Wyo. Code R. 040-0001-29
Effective Date: 07/23/1998 to 08/27/2004
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.29.07231998
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 and Effective Date. The Wyoming Game and Fish Commission hereby adopts the following regulation governing the issuance and sale of Wyoming Interstate game tags. This regulation shall remain in effect until modified or rescinded by the Commission.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 agent' means the entity authorized by the Department to act for the purpose of selling and accounting for game tags. Game tag agent does not mean agency principal.
(d) 'Game tag sub-agent' means an individual in employ of, or responsible to, the game tag agent and authorized by the Department to sell game tags. Game tag selling sub-agents shall be accountable to the game tag agent for all aspects of proper transaction of sale and issuance of Interstate game tags.
(e) 'Game tag' means Wyoming Interstate game tag.
(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 agent who has secured approval from a Department enforcement officer may incorporate the Interstate game tag affidavit form on the agent'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 agent 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 agent 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 agent 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 agent without proper documentation, approval of a Department law enforcement officer shall be secured prior to the issuance of a game tag.
(d) Game tag agents shall account for all game tags which have been sold by the agent(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 agent on a form approved by the Department. Game tag agents shall deliver all 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 agent on or before January 10 of the year following for which the game tags were valid. Taxidermists who are game tag agents shall comply with the provisions of Wyoming Game and Fish Commission Regulation Chapter 36, Regulation Governing Taxidermists.
(e) The information required and the format of the Department's Interstate game tag affidavit shall not be altered.
(a) All game tag agents 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 agents and sub-agents shall be maintained on file by the Department. The Oath of Office for nonresident game tag agents 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 agents shall maintain true and correct records of game tags issued to the agent and sold by the agent and/or sub-agent on the premises of the entity from which the game tags are sold. Game tag agents 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 8. 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.
WYOMING GAME AND FISH COMMISSION
By:
HAL CORBETT PRESIDENT
Dated: July 20, 1998