Wyo. Code R. 040-0001-44
Effective Date: 12/11/1995 to 05/16/1996
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.44.12111995
Section 1. Authority. These regulations are promulgated by authority of W.S. 23-1-302, 23-1-703, 23-1-705, 23-2-101, 23-2-201 and 23-3-403.
Section 2. Definitions. For the purpose of this regulation, definitions contained shall be as set forth in Title 23, Wyoming Statutes, and the commission also adopts the following definitions:
(a) Area Turkey License - a wild turkey license which is unlimited in number and valid only in a specific hunt area for a specific sex of turkey during a specified time period.
(b) Completed Application - all required portions of the application except Social Security number filled in with correct applicant information and desired hunting license specifications. This includes the applicant's signature for residents, and for nonresidents, the applicant's signature or signature of the person submitting the application.
(c) General License - a big or trophy game license valid in any hunt area which is not limited by quota. General licenses are valid only under species, sex, age class and harvest limitations which are in effect for each hunt area.
(d) Landowner's Immediate Family - Landowner's spouse, children or parents of the landowner.
(e) Limited Quota License - a license limited in number and valid only in a specified area or a portion of an area, for a specified sex, age, class or species of big or trophy game or wild turkey during specified season dates.
(f) Limited Quota Youth, Area Youth or General Youth License - as defined in Section 2(a)(c)(e) above, except that these licenses are restricted to resident and nonresident youths between their 14th and 18th birthdays.
(g) Member of a Corporation - an officer or member of the board of directors or shareholder of a corporation in good standing authorized to do business in the State of Wyoming by the Secretary of State.
(h) Party - A group of hunters who apply together for hunting licenses of the same species, area and type, with expectations of receiving the same treatment in processing of their applications and receiving the same drawing results. For purposes of this regulation, a Party does not include anyone else regardless of whether or not they may accompany the party of hunters during the hunt.
(i) Party Application - A group of applications in which all applicants specify the same species, hunt area and type in the same order of preference, and where they all shall expect the same processing and draw results.
(j) Proper Application Form - The authorized current form or photocopy of the form provided by the Game and Fish Department.
(k) Proper Fee - cash or a negotiable instrument as set forth by W.S. 34. 1-3-104, which results in payment in full to the Wyoming Game and Fish Department, of U.S. dollars in the amount specified by law and/or regulation, for the respective license, stamp, tag, permit or certificate.
(l) Special Nonresident Elk, Deer or Antelope License - those licenses having a fee greater than that of a regular nonresident elk, deer or antelope license as defined in W.S. 23-2-101 (i)(ii)(iii).
Section 3. Landowner Licenses - The intent of the Wyoming Game and Fish Commission in authorizing the issuance of landowner licenses is to provide the opportunity for a landowner or member of his/her immediate family to hunt antelope, deer, elk and/or wild turkey on the landowner's property in cases where all licenses available for a hunt area are totally limited in number and only available through a competitive drawing. In the case of resident license availability, no landowner licenses will be authorized if hunting for the species with a general license is allowed at any time during the regular hunting season. In the case of nonresident license availability, landowner licenses will be authorized if hunting with a general license is allowed in the hunt area, since all nonresident big game licenses are totally limited in number to be issued.
(a) Resident or nonresident landowners or corporations or members of their immediate families that own land in Wyoming may be issued licenses upon application and payment of the specified fee. Landowner licenses may be issued without participating in a competitive drawing, unless the number of landowner license applicants exceeds the number of licenses authorized for the hunt area by the commission. In such cases, a competitive drawing shall be utilized to determine successful landowner license applicants.
(b) In order to qualify for a license issued under this section, the deeded land of the landowner or corporation must be located in the hunt area for which applied, must consist of a minimum of 160 contiguous acres in Wyoming and must be utilized by the type of big game or wild turkeys for which applied, to the extent the land provides food, cover and water. The applicant must exhibit that the species of wildlife for which the license application has been made, utilized the described land for a minimum of 2,000 days of use during the twelve (12) month period immediately preceding the date of the application. Applications for landowner license shall be submitted to the game warden or regional supervisor whose geographic district includes the land that is listed on the application for the landowner license.
