Wyo. Code R. 040-0001-41
Effective Date: 04/09/2002 to 06/23/2008
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.41.04092002
AND WYOMING LIVESTOCK BOARD
Section 1. Authority. This regulation is promulgated by authority of W.S. 23-1-302, §11-6-302, §11-18-103, §11-20-101, and §11-20-202.
Section 2. Regulation and Effective Date. The Wyoming Game and Fish Commission and the Wyoming Livestock Board adopt the following regulation governing the designation of wild bison as wildlife. This regulation shall remain in effect until modified or repealed by the Commission and Board.
Section 3. Definitions. For the purpose of this regulation, definitions shall be as set forth in Title 23 and Title 11, Wyoming Statutes, and the Commission and Board shall also adopt the following definitions:
(a) “Absaroka wild bison management area” means all lands in Park, Hot Springs, Fremont and Teton Counties east of the Continental Divide, excluding lands administered by the Wind River Indian Reservation.
(b) “Board approved individual identification” means a permanent silver metal USDA/APHIS/VS ear tag, or a permanent orange, metal USDA/APHIS/VS Brucellosis Vaccination tag, or a permanent green, metal USDA/Wyoming tag placed in the right ear of the bison.
(c) “Jackson wild bison herd area” means all lands in Lincoln, Sublette and Teton Counties west of the Continental Divide, excluding Grand Teton National Park, Yellowstone National Park and the National Elk Refuge.
(d) “Privately owned” means the person claiming ownership of the bison shall exhibit, upon demand, documentation of proof of ownership that meets the approval of a representative of the Board.
(e) “Wild bison” means any bison that is found in the Absaroka wild bison management area or Jackson wild bison herd area that is not a privately owned bison.
Section 4. Bison Designated as Wildlife. Wild bison found in the Absaroka wild bison management area and Jackson wild bison herd area are hereby designated as wildlife.
Section 5. Bison Designated as Privately Owned. All bison in the State, excluding wild bison found in the Absaroka wild bison management area and the Jackson wild bison herd area, are hereby designated as privately owned or bison running at large.
Section 6. Removal of Privately Owned Bison.
(a) Any privately owned bison, as determined by the Board or its designee, found to be running at large outside the geographic area described as the Absaroka wild bison management area or the Jackson wild bison herd area shall be removed by the owner within forty-eight (48)
hours of a request from the Board or its designee. If the Board or its designee is unable to determine ownership, the Board or its designee may immediately destroy such bison.
(b) Any privately owned bison, as determined by the Board or its designee, found to be running at large within the geographic area described as the Absaroka wild bison management area or the Jackson wild bison management herd area shall be removed by the owner within forty-eight (48) hours of a request from the Board or its designee. If the privately owned bison is suspected of having been exposed to wild bison infected with brucellosis, the owner shall remove and quarantine the privately owned bison within forty-eight (48) hours of a request from the Board or its designee. The owner shall quarantine the bison away from all other bison or livestock until such time as the bison is determined to be brucellosis free. If the Board or its designee is unable to determine ownership of the bison or the owner fails to remove a privately owned bison running at large within forty-eight hours (48) of a request from the Board or its designee, the Board or its designee may destroy the bison.
Section 7. Marking of Privately Owned Bison. It shall be the responsibility of the owner of privately owned bison found in the geographic area described as the Absaroka wild bison management area and the Jackson wild bison herd area to identify the bison with Board approved individual identification.
Section 8. Removal of Wild Bison within the Absaroka Wild Bison Management Area and the Jackson Wild Bison Herd Area.
(a) If a wild bison poses a health threat to livestock as determined by the Board or its designee, the Board or its designee may order the Department to remove the wild bison immediately. The order may be in verbal form, but in all cases the Board or its designee shall forward the order in written form to the Department within twenty-four (24) hours of giving the Department the verbal order.
(b) If a wild bison poses an immediate threat to public safety or threatens improvements on private or public lands as determined by the Department, the wild bison may be removed by the Department.
(c) In the event a person claiming ownership of a bison shall, by written declaration, preclude the Department from complying with subsections (a) or (b) of this section, the person claiming ownership shall provide proof the bison is privately owned. When such proof is provided, the person claiming ownership shall comply with Section 7 of this regulation within twenty-four (24) hours immediately following verification of ownership.
(d) If a wild bison does not pose a health threat to domestic livestock as determined by the Board or its designee or does not pose an immediate threat to public safety or improvements as determined by the Department, the bison may be removed by the Department or its designee in accordance with Wyoming Game and Fish Commission Regulation Chapter 15, Wild Bison Recreational Hunting Season.
Section 9. Repeal of Regulation. Either the Commission or the Board may repeal this regulation upon ninety (90) days written notice to the other party.
Section 10. 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 that can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of this regulation are severable.
By
L. Gary Lundvall, President
Dated: February 21, 2002