040-40 Wyo. Code R. § 40-2

Current through April 27, 2019
Section 40-2 - Definitions

Definitions will be as set forth in Title 23, Wyoming Statutes, Commission regulations, and the Commission adopts the following definitions:

(a) "Certificate of Veterinary Inspection" means an official health certificate. It shall be a legible record covering the requirements of the State of Wyoming as listed in Wyoming Game & Fish Commission Regulation Chapter 10, Regulation For Importation, Possession, Confinement, Transportation, Sale And Disposition of Live Wildlife and as recorded on an official form from the state of origin and approved by the animal health official of the state of origin, or an approved form of the United States Department of Agriculture which shall be issued by an accredited licensed veterinarian. Certificates of veterinary inspection shall be issued to comply in all respects with requirements of the State of Wyoming. The certificate of veterinary inspection shall delineate the total number of game birds covered by the certificate. It shall indicate the health status of the game birds involved, including dates and results of required tests and vaccinations, the mailing addresses of the consignor and consignee, the origin of the game birds, their actual Wyoming destination, and an accurate description including proper taxonomic identification with genus and species names. It shall designate the individual game bird number, or similar individual identification of each game bird.

(b) "Continuous Tract of Land" means one parcel of fee land, except as may be divided by a public road, highway or a railroad right of way, which is either entirely owned by the game bird farm licensee or which is fee land entirely controlled by the applicant by a five (5) year lease or written agreement.

(c) "Game Birds" means live birds and viable eggs of all grouse, partridge, pheasants, quail and migratory game bird species.

(d) "Game Bird Certificate of Origin" means a sworn statement signed by the owner or manager of game birds originating from premises operated by them that said premises are free of infectious, contagious or communicable diseases including, but not limited to, Newcastle Disease, pullorum, avian cholera, avian tuberculosis, duck viral enteritis and west nile virus, and the premises have been disease free for at least the immediately preceding twelve (12) consecutive months.

(e) "Holding Facility(ies)" or "facility" means the physical structure designed to confine and handle live game birds. The holding facility shall be defined by legal description to the quarter/quarter (1/4-1/4) section where live game birds shall be possessed or confined.

(f) "Legal Fence" means a fence made of steel, concrete or sound wooden posts and three (3) spans of barbed wire not more than fifteen (15) inches or less than ten (10) inches apart, or two (2) spans of barbed wire with a wooden rail on top. Wooden posts shall be at least four (4) inches in diameter. Posts shall be set firmly in the ground at least twenty (20) inches deep, at no greater distance apart than twenty-two (22) feet between the posts or thirty-three (33) feet with at least two (2) iron or wooden stays between the posts. Stays shall be placed equal distance apart from themselves and the post on either side:

A post and board fence made of sound posts not less than four (4) inches in diameter set substantially in the ground not more than ten (10) feet apart, with three (3) boards sold as one (1) inch lumber eight (8) inches wide, and not more than ten (10) inches apart, or four (4) boards sold as one (1) inch lumber six (6) inches wide, not more than eight (8) inches apart, securely fastened with nails or otherwise;

A four (4) pole fence with round poles not less than two (2) inches in diameter at the small end, with either upright or leaning posts not more than sixteen (16) feet apart, and securely fastened with nails, wires or otherwise; or,

All other fences made and constructed of boards, rails, poles, stones, hedge plants or other material which upon evidence is declared to be as strong and well calculated to protect enclosures, and is as effective for resisting breaching stock as those described in this definition shall be considered a lawful fence.

(g) "Office of the Game and Fish Department" means the Wyoming Game and Fish Department, Permitting, Wildlife Division, whose mailing address is 5400 Bishop Boulevard, Cheyenne, Wyoming 82006-0001.

(h) "Posted as a Private Game Bird Farm" means the placement and maintenance of legible signs with the wording Private Game Bird Farm at all entrances, gates or cattle guards on roads entering the licensed game bird farm property.

(i) "Quarantine" means a holding facility constructed to prevent contact between quarantined game birds and any other animals, to prevent escape of quarantined game birds, and to allow humane restraint and handling of quarantined game birds approved in advance by the Office of the Game and Fish Department; or the period of time during which a game bird(s) is confined in a quarantine facility.

(j) "Pre-Entry Quarantine" means a quarantine facility in the state of origin of game birds to be imported. The quarantine facility shall be approved in advance by the Office of the Game and Fish Department or the Department's designated animal health official in the state of origin of game birds to be imported. Usually pre-entry quarantine is on the premises of origin. Pre-entry quarantine is always the last place of confinement immediately before game birds are shipped directly to Wyoming; or, the period of time during which a game bird(s) is confined in a pre-entry quarantine facility.

(k) "Post-entry quarantine" means a quarantine facility in Wyoming approved in advance by the Office of the Game and Fish Department. Usually post-entry quarantine is on the premises of destination. Post-entry quarantine is always the first place of confinement after game birds are shipped directly to Wyoming; or the period of time during which a game bird(s) is confined in a post-entry quarantine facility.

(l) "Special Competitive Game Bird Hunt" means a competitive game bird hunt held on a licensed game bird farm and approved by the Department. The competitive game bird hunt shall include: judges, trainers, dog owners and/or handlers, dogs bred for the hunting of game birds, advertised date(s) and location(s), and a sponsor. Special competitive game bird hunts shall not be approved for more than a three (3) consecutive day time period.

040-40 Wyo. Code R. § 40-2

Amended, Eff. 11/2/2017.