STATEMENT OF REASONS - Wyoming Legislature

STATEMENT OF REASONS

CHAPTER 44

REGULATION FOR ISSUANCE OF LICENSES, PERMITS, STAMPS, TAGS, PREFERENCE POINTS, COMPETITIVE RAFFLE CHANCES AND COUPONS

W.S. ? 23-1-302 empowers the Wyoming Game and Fish Commission (Commission) to prescribe the requirements and form, including electronic licensing format, for the licenses, stamps and tags provided in the Game and Fish Act.

W.S. ? 9-4-217 (h) allows the Wyoming Game and Fish Department to assess fees for processing a credit card to the person tendering payment.

Senate Enrolled Act No. 38 (SEA 38) of the Sixty-Fourth Legislature of the State of Wyoming 2018 Budget Session provides rules for license, permit and stamp expirations; and the reservation of unused limited quota, full price big or trophy game animal licenses.

House Enrolled Act No. 11 (HEA 11) of the Sixty-Fourth Legislature of the State of Wyoming 2018 Budget Session empowers the Commission to set rules for a person who is issued a hunting license for a grizzly bear or mountain goat to be eligible to apply for or receive a hunting license for the same species in any future year.

In Section 4, language has been added which indicates that effective January 1, 2019, the Commission may authorize the Department to charge an applicant a credit card processing fee for purchase of any license, permit, stamp, tag, preference point or competitive raffle chance applied for or purchased by the use of a credit card.

In Section 5, edits were made in accordance with HEA 11 which allows the Commission to set rules for issuance of grizzly bear or mountain goat licenses.

In Section 11, edits have been made to clarify the number of big game and wild bison licenses for holders of Governor Complimentary Licenses.

In Section 23, edits have been made to conform to SEA 38 regarding reservation of full price licenses.

Section 28, License Expiration, has been completely re-written to allow for some licenses to be valid for 12 months from the date of purchase, rather than valid for a calendar year, which conforms to SEA 38.

Minor grammatical and formatting edits have been incorporated to provide additional clarity but do not change the intent of the rules and regulations.

WYOMING GAME AND FISH DEPARTMENT

5400 Bishop Blvd. Cheyenne, WY 82006

Phone: (307) 777-4600 Fax: (307) 777-4699 wgfd.

November 15, 2018

GOVERNOR MATTHEW H. MEAD

DIRECTOR SCOTT TALBOTT

COMMISSIONERS MARK ANSELMI ? President DAVID RAEL ? Vice President GAY LYNN BYRD PATRICK CRANK KEITH CULVER PETER J. DUBE MIKE SCHMID

MEMORANDUM

TO:

David Dewald, Senior Assistant Attorney General

FROM:

Mike Choma, Wildlife Law Enforcement Supervisor

COPY TO: Brian Nesvik, Scott Edberg, Doug Brimeyer and Terri Weinhandl

SUBJECT:

Regulation Changes Subsequent to Public Comment: Chapter 44, Regulation for Issuance of Licenses, Permits, Stamps, Tags, Preference Points and Competitive Raffle Chances (Chapter 44)

The Wyoming Game and Fish Department (Department) conducted one (1) public meeting to address draft regulation proposals for Chapter 44. A draft regulation proposal was also available for viewing and public comment through the Department website from August 24, 2018 through October 8, 2018.

The Department received eight (8) total comments for Chapter 44. Three (3) comments were supportive of the proposed changes that would allow certain licenses to be valid for 12 months from the date of purchase. One (1) comment was not supportive of the proposed changes for issuance of mountain goat licenses. The remaining five (5) comments received did not address any specific regulation edits proposed for Chapter 44.

The Department made no additional edits to Chapter 44 as a result of the public comments received.

WGFD Web Comment Report Chapter 44, Regulation for Issuance of Licenses

1 After reading through the proposed regulation changes and the rationale for making them I would submit the following comments. I support making the licenses changes as proposed, to a 12 month period vs. a calendar year. Many other states have done the same thing on similar type licenses. As for Mountain Goat, I am not sure I fully understand the proposed changes. If they are to allow those who have already obtained a Mountain Goat license in the past, to apply for and receive another license at some point in the future, then I oppose the change. Demand for the license is far too high to allow those who already have had the opportunity to hunt goats, a second chance when others are still waiting to go for a first time.

Final Comment

Crooks, Robert

Cody, WY

8/27/2018 10:47:00 AM

2 You could enjoy the full potential of a hunting or fishing license to its fullest extent. God for bid you don't make as much money

Final Comment

Yarnell , Aaron

Pinedale , WY

8/27/2018 7:04:00 PM

3 I would like to see the state allow a 12 month license time instead of calendar year for small game as the season while only 7 mos long requires two licenses. Thank you Tim Cullen

Final Comment

CULLEN, TIMOTHY Gillette, WY

9/2/2018 11:30:00 AM

4 Grizzly Bear Licenses-why in the world don't you collect the license fee from residents and non-residents when they apply for their licenses? You do it for all other species and earn the interest from deadline dates

to draw dates.. You could make thousands of dollars for the Game and Fish Dept. projects and

management programs! What a "missed opportunity" to benefit Game and Fish!

