Game bird farms-greater sage grouse.

ORIGINAL
House
ENGROSSED
Bill No
.
HB0271

ENROLLED ACT NO. 91,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to game and fish; modifying game bird farm license provisions relating to release of game birds; providing a limitation on game and fish commission regulation of the release of game birds by licensees; providing for certification of game bird farms to allow breeding, propagation, handling, taking, rearing and release of greater sage grouse; authorizing gathering of greater sage grouse eggs by certified game bird farms as specified; specifying requirements for certification; requiring rulemaking; providing a time limitation on certification and for disposition of greater sage grouse held at the expiration or revocation of certification; and providing for an effective date.

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

Section
1
.

W.S.
23
‑
5
‑
111 is created to read:

23
‑
5
‑
111
.

Game bird farm
‑
certification to r
ais
e

g
reater
s
age
g
rouse
; authorization; requirements; limitations
.

(a)

No
person
shall

possess live greater sage grouse or
propagate, breed
, sell,
r
aise
or release

greater sage grouse unless
licensed as a game bird farm and
certified
to be

in compliance with the requirements of this section
.

(b)

The
commission
shall
promulgate rules and regulations for the administration of this section
. The rules and regulations shall establish a system to certify
game bird farm
licensees to

possess,
propagate, breed
,
raise
,
sell,
gather eggs of
and
release greater sage grouse
and to take greater sage grouse within the boundaries of the game bird farm
. A licensee
shall

be
issued an annual
c
ertifi
cate of compliance

under this section by
providing

evidence
to the department that
:

(
i
)

The licensee has successfully raised
from eggs or chicks
at least
two
(
2
) other species of game bird in accordance with this act for not less than three (3) consecutive years;

(ii)

An adequate enclosure exists
at the game bird farm
to confine
and handle
g
reater s
age grouse physically separated from other game birds;

(i
i
i)

The
enclosures
for greater sage grouse
include vegetation
consistent with the needs of the grouse
;

(i
v
)

The
facility is disease free;
and

(v)

The licensee
demonstrates the capacity to meet requirements specified in this section
and commission rule
for continuing operation as a certified greater sage grouse facility.

(
c
)

To maintain certification under this section the licensee shall:

(
i
)

Submit an annual
national poultry improvement plan certificate
and annual avian influenza free certification
by a licensed Wyoming veterinarian
to the department;

(ii)

R
eport
within the time period established by rule

the
detection of
any
disease
at the game bird farm
to the department
and
undertake and report to the department
remedial acts
taken
to
mitigate the effects of
any disease.

(
d
)

Before

release
,
greater sage grouse
shall be banded for identification
in accordance with
rules and regulations of the commission
and
held in a holding pen
separate from any sage grouse
not being released and separate from any
other
game bird
species
for
at least thirty (
30
)
consecutive days

immediately
prior to release.

A
ny
greater
sage grouse that dies within
the
release
holding
pen during this
period
shall be
reported to the department
within the time period and in accordance with the procedures established by rule

shall be
sent to the Wyoming
s
tate
v
eterinary
l
ab
oratory
for necropsy
at the expense of the licensee
.

Any release of g
reater sage
grouse
within the state and not within the boundaries of the game bird farm
shall be
in coordination with the department.

Commission
rules may restrict areas of release as necessary to protect existing wild populations of greater sage grouse.

(
e
)

A game bird farm licensee
holding a current
certifi
cation
under this section
may
collect
greater sage grouse eggs
for the purpose of establishing a captive breeding population
, subject to the following
restrictions
:

(
i
)

All collections shall be conducted by
the licensee
or his agent
under the supervision of
a professional wildlife biologist
and
in coordination with the department;

(
i
i
)

No more than
two hundred fifty (250)
eggs may be collected
by any
game bird farm licensee
in any calendar year
;

(
ii
i
)

No more than
forty
(
4
0
)
nest sites in a
single collection area
may be disturbed by the game bird farm licensee
in any calendar year
; and

(
i
v
)

Eggs
may only be collected
in
April
and May
;

(v)

Rules
shall
establish:

(A)

Time of day and restrictions on methods of collection of eggs;

(B)

The number of licensees authorized to collect eggs;

(C)

The areas approved for collection of eggs; and

(D
)

Other limitations on egg collections, including the complete suspension of egg collections as determined by the commission to be beneficial to prevent the listing of or facilitate the removal of greater sage grouse as a candidate species under the Endangered Species Act.

