Wyo. Code R. 051-0001-17
General Agency, Board or Commission Rules
Chapter 17: Issuance & Use of Brand Inspection In State Movement Permits
Effective Date: 12/10/2002 to 04/09/2003
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 051.0001.17.12102002
(a) Pursuant to the authority vested in the Wyoming Livestock Board by virtue of W.S. 11-18-103 (v), W.S. 11-20-202 (a), W.S. 11-20-402, W.S. 11-20-212 the following rules and regulations are hereby promulgated.
(a) The purpose of these rules is to define the terms and procedures for establishing eligibility and criteria for In State Movement Permits for in state movement of livestock.
(a) For the purpose of implementing the Brand Inspection Program, the definitions in W.S. 11-20-101 and the following definitions are applicable.
(i) 'Agency Director' means the Chief Executive Officer of the Board.
(ii) 'Authorized Agent' means a manager for or an agent of the bona fide owner who has the authority to act on the behalf of the owner.
(iii) 'Bona Fide Affected Party' means any party that owns or manages livestock that may run contiguous to or may commingle with the livestock of the applicant or permittee.
(iv) 'Bona Fide Owner' means one who possesses 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 executive 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 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, Senior Supervisor, Brand Commissioner or Agency Director.
(x) “Home County” means the Wyoming county in which the ranch headquarters is located.
(xi) “In State Range Movement” means the movement of eligible livestock from a location in Wyoming to a noncontiguous location in another county.
(xii) “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 operating conditions and can be verified with brand inspection records for the last two (2) years.
(xiii) “Normal 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.
(xiv) “Original permit” means the official owner’s copy of the Livestock Board permit with original signatures.
(xv) “Permit Copies” means photocopies, facsimiles, or other Board approved copies of the original permit that must accompany each shipment of livestock.
(xvi) “Producer” means an owner or manager of livestock.
(xvii) “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 Movement Permit. A qualified ranch may include more than one location in more than one county within Wyoming.
(xviii) “Qualified Ranch Properties” means those ranch lands owned or leased by the qualified ranch.
(xix) “Ranch Unit” means livestock that are managed as a single herd.
(xx) “Senior Supervisor” means the brand inspector who is appointed to supervise all of the state brand inspection districts.
(xxi) “Ten-mile Radius” means an area of ten (10) miles from the exterior boundary of the qualified ranch properties.
(xxii) “Ten-Mile Radius Exempt Movement” means an in state range movement from the qualified ranch properties to a noncontiguous location in another county that is within a ten-mile area of the exterior boundary of the qualified ranch property.
(a) Penalties for a violation of these rules will be pursuant to law.
(a) After a determination by the Brand District Supervisor or other designated agent of the Board that the applicant qualifies for the permit pursuant to section (5) of this section, a Brand Inspection District Supervisor or other authorized agent of the Board may issue an In State Movement Permit 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.
(b) Each permit shall be made in triplicate. The original shall be given to the permittee, one (1) copy shall be retained by the District Brand Inspection 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:
(i) Pasturing, grazing, ranging or feeding the livestock.
(ii) Veterinary care.
(iii) Commercial lease or use.
(iv) Other Board approved movement that is deemed necessary for normal operating conditions.
No movement on the permit shall be allowed if there is a change of ownership.
(d) In State Movement Permits under this section shall be issued only to bona fide owners of ranch lands headquartered within Wyoming or to their authorized employees and to qualified Wyoming resident lessees of the ranch lands headquartered within Wyoming. 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 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 Movement Permit each calendar year.
(k) Permits legally issued from January 1, 2002, to July 1, 2002, shall be valid as issued until December 31, 2002, unless revoked by the agency pursuant to law.
(l) The In State Movement 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, and evidence of ownership by brand record. Livestock moved under the permit must be branded with the Wyoming brand or brands recorded on 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.
(m) 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. If an authorized agent of the Board requests an inspection, the livestock shall be inspected without any additional charge.
(n) Any bona fide owner or bona fide Wyoming resident lessee or his agent or authorized 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 during the inspection, the legal inspection fee may be charged and collected from the party requesting the inspection.
(o) A Brand Inspection Supervisor may request in writing that no person shall move animals under an In State Movement Permit unless advance notice of the proposed movement has been made to an authorized brand inspector, if the Brand Supervisor has cause to believe livestock not owned by the permit holder are intermingled with livestock owned by the permit holder.
(p) The permittee shall not ship any livestock bearing any other brands than those specified by the original permit.
(q) 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.
(r) If a change of ownership occurs before the livestock are returned to the county of origin of the In State 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.
(s) A list of all In State Movement Permit holders will be made available upon request.
(t) No In State Movement Permit is required for livestock that qualify under W.S. 11-20-211.
(u) No In State Movement Permit is required for the movement of livestock pursuant to the ten-mile radius exempt movement as allowed by statute W.S. 11-20-212 (a) and these rules. Livestock qualifying under the ten-mile radius clause of W.S. 11-20-212 (a) may only be moved to the qualified ranch properties for the purpose of pasturing, feeding, veterinary care, commercial lease or use, or other Board approved movement.
(v) The holder of an In State Movement Permit must comply with all applicable state brand and animal health laws and rules.
(w) Failure to comply with these provisions is cause for revocation of the permit.
(a) The fee imposed by W.S. 11-20-402 (a)(x) shall be collected at the time of issuance of the permit. (b) Any applicable Predatory Animal Control Fees under W.S. 11-6-210 shall be paid.
(a) An In State Movement Permit may be denied, suspended, or revoked by the Board after a finding that the person to whom the permit is granted has violated any of the brand inspection laws or any provision of these rules. (b) The District Supervisor or other designated agent of the Board shall check with the proper Law Enforcement personnel to determine if the applicant has violated any brand inspection laws or agency rules. If there is any doubt as to the qualifications of the applicant, the Board shall decide whether the permit will be issued. (c) If there are written complaints from three (3) or more bona fide affected parties to the Board, the Board will investigate the complaints and take appropriate action as specified by statute. (d) If the Executive Officer of the Board determines that the public health, safety or welfare requires emergency action against the permit holder, the permit may immediately be revoked or suspended.