice. —

Laws 1997, ch. 79, § 3, provides: “The game and fish department shall, through its publications, and other reasonable means, including providing information when mailing licenses to successful applicants, notify all applicants for game and fish licenses of the provisions of W.S. 23-2-418 .”

Joint resolution. —

Article 1. Game Animals and Game Birds

Am. Jur. 2d, ALR and C.J.S. references. —

35A Am. Jur. 2d Fish and Game § 53.

38 C.J.S. Game §§ 52, 53.

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

Any qualified person may purchase a hunting license from the department or its authorized selling agents except as otherwise provided. Purchase of a license entitles the licensee to take any animal, bird or fish provided on the license within Wyoming at the time, in a place, in a manner and in an amount as provided by law and the orders of the commission. At the time of application for a resident license under this section, the applicant shall provide a valid Wyoming driver’s license or a copy thereof, or other proof of residency. The commission shall promulgate reasonable rules and regulations stating what proof of residency is required so that only bona fide Wyoming residents, as defined in W.S. 23-1-102(a)(ix), receive resident licenses. For purposes of purchasing a lifetime resident license under subsection (j) of this section, 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 preceding the application date.
Repealed by Laws 1999, ch. 92, § 2.
The resident’s or nonresident’s license must bear the signature of the landowner, lessee, or agent of the owner on whose private property he is hunting or the legitimate proof as evidence that permission to hunt has been granted.
The commission may issue big or trophy game licenses in areas in which all licenses initially authorized were not purchased or in which additional harvest is desired, allowing a licensee to take a big or trophy game animal of such sex or age as designated by the commission. The fee for the license may be reduced by the commission to the level necessary to achieve the desired management objectives, but in no case shall a resident or nonresident license fee be less than the landowner’s coupon fee.
Resident and nonresident license applicants shall pay an application fee in an amount specified by this subsection upon submission of an application for purchase of any limited quota drawing for big or trophy game license or wild bison license. The resident application fee shall be five dollars ($5.00) and the nonresident application fee shall be fifteen dollars ($15.00). The application fee is in addition to the fees prescribed by subsections (f) and (j) of this section and by W.S. 23-2-107 and shall be payable to the department either directly or through an authorized selling agent of the department. At the beginning of each month, the commission shall set aside all of the fees collected during calendar year 1980 and not to exceed twenty-five percent (25%) of the fees collected thereafter pursuant to this subsection to establish and maintain a working balance of five hundred thousand dollars ($500,000.00), to compensate owners or lessees of property damaged by game animals and game birds.
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 year shall as established by the commission, be offered to nonresident applicants upon receipt of the fee prescribed by this subsection. Seventy-five (75) of the nonresident deer licenses set aside pursuant to this subsection shall be used for a national bow hunt for deer. The licenses authorized by this subsection shall be offered by drawing to nonresident applicants prior to the drawing for the remaining nonresident licenses issued. The licenses offered under this subsection shall be issued in a manner prescribed by rules and regulations promulgated by the commission. Nothing in this subsection shall prohibit any unsuccessful applicant for a nonresident license pursuant to this subsection from submitting an application for any licenses remaining after the drawing during the calendar year in which the application under this subsection was submitted. The following fees shall be collected by the department and are in addition to the nonresident license fee for the appropriate big game species imposed under subsection (j) of this section and the application fee imposed under subsection (e) of this section:
1. Nonresident elk license ..... $576.00 in addition to the license fee imposed under paragraph (j)(xix) of this section;
2. Nonresident deer license ..... $288.00 in addition to the license fee imposed under paragraph (j)(xv) of this section;
3. Nonresident antelope license ..... $288.00 in addition to the license fee imposed under paragraph (j)(xxxi) of this section.
In promulgating rules and regulations for the taking of bighorn sheep and moose, the commission shall not discriminate between residents and nonresidents regarding the maturity, horn size or sex of the animals which may be taken. Nothing in this subsection shall be construed as prohibiting the commission from issuing a different number of licenses for residents and nonresidents, from requiring a preference point fee from nonresidents only pursuant to subsection (m) of this section or from issuing reduced price ewe and lamb bighorn sheep licenses as provided in subsection (d) of this section.
In addition to other fees under this section, persons applying for a license or tag under this section may pay a voluntary fee of two dollars ($2.00) or any greater amount to fund search and rescue activities in the state. The department shall provide information on the license or tag application form that the applicant may pay the fee under this subsection. Any voluntary fees collected under this subsection shall be deposited in the search and rescue account created by W.S. 19-13-301 .
Subject to W.S. 23-2-101(f), 23-1-705(e) and the applicable fee under W.S. 23-1-701 , the following hunting licenses and tags may be purchased for the fee indicated and subject to the limitations provided:
1. Resident black bear license; one (1) black bear . . . . . $45.00
2. Nonresident black bear license; one (1) black bear . . . . . $371.00
3. Resident mountain lion license; one (1) mountain lion . . . . . $30.00
4. Nonresident mountain lion license; one (1) mountain lion . . . . . $371.00
5. Resident daily game bird/small game license; all game birds except wild turkey . . . . . $7.00
6. Nonresident daily game bird/small game license; all game birds except wild turkey . . . . . $20.00
7. Resident lifetime game bird and small game license; all game birds except wild turkey . . . . . $309.00
8. Resident lifetime game bird/small game and fishing license; all game birds except wild turkey . . . . . $494.00
9. Resident game bird/small game license; all game birds except wild turkey . . . . . $25.00
10. Nonresident game bird/small game license; all game birds except wild turkey . . . . . $72.00
11. Nonresident youth game bird/small game license; all game birds except wild turkey . . . . . $40.00
12. Resident archery license . . . . . $14.00
13. Nonresident archery license . . . . . $70.00
14. Resident deer license; one (1) deer . . . . . $40.00
15. Nonresident deer license; one (1) deer . . . . . $372.00
16. Resident youth deer license; one (1) deer . . . . . $15.00
17. Nonresident youth deer license; one (1) deer . . . . . $110.00
18. Resident elk license; one (1) elk . . . . . $55.00
19. Nonresident elk license; one (1) elk, fishing privileges . . . . . $690.00
20. Resident youth elk license; one (1) elk . . . . . $25.00
21. Nonresident youth elk license; one (1) elk, fishing privileges . . . . . $275.00
22. Resident bighorn sheep license; one (1) bighorn sheep . . . . . $150.00
23. Nonresident bighorn sheep license; one (1) bighorn sheep . . . . . $2,318.00
24. Resident mountain goat license; one (1) mountain goat . . . . . $150.00
25. Nonresident mountain goat license; one (1) mountain goat . . . . . . $2,160.00
26. Resident moose license; one (1) moose . . . . . . $150.00
27. Nonresident moose license; one (1) moose . . . . . $1,980.00
28. Resident grizzly bear license; one (1) grizzly bear . . . . . $600.00
29. Nonresident grizzly bear license; one (1) grizzly bear . . . . . $6,000.00
30. Resident antelope license; one (1) antelope . . . . . $35.00
31. Nonresident antelope license; one (1) antelope . . . . . $324.00
32. Resident youth antelope license; one (1) antelope . . . . . $15.00
33. Nonresident youth antelope license; one (1) antelope . . . . . $110.00
34. Resident license to capture falcons for falconry purposes . . . . . $37.00
35. Nonresident license to capture falcons for falconry purposes . . . . . $247.00
36. Repealed by Laws 2003, ch. 144, § 2.
37. License to hunt with falcon; game birds, small game animals . . . . . $14.00
38. Resident turkey license . . . . . $14.00
39. Nonresident turkey license . . . . . $72.00
40. Wyoming interstate game tag . . . . . $6.00
41. Resident game bird license; all game birds except turkey . . . . . $14.00
42. Resident small game license . . . . . $14.00
43. From and after the date gray 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 :
  1. Resident gray wolf license . . . . . $19.00
  2. Nonresident gray wolf license . . . . . $185.00
44. Resident youth archery license . . . . . $6.00
45. Nonresident youth archery license . . . . . $12.00
46. Resident lifetime archery license . . . . . $206.00
Any resident qualified to purchase a moose or ram big horn sheep hunting license under subsection (j) of this section may pay a fee of seven dollars ($7.00) in lieu of applying for a moose or ram big horn sheep hunting license. Payment of the fee for a particular species under this subsection 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 unsuccessfully applied for a hunting license for that species. Payment of the fee shall be made in compliance with application dates.
Subject to the provisions of this subsection, as part of any preference point program for nonresident antelope, nonresident ram bighorn sheep, nonresident moose, nonresident deer or nonresident elk, the commission may establish a nonrefundable fee to be either withheld from the license fee remitted or submitted separately when application for a license or preference point is made through electronic licensing, and may also establish a fee to be paid in lieu of applying for licenses that are limited in quota. Retention of the established fee or payment of the fee in lieu of applying shall authorize the person to accumulate a preference point for future drawings for licenses that are limited in quota for the applicable species in accordance with rules of the commission. The rules may provide for the loss of all accumulated points 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 for antelope, deer or elk shall be established by rule and shall not exceed seventy-five dollars ($75.00) per species. Payment of the fee shall be made in compliance with application dates. Nothing in this subsection authorizes the commission to establish or retain a fee for resident moose or resident ram bighorn sheep license preference points in addition to the fee established by subsection (k) of this section or to establish rules for ram bighorn sheep or moose preference point drawings in conflict with the provisions of W.S. 23-1-703(b). For nonresident ram bighorn sheep and nonresident moose licenses, the commission may establish by rule a nonrefundable preference point fee to be withheld from either the license fee remitted or submitted separately when application for a license or preference point is made through electronic licensing and may establish a fee in lieu of making application in an amount greater than that established under subsection (k) of this section, but neither fee shall exceed one hundred fifty dollars ($150.00). Fees established under this subsection may be set at lower amounts for youth license applicants.
In addition to other fees under this section, persons applying for a license or tag under this section may pay any whole dollar amount to fund the purchase of access easements by the commission to provide access to public and private lands.
For issuing each harvest information permit required under federal law license selling agents and commission employees shall charge the fee authorized by W.S. 23-1-701(b)(iii).
In addition to other fees under this section, persons applying for a license or tag under this section may pay any whole dollar amount to support wildlife conservation efforts related to the transportation system. The department shall provide information on the application form that the applicant may pay the contribution under this subsection. Funds collected under this subsection shall be transmitted to the state treasurer to be credited to the wildlife conservation account created by W.S. 31-2-231(b). The department shall deduct and retain an amount equal to the administrative costs incurred in complying with this subsection.
In addition to other fees under this section, persons applying for a license or tag under this section may pay a voluntary fee of two dollars ($2.00) or any greater amount to fund predator control activities in the state. The department shall provide information on the license or tag application form that the applicant may pay the fee under this subsection. Any voluntary fees collected pursuant to this subsection shall be deposited in a separate account within the game and fish fund and shall only be expended as determined by the commission for management and control of predator populations and depredating animals. The commission may consider projects that mitigate damage caused to livestock, wildlife and crops by predatory animals, predacious birds and depredating animals or for the protection of human health and safety and may also use these funds for the purposes specified in W.S. 11-6-307 and 23-1-901 . As used in this subsection, “depredating animal” means any trophy game animal or furbearing animal that causes damage.

History. Laws 1939, ch. 65, § 34; 1943, ch. 112, § 6; 1945, ch. 84, § 1; C.S. 1945, § 47-207; Laws 1946, Sp. Sess., ch. 2, § 1; 1949, ch. 90, § 1; 1951, ch. 71, § 1; 1955, ch. 117, § 1; W.S. 1957, § 23-86; Laws 1959, ch. 196, § 1; 1961, ch. 162, §§ 1, 2; 1965, ch. 132, § 1; ch. 147, § 1; ch. 184, § 3; 1969, ch. 31, § 1; ch. 75, § 1; ch. 129, §§ 8, 9; 1971, ch. 28, § 1; ch. 199, § 1; ch. 233, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-33; Laws 1975, ch. 45, § 1; 1977, ch. 96, § 1; 1979, ch. 29, § 1; ch. 98, § 1; 1987, ch. 64, § 1; 1989, ch. 23, § 2; ch. 24, § 1; ch. 263, § 1; 1991, ch. 254, § 1; 1993, ch. 132, § 1; 1994, ch. 50, § 1; 1996, ch. 48, § 1; ch. 121, §§ 2, 3; 1998, ch. 66, § 1; ch. 99, § 2; 1999, ch. 26, § 1; ch. 27, § 1; ch. 92, §§ 1, 2; 2000, ch. 6, § 1; ch. 27, § 1; 2003, ch. 75, § 1; ch. 114, § 1; ch. 115, § 2; ch. 144, §§ 1, 2; Laws 2004, ch. 30, § 1; ch. 36, § 1; 2005, ch. 54, § 1; 2006, ch. 9, § 1, ch. 76, § 1; 2007, ch. 2, § 1; 2009, ch. 83, § 1; 2010, ch. 45, § 1; 2012, ch. 3, § 1; 2013, ch. 23, § 1; 2015, ch. 27, § 1; 2017, ch. 41, § 1; ch. 159, § 1; 2020, ch. 48, § 1; ch. 61, § 1; 2021, ch. 149, § 1.

Cross references. —

As to deposits into the game and fish fund, see § 23-1-501(d).

The 2003 amendments. —

The first 2003 amendment by ch. 75, § 1, effective January 1, 2004, substituted “forty percent (40%) of available nonresident deer licenses and forty percent (40%) of available nonresident antelope” for “twenty percent (20%) of available nonresident deer licenses and thirty percent (30%) of available nonresident antelope” in the first sentence of (f); and doubled the fees set out in (f)(i) through (iii).

The second 2003 amendment by ch. 114, § 1, effective January 1, 2004, inserted (j)(vii), and redesignated the subsequent paragraphs accordingly.

The third 2003 amendment, by ch. 115, § 2, added (j)(xlii) (now (j)(xliii)).

Laws 2003, ch. 115, § 5, makes the act effective immediately upon the completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2003.

The fourth 2003 amendment by ch. 144, §§ 1 and 2, effective January 1, 2004, substituted “four dollars ($4.00)” for “three dollars ($3.00)” and “twelve dollars ($12.00)” for “ten dollars ($10.00)” in the second sentence in (e); increased the license fees set out in several paragraphs in (j); and repealed the special bird license provided for in (j)(xxxvi).

While none of the amendments gave effect to the others, all have been given effect in this section as set out above.

The 2004 amendments. —

The first 2004 amendment by ch. 30, § 1, effective January 1, 2005, added the language beginning “or from requiring a preference point fee” in (g); substituted “Any resident” for “Effective January 1, 2000, any person” in (k); added (m), and redesignated former (m) as (n).

The second 2004 amendment by ch. 36, § 1, effective January 1, 2005, in the introductory language in (j) inserted “and the applicable fee under W.S. 23-1-701 ,” and added (n) (now (o)).

This section has been set out as specified by the legislative service office.

The 2005 amendments. —

The 2005 amendment, effective July 1, 2005, substituted “500.00” for “1,750.00” in (j)(xxviii) and “5,000.00” for “17,500.00” in (j)(xxix).

The 2006 amendments. —

The 2006 amendment, by ch. 9, § 1, substituted “either withheld from the license fee” for “retained from the license fee” and “remitted or submitted separately when application for a license or preference point is made through electronic licensing” for “submitted” in two places in (m).

Laws 2006, ch. 9, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2006.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Laws 2006, ch. 76, § 1, amends this section effective August 1, 2006, by inserting “23-1-705(e)” in the introductory language of (j).

The 2007 amendments. —

The 2007 amendment, effective January 1, 2008, in (e), substituted “five dollars ($5.00)” for “four dollars ($4.00),” and “fourteen dollars ($14.00)” for “twelve dollars ($12.00)”; and changed dollar amounts for nonresident license fees in (f)(i) through (iii) and (j)(xliii).

The 2009 amendments. —

The 2009 amendment, effective July 1, 2009, in (g) added “or from issuing reduced price ewe and lamb bighorn sheep licenses as provided in subsection (d) of this section” following “subsection (m) of this section” in the last sentence, and in (k) and (m) inserted “ram” preceding “big horn sheep”.

The 2010 amendments. —

The 2010 amendment, effective July 1, 2010, added (j)(xliv) and (j)(xlv).

The 2012 amendments. —

The 2012 amendment, effective July 1, 2012, in (d), deleted the former second sentence which read: “Additional elk licenses 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 2013 amendments. —

The 2013 amendment, effective July 1, 2013, substituted “a voluntary fee of two dollars ($2.00) or any greater amount” for “one dollar ($1.00)” in the first sentence; and added “voluntary” at the beginning of the last sentence in (h).

The 2015 amendments. —

The 2015 amendment, effective January 1, 2016, added (j)(xlvi).

The 2017 amendments. —

The first 2017 amendment, by ch. 119, § 1, effective July 1, 2017, in (k), substituted “subsection (j)” for “subsection (b).”

The second 2017 amendment, by ch. 159, § 1, effective Jan. 1, 2018, in (d)(i), substituted “25.00” for “$22.00”; in (d)(ii), substituted “100.00” for “90.00”; and in (d)(iii), substituted “309.00” for “300.00.”

The 2020 amendments. —

The first 2020 amendment, by ch. 48, § 1, effective January 1, 2021, added (q).

The second 2020 amendment, by ch. 61, § 1, effective July 1, 2020, added (p).

This section is set out as reconciled by the Wyoming legislative service office.

The 2021 amendment , effective July 1, 2021, added "$" preceding the dollar values throughout (j).

Editor's notes. —

There are no subsections (i) or (l) in this section as it appears in the printed acts.

Laws 2004, ch. 30, § 1, added (m) and redesignated former (m) as (n). Laws 2004, ch. 36, § 1, added (n). The subsection added by ch. 36 has been redesignated as (o) by the legislative service office.

Laws 2004, ch. 30, § 1, authorizes the game and fish commission to adopt rules and regulations implementing the provisions of the act upon the effective date of this section.

Laws 2004, ch. 30, § 3(a), makes the act effective immediately upon the completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Constitutionality. —

Law reviews. —

For note including discussion of discrimination against nonresident hunters through license fees, see IX Land & Water L. Rev. 169 (1974).

For comment, “Reserving Wildlife for Resident Consumption: Is the Dormant Commerce Clause the Outfitters' White Knight?,” see XXXII Land & Water L. Rev. 125 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

Private grant or reservation to hunt on another's land, 49 ALR2d 1395.

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

The minimum age to take any big or trophy game animal is twelve (12) years, except that any person may take a big or trophy game animal at eleven (11) years of age if the person will attain twelve (12) years of age by the end of that calendar year. Any person authorized by this subsection under the age of fourteen (14) years shall at all times when hunting be accompanied by a person over the age of majority who possesses and can exhibit a certificate of competency and safety as specified in W.S. 23-2-106 or who currently holds, or has 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 is not the parent or guardian of the hunter, the hunter shall have in his possession a permission slip signed by his parent or guardian allowing him to hunt under supervision. Each accompanying adult shall supervise not more than one (1) hunter under the age of fourteen (14) years. Any person under the age of fourteen (14) years applying for a license to hunt big or trophy game animals under this subsection shall have the application for the license co-signed by his parent or legal guardian.
No person fourteen (14) years or older nor any nonresident person less than fourteen (14) years shall take any small game animal without first obtaining the proper license. A nonresident person less than fourteen (14) years need not obtain a small game animal license if accompanied by an adult possessing a valid unexpired Wyoming small game animal license in which case the nonresident person’s bag limit as established by law or by commission orders shall be applied to and limited by the small game hunting license held by the adult person in his company.
No person fourteen (14) years of age or older shall take any game bird without obtaining the proper license. A resident person under fourteen (14) years of age may take any game bird in this state except wild turkey without a license if accompanied by an adult. A resident or nonresident person under fourteen (14) years of age may take a wild turkey with the proper license if accompanied by an adult. The taking of any game bird by a nonresident person less than fourteen (14) years of age accompanied by an adult person possessing a valid game bird license shall, as established by law and commission order, be applied to and limited by the bag limit under the license held by the adult in company.

History. Laws 1939, ch. 65, §§ 28, 29; C.S. 1945, §§ 47-201, 47-202; W.S. 1957, §§ 23-38, 23-39; Laws 1965, ch. 184, § 7; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-34; Laws 1979, ch. 128, § 1; 1991, ch. 254, § 1; 1993, ch. 63, § 1; 1997, ch. 14, § 1; 2021, ch. 94, § 1.

The 2021 amendment, effective July 1, 2021, added ", except that any person may take a big or trophy game animal at eleven (11) years of age if the person will attain twelve (12) years of age by the end of that calendar year" in the first sentence of (a).

§ 23-2-103. [Repealed.]

Repealed by Laws 1996, ch. 121, § 3.

Editor's notes. —

This section, which derived from Laws 1939, ch. 65, § 34, related to military hunting licenses.

§ 23-2-104. Archery licenses; special seasons; prohibition against firearms; equipment.

Bow and arrow or crossbow are permissible equipment to take game animals, nongame animals, game birds and nongame fish. No license is required to take nongame animals and nongame fish with bow and arrow or crossbow.
The commission may establish special hunting seasons for the taking of big game or trophy game animals by bow and arrow or crossbow in such areas as it may establish by order.
No person shall hunt big game or trophy game with bow and arrow or crossbow during a special archery hunting season without first obtaining an archery license and the appropriate hunting license.
No person holding an archery license shall take big game or trophy game animals during a special archery hunting season or during a limited quota archery only hunting season by the use of any type of firearm. Any person who takes a big game or trophy game animal by the use of a firearm during a special archery hunting season or during a limited quota archery only hunting season 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 law enforcement officer, a person who has taken a big or trophy game animal during a special archery hunting season or during a limited quota archery only hunting season shall allow testing of the animal’s tissue for confirmation of compliance with this section.
The commission shall establish by rule and regulation specifications for crossbows, longbows, recurve bows, compound bows, arrows and broadheads for taking of big or trophy game animals. The rules and regulations promulgated under the provisions of this subsection relating to the hunting of big or trophy game animals shall also apply to the hunting of the gray wolf as a trophy game animal from and after the date gray 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 .
Repealed by Laws 2007, ch. 90, § 2.
Except as otherwise provided, violation of this section or rules promulgated under subsection (e) of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1939, ch. 65, § 51; C.S. 1945, § 47-404; Laws 1953, ch. 108, § 1; 1957, ch. 216, § 1; W.S. 1957, § 23-41; Laws 1961, ch. 201; 1969, ch. 121, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-36; Laws 1977, ch. 104, § 1; 1987, ch. 9, § 1; 1989, ch. 189, § 1; 2003, ch. 115, § 2; 2007, ch. 62, § 1; ch. 90, §§ 1, 2; ch. 194, § 1; 2012, ch. 54, § 1.

Cross references. —

As to penalties for misdemeanors, see § 6-10-103 .

The 2007 amendments. —

The first 2007 amendment, by ch. 62, § 1, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “tenth degree” in (g).

The second 2007 amendment, by ch. 90, §§ 1, 2, effective July 1, 2007, in (e) inserted “and” preceding “a positive safety mechanism”; deleted “and except as provided in subsection (f) of this section, which must be cocked by hand without the aid of leverage gaining devices”; and repealed former (f), which read: “The commission by rule and regulation may authorize a person to use a leverage-gaining device for cocking a crossbow if the person is unable to manually cock a crossbow as the result of a permanent or temporary physical handicap or impairment.”

The third 2007 amendment, by ch. 194, § 1, rewrote (d).

Laws 2007, ch. 194, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2007.

While none of the amendments gave effect to the others, all have been given effect in this section as set out above.

The 2012 amendment, effective July 1, 2012, in (e), deleted the former first five sentences, which read: “When hunting antelope, bighorn sheep, black bear, deer, mountain goat or mountain lion the longbow hunter must be equipped with a longbow of not less than forty (40) pounds draw weight or possessing the ability to cast a hunting arrow of four hundred (400) grain weight at least one hundred sixty (160) yards. When hunting elk, grizzly bear or moose, the longbow hunter must be equipped with a longbow of not less than fifty (50) pounds draw weight or possessing the ability to cast a hunting arrow of five hundred (500) grain weight at least one hundred sixty (160) yards. The crossbow hunter must be equipped with a crossbow of not less than ninety (90) pounds draw weight which has a minimum draw length of fourteen (14) inches (from front of bow to back of string in the cocked position) and a positive safety mechanism. Crossbow bolts must be at least sixteen (16) inches long. The broadhead of arrows or bolts shall be of sharp steel with a minimum cutting width of one (1) inch,” added the present first sentence, inserted “rules and regulations promulgated under the” in the present second sentence and substituted “big or trophy game animals” for “antelope, bighorn sheep, black bear, deer, mountain goat and mountain lion”; and inserted “or rules promulgated under subsection (e) of this section” in (g).

