![[Top]](/images/nav-top.gif)
![[Back]](/images/nav-back.gif)
![[Home]](/images/nav-home.gif)
November 29 and 30, 2004
Wyoming Oil and Gas Conservation Commission
Casper, Wyoming
Senator Delaine Roberts, Co-Chairman
Representative Mike Baker, Co-Chairman
Senator Tex Boggs
Senator Bruce Burns
Senator Keith Goodenough
Senator John Hanes
Representative Dave Edwards
Representative Steve Harshman
Representative Jerry Iekel
Representative George McMurtrey
Representative Layton Morgan
Representative Mick Powers
Representative Jim Slater
Representative Bill Thompson
Other
Legislators Present
Senator John Schiffer
Representative Pat Childers
Representative Mary Gilmore
Dave Gruver, Assistant Director
Please refer to
Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.
Co-Chairman Baker called the meeting to order at 8:30 a.m.. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.
Representative Iekel moved the minutes from the November 8 and 9 meeting be approved. The motion passed.
Funding for state parks and historic sites
Phil Noble, director, Pat Green, Linda Jones and Todd Thibodeau from the department of state parks and cultural resources addressed the Committee by teleconference. Mr. Noble explained 05 LSO 0185.W2. (Appendix 3) The draft would provide that fees received by the Department from leases and concessions would be deposited in a separate account for use by the Department.
Senator Burns moved the bill be sponsored as a Committee bill. The motion was seconded by Representative Thompson. The following actions were taken:
Senator Roberts moved page 1-line 14 strike "in consultation with" and insert "with the approval of". Passed.
Senator Boggs moved page 1-line 4 to delete "providing a continuous appropriation of funds". Passed.
The main motion passed as amended - 12-0. With Senator Goodenough and Representative McMurtrey absent.
Site
Criteria
Mr. Thibodeau explained the application of the site criteria to intermittent springs in Afton and the Hamms Fork sites for potential designation as a state park. The intermittent springs proponents withdrew that proposal. The Hamms Fork site proponents had submitted additional materials showing additional support for the site as a state park. The team had scored that site in the medium designation range.
Mr. Noble explained that the State Parks and Cultural Resources Commission took the position that no additional state parks should be added until the issue of funding maintenance at existing state parks had been addressed. The Department has not determined what their recommendation will be at this time on the Hamm's Fork proposal but it is leaning toward the recommendation of the Commission. Senator Burns noted that the composition of the site criteria team contained inherent conflicts and while the criteria was good, the ultimate question as to whether the site should be a state park was not presented to the team. He suggested modification to the criteria. Mr. Noble agreed that the composition of the site criteria teams and the process itself can be fine tuned.
The Committee took no action.
Mr. Thibodeau stated that the Department has received a proposal for the Vore Buffalo jump and will be attempting to complete a site criteria before the next legislative session. The Committee discussed the possibility of the site being a state park or being developed further with some members suggesting that the proposal might be rushed to review it before this session. The issues of the site being on private land, development needed and distance were all mentioned as considerations.
Mr. Noble stated that the Department would take the comments of the Committee into consideration and address the site criteria accordingly. Mr. Green stated that there was sufficient funding to finish the Vore site criteria review and one additional review for the current biennium.
Territorial state prison park
Mr. Green reviewed the status of the Department managing the territorial prison. The Department is ahead of schedule in his view in assuming management of the prison state park. He had no suggestions for additional statutory changes needed to complete the transition. There is $4.1 million in deferred and critical maintenance at the park, which is part of the $29 million in the appropriation bill being sponsored by the Committee. Attendance and income in comparison to past years were down, but Mr. Green noted that the horse barn theater was not operating this past year as it had in the past. The entrance fees have been lowered from previous years. Senator Boggs asked for an income and attendance comparison from this past year to the previous years. Regarding the U.S. Marshal's exhibit; the Department is awaiting the federal agency's development of criteria necessary to display the exhibit. Cochairman Roberts stated that the Department needs to actively pursue the U.S. Marshal's display and asked for a written report on the status of the issue.
Care and management of state
collections
Mr. Noble explained that since the Committee meeting at which the proposal to fund a study of needs for state collections, the Department met with the State Building Commission and the Commission recommended that the study could be conducted for $100,000, rather than the $150,000 in the draft bill, 05 LSO 0181.W2. (Appendix 4) That amount will be in the supplemental budget draft request.
