Wyo. Code R. 051-0001-17
General Agency, Board or Commission Rules
Chapter 17: Brand Inspection and Recording Permits
Effective Date: 07/11/2014 to Current
Rule Type: Current Rules & Regulations
Reference Number: 051.0001.17.07112014
(a) Pursuant to the authority vested in the Wyoming Livestock Board by virtue of W.S. 11-20-212(d), W.S. 11-20-223(d), W.S. 11-20-125(c), and W.S. 11-20-402, the following rules are hereby promulgated.
The purpose of these rules is to define the terms and procedures for establishing eligibility and criteria for In-State Range Movement Permits, Out-of-State Accustomed Range Permits, and Seasonal Brand Permits.
(a) For the purpose of implementing these rules, the definitions in W.S. 11-20-101 and the following definitions are applicable.
(i) 'Accustomed Range' means a range or ranch which has been used for at least two (2) or more consecutive years for such purposes as specified in W.S. 11-20-223 including, but not limited to, pasturing, grazing, ranging or feeding of the livestock and can be verified with Brand Inspection Records for the last two (2) years.
(ii) 'Agency Director' means Chief Executive Officer of the Wyoming Livestock Board; is empowered to act on their behalf (subject to their review) and to supervise and manage the employees of the agency.
(iii) 'Authorized Agent' means a manager, employee, or an agent of the bona fide owner who has the authority to act on the behalf of the owner.
(iv) 'Bona Fide Owner' means one who controls through ownership or lease ranch lands headquartered within Wyoming and owns a registered Wyoming Brand that is used on livestock.
(v) 'Bona Fide Wyoming Resident Lessee' means a United States citizen who has a valid Wyoming Drivers License or Wyoming State issued identification and who has been a resident of Wyoming and domiciled in Wyoming for not less than one (1) year and who has not claimed residency elsewhere for any purpose during that one (1) year period. Having a Wyoming mailing address shall not alone prove Wyoming residency. Bona Fide Wyoming Resident Lessee also includes any legal alien who has resided continuously in Wyoming for at least one (1) year.
(vi) 'Brand Commissioner' means the division administrator who directs the state Brand Inspection and Brand Recording Programs.
(vii) 'Brand Inspection District Supervisor' means those brand inspectors that are appointed to supervise one of the state brand inspection districts.
(viii) 'Commercial Lease or Use' means any business practices in which a livestock owner would receive financial compensation for the use or lease of his livestock which does not include a sale or change of ownership.
(ix) 'Designated Agent of the Board' means a Brand Inspection District Supervisor, Brand Commissioner, State Veterinarian, or Agency Director.
(x) 'Estray Livestock' means any livestock found in the Permit Holder's herd whose ownership is either determined to belong to a party other than the Permit Holder or any livestock for which there is no sufficient proof of ownership found upon inspection by a brand inspector.
(xi) 'Home County' means the Wyoming county in which the Wyoming ranch headquarters is located.
(xii) 'In-State Range Movement' means the movement of eligible livestock from a location in Wyoming to a noncontiguous location in another Wyoming county.
(xiii) 'Movement History' means a history of movement of livestock from a location in Wyoming to a noncontiguous location in another county for at least two (2) or more consecutive years for the purposes of pasturing, grazing, ranging or feeding the livestock, veterinary care, commercial lease or use, or other Board approved movement that is deemed necessary for normal ranch management operating conditions and can be verified with brand inspection records for the last two (2) years.
(xiv) 'Normal Ranch Management Operating Conditions' mean those business practices or procedures, which are considered by the Board to be normal and customary for the operation of a livestock enterprise.
(xv) 'Original permit' means the official owner's copy of the Livestock Board permit with original signatures.
(xvi) 'Out-of-State Brand' means a brand or mark evidencing ownership, and is legally registered in a state or province other than Wyoming.
(xvii) 'Permit Holder/Permittee' means the individual or entity that has been issued an In-State Movement permit, Out of State Accustomed Range permit, or a Seasonal Brand permit.
(xviii) “Producer” means an owner or manager of livestock.
(xix) “Qualified Ranch” means a livestock producing business that operates from a specific location headquartered in Wyoming and has operated as a livestock business for at least two consecutive years, which can be verified by brand inspection records, and meets all other legal requirements to qualify for an In-State Range Movement Permit. A qualified ranch may include more than one location in more than one county within Wyoming.
(xx) “Ranch Headquarters” means the primary Wyoming location of the ranch operation.
(xxi) “Ranch Unit” means livestock that are managed as a single herd.