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

Any person holding a valid Wyoming license for game birds or small game animals may purchase a license to hunt with falcon from the department at its office in Cheyenne, Wyoming.
A license to hunt with falcon entitles the licensee to take game birds and small game animals with the use of falcons or hawks so long as that person also holds a valid Wyoming hunting license for the wildlife to be hunted.
The commission under such safeguards as it deems necessary may grant licenses to take falcons or hawks for lawful falconry purposes. The commission shall also regulate or prohibit the exportation of hawks or falcons from the state.
The commission may establish special seasons for hunting game birds or small game animals with falcons or hawks in areas which it establishes by order.

History. Laws 1969, ch. 122, §§ 3, 4; W.S. 1957, §§ 23-108.8, 23-108.9; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-37; Laws 1979, ch. 45, § 1.

§ 23-2-106. Hunter safety; exception.

Except as provided in subsections (c), (d) and (e) of this section, no person born on or after January 1, 1966, may take any wildlife by the use of firearms on land other than that of his own family, unless the person possesses or can demonstrate they have obtained a certificate of competency and safety in the use and handling of firearms as provided by subsection (b) of this section.
The department shall institute and coordinate a statewide course of instruction in safety and competency in handling firearms. The department may cooperate with local governmental agencies or private organizations in providing hunter safety courses. The department may establish and charge a reasonable fee for enrollment in a hunter safety course. Attendance and successful completion of a hunter safety course offered by an association or governmental agency approved by the commission satisfies the requirements of subsection (a) of this section.
Except as provided in subsection (e) of this section, a person who has not received a certificate of competency and safety in the use and handling of firearms as provided by subsection (b) of this section may apply to the department for a special authorization to take wildlife with the use of a firearm while being accompanied by a person who has attained the age of majority, acting as a mentor, who possesses or can demonstrate he has obtained a certificate of competency and safety in the use and handling of firearms and who possesses a valid Wyoming hunting license. A mentor shall not provide supervision for more than one (1) person, other than immediate family members, at a time in the field. The special authorization shall be valid for not more than one (1) year. Nothing in 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 out the purposes of this subsection and subsection (e) of this section.
The requirements of subsections (a) and (b) of this section shall not apply to the following persons:
1. Any active member, honorably discharged past member or veteran of the armed forces of the United States;
2. Any active or retired Wyoming peace officer who has qualified pursuant to W.S. 9-1-701 through 9-1-707 .
A person under fourteen (14) years of age who has not yet received a certificate of competency and safety in the use and handling of firearms may take small game and game birds without receiving special authorization from the department under subsection (c) of this section while being accompanied by a person who has attained the age of majority, acting as a mentor, who possesses or can demonstrate he has obtained a certificate of competency and safety in the use and handling of firearms, unless otherwise exempted as provided in subsection (a) of this section, and who possesses a valid Wyoming small game or game bird license. A mentor shall not provide supervision for more than one (1) person, other than immediate family members, at a time in the field.

History. Laws 1979, ch. 69, § 1; W.S. 1977, § 23-2-107 ; 2008, ch. 38, § 1; 2014, ch. 14, § 1; 2017, ch. 146, § 1.

The 2008 amendment, effective July 1, 2008, in (a), added “Except as provided in subsection (c) of this section,” at the beginning, deleted “apply for and receive any Wyoming hunting license, nor” following “January 1, 1966, may,” substituted “or can demonstrate they have obtained” for “and can exhibit;” and added (c).

The 2014 amendment, effective July 1, 2014, in (a), substituted “subsections (c) and (d)” for “subsection (c)”; in (c), inserted “other than immediate family members” in the second sentence, deleted the former third sentence which read “No person may apply for more than one (1) special authorization”; and added (d).

The 2017 amendment, effective July 1, 2017, in (a), inserted “and (e)” and made a related change; at the beginning of (c), inserte “Except as provided in substion (e) of this section, a”, and inserted “and subsection (e) of this section” at the end of the last sentence; and added (e).

Editor's notes. —

This section was enacted as § 23-2-107 but has been renumbered for numerical continuity.

§ 23-2-107. Wild bison licenses.

Except as provided in subsection (f) of this section, any person who will be fourteen (14) years of age or older prior to September 15 of the season for which the wild bison license is issued and who qualifies under W.S. 23-2-106 may apply to the department for a wild bison license.
Repealed by Laws 1999, ch. 92, § 2.
The commission shall promulgate reasonable rules and regulations regulating wild bison licenses and the management of wild bison. The rules shall provide for:
1. License drawing procedures;
2. Repealed by Laws 2017, ch. 159, § 2.
3. Notification of license recipients as to when and where they may hunt;
4. Open and closed hunting seasons;
5. Tagging requirements for carcasses, skulls and hides;
6. Possession limits; and
7. Requirements for transportation and exportation.
Any person who takes a wild bison without a license in an area open to hunting or takes a bison within a closed area is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
A resident applicant shall pay a license fee of four hundred twelve dollars ($412.00) for a license to harvest any wild bison or two hundred fifty-eight dollars ($258.00) for a license to harvest a female or calf wild bison and shall pay the fee required by W.S. 23-2-101(e). A nonresident applicant shall pay a license fee of four thousand four hundred dollars ($4,400.00) for a license to harvest any wild bison or two thousand seven hundred fifty dollars ($2,750.00) for a license to harvest a female or calf wild bison and shall pay the fee required by W.S. 23-2-101(e). The fee charged under W.S. 23-1-701 shall be in addition to the fee imposed under this subsection.
Any person who is issued:
1. An any wild bison license and harvests:
  1. A bull of the species shall be ineligible to apply for or receive an any wild bison license in any future year, but shall be eligible to apply for and receive a female or calf wild bison license in the immediately following season;
  2. A female or calf of the species shall be ineligible to apply for or receive a female or calf wild bison license in the immediately following five (5) years, but shall be eligible to apply for and receive an any wild bison license in the immediately following season.
2. A female or calf wild bison license and harvests a female or calf of the species shall be ineligible to apply for or receive an any wild bison license or a female or calf wild bison license in the immediately following five (5) years.

History. Laws 1989, ch. 23, § 1; 1991, ch. 254, § 1; 1996, ch. 121, § 2; 1999, ch. 92, §§ 1, 2; 2000, ch. 6, § 1; 2003, ch. 144, § 1; 2004, ch. 36, § 1; 2007, ch. 2, § 1; ch. 62, § 1; 2013, ch. 204, § 1; 2017, ch. 159, §§ 1, 2.

The 2003 amendment, effective January 1, 2004, substituted “three hundred thirty dollars ($330.00)” for “two hundred seventy-five dollars ($275.00)” in the first sentence of (e) and substituted “two thousand one hundred dollars ($2,100.00)” for “one thousand six hundred eighty-eight dollars ($1,688.00)” in the second sentence of (e).

The 2004 amendment, effective January 1, 2005, added the last sentence in (e).

The 2007 amendments. —

The first amendment, by ch. 62, § 1, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “first degree misdemeanor” in (d).

The second 2007 amendment, by ch. 62, § 1, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “first degree misdemeanor” in (d).

The 2013 amendment, effective July 1, 2013, added the provision to (a); in (e), added “for a license to harvest any wild bison or two hundred fifty dollars ($250.00) for a license to harvest a female or calf wild bison”, and “for a license to harvest any wild bison or one thousand dollars ($1,000.00) for a license to harvest a female or calf wild bison”; and added (f).

The 2017 amendments. — The first 2017 amendment, effective January. 1, 2018, rewrote (e) by updating license fees.

The second 2017 amendment, effective January. 1, 2018, repealed former (c)(iii), which read: “Notification of license recipients as to when and where they may hunt.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Appropriations. —

Laws 2013, ch. 204, § 2, directs: “There is appropriated two hundred fifty thousand dollars ($250,000.00) from the general fund to the attorney general's office. This appropriation shall only be expended for the purpose of protecting or defending the rights of Wyoming citizens under the Second Amendment to the United States Constitution to possess and use any firearm legal pursuant to Wyoming law and useful in hunting bison, including defending against any executive orders which would limit the ability of Wyoming citizens to hunt or manage bison. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose except that these funds may be subject to the B-11 process for use only for purposes related to Second Amendment protections as provided in this section. Any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2014.”

§ 23-2-108. [Repealed.]

Repealed by Laws 1996, ch. 121, § 4.

Cross references. —

For present provisions, see § 23-2-101 .

Editor's notes. —

This section, which derived from Laws 1996, ch. 121, § 1, provided temporary fees for hunting licenses for the period July 1, 1996 through December 31, 1999, and expired according to its own terms.

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

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

History. Laws 1997, ch. 15, § 1; 2004, ch. 30, § 1; 2007, ch. 62, § 1.

The 2004 amendment, effective January 1, 2005, inserted “or (g).”

The 2007 amendment, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “5th degree misdemeanor.”

Editor's notes. —

Laws 2004, ch. 30, § 2, authorizes the game and fish commission to adopt rules and regulations implementing the provisions of the act upon the effective date of this section.

Laws 2004, ch. 30, § 3(a), makes the section effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Article 2. Fish

Am. Jur. 2d, ALR and C.J.S. references. —

35A Am. Jur. 2d Fish and Game § 53.

36A C.J.S. Fish § 36.

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

Any qualified person may purchase a fishing license from the department or its authorized selling agents. Purchase of a license entitles the licensee to take any fish of Wyoming at the time, in a place, in a manner and in an amount as provided by law and the orders of the commission. At the time of application for a resident license under this section, the applicant shall provide a valid Wyoming driver’s license or a copy thereof, or other proof of residency. The commission shall promulgate reasonable rules and regulations stating what proof of residency is required so that only bona fide Wyoming 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) of this section and except for the resident disabled veteran’s lifetime license issued under subsection (f) of this section, 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 preceding the application date.
Repealed by Laws 1999, ch. 92, § 2.
In addition to other fees under this section, persons purchasing a fishing license under this section may pay a voluntary fee of two dollars ($2.00) or any greater amount to fund search and rescue activities in the state. The department shall provide information on the license form that the purchaser may pay the fee under this subsection to be credited to the search and rescue account. Any voluntary fees collected under this subsection shall be deposited in the search and rescue account created by W.S. 19-13-301(a).
The following fishing licenses may be purchased for the fee indicated in addition to the applicable fee under W.S. 23-1-701 and subject to the limitations provided:
1. Resident fishing license . . . . . $25.00
2. Nonresident fishing license . . . . . $100.00
3. Nonresident youth fishing license . . . . . $15.00
4. Resident youth fishing license (between their 14th and 18th birthdays) . . . . . $3.00
5. Repealed by Laws 2000, ch. 27, § 2.
6. Nonresident daily fishing license . . . . . $12.00
7. Resident daily fishing license . . . . . $4.00
8. Resident lifetime fishing license . . . . . $309.00
9. Nonresident five (5) consecutive day fishing license . . . . . $54.00
In addition to other fees under this section, persons applying for a license or tag under this section may pay any whole dollar amount to fund the purchase of access easements by the commission to provide access to public and private lands.
Any resident disabled veteran who receives fifty percent (50%) or more service connected disability compensation from the United States department of veteran’s affairs may apply to the department for a resident disabled veteran’s lifetime fishing license. The license entitles the resident disabled veteran to take any fish within Wyoming at the time, in a place, in a manner and in an amount as provided by law and the orders of the commission. Application shall include proof of residency required under subsection (a) of this section, certification of the applicant’s service connected disability and other information required by rule and regulation of the commission. Notwithstanding subsection (a) and paragraph (d)(viii) of this section, a disabled veteran’s lifetime fishing license shall be issued to an eligible applicant without payment of any fee.
Any resident who is on active duty in the United States military deployed to a combat zone who is home on leave may apply to the department for a resident daily fishing license. Application under this section shall include proof of residency required under subsection (a) of this section, certification of the applicant’s active duty deployment to a combat zone and other information required by rule and regulation of the commission. Notwithstanding subsection (a) and paragraph (d)(vi) of this section, a resident daily fishing license issued pursuant to this subsection shall be issued to the eligible applicant without charge. For purposes of this subsection, a combat zone is any area which the president of the United States designates by executive order as an area in which the armed forces of the United States are engaged in combat.
In addition to other fees under this section, persons applying for a license under this section may pay any whole dollar amount to support wildlife conservation efforts related to the transportation system. The department shall provide information on the application form specifying that the applicant may pay the contribution under this subsection. Funds collected under this subsection shall be transmitted to the state treasurer to be credited to the wildlife conservation account created by W.S. 31-2-231(b).

History. Laws 1939, ch. 65, § 34; 1943, ch. 112, § 6; 1945, ch. 84, § 1; C.S. 1945, § 47-207; Laws 1946, Sp. Sess., ch. 2, § 1; 1949, ch. 90, § 1; 1951, ch. 71, § 1; 1955, ch. 117, § 1; W.S. 1957, § 23-86; Laws 1959, ch. 196, § 1; 1961, ch. 162, §§ 1, 2; 1965, ch. 132, § 1; ch. 147, § 1; ch. 184, § 3; 1969, ch. 31, § 1; ch. 75, § 1; ch. 129, §§ 8, 9; 1971, ch. 28, § 1; ch. 199, § 1; ch. 233, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-38; Laws 1979, ch. 29, §§ 1, 2; 1985, ch. 166, § 1; 1986, ch. 69, § 1; 1989, ch. 24, § 1; 1991, ch. 254, § 1; 1993, ch. 1, § 1; 1996, ch. 48, § 1; ch. 121, §§ 2, 3; 1998, ch. 99, § 2; 1999, ch. 26, § 1; ch. 92, §§ 1, 2; 2000, ch. 27, §§ 1, 2; 2003, ch. 71, § 1; ch. 144, § 1; 2004, ch. 36, § 1; 2006, ch. 76, § 1; 2007, ch. 2, § 1; 2013, ch. 23, § 1; 2017, ch. 119, § 1; ch. 159, § 1; 2020, ch. 61, § 1; 2021, ch. 149, § 1.

Cross references. —

As to deposits into the game and fish fund, see § 23-1-501(d).

The first 2003 amendment by ch. 71, § 1, effective July 1, 2003, inserted “and except for the resident disabled veteran's lifetime license issued under subsection (f) of this section” in the last sentence of (a); and added (f).

The second 2003 amendment by ch. 144, § 2, effective January 1, 2004, substituted “$18.00” for “$15.00” in (d)(i); and substituted “$75.00” for “$65.00” in (d)(ii).

While neither amendment gave effect to the other, both have been given effect in the section as set out above.

The 2004 amendments. —

The 2004 amendment, effective January 1, 2005, in (d), inserted “in addition to the applicable fee under W.S. 23-1-701 .”

The 2006 amendments. —

The 2006 amendment, effective August 1, 2006, added (g).

The 2007 amendments. —

The 2007 amendment, effective January 1, 2008, in (d), changed dollar amounts for license fees in (i), (ii) and (vi) through (viii).

The 2013 amendment, effective July 1, 2013, substituted “a voluntary fee of two dollars ($2.00) or any greater amount” for “one dollar ($1.00)” in the first sentence; and added “voluntary” at the beginning of the last sentence in (c).

The 2017 amendments — The first 2017 amendment, by ch. 119, § 1, effective January 1, 2018, added (d)(ix).

The second 2017 amendment, by ch. 159, § 1, effective January 1, 2018, in (d)(i), substituted “25.00” for “$22.00”; in (d)(ii), substituted “100.00” for “90.00”; and in (d)(iii), substituted “309.00” for “300.00.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2020 amendment, effective July 1, 2020, added (h).

The 2021 amendment, effective July 1, 2021, added "$" preceding the dollar values throughout (d).

Law reviews. —

For note including discussion of discrimination against nonresident hunters through license fees, see IX Land & Water L. Rev. 169 (1974).

Am. Jur. 2d, ALR and C.J.S. references. —

Applicability of state fishing license laws to fishing in private lake or pond, 15 ALR2d 754.

§ 23-2-202. Age restrictions; fishing.

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

History. Laws 1939, ch. 65, § 30; C.S. 1945, § 47-203; Laws 1949, ch. 88, § 1; W.S. 1957, § 23-40; Laws 1959, ch. 66, § 1; 1969, ch. 141, § 1; 1971, ch. 192, § 8; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-39; 2003, ch. 48, § 2.

§ 23-2-203. [Repealed.]

Repealed by Laws 1996, ch. 121, § 3.

Editor's notes. —

This section, which derived from Laws 1939, ch. 65, § 34, related to military fishing licenses.

§§ 23-2-204 and 23-2-205. [Repealed.]

Repealed by Laws 1979, ch. 29, § 2.

Editor's notes. —

These sections, which derived from Laws 1939, ch. 65, § 34, and Laws 1973, ch. 249, § 1, related to girl scout fishing licenses, and special 30-day fishing licenses, respectively.

§ 23-2-206. Underwater fishing.

The commission may set limits and designate specified waters as being open to underwater spear gun fishing for fish. In specified waters the use of spear guns of types approved by the commission to take fish underwater with or without underwater breathing apparatus is permissible. No game fish may be taken unless the underwater fisherman is completely submerged.
Repealed by Laws 1996, ch. 121, § 3.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-43; Laws 1979, ch. 128, § 1; 1996, ch. 121, § 3.

§ 23-2-207. Special limited fishing permit for hospitalized veterans, residents of state institutions, court placed children and residents of licensed nursing care facilities; students.

Upon an appropriate form furnished by the appropriate institution or facility as prescribed by rule and regulation of the commission, a special limited fishing permit may be issued without charge by:
1. Any veterans administration hospital within Wyoming to any hospitalized veteran under its care and supervision, which entitles the hospitalized veteran to fish while under the direct control of the hospital;
2. The department of health or the department of family services to 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 the direct supervision of the appropriate institution;
3. Any Wyoming private residential facility or group home to any child who is placed in the facility or home pursuant to court order and who is in either protective or temporary legal custody of the state, which entitles the child to fish only while under the direct control and supervision of the facility or home;
4. 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 any person under the care and supervision of and residing in the facility, which entitles this person to fish while under the direct control of the facility;
5. Any Wyoming accredited school, to any enrolled student who is participating in a curriculum based program as described in W.S. 21-9-101 , which entitles the student to fish while under the direct supervision of the school.
The commission may by rule and regulation limit the area within which a special limited fishing permit is valid.

History. Laws 1988, ch. 29, § 1; 1991, ch. 69, § 1; 1992, ch. 25, § 3; 1993, ch. 54, § 1; 1995, ch. 22, § 1; 1998, ch. 7, § 1; 2001, ch. 21, § 1; 2008, ch. 85, § 1; 2011, ch. 43, § 1.

The 2008 amendment, effective July 1, 2008, substituted “life resource center” for “state training school” and “supervision” for “control” in (a)(ii).

The 2011 amendment, effective July 1, 2011, added (a)(v).

§ 23-2-208. Landowners fishing generally.

Notwithstanding W.S. 23-2-202 , any individual who owns land wholly containing a lake, pond or ponds which derive their source of water from surface runoff, natural springs or wells may stock the lake, pond or ponds with eggs or fish with the consent and under the supervision of the department or its authorized personnel provided that other game fish regulated by the commission do not occur in the lake, pond or ponds. The individual landowner and the landowner’s spouse, children and grandchildren may fish in the lake, pond or ponds without first obtaining a fishing license. Upon removal from the landowner’s property containing the authorized lake, pond or ponds, the individual landowner shall provide a written statement to the possessor of any fish verifying the number and species of fish caught, kept and removed from such property. The lake, pond or ponds shall be approved by the department pursuant to commission rule and regulation.

History. Laws 1991, ch. 45, § 1.

§ 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 nonresidents may during the designated free sport fishing day, without payment of any fee and without acquiring a license pursuant to W.S. 23-2-201 or a conservation stamp under W.S. 23-2-306 , exercise the privileges of sport fishing licensees subject to limitations imposed upon licensees by law and commission rule and regulation.

History. Laws 2003, ch. 48, § 1; 2018, ch. 108, § 1.

The 2018 amendment, effective July 1, 2018, in (a)(v), substituted “W.S. 23-2-306 ” for “W.S. 23-3-306 ” in the second sentence.

Effective dates. —

Laws 2003, ch. 48, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 26, 2003.

Article 3. Miscellaneous Fees; Taxidermists; Trapping; Fur Dealers

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

Repealed by Laws 1999, ch. 92, § 2.
Repealed by Laws 2004, ch. 124, § 3.
The following licenses and tags may be purchased for the fee indicated in addition to the applicable fee under W.S. 23-1-701 and subject to other requirements of this article:
1. Resident trapping license-furbearing . . . . . $43.00
2. License to capture furbearing animals for domestication . . . . . $19.00
3. Resident fur dealer’s license . . . . . $52.00
4. Nonresident fur dealer’s license . . . . . $283.00
5. Taxidermist’s license . . . . . $67.00
6. Nonresident taxidermist’s license . . . . . $721.00
7. Game bird farm license . . . . . $134.00
8. Fishing preserve license . . . . . $134.00
9. Commercial fish hatchery license . . . . . $185.00
10. License to seine or trap fish . . . . . $19.00
11. License to deal in live bait . . . . . $67.00
12. Nonresident trapping license- furbearing . . . . . $247.00
13. Resident youth trapping license (residents under the age of seventeen (17) years of age) . . . . . $6.00
14. Pioneer resident trapping license-furbearing (residents aged sixty-five (65) years of age or older, who have resided in Wyoming for thirty (30) years) . . . . . $20.00

The 2003 amendments. —

The 2003 amendment, effective January 1, 2004, deleted “Effective January 1, 2000” from the beginning of (c); and increased the fees set out in (c)(i), (iii) through (ix), (xi), and (xii).

The 2004 amendments. —

The first 2004 amendment, by ch. 36, § 1, effective January 1, 2005, inserted “in addition to the applicable fee under W.S. 23-1-701 ” in (c).

The second 2004 amendment, by ch. 124, § 13, effective January 1, 2005, by repealed (b), pertaining to proof of residency.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2007 amendments. —

The 2007 amendment, effective January 1, 2008, changed dollar amounts for miscellaneous license fees in (c)(i) through (c)(xii).

The 2017 amendments. —

The 2017 amendment, effective Jan. 1, 2018, rewrote (c)(i) through (c)(xii), by amending hunting and trapping license fees.

The 2021 amendments. —

The first 2021 amendment, by ch. 95, § 1, effective July 1, 2021, added (c)(xiv).

The second 2021 amendment, by ch. 149, § 1, effective July 1, 2021, added "$" preceding the dollar values throughout (c).

Meaning of “this act.” —

For definition of “this act,” referred to in the introductory language of subsection (a), see § 23-1-102(a)(xiii).

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

Any person who conducts business for the purpose of mounting, preserving or preparing wildlife specimens shall apply for and receive a taxidermist’s license upon payment of the proper fee prior to receiving wildlife specimens.
through (d) Repealed by Laws 2014, ch. 42, § 2.
Licensed taxidermists and persons shipping wildlife specimens to, or receiving wildlife specimens from, a licensed taxidermists are exempt from the requirements of W.S. 23-3-106(a) and (b).
A licensed taxidermist shall maintain records of wildlife specimens received. Those records shall be available for a regulatory inspection upon a forty-eight (48) hour notification by the department. The records shall be submitted to the department by January 31 each year for the preceding year.

History. Laws 1939, ch. 65, § 41; C.S. 1945, § 47-214; W.S. 1957, § 23-61; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-45; 2007, ch. 62, § 1; 2014, ch. 42, §§ 1, 2.

The 2007 amendment, effective July 1, 2007, substituted “a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “an 11th degree misdemeanor” in (c).

The 2014 amendment, in (a), substituted “person who conducts business for the purpose of mounting, preserving or preparing wildlife specimens shall apply” for “qualified person may apply” and added “prior to receiving wildlife specimens” following “proper fee”; and added (e) and (f); and repealed former (b) through (d) which read:

“(b) Before a taxidermist's license is issued, the applicant shall post a surety or cash bond with the department in an amount determined by the commission conditioned to the effect that the taxidermist shall complete his work within a reasonable time and promptly upon completion and payment of fee return the specimen to the client.

