Wyo. Code R. 040-0001-31
Effective Date: 05/16/1996 to 12/02/1997
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.31.05161996
Section 1. Authority. These regulations are promulgated by authority of W.S. 23-1-302 and W.S. 23-1-701.
Section 2. Regulation and Effective Date. The Wyoming Game and Fish Commission hereby adopts the following regulations governing the appointment and operation of license selling agencies. These regulations shall remain in effect until modified or rescinded by the Commission.
Section 3. Definitions. All terms used herein are referenced to and adopted from definitions contained in Title 23 Wyoming Statutes, and the Commission also adopts the following definitions:
(a) License Selling Agent - The individual who is authorized by the Commission to act as its agent for purposes of selling and accounting for specified Wyoming hunting and fishing licenses, tags, stamps, and/or permits. The license selling agent shall be the agent of record and shall be ultimately accountable for all aspects of proper transacting of specified Wyoming Game and Fish business within the respective license selling agency.
(b) License Selling Agency - The business establishment and location that the Commission authorizes the license selling agent to conduct specified Wyoming Game and Fish business.
(c) License Selling Sub-agent - An individual in the employ of, or responsible to the license selling agent, and authorized by the Wyoming Game and Fish Department to sell specified Wyoming Game and Fish hunting and fishing licenses, stamps, tags, and/or permits. License selling sub-agents shall be accountable to the license selling agent for all aspects of proper transacting of specified Wyoming Game and Fish business.
(d) Sporting goods and equipment vendor- A business establishment that demonstrates a bona fide and good faith commitment to providing the community a retail outlet for hunting, fishing and camping equipment excluding foodstuffs and motorized vehicles.
(e) Remote location - The physical location of a business establishment which is fifteen (15) miles from an existing Game and Fish license selling agency.
(f) Special Limited License Selling Agency - A business establishment that is authorized or directed to sell specified licenses and/or stamps on the basis of a specialized need as determined by the Department. For example, fish only license selling agency is a Special Limited License Selling Agency that is authorized to sell only fishing licenses and conservation stamps.
(a) After a license selling agent has received and signed for licenses, stamps or tags on a license inventory charge document, the Wyoming Game and Fish Department will assume no liability for licenses, license books, stamps, tags or license fees lost, stolen or destroyed. The license selling agent is liable to the Wyoming Game and Fish Department for the cash value of any licenses, stamps, tags or license books that are lost, stolen or destroyed. All license books, stamps and tags remain the property of the Wyoming Game and Fish Department. The license selling agent is responsible for actions of any sub-agent authorized to sell Wyoming Game and Fish licenses at the respective establishment.
(a) License selling agents and sub-agents must ensure that all required information is provided on the license form.
(b) Resident licenses must be signed at the time of purchase, by the person whose name appears on the license and in the presence of the license selling agent or sub-agent. A license may also be issued upon presentation of a Game and Fish Department authorized application form, properly completed bearing the applicant's signature.
(c) For the purpose of conveying hunting and fishing privileges in the State of Wyoming, only official Wyoming Game and Fish license forms may be sold.
(d) Under no circumstances may a license selling agent or sub-agent alter the printed form of any Game and Fish license, stamp and/or tag. This includes adding anything other than information required by the license form. Any altered license, stamp and/or tag is void.
(e) License issue date may not be predated or postdated. Unless otherwise specified, all hunting and fishing licenses, stamps, tags and permits are valid only during the calendar year printed on the respective form. Some licenses provide for a specific period of validity on the license forms.
(f) Once removed from the license selling agency, hunting or fishing licenses, stamps and/or tags may be cancelled only under the written authority of a Game and Fish Department Law Enforcement Officer or the License Sales and Accounting
Manager.
(g) Unsold licenses, stamps and/or tags may not be removed from the Agency to which they were issued without written authority of the District Game Warden, Regional Wildlife Supervisor or the License Sales and Accounting Manager.
(a) Licenses or stamps may be voided in accordance with established Wyoming Game and Fish Department procedure. The procedure for voiding any license, stamp tag or permit shall include, but not be limited to: The word "VOID" written or stamped across the face of the document, the document number, license number issued in lieu of the voided license (if applicable), void date, reason for the void and signature of the agent, sub-agent or employee voiding the document.
(a) Approved license selling agents shall complete, sign and return the appropriate Oath of Office Form to the Wyoming Game and Fish Department - License Sales and Accounting Section. Approved license selling sub-agents shall complete, sign and send the appropriate sub-agent approval & Oath of Office form to the Game Warden responsible for that agency as prescribed by Department procedure.
(b) Not more than eight (8) persons may sign Oath of Office Forms and be designated as sub-agents within any one license selling agency, without prior approval of the License Sales and Accounting Manager and Game Warden.
