Wyo. Code R. 040-0001-34
Effective Date: 12/02/1997 to 07/23/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.34.12021997
Section 1. Authority. This regulation is promulgated by authority of W.S. §23-1-302.
Section 2. Regulation and Effective Date. The Wyoming Game and Fish Commission hereby adopts the following regulation governing depredation prevention hunting seasons. This regulation shall remain in effect until modified or rescinded by the Commission.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) 'Harvest year' means twelve (12) consecutive months beginning November 1 of each year through October 31 of the following year.
Section 4. Hunting Seasons Established. There may be depredation prevention hunting seasons for big game animals causing damage to land, growing cultivated crops, stored crops, seed crops, improvements or causing extraordinary damage to grass; or trophy game animals causing damage to livestock, and bees and/or honey and hives from November 1 through October 31, as established under Section 5 through Section 10 of this regulation.
Section 5. Establishment of Areas. The Chief Game Warden through his designee shall verify and determine the extent of alleged damage and shall, with the written consent of the District Commissioner and the private landowner(s) involved, designate the area to be opened to hunting, the opening and closing dates of the hunt, the maximum number of licenses to be issued, the number, sex and species of big or trophy game animals to be taken and any applicable firearm and/or weapon type restrictions.
Section 6. Supervision of Hunters. Hunting shall be done under the supervision and/or direction of Department personnel and/or the cooperating landowner(s) or the landowner(s)'s agent(s). Department personnel shall accompany hunters when it is deemed necessary to accomplish the desired goals of the depredation prevention hunting season or when other factors require the presence of Department personnel with the hunter.
(a) Applications shall be made on proper application forms to the Game and Fish Regional Office(s) listed in this section in the Game and Fish wildlife administrative region where participation is desired. For the period November 1, 1997 through October 31, 1998, applications on file at the time this regulation becomes effective shall be utilized to establish priority list(s). Commencing July 15, 1998, applicants shall apply annually beginning July 15 to be included on priority lists. Applications shall be received by 5:00 PM, October 31. Applicants shall make separate application for each species. The priority lists shall remain in effect for a twelve (12) month period beginning November 1 each year.
Casper Regional Office - 3030 Energy Lane, Suite 100, Casper, WY 82604
Cody Regional Office - 2820 State Hwy 120, Cody, WY 82414 Green River Regional Office - 351 Astle, Green River, WY 82935 Lander Regional Office - 260 Buena Vista, Lander, WY 82520 Laramie Regional Office - 528 So. Adams, Laramie, WY 82070 Pinedale Regional Office - Box 850, Pinedale, WY 82941 Sheridan Regional Office - Box 6249, Sheridan, WY 82801
(i) Selection for ranking and name placement on depredation prevention priority lists shall be determined by random selection. However, if sufficient numbers of applications have not been received during the application period from which to recruit the desired number of hunters, applications shall be accepted by the Department on a first come, first served basis until such time that sufficient numbers of applications exist from which to recruit the desired number of hunters.
(ii) Applicants on the priority list(s) shall be notified by telephone of a depredation prevention hunting season in the order of their priority ranking when the Department determines a depredation prevention hunting season may be held. Department personnel must speak directly to the applicant during the notification call. A minimum of one attempt by telephone shall be made to contact and notify any individual applicant. If an individual on the depredation prevention priority list cannot be contacted, the next individual on the list shall be notified and those who could not be contacted shall retain their position on the list. An applicant who declines participation in a depredation prevention hunting season may have his/her name removed from the list. When applications are accepted on a first come, first served basis, hunters shall be allowed to participate in a depredation prevention hunting season on a first come, first served basis. Individuals who participate in a specific depredation prevention hunting season and who are unsuccessful may remain on the list; but, they shall not participate in another separate depredation prevention hunting season for the same species in the same wildlife administrative region in the same harvest year until all others on the priority list have had an opportunity to hunt. Any hunter who participates in a depredation prevention hunting season and who refuses to take an available animal shall not be allowed to continue to participate in the hunt and the hunter's name shall be removed from the priority list.
(iii) In emergency situations though sufficient numbers of applicants may exist on priority lists, a first come, first served basis of hunter selection shall be used. Emergency situations shall be determined by the Regional Wildlife Supervisor. The Regional Wildlife Supervisor shall determine if an emergency situation exists by taking into consideration such facts as, but not limited to the following: the amount of time needed by the potential hunter to travel to the location of the hunt; whether the hunter has special equipment, such as a snow machine, that may be needed in order to reach the location of the hunt; current weather conditions that may influence the distribution of wildlife to be harvested.
Section 8. Licensing. Licenses for big or trophy game animals shall be available to applicants who have been notified and agree to participate in a depredation prevention hunting season. Depredation prevention hunting season licenses and conservation stamps shall be obtained prior to participating in any hunt under this regulation. Licenses shall be issued on a calendar year basis. A hunter shall possess a license valid for the current year in order to participate in a depredation prevention hunting season.
Section 9. Bag Limits. The bag limit for any individual participating in a depredation prevention hunting season shall not exceed more than one big and/or trophy game animal of each species during any one harvest year. Any big or trophy game animal taken under this regulation shall be in addition to the bag limit established by Commission regulations in Chapter 2 for elk, deer and antelope, in Chapter 3 for black bear and in Chapter 42 for mountain lion. Participation in any depredation prevention hunting season for those species under this regulation shall not deny an individual the privilege of hunting in seasons established in Chapter 3 Black Bear Hunting Seasons, Chapter 5 Antelope Hunting Seasons, Chapter 6 Deer Hunting Seasons, Chapter 7 Elk Hunting Seasons and Chapter 42 Mountain Lion Hunting Seasons. Any moose, sheep, mountain goat or grizzly bear license issued under this regulation shall be subject to statutory limitations as defined by W.S. §23-1-703(c).
Section 10. General Regulations. All Commission regulations and statutes shall apply to the taking of big or trophy game animals during a depredation prevention hunting season unless specifically exempted by this regulation. The Department may restrict firearms and/or weapon types for public safety concerns.
Section 11. Savings Clause. If any provision of these regulations shall be held to be illegal or unconstitutional, such a ruling shall not affect other provisions of these regulations which can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of the regulations shall be severable.
WYOMING GAME AND FISH
COMMISSION
BY: MIKE HUNZIE PRESIDENT
Dated: October 27, 1997