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

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

Laws 2014, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 7, 2014.

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

Any person may, in the discretion of the department upon application and the payment of the proper fee, receive a license to trap any furbearing animal. The department shall issue a trapping license to a nonresident only if his state issues licenses to Wyoming residents to trap the same species for which residents of that state may be licensed to trap in that state. Any nonresident applying for a Wyoming trapping license shall furnish:
1. A notarized affidavit stating the applicant’s legal address including his state of residence; and
2. A copy of the most current statutes or rules and regulations of the applicant’s state of residence which show that the state issues nonresident trapping licenses which authorize Wyoming residents to trap the same species for which residents of that state may be licensed to trap in that state.
At the time of application for a trapping license, the department shall determine:
1. The area in the district where the trapper may take furbearing animals;
2. Allowable harvests of furbearing animals within designated areas which may be taken in a given time.
Repealed by Laws 1987, ch. 156, § 2.
The commission, following consultation with other affected entities, may promulgate rules and regulations establishing specifications for snares, breakaway weights, location of breakaway devices, loop size and anchors for trapping and snaring of furbearing and predatory animals. All traps and snares used for furbearing or predatory animals shall be permanently marked or tagged with the name and address of the owner or the identification number assigned to the owner by the department. Any identification number attached to a trap or snare pursuant to this subsection is solely for the use of the department or appropriate law enforcement officers and is not a public record for purposes of W.S. 16-4-201 through 16-4-205 . No trap or snare shall be set for furbearing or predatory animals within thirty (30) feet of any exposed bait or 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 a mammal, bird or fish, excluding dried bones. All snares used for taking furbearing or predatory animals shall be equipped with a break-away device. Unless otherwise specified in this subsection, all steel-jawed leghold traps shall be checked by the owner at least once during each seventy-two (72) hour period unless extensions are granted by the department. All snares and quick kill body grip traps shall be checked by the owner not less than once each week unless extensions are granted by the department. All wildlife caught in any trap or snare shall upon discovery, be removed immediately by the owner. Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
After the date gray 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 the commission may enact rules and regulations setting forth the specifications for traps and snares used for the taking of gray wolves and the time period for checking such traps and snares. Except as otherwise provided by commission rule, the provisions in this section regulating the trapping of furbearing and predatory animals shall apply to the trapping of gray wolves.
Any trap or snare found in the field not bearing the name and address of the owner of the trap or snare or the identification number assigned by the department to the owner of the trap or snare may be confiscated by any employee of the department. Any landowner or his agent may inspect any trap or snare set on his property, may remove the trap or snare and may release or remove from the trap or snare any wildlife which has not been taken lawfully. The landowner or his agent shall notify the department of any such wildlife, excluding predatory animals, as soon as practicably possible after removing the wildlife from a trap or snare.
A violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v). Except as otherwise provided in this section, no person shall intentionally:
1. Tamper with or remove a trap or snare set and maintained in compliance with this act; or
2. Release or remove a furbearer or predator from a trap or snare set and maintained in compliance with this act.

History. Laws 1939, ch. 65, § 81; C.S. 1945, § 47-519; W.S. 1957, § 23-64; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-46; Laws 1977, ch. 112, § 1; 1978, ch. 30, § 1; 1987, ch. 156, § 2; 1989, ch. 242, § 1; 2001, ch. 77, § 1; 2003, ch. 115, § 2; 2004, ch. 53, § 1; 2007, ch. 62, § 1; 2009, ch. 27, § 1.

Cross references. —

As to trapping devices prohibited, see § 23-3-304 .

The 2004 amendment, effective July 1, 2004, added the last two sentences in (e); and added (f).

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “ninth degree misdemeanor” in (d); substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “7th degree misdemeanor as specified under W.S. 23-6-202(a)(vii)” in the introductory language in (f).

The 2009 amendment, effective July 1, 2009, rewrote (d) by adding the first sentence, and changing the descriptions of snares and traps and the times to check them; added subsection designation (e); redesignated former (e) and (f) as (f) and (g); substituted “as soon as practicably possible after” for “prior to” in (f).

Editor's notes. —

Laws 2009, ch. 27, § 2 provides: “The commission shall adopt final rules to implement this act not later than July 1, 2009.”

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

Any person who desires to engage in the business of buying, collecting, selling, or shipping raw furs other than hides from cloven hoof big game animals shall apply for and pay to the department the proper fee for a resident fur dealer’s license or a nonresident fur dealer’s license prior to commencing the business.
Fur dealers may receive, purchase, store, handle, ship, sell, transport, and deliver hides from cloven hoof big game animals either within or without the state without tagging the hides with a Wyoming game tag so long as proper records are kept.
Repealed by Laws 1987, ch. 156, § 2.
Fur dealers bringing hides or furs into Wyoming lawfully obtained in another state shall not remove any tag, tattoo mark, or other identification attached to or placed upon the hide or fur by the authorities of another state.

History. Laws 1939, ch. 65, § 43; 1943, ch. 112, § 7; C.S. 1945, § 47-216; W.S. 1957, § 23-63; Laws 1957, ch. 179, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-47; Laws 1987, ch. 156, § 2.

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

Any resident person who desires to capture furbearing animals for domestication or propagation shall apply for and pay to the department the proper fee for a license to capture furbearing animals for the purposes of domestication or propagation. The department may issue the license under such restrictions as it deems necessary.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-48.

§ 23-2-306. Conservation stamp; exemptions.

History. Laws 1983, ch. 175, § 1; 1985, ch. 166, § 1; 1986, ch. 69, § 1; 1988, ch. 29, § 2; 1989, ch. 23, § 2; 1996, ch. 121, § 2; 1997, ch. 16, § 1; 1999, ch. 92, § 1; 2000, ch. 63, § 1; 2003, ch. 71, § 1; ch. 195, § 1; 2004, ch. 36, § 1; 2006, ch. 9, § 1, ch. 76, § 1; 2007, ch. 2, § 1; 2009, ch. 25, § 1; 2011, ch. 42, § 1; 2017, ch. 119, § 1; ch. 159, § 1; 2018, ch. 89, § 1; 2019, ch. 131, § 1; 2020, ch. 61, § 1; 2021, ch. 73, § 1.

The 2003 amendments. —

The first 2003 amendment, by ch. 71, § 1, effective July 1, 2003, inserted “23-2-201(f)” and made a related stylistic change in the introductory paragraph of (a).

The second 2003 amendment, by ch. 195, § 1, effective January 1, 2004, in (b), substituted “one hundred fifty dollars ($150.00)” for “seventy-five dollars ($75.00) in the first sentence, and added the second sentence, including (b)(i) and (ii).

While neither amendment gave effect to the other, both have been given effect in the section as set out above.

The 2004 amendment, effective January 1, 2005, inserted references to the applicable fee under W.S. 23-1-701 in the introductory language in both (a) and (b).

The 2006 amendments. —

The first 2006 amendment, by ch. 9, § 1, inserted “the stamp or an authorization signifying purchase of the stamp shall be” in (a).

Laws 2006, ch. 9, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2006.

The second 2006 amendment, by ch. 76, § 1, effective August 1, 2006, in (a), substituted “licenses issued” for “pioneer licenses as defined,” inserted “23-2-201(g),” and make related changes.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2007 amendment, effective January 1, 2008, in (a), substituted “twelve dollars ($12.00)” for “ten dollars ($10.00)” in the introductory language, and substituted “Twenty-five percent (25%) of the revenues collected under this subsection” for “Two dollars and fifty cents ($2.50)” in (i); substituted “one hundred eighty dollars ($180.00)” for “one hundred fifty dollars ($150.00)” in (b).

The 2009 amendment, effective January 1, 2010, in (a), substituted “subsections (b) and (c)” for “subsection (b)” in the first sentence, deleted “licenses issued under W.S. 23 1 705(d) and (e), of” after “Holders of” in the third sentence, and added “when exercising hunting or fishing privileges provided under those specific licenses” at the end of the third sentence; and added (c).

The 2011 amendment, effective July 1, 2011, in (c), inserted “or (k)” twice, and made related changes.

The 2017 amendments. —

The 2017 amendments. — The first 2017 amendment, by ch. 119, § 1, effective January 1, 2018, in (a), added “and (ix)” in the second sentence; and made related changes.

The second 2017 amendment, by ch. 159, § 1, effective Jan. 1, 2018, in (b), substituted “one hundred eighty-five dollars ($185.00)” for “one hundred eighty dollars ($180.00).”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2018 amendment, effective January 1, 2019, in (a), substituted “valid for the time period specified in commission rules not to exceed twelve (12) months. The stamp” for “valid for one (1) calendar year and the stamp.”

The 2019 amendment, effective July 1, 2019, in (a), added "23-1-302(q)."

The 2020 amendment, effective July 1, 2020, in the introductory language of (a) substituted “subsections (b), (c) and (d) of this section” for “subsections (b) and (c) of this section”; and added (d).

The 2021 amendment , effective July 1, 2021, substituted "twenty-one dollars ($21.00)" for "twelve dollars ($12.00)" in the first sentence of (a); and added (e).

Editor's notes. —

Laws 1983, ch. 175, § 2, provides:

“(a) Any person may contribute to the enhancement of fish and wildlife habitat by purchasing a fish and wildlife habitat card. The card shall show the name of the purchaser and shall indicate the amount of the contribution by a letter designation on the card as follows:

“(i) Five dollars ($5.00) ‘C’ Card;

“(ii) Ten dollars ($10.00) ‘B’ Card;

“(iii) Twenty dollars ($20.00) ‘A’ Card;

“(iv) Fifty dollars ($50.00) or more ‘A’ Card.

“(b) Cards shall be approximately two and one-quarter (21/4) inches by three and one-quarter (31/4) inches in size. All proceeds from the voluntary purchase of such cards shall be transferred to the game and fish fund under W.S. 23-1-501 .”

Cross references. —

As to a free sport fishing day, see § 23-2-209 .

§ 23-2-307. Special management permit.

The commission may by rule and regulation define those special management programs which require additional expenditures for the propagation, stocking or feeding of wildlife, for designated trophy management areas and for hunting and fishing field development. Any person participating in a special management program shall be required to purchase a special management permit for the program.
Special management permits may be purchased from the department or its authorized selling agents for fifteen dollars ($15.00) plus the applicable fee under W.S. 23-1-701 and, if issued on or after January 1, 2019, shall expire as provided in commission rules.

History. Laws 1996, ch. 121, § 1; 2004, ch. 36, § 1; 2007, ch. 2, § 1; 2017, ch. 159, § 1; 2018, ch. 89, § 1; ch. 89, § 1.

The 2004 amendment, effective January 1, 2005, in (b) inserted “plus the applicable fee under W.S. 23-1-701 ” following “ten dollars ($10.00).”

The 2007 amendment, effective January 1, 2008, substituted “twelve dollars ($12.00)” for “ten dollars ($10.00)” in (b).

The 2017 amendment, effective Jan. 1, 2018, in (b), substituted “fifteen dollars ($15.00)” for “twelve dollars ($12.00).”

The 2018 amendment, effective January 1, 2019, in (b), substituted “and, if issued on or after January 1, 2019, shall expire as provided in commission rules” for “and, shall be valid for one (1) calendar year.”

Editor’s notes. —

Article 4. Guides and Outfitters

Notice. —

§ 23-2-401. Guides required; exceptions; issuance of resident guide license.

No nonresident shall hunt big or trophy game animals on any designated wilderness area, as defined by federal or state law, in this state unless accompanied by a licensed professional guide or a resident guide. There shall be at least one (1) licensed professional guide or resident guide accompanying each two (2) nonresident hunters. The commission may also specify other areas of the state, or specific big or trophy game species, for which a licensed professional or resident guide is required for nonresidents, for purposes of proper game management, protection of hunter welfare and safety, or better enforcement of game and fish laws. The commission may allow licensed guides to accompany more than two (2) hunters but no more than six (6) hunters in specific areas.
Any resident possessing a valid resident big or trophy game animal license may apply for and receive a resident guide license. The resident guide license shall be issued without charge or bond by the commission, any district supervisor or resident game warden upon receipt of an affidavit from the resident stating the names and addresses of the nonresident hunters to be guided, the game to be hunted, the area to be hunted, and that the resident has not received nor will accept directly or indirectly any compensation for his services as a guide. A resident guide shall not guide more than two (2) nonresident hunters in any calendar year on any national forest, wilderness area, 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. An exchange of guide services shall not be considered compensation for the purposes of this section. The name and license number of the nonresident hunter shall be placed on the back of the resident guide license and stamped or signed by the issuer.
A resident landowner may guide hunters on land owned by or deeded land leased to him without a guide license, or he may authorize nonresidents hunting without a guide on those lands. The license must bear the signature of the landowner, lessee, or agent of the owner on whose private property he is hunting as evidence that permission to hunt has been granted.
Repealed by Laws 2000, ch. 48, § 3.

History. Laws 1939, ch. 65, § 47; 1943, ch. 112, § 9; C.S. 1945, § 47-401; Laws 1946, Sp. Sess., ch. 2, § 4; 1949, ch. 88, § 2; 1957, ch. 168, § 2; W.S. 1957, § 23-54; Laws 1961, ch. 109, § 1; 1969, ch. 129, § 2; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-49; Laws 1975, ch. 81, § 1; 1992, ch. 52, § 1; 2000, ch. 48, § 3; 2001, ch. 177, § 1; 2011, ch. 186, § 1.

The 2011 amendment, effective July 1, 2011, added the present second to the last sentence.

Requirement that nonresident employ guide held constitutional. —

Subsection (a), requiring nonresident big game hunters who hunt in federal wilderness areas to employ guides, does not violate the equal protection provisions of the federal and state constitutions, nor the privileges and immunities clause of the United States constitution. O'Brien v. State, 711 P.2d 1144, 1986 Wyo. LEXIS 443 (Wyo. 1986).

The requirement that a nonresident employ a guide to accompany him into a federal wilderness, in which he has a valid license to hunt, is specifically authorized by the National Wilderness Preservation System Act and regulations, and does not violate the supremacy clause. O'Brien v. State, 711 P.2d 1144, 1986 Wyo. LEXIS 443 (Wyo. 1986).

Standing. —

Nonresident hunter failed to establish standing to challenge the Wyoming's guide statute, Wyo. Stat. Ann. § 23-2-401 , because he did not demonstrate that he actually drew a big horn sheep hunting license and was denied access to hunting in wilderness areas; standing will not be granted based upon conjecture or speculation. Schutz v. Thorne, 415 F.3d 1128, 2005 U.S. App. LEXIS 13906 (10th Cir. Wyo. 2005), cert. denied, 546 U.S. 1174, 126 S. Ct. 1340, 164 L. Ed. 2d 55, 2006 U.S. LEXIS 1203 (U.S. 2006).

Quoted in

Wyoming Bd. of Outfitters & Prof'l Guides v. Clark, 2001 WY 78, 30 P.3d 36, 2001 Wyo. LEXIS 98 (Wyo. 2001).

Stated in

Lineberger v. Wyo. State Bd. of Outfitters, 2002 WY 55, 44 P.3d 56, 2002 Wyo. LEXIS 57 (Wyo. 2002).

Cited in

Peterson v. Wyoming Game & Fish Comm'n, 989 P.2d 113, 1999 Wyo. LEXIS 166 (Wyo. 1999); Billings v. Wyo. Bd. of Outfitters & Prof'l Guides, 2004 WY 42, 88 P.3d 455, 2004 Wyo. LEXIS 50 (2004).

Law reviews. —

For note on constitutional considerations and the new Wyoming Guide Law, see IX Land & Water L. Rev. 169 (1974).

For comment, “Reserving Wildlife for Resident Consumption: Is the Dormant Commerce Clause the Outfitters' White Knight?,” see XXXII Land & Water L. Rev. 125 (1997).

§§ 23-2-402 through 23-2-405. [Repealed.]

Repealed by Laws 1989, ch. 279, § 2.

Editor's notes. —

These sections, which derived from Laws 1939, ch. 65, §§ 35, 37 and 39, and Laws 1973, ch. 249, § 1, related to guides and outfitters, licensing, violations, and qualifications, respectively. For present provisions, see §§ 23-2-406 through 23-2-418 .

§ 23-2-406. Definitions.

As used in this act:
1. “Advertises” means attempting by any means, including the Internet, the World Wide Web or a similar proprietary or common carrier electronic system, to induce persons to enter into an agreement with an outfitter to receive guide or packing services;
2. “Board” means the Wyoming state board of outfitters and guides established under this act;
3. “Guide services” means for hire or remuneration, accompanying and providing assistance to a hunter in the field relating to the taking of any big or trophy game animal except as provided in W.S. 23-2-401(b) and (c);
4. “Outfitter” means a person including a hunting club, who advertises or holds himself out to the public for hire for the purpose of financial gain in order to provide guide or packing services for the purpose of taking any big or trophy game animal, excluding any person who furnishes pack or riding animals and other equipment only to a hunter for his personal temporary use and any landowner providing outfitter services on private lands owned or leased by him. As used in this paragraph:
  1. “Hunting club” means any person requiring dues or remuneration for providing personal services in the field for the taking of any big or trophy game animal;
  2. “Landowner” means any person, firm or corporation holding title to, or occupying under a contract of purchase, agricultural land or any person whose family owns at least a majority of the stock in a Wyoming corporation and who provides services specified in this paragraph on lands owned by the corporation and used primarily for agricultural purposes.
5. “Outfitter of record” means the licensed outfitter designated by any unlicensed owner of an outfitting business who is specifically authorized to represent the outfitting business and is responsible and accountable for the operation of the outfitting business;
6. “Professional guide” means any person employed by or operating under an independent contract with a licensed outfitter to furnish personal services for the conduct of outdoor recreational activities for the purpose of hunting animals except any person employed by a licensed outfitter solely to care for, groom or saddle livestock, cook, cut wood or to transport people, equipment and personal property;
7. “Packing services” means transporting for hire or remuneration, hunters, game animals or equipment in the field for the purpose of taking any big or trophy game animal;
8. “Take” means hunt, catch, capture, shoot, trap, kill or possess or attempt to hunt, catch, capture, shoot, trap, kill or possess any big or trophy game animal;
9. “This act” means W.S. 23-2-406 through 23-2-418 .

History. Laws 1989, ch. 279, § 1; 1991, ch. 64, § 1; ch. 156, § 1; 1997, ch. 79, § 2; 2011, ch. 186, § 1.

The 2011 amendment, effective July 1, 2011, inserted present (a)(i), (a)(iii), (a)(v), and (a)(viii), and redesignated the remaining paragraphs accordingly; and in (a)(iv), substituted “for the purpose of financial gain in order” for “or remuneration.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Constitutionality. —

Defendant's challenges to the Wyoming Outfitters and Guides Act's constitutionality for vagueness and as a bill of attainder were meritless: the act is clear on its face and the 1991 amendment of the term “outfitter” merely expanded the meaning of a specific term. United States v. Patzer, 15 F.3d 934, 1993 U.S. App. LEXIS 32311 (10th Cir. Wyo. 1993).

Cited in

Peterson v. Wyoming Game & Fish Comm'n, 989 P.2d 113, 1999 Wyo. LEXIS 166 (Wyo. 1999); Billings v. Wyo. Bd. of Outfitters & Prof'l Guides, 2004 WY 42, 88 P.3d 455, 2004 Wyo. LEXIS 50 (2004).

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

No person shall hold himself out as, engage in the business of or act in the capacity of an outfitter or shall provide guide services or packing services for the purpose of taking any big or trophy game animal unless he is licensed as an outfitter or professional guide pursuant to this act.
No person engaged in the business of or acting in the capacity of an outfitter or a professional guide is entitled to maintain an action for compensation of outfitting or guiding services provided to any other person unless he is licensed under this act at the time of providing services.
No person shall advertise outfitter or guide services to be performed in Wyoming without listing the Wyoming outfitter license number of one (1) or more outfitters who are contractually obligated to provide the services advertised. This subsection shall not apply to landowners as defined in W.S. 23-2-406(a)(iv)(B).

History. Laws 1989, ch. 279, § 1; 2011, ch. 186, § 1.

The 2011 amendment, effective July 1, 2011, in (a), substituted “provide guide services or packing services for the purpose of taking any big or trophy game animal” for “engage in the occupation of a professional guide as an independent contractor or as an agent or employee”; and added (c).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-2-406(a)(v).

Federal violation established. —

Defendant's unlicensed outfitting activities, which constituted a violation of subsection (a), also established a violation of 36 C.F.R. §§ 261.8(a) and 261.1(b). United States v. Patzer, 15 F.3d 934, 1993 U.S. App. LEXIS 32311 (10th Cir. Wyo. 1993).

Licensed outfitters and professional guides are classified as “professionals”. —

Supreme Court of Wyoming held that the plain language of the Wyoming Outfitters and Guides Act, Wyo. Stat. Ann. § 23-2-407 , defined guides as “professional,” and that it need not look any further than the plain language of Wyo. Stat. Ann. § 1-3-107(a) to conclude that the two-year statute of limitations applied to causes of action arising from an act, error or omission in the rendering of licensed outfitter or professional guide services. Prokop v. Hockhalter, 2006 WY 75, 137 P.3d 131, 2006 Wyo. LEXIS 82 (Wyo. 2006).

§ 23-2-408. Wyoming state board of outfitters and professional guides; membership; meetings; compensation.

The Wyoming state board of outfitters and professional guides is established within the department of administration and information and shall consist of seven (7) members as follows:
1. Two (2) members appointed by the governor from the public-at-large who are not employed by and do not receive any income or compensation from outfitters or professional guides;
2. One (1) member of the Wyoming game and fish commission or its designated representative; and
3. Four (4) members representing a variety of types and sizes of outfitters appointed by the governor from a list of nominations submitted by licensed outfitters in Wyoming. Nominees shall be licensed outfitters or professional guides with not less than five (5) years experience in outfitting or professional guiding in this state. Two (2) nominees shall be submitted for each board vacancy and appointments shall rotate among game and fish commission appointment districts within the state.
Appointed members shall be appointed by the governor with the advice and consent of the senate in accordance with W.S. 28-12-101 through 28-12-103 and may be removed by the governor as provided by W.S. 9-1-202 . Except as otherwise provided for initial appointees, the term of an appointed member shall be three (3) years.
If a vacancy occurs in the membership of any appointed term, the governor with the advice and consent of the senate shall appoint a member with qualifications similar to the member to be replaced, to serve the unexpired term of that member. Any vacancy occurring between sessions of the legislature may be filled by the governor in accordance with W.S. 28-12-101(b).
The board shall select one (1) member to serve as chairman and one (1) member as vice-chairman. The terms of office shall not exceed one (1) year.
The board shall meet upon the call of the chairman, at the call of a majority of board members or upon request of the governor. Four (4) members constitute a quorum.
Appointed members of the board shall serve without compensation but when engaged in actual duties of the board, shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii).
The board is transferred to the department of administration and information as a Type 3 transfer in accordance with W.S. 9-2-1707(b)(iii).

History. Laws 1989, ch. 279, § 1; 1992, ch. 24, § 1; 1999, ch. 69, § 2; 2000, ch. 48, § 1; 2014, ch. 69, § 2; 2016, ch. 119, § 1.

The 2014 amendment, effective July 1, 2014, in (f), substituted “receive per diem and mileage as provided in W.S. 33-1-302(a)(vii)” and “receive travel expenses and per diem in the same manner and amount as provided by law for state employees.”

The 2016 amendment , effective July 1, 2016, substituted “Except as otherwise provided for initial appointees, the term of an appointed member shall be three (3) years” for “Not more than four (4) members of the board shall be of the same political party” at the end of (b).

Editor's notes. —

§ 23-2-409. Legal representation.

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

History. Laws 1989, ch. 279, § 1.

