Title 11 · WY

11-19-402 if they are placed under quarantine by the rules and

Citation: Wyo. Stat. § 11-19-402

Section: 11-19-402

11-19-402 if they are placed under quarantine by the rules and regulations promulgated by the Wyoming livestock board.

11-19-404. Applicability of provisions.

The Wyoming livestock board shall determine which of the requirements set forth in W.S. 11-19-402 through 11-19-404 apply to the various counties or areas within Wyoming.

11-19-405. Control of brucellosis; governor authorized to negotiate with federal agencies.

(a) To preserve the brucellosis-free status of this state, the governor shall enter into negotiations with any relevant parties including appropriate federal agencies and tribes of the regions adjacent to Wyoming on steps necessary to ensure brucellosis is not passed from wildlife to livestock.

(b) The governor may direct any state agency to take any actions needed to ensure brucellosis does not spread from wildlife to livestock.

(c) In the event of a confirmed outbreak of brucellosis, the governor may authorize the state veterinarian, with the approval of the Wyoming livestock board, to require brucellosis testing of all test eligible bovine or domestic bison at the farm or ranch of origin or any licensed Wyoming livestock market prior to a change of ownership for a period of up to eighteen (18) months. At the end of the required testing period, the state veterinarian shall review the testing requirement and may reimpose brucellosis testing for one (1) or more successive periods under this subsection if there is deemed by the state veterinarian to be a threat to Wyoming's brucellosis free status or if the state is designated as brucellosis class A or lower status.

(d) The state veterinarian may direct any Wyoming brand inspector to withhold a brand inspection for movement or change of ownership to any person who has not shown evidence of any required brucellosis test. (e) As part of the state brucellosis surveillance and prevention program, the state veterinarian may require brucellosis testing of any test eligible bovine or domestic bison at any licensed Wyoming livestock market at any time. Failure to comply shall result in a suspension of the livestock market's license.

(f) Any person who violates any provision of this section shall be punished as provided by W.S. 11-1-103.

11-19-406. Sale of diseased cattle or domestic bison.

All cattle or domestic bison in Wyoming, including those belonging to a producer on the Wind River Indian Reservation who receives services pursuant to W.S. 11-19-101(d), lawfully found to be affected with brucellosis, including all sexually intact cattle or domestic bison that are part of a herd found to be affected with brucellosis, may be shipped or transported under the direction of the state veterinarian to livestock markets and sold for immediate slaughter or transferred to an approved slaughter facility or veterinary diagnostic laboratory in accordance with federal regulations. Payments under this section shall not be made by the state for any sexually intact female cattle or bison which are over twelve (12) months old and which are not official calfhood vaccinates as provided in board rule and regulation. Producers may be eligible for indemnification in accordance with W.S. 11-19-106 for any livestock ordered disposed pursuant to this section.

11-19-407. Brucellosis testing program.

(a) The livestock board shall develop a brucellosis surveillance program in any designated surveillance area as defined by the livestock board and any temporary surveillance area designated by the board and approved by the governor as an area where risk of exposure to documented infected wildlife is of concern. The program may be conducted with the help of veterinary practitioners and livestock auction markets. This program shall provide for the testing of livestock for brucellosis, for spaying heifers and for adult vaccinations only to the extent that may be reasonably necessary to maintain or to regain the brucellosis-free status of the state of Wyoming. Compensation under this program for all purposes except mandatory testing or testing within a temporary surveillance area as designated by the board and approved by the governor shall be pursuant to the terms of a brucellosis mitigation plan that has been entered into between the livestock producer and the Wyoming state veterinarian.

(b) The compensation for brucellosis surveillance testing, spaying heifers and adult vaccinations shall be paid at not less than one dollar and fifty cents ($1.50) per head and not more than eight dollars ($8.00) per head of cattle actually tested, spayed or adult vaccinated. Compensation for brucellosis testing, spaying or adult vaccinating may include the purchase of brucellosis testing, spaying or adult vaccinating equipment, supplies and postage.

