Wyo. Code R. 040-0001-40
Effective Date: 12/08/1993 to 08/11/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.40.12081993
REGULATION GOVERNING COMMERCIAL GAME BIRD FARMS Section 1. Authority. These regulations are promulgated under authority of W.S. 23-1-101, 23-1-302, 23-5-103, 23-5-104, and 23-6-111.
Section 2. Regulation and Effective Date. The Wyoming Game and Fish Commission hereby adopts the following regulation governing game bird farms.
Section 3. Definitions. For the purpose of this regulation, definitions will be as set forth in Title 23, Wyoming Statutes and the Commission adopts the following definitions:
(a) 'Certificate of Veterinary Inspection' means an official health certificate. It shall be a legible record covering the requirements of the State of Wyoming as listed in Wyoming Game & Fish Commission Regulation Chapter X and as recorded on an official form from the state of origin and approved by the animal health official of the state of origin, or an approved form of the United States Department of Agriculture which shall be issued by an accredited licensed veterinarian. All certificates of veterinary inspection shall be issued to comply in all respects with requirements of the State of Wyoming. The certificate of veterinary inspection shall delineate the total number of game birds covered by the certificate. It shall indicate the health status of the game birds involved, including dates and results of required tests and vaccinations, the mailing addresses of the consignor and consignee, the origin of the game birds, their actual Wyoming destination, and an accurate description including proper taxonomic identification with genus and species names. It shall designate the individual game bird number, or similar individual identification of each game bird.
(b) 'Continuous Tract of Land' means one parcel of fee land, except as may be divided by a public road, highway or a railroad right of way, which is either entirely owned by the game bird farm licensee or which is fee land entirely controlled by a five (5) year lease or written agreement.
(c) 'Game Birds' means live birds and viable eggs of all grouse, partridge, pheasants, bob-white quail and migratory game bird species.
(d) 'Game Bird Certificate of Origin' means a sworn statement signed by the owner or manager of game birds originating from premises operated by them and that said premises are free of infectious, contagious or communicable diseases, including but not limited to Newcastle Disease, pullorum, avian cholera, avian tuberculosis, and duck viral enteritis and have been disease free for at least one (1) year.
(e) 'Holding Facility(ies)' or 'facility' means the physical structure designed to confine and handle live game birds. The holding facility shall be defined by legal description to the quarter/quarter section where live game birds shall be possessed and/or confined.
(f) 'Legal Fence' means a fence made of steel, concrete or sound wooden posts and three (3) spans of barbed wire not more than fifteen (15) inches or less than ten (10) inches apart, or two (2) spans of barbed wire with a wooden rail on top. Wooden posts shall be at least four (4) inches in diameter. Posts shall be set firmly in the ground at least twenty (20) inches deep, at no greater distance apart than twenty- two (22) feet between the posts or thirty-three (33) feet with at least two (2) iron or wooden stays between the posts. Stays shall be placed equal distance apart from themselves and the post on either side;
A post and board fence made of sound posts not less than four (4) inches in diameter set substantially in the ground not more than ten (10) feet apart, with three (3) boards sold as one (1) inch lumber eight (8) inches wide, and not more than eight (8) inches apart, securely fastened with nails or otherwise;
A four (4) pole fence with round poles not less than two (2) inches in diameter at the small end, with either upright or leaning posts not more than sixteen (16) feet apart, and securely fastened with nails, wires or otherwise.
All other fences made and constructed of boards, rails, poles, stones, hedge plants or other material which upon evidence is declared to be as strong and well calculated to protect enclosures, and is as effective for resisting breaching stock as those described in subsection (a) of this sections, shall be considered a lawful fence.
(g) 'Office of the Game and Fish Department' means Wyoming Game and Fish Department, Wildlife Division, whose mailing address is 5400 Bishop Boulevard, Cheyenne, Wyoming 82006.
(h) 'Posted as a Private Game Bird Farm' means the placement and maintenance of legible signs with the wording Private Game Bird Farm at all gates or cattle guards of roads entering the licensed game bird farm property.
