Joint Travel Committee Minutes

Committee Meeting Information

September 17 & 18, 2008

Ervin Store

South Pass City, Wyoming

Committee Members Present

Senator Bruce Burns, Co-Chairman

Representative Pat Childers, Co-Chairman

Senator Pat Aullman

Senator Hank Coe

Senator Mike Massie

Representative Kermit Brown

Representative Bernadine Craft

Representative Kathy Davison

Representative Patrick Goggles

Representative Jerry Iekel

Representative Allen Jaggi

Representative Bill Thompson

Committee Members Absent

Senator Jayne Mockler

Representative Jim Slater

Legislative Service Office Staff

Lynda Cook, Staff Attorney

Others Present at Meeting

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 (September 17 & 18, 2008)

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

The committee heard testimony 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, trapping, increased penalties for certain violations and penalties for dogs chasing wildlife.

Call To Order (September 17, 2008)

Co-Chairman Bruce Burns 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

The minutes of the July meeting were approved.

The Atlantic City Historic Society provided written testimony thanking the committee for their efforts to preserve the area’s special historical nature. Steve Navarri, geologist and miner, read the testimony. (Appendix 3).

Department of Tourism

Diane Shober provided a presentation about the Travel and Tourism program. (Appendix 4) She presented the 2007 economic impact analysis. The report shows the state had $676 million in employment earnings due to tourism. Ms. Shober updated the committee on opportunities in the film industry. She testified that the department is partnering with the Jackson Hole film institute to create technical film crew training classes. She discussed the Wyoming short film contest won this year by David Gonzales of Jackson and showed the committee clips of his films.

Ms. Shober discussed signage that the department has created to promote tourism and cultural corridors in the state. She also informed the committee about efforts to increase foreign tourism in Wyoming.

The committee discussed how the department is handling the situation regarding snowmobile access to Yellowstone. Ms. Shober expressed concern that the market is forced to react to a judge's decision.

Ms. Shober explained what the department will be doing in the next year to increase tourism in the state including discussion of the department’s marketing plan and 2009-2010 supplemental budget request. The committee discussed the welcome center request in that budget and its potential effect on the economy. The committee also discussed the level of funding for the agency in comparison to other states.

Department of State Parks and Cultural Resources

09 LSO 0137.W2 – State historic sites – appropriations. (Appendix 5)

Dominic Bravo, State Parks Director, presented the bill. The bill provides specific appropriations for capital construction, interpretation, consulting and operations and maintenance for state historic sites. The bill also provides for positions for staffing historic sites. Mr. Bravo provided a handout that describes the different projects. (Appendix 6). The committee discussed how subsection (b) of the bill should break out the dollar amounts. The committee chose to direct the department to have a handout that breaks out those numbers ready for the appropriations committee when they work the bill. Darrell Trembly, regional supervisor, discussed the need for operation and maintenance money for unstaffed historic sites. The committee discussed why the budget requests were not included in the department’s annual budget request. Mr. Simpson explained that the need arose as a result of the travel, recreation, wildlife and cultural resources interim committee’s in depth study of these sites during this interim session.

The bill was moved and seconded.

The committee amended the bill to reflect that one-time requests come from the budget reserve account. The bill was also amended to reflect people first language and to include another $538,500 for infrastructure and repairs at the Carissa mine site. There was discussion about the need for this committee to put forth all the needs of the department and to honor the memory of Senator Bob Peck. There was discussion on whether to include the operation and maintenance appropriation for the unstaffed historic sites.

The bill passed as amended unanimously.

09 LSO 0135.W2 – State parks and cultural resources-Fort Bridger. (Appendix 7)

Milward Simpson explained that the bill authorizes the acceptance of certain lands to be included in the Fort Bridger State historic site.

Representative Jaggi proposed the bill be amended to allow the state to purchase an additional 70 acres (Giorgis Property) at fair market value. Rep. Jaggi described the historical significance of the property. The committee chose not to make that amendment at this time.

The bill passed unanimously.

09 LSO 0134.W1 – State parks and cultural resources-South Pass City. (Appendix 8)

Mr. Simpson explained that the bill increases the description of old south pass city historical site, accepts the transfer of land from the Bureau of Land Management and provides an appropriation for construction of a trail and mitigation requirements which the BLM has made a condition on the land transfer.

The bill was amended to reflect a more accurate appropriation.

The bill passed unanimously as amended.

