(a)The legislature finds and declares that it is the
state's policy to vigorously defend its interests in maintaining
and enhancing viable livestock grazing operations on public
lands in conjunction with the conservation and maintenance of
healthy bighorn sheep populations in the state of Wyoming. These
two (2) policies are mutually compatible as demonstrated since
the adoption of the collaboratively developed Wyoming
bighorn/domestic sheep plan in 2004, which was codified into law
under W.S. 11-19-604 in 2015. The legislature further finds and
declares that:
(i)Reintroduction of bighorn sheep and management
action to protect existing populations of bighorn sheep on
federal public lands has been effectively accomplished in
conformance with the Wyoming bighorn/domestic sheep plan;
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(a) The legislature finds and declares that it is the
state's policy to vigorously defend its interests in maintaining
and enhancing viable livestock grazing operations on public
lands in conjunction with the conservation and maintenance of
healthy bighorn sheep populations in the state of Wyoming. These
two (2) policies are mutually compatible as demonstrated since
the adoption of the collaboratively developed Wyoming
bighorn/domestic sheep plan in 2004, which was codified into law
under W.S. 11-19-604 in 2015. The legislature further finds and
declares that:
(i) Reintroduction of bighorn sheep and management
action to protect existing populations of bighorn sheep on
federal public lands has been effectively accomplished in
conformance with the Wyoming bighorn/domestic sheep plan;
(ii) It is the policy of the state of Wyoming to
accept any risk of contact between bighorn sheep and livestock
in the vicinity of any bighorn sheep transplant or relocation
and to hold livestock producers harmless in the event such
contact occurs;
(iii) All wildlife in the state of Wyoming is the
property of the state, and it is the policy of the state to
provide an adequate and flexible system for control,
propagation, management, protection and regulation of all
Wyoming wildlife;
(iv) Any removal of bighorn sheep from the Sweetwater
Rocks herd unit under this act shall not be attributable to
domestic livestock grazing on federal bureau of land management
administered lands. Rather, the removal of bighorn sheep shall
be directly attributable to:
(A) Onerous federal regulation that unduly
impedes the state of Wyoming's ability to manage wildlife and
domestic livestock grazing in conformance with the Wyoming
bighorn/domestic sheep plan;
(B) Third-party action designed to use bighorn
sheep as a means of eliminating domestic livestock grazing on
bureau of land management administered lands within or in the
vicinity of the Sweetwater Rocks herd unit.
(v) The provisions of this section shall be enforced
by the state.
(b) In conformance with the Wyoming bighorn/domestic sheep
plan in W.S. 11-19-604 and pursuant to W.S. 23-1-103, the game
and fish department shall relocate or remove all bighorn sheep
from the Sweetwater Rocks herd unit if any federal judicial
action or federal agency action requires or indicates it may
require the following:
(i) The elimination, reduction or suspension of
domestic livestock grazing or trailing in the Sweetwater Rocks
herd unit; or
(ii) Any changes to a United States bureau of land
management resource management plan, grazing allotment plan or
livestock grazing permit terms and conditions due to the
presence of bighorn sheep in the Sweetwater Rocks herd unit or
grazing allotment in that vicinity that is not in a designated
bighorn sheep herd unit after July 1, 2024 without the consent
of the grazing permittee.
(c) Any relocation or removal of bighorn sheep from the
Sweetwater Rocks herd unit required by subsection (b) of this
section shall commence as soon as practicable but not later than
six (6) months after the Wyoming department of agriculture
certifies to the governor that a condition specified in
subsection (b) of this section is met. The governor shall notify
the game and fish department that the removal of bighorn sheep
from the Sweetwater Rocks herd unit shall commence in accordance
with this section.
(d) The game and fish department shall be responsible for
the expedient removal of bighorn sheep that stray outside the
Sweetwater Rocks herd unit if that straying or foray is not into
another designated bighorn sheep herd unit.
(e) The state and its agencies shall coordinate and assist
the Wyoming congressional delegation in pursuing changes to
federal law, rules and policies in order to bring them into
conformance with the policies and findings of the Wyoming
bighorn/domestic sheep plan created under W.S. 11-19-604.
(f) The Wyoming game and fish department shall not seek to
change, alter or otherwise affect changes to domestic livestock
grazing authorization on public and state lands due to the
presence of bighorn sheep in the Sweetwater Rocks herd unit or
grazing allotments in that vicinity that are not within an
existing bighorn sheep herd unit.
(g) The game and fish department shall be reimbursed for
the costs of relocation or removal of bighorn sheep pursuant to
subsection (b) of this section from any available funds in the
wildlife/livestock disease research partnership account created
by W.S. 11-19-603.
(h) With the approval of the governor, the attorney
general shall seek to intervene in any lawsuit if a federal
action is contrary to the state's policy regarding Wyoming
bighorn/domestic sheep set forth in subsections (a) and (b) of
this section or that is inconsistent with the Wyoming
bighorn/domestic sheep plan.
(j) With the approval of the governor, the attorney
general shall file an action against any federal agency to stop
the enforcement, administration or implementation of any federal
agency rule, instructional memo, handbook or other action taken
by a federal agency if the rule, instructional memo, handbook or
other action is contrary to the Wyoming bighorn/domestic sheep
plan or is otherwise contrary to law.