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

The board shall:
1. Adopt an official seal;
2. Carry out the provisions of this act and in accordance with the Wyoming Administrative Procedure Act, adopt necessary rules and regulations for carrying out this act including requirements for training, experience and knowledge of relevant law and rules and regulations as may be imposed upon outfitters and professional guides, the content and requirements for examination of license applicants and other necessary and reasonable rules;
3. Report to the governor in accordance with W.S. 9-2-1014 .
The board may employ personnel as required to carry out this act and establish compensation for any employees subject to legislative budget authorization. The board may investigate alleged violations of this act, including but not limited to violations of W.S. 23-2-407(a). In enforcing this act and its rules and regulations, the board shall require investigators to receive peace officer training and qualification under W.S. 9-1-701 through 9-1-708 .
The board shall license and regulate outfitters and professional guides in this state and shall:
1. Examine applicants for licensure under this act;
2. Deny or approve applications for licensure and may revoke or suspend licenses in accordance with this act and its rules and regulations;
3. Conduct hearings upon complaints received relative to licensees. The board may require the complainant to appear before the board in an investigation or a hearing the board conducts. The board may summarily dismiss a complaint upon failure of the complainant to appear or otherwise cooperate with the board;
4. Impose reasonable restrictions and limitations upon licensees as necessary to implement this act;
5. Designate areas within the state as recommended by the commission for game management purposes in which a licensee may conduct outfitting or professional guiding under the license;
6. Repealed by Laws 1991, ch. 156, § 2.
Unless a court issues a search warrant based on probable cause that a private property owner is engaged in illegal outfitting activities, investigators of the board shall not enter onto private property without express permission from the property owner. The board shall not require private landowners to sign an authorization form for outfitters licensed by the board to enter lands owned by the person.

History. Laws 1989, ch. 279, § 1; 1991, ch. 156, §§ 1, 2; 1994, ch. 47, § 1; 2000, ch. 48, § 2; 2011, ch. 186, § 1.

The 2011 amendment, effective July 1, 2011, in (b), inserted the present second sentence; and in (c)(iii), added the last two sentences.

Wyoming Administrative Procedure Act. —

see § 16-3-101(a), (b)(xi).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-2-406(a)(v).

Applied in

Billings v. Wyoming Bd. of Outfitters & Guides, 2001 WY 81, 30 P.3d 557, 2001 Wyo. LEXIS 94 (Wyo. 2001).

Quoted in

Wyoming Bd. of Outfitters & Prof'l Guides v. Clark, 2001 WY 78, 30 P.3d 36, 2001 Wyo. LEXIS 98 (Wyo. 2001).

Cited in

Peterson v. Wyoming Game & Fish Comm'n, 989 P.2d 113, 1999 Wyo. LEXIS 166 (Wyo. 1999).

§ 23-2-411. Outfitter qualifications for licensure; licensed outfitter may act as professional guide; required reporting of criminal history.

An applicant for an outfitter’s license shall in addition to any other criteria imposed by rule and regulation of the board, possess the following qualifications:
1. At least eighteen (18) years of age;
2. Experience as a licensed professional guide for not less than one (1) year or similar experience accepted by the board;
3. Possess through ownership, lease or as a representative of an owner or lessee, equipment and facilities necessary to the type of services the applicant offers and applicable to the area conditions in which the applicant operates;
4. and (v) Repealed by Laws 1991, ch. 156, § 2.
5. Have committed no violations of W.S. 23-2-416(a).
Any person holding an outfitter’s license under this act may operate as a professional guide without holding a separate professional guide’s license.
In addition to subsection (a) of this section, an applicant for an outfitter’s license shall report:
1. Any conviction or forfeiture of any bond amount for a violation of federal or state law or applicable regulation relating to wildlife, game and fish within five (5) years before the date of filing license application;
2. Any felony conviction; and
3. Any conviction for a violation of federal or state law relating to criminal fraud and occurring within five (5) years prior to the date of filing application.

History. Laws 1989, ch. 279, § 1; 1991, ch. 156, § 1, 2; 1993, ch. 1, § 1; 2011, ch. 186, § 1.

The 2011 amendment, effective July 1, 2011, added (a)(vi).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-2-406(a)(v).

Licensed outfitters and professional guides are classified as “professionals”. —

§ 23-2-412. Qualifications for professional guide's license; valid during employment by outfitter only.

An applicant for a professional guide’s license under this act shall meet the following qualifications:
1. At least eighteen (18) years of age;
2. Employed by or operating under an independent contract with a licensed outfitter;
3. and (iv) Repealed by Laws 1991, ch. 156, § 2.
4. Have committed no violations of W.S. 23-2-416(a).
A professional guide’s license issued under this act is valid only while the licensee is employed by or operating under an independent contract with a licensed outfitter.
Once in every twelve (12) month period, an applicant may receive a license allowing him to provide guiding services under this act for not more than fourteen (14) consecutive days by paying the fee set forth in W.S. 23-2-414 .
A licensed outfitter contracting with a professional guide for guiding services shall be responsible for the conduct of the independent contractor guide as if he were an employee.
In addition to subsection (a) of this section, an applicant for a professional guide’s license shall report:
1. Any conviction or forfeiture of any bond amount for a violation of federal or state law or applicable regulation relating to wildlife, game and fish within five (5) years before the date of filing license application;
2. Any felony conviction; and
3. Any conviction for a violation of federal or state law relating to criminal fraud and occurring within five (5) years prior to the date of filing application.

History. Laws 1989, ch. 279, § 1; 1991, ch. 64, § 1; ch. 156, § 1, 2; 2000, ch. 48, § 2; 2011, ch. 186, § 1.

The 2011 amendment, effective July 1, 2011, added (a)(v).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-2-406(a)(v).

Authority of board. —

The board of outfitters and professional guides does not have the statutory authority to impose a restriction upon a professional guide's license that requires the licensee voluntarily to relinquish the license in the event the licensee is convicted of violating any state or federal law whatsoever; the board's authority in such regard is limited to the convictions and bond forfeitures specified in § 23-2-412(e). Lineberger v. Wyo. State Bd. of Outfitters, 2002 WY 55, 44 P.3d 56, 2002 Wyo. LEXIS 57 (Wyo. 2002).

Applied in

Wyoming Bd. of Outfitters & Prof'l Guides v. Clark, 2001 WY 78, 30 P.3d 36, 2001 Wyo. LEXIS 98 (Wyo. 2001).

§ 23-2-413. Application for licensure; fee; required examination; investigation by board; liability insurance required for outfitters.

Application for a license authorized by this act shall be made upon a form prescribed and furnished by the board, contain information required by the board and be signed by the applicant. The board may impose an application fee of not to exceed a reasonable amount necessary to defray the costs incurred in processing the application, administering the examination required by this section and conducting necessary investigation.
Each applicant for a license under this act shall submit to examination by the board. The examination shall be administered by the board and shall:
1. Be standardized for each type of license issued under this act;
2. Require sufficient knowledge of the services to be provided under the license;
3. Test the ability of the applicant to perform services under the license in a safe manner; and
4. Require special knowledge applicable to the particular type of license for which application is made.
In addition to examination under subsection (b) of this section, the board may investigate the qualifications of the applicant to ensure compliance with this act.
The board shall require the applicant for a license under this section to post and maintain a liability insurance policy to protect clients and property owners against injury or damage as a result of negligence by outfitters or their agents or employees. The limits of coverage shall be not less than twenty-five thousand dollars ($25,000.00) for property damage and for personal injury or death, not less than one hundred thousand dollars ($100,000.00) for injury to or death of one (1) person and not less than three hundred thousand dollars ($300,000.00) for all injuries or death from any one (1) occurrence.

History. Laws 1989, ch. 279, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-2-406(a)(v).

Exemptions. —

Laws 1989, ch. 279, § 4, provides: “Any person holding a valid outfitter's or professional guide's license issued by the Wyoming game and fish commission prior to the effective date of this act is exempt from the required examination for licensure provided by W.S. 23-2-413(b). This section does not exempt any person licensed by the Wyoming game and fish commission prior to the effective date of this act and applying for a license under this act for the provision of services not covered under his existing license.”

Cited in

Prokop v. Hockhalter, 2006 WY 75, 137 P.3d 131, 2006 Wyo. LEXIS 82 (2006).

Quoted in

Wyoming Bd. of Outfitters & Prof'l Guides v. Clark, 2001 WY 78, 30 P.3d 36, 2001 Wyo. LEXIS 98 (Wyo. 2001).

Stated in

Lineberger v. Wyo. State Bd. of Outfitters, 2002 WY 55, 44 P.3d 56, 2002 Wyo. LEXIS 57 (Wyo. 2002).

§ 23-2-414. License issuance; fees; term of license; renewal; disposition of collected fees.

Upon passage of required examination and if it determines the applicant is otherwise in compliance with the requirements of this act and its rules and regulations, the board may issue a license upon payment of the applicable fee as established by the board pursuant to W.S. 33-1-201 .
1. through (iii) Repealed by Laws 1998, ch. 59, § 2.
A license issued under this act is valid for the calendar year in which issued and shall expire on December 31 of that year unless earlier expiring pursuant to W.S. 23-2-412(b) or otherwise suspended or revoked.
A license may be renewed upon submission of application with the board in accordance with its rules and regulations and payment of the appropriate fee prescribed under subsection (a) of this section.
All fees collected by the board pursuant to this act shall be deposited with the state treasurer. Upon receipt, the state treasurer shall credit the revenues to an account within the trust and agency fund. Expenditures from the account shall be for expenses incurred by the board in administering this act.

History. Laws 1989, ch. 279, § 1; 1998, ch. 59, §§ 1, 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-2-406(a)(v).

Burden of proof. —

Once professional hunting guide established the qualifications for licensure, the burden of proof should have shifted to the board of outfitters and professional guides (board), to go forward with its evidence justifying the denial of the guide's license, though the guide had the burden of persuading the board that its grounds for denial were insufficient under the governing statutes and regulations. State Bd. of Outfitters & Prof'l Guides v. Clark, 2001 WY 78, 30 P.3d 36, 2001 Wyo. LEXIS 98 (Wyo. 2001).

Quoted in

Wyo. Bd. of Outfitters & Prof'l Guides v. Clark, 2002 WY 24, 39 P.3d 1106, 2002 Wyo. LEXIS 23 (Wyo. 2002).

Stated in

Lineberger v. Wyo. State Bd. of Outfitters, 2002 WY 55, 44 P.3d 56, 2002 Wyo. LEXIS 57 (Wyo. 2002).

§ 23-2-415. Licensed outfitters and professional guides to report violations.

An outfitter or professional guide licensed under this act shall promptly report any violation of federal or state law or regulation governing wildlife, game and fish observed by him to any commissioned game and fish law enforcement officer, a representative of the involved federal land management agency or to the board.

History. Laws 1989, ch. 279, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-2-406(a)(v).

§ 23-2-416. License suspension and revocation; grounds; payment of damages; proceedings.

The board may require a licensee to pay damages as provided by subsection (b) of this section, may refuse to issue or renew or may suspend or revoke a license issued under this act or may otherwise discipline a licensee for any of the following causes:
1. Fraud or substantial misrepresentation in obtaining a license under this act;
2. Fraudulent advertising;
3. Conviction of a felony that relates to the practice of professional guiding or outfitting or to the ability to practice as a professional guide or outfitter;
4. Violation of any significant federal or state law or related regulations pertaining to wildlife, game and fish;
5. Unethical or dishonorable conduct;
6. A substantial breach of contract with any person using outfitting or professional guiding services of the licensee;
7. Willful violation of the terms and conditions under which the license is issued;
8. Inhumane treatment of any animal;
9. Willfully endangering the health and safety of any person;
10. Violation of this act or any rule or regulation of the board.
If a client of an outfitter or professional guide licensed under this act is injured by any of the causes specified under subsection (a) of this section, the board may require the outfitter or guide as a condition of returning his license, to pay to the client any court ordered damages including any:
1. Fees paid by the client to the outfitter or guide;
2. Actual travel and lodging expenses incurred by the client in attempting to use the outfitter’s or guide’s services; and
3. Other actual expenses incurred by the client in attempting to use the outfitter’s or guide’s services.
Except as provided in subsection (d) of this section, suspension and revocation proceedings under this section shall be conducted in accordance with the Wyoming Administrative Procedure Act.
Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

History. Laws 1989, ch. 279, § 1; 1997, ch. 128, § 2; 2011, ch. 186, § 1; 2018, ch. 107, § 2.

The 2011 amendment, effective July 1, 2011, in the introductory language of (a), substituted “a licensee to pay” for “payment of,” and “may refuse to issue or renew or may suspend” for “or suspend,” and inserted “or may otherwise discipline a licensee.”

The 2018 amendment, effective July 1, 2018, in (a)(iii), added “that relates to the practice of professional guiding or outfitting or to the ability to practice as a professional guide or outfitter” at the end.

Wyoming Administrative Procedure Act. —

see § 16-3-101(a), (b)(xi).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-2-406(a)(v).

Administrative law. —

Because Wyo. Bd. Outfitters & Prof. Guides R. & Regs. ch. 3, § 1(e) has the effect of changing the statutory terms “any significant,” as set forth in paragraph (a)(iv) of this section, to “all,” that regulation expands the power of the Wyoming board of outfitters and professional guides by permitting it to revoke a license for violation of any law or regulation which is found to be improper and beyond the power granted to the board; further, paragraph (a)(vi) of this section permits revocation of an outfitter's license for a “substantial” breach of contract while Wyo. Bd. Outfitters & Prof. Guides R. & Regs. ch. 3, § 1(k) permits it to revoke a license for any breach of contract, not just a substantial breach, and, therefore, it too is beyond the power of the board. City of Billings v. Wyo. Bd. of Outfitters & Guides (In re City of Billings), 2001 WY 81, 30 P.3d 557, 2001 Wyo. LEXIS 94 (Wyo. 2001).

License revocation warranted. —

Wyoming Board of Outfitters and Professional Guides' decision to revoke an outfitter's license was warranted under this section because the outfitter violated a significant federal law in failing properly to dispose of a dead mule carcass and because the outfitter willfully endangered a client's health and safety by leaving or abandoning her in the wilderness in order to get his livestock back to the trailhead and never returning to check on her well-being or progress. City of Billings v. Wyo. Bd. of Outfitters & Prof'l Guides, 2004 WY 42, 88 P.3d 455, 2004 Wyo. LEXIS 50 (Wyo. 2004).

Willfulness of a licensee's conduct. —

When looking at the willfulness of an outfitter licensee's conduct, an appellate court's duty is to determine if the evidence establishes intentional, or knowing, or voluntary acts as distinguished from accidental. The term “endanger” has an easily and commonly understood meaning; the plain meaning of “endanger” is to bring into danger or peril. City of Billings v. Wyo. Bd. of Outfitters & Prof'l Guides, 2004 WY 42, 88 P.3d 455, 2004 Wyo. LEXIS 50 (Wyo. 2004).

Violation of federal or state law. —

Violation, in the context of the phrase “violation of any significant federal or state law or related regulations pertaining to wildlife, game and fish,” simply means non-compliance with the law or regulation in question. City of Billings v. Wyo. Bd. of Outfitters & Prof'l Guides, 2004 WY 42, 88 P.3d 455, 2004 Wyo. LEXIS 50 (Wyo. 2004).

Significant federal law. —

Federal regulation/order that relates the disposal of carcasses and was enacted with the primary goal of minimizing grizzly/human encounters and thereby providing for user safety and grizzly bear protection “significant” for the purposes of Wyo. Stat. Ann. § 23-2-416(a)(iv).City of Billings v. Wyo. Bd. of Outfitters & Prof'l Guides, 2004 WY 42, 88 P.3d 455, 2004 Wyo. LEXIS 50 (Wyo. 2004).

Quoted in

Wyoming Bd. of Outfitters & Prof'l Guides v. Clark, 2001 WY 78, 30 P.3d 36, 2001 Wyo. LEXIS 98 (Wyo. 2001).

Stated in

Billings v. Wyoming State Bd. of Outfitters & Professional Guides, 837 P.2d 84, 837 P.2d 85, 1992 Wyo. LEXIS 124 (Wyo. 1992).

§ 23-2-417. Violations in general; penalties.

Except as provided in subsection (c) of this section, any person violating any provision of this act is guilty of a misdemeanor punishable by a fine of not to exceed five thousand dollars ($5,000.00).
In addition to subsection (a) of this section, the court may in its discretion, revoke any license issued under this act or W.S. 23-1-101 through 23-6-208 , to any person violating this act, for the remainder of the year in which the conviction occurs, and may suspend the person’s privilege to receive any license under this act or under W.S. 23-1-101 through 23-6-208 , for a period not to exceed five (5) years.
Any person violating W.S. 23-2-407 is guilty of a misdemeanor punishable by a fine of not to exceed seven thousand five hundred dollars ($7,500.00), imprisonment for not more than one (1) year, or both.

History. Laws 1989, ch. 279, § 1; 1991, ch. 156, § 1; 2011, ch. 186, § 1; 2017, ch. 66, § 1.

The 2011 amendment, effective July 1, 2011, in (a), substituted “five thousand dollars ($5,000.00)” for “two thousand dollars ($2,000.00), imprisonment for not more than one (1) year, or both”; and in (b), inserted “or W.S. 23-1-101 through 23-6-208 ” or a variant; and made stylistic change.

The 2017 amendment, effective July 1, 2017, added the (a) designation, and added (c).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-2-406(a)(v).

§ 23-2-418. Compensation of person not licensed under this act prohibited; penalty.

No person shall directly or indirectly compensate a person holding himself out as engaging in the business of or acting in the capacity of an outfitter or a professional guide unless that person provides proof that he is a licensed outfitter or professional guide as required by this act.
Any person violating this section is guilty of a misdemeanor as prescribed under W.S. 23-2-417(a).

History. Laws 1997, ch. 79, § 1.

Editor's notes. —

Chapter 3 General Regulatory Provisions

Cross references. —

For hunting and fishing licenses generally, see §§ 23-2-101 to 23-2-307 .

Joint resolution. —

Am. Jur. 2d, ALR and C.J.S. references. —

35A Am. Jur. 2d Fish and Game §§ 48-61, 68-70, 72-77.

Validity of prohibition or regulation of fishing to protect public water supply, 56 ALR2d 790.

Applicability, to domesticated or captive game, of closed season game laws, 74 ALR2d 974.

Entrapment with respect to violation of fish and game laws, 75 ALR2d 709.

Right to kill game in defense of person or property, 93 ALR2d 1366.

Validity and construction of statute prohibiting sale within state of specified wild animals or their skins or bodies, 44 ALR3d 1008.

Validity, construction, and application of state wildlife possession laws, 50 ALR5th 703.

36A C.J.S. Fish §§ 28 to 36; 38 C.J.S. Game § 1 et seq.

Article 1. Bird and Animal Provisions

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of state wildlife possession laws, 50 ALR5th 703.

§ 23-3-101. Taking eagle prohibited.

Any person who takes an eagle is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii) unless the taking is authorized by federal law or commission rules adopted in compliance with federal law.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-54; 2007, ch. 62, § 1; 2013, ch. 110, § 1.

The 2007 amendment, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “2nd degree misdemeanor.”

The 2013 amendment, added “unless the taking is authorized by federal law or commission rules adopted in compliance with federal law” following “ W.S. 23-6-202(a)(ii).”

Laws 2013, ch. 110, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 27, 2013.

Library references. —

American Law of Mining, 2nd Edition § 175.14 (Matthew Bender).

§ 23-3-102. Taking certain game animals without license or during a closed season prohibited.

Except as provided in subsection (d) of this section, any person who takes any big or trophy game animal or gray wolf where classified as a trophy game animal without the proper license or authority is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii). The taking of each animal is a separate offense.
and (c) Repealed by Laws 2007, ch. 62, § 2.
Any person who knowingly takes any antlered elk, antlered deer, antlered moose, horned antelope, bighorn sheep, mountain goat, mountain lion, grizzly bear or black bear without the proper license or during a closed season except as otherwise permitted by this act is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), imprisonment for not more than one (1) year, or both. A third or subsequent conviction within ten (10) years for a violation of this subsection shall constitute a felony punishable by a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), imprisonment for not more than two (2) years, or both. For the purposes of determining whether a violation of this subsection is a felony, convictions resulting from the same occurrence shall be considered a single conviction even if the result of the occurrence is more than one (1) misdemeanor conviction. The provisions of W.S. 6-8-101(a) shall not apply to convictions under this section.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-55; Laws 1993, ch. 186, § 1; 1995, ch. 69, § 1; 2003, ch. 115, § 2; 2007, ch. 62, §§ 1, 2; 2011, ch. 187, § 1.

Cross references. —

As to forfeiture of devices and equipment used in taking game illegally, see § 23-6-208 .

The 2007 amendment, effective July 1, 2007, rewrote (a), adding the exception at the beginning, inserting classification for big trophy game animals, and revising the degree of punishment; repealed (b), which read: b‚Any person who takes any bighorn sheep, mountain goat, mountain lion, grizzly bear or, gray wolf where classified as a trophy game animal, without the proper license except as otherwise permitted by this act is guilty of a 4th degree misdemeanor”; and repealed (c), which read: “Any person who takes any big or trophy game animals not specified in subsection (a) and (b) without a proper license except as otherwise permitted by this act is guilty of an 8th degree misdemeanor.”.

The 2011 amendment, effective July 1, 2011, in (d), added the last three sentences.

Indians subject to prosecution. —

Defendant Indian and his tribe did not have an unrestricted right to hunt and fish on national forest lands within this state as reserved in the Treaty with the Crows. Thus, defendant was subject to prosecution under this section for killing an elk in the park. Crow Tribe of Indians v. Repsis, 866 F. Supp. 520, 1994 U.S. Dist. LEXIS 15355 (D. Wyo. 1994), aff'd, 73 F.3d 982, 1995 U.S. App. LEXIS 36612 (10th Cir. Wyo. 1995).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

Library references. —

American Law of Mining, (2d Ed.) § 14 (Matthew Bender).

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

Predatory animals and predacious birds may be taken without a 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 shall report annually to the Wyoming department of agriculture the number of predatory animals and predacious birds taken by the department’s animal damage control agents, and include in the report the area where taken and the control method used.
In areas designated by the commission under W.S. 23-1-302(a)(ii), specified trophy game animals may be taken in the same manner as predatory animals without a license.
Any person who takes any furbearing animal or game bird without the appropriate license, except as otherwise provided by this act is guilty of a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-56; Laws 1977, ch. 112, § 1; 2007, ch. 62, § 1; 2009, ch. 27, § 1.

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “9th degree misdemeanor” in (c).

The 2009 amendment, effective July 1, 2009, added “and (e)” in (a).

Editor's notes.—

Laws 2009, ch. 27, § 2 provides: “The commission shall adopt final rules to implement this act not later than July 1, 2009.”

Library references. —

American Law of Mining, 2nd Edition § 175.14 (Matthew Bender).

§ 23-3-104. Coupons.

When any 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 the coupon to the carcass before leaving the site of the kill. The coupon shall remain on the game animal or turkey carcass at all times until the meat undergoes processing, or on the trophy game animal hide until it reaches the hunter’s home or a taxidermist, except that during transportation of the carcass or hide the coupon may be removed to prevent its loss. If the coupon is removed for transportation of the carcass or hide it must be in the possession of the person accompanying the carcass or hide at all times.

History. Laws 1939, ch. 65, § 85; C.S. 1945, § 47-524; Laws 1949, ch. 89, § 2; 1951, ch. 76, § 1; W.S. 1957, § 23-90; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-57; Laws 1979, ch. 128, § 1.

Cross references. —

As to limitation on number of big or trophy game animal licenses, see § 23-1-703 .

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

Antelope, deer and elk licenses shall have two (2) coupons attached, 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”.
The landowner’s coupon shall promptly be detached, dated, signed and delivered to the landowner. The landowner, on or before March 1 following the close of the hunting season for which the license was issued, shall deliver to the department the coupon and an affidavit that the antelope, deer or elk for which the coupon was delivered was killed on his land. Upon receipt of the coupon and affidavit the department shall pay the landowner sixteen dollars ($16.00) for each coupon from an antelope, deer or elk license. Landowner’s coupons are not transferable. Any unauthorized person attempting to collect any sum for any landowner’s coupon is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii). Effective January 1, 2000, the department shall provide a checkoff box on each landowner coupon affidavit claim form that offers the claimant the opportunity to designate the animal damage management board to receive his payment amount for landowner coupons claimed on that form. For each claim made where the landowner has designated his payment to the animal damage management board, the department shall transfer that amount to the animal damage management account created by W.S. 11-6-306 and the department shall retain the fees related to those administrative costs of the transfer.
Repealed by Laws 2013, ch. 33, § 1.

