Earlier this year, with your help, Wyoming BHA helped to defeat HB60 in the legislature. Our efforts were aimed at protecting the investment of hunter and angler dollars from a significantly expanded damages program that would incentivize wildlife to consolidate on private lands without any corresponding increase in public access. Unfortunately, in July we saw this game damages plan renewed by the Game & Fish Department through a regulation change, despite the overwhelming negative response from the hunting community: WY BHA Seeks to Protect Our Investments in Wildlife Management - Backcountry Hunters and Anglers

In response, on August 6th, the Wyoming Chapter submitted the following comments to the Wyoming Game & Fish Department:

On behalf of the Wyoming Chapter of Backcountry Hunters & Anglers: Comments on the proposed administrative rule change to CH 28, Draft 06.12.2024.10

The Wyoming Chapter of Backcountry Hunters & Anglers represents a grassroots membership across the state of Wyoming deeply invested in preserving, protecting, and expanding the opportunities afforded to Wyoming’s sportsmen and women. The Chapter has fought for both public land access and protecting private land rights, and opposed HB 60, Excess wildlife population damage amendments, in the 2024 Legislative Session. We similarly oppose these proposed rules for the reasons outlined below. We appreciate the opportunity to comment and look forward to working with the Commission to find a path forward.

1. Issue 1: The Game and Fish Commission is going above its statutory authority in proposing an expanded definition beyond what is in statute.
   1. “Rangeland” is clearly outside the statutorily authorized damages program. While W.S. § 23-1-302 (a)(xxii) allows for the promulgation of rules, it only allows for the promulgation of rules within the confines of what is authorized, as is true for any administrative agency. Allowing any administrative agency the ability to expand programs beyond what is authorized by the Legislature opens the door to administrative overreach.
2. Issue 2: The proposed regulations set an impossible bar for verification for “extraordinary damages” in the new subsection (iii).
   1. Comments made during the discussion of HB 60 made it clear verifying 15% damages on rangeland will be nearly impossible for Game and Fish staff.
   2. Additionally, setting two different standards for the threshold of damages defies logic; why “extraordinary damage” would occur at 15% of estimated annual forage when populations are over objective, but at 30% when populations are at objective, is unclear. The amount of forage consumed, not the population level of wildlife, would presumably dictate damages under a regular program of damage compensation.
3. Issue 3: The inclusion of rangelands for which populations are not over objective sets up Wyoming’s sportsmen and women to be paying landowners for merely owning or leasing land. As discussed in the recent Montana ruling, the simple reality is that landowners in our state must accept that wildlife exists on the land. Wyoming’s sportsmen and women should not be obligated to pay landowners for owning land upon which they have made no improvements simply because of the existence of wildlife on that land.
4. Issue 4: The proposed regulations incentivize poor wildlife management practices.
   1. The regulations encourage over-population by incentivizing landowners to keep herds over population. If landowners are going to be paid for rangeland damages, when there is no requirement they have made improvements on that land or that the land is used for any economic purpose, they have no incentive to work with Game and Fish and hunters to reduce population levels.
   2. The proposed regulation discourages landowners from allowing public hunting, ensuring they’ll get paid for overpopulation, setting up a system in which Game and Fish cannot properly regulate herd sizes because landowners will not allow hunters to regulate herds. This goes against the North American Model of Wildlife Conservation.

In addition to the substantive comments above, the Wyoming Chapter of Backcountry Hunters & Anglers would ask Game and Fish and the Commission to provide more information regarding the impact of these regulations:

1. How many landowners are currently impacted by overpopulated herds, and how many additional landowners not currently dealing with overpopulation would be potentially eligible for “rangeland damages”?
2. What percentage of these landowners have allowed public hunting on their land in the past, and how has that hunting been managed, and how is Game and Fish ensuring that hunting is “adequate” to managing herd objectives?
3. What are the estimated costs of these regulations to Wyoming’s sportsmen and women?

Finally, whether or not these regulations pass, it is clear the sportsmen and women’s community need to pursue a cap on damages payments and will be looking to do so in the 2025 Legislative Session. We support the damages program but given the emergence of HB 60 and these proposed regulations, it has become clear the community needs to do more to ensure the program is being administered in the best way possible, with the best stewardship of sportsmen and women’s funds. Again, we look forward to working with Game and Fish and the Commission to find the correct path forward on these issues.

Thank you,

Wyoming Chapter

Backcountry Hunters & Anglers

You still have a chance to help us influence the Game & Fish Commission on September 10-11 in Douglas. Join us at the public meeting to let the commission know that this regulation is not an appropriate utilization of hunter and angler dollars and is not an effective solution in the greater elk overpopulation issues in the state. We need to protect our investments in wildlife and wildlife habitat and prevent the expansion of our damages program that will harm both. 

Consider joining BHA to help ensure there is a voice at the policy table in support of our shared public lands, waters, and wildlife. Learn more, and take action, at backcountryhunters.org. 

Backcountry Hunters & Anglers seeks to ensure North America's outdoor heritage of hunting and fishing in a natural setting, through education and work on behalf of wild public lands, waters, and wildlife.