Full Statute Name:  West's Wyoming Statutes Annotated. Title 23. Game and Fish. Chapter 5. Game Bird Farms; Fishing Preserves. Article 1. Game Bird Farms.

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Primary Citation:  W.S.1977 §§ 23-5-101 - 111 Country of Origin:  United States Last Checked:  March, 2019 Alternate Citation:  WY ST §§ 23-5-101 - 111 Date Adopted:  1961
Summary:

This Wyoming statute provides that one who desires to operate a game bird farm must file a verified declaration that states the purpose of the farm (breeding, propagating, or hunting) and a legal description of the tract of land.

 

§ 23-5-101 . Compliance with provisions prerequisite to establishment of game bird farm

§ 23-5-102 . Department to issue licenses

§ 23-5-103 . Applicant for license to file verified declaration

§ 23-5-104 . Investigation of applicant; issuance of license; purchase or replacement of birds; marking of birds

§ 23-5-105 . License fee; expiration; renewal of license

§ 23-5-106 . Rights of licensee generally

§ 23-5-107 . Receipt to be given for removal of birds from licensed premises

§ 23-5-108 . Hunting restricted to established seasons; license required; exceptions

§ 23-5-109 . Bird license; fee; license not required of commercial purchasers

§ 23-5-110 . Season required; exceptions

§ 23-5-111. Game bird farm-certification to raise greater sage grouse; authorization; requirements; limitations

 

 

§ 23-5-101. Compliance with provisions prerequisite to establishment of game bird farm

Any person who owns, or any person who holds or controls fee land, by lease or otherwise which holding, controlling or lease shall be for a period of five (5) years beyond the time of compliance with this act, any continuous tract of land within the state suitable for game birds upon complying with the provisions of this act, may, establish, operate and maintain a game bird farm for the purpose of breeding, propagating, killing, hunting, and selling game birds.

CREDIT(S)

Laws 1961, ch. 218, § 1; Laws 1971, ch. 188, § 1; Laws 1973, ch. 249, § 1.

Codifications: W.S. 1957, § 23-134; Rev. W.S. 1957, § 23.1-90.

 

§ 23-5-102. Department to issue licenses

The department shall issue licenses for game bird farms, and for the propagation, breeding, possession, use, releasing, killing, hunting, and sale of licensed birds therefrom. No license shall authorize any of the acts specified in this section for greater sage grouse unless the licensee has been certified under W.S. 23-5-111.

Credits

Laws 1961, ch. 218, § 2; Laws 1973, ch. 249, § 1; Laws 2017, ch. 213, § 2, eff. March 17, 2017.

Codifications: W.S. 1957, § 23-135; Rev. W.S. 1957, § 23.1-91.


§ 23-5-103. Applicant for license to file verified declaration

An owner or lessee desiring to establish, operate, and maintain a game bird farm in conformity with this act shall file with the department a verified declaration, describing the purpose for, and proposed methods of breeding, propagating, hunting and sale of licensed game birds and setting forth the number of acres embraced in the tract to be so used, together with the legal description of the tract.

CREDIT(S)

Laws 1961, ch. 218, § 3; Laws 1973, ch. 249, § 1.

Codifications: W.S. 1957, § 23-136; Rev. W.S. 1957, § 23.1-92.


§ 23-5-104. Investigation of applicant; issuance of license; purchase or replacement of birds; marking of birds

(a) Upon the filing of the declaration the department shall investigate and require the applicant to produce satisfactory evidence of the facts stated in the declaration. The licensee shall purchase or replace to the state all game birds within the boundaries of the proposed farm and to effect this purpose, the department shall appoint one (1) man, the applicant one (1) man, and these two (2) shall select a third man, the three (3) to act as a board to go upon the lands embraced within the proposed license and determine as nearly as possible the number of wild game birds occupying the proposed tract. The determination shall be made within thirty (30) days after the date of the application for a license. The necessary expense of all of the members of the board shall be paid by the licensee. Within thirty (30) days after the date of the determination of the number of occupying game birds the licensee shall pay to the department a specified sum per bird as determined by the department or replace to the state an equivalent number of birds.

(b) The department shall issue a license to the applicant describing the lands, and certifying that the licensee is lawfully entitled to use the lands for the breeding, propagating, hunting, killing, and selling of licensed game birds thereon according to the provisions of this act if upon such examination it appears:

(i) The applicant is the owner or lessee of the lands;

(ii) The applicant intends in good faith to establish, operate, and maintain a commercial game bird farm, and raise and release additional game birds into the wild;

(iii) The area to be licensed is enclosed by a legal fence and posted as a “private game bird farm”; and

(iv) The applicant has paid to the department the specified sum for game birds on the premises or replaced to the state an equivalent number of game birds.

