040-46 Wyo. Code R. § 46-6

Current through April 27, 2019
Section 46-6 - Seining and Trapping of Fish

(a) Seining and trapping licenses (hereafter referred to as seining license) for the purpose of taking baitfish may be obtained from Game and Fish Department Regional Offices or from the Cheyenne Headquarters.

(b) No person shall seine, net, trap or spear baitfish without first obtaining a valid seining license. A valid seining license is required when using a seine, net, trap or spear to take baitfish, even those that will be used as dead bait. Any brook stickleback (Culaea inconstans) taken by a trap, net or seine must be immediately killed.

(c) No person shall have more than one (1) seining license each calendar year.

(d) Seining or trapping and use of baitfish shall only be done as specified in regulations for the specific drainage areas in Sections 18, 23, 26, 29 and 33. Locations where baitfish may be obtained, possessed and used shall be specified on the seining license.

(e) Legal gear for taking baitfish includes seines, traps, cast nets, umbrella nets and dip nets. There are no restrictions on the size of mesh or net size for cast nets, umbrella nets or dip nets. Collection gear shall be hand operated.

  • (i) Seines used for the purpose of taking baitfish shall not be more than five (5) feet deep.
  • (ii) Traps used for the purpose of taking baitfish shall not be more than thirty-six (36) inches long, twelve (12) inches deep, twelve (12) inches wide or twelve (12) inches in diameter and the throat shall not exceed one (1) inch width.
    • (A) A seining license holder shall not use more than five (5) traps at a time.
    • (B) A holder of both a seining license and live baitfish dealer's license shall have no restriction on the number of traps that can be used.
    • (C) The owner's name and seining license number shall be attached to each trap while in use.

(f) Any game fish taken by trap, net or seine shall be released to the water immediately.

(g) No person shall intentionally tamper with or remove a trap or net, or remove fish from a trap or net that is set and maintained in compliance with Commission regulations without written permission from the seining license holder.

(h) Any live nongame fish captured for use as dead bait shall be killed immediately and shall not be transported live.

(i) All wild caught live baitfish transported out of the water of capture shall be held in aquaria when not in use.

  • (i) Wild caught live baitfish confined to a live car, net, pen or other enclosure in the same water from which the baitfish were captured are exempt from the aquaria holding requirement.

(j) All aquaria and enclosures shall have the owner's name and seining license number attached while in use.

(k) A seining license holder shall allow Department personnel to inspect live baitfish and all aquaria and enclosures used to hold live baitfish during reasonable hours.

  • (i) If an inspection discloses species of wildlife not authorized by the Department or an aquatic invasive species, the Department may order the wildlife, including all fish in aquaria and enclosures, removed from Wyoming or destroyed.

(l) Wild caught live baitfish may be held indefinitely by the holder of a valid, unexpired seining license, but shall not be released, abandoned or allowed to escape.

(m) A seining license holder shall not sell live baitfish without first possessing a valid live baitfish dealer's license.

(n) A seining license holder shall be allowed to give live baitfish to other anglers in his or her fishing party for use only when the seining license holder is present. All live baitfish shall be returned to the seining licensee while not in use, and shall remain in the wild caught live baitfish possession area listed on the seining license.

(o) A seining license holder shall be allowed to give dead baitfish to other anglers for use as dead bait.

(p) Seining licenses are subject to suspension or revocation for failure to comply with the seining and trapping conditions specified in Sections 6, 18, 23, 26, 29 and 33.

  • (i) Any revocation of a seining license other than a court hearing revocation shall be subject to contested case proceedings in accordance with Commission Regulation Chapter 27, Rules Of Practice Governing Contested Cases Before The Wyoming Game and Fish Commission.

040-46 Wyo. Code R. § 46-6

Amended, Eff. 9/6/2016.

Amended, Eff. 8/15/2018.