1999 State of Wyoming 99LSO-0311
HOUSE BILL NO. HB0136 [SUBSTITUTE NO. 1]
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 animal damage management as specified; creating the Wyoming
3 animal damage management board as specified; providing for
4 membership and funding as specified; amending related
5 provisions; providing legislative intent; providing an
6 appropriation; providing for reports; providing a sunset
7 date; and providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 11-6-301 through 11-6-312 are created
12 to read:
13
14 ARTICLE 3
15 WYOMING ANIMAL DAMAGE MANAGEMENT PROGRAM
16
17 11-6-301. Short title.
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1
2 This article may be cited as the "Wyoming animal damage
3 management program".
4
5 11-6-302. Definitions.
6
7 (a) As used in this article:
8
9 (i) "Board" means the Wyoming animal damage
10 management board (ADMB);
11
12 (ii) "Crop" or "agricultural crop" when not
13 otherwise defined by statute means corn, oats, wheat,
14 barley, flax, sorghums and other grains, potatoes,
15 vegetables, forage legumes, hay, and any other product of
16 cultivation, trees, bees, honey and hives;
17
18 (iii) "Damage" means any injury to or loss of
19 livestock, agricultural crops or wildlife inflicted by
20 predatory animals, predacious birds or depredating animals;
21
22 (iv) "Depredating animal" means any trophy game
23 animal or furbearing animal that causes damage;
24
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1 (v) "Furbearing animal" means badger, beaver,
2 bobcat, marten, mink, muskrat or weasel;
3
4 (vi) "Livestock" means horses, mules, cattle,
5 swine, sheep, goats, poultry, guard animals or any other
6 animal maintained under domestication. Bison are considered
7 livestock unless otherwise designated by the Wyoming
8 livestock board and the Wyoming game and fish commission;
9
10 (vii) "Person" means as defined by W.S.
11 8-1-102(a)(vi);
12
13 (viii) "Predacious bird" means English sparrow
14 and starling;
15
16 (ix) "Predatory animal" means coyote, jackrabbit,
17 porcupine, raccoon, red fox, skunk, wolf or stray cat;
18
19 (x) "Trophy game animal" means black bear,
20 grizzly bear or mountain lion;
21
22 (xi) "Wildlife" means all wild mammals, birds,
23 fish, amphibians, reptiles, crustaceans and mollusks, and
24 wild bison designated by the Wyoming game and fish
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1 commission and the Wyoming livestock board within this
2 state.
3
4 11-6-303. Animal damage management board (ADMB)
5 created; composition; appointment; terms; vacancies;
6 compensation.
7
8 (a) There is created the animal damage management
9 board for the purposes of mitigating damage caused to
10 livestock, wildlife and crops by predatory animals,
11 predacious birds and depredating animals or for the
12 protection of human health and safety. The board may
13 mitigate damage caused by depredating animals by and through
14 a memorandum of understanding with the Wyoming game and fish
15 commission. The board shall be composed of ten (10) members
16 appointed by 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), the United States fish and wildlife service
20 (USFWS) and United States bureau of land management (BLM)
21 shall serve as exofficio nonvoting members of the 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 director of the department of agriculture or
5 his designee shall serve as the ADMB's administrative
6 officer and carry out the ADMB's administrative functions.
7
8 (e) Except for the directors of the departments of
9 agriculture and game and fish, members of the board shall
10 hold office for staggered terms of four (4) years. For the
11 initial board, four (4) members shall be appointed for a
12 term of four (4) years, three (3) members shall be appointed
13 for a term of three (3) years, and three (3) members shall
14 be appointed for a term of two (2) years. Each appointed
15 member shall be limited to serving on the board for eight
16 (8) consecutive years, however, a member may be reappointed
17 after a four (4) year absence. Each member shall hold
18 office until his successor is appointed and has been
19 qualified. As terms of current ADMB members expire, the
20 governor shall appoint each new member or reappointed member
21 to a four (4) year term.
22
23 (f) When a vacancy occurs in the membership for any
24 reason, a replacement shall be appointed for the unexpired
25 term.
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1
2 (g) Attendance of five (5) members at a duly called
3 meeting shall constitute a quorum for the transaction of
4 official business. The ADMB shall convene at the times and
5 places prescribed by the chair.
6
7 (h) Members of the board who are not government
8 employees shall receive no compensation or benefits for
9 their services, but may receive per diem and expenses
10 incurred in the performance of the member's official duties
11 at the established state rate, to be paid from the animal
12 damage management account.
13
14 (j) Members may decline to receive per diem and
15 expenses for their service.
16
17 (k) State government officer and employee members who
18 do not receive salary, per diem, or expenses from their
19 agency for their service may receive per diem and expenses
20 incurred in the performance of their official duties from
21 the ADMB at the established state rate, to be paid from the
22 animal damage management account.
23
24 (m) State government official and employee members may
25 decline to receive per diem and expenses for their service.
