Game and fish license fees-2.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0505

HOUSE BILL
NO.
HB0136

Game and fish license fees-2.

Sponsored by:
Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee

A BILL

for

AN ACT relating to game and fish;
amending hunting, fishing, watercraft and other license and application fees as specified; eliminating resident daily game bird/small game licenses;

providing for separate bull and cow/calf wild bison licenses
; providing for the adjustment of license, application, entry, stamp and permit fees annually; requiring reports; authorizing rulemaking; and providing for an effective date.

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

Section 1.
W.S. 23
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1
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505 is created to read:

23
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1
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505. Annual fee adjustments.

(a)

As provided in W.S. 23
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1
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702, 23
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2
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101(e), (f), (j) and (k), 23
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2
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107(c)(ii) and (e), 23
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2
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201(d), 23
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2
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301(c), 23
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2
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306(a) and (b), 23
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2
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307(b), 41
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13
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104(f) and 41
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13
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109(a), the changes in the implicit price deflator for state and local government purchases of goods and services, as published by the United States department of commerce, shall be used by the commission as the index to determine an annual rate of increase or decrease in the application fees, entry fees and fees for licenses, stamps, permits and tags issued by the department.

(b)

The commission shall determine the change in the implicit price deflator for state and local government purchases of goods and services, as published by the United States department of commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change may be multiplied by the current application fee or entry fee and for each current license, stamp, permit and tag issued by the department. The product may be rounded to the nearest even dollar amount and the resulting amount may be added to the fee for the current year. If adopted by rule and regulation the resulting amount may be the fee for the license year beginning in the next succeeding calendar
year for the application fee and license, stamp, permit and tag issued by the department that is adjusted under this section.

(c)

Notwithstanding any other provision of law, the commission may recalculate the current fees charged for each application fee, entry fee and license, stamp, permit and tag issued by the department to determine that all appropriate indexing has been included in the current fees.

(d)

The calculations provided for in this section shall be reported to the legislature and the governor in the annual report provided in W.S. 23
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1
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503.

(e)

The commission shall, at least every six (6) years, analyze all application fees and fees for licenses, stamps, permits and tags issued by the department to ensure the appropriate fee is charged. Where appropriate, the commission shall recommend to the legislature that fees established by statute be adjusted to ensure that those fees are appropriate.

(f)

In accordance with W.S. 16
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3
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104(b)(i), rules promulgated by the commission to adjust fees as provided in
this section shall not become effective until after the legislature has convened and adjourned the regular general or budget session next succeeding the adoption of the rules by the commission.

Section 2.
W.S. 23
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1
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302(a) by creating a new paragraph (xxxii), 23
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1
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702, 23
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2
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101(d), (e), (f), (j)(intro), (i) through (iv), (vi) through (x), (xii) through (xv), (xviii) and (xix), (xxii) through (xxxi), (xxxiv), (xxxv), (xxxvii) through (xliii) and (k), 23
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2
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107(c)(ii) and (e), 23
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2
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201(d)(intro), (i), (vii) and (viii), 23
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2
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301(c)(intro) and (i) through (xii), 23
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2
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306(a)(intro) and (b)(intro), 23
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2
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307(b), 41
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13
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104(f) and 41
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13
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109(a)(i) and (ii) are amended to read:

23
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1
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302.

Powers and duties.

(a)

The commission is directed and empowered:

(xxxii)

By rule and regulation, to adjust
application fees, entry fees and fees for licenses, stamps, permits and tags issued by the department annually to an amount computed in accordance with W.S. 23
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1
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505.

23
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1
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702.

Duplicate license upon loss or destruction of original; issuance; fees.

When any license issued under this act has been lost or destroyed, the licensee may secure a duplicate of the original license from any district office or any authorized personnel of the department upon the presentation of satisfactory proof that the original license was lost or destroyed. Prior to issuing the duplicate license and in accordance with rule and regulation of the commission, the department may assess a fee of not more than
three dollars ($3.00)

three dollars and seventy-five cents ($3.75)

as adjusted pursuant to W.S. 23
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1
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505,
plus the fee charged under W.S. 23
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1
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701. Duplicate licenses shall be issued in accordance with procedure established by commission order.

23
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2
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101.