(i) 'Quarantine' means a holding facility constructed to prevent contact between quarantined game birds and any other animals, to prevent escape of quarantined game birds, and to allow humane restraint and handling of quarantined game birds approved in advance by the Wyoming Game and Fish Department; or the period of time during which a game bird(s) is confined in a quarantine facility. 'Pre-Entry Quarantine' means a quarantine facility in the state of origin of game birds to be imported. The quarantine facility shall be approved in advance by the Wyoming Game and Fish Department or the Department's designated animal health official in the state of origin of game birds to be imported. Usually pre-entry quarantine is on the premises of origin. Pre-entry quarantine is always the last place of confinement immediately before game birds are shipped directly to Wyoming; or the period of time during which a game bird(s) is confined in a pre-entry quarantine facility. 'Post-entry quarantine' means a quarantine facility in Wyoming approved in advance by the Wyoming Game and Fish Department. Usually post-entry quarantine is on the premises of destination. Post-entry quarantine is always the first place of confinement after game birds are shipped directly to Wyoming; or the period of time during which a game bird(s) is confined in a post-entry quarantine facility.
Section 4. Application for License. Any person desiring to operate a game bird farm shall make application on forms provided by the Department. A map and legal description to the quarter section of all fee lands to be included in the game bird farm shall be provided. If fee lands are leased, a copy of the five (5) year lease agreement shall also be included with the application form.
Section 4(a). Certificate of Origin. Prior to importation of any game bird(s) from any out of state source, a game bird certificate of origin shall be completed and submitted to the Department. The sworn statement signed by the owner or operator of the out of state source verifies that game birds are originating from premises free of infectious, contagious, or communicable diseases and have been disease free for at least one (1) year. Diseases include but are not limited to Newcastle disease, pullorum, avian cholera, avian tuberculosis, and duck viral enteritis.
(a) The Department shall require a certificate of veterinary inspection for all game birds imported into Wyoming. The game bird farm licensee shall apply to the Department for copies of the inspection procedures to be followed and copies of the requirements of the Department as to the type of disease free certification which must be furnished. A copy of the certificate of veterinary inspection shall be forwarded immediately to the animal health official of the state of origin for approval and transmittal to the Wyoming State Veterinarian and Wyoming Game & Fish Department. A copy shall accompany and be in the possession of the driver or person in possession of game birds shipped into or in any manner transported into Wyoming. The certificate of veterinary inspection shall contain the names and addresses of the consignor and consignee, total number of game birds covered by the certificate, health status of the game birds involved including dates and results of required tests and vaccinations, the origin of the game birds, the Wyoming destination to where the game birds will be shipped, and an accurate description including proper taxonomic identification with genus and species names of the game birds. A certificate of veterinary inspection shall be valid for ten (10) days following date of inspection and issuance. certificate of veterinary inspection shall be issued to comply in all respects with the requirements of the State of Wyoming which are found in the Wyoming Game & Fish Commission Regulations, Chapter X.
(b) All game birds acquired, propagated, received, purchased, held, released, harvested or sold shall be maintained disease free in accordance with Department requirements. All facilities utilized in the game bird farm shall be maintained so as to prohibit the acquisition, spread, or transmittal of diseases. Game birds held in captivity which become diseased must immediately be destroyed or placed under the professional care of a licensed veterinarian and such incident reported immediately to the Wyoming Game and Fish Department by the game bird licensee. Department personnel may inspect facilities, and/or game birds to insure they meet disease free requirements. If facilities and/or game birds are found not to meet Department requirements, or if diseased game birds present a threat to the wildlife of the state, the Game and Fish Department may order such action as necessary, including quarantine or destruction of game birds, sterilization of enclosures and facilities, cessation of activities and disposal of the diseased game birds in a manner satisfactory to the Department. The Department may refuse to lift the quarantine or refuse to allow operation of the game bird farm until such time as the facilities and/or game birds meet disease free requirements. When it is shown the facilities and/or game birds meet disease free requirements, the Department may lift the quarantine.
Section 6. Holding Facilities. Before a license is issued to operate a game bird farm, Department personnel shall review the applicant's proposed holding facility (ies) taking into consideration the species applied for, the number of game birds requested, the welfare of the game birds to be possessed, the purpose(s) for which the game birds will be held, and to insure adequate protection for Wyoming's wildlife resources. Holding facilities shall be constructed to meet Department approval prior to importation and/or possession of live game birds.
Section 7. Notification and Disposition of Diseased Game Birds. The licensee or his/her authorized agent shall notify the Department within twenty-four (24) hours of having reason to believe that game birds held under a license pursuant to this regulation may have been exposed to or contracted a contagious disease or parasite. It shall be a violation of this regulation to remove game birds from the holding facility(ies) without prior authorization for the Department.
