Joint Travel, Recreation, Wildlife & Cultural Resources Interim Committee minutes for the meeting of November 13 & 14, 2002.

SUMMARY OF PROCEEDINGS

Joint Travel, Recreation, Wildlife & Cultural Resources Interim Committee

Capitol Building, Room 302 November 13 and 14, 2002

Cheyenne, Wyoming

PRESENT: Senator Carroll Miller, Cochairman;

Representative Teense Willford, Cochairman

Senators Ken Decaria, Mike Massie and Delaine Roberts

Representatives Gerald Gay, Jerry Iekel (Nov. 14), Larry Meuli, Bud Nelson, Phil Nicholas, Bill Thompson and Louie Tomassi;

Legislative Service Office: Dave Gruver

Others Present: See Appendix 1(a) and (b).

ABSENT: Senator Steve Youngbauer Representative Bubba Shivler

AGENDA: See Appendix 2.

* * * * *

Cochairman Willford called the Committee to order at 1:00 p.m. Representative Tomassi moved the minutes from the June meeting be approved. The motion was seconded and passed.

Wyoming territorial prison state park and historical site

Jennifer Goodman, Director of the Wyoming Territorial Prison Corporation addressed the Committee. After reviewing attendance for the Park this summer and other financial aspects of the Park, she noted the board of the Corporation supported the proposed resolution of support for the Park.

Representative Tomassi moved the Committee sponsor the proposed resolution in the upcoming session. (See appendix 3, 03 LSO 0060.C1). The motion was seconded by cochairman Miller. Representative Tomassi moved, page 3, line 19 to insert after "maintained" "including a state appropriation of $300,000 annually". Seconded by Representative Nelson and passed. Senator Massie moved to insert after "appropriations" on page 1, line 16, "and foregone interest, totaling over eleven million dollars". The motion was seconded by Senator Decaria and failed. The main motion passed with Senators Miller and Roberts and Representatives Gay, Meuli, Nelson, Nicholas, Thompson, Tomassi and Willford voting "aye". Senators Decaria and Massie voting "no".

Senator Massie addressed proposed legislation, Wyoming Territorial Prison Park Transfer (03 LSO 0065.W3, appendix 4). The legislation would transfer the surface estate encompassing the park from state ownership to the city of Laramie in 2007. The city has not taken a position on the proposal at this time according to Senator Massie. The Committee discussed operations of the Park under the proposal. Senator Massie asked that two possible amendments to the bill be distributed. (Appendices 5 and 6). He noted that the draft had been provided for informational purposes at this time and no motion was made regarding the bill.

State Parks and Cultural Resources funding of special events at state parks and historic sites

State Parks and Cultural Resources Department Director John Keck and Deputy Director Bill Gentle addressed the issue of funding local events at state parks. Currently the Department has no authority to charge fees for such events and no budget to fund special events at state parks. When special events are held, a nonprofit organization is formed, entrance fees are waived and gate receipts are used to fund the event by the nonprofit organization. Often the Department has a large hand in establishing and running the organization. The proposed legislation (03 LSO 0211.C1, appendix 7), would explicitly allow waiver of the normal fee and charging of a special event fee at most State Parks, regardless of whether a third party group was involved. The fees charged would be deposited in the enterprise fund and used for special events, rather than deposited in the general fund and capital construction account as daily fees are under current law.

The Committee discussed how the fees would be accounted for and what would happen in the event the fees did not cover the expenses of promoting the event. Mr. Keck noted that any shortfall would be made up from the budget of the Department. After Mr. Gentle explained the draft, Senator Massie moved the draft be sponsored by the Committee in the upcoming session. Representative Tomassi seconded and the main motion passed unanimously without amendments.

Recreational vehicle gas tax distribution.

Mr. Keck addressed two pieces of draft legislation. Motorboat Gas Tax Distribution (03 LSO 0229.L1, appendix 8) and Recreational Vehicle Gas Tax Distribution (03 LSO 0208.W1, appendix 9). Under current law a percentage of gas tax is distributed to the State Parks and Cultural Resources Department to use for boat ramps and activities associated with boating. The amount is based upon a statutory formula, attempting to approximate the amount of gas used in motorboats. That distribution is to sunset in 2003, and LSO 229.L1 would eliminate the sunset. Mr. Keck provided a listing of motorboat gas tax expenditures by location. (Appendix 10) Representative Tomassi moved the bill be sponsored by the Committee in the upcoming session. Senator Roberts seconded and the motion passed unanimously without amendments.

