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23LSO-0662
2023
STATE OF WYOMING
23LSO-0662
Numbered
2.0
HOUSE BILL NO. HB0254
Nonresident anglers-regulatory modifications.
Sponsored by: Representative(s) Western
A BILL
for
AN ACT relating to game and fish; creating and amending provisions specific to nonresident fishing; requiring nonresident fishing guides to obtain boat permit decals as specified; providing for fees; imposing penalties; requiring rulemaking; increasing fees for nonresident fishing licenses as specified; 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
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2
‑
501 through 23
‑
2
‑
505 are created to read:
ARTICLE 5
NONRESIDENT PROFESSIONAL FISHING GUIDES
23
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2
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501.
Definitions.
(a)
As used in this article:
(i)
"Fishing guide services" means the services provided for hire or remuneration of accompanying and providing assistance to a fisherman in the field relating to catching fish through the operation of a nonresident commercial guide boat in Wyoming;
(ii)
"Nonresident commercial guide boat" or "nonresident guide boat" means a boat, watercraft, raft or any other vessel which is operated by a nonresident professional fishing guide to provide fishing guide services;
(iii)
"Nonresident professional fishing guide" or "nonresident guide" means a person who is not a Wyoming resident, who advertises or holds himself out to the public for hire for the purpose of financial gain in order to provide fishing guide services and is not guiding on behalf of an outfitting or guiding service located in the state of Wyoming.
23
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2
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502.
Permit required; application for nonresident commercial guide boat permit decal; affidavit required if boat hull identification not visible; penalty.
(a)
The department or its authorized selling agent shall sell nonresident commercial guide boat permit decals. Each selling agent shall retain the amount specified by W.S. 23
‑
1
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701(b) for each guide boat permit decal sold.
(b)
Beginning January 1, 2025, each nonresident professional fishing guide shall annually file in writing with the department or its authorized selling agent, on a form prescribed by the commission, an application for annual permitting of the nonresident commercial guide boat used by the nonresident guide to provide fishing guide services. The application shall state the name and address of the nonresident guide applicant, the name and address of the owner of the nonresident guide boat if different than the nonresident guide applicant and the make, model and identifying hull identification of the nonresident guide boat. If the identifying hull identification is not legible or visible, the applicant shall upon a form provided by the department, provide proof of ownership by affidavit certified in writing. Any person knowingly presenting a false or fraudulent statement under this subsection is subject to the penalties provided by W.S. 6
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5
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303.
(c)
Any nonresident guide who provides fishing guide services without the permit decal required under this article is guilty of a low misdemeanor punishable as provided in W.S. 23
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6
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202(a)(v).
23
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2
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503.
Required permit fee; payment of fees; issuance of numbered decal; duties of department.
(a)
Every nonresident professional fishing guide who will provide fishing guide services, upon filing of the annual permitting application, shall pay to the department or authorized selling agent an annual permit fee of one thousand dollars ($1,000.00).
(b)
For any permit decal sold by an authorized selling agent in accordance with this article and W.S. 23
‑
1
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701, the authorized selling agent shall forward to the department the original copy of the annual permit application required under W.S. 23
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2
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502(b) together with the permit fee collected under subsection (a) of this section.
(c)
Upon receipt of the application and permit fee required under this article, the department or its authorized selling agent shall issue to the nonresident professional fishing guide a numbered decal which shall be affixed and prominently displayed on the nonresident commercial guide boat used by the nonresident guide to provide fishing guide services. Each permit decal shall include the bucking horse and rider emblem.
(d)
The department shall furnish a sufficient quantity of application forms and numbered decals to each authorized selling agent and keep full and complete records of all nonresident professional fishing guides and nonresident commercial guide boats.
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2
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504.
Duplicate permit decal upon loss or destruction of original; issuance; fees.
When any nonresident guide boat permit decal issued under this article has been lost or destroyed, the nonresident professional fishing guide permitted in accordance with W.S. 23
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2
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503 may secure a duplicate of the original decal from any district office or any authorized personnel of the department upon the presentation of satisfactory proof that the original decal was lost or destroyed. Prior to issuing the duplicate decal and in accordance with rule of the commission, the department may assess a fee of not more than twenty
‑
five dollars ($25.00) plus the fees charged under W.S. 23
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1
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701. Duplicate decals shall be issued in accordance with procedure established by commission order. It is unlawful for any person to willfully alter or mutilate any certificate or numbered decal.
23
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2
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505.
Duration of permit decal.
Each permit decal issued under this article is effective for the calendar year and shall expire on December 31 of the permitting year.
Section 2.
W.S. 23
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1
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302(a) by creating a new paragraph (xxxii), 23
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1
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701(a), (b)(intro), by creating a new paragraph (iv), (c), (d) and (g), 23
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2
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201(d), (ii), (vi) and (ix) and 41
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13
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107 are amended to read:
23
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1
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302.
Powers and duties.
