Wyo. Code R. 040-0001-44
Chapter 44: Issuance of Licenses, Permits, Stamps, Tags, Preference Points and Coupons
Effective Date: 04/13/2009 to 09/08/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.44.04132009
Section 1. Authority. This regulation is promulgated by authority of W.S. §20-6-112, W.S. §23-1-107, §23-1-302, §23-1-702, §23-1-703, §23-1-704, §23-1-705, §23-2-101, §23-2-102, §23-2-107, §23-2-109, §23-2-201, §23-2-207, §23-2-301, §23-2-306, §23-2-307, §23-2-401 and §23-3-403.
Section 2. Regulation. The Commission authorizes the Department through the authority of the Chief Fiscal Officer to issue licenses, permits, stamps, tags, preference points, and coupons, and to develop and maintain policies, processes and procedures necessary to carry out the provisions of this Chapter. The Commission hereby adopts the following regulation governing the issuance of licenses. This regulation shall remain in effect until modified or repealed by the Commission.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) 'Application Fee' means a fee authorized by the Legislature enabling the Department to recover a portion of its costs associated with compensating owners or lessees of property damaged by game animals and game birds. In addition, the application fee is used by the Department to recover costs associated with license issuance. This fee is nonrefundable.
(b) 'Charitable Purpose' means motivated by sympathy and understanding and generosity and done without any remuneration.
(c) 'Commissioner Complimentary License' means an antelope, deer or elk license issued at the existing statutory price at the request of a Commissioner.
(d) 'Completed Application' means all required portions of the application, except Social Security number, have been properly completed with correct applicant information. For big or trophy game licenses, a completed application includes the applicant's name, physical address, mailing address if different than the physical address, date of birth, physical description (height, weight, eyes, hair and sex), years of residency and proof of residency for resident fee types, and desired valid hunting license specifications.
(e) 'Disabilities' as used in this Chapter means permanent anatomical, physiological or mental deficiencies that prevent or restrict normal achievement.
(f) 'Document' means an instrument on which information has been recorded by means of letters, figures, or marks and which may be used as evidence.
(g) 'Documentary Evidence' means evidence furnished by written instruments, inscriptions, or documents of all kinds.
(h) 'Duplicate license' means a license issued by the Department to replace an original license that is valid and has not expired and has been lost or destroyed. If the original license was hand issued, a duplicate license shall be issued. If the original license was issued through the Department's Internet point of sale system, a duplicate license shall only be required if the original license contained a carcass coupon; otherwise, a replacement license may be issued.
(i) 'Electronic Application' means the license or permit draw application form submitted through the Department's website.
(j) 'Electronic Signature' means an electronic process attached to or logically associated with any electronic transaction including the license or permit application submitted to the Wyoming Game and Fish Department that requires substantiation of the identity of the person initiating the electronic transaction. This process includes, but may not be limited to, use of personal credentials to gain access to the system, entering a keystroke at a specified prompt that indicates the submitter's acceptance of an assertive statement, or the use of any other technology that is in compliance with the State of Wyoming's Electronic Signature Rules as promulgated by the Office of the Chief Information Officer. This process can be used to indicate the applicant's acceptance of an assertion such as a residency requirement or veracity of the application at a specified prompt. Ref: W.S. §40-21-102 (a) (viii)
(k) 'Full price license' means a deer, antelope or elk license issued that is not a reduced price doe/fawn or cow/calf license.
(l) 'Full time' means performing duties and responsibilities at the request or direction of an established charitable, humanitarian, or religious organization for more than thirty (30) hours per calendar week every week the person is absent from the state.
(m) 'General Licenses' means big or trophy game, or wild turkey licenses valid in any hunt area in which licenses have not been totally limited in number. General licenses shall be valid only under species, sex, age class, and harvest limitations that are in effect for each hunt area.
(n) 'Governor Complimentary License' means a hunting or fishing license issued for no fee at the request of the Governor.
(o) 'Gunpowder or Buckskin Hunt' means the annual Gunpowder and Buckskin Hunt conducted by the Sheridan, Wyoming Rotary Club.
(p) 'Headquarters' means the Cheyenne Office of the Wyoming Game and Fish Department located at 5400 Bishop Boulevard, Cheyenne, Wyoming 82006.
(q) 'Humanitarian Purpose' means for the promotion of human welfare and the advancement of social reforms and done without remuneration.
(r) 'Initial Drawings' means computer processed random drawings held for initial offering of resident and nonresident licenses and permits.
(s) 'Issue-After Licenses' means licenses that are limited in number and were not issued in the initial drawing; these licenses shall be issued on an as processed basis.
(t) 'Landowner' means an individual, partnership, corporation, trust, limited liability company or combination of these, which either owns real property in fee simple title or is acquiring equitable interest by written contract.
(u) 'Landowner Applicant' means an individual who either owns real property solely or jointly with other individuals or who holds an interest in a corporation, partnership, trust or limited liability company, which owns real property or is a member of the 'immediate family' of the individual.
(v) 'Landowner Applicant's Immediate Family' means the landowner applicant's spouse, parents, grandparents, or lineal descendants and their spouses.
(w) 'License' means a document issued by the Department, through the authority of the Commission, to a qualified individual that grants certain privileges to take fish or wildlife in accordance with statutory or regulatory provisions.
(x) 'License Authorization' means a document approved by the Governor or by a member of the Commission that empowers the Department to issue a Governor complimentary or Commissioner complimentary license in the name of the applicant designated on the document.
(y) 'Limited Quota Drawing' means the processing of an application for limited quota or general big game licenses, trophy game licenses, wild turkey licenses, permits, or the wild bison priority list through a random drawing.
(z) 'Limited Quota Licenses' means licenses limited in number and valid only in a specified hunt area(s) or portion(s) of a hunt area, for a specified type of weapon, for a specified sex, age class or species of big game, trophy game, wild turkey, or sandhill crane during specified season dates.
(aa) 'Limited Quota Reduced Price Cow or Calf (cow/calf) License' means a license, which may be authorized in specific hunt areas allowing a person to take cow or calf elk independent of what may be taken on a general license or full priced limited quota license.
(bb) 'Limited Quota Reduced Price Doe or Fawn (doe/fawn) License' means a license, which may be authorized in specific hunt areas allowing a person to take doe or fawn animals independent of what may be taken on a general license or full priced limited quota license.
(cc) 'Minor Dependent' means an individual less than eighteen (18) years of age who is domiciled with parent(s) or legal guardian.
(dd) 'National Bow Hunt' means an archery-only hunt that is sponsored and administered by the Wyoming National Bowhunt Inc.
(ee) 'Nonprofit Charitable Organization' means an organization which engages in activities providing the general public with benefits designed to aid in educational, moral, physical, conservation, or social improvement and which is not established for profit.
(ff) 'Nonprofit Organization Dedicated to Providing Hunting Opportunities to Individuals with Disabilities' means any organization that is registered with the Wyoming
Secretary of State and certifies that they are nonprofit and that the primary purpose or mission as stated in their charter is to provide hunting opportunities to individuals with disabilities defined in this regulation.
(gg) “Nonresident” means any person who is not domiciled in Wyoming for at least one (1) year immediately preceding making application for a license and who is not a resident as defined by W.S. §23-1-102 (a)(ix) and W.S. §23-1-107.
(hh) “One-Shot Antelope Hunt” means the One-Shot Antelope Hunt sponsored by the One-Shot Antelope Club in Lander, Wyoming.
(ii) “Party” means a group of individuals with the same residency status who apply together for hunting licenses for the same species, area and type, and who have 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.
(jj) “Party Application” means a group of applications in which all applicants with the same residency status specify the same species, hunt area and type in the same order of preference, and all applicants expect the same processing and draw results.
(kk) “Permit” means a document, which grants additional privileges to an individual who possesses the proper license(s) to carry out activities not authorized by the license itself.
(ll) “Person’s privilege to obtain a license has been revoked or suspended by a court or the Wildlife Violator Compact” means revocation or suspension of the person’s license or preference point.
(mm) “Pioneer licenses” means antelope, deer or elk licenses issued to Wyoming residents who were born on or before January 1, 1930 and who have resided continuously for at least forty (40) years in Wyoming immediately preceding the application for a license.
(nn) “Pioneer heritage licenses” means antelope, deer or elk licenses issued to Wyoming residents who were born after January 1, 1930, are at least seventy (70) years of age prior to the issuance of the license and have continuously resided in Wyoming for at least fifty (50) years immediately preceding application for the license. The fee for the Heritage License shall be established by the Department by multiplying the fee for resident licenses for the same species and license type by sixty five percent (65%) and rounding down to the next whole dollar amount.
(oo) “Potential to use license” means the license shall be considered to be in possession of the person in whose name it was issued on or after the earliest opening date for which the license is valid if the license is not in the possession of an authorized Department employee.
(pp) “Processing Fee” means a fee established by the Department to cover extra costs associated with withdrawing an application from a drawing.
(qq) 'Proper Application Form' means the current year's form prescribed by the Department, a photocopy of the form, or facsimile of the form. These forms shall be the only forms accepted by the Department.
(rr) 'Properly Completed Duplicate License Affidavit' means a Department affidavit form signed by the person applying for a duplicate license and the license selling agent who sold the original license, on which all information has been accurately provided by the licensee and agent. Affidavits for original licenses issued through the Department's Internet point of sale system do not require the signature of the agent who originally sold the license.
(ss) 'Proper Fee' means cash or a negotiable instrument as set forth by W.S. §34.1-3-104 which results in full payment to the Department, in U.S. dollars for the amount specified by law or regulation for the respective licenses, permits, stamps, tags, preference points, or certificates.
(tt) 'Qualified Person' means an individual who meets the statutory and regulatory requirements to apply for or receive a license or a preference point. A person shall not be qualified if their privilege to apply for or receive a license or a preference point has been revoked, suspended, or restricted by a court in Wyoming or has been revoked or suspended in Wyoming through the Wildlife Violator Compact.
(uu) 'Quota' means the maximum specified number of licenses to be issued for a given hunt area and species as provided by Commission regulation; in the case of nonresident elk hunt area quotas, the maximum number of specified licenses to be issued by hunt area as provided in writing by the Wildlife Division to the Fiscal Division.