(c) Payments under subsection (b) of this section shall be made monthly directly to accredited veterinarians who perform brucellosis testing, spaying, adult vaccinating and surveillance planning or to livestock auction markets that use their facilities and veterinarians to conduct brucellosis testing, spaying or adult vaccinating as mandated by rule of the Wyoming livestock board or the United States department of agriculture animal and plant health inspection service. The payment shall be made upon receipt by the Wyoming livestock board of documentation in the format and manner specified by board rule.

ARTICLE 5 - REGULATION AND INSPECTION OF SHEEP

11-19-501. When notice of importation to be made; contents; applicability of rules and regulations of board.

(a) Any person intending to bring or cause to be brought any sheep from any other state or territory, the District of Columbia or any foreign country into Wyoming in any manner except by shipping them through the state by railroad or truck, shall, ten (10) days before crossing the state line, notify the executive officer of the board of the proposed action. The notice shall set forth the number of sheep, the brands or marks thereon, the name of the owner and the locality from which the sheep came and through which they have been driven.

(b) Sheep trailed or shipped into the state from adjoining states for immediate interstate shipment or for show and exhibition purposes, sheep grazing along and across state lines, and sheep shipped from any part of this state to feed yards in any other part of the state when shipment is made by interstate route, are governed by the rules and regulations of the board.

11-19-502. Unloading sheep in transit prohibited; exception; cost of enforcement. Any sheep in transit through this state shall not be unloaded for any purpose except for feeding, and shall be held in the feed yards or in grazing grounds and not allowed to leave. All expenses of enforcing this section shall be paid by the owner of the sheep.

11-19-503. Bringing infected sheep into state prohibited.

It is unlawful for any person to bring into this state any sheep infected with any infectious or contagious disease, or that have been exposed to such disease.

11-19-504. Refusal to give information deemed misdemeanor.

Any herder or other person in charge of sheep who willfully refuses to give an inspector information as to the condition of sheep in his charge is guilty of a misdemeanor punishable as provided by W.S. 11-19-506.

11-19-505. Owners to be jointly and severally liable; when arrest necessary; service of summons and complaint.

In any action arising under W.S. 11-19-501 through 11-19-505, all persons owning or having control of the sheep concerning which the action is had, are liable severally and jointly. In criminal actions, no arrest is necessary except in case of nonresident persons, but a summons containing notice of the time and place of trial, together with a copy of the complaint filed in a circuit court, or in the court in which the action is commenced, shall be served in the same manner and for the length of time provided by law for the service of summons in civil cases.

11-19-506. Penalties.

Any person who violates W.S. 11-19-501 through 11-19-505 shall be fined not more than five thousand dollars ($5,000.00) or imprisoned not more than one (1) year, or both.

ARTICLE 6 - WILDLIFE/LIVESTOCK DISEASE RESEARCH PARTNERSHIP

11-19-601. Findings; purposes.

(a) The interaction of livestock and wildlife may lead to mutual or shared diseases. Some of these diseases may have the potential to adversely affect Wyoming's livestock producers and influence the management of Wyoming's free-ranging wildlife. Research into these diseases may provide strategies or solutions that benefit Wyoming's livestock industries and wildlife resources.

(b) The purpose of the Wyoming wildlife/livestock disease research partnership is to utilize existing personnel and facilities of the state, to identify funding sources, to enhance wildlife and livestock disease research in the state, and to understand, manage, control and preempt potentially mutual or shared diseases that may impact wildlife, livestock or humans.

11-19-602. Wyoming wildlife/livestock disease research partnership board created; membership; duties; purposes.

(a) There is created the wildlife/livestock disease research partnership board within the department. The board shall consist of the following members or their designees:

(i) The director of the department;

(ii) The director of the Wyoming game and fish department;

(iii) The vice-president for research at the University of Wyoming;

(iv) The director of the Wyoming state veterinary laboratory; and

(v) The state veterinarian.