Final Comment

Stambaugh, Janet

Cody, WY

9/11/2018 2:24:00 PM

5 I respectfully request intervention to intervene approval of regulation that would allow issuance of hunting licenses for grizzly bears. Thousands of wildlife watchers can photograph the same grizzly bears for years in the Greater Yellowstone Ecosystem, but not if they're hunted. According to at least three studies, Wyoming's local economies benefit greatly because of eco-tourism, and wildlife watchers spend nearly twice as much as hunters do. Yellowstone and Grand Teton national parks bring in millions of dollars each year. One study found that tourism in Wyoming brings the state nearly $9 million per day. But if one person kills a bear -- just to pose with it for a portrait in order to post on social media and then display a bear-skin rug -- that act robs us all of the enjoyment of seeing these magnificent animals, while diminishing the grizzly bear population, and the ecosystem. There is neither a biological nor ecological justification for hunting grizzlies. They aren't overpopulated nor overcrowded. They aren't starving, nor are they depopulating any other species. Nor is there a scientific basis for the argument that hunting grizzlies makes them scared of humans. A grizzly that has been shot by a hunter isn't scared, it's just dead. Or worse, it's a wounded bear wandering the same woods as we do. Nor is there a scientific basis for the argument that hunting grizzlies increases "social tolerance" for them. As traditional food sources for grizzly bears diminish, they are forced to travel further to discover sufficient food for themselves and their cubs. Ranging outside of the National Parks can often mean traversing land that is used for grazing cattle, is home to humans, or is traversed by busy ? and deadly ? roads. In 2016, a record number of grizzlies died as a result of conflicts with humans. Of a total 58 bears that died, nearly 70% of them were determined to be human-caused. In Jackson Hole alone, two young cubs were killed when they were hit by vehicles. With so many bears dying, do they really need to face hunters, too?

Final Comment

Dungan, Eveline

lexington, KY

9/24/2018 7:33:00 AM

6 Please consider making leftover elk tags bought by preference points instead of just luck of the draw. Please allow an increase from 16% non residents and allow more on the cap of 7,250. Love hunting your state but

dang near impossible to draw an elk tag nowadays. Thank you for making wyoming great.

Final Comment

Clark, Travis

Mindenmines , MO

9/26/2018 1:44:00 PM

7 I feel Bad about the grizzly being relisted back on the ESL. I don't understand how 1 man can tell 3 states what they can and can not Do.. You should do what San Francisco does, just ignore the Feds, do what you

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WGFD Web Comment Report Chapter 44, Regulation for Issuance of Licenses

want and have a right to. But in the end we will WIN. I hope it doesn't take 20 more years...Thanks Tom Keating

Final Comment

keating, tom

cody, WY

9/27/2018 5:39:00 PM

8 I am writing to state my opposition to any hunting of bears or wolves. I was a part of the "shoot them with a camera" movement. I applied for a grizzly bear tag this year in order to prevent killing of these beautiful animals. Animals are worth far more alive than dead. I watched thousands of people pull to the roadside in Yellowstone National Park to photograph animals. Tourism to your beautiful state depends on this amazing experience. Please ban hunting and trapping of bears and wolves. Sincerely, Heather Bartlett

Final Comment

Bartlett, Heather

Bonners Ferry, ID

10/5/2018 11:36:00 AM

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CHAPTER 44

REGULATION FOR ISSUANCE OF LICENSES, PERMITS, STAMPS, TAGS, PREFERENCE POINTS AND COMPETITIVE RAFFLE CHANCES

Section 1. Authority. This regulation is promulgated by authority of Wyoming Statutes ? 6-7-101, ? 9-4-217(h), ? 20-6-112, ? 23-1-107, ? 23-1-302, ? 23-1-702, ? 23-1-703, ? 23-1704, ? 23-1-705, ? 23-2-101, ? 23-2-102, ? 23-2-107, ? 23-2-109, ? 23-2-201, ? 23-2-207, ? 232-301, ? 23-2-306, ? 23-2-307, ? 23-2-401 and ? 23-3-403, ? 23-6-301 through ? 23-6-303.

Section 2. Regulation. The Commission authorizes the Department to issue licenses, permits, stamps, tags, preference points and competitive raffle chances, 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, Commission regulations 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 have been properly completed with correct applicant information, submitted within the proper time period and accompanied by the proper fee. 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), telephone number or email address, years of residency and proof of residency for resident fee types, Social Security Number (SSN), Individual Tax Identification Number (ITIN) or Passport Number from non-U.S. citizens, desired valid hunting license specifications, and an original signature for residents submitting paper applications. Completed application specifications refer to licenses sold through the Electronic Licensing Service (ELS) and manually issued licenses and permits.

(e) "Disabilities" as used in this Chapter means permanent anatomical, physiological or mental deficiencies that prevent or restrict normal achievement.

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(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 issued through the Electronic Licensing Service (ELS), 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 application form submitted through the Electronic Licensing Service (ELS).

(j) "Electronic Licensing Service (ELS)" means the Department's Electronic Draw Application System, Internet Point of Sale System and Online Internet Sales System used by the Department, license selling agents and the public to apply for or purchase licenses, permits, stamps, tags and preference points.

(k) "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).

(l) "Full Price License" means a deer, antelope, elk, mountain lion or ram bighorn sheep license issued that is not a reduced price doe/fawn, cow/calf, ewe/lamb or mountain lion license.

(m) "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.

(n) "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.

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