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Predatory Animal Control
Laws, Rules, and Regulation

                                

For your convenience, all Wyoming predator regulations can be found below. They can also be found on the Wyoming Legislative Services Office site.

CHAPTER 6 - PREDATORY ANIMALS

 ARTICLE 1 - CONTROL GENERALLY

 11-6-101. Permission to eradicate upon refusal of entry by property owner.

 Whenever predatory animals become a menace to livestock owned or controlled by any resident of Wyoming and the owner or lessee of any real estate in the vicinity where the livestock is ranged or pastured refuses permission to the owner of the livestock, his agents or employees, to enter upon the real estate for the purpose of destroying such predatory animals, entry may be obtained as provided by W.S. 11-6-102 and 11-6-103.

 11-6-102. Application to county commissioners; hearing; determination; limitation on use of firearms.

 The owner of the livestock may file a written application with the board of county commissioners of the county where the real estate is located, applying for permission to eradicate predatory animals. If, after giving the owner or lessee an opportunity of a hearing, the county commissioners may grant such permission, but the person receiving the permission shall not use firearms in destroying such animals without first obtaining permission from the owner or lessee of the real estate.

 11-6-103. Liability for damage to property.

 The permission granted shall permit the petitioner to enter upon the real estate but shall not relieve the petitioner from any damages which he inflicts upon any property of the owner or lessee of the real estate.

 11-6-104. Centralized and coordinated rodent and predator control plan authorized; release of information restricted.

             (a) The department may establish and implement a cooperative and coordinated plan for rodent and predator control. It may cooperate with federal agencies in the control of rodents, predatory animals and predacious birds, as defined in W.S. 23-1-101, which are destructive to livestock, game and poultry, or are detrimental to feed and foodstuffs, crops and forage production and human health. The department may promulgate necessary rules and regulations to carry out the purposes of this section.

             (b) Any information regarding the number or nature of rodents or predators legally taken within the state pursuant to this section shall only be released in its aggregate form. The identity of any person legally taking a rodent or predator within this state is solely for the use of the responsible agency or appropriate law enforcement agency, shall not be released without the individual's written consent and is not a public record for purposes of W.S. 16-4-201 through 16-4-205.

11-6-105. Issuance of aerial hunting permits authorized.

The department may issue permits for the aerial hunting of rodents and predators to any person for the protection of livestock, domesticated animals or human life, upon a showing that the person or their designated pilot, along with the aircraft to be utilized in the aerial hunting, have been licensed and qualified in accordance with the requirements of the Wyoming aeronautics commission. The department shall furnish to the game and fish department a list of the names and addresses of the persons to whom they have issued aerial permits. The department may predicate the issuance or retention of such permits upon the recipients' full and prompt disclosure of information as the department may request for submission to the authorities designated in accordance with section 13 of the Fish and Wildlife Act of 1956 or its successor. The department shall collect a fee from each person who has any aircraft permitted under this section on or before April 1 of each year in the amount authorized by W.S. 11-1-104.

11-6-106. Receiving and expending monies for supplies.

The department may receive money for rodent and predator control from the federal government, state appropriations, counties, agencies, boards, associations, commissions, individuals and any other cooperators and may expend such monies to purchase supplies, materials, services, and to employ or contract personnel for rodent and predator control. The department may make such supplies, materials, services and personnel available to cooperators at approximate cost.

11-6-107. Disposition of proceeds.

All predator furs, skins and specimens taken by hunters or trappers whose salaries are paid in full by cooperating agencies, shall be sold and the proceeds returned to the respective predator management district of the county in which the furs, skins or specimens originated. All receipts from sales of materials and services related to predatory animal and rodent control received by the department shall be paid into the state general fund.

11-6-108. Cooperative agreements generally.

The department may enter into cooperative agreements with other governmental agencies, counties, associations, corporations or individuals for carrying out the purposes of W.S. 11-6-104 through 11-6-107.




 

ARTICLE 2 - DISTRICTS AND DISTRICT BOARDS

11-6-201. Creation and designation of districts; state predator management advisory board.

            (a) Each county is created and designated as a predator management district. Each district shall be known as the "Predator Management District of .... County, Wyoming," and it may hold property and be a party to suits and contracts.

            (b) There is created a state predator management advisory board composed of one (1) representative of each predator management district. The state predator management advisory board representative shall be appointed by the individual predator management district boards of directors and so designated in writing.

11-6-202. Administration of districts by district boards; number and qualifications of members; term; filling of vacancies; removal.

            (a) The affairs of each district shall be administered by a board of directors, each of whom shall be a bona fide resident of Wyoming. Directors for the positions identified in paragraphs (i) and (ii) of this subsection shall be elected at an annual meeting of district livestock owners. Directors for the positions identified in paragraphs (iv) and (v) of this subsection shall be appointed as described. The composition of the board shall be as follows:

                        (i) Three (3) directors shall be sheep owners having paid predator management fees on sheep in the district in the year preceding election. At each subsequent annual district meeting one (1) director shall be elected for a three (3) year term. Subject to the provisions of W.S. 11-6-203(a), all sheep owners whether an individual, corporation or partnership, having paid predator management fees on sheep in the district regardless of the domicile of the sheep, are entitled to one (1) vote at the meeting;

                        (ii) Three (3) directors shall be cattle owners having paid predator management fees on cattle in the district in the year preceding election. At each subsequent annual district meeting one (1) director shall be elected for a three (3) year term. Subject to the provisions of W.S. 11-6-203(a), all cattle owners whether an individual, corporation or partnership, having paid predator management fees on cattle in the district regardless of the domicile of the cattle, are entitled to one (1) vote at the meeting; 

                        (iii) If a qualified applicant for a director position identified in paragraph (i) or (ii) of this subsection cannot be found or if no qualified applicant seeks election to the board of directors, then the director position may be filled by an otherwise qualified elector, provided no more than four (4) directors may represent any one (1) species of livestock;

                        (iv) The board of county commissioners shall appoint one (1) director to serve for an initial term of two (2) years and thereafter for three (3) year terms from electors in the county not engaged in raising sheep or cattle. No appointed member may serve for a consecutive period of more than six (6) years;

                        (v) If the board of directors determines state funds are necessary for an effective predator management program to assure the statutory requirements provided in W.S. 11-6-205 are fulfilled and state funds are appropriated and received for that purpose, then three (3) directors representing sportsmen and hunters from the district shall be appointed to the board of directors by the county commissioners serving the local district. Sportsmen and hunter representatives shall be bona fide residents of the district not engaged in raising sheep or cattle and shall hold or have held either a valid Wyoming fishing or hunting license or a Wyoming wildlife damage management stamp within the preceding twelve (12) month period. County commissioners, to the greatest extent practical, shall select sportsmen and hunter representatives to ensure representation from as broad a geographic distribution of the district as possible. The county commissioners shall determine who of the three (3) sportsmen and hunter directors appointed to a board under this paragraph shall serve an initial term of one (1) year, who shall serve an initial term of (2) years and who shall serve a term of three (3) years. Thereafter, each term shall be for three (3) years.

            (b) No director shall continue to hold office after disqualification under any of the provisions of this section. All vacancies on the district board may be filled for unexpired terms by the other directors in office except the public member's and the sportsmen and hunter member's unexpired term shall be filled by board of county commissioners appointment. All members shall hold their offices until their successors are elected and qualified.

            (c) For directors appointed by a board of county commissioners, the county commissioners may remove the director for cause without a public hearing unless the director requests that the action be taken during a public hearing.

