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Wyoming

West's Wyoming Statutes Annotated. Title 23. Game and Fish. Chapter 3. General Regulatory Provisions. Article 4. Miscellaneous Acts Prohibited

Statute Details
Printable Version
Citation: WY ST 23-3-401 - 407

Citation: W. S. 1977 23-3-401 - 407


Last Checked by Web Center Staff: 09/2013

Summary:   This section of Wyoming laws relates to miscellaneous prohibited hunting acts. Included is the state's hunter harassment law, which provides that no person shall with the intent to prevent or hinder the lawful taking of any wildlife. Violation is a "low misdemeanor." Wyoming has a unique provision in this law that makes it a misdemeanor punishable by a fine of up to $10,000.00 for any organization or association to counsel or solicit its members or others to violate subsection (a) of this section. Each subsequent violation of this subsection shall be punishable by a fine of not more than $50,000.00. A party affected by the law's prohibited conduct can seek an injunction and file a suit for damages if he or she has suffered injuries. Article 4 also includes a 2009 law that prohibits remote hunting that allows a person not physically present to remotely control a weapon to kill wildlife.


Statute in Full:

 

§ 23-3-401. Commercial operation or business without license prohibited

§ 23-3-402. Violation of commission order prohibited

§ 23-3-403. False swearing, fraud or false statement prohibited

§ 23-3-404. Tanneries not to receive game specimens unless tagged; records

§ 23-3-405. Interference with lawful taking of wildlife prohibited; penalties; damages; injunction

§ 23-3-406. Attempting to take simulated wildlife decoy; penalty

§ 23-3-407. Remote hunting prohibited

 

§ 23-3-401. Commercial operation or business without license prohibited

No person shall engage in any commercial operation or business authorized under this act without the proper license.

CREDIT(S)

Laws 1973, ch. 249, § 1.

 

§ 23-3-402. Violation of commission order prohibited

Any person who violates any lawful order of the commission is guilty of a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

CREDIT(S)

Laws 1939, ch. 65, § 93; Laws 1973, ch. 249, § 1; Laws 2007, ch. 62, § 1, eff. July 1, 2007.

 

§ 23-3-403. False swearing, fraud or false statement prohibited

(a) No person shall procure or attempt to procure any license or tag under this act by false swearing, fraud, or false statement of any kind or in any form.

(b) Violation of this section constitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

CREDIT(S)

Laws 1973, ch. 249, § 1; Laws 1989, ch. 24, § 1; Laws 1997, ch. 15, § 2, eff. July 1, 1997; Laws 2007, ch. 62, § 1, eff. July 1, 2007.

 

§ 23-3-404. Tanneries not to receive game specimens unless tagged; records

(a) No person shall deliver to any tannery, nor shall any tannery receive any game specimen unless tagged with a Wyoming game tag except as otherwise provided. Violation of this subsection constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

(b) Tanneries by keeping records required by the commission may receive, purchase, store, handle, ship, sell, transport, and deliver any hide from cloven hoof big game animals, either within or without Wyoming, without tagging the hide with a Wyoming game tag.

CREDIT(S)

Laws 1973, ch. 249, § 1; Laws 2007, ch. 62, § 1, eff. July 1, 2007.

 

§ 23-3-405. Interference with lawful taking of wildlife prohibited; penalties; damages; injunction

(a) No person shall with the intent to prevent or hinder the lawful taking of any wildlife:

(i) Interfere with the lawful taking of or the process of lawfully taking any wildlife;

(ii) Engage in any activity intended to threaten or otherwise affect the behavior of any wildlife.

(b) A violation of subsection (a) of this section constitutes a low misdemeanor as punishable as provided in W.S. 23-6-202(a)(v).

(c) Any person failing to obey an order of any peace officer to immediately desist from conduct in violation of subsection (a) of this section is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

(d) Any organization or association which counsels or solicits its members or others to violate subsection (a) of this section is guilty of a misdemeanor punishable by a fine of not more than ten thousand dollars ($10,000.00). Each subsequent violation of this subsection shall be punishable by a fine of not more than fifty thousand dollars ($50,000.00).

(e) In addition to penalties imposed under this section, any person who has suffered injury by reason of the conduct of any person violating this section is entitled to recover damages in a civil action. Actual damages recoverable may include, but are not limited to expenditures for licenses, travel, outfitters and guides and special equipment and supplies to the extent the expenditures are rendered futile by the person's conduct in violation of this section. If the trier of fact finds that the unlawful conduct was malicious, it may award punitive damage to the injured party.

(f) Upon petition to the district court by any affected party and upon a showing that conduct in violation of this section is threatened or has occurred and under similar circumstances would likely reoccur, the court may enjoin conduct which would be in violation of this section.

(g) This section shall:

(i) Not apply to any land lessee, permittee or any employee thereof engaged in the performance of work-related activities;

(ii) Not apply to any landowner or his agent engaged in any activity on his own private property.

(h) As used in subsection (a) of this section, “process of lawfully taking” means travel, camping and other acts preparatory to taking wildlife if occurring on lands or water upon which the affected person may legally take the wildlife.

CREDIT(S)

Laws 1991, ch. 41, § 1; Laws 1997, ch. 30, § 1, eff. July 1, 1997; Laws 2007, ch. 62, § 1, eff. July 1, 2007.

 

§ 23-3-406. Attempting to take simulated wildlife decoy; penalty

(a) No person shall discharge a firearm or other hunting implement at a simulated wildlife decoy in violation of any law or regulation with respect to the hunting or taking of the wildlife being simulated when the decoy is being used by a certified peace officer.

(b) As used in this section, “decoy” does not include a simulation that possesses extraordinary characteristics unusual for a typical member of the wildlife species being simulated.

(c) Upon conviction for violation of this section, the penalty shall be the same as prescribed for the unlawful taking of the actual wildlife being simulated excluding penalties provided under W.S. 23-3-102(d).

CREDIT(S)

Laws 1995, ch. 86, § 1, eff. July 1, 1995.

 

§ 23-3-407. Remote hunting prohibited

(a) No person shall operate, provide, sell or use or offer to operate, provide, sell or use any computer software or service that allows a person, not physically present, to remotely control a firearm or weapon to hunt any live wildlife or animal.

(b) A violation of subsection (a) of this section constitutes a low misdemeanor punishable as provided in W.S. 23-6-202(a)(v).

CREDIT(S)

Laws 2009, ch. 79, § 1, eff. July 1, 2009.

 

 



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