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DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO.
Hunting licenses-weighted bonus points system.
Sponsored by: Joint Travel, Recreation, Wildlife & Cultural Resources Interim Committee
A BILL
for
1 AN ACT relating to game and fish; establishing a weighted
2 bonus points program for ram bighorn sheep and moose
3 hunting license random draws; removing the preference point
4 drawing for ram bighorn sheep and moose; providing for the
5 calculation of weighted bonus points; making conforming
6 amendments; repealing a provision; specifying
7 applicability; requiring rulemaking; and providing for
8 effective dates.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
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1 Section 1. W.S. 23-1-302(p), 23-1-107(a), (b)(intro),
2 (ii), (h)(intro), (iii) and (j), 23-1-703(c), (g) and by
3 creating a new subsection (j), 23-1-705(a) and (k),
4 23-2-101(g), (k) and (m) and 23-2-109 are amended to read:
5
6 23-1-302. Powers and duties.
7
8 (p) The commission may, by rule and regulation,
9 establish a process by which big game licenses, trophy game
10 licenses and wild bison licenses may be issued by a
11 competitive raffle and prescribe the manner of payment for
12 which raffle chances are sold and the amount of payment for
13 each raffle chance. No more than two (2) licenses for each
14 big game species and trophy game species and no more than
15 two (2) wild bison licenses shall be issued under this
16 subsection. Each license issued for bighorn sheep, moose,
17 mountain goat, grizzly bear or wild bison through a
18 competitive raffle shall, when applicable, be counted
19 against any nonresident quota. The five (5) year
20 restriction imposed on the receipt of a moose or bighorn
21 sheep license by W.S. 23-1-703(b) or and the lifetime
22 restriction imposed on the receipt of a grizzly bear,
23 mountain goat, bighorn sheep, wild bison or moose license
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1 by W.S. 23-1-703(c), and any restriction imposed on the
2 receipt of a wild bison license by W.S. 23-2-107 shall not
3 be applicable in any manner to a license issued pursuant to
4 this subsection. The commission shall issue licenses upon
5 receipt of the proper license fee by the successful
6 competitive raffle winner. Nothing in this subsection shall
7 authorize the issuance of a license to any person whose
8 privilege to procure, purchase or possess a license has
9 been suspended pursuant to this act or by operation of law.
10
11 23-1-107. Residency for obtaining game and fish
12 licenses.
13
14 (a) Except as otherwise provided in this section, to
15 qualify for any resident game and fish license, bonus
16 point, preference point, permit or tag issued under this
17 act, a person shall be domiciled in Wyoming for not less
18 than one (1) full year immediately preceding the date the
19 person applies for the license, bonus point, preference
20 point, permit or tag and shall not have claimed residency
21 in any other state, territory or country for any purpose
22 during that one (1) year period.
23
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1 (b) Each person applying for a license, bonus point,
2 preference point, permit or tag under this act shall
3 establish his own residency status independently or as
4 provided in this subsection or subsection (g) of this
5 section. A minor dependent shall qualify as a resident if:
6
7 (ii) His noncustodial parent qualifies as a
8 resident under this act and the minor is or will be
9 residing in this state with the noncustodial parent during
10 any portion of the calendar year in which the license,
11 permit or stamp is to be used or in the case of a bonus
12 point or preference point the calendar year in which the
13 bonus point or preference point is to be assigned or
14 accumulated.
15
16 (h) An applicant shall provide proof of residency and
17 swear to an oath of residency when making application for,
18 or attempting to purchase, a resident license, bonus point,
19 preference point, permit or tag under this act. License
20 selling agents and the department shall consider as
21 documentary evidence of residency any of the following:
22
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1 (iii) A proof of residency statement on a form
2 provided by the department that has been completed and
3 signed by the applicant. Any active duty member of the
4 armed forces, his spouse or minor dependent of the active
5 duty member making application for or purchasing a resident
6 license, bonus point, preference point, permit or tag shall
7 be required to complete and submit the proof of residency
8 statement; or
9
10 (j) The commission may promulgate rules and
11 regulations in accordance with the Wyoming Administrative
12 Procedure Act to ensure that only bona fide Wyoming
13 residents as defined in this act are issued resident game
14 and fish licenses, bonus points, preference points, permits
15 and tags.
16
17 23-1-703. Limitation of number of certain licenses;
18 reservation of certain licenses; reservation of certain
19 unused licenses.
20
21 (c) No person may apply for and receive more than one
22 (1) cow or calf moose or one (1) ewe or lamb bighorn sheep
23 license in any consecutive five (5) year period. Except as
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1 provided in this subsection and subsection (f) of this
2 section or by rule of the commission, no person who is
3 issued a hunting license on and after July 1, 2022 for a
4 grizzly bear, or for a mountain goat, any moose or antlered
5 moose, any ram bighorn sheep, any bighorn sheep and any
6 wild bison, and no person who, on July 1, 2022, is subject
7 to the five (5) year restriction under this subsection (b)
8 of this section for a cow or calf moose or a ewe or lamb
9 bighorn sheep license, shall be eligible to apply for or
10 receive a hunting license for that particular species in
11 any future year. The commission may issue hunting licenses
12 to any person in future years when necessary for wildlife
13 management purposes to harvest grizzly bear, mountain goat,
14 ewe or lamb bighorn sheep or cow or calf moose. The
15 commission may issue hunting licenses to any person to
16 harvest cow or calf wild bison pursuant to W.S. 23-2-
17 107(f).
