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23LSO-0506
2023
STATE OF WYOMING
23LSO-0506
Numbered
2.0
HOUSE BILL NO. HB0232
Outfitters and guides-amendments.
Sponsored by: Representative(s) Sommers and Byron
A BILL
for
AN ACT relating to game and fish; authorizing the Wyoming game and fish commission to regulate commercially guided fishing boats; providing definitions; amending requirements for outfitter and professional guide licenses as specified; amending membership requirements for the Wyoming state board of outfitters and professional guides; requiring a license for commercially guided fishing boats as specified; providing rulemaking authority; 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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3
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206 is created to read:
23
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3
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206.
Commercially guided fishing boats; regulatory authority; definitions.
(a)
To protect the quality of the fishery and aquatic resources and species in this state, the commission may set daily limits on the number of commercially guided fishing boats allowed to launch into any section of river. In promulgating any rule under this subsection, the commission shall hold a public hearing to gather public comments in at least one (1) community in the major drainage area in which the rule will apply.
(b)
In the event that the commission sets daily limits on the number of commercially guided fishing boats allowed to launch into any section of river, the commission shall promulgate rules governing the licensing or other means of tracking the number of commercially guided fishing boats launching into any section of river.
(c)
As used in this section:
(i)
"Commercially guided fishing boat" means a fishing boat that is operated by an outfitter;
(ii)
"Major drainage area" means the Snake River and Salt River drainage, the Wind River and Big Horn River drainage, the Powder River and Belle Fourche River drainage, the Bear River drainage, the Green River drainage or the North Platte River drainage;
(iii)
"Outfitter" means a person who advertises or holds himself out to the public for hire for the purpose of financial gain to provide fishing guide services, excluding any person who furnishes fishing equipment only to a person for the person's personal temporary use. "Outfitter" includes any person requiring dues or remuneration for providing personal services on the river for the purposes of fishing.
Section 2
.
W.S. 23
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2
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406(a)(iv), 23
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2
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407(a) and by creating new subsections (d) and (e), 23
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2
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408(a)(iii) and 23
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2
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414 by creating a new subsection (e) are amended to read:
23
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2
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406.
Definitions.
(a)
As used in this act:
(iv)
"Outfitter" means a person
including a hunting club,
who advertises or holds himself out to the public for hire
,
for the purpose of financial gain in order to provide guide or packing services for the purpose of taking any big or trophy game animal, excluding
provides facilities and services for consideration or maintains, leases or otherwise uses equipment or accommodations for compensation for the conduct of outdoor recreational activities limited to hunting animals or birds, float or power boating on Wyoming rivers and streams, fishing on Wyoming lakes, reservoirs, rivers and streams and hazardous desert or mountain excursions. "Outfitter" does not include
any person who furnishes pack or riding animals and other equipment only to a hunter for his personal
,
temporary use and any landowner providing outfitter services on private lands owned or leased
by him. As used in this paragraph:
for agricultural purposes by the landowner. For purposes of this paragraph "landowner" means any person, firm or corporation holding title to, or occupying under a contract of purchase, agricultural land or any person whose family owns at least a majority of the stock in a Wyoming corporation and who provides services specified in this paragraph on lands owned by the corporation and used primarily for agricultural purposes.
23
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2
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407.
License required for outfitters and professional guides.
(a)
No person shall hold himself out as, engage in the business of or act in the capacity of an outfitter
or shall provide guide services or packing services for the purpose of taking any big or trophy game animal
unless he is licensed as an outfitter or professional guide pursuant to this act.
Not more than one (1) person may operate as an outfitter or guide under one (1) license.
(d)
For reasons of game harvest, where territorial conflict exists or for the safety of persons utilizing the services of outfitters and for each outfitter license, the board shall establish and may adjust the territorial scope of operations.
(e)
Subject to subsection (d) of this section, the operating area established on the outfitter's license shall be the limit of operations for each licensee.
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2
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408.
Wyoming state board of outfitters and professional guides; membership; meetings; compensation.
(a)
The Wyoming state board of outfitters and professional guides is established within the department of administration and information and shall consist of seven (7) members as follows:
(iii)
Four (4) members representing a variety of types and sizes of outfitters appointed by the governor from a list of nominations submitted by licensed outfitters in Wyoming.
Two (2) members shall be hunting outfitters and two (2) members shall be fishing outfitters.
Nominees shall be licensed outfitters
or professional guides
with not less than five (5) years experience in outfitting
or professional guiding
in this state.
Two (2) nominees shall be submitted for each board vacancy and appointments shall rotate among game and fish commission appointment districts within the state.
23
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2
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414.
License issuance; fees; term of license; renewal; disposition of collected fees.
(e)
A separate license and fee shall be required for each commercially guided fishing boat that is owned and operated by a licensed outfitter. A registration sticker shall be displayed on each commercially guided fishing boat registered under this subsection.
Section 3.
W.S. 23
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2
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406(a)(iv)(A) and (B) are repealed.
Section 4.
The Wyoming game and fish commission and the Wyoming state board of outfitters and professional guides shall promulgate any rules necessary to implement this act.
Section 5
.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2023
.
(b)
Sections 4 and 5 of this act are 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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HB0232