|
H.B. No. 0032 |
Gray wolf management. |
Sponsored By: Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee
AN ACT relating to game and fish; providing for management of gray wolves in the state; providing for regulation of lethal take permits; providing for the killing of gray wolves doing damage to livestock or domestic animals; and providing for an effective date.
12/9/2008 Bill Number Assigned
1/13/2009 H Received for Introduction
1/13/2009 H Introduced and Referred to H06
2/4/2009 H06 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Bonner, Brown, Childers, Connolly, Shepperson and Thompson
Nays: Representative(s) Davison, Jaggi and Millin
Ayes 6 Nays 3 Excused 0 Absent 0 Conflicts 0
2/4/2009 H Placed on General File
HB0032HS001/ADOPTED
Page 1-line 2 After "state;" insert "providing for memoranda of understanding;".
Page 1-line 5 Delete "an" insert "a contingent".
Page 1-After line 7 Insert:
"Section 1. This act shall be effective only if W.S. 23-1-110 as created by this act becomes effective in accordance with the provisions of that section. The legislative service office is authorized and directed to publish the provisions of this act in the manner which most effectively displays the contingincies providing in this section.
Section 2. W.S. 23-1-110 is created to read:
23-1-110. State management of gray wolves.
(a) Subject to subsection (b) of this section, this section shall be effective only after the date that gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming, and Wyoming has legal right to exercise full and continuous management authority over gray wolves in the entire state of Wyoming subject only to federal premeption.
(b) On and after March 15, 2010, this act shall not be effective if the United States fish and wildlife service has not:
(i) Published a final rule delisting gray wolves in the manner specified in W.S. 23-1-108 in the entire state of Wyoming dated after March 1, 2009; and
(ii) Either:
(A) Published a final rule after March 1, 2009, modifying existing 10(j) rules, under 50 C.F.R. § 17.84, governing management of wolves as an experimental nonessential population, which provides for management of wolves where predation is causing unacceptable impacts to wild ungulate herds and which addresses wolf-wild ungulate Conflicts occurring at state operated feedgrounds; or
(B) Executed an agreement with the state of Wyoming which provides adequate protection for Wyoming’s wild ungulates. The determination of adequate protection shall be made by certification of the governor as provided in subsection (e) of this section, if necessary to determine whether this section is effective. In making the determination of adequate protection the governor shall consult with the Wyoming game and fish commission.
(c) For purposes of this section, a wild ungulate herd may be experiencing unacceptable impacts from wolf predation where the herd has declined below population objectives or is in danger of doing so and:
(i) The wild ungulate herd in question is located within at least a portion of the home range of a documented wolf pack;
(ii) The annual report of wolf population published by the United States fish and wildlife service provides, or the game and fish department has documented, that at least fifteen (15) breeding pairs exist in the designated trophy game area specified in W.S. 23‑1‑101(a)(xii)(B)(I) and all national parks within the boundaries of Wyoming; and
(iii) The department determines that wolf predation is having an impact on the recruitment rate of the affected wild ungulate herd and the governor certifies that determination as provided in subsection (e) of this section, if necessary to determine whether this section is effective.
(d) For purposes of this section, wolf-wild ungulate Conflicts occurring at state operated feedgrounds shall include any situations in which wolves:
(i) Cause wild ungulates to move from those feedgrounds;
(ii) Cause a mixing of livestock and wild ungulates; or
(iii) Cause wild ungulates to pose extraordinary safety hazards on state public roadways.
(e) The governor shall certify to the secretary of state the occurrence of any acts which affect whether this section is effective. The effective date or dates of this section shall be determined upon the date each such certification is made and filed with the secretary of state.".
Page 1-line 9 Delete "Section 1" insert ”Section 3"; after "W.S." insert "23-1-302(a)(xxviii) and by creating a new paragraph (xxx),".
Page 1-After line 11 Insert:
"23-1-302. Powers and duties.
(a) The commission is directed and empowered:
(xxviii) To reject or to accept and expend
for purposes authorized under this section any and all gifts of cash, stocks,
bonds or any other form of monies. Gifts shall be deposited and expended as
provided in W.S. 23-1-501; and
(xxx) To enter into memoranda of understanding with the states of Idaho and Montana to cooperate in the capture, transport, exchange and release of gray wolves into and out of those areas of the state where the gray wolf is not classified as a predator as the commission deems necessary to assure genetic interchange among the populations of gray wolves within the three (3) states.".
