Statutes / Laws

Navigation

Full Site Search

Loading...

The navigation select boxes below will direct you to the selected page when you hit enter.

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
Share |
Wyoming

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

Statute Details
Printable Version
Citation: WY ST 23-5-101 - 110

Citation: W. S. 1977 23-5-101 - 110


Last Checked by Web Center Staff: 09/2013

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.


Statute in Full:

 

§ 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. Special bird license; fee; license not required of commercial purchasers

§ 23-5-110. Season required; exceptions

 

 

§ 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.

CREDIT(S)

Laws 1961, ch. 218, § 2; Laws 1973, ch. 249, § 1.

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. 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 of game birds a licensee may raise, possess, confine, transport or dispose of in accordance with the provisions of this chapter.

CREDIT(S)

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.

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 expires on April 1 of each year, but may be renewed each year in the discretion of the department upon the payment of the proper fee.

CREDIT(S)

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

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. The licensee shall not shoot or kill over ninety-six percent (96%) of the birds reared or released on his premises.

CREDIT(S)

Laws 1961, ch. 218, § 6; Laws 1973, ch. 249, § 1.

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 as required under this act or a special bird license; 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.

CREDIT(S)

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

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

 

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

All game bird farm licensees are authorized selling agents of the commission, may issue a special 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. Special bird licenses are valid for a period of three (3) days from the date of issuance and valid for use only on the premises of the licensee selling the license. The appropriate fee for the special 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.

CREDIT(S)

Laws 1961, ch. 218, § 10; Laws 1973, ch. 249, § 1.

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.

 



Top of Page
Share |