Fees; restrictions; nonresident application fee; nonresident licenses; verification of residency required.

(d)

The commission may issue big or trophy game licenses in areas in which all licenses initially authorized were not purchased or in which additional
harvest is desired, allowing a licensee to take a big or trophy game animal of such sex or age as designated by the commission. The fee for the license may be reduced by the commission to the level necessary to achieve the desired management objectives, but in no case shall a
resident or nonresident
license fee
, excluding resident and nonresident youth license fees,
be less than the landowner's coupon fee.

(e)

Resident and nonresident license applicants shall pay an application fee in an amount specified by this subsection upon submission of an application for purchase of any limited quota drawing for big or trophy game license or wild bison license. The resident application fee shall be
five dollars ($5.00)

six dollars ($6.00)
and the nonresident application fee shall be
fourteen dollars ($14.00)

seventeen dollars ($17.00) as adjusted pursuant to W.S. 23
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1
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505
. The application fee is in addition to the fees prescribed by subsections (f) and (j) of this section and by W.S. 23
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2
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107 and shall be payable to the department either directly or through an authorized selling agent of the department. At the beginning of each month, the commission shall set aside all of the fees collected during calendar year 1980 and not to exceed twenty-five percent
(25%) of the fees collected thereafter pursuant to this subsection to establish and maintain a working balance of five hundred thousand dollars ($500,000.00), to compensate owners or lessees of property damaged by game animals and game birds.

(f)

Forty percent (40%) of available nonresident elk licenses, forty percent (40%) of available nonresident deer licenses and forty percent (40%) of available nonresident antelope licenses for any one (1) calendar year shall as established by the commission, be offered to nonresident applicants upon receipt of the fee prescribed by this subsection. Seventy-five (75) of the nonresident deer licenses set aside pursuant to this subsection shall be used for a national bow hunt for deer. The licenses authorized by this subsection shall be offered by drawing to nonresident applicants prior to the drawing for the remaining nonresident licenses issued. The licenses offered under this subsection shall be issued in a manner prescribed by rules and regulations promulgated by the commission. Nothing in this subsection shall prohibit any unsuccessful applicant for a nonresident license pursuant to this subsection from submitting an application for any licenses remaining after the drawing during the calendar
year in which the application under this subsection was submitted. The following fees
as adjusted pursuant to W.S. 23
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1
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505
shall be collected by the department and are in addition to the nonresident license fee for the appropriate big game species imposed under subsection (j) of this section and the application fee imposed under subsection (e) of this section:

(i)

Nonresident elk license

......
$480.00

$600.00
in addition to the license fee imposed under paragraph (j)(xix) of this section;

(ii)

Nonresident deer license

....
$240.00

$300.00
in addition to the license fee imposed under paragraph (j)(xv) of this section;

(iii)

Nonresident antelope license

.....
$240.00

$300.00

in addition to the license fee imposed under paragraph (j)(xxxi) of this section.

(j)

Subject to W.S. 23
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2
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101(f), 23
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1
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705(e) and the applicable fee under W.S. 23
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1
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701, the following hunting licenses and tags may be purchased for the fee indicated

as
adjusted pursuant to W.S. 23
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1
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505
and subject to the limitations provided:

(i)

Resident black bear license; one (1) black
bear
..................................................
$43.00

$50.00

(ii)

Nonresident black bear license; one (1) black bear

360.00

375.00

(iii)

Resident mountain lion license; one (1) mountain lion

28.00

34.00

(iv)

Nonresident mountain lion license; one (1) mountain lion

360.00

375.00

(vi)

Nonresident daily game bird/small game license; all game birds except wild turkey

18.00

22.00

(vii)

Resident lifetime game bird and small game license; all game birds except wild turkey

300.00

375.00

(viii)

Resident lifetime game bird/small game and fishing license; all game birds except wild turkey
.......................................................
480.00

600.00

(ix)

Resident game bird/small game license; all game birds except wild turkey

22.00

15.00

(x)

Nonresident game bird/small game license; all game birds except wild turkey

70.00

85.00

(xii)

Resident archery license

14.00

17.00

(xiii)

Nonresident archery license

28.00

34.00

(xiv)

Resident deer license; one (1) deer
.......................................................
36.00