Page 2-lines 5 through 12 Delete entirely and insert:
"necessary to reasonably ensure:
(i) At least seven (7) breeding pairs of gray wolves are located in this state and primarily outside of Yellowstone National Park, Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway at the end of the current calendar year; or
(ii) If the national park service has entered into a memorandum of understanding with the commission regarding the management of gray wolves within Yellowstone National Park, Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway, at least fifteen (15) breeding pairs of gray wolves are located within the state.".
Page 3-line 15 After "(q)" delete balance of line and insert:
"The department shall provide to the commission at least a quarterly monitoring report on the number of gray wolf packs within this state and their general location. Following receipt of the report the commission shall at a public meeting:
(i) Determine if there are less than the number of wolves provided for in paragraph (a)(i) of this section or, if a memorandum of understanding has been entered into with the national park service, paragraph (a)(ii) of this section, or determine that an immediate or imminent situation exists which could result in less than the number of wolves provided in paragraph (a)(i) or (a)(ii) of this section, as applicable, located in this state. If such a determination is made:
(A) The commission shall adopt rules and regulations, including emergency rules if deemed necessary, to classify the gray wolf as a trophy game animal and prohibit the taking of gray wolves except as provided in W.S. 23-3-115(c), within that area of the state the commission determines is necessary to reasonably ensure the number of wolves provided for in paragraph (a)(i) or (a)(ii) of this section, as applicable, is present within this state at the end of the current calendar year;
(B) At any time that gray wolves are classified as trophy game animals in an area greater than that specified in W.S. 23-1-101(a)(xii)(B)(I), the commission shall:
(I) Meet in public not less than once every ninety (90) days to review the classification and determine the need for its continuance; and
(II) Maintain the classification of gray wolves as predatory animal and trophy game animal as specified in W.S. 23-1-101(a)(viii) and (xii)(B)(I), if it determines there are sufficient numbers of wolves as provided for in paragraph (a)(i) or (a)(ii) of this section, as applicable, as of the end of the preceding calendar quarter.".
Page 3-lines 16 through 24 Delete entirely.
Page 4-lines 1 and 2 Delete entirely.
Page 4-lines 8 through 21 Reinsert all stricken language; delete all new language.
Page 4-line 22 Delete "of the property".
Page 5-line 8 Delete "Section 2" insert "Section 4".
Page 6-line 10 Delete ”3" insert "5".
Page 6-line 11 Delete "is" insert "and W.S. 23-1-109 are".
Page 6-line 13 Delete "4." insert "6. Subject to sections 1 and 2 of this act,". CHILDERS, CHAIRMAN
2/9/2009 H Passed CoW
2/10/2009 H Passed 2nd Reading
HB0032H3001/FAILED
Page 1-line 10 Delete "(c)" insert "by creating a new subsection (d)".
Page 4-lines 8 through 24 Delete entirely including the standing committee amendment (HB0032HS001/A) to these lines and insert:
"(d) Any gray wolf in the act of attacking any livestock or domesticated animals may be immediately taken and killed by the owner of the livestock or domesticated animal or an employee of the owner or lessee of the livestock or domesticated animal. The owner, employee or lessee shall immediately notify the nearest game warden of the killing of a gray wolf pursuant to this subsection. For purposes of this subsection the "act of attacking" is defined as actual biting, wounding, grasping or killing of livestock or a domestic animal, or chasing, molesting or harassing by a wolf that would indicate to a reasonable person that actual, biting, wounding, grasping or killing of livestock or a domesticated animal is likely to occur at any moment.".
Page 5-lines 1 through 6 Delete entirely.
Page 6-line 11 Delete the standing committee amendment (HB0032HS001/A) to this line and further amend as follows: delete "is" insert ", W.S. 23-1-109 and 23-3-115(c) are". GINGERY
HB0032H3002/FAILED
Delete the standing committee amendment (HB0032HS001/A) entirely.
Delete the Gingery third reading amendment (HB0032H3001/A) entirely.