09 LSO 0131.W2 – Historic mine trail and byway program. (Appendix 9)

Mary Hopkins, State Parks department, explained the bill to the committee. The bill transfers authority over the historic mine trail and byway program to the department of state parks and cultural resources and repeals the separate commission overseeing the program.

The committee amended the bill to remove the requirement that nominations go through a statutory process which the department indicated has been too wieldy and difficult to follow in the past, resulting in only one designation since the inception of the program.

The bill passed (Davison opposed) as amended.

09 LSO 0146.W2 – Cultural tourism and heritage areas

09 LSO 0147.W2 – Cultural trust fund-cultural and heritage areas. (Appendices 10 and 11)

Chairman Burns explained that the two bills provide alternate methods for providing grants for the development, designation and promotion of cultural and heritage areas. 09 LSO 147 administers the program through the cultural trust fund and 09 LSO 146 creates a separate grant program within the department of state parks and cultural resources. The department recommended the separate program provided in 09 LSO 146. Mr. Simpson provided a spreadsheet showing the anticipated grants under the program. (Appendix 12) The committee discussed the affects of such a designation on private landowners who do not want to be involved in the promotional aspect of the grant.

Margo Sabec, representing Devon Energy, expressed concern regarding the designation of private lands for the purpose of preserving a cultural heritage. She is concerned that the practical effect of the designation, even under a simple grant program like this, will be requirements placed on those corridors to preserve the corridors. She is concerned that a designation under this program would be required to be considered in any NEPA review of activities in that area.

The committee moved 09 LSO 0146.W2 and amended the bill as follows:

Page 2-line 19: (c) The purpose of this act is to promote tourism and it shall not be cited or employed to affect land and mineral use policy, permitting or regulatory decisions.

Page 5-line 3: (iv) Require the approval of a person who owns a developed area that may be promoted as a destination point in a culture and heritage area.

The bill passed as amended (Aullman, Davison, Iekel and Jaggi opposed).

09 LSO 0130.W2 – Works of art in public buildings. (Appendix 13)

Rita Basom, Arts Council Director, explained the bill to the committee. The bill amends the works of art in public buildings statutes to apply them to major public building renovations and to school buildings. The bill allows the funds allocated for maintenance to be used for maintenance of all art in public buildings regardless of whether it was placed pursuant to the program. The bill also allows school districts and community colleges final approval of the works of art to be placed in their facilities.

The bill was amended to provide an appropriation to the account for maintenance of works of art in public buildings.

The committee discussed a letter they received from the University of Wyoming requesting that the university be excluded from the bill. However, it was noted that the statutes always applied to institutions of the state so it is unclear how they were excluded in the past.

The bill was amended to exclude the University of Wyoming from the provisions of the statutes

The bill passed as amended (Coe, Davison and Jaggi opposed).

09 LSO 0148.W2 – Wyoming arts council-revisions. (Appendix 14)

Mr. Simpson explained that the bill separates the arts council statutes from the arts endowment. The bill clarifies statutes to reflect current practices.

The bill passed unanimously.

Game and Fish Department

Steve Pharrel, Director of the Game and Fish Department, introduced himself. He updated the committee on the status of the litigation and negotiation with the Fish and Wildlife Service over wolf management. He expressed frustration over the lack of communication with the USFWS. There was discussion about the reported decline in the number of wolves. The department noted that they have no way to confirm the USFWS claim of decline. He also noted that the department is looking at DNA samples to determine genetic diversity. The committee asked if the federal agencies are controlling how the management of wolves will occur after delisting, then what is the advantage of delisting to the state. Mr. Pharrel indicated that the state is a better entity to deal with the citizens of Wyoming and can bring more solutions to landowners that the federal agencies are unwilling to do. It was also noted that state management allows for management of the species as part of the overall management of wildlife in balance with each other.

09 LSO 0056.W4 – Game and fish – trapping. (Appendix 15)

Scott Talbot, Assistant Division Chief, explained the bill. The bill authorizes the commission to promulgate rules governing the methods, procedures and specifications for trapping and snaring. The bill also requires checking of snares once a week. The bill came about because the department felt there was an unacceptable level of nontarget mortality with snares. The bill changes the notification requirement when a trapper removes a nontarget wildlife from a trap or snare. Mr. Talbot explained the process by which the department worked with various interest groups to develop the legislation. He noted that the trappers association supports the mandatory checking of snares but did not support many of the other provisions.

