Jackson legislator wants new wolf bill
by Cat Urbigkit, Pinedale Online!
September 21, 2008
Jackson Hole legislator Keith Gingery has proposed that wolves should be classified as a trophy game species statewide, instead of dual classification under the existing law enacted by the Wyoming Legislature. Gingery came out with draft legislation last week, asserting that his aim was to resolve issues identified in the current lawsuit over the delisting of wolves in the Northern Rockies.
The bill allows for only one classification, namely trophy game classification, and the bill re-writes the state’s depredation control law to be similar to the law in Idaho and Montana.
Here's the text of the draft bill, as advocated by Gingery:
HOUSE BILL NO.
Gray wolf-trophy game status.
Sponsored by: Representative(s) Gingery
A BILL
for
AN ACT relating to game and fish; providing for management of wolves as trophy game animals throughout the state; modifying penalty provisions for improper taking of a gray wolf; providing for taking of gray wolves in additional situations as specified; repealing inconsistent provisions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 11‑6‑302(a)(ix)(A) and (x)(A), 23‑1‑101(a)(viii)(A) and (xii)(A), 23-1-103, 23-1-302(a)(xxix), 23‑2‑101(j)(xliii)(intro), 23-2-104(e), 23-2-303(d), 23-3-102(a), 23-3-304(a) and 23‑3‑115 by creating a new subsection (d) are amended to read:
11-6-302. Definitions.
(a) As used in this article:
(ix) "Predatory animal" means:
(A) Coyote, jackrabbit, porcupine, raccoon, red fox, skunk or stray cat.; and
(x) "Trophy game animal" means:
(A) Black bear, grizzly bear, gray wolf or mountain lion.; and
23-1-101. Definitions of wildlife.
(a) As used in this act:
(viii) "Predatory animal" means:
(A) Coyote, jackrabbit, porcupine, raccoon, red fox, skunk or stray cat.; and
(xii) "Trophy game animal" means:
(A) Black bear, grizzly bear, gray wolf or mountain lion.; and
23-1-103. Ownership of wildlife; purpose of provisions.
For the purpose of this act, all wildlife in Wyoming is the property of the state. It is the purpose of this act and the policy of the state to provide an adequate and flexible system for control, propagation, management, protection and regulation of all Wyoming wildlife. There shall be no private ownership of live animals classified in this act as big or trophy game animals or of any wolf or wolf hybrid.
23-1-302. Powers and duties.
(a) The commission is directed and empowered:
(xxix) After the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23-1-108, To classify manage gray wolves and to regulate the taking of gray wolves as predatory or trophy game animals in accordance with W.S. 23-1-304, and to regulate the number of gray wolves which may be taken under a license issued under this act or as necessary appropriate to carry out the commission's duties under this act. The commission shall manage and regulate the taking of gray wolves in a manner consistent with that of big game and other trophy game and in a manner which facilitates the removal of the gray wolf from the list of experimental nonessential population, endangered species or threatened species in Wyoming and prevents any such future listing of the gray wolf.
23-2-101. Fees; restrictions; nonresident application fee; nonresident licenses; verification of residency required.
(j) Subject to W.S. 23-2-101(f), 23-1-705(e) and the applicable fee under W.S. 23-1-701, the following hunting licenses and tags may be purchased for the fee indicated and subject to the limitations provided:
(xliii) From and after the date Gray wolves: are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23-1-108:
23-2-104. Archery licenses; special seasons; prohibition against firearms; equipment.
(e) When hunting antelope, bighorn sheep, black bear, deer, gray wolf, mountain goat or mountain lion the longbow hunter must be equipped with a longbow of not less than forty (40) pounds draw weight or possessing the ability to cast a hunting arrow of four hundred (400) grain weight at least one hundred sixty (160) yards. When hunting elk, grizzly bear or moose, the longbow hunter must be equipped with a longbow of not less than fifty (50) pounds draw weight or possessing the ability to cast a hunting arrow of five hundred (500) grain weight at least one hundred sixty (160) yards. The crossbow hunter must be equipped with a crossbow of not less than ninety (90) pounds draw weight which has a minimum draw length of fourteen (14) inches (from front of bow to back of string in the cocked position) and a positive safety mechanism. Crossbow bolts must be at least sixteen (16) inches long. The broadhead of arrows or bolts shall be of sharp steel with a minimum cutting width of one (1) inch. The provisions of this subsection relating to the hunting of antelope, bighorn sheep, black bear, deer, mountain goat and mountain lion shall also apply to the hunting of the gray wolf as a trophy game animal from and after the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23-1-108.