Further amend as follows:
Page 1-line 2 After "state;" delete balance of line and insert:
"modifying penalty provisions for improper taking of a gray wolf; providing for taking of gray wolves in additional situations as specified; repealing inconsistent provisions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 11‑6‑302(a)(ix)(A) and (x)(A), 23‑1‑101(a)(viii)(A) and (xii)(A), 23‑1‑103, 23‑1‑302(a)(xxix), 23‑2‑101(j)(xliii)(intro), 23‑2‑104(e), 23‑2‑303(d), 23‑3‑102(a) and (d), 23‑3‑115 by creating a new subsection (d) and 23‑3‑304(a) are amended to read:
11‑6‑302. Definitions.
(a) As used in this article:
(ix) "Predatory animal" means:
(A) Coyote, jackrabbit, porcupine,
raccoon, red fox, skunk or stray cat.; and
(x) "Trophy game animal" means:
(A) Black bear, grizzly bear, gray wolf or mountain lion.; and
23‑1‑101. Definitions of wildlife.
(a) As used in this act:
(viii) "Predatory animal" means:
(A) Coyote, jackrabbit, porcupine,
raccoon, red fox, skunk or stray cat.; and
(xii) "Trophy game animal" means:
(A) Black bear, grizzly bear, gray wolf or mountain lion.; and
23‑1‑103. Ownership of wildlife; purpose of provisions.
For
the purpose of this act, all wildlife in Wyoming is the property of the state.
It is the purpose of this act and the policy of the state to provide an
adequate and flexible system for control, propagation, management, protection
and regulation of all Wyoming wildlife. There shall be no private ownership of
live animals classified in this act as big or trophy game animals or of any wolf or wolf hybrid.
23‑1‑302. Powers and duties.
(a) The commission is directed and empowered:
(xxix) 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, to classify To
manage gray wolves and to regulate the taking of gray wolves as predatory or trophy game animals in accordance with W.S. 23‑1‑304, and to
regulate the number of gray wolves which may be taken under a license issued
under this act or as necessary appropriate to carry out the commission's duties
under this act. The commission shall manage and
regulate the taking of gray wolves in a manner consistent with that of other
trophy game and in a manner which facilitates the removal of the gray wolf from
the list of experimental nonessential population, endangered species or
threatened species in Wyoming and prevents any such future listing of the gray
wolf.
23‑2‑101. Fees; restrictions; nonresident application fee; nonresident licenses; verification of residency required.
(j) Subject to W.S. 23‑2‑101(f), 23‑1‑705(e) and the applicable fee under W.S. 23‑1‑701, the following hunting licenses and tags may be purchased for the fee indicated and subject to the limitations provided:
(xliii) 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:
23‑2‑104. Archery licenses; special seasons; prohibition against firearms; equipment.
(e) When hunting antelope, bighorn
sheep, black bear, deer, gray wolf,
mountain goat or mountain lion the longbow hunter must be equipped with a
longbow of not less than forty (40) pounds draw weight or possessing the
ability to cast a hunting arrow of four hundred (400) grain weight at least one
hundred sixty (160) yards. When hunting elk, grizzly bear or moose, the longbow
hunter must be equipped with a longbow of not less than fifty (50) pounds draw
weight or possessing the ability to cast a hunting arrow of five hundred (500)
grain weight at least one hundred sixty (160) yards. The crossbow hunter must
be equipped with a crossbow of not less than ninety (90) pounds draw weight
which has a minimum draw length of fourteen (14) inches (from front of bow to
back of string in the cocked position) and a positive safety mechanism.
Crossbow bolts must be at least sixteen (16) inches long. The broadhead of
arrows or bolts shall be of sharp steel with a minimum cutting width of one (1)
inch. The provisions of this subsection relating to
the hunting of antelope, bighorn sheep, black bear, deer, mountain goat and
mountain lion shall also apply to the hunting of the gray wolf as a trophy game
animal from and after the date gray wolves are removed from the list of
experimental nonessential population, endangered species or threatened species
in Wyoming as provided by W.S. 23‑1‑108.
23‑2‑303. Trapping licenses; tagging; traps and snares; penalty; confiscation; inspection; interference with trapping.