Current law also provides for a snowmobile gas tax distribution. This distribution has been studied and the proposed legislation provides for a formula more closely approximating snowmobile gas usage. (03 LSO 0208.W1) The legislation also removes the motorboat gas distribution sunset and provides for a new gas tax distribution to the Department for other "off-road" recreational vehicle use. The legislation does not increase the gas tax but takes a portion of the gas tax otherwise distributed to the department of transportation and to local governments. Mr. Keck provided information regarding the background of current snowmobile formula and the updated information for the proposed snowmobile and off-road vehicle formulae. (Appendices 12 and 13)

Sleeter Dover, Director of the Department of Transportation raised concerns of the Department regarding any additional distribution of gas taxes. He provided appendix 14, showing the expected impact of the proposed legislation. While acknowledging the needs of the State Parks Department, he opposed any change to the current formula. Mr. Dover did not know whether the new formula was a more accurate depiction of snowmobile use, and did not wish to contest another Department's research.

After discussion regarding the accuracy of the new versus old formula, Representative Willford moved the bill (03 LSO 0208.W1) be sponsored by the Committee in the upcoming session. Representative Nicholas seconded and the motion passed without amendments with Senators Miller and Decaria and Representatives Gay, Meuli, Nicholas and Willford voting "aye". Senators Massie and Roberts and Representatives Nelson, Thompson and Tomassi voting "no".

Vore Buffalo Jump

Gene Cady, and Professor Charles Reher, members of the Vore Buffalo Jump foundation board of directors, presented information regarding the Vore Buffalo Jump Site near Beulah. The site had been transferred to the University of Wyoming on the condition that an educational and research center would be completed on the site. The conditions were not met and the Site was transferred back to the donors and subsequently to the Foundation. The Foundation's proposal is for an educational and research facility to be built at the archeological site. Economic development, historical, educational, cultural and archeological impacts of such a facility were all addressed. The estimated cost of the complete facility would be approximately $11 million. The first phase would be expected to cost approximately $1.6 million. Operational costs are estimated at $750,000 per year. An operating profit is expected in the third year. The Committee generally expressed support for the facility, but also concern that the facility not become a source needing continual state funding. The Committee suggested the gentlemen should contact affected state entities and also specific legislators to support the proposal. Written materials describing the Site and the business plan are attached as appendix 15.

The meeting was recessed for the day at approximately 5:15 p.m.

November 14

Game and fish commissioners, Kerry Powers, Linda Fleming, Hale Kreycik and Michael Powers were introduced by Game and Fish Interim Director, Tom Thorne.

Game and Fish funding

Bill Wichers, G&F Deputy Director, discussed the current Game and Fish funding position. Little had changed since he addressed the Committee in June. The Department conducted a series of public meetings throughout the state regarding funding and proposed legislation. A summary of those meetings was sent to all Committee members earlier. Without increased funding, the Game and Fish will be cutting into programs currently provided. Mr. Wichers provided an update of the Department's fiscal position. (Appendix 16)

As a result of the public meetings and a Commission meeting since the last Committee meeting a number of amendments to the proposed recommended legislation had been prepared. Those amendments were addressed as the Committee reviewed each bill. Prior to addressing particular legislation, Committee members and Mr. Wichers discussed generally the public response to the financial situation of the Department.

Game and Fish Financing, 03 LSO 0050.W3 (appendix 17) is the major financing piece proposed by the Department. The bill generally increases hunting and fishing license fees by 20%. Youth licenses and a limited number of other fees are not increased. The draft also increases the landowner coupon from $11 to $13. Representative Tomassi moved the bill be sponsored by the Committee in the upcoming session. Senator Massie seconded. Senator Roberts moved to decrease the increases to 10%. The motion was seconded and failed. Representative Meuli moved to insert the proposed Game and Fish amendment (appendix 18) on page 2, which would increase resident application fees from $3 to $5 and remove the proposed nonresident application fee increase. Senator Massie moved to amend the motion by setting resident application fees at $4 and nonresident application fees at $12. Senator Massie's amendment to the amendment passed. Representative Meuli's motion, as amended then passed. The main motion, as amended, passed with Senators Massie, Miller and Decaria and Representatives Gay, Iekel, Meuli, Nelson, Nicholas, Thompson, Tomassi and Willford voting "aye". Senator Roberts voted "no".

