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23LSO-0138
2023
STATE OF WYOMING
23LSO-0138
Numbered
2.0
SENATE FILE NO. SF0088
Hunting licenses-weighted bonus points system.
Sponsored by: Joint Travel, Recreation, Wildlife & Cultural Resources Interim Committee
A BILL
for
AN ACT relating to game and fish; establishing a weighted bonus points program for ram bighorn sheep and moose hunting license random draws; removing the preference point drawing for ram bighorn sheep and moose; providing for the calculation of weighted bonus points; making conforming amendments; specifying applicability; 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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107(a), (b)(intro), (ii), (h)(intro), (iii) and (j), 23
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703(b) and (g) and 23
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101(g), (k) and (m) are amended to read:
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107.
Residency for obtaining game and fish licenses.
(a)
Except as otherwise provided in this section, to qualify for any resident game and fish license,
bonus point,
preference point, permit or tag issued under this act, a person shall be domiciled in Wyoming for not less than one (1) full year immediately preceding the date the person applies for the license,
bonus point,
preference point, permit or tag and shall not have claimed residency in any other state, territory or country for any purpose during that one (1) year period.
(b)
Each person applying for a license,
bonus point,
preference point, permit or tag under this act shall establish his own residency status independently or as provided in this subsection or subsection (g) of this section.
A minor dependent shall qualify as a resident if:
(ii)
His noncustodial parent qualifies as a resident under this act and the minor is or will be residing in this state with the noncustodial parent during any portion of the calendar year in which the license, permit or stamp is to be used or in the case of a
bonus point or
preference point the calendar year in which the
bonus point or
preference point is to be accumulated.
(h)
An applicant shall provide proof of residency and swear to an oath of residency when making application for, or attempting to purchase, a resident license,
bonus point,
preference point, permit or tag under this act. License selling agents and the department shall consider as documentary evidence of residency any of the following:
(iii)
A proof of residency statement on a form provided by the department that has been completed and signed by the applicant. Any active duty member of the armed forces, his spouse or minor dependent of the active duty member making application for or purchasing a resident license,
bonus point,
preference point, permit or tag shall be required to complete and submit the proof of residency statement; or
(j)
The commission may promulgate rules and regulations in accordance with the Wyoming Administrative Procedure Act to ensure that only bona fide Wyoming residents as defined in this act are issued resident game and fish licenses,
bonus points, weighted bonus points,
preference points, permits and tags.
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703.
Limitation of number of certain licenses; reservation of certain licenses; reservation of certain unused licenses.
(b)
Subject to subsection (c) of this section, no person may apply for and receive more than one (1) cow or calf moose or one (1) ewe or lamb bighorn sheep license in any consecutive five (5) year period. Licenses issued under this subsection shall be issued
partially
for moose and ram bighorn sheep
through a
preference
weighted bonus
point
random
drawing
.
and partially through a random drawing of all remaining unsuccessful applicants for that year.
The department shall assign
bonus
points to each license applicant for a
specific species
moose or ram bighorn sheep
by multiplying the number of years the applicant has unsuccessfully applied for a license times one (1).
A license applicant's assigned bonus points are then squared for the license applicant's total entry in the sum of the assigned bonus points for the weighted bonus point random drawing.
The calculation used to assign
bonus
points to an applicant for a
particular species
moose or ram bighorn sheep
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
‑
five percent (75%) of
All
available licenses within any hunt area shall be randomly selected through a
preference
weighted bonus
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
bonus
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
that particular species
a moose or ram bighorn sheep
.
(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
antelope, deer and elk
.
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).
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101.
Fees; restrictions; nonresident application fee; nonresident licenses; verification of residency required; donation of refunded application fees.
(g)
In promulgating rules and regulations for the taking of bighorn sheep and moose, the commission shall not discriminate between residents and nonresidents regarding the maturity and horn size of the animals which may be taken.
Nothing in this subsection shall be construed as prohibiting the commission from issuing a different number of licenses for residents and nonresidents, from requiring a
bonus point or
preference point fee from nonresidents only pursuant to subsection (m) of this section or from issuing reduced price ewe and lamb bighorn sheep licenses as provided in subsection (d) of this section.
(k)
Any resident qualified to purchase a moose or ram bighorn sheep hunting license under subsection (j) of this section may pay a fee of seven dollars ($7.00) in lieu of applying for a moose or ram bighorn sheep hunting license.
Payment of the fee for a particular species under this subsection shall authorize the person to accumulate
bonus
points under W.S. 23
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703(b) 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 bonus point program for nonresident ram bighorn sheep or nonresident moose and
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
, bonus point
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
bonus point or 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
bonus points or preference
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
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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
bonus
points in addition to the fee established by subsection (k) of this section or to establish rules for ram bighorn sheep or moose
preference
weighted bonus
point
random
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
bonus
point fee to be withheld from either the license fee remitted or submitted separately when application for a license or
preference
bonus
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
.
This act shall apply to all moose and ram bighorn sheep hunting seasons commencing on or after January 1, 2027.
Section 3.
The game and fish commission shall promulgate all rules necessary to implement the provisions of this act for transitioning preference points to bonus points and establishing a weighted bonus point random drawing for moose and ram bighorn sheep hunting seasons not later than January 1, 2027.
Section 4
.
(a)
Except as provided in subsection (b) of this section, this act is effective January 1, 2027
.
(b)
Sections 2, 3 and 4 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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SF0088