(c) When a license has been granted, the licensee becomes the owner of all offspring of the game birds actually produced and remaining thereon. No person shall entice game birds into the licensed premises by baiting, artificial feeding or by any other means. All adult game birds released on the licensed premises shall be marked by identifying leg or wing bands. After three (3) years of continuous operation and licensure for the same location, the licensee shall not be required to mark adult game birds with identifying leg or wing bands. To be qualified as a licensee under this act, each licensee shall release a minimum of one hundred (100) game birds each year on the licensed premises, which number may be a combination of any species of game birds. Failure to release the minimum number of birds is cause for revocation of the license. The commission shall not limit by rule and regulation or policy the number or species of game birds a licensee may raise, possess, confine, transport or dispose of in accordance with the provisions of this chapter.

Credits

Laws 1961, ch. 218, § 4; Laws 1971, ch. 188, § 2; Laws 1973, ch. 249, § 1; Laws 1995, ch. 138, § 1, eff. Feb. 23, 1995; Laws 1999, ch. 30, § 1, eff. Feb. 18, 1999; Laws 2017, ch. 213, § 2, eff. March 17, 2017.

Codifications: W.S. 1957, § 23-137; Rev. W.S. 1957, § 23.1-93.


§ 23-5-105. License fee; expiration; renewal of license

 

 

Applicants for the license shall pay the proper fee. The license, if issued on or after January 1, 2019, expires as provided in commission rules, but may be renewed each year in the discretion of the department upon the payment of the proper fee.

Credits

Laws 1961, ch. 218, § 5; Laws 1973, ch. 249, § 1; Laws 2013, ch. 43, § 1, eff. July 1, 2013; Laws 2018, ch. 89, § 1, eff. Jan. 1, 2019.

Codifications: W.S. 1957, § 23-138; Rev. W.S. 1957, § 23.1-94.


§ 23-5-106. Rights of licensee generally

The game bird farm license is prima facie evidence in all courts and proceedings of the lawful right of the licensee therein named, his or its successor or assigns, for the term of license, to establish and operate a game bird farm upon the premises, and entitles the licensee therein named or his successors or assigns, to the exclusive right for and during the term to breed, propagate, hunt, kill, and sell the licensed game birds thereon. For game bird species other than greater sage grouse, the licensee shall not shoot or kill over ninety-six percent (96%) of the birds reared or released on his premises. No licensee shall undertake any of the acts specified in this section for greater sage grouse unless the licensee holds a current certification under W.S. 23-5-111, and the acts are taken in accordance with W.S. 23-5-111 and rules adopted pursuant thereto.

Credits

Laws 1961, ch. 218, § 6; Laws 1973, ch. 249, § 1; Laws 2017, ch. 213, § 2, eff. March 17, 2017.

Codifications: W.S. 1957, § 23-139; Rev. W.S. 1957, § 23.1-95.


§ 23-5-107. Receipt to be given for removal of birds from licensed premises

Before any bird may be removed from the licensed premises, the licensee or operator shall issue to the person removing birds a receipt. The receipt shall be dated and shall contain information as to the number of birds, the sex, and species being removed from the licensed premises.

CREDIT(S)

Laws 1973, ch. 249, § 1.

Codifications: W.S. 1957, § 23.1-96.


§ 23-5-108. Hunting restricted to established seasons; license required; exceptions

(a) No person shall take game birds on any licensed game bird farm area at any time except during the established season for game bird farms and unless:

(i) The person has in his possession at the time a license authorizing the hunting of game birds; or

(ii) The person is participating in a special competitive game bird hunt as defined by commission regulation conducted on a licensed game bird farm.

Credits

Laws 1961, ch. 218, § 9; Laws 1973, ch. 249, § 1; Laws 2005, ch. 26, § 1, eff. Jan. 1, 2006; Laws 2018, ch. 89, § 1, eff. Jan. 1, 2019.

Codifications: W.S. 1957, § 23-142; Rev. W.S. 1957, § 23.1-97.

 

§ 23-5-109. Bird license; fee; license not required of commercial purchasers

 

 

All game bird farm licensees are authorized selling agents of the commission, may issue a bird license on forms prescribed by the commission to any person who does not have in his possession a license authorizing the hunting of game birds as required by this act, and shall comply with all provisions of this act. Bird licenses issued on or after January 1, 2019, expire as provided in commission rules and are valid for use only on the premises of the licensee selling the license. The appropriate fee for the bird license shall be paid to the department. The licensee may charge such additional fee for his personal services as he feels his operations may dictate, or he may sell directly to a commercial operator or restaurant operator, live or dressed game birds without their having to be killed by the purchaser, provided they are properly receipted, in which case the purchaser is not required to possess a valid game bird hunting license.

Credits

Laws 1961, ch. 218, § 10; Laws 1973, ch. 249, § 1; Laws 2018, ch. 89, § 1, eff. Jan. 1, 2019.

Codifications: W.S. 1957, § 23-143; Rev. W.S. 1957, § 23.1-98.