Section 8. Identification Requirements. Before a license is issued to operate a game bird farm, the applicant shall register with the Department the type of identifying leg or wing band to be placed on the game birds. The type of leg or wing band shall depend upon the type and age of the game bird. The Department shall make the final determination as to the suitability of the tag before attachment.
Section 9. Purchase of Game Birds Occurring on Proposed Game Bird Farm Lands. Upon the execution of a proper application for a game bird farm license where game birds occur on the lands to be utilized, the applicant shall pay the Department ten dollars ($10.00) for each game bird of the species to be licensed which are determined to be upon the lands initially licensed as a game bird farm.
Section 10. Release of Birds. Each licensee shall release a minimum of 100 game birds of the licensed species each year on the licensed premises. A release must be substantiated with written documentation and/or records. Licensees who sell but do not hunt licensed birds shall be exempt from the minimum release requirement.
Section 11. Records. A licensee shall maintain on the premises of the game bird farm or at his residence a legible, current, accurate, and complete records on forms provided by the Department of the species and the number of game birds received, shipped, purchased, reared, released, disposed of, killed, or sold. Records shall include names and addresses of all recipients, purchasers, suppliers, and hunters and the license number of all hunters and the date of each transaction. Records shall also include the number and species of game birds reared and released on the game bird farm. Records shall be produced upon demand of any Game and Fish Enforcement Officer. Records shall be submitted to the Wildlife Division District Supervisor in their respective district by April 15 of each year for activities which occurred during the term of the license.
Section 12. Inspection by Department Personnel. Any person issued a license under this regulation shall, during the term of the license and for a period of sixty (60) days after expiration of the game bird farm license, allow inspection of records, holding facilities, signing and game birds by Department personnel during reasonable hours.
Section 13. Disposal of Game Birds if License is not Renewed. Should a licensee fail to renew his/her license for any reason, all game birds held in captivity on the premises must be disposed of within sixty (60) days after expiration of the game bird farm license. After this sixty (60) day period, all game birds on the premises shall become property of the state and may be disposed of by the Wyoming Game and Fish Department in the best interest of the Department.
Section 14. Revocation of License. Failure to maintain required records, acquire game bird certificate of origin, acquire certificate of veterinary inspection or maintain disease free facilities and game birds is just cause for revocation of a game bird farm license by the Commission.
Section 15. Savings Clause. If any provision of these rules or their application to any person or circumstance are held invalid or in conflict with any other provision of these rules, the invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or applications and to this end the provision of these rules are severable.
BY: KEVIN F. DOOLEY PRESIDENT
Dated: October 29, 1993
Wyoming Game & Fish Department
GAME BIRD FARM RECORD -
PART 1
License No. __ Name of Licensee ____ Ad- dress ___ Year _
| SPECIES OF GAME BIRDS | |||
|---|---|---|---|
| NUMBER RECEIVED | |||
| DATE | RECEIVED OR PURCHASED | OR PURCHASED | NAME OF |
| SUPPLIER | ADDRESS OF SUPPLIER | ||
The following number and species of game birds were reared on my game bird farm during the year this report covers:
SPECIES
NUMBER
The following number of game birds were released on the licensed premises during the year this report covers:
SPECIES
NUMBER
The foregoing information consisting of Parts 1 and 2 are true records of my Game Bird Farm Operation.
Signature of Licensee
The original copy of this report shall be maintained on the game bird farm premises or at the licensee's residence. The original copy shall be submitted to the District Wildlife Division Supervisor by April 15 of each year.
GAME BIRD CERTIFICATE OF ORIGIN
TO:
The gamebirds listed below are originating from premises operated by me and such premises are free of infectious, contagious, or communicable diseases, including but not limited to, Newcastle disease, pullorum, avian cholera, avian tuberculosis and duck viral enteritis and have been free of said diseases for at least one year.
SPECIES OF GAMEBIRDS
Number
| _____ | _____ |
|---|---|
| _____ | _____ |
| _____ | _____ |
| _____ | _____ |
| _____ | _____ |
I do_ do not___ participate in the N.P.I.P. (National Poultry Improvement Program)
I swear the above statement and information are true and correct within the limits of my knowledge and that I am responsible for the care and distribution of the gamebird species shown above.
Date
SIGNATURE OF OWNER OR MANAGER
ADDRESS
CITY STATE ZIP
GAMEBIRDS SENT TO:
NAME
ADDRESS
CITY STATE ZIP