Wolf management-repeal of 2007 legislation-2.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0598

HOUSE BILL
NO.
HB0245

Wolf management-repeal of 2007 legislation
-
2.

Sponsored by:
Representative(s) Brown

A BILL

for

AN ACT relating to game and fish; providing for classification of gray wolves; repealing provisions for management of gray wolves as trophy game in specified areas of the state and providing for such management un
d
er amended laws; and providing for an effective date.

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

Section 1.
W.S. 11
‑
6
‑
302(a)(ix)(B)(II), (x)(B)(I) and (II), 23
‑
1
‑
101(a)(viii)(B)(II), (xii)(B)(I) and (II), 23
‑
1
‑
302(a)(xxix), 23
‑
1
‑
304(a), (c), (d), (e)
and
by creating a new subsection (q) and 23
‑
3
‑
115(c) are amended to read:

11
‑
6
‑
302.

Definitions.

(a)

As used in this article:

(ix)

"Predatory animal" means:

(B)

Until the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in
Wyoming
as provided by W.S. 23
‑
1
‑
108, "predatory animal" includes wolves. After that date, "predatory animal" shall include any gray wolf not within an area of the state in which the gray wolf is:

(II)

Classified as a trophy game animal by the game and fish commission pursuant to W.S.
23
‑
1
‑
304(a)

23
‑
1
‑
304(q)(i)(A)
.

(x)

"Trophy game animal" means:

(B)

From and after the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23
‑
1
‑
108:

(I)

"Trophy game animal" shall include any gray wolf within those tracts of land within
the
following described area, subject to modification as authorized in this subdivision: northwest Wyoming beginning at the east boundary of the Shoshone National Forest and the Wyoming-Montana state line; southerly along said forest boundary to the common boundary between the Shoshone National Forest and the Wind River Indian Reservation; westerly and then southeasterly along the Shoshone National Forest boundary to the Union Pass Road (USFS Road 263); southerly along said road until it intersects the north boundary of the Upper Green River Cattle Association's grazing allotment on forest service lands; following the eastern boundary of said allotment southerly and westerly to the point it intersects the Bridger-Teton National Forest boundary; westerly along said forest boundary to U.S. Highway 189-191; northwesterly along said highway to U.S. Highway 26-89-191 at Hoback Junction; northerly along said highway to Wyoming Highway 22; westerly along said highway to the Wyoming-Idaho state line; north along said state line to the Wyoming-Montana state line; north and then east along said state line to the east boundary of the Shoshone National Forest. This described area may be diminished by rule of the game and fish commission if the game and fish commission determines the diminution does not impede the delisting of gray wolves and will facilitate Wyoming's management of wolves

boundaries of Wyoming designated as Yellowstone National Park, Grand Teton Nation
al
Park, John D. Rockefeller, Jr. Memorial Parkway and those federally designated wilderness areas contiguous to these national parks and this parkway as defined by the United States congress as of January 1, 2003
; and

(II)

"Trophy game animal" shall include any gray wolf within any area of the state where gray wolves are classified as trophy game animals by the game and fish commission pursuant to W.S.
23
‑
1
‑
304(a)

23
‑
1
‑
304(q)(i)(A)
.

23
‑
1
‑
101.

Definitions of wildlife.

(a)

As used in this act:

(viii)

"Predatory animal" means:

(B)

Until the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in
Wyoming
as provided by W.S. 23
‑
1
‑
108, "predatory animal" includes wolves. After that date, "predatory animal" shall include any gray wolf not within an area of the state in which the gray wolf is:

(II)

Classified as a trophy game animal by the commission pursuant to W.S.
23
‑
1
‑
304(a)

23
‑
1
‑
304(q)(i)(A)
.

(xii)

"Trophy game animal" means:

(B)

From and after the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23
‑
1
‑
108:

(I)

"Trophy game animal" shall include any gray wolf within those tracts of land within
the
following described area, subject to modification as authorized in this subdivision: northwest Wyoming beginning at the east boundary of the Shoshone National Forest and the Wyoming-Montana state line; southerly along said forest boundary to the common boundary between the Shoshone National Forest and the Wind River Indian Reservation; westerly and then southeasterly along the Shoshone National Forest boundary to the Union Pass Road (USFS Road 263); southerly along said road until it intersects the north boundary of the Upper Green River Cattle Association's grazing allotment on forest service lands; following the eastern boundary of said allotment southerly and westerly to the point it intersects the Bridger-Teton National Forest boundary; westerly along said forest boundary to U.S. Highway 189-191; northwesterly along said highway to U.S. Highway 26-89-191 at Hoback Junction; northerly along said highway to Wyoming Highway 22; westerly along said highway to the Wyoming-Idaho state line; north along said state line to the Wyoming-Montana state line; north and then east along said state line to the east boundary of the Shoshone National Forest. This described area may be diminished by rule of the commission if the commission determines the diminution does not impede the delisting of gray wolves and will facilitate Wyoming's management of wolves

boundaries of Wyoming designated as Yellowstone National Park, Grand Teton Nation
al
Park, John D. Rockefeller, Jr. Memorial Parkway and those federally designated wilderness areas contiguous to these national parks and this parkway as defined by the United States congress as of January 1, 2003
; and

(II)

"Trophy game animal" shall include any gray wolf within any area of the state where gray wolves are classified as trophy game animals by the commission pursuant to W.S.
23
‑
1
‑
304(a)

23
‑
1
‑
304(q)(i)(A)
.

23
‑
1
‑
302.

Powers and duties.