11-6-203. Manner of calling annual meeting of predator management districts; when held; election of chairman and secretary.

            (a) The annual meeting of each predator management district shall be held within the first two (2) weeks of December. Any person having paid predator fees in the district within the preceding twelve (12) months shall be entitled to one (1) vote at the annual meeting. Predator fees paid in the name of a business entity may be represented by one (1) representative of the entity paying the fees, provided that the representative is authorized by the entity to vote on behalf of the entity and has provided proof of such written authorization. Proof of payment of predator fees within the district shall only be through a verified copy of a brand inspection certificate which clearly shows that the fees have been paid and the date upon which the fees were paid. No person paying fees within the district shall be entitled to more than one (1) vote at the annual meeting and no proxies shall be allowed. Each board shall:

                        (i) Repealed By Laws 2012, Ch. 46, 2.

                        (ii) Publish a notice stating the time and place of any meeting of the district and that directors of the board representing livestock interests as provided in W.S. 11-6-202(a)(i) and (ii) shall be elected at the meeting. Notice shall be published once in a newspaper of general circulation in the district ten (10) days prior to the date of the meeting;

                        (iii) Set the date of the meeting so as not to conflict with the date of similar meetings held in adjoining districts in order that sheep and cattle owners operating in more than one (1) district may attend and vote in other districts where they are engaged in such business;

                        (iv) Set the annual predatory animal control fee for the district as provided by W.S. 11-6-210(a).

            (b) When assembled in accordance with the provisions of subsection (a) of this section, the sheep and cattle owners shall elect a chairman and secretary who shall act as judges of the election of directors representing livestock interests of the board.

11-6-204. District boards; election and appointment of officers; meetings; quorum; oath; appropriation requests.

At the annual meeting of the district board, following election of directors pursuant to W.S. 11-6-202(a)(i), (ii) and (iv) and upon appointment of directors pursuant to W.S. 11-6-202(a)(v), if applicable, the directors shall organize by choosing from their number a president and vice-president and shall appoint a secretary-treasurer. Subsequent meetings may be called by the president upon reasonable notice. A majority of the board constitutes a quorum for the transaction of business at any board meeting. The members of the board shall receive no compensation for serving as members. Each director shall take an oath for the faithful performance of his duties. If the board determines to request an appropriation of funds from the board of county commissioners, it shall, at least thirty (30) days prior to the time for annual levy of general taxes, notify the board of county commissioners of the amount the district board considers necessary for district operations during the following year.

11-6-205. District boards; duties generally.

            (a) Each predator management district board shall:

                        (i) Exercise general supervision over the control of predatory animals and predacious birds that prey upon and destroy livestock, other domestic animals and wildlife;

                        (ii) Devise and put in operation those methods that best manage or control damage caused by predatory animals or predacious birds;

                        (iii) Administer funds received from predator management fees and from other sources to carry out the predator management program;

                        (iv) Coordinate with affected individuals and entities to develop a comprehensive predator management program for each respective predator management district which addresses livestock, wildlife and public health concerns.

11-6-206. District boards; powers generally.

Each predator management district board may adopt rules and regulations necessary for carrying out the purpose and provisions of this article. Each board may appoint employees and assistants as necessary and fix their compensation. Each board may enter into cooperative agreements with boards of county commissioners, other predator management districts, federal or state agencies or other organizations or associations for the purpose of controlling predatory animals and predacious birds. Each board is authorized to pay bounties for predatory animals and predacious birds.

11-6-207. District boards; record of proceedings and expenditures; monthly warrants issued by county for monies collected.

            (a) The secretary-treasurer of each predator management district shall keep a complete and accurate record of the proceedings of the board.

            (b) All salaries, expenses or bounties shall be paid from the predator management district fund of the district by the secretary-treasurer.

            (c) All expenditures of the district shall be supported by properly approved vouchers and supporting documents in writing signed by the board president and any other director.

            (d) The county treasurer shall issue monthly warrants to the predator management district for all monies collected in the county for the predator management district.

11-6-208. District boards; annual report.

On or before October 1 of each year, the president and secretary-treasurer of each district board and each county treasurer shall make an annual report to their board of county commissioners showing all receipts and disbursement of district funds made by direction of the board during the preceding fiscal year. A report of the receipts, expenditures and financial transactions of the district shall be made as provided by W.S. 9-1-507. The director of the state department of audit may call upon any district board or upon any county treasurer for further information relating to any predator management district.

11-6-209. Annual meetings of predator management boards.

Annual meetings for the election of members of boards of directors of predator management districts shall be called by the president of each board. The meetings shall be called by a notice published in the manner provided by W.S. 11-6-203.

11-6-210. Creation of predator management district fund; predator management fees; donations; appropriation by county commissioners.

            (a) At the time of collecting brand inspection fees imposed under W.S. 11-20-401 and 11-20-402, the brand inspector shall collect predator management fees on all sheep and cattle inspected within each predator management district. However, predator management fees shall not be collected on cattle and sheep shipped into this state for immediate sale or slaughter. The amount of the fee for each predator management district shall be established by each predator management district board in consultation with the state predator management advisory board and shall not exceed one dollar ($1.00) per head on sheep and cattle. The directors elected pursuant to W.S. 11-6-202(a)(i) and (ii) from each predator management district board shall annually determine the predator management fee to be charged and collected in the district taking into consideration comments solicited from the producers present at the district's annual meeting as provided for in W.S. 11-6-203, who have paid predator management fees within the district during the preceding twelve (12) months and shall inform the livestock board of the fee prior to January 1 each year. The fee shall not be collected on the same livestock more than once in any twelve (12) month period. The livestock board may retain not to exceed five percent (5%) of the revenues collected for the actual cost of collecting the predator management fee. Remaining revenues collected by the livestock board under this section shall be remitted to the state treasurer for deposit in an account. The state treasurer, on a quarterly basis, shall distribute the revenues to the county treasurer of the county from which the shipment originated unless, at the time of payment of the fees, the livestock owner designates the fees to be distributed in total to another county in this state in which the livestock are fed or pastured. The county treasurer shall deposit revenues distributed under this subsection into a special continuing fund, to be known as the "Predator Management District Fund of .... County" and to be administered by the predator management board of that district.

            (b) Repealed by Laws 1990, ch. 87,  3.

            (c) Repealed by Laws 1990, ch. 87,  3.

            (d) The district board may receive donations and appropriations of money from any source, and such donations and appropriations shall be placed in the district fund by the county treasurer upon request of the district board. Nothing in W.S. 11-6-201 through 11-6-210 shall be construed to prohibit boards of county commissioners from appropriating funds for the purpose of controlling predatory animals and predacious birds, and such appropriation by boards of county commissioners is authorized.

            (e) Repealed by Laws 1990, ch. 87,  3.

            (f) Notwithstanding subsection (a) of this section, the amount of the annual predator management fee for sheep and cattle shipped into this state for confinement in a commercial feedlot shall not exceed twenty-five cents ($0.25) per head on sheep and cattle. For purposes of this subsection, "commercial feedlot" means any place, establishment or facility commonly known as a feedlot conducted, operated or managed for profit or nonprofit for livestock producers, feeders or market agencies, consisting of pens and their appurtenances, in which livestock are received, held, fed, cared for or kept for sale or shipment in commerce. A pasture, field or other enclosure, fenced or unfenced, shall not be considered a commercial feedlot for purposes of this subsection. The predator management district board shall have the authority to determine if a facility qualifies as a commercial feedlot as defined in this subsection.

