Joint Travel Committee Minutes

Committee Meeting Information

July 8 & 9, 2008

Uinta County Library

Evanston, Wyoming

Committee Members Present

Senator Bruce Burns, Co-Chairman

Representative Pat Childers, Co-Chairman

Senator Pat Aullman

Senator Hank Coe

Representative Kermit Brown

Representative Bernadine Craft

Representative Kathy Davison

Representative Jerry Iekel

Representative Allen Jaggi

Representative Jim Slater

Representative Bill Thompson

Committee Members Absent

Senator Mike Massie

Senator Jayne Mockler

Representative Patrick Goggles

Legislative Service Office Staff

Lynda Cook, Staff Attorney

Others Present at Meeting

Representative Saundra Meyer

Please refer to Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.

Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee Meeting Summary (July 8 & 9, 2008)

The Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee met in Evanston to considerer issues related to state parks and cultural resources, Department of tourism and game and fish.

The committee heard testimony and considered legislation regarding the Department of tourism's state marketing plan and the Department of state parks and cultural resources' plans for developing and promoting cultural tourism in the State. The committee also heard testimony and considered bills from the game and fish Department regarding the need to regulate antler hunting, the use of immunocontraceptives in wild ungulates and trapping.

Call To Order (July 8, 2008)

Co-Chairman Pat Childers called the meeting to order at 9:00 am. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 2 to review the Committee Meeting Agenda.

Approval of Minutes

Minutes from the May, 2008 Committee meeting were approved.

Game and Fish Department

09 LSO 0058.W1-Game and fish-immunocontraceptives.

John Emmerich, Deputy Director of the Game and Fish Department explained the bill. (Appendix 3) He stated that the bill allows the Department to regulate the use of immunocontraceptives on wildlife, except predatory animals and predacious birds, for the purpose of controlling fertility or reproduction. The Department is concerned that an effective immunocontraceptive named Gonocon has been approved for use in deer species. The Department is asking for authority to regulate the use of that product to ensure that there is some oversight.

There was committee discussion about how the Department would be able to regulate the use of these drugs on wolves in the trophy game area but not in the predatory animal area. There was also discussion about how the Department may use this as a tool to control urban deer populations. Mr. Emmerich explained that the Department's concern is the use of the drug by other parties to control populations outside the Department's oversight. The committee discussed concerns about secondary effects of the drugs. Mr. Emmerich stated that he is not aware of any.

Chairman Burns expressed concern about whether the agriculture Department needs authority to control the use of these drugs in predatory animals. Mr. Emmerich stated that the drug would first have to be registered with the Department of agriculture. There was discussion about how to keep this substance away from big game animals if a method of application is developed that allows it to be used in predators. The committee asked for a description of the registration process within the Department of agriculture. LSO staff will provide the committee with a description of the process by which these substances are regulated for use in predatory animals. Mr. Emmerich offered to work with the Department of agriculture, the Stockgrowers Association and Woolgrowers Association to ensure that the commission may control the drug's use when it indirectly affects wildlife other than predatory populations.

The committee tabled the bill for further discussion at the next meeting.

09 LSO 0056.W2-Game and fish-trapping.

Jay Lawson, Chief Game Warden, explained the bill. (Appendix 4) The bill provides the commission with more general authority to regulate snaring and trapping. Currently the statutes set forth very specific restrictions on poundage and loop sizes. Mr. Lawson testified that changing technology needs to be addressed at the rulemaking level rather than on the statutory level. He stated that the bill also provides for landowners to release animals from snares prior to informing the Department, rather than the current process which requires the Department be notified before the animal may be released. Mr. Lawson provided a handout that described the process the Department went through to consult with affected parties. (Appendix 5). He testified that the biggest concern that was discussed was the time periods for checking traps and snares. The bill would require snares be checked in the same time periods as quick kill body grip traps.

There was discussion about the authority to provide for exceptions. Mr. Emmerich stated that the language was included to ensure that the Department may allow exceptions in circumstances of weather emergencies.

The committee asked for clarification about when predatory animals may be released and when notification is required to the Department. The statute allows landowners to release any wildlife, including predatory animals, but only requires the landowner to notify the Department of the release of nonpredatory animals.

Jim Magagna, Wyo. Stockgrowers Association, testified in support of the bill. He stated that his group has worked closely with the Department. He stated that on page 3-line 14, he would like to see “exceptions” changes to “extensions”. He also suggested some clarifying amendments to the old statutory language. The Department supported those changes.

