2011 Wyoming Statutes
TITLE 23 - GAME AND FISH
CHAPTER 1 - ADMINISTRATION
23-1-109. State management of gray wolves.

(a) Subject to subsections (b) and (c) of this section, this section shall become effective after the date that gray wolves are removed from the list of experimental nonessential population, endangered species or threatened species in Wyoming, and Wyoming has legal right to exercise full and continuous management authority over gray wolves in the entire state of Wyoming subject only to federal preemption.

(b) This section shall not become effective until such time all claims in U.S. District Court Docket No. 06CV-245J, brought by the state of Wyoming concerning laws passed by the Wyoming legislature and found at 2003 Wyoming Session Laws, Chapter 115, have been resolved by a final order issued by the federal district court for the district of Wyoming and that order is no longer subject to potential or ongoing appeal to any federal appellate court with jurisdiction over the district court decision, or until such claims have been settled by the state of Wyoming and all federal agencies which may be party to that action.

(c) On and after February 29, 2008, this section shall not be effective if the United States fish and wildlife service has not:

(i) Published a final rule delisting gray wolves in the manner specified in W.S. 23-1-108 in the entire state of Wyoming; and

(ii) Either:

(A) Published a final rule modifying existing 10(j) rules, under 50 C.F.R. 17.84, governing management of wolves as an experimental nonessential population, which provides for management of wolves where predation is causing unacceptable impacts to wild ungulate herds and which addresses wolf-wild ungulate conflicts occurring at state operated feedgrounds; or

(B) Executed an agreement with the state of Wyoming which provides adequate protection for Wyoming's wild ungulates. The determination of adequate protection shall be made by certification of the governor as provided in subsection (f) of this section, if necessary to determine whether this section is effective. In making the determination of adequate protection the governor shall consult with the Wyoming game and fish commission.

(d) For purposes of this section, a wild ungulate herd may be experiencing unacceptable impacts from wolf predation where the herd has declined below population objectives or is in danger of doing so and:

(i) The wild ungulate herd in question is located within at least a portion of the home range of a documented wolf pack;

(ii) The annual report of wolf population published by the United States fish and wildlife service provides, or the game and fish department has documented, that at least fifteen (15) breeding pairs exist in the designated trophy game area specified in W.S. 23-1-101(a)(xii)(B)(I) and all national parks within the boundaries of Wyoming; and

(iii) The department determines that wolf predation is having an impact on the recruitment rate of the affected wild ungulate herd and the governor certifies that determination as provided in subsection (f) of this section, if necessary to determine whether this section is effective.

(e) For purposes of this section, wolf-wild ungulate conflicts occurring at state operated feedgrounds shall include any situations in which wolves:

(i) Cause wild ungulates to move from those feedgrounds;

(ii) Cause a mixing of livestock and wild ungulates; or

(iii) Cause wild ungulates to pose extraordinary safety hazards on state public roadways.

(f) The governor shall certify to the secretary of state the occurrence of any acts which affect whether this section is effective. The effective date or dates of this section shall be determined upon the date each such certification is made and filed with the secretary of state.