Mr. Wichers addressed limited quota hunting licenses, 03 LSO 0051.W1, (appendix 19). Currently, a percentage of nonresident licenses for deer, elk and antelope are "set aside" for a special draw, with nonresidents who desire paying an extra fee to be in the "special draw". The draft increases the "special draw" licenses from 20% of deer, 30% of antelope and 40% of elk licenses, to 40% for all three species. The draft also increases the fee for the special drawing to $400 for elk and $200 for deer and for antelope. Representative Tomassi moved the bill be sponsored by the Committee in the upcoming session. Representative Nelson seconded. The motion, without amendment, passed with Senators Massie and Roberts and Representatives Iekel, Meuli, Nelson, Nicholas, Thompson, Tomassi and Willford voting "aye". Senators Decaria and Miller and Representative Gay voted "no".

Mr. Wichers addressed Lifetime Conservation Stamp, 03 LSO 0052.W2 (appendix 20). The draft doubles the lifetime conservation stamp to $150. The annual conservation stamp fee was increased two years ago, but the lifetime fee remained unchanged. Senator Massie moved the bill be sponsored by the Committee in the upcoming session. Representative Meuli seconded. The motion, without amendment, passed with Senators Decaria, Massie and Miller and Representatives Gay, Iekel, Meuli, Nelson, Nicholas, Tomassi and Willford voting "aye". Senator Roberts and Representative Thompson voted "no".

Mr. Wichers suggested the Game and Fish would like the above three bills to be combined into one bill. Senator Miller moved to do so. Senator Massie seconded. Representative Meuli moved to amend the motion to exclude the Limited Quota draft bill. The motion failed. The main motion to consolidate all three bill drafts into one bill also failed.

Mr. Wichers addressed License Selling Agents, 03 LSO 0053.W2 (appendix 21). The draft doubles the fee hunting and fishing license selling agents receive from $.25 and $.50 for licenses and stamps sold to $.50 and $1.00. The fee would also become an "add-on" to the cost of a license under the draft. Currently, the fee is deducted from the price of a license or stamp. The draft calls for the fee to be an optional charge, at the discretion of the selling agent, although the Game and Fish Commission was recommending that it be amended to make the fee mandatory (see appendix 22) Representative Meuli moved the bill be sponsored by the Committee in the upcoming session. Representative Tomassi seconded. Representative Tomassi moved to make the fee mandatory. Mike Moser, Wyoming Retail Merchants Association, spoke in favor of the amendment and in favor of the bill. The amendment was seconded and failed. The main motion, without amendment, passed with Senators Massie, Miller and Roberts and Representatives Nelson, Nicholas, Thompson and Tomassi voting "aye". Senator Decaria and Representatives Gay, Iekel, Meuli and Willford voted "no".

Mr. Wichers addressed Hunting and Fishing License Fees, 03 LSO 0236.W1 (appendix 23). The draft would allow the Game and Fish Commission to increase license and other fees on an annual basis based upon an inflation factor. Game and Fish Commissioners spoke in favor, noting the draft would allow smaller more frequent increases than legislation, as requested by the public comment. No motion was made to sponsor the draft.

Mr. Wichers addressed Pioneer Hunting Licenses, 03 LSO 0049.W4 (appendix 24). The draft would change the qualifications for pioneer hunting licenses to allow any resident 70 and over to qualify for the reduced fee licenses. The draft would also increase the fees from $2 to a discount from the normal fee of between 20% and 25%. Game and Fish recommended not pursuing the draft this session. Representative Meuli moved the bill be sponsored by the Committee in the upcoming session. Representative Nelson seconded. The motion failed with Representatives Meuli, Nicholas and Willford voting "aye". Senators Decaria, Massie, Miller and Roberts and Representatives Gay, Iekel, Nelson, Thompson and Tomassi voted "no".