(xxii) “Seasonal Brand” means a livestock brand that is legally registered in another state or province and has been approved by the Board for use on cattle in Wyoming.
(xxiii) “State Veterinarian” means the veterinary official of the State authorized to supervise and perform the official animal health work of the State of Wyoming.
Penalties for a violation of these rules will be pursuant to law.
(a) After a determination by the Brand Inspection District Supervisor or other designated agent of the Board that the applicant qualifies for the permit pursuant to this section, an In-State Range Movement Permit may be issued for the movement of livestock from the Qualified Ranch in Wyoming to a noncontiguous location in another county provided the livestock owner owns or leases a Qualified Ranch and meets certain criteria established as provided herein. Pursuant to W.S. 11-20-212(a), any applicant who wants to move livestock from his home county to multiple counties must apply for a separate permit for each county they desire to move to under the In-State Range Movement Permit. Multiple counties shall not be allowed on a permit.
(b) Each permit shall be made in triplicate. The original shall be given to the Permittee, one (1) copy shall be retained by the Brand Inspection District Supervisor, and one (1) copy shall be forwarded and filed with the office of the agency.
(c) The movement must be for the purpose of:
(iv) Other Board approved movement that is deemed necessary for normal ranch management operating conditions. No movement on the permit shall be allowed if there is a change of ownership.
(d) In-State Range Movement Permits under this section shall be issued only to bona fide owners of ranch lands headquartered within Wyoming or to qualified Wyoming resident lessees of ranch lands headquartered within Wyoming or their authorized agents. A permit applicant must have a history of moving livestock from the qualified ranch to any noncontiguous location in another county for a Board approved activity for at least two (2) calendar years prior to qualifying for a permit. The two-year movement requirement provision may be waived by the Board or its designee provided the applicant requests a waiver from the Board in writing.
(e) A grazing Association shall not be considered an eligible permittee unless the livestock to be moved under the permit carry the grazing association's registered Wyoming Brand.
(f) If an applicant qualifies, the Board or designated agent of the Board may issue to the owner or his agent In-State Range Movement Permit and collect the fee imposed by W.S. 11-20-402.
(g) Each permit shall be good for the calendar year in which it is issued unless revoked for cause by the agency.
(h) Each permit shall be nontransferable.
(i) A permit copy shall be in the possession of the person in charge of any livestock being transported, trailed, or driven, and shall be shown upon request to any person authorized to enforce the brand inspection laws. If any person authorized to enforce the brand inspection laws requests the original permit, the permit holder must produce the original permit within 24 hours.
(j) The permit holder must apply to the Board for an In-State Range Movement Permit each calendar year.
(k) The In-State Range Movement Permit shall specify on the permit application the species of livestock to be moved, the place of origin and the destination county of all livestock to be moved, and evidence of ownership by brand record. Livestock moved under the permit must be branded with the Wyoming brand or Wyoming brands recorded on the permit. Failure to brand the livestock covered under this permit is a violation of the permit. A single permit may be issued to include more than one brand as long as the livestock covered by the permit are managed as a single ranch unit, and the owners of the brands have agreed in writing to issuance of the permit.
(l) All livestock included in the permit are subject to inspection at any time by any person authorized to enforce the brand inspection laws or designated agent of the Board and the person in charge of the livestock shall render the inspecting officer such assistance as is practicable during the requested inspection. The livestock shall be inspected without any additional charge if an authorized agent of the Board requests an inspection or if no estray livestock from the home county are found to have been moved under the permit. If estray livestock are found during the inspection and such livestock were moved under the terms of the permit, then all applicable inspection fees authorized under W.S. 11-20-402 shall be charged and collected from the permit holder.
(m) Any bona fide owner or bona fide Wyoming resident lessee or his authorized agent or designated agent of the Board may request that the livestock be inspected for brands and ownership at any time under the permit, and if requested the livestock shall be inspected. If no estray animals are found to have been moved under the permit during the inspection, any applicable fees authorized under W.S. 11-20-402 may be charged and collected from the party requesting the inspection. If estray livestock are found during the inspection, then all applicable inspection fees authorized under W.S. 11-20-402 shall be charged and collected from the permit holder.
(n) A permit holder must notify a Brand Inspector from the District where the permit was issued, via phone, fax or in electronic or written form, prior to moving any livestock on the permit for the purposes as stated in section 5(c). After notification, the Brand Inspection District Supervisor may require in writing that no person shall move animals under an In-State Range Movement Permit without prior inspection, if the Brand Inspection District Supervisor has cause to believe livestock not owned by the permit holder are intermingled with livestock owned by the permit holder.
