§ 23-1-305 — Closure of elk feedgrounds; alternative feeding sites; reporting requirement

Wyoming § 23-1-305

• Jurisdiction: Wyoming
• Title 23: Game and Fish
• Ch. 1: ADMINISTRATION
• Art. 3: GENERAL POWERS AND DUTIES OF THE COMMISSION

Text

(a) Except as authorized by subsection (b) of this
section, any elk feedground authorized or administered by the
commission as of July 1, 2021 and in accordance with W.S. 23-1-
302(a)(ix), shall only permanently cease operations or be
subject to closure by the department or commission upon a
recommendation for a feedground closure by the commission and
subsequent order of the governor. Any closure order issued by
the governor shall only be valid and lawful upon satisfaction of
the following conditions:
(i) The commission shall provide its recommendation
to the governor for the closure of the elk feedground and
concurrently to the Wyoming livestock board. Upon receipt of the
commission's recommendation, the board shall provide its opinion
to the governor on whether the board believes the closure of the
elk feedground is appropriate;
(ii) The commission, in consultation with the Wyoming
livestock board, shall conduct not less than one (1) public
meeting in a location that is reasonably calculated to foster
the most public participation by the people directly impacted by
the proposed closure and by other vested stakeholders. The
public meeting shall be held after the commission and the board
have acted as required under paragraph (i) of this subsection.
The commission shall compile the comments received as a result
of the public meeting and provide those comments to the governor
for the governor's consideration on whether to issue an elk
feedground closure order.
(b) Any elk feedground authorized or administered by the
commission may be temporarily closed by order of the governor
due to emergency circumstances for a period not to exceed six
(6) months after which the feedground shall only remain closed
in accordance with subsection (a) of this section.
(c) The commission is authorized to contract or lease
private lands or lands owned by the state for the purpose of
relocating an elk feedground authorized or administered under
W.S. 23-1-302(a)(ix), which would otherwise be subject to
closure under this section.
(d) For any elk feedground authorized or administered
under W.S. 23-1-302(a)(ix), which utilizes federal public lands,
the department shall report to the joint travel, recreation,
wildlife and cultural resources interim committee upon the
department receiving notice that the federal authorization
permitting the use of the federal public lands will not be
reissued or will be revoked. The report required by this
subsection shall include draft contingency plans, including
associated costs with implementing the plans, identifying any
appropriate private lands, lands owned by the commission or
lands otherwise owned or under the authority of the state of
Wyoming for the purpose of supplementing or relocating the
feedground operation that is affected by the expiration of any
federal public land authorization. The office of state lands and
investments shall cooperate with the commission in identifying
any alternative feedground sites consistent with this section.
(e) Nothing in this section shall be construed to prohibit
the department from continuing to administer authorized elk
feedground operations, including:
(i) Commencing and ending annual elk feedground
operations on dates determined by the department; and
(ii) Conducting emergency elk feeding operations when
deemed necessary by the department.