(c) Landowner license applications are limited to the following species: antelope, deer, elk and wild turkey. A maximum of two licenses per species may be issued to landowner, corporations or members of their immediately family, regardless of the number of land holdings owned. As an example: If landowner 'A' owns land in antelope hunt area 1 and antelope hunt area 2, the landowner, corporation or members of their immediate family shall only be qualified to apply and receive a maximum of two antelope licenses. One license could be for hunt area 1, and one license for hunt area 2, or two licenses for hunt area 1, or any combination as long as the total number of licenses does not exceed two. In no case may one individual apply for or receive more than one landowner license per species.
(d) In the case of landowner licenses applied for by a member of a corporation, the application must be accompanied by a letter signed by an officer of the corporation authorizing the member to apply for and receive the license. Applications from corporate members received without the letter may be rejected.
(e) Landowner licenses shall be only issued in hunt areas where licenses are totally limited in number and are only available to applicants by competitive drawing. As an example: If a landowner can hunt on his/her property at sometime during the regular hunting season with a general license for the species for which applied, no limited quota license shall be issued as a landowner license. Example: If deer hunt area 65 has general licenses and limited quota licenses, no resident landowner licenses will be authorized since the landowner can obtain a general license. In such cases, landowner applications from nonresidents shall only be accepted for general licenses; they will not be accepted for limited quota licenses, since the nonresident may apply for a general license. In this fashion, resident and nonresident landowners are offered the same opportunities in the same hunt.
Section 4. Pioneer Licenses. Any resident person qualified to receive a pioneer license shall apply to the Wyoming Game and Fish Department Cheyenne Headquarters Office, on forms prescribed by the Department. Limited quota licenses for elk, deer and antelope shall be applied for as described in Section 5 of this chapter.
Section 5. Resident Licenses and Drawings. Completed applications for resident licenses accompanied by the proper fee will be accepted at the Cheyenne office of the Department per the schedule in Section 8 of this chapter. Resident applications must be made on a proper and completed application form.
(a) In circumstances where the demand of a particular type of license exceeds the supply, a competitive drawing shall, when feasible, be employed to determine successful applicants.
(b) No person shall apply for or receive more than one license for each big game or trophy game species during any one calendar year, except as otherwise provided by regulation.
(c) No person shall apply for or receive more than one spring wild turkey license and one fall wild turkey license in any one calendar year, except as otherwise provided by regulation.
(a) Eighty percent (80%) of each year's total available limited quota deer, antelope and wild turkey licenses, and eighty-four percent (84%) of each years total available limited quota elk licenses shall initially be offered to residents in the regular drawings. In those instances where the regular resident drawings occur first, any limited quota licenses not taken in those drawings may be added to the quota of subsequently held regular nonresident drawings, if the number remaining exceeds 25% of the total licenses authorized. In those instances where nonresident drawings are held first, any limited quota licenses not taken in those drawings may be added to the quota of the subsequently held regular resident drawings.
(b) Limited quota elk, deer and antelope licenses that remain unissued after all regular drawings have been conducted, shall be made available only to residents, until the last regular business day in July of each year. All resident applications for leftover licenses received by the Department prior to the last regular business day in July will be issued licenses in the order they are processed or until license quotas have been reached. All resident applications for leftover elk and deer licenses received by the Department after the last regular business day in July will be entered into the leftover drawings. Resident applications for leftover antelope licenses will continue to be accepted to the end of the applicable seasons or until quotas have been reached. Submission of an application either through the mail or hand delivered shall not guarantee a license.
(c) Both resident and nonresidents may apply for the leftover drawings of any limited quota elk and deer licenses remaining unissued after July 31st of each year. Applications for the leftover drawing shall be accepted from August 1st or the next regular business day, to August 10th or the next regular business day.