(a)

The commission is directed and empowered:

(xxix)

After the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23
‑
1
‑
108, to classify gray wolves as predatory or trophy game animals in accordance with W.S. 23
‑
1
‑
304, and to regulate the number of gray wolves which may be taken under a license issued under this act
.

or as necessary to carry out the commission's duties under this act.

23
‑
1
‑
304.

Classification of gray wolves.

(a)

The commission shall
by rule and regulation establish areas within the state where gray wolves are classified as trophy game animals and set seasons and bag limits within those areas. The areas designated, seasons and bag limits shall be set annually in a manner the commission determines, through rule and regulation, only as necessary to reasonably ensure at least seven (7) breeding pairs of gray wolves are located in this state and primarily outside of Yellowstone National Park, Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway at the end of the current calendar year

determine the classification of gray wolves as provided in this section. In making this classification the commission shall rely upon information provided by department personnel and shall consult with the Wyoming animal damage management board created by W.S. 11
‑
6
‑
303 and the director of the Wyoming department of agriculture, and consider any additional information provided by that board and by that director
.

(c)

For purposes of this section
"breeding pair"

"pack"
means
an adult male and an adult female gray wolf raising at least two (2) pups of the year until December 31. The number of breeding pairs shall be certified by the department prior to January 31 of each year

five (5) or more gray wolves traveling together. If a group of gray wolves consists of more than ten (10) animals known to be traveling together, the commission may, at its discretion, recognize the number of packs within such a group to be equal to the number of reproductively mature females bearing young found within that group of wolves
.

(d)

The department shall institute and maintain an active program of population monitoring statewide.
Population monitoring shall include the use of global positioning systems and radio collaring of gray wolves, including use of aerial tracking, necessary to accurately determine the population and movement of gray wolves in the state. The commission is authorized to enter into memoranda of understanding with the
United States
fish and wildlife service or other federal agencies to fund the purchase of the necessary technology and to ensure accurate and adequate monitoring of wolf population levels and movements through global positioning systems and radio collar tracking.
In all areas of the state, except where otherwise provided, any person who harvests a wolf shall notify the department where the harvest occurred within ten (10) days. Any information regarding the number or nature of wolves legally harvested within the state of
Wyoming
shall only be released in its aggregate form and no information of a private or confidential nature shall be released without the written consent of the person to whom the information may refer. Information identifying any person legally harvesting a wolf within this state is solely for the use of the department or appropriate law enforcement offices and is not a public record for purposes of W.S. 16
‑
4
‑
201 through 16
‑
4
‑
205.

(e)

The department shall actively monitor big game animal herd populations statewide to determine whether and to what extent the gray wolf is negatively impacting big game animal herds, and thereby hunting opportunities. To the extent permitted by this title,
and notwithstanding other provisions of this title by those means authorized by the commission,
the department shall manage the gray wolf population as necessary to ensure the long-term health and viability of any big game animal herd that is being threatened in this state.

(q)

The department shall provide to the commission at least a quarterly monitoring report on the number of gray wolf packs within this state and their general location. Within thirty (30) days of receiving a department report the commission shall at a public meeting:

(i)

Determine if there are less than seven (7) packs of gray wolves located in this state and primarily outside of
Yellowstone

National Park
,
Grand Teton

National Park
and
John D. Rockefeller, Jr. Memorial Parkway
and less than fifteen (15) packs within this state, including
Yellowstone

National Park
,
Grand Teton

National Park
and
John D. Rockefeller, Jr. Memorial Parkway
. If such a determination is made:

(A)

The commission shall adopt rules and regulations to classify the gray wolf as a trophy game animal and prohibit the taking of gray wolves except as provided by W.S. 23
‑
3
‑
115(c), within that area of the state the commission determines is necessary to reasonably ensure seven (7) packs of gray wolves are located in this state and primarily outside of Yellowstone National Park, Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway at the end of the current calendar year;

(B)

At any time that gray wolves are classified as trophy game animals outside of any area specified in W.S. 23
‑
1
‑
101(a)(xii)(B)(I), the commission shall:

(I)

Meet in public not less than once every ninety (90) days to review the classification and determine the need for its continuance;

(II)

In consultation with the director of the Wyoming department of agriculture, upon receipt of information from the department of agriculture, consider the reclassification of wolves in all or a portion of such area at the commission's next scheduled meeting, or at an earlier meeting of the commission as the commission deems desirable or necessary.

(ii)

Maintain the classification of gray wolves as a predatory animal and trophy game animal as specified in W.S. 23
‑
1
‑
101(a)(viii) and (xii)(B)(I), if it determines there were at least seven (7) packs of gray wolves located in this state and primarily outside of Yellowstone National Park, Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway or at least fifteen (15) packs within this state, including Yellowstone National Park, Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway as of the end of the preceding calendar quarter.

23
‑
3
‑
115.

Taking black bear, mountain lion, gray wolf, bobcat, weasel, badger, squirrels or muskrat for damaging property.

(c)

The provisions of subsection (a) of this section relating to the taking of animals doing damage to private property shall apply to gray wolves from and after the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23
‑
1
‑
108. The owner, employee or lessee acting under authority of this section shall notify the department of the killing of a gray wolf within an area of the state in which the gray wolf is classified as a trophy game animal. The notification shall be made within ten (10) days of the kill unless the gray wolf was taken in an area where wolves have been classified as trophy game animals pursuant to W.S.
23
‑
1
‑
304(a)

23
‑
1
‑
304(q)(i)(A)
in which case the notification shall be made within seventy-two (72) hours.

Section 2.
W.S. 11
‑
6
‑
302(b), 23
‑
1
‑
101(b), 23
‑
1
‑
109 and 23
‑
1
‑
304(g) through (p) and 2007 Wyoming Session Laws, Chapter 168, Section 4 are repealed.

Section 3.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0245