HB0083 • 2023

Tribal agreements to hunt and fish.

AN ACT relating to game and fish; authorizing the governor to negotiate and enter into agreements with tribes concerning hunting, fishing, trapping and gathering rights claims as specified; providing for a report; providing rulemaking authority; and providing for an effective date.

Land

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Representative Larsen, L
Last action: 2023-02-21
Official status: inactive
Effective date: 3/1/2023

Plain English Breakdown

The act would have been effective immediately upon completion of all necessary steps for a bill to become law, but it never became law due to its failure in the Senate third reading.

Tribal Agreements to Hunt and Fish

This act allows the governor to negotiate agreements with tribes regarding hunting, fishing, trapping, and gathering rights based on treaties or other recognized federal rights.

What This Bill Does

The governor can negotiate and sign agreements with tribes concerning hunting, fishing, trapping, and gathering rights that are based on treaties or other recognized federal rights.
Before signing an agreement, the governor must ensure it includes provisions for renegotiation if needed to align with state statutes.
Tribes must have their own game codes and enforcement mechanisms in place before entering into agreements.
The act requires tribes to coordinate hunting seasons and data collection with the Wyoming Game and Fish Commission.

Who It Names or Affects

Governor of Wyoming
Tribes in Wyoming
Wyoming Game and Fish Commission

Terms To Know

Gathering: The sustainable, non-commercial collection by hand of naturally occurring vegetation or non-mineral surface materials for personal, ceremonial, traditional, or religious use.
Tribes: Defined as recognized Native American tribes in Wyoming.

Limits and Unknowns

The bill did not pass and was rejected during the third reading.
Details about specific tribes involved are not provided in the source material.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0083S2001

2nd reading • Senator Ellis

Adopted

Plain English: The amendment adds a new clause to the bill that sets a specific date for when part of the bill will no longer be in effect.

Adds a provision stating that section (f) of the bill, which was just inserted, will be repealed on December 31, 2027.

The amendment only specifies when one part of the bill will end and does not explain what happens after it ends or how other parts of the bill are affected.

HB0083SW001

Committee of the Whole • Senator Ellis

Corrected, Failed

Plain English: The amendment removes provisions related to rulemaking authority and certain reporting requirements, adds a requirement for legislative approval of agreements with tribes, and modifies the effective date and structure of the bill.

Removes language about providing rulemaking authority.
Adds a requirement that any agreement must be ratified by both chambers of the legislature before it can take effect.
Deletes sections related to reporting requirements and other provisions on pages 2, 3, 4, and part of page 5.
Modifies the effective date for certain parts of the bill.

The amendment text is technical and may require further context to fully understand all implications.

HB0083SW002

Committee of the Whole • Senator Driskill

Adopted

Plain English: The amendment removes two previous amendments from the bill.

Removes the Senate standing committee amendment (HB0083SS001/A).
Removes the Ellis, et. al committee of the whole amendment (HB0083SW001/AC).

HB0083SS001

Standing Committee • Senate Travel, Recreation, Wildlife and Cultural R

Adopted

Plain English: The amendment modifies the bill to focus on off-reservation hunting and fishing treaty rights instead of general claims, removes certain lines about other recognized federal rights, and sets a repeal date for part of the bill.

Adds 'off reservation' before 'concerning hunting, fishing, trapping and gathering rights claims'.
Removes references to 'claims' and replaces them with 'treaty rights'.
Deletes line about other recognized federal rights.
Inserts a repeal date of December 31, 2027 for part of the bill.

The amendment text does not provide full context on how these changes will affect existing tribal agreements or claims.