(d) Nonresidents may apply for leftover antelope licenses during the period August 1st or the next regular business day until the end of the applicable hunting seasons or quotas have been reached. All applications shall have licenses issued in the order they are processed or until quotas are reached. Submission of an application either through the mail or hand delivered shall not guarantee a license.
Applications for nonresident big game, nonresident special big game and wild turkey licenses accompanied by the proper fee will be accepted at the Cheyenne office of the Department per the schedule presented in Section 9 of this chapter. Applications must be made on a properly completed application form and be accompanied by the proper fee. Personal checks from nonresidents shall not be accepted by the Department for any licenses issued after the regular drawings, sold over the counter or for doe/fawn licenses sold through Game and Fish Department Offices.
(a) In circumstances where the demand for a particular type of license exceeds the supply, a competitive drawing shall, when feasible, be employed to determine successful applicants.
(b) A quota of 7,250 nonresident elk licenses shall be made available to nonresident applicants in the competitive drawings each year. The license types comprising that limit shall be determined by the Wyoming Game and Fish Commission. Leftover limited quota elk licenses from the competitive drawings depicted in Section 6 of this chapter may be made available to nonresidents in addition to the limit of 7,250.
(c) In the nonresident elk drawing depicted in this section, 2,900 licenses shall be offered as special licenses and 4,350 shall be offered as regular licenses. Any limited quota licenses not issued in the drawing for special elk licenses shall then be offered as general licenses in that drawing to attempt filling the quota of 2,900. Any limited quota licenses not issued in the drawing for regular elk licenses shall then be offered as general licenses in that drawing to attempt filling the quota of 4,350.
(d) No person shall apply for or receive more than one license for each big game or trophy game species during any one calendar year, except as otherwise provided by regulation.
(f) No person shall apply for or receive more than one spring wild turkey license and one fall wild turkey license in any one calendar year, except as otherwise provided by regulation.
Section 8. Military Limited Quota Hunting Licenses, Military personnel who qualify for military hunting licenses as provided for in W.S. 23-2-103(a) may apply to purchase limited quota antelope or deer licenses, area turkey licenses or limited quota doe or fawn antelope or deer licenses remaining after the competitive drawing. Applications must be submitted on a proper and completed form. Military personnel qualifying for hunting licenses under W. S. 23-2-103(a) are prohibited from applying for and receiving resident limited quota elk licenses.
| LICENSE | 1ST ACPT | LAST ACPT | FEES |
|---|---|---|---|
| ANTELOPE | |||
| Resident Limited Quota Doe/Fawn | July 15 | [2] | 10.00 |
| Nonresident Limited Quota Doe/Fawn | July 15 | [2] | 25.00 |
| Limited Quota Resident Landowner | April 15 | May 15 | 17.00 |
| Limited Quota Pioneer | May 1 | May 31 | 2.00 |
| Limited Quota Resident | May 1 | May 31 | 17.00 |
| Limited Quota Resident Youth | May 1 | May 31 | 15.00 |
| Limited Quota Nonresident Landowner | Jan. 1 | Mar. 31 | 150.00 |