Mr. Magagna also suggested that the statute should state that an owner of livestock may disable any trap or snare that imposes an immediate risk to any livestock or guard animals. The committee discussed how this may affect the rights of the trapper.

Gene Lovin, President Wyoming Trappers Association, provided written testimony regarding the process by which this legislation was created. (Appendix 6) He testified in opposition of the bill because he suggested that the Department did not work with trappers in developing the proposed changes. He suggested that education is the most important area where changes need to be made. He provided a packet of information on education programs. (Appendix 7). His Association voted to oppose the check period for snares and changes to anchor points. He expressed displeasure with his perception of the Department’s failure to coordinate with his Association.

There was discussion about why education is not required of trappers but is required of hunters. Mr. Emmerich testified that a mandatory program would require too much time and expense. Mr. Lovin testified that his Association is also not in favor of a mandatory program.

There was discussion about why it would be onerous to require snares be checked. Mr. Lovin stated that there is a difference between snares used for predator control and furbearing animal trapping. Mr. Lovin stated that traps are heavy and aren’t placed in areas that are difficult to get to. Snares are lighter and are used in harder to get places.

Bob Wharf, Sportsmen for Fish and Wildlife, testified that the problem with the system is that there are no educational requirements for trapping. He also noted that this bill does not solve the problem of illegal snaring, and that is where the majority of the complaints occur. He argued that it is unfair to make further restraints on legal trappers when the problem is with illegal trappers.

The committee tabled the bill to allow the Department to work with the trappers association.

09 LSO 0057.W1 – Game and fish-shed antler collection.

Jay Lawson presented the bill. (Appendix 8) The bill allows the commission to promulgate such orders as the commission considers necessary to regulate and control the collection of naturally shed antlers and horns of big game animals. He stated that the Department is interested only in closing specific areas, winter ranges, to the collection of antlers, not to license the collection of antlers.

The committee discussed how this will effect the Department in terms of increased workload. Mr. Lawson testified that the Department already has wardens on the ground to regulate the closure of winter ranges to other activities.

The committee discussed how this would allow the commission to close specific areas at specific times. It would include private lands but the landowner would be able to pick up the sheds on his own land after the closure time expired.

Bob Wharf, Sportsman for Fish and Wildlife, testified that he is concerned that the bill would allow closures on private lands. He stated that he will make an effort to educate people that the Department isn’t targeting landowners, rather they are targeting specific herds for the protection of the animals.

Jim Magagna, testified that the bill should be limited to controlling antler collection for the purpose of minimizing the harassment or disturbance of big game populations.

The committee made the following amendment:

Page 2-line 12 After “control” insert “, for the purpose of minimizing the harassment or disturbance of big game populations,”.

The bill passed unanimously as amended. The chairmen assigned it to the senate.

John Emmerich discussed several pieces of legislation that may be brought by individual sponsors that will be before the committee during session.

Representative Jaggi discussed the issue of areas where public lands are not accessible due to checkerboard nature of the land. There is a district court opinion that people cannot cross the corners without trespassing on the private land. He also brought up the Arizona statute that allows a child to take a big game animal on his parent's or grandparent's license. He stated that he will be talking with the Department about how feasible this might be in Wyoming.

Representative Brown noted that there may be an effort underway to change the hunter mentor program to three years.

Game Wardens Association

Craig Sax, Wyoming Game Warden’s Association, testified regarding three bills they would like to have the committee consider for sponsorship.

The first issue is a clean up bill. (Appendix 9). Two years ago when the legislature changed all degreed misdemeanors to low or high misdemeanors, 23-6-206 prohibiting hunting after a suspended license was classified as a low misdemeanor. Another bill at that time would have changed it to a 5^th degree misdemeanor. At the last minute, the language was changed to low misdemeanor based on the original level in the statute rather than taking into account the proposed change in the other bill.

Bob Wharf testified in support of the bill.

The committee directed LSO to draft a bill.

The second issue involves dogs harassing wildlife. W.S. 23-3-109(c) provides that “a peace officer may arrest or issue a summons to the owner of any dog injuring or threatening” wildlife. A recent district court opinion found that the law did not prohibit any act. It grants authority for the wardens to arrest or issue summons, but it did not make any action criminal. The wardens would like the statute clarified to clearly state the criminal act and allow game wardens to issue a citation rather than having to kill the dog.