18
19 (g) In addition to the authority granted under
20 subsection (b) of this section, tThe commission may through
21 rule and regulation develop and implement a preference
22 point program for nonresident antelope, nonresident deer
23 and nonresident elk licenses which are limited in quota and
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1 would otherwise be issued through a random drawing. A
2 program established pursuant to this subsection may be
3 implemented for all or selected hunt areas and may be
4 applied to all or portions of licenses for any particular
5 species antelope, deer and elk. The commission may charge
6 nonresident license applicants a nonrefundable fee to
7 accumulate preference points under the program as provided
8 in W.S. 23-2-101(m).
9
10 (h) Rules and regulations shall be promulgated by the
11 game and fish commission to carry out subsections (a)
12 through (f) and (j) of this section and may be promulgated
13 as provided in subsection (g) of this section.
14
15 (j) Licenses issued under this subsection shall be
16 issued for moose and ram bighorn sheep through a weighted
17 bonus point random drawing. The department shall assign
18 bonus points to each license applicant for a moose or ram
19 bighorn sheep by multiplying the number of years the
20 applicant has unsuccessfully applied for a moose or ram
21 bighorn sheep license times one (1). The department shall
22 then square a license applicant's assigned bonus points to
23 determine the license applicant's total entry for the
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1 weighted bonus point random drawing. A license applicant's
2 total number of weighted bonus points shall not accumulate
3 year to year and shall be recalculated each year based on
4 the license applicant's assigned bonus points. The
5 calculation used to assign bonus points to an applicant for
6 a moose or ram bighorn sheep under this subsection shall
7 include any year the applicant does not apply for a moose
8 or ram bighorn sheep license, provided in the case of a
9 resident the applicant pays the fee specified in W.S.
10 23-2-101(k), and in the case of a nonresident, the
11 applicant pays the appropriate fee established by the
12 commission under W.S. 23-2-101(m). For purposes of
13 assigning bonus points under this subsection, any
14 unsuccessful license applicant failing to apply for a
15 license, or pay the applicable fee in lieu of applying,
16 during the second calendar year shall be considered to be a
17 first year applicant for any subsequent calendar year in
18 which the applicant submits a license application for a
19 moose or ram bighorn sheep. All available licenses issued
20 under this subsection within any hunt area shall be
21 randomly selected through a weighted bonus point drawing
22 where each applicant has a number of entries equal to the
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1 applicant's number of weighted bonus points until all
2 available licenses have been issued.
3
4 23-1-705. Complimentary licenses; pioneer licenses;
5 antelope hunt licenses; gunpowder and buckskin hunt
6 licenses; gratuitous licenses; donated licenses.
7
8 (a) At the request of the governor, the commission
9 shall annually issue up to twenty-five (25) complimentary
10 hunting and twenty-five (25) complimentary fishing
11 licenses. Not more than five (5) bighorn sheep, five (5)
12 moose and five (5) wild bison licenses shall be issued
13 under this subsection. The five (5) year restriction
14 imposed on the receipt of a moose, bighorn sheep or wild
15 bison license by W.S. 23-1-703(b) and (c) W.S. 23-1-703(c),
16 and any restriction imposed on taking of wild bison under
17 commission rule and regulation shall not be applicable in
18 any manner to a license issued pursuant to this subsection.
19 Except as provided under subsection (g) of this section, no
20 complimentary licenses may be issued at the request of the
21 appointed commissioners. Immediately upon issuance of any
22 of these licenses, the commission shall submit to the
23 secretary of state for maintenance as a public record, the
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1 name and address of each licensee and the type of license
2 issued.
3
4 (k) The holder of any valid big game animal license,
5 trophy game animal license, any wild bison license or a
6 female or calf wild bison license may surrender said
7 license to the department for reissuance to a veteran with
8 disabilities or a person with a permanent disability who
9 uses a wheelchair as established by commission rule and
10 regulation selected and sponsored by a nonprofit charitable
11 organization providing hunting opportunities to a veteran
12 with disabilities or a person with a permanent disability
13 who uses a wheelchair. Any license reissued in accordance
14 with the provisions of this subsection shall be for the
15 same species, area and license type as the license donated.
16 The license shall be reissued by the department to a
17 qualifying person at no fee. Any license donated and
18 reissued under the provisions of this subsection shall not
19 be sold, traded, auctioned or offered for any monetary
20 value and shall not be issued to, or used by, any person
21 other than a qualifying person under the provision of this
22 section and in compliance with commission rule and
23 regulation. Licenses reissued to persons pursuant to this
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1 subsection shall not be subject to residency, drawing or
2 fee requirements under W.S. 23-2-101 or 23-2-107. The five
3 (5) year restriction imposed on the receipt of a cow or
4 calf moose or a ewe or lamb bighorn sheep license by W.S.
5 23-1-703(b), and the lifetime restriction imposed on the
6 receipt of a grizzly bear, mountain goat, ram or any
7 bighorn sheep, any wild bison or any moose or antlered
8 moose license by W.S. 23-1-703(c) or the restrictions
9 imposed on a wild bison under W.S. 23-2-107(f) shall not be
10 applicable in any manner to a license issued pursuant to
11 this subsection.
12
13 23-2-101. Fees; restrictions; nonresident application
14 fee; nonresident licenses; verification of residency
15 required; donation of refunded application fees.
16
17 (g) In promulgating rules and regulations for the
18 taking of bighorn sheep and moose, the commission shall not
19 discriminate between residents and nonresidents regarding
20 the maturity and horn size of the animals which may be
21 taken. Nothing in this subsection shall be construed as
22 prohibiting the commission from issuing a different number
23 of licenses for residents and nonresidents, from requiring
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1 a bonus point or preference point fee from nonresidents
2 only pursuant to