Wyo. Code R. 040-0001-50
Effective Date: 03/28/2014 to 09/15/2022
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.50.03282014
Section 1. Authority. These regulations are promulgated by authority of W.S. §23-1-102(a)(xiv), §23-1-103, §23-1-302, §23-5-201, §23-5-202, §23-5-203, §23-5-204 and §23-6-207.
Section 2. Definitions. Definitions shall be as set forth in Title 23, Wyoming Statutes, Commission regulations, and the Commission also adopts the following definitions:
(a) 'Normal Stream Flow' means the average daily flow (ADF) as determined by the Department.
(a) Any person desiring to operate a fishing preserve shall submit proper fees and make application on forms provided by the Department. A map and legal description to the quarter (1/4) quarter (1/4) section, or lat-long coordinates in degrees, minutes and seconds, or in universal transverse mercator (UTM) coordinates of all privately owned lands to be included in the fishing preserve shall be provided. If privately owned lands are leased, a copy of the lease agreement shall also be included with the license application form.
(b) It shall be a violation of this regulation for the fishing preserve licensee to stock or maintain any species of fish not listed on the license application approved by the Department.
(c) A person may request to amend a fishing preserve license by submitting a written request to the Chief of Fisheries. The amendment shall specify the requested changes to the original fishing preserve license. The amendment request shall be reviewed by the Department and approved or denied.
(d) A fishing preserve license expires on the last day of the calendar year for which the license was issued.
Section 4. Acquisition of Fish. The source of fish to be stocked in fishing preserve waters shall be an aquaculture facility approved by the Department as defined in Commission Regulation Chapter 10, Regulation for Importation, Possession, Confinement, Transportation, Sale and Disposition of Live Wildlife.
Section 5. Transportation of Live Fish Prohibited. No person shall transport live fish, live fish eggs, or live fish gametes from fishing preserve waters except as authorized by the Department.
Section 6. Method of Take. Fish can only be taken or fished for in fishing preserve waters by legal fishing methods. Fishing preserve licensees may set their own creel limits. All other Commission fishing regulations apply.
Section 7. Removal of Unauthorized Species. Introduction of unauthorized fish species may require removal of said species or complete depopulation of fishing preserve waters within a time frame and by a method determined by the Department. These actions include, but are not limited to: 1) total or partial fishing preserve depopulation, due to possession of unauthorized species, or presence of fish disease pathogens of concern; or, 2) the capture of or destruction of escaped aquatic wildlife.
Section 8. Revocation of License. Failure to comply with any section within this regulation or with conditions placed on the license at the time of issuance shall be considered just cause for revocation of a fishing preserve license. Revocation of a license by the Commission shall be carried out in accordance with Commission Regulation Chapter 27, Rules of Practice Governing Contested Cases before the Wyoming Game and Fish Commission.
WYOMING GAME AND FISH COMMISSION
Mike Healy
Dated: January 22, 2014