            (g) Each predator management district board shall annually allocate five percent (5%) of all predator management fee collections to be used for refunds, in whole or in part. If a refund is requested the board shall pay the refund within one hundred twenty (120) days after the end of the calendar year in which the fee was paid. Refunds under this subsection shall be subject to the following:

                        (i) To be valid, the application for refund shall be received no later than sixty (60) days after the end of the calendar year in which the fee was paid;

                        (ii) No person receiving a refund shall receive any predatory animal control services funded in whole or in part by the predatory animal control fees until that person has paid one hundred fifty percent (150%) of all refunds received during the year in which the services were sought and the three (3) preceding calendar years; and

                        (iii) All monies not paid in refunds shall annually revert to the district predator management account on July 1 of the following year.

            (h) Notwithstanding subsection (a) of this section, no predatory animal control fee shall be collected on livestock shipped or trailed within this state if change of ownership does not occur.  

            (j) Any person failing to pay the predator animal control fee imposed by subsection (a) or (f) of this section shall be punished as provided by W.S. 11-1-103.

            (k) In addition to the other fees imposed by this section, any person paying the predator control fee may pay an additional ten cents ($.10) per head to fund the predator management activities of the Wyoming animal damage management board created by W.S. 11-6-303. Any fees collected pursuant to this subsection shall be deposited in the animal damage management account created by W.S. 11-6-306.

            (m) Repealed By Laws 2012, Ch. 46, 2.

            (n) If a livestock producer requests predator management services from the district board representing the county in which the producer is pasturing or housing livestock, and no predator management fees have been collected from the producer within the previous twelve (12) months, or if the fees have been refunded, the board may charge a service fee to recover reasonable and actual costs of the predator management services provided.

            (o) To be eligible to receive state funds, the district shall assess and collect all available fees on livestock in the district.

 




ARTICLE 3 - WYOMING ANIMAL DAMAGE MANAGEMENT PROGRAM

11-6-301. Short title.

This article may be cited as the "Wyoming animal damage management program".

11-6-302. Definitions.

            (a) As used in this article:

                        (i) "Board" means the Wyoming animal damage management board (ADMB);

                        (ii) "Crop" or "agricultural crop" when not otherwise defined by statute means corn, oats, wheat, barley, flax, sorghums and other grains, potatoes, vegetables, forage legumes, hay, and any other product of cultivation, trees, bees, honey and hives;

                        (iii) "Damage" means any injury to or loss of livestock, agricultural crops or wildlife inflicted by predatory animals, predacious birds or depredating animals;

                        (iv) "Depredating animal" means any trophy game animal or furbearing animal that causes damage;

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

                        (vi) "Livestock" means horses, mules, cattle, swine, sheep, goats, poultry, guard animals or any other animal maintained under domestication. Bison are considered livestock unless otherwise designated by the Wyoming livestock board and the Wyoming game and fish commission;

                        (vii) "Person" means as defined by W.S. 8-1-102(a)(vi);

                        (viii) "Predacious bird" means any predatory avian species that is permitted to be taken under either Wyoming law or federal law;

                        (ix) "Predatory animal" means:

                                    (A) Coyote, jackrabbit, porcupine, raccoon, red fox, skunk or stray cat; and

                                    (B) 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:

                                                (I) Designated as a trophy game animal under W.S. 23-1-101(a)(xii)(B)(I) or (II).

                                                (II) Repealed By Laws 2012, Ch. 25, 2.

                        (x) "Trophy game animal" means:

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

                                    (B) 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:

                                                (I) "Trophy game animal" shall include any gray wolf within those areas where gray wolves are designated as trophy game animals as provided in W.S. 23-1-101(a)(xii)(B)(I) or (II).

                                                (II) Repealed By Laws 2012, Ch. 25, 2.

                        (xi) "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 this state;

                        (xii) "Take" means as defined by W.S. 23-1-102(a)(vii).

(b) Repealed By Laws 2012, Ch. 25, 2.

11-6-303. Animal damage management board (ADMB) created; composition; appointment; terms; vacancies; compensation.

            (a) There is created the animal damage management board for the purposes of mitigating damage caused to livestock, wildlife and crops by predatory animals, predacious birds and depredating animals or for the protection of human health and safety. The board may mitigate damage caused by depredating animals by and through a memorandum of understanding with the Wyoming game and fish commission. The board shall be composed of twelve (12) members appointed by the governor as follows:

                        (i) The director of the Wyoming department of agriculture;

                        (ii) The director of the Wyoming game and fish department;

                        (iii) One (1) domestic sheep producer;

                        (iv) One (1) cattle producer;

                        (v) The state director for the United States department of agriculture, animal and plant health inspection service, wildlife services (USDA/APHIS/WS);

                        (vi) Two (2) members representing the interests of sportsmen, outfitters and hunters, not more than one (1) of these members shall be appointed to represent the interests of outfitters;

                        (vii) The president of the state predator management advisory board created under W.S. 11-6-201;

                        (viii) One (1) member from an urban area;

                        (ix) One (1) member from the Wyoming game and fish commission;

                        (x) One (1) member of the Wyoming board of agriculture; and

                        (xi) One (1) member representing the interests of nonconsumptive users of the state's wildlife resource.

            (b) A representative from the United States forest service (USFS), the United States fish and wildlife service (USFWS) and United States bureau of land management (BLM) shall serve as exofficio nonvoting members of the board.

            (c) The directors of the departments of agriculture and game and fish shall serve as co-chairs of the ADMB and shall give general direction to the ADMB and the ADMB administrative officer.

            (d) The director of the department of agriculture or his designee shall serve as the ADMB's administrative officer and carry out the ADMB's administrative functions.

            (e) Except for the directors of the departments of agriculture and game and fish, the state director for the United States department of agriculture, animal and plant health inspection service, wildlife services (USDA/APHIS/WS), and the president of the state predator management advisory board created under W.S. 11-6-201, the remaining members of the board shall hold office for staggered terms of four (4) years. For the remaining members of the initial board, four (4) members shall be appointed for a term of four (4) years, four (4) members shall be appointed for a term of two (2) years. Each appointed member shall be limited to serving on the board for eight (8) consecutive years, however, a member may be reappointed after a four (4) year absence. Each member shall hold office until his successor is appointed and has been qualified. As terms of current ADMB members expire, the governor shall appoint each new member or reappointed member to a four (4) year term.

            (f) When a vacancy occurs in the membership for any reason, a replacement shall be appointed for the unexpired term.

            (g) Attendance of six (6) members at a duly called meeting shall constitute a quorum for the transaction of official business. The ADMB shall convene at the times and places prescribed by the chair.

            (h) Members of the board who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the established state rate, to be paid from the animal damage management account.

            (j) Members may decline to receive per diem and expenses for their service.

            (k) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the ADMB at the established state rate, to be paid from the animal damage management account.

            (m) State government official and employee members may decline to receive per diem and expenses for their service.

11-6-304. ADMB responsibilities; animal damage management policy; rules; methods to manage predatory animals, predacious birds, depredating animals and rabid wildlife; manner of calling meetings; frequency.

            (a) The ADMB is responsible for the formulation of the damage prevention management policy of the state, and by and through an executed memorandum of understanding (MOU) with the Wyoming game and fish commission is responsible for management of rabid wildlife, crop, livestock and wildlife damage done by depredating animals and wildlife damage by predatory animals and predacious birds. The ADMB in conjunction with its responsibility may, consistent with the Wyoming Administrative Procedure Act adopt rules to implement policies administered by the ADMB. After consultation with the livestock board and the department of health, the ADMB shall promulgate rules pertaining to rabies prevention in wildlife including surveillance, public education, vaccination protocol, post-exposure procedures and quarantines. The ADMB may enter into the agreements with law enforcing agencies to carry out the quarantine provisions. Nothing in this article shall preempt the Wyoming game and fish commission authority to manage wildlife or determine damage pursuant to any provision in title 23.