(c) Persons who have not been approved by the Commission or Department as prescribed in established procedure are prohibited from selling Wyoming Game and Fish licenses, stamps and/or tags.
(a) The designated license selling agent is required to verify all license books, stamp books and/or tags received from the Game and Fish Department. Such verification must be completed on a License Inventory Charge Document furnished by the Game and Fish Department. This form must be signed and returned within ten (10) days from receipt.
(a) Monthly License Reports shall be prepared in duplicate on forms provided by the Wyoming Game and Fish Department. The original copy is to be mailed with all fees collected to the Department with the license selling agent retaining the duplicate copy. Sub-agents or business names cannot be used on License Reports.
(b) Each appointed license selling agent will be assigned an account number by the Department. This number must be used on all transactions concerning the license selling agency.
(c) If no licenses, stamps or tags are sold during the month, the license selling agent shall submit a report indicating no sales.
(d) Under no circumstances may the pink copy of a license, or stamp be removed from the license book.
(a) With the exception of big or trophy game and wild turkey licenses, any lost or destroyed Wyoming hunting and fishing licenses may be replaced by either purchasing another license or a 'Duplicate License'. A 'Duplicate License' is required for the replacement of lost or destroyed big or trophy game and wild turkey licenses.
(b) A duplicate license affidavit form must be properly completed by the licensee and by the license selling agent that issued the original license.
(c) License selling agents may not charge fees for any service related to Wyoming Game and Fish license or stamp sales other than that established by Wyoming Statute.
(a) All Wyoming Game and Fish license selling agencies are subject to audit of any and all records and documents relating to hunting and fishing license, stamp and/or tag sales. These audits may be conducted without prior notification by a Department representative authorized by the Chief Fiscal Officer. Any audit of records also extends to records, documents and other writings in possession or custody of accountants, lawyers or agents.
(a) Business establishments will be evaluated and classified through an application process as either a sporting goods and equipment vendor or a non-sporting goods and equipment vendor based on the definitions provided in Section 3 of this Chapter.
(b) Sporting goods and equipment vendors as defined in Section 3 of this Chapter shall be given preference in appointment as a license selling agency. Upon receipt of a qualified application, sporting goods and equipment vendors shall be appointed above quotas as listed in Appendix A of this Chapter.
(c) Special limited license selling agents as defined in Section 3 of this Chapter shall be appointed above quotas as listed in Appendix A of this Chapter.
(d) The Wyoming Game and Fish Commission shall regulate the maximum number of license agencies in each Game Warden District as described in Appendix A of this Section. The Commission may change the number of agencies within a District based on a demonstrated need.
(e) Notwithstanding Section 12 (b-c) of this Chapter, applications for vacant non-sporting goods and equipment license agency positions, that the Department elects to fill, shall be solicited for by public notice in statewide and/or local news media.
(f) Applications for license selling agencies must be submitted on forms supplied by the Wyoming Game and Fish Department - License Sales and Accounting Section.
(g) Untimely applications will not be considered by the Wyoming Game and Fish Department.
Section 13. Criteria for Appointment of In-State License Selling Agencies.
(a) Sporting goods and equipment vendors as defined in Section 3 of this Chapter will be appointed by the Commission.
(b) Non-sporting goods and equipment vendors will be appointed on a competitive basis using the following criteria:
(i) Availability of an agency position in a Warden District as provided in Section 12 of this Chapter.
(ii) Consideration of the applicant's ability to satisfy all conditions as provided below:
(A) Proximity to Existing Agencies - Agencies will be considered for appointment on the basis of their physical location in relation to existing agencies.
(B) Public Service - Consideration will be given to an applicant's ability to provide at least, but not necessarily limited to the following services to the license buyer:
1. Knowledgeable, reliable and personalized information on wildlife associated recreation.
2. Products and services normally associated with wildlife related recreation.
3. Optimum period of operation.
4. Customer service consistent with the Department's goals and objectives.
License selling applications may be denied if it is determined that the establishment of the agency will adversely affect the stability of an existing agency.
(a) Applications for license selling agencies which are located in states contiguous with Wyoming, will be reviewed by the Wyoming Game and Fish Department on a case-by-case basis.
(i) The District Game Warden, through the Regional Wildlife Supervisor, will notify the Chief Fiscal Officer of the possible need to establish an out-of-state license selling agency.
(ii) Applicants for out-of-state license selling agencies shall complete the standard application form and consideration for approval of the agency will generally, but not necessarily be limited to, criteria set forth in Section 13 of this Chapter.
(iii) Out-of-state agencies will be authorized to sell licenses as listed below.
