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Guide to the Wyoming Game and Fish Department Records

 Collection
Identifier: RG0040

Scope and Content

Records include correspondence, Commission minutes, project and planning files, reports, and other records created by the department and commission.

Dates

  • 1911-2007

Creator

Language of Materials

English

Access Restrictions

The collection is open for research.

Copy Restrictions

Limited duplication of print materials allowed for research purposes. User is responsible for all copyright compliance.

Historical Note

Efforts to administer and control the hunting of game in Wyoming began with the territorial legislature in 1869. The "Act for the Protection of Game and Fish in the Territory of Wyoming" prohibited the killing of elk, deer, antelope, buffalo, and mountain sheep between March 1 and August 15. However, the act did allow people to kill these animals "to supply their own immediate wants." Certain game birds were also protected for the same time period. The act further prohibited the ensnaring or trapping of trout. They could only be caught singly. The fine for violating any provisions of the law was $50.

Declining game populations led the 1875 legislature to strengthen the law. The protected season for elk, deer, antelope, and mountain sheep was extended, covering the period from January 15 to August 15. Animals could only be taken for food. Fines up to $500 could be assessed. Violators could also serve up to six months in jail. The law allowed informers to collect half the fine.

Territorial leaders also had concerns about diminishing fish populations. To address the issue the 1879 legislature provided for a fish commissioner, who would be responsible for stocking fish in Wyoming waters, particularly "the Laramie, North Platte, Green and Bear rivers, and their tributaries." Further, the commissioner was required to publish notice of the streams and lakes that were stocked. Fishing in these waters was not allowed for three years after the publication of the notice. Henry B. Rumsey was appointed by Governor John W. Hoyt as the territory’s first fish commissioner.

The Third State Legislature, in 1895, broadened the responsibilities of the fish commissioner, who would serve as a game and fish warden, empowered to "enforce all laws relating to game and fish" and arrest violators. Furthermore, counties were authorized to appoint, at the county’s expense, game and fish wardens for the counties. The local wardens also had authority to arrest violators. Wardens were given the authority to seize illegally taken game and fish.

Significant new laws were passed in 1899 as the state legislature continued to increase efforts to manage game and fish. The position of State Game Warden was created, a four-year appointment. Assistant wardens could be appointed as necessary. Justices of the peace were charged to jail anyone convicted under the act, until the fine was paid. For the first time, a license to hunt big game was required for both residents and non-residents. The license fee for residents was one dollar, but was not required for hunting in the county of residence. The fee for non-residents was set at $40, which was promptly called excessive by non-resident sporting groups.

Amendments to the game and fish laws were enacted between 1903 and 1921. The emphasis was increased enforcement of regulations and protection of the state’s wildlife. A 1903 law limited fishing to the months June through September, except for the North Platte and Big Horn drainages, where fishing was also legal in May. Hunting seasons for game and game birds were also reduced that year. Hunting guides were also addressed in 1903. They were required to obtain certificates from a justice of the peace. All non-resident hunters were required to be accompanied by a qualified guide. One of the most significant provisions of 1903 legislation was that all money collected for licenses and guide certificates was to be deposited in a state game fund, from which assistant game wardens and attorneys were to be paid. This was the first step in making game and fish management financially independent.

1905 legislation established the Teton Game Preserve and prohibited all hunting in the designated area. Also in 1905, capturing and selling game animals was made unlawful, as was the purchase of hides or horns. However, a limited permit could be obtained for capturing and domesticating certain game animals. Several other game preserves were established in 1913 and 1915.

The State Game Commission was created by the 1911 legislature. The Commission consisted of the governor, secretary of state, and the state auditor. It had "general supervision of the game animals and birds of the State of Wyoming." The Commission was also authorized to provide for the feeding of game and the distribution of surplus game from one region of the state to another.

The Wyoming Game and Fish Commission was created by the 16th State Legislature in 1921. Its members included the same elected officials previously assigned to the State Game Commission. The Commission was given supervisory authority over all game animals, birds, and fish, and was charged with their protection, propagation, distribution, and disposition.