There was discussion about the subjectivity of the statute. There was also discussion about dogs that run off but are not being vicious.

The committee asked the LSO to draft a bill stating “The owner of any dog injuring or threatening big game animals with immediate injury is guilty of a low misdemeanor, unless the dog has been trained and was attempting to protect livestock.”

The third proposition is to resurrect the 2007 bill to create a felony for second or subsequent convictions within ten years for violations of W.S. 23-3-102(d) and 23-3-107(d). The bill failed on third reading in the second house by only two votes. These are second or subsequent convictions of taking of antlered big game or trophy game animals without a license or wanton destruction of a big game animal.

The committee discussed why the bill failed in the house.

The committee asked LSO to draft a bill. LSO will research whether the bill can be drafted to be prosecuted as a misdemeanor or a felony in the discretion of the prosecutor.

State Parks and Historic Sites

Milward Simpson introduced members of his staff and commission. He described how cultural tourism affects the State.

Todd Thibodeau provided strategies on how to deal with sites in jeopardy. (Appendix 10). The first strategy is to provide capital construction funds for Fort Fred Steele ($1.5 million), Granger Stage Station ($465,000) and the Piedmont Charcoal Kilns ($100,000). Mr. Thibodeau stated that these three sites are considered high priority to the Department and to the public. On each of these sites the Department has worked with a steering committee with public involvement to determine recommendations for the sites. The committee questioned whether there is any oversight at the Fort Steele site. Mr. Thibodeau noted that there is a local person hired to be at the site half time and there is a sheriff who lives close to the site that checks it regularly. There is a location where they hope to have a person living on the site at least during the summer months.

The committee discussed the limitations of using cameras for oversight. Mr. Thibodeau noted that they are limited by electricity. Solar panels are not very feasible as they have been stolen. Chairman Burns suggested working with the railroads for oversight since the trains are going by very often. Mr. Thibodeau said that the Department will look into that.

With respect to the Granger Stage Station, Mr. Thibodeau stated that there is a great deal of interest locally. The Station is directly across the street from the Granger Town Hall and the town government has offered to take care of opening and closing the station and providing interpretation at the town hall.

The Piedmont Charcoal Kilns are located on the town site of Piedmont. The Department has been working with the Uinta County Historical Society to place an interpretive kiosk. Mr. Thibodeau noted that the adjacent landowner has been very helpful with the project as well.

The second strategy is a request for $11,913,251 to fund interpretation at all historic sites. Mr. Thibodeau showed the committee an example of the signage the Department is installing for interpretation at Legend Rock. He noted that the Department is expanding its signage program and described how the signs are developed to be durable. The total request for interpretation includes $10 million in new construction, most of which is at South Pass City. Joe Ellis, South Pass City Superintendent, testified that the money is for a visitor center. He stated that the Department currently has 80,000 objects that are being stored in a stone cellar. The visitor center would include an archeological storage area as well as a display center.

The third strategy is a request for $200,000 to hire a consultant to develop a comprehensive plan for historic sites.

Finally, the Department is asking for an ongoing budget for operations and maintenance. This budget would include expenses for interns assigned to specific sites. The committee asked why the Department has not asked for this money through their supplemental budget request. Linda Reynolds noted that there are strict limits on what would be accepted as a supplemental budget request. The Department is asking for additional staffing at various sites which includes 15 seasonal positions and 4 full time positions. The committee asked for a detailed breakdown of exactly what is going to be done at each site and how each dollar amount was developed.

Mr. Simpson testified that this is the request that they feel will finally allow the State to realize the potential of the cultural tourism product in the State. He noted that the Department has been consistently understaffed for the very basic functions it is required to provide. He noted that the Department would not be able to transfer positions from other jobs due to this over extension.

Diane Shober, State Tourism Director, testified in support of the requests. She noted that developing State owned assets will increase overall tourism in the State. She testified that adding an interpretive aspect to these sites will extend the length of visitors' stays. The committee asked the Department to also be prepared to show the cost/benefit numbers to defend this request.

The committee directed staff to work with the Department to draft a bill for an appropriation request.

South Pass City Land Patent Transfer.

Linda Reynolds testified that the process of transferring land in South Pass City started 17 years ago. The Bureau of Land Management just recently notified the Department that they are finally ready to take action on this 17 year old request.