After lunch, the Committee reconvened to discuss Preference Points for Hunting Licenses, 03 LSO 0048.W4 (appendix 25). Jay Lawson, Game and Fish Wildlife Division Chief, provided an explanation of the preference point system. (Appendix 25). Mr. Wichers explained the draft bill contained two versions. The first allowed the Game and Fish Commission to establish preference point systems for species beyond moose and big horn sheep, as provided in current law. The second version, drafted at the request of the Committee, authorized the establishment of preference point systems for nonresident deer, elk and moose. While the Game and Fish Department preferred the first version, it was comfortable with the second since there were no plans to develop preference point systems for anything other than those species. Mr. Lawson noted that nonresidents preferred the certainty of drawing a license at some point, which is provided in a preference point system. Mr. Wichers noted the Commission had requested an amendment which would replace the statutory fee of $7 for purchasing a preference point, without applying for a moose or sheep license, with a fee established by the Commission of up to $20. (Appendix 27). Senator Roberts moved version 1 of the draft be sponsored by the Committee in the upcoming session. Representative Tomassi seconded. Representative Meuli moved the proposed Game and Fish amendment to version 1. That motion failed. The main motion failed with Senators Miller and Roberts and Representative Gay voting "aye". Senators Decaria and Massie and Representatives Iekel, Meuli, Nelson, Nicholas, Thompson, Tomassi and Willford voted "no". Representative Tomassi moved the second version of the draft be sponsored by the Committee in the upcoming session. Senator Massie seconded. Representative Meuli moved the proposed Game and Fish amendment to version 2. That motion failed. The main motion passed unanimously.

Wolf management

Dave Moody, Game and Fish Department, provided information on the current wolf populations and recovery goals under the Endangered Species Act. There are approximately 40 breeding pairs, with 30 breeding pairs being the goal to start the delisting process. Current recommendations on the draft management plan call for designating gray wolves as predators in part of the state and trophy game animals in other parts. Where designated as trophy game animals, the Game and Fish Commission would regulate the taking of wolves.

Ron Micheli, Director of the Department of Agriculture, addressed the Committee. He recognized that the current plan fails to provide assurances that wolves will not be extirpated. The Department would be amenable to implementing a plan whereby once a minimum number of wolves exist, they would stop being taken as predatory animals.

John Blankenship, U.S. Fish and Wildlife Service, agreed that there must be some assurances that the wolves would not be exterminated. The current proposal simply providing for dual designation does not provide the necessary assurances. Mr. Micheli's proposal, while new to Mr. Blankenship, certainly provided room for discussion and possible solution to the issue. The Service is looking forward to beginning the delisting process as soon as possible, while meeting its obligations under the Endangered Species Act. Delisting could start as early as March 2003 and be completed in one year, if no litigation was initiated. There does exist the possibility of that litigation, however. Interim Director Thorne acknowledged that the bill draft before the Committee (03 LSO 0179.W8, appendix 28), did not meet all necessary criteria and asked that the interested parties be given time to work out a solution. Commissioner Hale Kreycik stated that all the Game and Fish Commissioners recognized the need to reach a solution as soon as possible so the delisting process could begin.

The Committee discussed wolf damage compensation issues with Mr. Micheli and Bryce Reece, Wyoming Woolgrowers Association. Mr. Reece provided written material showing projected wolf population growth and its impact on elk populations. (Appendix 29).

Terry Cleveland, Assistant Wildlife Division Chief, explained the draft bill to the Committee. Wolves would be predators throughout the state, except in specified geographic areas. Wolf-dog hybrids would be prohibited, with existing ownership grandfathered. A major issue in the bill is the designation of permissible traps and snares for wolves. Current release amounts are insufficient to retain wolves, thus the draft allows the Commission to set requirements for wolf traps and snares.

The Committee urged the interested parties to develop adequate legislation to allow the delisting process to begin and noted time was short to get legislation finalized for this session, which is the goal of the Committee.

The house of origin for the bills sponsored by the Committee was determined, with the Motorboat Gas Tax Distribution, Recreational Vehicle Gas Tax Distribution, Game and Fish Restitution Payments (adopted earlier by the Committee) and Game and Fish Commission Compensation (adopted earlier by the Committee) designated to begin in the Senate. The seven remaining bills are to begin in the House.

Committee members, Tomassi and Nelson and Cochairman Willford expressed their appreciation and admiration for serving in the Legislature. With no further business, the Committee adjourned at 4:30 p.m.

Respectfully submitted

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Cochairman Loren "Teense" Willford