Although several acts amending and re-enacting existing game and fish laws were passed by the legislature in the 1920s, two acts passed in 1927 and 1929 were significant. 1927 legislation created the Game and Fish Fund, with an appropriation of $100,000. The funds were to be used by the Commission, and all money received by the Commission was to be deposited in the Fund. When the Fund reached $200,000, half that was to be returned to the state’s general fund. A 1929 amendment to the law stated the $100,000 was to be repaid, and that the Game and Fish Fund, receiving all game and fish income, was to be "set apart and made available for the exclusive use of the Game and Fish Commission for the payment of all salaries, per diem, fees, expenses and expenditures...." This act was the beginning of the agency’s financial independence.

The 1930s brought drought and depression to Wyoming, and indebtedness to the Game and Fish Commission. The legislature made a second loan, in the amount of $60,000, to the Commission in 1932. By 1936, after receiving approval from the legislature to make repayment by installment, the Commission was out of debt. The passage of two congressional acts during the 1930s was of great importance to the future management of Wyoming’s wildlife. The Taylor Grazing Act of 1934 resulted in the withdrawal of 165,695,000 acres of public lands from possible settlement, the removal of fences from public lands, the organization of grazing districts, the development of water resources, and soil erosion controls. The Piffman-Robertson Act of 1937 placed an 11% tax on sporting arms and ammunition, with the proceeds from the tax to be distributed to the states on a matching fund basis for wildlife restoration.

Also significant to wildlife management in the state was the enactment of the State Game and Fish Act of 1937. The Act provided for a State Game and Fish Commission composed of six members representing geographical sections of the state. Commission members would have general knowledge of propagation, management, and control of animals, birds, and fish. The commissioners were to be appointed by the (governor, confirmed by the senate for six-year terms, and could be removed by the governor for cause. Not more than three of the commissioners could be from the same political party.

The Act set forth eleven powers and duties of the Commission: (1) to fix seasons and bag limits for game animals, protected animals, fur bearing animals, game birds, and fish; (2) to acquire lands and waters for fish hatcheries, nursery ponds, game farms, bird farms, management of game and protected animals and birds, and public hunting, trapping, and fishing; (3) to capture, propagate, transport, buy, sell, or exchange for propagation or stocking purposes; (4) to direct the capture of any wildlife, where species are abundant, for transport and distribution; (5) to authorize the game warden to kill any wildlife, when necessary, or when animals or birds are doing substantial damage to property; (6) to make suitable provisions for feeding game animals, fish, and birds as deemed necessary; (7) to maintain a scientific research department, and enter into cooperative agreements with educational institutions to foster wildlife research; (8) to enter into cooperative agreements for the development and control of wildlife management and demonstration projects; (9) to supervise the waters of the state for the protection, management, and propagation of fish, and fish culture; (10) to grant permits to scientific institutions to capture wildlife for any scientific or educational purpose; and (11) to establish zones and areas where bear shall be classified as either a game or predatory animal, with proper regard given to the livestock industry and the wildlife in the zone, or area. Enforcement powers were also strengthened.

In 1943, new legislation directed the Commission to appoint a qualified person as Game and Fish Commissioner to act as executive director for the Commission. Also during the 1940s, winter range for wildlife was purchased, a laboratory to research diseases of wildlife was established at the University of Wyoming, and new fish hatcheries were built. By 1949, seven hatcheries were in operation. Game and fish revenues exceeded $1 million for the first time in fiscal year 1949-1950.

Game and Fish Commission membership was increased to seven in 1953, with the governor remaining as an ex-officio eighth member. Two years later the legislature appointed a game and fish legislative interim committee to study game and fish resources in the state, the commission, and the department. The committee’s report, made to the 1957 legislature, resulted in the enactment of nine laws, most of which were not substantive. A notable concern expressed in the report was that the Commission owned real property valued at more than $2.5 million, and, because of its tax exempt status, was depriving local governments and school districts of needed tax revenue. The issue was addressed by legislation declaring all real property owned by the Commission was taxable at the legal tax rates, and authorizing the Commission to pay taxes assessed. Also in 1957 the Commission was authorized to establish rules and regulations for archery hunting.

