Wyoming Considers Predator Legislation
By Cat Urbigkit
In wake of last winter’s incident in which a man took a live injured wolf into a rural bar in western Wyoming before taking it outside and killing it, that incident is still on the minds of Wyoming lawmakers.
There was intense public backlash when the man, Cody Roberts, was issued a ticket by a game warden for illegal possession of a live wild animal and Roberts forfeited the $250 penalty in lieu of appearing before a judge. Some felt that Roberts should have been charged for animal abuse, voicing outrage to his parading the animal in a bar as well as the allegation that he ran over and injured the wolf using a snowmachine. While there is video of the wolf in the bar, whether it was run over with a snowmachine has not been legally established.
The incident served to highlight a seeming gap in implementing laws regarding wildlife and animal cruelty in Wyoming. While the Wyoming Game and Fish Department (WG&F) has jurisdiction over wolves in northwestern Wyoming where they are classified as a trophy game animal, in most of the state wolves are classified as “predatory animals” where the state wildlife agency has no jurisdiction for these species.
Where wolves are classified as predatory animals, they share that status with coyotes, porcupines, jackrabbits, raccoons, red foxes, skunks, and stray cats. All these predatory animals may be taken at any time and any manner in Wyoming, with no license required.
The Wyoming Legislature has struggled to figure out if and how to fill the gap that would prohibit these incidents from reoccurring. Enforcement of general animal abuse laws are outside of the purview of game wardens, as are predatory animals.
The 68th session of the Wyoming Legislature is now in session and here’s a rundown of the bills related to predators that have been filed thus far.
HB003 would change Wyoming’s animal abuse laws to include provisions that protect predatory animals from cruelty. This bill, sponsored by the Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee, would define cruelty to include any person who intentionally injures or disables a predatory animal using a vehicle of any kind, including snowmachines. The bill requires that person immediately use all reasonable efforts to kill the injured or disabled animal, and failure to do so would be considered animal cruelty. A violator with a first-offense conviction would be subject to a misdemeanor punishable by revocation of any wildlife license for up to three years, imprisonment for up to six months, a fine of up to $1,000, and possible impoundment and forfeiture of any equipment used in the violation.
House Bill 275 would have made the state’s animal cruelty laws apply to all living wildlife, with felony charges for anyone who “knowingly and with intent to cause undue suffering, tortures, torments or mutilates” any living wildlife “after reducing the living wildlife to possession.” This possession exempts the immediate killing or release of an animal in a trap.
The draft bill was heard by the House Travel, Recreation, Wildlife & Cultural Resources Committee on Tuesday, with the committee agreeing to a tiered system of penalties, with first offense a misdemeanor punishable by up to six months in jail and fines of up to $5,000, with a second offense a felony, resulting in a wide range of punishments.
Animal advocates complained that the original bill doesn’t go as far as it should – including one of the bill’s sponsors, Representative Mike Schmid (R-LaBarge) who also represents the Daniel area. He said the bill “doesn’t go quite far enough” and that he would also like to prohibit “the use of vehicles as weapons.”
In contrast, Wyoming Stock Growers Association executive Jim Magagna and Brett Moline of the Wyoming Farm Bureau Federation argued for the misdemeanor charge for first offense and felony charges for a subsequent offense. They noted that the proposed felony charge includes severe punishments as well as loss of voting rights and the right to possess firearms. Wyoming Wool Growers Association executive Alison Crane agreed with the tiered approach to penalties, but said the bill needs further amendments to ensure it will not cause unintended consequences on what should remain legal activities.
As the committee ran out of time in its public hearing Tuesday, Representative Steve Harshman (R-Casper) said he anticipates that legislators will continue amending and revising the bill on the House floor.
House Bill 286 would take mountain lion management away from the Wyoming Game & Fish Department by mandating year-long mountain lion seasons and prohibiting the state wildlife commission from establishing hunt areas, quotas, mortality limits, bag limits, or hunting hours. It would also authorize the use of traps and snares to kill mountain lions – an action not currently allowed in the state. One of the bill’s sponsors suggests that he would like to reduce the mountain lion population so that mule deer herds could rebound, but the bill faces considerable opposition from sportsmen.
Currently, WG&F holds public meetings to gather public input before its commission meets to set annual hunting seasons, hunt areas and quotas. If this bill passes, the state wildlife agency would be prohibited from those activities. The bill would also allow Wyoming residents with a deer, antelope or elk license to kill a lion without a permit.
Senate File 170 appears to be legislative backlash to the U.S. Fish & Wildlife Service’s recent decision that grizzly bears in the Yellowstone ecosystem will remain under federal protection. This bill would prohibit WG&F from engaging in grizzly bear management activities until grizzlies are removed from federal protection but makes a narrow exception for some actions for “public safety and welfare.” If enacted, this bill is expected to negatively impact cattle producers in the Upper Green region of Sublette County where annual calf losses to grizzlies are typically in the 10-15% range. WG&F routinely works to verify livestock losses, remove depredating grizzly bears, and provide compensation for livestock losses. Cattle ranchers are concerned that without the involvement of state wildlife officials in managing grizzlies and monitoring them, it would be difficult for federal officials to set “take” limits on bear mortality, leading to an effort to eliminate cattle rather than control problematic bears on federal grazing allotments.
House Bill 151, sponsored by freshman Representative Jayme Lien (R-Natrona County), would impose nine-year limits on livestock owners serving on county predator boards and would have county commissioners appoint two directors to these boards, up from the current one appointment made by county commissions. This bill is expected to be opposed by county predator boards since such volunteer boards often struggle to fill vacancies. Under current law, each board includes three sheep producers, and three cattle producers, one commission-appointed seat, and three sportsmen and hunters that are also appointed by the county commission. These boards are funded through predator fees paid during livestock brand inspections and most also receive state grant funding for their animal damage control activities.