(a)
The commission is directed and empowered:
(xxxiii)
To administer and enforce the nonresident commercial guide boat permitting program in accordance with W.S. 23
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2
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501 through 23
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2
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505.
23
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1
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701.
Selling agents; administration of oaths; licenses, permits, game tags and permit decals.
(a)
The commission with the advice of the director shall appoint agents to sell game, bird and fish licenses
and nonresident commercial guide boat permit decals in accordance with W.S. 23
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2
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501 through 23
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2
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505
. Any vendor engaged in the commercial sale of sporting goods and equipment who holds a valid sales tax license issued by the department of revenue under W.S. 39
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15
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106 may apply to the commission and shall be appointed as an agent to sell game, bird and fish licenses, permits
,
and
stamps
and nonresident guide boat permit decals
. At the end of each year, the commission shall renew the appointment of agents who had combined game, bird and fish license, permit and stamp sales during that year of not less than one thousand dollars ($1,000.00). Renewal of the appointment of agents selling fish licenses only or agents serving remote locations shall not be subject to the one thousand dollar ($1,000.00) minimum sales requirement.
Renewal of the appointment of agents selling nonresident guide boat permit decals shall be in accordance with the rules set by the commission.
The commission shall provide bonding for agents for the purpose of selling game, bird and fish licenses, permits
,
and
stamps
and nonresident guide boat permit decals
. Bonding shall be provided upon receipt of a nonrefundable annual fee of fifty dollars ($50.00). The fees shall be deposited in a bond pool fund except in any month when the bond pool fund contains one hundred thousand dollars ($100,000.00) or more the fees shall be deposited in the game and fish fund. The fee shall be paid to the commission before December 1 preceding the year for which the bond shall be in effect. Newly appointed agents shall pay the same fee immediately upon appointment by the commission to receive bonding for the remainder of the calendar year in which the agent was appointed. All claims against an agent's bond shall be paid from the bond pool account.
(b)
Each license selling agent shall charge a fee as provided in this subsection for each license, permit or stamp he sells or distributes pursuant to this act.
The
Each license selling agent shall charge the fee as provided in W.S. 23
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2
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503 for each nonresident commercial guide boat permit decal he sells or distributes in accordance with this act. No
fee shall
not
be charged if this act specifies that the issuance shall be without fee or fails to establish a fee for the issuance of the license, permit or stamp. Each license, permit
,
or
stamp
or nonresident guide boat permit decal
sold or distributed under this act shall display the total amount only of all fees and other charges required under this act or otherwise provided by law. Each selling agent shall retain two dollars ($2.00) for each license
and nonresident guide boat permit decal
and fifty cents ($.50) for each stamp or permit he sells. For failure to comply with this section, selling agents shall not be entitled to retain the amounts specified in this subsection and shall be liable on their bond. No employee of the commission shall receive any commission on licenses, stamps
,
or
permits
or nonresident guide boat permit decals
sold, but the department shall charge the additional fee specified in this subsection, or otherwise provided by law, for each license, stamp or permit sold by commission employees. The fee charged under this subsection shall be in addition to the amount otherwise established by this act for the license, permit or stamp and shall be as follows:
(iv)
Two dollars ($2.00) for each nonresident guide boat permit decal.
(c)
Every selling agent shall file a report with the commission at such times and in such manner as prescribed by commission rule and shall account for all licenses, permits,
and
stamps
and nonresident guide boat permit decals
received by the selling agent to the commission.
(d)
Every person authorized by the commission or by law to sell and issue licenses
and nonresident guide boat permit decals
is authorized to administer oaths.
(g)
License selling agents under this section shall be considered representatives of the game and fish department for the purpose of charging fees for costs of processing payments for sales of licenses, permits
,
or
stamps
or nonresident guide boat permit decals
. In addition to fees under subsection (b) of this section a license selling agent may charge and collect from the person tendering payment a fee for the cost of processing the payment in the same manner and amount as established by commission rule for sales directly from the game and fish department.
23
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2
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201.
Fees; restrictions; verification of residency required.
(d)
The following fishing licenses may be purchased for the fee indicated in addition to the applicable fee under W.S. 23
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1
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701 and subject to the limitations provided:
(ii)
Nonresident fishing license.........
$100.00
$140.00
(vi)
Nonresident daily fishing license....
$12.00
$28.00
(ix)
Nonresident five (5) consecutive day fishing license......................................
$54.00
$66.00
41
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13
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107.
Political subdivisions not to number watercraft.
Except as provided in W.S. 23
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2
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501 through 23
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2
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505 t
his act governs the numbering and permitting of watercraft on the waters of this state. All other political subdivisions of this state are expressly prohibited from numbering watercraft in any respect.
Section 3.
The game and fish commission shall promulgate all rules necessary to implement the provisions of this act on or before July 1, 2024.
Section 4
.
This act is effective July 1, 2024
.
(END)
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HB0254