Eleven fish hatcheries were operating in Wyoming as the 1 960s began. The first attempt to plant fish in a lake from an airplane was made in 1960. Five years later, the department was using a helicopter to plant fish. In 1961 the regulation of boats was transferred from the State Parks Commission to the Game and Fish Commission. Land in Cheyenne was purchased in 1964 for the construction of a new headquarters building, which was occupied in November 1965. In 1966 the Commission reported it owned 56,000 acres. Game and fish annual income exceeded $5 million in 1968.

Probably the most significant enactment by the legislature in the 1970s concerning game and fish occurred in 1979, requiring all persons born on or after January 1, 1966 to take a certified hunter safety class, and be certified before being issued a hunting license.

In 1983, the use of conservation stamps was authorized to provide a revenue source dedicated to the conservation of wildlife in the state. The new law required any person purchasing a game or fish license to buy one $5.00 stamp. The law also provided for the purchase of Habitat Cards for individuals who wished to contribute to wildlife conservation, but who did not buy game and fish licenses.

Throughout the first half of the 1980s, "instream flow" and its relation to fish habitat was a volatile statewide issue. Some of the state’s streams were virtually drying out at times because of irrigation diversions. After attempts by the public to initiate instream flow legislation by petition, the legislature responded in 1986. Legislation was passed that declared instream flow a beneficial use of the state’s water, provided that the storage of water for instream flow to establish or maintain new or existing fisheries was a beneficial use. The law permitted any unappropriated stream water to be appropriated to benefit fisheries. Only the state could be granted a permit to appropriate water for instream flow, and the state could acquire existing water rights for transfer to instream flow. The control of instream flow water was left with the State Engineer. The role of the Game and Fish Commission was one of studying the need for instream flow and making recommendations.

The State Board of Outfitters and Guides was created in 1989, relieving the Game and Fish Commission of the responsibility for regulating and licensing ouffitters and professional guides. The seven member Board included a representative from the Commission.

The Game and Fish Department maintained its independence, including funding, through the 1990 reorganization of state government.

In 1999, a new account within the Game and Fish Fund was created to enable the purchase of access easements for public and private lands. The Game and Fish Commission was required to notify the appropriate board of county commissioners before making such purchases. A year later a new permanent trust account was established to generate income for the Game and Fish Fund. Deposits to the account are to be invested by the state treasurer to earn the highest possible return, while preserving the account corpus. Interest earned is credited to the Game and Fish Fund.

2003 legislation established procedures for removing gray wolves from the list of experimental nonessential population, endangered species or threatened species, and for reclassifying them. Procedures for closely monitoring gray wolf packs and assessing the need for changes in classification were included in the law. Separate 2003 legislation authorized the Commission to demand reimbursement from the federal government for damages to Wyoming wildlife and habitat caused by any species, including endangered species, placed in the state under federal mandates or programs.

Extent

200 cubic feet approx + 16 volumes

Abstract

The Wyoming Game and Fish Commission, created in 1921, and later the Wyomign Game and Fish Department, created in 1973, been tasked with management of the wildlife and game populations within the state. Records include correspondence, Commission minutes, project and planning files, reports, and other records created by the department and commission.

Arrangement

Organized into four series: Administrative Records, Game/Wildlife Division, Fish Division, and Habitat and Technical Services. See container list for more information. Item level inventory available on-site.

Acquisition Information

Transferred from the Wyoming Game and Fish Department.

Alternate Formats Available

Selected records may be available on microfilm or digitally. See container list for details.

Related Material

P98-31, Wyoming Game and Fish Department Photograph Collection, Wyoming State Archives.

Separated Material

Photographs accessioned under P98-31, Wyoming Game and Fish Department Photograph Collection.

Processing Information

Processed by Wyoming State Archives Staff as material was received from the Department.

Title
Guide to the Wyoming Game and Fish Department Records, 1911-2007
Status
Edited Full Draft
Author
Suzi Taylor
Date
© 2019
Language of description
English
Script of description
Code for undetermined script
Language of description note
Finding aid is in English

Repository Details

Part of the Wyoming State Archives, Wyoming Cultural Resources Division, Wyoming Department of State Parks & Cultural Resources Repository

Contact:
Barrett Building
2301 Central Avenue
Cheyenne Wyoming 82002 United States
(307) 777-7826