Mr. Noble stated that the $150,000 amount included $100,000 for a museum/archive consultant and $50,000 for an architect. He noted the state library has requested not to be included in the study. In response to a committee questions Mr. Noble stated that he would ask the department of administration and information why the suggestion was being made to exclude the state library from the study. Senator Hanes noted that the issue of the state library is being discussed in the context of the placement of the state library and the renovation of the Supreme Court building.
Representative Powers suggested that any study should include provisions to ensure that items donated can remain in the locality of the person donating the items, rather than being placed in Cheyenne. Committee members expressed concern that many items being stored would never be placed before the public and that there should be consideration as to what items are being collected. Mr. Reese stated that the Department is reviewing that issue and is developing policies to make collections more available locally.
The Committee discussed the need for the draft bill and the need for a consultant. Mr. Noble agreed that the budget bill process should be used rather than the separate bill. Senator Boggs requested that Mr. Noble communicate with Mr. Cathcart to determine if the necessary architectural expertise exists on Mr. Cathcart's staff to address the issues in the draft bill. Senator Boggs also requested that the Department contact an architect with the skills needed for this type of study and receive an estimate of that potential cost before the Legislature convenes. Senator Boggs questioned whether the Department has expertise to conduct the study. Mr. Noble stated that the Department does not.
Senator Burns moved to table the draft bill 05 LSO 0181.W2. The motion was seconded by Senator Boggs and passed 13-0. (Senator Goodenough was absent.)
Snowmobile trails
Greg Bischoff, snowmobile trails manager, addressed 05 LSO 0281.W1. (Appendix 5) The bill draft would increase fees by $10 for residents and non-residents and by $25 for commercial snowmobiles. Greg Hill of the snowmobile association supported the proposal.
Senator Boggs noted that the current statutes seem in conflict in regard to commercial snowmobiles and the exemption for snowmobiles used solely for business.
Representative Edwards moved the bill be sponsored as a Committee bill. The motion passed 13-0. (Senator Goodenough was absent.)
The Committee next considered 05 LSO 0319.W4, (appendix 6), which would provide $30,000 for a study of the amount of gasoline used by snowmobiles in Wyoming. The Committee discussed the need for the study in light of a 2001 study. The Department suggested there was no need for a new study. Senator Roberts moved that the Committee sponsor the bill. The motion failed 0-13. (Senator Goodenough was absent.)
The Department inquired as to who would be drafting legislation to implement the change in the gas tax distribution for additional funds to the snowmobile trails program. Cochairman Baker stated that the bill would need to be carried by an individual sponsor in order to be presented in the upcoming legislative session.
BINGO
Cochairman Baker addressed the Committee and the proposed legislation regarding the bingo issue. (05 LSO 0284.W1) (Appendix 7) He stated that the bill restricts bingo to the game as it was being played when the bingo exception was initially enacted. The bill would require bingo to be played on a card, using persons announcing the numbers drawn, with other restrictions such as local governments being able to restrict or prohibit bingo games and restrictions on amounts played. He pointed out that the current provisions of the law allowing raffles and pull tabs to be conducted are not affected by the bill.
Senator Hanes questioned the effect the bill would have on the gambling authorized on the reservation. He also questioned the effect the bill would have on internet bingo activities. Other discussion addressed other alternatives to regulating the activities.
Terry Armitage, Senior Assistant Attorney General, suggested that the bill stops short on regulatory oversight. He suggested that some licensing entity should be created to oversee the activities. Without that regulatory oversight the amount of bingo being conducted would not be known. He believed that additional regulatory entities could be created to license the activity, and that the additional requirements would require additional personnel. He further suggested that the requirement for using cards or boards should be made more explicit to state that only paper cards or boards may be used. In his view the current draft was ambiguous enough that some might be able to argue electronic bingo is still permitted.
Robert Crosby, Casper Eagles Club, testified that the top prize allowed in the bill draft is lower than his organization currently provides. His organization made $17,000 in gross profit from electronic bingo in its first year of operation. The second year was $129,000. The current year is about $153,000. The Club donated considerable sums to charitable causes. Without electronic bingo the Club would not be receiving nearly as many funds and thus would not be giving as much to charities. Non-electronic bingo produces only a few hundred dollars per week in revenues to the Club.
Steve Cranfill, attorney representing a number of organizations and a supplier of electronic bingo machines, testified that he did not understand the bill draft to allow electronic bingo. He is attempting to coordinate the requests for financial information made by the Committee in the previous meeting. Rough estimates were that of all monies wagered on bingo 70 to 75% is returned to the players. Of the remainder, the amount is split with the supplier anywhere from 60 – 40% to 50-50%; with the nonprofit organization being the entity that determines how much money is sent on for benevolent purposes.