Bill History

2023-02-21 Senate
S 3rd Reading:Failed 8-23-0-0-0
2023-02-17 Senate
S 2nd Reading:Passed
2023-02-16 Senate
S COW:Passed
2023-02-14 Senate
S Placed on General File
2023-02-14 Senate
S06 - Travel:Recommend Amend and Do Pass 3-2-0-0-0
2023-01-31 Senate
S Introduced and Referred to S06 - Travel
2023-01-30 Senate
S Received for Introduction
2023-01-30 House
H 3rd Reading:Passed 60-1-1-0-0
2023-01-27 House
H 2nd Reading:Passed
2023-01-26 House
H COW:Passed
2023-01-24 House
H Placed on General File
2023-01-24 House
H02 - Appropriations:Recommend Do Pass 7-0-0-0-0
2023-01-12 House
H Introduced and Referred to H02 - Appropriations
2023-01-06 House
H Received for Introduction
2023-01-04 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

23LSO-0343
2023
STATE OF WYOMING
23LSO-0343
Numbered
2.0

HOUSE BILL NO. HB0083

Tribal agreements to hunt and fish.

Sponsored by: Representative(s) Larsen, L, Crago, Neiman, Newsome, Oakley and Sommers and Senator(s) Barlow, Case, Dockstader, Driskill and Ellis

A BILL

for

AN ACT relating to

game and fish; authorizing the governor to negotiate and enter into agreements with tribes concerning hunting, fishing, trapping and gathering rights claims as specified; providing for a report; providing rulemaking authority; and providing for an effective date.

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

Section 1
.

W.S. 23
‑
1
‑
1101 is created to read:

ARTICLE 11
AGREEMENTS WITH TRIBES

23
‑
1
‑
1101.

Authorization to negotiate and enter into agreements with tribes concerning hunting, fishing, trapping and gathering.

(a)

The governor, on behalf of the state, is authorized to negotiate and enter into an agreement between the state and a tribe concerning a hunting, fishing, trapping or gathering right claim that is based on a treaty or other recognized federal right on lands located within the state.

(b)

Any agreement executed under this section shall be in writing and signed by the governor and the governing body of the tribe.

(c)

The governor shall not enter into any agreement with a tribe under this section, unless:

(i)

The agreement provides that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with any state statutes;

(ii)

The tribe has adopted a game code or other similar enforceable regulatory mechanism that provides for the issuance of tribal hunting, fishing and trapping licenses and adopts or incorporates the substantive requirements and prohibitions contained in W.S. 23
‑
3
‑
101 through 23
‑
3
‑
407;

(iii)

The governor finds that the tribe has the ability to effectively enforce the provisions of its game code against violators;

(iv)

The tribe agrees that tribal members who do not possess a valid license shall be subject to regulation under applicable state laws for acts committed outside the boundaries of the Wind River Indian Reservation;

(v)

The tribe agrees that tribal members who possess a valid tribal license but otherwise violate the tribal game code outside the boundaries of the Wind River Indian Reservation

are subject to appropriate enforcement by tribal or state authorities;

(vi)

The tribe agrees to:

(A)

Align its hunting, fishing and trapping seasons with the hunting, fishing and trapping seasons set by the Wyoming game and fish commission, except for limited exceptions for ceremonial, traditional or religious purposes;

(B)

Abide by any hunting, fishing or trapping area closures set by the commission;

(C)

Collect and share harvest data with the commission;

(D)

Set appropriate quotas, daily limits and possession limits that do not conflict with quotas, daily limits and possession limits set by the commission and that further both parties' interests in conservation.

(vii)

The agreement provides that tribal hunting, fishing, trapping and gathering shall be subject to the state's right to regulate when necessary for conservation.

(d)

Nothing in this section or any agreement entered into under this section shall grant any person the right to hunt, fish, trap or gather on private property without the permission of the owner or person in charge of the property.

(e)

As used in this section:

(i)

"Gathering" means the sustainable, non
‑
commercial collection by hand of naturally occurring vegetation or non
‑
mineral surface materials for personal, ceremonial, traditional or religious use. Gathering shall not mean the harvest of fish or wildlife;

(ii)

"Tribe" means as provided in W.S. 20
‑
5
‑
202(a)(xvi).

Section 2.

The governor's office shall report to the joint travel, recreation and wildlife interim committee within ten (10) days of completion of an agreement with a tribal authority pursuant to this act.

Section 3
.

To the greatest extent authorized under state and federal law, the Wyoming game and fish commission and the Wyoming board of land commissioners may promulgate all rules and regulations necessary to implement an agreement entered into pursuant to this act.

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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HB0083