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1
2 11-6-304. ADMB responsibilities; animal damage
3 management policy; rules; methods to manage predatory
4 animals, predacious birds and depredating animals; manner of
5 calling meetings; frequency.
6
7 (a) The ADMB is responsible for the formulation of the
8 damage prevention management policy of the state, and by and
9 through an executed memorandum of understanding (MOU) with
10 the Wyoming game and fish commission is responsible for
11 management of crop, livestock and wildlife damage done by
12 depredating animals and wildlife damage by predatory animals
13 and predacious birds. The ADMB in conjunction with its
14 responsibility may, consistent with the Wyoming
15 Administrative Procedures Act adopt rules to implement
16 policies administered by the ADMB. Nothing in this article
17 shall preempt the Wyoming game and fish commission authority
18 to manage wildlife or determine damage pursuant to any
19 provision in title 23.
20
21 (b) In its deliberations the ADMB shall:
22
23 (i) Entertain requests for assistance in order to
24 allow mitigation of predator damage;
25
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1 (ii) Specify programs designed to prevent damage
2 by predatory animals, predacious birds and depredating
3 animals to livestock, agricultural crops, wildlife,
4 property, human health and safety;
5
6 (iii) Provide various degrees of predatory
7 animal, predacious bird and depredating animal damage
8 management services to individual agricultural livestock and
9 crop producers, landowners, lessors or administrators, and
10 to urban, residential and industrial property owners.
11 Damage management services shall also be provided and
12 conducted for the benefit of wildlife populations and human
13 health and safety;
14
15 (iv) Specify methods for the prevention and
16 management of damage and for the selective control of
17 predatory animals, predacious birds and depredating animals;
18
19 (v) Maintain responsibility and appropriate funds
20 for the purpose of providing damage prevention and
21 management to agricultural livestock and crops, wildlife,
22 property, human health and safety caused by predatory
23 animals, predacious birds and depredating animals;
24
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1 (vi) Cooperate with federal, state and county
2 governments, educational institutions and private persons or
3 organizations to effectuate agricultural and wildlife damage
4 prevention policies;
5
6 (vii) Develop memorandums of understanding
7 between the Wyoming department of agriculture and the
8 Wyoming game and fish commission and the United States
9 department of agriculture, animal and plant health
10 inspection service, wildlife services (USDA/APHIS/WS) to
11 accommodate funding sources and administrative guidelines
12 for the program;
13
14 (viii) Consider any recommendations received from
15 the Wyoming game and fish commission and the Wyoming
16 department of agriculture.
17
18 (c) The ADMB shall conduct meetings in accordance with
19 its established policy, but shall meet at least once each
20 year in the month of January.
21
22 (d) The ADMB may adopt rules and regulations necessary
23 for carrying out the purpose and provisions of this article.
24 The ADMB may appoint employees and assistants as necessary
25 and fix their compensation. The ADMB may enter into
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1 cooperative agreements with boards of county commissioners,
2 predatory animal control districts, federal or state
3 agencies or other commissions, organizations or associations
4 for the purpose of managing predatory animals, predacious
5 birds and depredating animals.
6
7 (e) The ADMB may elect to provide various degrees of
8 predator damage management services to any other person
9 pursuant to a separately negotiated cooperative agreement.
10
11 11-6-305. Wyoming animal damage management board
12 funding; sources; methods of collection.
13
14 (a) Effective January 1, 2000, there is created a
15 "wildlife damage management" stamp. The stamp, issued at
16 licensed selling agents as designated by the Wyoming game
17 and fish commission may be purchased voluntarily. Proceeds
18 from the sale of the stamp, excluding twenty-five cents
19 ($.25) which the agent shall retain for each stamp sold,
20 shall be deposited by the state treasurer into the animal
21 damage management account created by W.S. 11-6-306. The
22 Wyoming game and fish commission shall retain such fees
23 related to those administrative costs which are required to
24 collect, account for and disburse these funds to the ADMB.
25
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1 (b) The purchase price for the stamp shall be
2 determined annually by the ADMB in whole dollar increments
3 and established at such a level to meet financial
4 obligations as budgeted.
5
6 (c) The ADMB may receive money for predatory animal,
7 predacious bird and depredating animal management from the
8 federal government, state appropriations, counties,
9 agencies, boards, associations, commissions, individuals and
10 any other cooperators, and may expend monies to purchase
11 supplies, materials, services, and to employ or contract
12 personnel for predatory animal, predacious bird and
13 depredating animal damage management. The ADMB may make
14 supplies, materials, services and personnel available to
15 cooperators at approximate cost.
16
17 11-6-306. Animal damage management account.
18
19 (a) There is created in the special revenue fund the
20 animal damage management account.
21
22 (b) Money received under W.S. 11-6-305 shall be
23 deposited by the state treasurer in the animal damage
24 management account to be appropriated for the purposes
25 provided in this article.
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1
2 (c) Any supplemental contributions received by the
3 department from livestock owners for predatory animal,
4 predacious bird or depredating animal damage management
5 programs shall be deposited into the animal damage
6 management account.