Paul Perez, Dreamgames, testified that the average amount returned to players is about 60% but it could go as high as 70 to 75%. The average split of the amount not returned is usually 50% to the nonprofit and 50% to his organization for supplying the games to the nonprofit. He believed that with the advent of casino gambling on the reservation nonprofit bingo will be a thing of the past. Mr. Perez furnishes his machines to approximately 32 sites in Wyoming. There are 4 or 5 electronic bingo suppliers acting in the state. The average payout in the 32 locations he operates in is about 65% over a one year period. As to the proposed bill, he stated that the definition of nonprofit should not be limited beyond legitimate nonprofit organizations. Overall the bill does not regulate the activity into the future, but instead goes back thirty years into the past. The bill should not eliminate electronic bingo, but should regulate it in an even handed fashion.
Richard Emond and Don Rissler, addressed the Committee. They provided a proposed draft alternative. (Appendix 8). The concept of the bill they presented is to allow electronic bingo games to continue to be played and used by nonprofit organizations to produce revenue. Mr. Emond reviewed the bill for the Committee. He stated that the pari-mutuel commission would be willing to take on the additional regulatory authority over bingo. Mr. Rissler suggested that the deletion of the nonprofit designation in the draft bill should be restored. Their proposed bill would regulate bingo by licensing every organization in the state conducting bingo and by conducting background and other checks on persons supplying games to the organizations conducting the games. The regulating entity would be authorized to set fees to cover all its costs and could limit the hours and days of operation beyond those set in statute.
Mr. Rissler stated that regardless of how limiting the legislature makes the definition of bingo it will be very difficult to eliminate the ability of persons to develop electronic games that meet the restrictive definition. In his view the issue is whether the gambling will be regulated or not. He supports regulation of the game. Mr. Emond noted that his organization was not currently involved in operating bingo games.
Cochairman Baker moved 284.W1 be sponsored as a Committee bill. Representative Harshman seconded the motion. The following actions were taken:
Senator Burns moved to delete page 3-line 14 through page 4-line 4. Passed.
Representative Baker moved page 2-line 21 Insert "service" after "social". Passed.
Representative Harshman moved page 2-line 19 to delete "have been in operation" and insert a new paragraph requiring the entity to have IRS 501(c)(iii) status for 3 years. Failed.
Senator Boggs moved on page 4-line 23 – to insert the requirement that the governing body provide notice of the resolution prohibiting bingo at least 10 days before notice of the game and that if it fails to do so, the games may be conducted. The governing body may subsequently prohibit or restrict games with 10 days notice. Passed.
Senator Burns moved to delete page 4-lines 6 through 9. Passed.
Senator Boggs moved page 5-line 12 – To read "All income, compensation, winnings and money used to support a benevolent purpose shall be identified and reported separately." Passed.
Representative Edwards moved on page 5-line 11 to delete the "department of revenue" and insert the "pari-mutuel commission". Passed.
Senator Burns moved page 5-lines 16 and 17 and lines 11 and 12 to delete "the division of criminal investigation" and to include the pari-mutuel commission as a licensing entity. The motion was withdrawn.
Senator Burns moved to delete page 5-line 19 through page 6-line 2. Failed.
Representative Harshman moved page 5-line 19 "At least fifty percent of the sales shall be redeemed as winnings over the reporting period specified in paragraph (viii)." Passed.
Senator Boggs moved on page 6-line 1 Delete "sports". Passed.
Representative Baker moved page 7-line 15 Insert "paper or cardboard" after "a". Passed.
Senator Hanes moved page 7-line 21 Insert "randomly generated" after "any". Passed.
Senator Boggs moved page 7-line 20 After "thereof." Insert "The person conducting the game must be physically present in the room where the game is being conducted." The motion was withdrawn.
Representative Iekel moved page 7-line 20 to insert "physically present" after "person". Passed.
The main motion passed as amended 8-6. With Senators Roberts and Boggs and Representatives Baker,
Harshman, Iekel, McMurtrey, Powers and Slater voting "aye" and Senators Burns, Goodenough and Hanes and Representatives Edwards, Morgan and Thompson voting "no".
The Committee recessed at 5:00 p.m.