(vv) 'Region General Deer Licenses' means general nonresident deer licenses that shall be limited in number and valid for a specified group of hunt areas in accordance with Commission regulations. A license issued for a region shall only be valid in hunt areas within the region where limitations in Commission regulations specify general licenses. A license issued for a region shall not be valid in any hunt area within that region in which licenses are totally limited in quota, unless specified by Commission regulations.
(ww) 'Religious Purpose' means actions taken to advance sacred matters, religion or a church and done without remuneration.
(xx) 'Replacement License' means the reprint of a license, permit, or stamp that does not contain a carcass coupon. The license was originally issued by the Department or license selling agent through the Internet point of sale system and is valid and has not expired.
(yy) 'Resident' means a United States citizen or legal alien who is domiciled in Wyoming for at least one (1) full year immediately preceding making application for any resident game and fish license, preference point, permit or tag, shall not have claimed residency in any other state, territory, or country for any other purpose during that one (1) year period, and meets the requirements specified in Wyoming Statutes §23-1-102 and §23-1-107.
(zz) 'Special Nonresident Antelope, Deer or Elk Licenses' means those licenses having a fee greater than that of a regular nonresident antelope, deer or elk license as defined in Wyoming Statute and which the statutes provide for a separate nonresident drawing with specific percentages of nonresident quotas designated for only those applicants paying the higher license fees.
(aaa) 'Sportsperson Identification Number' means the unique number assigned by the Department to each individual license applicant on the Game and Fish Fiscal Division Customer database.
(bbb) 'Transfer' means to convey a license authorization as set forth in Section 12 of this regulation from one (1) person to another.
(ccc) 'Type' means a limitation on a license in a particular hunt area for the sex of animal, the species of animal, the length of the season, the type of weapon, or a portion of the hunt area in which the license shall be valid.
(ddd) 'Unable to use the license for good cause' means an individual is unable to use a bighorn sheep, grizzly bear, moose or mountain goat license due to disabling injury or illness, military personnel who receive permanent change of station (PCS) orders or are assigned away from their home duty station on temporary orders (TDY) for the majority of the regular season, or when the Department has determined a majority of, or the entire hunting opportunity has been lost in a specific limited quota hunt area for antelope, bighorn sheep, deer, elk, moose or mountain goat due to the administrative actions of the state or federal government in closing the majority of or all public access to a hunt area due to a natural disaster, including, but not necessarily limited to, wildland fires.
(eee) 'Under the care and supervision of the residing facility' means the person is in accompaniment of an employee of the appropriate institution or facility that issued the special limited fishing permit.
(fff) 'Youth License' means a big game license that may be issued to a resident or nonresident individual who is at least eleven (11) years of age and who has not attained eighteen (18) years of age at the time of application. The license shall not be valid until the licensee reaches his twelfth (12th) birthday. For all other species, excluding furbearing animals, requiring a license to take means a license that may be issued to a resident or nonresident individual who has not attained eighteen (18) years of age. For a resident youth trapping license this means residents under the age of seventeen (17).
Section 4. Method of License Issuance and Accounting. The Fiscal Division shall maintain inventory control and account for the issuance and sale of all licenses, permits, stamps and tags issued under the authority of the Commission. All licenses, permits and tags shall be issued on the basis of completed proper application forms. Applications may be in the form of a separate document or may be incorporated into and considered as part of the license document.
(a) Licenses issued over-the-counter. All licenses that are not limited in number shall be issued by the Department through designated Department personnel and facilities or designated license selling agents.
(b) Licenses issued through competitive drawings. Except as provided in this Chapter, all licenses and permits that are limited in number shall be issued through competitive drawings conducted by the Department's License Section. Entry into the drawing for a limited quota license or permit shall be upon submission of a completed proper application form.
(c) Commercial license issuance. All commercial licenses shall be issued by the Department's License Section at Headquarters, by designated Department personnel or at facilities in accordance with statutory and regulatory provisions and requirements.
(d) Licenses issued after competitive drawings. Issue-after licenses may be sold through the Department's Internet point of sale system or through the Internet electronic application service on a first-come, first-served basis.
(e) Depredation license issuance. Depredation licenses may be issued at designated Department locations when additional harvest is needed as determined by the Wildlife Division.
(a) In circumstances where the demand for a particular type of license exceeds the supply, a competitive drawing shall be utilized when feasible to determine successful applicants.
(b) The Department shall only issue licenses in excess of established quotas in the following circumstances:
(i) to accommodate a successful party application in a limited quota drawing;
(ii) to process a Commissioner or Governor license authorization;
(iii) upon authorization by the Chief Fiscal Officer to resolve a Department license issuance error; or,
(iv) as provided by Commission regulation.
(c) To establish the number of leftover licenses or permits, the Department may continue alternately running the unsuccessful applicants of each resident and nonresident drawing until there are no unissued licenses or permits for which there are unsuccessful applications.
(d) License selling agents shall abide by the following procedures in the sale of limited quota full and reduced price issue-after licenses.
(i) License Selling Agents shall not sell or allocate licenses prior to the date established annually by the Chief Fiscal Officer.
(ii) License Selling Agents shall not process applications received by phone, mail, facsimile, or other electronic means prior to 8:00 a.m. on the date established annually by the Chief Fiscal Officer.
(iii) Any person may present a proper application form for a license for another person in order to obtain a license. All applications for resident licenses and permits shall contain the resident applicant's signature and when applicable, the parent or legal guardian's signature in accordance with Wyoming statute. All applications for nonresident licenses and permits shall contain either the nonresident applicant's signature or the signature of the person submitting the application on behalf of the nonresident applicant; and,
(A) In the event the license is hand issued, a properly completed application bearing required signatures shall be presented for license issuance.
(B) In the event the license is issued through the Internet point of sale system, the resident licensee shall be present at the license selling agent location to purchase a license. The parent or guardian of that applicant shall also be present, if required.
(C) A resident license application for another person shall only be issued at a Wyoming Game and Fish Office upon presentation of a properly completed application form bearing the resident signature and the signature of the parent or guardian, if required.
(iv) License Selling Agents shall only issue licenses to individuals in line, one customer at a time, first come, first served in the order the individuals appear in line. The agent may issue licenses to a single individual who has applications for a maximum of six (6) persons. The applications may be for different hunt areas and different species. If the customer has applications for more than six (6) persons, the customer shall return to the back of the line and not be issued another license for another person until such time that all other applicants waiting in line ahead have been served.
(e) Big Game Licenses. No individual shall apply for or receive more than one (1) license for each big game species during any one (1) calendar year, except as otherwise provided in Commission regulation(s).
(i) Antelope. Eighty percent (80%) of the total available limited quota antelope licenses shall initially be offered to residents in the drawing. The order of the resident antelope drawings depicted in this section shall be Resident Landowner Licenses, then Resident Regular Licenses.
(A) Statutes provide for up to eighty (80) licenses to be available for a one-shot antelope hunt. These licenses shall be issued above quotas established for the hunt area(s) and shall be allocated to residents and nonresidents as designated by the Wildlife Division. These licenses are exempt from the provisions in this Chapter limiting the number of big game licenses an individual can obtain in one (1) calendar year.
(B) The Commission may, upon receipt of payment of antelope license fees, issue up to a total of thirty (30) antelope licenses each year for the exclusive distribution by nonprofit organizations dedicated to providing hunting opportunities to individuals with disabilities.
(I) Qualifying organizations shall make application to the License Section of the Department on or before August 1 for the antelope licenses. The application shall specify:
(1.) The total number of licenses requested;
(2.) The Hunt Area and Type designation of the licenses requested; and, (3.) Certification that shows the organization qualifies under the definition of a “Nonprofit Organization Dedicated to Providing Hunting Opportunities to Individuals with Disabilities.”
(II) In the event that more than one (1) qualifying organization requests licenses under this subsection, the Department shall allocate the licenses through a random drawing to the specific qualifying organization(s).
(III) The antelope licenses issued shall be issued through the Department above quotas established for the hunt area(s) and shall be allocated to residents or nonresidents as designated by the nonprofit organization(s).
(C) The order of the nonresident antelope drawings set forth in this section, shall be Nonresident Landowner Licenses, Nonresident Special Licenses, then Nonresident Regular Licenses. The allocation of remaining licenses after the Landowner License Drawing shall be forty percent (40%) to the Nonresident Special License Drawing and sixty percent (60%) to the Nonresident Regular License Drawing.
(D) The Department shall allocate not less than seventy-five percent (75%) of the available Special and Regular Nonresident antelope licenses to a preference point drawing. The order of the nonresident antelope drawing shall allow individual applicants with the highest number of preference points to be given a drawing advantage for the total number of available licenses to be issued in accordance with this section; then the applicants with the next highest number of preference points shall be selected, and so forth, until the quota has been filled for all first choice selections. The Department shall allocate up to twenty-five percent (25%) of the available nonresident antelope licenses to a random drawing in which all unsuccessful applicants from the preference point drawing and all other eligible applicants shall be placed. The preference point drawing advantage shall only apply to an applicant’s first choice selection. All unsuccessful applicants in the preference point drawing shall participate in the random draw for all remaining choices giving no advantage to applicants with preference points.
(I) In addition to the restrictions set forth in Section 16 of this chapter, party applications with a differing number of preference points among party members shall have preference points averaged and rounded out to five (5) decimal places.
(E) Antelope licenses that have not been applied for and issued through drawings shall be offered to residents and nonresidents as issue-after licenses.
(F) Eighty percent (80%) of the total available limited quota reduced price doe/fawn antelope licenses shall initially be offered to residents in a drawing. An applicant may only apply for and receive the maximum number of reduced price doe/fawn antelope licenses as specified in Chapter 2, General Hunting Regulation. Any reduced price doe/fawn antelope licenses remaining unsold following the drawing shall be made available on the date established annually by the Chief Fiscal Officer. Reduced price pioneer doe/fawn antelope licenses shall only be made available for sale at Headquarters, except as otherwise provided by the Chief Fiscal Officer. In addition to the statutorily prescribed application fees, the price of reduced price doe/fawn antelope licenses shall be twenty-two dollars ($22.00 for residents, fourteen dollars ($14.00) for resident youth, two dollars ($2.00) for resident pioneers, eighteen dollars ($18.00) for pioneer heritage, thirty-four dollars ($34.00) for nonresidents and nineteen dollars ($19.00) for nonresident youth.