Bryce Reese, Woolgrowers Association, testified in support of the bill. He noted that USDA wildlife services does most of the snaring in the state and this bill matches what their procedures currently are.

Bob Wharf, Sportsmen for Fish and Wildlife, testified that the trapping association members prefer to see the details of trapping rules in the statutes. He indicated that the concern is largely based on a preference to leave the details to the legislature rather than the department. However, Mr. Wharf testified that he is in support of the legislation as it is written.

The committee amended to bill to allow for promulgation of rules immediately and the rest of the provisions to become affective September 1.

The bill passed unanimously.

09 LSO 0058.W2 – Game and fish-immunocontraceptives. (Appendix 16)

John Emmerich, Deputy Director, presented the bill. The bill allows the department to regulate the use of immunocontraceptives in wildlife. Mr. Emmerich explained the federal and state regulations that control the licensing of these types of products.

Bryce Reese testified in support of the bill.

The bill passed unanimously as amended.

09 LSO 0104.W1 – Game and fish violations-penalties. (Appendix 17)

Scott Talbot explained that the bill creates a felony penalty for second or subsequent conviction for poaching trophy game animals or wanton destruction of big game animals.

Bryce Reese expressed concern over the opportunity for mischief when a livestock producer has to kill a bear who is killing livestock.

Bob Wharf, Sportsmen for Fish and Wildlife, testified in support of the bill.

The bill was amended to allow prosecutors latitude to decide how to prosecute the case.

The bill passed as amended unanimously.

09 LSO 0102.W1 – Game and fish penalties. (Appendix 18)

Scott Talbot explained that the bill is a clean up of a conflict between two bills that passed last legislative session.

The bill passed unanimously.

09 LSO 0103.W1-Dogs chasing wildlife. (Appendix 19)

Mr. Talbot explained that the bill is designed to permit game wardens to issue citations to the owners of dogs harassing wildlife. The bill was amended to reflect the LSO recommended language.

The bill passed unanimously as amended.

Other issues.

John Emmerich discussed a bill the department would like to support to provide more licenses to youth with life threatening illnesses. They would also like to raise the age of those youth.

He also noted a bill that would allow for a separate bighorn ewe license. He noted a bill being brought by the state veterinarian to regulate feeding of elk as way to control brucellosis. They are also working with the state veterinarian on a bill to allow lethal take of feral animals as a way to control disease transmission. Finally they are looking to change the deadline date for submission of landowner coupons.

The committee discussed the issue of addressing lottery. Management council approved additional funding to study the issue of lottery in Wyoming. Chairman Burns suggested that his information so far has convinced him that the issue is too large to be addressed by a subcommittee at one meeting. He recommended putting off the study for a full interim topic in the next session.

Meeting Adjournment

There being no further business, Co-Chairman Childers adjourned the meeting at 11:30 a.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	State Parks	Written testimony	Atlantic City Historical Association
4	Tourism	Presentation	Diane Shober
5	State Parks	09 LSO 0137.W2-State parks and historic sites-appropriations	Legislative Service Office
6	State Parks	Strategies for sites in jeopardy	State Parks and Cultural Resources
7	State Parks	09 LSO 0135.W2-State parks and cultural resources-Fort Bridger	Legislative Service Office
8	State Parks	09 LSO 0134.W1-State parks and cultural resources-South Pass City	Legislative Service Office
9	State Parks	09 LSO 0131.W2-Historic mine trail and byway program	Legislative Service Office
10	State Parks	09 LSO 0146.W2-Cultural tourism and heritage areas	Legislative Service Office
11	State Parks	09 LSO 0147.W2-Cultural trust fund-cultural and heritage areas	Legislative Service Office
12	State Parks	Expense estimates	State Parks and Cultural Resources
13	State Parks	09 LSO 0130.W2-Works of art in public buildings	Legislative Service Office
14	State Parks	09 LSO 0148.W2-Wyoming arts council-revisions	Legislative Service Office
15	Game and Fish	09 LSO 0056.W4-Game and fish-trapping	Legislative Service Office
16	Game and Fish	09 LSO 0058.W2-Game and fish-immunocontraceptives	Legislative Service Office
17	Game and Fish	09 LSO 0104.W1-Game and fish violations-penalties	Legislative Service Office
18	Game and Fish	09 LSO 0102.W1-Game and fish-penalties	Legislative Service Office
19	Game and Fish	09 LSO 0103.W1-Dogs chasing wildlife	Legislative Service Office