            (b) In its deliberations the ADMB shall:

                        (i) Entertain requests for assistance in order to allow mitigation of predator damage;

                        (ii) Specify programs designed to prevent damage by predatory animals, rabid wildlife, predacious birds and depredating animals to livestock, agricultural crops, wildlife, property, human health and safety;

                        (iii) Provide various degrees of predatory animal, predacious bird and depredating animal damage management services to individual agricultural livestock and crop producers, landowners, lessors or administrators, and to urban, residential and industrial property owners. Damage management services shall also be provided and conducted for the benefit of wildlife populations and human health and safety;

                        (iv) Specify methods for the prevention and management of damage and for the selective control of predatory animals, rabid wildlife, predacious birds and depredating animals;

                        (v) Maintain responsibility and appropriate funds for the purpose of providing damage prevention and management to agricultural livestock and crops, wildlife, property and human health and safety caused by predatory animals, rabid wildlife, predacious birds and depredating animals;

                        (vi) Cooperate with federal, state and county governments, educational institutions and private persons or organizations to effectuate agricultural and wildlife damage and rabid wildlife prevention policies;

                        (vii) Develop memorandums of understanding between the Wyoming department of agriculture and the Wyoming game and fish commission and the United States department of agriculture, animal and plant health inspection service, wildlife services (USDA/APHIS/WS) to accommodate funding sources and administrative guidelines for the program;

                        (viii) Consider any recommendations received from the Wyoming game and fish commission and the Wyoming department of agriculture.

            (c) The ADMB shall conduct meetings in accordance with its established policy, but shall meet at least once each year in the month of January.

            (d) The ADMB may adopt rules and regulations necessary for carrying out the purpose and provisions of this article. The ADMB may appoint employees and assistants as necessary and fix their compensation. The ADMB may enter into cooperative agreements with boards of county commissioners, predator management districts, federal or state agencies or other commissions, organizations or associations for the purpose of managing predatory animals, rabid wildlife, predacious birds and depredating animals. Predator management district boards which choose not to enter into a cooperative agreement with the ADMB shall not be precluded from continuing with, or entering into, a cooperative agreement or memorandum of understanding with the United States department of agriculture, animal and plant health inspection service, wildlife services (USDA/APHIS/WS), other entities of government, organizations or associations. This act is not intended and shall not replace, rescind, modify nor cancel cooperative agreements or cooperative service agreements between the USDA/APHIS/WS and the county predator management districts created under W.S. 11-6-201 through 11-6-210.

            (e) The ADMB may elect to provide various degrees of predator damage management services to any other person pursuant to a separately negotiated cooperative agreement.

            (f) The board shall investigate, test and refine the concept and practices of integrated predator management. The board shall develop and establish measurable goals and objectives. The board shall report to the governor and the joint agriculture, public lands and water resources interim committee and joint appropriations interim committee on or before November 30 of each year to determine the progress the board has made toward achieving the goals and objectives it has established. The report shall also include actions taken, the accomplishments and state monies expended by each county predator management board participating in state funding.

11-6-305. Wyoming animal damage management board funding; sources; methods of collection.

            (a) Repealed by Laws 2020, ch. 48, § 2.

            (b) Repealed by Laws 2020, ch. 48,

            (c) The ADMB may receive money for predatory animal, predacious bird and depredating animal management from the federal government, state appropriations, counties, agencies, boards, associations, commissions, individuals and any other cooperators, and may expend monies to purchase supplies, materials, services, and to employ or contract personnel for predatory animal, predacious bird and depredating animal damage management. The ADMB may make supplies, materials, services and personnel available to cooperators at approximate cost.

11-6-306. Animal damage management account.

            (a) There is created the animal damage management account.

            (b) Money received under W.S. 11-6-305 shall be deposited by the state treasurer in the animal damage management account to be appropriated for the purposes provided in this article.

            (c) Any supplemental contributions received by the department from livestock owners for predatory animal, predacious bird or depredating animal damage management programs or the prevention and management of rabid wildlife shall be deposited into the animal damage management account.

            (d) The animal damage management account shall be administered for the ADMB by the Wyoming department of agriculture.

11-6-307. Board to request funding from game and fish commission.

The board shall annually request two hundred thousand dollars ($200,000.00) from the Wyoming game and fish commission. These funds shall be expended for wildlife priorities. The game and fish commission may provide recommendations to the board regarding expenditure of these fund. Priority shall be given to projects that directly involve predator control that will have the greatest benefit to wildlife or will reduce the cost to the department for animal damage payments.

11-6-308. District boards; relation to ADMB; duties generally.

            (a) Each predator management district board shall:

                        (i) Exercise general supervision in determining local priorities for the management of predatory animals and predacious birds that prey upon and destroy livestock, other domestic animals, wildlife and crops;

                        (ii) Devise and put in operation those methods that best manage predatory animals and predacious birds;

                        (iii) Administer funds received to carry out the animal damage management program;

                        (iv) Maintain existing financial and physical resources;

                        (v) Provide input to the ADMB.

11-6-309. Predator management district participation with the ADMB.

            (a) Except as provided in subsection (b) of this section, if the predator management district has elected to participate in providing funding or upon approval of the ADMB, other in-kind resources, to the animal damage management account, the district may solicit funds or receive services from the ADMB under separate negotiated agreement. Two (2) or more districts may jointly solicit funds or receive services from the ADMB for purposes of this section.

            (b) Whether or not a predator management district has elected to participate in providing funding to the animal damage management account, the district may solicit funds or receive services from the ADMB for control of gray wolves designated as predatory animals.

            (c) In any area of the state not under the jurisdiction of a county predatory animal board, eligible applicants for funds appropriated to the animal damage management board for the purpose of controlling wolves designated as predatory animals include state or county agencies.

11-6-310. Applicability of chapter.

This article, unless contrary to federal law, shall apply to all federal, state and private lands.

11-6-311. Exemptions.

The state predator management advisory board or the ADMB may exempt persons from payment of the imposed fees when the respective board determines that livestock as defined in this act are permanently confined within pens or corrals within incorporated city limits where animal damage control activity by state or federal agencies is prohibited or severely restricted.

11-6-312. Cooperative agreements generally.

The ADMB may enter into cooperative agreements with other governmental agencies, counties, associations, corporations or individuals for carrying out the purposes of this article.

11-6-313. Repealed By Laws 2008, Ch. 39, 1.

Wyoming Animal Damage Management Board

Chapter 1

Regulations Governing the Granting of

Predator Management Program Funds

             Section 1. Authority. Pursuant to authority vested in the Wyoming Animal Damage Management Board (ADMB) in W.S. § 11-6-304(d) the following regulations are hereby promulgated and adopted.

            Section 2. Purpose of rules. These rules govern the distribution of funding appropriated by the Wyoming state legislature through the ADMB to the county Predator Management Districts (PMD) created by W.S. § 11-6-201.

            Section 3. Definitions. For the purpose of this regulation, definitions shall be as set forth in Title 11, Wyoming Statutes and the board also adopts the following definitions:

(a) “Animal Damage Management Board or ADMB” means the statutorily created board under W.S. § 11-6-303.