(ii) Bighorn Sheep. Seventy-five percent (75%) of the total available limited quota bighorn sheep licenses shall initially be offered to residents in the drawings. The Department shall allocate not less than seventy-five percent (75%) of the available resident bighorn sheep licenses and not less than seventy-five percent (75%) of the available nonresident bighorn sheep licenses to a preference point drawing. The order of the resident and nonresident bighorn sheep drawing shall allow individual applicants with the highest number of preference points to be given a drawing advantage for the total number of available licenses to be issued in accordance with this section; then the applicants with the next highest number of preference points shall be selected, and so forth, until the quota has been filled. The Department shall allocate up to twenty-five percent (25%) of the available resident bighorn sheep licenses and shall allocate up to twenty-five percent (25%) of the available nonresident bighorn sheep licenses to a random drawing in which all unsuccessful applicants from the preference point drawing shall be placed.
(iii) Deer. Eighty percent (80%) of the total available limited quota deer licenses shall initially be offered to residents in the initial drawing. The order of the resident deer drawings depicted in this section shall be Resident Landowner Licenses, then Resident Regular Licenses.
(A) The Commission shall annually establish the nonresident region general deer license quotas in addition to license quotas for limited quota hunt areas. Nonresident region general deer license quotas shall not include hunt area limited quota licenses issued to nonresidents.
(B) Statutes provide for up to seventy-five (75) nonresident special deer licenses to be available for a national bow hunt. This quota shall be deducted from the nonresident special deer quota for the nonresident deer region in which the national bow hunt is held. National bow hunt deer licenses shall only be valid during the hunt dates established by Wyoming National Bow Hunt, Inc. and the Department. These dates shall be within the existing special archery season dates as set forth in the most current Commission Regulation Chapter 6 Deer Hunting Seasons of the Commission regulations for the specific deer hunt area(s) in which the hunt will occur.
(C) Statutes provide for up to twenty-five (25) licenses, which may be issued, for a gunpowder or buckskin hunt(s). These licenses shall be issued above quotas and allocated to residents and nonresidents as designated by the Wildlife Division. These licenses are exempt from the provisions in this Chapter limiting the number of big game licenses an individual can obtain in one (1) calendar year.
(D) The order of the nonresident deer drawings described in this section shall be Nonresident Landowner Licenses, Nonresident Special Licenses, and then Nonresident Regular Licenses. The allocation of remaining licenses after the nonresident landowner drawing shall be forty percent (40%) to the Nonresident Special License Drawing and sixty percent (60%) to the Nonresident Regular License Drawing.
(E) The Department shall allocate not less than seventy-five percent (75%) of the available Special and Regular Nonresident deer licenses to a preference point drawing. The order of the nonresident deer drawing shall allow individual applicants with the highest number of preference points to be given a drawing advantage for the total number of available licenses to be issued in accordance with this section; then the applicants with the next highest number of preference points shall be selected, and so forth, until the quota has been filled for all first choice selections. The Department shall allocate up to twenty-five percent (25%) of the available nonresident deer licenses to a random drawing in which unsuccessful applicants from the preference point drawing and all other eligible applicants shall be placed. The preference point drawing advantage shall only apply to an applicant's first choice selection. Unsuccessful applicants in the preference point drawing shall participate in the random draw for all remaining choices giving no advantage to applicants with preference points.
(I) In addition to the restrictions set forth in Section 16 of this chapter, party applications with differing number of preference points among party members shall have preference points averaged and rounded out to five (5) decimal places.
(F) Nonresident Region General deer licenses that have not been applied for and issued through initial drawing shall be offered to nonresidents as issue-after licenses.
(G) Limited quota deer licenses that have not been applied for and issued through the initial drawings shall be offered to residents and nonresidents as issue-after licenses.
(H) Eighty percent (80%) of the total available limited quota reduced price doe/fawn deer licenses shall be offered to residents in a drawing. An applicant may only apply for and receive the maximum number of reduced price doe/fawn deer licenses as specified in Chapter 2, General Hunting Regulation. Any reduced price doe/fawn deer licenses remaining unsold following the drawing shall be made available on the date established annually by the Chief Fiscal Officer. Reduced price pioneer doe/fawn deer licenses shall only be made available for sale at Headquarters, except as otherwise provided by the Chief Fiscal Officer. In addition to the statutorily prescribed application fees, the price of reduced price doe/fawn deer licenses shall be twenty-two dollars ($22.00) for residents, fourteen dollars ($14.00) for resident youth, two dollars ($2.00) for resident pioneers, eighteen dollars ($18.00) for pioneer heritage, thirty-four dollars ($34.00) for nonresidents and nineteen dollars ($19.00) for nonresident youth.
(I) Resident general deer licenses shall not be limited in number and shall be issued at all Department Regional Offices, Headquarters and designated license selling agents. Resident general deer licenses may also be applied for and issued through the drawing process by submission of prescribed license and application fees.
(iv) Elk. A total license limit of 7,250 nonresident elk licenses shall be made available to nonresident applicants in the initial drawing each year. Reduced price cow/calf elk licenses and issue-after limited quota elk licenses described in this Chapter may be made available to nonresidents in addition to the limit of 7,250. Sixteen percent (16%) of the total available limited quota elk licenses shall initially be offered to nonresidents in the nonresident elk drawing. The order of the nonresident elk drawings described in this section shall be Nonresident Landowner Licenses, Nonresident Special Licenses, and then Nonresident Regular Licenses. Following the Nonresident Landowner License Drawing, licenses available in the drawing from the initial 7,250 limit shall be allocated as follows: The allocation of remaining licenses after the nonresident landowner drawing shall be forty percent (40%) to the Nonresident Special License Drawing and sixty percent (60%) to the Nonresident Regular License Drawing. If the 7,250 license quota is not issued in the initial nonresident drawings, the Department may achieve the
7,250 license quota by issuing general elk licenses. Licenses remaining for limited quota areas resulting from this procedure may be made available in the resident elk drawing.
(A) The Department shall allocate not less than seventy-five percent (75%) of the available Special and Regular Nonresident elk licenses to a preference point drawing. The order of the nonresident elk drawing shall allow individual applicants with the highest number of preference points to be given a drawing advantage for the total number of available licenses to be issued in accordance with this section; then the applicants with the next highest number of preference points shall be selected, and so forth, until the quota has been filled for all first choice selections. The Department shall allocate up to twenty-five percent (25%) of the available nonresident elk licenses to a random drawing in which all unsuccessful applicants from the preference point drawing and all other eligible applicants shall be placed. The preference point drawing advantage shall only apply to an applicant's first choice selection. All unsuccessful applicants in the preference point drawing shall participate in the random draw for all remaining choices giving no advantage to applicants with preference points.
(I) In addition to the restrictions set forth in Section 16 of this chapter, party applications with differing number of preference points among party members shall have preference points averaged and rounded out to five (5) decimal places.
(B) Following the nonresident elk drawing, quotas for resident limited quota elk licenses shall be adjusted according to the elk quotas established by Commission regulation. In those cases for hunt areas or license types that did not exist for the nonresident elk drawing but which were later approved by Commission regulation, one hundred percent (100%) of the total available limited quota elk licenses shall initially be offered to residents in the drawing. For the license types that have increased from the initial total available quota established for the nonresident elk drawing, the original resident quota and one hundred percent (100%) of the increased quota shall initially be offered to residents. For the license types that have decreased from the initial total available quota established for the nonresident elk drawing, the quota available to residents in the resident drawing shall be the greater of eighty-four percent (84%) of the new reduced quota or the new reduced quota less licenses issued in the nonresident drawing, except in those hunt areas in Grand Teton National Park. For the hunt areas within Grand Teton National Park, the initial quota offered to residents shall be one hundred percent (100%) of the new reduced quota less licenses issued to nonresidents. The Department shall determine if any licenses remaining from the nonresident elk drawing shall be offered to residents in the drawing. The order of the resident elk drawings depicted in this section shall be Resident Landowner Licenses, then Resident Regular Licenses.
(C) Elk licenses that have not been applied for and issued through the initial drawings shall be offered to residents and nonresidents as issue-after licenses.
(D) Eighty-four percent (84%) of each year's total available limited quota reduced price cow/calf licenses shall be offered to residents in initial drawings, except as otherwise provided by Commission regulations. An applicant may only apply for and receive one (1) reduced price cow/calf elk license. Reduced price cow/calf elk licenses remaining unsold following the drawings shall be made available on the date established annually by the Chief Fiscal Officer. Reduced price pioneer cow/calf elk licenses shall only be made available for sale at Headquarters, except as otherwise provided by the Chief Fiscal Officer. In addition to the statutorily prescribed application fees, the price of reduced price cow/calf elk licenses shall be forty-three dollars ($43.00)
for residents, twenty dollars ($20.00) dollars for resident youth, five dollars ($5.00) for resident pioneers, twenty-seven dollars ($27.00) for pioneer heritage, two hundred eighty-eight dollars ($288.00) for nonresidents and one hundred dollars ($100.00) for nonresident youth.
(E) Resident general elk licenses shall not be limited in number and shall be issued at all Department Regional Offices, Headquarters and designated license selling agents. General elk licenses may also be applied for and issued through the drawing process by submitting prescribed license and application fees.
(v) Moose. Eighty percent (80%) of the total available limited quota moose licenses shall be offered to residents in the initial drawing. The Department shall allocate not less than seventy-five percent (75%) of the available resident moose licenses and not less than seventy-five percent (75%) of the available nonresident moose licenses to a preference point drawing. The order of the resident and nonresident moose drawing shall allow individual applicants with the highest number of preference points to be given a drawing advantage for the total number of available licenses to be issued in accordance with this section; then, the applicants with the next highest number of preference points shall be selected, and so forth, until the quota has been filled. The Department shall allocate up to twenty-five percent (25%) of the available resident moose licenses and shall allocate up to twenty-five percent (25%) of the available nonresident moose licenses to a random drawing in which all unsuccessful applicants from the preference point drawing shall be placed.
(vi) Mountain Goat. Seventy-five percent (75%) of the total available limited quota mountain goat licenses shall be offered to residents in the initial drawing.
(f) Trophy Game. No individual shall apply for or receive more than one (1) license for a specific trophy game species during any one (1) calendar year, except as otherwise provided in Commission regulation.
(i) Black Bear. Black bear licenses shall not be limited in number. They shall be issued as over-the-counter licenses at all Department Regional Offices, Headquarters and at designated license selling agents throughout the state.
(ii) Grizzly Bear. No licenses shall be issued for this species until such time as the Commission may establish an open season.