(A) Nonresident Fishing (B) Tourist Fishing (C) Nonresident Game Bird (D) Nonresident Small Game (E) Conservation Stamps (F) Reciprocity Stamps (G) Nonresident Archery
(a) Within thirty days of appointment, all new license selling agents shall be notified of a schedule date and required to travel to the Wyoming Game and Fish Headquarters in Cheyenne at their expense to pay the annual bonding fee as prescribed by W.S. 23-1-701, attend a License Selling Agency Orientation and Training Seminar, and pick up their initial license allocation. At any time, a license selling agent may be required to travel at his or her expense to the Department Headquarters to attend remedial training at the direction of the License Sales and Accounting Manager.
(a) A Wyoming Game and Fish license selling agency may be transferred to a new owner of the same business establishment or to another location of the same business establishment only upon approval of the Chief Fiscal Officer and the District Game and Fish Commissioner, following favorable recommendation by the respective District Game Warden, Regional Wildlife Supervisor, and the License Sales and Accounting Manager.
(a) The Chief Fiscal Officer, with concurrence from the responsible District Commissioner, may cancel license selling agencies on the basis of recommendation of the License Sales and Accounting Manager, noncompliance with Wyoming Statute or Commission Regulation, or any agency which is determined to be non-beneficial in the service to the public or Wyoming Game and Fish Department.
(i) Any license selling agent's application submitted for annual renewal shall not be accepted if their license and stamp sales in the preceding year falls below $1,000 and that agent is not defined as a remote or fish only license selling agent.
(b) Upon cancellation, the agency shall immediately cease selling licenses, stamps and/or tags. The Chief Fiscal Officer shall direct License Sales and Accounting Section personnel to travel to the cancelled agency location and along with the Game Warden, perform an audit of, and pick up the corresponding sales records, licenses, stamps and/or tags. If requested, the agent shall be entitled to a hearing before the Game and Fish Commission. Request for the hearing must be made in writing to the Chief Fiscal Officer within ten (10) business days after receipt of the notice of cancellation. Upon receipt of the request for hearing, the Chief Fiscal Officer shall schedule the cancelled agent to appear in front of the Commission at the next regularly scheduled Commission Meeting.
(a) It is the intent of this regulation to carry out the provisions of Wyoming Statute 23-1-302 and 23-1-701 by providing policies, procedures and processes to appoint license selling agents throughout the state that enhance our ability to serve the license buying public.
(b) In the appointment of these agencies, the Commission gives preference to sporting goods and equipment vendors because they foster the purpose and mission of the Game and Fish Department as follows:
(1) serve the same customer;
(2) the public generally expects to purchase hunting and fishing licenses at sporting goods and equipment vendors;
(3) the ownership, management and employees of sporting goods and equipment vendors are more knowledgeable in the application of hunting and fishing products, services, and related rules and regulations; and (4) the ownership, management and employees of sporting goods and equipment vendors keep current with hunting and fishing issues through various information resources and networking.
The Department shall develop and maintain policies and procedures necessary to carry out the provisions of this chapter.
WYOMING GAME AND FISH COMMISSION
Dated: March 19, 1996
By: DAN KENNEDY, PRESIDENT
| WARDEN DISTRICT | TOTAL AGENTS | WARDEN DISTRICT | TOTAL AGENTS |
|---|---|---|---|
| Casper (East) | 6 | Cokeville | 2 |
| Casper (West) | 5 | Afton | 8 |
| Kemmerer | 4 | ||
| Cheyenne | 9 | ||
| Douglas | 5 | ||
| Sheridan | 12 | Glenrock | 3 |
| Dayton | 3 | ||
| Lusk | 3 | ||
| Green River | 7 | ||
| Rock Springs | 7 | Thermopolis | 3 |
| Baggs | 2 | ||
| Buffalo | 7 | ||
| Laramie (North) | 3 | Kaycee | 2 |
| Laramie (South) | 4 | ||
| Gillette (North) | 4 | ||
| Gillette (South) | 4 | ||
| Saratoga | 8 | ||
| Medicine Bow | 3 | Moorcroft | 4 |
| Rawlins (East) | 5 | Sundance (North) | 4 |
| Rawlins (West) | 4 | Sundance (South) | 3 |
| Elk Mountain | 3 | ||
| Mountain View | 4 | ||
| Torrington | 7 | Evanston | 5 |
| Wheatland | 7 | ||
| Ten Sleep | 3 | ||
| Greybull | 5 | Worland | 6 |
| Lovell | 3 | ||
| Newcastle | 4 | ||
| Dubois | 5 | ||
| Riverton (North) | 4 | Jackson (North) | 8 |
| Riverton (South) | 4 | Jackson (South) | 7 |
| Lander | 8 | Alpine | 6 |
| Pinedale (North) | 3 | ||
| Powell | 9 | Pinedale (South) | 5 |
| Cody (North) | 4 | Big Piney | 2 |
| Cody (South) | 2 | Meeteetse | 1 |