48.00

(xv)

Nonresident deer license; one (1)

deer
, fishing/small game privileges

310.00

480.00

(xviii)

Resident elk license; one (1) elk
.......................................................
50.00

65.00

(xix)

Nonresident elk license; one (1) elk, fishing
/
small game
privileges

575.00

650.00

(xxii)

Resident bighorn sheep license; one (1) bighorn sheep

115.00

250.00

(xxiii)

Nonresident bighorn sheep license; one (1) bighorn sheep
. . . . . . . . . . . . .
2,250.00

2,500.00

(xxiv)

Resident mountain goat license; one (1) mountain goat

120.00

260.00

(xxv)

Nonresident mountain goat license; one (1) mountain goat

2,150.00

2,600.00

(xxvi)

Resident moose license; one (1) moose
.......................................................
110.00

175.00

(xxvii)

Nonresident moose license; one (1)
moose
..........................................
1,400.00

1,750.00

(xxviii)

Resident grizzly bear license; one (1) grizzly bear

600.00

750.00

(xxix)

Nonresident grizzly bear license; one (1) grizzly bear

6,000.00

7,250.00

(xxx)

Resident antelope license; one (1)
antelope
.............................................
31.00

45.00

(xxxi)

Nonresident antelope license; one (1) antelope
, fishing/small game privileges

270.00

400.00

(xxxiv)

Resident license to capture falcons for falconry purposes

36.00

45.00

(xxxv)

Nonresident license to capture falcons for falconry purposes

240.00

300.00

(xxxvii)

License to hunt with falcon; game birds, small game animals

14.00

17.00

(xxxviii)

Resident turkey license

14.00

17.00

(xxxix)

Nonresident turkey license

70.00

85.00

(xl)

Wyoming interstate game tag

6.00

7.00

(xli)

Resident game bird license; all game birds except turkey

14.00

10.00

(xlii)

Resident small game license

14.00

10.00

(xliii)

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
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1
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108:

(A)

Resident gray wolf license
.......................................................
$18.00

$
22.00

(B)

Nonresident gray wolf license
.......................................................
$180.00

$
220.00

(k)

Any resident qualified to purchase a moose or ram big horn sheep hunting license under subsection (b) of this section may pay a fee of
seven dollars ($7.00)

eight dollars ($8.00) as adjusted pursuant to W.S. 23
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1
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505
in lieu of applying for a moose or

ram big horn sheep hunting license. Payment of the fee for a particular species under this subsection shall authorize the person to accumulate points under W.S. 23
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1
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703(b) for that year in the same manner as if he had unsuccessfully applied for a hunting license for that species. Payment of the fee shall be made in compliance with application dates.

23
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107.

Wild bison licenses.

(c)

The commission shall promulgate reasonable rules and regulations regulating wild bison licenses and the management of wild bison. The rules shall provide for:

(ii)

A nonrefundable entry fee for the drawing of a license, which shall be a minimum of
six dollars ($6.00)

seven dollars ($7.00) as adjusted pursuant to W.S. 23
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1
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505
;

(e)

A resident applicant shall pay a license fee of
four hundred dollars ($400.00)

four hundred eighty dollars ($480.00)

as adjusted pursuant to W.S. 23
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1
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505 for a bull license or two hundred fifty dollars ($250.00)

as adjusted pursuant to W.S. 23
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1
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505 for a cow/calf license
and shall pay the fee required by W.S. 23
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2
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101(e). A nonresident applicant shall pay a license fee of
two thousand five hundred dollars ($2,500.00)
three thousand dollars ($3,000.00)

as adjusted pursuant to W.S. 23
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1
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505 for a bull license or one thousand five hundred dollars ($1,500.00)

as adjusted pursuant to W.S. 23
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1
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505 for a cow/calf license
and shall pay the fee required by W.S.
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101(e). The fee charged under W.S. 23
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701 shall be in addition to the fee imposed under this subsection.

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201.

Fees; restrictions; verification of residency required.

(d)

The following fishing licenses may be purchased for the fee indicated
as adjusted pursuant to W.S. 23
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1
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505
in addition to the applicable fee under W.S. 23
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1
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701 and subject to the limitations provided:

(i)

Resident fishing license

$22.00

$30.00

(vii)

Resident daily fishing license

4.00

7.00

(viii)

Resident lifetime fishing license
.......................................................
300.00

375.00

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2
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301.