(iii) Mountain Lion. Mountain lion licenses shall not be limited in number. They shall be issued as over-the-counter licenses at all Department Regional Offices, Headquarters and at designated license selling agents throughout the state.
(g) Wild Bison. Priority lists for wild bison licenses shall be generated through a drawing by the Department's License Section at Headquarters. Notification of selected applicants for license issuance shall be in accordance with Commission Regulation Chapter 15, Wild Bison Recreational Hunting Season. Wild Bison licenses shall be issued at the respective Department Regional Office in the region where the wild bison recreational hunting opportunity exists, or through Headquarters, on the basis of the wild bison priority lists.
(i) Wild bison priority list(s) shall be maintained for bull wild bison and cow/calf wild bison. An individual shall only apply for one (1) license type. Individuals who participate in the wild bison recreational hunting season and who are unsuccessful shall remain on the wild bison priority list for the remainder of the harvest year, but they may not participate in the wild bison recreational hunting season again until all other persons on the wild bison priority list have had an opportunity to participate in the wild bison recreational hunting season.
(ii) Applications for resident and nonresident wild bison priority lists shall only be accepted at Headquarters on proper application forms. Residents shall pay a five-dollar ($5.00) application fee and nonresidents shall pay a fourteen-dollar ($14.00) application fee. Applicants shall have the choice of applying for a bull wild bison or a cow/calf wild bison. In addition to the application fees, applications shall be accompanied by a six-dollar ($6.00) nonrefundable entry fee for the drawing. A computer random number selection shall be utilized to determine name placement on the wild bison priority lists. Applicants shall be notified of their placement on the wild bison priority lists.
(iii) Eighty percent (80%) of the wild bison licenses shall be initially offered to residents. If the number of resident applicants for wild bison licenses does not meet or exceed the resident wild bison license allocation, the remaining resident allocation may be issued to nonresidents. If the number of nonresident applicants for wild bison licenses does not meet or exceed the nonresident wild bison license allocation, the remaining license allocation may be issued to residents. In order to meet the Department's harvest objectives, if a resident on the wild bison priority list declines to participate in the wild bison hunt, the Department shall initially contact the next resident and then alternately the next nonresident and then resident until a participant is secured. If a nonresident on the wild bison priority list declines to participate, the Department shall initially contact the next nonresident and then alternately the next resident and then nonresident until a participant is secured.
(iv) The wild bison priority list(s) shall be established annually. The application period for the wild bison priority list(s) shall be as established in Section 18 of this regulation. The effective period of each annual wild bison priority list shall be July 1, the year the drawing takes place through January 31 of the following calendar year.
(h) Bird.
(i) Falconry.
(A) Hunt with Falcon licenses shall be issued as over-the-counter licenses at Headquarters, Department Regional Offices and designated license selling agents throughout the state.
(B) Falcon Capture licenses shall be issued as over-the-counter licenses at Headquarters.
(ii) Game Bird. Game Bird licenses shall not be limited in number. They shall be issued as over-the-counter licenses at all Department Regional Offices, Headquarters and at designated license selling agents.
(iii) Wild Turkey. Eighty percent (80%) of each year's total available spring and fall limited quota wild turkey licenses shall be offered to residents in the initial drawing. The order of the drawings shall be resident landowner licenses, resident regular licenses, nonresident landowner licenses, and then nonresident regular licenses.
(A) The Commission may authorize general wild turkey licenses, which shall not be limited in number. Those licenses shall be issued as over-the-counter licenses at designated Department Regional Offices, Headquarters and designated license selling agents. These licenses may also be applied for and issued through the drawing process.
(i) Small Game. Small Game licenses shall not be limited in number. They shall be issued as over-the-counter licenses at Department Regional Offices, Headquarters and at designated license selling agents.
(j) Furbearing Animals.
(i) Trapping. Resident furbearing animal trapping licenses shall not be limited in number. They shall be issued as over-the-counter licenses at Department Regional Offices, Headquarters and at designated license selling agents. Nonresident furbearing animal trapping licenses shall not be limited in number and shall be issued at Headquarters.
(ii) Capture Furbearing Animal for Domestication. Capture Furbearing Animal for Domestication licenses shall not be limited in number and shall be issued at Headquarters.
(k) Archery. Archery licenses shall not be limited in number. They shall be issued as over-the-counter licenses at Department Regional Offices, Headquarters and at designated license selling agents.
(l) Commercial Licenses. Commercial licenses require written approval by Department personnel prior to issuance.
(i) Commercial Fish Hatchery. Commercial Fish Hatchery licenses shall not be limited in number and shall be issued at Headquarters.
(ii) Deal in Live Bait. Deal in Live Bait licenses shall not be limited in number and shall be issued at Department Regional Offices and Headquarters.
(iii) Fishing Preserve. Fishing Preserve licenses shall not be limited in number and shall be issued at Headquarters.
(iv) Fur Dealer. Fur Dealer licenses shall not be limited in number and shall be issued at Headquarters.
(v) Game Bird Farm. Game Bird Farm licenses shall not be limited in number and shall be issued at Headquarters.
(vi) Seine or Trap Fish. Seine or Trap Fish licenses shall not be limited in number and shall be issued at Department Regional Offices and Headquarters. No person shall apply for or receive more than one (1) seine or trap fish license during a calendar year.
(vii) Taxidermist. Taxidermist licenses shall not be limited in number and shall be issued to qualified persons at Headquarters.
(m) Fishing. Fishing licenses shall not be limited in number. They shall be issued as over-the-counter licenses at Department Regional Offices, Headquarters and at designated license selling agents.
(i) In order for a duplicate license to be issued, a duplicate license affidavit shall be properly completed by the licensee and by the license selling agent or sub-agent.
(A) For a license that was originally hand issued, the license selling agent or sub-agent from the business entity that issued the license shall be required to complete the duplicate license affidavit.
(B) For a license that was originally issued through the Internet point of sale system, the license selling agent or sub-agent shall be required to complete a duplicate license affidavit prior to issuing a duplicate license.
(ii) Duplicate licenses shall be issued at Department Regional Offices, Headquarters, through designated Department personnel, and through designated license selling agents.
(iii) The Department and license selling agents shall charge a fee of five dollars ($5.00) for issuance of a duplicate license.
(iv) The Department shall not charge a fee for issuance of a duplicate license when the loss or destruction of the license is the fault of the Department.
(i) The completion of a duplicate license affidavit shall not be required for the issuance of a replacement license.
(ii) The Department and license selling agents shall charge a fee of five dollars ($5.00) for the issuance of a replacement license.
(p) Resident Guide Licenses shall be issued for no charge at Department Regional Offices, Headquarters, and through designated Department personnel.
(i) Limited Quota Sandhill Crane. Applicants shall be selected by random computer selection. Both residents and nonresidents shall draw against the same quota. Limited quota sandhill crane permits that have not been applied for and issued through drawings shall be issued at Headquarters or at designated Department Regional Offices on an as processed basis until quotas have been reached or the permit is no longer valid.
(ii) General Sandhill Crane. The permits shall not be limited in number and shall be issued as over-the-counter permits at Headquarters.
(b) Disabled Hunter and Disabled Hunter Companion Permits. Any person qualified to obtain a disabled hunter permit or purchase a disabled hunter companion permit shall apply on the proper application form to the Department's License Section at Headquarters or to Department Regional Offices.
(c) Hunters with a Qualifying Disability Permit. Any person qualified to obtain a Hunter with a Qualifying Disability Permit to Shoot from a Vehicle shall apply on the proper application form to the Department's License Section at Headquarters, Department Regional Offices, or designated Department personnel.
(d) Migratory Bird.
(i) Harvest Information Permit. Harvest Information Permits shall not be limited in number and shall be issued at Department Regional Offices, Headquarters and at designated license selling agents throughout the state. Harvest Information Permits may also be available through the Department's website.
(e) Furbearing Animal, Limited Quota Beaver and Marten.
(i) Applicants shall be selected by random computer drawing. Both residents and nonresidents shall draw against the same quota. Leftover permits may be issued to the first eligible applicant applying to Headquarters for the remaining permits.
(f) Pheasant.
(i) Glendo Permit. Eighty percent (80%) of each year's total available limited quota Glendo pheasant permits shall be offered to residents in the initial drawing. Glendo pheasant permits that have not been applied for and issued through the drawing shall be issued at Headquarters on an as processed basis until quotas have been reached or the permit is no longer valid. No person shall apply for or receive more than one (1) Glendo Permit in a single calendar year.
(ii) Springer Permit. Eighty percent (80%) of each year's total available limited quota Springer pheasant permits shall be offered to residents in the initial drawing. Springer pheasant permits that are not applied for and issued through the drawing shall be issued at the Springer Check Station.
(g) Reciprocity Permit. Reciprocal agreements provide for licensing for fishing of residents of Wyoming and adjoining states upon artificial impoundment of water forming the boundary between Wyoming and adjoining states. Reciprocity permits shall not be limited in number and shall be sold at designated Department Regional Offices, Headquarters and designated license selling agents.
(h) Special Management Permit. Any individual participating in a special management program shall be required to purchase a special management permit. Special Management Permits shall not be limited in number and shall be issued at Headquarters, at designated Department Regional Offices, and at designated license selling agents. Hunters purchasing a special management permit shall validate the permit by signing in ink across the face of the permit. Hunters who acquire a special management permit in conjunction with a license from the Department's computerized point of sale license issuance system shall not be required to meet the signature provisions of this subsection.
(i) Special Limited Fishing Permit.
(i) Any institution or facility designated by the Department to issue special limited fishing permits to any person under the care and supervision of the residing facility as authorized in W.S. §23-2-207 may issue such permits to fish in accordance with Commission Regulation Chapter 46, Fishing Regulations.
(ii) Special limited fishing permits shall specify the following information:
(A) Name and date of birth of individual to whom the permit is issued. (B) Calendar year for which the permit is valid. (C) Name of institution or facility issuing the permit. (D) Name of the person employed by institution or facility who issued the permit.
(j) No person shall apply for or receive any permit under this section by false swearing, fraud or false statement of any kind or in any form.
Section 7. Tags.
(a) Wyoming Interstate Game Tag. Wyoming Interstate Game Tags shall not be limited in number and shall be sold through Department Regional Offices, Headquarters, designated Department personnel, game tag distributors or their designees.
Section 8. Stamps.