History. Laws 1939, ch. 65, §§ 66, 67; 1943, ch. 50, § 1; 1945, ch. 156, § 1; C.S. 1945, §§ 47-419, 47-420; W.S. 1957, §§ 23-82, 23-83; Laws 1971, ch. 64, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-58; Laws 1979, ch. 128, § 1; 1991, ch. 254, § 1; 1996, ch. 121, § 2; 1999, ch. 197, § 2; 2003, ch. 112, § 1; ch. 144, § 1; 2007, ch. 2, § 1; ch. 62, § 1; 2009, ch. 119, § 1; 2013, ch. 33, § 1; 2018, ch. 89, § 1.

The 2007 amendments. —

The first 2007 amendment, by ch. 62, § 1, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “second degree misdemeanor” in (b).

The second 2007 amendment, by ch. 2, § 1, effective January 1, 2008, substituted “sixteen dollars ($16.00)” for “thirteen dollars ($13.00)” in (b).

This section is set out as reconciled by the Wyoming Legislative Service Office.

The 2009 amendment, effective July 1, 2009, in the second sentence of (b), inserted comma after “landowner” and substituted “March” for “February” and “issued” for “valid.”

The 2013 amendment, repealed former (c), which read: “When an antelope, deer or elk is shown to have been killed on federal or state land, the licensee shall detach, date, and sign the landowner's coupon and mail or otherwise deliver the coupon to the Cheyenne office of the department.”

Laws 2013, ch. 33, section 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, section 8, Wyo. Const. Approved February 14, 2013.

The 2018 amendment, effective January 1, 2019, in (b), substituted “following the close of the hunting season for which” for “following the year for which” in the second sentence.

Editor’s notes. —

§ 23-3-106. Wyoming game and Wyoming interstate game tags; when required.

Except as provided in subsection (f) of this section and W.S. 23-2-302(e), no person shall ship, transport, or receive for shipment or transportation within Wyoming, any game animal, game bird, or any part thereof, unless tagged with a Wyoming game tag or Wyoming interstate game tag, or unless:
1. The transportation is by a person accompanying the carcass of a big or trophy game animal who is in possession of a proper coupon;
2. The transportation is by a properly licensed bird or small game hunter in possession of not more than his daily bag or possession limit; or
3. The transportation is by a person possessing authorization pursuant to W.S. 23-3-310 .
Except as provided in subsection (f) of this section and W.S. 23-2-302(e), no big or trophy game animal, or any part thereof, shall be shipped or transported from the state unless accompanied by the licensee who harvested the animal, in possession of a proper coupon, or unless:
1. The amount does not exceed twenty-five (25) pounds and is properly 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 the state except as otherwise provided;
2. The part to be exported from the state is of a nonedible trophy or hidelike nature and properly tagged with a Wyoming interstate game tag;
3. The big or trophy game animal was legally harvested by a nonresident and is tagged with a Wyoming interstate tag.
Tag selling agents may tag meat from any number of big game animals if the person lawfully accompanying the animals signs an affidavit that each animal was lawfully taken.
Repealed by Laws 1987, ch. 156, § 2.
Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
Shipment or receipt from a meat processing plant to another meat processing plant of any edible portions of big game animals or game birds are exempt from the requirements of subsections (a) and (b) of this section. Meat processing plants shipping any game animal, game bird or any part thereof to the licensee who harvested the animal are exempt from the requirements of subsections (a) and (b) of this section when the shipment is accompanied by the proper coupon.

History. Laws 1939, ch. 65, § 70; C.S. 1945, § 47-501; Laws 1947, ch. 88, § 1; 1955, ch. 29, § 1; W.S. 1957, § 23-91; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-59; Laws 1987, ch. 156, § 2; 2007, ch. 62, § 1; 2014, ch. 42, § 1; 2015, ch. 53, § 1; 2021, ch. 88, § 2.

The 2007 amendment, effective July 1, 2007, substituted “a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “an 11th degree misdemeanor” in (e).

The 2014 amendment , at the beginning of the sentence in both (a) and (b), inserted “Except as provided in W.S. 23-2-302(e).”

Laws 2014, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 7, 2014.

The 2015 amendment, effective July 1, 2015, inserted “subsection (f) of this section and” in (a) and (b); and added (f).

The 2021 amendment , effective July 1, 2021, rewrote the section heading, which read, "Transportation of big or trophy game animal"; deleted "or" at the end of (a)(i); added "or" at the end of (a)(ii); and added (a)(iii).

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

No person shall wantonly take or destroy any big or trophy game animal.
The director may offer a standing reward not exceeding one thousand dollars ($1,000.00) to be paid from the game and fish fund for evidence leading to the arrest and conviction of any person violating this section.
The purpose and intent of this section is to protect big or trophy game animals from wanton, ruthless or needless destruction.
Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii). A third or subsequent conviction within ten (10) years for a violation of this section shall constitute a felony punishable by a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), imprisonment for not more than two (2) years, or both. For the purposes of determining whether a violation of this subsection is a felony, convictions resulting from the same occurrence shall be considered a single conviction even if the result of the occurrence is more than one (1) misdemeanor conviction. The provisions of W.S. 6-8-101(a) shall not apply to convictions under this section.

History. Laws 1921, ch. 83, § 76; R.S. 1931, § 49-178; C.S. 1945, § 47-511; W.S. 1957, § 23-93; Laws 1971, ch. 24, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-60; Laws 1993, ch. 186, § 1; 2007, ch. 62, § 1; 2011, ch. 187, § 1.

Cross references. —

As to forfeiture of devices and equipment used in taking game illegally, see § 23-6-208 .

The 2007 amendment, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “1st degree misdemeanor” in (d).

The 2011 amendment, effective July 1, 2011, in (d), added the last three sentences.

Stated in

State v. Steele, 620 P.2d 1026, 1980 Wyo. LEXIS 329 (Wyo. 1980).

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

No person shall take or intentionally destroy the nest or eggs of any nonpredacious bird, except as authorized under W.S. 23-5-111 . The nest or eggs of any predacious bird may be taken or destroyed.
Violation of this section for any nonpredacious bird except eagle constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
Violation of this section in regard to eagle nests or eggs constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

History. Laws 1939, ch. 65, § 75; C.S. 1945, § 47-513; W.S. 1957, § 23-95; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-61; 2007, ch. 62, § 1; 2017, ch. 213, § 2.

The 2007 amendment, effective July 1, 2007, substituted “a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “an 11th degree misdemeanor” in (b); and substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “2nd degree misdemeanor” in (c).

The 2017 amendment, in (a) added “except as authorized under W.S. 23-5-111 ,” and made a related change.

Laws 2017, ch. 213, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 17, 2017.

Library references. —

American Law of Mining, (2d Ed.) § 14 (Matthew Bender).

§ 23-3-109. Use of dogs; dogs injuring big or trophy game animals may be killed; citation of owners of dogs harassing game animals; penalties; leashed dogs for tracking.

No person shall use any dog to hunt, run or harass any big or trophy game animal, protected animal or furbearing animal except as otherwise provided by this act. The commission shall regulate the use of dogs to take mountain lions and bobcats by residents and nonresidents during hunting or trapping seasons.
In cases where big game animals have been injured or are being threatened with immediate injury by dogs, a peace officer may kill such dog or dogs where the vicious character of the dog or dogs is manifest. A peace officer killing a dog pursuant to this subsection shall make reasonable efforts to ascertain the ownership of the dog and inform the owner of the dog’s death and the circumstances surrounding the death. Any peace officer who kills a dog pursuant to this subsection or has received a report that a dog has been killed shall file a report with his employing agency within twenty-four (24) hours of his action or of receiving a report.
It is unlawful for any person to recklessly allow or direct a dog which he owns or is under his control to injure or threaten a big game animal with injury, whether or not the big game animal is actually injured by the 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 low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
A person may use one (1) leashed blood-trailing dog to track a wounded or killed big game animal within seventy-two (72) hours of shooting the animal. A person using a dog in this manner:
1. Shall maintain physical control of the dog at all times by means of a maximum fifty (50) foot leash attached to the collar or harness of the dog;
2. Shall wear fluorescent orange or fluorescent pink consistent with W.S. 23-3-113(a);
3. May kill the wounded animal using any weapon authorized under the hunting license;
4. Shall, in accordance with W.S. 23-3-104 , attach the proper coupon to the carcass of any animal killed under the hunting license.
A person acting solely as a dog handler accompanying the licensed hunter that wounded the game animal is exempt from the licensing requirements of this act. Nothing in this section shall be construed to allow a dog handler to hunt without a license.

History. Laws 1939, ch. 65, § 76; C.S. 1945, § 47-514; W.S. 1957, § 23-96; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-62; Laws 1993, ch. 100, § 1; 2002 Sp. Sess., ch. 41, § 1; 2007, ch. 62, § 1; 2009, ch. 148, § 1; 2017, ch. 149, § 1; 2019, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, in (c), deleted “has been trained, and” following “unless the dog,” substituted “a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “an 11th degree misdemeanor,” substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “10th degree misdemeanor,” and made a related change.

The 2009 amendment, effective July 1, 2009, in (c), rewrote the first sentence, which read: “A peace officer may arrest or issue a summons to the owner of any dog injuring or threatening a big game animal with immediate injury, unless the dog was attempting to protect livestock.”, deleted “first” preceding “conviction in the second sentence, and deleted the former third sentence, which read: “A second and each subsequent conviction under this subsection is punishable by a fine and imprisonment imposed for a low misdemeanor punishable as provided in W.S. 23 6 202(a)(v).”

The 2017 amendment, in the last sentence of (a), inserted “by residents and nonresidents.”

The 2019 amendment, effective July 1, 2019, added (d) and (e).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

§ 23-3-110. Firearms; types permitted for hunting game birds.

The commission shall establish by rule and regulation firearm and ammunition specifications for taking game birds or wild turkeys.
Repealed by Laws 2012, ch. 54, § 2.
Violation of this section or rules promulgated under this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1939, ch. 65, § 89; C.S. 1945, § 47-528; Laws 1949, ch. 89, § 3; W.S. 1957, § 23-100; Laws 1967, ch. 60, § 1; 1969, ch. 122, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-63; Laws 2001, ch. 62, § 1; 2007, ch. 62, § 1; 2012, ch. 54, §§ 1, 2.

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “10th degree misdemeanor” in (c).

The 2012 amendment, effective July 1, 2012, rewrote (a) which formerly read: “Except as otherwise provided, game birds excluding ruffed and 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 admit no more than one (1) shell in the chamber and two (2) shells in the magazine”; repealed former (b) which read: “Firearms using center-fire cartridges, muzzle-loading arms or firearms of twenty-two (.22) magnum caliber may be used to take wild turkeys”; and inserted “or rules promulgated under this section” in (c).

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

The commission shall establish by rule and regulation firearm and ammunition specifications for taking big or trophy game animals.
1. and (ii) Repealed by Laws 2012, ch. 54, § 2.
Violation of this section or rules promulgated under this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1921, ch. 83, § 90; 1925, ch. 137, § 30; R.S. 1931, § 49-192; Laws 1933, ch. 39, § 16; C.S. 1945, § 47-529; W.S. 1957, § 23-101; Laws 1965, ch. 52, § 1; ch. 184, § 6; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-64; Laws 1979, ch. 77, § 1; 1995, ch. 188, § 1; 2007, ch. 62, § 1; 2012, ch. 54, §§ 1, 2.

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “10th degree misdemeanor” in (b).

The 2012 amendment, effective July 1, 2012, rewrote (a) which formerly read: “Except as otherwise provided, big or trophy game animals may only be taken with the following types of firearms”; repealed former (a)(i) and (a)(ii) pertaining to firearms and barrel size; and inserted “or rules promulgated under this section” in (b).

§ 23-3-112. Firearms; automatic weapon prohibited; use of silencer or suppressor to take big or trophy game restricted; penalties.

No person shall take any wildlife with any fully automatic weapon.
Violation of this section is separate and additional to any other violation and constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
No person shall use a device designed to silence or muffle the report of any firearm in the commission of:
1. A violation of W.S. 23-3-102 ;
2. A violation of W.S. 23-3-107 ;
3. A violation of W.S. 23-3-305(b) which results in the taking of a big or trophy game animal; or
4. Taking of a big or trophy game animal out of season.

History. Laws 1921, ch. 83, § 97; R.S. 1931, § 49-199; Laws 1933, ch. 39, § 17; C.S. 1945, § 47-530; W.S. 1957, § 23-102; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-65; 2007, ch. 62, § 1; 2013, ch. 65, § 1.

The 2007 amendment, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “1st degree misdemeanor” in (b).

The 2013 amendment, effective July 1, 2013, in (a) substituted “any wildlife with” for “into or possess in the game fields or forests of Wyoming,” and deleted “or device designed to silence or muffle the report of any firearm”; in (b) added “is separate and additional to any other violation and”; and added (c).

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

No person other than archers and crossbow hunters hunting during a special archery season shall hunt any big or trophy game animal in Wyoming without wearing in a visible manner one (1) or more exterior garments which shall include a hat, shirt, jacket, coat, vest, or sweater of a fluorescent orange or fluorescent pink color.
Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1921, ch. 83, § 75; R.S. 1931, § 49-177; C.S. 1945, § 47-535; W.S. 1957, § 23-105; Laws 1967, ch. 10, § 1; 1969, ch. 121, § 2; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-66; 2007, ch. 62, § 1; 2018, ch. 105, § 1.

The 2007 amendment, effective July 1, 2007, substituted “a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “an 11th degree misdemeanor” in (b).

The 2018 amendment, effective July 1, 2018, in (a), inserted “or fluorescent pink” following “fluorescent orange.”

Cited in

Mayland v. State, 568 P.2d 897, 1977 Wyo. LEXIS 283 (Wyo. 1977).

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

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

History. Laws 1939, ch. 65, § 46; C.S. 1945, § 47-302; Laws 1957, ch. 178, § 1; W.S. 1957, § 23-118; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-67; Laws 1987, ch. 156, § 1.

§ 23-3-115. Taking black bear, mountain lion, gray wolf, bobcat, weasel, badger, squirrels or muskrat for damaging property. [See Editor's notes below.]

Any black bear, mountain lion, bobcat, weasel, badger, gray, red and fox squirrels or muskrat doing damage to private property may be immediately taken and killed by the owner of the property, employee of the owner or lessee of the property.
The owner, employee or lessee shall immediately notify the nearest game warden of the killing of black bear, bobcat or mountain lion. The owner, employee or lessee shall save and care for the skin and procure a Wyoming game tag for the skin of black bear, mountain lion or bobcat.
The provisions of subsection (a) of this section relating to the taking of animals doing damage to private property shall apply to gray wolves from and after the date gray 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 . For purposes of this section as it applies to gray wolves, "doing damage to private property" means actual biting, wounding, grasping or killing of livestock or a dog, or chasing, molesting or harassing of livestock or a dog by a wolf that would indicate to a reasonable person that actual biting, wounding, grasping or killing of the livestock or dog is likely to occur at any moment. The owner, employee or lessee acting under authority of this section shall notify the department of the killing of a gray wolf within an area of the state in which the gray wolf is designated as a trophy game animal. The notification shall be made within seventy-two (72) hours of the kill.

History. Laws 1939, ch. 65, § 71; C.S. 1945, § 47-502; W.S. 1957, § 23-119; Laws 1959, ch. 196, § 4; 1969, ch. 129, § 10; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-68; Laws 1979, ch. 140, § 1; 1991, ch. 103, § 1; 1998, ch. 107, § 1; 2003, ch. 115, § 2; 2007, ch. 168, § 3; 2012, ch. 25, § 1.

The 2007 amendment, updated the internal reference in the third sentence of (c).

The 2012 amendment, in (c), added the present second sentence, substituted “designated” for “classified” after “the gray wolf is,” and changed the notification deadline for all gray wolf kills to within 72 hours.

Laws 2012, ch. 25, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2012.

Editor's notes. —

Subsection (c) of this section was amended by 2007 Wyoming Session Laws, Chapter 168, which provided the act was effective on and after July 1, 2007 only upon certification by the Governor to the Secretary of State of the occurrence of specified acts. On February 27, 2008, in accordance with W.S. 23-1-109(f), the Governor filed with the Secretary of State his certification that all act necessary for House Enrolled Act 123 (2007 Wyoming Session Laws, Chapter 168) to become effective had occurred. 2012 Wyoming Session Laws, Chapter 25, Section 3, provided that legislature found that the contingencies required by 2007 Wyoming Session Laws, Chapter 168, occurred and that the provisions became effective. 2012 Wyoming Session Laws, Chapter 25, further amended subsection (c) of this section.

Law reviews. —

For article, “Wyoming Land and the Law One Hundred Years After Statehood — A Perspective,” see XXVI Land & Water L. Rev. 33 (1991).

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

Any person who wishes to acquire game birds from any private source shall apply for and receive a permit from the department prior to acquiring, possessing or transporting the game birds. Upon receipt of the game birds, the permittee shall notify the department to establish proof of ownership and to allow the game birds to be marked with a leg or wing band. Whenever game birds are purchased outside the state, the permittee shall furnish adequate evidence that the game birds are disease free. Upon compliance with this section, the permittee is entitled to take his privately owned game birds without a game bird or turkey license. Live greater sage grouse or the eggs thereof shall only be acquired, possessed, bred, propagated, raised, sold, transported, taken and released by a game bird farm licensee holding a current certification under W.S. 23-5-111 .

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-69; 2017, ch. 213, § 2.

The 2017 amendment, added the last sentence.

Laws 2017, ch. 213, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 17, 2017.

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

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

History. Laws 1997, ch. 138, § 1; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “3rd degree misdemeanor as provided by W.S. 23-6-202(a)(iii).”

Article 2. Fish Provisions

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

Except as otherwise provided, fish may only be taken or fished for with a maximum of two (2) rods or poles, with lines and hooks attached, and with the user in attendance.
No line shall have more than three (3) single or treble hooks, flies or lures. As used in this section:
1. “Hook” means a single device regardless of the number of prongs; and
2. “Lure” means a single device regardless of the number of hooks.
The commission may designate specified waters as being open to setline fishing and the number of setlines to be used. In those waters subsection (a) does not apply. The commission may also designate specified waters in which otherwise permissible tackle or bait may not be used.
No person shall take, wound or destroy any fish of Wyoming with a firearm of any kind or nature.
No person shall snag any fish of Wyoming except as specifically authorized by the commission. For purposes of this subsection, “snag” means attempting to take a fish in such a manner that the fish does not take the hook voluntarily in its mouth.
Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1921, ch. 83, § 93; 1925, ch. 137, § 31; R.S. 1931, § 49-195; C.S. 1945, § 47-506; Laws 1949, ch. 88, § 3; W.S. 1957, § 23-107; Laws 1961, ch. 93, § 1; 1971, ch. 5, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-70; Laws 1993, ch. 2, § 1; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, rewrote (f) by revising the punishable misdemeanor and deleting the last sentence which read: “Violation of subsection (d) of this section constitutes an 8th degree misdemeanor.”

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

The commission may designate specified waters in which live fish or corn may be used as bait, and may designate the types of and origin of live fish which may be used as bait in any waters.
No person shall have any live fish or bait corn in his possession while fishing other than as authorized by the commission.
No person shall release any live baitfish unless authorized by the commission.
Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1939, ch. 65, § 73; 1943, ch. 112, § 12; 1945, ch. 150, § 1; C.S. 1945, § 47-504; Laws 1951, ch. 155, § 1; W.S. 1957, § 23-106; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-71; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “an 11th degree misdemeanor” in (d).

§ 23-3-203. Placing obstruction to fish across stream or lake without consent of chief fish warden prohibited; erection of fishways.

No person shall erect or place, or cause to be erected or placed, 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, or through the water except with the consent and under the direction of the chief fish warden.
The commission may erect or cause to be erected and maintained fishways or ladders on any dam or other structures across any stream of the state, when a fishway or ladder is necessary for the uninterrupted passage of fish up and down the stream.
Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1941, ch. 81, § 1; C.S. 1945, § 47-509; W.S. 1957, § 23-116; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-72; 2007, ch. 62, § 1.

Cross references. —

As to construction of devices to prevent fish from entering irrigation works or reservoirs, see § 41-5-106 .

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “10th degree misdemeanor” in (c).

§ 23-3-204. Substances and devices to take or destroy fish or obstruct waterways prohibited.

No person shall take or destroy fish in Wyoming by using any poison or deleterious drug, electrical device, chemical, explosive, or any similar substance or device except by commission order.
No person shall allow any refuse or substance to pass into any public water:
1. Which drives away or is injurious to fish, or wildlife; or
2. Which obstructs the natural flow, channels, or condition of any stream or body of water.
Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

History. Laws 1921, ch. 83, § 99; 1929, ch. 93, § 30; R.S. 1931, § 49-201; C.S. 1945, § 47-508; W.S. 1957, § 23-115; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-73; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “1st degree misdemeanor” in (c).

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

No person shall ship or transport or receive for shipment or transportation any game fish either within or without the state except as provided in subsection (b).
Any person lawfully taking any game fish in this state may ship not to exceed one (1) limit in a single container no oftener than once a week if a Wyoming interstate game tag is affixed to the container. No interstate game tag is required for the transportation of one (1) limit of fish in the possession of a properly licensed fisherman.
Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1939, ch. 65, § 82; C.S. 1945, § 47-521; W.S. 1957, § 23-114; Laws 1969, ch. 141, § 2; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-74; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “an 11th degree misdemeanor” in (c).

Article 3. Wildlife Provisions

Joint resolution. —

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of state wildlife possession laws, 50 ALR5th 703.

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

No person shall import into Wyoming from any source any living antelope, bear, deer, elk, moose, mountain goat, mountain lion, bighorn sheep, wolf, wolf hybrid nor any living wildlife except as otherwise permitted by this act.
No person shall sell any living antelope, bear, deer, elk, moose, mountain goat, mountain lion, bighorn sheep, wolf, wolf hybrid or falcon except as permitted by the commission.
No person shall knowingly import into Wyoming or knowingly possess from any source any wildlife or wildlife parts taken illegally in any other state or country.
Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-75; 2003, ch. 115, § 2; 2013, ch. 78, § 1.

The 2013 amendment, effective July 1, 2013, added (c) and (d).

Meaning of “this act.” —

For the definition of “this act,” referred to at the end of subsection (a), see § 23-1-102(a)(xiii).

Import ban discriminates against interstate commerce on its face and, therefore, defendants bear the burden of showing that the ban is not unconstitutional. Dorrance v. McCarthy, 957 F.2d 761, 1992 U.S. App. LEXIS 2129 (10th Cir. Wyo. 1992).

Law reviews. —

For comment, “Reserving Wildlife for Resident Consumption: Is the Dormant Commerce Clause the Outfitters' White Knight?,” see XXXII Land & Water L. Rev. 125 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of state wildlife possession laws, 50 ALR5th 703.

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

No person shall sell, barter, or dispose of for pecuniary consideration or advantage, 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.

History. Laws 1939, ch. 65, § 74; C.S. 1945, § 47-510; Laws 1949, ch. 89, § 1; W.S. 1957, § 23-92; Laws 1967, ch. 8, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-76.

Cross references. —

As to sale of game birds on licensed game bird farm, see §§ 23-5-101 through 23-5-110 .

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

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

No person shall take and leave, abandon or allow any game bird, game fish, or game animal except trophy game animal, or edible portion, to intentionally or needlessly go to waste. No person shall knowingly possess any parts of a big game animal wasted as provided in this subsection.
The failure of any person to properly dress and care for any big game animal killed by that person, and, if the carcass is reasonably accessible, within forty-eight (48) hours to take or transport the carcass to the camp of that person, and there properly care for the carcass, is prima facie evidence of a violation of subsection (a).
No person shall abandon meat from a big game animal or game bird at a meat processing plant. Unless there is an express agreement between the processing plant and the person providing otherwise, any person leaving meat from a big game animal or game bird at a meat processing plant for more than forty-five (45) days is prima facie evidence of a violation of this subsection if written notice of the expiration of time has been attempted by the processing plant in accordance with rules and regulations promulgated by the game and fish department. The owner or operator in charge of any meat processing plant shall immediately report a violation of this subsection to any enforcement personnel of the department. Notwithstanding any other provision of this act, the owner of the meat processing plant is entitled to the proceeds of sale of any meat confiscated under this subsection up to the amount of reasonable processing or storage charges following a conviction under this subsection or a reasonable time after the violation is reported. If the department has been unsuccessful in selling the confiscated meat within thirty (30) days following the reported violation, the department may dispose of the meat as it deems appropriate.