Joe Ellis, Superintendent of South Pass City, provided a presentation. (Appendix 11). The Department wants to obtain a patent to 6 lots that currently belong to the BLM, totaling 72 acres. The transfer is to occur pursuant to federal law. Many of the buildings on the site are located on these lots and have been leased by the State since 1968. The Department is seeking this land transfer to ensure one management policy throughout the South Pass C ity site. Mr. Ellis described the importance of the lands that they are seeking to obtain in this transfer. He noted that the Department intends to put a trail along the historic buildings on one of these lots.

On one of the lots there are mine tailings from the Carissa Mine but the BLM has asked the Department to accept the property as is and then mitigate the tailings. He noted that they are working with AML and DEQ to fund this although they do not expect the cost to be high.

The additional costs for interpretation and trail are anticipated to be approximately $326,000. The building of the trail is a condition of the transfer under the federal process allowing for the transfer. Additionally, the Department is asking for a waiver of the site criteria process, legislation approving the transfer subject to the conditions stated, funding for the improvements and a statutory change to reflect the new boundaries of the state park.

The committee directed staff to draft a bill to handle the request.

Fort Bridger

Mr. Thibodeau testified that the Attorney General wrote an opinion that the Department cannot accept land unless they have legislation that accepts the property. Mr. Thibodeau testified that Uinta County would like to give the Department lands that encompass the entrance to Ft. Bridger State historic site. He noted that the Historical Society has raised $50,000 to purchase a monument of Jim Bridger that they will put on this land. Mr. Bonds provided a map of the land in question. (Appendix 12). He stated that the Department would like a bill that accepts the transfer from the county and redefines the boundary of the site to reflect this transfer and other lands that have already been transferred in the past.

The committee directed staff to draft a bill to accomplish this request.

Cultural Heritage Tourism Incentive Program

Sara Needles provided a presentation on an incentive program for communities to create cultural heritage corridors. (Appendix 13). She testified that the initiative would create a subcategory of grants under the Cultural Trust Fund to facilitate development of cooperative regional tourism strategies. The trust fund board would coordinate with state parks and cultural resources Department, Department of tourism and local tourism agencies to develop rules to establish grant requirements. The funding would come from a general fund appropriation to the cultural trust fund earmarked for these types of grants. Ms. Needles stated that the trust fund currently has $11.5 million in corpus, which amounts to around $400,000 in interest annually that may be granted. She stated that this meets approximately 20% of the grant applications applied for.

Mr. Simpson noted that this proposal provides a mechanism for allowing communities to work together to create cultural heritage corridors. The plan is to require the grant applicants to become cultural heritage corridors before applying for grants under the program.

The committee discussed the necessity of including the industries that helped develop the history of the corridors.

Mr. Simpson stated that he will meet with stakeholders and look into how much the appropriation would be needed.

The committee directed staff to draft a bill allowing for this program.

Arts Council Statutes.

Ms. Needles described problems the Department sees with the arts council statutes. (Appendix 14). She stated that the role of the Department of State parks and the role of the arts council have become confused. She stated that the second issue is whether general funds under the endowment can be granted to non-profit organizations, which has been the on-going practice.

Ms. Needles testified that the attorney general issued an opinion that the statutes allow the current practices but that the language could be clearer. The committee directed staff to draft a bill to clarify the language to match practice.

Arts in Public buildings

Ms. Needles provided a presentation on art in public buildings. (Appendix 15). Statutes require 1% of the cost of major public building to be used for arts. The statutes do not make this requirement for major renovations like the recent renovation of the supreme court building. The Department would also like to see this requirement apply to university buildings. Finally, school buildings are excluded from the requirement and the Department believes that school buildings would benefit the most from incorporation of public art. Ms. Needles provided examples of public art that was created under this statute. (Appendix 16). Ms. Needles pointed out that there is a $100,000 cap on the requirement. The Department would like to see the cap removed. She noted that 10% of the one percent is required to be set aside for maintenance of the art.

Mr. Simpson noted that because so many building types were exempted out of the statute there have been only three buildings where it applied in the last 17 years, and those three buildings were all correctional facilities.

Rita Basom, Arts Council, testified that the council doesn’t want to change the 10% requirement because they don’t want to take away from the total amount to be used for the art. They would like to see a separate appropriation that would take care of maintenance of not only the new art projects but older projects as well. The committee discussed how the appropriation for a maintenance fund should be treated in a different bill from the other requests.