Entering
private property to hunt and fish
Jim Magagna, Wyoming Stockgrower's Association, addressed 05 LSO 0323.W2. (Appendix 9) He testified that the criminal trespass statutes prohibit the crossing at corners of sections of public lands where the public lands are part of the checkerboard situation. Recent district court and attorney general rulings have interpreted game and fish laws to not prohibit such crossings while hunting and fishing. Mr. Magagna was proposing 05 LSO 323.W2 to prohibit crossing of public lands at points touching the boundaries of private lands.
Terry Cleveland, Director of Game and Fish and Scott Talbott, Game and Fish Department addressed the Committee. The Department supported the proposal. Mr. Talbott suggested that the language should be changed to state that no person shall "take wildlife", rather than "hunt, fish or trap". He also suggested that the statute be changed to reference private lands at all times, rather than private property.
Doug Cooper, rancher, spoke in support of the proposed legislation. He noted that many persons drive over private land and maintain they are not hunting and thus must be prosecuted under the criminal trespass statutes. It is difficult to prosecute under the criminal trespass statutes which require notification of the trespass. He noted precise identification of section corners is difficult.
Bob Wharff, executive director sportsmen for fish and wildlife, supported the draft. He did not advocate the closure of public lands, but wanted to ensure that the public was not misinformed regarding what can be done while hunting and fishing. He also did not wish to erode relationships between private landowners and the public.
The Committee took no action on the proposed bill draft.
Reporting
of contagious diseases
Mr. Magagna stated that the Agriculture Committee was sponsoring a bill that would require the development of a reportable disease list. He was seeking to include the game and fish department in the requirement for reporting for those wildlife which are susceptible to infecting domestic animals and vice versa. He would work with the game and fish department to include those provisions within the Agriculture Committee bill.
State
bird
Donna Wichers, Bates Hole-Shirley Basin Sage Grouse working group, asked that the Committee designate the sage grouse as the state bird. She provided written materials. Appendices 10-12.
Cochairman Roberts suggested that the meadowlark be designated the state songbird and the sage grouse could be designated the state game bird. Ms. Wichers stated that the group preferred the sole designation of the sage grouse as the state bird.
Senator Roberts moved that the Committee sponsor legislation under which the meadowlark would be designated as the state songbird of Wyoming. The sage grouse, the state game bird of Wyoming. The motion failed on a 7-7 vote. With Senators Roberts and Boggs and Representatives Baker, Edwards, Harshman, Slater and Thompson voting "aye". Senators Burns, Goodenough and Hanes and Representatives Iekel, McMurtrey, Morgan and Powers voting "no".
Wildlife
trust fund proposals.
LSO staff reviewed the draft bill 05 LSO 0216.W5 (appendix 13) and the chart accompanying the draft bill which identifies major issues of the bill and the three alternative proposals. (Appendix 14)
Chris Boswell, Chief of Staff for the Governor, spoke to differences in the proposals and the more important aspects of the Governor's proposal. Key aspects noted by Mr. Boswell included the prohibition on the exercise of eminent domain, the creation of a strong board and the intent to emphasize but not require public access to the projects funded. He also noted that there were constitutional concerns with both of the other proposals allowing grants to individuals. The Governor recommended funding to nonprofit and governmental organizations. The Governor's focus is on establishing the fund and the organization rather than an exact funding amount.
Mr. Magagna provided written points on the items he thought needed to be addressed. Those items highlighted were that there should not be annual legislative appropriations to the income account. He also proposed that there should be private sector board rather than the board appointed by current commission members. Mr. Magagna's written suggestions for changes are attached as appendix 15. He noted that none of the organizations he represented or was working with had taken a position supporting the concept. He was willing to work with the Governor's Office on the bill draft.
Cathy Purves, Wyoming Wildlife Federation, addressed the Committee. She noted that the current version was too liberal in what were allowable grants. Generally her organization was supportive of the bill draft, but had concerns with specific aspects of the various versions.
Doug Cooper, rancher, provided written testimony attached as appendix 16. He opposed any general funding of the game and fish department. He was also opposed to the bill as currently drafted. Overall he stated that the bill simply throws money at a complex issue.
Susie Scott Mullen, vice president of the Wyoming Community Foundation, urged that nonprofit organizations should be allowed to participate in the grant process. She recited benefits provided by nonprofit organizations, including representation of community interests. She provided appendix 17, setting forth the impact nonprofit organizations have in Wyoming.
Steve Wilson spoke in support of the draft bill, and specifically the Governor's strong board concept. He urged funding for all types of wildlife habitat and that the board should consist of citizens with interests in wildlife and not be drawn from the current boards.
