Administrative Rule Review Report  #AR12-020

Legislative Service Office

26-Apr-12

AGENCY: Wyoming Game & Fish Department-Wildlife

DATE SUBMITTED: 4/26/2012

SUBJECT: Chapter 21, Gray Wolves Designated as Trophy Game Animals; Chapter 47, Gray Wolf Hunting Seasons

NATURE OF RULES:                   Legislative and procedural

STATUTORY AUTHORITY:        W.S. 23-1-108, 23-1-302, 23-1-304, 23-1-901 and 23-1-115.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of the new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date. 

SUMMARY OF RULES:

In 2011, the Governor reached agreement with the U.S. Fish and Wildlife Service concerning steps necessary to delist gray wolves in Wyoming from the Endangered Species Act.  In the 2012 Legislative Session, the Legislature passed “Senate File 41 – Wolf Management” which amended state statutes to allow this agreement to be effectuated.  These rules provide the details by which wolves will be managed in Wyoming, following the requirements laid out in statute.

The rules clarify where the Commission has management authority over gray wolves.  Those areas are defined in statute and are repeated in the rules.  Wolves are classified as trophy game animals year round in a defined area in northwestern Wyoming.  In addition, wolves are classified as trophy game animals from October 15 through the last day of February in the succeeding year in a defined area along the western border of Wyoming.

The rules provide that the Commission will manage seasons on wolves to ensure 10 breeding pairs and a total of 100 individual animals in the state, outside Yellowstone National Park and the Wind River Indian Reservation.  The rules provide that management will be done to ensure genetic diversity and connectivity with other wolf populations.  Genetic diversity will be monitored through the voluntary submissions of genetic samples from wolves killed as predatory animals and through submissions and collections of genetic samples from wolves otherwise killed or handled.

The rules provide for the issuance of lethal take permits for persons experiencing predation problems on livestock or private property.  Lethal take permits will be limited to specific geographic areas and will be limited to the taking of two wolves.  Wolves taken under a lethal take permit in trophy game areas shall be reported to the Department within twenty-four hours of the kill.

Chapter 47 of the rules sets the seasons and bag limits for gray wolves in areas where they are designated as trophy game animals.  For 2012, seasons generally run from October 1 through December 31 and authorize the issuance of up to 52 licenses throughout the area.  Hunters killing a wolf under one of these licenses are required to retain the pelt and skull from the animal which shall be presented to the department for biological sampling in unfrozen condition within five days after the harvest.  Persons killing wolves as predatory animals will be required to notify the department of the kill within ten days for population monitoring purposes.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Lynda Cook

Staff Attorney

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David K. Gruver

Assistant Director

LGC/cj