(b) “Annual Report” means the final documentation the district must provide at the end of the state fiscal year (June 30).

(c) “Assess” means to fix or determine the amount and to impose a tax or other charge on.

(d) “Audit” means the unbiased examination and evaluation of the records, financial accounts, and financial statements of the district to verify their accuracy. The audit shall be performed in compliance with the State of Wyoming - Department of Audit, W.S. § 9-1-507(a)(iii) and Dept. of Audit Chapter 6 rules for special districts.

(e) “Budget” means an itemized summary of estimated or intended income and expenditures for a given period. For the purposes of this rule, the budget shall be compiled for the state fiscal year of July 1 – June 30.

(f) “Capital Equipment” means tangible equipment purchased for long term use by the district. For the purposes of these rules, capital equipment is a single piece of equipment and necessary attachments with a cost of more than $1,000.00 (one thousand dollars).

(g) “Collect” means to receive or compel payment of.

(h) “Commercial Feedlot" means any place, establishment or facility commonly known as a feedlot conducted, operated or managed for profit or nonprofit for livestock producers, feeders or market agencies, consisting of pens and their appurtenances, in which livestock are received, held, fed, cared for or kept for sale or shipment in commerce.

(i) “District” means a predator management district created under W.S. § 11-6-201(a).

(j) “District Board” means the board of directors of a district created under W.S. § 11-6-202.

(k) “Encumbered Funds” means those funds which have been obligated for use by contract or invoice.

(l) “Financial Statement” means a compilation of a district’s financial status. Such records shall include a balance sheet (statement of financial position), an income statement (income and expenditure statement), a cash flow statement, and supplementary notes and recorded significant financial management decisions.

(m) “Grant Application ” means the form and documents with which a request is made for funding. The form will be prescribed and distributed by the ADMB.

(n) “Management Plan” means a proposed or tentative course of action, including programs or policies stipulating the proposed service and expected benefits.

(o) “Predacious Bird” means any predatory avian species that is permitted to be taken under either Wyoming law or federal law.

(p) “Predatory Animal” means coyote, jackrabbit, porcupine, raccoon, red fox, skunk or stray cat; and gray wolf as allowed by law.

(q) “Standard Budget” means an annual or biennial request for funding from a district that provides for a base level of funding for general operational needs of the district.

            Section 4. Applicability of rules. These rules shall only apply to districts that solicit or receive grant funding from the ADMB under the program as outlined in these rules.

 (a) No state funds awarded to a district by the ADMB shall be used to satisfy debt existing prior to the effective date of these rules.

            Section 5. Qualifications for funding. To qualify for funding under these rules, the district shall:

(a) Submit the following to the ADMB:

 (i) Proof of compliance with W.S. § 11-6-202(a)(v).

(ii) Completed grant application on a form prescribed by the ADMB

(iii) Budget

(iv) Management Plan

(v) Financial Statement

(vi) Proof of having assessed and collected all available funds as required by W.S. § 11-6-210(o)

 (A) Each district, in accordance with W.S. § 11-6-210(f) shall determine which facilities meet the definition of a commercial feedlot.

 (B) Each district shall establish a method by which assessment, billing and collection for goats may be conducted.

(vii) Report stating the accomplishments or actions relative to the prior year’s management plan. The requirement shall only pertain to districts that have previously received state funds under these rules.

(b) In addition, the district shall assure that:

(i) It is in compliance with applicable Wyoming statutes; and

(ii) All agreements with the ADMB are current or satisfied.

            Section 6. Funding Distribution. Funding shall be applied for and justified through the grant application process as follows:

An initial standard budget of $50,000.00 shall be awarded by the ADMB to each qualified district whose application has been approved by the ADMB prior to May1, 2007.

The application must be received by the ADMB prior to April 1, 2007.

Thereafter, the ADMB shall annually establish a standard budget amount that shall be provided to all qualified districts with an application submitted prior to April 1.

(i) Additional funds, including but not limited to operational expenses and capital purchases, may be applied for by the grant application and justified in the management plan and budget.

A maximum of ten percent (10%) of the standard budget may be used to purchase capital equipment.

(i) Additional funds, including but not limited to operational expenses and capital purchases, may be applied for by the grant application and justified in the management plan and budget.

            Section 7. Grant Applications. The grant application form shall be developed by the ADMB in accordance with the requirements of this regulation. The ADMB shall make a grant application form available to all districts.

(a) A district requesting grant funds shall submit a new grant application, budget and management plan no later than the date specified on the initial grant application and not later than April 1 of future years.

            Section 8. Financial Records. The district shall provide a budget with the grant application. A standardized form will be provided by ADMB.

The budget shall show all proposed income and expenses of the district.

The budget shall be accompanied by the district’s current financial statement.

(c) Audit Reports as required by W.S. § 9-1-507(a)(iii) and Chapter 6 rules for special districts shall be submitted to the State Department of Audit and a copy to the ADMB.

            Section 9. Management Plan. The district shall include a management plan with the grant application. The management plan shall provide details of the proposed action and the expected results.

The management plan shall address the following, as applicable for the district or funding requested:

Wildlife issues and goals

Livestock issues and goals

Pre- and post-work monitoring

Partnerships and cooperative agreements required to accomplish the management plan.

The criteria shall include but not be limited to the cost of full-time and part-time trappers and the cost of fixed wing aircraft and helicopters, for predator management for livestock and wildlife.

Human health and safety issues.

            Section 10. Reporting. The district shall submit an annual report, due to the ADMB, 2219 Carey Avenue, Cheyenne, WY 82002 by no later than July 1st of each year. This report should be relative to the current fiscal year.

The annual report shall contain the following:

Actions taken.

Identifiable and measurable results.

Grant monies expended.

Current financial statement.

Most recent audit report .

Supplemental reports may be requested by the ADMB on any identified and targeted management or site specific projects, at the time funding is provided to the district to carry out such projects.

            Section 11. Loss of eligibility. Any district that does not comply with all provisions of these rules shall not be eligible for additional grant funding until they have documented correction of all compliance deficiencies to the satisfaction of the ADMB. Districts that demonstrate correction of all deficiencies may submit a grant application for funding consideration for the next fiscal year.

            Section 12. Authority to determine funding amounts. In all cases, the ADMB retains the authority to allocate funding to qualified districts in the amount determined by the ADMB to carry out the intent of W.S. § 11-6-201.

            Section 13. Savings Clause. If any provision of this regulation is held to be illegal or unconstitutional, such a ruling shall not affect the other provisions of this regulation which can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of this regulation are severable.

Wyoming Animal Damage Management Board

Chapter 2

Regulations Governing the Granting of

Wolf Management Program Funds

             Section 1. Authority.  Pursuant to authority vested in the Animal Damage Management Board by W.S. § 11-6-304, the following regulations are hereby promulgated and adopted.

            Section 2. Regulation. The Wyoming Animal Damage Management Board (ADMB) adopts  the following regulation governing the distribution of funding appropriated by the Wyoming state legislature for emergency wolf management for the control of gray wolves in Wyoming where designated as a predatory animal.  The gray wolf is designated as a predatory animal as defined in W.S. §11-6-302(a)(ix)(B) and W.S. §23-1-101(a)(viii)(B) except in:

            (a) Those areas where gray wolves are designated as trophy game animals by W.S. §23-1-101 (a)(xii)(B)(I) and (II), and

            (b) Yellowstone National Park; and,

            (c) The Wind River Reservation, except on non-Indian owned fee titled lands.

