Fishing outfitters.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0394

HOUSE BILL
NO.
HB0097

Fishing outfitters.

Sponsored by:
Representative(s) Cohee

A BILL

for

AN ACT relating to game and fish outfitting; providing for licensure of fishing outfitters and guides; modifying membership of the state board of outfitters and professional guides; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 23
‑
2
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401(c) and by creating a new subsection (e), 23
‑
2
‑
406(a)(ii)(intro) and (iii), 23
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2
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408(a)(intro), (iii), (b) and (e) and 23
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2
‑
410(c)(v) are amended to read:

23
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2
‑
401.

Guides required; exceptions; issuance of resident guide license.

(c)

A resident landowner may guide hunters
or anglers

on land owned by or deeded land leased to him without a guide license, or he may authorize nonresidents hunting
or fishing
without a guide on those lands. The license must bear the signature of the landowner, lessee, or agent of the owner on whose private property he is hunting
or fishing
as evidence that permission to hunt
or fish
has been granted.

(e)

Any resident possessing a valid resident fishing license may apply for and receive a resident fishing guide license. The resident fishing guide license shall be issued without charge or bond by the commission, any district supervisor or resident game warden upon receipt of an affidavit from the resident stating the names and addresses of the nonresident anglers to be guided, the area to be fished, and that the resident has not received nor will accept directly or indirectly any compensation for his services as a guide. A resident guide shall not accept any compensation or gratuity for his services. The name and license number of the nonresident angler shall be placed on the back of the resident guide license and stamped or signed by the issuer.

23
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2
‑
406.

Definitions.

(a)

As used in this act:

(ii)

"Outfitter" means a person including a hunting club, who advertises or holds himself out to the public for hire or remuneration to provide guide or packing services for the purpose of taking any big or trophy game animal, excluding any person who furnishes pack or riding animals and other equipment only to a hunter for his personal temporary use and any landowner providing outfitter services on private lands owned or leased by him
, or a person who furnishes the use of watercraft, equipment or personal service for the purpose of catching fish
. As used in this paragraph:

(iii)

"Professional guide" means any person employed by or operating under an independent contract with a licensed outfitter to furnish personal services for the conduct of outdoor recreational activities for the purpose of hunting animals
or catching fish

except any person employed by a licensed outfitter solely to care for, groom or saddle livestock, cook, cut wood or to transport people, equipment and personal property;

23
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2
‑
408.

Wyoming state board of outfitters and professional guides; membership; meetings; per diem and travel expenses.

(a)

The Wyoming state board of outfitters and professional guides is established within the department of administration and information and shall consist of
seven (7)
nine (9)
members as follows:

(iii)

Four (4)
Six (6)
members representing a variety of types and sizes of outfitters
, two (2) of which shall be representing fishing outfitters or guides, and shall be
appointed by the governor from a list of nominations submitted by licensed outfitters in Wyoming. Nominees shall be licensed outfitters or professional guides with not less than five (5) years experience in outfitting or professional guiding in this state. Two (2) nominees shall be submitted for each board vacancy and appointments shall rotate among game and fish commission appointment districts within the state.

(b)

Appointed members shall be appointed by the governor with the advice and consent of the senate in accordance with W.S. 28
‑
12
‑
101 through 28
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12
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103 and may be removed by the governor as provided by W.S. 9
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1
‑
202. Not more than
four (4)
six (6)
members of the board shall be of the same political party. Except as otherwise provided for initial appointees, the term of an appointed member shall be three (3) years.

(e)

The board shall meet upon the call of the chairman, at the call of a majority of board members or upon request of the governor.
Four (4)
Six (6)
members constitute a quorum.

23
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2
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410.

Powers and duties of board; generally; employees; licensing and regulation.

(c)

The board shall license and regulate outfitters and professional guides in this state and shall:

(v)

Designate areas within the state as recommended by the commission for game management purposes in which a licensee may conduct
big game or trophy game

outfitting or professional guiding under the license;

Section 2.
This act is effective July 1, 2005.

(END)

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HB0097