Miscellaneous fees; verification of residency required.

(c)

The following licenses and tags may be purchased for the fee indicated
as adjusted pursuant to W.S. 23
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1
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505

in addition to the applicable fee under W.S. 23
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1
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701 and subject to other requirements of this article:

(i)

Resident trapping license-furbearing
.......................................................
$42.00

$50.00

(ii)

License to capture furbearing animals for domestication

18.00

22.00

(iii)

Resident fur dealer's license

50.00

60.00

(iv)

Nonresident fur dealer's license
................................................................
275.00

340.00

(v)

Taxidermist's license
65.00

80.00

(vi)

Nonresident taxidermist's license
.......................................................
700.00

850.00

(vii)

Game bird farm license

130.00

160.00

(viii)

Fishing preserve license

130.00

160.00

(ix)

Commercial fish hatchery license
.......................................................
180.00

220.00

(x)

License to seine or trap fish

18.00

22.00

(xi)

License to deal in live bait

65.00

80.00

(xii)

Nonresident trapping license-
furbearing
...........................................
240.00

300.00

23
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2
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306.

Conservation stamp; exemptions.

(a)

Subject to subsections (b) and (c) of this section and the applicable fee under W.S. 23
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1
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701, each sportsman licensed under W.S. 23
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2
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101, 23
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2
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107 or 23
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2
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201 shall purchase a single conservation stamp for
twelve dollars ($12.00)

fifteen dollars ($15.00) as adjusted pursuant to W.S. 23
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1
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505
which shall be valid for one (1) calendar year and the stamp or an authorization signifying purchase of the stamp shall be in the possession of any person exercising rights under any fishing or hunting license issued pursuant to W.S. 23
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2
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101, 23
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2
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107 or 23
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2
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201. Holders of special limited fishing permits issued under W.S. 23
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2
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207 and holders of licenses only
under W.S. 23
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2
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101(j)(v) and (vi), 23
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2
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201(d)(vi) and (vii), 23
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2
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201(f) and 23
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2
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201(g) are exempt from the provisions of this section when exercising hunting or fishing privileges provided under those specific licenses. Revenues collected from the sale of each stamp under this subsection shall be deposited as follows:

(b)

A lifetime conservation stamp may be purchased for
one hundred eighty dollars ($180.00)

two hundred twenty dollars ($220.00) as adjusted pursuant to W.S. 23
‑
1
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505
plus the applicable fee under W.S. 23
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1
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701. Revenues collected from the sale of each stamp under this subsection shall be deposited as follows:

23
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2
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307.

Special management permit.

(b)

Special management permits may be purchased from the department or its authorized selling agents for
twelve dollars ($12.00)

fifteen dollars ($15.00) as adjusted pursuant to W.S. 23
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1
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505
plus the applicable fee under W.S. 23
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1
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701 and shall be valid for one (1) calendar year.

41
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13
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104.

Application for certificate; issuance of certificate and assignment of number; conformity with
federal numbering system; expiration and renewal of certificate; transfer of ownership; duplicate certificate; manufacturer and dealer certificates.

(f)

Each certificate of number issued under this act expires on December 31 of the last year of valid registration under the certificate unless sooner terminated or discontinued under this act. A duplicate number may be obtained by an owner upon application to the department, which may require payment of a fee of not more than
five dollars ($5.00)

six dollars ($6.00) as adjusted pursuant to W.S. 23
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1
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505
. Certificates of number may be renewed by the owner in the same manner provided under this act for obtaining initial certification.

41
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13
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109.

Motorboat registration fee.

(a)

The nonrefundable and nontransferable registration fee for motorboats is:

(i)

Fifteen dollars ($15.00)

Twenty dollars ($20.00) as adjusted pursuant to W.S. 23
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1
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505
for one (1) year; or

(ii)

Forty dollars ($40.00)

Fifty dollars ($50.00) as adjusted pursuant to W.S. 23
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1
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505
for three (3) years.

Section 3.
W.S. 23
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2
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101(j)(v) is repealed.

Section 4.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0136