            Section 3. Definitions. For the purpose of this regulation, the definitions set forth in Title 11 of the Wyoming Statutes apply unless the context or subject matter clearly requires a different interpretation.  The following definitions are adopted:

            (a) “District” means a predator management district created under W.S. § 116-201(a).

            (b) “District Board” means the board of directors of a district created under W.S. § 11-6-202

            (c) “USDA/APHIS/Wildlife Services or WS” means the federal agency that provides predator management in Wyoming.

            (d) “WDA” means the Wyoming Department of Agriculture

            (e) "Director" means the Director of the Department of Agriculture for the state of Wyoming or his designated representative

            (f) “Qualified agent or agent” means an individual, company, or organization that can provide necessary service and equipment for managing gray wolves.

            Section 4. Applicability of Rules.  These rules shall apply to all Districts in Wyoming, whether or not they solicit or receive grant funding from the WDA under any other program.  These rules do not preclude any District from performing wolf management work, using its existing personnel at the district’s expense.     

            Section 5. Qualifications for Funding.  To qualify for funding under these rules,

            (a) A livestock owner, whose livestock has been injured or killed in an area in Wyoming where the gray wolf is designated as a predatory animal, and who suspects the injury or kill is from a gray wolf must:

                        (i) Contact USDA/APHIS/Wildlife Services (WS), or another qualified agent approved by the Director, to verify that the livestock loss or injury was due to wolf depredation; and         

                        (ii) If the livestock loss or injury is due to wolf depredation, contact the WDA Predator Management Coordinator to request assistance in managing the depredating wolf problem.

            (b) The WDA Predator Management Coordinator will then contact WS, or another qualified agent approved by the Director, for assistance in managing the depredating wolf problem.  The WDA Predator Management Coordinator will also contact the Predator Management District President or Vice President to notify them of wolf activity in their district.

            (c) Through an established Memorandum of Understanding (agreement) between the ADMB and WS, or contract between the ADMB and another qualified agent approved by the Director, WS or the agent will assist the livestock owner, for a reasonable amount of time as agreed upon between WS, or the agent and the livestock owner at the time when WS, or the agent’s, assistance is requested.  WS or the agent will provide an invoice to the WDA for the services provided to the livestock owner. 

            (d) Assistance in wolf management may be requested for human health and safety issues and the Director may grant funding for such assistance at his discretion.

            Section 6. Funding Distribution.  An invoice from WS or agent providing wolf management assistance shall be submitted to the WDA to request wolf management funds.

            (a) Initial funding shall be available for payments for wolf management.  Any balance left over after the first year shall roll forward into the second year.

            (b) Thereafter, the WDA may annually establish a budget amount that shall be provided to reimburse, WS or approved agents of wolf management service.

            Section 7. Authority to Determine Funding Amounts.   In all cases, the WDA retains the authority to allocate funding to providers of wolf management assistance in the amount determined by the WDA.

            Section 8. Savings Clause.  If any provision of this regulation shall be held to be illegal or unconstitutional, such a ruling shall not affect other provisions of this regulation which can be given effect without that provision; and, to this end, the provisions of this regulation shall be severable.

Wyoming Animal Damage Management Board

Chapter 65

Gray Wolf Depredation Compensation Program Regulations

 

 

 

Section 1.                Authority. Pursuant to the 2023 Session Laws, Chapter 98, the following regulations are promulgated.

 

Section 2.                Definitions.

 

(a)               Claim form” means the Department’s Gray Wolf Animal Damage Claim Affidavit.

 

(b)              Claimant” means any landowner, lessee, or agent who submits an application for compensation for livestock that has been damaged or killed by a gray wolf.

 

(c)               Consequential damages” means damage, loss, or injury that does not flow directly and immediately from the act of the gray wolf, but only from some of the consequences or results of such act, including future or anticipated production, sentimental value, and labor or equipment costs to remove damaged property.

 

(d)              “Damage” means any injury or loss to livestock inflicted by a gray wolf in an area of the state where gray wolves are classified as predatory animals.

                        (e)               Department” means the Wyoming Department of Agriculture.

(f)               “Gray wolf” means the gray wolf where it is designated as a predatory animal as set forth in W.S. 11-6-302(a)(ix)(B).

 

(g)              “Livestock” has the meaning set forth in W.S. 23-1-102(a)(xvi).

 

(h)              “More likely than not” means evidence reasonably tending to support the conclusion. Evidence that is competent, relevant, material and which to a rational and impartial mind naturally leads, or involuntarily leads to conclusion for which there is valid, just, and reasonable substantiation.

 

(i)                WS means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services.

 

Section 3.                Qualifications for Consideration. To be eligible for potential compensation, a claimant must notify the Department by phone that damage to livestock has occurred and suspect that it was caused by gray wolves. Following this notification, the Department will dispatch an investigator from WS or the Wyoming Game and Fish Department to determine whether the damage was more likely than not caused by gray wolves. If the damage was more likely than not caused by gray wolves, the claimant must report the damage to the Department by submitting a depredation investigative report completed by the WS or Wyoming Game and Fish Department investigator as soon as possible but no later than 15 days after discovery of the damage. The Department shall only consider complete applications submitted no later than 60 consecutive days after the damage ended or the last damage was discovered. A complete application consists of the following documents:

 

(a)               A completed claim form;

 

            (b)              A copy of the depredation investigative report from the WS or Wyoming Game and Fish Department investigator for each gray wolf depredation incident that confirms that the livestock damage was more likely than not caused by a gray wolf;

                        (c)               The documents supporting the value determination of the damage, such as:

                         (i)                The fair market value for like livestock at a rate substantiated by a livestock sale barn on the date of damage; or

                                     (ii)              For young of the year livestock, the fair market value for like livestock at the weaning weight substantiated by a livestock sale barn; or

                                     (iii)            Other credible written valuation of the livestock; and

            (d)              Any additional supporting documents the claimant may wish to submit.

                         Section 4.                Available Funding and Distribution.

(a)               The Department will allocate available funds into five time periods. The first time period is from July 1, 2023, through June 30, 2024. The second time period is from July 1, 2024, through June 30, 2025. The third time period is from July 1, 2025, through June 30, 2026. The fourth time period is from July 1, 2026, through June 30, 2027. The fifth time period is from July 1, 2027, through June 30, 2028. The Department shall receive applications during those five time periods. Budget reductions may reduce or eliminate available funds for one or all time periods.

(b)              If the Department employs or contracts personnel to assist in administering and investigating claims for damages, the costs for personnel fees shall be deducted from the total funds available prior to paying any compensation to claimants.

(c)               Within ten days after the end of each time period established by this Section, the Department shall review each application and determine if the application is complete and accurate. If the Department determines that the application is complete and accurate, it is a verified claim and eligible for compensation. If the Department determines that an application is complete but partially inaccurate, he may either verify the accurate portion and strike the inaccurate portion of the application or deny the application. Within 90 days after the end of each period, the Department shall total all verified claims and process them for payment subject to availability of funds.

(d)              If the total verified claims and personnel fees in the first period are less than or equal to the amount of funds available for that period, then the Department shall pay all verified claims in full. Any leftover funds shall rollover and be available for distribution in the next period. If the total verified claims and personnel fees in any period exceed the amount available for that period, then the Department officer shall first deduct the personnel fees and then prorate payments of the remaining funds according to the total number of verified claims received in that period.

Section 5.                Denial of Claims. The Department shall deny all or any part of a claim if: 

(a)               The application contains materially false or inaccurate information.

