1999 State of Wyoming 99LSO-0461
HOUSE BILL NO. HB0136
Predator control-2.
Sponsored by: Joint Agriculture, Public Lands and Water
Resources Interim Committee
A BILL
for
1 AN ACT relating to agriculture and animals; providing for
2 predator control as specified; creating the Wyoming animal
3 damage management board as specified; providing for
4 membership and funding as specified; providing legislative
5 intent; and providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 11-6-301 through 11-6-312 are created
10 to read:
11
12 ARTICLE 3
13 WYOMING ANIMAL DAMAGE MANAGEMENT PROGRAM
14
15 11-6-301. Short title.
16
Page 1
1 This article may be cited as the "Wyoming animal damage
2 management program".
3
4 11-6-302. Definitions.
5
6 (a) As used in this article:
7
8 (i) "Board" means the Wyoming animal damage
9 management board;
10
11 (ii) "Bounty" means the monetary compensation
12 paid a person for the harvest of a predatory or depredating
13 animal;
14
15 (iii) "Crop" or "agricultural crop" when not
16 otherwise defined by statute means corn, oats, wheat,
17 barley, flax, sorghums and other grains, potatoes,
18 vegetables, forage legumes, hay, and any other product of
19 cultivation, trees, bees, honey and hives;
20
21 (iv) "Damage" means any injury to or loss of
22 livestock, agricultural crops or wildlife inflicted by
23 predatory animals, predacious birds or depredating animals;
24
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1 (v) "Depredating animal" means any trophy game
2 animal, furbearing animal or wolf that causes damage;
3
4 (vi) "Furbearing animal" means badger, beaver,
5 bobcat, marten, mink, muskrat or weasel;
6
7 (vii) "Livestock" means horses, mules, cattle,
8 swine, sheep, goats, poultry, guard animals or any other
9 animal maintained under domestication. Bison are considered
10 livestock unless otherwise designated by the Wyoming
11 livestock board and the Wyoming game and fish commission;
12
13 (viii) "Person" means as defined by W.S.
14 8-1-102(a)(vi);
15
16 (ix) "Predacious bird" means English sparrow and
17 starling;
18
19 (x) "Predatory animal" means coyote, jackrabbit,
20 porcupine, raccoon, red fox, skunk or stray cat;
21
22 (xi) "Trophy game animal" means black bear,
23 grizzly bear or mountain lion;
24
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1 (xii) "Wildlife" means all wild mammals, birds,
2 fish, amphibians, reptiles, crustaceans and mollusks, and
3 wild bison designated by the Wyoming game and fish
4 commission and the Wyoming livestock board within this
5 state.
6
7 11-6-303. Animal damage management board (ADMB)
8 created; composition; appointment; terms; vacancies;
9 compensation.
10
11 (a) There is created the animal damage management
12 board for the purposes of mitigating damage caused to
13 livestock, wildlife, crops and personal property by
14 predatory animals, predacious birds and depredating animals.
15 The board shall be composed of ten (10) members appointed by
16 the governor as follows:
17
18 (i) The director of the Wyoming department of
19 agriculture;
20
21 (ii) The director of the Wyoming game and fish
22 department;
23
24 (iii) One (1) domestic sheep producer;
25
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1 (iv) One (1) cattle producer;
2
3 (v) The state director for the United States
4 department of agriculture, animal and plant health
5 inspection service, wildlife services (USDA/APHIS/WS);
6
7 (vi) Two (2) members representing the interests
8 of sportsmen, outfitters and hunters;
9
10 (vii) The president of the state predatory animal
11 advisory board created under W.S. 11-6-201;
12
13 (viii) One (1) member from an urban area; and
14
15 (ix) One (1) member from the Wyoming game and
16 fish commission.
17
18 (b) A representative from the United States forest
19 service (USFS) and United States bureau of land management
20 (BLM) shall serve as exofficio nonvoting members of the
21 board.
22
23 (c) The directors of the departments of agriculture
24 and game and fish shall serve as co-chairs of the ADMB and
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1 shall give general direction to the ADMB and the ADMB
2 administrative officer.
3
4 (d) The state director or designee for the
5 USDA/APHIS/WS shall serve as the ADMB's administrative
6 officer and carry out the ADMB's administrative functions.
7 Additionally, the USDA/APHIS/WS state director shall
8 maintain a line position responsible to the western regional
9 director, wildlife services program. He shall work under a
10 memorandum of understanding with the Wyoming department of
11 agriculture and the Wyoming game and fish department and
12 coordinate all program planning and direction of the ADMB
13 with the director of the Wyoming department of agriculture.
14
15 (e) Except for the directors of the departments of
16 agriculture and game and fish, members of the board shall
17 hold office for staggered terms of four (4) years. For the
18 initial board, four (4) members shall be appointed for a
19 term of four (4) years, three (3) members shall be appointed
20 for a term of three (3) years, and three (3) members shall
21 be appointed for a term of two (2) years. Each appointed
22 member shall be limited to serving on the board for eight
23 (8) consecutive years, however, a member may be reappointed
24 after a four (4) year absence. Each member shall hold
25 office until his successor is appointed and has been
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1 qualified. As terms of current ADMB members expire, the
2 governor shall appoint each new member or reappointed member
3 to a four (4) year term.