(a) Conservation Stamp. Conservation Stamps shall not be limited in number and shall be sold through Department Regional Offices, Headquarters, designated Department personnel, designated license selling agents and the Internet electronic application service.
(i) Hunters or anglers acquiring a conservation stamp for the purpose set forth in W.S. §23-2-306 shall validate the stamp by signing their name in ink in the space provided on the face of the stamp. Hunters or anglers who acquire a lifetime conservation stamp, a conservation stamp authorization from the Department's computerized point of sale license issuance system or Internet issued conservation stamp shall not be required to meet the signature provisions of this subsection.
(ii) The validated stamp, or the document exhibiting the stamp privilege shall be in possession of any person required by W.S. §23-2-306 to obtain a stamp if the person is engaged in the act of hunting or fishing and shall be immediately produced for inspection upon request from any Department personnel.
(b) Wildlife Damage Management Stamp. Wildlife Damage Management Stamps shall not be limited in number and shall be sold through Department Regional Offices, Headquarters and at designated license selling agents. The price for the stamp shall be established by the Wyoming Animal Damage Management Board.
Section 9. Landowner Licenses. Landowner licenses shall only be issued to those landowners that own land which provides habitat for antelope, deer, elk or wild turkeys and meets the requirements as set forth in this section. Any lands purchased or subdivided for the primary purpose of obtaining landowner licenses shall not be eligible for landowner licenses. The Wyoming Game and Fish Commission authorizes the issuance of landowner licenses in order to provide the opportunity for a landowner applicant or member of the landowner applicant's immediate family to hunt antelope, deer, elk or wild turkey on the landowner's property in the case where all available licenses for a hunt area have been totally limited in number and only available through a competitive drawing. In the case of resident license availability, no landowner licenses shall be authorized if hunting with a general license is allowed at any time during the hunting season, unless the general license is valid for antlerless deer or antlerless elk hunting only. In the case where the nonresident landowner applicant qualifies for a landowner license in a hunt area where the current hunting season authorized by Commission regulation provides for both limited quota and general licenses during the established hunting season for the species applied, the nonresident landowner applicant may apply for either the limited quota license or a general license. If a limited quota license is desired, the nonresident landowner applicant may apply for the limited quota license for the area in which the applicant qualifies in the nonresident regular drawing. The nonresident landowner applicant that is unsuccessful in obtaining a limited quota license in the nonresident regular drawing may subsequently apply to the Department for the issuance of a general license. No landowner licenses shall be issued for reduced price doe/fawn antelope, reduced price doe/fawn deer, or reduced price cow/calf elk. Regardless of change in ownership of a particular parcel of land, no more than two (2) landowner licenses for each species (antelope, deer, elk, or wild turkey) shall be issued in any calendar year on the basis of the qualification of the particular parcel.
(a) Resident or nonresident landowner applicants that own land in Wyoming or members of the landowner applicant's immediate family may be issued licenses upon application and payment of the specified fee. Licenses shall be issued to landowners without participating in a competitive drawing unless the number of landowner license applications 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. Landowner license applications shall be drawn first in each respective resident and nonresident drawing and shall be drawn against the total quota available in each respective hunt area.
(b) In order to qualify for a license issued under this section, the deeded land qualifying the landowner applicant shall be located in the hunt area for which applied, shall consist of a minimum of one hundred sixty (160) contiguous acres and shall be utilized by the type of big game or wild turkeys for which the applicant applied to the extent the land provides food, cover and water. The landowner applicant shall demonstrate that the species of wildlife for which the license application has been made utilized the described land for a minimum of two thousand (2,000) days of use during the twelve (12) month period immediately preceding the date of application. Applications for landowner licenses shall be submitted to the game warden or regional wildlife supervisor in whose geographic area of responsibility the land listed on the application occurs.
(c) Landowner license applications shall be limited to the following species: antelope, deer, elk and wild turkey. A maximum of two (2) licenses per species may be authorized for a qualified landowner to be applied for by a landowner applicant. The two (2) licenses shall be designated by the landowner to be applied for by the landowner applicant, or a member of the landowner applicant's immediate family. In no case may an individual landowner applicant apply for or receive more than one (1) landowner license per species in a calendar year; except, an individual landowner applicant may apply for and receive one (1) landowner license for a spring wild turkey license and one (1) landowner license for a fall wild turkey license in the same calendar year. A maximum of one (1) license per species may be allowed to a landowner applicant regardless of the number of landholdings in which the landowner applicant holds an interest.
(d) As a condition of eligibility for licenses issued to landowners, landowner applicants shall provide on and with the application for a license issued to landowners documentation that substantiates in which capacity the individual qualifies as a landowner applicant under the definition of a landowner applicant or landowner's immediate family in this Chapter. Documentation shall be the completion of the landowner license application form provided by the Department and any attachments required by the Department to determine eligibility of the applicant. The Department shall consider the eligibility of the applicant based on the requirements in this regulation and documentation provided by the landowner.
Section 10. Lifetime Licenses and Conservation Stamp. Any resident qualified to purchase a lifetime fishing or lifetime combination game bird/small game/fishing license pursuant to Wyoming statute may apply on the proper application form to the Department's License Section at Headquarters.
(a) Wyoming statute provides for a lifetime conservation stamp. Any person may apply on the proper application form to the Department's License Section at Headquarters.
(b) Receiving a lifetime license grants the recipient the privilege of utilizing the license for his lifetime; however, the license shall not be construed as exercising resident hunting or fishing privileges in Wyoming when and if the person leaves the State of Wyoming nor shall such a license serve as proof of residency to obtain other resident licenses.
Section 11. Governor Complimentary Licenses. Wyoming statutes provide for the issuance of complimentary licenses to be issued at the request of the Governor. Big game licenses authorized under this section shall be valid for the species for which the license has been issued. These licenses shall be valid in any hunt area in accordance with Commission regulations, except for the following:
(a) Complimentary moose licenses shall not be valid in any moose hunt area, which has a total quota of ten (10) or less licenses.
(b) Complimentary bighorn sheep licenses shall not be valid in any bighorn sheep hunt area, which has a total quota of eight (8) or less licenses.
(c) Holders of Governor Complimentary licenses shall be exempt from the provisions in this Chapter limiting the number of big game licenses an individual can possess in any one calendar year. However, State statute dictates that a hunter shall be restricted to take a maximum of two (2) elk in a season under all licenses held. An individual is eligible to receive a Governor Complimentary moose license and a Governor Complimentary bighorn sheep license annually. Recipients shall be exempt from the five (5) year waiting period and preference points shall not be lost if an individual receives a Governor Complimentary moose license or bighorn sheep license.
(a) Wyoming statutes provide that each appointed Commissioner may cause, through the issuance of license authorizations to nonprofit charitable organizations, to be issued at full price, complimentary antelope, deer, or elk licenses. Once the commissioner complimentary license authorization has been auctioned or otherwise bid to the highest bidder or raffled to members of the public by the nonprofit or charitable organization, the recipient of the license authorization may only transfer the license authorization to another person if no additional consideration above the bid or raffle price is paid by the transferee. The recipient of the license authorization may donate the license authorization back to the nonprofit or charitable organization that originally bid the license authorization to be rebid to a new highest bidder. The Department shall issue the license in the name of the person who submits the authorization for license issuance. All big game licenses authorized under this section are valid for a specific region or hunt area as designated by the applicant at the time of application. The specific region, or hunt area, or type shall not be changed following the issuance of the license by the Department. Holders of Commissioner Complimentary licenses shall be exempt from the provisions in this Chapter limiting the number of licenses an individual can possess in any one (1) calendar year. However, State statute dictates that a hunter shall be restricted to take a maximum of two (2) elk in a season under all licenses held. As a condition to issuance of a Commissioner Complimentary license, the Department shall require an authorized officer of the recipient organization to certify under penalty of law that the respective organization is a nonprofit, charitable organization as defined in this regulation and eligible to receive the Commissioner Complimentary license authorization.
(b) The Commission may, upon receipt of payment of the proper fee issue up to ten (10) antelope licenses, ten (10) deer licenses, five (5) elk licenses and ten (10) turkey licenses for exclusive distribution by nonprofit charitable organizations for use by persons eighteen (18) years of age or younger with a life threatening illness. The nonprofit charitable organization shall provide these licenses to the licensee at no cost. Licenses issued under this subsection shall be issued above quotas established for the hunt area(s).
(i) Qualifying organizations shall submit a completed application to the Department's License Section on or before August 1 for antelope, deer, and elk licenses. For turkey licenses, completed applications shall be received on or before March 1 of the hunt year.
(ii) As a condition to issuance of a license in this subsection, the Department shall require an authorized officer of the recipient organization to certify under penalty of law that the respective organization is a nonprofit, charitable organization as defined in this regulation and eligible to receive license(s) listed in this subsection.
(iii) Provide a notarized statement from a licensed physician stating the license recipient is clinically diagnosed with a life threatening illness.
(iv) The Department shall issue licenses to individuals sponsored by qualifying organizations meeting the provisions under this subsection to residents and nonresidents in accordance with Section 5(e)(i), 5(e)(iii), 5(e)(iv), and Section 5(h)(iii) of this chapter. General wild turkey licenses shall be issued to resident and nonresident applicants on a first come, first served basis. In the event the number of applications exceed the number of licenses available under this subsection, the Department shall allocate the licenses to qualifying organizations through a random drawing. Licenses remaining after the initial issuance shall be available on a first come, first served basis until the quotas for licenses in this subsection have been allocated.
(a) Pioneer lifetime combination game bird/small game/fishing licenses may be issued to qualified individuals. The Pioneer Game Bird/Small Game/Fishing licenses shall not be limited in number and shall be issued at Department Regional Offices and Headquarters.
(b) Pioneer Heritage antelope, deer or elk licenses. Pioneer heritage antelope, deer, or elk licenses may be issued to any resident who was born after January 1, 1930, is at least seventy (70) years of age prior to the issuance of the license and has continuously resided in Wyoming for at least fifty (50) years immediately preceding application for the license. The fee for such licenses shall be: pioneer heritage antelope license, twenty dollars ($20.00); pioneer heritage deer license, twenty-three dollars ($23.00); and, pioneer heritage elk license, thirty-two dollars ($32.00).