(b)              The incident on which the application is based occurred on property where a gray wolf is not defined as a predatory animal as set forth in W.S. 11-6-302(a)(ix)(B).

(c)               The claimant did not present a completed application with all required information to the Department within 60 days after the damage or last item of damage was discovered by the claimant.

(d)              The claim was for consequential damages.

(e)               The dollar amount claimed exceeds the value of the livestock that were damaged.

The claimant submitted a claim for compensation for the same damaged livestock to the Wyoming Game and Fish Department.

 

 

 




 

CHAPTER 14- PREDATORY ANIMAL CONTROL REGULATIONS

 

Section 1.        Authority. These regulations are promulgated in accordance with the authority provided in Wyoming Statutes §§ 11-6-104 and 11-6-105.

 

Section 2.        Aerial Hunting Prohibition and Exceptions.

 

(a)                The Federal Airborne Hunting Act, 16 U.S.C. § 742j-1, prohibits aerial hunting and harassing of birds, fish, or other animals with certain exceptions.

 

(b)               Exceptions.

 

(i)                 The Airborne Hunting Act allows aerial hunting by persons who are acting within the scope of their official duties as an employee or authorized agent of a state or the United States to administer or protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops. The Department recognizes this exception and does not require those persons to obtain a permit from the Department.

 

(ii)               The Airborne Hunting Act and related federal regulations also provide that a state may issue permits to persons to engage in aerial hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, livestock, domesticated animals, human life, or crops, but not for the purpose of sport hunting. Except for the persons described in Section 2(b)(i), any person who seeks to engage in aerial hunting or harassing of rodents and predators must first obtain a permit from the Department.

 

Section 3.        State Permits.

 

(a)                                  The Department will issue an aerial hunting permit to an applicant who:

 

(i)                                     Meets the requirements of these regulations;

 

(ii)                                  Submits a district approval form, provided by the Department, for each predator management district over which the applicant plans to conduct aerial hunting that is signed by either the president, vice president, or secretary-treasurer of the district’s board;

 

(iii)                               Completes and submits the appropriate permit application; and

 

(iv)                              Submits the fee established in W.S. § 11-1-104(b)(i).

 

(b)                                 Each predator management district board should regularly review applicant approvals and denials when it holds a meeting, and when it does, shall note in its meeting minutes:

 

(i)                                     The name of all applicants who have sought approval from one of the board members since the last board meeting when applicant approvals and denials were reviewed;

(ii)                                  Whether each applicant was approved; and

 

(iii)                               If approved, the name of the board officer who signed the district approval form.

 

(c)                Types of aerial hunting permits.

 

(i)                 Aircraft permits. All aircraft that are used to hunt or harass rodents or predators must have a valid aircraft permit attached within the aircraft’s cabin or within the physical possession of the pilot operating the aircraft.

 

(ii)               Pilot permits. A valid pilot permit must be in the physical possession of any person who pilots an aircraft used to hunt or harass rodents or predators.

 

(iii)             Gunner permits. A valid gunner permit must be in the physical possession of any person who shoots at rodents or predators while airborne.

 

(d)               Permit requirements and limitations.

 

(i)                 After receiving a permit, a permittee who intends to conduct aerial hunting in an additional predator management district must submit to the Department a district approval form signed by either the president, vice president, or secretary-treasurer of that district’s board. No fee is required for submittal of additional district approval forms. The permittee may not conduct aerial hunting in an additional district until the permittee receives from the Department written confirmation of receipt and verification of the signed district approval form.

 

(ii)               A pilot or gunner permittee must produce a permit upon the request of any state law enforcement officer or any federal law enforcement officer who is authorized to enforce the Airborne Hunting Act.

 

(iii)             No person shall conduct aerial hunting over private property unless the pilot permittee has physical possession of written permission of the owner or person in charge of the property.

 

(iv)             A pilot permittee must produce written permission from the owner or person in charge of private property upon request of any state law enforcement officer or any federal law enforcement officer who is authorized to enforce the Airborne Hunting Act.

 

(v)               Prior to conducting aerial hunting over federal lands, pilot permittees shall notify the appropriate federal land management agency of the area to be flown over.

 

(vi)             State aerial hunting permits do not supersede or authorize the violation of any applicable trespass laws or regulations.

 

(vii)           Unless revoked, permits are valid for up to one year and must be renewed on or before April 1 of each year by following the requirements in Section 3(a).

 

(viii)         The pilot permittee must complete and submit by the fifth day of each month a monthly report to the Department on the Department’s form unless the pilot permittee did not conduct aerial hunting during the previous month.

 

Section 4.        Denial of Permits.

 

(a)                The Department may deny a permit application if:

 

(i)                 The applicant has forged a signature on a district approval form;

 

(ii)               The applicant failed to submit the required fee;

 

(iii)             The applicant failed to submit a correct and complete application or district approval form;

 

(iv)             The applicant has been convicted of violating any state game and fish law, any other law involving trespass while engaged in aerial hunting, or the Airborne Hunting Act, 16 U.S.C. § 742j-1; or

 

(v)               The applicant has violated these regulations.

 

(b)               An applicant denied a permit under Section 4(a)(i), (iv), or (v) will be ineligible for a permit for one year from the date of denial for a first offense and for five years from the date of denial for a subsequent offense.

 

(c)                If the Department denies a permit application, the Department shall provide the applicant with a notice that includes:

 

(i)                 The reasons for the denial and citations to the applicable provisions of these regulations;

(ii)               The actions, if any, that the applicant must take to qualify for a permit;

 

(iii)             That the applicant may request a hearing by submitting a request to the Department within 20 days of receiving the notice;

 

(iv)             The name and address of the Department representative to whom a request for hearing may be made;

 

(v)               That if a hearing is requested, the hearing shall be conducted by a hearing officer in accordance with the Wyoming Administrative Procedure Act, W.S. § 16-3-107 through -115, and the Department’s Rules of Practice and Procedure for Contested Case Hearings; and

 

(vi)             That the permittee may appear in person or by counsel licensed to practice law in the State of Wyoming.

 

(d)               If the applicant wants a hearing to contest the denial, the applicant must request a hearing within 20 days of receiving the notice.

 

(e)                If a hearing is requested, the Department shall schedule a time and place for the hearing.

 

(f)                The Department shall notify the applicant of the time, date, and place of the hearing at least seven days before the hearing date.

 

(g)               If prior to the hearing the applicant corrects the deficiencies and all other permit requirements have been met, the Department may issue a permit and cancel the hearing.

 

(h)               The Department shall send all notices in this section by certified mail, return receipt requested.

 

Section 5.        Revocation of Permits.

 

(a)                                  The Department may revoke all permits held by any person if:

 

(i)                 The permittee has forged a signature on a district approval form or made a materially false statement on a report;

 

(ii)               The permittee failed to submit a complete report in accordance with Section 3(d)(viii);

 

(iii)             The permittee has been convicted of violating any state game and fish law, any other law involving trespass while engaged in aerial hunting, or the Airborne Hunting Act, 16 U.S.C. § 742j-1; or

 

(iv)             The permittee has violated these regulations.

 

(b)               A permittee who has a permit revoked pursuant to Section 5(a)(i), (iii), or (iv) will be ineligible for a permit for one year from the date of revocation for a first offense and for five years from the date of revocation for a subsequent offense.