(d) All traps and snares used for
furbearing or predatory animals shall be permanently marked or tagged with the
name and address of the owner or the identification number assigned to the
owner by the department. Any identification number attached to a trap or snare
pursuant to this subsection is solely for the use of the department or appropriate
law enforcement officers and is not a public record for purposes of W.S. 16‑4‑201
through 16‑4‑205. No trap or snare shall be set for furbearing or
predatory animals within thirty (30) feet of any exposed bait or carcass over
five (5) pounds in weight. As used in this subsection, "exposed bait or
carcass" means the meat or viscera of any part of a mammal, bird or fish,
excluding dried bones. In addition, all snares used for taking furbearing or
predatory animals shall be equipped with a break-away locking device that is
designed to release at two hundred ninety-five (295) pounds of pressure or less
and a snare loop not to exceed twelve (12) inches in diameter measured side to
side. Unless otherwise specified in this section, all traps, excluding snares
set for furbearing animals and predatory animals and quick kill body grip traps
as defined by commission rule and regulation, shall be checked by the owner at
least once during each seventy-two (72) hour period from the time the traps
were set. Quick kill body grip traps shall be checked by the owner not less
than once each seven (7) day period from the time the traps were set. All
wildlife caught in any trap or snare shall upon discovery, be removed
immediately by the owner. Violation of this subsection constitutes a low
misdemeanor punishable as provided in W.S. 23‑6‑202(a)(v). After the date gray wolves are removed from the list of
experimental nonessential population, endangered species or threatened species
in Wyoming as provided by W.S. 23‑1‑108 the commission may enact
rules and regulations setting forth the specifications for traps and snares
used for the taking of gray wolves and the time period for checking such traps
and snares. Except as otherwise provided by commission rule, the provisions in
this section regulating the trapping of furbearing and predatory animals shall
apply to the trapping of gray wolves.
23‑3‑102. Taking certain game animals without license or during a closed season prohibited.
(a) Except as provided in
subsection (d) of this section, any person who takes any big or trophy game
animal or gray wolf where classified as a trophy
game animal without the proper license or authority is guilty of a
high misdemeanor punishable as provided in W.S. 23‑6‑202(a)(ii).
The taking of each animal is a separate offense.
(d) Any person who knowingly takes any antlered elk, antlered deer, antlered moose, horned antelope, bighorn sheep, mountain goat, mountain lion, gray wolf, grizzly bear or black bear without the proper license or during a closed season except as otherwise permitted by this act is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), imprisonment for not more than one (1) year, or both.
23‑3‑115. Taking certain animals for damaging property.
(d) Any gray wolf in the act of attacking any livestock or domesticated animal may be immediately taken and killed by the owner of the livestock or domesticated animal or an employee of the owner or lessee of the livestock or domesticated animal. The owner, employee or lessee shall immediately notify the nearest game warden of the killing of a gray wolf pursuant to this subsection. For purposes of this subsection the "act of attacking" is defined as actual biting, wounding, grasping or killing of livestock or a domesticated animal, or chasing, molesting or harassing by a wolf that would indicate to a reasonable person that actual, biting, wounding, grasping or killing of livestock or a domesticated animal is likely to occur at any moment.
23‑3‑304. Certain trapping devices unlawful; game for bait prohibited; baiting big game animals prohibited; penalties.
(a) No person shall take or wound
any game animal, game bird, or game fish by use of any pit, pitfall, net, trap,
deadfall, poison, or other similar device except as otherwise provided. From and after the date gray wolves are removed from the
list of experimental nonessential population, endangered species or threatened
species in Wyoming as provided by W.S. 23‑1‑108, gray wolves may be
taken with a trap or snare only as allowed by and in accordance with rules and
regulations of the commission.
Section 2. W.S. 11‑6‑302(a)(ix)(B) and (x)(B) and (b), 23‑1‑101(a)(viii)(B), (xii)(B) and (b), 23‑1‑108, 23‑1‑109, 23‑1‑304, 23‑3‑115(c), 2003 Wyoming Session Laws, Chapter 115, Section 4 and 2007 Wyoming Session Laws, Chapter 168, Sections 1 and 4 are repealed.
Section 3. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution."
Page 1-line 3 through Page 6-line 16 Delete entirely. GINGERY
2/11/2009 H Failed 3rd Reading
ROLL CALL
Ayes: Representative(s) Bagby, Blake, Esquibel, K., Gingery, Hales, Jorgensen and Zwonitzer, Dn..
Nays: Representative(s) Anderson, R., Barbuto, Berger, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Gilmore, Goggles, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis and Zwonitzer, Dv.
Excused: Representative(s) Mercer
Ayes 7 Nays 52 Excused 1 Absent 0 Conflicts 0