4
5 (f) When a vacancy occurs in the membership for any
6 reason, a replacement shall be appointed for the unexpired
7 term.
8
9 (g) Attendance of six (6) members at a duly called
10 meeting shall constitute a quorum for the transaction of
11 official business. The ADMB shall convene at the times and
12 places prescribed by the chair.
13
14 (h) Members of the board who are not government
15 employees shall receive no compensation or benefits for
16 their services, but may receive per diem and expenses
17 incurred in the performance of the member's official duties
18 at the established state rate, to be paid from the animal
19 damage management account.
20
21 (j) Members may decline to receive per diem and
22 expenses for their service.
23
24 (k) State government officer and employee members who
25 do not receive salary, per diem, or expenses from their
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1 agency for their service may receive per diem and expenses
2 incurred in the performance of their official duties from
3 the ADMB at the established state rate, to be paid from the
4 animal damage management account.
5
6 (m) State government official and employee members may
7 decline to receive per diem and expenses for their service.
8
9 11-6-304. ADMB responsibilities; animal damage
10 management policy; rules; methods to manage predatory
11 animals, predacious birds and depredating animals; manner of
12 calling meetings; frequency.
13
14 (a) The ADMB is responsible for the formulation of the
15 agricultural damage prevention policy of the state, and by
16 and through an executed memorandum of understanding (MOU)
17 with the Wyoming game and fish commission is responsible for
18 the formulation of the wildlife damage prevention policy.
19 The ADMB in conjunction with its responsibility may,
20 consistent with the Wyoming Administrative Procedures Act
21 adopt rules to implement policies administered by the ADMB.
22
23 (b) In its deliberations the ADMB shall:
24
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1 (i) Entertain requests for assistance in order to
2 allow mitigation of predator damage;
3
4 (ii) Specify programs designed to prevent damage
5 by predatory animals, predacious birds and depredating
6 animals to livestock, agricultural crops and wildlife;
7
8 (iii) Provide various degrees of predatory
9 animal, predacious bird and depredating animal damage
10 management services to individual agricultural livestock and
11 crop producers, landowners, lessors or administrators, and
12 to urban, residential and industrial property owners.
13 Damage management services shall also be provided and
14 conducted for the benefit of wildlife populations;
15
16 (iv) Specify methods for the prevention of damage
17 and for the selective control of predatory animals,
18 predacious birds and depredating animals including, but not
19 limited to, hunting, trapping, chemical toxicants and the
20 use of aircraft;
21
22 (v) Maintain responsibility and appropriate funds
23 for the purpose of providing agricultural livestock and crop
24 and wildlife damage prevention caused by predatory animals,
25 predacious birds and depredating animals;
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1
2 (vi) Cooperate with federal, state and county
3 governments, educational institutions and private persons or
4 organizations to effectuate agricultural and wildlife damage
5 prevention policies;
6
7 (vii) Develop memorandums of understanding
8 between the Wyoming department of agriculture and the
9 Wyoming game and fish commission and the United States
10 department of agriculture, animal and plant health
11 inspection service, wildlife services (USDA/APHIS/WS) to
12 accommodate funding sources and administrative guidelines
13 for the program.
14
15 (c) The ADMB shall conduct meetings in accordance with
16 its established policy, but shall meet at least once each
17 year in the month of January.
18
19 (d) The ADMB may adopt rules and regulations necessary
20 for carrying out the purpose and provisions of this article.
21 The ADMB may appoint employees and assistants as necessary
22 and fix their compensation. The ADMB may enter into
23 cooperative agreements with boards of county commissioners,
24 predatory animal control districts, federal or state
25 agencies or other commissions, organizations or associations
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1 for the purpose of controlling predatory animals, predacious
2 birds and depredating animals.
3
4 (e) The ADMB may elect to provide various degrees of
5 predator damage management services to any other person
6 pursuant to a separately negotiated cooperative agreement.
7
8 11-6-305. Wyoming animal damage management board
9 funding; sources; methods of collection.
10
11 (a) There is created a "wildlife damage management"
12 stamp. The stamp, issued at licensed selling agents as
13 designated by the Wyoming game and fish commission may be
14 purchased voluntarily. Proceeds from the sale of the stamp,
15 excluding twenty-five cents ($.25) which the agent shall
16 retain for each stamp sold, shall be deposited by the state
17 treasurer into the animal damage management account created
18 by W.S. 11-6-306.
19
20 (b) The purchase price for the stamp shall be
21 determined annually by the ADMB in whole dollar increments
22 and established at such a level to meet financial
23 obligations as budgeted.