Dru Bower, Petroleum Association of Wyoming, stated the Association has no official position at this time. Her organization had worked with Mr. Magagna's group in formulating the original proposal presented to the Committee in June. They do support the general funding of this proposal. They oppose any additional lands being purchased by the government under this bill.
Bob Wharff, executive director of sportsmen, fish and wildlife, stated his organization has not taken a position officially at this time. He indicated that the purpose should include maintaining the heritage of hunting and fishing as well as wildlife habitat. He noted that there is a broad base of support and encouraged the Committee to pass the bill draft, and work the specific issues out as the Committee works the bill.
Laura Houston, Wyoming Lodging and Restaurant Association, read a statement from the Association. (Appendix 18)
Blake Henning, Wyoming Rocky Mountain Elk Foundation, stated that his organization supported generally the Governor's proposal in the draft bill. He noted that the $100,000 limitation should be removed from the bill since conservation efforts are often more expensive than that amount. The focus should be on wildlife and wildlife enhancement.
Marion Loomis, Wyoming Mining Association, stated that his Association has not taken a position on the bill. Generally though he supported many of the positions espoused by Ms. Bower. He urged that the Committee maintain the ability of a private organization to submit grant applications as appears on page 11, line 10.
Senator Boggs moved the Committee sponsor the bill this session. The following actions were taken:
The Committee consensus was to include the definitions and conform as necessary to the substantive provisions adopted later.
Senator Boggs moved the short title be the Wyoming wildlife and natural resource funding act. Conforming amendments to be made by staff. Passed.
Senator Boggs moved to change the amounts for small projects to $500,000 from $100,000. Passed.
Senator Boggs moved to adopt all three concepts on page 4-lines 8 through 32, that the income account include interest, legislative appropriations and gifts and donations. The Legislative appropriations should be limited to a three year period. Passed.
Senator Boggs moved inclusion of page 5-lines 1 through 3 and 10 through 20. Passed.
Representative Harshman moved to add to page 5-line 3 "in order to allow and enhance mineral and industrial development". Failed.
Representative Iekel moved to include page 6-lines 4 through 7. Passed.
Senator Roberts moved to include page 6-line 44 through page 7-line 5 ending with "Wyoming". With the change reducing the board to 7 members. The Game and Fish Department Director and 6 others. The motion was amended to exclude the Game and Fish Director and simply have 7 members appointed by the governor/confirmed by the senate who are residents of Wyoming. Senator Burns moved that no more than four (4) board members shall be a member of the same political party. Senator Burns' motion passed. Senator Roberts' motion passed as amended.
Representative Edwards moved to include page 7-lines 27 through 33. Passed.
Senator Boggs moved to include page 8-lines 15 through 25 in concept to allow the governor's recommendation for a secretary and to prohibit housing in the game and fish or any agency which may be a grantee. Senator Boggs then limited the motion to include page 8-lines 15 and 17. Passed.
Representative Iekel moved to include page 8-lines 19 and 20. Passed.
Representative Edwards moved to include page 8-lines 22 through 25. Passed.
Representative Harshman moved to include page 8-lines 32 through 43. Passed with the deletion of "meet quarterly to".
Senator Boggs moved to include page 9-lines 1 and 2 with the board being required to adopt rules as necessary to carry out its duties under the act. Passed.
Representative Harshman moved to include page 9-lines 3 through 19. Passed.
Representative Harshman moved to include on page 9-line10 an additional statement "(F) Give consideration to multiple use activities;". Failed.
Senator Boggs moved to include page 10-lines 6 through 11. The motion passed. With the additional language of requiring reporting of the progress made toward the condition of any grant made.
Senator Boggs moved page 10-lines 18 through 25. With "shall" changed to "may". Passed.
Senator Boggs moved page 11-lines 15 through 25. Representative Harshman moved to required no net increase in the purchase of fee simple lands. This limitation would apply only to fee simple purchases, not to donations. The motion by Representative Harshman was withdrawn. LSO staff explained that the Constitutional prohibitions on donations and restrictions on appropriations were not limited to individuals, thus simply including nonprofit entities rather than individual as potential grant recipients does not mean that the entities will necessarily meet the Constitutional strictures. Senator Boggs' motion passed.
Senator Boggs moved page 11-lines 36-40 with the addition of the appropriations committee receiving the report. Passed.
Senator Boggs moved page 12-lines 13 through 30. Passed.
Senator Boggs moved page 12-lines 32-35 with a change to $75 million. Passed.
