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21LSO-0493
2021
STATE OF WYOMING
21LSO-0493
Numbered
2.0
HOUSE BILL NO. HB0130
Hunting preference point program-amendments.
Sponsored by: Representative(s) Western
A BILL
for
AN ACT relating to game and fish; extending the time for expiration of preference points as specified; authorizing the transfer of preference points to a holder's immediate family members as specified; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 23
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703(b) and (g) and 23
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2
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101(m) are amended to read:
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703.
Limitation of number of certain licenses; reservation of certain licenses; reservation of certain unused licenses.
(b)
Except as specifically provided under this subsection, subsection (f) of this section or W.S. 23
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705(a), no person may apply for and receive more than one (1) moose or one (1) ram bighorn sheep license in any consecutive five (5) year period. Effective for the 1995 hunting season and each hunting season thereafter, licenses issued under this subsection shall be based upon the number of points assigned to each applicant for a particular species. Effective January 1, 2000, licenses issued under this subsection 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). 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 in the case of a resident the applicant pays the fee specified in W.S. 23
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101(k) and in the case of a nonresident the applicant pays the appropriate fee established by the commission under W.S. 23
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101(m). License applicants within each hunt area for a species shall be grouped according to the number of assigned points for that species. Not less than seventy
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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 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
an
unsuccessful license applicant
failing to apply for a license,
shall lose all of their accumulated points upon failing to apply for ten (10) consecutive calendar years for a
licence
or pay the applicable fee in lieu of applying
, during the second calendar year
and
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.
Any preference point holder may transfer any of his preference points to the holder's parent, spouse, grandparent, sibling, child or grandchild.
(g)
In addition to the authority granted under subsection (b) of this section, the commission may through rule and regulation develop and implement a preference point program for nonresident antelope, nonresident deer 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. The commission may charge nonresident license applicants a nonrefundable fee to accumulate preference points under the program as provided in W.S. 23
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101(m).
Any preference program established as authorized by this subsection shall allow any preference point holder to transfer any of his preference points to the holder's parent, spouse, grandparent, sibling, child or grandchild.
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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 nonresident antelope, nonresident ram bighorn sheep, nonresident moose, nonresident deer 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)
for ten (10)
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
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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 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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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 fifty dollars ($150.00). Fees established under this subsection may be set at lower amounts for youth license applicants.
Section 2
.
The Wyoming game and fish commission shall promulgate any rules necessary to implement this act not later than July 1, 2021.
Section 3.
(a)
Except as provided in subsection (b) of this section, 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.
(b)
Section 1 of this act is effective July 1, 2021.
(END)
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HB0130