(o) The permittee shall not ship any livestock bearing any other brands than those specified by the original permit.
(p) In applying for and accepting the permit, the permit-holder shall agree that due care will be taken to avoid including estray animals with any livestock removed from the county, and it shall be the responsibility of the permit holder that any estrays removed from their home range will be returned to the rightful owners. The permit holder shall be responsible for any expenses incurred while returning the estray animals to their rightful owner.
(q) If a change of ownership occurs before the livestock are returned to the county of origin of the In-State Range Movement Permit, the owner shall notify a brand inspector as soon as possible for an inspection of the livestock and shall pay all fees imposed under W.S. 11-6-210 and 11-20-401.
(r) No In-State Range Movement Permit is required for livestock that qualify under W.S. 11-20-211.
(s) The holder of an In-State Range Movement Permit must comply with all applicable state brand and animal health laws, rules, and orders.
(t) Failure to comply with these provisions is cause for revocation of the permit.
(a) If any eligible permittee is moving livestock to an accustomed range in another state and the movement is not permissible under W.S. 11-20-211, the producer may apply to the Board for an Out-of-State Accustomed Range Permit. After a determination by the Brand Inspection District Supervisor or other designated agent of the Board that the applicant qualifies for the permit pursuant to this section, an Out-of-State Accustomed Range Permit may be issued to a producer for the movement of livestock from an accustomed range or qualified ranch in Wyoming to a noncontiguous accustomed range or qualified ranch properties in another state provided the livestock owner owns or leases a qualified ranch and meets certain criteria established herein.
(b) Each permit shall be made in triplicate. The original permit shall be given to the permittee, one (1) permit copy shall be retained by the Brand Inspection District Supervisor, and one (1) permit copy shall be forwarded and filed with the office of the agency.
(c) The movement must be for the purpose of:
(i) Pasturing, grazing, ranging or feeding the livestock; or
(ii) Other Board approved movement that is deemed necessary for normal ranch management operating conditions.
(d) Out-of-State Accustomed Range Permits under this section shall be issued only to bona fide owners of ranch lands headquartered within Wyoming or to bona fide Wyoming resident lessees of ranch lands headquartered within Wyoming or their authorized agents. A permit applicant must have moved livestock from a location in one county to a noncontiguous location in another state for at least two (2) calendar years prior to qualifying for a permit.
(e) Each permit shall be good for the calendar year in which it is issued unless revoked for cause by the agency.
(f) Each permit shall be nontransferable.
(g) It is the responsibility of the permit holder to apply to the Board for an Out-of-State Accustomed Range Permit each calendar year.
(h) Each Out-of-State Accustomed Range Permit shall specify on the permit application the species of livestock to be moved, the place of origin, and the destination of all livestock to be moved.
(i) No person shall move livestock under an Out-of-State Accustomed Range Permit unless an inspection for brands and ownership has been made by an authorized Wyoming Brand Inspector. The Permit number shall be recorded on the Brand Inspection Certificate. The permit holder shall pay all applicable fees imposed by W.S. 11-20-402 and W.S. 11-6-210.
(j) The owner of livestock moved under the permit shall attest in writing that the livestock will be returned to this state prior to a change in ownership, and if a change of ownership occurs before the livestock are returned to the home county of the Out-of-State Accustomed Range Permit, the owner shall notify a brand inspector of the numbers and types of the livestock sold and shall pay the balance due of all fees imposed under W.S. 11-6-210 and 11-20-401.
(k) The holder of an Out-of-State Accustomed Range Permit shall comply with all applicable state brand and animal health laws, rules, and orders.
(l) Failure to comply with these provisions is cause for revocation of the permit.
(a) Applicants shall submit a request for a seasonal brand to the Board. The Board may issue a permit after the application has been researched by the Brand Recording Unit for possible conflicts and after receiving a recommendation by a Brand Inspection District Supervisor that the seasonal brand does not conflict with a registered Wyoming Brand, or that if it does conflict, it is determined that the use of the seasonal brand does not constitute a risk of misidentification that is deemed unacceptable by the Board with cattle branded with a registered Wyoming brand.
(b) The applicant shall show proof that the out-of-state brand is currently registered either by a brand card or a brand certificate from the state or province of issue.
(c) Eligible permittees are those individuals or entities that have a legally recorded brand in another state or province and are:
(i) Pasturing or grazing calves born to cows imported for seasonal grazing purposes. Calves to be branded with a seasonal brand must be less than six months old and running at their mother's side;
(ii) Importing yearling, feeder, or stocker cattle for seasonal feeding or grazing; or
(iii) Feeding cattle consigned to a commercial feedlot.