Senator Boggs moved to include an appropriation of $100,000 to fund staffing and per diem for FY 2006. Thereafter funding shall be from the interest within the income account. Passed.
Senator Boggs moved an effective date of July 1, 2005. Passed.
The Committee determined to take a post card ballot on the bill as redrafted.
Game and Fish funding
Mr. Cleveland and Bill Wichers, deputy director and Kathy Frank of the Game and Fish Department, addressed the Committee. Mr. Cleveland introduced Game and Fish Commission members, and Department staff. The Department proposed changes to the draft bill 05 LSO 283.W4. (Appendices 19 and 20).
Representative Powers moved the draft bill 05 LSO 0283.W4 be sponsored as a committee bill. The motion was seconded. The following amendments were made:
Representative Powers moved the proposed game and fish amendment to page 1-lines 10 and 11. Passed.
Representative Slater moved the proposed amendments to page 2-lines 14 and 15 and 20 through 22. Passed.
Senator Roberts moved to reduce all appropriations by fifty percent, equally distributed among the various programs. The motion was not seconded.
Senator Boggs moved to cut one half of the expansion programs and new programs from that proposed in the draft bill. The motion was withdrawn.
Representative Powers moved to cut the overall funding for new and expanded programs by fifty percent, but the department is to be given flexibility to implement the increase. The cuts are to be applied to both the funding for new and expanded programs and to authorize new employees. For existing programs the number of employees and dollar amounts are to be maintained. For expanded and new programs the reduced dollar amounts and employees are to be appropriated in a block amount, with the number of employees and funds for each program not specified. The motion passed.
Representative Iekel moved the proposed deletion on page 3-line 23 through page 4-line 8. Passed.
Senator Roberts moved the proposed change on page 7-line 6. Passed.
Representative Edwards moved the proposed changes on page 7-lines 9 through 11. Passed.
Senator Boggs moved that the department be allowed to allocate the funds for the new and expanded programs specified and to allow the commission to allocate the new positions. The new and expanded programs are to be specified. But the positions and funding (other than overall funding) will not be specified. Passed.
Senator Boggs moved that any one time expenditures remaining in the bill be purchased from existing funds of the Department. The motion was withdrawn and restated to reduce the appropriation for new and expanded programs by $545,000; after the first reduction by Representative Powers' earlier motion. Passed.
The main motion passed 8-6, with Senators Boggs, Burns, Hanes and Roberts and Representatives Harshman, Iekel, Powers and Slater voting "aye". Representatives Baker, Edwards, McMurtrey, Morgan and Thompson and Senator Goodenough voting no.
Capital funding expenditures of the Game and Fish department.
Mark Fowden, Game and Fish Department, addressed the status of the expenditure of funds appropriated for capital construction expenditures. The Legislature funded $4,075,000 for capital construction projects. The amount of funding on each project was reviewed. Four projects are being funded.
Grizzly
bear and wolf status report
John Emmerich, Game and Fish Department, addressed the issue of grizzly bear and wolf management. Mr. Emmerich provided a map to the Committee regarding the grizzly bear areas being proposed as potentially supporting grizzly bears. (Appendix 21) The outline of the area does not mean that the entire area will be habitat for grizzly bear management. The federal government is planning on adopting a final rule in 2005 to provide for state management. Assuming no litigation stays the final rule, state management could potentially occur as early as late 2005. If litigation is pursued and the rule is stayed, then the state management would be contingent on the litigation. The full management plan need not be in place before the state accepts management of the grizzly bear. The map also shows a core area in which most decisions will favor grizzly bears being maintained in the area. Outside of the core area but within the blue area on the map, the existence of the grizzly bear will be considered in the NEPA process. Outside of the outermost blue line, the management will be for very low grizzly bear population, since the population objectives are being met within the inner areas. That does not mean that no grizzly bears will be maintained outside the outer boundary. Mr. Emmerich reviewed the timelines being proposed and the public comment being gathered on the proposal. In response to Committee questions Mr. Emmerich stated that the Department was not moving grizzly bear into unoccupied territory. At the same time the state is developing its management plan, the forest service is developing a grizzly bear habitat plan.
Regarding wolf management the State has filed its final brief at the federal district court level. Other than the legal action, the State is not currently involved in wolf management. Mr. Emmerich provided a timeline for the litigation. If there is a determination by the district court judge that there is jurisdiction the State has argued that the Court has authority to order the federal agency to accept Wyoming's plan.
The Committee adjourned at 5:20 p.m.
Respectfully submitted,
Representative Mike Baker, Co-Chairman