2003                   STATE OF WYOMING           03LSO-0364W1

 BILL NO 

 

Exclusive Jurisdiction over Wildlife Act

Sponsored by:  We need as many sponsors as possible to

make a political statement!!  Please contact Sen. Delaine Roberts to sign on.

A BILL  for

An Act declaring that Wyoming has exclusive jurisdiction and management of all wildlife within its geographical boundaries.

 

Whereas;

1. State law, Wyoming Statutes: 23-1-03.  Ownership of wildlife;  declares; " . . .all wildlife in Wyoming is the property of the state.",  And Whereas

2.  In Pollard v Hagen the Supreme Court stated  "No principle is more familiar than this, that whilst a state has granted a portion of its sovereign power to the United States, it remains in the enjoyment of all the sovereignty which it has not voluntarily parted with,  And Whereas

3.  Wyoming has never voluntarily parted with jurisdiction over the wildlife within its state boundaries,  And Whereas

4.  In New York v. United States (1992) Supreme Court Justice O'Conner said "It is in this sense that the Tenth Amendment states but a truism that all is retained [by the states] which has not been surrendered [to the federal government],  And Whereas

5.  Wyoming has never surrendered its control and ownership of wildlife to the United States Government or to any federal agency,  And Whereas

6.  The Wyoming Legislature is in possession of extensive documentation consisting of U.S. Supreme Court rulings, government research reports, Constitutional limitations, and other evidence which proves conclusively that federal jurisdiction within Wyoming is limited to those areas where the Wyoming Legislature, by specific legislation, has ceded jurisdiction to the federal government and the federal government officially accepts that jurisdiction,  And Whereas

7.  The existing wolf population, which was introduced by the federal government over the objections of the Wyoming Legislature, is officially designated as "non-essential experimental",  And Whereas

8.  This "non-essential experimental" wolf population is having a detrimental effect on Wyoming's wildlife, livestock, and economy,

Therefore, be it resolved

9.  The State of Wyoming officially declares the wolf experiment to be a failure and is most assuredly non-essential,  And be it Resolved

10.  Upon passage and enactment of this bill, the state of Wyoming will immediately begin exclusive management of all species of wildlife, including wolves, within the geographical boundaries of Wyoming excepting Yellowstone National Park,  And be it Resolved

11. Wyoming specifically prohibits any officer or employee of any federal agency from attempting to manage wildlife or from interfering with wildlife management by the state of Wyoming.  Wyoming hereby instructs Wyoming County Sheriffs to enforce this act, according to US District Court decision (case No 2:96-cv-099-J) which states;  "Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official.",  And be it resolved

12. The U.S. Fish and Wildlife Service (USFWS), being responsible for the presence of wolves in Wyoming, is hereby made financially responsible for any and all damages to livestock, pets, and other property belonging to inhabitants of Wyoming, and must reimburse Wyoming inhabitants for losses at fair value,  And be it resolved

13.  Wyoming holds the USFWS responsible for losses and damages to game animals and other wildlife belonging to the State of Wyoming, as per Wyoming Statute 23-1-03 as quoted above, and must reimburse the Wyoming Game and Fish Department for each loss according to the value as set by the courts in preceding reimbursement cases.  Losses will be determined by the shortfall in cow:calf ratios on big game species and over-all population levels as compared to ten-year historical pre-wolf levels, as will be determined by the Game & Fish Department,  And be it resolved

14.  Immediately upon enactment Wyoming demands and requires the US Fish and Wildlife Service to immediately begin to remove the "experimental non-essential" wolf population from Wyoming at federal government expense.  Wyoming will allow two years for USFWS to complete the task.  At the end of two years from the date of enactment the USFWS will be fined by the State of Wyoming $10,000 per day until the Wyoming Game and Fish Department verifies that all wolves have been removed from the state,  And be it Resolved

15.   The US Fish and Wildlife Service will pay a fine of $1,000 for each wolf killed or removed by any person or organization other than FWS, $500 of which will go to the state of Wyoming Game and Fish Department for reimbursement and the remaining $500 will go to the removing individual or organization.  And be it Resolved

16.  The state of Wyoming urges the general public to assist in removal of wolves from Wyoming by any lethal or non-lethal means,  And be it Resolved

17. Wyoming specifically prohibits any federal agency, federal employee, or any other individual or group from prosecuting, intimidating, or harassing any individual or organization who is assisting in removal of the wolf.

 

This act is in effect upon passage by both houses and signature by the Governor.

 

This draft bill compiled by Maury Jones, Box 117, Grover, Wyoming  (307)886-3356  Submitted to LSO by Senator Delaine Roberts and assigned a Ref. number by LSO.