 

§ 23-5-110. Season required; exceptions

Game bird farms shall have a season commencing the first day of August and ending the last day of March. Each initial application or annual application for renewal shall submit the opening and closing dates of the season for approval by the commission. Special competitive game bird hunts as defined by commission regulation may take place throughout the year with the approval of the department.

CREDIT(S)

Laws 1961, ch. 218, § 11; Laws 1971, ch. 188, § 5; Laws 1973, ch. 249, § 1; Laws 1985, ch. 68, § 1; Laws 1991, ch. 144, § 1; Laws 2005, ch. 26, § 1, eff. Jan. 1, 2006.

Codifications: W.S. 1957, § 23-144; Rev. W.S. 1957, § 23.1-99.

 

§ 23-5-111. Game bird farm-certification to raise greater sage grouse; authorization; requirements; limitations

(a) No person shall possess live greater sage grouse or propagate, breed, sell, raise or release greater sage grouse unless licensed as a game bird farm and certified to be in compliance with the requirements of this section.

(b) The commission shall promulgate rules and regulations for the administration of this section. The rules and regulations shall establish a system to certify game bird farm licensees to possess, propagate, breed, raise, sell, gather eggs of and release greater sage grouse and to take greater sage grouse within the boundaries of the game bird farm. A licensee shall be issued an annual certificate of compliance under this section by providing evidence to the department that:

(i) The licensee has successfully raised from eggs or chicks at least two (2) other species of game bird in accordance with this act for not less than three (3) consecutive years;

(ii) An adequate enclosure exists at the game bird farm to confine and handle greater sage grouse physically separated from other game birds;

(iii) The enclosures for greater sage grouse include vegetation consistent with the needs of the grouse;

(iv) The facility is disease free; and

(v) The licensee demonstrates the capacity to meet requirements specified in this section and commission rule for continuing operation as a certified greater sage grouse facility.

(c) To maintain certification under this section the licensee shall:

(i) Submit an annual national poultry improvement plan certificate and annual avian influenza free certification by a licensed Wyoming veterinarian to the department;

(ii) Report within the time period established by rule the detection of any disease at the game bird farm to the department and undertake and report to the department remedial acts taken to mitigate the effects of any disease.

(d) Before release, greater sage grouse shall be banded for identification in accordance with rules and regulations of the commission and held in a holding pen separate from any sage grouse not being released and separate from any other game bird species for at least thirty (30) consecutive days immediately prior to release. Any greater sage grouse that dies within the release holding pen during this period shall be reported to the department within the time period and in accordance with the procedures established by rule shall be sent to the Wyoming state veterinary laboratory for necropsy at the expense of the licensee. Any release of greater sage grouse within the state and not within the boundaries of the game bird farm shall be in coordination with the department. Commission rules may restrict areas of release as necessary to protect existing wild populations of greater sage grouse.

(e) A game bird farm licensee holding a current certification under this section may collect greater sage grouse eggs for the purpose of establishing a captive breeding population, subject to the following restrictions:

(i) All collections shall be conducted by the licensee or his agent under the supervision of a professional wildlife biologist and in coordination with the department;

(ii) No more than two hundred fifty (250) eggs may be collected by any game bird farm licensee in any calendar year;

(iii) No more than forty (40) nest sites in a single collection area may be disturbed by the game bird farm licensee in any calendar year; and

(iv) Eggs may only be collected in April and May;

(v) Rules shall establish:

(A) Time of day and restrictions on methods of collection of eggs;

(B) The number of licensees authorized to collect eggs;

(C) The areas approved for collection of eggs; and

(D) Other limitations on egg collections, including the complete suspension of egg collections as determined by the commission to be beneficial to prevent the listing of or facilitate the removal of greater sage grouse as a candidate species under the Endangered Species Act.

(f) The department may suspend, revoke or not renew any certification issued to a licensee under this section if, after notice and opportunity for a hearing, the department finds:

(i) The licensee has violated any provision of this act or any rule promulgated under this act which relates to the licensee's game bird farm operations;

(ii) The licensee's facilities no longer provide secure holding facilities to contain and separate game bird species as required under this section;

(iii) The licensee's facility has not remained disease free and the department reasonably believes the native greater sage grouse population of this state may be harmed thereby.

(g) The requirements of this section for game bird farm certification for greater sage grouse are in addition to all other licensing requirements of this article.

(h) A licensee whose certification under this section has been revoked may not reapply for a new certification within eighteen (18) months of the date of revocation.

(j) Commission rules may provide for the forfeiture to the state or for other disposition of greater sage grouse at any facility whose certification under this section has been revoked. Certifications under this section shall expire as of December 31, 2022. Commission rules shall provide for disposition of all greater sage grouse held by a licensee pursuant to this section as of that date. No licensee shall be entitled to any reimbursement from or other claim against the state for any greater sage grouse owned by the licensee at the expiration or revocation of a certification and all certifications issued pursuant to this section shall so provide.

Credits

Laws 2017, ch. 213, § 1, eff. March 17, 2017. 

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