The committee directed staff to draft a bill to meet the requests as amended.

Historic Mine Trails and Byways Commission

Mr. Simpson testified that the commission has languished without the late Senator Peck’s leadership. Sara Needles provided the annual report of the commission (Appendix 17). She stated that there has only been one nomination for a historic mine trail or byway in the history of the program. The commission has been using the annual appropriation for interpretative signage. The Department proposes to have the appropriation for the system transferred to the monuments and markers program which is currently unfunded. Representative Davison noted that the intent of the program was not to only fund signs. Ms. Needles stated that the legislation could repeal the byways commission and expand the markers and monuments program to include the original intent of the byways commission.

Diane Shober testified that the tourism Department could help the Department of State parks re-elevate this issue.

The committee directed staff to draft a bill transferring the appropriation to the monuments and markers program subject to the provisions of W.S. 36-8-1402(a) and (b). The commission statutes would then be repealed.

State Parks – Other Issues

Mr. Simpson testified that Mrs. Gowdy arranged to have John Morris, the CEO of Bass Pro Shops to fly to Cheyenne and meet with the Department and legislators. Mr. Morris pledged $100,000 to the park to remember Curt Gowdy. He noted that he may be willing to donate more to provide for an interpretive center if the legislature steps up to the plate. Mr. Simpson suggested that at some point the legislature may want to consider a trust fund for state parks and recreation that would be able to leverage State funds. There was committee discussion about Curt Gowdy’s legacy and his impressive career.

Mr. Simpson also testified that the State was successful in its summary judgment against the irrigation district regarding access to Hawk Springs State recreation area. The issue brings up the question of differences between state parks and state recreation areas. The Department is concerned about whether rangers have authority to enforce rules and regulations on those recreation areas. The committee directed staff to draft a bill to clarify that state park rangers have authority to enforce rules and regulations on recreation areas as well as state parks.

Mr. Simpson updated the committee on the status of the demolition of houses next to the historic governor’s mansion. He also updated the committee on the fact that the Miner’s Delight property near South Pass C ity is still up for sale. Mr. Simpson stated that he would let the committee know about the details of the land sale.

The next meeting was scheduled for September 17 & 18 in South Pass City.

Ernie Over, State Parks Commissioner, testified that Lander has just opened a new museum facility that will also house Lander’s visitor facility.

Meeting Adjournment

There being no further business, Co-Chairman Bruce Burns adjourned the meeting at 2:00 p.m.

Respectfully submitted,

Bruce Burns, Co-Chairman Pat Childers, Co-Chairman

Appendix	Appendix Topic	Appendix Description	Appendix Provider
1	Committee Sign-In Sheet	Lists meeting attendees	Legislative Service Office
2	Committee Meeting Agenda	Provides an outline of the topics the Committee planned to address at meeting	Legislative Service Office
3	Game and Fish	09 LSO 0058.W1 – Game and fish-immunocontraceptives.	Legislative Service Office
4	Game and Fish	09 LSO 0056.W2 – Game and fish-trapping.	Legislative Service Office
5	Game and Fish	Snaring legislation – synopsis	Game and fish
6	Game and Fish	Written testimony	Gene Lovin
7	Game and Fish	Educational materials	Gene Lovin
8	Game and Fish	09 LSO 0057.W1 – Shed antler collection	Legislative Service Office
9	Game and Fish	Legislation proposals	Game Warden's Association
10	State Parks & Cultural Resources	Strategies for Sites in jeopardy	State Parks and Cultural Resources Department
11	State Parks & Cultural Resources	South Pass City land transfer summary	State Parks and Cultural Resources Department
12	State Parks & Cultural Resources	Ft. Bridger land transfer map	State Parks and Cultural Resources Department
13	State Parks & Cultural Resources	Cultural heritage tourism incentive program	State Parks and Cultural Resources Department
14	State Parks & Cultural Resources	Wyoming Arts Council statutes	State Parks and Cultural Resources Department
15	State Parks & Cultural Resources	Art in public places statutes	State Parks and Cultural Resources Department
16	State Parks & Cultural Resources	Examples of art in public places	State Parks and Cultural Resources Department
17	State Parks & Cultural Resources	Report from Historic Mine Trails and Byways Commission	Historic Mine Trails and Byways Commission