Wyo. Code R. 040-0001-29
Effective Date: 08/27/2004 to 09/12/2008
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.29.08272004
Section 1. Authority. This regulation is promulgated by authority of W.S. §23-1-302, §23-1-701, §23-2-101, §23-2-302, §23-3-106, §23-3-205, §23-6-111 and §23-6-207.
Section 2. Regulation. The Wyoming Game and Fish Commission hereby adopts the following regulation governing the issuance and sale of Wyoming Interstate game tags. The Commission authorizes the Department to develop and maintain policies, processes and procedures necessary to carry out the provisions of this Chapter. This regulation shall remain in effect until modified or rescinded by the Commission.
Section 3. Definitions. For the purpose of this regulation definitions shall be as set forth in Title 23, Wyoming Statutes and the Commission also adopts the following definitions:
(a) "Approved records" means invoice forms approved by the Department and/or Taxidermist Record forms supplied by the Department. (b) "Game specimen(s)" means big game animals, trophy game animals, small game animals, game birds and game fish and/or parts thereof. (c) "Game tag" means Wyoming Interstate game tag. (d) "Game tag distributor" means the entity authorized by the Department to act for the purpose of selling and accounting for game tags. Game tag distributor does not mean agency principal. (e) "Game tag sub-agent" means an individual in employ of, or responsible to, the game tag distributor and authorized by the Department to sell game tags. Game tag selling sub-agents shall be accountable to the game tag distributor for all aspects of proper transaction of sale and issuance of Interstate game tags.
(a) No individual shall issue a game tag prior to completion in triplicate of Wyoming Interstate Game Tag affidavit on a form provided by the Department and/or on a form approved by the Department. Any game tag distributor who has secured approval from a Department enforcement officer may incorporate the Interstate Game Tag affidavit form on the distributor's own business invoice. (b) The original copy of the affidavit form shall accompany any game specimen(s) or parts thereof which shall be shipped or transported. A game tag distributor may tag and ship any game specimen(s) of a nonedible nature that was taken outside of the State of Wyoming if the game tag distributor lists numbers of all tags attached to the game specimen(s) and completes information documenting origin of said game specimen(s) on approved record forms.
(c) The affidavit form shall be deemed null and void unless it has been properly completed and signed by the applicant and the game tag distributor or game tag selling sub-agent at the time of issuance of the game tag. In the event that an affidavit cannot be properly completed, or any imported game specimen has been received by a game tag distributor without proper documentation, approval of a Department law enforcement officer shall be secured prior to the issuance of a game tag.
(d) The information required and the format of the Department's Interstate game tag affidavit shall not be altered.
(a) Game tag distributors shall account for all game tags which have been sold by the distributor(s) and/or sub-agent(s) by providing to the Department the duplicate copy of the Interstate Game Tag Affidavit form and/or by providing to the Department a duplicate copy of the records of the game tag distributor on a form approved by the Department. Game tag distributors shall deliver a complete accounting of all game tags sold, unsold game tags, all fees, and completed affidavits from game tags which have been sold to the Department enforcement officer who issued the same to the game tag distributor on or before January 10 of the year following for which the game tags were valid. Taxidermists who are game tag distributors shall comply with the provisions of Wyoming Game and Fish Commission Regulation Chapter 36, Regulation Governing Taxidermists.
(b) Effective January 1, 2005, Game tag distributors shall receive a commission of one dollar and fifty cents ($1.50) for each game tag sold. Upon review and audit of each game tag distributor's annual report by the License Section of the Department, the game tag distributor shall be reimbursed for the amount of commission established in this subsection for each game tag sold.
(a) All game tag distributors and game tag sub-agents for game tags who issue game tags shall be required to execute an Oath of Office prior to the issuance and sale of game tags. The Oath of Office for resident game tag distributors and sub-agents shall be maintained on file by the Department. The Oath of Office for nonresident game tag distributors and sub-agents shall be maintained on file at the Wyoming Game and Fish Department, Wildlife Division Law Enforcement, 5400 Bishop Boulevard, Cheyenne, Wyoming, 82006.
(a) All game tag distributors shall maintain true and correct records of game tags issued to the distributor and sold by the distributor and/or sub-agent on the premises of the entity from which the game tags are sold. Game tag distributors shall allow inspection of business premises and records dealing with game tags during reasonable business hours by Department law enforcement personnel.
(a) Failure to abide by the provisions of this regulation shall be punishable as provided by Wyoming statutes for violations of Commission regulations.
Section 9. Savings Clause. If any provision of this regulation is held to be illegal or unconstitutional, such a ruling shall not affect other provisions of this regulation which can be given effect without the illegal or unconstitutional provision; and, to this end the provisions of this regulation are severable.
By: _______ M. Hale Kreycik, President
Dated: July 15, 2004