(
f
)

The department may suspend, revoke or not renew any certification issued to a licensee under this section if, after notice and opportunity for a hearing, the department finds:

(
i
)

The licensee has violated any provision of this act or any rule promulgated under this act which relates to the licensee's game bird farm operations;

(ii)

The licensee's facilities no longer provide secure holding facilit
ies
to contain and separate game bird species as required under this section;

(i
i
i)

The licensee's facility has not remained disease free
and the department reasonably believes the
native great
er
sage grouse population of this state may be harmed thereby.

(g)

The requirements of this section for
game bird farm certification for greater sage grouse
are in addition to all other licensing requirements of this article.

(h)

A licensee whose certification under this section has been revoked may not reapply for a new certification within eighteen (18) months of the date of revocation.

(j)

Commission rule
s
may provide for the forfeiture to the state or for other disposition of
greater
sage grouse at any facility whose certification under this section has been revoked.
Certifications under this section shall expire as of December 31, 2022. Commission rules shall provide for disposition of all
greater
sage grouse held by a licensee pursuant to this section as of that date. No licensee shall be entitled to any reimbursement from or other claim against the state for any
greater
sage grouse owned by the licensee at the expiration or revocation of a certification and all certifications issued pursuant to this section shall so provide.

Section 2
.

W.S.
23
‑
3
‑
108
(
a)
, 23
‑
3
‑
116,
23
‑
5
‑
102, 23
‑
5
‑
104
(c)
and 23
‑
5
‑
106 are

amended
to read:

23
‑
3
‑
108
.

Destruction of bird nests or eggs.

(a)

N
o person shall take or intentionally destroy the nest or eggs of any
nonpredacious
bird
, except as authorized under W.S. 23
‑
5
‑
111
. The nest or eggs of any predacious bird may be taken or destroyed.

23
‑
3
‑
116
.

Ownership of game bird; taking of privately owned game birds.

Any person who wishes to acquire game birds from any private source shall apply for and receive a permit from the department prior to acquiring, possessing or transporting the game birds. Upon receipt of the game birds, the permittee shall notify the department to establish proof of ownership and to allow the game birds to be marked with a leg or wing band. Whenever game birds are purchased outside the state, the permittee shall furnish adequate evidence that the game birds are disease free. Upon compliance with this section, the permittee is entitled to take his privately owned game birds without a game bird or turkey license.
Live greater sage grouse
or the eggs thereof
shall only be acquired, possessed, bred, propagated, raised,
sold,
transported
, taken
and released by a game bird farm
licensee
holding a current certification under W.S. 23
‑
5
‑
111.

23
‑
5
‑
102
.

Department to issue licenses.

The department shall issue licenses for game bird
farms,
and for the propagation, breeding, possession, use, releasing, killing, hunting, and sale of licensed birds therefrom.
No license shall authorize any of the acts specified in this
section for greater sage grouse unless the licensee has been certified under W.S. 23
‑
5
‑
111.

23
‑
5
‑
104
.

Investigation of applicant; issuance of license; purchase or replacement of birds; marking of birds.

(c)

When a license has been granted, the licensee becomes the owner of all offspring of the game birds actually produced and remaining thereon. No person shall entice game birds into the licensed premises by baiting, artificial feeding or by any other means. All adult game
birds released on the licensed premises shall be marked by identifying leg or wing bands. After three (3) years of continuous operation and licensure for the same location, the licensee shall not be required to mark adult game birds with identifying leg or wing bands. To be qualified as a licensee under this act, each licensee shall release a minimum of one hundred (100) game birds each year on the licensed premises
, which number may be a combination of any species of game birds
. Failure to release the minimum number of birds is cause for revocation of the license. The commission shall not limit by rule and regulation or policy the number
or species
of game birds a licensee may raise, possess, confine, transport or dispose of in accordance with the provisions of this chapter.

23
‑
5
‑
106
.

Rights of licensee generally.

The game bird farm license is prima facie evidence in all courts and proceedings of the lawful right of the licensee therein named, his or its successor or assigns, for the term of license, to establish and operate a game bird farm upon the premises, and entitles the licensee therein named or his successors or assigns, to the exclusive right for and during the term to breed, propagate, hunt, kill, and sell the licensed game birds thereon.

For game bird species other than greater sage grouse, t
he licensee shall not shoot or kill over ninety
‑
six percent (96%) of the birds reared or released on his premises.

No licensee shall undertake any of the acts specified in this section for greater sage grouse unless the licensee holds a current certification under W.S. 23
‑
5
‑
111
, and the acts are taken in accordance with W.S. 23
‑
5
‑
111 and rules adopted pursuant thereto
.

Section 3
.

Rules required by this act shall be adopted as final rules by the game and fish commission not later than September 1, 2017.

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)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED:
_________

I hereby certify that this act originated in the
House
.

Chief Clerk

1