23-2-303. Trapping licenses; tagging; traps and snares; penalty; confiscation; inspection; interference with trapping.
(d) All traps and snares used for furbearing or predatory animals shall be permanently marked or tagged with the name and address of the owner or the identification number assigned to the owner by the department. Any identification number attached to a trap or snare pursuant to this subsection is solely for the use of the department or appropriate law enforcement officers and is not a public record for purposes of W.S. 16-4-201 through 16-4-205. No trap or snare shall be set for furbearing or predatory animals within thirty (30) feet of any exposed bait or carcass over five (5) pounds in weight. As used in this subsection, "exposed bait or carcass" means the meat or viscera of any part of a mammal, bird or fish, excluding dried bones. In addition, all snares used for taking furbearing or predatory animals shall be equipped with a break-away locking device that is designed to release at two hundred ninety-five (295) pounds of pressure or less and a snare loop not to exceed twelve (12) inches in diameter measured side to side. Unless otherwise specified in this section, all traps, excluding snares set for furbearing animals and predatory animals and quick kill body grip traps as defined by commission rule and regulation, shall be checked by the owner at least once during each seventy-two (72) hour period from the time the traps were set. Quick kill body grip traps shall be checked by the owner not less than once each seven (7) day period from the time the traps were set. All wildlife caught in any trap or snare shall upon discovery, be removed immediately by the owner. Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v). After the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23-1-108 the commission may enact rules and regulations setting forth the specifications for traps and snares used for the taking of gray wolves and the time period for checking such traps and snares. Except as otherwise provided by commission rule, the provisions in this section regulating the trapping of furbearing and predatory animals shall apply to the trapping of gray wolves.
23-3-102. Taking certain game animals without license or during a closed season prohibited.
(a) Except as provided in subsection (d) of this section, any person who takes any big or trophy game animal or gray wolf where classified as a trophy game animal without the proper license or authority is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii). The taking of each animal is a separate offense.
(d) Any person who knowingly takes any antlered elk, antlered deer, antlered moose, horned antelope, bighorn sheep, mountain goat, mountain lion, gray wolf, grizzly bear or black bear without the proper license or during a closed season except as otherwise permitted by this act is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00), imprisonment for not more than one (1) year, or both.
23-3-304. Certain trapping devices unlawful; game for bait prohibited; baiting big game animals prohibited; penalties.
(a) No person shall take or wound any game animal, game bird, or game fish by use of any pit, pitfall, net, trap, deadfall, poison, or other similar device except as otherwise provided. From and after the date gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming as provided by W.S. 23-1-108, gray wolves may be taken with a trap or snare only as allowed by and in accordance with rules and regulations of the commission.
23-3-115. Taking certain animals for damaging property.
(d) Any gray wolf in the act of attacking any livestock or dog may be immediately taken and killed by the owner of the livestock or dog or an employee of the owner or lessee of the livestock or dog. The owner, employee or lessee shall immediately notify the nearest game warden of the killing of a gray wolf pursuant to this subsection. For purposes of this subsection the "act of attacking" is defined as actual biting, wounding, grasping or killing of livestock or a dog or chasing, molesting or harassing by a wolf that would indicate to a reasonable person that actual, biting, wounding, grasping or killing of livestock or a dog is likely to occur at any moment.
Section 2. 11‑6‑302(a)(ix)(B) and (x)(B) and (b), 23-1-101(a)(viii)(B) and (xii)(B) and (b), 23-1-108, 23-1-109, 23-1-304, 23-3-115(c), 2003 Wyoming Session Laws, Chapter 115, section and 2008 Wyoming Session Laws, Chapter 168, section 4 are repealed.
Section 3. 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.
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