(d) Each permit shall be made in triplicate. The original shall be given to the permittee, one (1) copy shall be retained by the Brand Inspection District Supervisor, and one (1) copy shall be forwarded and filed with the office of the agency.
(e) The seasonal permit shall specify on the permit application the approximate number of cattle to be branded, the place of origin, and the Wyoming destination of all cattle to be imported.
(f) If a permit is issued, a Brand Inspector shall examine all brand clearances on all applicable cattle prior to the use of a seasonal brand. The permit holder must also notify a Brand
Inspector prior to branding the cattle, and the inspector may, at his or her discretion, examine the cattle during the branding. The cattle to be branded must not be mixed with other cattle prior to branding. The permit holder shall show the Seasonal Brand Permit to the brand inspector at the time of brand inspection. The permit holder shall provide proof of ownership of the cattle and pay all necessary brand inspection fees as prescribed by law.
(g) The seasonal brand may only be applied in the geographical location specified on the permit.
(h) Each permit shall be good for one-hundred eighty (180) days in the calendar year in which it is issued unless revoked for cause by the agency.
(i) Each permit shall be nontransferable.
(j) The permit holder is responsible to apply to the Board for a seasonal brand each calendar year. Applications must be received at least ninety (90) days prior to the intended use of the permit. Applications shall be researched for eligibility each year.
(k) A copy of the permit shall be in the possession of the person in charge of any cattle branded with the seasonal brand being transported, trailed, or driven, and shall be shown upon request to any person authorized to enforce the brand inspection laws.
(l) The permit holder shall comply with all applicable state brand laws, rules, and orders.
(m) Failure to comply with these provisions is cause for revocation of the permit.
(a) The fee for an In-State Range Movement Permit shall be in accordance with W.S. 11-20-402(a)(x) and Wyoming Livestock Board Chapter 9 rules. Any applicable Predatory Animal Control fees under W.S. 11-6-210 shall also be paid.
(b) The fee for an Out-of-State Accustomed Range Permit shall be in accordance with W.S. 11-20-402(a)(viii) and Wyoming Livestock Board Chapter 9 rules. Any applicable Predatory Animal Control Fees under W.S. 11-6-210 shall be also paid by the livestock owner prior to leaving the state. All livestock present in this state thirty (30) days or more shall pay the full fee imposed pursuant to W.S. 11-6-210.
(c.) The fee for issuing a Seasonal Brand permit shall be in accordance with W.S. 11-20-125, W.S. 11-20-103 and Wyoming Livestock Board Chapter 9 rules. Any applicable Predatory Animal Control Fees under W.S. 11-6-210 shall also be paid.
(a) If the Agency Director determines that the public health, safety, or welfare requires emergency action against the permit holder, the permit may immediately be revoked or suspended.
(b) The Board shall investigate any allegation of violation of the terms of a permit if:
(i) A Brand Inspection District Supervisor or Law Enforcement Investigator reports a suspected violation, or;
(ii) Written complaints are received from three (3) or more bona fide affected parties.
(c) If a board investigation is pending regarding an allegation of a permit violation, no livestock may be moved on an In-State Range Movement Permit without a prior brand inspection, pursuant to Section 5(l) of these rules and no action will be taken on any new permit. A permit violation can include, but is not limited to, documentable evidence that the permit holder failed to comply with the provisions of the permit or has violated a brand inspection or animal health law, rule, or order.
(d) The Board may suspend or revoke an existing permit and may deny the issuance of a In-State Range Movement Permit, an Out-of-State Accustomed Range Permit and Seasonal Brand permit upon a Board finding of a violation of any of the brand inspection or animal health laws, rules, or orders. After a finding by the Board of a permit violation, the applicant will be notified by certified letter of the finding of a violation. Any Board action concerning suspension or reinstatement of a permit and any future applications for a permit by that applicant will be conducted at a Board meeting and the applicant will be notified by certified letter of any such meeting and will be afforded an opportunity to address this issue before the board.
(e) Upon Board action that leads to a first time denial, suspension, or revocation of a permit, the applicant may re-qualify for the permit under the provisions of Section 5, 6, or 7 of these rules. Permit applicants who have had their permits denied, suspended, or revoked two or more times by the Board, shall not qualify for a permit pursuant to W.S. 11-20-212, W.S. 11-20-223, or W.S. 11-20-125 for a five year period.