Wyo. Code R. 010-0005-14
General Agency, Board or Commission Rules
Chapter 14: Predatory Animal Control Regulations
Effective Date: 12/14/2022 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0005.14.12142022
Section 1. Authority. These regulations are promulgated in accordance with the authority provided in Wyoming Statutes §§ 11-6-104 and 11-6-105.
(a) The Federal Airborne Hunting Act, 16 U.S.C. § 742j-1, prohibits aerial hunting and harassing of birds, fish, or other animals with certain exceptions.
(b) Exceptions.
(i) The Airborne Hunting Act allows aerial hunting by persons who are acting within the scope of their official duties as an employee or authorized agent of a state or the United States to administer or protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops. The Department recognizes this exception and does not require those persons to obtain a permit from the Department.
(ii) The Airborne Hunting Act and related federal regulations also provide that a state may issue permits to persons to engage in aerial hunting or harassing of wildlife for purposes of administering or protecting land, water, wildlife, livestock, domesticated animals, human life, or crops, but not for the purpose of sport hunting. Except for the persons described in Section 2(b)(i), any person who seeks to engage in aerial hunting or harassing of rodents and predators must first obtain a permit from the Department.
(a) The Department will issue an aerial hunting permit to an applicant who:
(i) Meets the requirements of these regulations;
(ii) Submits a district approval form, provided by the Department, for each predator management district over which the applicant plans to conduct aerial hunting that is signed by either the president, vice president, or secretary-treasurer of the district's board;
(iii) Completes and submits the appropriate permit application; and
(iv) Submits the fee established in W.S. § 11-1-104(b)(i).
(b) Each predator management district board should regularly review applicant approvals and denials when it holds a meeting, and when it does, shall note in its meeting minutes:
(i) The name of all applicants who have sought approval from one of the board members since the last board meeting when applicant approvals and denials were reviewed;
(ii) Whether each applicant was approved; and
(iii) If approved, the name of the board officer who signed the district approval form.
(c) Types of aerial hunting permits.
(i) Aircraft permits. All aircraft that are used to hunt or harass rodents or predators must have a valid aircraft permit attached within the aircraft's cabin or within the physical possession of the pilot operating the aircraft.
(ii) Pilot permits. A valid pilot permit must be in the physical possession of any person who pilots an aircraft used to hunt or harass rodents or predators.
(iii) Gunner permits. A valid gunner permit must be in the physical possession of any person who shoots at rodents or predators while airborne.
(d) Permit requirements and limitations.
(i) After receiving a permit, a permittee who intends to conduct aerial hunting in an additional predator management district must submit to the Department a district approval form signed by either the president, vice president, or secretary-treasurer of that district's board. No fee is required for submittal of additional district approval forms. The permittee may not conduct aerial hunting in an additional district until the permittee receives from the Department written confirmation of receipt and verification of the signed district approval form.
(ii) A pilot or gunner permittee must produce a permit upon the request of any state law enforcement officer or any federal law enforcement officer who is authorized to enforce the Airborne Hunting Act.
(iii) No person shall conduct aerial hunting over private property unless the pilot permittee has physical possession of written permission of the owner or person in charge of the property.
(iv) A pilot permittee must produce written permission from the owner or person in charge of private property upon request of any state law enforcement officer or any federal law enforcement officer who is authorized to enforce the Airborne Hunting Act.
(v) Prior to conducting aerial hunting over federal lands, pilot permittees shall notify the appropriate federal land management agency of the area to be flown over.
(vi) State aerial hunting permits do not supersede or authorize the violation of any applicable trespass laws or regulations.
(vii) Unless revoked, permits are valid for up to one year and must be renewed on or before April 1 of each year by following the requirements in Section 3(a).
(viii) The pilot permittee must complete and submit by the fifth day of each month a monthly report to the Department on the Department's form unless the pilot permittee did not conduct aerial hunting during the previous month.
(e) If a hearing is requested, the Department shall schedule a time and place for the hearing.
(f) The Department shall notify the applicant of the time, date, and place of the hearing at least seven days before the hearing date.
(g) If prior to the hearing the applicant corrects the deficiencies and all other permit requirements have been met, the Department may issue a permit and cancel the hearing.
(h) The Department shall send all notices in this section by certified mail, return receipt requested.
(a) The Department may revoke all permits held by any person if:
(i) The permittee has forged a signature on a district approval form or made a materially false statement on a report;
(ii) The permittee failed to submit a complete report in accordance with Section 3(d)(viii);
(iii) The permittee has been convicted of violating any state game and fish law, any other law involving trespass while engaged in aerial hunting, or the Airborne Hunting Act, 16 U.S.C. § 742j-1; or
(iv) The permittee has violated these regulations.
(b) A permittee who has a permit revoked pursuant to Section 5(a)(i), (iii), or (iv) will be ineligible for a permit for one year from the date of revocation for a first offense and for five years from the date of revocation for a subsequent offense.
(c) If the Department decides to revoke a permit, the Department will provide the permittee with a revocation notice, which must state:
(i) That the permit shall be revoked 20 days after mailing of the revocation notice unless a contested case hearing is requested;
(ii) The reasons for revocation and citations to the applicable provisions of these regulations;
(iii) That the permittee may request a hearing by submitting a request to the Department within 20 days of the receipt of the notice of revocation;
(iv) The name and address of the Department representative to whom a request for a hearing may be made;
(v) That if a hearing is requested, the hearing shall be conducted by a hearing officer in accordance with the Wyoming Administrative Procedure Act, W.S. § 16-3-107 through -115, and the Department’s Rules of Practice and Procedure for Contested Case Hearings; and
(vi) That the permittee may appear in person or by counsel licensed to practice law in the State of Wyoming.
(d) The Department shall send all notices in this section by certified mail, return receipt requested.
(a) All hearings provided for in these regulations shall be conducted in accordance with the Wyoming Administrative Procedure Act and the Department’s Rules of Practice and Procedure for Contested Case Hearings.
(b) Appeal from any final order of the Department may be made as provided by the Wyoming Administrative Procedure Act.