History. Laws 1929, ch. 93, § 33; R.S. 1931, § 49-207; Laws 1933, ch. 39, § 18; C.S. 1945, § 47-512; W.S. 1957, § 23-94; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-77; 1996, ch. 109, § 1; 2013, ch. 78, § 1.

The 2013 amendment, effective July 1, 2013, added the last sentence in (a).

Meaning of “this act.” —

For the definition of “this act,” referred to in the fourth sentence in subsection (c), see § 23-1-102(a)(xiii).

“Person.” —

Outfitter was a “person” within meaning of this section, since “person” includes a corporation, company, or other type of association. Billings v. Wyoming State Bd. of Outfitters & Professional Guides, 837 P.2d 84, 1992 Wyo. LEXIS 124 (Wyo. 1992).

To violate subsection (a) of this section, the same “person” who took the animal must also allow it to go to waste. Billings v. Wyoming State Bd. of Outfitters & Professional Guides, 837 P.2d 84, 1992 Wyo. LEXIS 124 (Wyo. 1992).

Cited in

Mayland v. State, 568 P.2d 897, 1977 Wyo. LEXIS 283 (Wyo. 1977).

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

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 other similar device except as otherwise provided. From and after the date gray 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 , gray wolves may be taken with a trap or snare only as allowed by and in accordance with rules and regulations of the commission.
No person shall take a game animal, game bird, or game fish, and use any parts thereof, for bait to trap or poison any wildlife of Wyoming.
Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
No person shall place any bait for the purpose of taking a big game animal nor shall any person knowingly take a big game animal by the use of any bait that has been deposited, placed, distributed or scattered in a manner to constitute a lure, attraction or enticement to, on or over the area where any hunter is taking big game animals. Nothing in this subsection shall:
1. Apply to normal or accepted agricultural management practices;
2. Prohibit taking big game animals over stored and standing crops, salt, mineral or other feed scattered solely as a result of normal and accepted agricultural practices;
3. Apply to the placement, distribution, depositing or scattering of bait, as approved by the game and fish commission, for the taking of big game animals by any legally blind person, person confined to a wheelchair or person hunting with a license issued pursuant to W.S. 23-1-705(j);
4. Apply to the placement, distribution, depositing or scattering of bait for the taking of big game animals in hunt areas to address population management, damage, disease or human safety issues. The commission shall promulgate rules and regulations governing the provisions of this paragraph.
As used in subsection (d) of this section, “bait” means the direct or indirect placing, exposing, depositing, distributing or scattering of salt, hay, grain, fruit, nuts or chemical, mineral or other feed as an attraction or enticement for big game animals, regardless of the kind and quantity. A chemical used as an attractant or mask rather than for consumption shall not be considered “bait”.
Repealed by Laws 2007, ch. 62 § 2.

History. Laws 1921, ch. 83, § 61; 1929, ch. 93, § 19; R.S. 1931, § 49-164; C.S. 1945, § 47-520; W.S. 1957, § 23-99; Laws 1967, ch. 168, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-78; Laws 2001, ch. 27, § 1; 2003, ch. 115, § 2; 2005, ch. 7, § 1; 2007, ch. 62, §§ 1, 2; 2012, ch. 54, § 1.

The 2005 amendment, effective July 1, 2005, in (d)(iii), added “or person hunting with a license issued pursuant to W.S. 23-1-705(j),” and made stylistic changes.

The 2007 amendment, effective July 1, 2007, in (c), deleted “subsections (a) and (b) of” following “Violation of,” substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “3rd degree misdemeanor”; and repealed (f), which read: “A violation of subsection (d) of the section constitutes a 5th degree misdemeanor.”

The 2012 amendment, effective July 1, 2012, added (d)(iv).

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

No person shall hunt, shoot, or attempt to kill any wildlife from any public road or highway.
No person shall enter upon the private property of any person to hunt, fish, collect antlers or horns, or trap without the permission of the owner or person in charge of the property. Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
No person shall fire any firearm from, upon, along, or across any public road or highway.
No person knowingly shall fire any rifle from the enclosed lands of one person onto or across the enclosed lands of another without the permission of both persons.
No person shall hunt at night upon privately owned or leased lands except with written permission of the landowner or lessee.

History. Laws 1939, ch. 65, § 48; C.S. 1945, § 47-402; W.S. 1957, § 23-98; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-79; Laws 1991, ch. 2, § 1; 2007, ch. 62, § 1; 2017, ch. 116, § 1.

Cross references. —

As to authority to enter land of another to eradicate predatory animals, see §§ 11-6-101 through 11-6-103 .

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “7th degree misdemeanor” in (b).

The 2017 amendment, effective July 1, 2017, in (b), added “collect antlers or horns.”

Quoted in

Heilig v. Wyo. Game & Fish Comm'n, 2003 WY 27, 64 P.3d 734, 2003 Wyo. LEXIS 33 (Wyo. 2003).

Am. Jur. 2d, ALR and C.J.S. references. —

Entry on private lands in pursuit of wounded game as criminal trespass, 41 ALR4th 805.

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

No person shall harass, pursue, hunt, shoot, or kill any Wyoming wildlife except predatory animals with, from, or by use of any aircraft, automotive vehicle, trailer, motor-propelled wheeled vehicle, or vehicle designed for travel over snow. No person shall use any aircraft, to aid in the taking of any Wyoming wildlife, except predatory animals, whether by spotting or locating the wildlife, communicating with any person attempting to take the wildlife, or by providing other aid to any person taking the wildlife. Nothing in this subsection shall apply to the use of any aircraft by governmental agencies, their employees, contractors or designees performing any lawful duties. The commission may exempt handicapped hunters from any provision of this subsection.
No person shall take any wildlife with the aid of or by using any artificial light or lighting device except as otherwise provided in subsections (f) and (g) of this section and except that predators may be taken with the aid of an artificial light or lighting device by:
1. A public officer authorized to and conducting predator control;
2. A landowner, resident manager, or person with the landowner’s or a resident manager’s written permission to take predators, on land under the landowner’s control for the protection of his property.
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 be inhabited by wildlife while having in his possession and control any device for taking wildlife.
Nothing in this section shall prohibit the hunting on foot of raccoon with the aid of a handlight provided the hunter is accompanied by a raccoon hunting dog and if hunting on private lands, has the written permission of the landowner or his agent.
Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
The commission shall establish by rule and regulation specifications for the taking of game animals with the use of artificial light or lighting devices by persons with central visual acuity disabilities.
The commission shall establish by rule and regulation specifications for the taking of fish with the use of artificial light or lighting devices.

History. Laws 1939, ch. 65, § 78; C.S. 1945, § 47-516; W.S. 1957, § 23-97; Laws 1967, ch. 9, § 1; 1971, ch. 200, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-80; Laws 1981, ch. 174, § 1; 2003, ch. 107, § 1; 2007, ch. 62, § 1; 2013, ch. 54, § 1; 2014, ch. 38, § 1.

The 2007 amendment, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “4th degree misdemeanor” in (e).

The 2013 amendment, added in the introductory paragraph in (b) “except as otherwise provided in subsection (f) of this section and” following “lighting device”; in (b)(i) added “and conducting predator” following “authorized to”, and deleted “predators” following “control”; in (b)(ii) added “to take predators” following “written permission”; and added (f).

The 2014 amendment, effective July 1, 2014, in the introductory paragraph of (b), substituted “in subsections (f) and (g)” for “in subsection (f),” and added (g).

§ 23-3-307. Hunting while intoxicated or under influence of controlled substance prohibited.

No person shall carry a firearm with a cartridge therein, or take any wildlife in Wyoming, while intoxicated or under the influence of controlled substance as defined in the Wyoming Controlled Substances Act of 1971 [§§ 35-7-1001 through 35-7-1057 ] or amendments thereto.
Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1951, ch. 55, § 1; W.S. 1957, § 23-103; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-81; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “10th degree misdemeanor” in (b).

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

Every hunter or fisherman entering or leaving areas for which check stations have been established shall stop and report at the check station if the check station is on the hunter’s or fisherman’s route to and from the hunting or fishing area.
Game or fish licensees must produce their licenses and any game animals, game birds, fish, or furbearing animals in their possession for inspection upon request of any authorized department representative.
Check stations shall be manned by department personnel in uniform including insignia and badge.
Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1963, ch. 186, § 1; W.S. 1957, § 23-1085; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-82; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “an 11th degree misdemeanor” in (d).

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

No person shall intentionally attract or feed any elk by depositing, placing, distributing or scattering feed that results in commingling with livestock.
Nothing in this section shall prohibit:
1. Any normal or accepted agricultural management practice;
2. Any elk feeding program authorized or conducted by the department;
3. Any legal form of baiting elk as authorized by commission rule and regulation;
4. Any feeding of elk for the purpose of reducing the opportunity for contact with livestock when undertaken with prior notice to the department;
5. Any feeding of elk outside a brucellosis surveillance area designated pursuant to Wyoming livestock board rules and regulations.
A first violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v). A second or subsequent violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

History. Laws 2009, ch. 11, § 1.

Effective dates. —

Laws 2009, ch. 11, § 1, makes the act effective July 1, 2009.

§ 23-3-310. Possession of road killed wildlife.

The commission shall, in consultation with the state transportation commission, adopt rules to establish a program whereby any person desiring to possess wildlife killed as a result of unintentional motor vehicle collisions on any public road or highway in the state of Wyoming is permitted to do so, provided that he collects the entire road killed animal, both edible and inedible portions and possesses a donation certificate or Wyoming interstate game tag issued by the department, including a certificate or tag issued electronically. Unless otherwise provided by rule of the commission, a person desiring to possess a road killed animal shall contact the department before taking possession of an animal to obtain a donation certificate. The rules may provide that a person requesting the donation certificate may have to present the animal for inspection to verify its possession meets the criteria of the regulation. No person possessing a donation certificate shall donate a road killed animal to a nonprofit organization in accordance with W.S. 35-7-1302(b)(vii).
None of the provisions of this section shall apply to bighorn sheep, gray wolves within any area of the state where gray wolves are classified as trophy game animals, grizzly bears, mountain goats, wildlife species covered under the federal Migratory Bird Treaty Act, federal threatened or endangered species or those species whose possession is prohibited by federal or state statute or regulation.
Nothing in this section shall authorize the taking of wildlife or possession of any illegally taken wildlife.
Upon request of the state transportation commission, the commission shall exempt segments of public road or highway from the program established pursuant to this section.
Once a carcass is retrieved by the department of transportation, it becomes the property of the department and shall be disposed of in accordance with department procedures.

History. Laws 2021, ch. 88, § 1.

Effective date. —

Laws 2021, ch. 88, § 3, makes the act effective July 1, 2021.

Article 4. Miscellaneous Acts Prohibited

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

No person shall engage in any commercial operation or business authorized under this act without the proper license.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-83.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

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

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

History. Laws 1939, ch. 65, § 93; C.S. 1945, § 47-534; W.S. 1957, § 23-19; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-84; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “9th degree misdemeanor.”

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

No person shall procure or attempt to procure any license or tag under this act by false swearing, fraud, or false statement of any kind or in any form.
Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-85; Laws 1989, ch. 24, § 1; 1997, ch. 15, § 2; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “fifth degree misdemeanor” in (b).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

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

No person shall deliver to any tannery, nor shall any tannery receive any game specimen unless tagged with a Wyoming game tag except as otherwise provided. Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
Tanneries by keeping records required by the commission may receive, purchase, store, handle, ship, sell, transport, and deliver any hide from cloven hoof big game animals, either within or without Wyoming, without tagging the hide with a Wyoming game tag.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-86; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “an 11th degree misdemeanor” in (a).

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

No person shall with the intent to prevent or hinder the lawful taking of any wildlife:
1. Interfere with the lawful taking of or the process of lawfully taking any wildlife;
2. Engage in any activity intended to threaten or otherwise affect the behavior of any wildlife.
A violation of subsection (a) of this section constitutes a low misdemeanor as punishable as provided in W.S. 23-6-202(a)(v).
Any person failing to obey an order of any peace officer to immediately desist from conduct in violation of subsection (a) of this section is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
Any organization or association which counsels or solicits its members or others to violate subsection (a) of this section is guilty of a misdemeanor punishable by a fine of not more than ten thousand dollars ($10,000.00). Each subsequent violation of this subsection shall be punishable by a fine of not more than fifty thousand dollars ($50,000.00).
In addition to penalties imposed under this section, any person who has suffered injury by reason of the conduct of any person violating this section is entitled to recover damages in a civil action. Actual damages recoverable may include, but are not limited to expenditures for licenses, travel, outfitters and guides and special equipment and supplies to the extent the expenditures are rendered futile by the person’s conduct in violation of this section. If the trier of fact finds that the unlawful conduct was malicious, it may award punitive damage to the injured party.
Upon petition to the district court by any affected party and upon a showing that conduct in violation of this section is threatened or has occurred and under similar circumstances would likely reoccur, the court may enjoin conduct which would be in violation of this section.
This section shall:
1. Not apply to any land lessee, permittee or any employee thereof engaged in the performance of work-related activities;
2. Not apply to any landowner or his agent engaged in any activity on his own private property.
As used in subsection (a) of this section, “process of lawfully taking” means travel, camping and other acts preparatory to taking wildlife if occurring on lands or water upon which the affected person may legally take the wildlife.

History. Laws 1991, ch. 41, § 1; 1997, ch. 30, § 1; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor as punishable as provided in W.S. 23-6-202(a)(v)” for “7th degree misdemeanor as specified under W.S. 23-6-202(a)(vii)” in (b); substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “2nd degree misdemeanor punishable under W.S. 23-6-202(a)(ii)” in (c).

Law reviews. —

For comment, “Wyoming's Hunt Interference Law — Anarchy in the Woods: How Far Afield Does the Right of Free Speech Extend?,” see XXVII Land & Water L. Rev. 505 (1992).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and construction of statutes prohibiting harassment of hunters, fishermen, or trappers, 17 ALR5th 837.

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

No person shall discharge a firearm or other hunting implement at a simulated wildlife decoy in violation of any law or regulation with respect to the hunting or taking of the wildlife being simulated when the decoy is being used by a certified peace officer.
As used in this section, “decoy” does not include a simulation that possesses extraordinary characteristics unusual for a typical member of the wildlife species being simulated.
Upon conviction for violation of this section, the penalty shall be the same as prescribed for the unlawful taking of the actual wildlife being simulated excluding penalties provided under W.S. 23-3-102(d).

History. Laws 1995, ch. 86, § 1.

§ 23-3-407. Remote hunting prohibited.

No person shall operate, provide, sell or use or offer to operate, provide, sell or use any computer software or service that allows a person, not physically present, to remotely control a firearm or weapon to hunt any live wildlife or animal.
A violation of subsection (a) of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 2009, ch. 79, § 1.

Effective dates. —

Laws 2009, ch. 79, § 2, makes the act effective July 1, 2009.

Chapter 4 Protection and Propagation of Fish

Am. Jur. 2d, ALR and C.J.S. references. —

35A Am. Jur. 2d Fish and Game §§ 48-61, 68-70, 72-77.

Tort liability for pollution from underground storage tank, 5 ALR5th 1.

36A C.J.S. Fish §§ 28 to 36.

Article 1. Fish Hatcheries and Stocking

§ 23-4-101. Fish stocking in waters without consent prohibited; penalties.

No person shall plant or release any fish or fish eggs in any public waters of Wyoming without the consent and under the supervision of the department or its authorized personnel.
The escape of lawfully stocked fish or fish eggs does not constitute a violation of this section.
Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
The court may, in its discretion, revoke any license issued under this act to any person convicted of a violation of this section, for the remainder of the year in which the conviction occurs, and may suspend the person’s privilege to purchase or receive any other license under this act or to take any wildlife for a period of time up to and including lifetime revocation.
In addition to any other criminal penalty provided in this act, any person who violates this section may be assessed civil penalties in an amount not to exceed the costs incurred by the commission in removing the fish or fish eggs from the waters affected by the violation. The commission may bring a civil action in any court of competent jurisdiction for civil penalties or injunctive relief.

History. Laws 1939, ch. 65, § 72; C.S. 1945, § 47-503; W.S. 1957, § 23-109; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-87; 2010, ch. 99, § 1.

The 2010 amendment, effective July 1, 2010, redesignated the existing provisions as (a), and added (b) through (e).

§ 23-4-102. Operation of privately owned fish hatcheries, artificial lakes or ponds.

Any person who owns or operates a fish hatchery, artificial lake, pond or ponds for the purpose of raising fish for resale, may stock the fish hatchery, artificial lake, pond or ponds with eggs or fish procured from any lawful source. Any eggs or fish acquired from sources other than the department or federal government shall be inspected by an authorized agent of the department before planting.
Thereafter, the owner or operator may take fish from the hatchery, artificial lake, pond or ponds in any manner except by poison, explosives, or fishing except as otherwise provided in this section. The owner or operator may sell and dispose of any fish or fish eggs taken subject to any restrictions provided in this section.
“Artificial lake, pond or ponds” as used in this section means bodies of water created by the artificial diversion or storage of water not exceeding one hundred (100) acres in any one (1) surface area and does not include natural ponds, natural streams, or bodies of water wholly created by nature.
The owner or operator shall procure a license for the operation from the department. The owner or operator shall also post a five hundred dollar ($500.00) surety bond with the department. The bond shall be conditioned to the effect that the owner or operator will not sell or dispose of fish or fish eggs caught or taken in any of the waters of Wyoming other than those for which the license is issued, and to the effect that the owner or operator will keep a strict record of his operations under the license as may be required by the commission.
When an owner or operator sells or disposes of any fish or fish eggs, he shall deliver a certificate of sale upon a form to be furnished to the owner or operator by the department to the purchaser or receiver at the time the fish or fish eggs are delivered.
Any hotel, restaurant, cafe, or business house, or individual, may sell, serve, or dispose of fish purchased from any owner or operator in the regular course of business and shall exhibit upon request by any department personnel the certificate of sale furnished him by the owner or operator.
Whenever any of the fish or fish eggs are transported by a common carrier, each and every parcel of the shipment shall have a Wyoming game tag attached. The owner or operator shall obtain Wyoming game tags from the department and shall keep a strict record of all Wyoming game tags.
The owner or operator may operate a catchout pond, containing ten (10) surface acres of water or less, where fish may be caught by fishing. A charge may be made for this privilege by the owner or operator and the fishermen are not required to hold a valid Wyoming fishing license when fishing in a catchout pond.

History. Laws 1939, ch. 65, § 82; C.S. 1945, § 47-521; W.S. 1957, § 23-114; Laws 1969, ch. 141, § 2; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-88.

§ 23-4-103. License to seine; license for dealers in live bait.

The department may issue licenses to seine or trap fish to such persons as it considers qualified upon application and payment of fees. The license entitles the holder to seine or trap fish at such time, place, and manner as provided by law and orders of the commission.
The department may issue licenses to deal in live bait to such persons as it considers qualified upon application and payment of fees. The license entitles the holder to deal in live bait at such time, place, and manner as provided by law and orders of the commission. The commission may regulate the type of live bait which may be sold and the source from which live bait may be obtained.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-89.

§ 23-4-104. Fish hatchery protection; penalty.

Any person who, without consent of the owner, intentionally removes, destroys or introduces a substance into the waters of another with intent to destroy, any fish in a fish hatchery, artificial lake, pond including a catch out pond being used as a commercial aqua-culture operation is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the value of the fish destroyed is not more than five hundred dollars ($500.00), or a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the value of the fish destroyed is more than five hundred dollars ($500.00).

History. Laws 1991, ch. 80, § 1.

Article 2. Aquatic Invasive Species

Editor's notes. —

Laws 2010, ch. 98, §§ 4 through 6, provide: “Section 4. The game and fish department is authorized to fill one (1) biologist supervisor full-time equivalent position which is vacant as of the effective date of this act to serve as the coordinator of the program created by this act. The authorization under this section to fill the vacant position shall not be considered to be the filling of a vacant position for purposes of section 314 of 2010 House Bill 0001. The general fund appropriation to the game and fish department in section 3 of this act shall be reduced dollar for dollar by any funds appropriated in 2010 House Bill 0001 to the department for the vacant position filled pursuant to this section.

“Section 5. The legislature recognizes that the program created by this act, in protecting the waters of this state from the deleterious effects of aquatic invasive species will be especially beneficial to the infrastructure owned by the United States bureau of reclamation in this state. Because of these benefits, the game and fish department is directed to make diligent efforts to obtain additional funding for the program created under this act from the United States bureau of reclamation and other federal sources.

“Section 6. (a) The state parks and cultural resources department shall, not later than October 1, 2011, report to the joint travel, recreation, wildlife and cultural resources interim committee and the joint appropriations interim committee on the effective utilization of law enforcement resources and personnel.

“(b) The game and fish commission shall, not later than October 1, 2011, report to the joint travel, recreation, wildlife and cultural resources interim committee on the effectiveness of the aquatic invasive species program.”

Appropriations. —

Laws 2010, ch. 98, § 3, provides: “There is appropriated one million five hundred thousand dollars ($1,500,000.00) from the general fund to the game and fish department. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2012. This appropriation shall only be expended for the purposes of this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2012. This appropriation shall not be included in the game and fish department's 2013-2014 standard biennial budget request. The department of state parks and cultural resources and the game and fish department shall, not later than November 1, 2010, jointly report to the joint appropriations committee and the joint travel, recreation, wildlife and cultural resources interim committee on the long term funding needed for the program created by this act.”

Effective dates. —

Laws 2010, ch. 98, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2010.

§ 23-4-201. Definitions.

As used in this article:
1. “Aquatic invasive species” means exotic or non-native aquatic organisms that have been determined by the commission to pose a significant threat to the aquatic resources, water supplies or water infrastructure of the state;
2. “Conveyance” means a motor vehicle, boat, watercraft, raft, vessel, trailer or any associated equipment or containers, including but not limited to live wells, ballast tanks, bilge areas and water hauling equipment that may contain or carry an aquatic invasive species;
3. “Decontaminate” means to wash, drain, dry or chemically, thermally or otherwise treat a conveyance in accordance with rules promulgated by the commission in order to remove or destroy an aquatic invasive species;
4. “Equipment” means an article, tool, implement or device capable of containing or transporting water or aquatic invasive species;
5. “Inspect” means to examine a conveyance pursuant to procedures established by the commission in order to determine whether an aquatic invasive species is present, and includes examining, draining or treating water in the conveyance;
6. “Water sport toy” means a sailboard, float tube, kite board or any aid to swimming or fishing that is not designed primarily for navigation.

History. Laws 2010, ch. 98, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 23-4-202 Prohibition on aquatic invasive species; mandatory conveyance checks; reporting.

No person shall:
1. Launch any conveyance into the waters of this state without first complying with aquatic invasive species prevention requirements established by commission rule;
2. Possess, import, export, ship, transport or cause to be possessed, imported, exported, shipped or transported an aquatic invasive species in this state, except as authorized by the commission;
3. Introduce an aquatic invasive species into any waters of the state; or
4. Refuse to comply with the inspection requirements or any order issued under this article.
A person who knows that an unreported aquatic invasive species is present at a specific location in this state shall immediately report that knowledge and all pertinent information to the commission or a peace officer.

History. Laws 2010, ch. 98, § 1.

§ 23-4-203 Enforcement.