 

(c)                If the Department decides to revoke a permit, the Department will provide the permittee with a revocation notice, which must state:

 

(i)                 That the permit shall be revoked 20 days after mailing of the revocation notice unless a contested case hearing is requested;

 

(ii)               The reasons for revocation and citations to the applicable provisions of these regulations;

 

(iii)             That the permittee may request a hearing by submitting a request to the Department within 20 days of the receipt of the notice of revocation;

 

(iv)             The name and address of the Department representative to whom a request for a hearing may be made;

 

(v)               That if a hearing is requested, the hearing shall be conducted by a hearing officer in accordance with the Wyoming Administrative Procedure Act, W.S. § 16-3-107 through -115, and the Department’s Rules of Practice and Procedure for Contested Case Hearings; and

 

(vi)             That the permittee may appear in person or by counsel licensed to practice law in the State of Wyoming.

 

(d)               The Department shall send all notices in this section by certified mail, return receipt requested.

 

Section 6.        Hearings and Appeals.

 

(a)        All hearings provided for in these regulations shall be conducted in accordance with the Wyoming Administrative Procedure Act and the Department’s Rules of Practice and Procedure for Contested Case Hearings.

 

(b)        Appeal from any final order of the Department may be made as provided by the Wyoming Administrative Procedure Act.

 




 

CHAPTER 25- RABIES PREVENTION IN WILDLIFE

Section 1. Introduction and Authority.

            (a.) Pursuant to authority as required by W.S. 11-6-304 in the Animal Damage Management Board, the Animal Damage Management Board after consultation with the Livestock Board and the Department of Health, shall promulgate rules pertaining to rabies prevention in wildlife including surveillance, public education, vaccination protocol, post-exposure procedures and quarantines.

             (b.) Nothing in these rules shall preempt the Wyoming Game and Fish Commission authority to manage wildlife or determine damage pursuant to any provision in title 23 of the Wyoming Statutes.

Section 2. Definitions.

            (a) The following definitions apply to these rules.

                        (i) “Board or ADMB” shall mean the Wyoming Animal Damage Management Board.

                        (ii) “Domesticated wild animal” means a wild or hybrid animal that is confined or controlled by a human and for which the rabies incubation and viral shed time are unknown.

                        (iii) “Owner” shall mean legal owner of animal(s), or the owner’s agent, or the person in possession of or caring for such animal(s).

                        (iv) “Person” shall include an individual, partnership, corporation, joint stock company, or any other association or entity, public or private.

                        (v) “Pet” means an animal for which there is a licensed Rabies vaccine and which is ordinarily maintained in the home of the owner.

                        (vi) “Positive Rabies case” means an animal diagnosed as positive for rabies.

                        (vii) “Rabies specimen” means that part of an animal or an entire animal submitted for rabies examination.

                        (viii) “Rabies Suspect” means an animal showing signs suggestive of Rabies.

                        (ix) “Under the supervision of a veterinarian” means that a veterinarian is on the premises and is responsible for the Rabies vaccination.

                        (x) “Vaccinated” means an animal immunized for Rabies.

                        (xi) “Veterinarian” means a graduate of an accredited college of veterinary medicine and licensed to practice veterinary medicine in the state in which he practices.

                        (xii) “Wild animal” means a nonhuman terrestrial mammal or a bat that is wild by nature or feral.

Section 3. Wyoming Rabies Management Plan

            (a.) In order to meet the intent of the established statutes and regulations, the ADMB shall develop and implement a Wyoming Rabies Management Plan. The plan shall be reviewed annually and should cover areas statutorily defined below:

                        (i.) surveillance

                        (ii.) public education & prevention

                        (iii.) vaccination protocol

                        (iv.) post-exposure procedures and quarantines

                        (v.) entering into agreements with law enforcement agencies to carry out quarantine provisions

Section 4. Creation of rabies districts.

            (a.) Pursuant to authority vested to the County Commissioners by virtue of W.S. 11 -31 -212.

                        (i.) The board of County Commissioners of any county may establish a rabies control district by resolution when in the judgment of the board of County Commissioners and the county health officer a district is necessary. The resolution shall designate the boundaries of the district, which may include any incorporated city or town, and shall identify the district by name.

                        (ii.) The resolution creating the rabies control district shall be published at least once a week for two (2) successive weeks in a newspaper of general circulation in the county wherein the district is located.

                        (iii.) The resolution creating rabies districts may address the following:

                                    1. District boundaries.25-3

                                    2. Duration of time for which the district will exist.

                                    3. Protocols for domestic animal/pet vaccination requirements.

                                    4. Law enforcement responsibilities.

                                    5. Enforcement and penalties.

                                    6. District cooperators and lead contact.

            (b.) The ADMB shall recognize the creation of a rabies district as the defining factor in initiating a rabies management program as outlined in the Wyoming Rabies Management Plan. The ADMB may enter into a cooperative agreements with the rabies control districts and structure locally supervised management strategies based upon available and cooperative resources.

Section 5. Public education and prevention.

            (a.) The ADMB shall within allocated resources, conduct a public education and prevention program as required by statute and outlined in the Wyoming Rabies Management Plan.

Section 6. Relationship with the Livestock Board, Department of Health, and State Veterinary Laboratory

            (a.) The ADMB shall consult with the Wyoming Livestock Board, the Wyoming Department of Health and the Wyoming State Veterinary Laboratory in its deliberations regarding the implementation of the Wyoming Rabies Management Plan.

            (b.) Wyoming Livestock Board. The Wyoming Livestock Board is responsible for the management of rabies within the domestic livestock/animal industries. Nothing in this article shall preempt the Wyoming Livestock Board authority to manage domestic livestock or animals pursuant to any provision in title 11 of Wyoming Statutes.

            (c.) Wyoming Department of Health. The Wyoming Department of Health is responsible for the management of human health issues and diseases. Nothing in this article shall preempt the Wyoming Department of Health authority to manage human health issues and diseases pursuant to any provision in title 35 of Wyoming Statutes.

            (d..) Wyoming State Veterinary Laboratory. The Wyoming State Veterinary Laboratory is responsible for the testing and verification of rabies within an animal population. The ADMB may elect to use the services of the Wyoming State Veterinary Laboratory upon the execution of memorandums of understanding. Payments for services rendered shall be negotiated and agreed upon between parties.25-4

Section 7. Submission of animals for testing.

            (a.) The Wyoming State Veterinary Laboratory establishes the guidelines and protocols for submission of animals for testing. These guidelines and protocols are available from the laboratory.

Section 8. Vaccination protocols.

            (a) Domestic Animals. All cat and dog owners are encouraged to have their pets kept current on their rabies vaccinations. Municipalities or county governments may require vaccinations. Upon establishment of a rabies district, all cat and dog owners are required to have their pets vaccinated.

Section 9. Post-exposure procedures and quarantines.

            (a) All human exposures must be reported to the department of health.

            (b) All domestic animal exposures must be reported to the livestock board.

            (c) Wild Animals. Wild animals, domesticated wild animals, or hybrids for which there is no licensed rabies vaccine, must be euthanized if exposed to a rabid animal.

Section 10. Animal Importation.

            (a.) No unregulated animal species or animal species defined as predators under W.S. 11-6-302 (ix) shall be imported into the state. Animals imported under permit as sanctioned by the Wyoming Animal

Damage Management Board for research or study are exempt from this provision.

Section 11. Agreements generally.

            (a.) The ADMB may enter into agreements with any person or government agency to carry out the provisions of the Wyoming Animal Damage Management Program.

Section 12. Enforcement.

            (a.) Local animal control, health and law enforcement agencies in rabies control districts have authority to enforce the provisions established in these rules and the applicable requirements set forth by the rabies control district.

                    





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