(b) The board shall:

(i) Accept funding from all sources, including federal, state and local governments and private donations to carry out the purposes of this article;

(ii) Leverage funds received to match other funds that may be available to the board;

(iii) Deposit funds received into the account created by W.S. 11-19-603. No funds may be withdrawn or otherwise expended without the specific consent of at least three (3) members of the board; (iv) Accept, review and prioritize research proposals submitted to the board;

(v) Seek support for programs and projects consistent with the purposes of the board;

(vi) Allocate funds for research which serve the goals of understanding, managing, controlling or preempting potentially mutual or shared diseases that impact wild and domestic animals or humans in the state;

(vii) Allocate funds for monitoring, tracking and conducting disease surveillance before and following the introduction of bighorn sheep in the Sweetwater Rocks herd unit. Note: this paragraph is effective as of 1/1/2026.

(c) In approving research requests for funding, the board shall first consider any requests for funding from the Wyoming game and fish department, the University of Wyoming, the Wyoming department of agriculture and the Wyoming livestock board. After consideration of requests from those state agencies, the board may consider requests from other entities.

(d) All research projects requesting funding from the board shall be submitted to the board in a form and manner specified by the board. The approval of not less than three (3) members of the board shall be required prior to funding of a project with funds received under this section.

11-19-603. Account created.

There is created a wildlife/livestock disease research partnership account. Funds from this account shall be used only for purposes specified in W.S. 11-19-601 through 11-19-605. Any interest earned on the account shall remain within the account.

11-19-604. Wyoming bighorn/domestic sheep plan.

(a) The Wyoming bighorn/domestic sheep plan shall be developed and maintained by rule and regulation as provided in this section to address potential conflicts arising out of the interaction between bighorn sheep and domestic sheep within the state. The final report and recommendations from the Wyoming state-wide bighorn/domestic sheep interaction working group dated September 2004 together with appendices A through N as adopted by the group is adopted as the initial Wyoming bighorn/domestic sheep plan under this section and shall continue as revised or amended until repealed or nullified pursuant to law.

(b) Rules and regulations necessary to administer this article shall be promulgated jointly by the game and fish commission, the board of agriculture and the livestock board. The game and fish commission, the board of agriculture and the livestock board may jointly consider recommendations for changes to the plan and may revise or amend the plan through the rulemaking process pursuant to the Wyoming Administrative Procedure Act.

(c) The goal of the Wyoming bighorn/domestic sheep plan shall be to maintain the health of bighorn sheep populations while sustaining an economically viable domestic sheep population.

(d) The most current version of the Wyoming bighorn/domestic sheep plan shall be published on the website of the game and fish commission.

(e) In conformance with the Wyoming bighorn/domestic sheep plan the game and fish department may relocate or remove bighorn sheep to another area of the state if a federal judicial action or agency decision would require elimination of domestic sheep grazing in any area or herd unit designated in the Wyoming bighorn/domestic sheep plan as a nonemphasis herd. The game and fish department shall be reimbursed for the costs of relocation or removal of sheep under this subsection from funds available in the wildlife/livestock disease research partnership account.

11-19-605. Wyoming bighorn/domestic sheep relocation and removal; legislative findings; reimbursement; attorney general action. Note: this section is effective as of 1/1/2026.

(a) The legislature finds and declares that it is the state's policy to vigorously defend its interests in maintaining and enhancing viable livestock grazing operations on public lands in conjunction with the conservation and maintenance of healthy bighorn sheep populations in the state of Wyoming. These two (2) policies are mutually compatible as demonstrated since the adoption of the collaboratively developed Wyoming bighorn/domestic sheep plan in 2004, which was codified into law under W.S. 11-19-604 in 2015. The legislature further finds and declares that:

(i) Reintroduction of bighorn sheep and management action to protect existing populations of bighorn sheep on federal public lands has been effectively accomplished in conformance with the Wyoming bighorn/domestic sheep plan;

(ii) It is the policy of the state of Wyoming to accept any risk of contact between bighorn sheep and livestock in the vicinity of any bighorn sheep transplant or relocation and to hold livestock producers harmless in the event such contact occurs;

(iii) All wildlife in the state of Wyoming is the property of the state, and it is the policy of the state to provide an adequate and flexible system for control, propagation, management, protection and regulation of all Wyoming wildlife;

(iv) Any removal of bighorn sheep from the Sweetwater Rocks herd unit under this act shall not be attributable to domestic livestock grazing on federal bureau of land management administered lands. Rather, the removal of bighorn sheep shall be directly attributable to:

(A) Onerous federal regulation that unduly impedes the state of Wyoming's ability to manage wildlife and domestic livestock grazing in conformance with the Wyoming bighorn/domestic sheep plan;

(B) Third-party action designed to use bighorn sheep as a means of eliminating domestic livestock grazing on bureau of land management administered lands within or in the vicinity of the Sweetwater Rocks herd unit.