(c) Honorably discharged pioneer veteran combination game bird/small game/fishing licenses may be issued to qualified individuals. Combination game bird/small game/fishing licenses may be issued to residents of the state who qualify as honorably discharged pioneer veterans. The honorably discharged pioneer veteran game bird/small game/fishing license shall not be limited in number and shall be issued at Department Regional Offices and Headquarters upon submission by the applicant of documentary proof that he qualifies as an honorably discharged pioneer veteran.
(d) One hundred percent (100%) disabled resident veteran combination game bird/small game/fishing license may be issued to qualified individuals. Combination game bird/small game/fishing licenses may be issued to residents of the state who qualify as one hundred percent (100%) disabled resident veterans. The one hundred percent (100%) disabled resident veteran game bird/small game/fishing license shall not be limited in number and shall be issued at Department Regional Offices and Headquarters upon submission by the applicant of documentary proof provided by the United States Department of Veteran's Affairs that he qualifies as a one hundred percent (100%) disabled resident veteran.
(e) Wyoming statutes provide for the issuance of antelope, deer, or elk pioneer licenses to individuals qualified at the time of license issuance. For purposes of drawings for which the submission of a proper application form shall be required, license issuance shall be considered to be the published tentative draw date. Any resident person qualified to receive a limited quota pioneer big game license shall make application on proper application forms to Headquarters or any location designated by the Chief Fiscal Officer. Limited quota pioneer licenses for antelope, deer, and elk shall be applied for in accordance with Section 17 of this Chapter. Pioneer general and pioneer heritage general deer and elk licenses shall be issued at Department Regional Offices and Headquarters. Limited quota reduced price pioneer and reduced price pioneer heritage doe/fawn antelope, doe/fawn deer, and cow/calf elk licenses shall only be issued at Headquarters, except as otherwise provided by the Chief Fiscal Officer.
(f) Resident disabled veteran's lifetime fishing license. Any resident disabled veteran who receives fifty percent (50%) or more service connected disability compensation from the United States Department of Veteran's Affairs may apply on the proper application form for a resident disabled veteran's lifetime fishing license. The disabled veteran's resident lifetime fishing license shall not be limited in number and shall be issued at Department Regional Offices and Headquarters upon submission by the applicant of documentary proof provided by the United States Department of Veteran's Affairs that he receives fifty percent (50%) or more service connected disability compensation. The license shall remain valid for the lifetime of the person in whose name it is issued as long as the person is a resident in accordance with W.S. §23-1-107 and Commission rules and regulations.
(a) Complimentary resident general elk, resident general deer, resident game bird, resident small game and resident daily fishing licenses shall be issued to any Wyoming resident serving on active duty in the United States military deployed to a combat zone while home on military leave during the applicable hunting or fishing season. Applicants for licenses in this subsection shall meet the statutory requirements established in W. S. §23-2-101(a), and shall provide to the Department a valid, current military identification card, military leave orders, a current Leave and Earnings Statement indicating the applicant is receiving hostile fire compensation and proof of residency at the time of application. Licenses shall be issued at no fee to the applicant and shall only be issued at the Headquarters or Department Regional Offices.
Section 15. Depredation Licenses. Application shall be made to Department Regional Offices in the region where participation is desired on proper application forms. Applicants shall apply annually to be included on priority lists. Applicants shall make separate application for each species. Name placement on each list shall be established in accordance with Commission regulations.
Section 16. Party Applications. The maximum allowable number of applications in a party shall be six (6). Residents and nonresidents shall not apply together in the same party, except for sandhill crane permits. Applications from landowner applicants shall not be accepted as a party with non-landowner applicants. Nonresidents applying in the drawing for special licenses shall not apply as a party with nonresidents applying in the drawing for regular licenses. No party applications shall be accepted for moose, bighorn sheep, or mountain goat licenses. All party applications may be disqualified if one or more applications within the party are improper or incomplete; or, if the party block has not been properly completed; 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 shall be submitted together in the same envelope. All members of a party may either receive licenses or refunds of their license fees minus application fees and applicable preference point fees.
(a) Any qualified individual may apply for or receive a resident game and fish license, permit, or tag if the person meets the residency requirements pursuant to W.S. §23-1-102(a)(ix)(xv) and §23-1-107. When an individual signs an application to obtain a resident license or signs a resident license, the individual swears that he is a Wyoming resident as defined in W.S. §23-1-102(a)(ix)(xv) and §23-1-107.
(b) Any person applying for or purchasing a resident game and fish license, permit, preference point, or tag shall provide proof of their residency. License selling agents and the Department shall consider as documentary evidence of residency the applicant's Wyoming driver's license or Wyoming identification card, a copy of their school records, a completed military form DD214, a completed and signed proof of residency statement on a form provided by the Department or a completed proof of residency affidavit issued through the Department's Internet point of sale system. 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 Wyoming statutes.
(c) A person qualifying as a Wyoming resident in accordance with W.S. §23-1-107(c) shall not gain or lose residency for the purpose of serving full time for a period not to exceed four (4) years in an established volunteer service program for charitable purposes, humanitarian purposes, or religious purposes. A letter, signed and notarized by the volunteer service program's director, which describes the services provided (including that they were provided without remuneration), the duration of service, and the hours served may be used to establish compliance with W.S. §23-1-107(c).
(d) A person qualified as a Wyoming resident as defined in W.S. §23-1-102 (ix) and W.S. §23-1-107, is not considered a nonresident for the purposes of applying for or purchasing licenses, permits, tags or preference points.
(a) Proper application forms for drawings shall be separate documents submitted to Headquarters during the application periods stated in this section. The Department may also implement the ability to submit electronic applications for drawings through a Department approved website. Electronic applications shall provide for an electronic signature process for residency oaths, certification to the correctness of information provided, or any other assertions as may be required by this regulation on the applications. Evidence of electronic signatures on drawing applications may not be excluded in legal proceedings. Ref: W.S. § 40-21-113
(b) All applications for resident licenses and permits shall contain the resident applicant's signature and when applicable, the parent or legal guardian's signature in accordance with Wyoming statute. All applications for nonresident licenses and permits shall contain either the nonresident applicant's signature or the signature of the person submitting the application on behalf of the applicant. Where Commission regulation does not provide for a distinction between resident and nonresident applicants, the application shall contain the applicant's signature or the signature of the person submitting the application on behalf of the applicant.
(c) Photo copies of properly completed applications shall be accepted through mail or hand delivery. Except as specifically authorized by the Fiscal Division License Draw Coordinator, applications submitted to the Department through facsimile devices shall not be accepted.
(d) Applications made on the proper application form and accompanied by the proper fee shall be accepted at Headquarters or any location designated by the Chief Fiscal Officer per the schedule presented in subsection (h) of this section. Personal checks from nonresident applicants drawn on banks not in Wyoming shall only be accepted by the Department for licenses issued in the initial drawings. Applicants whose checks are returned to the Department unpaid by their banks shall be required to replace the returned check and to pay for any licenses issued or applications submitted during the remaining calendar year and the next calendar year with cashiers checks or money orders. Cash shall be accepted as proper fee. However, the sending of cash and endorsed checks through the mail or left at the Headquarters drop box shall be done at the applicant's own risk. The Department shall not provide receipts and shall not accept any responsibility for theft or loss for any reason.
(e) Applications shall not be accepted after 5:00 p.m. mountain time zone on the respective application deadline dates listed in subsection (h) regardless of postmark date or mail deliverance method utilized by the applicant, except for licenses remaining unsold after the drawings. If the deadline date occurs on a day when Headquarters has been closed to mail delivery or for license sales (weekends, holidays, etc.), applications received on the next business day by 5:00 p.m. mountain time zone on that day shall be accepted as meeting the application deadline. No application for a current calendar year license shall be accepted after 5:00 p.m. mountain time zone December 31 of the same current year.
(f) Applications submitted through the Department's electronic online application service shall not be accepted after 5:00 p.m. mountain time zone on the respective application deadline dates listed in subsection (h). If the deadline date occurs on a day when Headquarters has been closed to mail delivery or for license sales (weekends, holiday, etc.), the electronic online application service shall be available until 5:00 p.m. mountain time zone on the next business day.
(g) If the Department's electronic online application service is closed during the deadline date listed in subsection (h), as determined by Commission policy, the Department shall accept applications through the online application service until 5:00 p.m. mountain time zone on the next calendar day.
| LICENSE | BEGINNING APPLICATION DATE | LAST DATE TO ACCEPT APPLICATIONS |
|---|---|---|
| ANTELOPE | ||
| Limited Quota Nonresident License | Jan. 1 | March 15 |
| Limited Quota Nonresident License With Preference Point Option | Jan. 1 | March 15 |
| Limited Quota Reduced Price Nonres. Doe/Fawn | Jan. 1 | March 15 |
| Limited Quota Reduced Price Resident Doe/Fawn | May 1 | May 31 |
| Limited Quota Resident | May 1 | May 31 |
| Limited Quota Resident Landowner | April 15 | May 15 |
| BIGHORN SHEEP | ||
| Limited Quota Nonresident | Jan. 1 | Feb. 28* |
| Limited Quota Resident | Jan. 1 | Feb. 28* |
| Nonresident Preference Point Only | July 1 | Sept. 30 |
| Resident Preference Point Only | July 1 | Sept. 30 |
| LICENSE | BEGINNING APPLICATION DATE | LAST DATE TO ACCEPT APPLICATIONS |
|---|---|---|
| DEER | ||
| General and Limited Quota Resident | May 1 | May 31 |
| Limited Quota Resident Landowner | April 15 | May 15 |
| Limited Quota Reduced Price Nonres. Doe/Fawn | Jan. 1 | March 15 |
| Limited Quota Reduced Price Resident Doe/Fawn | May 1 | May 31 |
| Nonresident Preference Point Only | July 1 | Sept. 30 |
| Region and Limited Quota Nonresident License | Jan. 1 | March 15 |
| Region and Limited Quota Nonresident License With Preference Point Option | Jan. 1 | March 15 |
| ELK | ||
| General and Limited Quota Nonresident License | Jan. 1 | Jan. 31 |
| General and Limited Quota Nonresident License With Preference Point Option | Jan. 1 | Jan. 31 |
| General and Limited Quota Resident | May 1 | May 31 |
| Limited Quota Reduced Price Nonres. Cow/Calf | Jan. 1 | Jan. 31 |
| Limited Quota Reduced Price Resident Cow/Calf | May 1 | May 31 |
| Limited Quota Resident Landowner | April 15 | May 15 |
| Nonresident Preference Point Only | July 1 | Sept. 30 |
| FURBEARING ANIMAL Limited Quota Furbearing Animal Sept. 1 Trapping Permit | ||
| MOOSE | ||
| Limited Quota Nonresident | Jan. 1 | Feb. 28* |
| Limited Quota Resident | Jan. 1 | Feb. 28* |
| Nonresident Preference Point Only | July 1 | Sept. 30 |
| Resident Preference Point Only | July 1 | Sept. 30 |
| MOUNTAIN GOAT | ||
| Limited Quota Nonresident | Jan. 1 | Feb. 28* |
| Limited Quota Resident | Jan. 1 | Feb. 28* |
| PHEASANT | ||
| Glendo Permit | Aug. 15 | Sept. 15 |
| Springer Permit | Aug. 15 | Sept. 15 |
| PREFERENCE POINT ONLY | ||
| Nonresident | July 1 | Sept. 30 |
| Resident | July 1 | Sept. 30 |
| SANDHILL CRANE | ||
| General | Aug. 1 | Through end of season |
| Limited Quota | July 1 | July 31 |
| WILD BISON PRIORITY LIST | ||
| Jan. 1 | Feb. 28* |
| LICENSE | BEGINNING APPLICATION DATE | LAST DATE TO ACCEPT APPLICATIONS |
|---|---|---|
| WILD TURKEY | ||
| Limited Quota Nonresident | ||
| Spring | Jan. 1 | Jan. 31 |
| Fall | July 1 | Aug. 15 |
| Limited Quota Nonresident Landowner | ||
| Spring | Jan. 1 | Jan. 31 |
| Fall | July 1 | Aug. 15 |
| Nonresident General | ||
| Spring | Jan. 1 | Through end of season |
| Fall | July 1 | Through end of season |
| Limited Quota Resident | ||
| Spring | Jan. 1 | Jan. 31 |
| Fall | July 1 | Aug. 15 |
| Limited Quota Resident Landowner | ||
| Spring | Jan. 1 | Jan. 31 |
| Fall | July 1 | Aug. 15 |
| Resident General | ||
| Spring | Jan. 1 | Through end of season |
| Fall | July 1 | Through end of season |
*February 29 on leap year.
