Game and fish-resident preference points.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0252.E1

SENATE FILE
NO.
SF0094

Game and fish-resident preference points.

Sponsored by:
Senator(s) Driskill and Hicks and Representative(s) Harshman

A BILL

for

AN ACT relating to game and fish; requiring preference point programs for resident antelope, deer and elk licenses; providing for fees; providing for rulemaking; and providing for an effective date.

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

Section 1.

W.S. 23
‑
1
‑
703(g)
, by creating a new subsection (h) and by amending and renumbering (h) as (j)
and 23
‑
2
‑
101(m) are amended to read:

23
‑
1
‑
703.

Limitation of number of big or trophy game animal licenses; reservation of certain licenses; reservation of certain unused licenses.

(g)

In addition to the authority granted under subsection (b) of this section, the commission
may

shall
through rule and regulation develop and implement a preference point program for
resident and
nonresident antelope,
resident and
nonresident deer and
resident and
nonresident elk licenses which are limited in quota and would otherwise be issued through a random drawing. A program established pursuant to this subsection may be implemented for all or selected hunt areas and may be applied to all or portions of licenses for any particular species.
Allocation of resident limited quota licenses for elk, deer and antelope under the preference point program shall be as provided in subsection (h) of this section.
The commission may charge
nonresident
license applicants a nonrefundable fee to accumulate preference points under the program as provided in W.S. 23
‑
2
‑
101(m).

(
h
)

Effective January 1, 20
15
,
resident antelope, deer and elk
licenses shall be issued partially through a preference point drawing and partially through a random drawing of all remaining unsuccessful applicants for that year. The department shall assign points to each license applicant for a specific species by multiplying the number of years the applicant has unsuccessfully applied for a
license times one (1)
, but in no event shall the applicants total points, including resident and nonresident points accumulated, exceed the maximum number of points allocated to resident applicants in that year
. The calculation used to assign points to an applicant for a particular species under this subsection shall include any year the applicant does not apply for a big or trophy game animal hunting license for that species, provided the applicant pays the fee specified in W.S. 23
‑
2
‑
101(k). License applicants within each hunt area for a species shall be grouped according to the number of assigned points for that species.
The
commission
shall develop a method by which an applicant may submit an application as part of a party application with no more than two (2)
youth
members of his immediate family
as defined in W.S. 40
‑
14
‑
640(a)(vi)
and

the youth applications shall not count towards the party application points total. If successfully drawn on first choice, all points are forfeited including any acquired by youth.

Not less than
fifty percent (50%)
of available licenses within any hunt area shall be randomly selected through a preference point drawing from among the group of applicants with the largest number of assigned points and shall continue until all applicants within that group have been exhausted or until all available licenses have been
issued, whichever first occurs.

If any applicant grouping has been exhausted and licenses remain available within that hunt area, selection shall continue from among the group of applicants with the next largest number of assigned points. After the selections through the preference point drawing have been completed within a hunt area, the remaining licenses available from that drawing and the licenses available for the random drawing for that hunt area will be issued through a random selection from among all applicants in the hunt area who were not selected for issuance of a license for the species through the preference point drawing in that hunt area. For purposes of assigning points under this subsection, any unsuccessful license applicant failing to apply for a license, or pay the applicable fee in lieu of applying, during the second calendar year shall be considered to be a first year applicant for any subsequent calendar year in which the applicant submits license application for that particular species.

(h)
(j)

Rules and regulations shall be promulgated by the game and fish commission to carry out subsections (a) through (f)

and (h)
of this section and may be promulgated as provided in subsection (g) of this section.

23
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2
‑
101.

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

(m)

Subject to the provisions of this subsection, as part of any preference point program for
resident and

nonresident antelope, nonresident ram bighorn sheep, nonresident moose,
resident and

nonresident deer or
resident and

nonresident elk, the commission may establish a nonrefundable fee to be either withheld from the license fee remitted or submitted separately when application for a license or preference point is made through electronic licensing, and may also establish a fee to be paid in lieu of applying for licenses that are limited in quota. Retention of the established fee or payment of the fee in lieu of applying shall authorize the person to accumulate a preference point for future drawings for licenses that are limited in quota for the applicable species in accordance with rules of the commission. The rules may provide for the loss of all accumulated points for persons failing to apply or to pay the in lieu fee in two (2) consecutive calendar years. The fee for any program under this subsection for antelope, deer or elk shall be established
by rule and shall not exceed fifty dollars ($50.00) per species

for nonresidents and twenty dollars ($20.00) per species for residents
. Payment of the fee shall be made in compliance with application dates. Nothing in this subsection authorizes the commission to establish or retain a fee for resident moose or resident ram bighorn sheep license preference points in addition to the fee established by subsection (k) of this section or to establish rules for ram bighorn sheep or moose preference point drawings in conflict with the provisions of W.S. 23
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1
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703(b). For nonresident ram bighorn sheep and nonresident moose licenses, the commission may establish by rule a nonrefundable preference point fee to be withheld from either the license fee remitted or submitted separately when application for a license or preference point is made through electronic licensing and may establish a fee in lieu of making application in an amount greater than that established under subsection (k) of this section, but neither fee shall exceed one hundred dollars ($100.00). Fees established under this subsection may be set at lower amounts for youth license applicants.

Nothing in this subsection shall be construed as prohibiting the commission from issuing a different number of licenses for residents and nonresidents.

Section 2.

This act is effective J
anuar
y 1, 201
5
.

(END)

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SF0094