7
8 (d) The animal damage management account shall be
9 administered for the ADMB by the Wyoming department of
10 agriculture.
11
12 11-6-307. Board to request funding from game and fish
13 commission.
14
15 The board shall annually request one hundred thousand
16 dollars ($100,000.00) from the Wyoming game and fish
17 commission. These funds shall be expended for wildlife
18 priorities. The game and fish commission may provide
19 recommendations to the board regarding expenditure of these
20 funds.
21
22 11-6-308. District boards; relation to ADMB; duties
23 generally.
24
25 (a) Each predatory animal district board shall:
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1
2 (i) Exercise general supervision in determining
3 local priorities for the management of predatory animals and
4 predacious birds that prey upon and destroy livestock, other
5 domestic animals, wildlife and crops;
6
7 (ii) Devise and put in operation those methods
8 that best manage predatory animals and predacious birds;
9
10 (iii) Administer funds received to carry out the
11 animal damage management program;
12
13 (iv) Maintain existing financial and physical
14 resources;
15
16 (v) Provide input to the ADMB.
17
18 11-6-309. Predatory animal district participation with
19 the ADMB.
20
21 If the predatory animal district has elected to participate
22 in providing funding or upon approval of the ADMB, other in-
23 kind resources, to the animal damage management account, the
24 district may solicit funds or receive services from the ADMB
25 under separate negotiated agreement.
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1
2 11-6-310. Applicability of chapter.
3
4 This article, unless contrary to federal law, shall apply to
5 all federal, state and private lands.
6
7 11-6-311. Exemptions.
8
9 The state predatory animal advisory board or the ADMB may
10 exempt persons from payment of the imposed fees when the
11 respective board determines that livestock as defined in
12 this act are permanently confined within pens or corrals
13 within incorporated city limits where animal damage control
14 activity by state or federal agencies is prohibited or
15 severely restricted.
16
17 11-6-312. Cooperative agreements generally.
18
19 The ADMB may enter into cooperative agreements with other
20 governmental agencies, counties, associations, corporations
21 or individuals for carrying out the purposes of this
22 article.
23
24 Section 2. W.S. 11-6-210 by creating a new subsection
25 (k) and 23-3-105(b) are amended to read:
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1
2 11-6-210. Creation of predatory animal district fund;
3 predatory animal control fees; donations; appropriation by
4 county commissioners.
5
6 (k) In addition to the other fees imposed by this
7 section, any person paying the predator control fee may pay
8 an addition ten cents ($.10) per head to fund the predator
9 management activities of the Wyoming animal damage
10 management board created by W.S. 11-6-303. Any fees
11 collected pursuant to this subsection shall be deposited in
12 the animal damage management account created by W.S.
13 11-6-306.
14
15 23-3-105. Antelope, deer and elk coupons; payment to
16 landowner; kill on federal or state land.
17
18 (b) The landowner's coupon shall promptly be detached,
19 dated, signed and delivered to the landowner. The landowner
20 on or before February 1 following the year for which the
21 license was valid, shall deliver to the department the
22 coupon and an affidavit that the antelope, deer or elk for
23 which the coupon was delivered was killed on his land. Upon
24 receipt of the coupon and affidavit the department shall pay
25 the landowner eleven dollars ($11.00) for each coupon from
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1 an antelope, deer or elk license. Landowner's coupons are
2 not transferable. Any unauthorized person attempting to
3 collect any sum for any landowner's coupon is guilty of a
4 second degree misdemeanor. Effective January 1, 2000, the
5 department shall provide a checkoff box on each landowner
6 coupon affidavit claim form that offers the claimant the
7 opportunity to designate the animal damage management board
8 to receive his payment amount for landowner coupons claimed
9 on that form. For each claim made where the landowner has
10 designated their payment to the animal damage management
11 board, the department shall transfer that amount to the
12 animal damage management account created by W.S. 11-6-306.
13
14 Section 3. The legislature finds and declares that it
15 is important to the economy of the state to maximize
16 agricultural production and at the same time, to promote, to
17 protect and conserve the wildlife resources of the state.
18
19 Section 4. There is appropriated from the statutory
20 reserve account two hundred fifty thousand dollars
21 ($250,000.00) to the animal damage management account
22 created by W.S. 11-6-306 for the purposes of this act.
23
24 Section 5. This act shall be repealed on January 1,
25 2005. From the time of the effective date of this act until
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1 its repeal, the program authorized under this act shall
2 operate as a pilot project to investigate, test and refine
3 the concept of integrated predator management. The Wyoming
4 animal damage management board shall develop and establish
5 measurable goals and objectives. The board shall report to
6 the governor and the joint agriculture, public lands and
7 water interim committee and the joint travel, recreation,
8 wildlife and cultural resources interim committee on or
9 before December 31 of each year the pilot project is in
10 existence to determine the progress the board has made
11 toward achieving the goals and objectives it has
12 established.
13
14 Section 6. This act is effective July 1, 1999.
15
16 (END)
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