(v) The provisions of this section shall be enforced by the state.

(b) In conformance with the Wyoming bighorn/domestic sheep plan in W.S. 11-19-604 and pursuant to W.S. 23-1-103, the game and fish department shall relocate or remove all bighorn sheep from the Sweetwater Rocks herd unit if any federal judicial action or federal agency action requires or indicates it may require the following: (i) The elimination, reduction or suspension of domestic livestock grazing or trailing in the Sweetwater Rocks herd unit; or

(ii) Any changes to a United States bureau of land management resource management plan, grazing allotment plan or livestock grazing permit terms and conditions due to the presence of bighorn sheep in the Sweetwater Rocks herd unit or grazing allotment in that vicinity that is not in a designated bighorn sheep herd unit after July 1, 2024 without the consent of the grazing permittee.

(c) Any relocation or removal of bighorn sheep from the Sweetwater Rocks herd unit required by subsection (b) of this section shall commence as soon as practicable but not later than six (6) months after the Wyoming department of agriculture certifies to the governor that a condition specified in subsection (b) of this section is met. The governor shall notify the game and fish department that the removal of bighorn sheep from the Sweetwater Rocks herd unit shall commence in accordance with this section.

(d) The game and fish department shall be responsible for the expedient removal of bighorn sheep that stray outside the Sweetwater Rocks herd unit if that straying or foray is not into another designated bighorn sheep herd unit.

(e) The state and its agencies shall coordinate and assist the Wyoming congressional delegation in pursuing changes to federal law, rules and policies in order to bring them into conformance with the policies and findings of the Wyoming bighorn/domestic sheep plan created under W.S. 11-19-604.

(f) The Wyoming game and fish department shall not seek to change, alter or otherwise affect changes to domestic livestock grazing authorization on public and state lands due to the presence of bighorn sheep in the Sweetwater Rocks herd unit or grazing allotments in that vicinity that are not within an existing bighorn sheep herd unit.

(g) The game and fish department shall be reimbursed for the costs of relocation or removal of bighorn sheep pursuant to subsection (b) of this section from any available funds in the wildlife/livestock disease research partnership account created by W.S. 11-19-603. (h) With the approval of the governor, the attorney general shall seek to intervene in any lawsuit if a federal action is contrary to the state's policy regarding Wyoming bighorn/domestic sheep set forth in subsections (a) and (b) of this section or that is inconsistent with the Wyoming bighorn/domestic sheep plan.

(j) With the approval of the governor, the attorney general shall file an action against any federal agency to stop the enforcement, administration or implementation of any federal agency rule, instructional memo, handbook or other action taken by a federal agency if the rule, instructional memo, handbook or other action is contrary to the Wyoming bighorn/domestic sheep plan or is otherwise contrary to law.

CHAPTER 20 - BRANDS

ARTICLE 1 - BRANDING AND RANGING

11-20-101. Definitions.

(a) As used in this act:

(i) "Agency" means the corporation, if any, designated by the board as its authorized representative to carry out the functions to be performed by the board and if there is no such agency, then it means the board;

(ii) "Board" means the Wyoming livestock board;

(iii) "Inspectors" means those persons appointed by the agency to execute the duties prescribed by law, rules, regulations and orders for the protection of the livestock industry in Wyoming;

(iv) "Livestock" means cattle, horses, mules, asses and sheep. The board acting in conjunction with the game and fish commission may designate individual bison or identifiable herds of bison as wildlife;

(v) "Stock drover" means any person driving livestock through any county in Wyoming;

(vi) "Stock owner" means any person who owns livestock; (vii) "This act" means W.S. 11-19-101 through