| Limited Quota Nonresident | Jan. 1 | Mar. 31 | 150.00 |
| Limited Quota Nonresident Youth | Jan. 1 | Mar. 31 | 110.00 |
|---|---|---|---|
| Limited Quota Special Nonresident | Jan. 1 | Mar. 31 | 250.00 |
| LICENSE | 1ST ACPT | LAST ACPT | FEES |
|---|---|---|---|
| DEER | |||
| Limited Quota Resident Landowner | April 15 | May 15 | 17.00 |
| Limited Quota Pioneer | May 1 | May 31 | 2.00 |
| Additional Any White-tailed Deer | May 1 | May 31 | 2.00 |
| General and Limited Quota Resident | May 1 | May 31 | 17.00 |
| Additional Any White-tailed Deer | May 1 | May 31 | 17.00 |
| General and Limited Quota Res Youth | May 1 | May 31 | 15.00 |
| Resident Limited Quota Doe/Fawn | July 15 | [2] | 10.00 |
| Limited Quota Nonresident Landowner | Jan. 1 | Mar. 31 | 150.00 |
| Region and Limited Quota Nonresident | Jan. 1 | Mar. 31 | 150.00 |
| Region and Limited Quota Nonres. Youth | Jan. 1 | Mar. 31 | 110.00 |
| Region & Limited Quota Special Nonres. | Jan. 1 | Mar. 31 | 250.00 |
| Nonresident Limited Quota Doe/Fawn | July 15 | [2] | 25.00 |
| Nonresident Limited Quota Addtnl | |||
| Any White-tailed Deer | Jan. 1 | Mar. 15 | 150.00 |
| Nonresident Youth Limited Quota Addtnl | |||
| Any White-tailed Deer | Jan. 1 | Mar. 15 | 110.00 |
| ELK | |||
| Limited Quota Resident Landowner | April 15 | May 15 | 28.00 |
| Limited Quota Pioneer | May 1 | May 31 | 5.00 |
| General and Limited Quota Resident | May 1 | May 31 | 28.00 |
| General & Limited Quota Res. Youth | May 1 | May 31 | 25.00 |
| Limited Quota Nonresident Landowner | Jan. 1 | Feb. 1 | 350.00 |
| General and Limited Quota Nonresident | Jan. 1 | Feb. 1 | 350.00 |
| General & Limited Quota Nonres. Youth | Jan. 1 | Feb. 1 | 275.00 |
| General & Limited Quota Spec. N.R. Elk | Jan. 1 | Feb. 1 | 550.00 |
| GOAT | |||
| Limited Quota Resident | April 1 | May 1 | 55.00 |
| Limited Quota Nonresident | Jan. 1 | Mar. 31 | 1,500.00 |
| MOUNTAIN LION | |||
| Resident General | Jan. 1 | Dec. 31 | 22.00 |
| Nonresident General | Jan. 1 | Dec. 31 | 135.00 |
| MOOSE | |||
| Limited Quota Resident | April 1 | May 1 | 55.00 |
| Limited Quota Nonresident | Jan. 1 | Mar. 31 | 750.00 |
| SHEEP | |||
| Limited Quota Resident | April 1 | May 1 | 55.00 |
| Limited Quota Nonresident | Jan. 1 | Mar. 31 | 1,000.00 |
| LICENSE | 1ST ACPT | LAST ACPT | FEES |
|---|---|---|---|
| WILD TURKEY | |||
| Limited Quota Resident Landowner | |||
| Spring | Jan. 1 | Feb. 15 | 7.00 |
| Fall | July 1 | Aug. 15 | 7.00 |
| Limited Quota Resident | |||
| Spring | Jan. 1 | Feb. 15 | 7.00 |
| Fall | July 1 | Aug. 15 | 7.00 |
| Resident Area | |||
| Spring | Jan. 1 | [1] | 7.00 |
| Fall | July 1 | [1] | 7.00 |
| Limited Quota Nonresident Landowner | |||
| Spring | Jan. 1 | Feb. 15 | 40.00 |
| Fall | July 1 | Aug. 15 | 40.00 |
| Nonresident Area | |||
| Spring | Jan. 1 | [1] | 40.00 |
| Fall | July 1 | [1] | 40.00 |
| Limited Quota Nonresident | |||
| Spring | Jan. 1 | Feb. 15 | 40.00 |
| Fall | July 1 | Aug. 15 | 40.00 |
(a) Applications will not be accepted before or after these dates regardless of postmark date, except after the competitive drawings if licenses remain available. If the deadline date occurs on a day when the Cheyenne headquarters office is closed for mail delivery and/or normal business (weekends, holidays, etc.) applications received in the first regularly scheduled mail delivery on the next working day will be accepted as meeting the application deadline.