In order to prevent, control, contain, monitor and whenever possible eradicate aquatic invasive species from the waters of this state, the commission and the department of state parks and cultural resources shall promulgate rules and regulations to administer and enforce the provisions of this article and to establish, operate and maintain aquatic invasive species check stations in order to inspect conveyances.
Every conveyance shall stop at authorized mandatory aquatic invasive species check stations in accordance with rules established by the commission and the department of state parks and cultural resources. Upon probable cause that an aquatic invasive species may be present, a peace officer may:
1. Require the owner of a conveyance to decontaminate the conveyance; or
2. Decontaminate or impound and quarantine the conveyance as provided in this section.
The commission, in consultation with the department of state parks and cultural resources, may restrict watercraft usage on waters of the state as provided in W.S. 41-13-211(b) upon a finding that a specific body of water is threatened with the imminent introduction of an aquatic invasive species or an aquatic invasive species has been introduced to the specific body of water.
Any peace officer is authorized to stop and inspect for the presence of aquatic invasive species or for proof of required inspection any conveyance:
1. Immediately prior to a boat, vessel or watercraft being launched into waters of the state;
2. Prior to departing from the waters of this state or a boat, vessel or watercraft staging area;
3. That is visibly transporting any aquatic plant material; or
4. Upon a reasonable suspicion that an aquatic invasive species may be present.
A peace officer may order the decontamination of a conveyance upon a determination that an aquatic invasive species is present after conducting an inspection as provided in this section.
A peace officer may impound and quarantine a conveyance if:
1. The peace officer finds that an aquatic invasive species is present after conducting an inspection authorized by this section;
2. The person transporting the conveyance refuses to submit to an inspection authorized by this section; or
3. The person transporting the conveyance refuses to comply with an order authorized by this section to decontaminate the conveyance.
An impoundment and quarantine of a conveyance may continue for the reasonable period necessary to inspect and decontaminate the conveyance and to ensure that the aquatic invasive species has been completely eradicated from the conveyance or is no longer living.
As provided in this subsection, every conveyance entering the state by land shall be inspected by an authorized aquatic invasive species inspector in accordance with rules established by the commission prior to contacting or entering the waters of this state. The commission shall promulgate rules establishing the dates when such inspections are required and qualifications for authorized inspectors.
The commission, in coordination with the department of transportation, the department of state parks and cultural resources and the department of agriculture, is authorized to establish and inspect conveyances at mandatory aquatic invasive species check stations at ports of entry, other department of transportation facilities located near the borders of this state that meet established state and national safety and commerce requirements for the traveling public or other appropriate facilities.

History. Laws 2010, ch. 98, § 1; 2012, ch. 64, § 1.

The 2012 amendment, effective July 1, 2012, added (h) and (j).

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

§ 23-4-204 Rulemaking authority; fees.

The commission and the department of state parks and cultural resources shall promulgate rules to administer and enforce the provisions of this article.
The commission shall establish and collect fees in accordance with the following:
1. An annual fee shall be collected by the commission for every watercraft before the watercraft enters the waters of the state. Payment of the fees shall be evidenced by a sticker placed on the bow of the watercraft or electronically as determined by commission rule or regulation. No person shall operate nor shall the owner permit the operation of any watercraft on the waters of the state without payment of the fees provided in this section. For purposes of this paragraph, “watercraft” means any contrivance used or designed primarily for navigation on water but does not include personal flotation devices or water sport toys;
2. Notwithstanding W.S. 23-4-203(a) and subsection (a) of this section, fees shall be established by commission rule or regulation promulgated in accordance with the Wyoming Administrative Procedure Act;
3. Fees shall be established in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates, but does not exceed, the direct and indirect costs of administering the regulatory provisions required under this article.
Repealed by Laws 2015, ch. 41, § 2.

History. Laws 2010, ch. 98, § 1; 2015, ch. 41, §§ 1, 2.

The 2015 amendment, effective July 1, 2015, in the introductory language of (b), deleted “and the department of state parks and cultural resources” preceding “shall”; in (b)(i), deleted “or the department of state parks and cultural resources” following “commission” in the first sentence, substituted “or electronically as determined by commission rule or regulation” for “and” in the present second sentence, deleted “and display of the sticker on the bow of the watercraft” at the end of the present third sentence; added “Notwithstanding W.S. 23-4-203(a) and subsection (a) of this section”; repealed former (c), which read: “The department of state parks and cultural resources may collect fees and shall transfer those fees collected to the commission for deposit in the account created pursuant to W.S. 23-1-501(g)”; and made related changes.

§ 23-4-205 Penalties.

Any person who violates the provisions of this article or any order under this article is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
In addition to any other criminal penalty provided in this section any person who violates any provision of this article, may be assessed civil penalties in an amount not to exceed the costs incurred by the commission and the department of state parks and cultural resources in enforcing the provisions of this article but shall not include costs associated with the eradication of an aquatic invasive species introduced into the waters of this state. The commission or the department of state parks and cultural resources may bring a civil action in any court of competent jurisdiction for civil penalties or injunctive relief.

History. Laws 2010, ch. 98, § 1.

§ 23-4-206. Reciprocal aquatic invasive species program agreements with adjoining states authorized; water subject to agreements; implementing orders.

The commission is authorized to enter into reciprocal agreements with corresponding state officials of adjoining states for purposes of providing for the recognition of aquatic invasive species programs at least as restrictive as those in Wyoming, for boating by residents of this state and adjoining states upon artificial impoundments of water forming the boundary between this state and adjoining states. The agreements may include provisions by which each state shall honor the aquatic invasive species program fees of the other state. Watercraft operators from the other state shall display proof of payment of the appropriate aquatic invasive species program fee from the other state and any additional reciprocity fee to the state of Wyoming set by mutual agreement of the states.
It is the primary purpose of this section to provide a method whereby the boating opportunities afforded upon artificial impoundments of water forming the boundary between this state and adjoining states may be mutually enjoyed by the residents of Wyoming and the residents of adjoining states.
The commission is authorized to establish orders as provided in this act to implement any agreements under this section.

History. Laws 2011, ch. 73, § 1.

Effective dates. —

Laws 2011, ch. 73, § 2, makes the act effective July 1, 2011.

Chapter 5 Game Bird Farms; Fishing Preserves

Law reviews. —

For comment, “Reserving Wildlife for Resident Consumption: Is the Dormant Commerce Clause the Outfitters' White Knight?,” see XXXII Land & Water L. Rev. 125 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

38 C.J.S. Game §§ 52, 53.

Article 1. Game Bird Farms

§ 23-5-101. Compliance with provisions prerequisite to establishment of game bird farm.

Any person who owns, or any person who holds or controls fee land, by lease or otherwise 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 land within the state suitable for game birds upon complying with the provisions of this act, may, establish, operate and maintain a game bird farm for the purpose of breeding, propagating, killing, hunting, and selling game birds.

History. Laws 1961, ch. 218, § 1; W.S. 1957, § 23-134; Laws 1971, ch. 188, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-90.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

§ 23-5-102. Department to issue licenses.

The department shall issue licenses for game bird farms, and for the propagation, breeding, possession, use, releasing, killing, hunting, and sale of licensed birds therefrom. No license shall authorize any of the acts specified in this section for greater sage grouse unless the licensee has been certified under W.S. 23-5-111 .

History. Laws 1961, ch. 218, § 2; W.S. 1957, § 23-135; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-91; 2017, ch. 213, § 2.

The 2017 amendment added the last sentence.

Laws 2017, ch. 213, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 17, 2017.

Editor's notes. —

Laws 2009, ch. 54, § 1 provides: “The game and fish commission and department shall report to the joint travel, recreation, wildlife and cultural resources interim committee not later than August 31, 2009 regarding the development of commission rules, regulations and procedures pursuant to 2008 Wyoming Session Laws, chapter 48, section 2, section 40, footnote 3, to allow private game bird farms in this state to raise native sage grouse for release. The committee may sponsor legislation in the 2010 budget session as it determines appropriate to address the issue of private game bird farms raising native sage grouse for release. Neither the raising nor release of native sage grouse shall be permitted under any game bird farm license issued under W.S. 23-5-102 unless specifically authorized by legislation enacted after April 1, 2009.”

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

An owner or lessee desiring to establish, operate, and maintain a game bird farm in conformity with this act shall file with the department a verified declaration, describing the purpose for, and proposed methods of breeding, propagating, hunting and sale of licensed game birds and setting forth the number of acres embraced in the tract to be so used, together with the legal description of the tract.

History. Laws 1961, ch. 218, § 3; W.S. 1957, § 23-136; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-92.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

§ 23-5-104. Investigation of applicant; issuance of license; purchase or replacement of birds; marking of birds.

Upon the filing of the declaration the department shall investigate and require the applicant to produce satisfactory evidence of the facts stated in the declaration. The licensee shall purchase or replace to the state all game birds within the boundaries of the proposed farm and to effect this 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 a board to go upon the lands embraced within the proposed license and determine as nearly as possible the number of wild game birds occupying the proposed tract. The determination shall be made within thirty (30) days after the date of the application for a license. The necessary expense of all of the members of the board shall be paid by the licensee. Within thirty (30) days after the date of the determination of the number of occupying game birds the licensee shall pay to the department a specified sum per bird as determined by the department or replace to the state an equivalent number of birds.
The department shall issue a license to the applicant describing the lands, and certifying that the licensee is lawfully entitled to use the lands for the breeding, propagating, hunting, killing, and selling of licensed game birds thereon according to the provisions of this act if upon such examination it appears:
1. The applicant is the owner or lessee of the lands;
2. The applicant intends in good faith to establish, operate, and maintain a commercial game bird farm, and raise and release additional game birds into the wild;
3. The area to be licensed is enclosed by a legal fence and posted as a “private game bird farm”; and
4. The applicant has paid to the department the specified sum for game birds on the premises or replaced to the state an equivalent number of game birds.
When a license has been granted, the licensee becomes the owner of all offspring of the game birds actually produced and remaining thereon. No person shall entice game birds into the licensed premises by baiting, artificial feeding or by any other means. All adult game birds released on the licensed premises shall be marked by identifying leg or wing bands. After three (3) years of continuous operation and licensure for the same location, the licensee shall not be required to mark adult game birds with identifying 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 year on the licensed premises, which number may be a combination of any species of game birds. Failure to release the minimum number of birds is cause for revocation of the license. The commission shall not limit by rule and regulation or policy the number or species of game birds a licensee may raise, possess, confine, transport or dispose of in accordance with the provisions of this chapter.

History. Laws 1961, ch. 218, § 4; W.S. 1957, § 23-137; Laws 1971, ch. 188, § 2; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-93; Laws 1995, ch. 138, § 1; 1999, ch. 30, § 1; 2017, ch. 213, § 2.

The 2017 amendment, in (c) at the end of the fifth sentence added “which number may be a combination of any species of game birds,” in the middle of the last sentence added “or species” following “policy the number,” and made a related change.

Laws 2017, ch. 213, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 17, 2017.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (b), see § 23-1-102(a)(xiii).

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

Applicants for the license shall pay the proper fee. The license, if issued on or after January 1, 2019, expires as provided in commission rules, but may be renewed each year in the discretion of the department upon the payment of the proper fee.

History. Laws 1961, ch. 218, § 5; W.S. 1957, § 23-138; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-94; 2013, ch. 43, § 1; 2018, ch. 89, § 1.

The 2013 amendment, effective July 1, 2013, substituted “April” for “February” in the second sentence.

The 2018 amendment, effective January 1, 2019, substituted “license, if issued on or after January 1, 2019, expires as provided in commission rules, but may” for “license expires on April 1 of each year, but may.”

Editor’s notes. —

§ 23-5-106. Rights of licensee generally.

The game bird farm license is prima facie evidence in all courts and proceedings of the lawful right of the licensee therein named, his or its successor or assigns, for the term of license, to establish and operate a game bird farm upon the premises, and entitles the licensee therein named or his successors or assigns, to the exclusive right for and during the term to breed, propagate, hunt, kill, and sell the licensed game birds thereon. For game bird species other than greater sage grouse, the licensee shall not shoot or kill over ninety-six percent (96%) of the birds reared or released on his premises. No licensee shall undertake any of the acts specified in this section for greater sage grouse unless the licensee holds a current certification under W.S. 23-5-111 , and the acts are taken in accordance with W.S. 23-5-111 and rules adopted pursuant thereto.

History. Laws 1961, ch. 218, § 6; W.S. 1957, § 23-139; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-95; 2017, ch. 213, § 2.

The 2017 amendment, added the beginning of the second sentence which reads: “For game bird species other than greater safe grouse,” added the last sentence, and made a related change.

Laws 2017, ch. 213, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 17, 2017.

Cross references. —

As to prohibition of sale or purchase of game animal, game bird or game fish generally, see § 23-3-302 .

§ 23-5-107. Receipt to be given for removal of birds from licensed premises.

Before any bird may be removed from the licensed premises, the licensee or operator shall issue to the person removing birds a receipt. The receipt shall be dated and shall contain information as to the number of birds, the sex, and species being removed from the licensed premises.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-96.

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

No person shall take game birds on any licensed game bird farm area at any time except during the established season for game bird farms and unless:
1. The person has in his possession at the time a license authorizing the hunting of game birds; or
2. The person is participating in a special competitive game bird hunt as defined by commission regulation conducted on a licensed game bird farm.

History. Laws 1961, ch. 218, § 9; W.S. 1957, § 23-142; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-97; Laws 2005, ch. 26, § 1; 2018, ch. 89, § 1.

The 2005 amendments.—

The 2005 amendment,, amends this section effective January 1, 2006, by adding (a)(ii), and redesignating the existing provisions as (a) and (a)(i).

The 2018 amendments.—

The 2018 amendment, effective January 1, 2019, in (a)(i), deleted “as required under this act or a special bird license” following “game birds.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

§ 23-5-109. Bird license; fee; license not required of commercial purchasers.

All game bird farm licensees are authorized selling agents of the commission, may issue a bird license on forms prescribed by the commission to any person who does not have in his possession a license authorizing the hunting of game birds as required by this act, and shall comply with all provisions of this act. Bird licenses issued on or after January 1, 2019, expire as provided in commission rules and are valid for use only on the premises of the licensee selling the license. The appropriate fee for the bird license shall be paid to the department. The licensee may charge such additional fee for his personal services as he feels his operations may dictate, or he may sell directly to a commercial operator or restaurant operator, live or dressed game birds without their having to be killed by the purchaser, provided they are properly receipted, in which case the purchaser is not required to possess a valid game bird hunting license.

History. Laws 1961, ch. 218, § 10; W.S. 1957, § 23-143; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-98; 2018, ch. 89, § 1; ch. 89, § 1.

The 2018 amendment, effective January 1, 2019, deleted “special” preceding “bird licenses” throughout the section and substituted “licenses issued on or after January 1, 2019, expire as provided in commission rules and are valid” for “licenses are valid for a period of three (3) days from the date of issuance and valid.”

Editor’s notes. —

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 23-1-102(a)(xiii).

§ 23-5-110. Season required; exceptions.

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

History. Laws 1961, ch. 218, § 11; W.S. 1957, § 23-144; Laws 1971, ch. 188, § 5; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-99; Laws 1985, ch. 68, § 1; 1991, ch. 144, § 1; 2005, ch. 26, § 1.

The 2005 amendment, amends this section effective January 1, 2006, added the last sentence.

§ 23-5-111. Game bird farm-certification to raise greater sage grouse; authorization; requirements; limitations.

No person shall possess live greater sage grouse or propagate, breed, sell, raise or release greater sage grouse unless licensed as a game bird farm and certified to be in compliance with the requirements of this section.
The commission shall promulgate rules and regulations for the administration of this section. The rules and regulations shall establish a system to certify game bird farm licensees to possess, propagate, breed, raise, sell, gather eggs of and release greater sage grouse and to take greater sage grouse within the boundaries of the game bird farm. A licensee shall be issued an annual certificate of compliance under this section by providing evidence to the department that:
1. The licensee has successfully raised from eggs or chicks at least two (2) other species of game bird in accordance with this act for not less than three (3) consecutive years;
2. An adequate enclosure exists at the game bird farm to confine and handle greater sage grouse physically separated from other game birds;
3. The enclosures for greater sage grouse include vegetation consistent with the needs of the grouse;
4. The facility is disease free; and
5. The licensee demonstrates the capacity to meet requirements specified in this section and commission rule for continuing operation as a certified greater sage grouse facility.
To maintain certification under this section the licensee shall:
1. Submit an annual national poultry improvement plan certificate and annual avian influenza free certification by a licensed Wyoming veterinarian to the department;
2. Report within the time period established by rule the detection of any disease at the game bird farm to the department and undertake and report to the department remedial acts taken to mitigate the effects of any disease.
Before release, greater sage grouse shall be banded for identification in accordance with rules and regulations of the commission and held in a holding pen separate from any sage grouse not being released and separate from any other game bird species for at least thirty (30) consecutive days immediately prior to release. Any greater sage grouse that dies within the release holding pen during this period shall be reported to the department within the time period and in accordance with the procedures established by rule shall be sent to the Wyoming state veterinary laboratory for necropsy at the expense of the licensee. Any release of greater sage grouse within the state and not within the boundaries of the game bird farm shall be in coordination with the department. Commission rules may restrict areas of release as necessary to protect existing wild populations of greater sage grouse.
A game bird farm licensee holding a current certification under this section may collect greater sage grouse eggs for the purpose of establishing a captive breeding population, subject to the following restrictions:
1. All collections shall be conducted by the licensee or his agent under the supervision of a professional wildlife biologist and in coordination with the department;
2. No more than two hundred fifty (250) eggs may be collected by any game bird farm licensee in any calendar year;
3. No more than forty (40) nest sites in a single collection area may be disturbed by the game bird farm licensee in any calendar year; and
4. Eggs may only be collected in April and May;
5. Rules shall establish:
  1. Time of day and restrictions on methods of collection of eggs;
  2. The number of licensees authorized to collect eggs;
  3. The areas approved for collection of eggs; and
  4. Other limitations on egg collections, including the complete suspension of egg collections as determined by the commission to be beneficial to prevent the listing of or facilitate the removal of greater sage grouse as a candidate species under the Endangered Species Act.
The department may suspend, revoke or not renew any certification issued to a licensee under this section if, after notice and opportunity for a hearing, the department finds:
1. The licensee has violated any provision of this act or any rule promulgated under this act which relates to the licensee’s game bird farm operations;
2. The licensee’s facilities no longer provide secure holding facilities to contain and separate game bird species as required under this section;
3. The licensee’s facility has not remained disease free and the department reasonably believes the native greater sage grouse population of this state may be harmed thereby.
The requirements of this section for game bird farm certification for greater sage grouse are in addition to all other licensing requirements of this article.
A licensee whose certification under this section has been revoked may not reapply for a new certification within eighteen (18) months of the date of revocation.
Commission rules may provide for the forfeiture to the state or for other disposition of greater sage grouse at any facility whose certification under this section has been revoked. Certifications under this section shall expire as of December 31, 2022. Commission rules shall provide for disposition of all greater sage grouse held by a licensee pursuant to this section as of that date. No licensee shall be entitled to any reimbursement from or other claim against the state for any greater sage grouse owned by the licensee at the expiration or revocation of a certification and all certifications issued pursuant to this section shall so provide.

History. Laws 2017, ch. 213, § 1.

Effective date. —

Laws 2017, ch. 213, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 17, 2017.

Article 2. Fishing Preserves

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

The department upon application and payment of the proper fee shall issue licenses for fishing preserves permitting the acquisition, possession, and rearing of fish therein.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-100.

§ 23-5-202. “Fishing preserve waters” defined.

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

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-101.

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

The department shall, after application and payment of the proper fee, issue to an owner of fishing preserve waters a fishing preserve license permitting the holder to manage the fishing preserve waters and to possess, rear and to take or permit others to take therefrom, fish acquired from any legal source. A separate license is required for each body of water defined in 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 water requiring one (1) license.
The license so issued shall:
1. Specify the species of fish authorized to be stocked therein;
2. Specify the source of acquisition of fish stocked therein;
3. Specify the means, if any, to be used to trap the fish below the licensed waters.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-102.

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

Any licensee, during the term of his license, may grant permission to other persons to take fish in or from the licensed fishing preserve waters and to charge a fee for fishing, or if a club, to impose dues permitting such angling by members of the club. No fishing license is required to fish in any licensed fishing preserve waters. The licensee shall issue a receipt to any person removing fish from licensed premises. The receipt shall be provided by the department.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-103.

Chapter 6 Enforcement; Penalties

Joint resolution. —

Law reviews. —

For article, “The Endangered Species Act and Private Property,” see XXXII Land & Water Rev. 479 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

35A Am. Jur. 2d Fish and Game §§ 57 to 61.

36A C.J.S. Fish §§ 38 to 46; 38 C.J.S. Game §§ 61 to 85.

Article 1. Enforcement

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of roadblocks by state or local officials for purpose of enforcing fish or game laws, 87 ALR4th 981.

§ 23-6-101. Arrest without warrant; when person arrested to be taken immediately before a court.

Any game warden, commissioner or other employee of the department designated by the commission and any Wyoming law enforcement officer may arrest without warrant any person violating any provision of this act. If the offense charged is punishable as a misdemeanor, the arrested person shall be taken immediately before the nearest or most readily accessible court having jurisdiction of the offense in the county where the offense is alleged to have been committed unless the officer accepts a promise to appear as provided in W.S. 23-6-102(c) at a later time or a bond pursuant to W.S. 23-6-102(d).

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-104; Laws 1987, ch. 65, § 1; 2011, ch. 167, § 1.

The 2011 amendment, effective July 1, 2011, substituted “promise to appear as provided in W.S. 23-6-102 (c) at a later time or a bond pursuant to W.S. 23-6-102 (d)” for “written promise to appear at a later time or a bond pursuant to W.S. 23-6-102.”

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 23-1-102(a)(xiii).

Quoted in

O'Brien v. State, 711 P.2d 1144, 1986 Wyo. LEXIS 443 (Wyo. 1986).

§ 23-6-102. Notice to appear in court; release upon promise to appear; release upon posting bond.

When the person arrested is not immediately taken before the proper court, the arresting officer shall prepare a citation in triplicate, giving written notice to appear in court, containing the name and address of the person arrested, the offense charged, and the time and place where the person shall appear in court.
The place specified in the citation must be before the proper court in the county in which the offense charged is alleged to have been committed.
The arrested person, in order to secure release as provided in this section, must give his promise to appear in court by accepting one (1) copy of the citation. The officer shall deliver one (1) copy of the citation to the person promising to appear. Thereupon the officer shall forthwith release the person arrested from custody.
An arresting officer arresting any person for violation of any provision of this act may instead of issuing a citation containing notice to appear in court if the violator is not immediately taken before the proper court, accept a bond posted in accordance with the bond schedule adopted by the court for delivery to the court.
Any officer violating any of the provisions of this section is guilty of misconduct and is subject to removal from office.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-105; Laws 1987, ch. 65, § 1; 2011, ch. 167, § 1.

The 2011 amendment, effective July 1, 2011, in (c), deleted “written” before “promise,” and substituted “accepting one (1) copy of the citation” for “signing at least one (1) copy of the citation prepared by the arresting officer.”

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (d), see § 23-1-102(a)(xiii).

§ 23-6-103. Failure to obey citation; appearance by counsel; penalty.

No person shall violate his promise to appear given to any officer upon issuance of a game and fish citation regardless of the disposition of the charge for which the citation was originally issued. A promise to appear in court may be complied with by an appearance by counsel.
Violation of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-106; 2007, ch. 62, § 1; 2011, ch. 167, § 1.

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “9th degree misdemeanor” in (b).

The 2011 amendment, effective July 1, 2011, in (a), deleted “written” preceding “promise” twice.

§ 23-6-104. Procedure prescribed herein not exclusive.

The foregoing provisions [§§ 23-6-101 through 23-6-103 ] shall apply to all arrests without a warrant for violations of this act, but the procedures prescribed herein are not exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-107.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

§ 23-6-105. Form for citations.

The department shall provide an appropriate form of game and fish citations containing the notice to appear which shall be issued in books with citations in triplicate. The director or his designee is responsible for the issuance of citation books, shall maintain a record of every such book issued and each citation contained therein, and shall require and obtain a receipt for every book issued.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-108.

§ 23-6-106. Disposition and records of citations.

Every person issuing a game and fish citation as herein provided shall deposit one (1) copy of the citation with the court having jurisdiction over the alleged offense.
Upon the deposit of a copy of the citation with the proper court, the citation may be disposed of only by trial in that court, or other official action by a judge of that court, including forfeiture of the bail.
No person shall dispose of a game and fish citation or copies thereof, or of the record of the issuance of a citation in a manner other than as provided in this act.
The director or his designee shall require the issuing officer to return to him a copy of every game and fish citation issued to an alleged violator of any provision of this act and all copies of every game and fish citation which have been spoiled or upon which any entry has been made and not issued to an alleged violator.
The director or his designee shall also maintain or cause to be maintained in connection with every game and fish citation issued a record of the disposition of the charge by the court.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-109.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsections (c) and (d), see § 23-1-102(a)(xiii).

§ 23-6-107. When citation deemed a lawful complaint.

