040-46 Wyo. Code R. § 46-7

Current through April 27, 2019

Section 46-7 - Live Baitfish Dealers

(a) Any person desiring to sell live baitfish shall apply for and receive a valid live baitfish dealer's license prior to selling live baitfish except holders of a valid Wyoming commercial fish hatchery license who may sell live baitfish to live baitfish dealers for resale. Application for a live baitfish dealer's license shall be made on forms provided by the Department. The applicant shall provide information including, but not limited to, the physical location of the business and a description of facilities to be used for holding fish.

(b) Commercially produced live baitfish may be transported into the state for the sole purpose of resale, provided that:

• (i) The recipient is a live baitfish dealer in possession of a valid live baitfish dealer's license or an in-state Department approved private fish hatchery; and,

• (ii) The recipient has written authorization from the Chief of Fisheries to receive live baitfish from a Department approved out-of-state fish hatchery; and,

• (iii) Vehicles used for the transport of live baitfish into the state shall be placarded indicating that the equipment is being used to transport live fish. Letters, numbers or symbols displayed on the placard shall be at least three (3) inches in height, excluding shading and bordering, and shall be of a color that contrasts with the placard background color. Anyone in the process of transporting live baitfish for the purpose of resale shall be in possession of written authorization from the Chief of Fisheries to ship or transport live baitfish into the state. Live baitfish shipped by common carrier (e.g., UPS, Federal Express) are exempt from this requirement; and,

• (iv) The Chief of Fisheries shall be notified immediately by the live baitfish dealer if a shipment contains any other fish species, vegetation or other organisms. The shipment of concern shall be quarantined and held at the business establishment until final disposition is determined following inspection by the Department.

(c) The Chief of Fisheries may choose not to authorize a live baitfish dealer to receive live baitfish from a Department approved out-of-state fish hatchery if the dealer has failed to comply with any provision of Sections 6 or 7.

(d) A live baitfish dealer of record shall be established for each live baitfish dealer's license. Employees of a live baitfish dealer are authorized to sell live baitfish at the business establishment. The current year's live baitfish dealer's license shall be displayed for public viewing at the business establishment. If a parent company has multiple business establishments, a live baitfish dealer's license shall be required at each separate business establishment selling live baitfish.

(e) 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.

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

(g) Live baitfish may be held indefinitely by the holder of a valid live baitfish dealer license for the current year, but shall not be released, abandoned or allowed to escape.

(h) A live baitfish dealer may be licensed to obtain and sell:

• (i) Commercially produced live baitfish for use in all locations east of the continental divide where permitted as described in Sections 23, 26 and 33; OR,

• (ii) Commercially produced live baitfish and wild caught live baitfish for use in one specific live baitfish location; OR,

• (iii) Commercially produced live baitfish for use in all locations east of the continental divide where permitted as described in Sections 23, 26 and 33 and wild caught live baitfish for use in one specific live baitfish location. Commercially produced live baitfish and wild caught live baitfish shall have separate fish holding facilities and the live baitfish dealer shall maintain separate records for each facility.

(i) All wild caught live baitfish obtained, possessed, or sold shall be subject to the restrictions specified in Sections 6, 8, 18, 23, 26, 29 and 33.

(j) A live baitfish dealer may receive live baitfish from other licensed live baitfish dealers, provided that all wild caught live baitfish were obtained from the same live baitfish location for which the dealer is licensed.

(k) Live baitfish dealers shall issue a receipt to the buyer at the time of sale. Receipts shall be filled out completely, they shall be issued by the live baitfish dealer or an employee of the live baitfish dealer and no information on the receipt shall be completed by the buyer. The receipt shall show the dealer's name and address, the number and species of fish sold, the date of the transfer, appropriate expiration date and where the fish shall be used. Receipt forms shall be provided by the Department.

• (i) Live baitfish dealers authorized to sell wild caught live baitfish shall issue receipts that expire fifteen (15) consecutive days from the date of sale.

• (ii) Live baitfish dealers authorized to sell only commercially produced live baitfish shall issue receipts that expire thirty (30) consecutive days from the date of sale.

(l) Live baitfish dealers shall keep records of live baitfish sources on forms provided by the Department. All live baitfish brought into the business establishment shall be promptly recorded on the record of live baitfish source, including baitfish collected under the dealer's own seining license and baitfish received from commercial fish hatchery license holders, Department approved fish hatcheries, and other licensed live baitfish dealers.

(m) Live baitfish dealers shall maintain at the established business location legible, current, accurate and complete baitfish receipts and records of live baitfish sources.

(n) Copies of the completed receipts and records of live baitfish sources shall be returned to a Department regional office or to the Cheyenne Headquarters (License Section) by January 15 for transactions that occurred the prior calendar year.

(o) Department personnel may inspect the holding facilities, aquaria, enclosures and fish of live baitfish dealers during normal business 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 the holding facilities, aquaria, and enclosures removed from Wyoming or destroyed.

(p) Live baitfish dealer licenses are subject to suspension or revocation for failure to comply with any provision of this Section.

• (i) Any revocation of a live baitfish dealer 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. § 46-7

Amended, Eff. 9/6/2016.

Amended, Eff. 8/15/2018.