Section 19. Drawing Advantage. The Department shall develop and maintain a license issue system that allows qualified persons, as prescribed below, who have either purchased a preference point or were unsuccessful in the drawing for a bighorn sheep, moose, or nonresident antelope, deer or elk license, a drawing advantage in future years as prescribed in Wyoming statutes.
(a) All preference points accumulated through methods not authorized by this regulation or statute shall be subject to deletion.
(b) Preference points shall be assigned to persons who apply to receive preference points during authorized application periods. The following provisions apply to the issuance of preference points.
(i) No person shall apply for or receive a preference point during any calendar year in which the person's privilege to obtain a license has been revoked or suspended by a court or the Wildlife Violator Compact.
(ii) Preference points are not transferable from one person to another or from one species to another.
(iii) No person may apply for more than one (1) preference point per species in the same calendar year. If the applicant applies for a preference point during the initial license drawing period, they shall not apply for a preference point for the same species during the preference point only application period in the same calendar year. Any preference point awarded in a calendar year shall not be considered for advantage in any license drawings during the same calendar year in which it was awarded.
(iv) A person shall not apply for or receive a separate preference point in the same calendar year in which the person receives a bighorn sheep or moose license or a first choice license in the initial drawing for nonresident antelope, deer or elk.
(v) A person eleven (11) years of age may apply for a preference point if the person shall become twelve (12) years of age in the same calendar year as the application for a preference point is made.
(vi) For the purposes of assigning preference points in this section, any unsuccessful license applicant failing to apply for a license or preference point during a second consecutive calendar year shall lose all accumulated preference points and shall be considered as a first year applicant for any subsequent calendar year in which the applicant submits an application for a license or a preference point for that particular species.
(vii) For the purpose of retaining preference points in this section, any nonresident who becomes a resident and has accumulated preference points will retain those points as long as the sportsperson applies for a license for that particular species within two (2) consecutive calendar years. Failing to apply for a license or preference point within two (2) consecutive calendar years, the sportsperson shall lose all accumulated preference points for that particular species.
(c) If a person desires to apply for a preference point only and not receive a license, the person shall apply for and receive a preference point by paying the proper fee and making application during the preference point only application period specified in Section 18 of this regulation.
(d) If an applicant's preference points have been deleted because the applicant caused more than one (1) customer record to be generated by using a different sportsperson identification number or a different last or first name, then those preference points shall not be restored. The Chief Fiscal Officer may make an exception in the case of name changes because of marriage, divorce, adoption, or legal name change.
(e) Upon drawing a bighorn sheep or moose license, all accumulated preference points by the applicant for that species shall be deleted. No person shall apply for or receive a bighorn sheep license or preference point for bighorn sheep within any consecutive five (5) year period of having received a bighorn sheep license through the drawing. No person shall apply for or receive a moose license or preference point for moose within any consecutive five (5) year period of having received a moose license through the drawing.
(i) Preference points are assigned to residents and nonresidents who are unsuccessful in either the bighorn sheep or moose drawings. The nonresident preference point fee, in addition to the statutorily prescribed application fee, shall be retained from the license fee remitted. The preference point fee for nonresidents shall be one hundred dollars ($100.00) for bighorn sheep and seventy-five dollars ($75.00) for moose.
(ii) In lieu of applying for a bighorn sheep or moose license, a person may elect to purchase a preference point for each species. The preference point fee for residents shall be seven dollars ($7.00) per species and the fee for nonresidents shall be one hundred dollars ($100.00) for bighorn sheep, and seventy-five ($75.00) for moose. The applicant is not required to pay the statutorily prescribed application fee.
(f) A preference point shall only be assigned to nonresident antelope, deer or elk applicants, who participate in the initial drawing for full price licenses and who have remitted the proper preference point fee and who are unsuccessful in drawing their first choice license. The preference point fee, in addition to the statutorily prescribed application fee, shall be retained from the total amount remitted. The preference point fee for nonresidents shall be thirty dollars ($30.00) for antelope, forty dollars ($40.00) for deer, fifty dollars ($50.00) for elk and ten dollars ($10.00) per species for nonresident youth.
(i) In lieu of applying for a nonresident antelope, deer or elk license, a nonresident applicant may elect to purchase a preference point for each species. The preference point fee for nonresidents shall be thirty dollars ($30.00) for antelope, forty dollars ($40.00) for deer, fifty dollars ($50.00) for elk and ten dollars ($10.00) per species for nonresident youth. The applicant, when only applying for preference points, is not required to pay the statutorily prescribed application fee. Individuals that have drawn their first choice license in the initial draw are prohibited from purchasing or receiving a preference point in the same calendar year.
(ii) Upon drawing a license for the applicant's first choice in the initial draw for nonresident antelope, deer or elk, all accumulated preference points by the applicant for that species shall be deleted and the applicant shall be prohibited from purchasing a preference point for that species in the same calendar year.
Section 20. Reservation of Licenses. Individuals who have been issued a Governor's Complimentary license for bighorn sheep or moose and who have been unable to use the license for good cause may reserve a license for the same species for the immediately succeeding calendar year only. Individuals who have been issued bighorn sheep, moose, mountain goat or grizzly bear licenses through the Department's drawing process and who have been unable to use the license for good cause may reserve a license for the same species, hunt area, and season type for the immediately succeeding calendar year only. Conditions of this reservation are set forth in subsection (a) (b) (c) and (d) of this section.
(a) To qualify for consideration of reservation of a bighorn sheep, moose, mountain goat, or grizzly bear license due to a natural disaster, the licensee shall request the reservation in writing. The request, along with the unused intact license, must be received by the Headquarters, Fiscal Administration before the opening date of the season for the designated species as specified in Commission rules and regulations during the year for which the initial license is issued.
(b) For reasons related to being unable to use the license for good cause, other than natural disaster and military deployment, the individual and the individual's physician shall fully complete a Disabled Hunter Certification Form. This form, along with a 'restriction from hunting activity' statement on the physician's official prescription slip, and the license unaltered and with all coupons intact shall be submitted to Headquarters, Fiscal Administration. For reasons related to being unable to use the license for good cause, other than natural disaster and disabling injury or illness, military personnel who receive permanent change of station (PCS) orders or are assigned away from their home duty station on temporary orders (TDY) for the majority of the regular season, shall provide to Headquarters a copy of official military orders from the Armed Forces of the United States along with the license unaltered and with all coupons intact. In no case shall a person be allowed to reserve any license if the person fails to submit the license unaltered and with all coupons intact to Headquarters, Fiscal Administration before the opening date of the season for the designated species as specified in Commission rules and regulations during the year for which the license is issued.
(c) Prior to the respective drawing, license quotas in the subsequent year for areas where licenses have been reserved may be adjusted to reflect reservations as provided by Wyoming statute and this Chapter.
(d) In circumstances where related season, quota or sex limitation of the hunt area for the unused license changes in the subsequent year, the following options shall be offered:
(i) If the unused license allowed taking either sex of animal, but that type no longer exists, the licensee shall be given a choice of a license for an antlered (male) or antlerless (female) animal in the subsequent year.
(ii) If the unused license was limited to taking an antlerless or female animal, but that type no longer exists, the licensee shall be given either an any or an antlered or male only license at the Department's discretion in the subsequent year.
(iii) If the license was limited to taking an antlered or male animal, but that type no longer exists, the licensee shall be given either an any or an antlerless or female only license at the Department's discretion 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 licensee shall be offered a license for the same species and sex limitations in another area of the licensee's choice.
(v) If in the next year, the entire state has been closed to hunting of the species listed on the unused license, the licensee shall not be issued another license to hunt that species. Under this circumstance, the licensee shall be issued a refund of the fee paid for the unused license.