In the event the form of citation provided hereunder includes information and is sworn to as required under the general laws of this state in respect to a complaint charging commission of the offense alleged in the citation to have been committed, then the citation when filed with the proper court is a lawful complaint for the purpose of prosecution under this act.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-110.

Meaning of “this act.” —

For the definition of “this act,” referred to at the end of this section, see § 23-1-102(a)(xiii).

§ 23-6-108. Record of game and fish cases; report of convictions to department.

Every judge of any court shall keep or cause to be kept a record of every game and fish complaint, game and fish citation, or other legal form of game and fish charge deposited with or presented to the court, and shall keep a record of every official action by the court, including a record of every conviction, forfeiture of bail, judgment of acquittal, and the amount of fine or forfeiture resulting from every such complaint or citation deposited with or presented to the court.
Except as provided in subsection (c) of this section, within ten (10) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of this act, the judge or clerk of the court in which the conviction was had or bail was forfeited, shall forward to the department an abstract of the court record covering the case in which the person was convicted or forfeited bail. The abstract shall be made upon a form furnished by the department and shall include the name and address of the party charged, the number of his game or fish license, if any, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail was forfeited, and the amount of fine, forfeiture or penalty imposed.
Upon implementation of a case management system in a circuit court or district court, the supreme court shall, on behalf of the circuit court or district court, furnish the abstract of the court record required under this section to the department. The abstract furnished under this section shall include the information required in W.S. 7-19-107(k).

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-111; Laws 2004, ch. 42, § 1; 2005, ch. 230, § 1; 2020, ch. 4, § 1.

The 2004 amendment, in (a), deleted “justice of the peace” preceding “judge”; and in (b) deleted “every justice of the peace” preceding “judge.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2005 amendment, inserted “the” before “judge” in the first sentence in subsection (b).

Laws 2005, ch. 230, § 13, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

The 2020 amendment, effective July 1, 2020, substituted “Except as provided in subsection (c) of this section, within ten (10)” for “Within thirty (30),” substituted “an abstract” for “a certified,” and substituted “court record” for “record of the court” in the first sentence of (b).

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in subsection (b), see § 23-1-102(a)(xiii).

Conflicting legislation. —

Laws 2005, ch. 230, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 23-6-109. Search with or without warrant; confiscation and disposition of wildlife.

Any person authorized to enforce the provisions of this act may seize and take into custody any wildlife which has been unlawfully taken or which is unlawfully in possession. Any wildlife so confiscated may be sold to the best advantage and funds received credited to the Wyoming game and fish fund.
Repealed by Laws 2014, ch. 114, § 1.
Any person authorized to enforce the provisions of this act may search with a search warrant any place or property for any wildlife which he may have probable cause to believe was taken or is possessed unlawfully.

History. Laws 1939, ch. 65, § 25; C.S. 1945, § 47-125; W.S. 1957, § 23-24; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-112; 2014, ch. 114, § 1.

The 2014 amendment, effective July 1, 2014, repealed former (b) which read: “Any person authorized to enforce the provisions of this act may search without warrant, any camp, camp outfit, pack, pack outfit, pack animal, motor vehicle, boat, wagon or trailer for any wildlife which he has probable cause to believe was taken or is possessed unlawfully.”

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 23-1-102(a)(xiii).

Constitutionality. —

This section, giving game wardens and deputy wardens the right to search without warrant automobiles for wildlife taken in violation of state law, does not violate art. 1, § 4, Wyo. Const.Gilkison v. State, 404 P.2d 755, 1965 Wyo. LEXIS 150 (Wyo. 1965).

Test of legality of search and seizure. —

In determining the legality of a search and seizure under this section, the crux of the matter is whether or not under the circumstances a man of prudence and caution would have had reason to believe that wildlife taken or possessed in violation of the laws of this state were present in accused's vehicle. Gilkison v. State, 404 P.2d 755, 1965 Wyo. LEXIS 150 (Wyo. 1965).

Where an officer stopped defendant's vehicle based on an agent's request, suppression was not warranted under the Fourth Amendment and the vertical collective knowledge doctrine because the agent had reasonable suspicion that defendant was a felon in possession of a firearm; this section was irrelevant to the analysis because (1) the court relied on the agent's reasonable suspicion rather than the officer's subjective belief that the officer stopped defendant to investigate a hunting violation, and (2) the statute addressed probable cause to search, not probable cause to stop a vehicle. United States v. Whitley, 680 F.3d 1227, 2012 U.S. App. LEXIS 11134 (10th Cir. Wyo. 2012).

The right granted to search without a warrant refers only to “wildlife.” Hamblin v. Arzy, 472 P.2d 933, 1970 Wyo. LEXIS 184 (Wyo. 1970).

Law reviews. —

For note on authority of game wardens to search automobiles without a warrant, see XIII Wyo. L.J. 56 (1958).

§ 23-6-110. Refusal to display proper license prima facie evidence of guilt.

Any person taking any wildlife who fails or refuses upon demand of any person authorized to enforce the provisions of this act to produce his proper license if a license is required for the wildlife taken, is prima facie evidence of taking the particular wildlife without a license.

History. Laws 1939, ch. 65, § 40; C.S. 1945, § 47-213; W.S. 1957, § 23-43; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-113.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

§ 23-6-111. Inspection of premises or records.

The owner or operator of any commercial operation or business permitted under this act shall upon request of any department personnel exhibit the records required to be maintained by the commission and permit inspection of the premises pertaining to the business or operation, during reasonable business hours.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-114.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

Federal pretextual search invalid. —

Federal agent's warrantless search was not a permissible administrative search pursuant to this section, where the presence and active participation of the federal agent during the search of taxidermist's shop, and the federal agent's insistence that the state agent accompany him, established as a matter of law that the federal agent used the state regulatory inspection as a pretext for an investigatory search. United States v. Johnson, 994 F.2d 740, 1993 U.S. App. LEXIS 11507 (10th Cir. Wyo. 1993).

Article 2. Penalties

§ 23-6-201. [Repealed.]

Repealed by Laws 2007, ch. 62, § 2.

Editor's notes. —

This section, which derived from Laws 1973, ch. 249, § 1, defined various degrees of misdemeanors.

§ 23-6-202. Fines and sentences.

Any person who has been convicted of or pleaded guilty to any offense under this act may be fined, sentenced to the county jail, or both, as follows:
1. Repealed by Laws 2007, ch. 62, § 2.
2. Up to ten thousand dollars ($10,000.00) to which may be added imprisonment up to one (1) year when the offense is a high misdemeanor;
3. and (iv) Repealed by Laws 2007, ch. 62, § 2.
4. Up to one thousand dollars ($1,000.00) to which may be added imprisonment up to six (6) months when the offense is a low misdemeanor;
5. through (xi) Repealed by Laws 2007, ch. 62, § 2.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-116; Laws 1981, ch. 169, § 1; 2007, ch. 62, §§ 1, 2.

Cross references. —

For provisions governing the harvest of bighorn sheep and the registration of horns, see § 23-3-117 .

The 2007 amendment, effective July 1, 2007, in (a), substituted “ten thousand dollars ($10,000.00)” for “one thousand dollars ($1,000.00),” and substituted “high” for “2nd degree” in (ii); substituted “one thousand dollars ($1,000.00)” for “seven hundred fifty dollars ($750.00),” substituted “low” for “5th degree” in (v); and repealed (i), (iii), (iv), (vi) through (xi), which related to fines, sentencing and degree of misdemeanor.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

§ 23-6-203. Penalty for violations when no separate penalty provided.

Any person who violates or fails to comply with any provision of this act for which no separate penalty is provided is guilty of a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

History. Laws 1939, ch. 65, § 88; C.S. 1945, § 47-527; W.S. 1957, § 23-5; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-117; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “9th degree misdemeanor.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

§ 23-6-204. Penalty for violations generally.

and (b) Repealed by Laws 1995, ch. 69, § 2.
Any person who takes any remaining wildlife not specified in W.S. 23-3-102(a) or (d) except as permitted by this act and for which no separate penalty is provided is guilty of a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).
In addition to any other penalty imposed under this act, any person who takes any wildlife for competition in any hunting or fishing event at which rewards or prizes are offered as part of the competition and the wildlife is taken in violation of this act is guilty of a misdemeanor subject to a fine of not less than two hundred dollars ($200.00) or two (2) times the amount of the competition reward or prize, whichever is greater.
In addition to the penalties imposed under this section, any person violating this section may be required to make restitution to the state for the value of the wildlife taken in violation of this act, in an amount determined by the court based upon the recommendation of the commission. Amounts collected under this subsection shall be paid to the account within the game and fish fund under W.S. 23-1-501(e).

History. Laws 1939, ch. 65, § 91; C.S. 1945, § 47-532; W.S. 1957, § 23-4; Laws 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-118; Laws 1989, ch. 163, § 1; 1993, ch. 186, § 1; 1995, ch. 69, §§ 1, 2; 2003, ch. 91, § 1; 2007, ch. 62, § 1.

The 2007 amendment, effective July 1, 2007, substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “9th degree misdemeanor” in (c).

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 23-1-102(a)(xiii).

§ 23-6-205. Accessory before or after the fact.

A person who counsels or aids in a violation of any provision of this act or an order of the commission, or knowingly shares in any of the proceeds of the violation by receiving or possessing any wildlife, is guilty of the violation which he counsels or aids, or the proceeds of which he knowingly shares.
In any case where possession, transportation, buying, or selling of wildlife is unlawful solely because the taking was unlawful, the possession, transportation, buying, or selling by a person other than a person guilty of the unlawful taking is punishable only if done with knowledge that the taking was unlawful.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-119.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 23-1-102(a)(xiii).

§ 23-6-206. Revocation of license; hunting after suspended license.

The court may, in its discretion, revoke any license issued under this act to any person convicted of a violation of this act, for the remainder of the year in which the conviction occurs, and may suspend the person’s privilege to purchase or receive any other license under this act, or to take any wildlife for the following time periods provided in paragraphs (i) through (iii) and shall suspend the person’s privilege to purchase or receive any other license under this act for the time period provided in paragraph (iv) of this subsection:
1. Not less than five (5) years for a conviction of any violation under W.S. 23-3-102(d);
2. Up to six (6) years for conviction of a high misdemeanor as provided in W.S. 23-6-202(a)(ii);
3. Up to three (3) years for conviction of a low misdemeanor as provided in W.S. 23-6-202(a)(v);
4. Three (3) years for a conviction of any violation under W.S. 23-2-104(d).
No person whose license has been forfeited or privilege to purchase another license suspended shall procure, purchase, or possess another license during the period of forfeiture or suspension. If the person procures, purchases, or possesses another license during such period, the license is invalid and that person is not entitled to receive another license for up to six (6) years next succeeding the original revocation or suspension period. Violation of this subsection constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
No person whose license has been forfeited or privilege to purchase another license suspended shall take any wildlife prohibited by the court during the period of forfeiture or suspension. If the person takes any wildlife prohibited by the court during such period, that person is not entitled to receive another license for up to six (6) years next succeeding the original revocation or suspension period. Violation of this subsection constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
The court may revoke the privileges of a person convicted of a violation of this act to purchase or receive any license or take any wildlife prohibited by the court until all fines, costs and restitution imposed by the court are satisfied. Any person who violates this subsection shall be punished pursuant to subsection (c) of this section.
“Conviction” means a determination of guilt by any Wyoming court having legal jurisdiction of the offense from which no appeal is legally perfected. Pleas of nolo contendere and forfeitures of bail shall be deemed convictions for the purposes of this act.

History. Laws 1929, ch. 93, § 34; R.S. 1931, § 49-208; C.S. 1945, § 47-536; W.S. 1957, § 23-46; Laws 1969, ch. 62, § 1; 1973, ch. 249, § 1; Rev. W.S. 1957, § 23.1-120; Laws 1989, ch. 163, § 1; 1995, ch. 69, § 1; 2007, ch. 16, § 1; ch. 62, § 1; ch. 194, § 1; 2009, ch. 24, § 1.

The 2007 amendments. —

The first 2007 amendment, by ch. 16, § 1, inserted “or to take any wildlife” in (a); in (b), substituted “up to six (6) years” for “the year,” substituted “original revocation or suspension period” for “year in which a conviction of a violation of this subsection occurs,” and substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “9th degree”; redesignated former (c) as (e) and inserted present (c) and (d).

Laws 2007, ch. 16, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, 8, Wyo. Const. Approved February. 14, 2007.

The second 2007 amendment, by ch. 62, § 1, effective July 1, 2007, in (a), deleted “except for conviction of a 10th or 11th degree misdemeanor” preceding “may suspend” in the introductory language, substituted “high misdemeanor as provided in W.S. 23-6-202(a)(ii)” for “1st degree through 6th degree misdemeanor” in (ii); substituted “low misdemeanor as provided in W.S. 23-6-202(a)(v)” for “7th degree through 9th degree misdemeanor” in (iii); and substituted “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” for “9th degree misdemeanor” in (b).

The third 2007 amendment, by ch. 194, § 1, in (a), deleted “except for conviction of a 10th or 11th degree misdemeanor” preceding “may suspend the person's privilege,” inserted “provided in paragraphs (i) through (iii) and shall suspend the person's privilege to purchase or receive any other license under this act for the time period provided in paragraph (iv) of this subsection”; and added (a)(iv).

Laws 2007, ch. 194, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2007.

This section is set out as reconciled by the Wyoming Legislative Service Office.

The 2009 amendment, effective July 1, 2009, substituted “high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii)” for “low misdemeanor punishable as provided in W.S. 23-6-202(a)(v)” in (b) and (c).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 23-1-102 (a)(xiii).

§ 23-6-207. Revocation of license of commercial operation or business.

The commission may revoke the license of any commercial operation or business for any violation of this act or an order of the commission pertaining to his business or operation. The commission may refuse to issue another license to any person whose license is revoked under this section for any period of time it deems desirable.

History. Laws 1973, ch. 249, § 1; W.S. 1957, § 23.1-121.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 23-1-102(a)(xiii).

Severability. —

Laws 1973, ch. 249, § 4, provides: “If any provision of this act is held to be unconstitutional, such a ruling shall not affect other provisions of the act which can be given effect without the unconstitutional provision; and to this end the provisions of this act are severable.”

§ 23-6-208. Forfeiture of devices and equipment used in taking game illegally; procedure.

Devices and equipment, including any firearm, weapon, ammunition, trap, snare, vessel, motorized vehicle, aircraft, explosive, poisonous substance, electronic device or optical equipment, used in, or in aid of, a violation of W.S. 23-3-102(d) or 23-3-107 may be seized by any law enforcement officer of the state after hearing and upon order issued by the court of original jurisdiction when the value of the devices or equipment is one thousand dollars ($1,000.00) or less or by the district court for the county in which the offense was charged when the value of the devices or equipment is more than one thousand dollars ($1,000.00). Any device or equipment seized under this section shall be forfeited to the state in accordance with W.S. 7-2-105 , provided the device or equipment is not subject to forfeiture under this section by reason of any unlawful act committed without the knowledge or consent of the owner. A device or equipment seized under this section shall not be forfeited as provided under this section until after the person has been convicted under W.S. 23-3-102(d) or 23-3-107 and the time for appeal has expired.

History. Laws 1999, ch. 94, § 1.

Cross references. —

As to authority to seize deadly weapons, see § 7-2-104 .

Article 3. Wildlife Violator Compact

Law reviews. —

For article, “The Endangered Species Act and Private Property,” see XXXII Land & Water L. Rev. 479 (1997).

§ 23-6-301. Short title.

This act shall be known and may be cited as the “Wildlife Violator Compact.”

History. Laws 1996, ch. 24, § 1.

Meaning of “this act.” —

The term “this act” means Laws 1996, ch. 24. The act's provisions are codified as article 3, §§ 23-6-301 through 23-6-304 .

§ 23-6-302. Execution of Compact.

The legislature hereby approves and the governor is authorized to enter into a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:

History. Laws 1996, ch. 24, § 1; 2004, ch. 42, § 1.

Article I Findings, Declaration of Policy, and Purpose

The participating states find that:
1. Wildlife is managed by the respective states for the benefit of all residents and visitors;
2. The protection of the wildlife of a state is materially affected by the degree of compliance with state statutes, laws, regulations, ordinances and administrative rules relating to the management of those resources;
3. The preservation, protection, management and restoration of wildlife contributes immeasurably to the aesthetic, recreational and economic aspects of those natural resources;
4. Wildlife is valuable without regard to political boundaries; therefore, every person should be required to comply with wildlife preservation, protection, management and restoration laws and ordinances and administrative rules and regulations of the participating states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap or possess wildlife as determined by local law;
5. Violation of wildlife laws interferes with the management of wildlife and may endanger the safety of persons and property;
6. The mobility of many wildlife law violators necessitates the maintenance of channels of communication among the various states;
7. In most instances, a person who is cited for a wildlife violation in a state other than his home state:
  1. Is required to post collateral or a bond to secure appearance for a trial at a later date;
  2. Is taken into custody until the collateral or bond is posted; or
  3. Is taken directly to court for an immediate appearance.
8. The purpose of the enforcement practices set forth in paragraph (vii) of this article is to ensure compliance with the terms of a wildlife citation by the cited person who, if permitted to continue on his way after receiving the citation, could return to his home state and disregard his duty under the terms of the citation;
9. In most instances, a person receiving a wildlife citation in his home state is permitted to accept the citation from the officer at the scene of the violation and immediately continue on his way after agreeing or being instructed to comply with the terms of the citation;
10. The practices described in paragraph (vii) of this article cause unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay a fine, and thus is compelled to remain in custody until some alternative arrangement is made; and
11. The enforcement practices described in paragraph (vii) of this article consume an undue amount of law enforcement time.
It is the policy of the participating states to:
1. Promote compliance with the statutes, laws, ordinances, regulations and administrative rules relating to management of wildlife in their respective states;
2. Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and treat the suspension as if it had occurred in their state;
3. Allow a violator, except as provided in subsection (b) of article III, to accept a wildlife citation and, without delay, proceed on his way, whether or not a resident of the state in which the citation was issued, provided that the violator's home state is party to this compact;
4. Report to the appropriate participating state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state;
5. Allow the home state to recognize and treat convictions recorded against its residents, which convictions occurred in a participating state, as though they had occurred in the home state;
6. Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state;
7. Maximize effective use of law enforcement personnel and information; and
8. Assist court systems in the efficient disposition of wildlife violations.
The purpose of this compact is to:
1. Provide a means through which participating states may join in a reciprocal program to effectuate the policies enumerated in subsection (b) of this article in a uniform and orderly manner; and
2. Provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator's right to due process and the sovereign status of a participating state.

Article II Definitions

As used in this compact, unless the context required otherwise:
1. “Citation” means any summons, complaint, summons and complaint, ticket, penalty assessment or other official document issued to a person by a wildlife officer or other peace officer for a wildlife violation which contains an order requiring the person to respond;
2. “Collateral” means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation;
3. “Compliance” with respect to a citation means the act of answering a citation through an appearance in a court or tribunal or through the payment of fines, costs and surcharges, if any;
4. “Conviction” means a conviction, including any court conviction, for any offense related to the preservation, protection, management or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance or administrative rule, and such conviction shall also include the forfeiture of any bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, the payment of a penalty assessment, a plea of nolo contendere and the imposition of a deferred or suspended sentence by the court;
5. “Court” means a court of law, including magistrate's court;
6. “Home state” means the state of primary residence of a person;
7. “Issuing state” means the participating state which issues a wildlife citation to the violator;
8. “License” means any license, permit or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing or taking any wildlife regulated by statute, law, regulation, ordinance or administrative rule of a participating state;
9. “Licensing authority” means the department or division within each participating state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap or possess wildlife;
10. “Participating state” means any state which enacts legislation to become a member of this wildlife compact;
11. “Personal recognizance” means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of the citation;
12. “State” means any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Provinces of Canada and other countries;
13. “Suspension” means any revocation, denial or withdrawal of any or all license privileges, including the privilege to apply for, purchase or exercise the benefits conferred by any license;
14. “Terms of the citation” means those conditions and options expressly stated upon the citation;
15. “Wildlife” means all species of animals including, but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks and crustaceans which are defined as “wildlife” and are protected or otherwise regulated by statute, law, regulation, ordinance or administrative rule in a participating state. Species included in the definition of “wildlife” vary from state to state and determination of whether a species is “wildlife” for the purposes of this compact shall be based on local law;
16. “Wildlife law” means any statute, law, regulation, ordinance or administrative rule developed and enacted for the management of wildlife resources and the uses thereof;
17. “Wildlife officer” means any individual authorized by a participating state to issue a citation for a wildlife violation;
18. “Wildlife violation” means any cited violation of a statute, law, regulation, ordinance or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.

Article III Procedures for Issuing State

When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state and shall not require the person to post collateral to secure appearance, subject to the exceptions noted in subsection (b) of this article, if the officer receives the recognizance of the person that he will comply with the terms of the citation.
Personal recognizance is acceptable:
1. If not prohibited by local law or the compact manual; and
2. If the violator provides adequate proof of identification to the wildlife officer.
Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home state.
Upon receipt of the report of conviction or noncompliance pursuant to subsection (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in form and content as prescribed in the compact manual.

Article IV Procedure for Home State

Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall notify the violator and shall initiate a suspension action in accordance with the home state's suspension procedures and shall suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards shall be accorded.
Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter the conviction in its records and shall treat the conviction as though it occurred in the home state for the purposes of the suspension of license privileges.
The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual.

Article V Reciprocal Recognition of Suspension

All participating states shall recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state.
Each participating state shall communicate suspension information to other participating states in form and content as contained in the compact manual.

Article VI Applicability of Other Laws

Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.

Article VII Compact Administrator Procedures

For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one (1) representative from each of the participating states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each participating state and shall serve and be subject to removal in accordance with the laws of the state he represents. A compact administrator may provide for the discharge of his duties and the performance of his functions as a board member by an alternate. An alternate shall not be entitled to serve unless written notification of his identity has been given to the board.
Each member of the board of compact administrators shall be entitled to one (1) vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor thereof. Action by the board shall be only at a meeting at which a majority of the participating states are represented.
The board shall elect annually from its membership a chairman and vice chairman.
The board shall adopt bylaws not inconsistent with the provisions of this compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.
The board may accept for any of its purposes and functions under this compact any and all donations and grants of monies, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize and dispose of the same.
The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution.
The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in a compact manual.

Article VIII Entry into Compact and Withdrawal

This compact shall become effective at such time as it is adopted in a substantially similar form by two (2) or more states.
Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairman of the board. The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following:
1. A citation of the authority from which the state is empowered to become a party to this compact;
2. An agreement of compliance with the terms and provisions of this compact; and
3. An agreement that compact entry is with all states participating in the compact and with all additional states legally becoming a party to the compact.
The effective date of entry shall be specified by the applying state but shall not be less than sixty (60) days after notice has been given:
1. By the chairman of the board of the compact administrators; or
2. By the secretariat of the board to each participating state that the resolution from the applying state has been received.
A participating state may withdraw from participation in this compact by official written notice to each participating state, but withdrawal shall not become effective until ninety (90) days after the notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal of any state shall affect the validity of this compact as to the remaining participating states.

Article IX Amendments to the Compact

This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of compact administrators and shall be initiated by one (1) or more participating states.
Adoption of an amendment shall require endorsement by all participating states and shall become effective thirty (30) days after the date of the last endorsement.
A participating state shall respond to the compact chairman within one hundred twenty (120) days after receipt of a proposed amendment. Amendments proposed to change local law by the compact administrators shall be reviewed and approved by the legislature.
The 2004 amendment, in Article II(a)(v), deleted “and the justice of the peace court” at the end.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Editor's notes. —

There is no subsection (b) in Article II of this section as it appears in the printed acts.

§ 23-6-303. Licensing authority; definition.

As used in the compact, the term “licensing authority,” with reference to this state, means the Wyoming game and fish department. The director of the department shall furnish to the appropriate authorities of the participating states any information or documents reasonably necessary to facilitate the administration of the compact.

History. Laws 1996, ch. 24, § 1.

§ 23-6-304. Compact administrator; expenses.

The compact administrator provided for in article VII of the “Wildlife Violator Compact” shall not be entitled to any additional compensation for his service as the administrator but shall be entitled to expenses incurred in connection with his duties and responsibilities as the administrator in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment.

History. Laws 1996, ch. 24, § 1.