[1] Area spring wild turkey licenses will be sold from January 1 through the last day of the spring season. Area fall wild turkey licenses will be sold from July 1 through the last day of the fall season.
[2] Doe/fawn deer and antelope licenses shall be made available in the Cheyenne headquarters office of the Department from July 15 or next scheduled business day through August 20th or the next scheduled business day. Any remaining doe/fawn licenses after August 20th, shall be made available at license selling agencies throughout the state on September 1st. No doe/fawn licenses shall be sold between August 20th and September 1st, to allow time for shipment of the licenses to the license selling agents.
(b) Sales of doe fawn licenses at the Cheyenne office of the Department and license selling agencies shall be limited to quantities on hand and shall be issued in the order processed.
(c) Cash will be accepted as proper fee. However, the sending of cash and endorsed checks through the mail or left in the Cheyenne office drop box is done at the applicants own risk. The Department will not provide receipts and will not accept any responsibility for theft or loss for any reason.
Section 10. Applicant Disqualification. The following circumstances shall cause applications to be disqualified and be cause for them to be returned to the applicants without being processed:
Section 11. Party Applications. The maximum allowable number of applications in a party is six (6). Residents and nonresidents may not apply together in the same party. No party applications are accepted for moose, bighorn sheep, mountain goat or mountain lion. All party applications will be disqualified if one or more applications within the party are improper or incomplete, or all applications do not specify the same species, hunt area and type in the same order of preference. All applications in the same party must be submitted together in the same envelope. All members of a party will either receive licenses or refunds of their license fees.
Section 12. Cancellation, Transfer or Refund of Fee. Licenses, permits, or stamps issued under Title 23, Wyoming Statutes or Sections 3, 4, 5, 6, and 7 of this regulation shall not be cancelled, transferred or any fee refunded after the license has been issued, except as specified in this section and in Section 12 of this chapter. Exceptions: death of the license holder supported by a death certificate, military transfer supported by a copy of the official orders from the Armed Forces of the United States, or error on the part of the Department where the applicant is issued a license not listed on the respective application. Refunds will not be granted if the death certificate or military orders are dated after the earliest season date for which the license was valid. Refunds will be denied in any circumstance where potential exists for that license to have been used by its holder after the earliest season date for which said license is valid. All refunds shall be issued for the price of the respective license less the amount of any commission paid to the license-selling agents.
Section 13. Reservation of Licenses. Holders of moose, grizzly bear, mountain goat or bighorn sheep licenses who are prevented from hunting by disabling injury or illness may reserve a license for the same species, hunt area and season type for the immediately succeeding calendar year only. Conditions of this transfer are set forth in subsection (a), (b), (c) and (d) of this section.
(a) A disabled license holder must contact the Wyoming Game and Fish Department License Section and request a Disabled Hunters Certification Form. This form must be completed in full by the applicant and his or her physician, notarized and returned prior to the earliest season date, including special archery, for which the license is valid. The earliest season date includes the special archery season.
(b) The license must be returned unaltered along with the Disabled Hunters Certification Form.
(c) License quotas for areas where licenses have been reserved may be adjusted downward to reflect transfers as provided by W.S. 23 - 1-703(d) and this chapter, prior to the respective competitive drawing.
(d) In circumstances where related season, quota and/or sex limitation of the hunt area for the unused and approved carryover license changes in the subsequent year, the following options shall be offered:
(i) If the unused license allowed taking either sex, the license holder will be given a choice of an antlered or antlerless license in the subsequent year.
(ii) If the unused license was limited to taking a female, but that type no longer exists, the license holder will be given an antlered only license in the subsequent year.
(iii) If the license was limited to taking a male, but that type no longer exists, the license holder will be given an antlerless only license in the subsequent year.
(iv) If in the subsequent year, the entire hunt area is closed to hunting of the species listed on the unused license, the license holder shall offered a license of the same species and sex limitations in another area of his or her choice.