Section 21. Applicant Disqualification. The applicant(s) is solely responsible for the veracity of information on the application(s). Applications shall be disqualified from participating in drawings for the following reasons:
(a) Improper application form;
(b) Improper completed application;
(c) Receipt of application after the deadline application date, regardless of postmark or type of mail delivery utilized by the applicant;
(d) Improper fee as described in the definitions of this Chapter or as specified in administrative procedure of the Department;
(e) Applications for more licenses or permits than authorized by regulation or statute;
(f) The applicant's privilege to purchase or receive any hunting license or preference points have been suspended by a court order or the Wildlife Violator Compact;
(g) The applicant causes more than one (1) sportsperson identification number to have been assigned;
(h) Submission by an individual of more than one (1) application for a license for the same big or trophy game species or wild turkey unless authorized by Commission regulation;
(i) Submission of an application in which all hunt area choices for bighorn sheep or moose are invalid or closed;
(j) Applying for a license the applicant is not eligible to receive by Rule and Regulation or Statute;
(k) Check returned unpaid by the bank;
(l) The application for big or trophy game licenses is made by an individual under the age of fourteen (14) years and the application has not been cosigned by the applicant's parent or legal guardian; or,
(m) The applicant will not reach twelve (12) years of age by December 31 of the year the application is made for the purchase of a preference point. An applicant less than twelve (12) years of age may apply for and receive a big or trophy game hunting license provided the applicant will reach twelve (12) years of age during the season for the designated species as specified in Commission Rules and Regulations during the year for which the license is valid.
(a) Non-Payment of Child Support.
(i) Upon receipt from the Department of Family Services of a certified copy of an order from a Court to withhold, suspend, or otherwise restrict a license or preference point issued by the Commission, the Department shall notify the party named in the court order by first-class mail of the withholding, suspension, or restriction in accordance with the court order. The Department shall mail this notice by first-class mail to the party named and to the address provided by the Department of Family Services.
(ii) Upon receipt of a notice from the Department of Family Services that the obligor is in compliance with the court order, the Game and Fish Department shall immediately reinstate the license unless the license has been suspended or revoked for other reasons. The Department shall by first-class mail notify the party named and to the address provided by the Department of Family Services that the individual's license privileges have been reinstated. The Department shall also mail by first-class mail to the obligor any licenses in the Game and Fish Department's possession at the time of reinstatement.
(iii) The Department shall maintain a written record indicating to whom the notice was mailed and the address to which the notice was mailed.
(b) Wildlife Violator Compact. The Department may suspend license privileges in accordance with Commission Regulation Chapter 54 Home State Suspension Procedures For The Wildlife Violator Compact dated September 9, 2003, and which does not include any later amendments or editions of the incorporated matter.
Section 23. Withdrawal or Modification of Application and Refund of License Fees. Licenses, permits, stamps, tags, or preference points issued under Title 23, Wyoming Statutes or this regulation become the permanent property of the licensee and shall not be canceled or any fee refunded after the license, permit, stamp, tag, or preference point has been issued, except as specified in this section or otherwise as set forth in Commission regulation.
(a) A request for a voluntary withdrawal of an application before a drawing shall be accepted subject to a five-dollar ($5.00) processing fee to cover the Department's administrative cost of the transaction. The request to withdraw an application shall be received in writing, by facsimile or initiated through the Department's Internet application service at least fifteen (15) business days before the published tentative draw date. The five-dollar ($5.00) processing fee shall be waived in the case of pioneer license applicants, but not in the case of pioneer heritage license applicants and in the case of the death of an applicant as evidenced by a copy of the death certificate. The processing fee for withdrawal of an application shall be deducted from the license fee refund.
(i) Applicants may not submit a voluntary withdrawal form for the Wild Bison Priority Listing or for the purchase of a preference point only.
(b) A request for modification of an application must be received at least fifteen (15) business days prior to the published tentative draw date.
(i) If the applicant submitted an application form to Headquarters, the applicant may only request changes to hunt area and type. The changes must be requested in writing, by facsimile bearing the applicant's signature and sportsperson identification number or initiated through the Department's Internet application service.
(ii) If the applicant submitted an application form through the Department's electronic online application service, the applicant may initiate authorized changes to their application record via the online application service.
(c) To request a refund of a license fee in this subsection, the licensee shall submit the request for refund in writing along with the unused, unaltered license with all coupons intact to Headquarters, Fiscal Administration during the calendar year for which the license is valid. The licensee shall also execute and submit at the time of a refund request a Department affidavit describing the reason(s) the licensee was not able to exercise the license privileges which includes a sworn statement that the licensee did not exercise any hunting privileges granted by the license including any or all seasons for the designated species as specified in Commission regulation during the calendar year for which the license was valid. If the license is destroyed, lost or illegible, the licensee shall state on the Department affidavit to that effect and timely submit with the written request for refund in the calendar year for which the license is valid. If the licensee is granted a refund for a license the individual may apply for and receive any remaining issue-after license for the same species in accordance with State statutes and Commission regulations. Application fees and any applicable preference point fees will not be refunded.
(d) To qualify for a refund of a license fee in accordance with this section, the licensee shall meet one (1) of the following provisions:
(i) In the case of the death of the licensee, any person who has authority to represent the decedent as provided by a court order shall submit a written request for a license refund supported by a copy of the respective death certificate. The date of death on such certificate shall have occurred prior to the opening of the regular season, or during the regular season, resulting in the licensee not being able to participate in the majority of the regular season.
(ii) In the case of the death of the licensee's spouse, parents, grandparents, lineal descendants and their spouses, step-parent, step-sibling, step-children, father-in-law, mother-in-law, brother-in-law, sister-in-law, step-son-in-law or step-daughter-in-law, the licensee shall submit a written request for a license refund supported by the respective death certificate. The date of death on such certificate shall have occurred during the regular season, resulting in the licensee not being able to participate in the majority of the regular season.
(iii) In the case of incapacitating illness or injury of the licensee supported by a physician's sworn statement on a Department form that the licensee is incapable of performing tasks necessary to exercise the privileges of the license;
(iv) Military personnel who receive permanent change of station (PCS) orders. Military personnel who are assigned away from their home duty station on temporary orders (TDY), for the majority of the regular season, all of this being supported by a copy of official military orders from the Armed Forces of the United States, and such orders require the affected personnel to move away from their home duty station shall accompany the written request for the license refund;
(v) Individuals who are not able to participate in the majority of the regular season for the species specified in Commission rules and regulations during the year for which the license is issued as a result of a court subpoena, jury duty, Grand Jury investigation or attorneys required to attend criminal cases. A certified copy of the court document shall accompany the written request for the license refund;
(vi) When the Department determines one-hundred percent (100%) of the hunting opportunity and access to the hunt area has been closed due to administrative actions of the state or federal government in closing of the public access to public lands due to a natural disaster, including but not necessarily limited to, wildland fires, the licensee of a limited quota antelope, bighorn sheep, deer, elk, moose, or mountain goat license may request a license fee refund;
(vii) An error on the part of the Department or its authorized agent where the applicant has been issued a license not requested. An applicant may request in writing to the Chief Fiscal Officer to review a decision made by a Department employee or an agent of the Department in the handling of the application for, or the issuance of a license, permit, or preference point if the decision is contrary to statute or rule and regulation promulgated by the Commission. All decisions of the Chief Fiscal Officer shall abide by provisions of state and federal statutes and commission regulations. In the case of Department error on an unsuccessful application, or an applicant who is issued a license other than that for which he applied, the Chief Fiscal Officer shall determine whether the applicant would have drawn the license if the error had not happened. If the applicant would have drawn and no licenses remain available, the Chief Fiscal Officer may increase the license quota to resolve the claim. For the unsuccessful applicant who would not have drawn and who would have received a refund had the error not occurred, the Chief Fiscal Officer shall make no other finding in his decision. For the successful applicant who would not have drawn the first choice had the error not occurred, the Chief Fiscal Officer shall offer two choices. The Chief Fiscal Officer may offer the licensee a refund or allow the licensee to keep the license so issued;
(viii) Any youth licensee may be granted a license refund if the youth licensee's opportunity to hunt is jeopardized as a result of any license refund granted by the Department as specified in sections (i), (ii), (iii), (iv), (v), (vi), or (vii) of this subsection.
(e) Refunds shall not be allowed under the following circumstances:
(i) The licensee illegally purchased more licenses than what he was entitled to purchase by Commission regulation or Wyoming statute;
(ii) Under no circumstances shall the Department approve refund of any license, permit, stamp, or tag if the written request for refund is received after December 31st of the calendar year in which the license, permit, stamp, or tag was issued;
(iii) Refunds shall be denied in any circumstance where the licensee hunted on the license for the designated species as specified in Commission rules and regulations, including special archery seasons, during the year for which the license is issued.
(f) There shall be no right of appeal to the Commission for any decision rendered by the Chief Fiscal Officer or the Department for any provision of this section.
(g) Restoration of preference points. In any case where a license may be obtained by the accumulation of preference points, or preference points may be obtained in lieu of application for a license and a license refund is granted by the Department, all accumulated preference points, including any preference point that may have been earned for the year the license is issued, shall be restored to the applicant.
Section 24. Alteration or Transfer of Licenses, Permits, Stamps, Tags, Coupons or Preference Points to Another Person Prohibited; Use by Another Person Prohibited; Invalidation by Improper Fees. Department licenses, permits, stamps, tags or coupons shall not be altered by anyone other than authorized Department personnel.
(a) No license, permit, stamp, tag, coupon or preference point shall be transferred, or used for the purpose of taking wildlife except by the individual to whom it was issued and therein named and while in that individual's possession. No individual shall take or attempt to take any wildlife using another individual's license, permit, stamp, tag, or coupon. Any license, permit, stamp, preference point, or tag shall not be valid unless the proper fees have been received by the Department.
(b) Licenses, excluding lifetime licenses, shall only become valid when signed by the person in whose name the license is issued in the space provided on the license for the owner's signature, and where applicable, co-signed by a parent or legal guardian.
(c) Any Department enforcement officer may seize as evidence any license, permit, stamp, tag, or coupon that was obtained in violation of Commission regulations or Wyoming statute.
Section 25. License Expiration. All licenses, excluding licenses to operate game bird farms, shall expire on the last day of the calendar year in which issued; except, the Commission by regulation provides that big game licenses and wild bison licenses issued in one (1) calendar year are valid through the closing date established in January of the next succeeding calendar year when the Commission establishes a hunting season for big game animals or wild bison for which the licenses are valid that opens in one (1) calendar year and closes in January of the next succeeding calendar year. All daily hunting and fishing licenses shall only be valid for the calendar day(s) delineated on the license.
Section 26. Violation of Commission Regulations. Failure to abide by the provisions of this regulation shall be punishable as provided by Wyoming statutes for violation of Commission regulations.
Section 27. 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 which can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of this regulation are severable.
Clifford Kirk, President
Dated: March 12, 2009