24
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1 (c) The Wyoming game and fish department shall
2 annually transfer to the ADMB funds in the amount of five
3 hundred thousand dollars ($500,000.00). The funds shall be
4 transferred to a specified line item in the animal damage
5 management account. The allocation and use of these funds
6 shall be designated for the specific purpose of managing
7 damage caused by predatory animals, predacious birds and
8 depredating animals to livestock, crops and wildlife.
9
10 (d) The ADMB may receive money for predatory animal,
11 predacious bird and depredating animal management from the
12 federal government, state appropriations, counties,
13 agencies, boards, associations, commissions, individuals and
14 any other cooperators, and may expend monies to purchase
15 supplies, materials, services, and to employ or contract
16 personnel for predatory animal, predacious bird and
17 depredating animal damage management. The ADMB may make
18 supplies, materials, services and personnel available to
19 cooperators at approximate cost.
20
21 11-6-306. Animal damage management account.
22
23 (a) There is created in the special revenue fund the
24 animal damage management account.
25
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1 (b) Money received under W.S. 11-6-305 shall be
2 deposited by the state treasurer in the animal damage
3 management account to be appropriated for the purposes
4 provided in this article.
5
6 (c) Any supplemental contributions received by the
7 department from livestock owners for predatory animal,
8 predacious bird or depredating animal damage management
9 programs shall be deposited into the animal damage
10 management account.
11
12 (d) The animal damage management account shall be
13 administered for the ADMB by the Wyoming department of
14 agriculture.
15
16 11-6-307. Relation to amount of fees and supplemental
17 contributions deposited in the animal damage management
18 account.
19
20 (a) The Wyoming department of agriculture shall
21 provide, upon appropriation from the legislature and from
22 the department's standard budget, funds in the amount of two
23 hundred fifty thousand dollars ($250,000.00) which shall be
24 deposited in the animal damage management account.
25
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1 (b) The funds shall be used for the purposes provided
2 in this article.
3
4 (c) In addition to the funds allocated to the ADMB
5 under W.S. 11-6-305(c), the Wyoming game and fish department
6 shall provide from the department's standard budget funds in
7 the amount of one hundred thousand dollars ($100,000.00)
8 which shall be deposited in the animal damage management
9 account.
10
11 (d) The funds shall be used for the purposes provided
12 in this article.
13
14 11-6-308. District boards; relation to ADMB; duties
15 generally.
16
17 (a) Each predatory animal district board shall:
18
19 (i) Exercise general supervision in determining
20 local priorities for the management of depredating animals
21 that prey upon and destroy livestock, other domestic
22 animals, wildlife or wild game and crops;
23
24 (ii) Devise and put in operation those methods
25 that best manage depredating animals;
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1
2 (iii) Administer funds received to carry out the
3 animal damage management program;
4
5 (iv) Maintain existing financial and physical
6 resources;
7
8 (v) Provide input to the ADMB.
9
10 11-6-309. Predatory animal district participation with
11 the ADMB.
12
13 If the predatory animal district has elected to participate
14 in providing funding or upon approval of the ADMB, other in-
15 kind resources, to the animal damage management account, the
16 district may solicit funds or receive services from the ADMB
17 under separate negotiated agreement.
18
19 11-6-310. Applicability of chapter.
20
21 This article, unless contrary to federal law, shall apply to
22 all federal, state and private lands.
23
24 11-6-311. Exemptions.
25
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1 The state predatory animal advisory board or the ADMB may
2 exempt persons from payment of the imposed fees when the
3 respective board determines that livestock as defined in
4 this act are permanently confined within pens or corrals
5 within incorporated city limits where animal damage control
6 activity by state or federal agencies is prohibited or
7 severely restricted.
8
9 11-6-312. Cooperative agreements generally.
10
11 The ADMB may enter into cooperative agreements with other
12 governmental agencies, counties, associations, corporations
13 or individuals for carrying out the purposes of this
14 article.
15
16 Section 2. W.S. 23-3-105(b) is amended to read:
17
18 23-3-105. Antelope, deer and elk coupons; payment to
19 landowner; kill on federal or state land.
20
21 (b) The landowner's coupon shall promptly be detached,
22 dated, signed and delivered to the landowner. The landowner
23 on or before February 1 following the year for which the
24 license was valid, shall deliver to the departmentWyoming
25 animal damage management board created by W.S. 11-6-303the
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1 coupon and an affidavit that the antelope, deer or elk for
2 which the coupon was delivered was killed on his land. Upon
3 receipt of the coupon and affidavit the department board
4 shall pay the landowner eleven dollars ($11.00) for each
5 coupon from an antelope, deer or elk license. Landowner's
6 coupons are not transferable. Any unauthorized person
7 attempting to collect any sum for any landowner's coupon is
8 guilty of a second degree misdemeanor.
9
10 Section 3. The legislature finds and declares that it
11 is important to the economy of the state to maximize
12 agricultural production and at the same time, to promote, to
13 protect and conserve the wildlife resources of the state.
14
15 Section 4. This act is effective January 1, 2000.
16
17 (END)
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