(v) If in the subsequent year, the entire state is closed to hunting of the species listed on the unused license, the license holder shall not be issued another license to hunt that species. Under this circumstance, the license holder shall be issued a refund of the fee paid for the unused license.
Section 14. Drawing Advantage. The Department shall develop and maintain a license issue system that offers applicants who unsuccessfully apply for moose and bighorn sheep, a drawing advantage in subsequent years as prescribed in W.S. 23-1-703. Anyone who applies for and receives a mountain goat or grizzly bear license shall not be eligible to apply for or receive another hunting license of that same species for the remainder of their lives.
Section 15. Alteration and/or Transfer of Licenses, Stamps, Tags or Coupons or Use by Another Person Prohibited, Invalidation by Improper Fees. Wyoming Game and Fish licenses, stamps, tags, or coupons shall not be altered by anyone other than authorized Game and Fish employees.
(a) No license, stamp, tag or coupon shall be transferred, used or be any protection for the purpose of taking wildlife except to the person to whom it was issued and therein named and while in that person's possession. No person may take or attempt to take any big game animal, trophy game animal, furbearing animal, small game animal, game bird or game fish using another person's license, stamp, tag, or coupon. Any license, tag, permit, stamp or certificate is not valid unless the proper fees have been received by the Wyoming Game and Fish Department.
(b) Any Wyoming Game and Fish law enforcement officer may seize any invalid license, tag, stamp, coupon, and certificate, or any license, tag stamp, coupon or certificate that was obtained in violation of Commission Regulations.
Section 16. Proof of Residency for Resident Licenses.
(a) Definitions applicable to this section.
(i) Documentary evidence - evidence furnished by written instruments, inscriptions, documents of all kinds.
(ii) Dependent child - a child less than 18 years of age who is domiciled with parents or legal guardian.
(iii) Wyoming Driver's License - a driver's license issued by the State of Wyoming Department of Revenue, and said license has not expired as indicated by the expiration date on the license.
(iv) Domicile - for purposes of this chapter, an individual's domicile shall be his or her principal place of residence. Domicile for the purposes of claiming residency status for Wyoming Game and Fish hunting and fishing licenses shall be established when a person can demonstrate that he/she:
1. Physically resides in Wyoming, and
2. Intends on making Wyoming a permanent home, and
3. Is not residing in Wyoming for a special or temporary purpose, and
4. Has abandoned all other domiciles, and
5. Has physically resided in Wyoming for one (1) year immediately preceding his/her application to establish initial residency.
(b) Persons applying for resident licenses as provided by W.S. 23-2-101, 23-2-201 and 23-3-403 shall provide proof of residency before a resident license may be purchased. License-selling agents and the Department will accept as documentary evidence of residency any of the following:
(i) Applicant's Wyoming driver's license or copy thereof.
(ii) Applicant's resident Wyoming hunting, fishing or trapping license for the current year or one issued in the previous year. (iii) Copies of school or military service records which indicate Wyoming as the applicant's domicile and home of record. (iv) Dependent children may use as proof of residency the documentary evidence of the parent or legal guardian.
(v) A "Proof of Residency Statement" which has been completed and signed by the applicant. Said "Proof of Residency Statement" form shall be provided by the Department.
(c) Documentary evidence furnished by an applicant for a resident license shall not be considered conclusive proof in a court of law that the applicant is a resident in accordance with W.S. 23-1-102.
Section 17. Authority to Issue Licenses, Develop Policies and Procedures. The Commission authorizes the Department through the authority of the Chief Fiscal Officer/Secretary to the Commission to issue licenses, permits, stamps and tags and to develop and maintain policies, processes and procedures as are necessary to carry out the provisions of this chapter.
Section 18. Savings Clause. If any provision of these regulations is 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 are severable.
WYOMING GAME AND FISH COMMISSION
By: MARY FLITNER PRESIDENT
Dated: October 24, 1995