Sage grouse hunting licenses-preference point system.

2018
STATE OF WYOMING
18LSO-0344
Numbered
1.3

HOUSE BILL

NO.
HB0143

Sage grouse hunting licenses-preference point system.

Sponsored by:
Representative(s) Edwards and Clausen and Senator(s) Driskill

A BILL

for

AN ACT relating to game and fish; creating a greater sage grouse hunting license; establishing a preference point system for the issuance of greater sage grouse hunting licenses; making conforming amendments; and providing for an effective date.

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

Section
1
.

W.S. 23
‑
2
‑
110 is created to read:

23
‑
2
‑
110
.

Greater sage grouse hunting licenses; promulgation of rules; preference point system; fees; restrictions.

(a)

No person shall take a greater sage grouse without a license issued by the department under this section.
Any person who qualifies under W.S. 23
‑
2
‑
106 may apply to the department for a greater sage grouse hunting license.
The fee to be charged to a person for the issuance of a license under this section shall be the same
as

the
fee
charged for a game bird license pursuant to W.S. 23
‑
2
‑
101
(j), provided that no lifetime license shall be issued
for greater sage grouse
.

(b)

The commission shall promulgate reasonable rules and regulations regulating greater sage grouse hunting licenses and the management of greater sage grouse. The rules shall pr
ovide for
the following
:

(i)

License drawing procedures i
n accordance with subsections (c) through (e
) of this section;

(ii)

Notification of license recipients as to when and where they may hunt;

(iii)

Open and closed hunting seasons;

(iv)

Tagging requirements;

(v)

Possession limits; and

(vi)

Requirements for transportation and exportation.

(c)

Licenses issued under this
section 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 greater sage grouse license applicant equal to the number of years the applicant has unsuccessfully applied for a license. The calculation used to assign points to a greater sage grouse license applicant under this subsection shall include any year the applicant does not apply for a greater sage grouse hunting license, provided in the case of a resident the applicant pays the fee specified in W.S. 23
‑
2
‑
101(k) and in the case of a nonresident the applicant pays the appropriate fee established by the commission under W.S. 23
‑
2
‑
101(m). License applicants within each hunt area
shall be grouped according to the number of assigned points for greater sage grouse. Not less than seventy
‑
five percent (75%) 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 occurs first. 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 shall
be issued through a random selection from among all applicants in the hunt area who were not selected for the issuance of a greater sage grouse license 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 a license application for greater sage grouse.

(d
)

The commission shall reserve seventy
‑
five percent (75%) of the greater sage grouse licenses to be issued in any one (1) year for resident hunters.

(e
)

Notwithstanding W.S. 23
‑
1
‑
704, any person who is issued and purchases a greater sage grouse license an
d is unable to use that license
for good cause
,
as provided by regulations, for the year
in which the license was issued
may reserve a greater sage grouse license for use during the immediately succeeding calendar year by applying to the commission before the opening date of the season during the year for which the initial license is issued. The initial sage grouse license shall accompany the application. Upon receipt, the commission shall cancel the initial license and
,
prior to the season opening date for greater sage grouse during the immediately succeeding calendar year, issue to the applicant at an administrative cost not greater than ten
dollars ($10.00)
,
a greater sage grouse license valid for that year.

Section 2
.

W.S.
23
‑
1
‑
101(a)(iv),
23
‑
1
‑
705(d),
23
‑
2
‑
101
(k) and (m)
,
23
‑
2
‑
102(c)
and 23
‑
2
‑
109 are amended to read:

23
‑
1
‑
101
.

Definitions of wildlife.

(a)

As used in this act:

(iv)

"Game bird" means grouse,
including greater sage grouse,
partridge, pheasant, ptarmigan, quail, wild turkey and migratory game birds;

23
‑
1
‑
705
.

Complimentary licenses; one
‑
shot antelope hunt licenses; gunpowder and buckskin hunt licenses; gratuitous licenses; donated licenses.

(d)

The department shall issue without charge lifetime bird, small game and fish licenses to any resident or honorably discharged veteran who is over sixty
‑
five (65)
years and who has continuously resided in Wyoming for at least the thirty (30) years immediately preceding application for the license, to any disabled veteran who is one hundred percent (100%) disabled as determined by the United States department of veteran affairs and to any United States military purple heart medal recipient with document proof thereof. The license is valid so long as the licensee remains a Wyoming resident.
B
ird licenses issued under this subsection shall not include greater sage grouse licenses under W.S. 23
‑
2
‑
110.

23
‑
2
‑
101
.

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

(k)

Any resident qualified to purchase a moose or ram big horn sheep hunting license under subsection (j) of this section
or a greater sage grouse hunting license under W.S. 23
‑
2
‑
110
may pay a fee of seven dollars ($7.00) in lieu of applying for a moose
, greater sage grouse
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
‑
1
‑
703(b)
or 23
‑
2
‑
110(c
), as applicable,
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.

(m)

Subject to the provisions of this subsection, as part of any preference point program for nonresident antelope, nonresident ram bighorn sheep, nonresident moose, nonresident deer
, nonresident greater sage grouse
or 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 seventy
‑
five dollars ($75.00) per species. 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
, resident greater sage grouse
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
, greater sage grouse
or moose preference point drawings in conflict with the provisions of W.S. 23
‑
1
‑
703(b)
or 23
‑
2
‑
110(c
)
. For nonresident ram bighorn sheep
, nonresident greater sage grouse
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 fifty dollars ($150.00). Fees
established under this subsection may be set at lower amounts for youth license applicants.

23
‑
2
‑
102
.

Age restrictions; game animals; game birds.

(c)

No person fourteen (14) years of age or older shall take any game bird without obtaining the proper license.
Except as otherwise provided in W.S. 23
‑
2
‑
110, a
resident person under fourteen (14) years of age may take any game bird in this state except wild turkey without a license if accompanied by an adult. A resident or nonresident person under fourteen (14) years of age may take a wild turkey with the proper license if accompanied by an adult. The taking of any game bird by a nonresident person less than fourteen (14) years of age accompanied by an adult person possessing a valid game bird license shall, as established by law and commission order, be applied to and limited by the bag limit under the license held by the adult in company
,
s
ubject to the provisions of W.S. 23
‑
2
‑
110
.

23
‑
2
‑
109
.

Multiple applications for limited licenses prohibited; penalty.

Except as otherwise authorized by law or rule of the commission, no person shall submit more than one (1) application for a license for the same big or trophy game species or for wild turkey
or greater sage grouse
, if the issuance of the license has been limited by the commission. A violation of this subsection shall be punishable as a high misdemeanor punishable as provided in W.S. 23
‑
6
‑
202(a)(ii), by the loss of all points then assigned to the person pursuant to W.S. 23
‑
1
‑
703(b) or (g)
or 23
‑
2
‑
110(c
)
, and disqualification in the year of submission for any license for the species for which the multiple applications were submitted.

Section 3
.

This act is effective January
1, 201
9
.

(END)

1
HB0143