040-46 Wyo. Code R. §§ 46-6 - Seining and Trapping of Fish
(a) 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.
(i) Seining licenses may be obtained from
Department regional offices or from Cheyenne Headquarters.
(ii) No person shall have more than one (1)
seining license each calendar year.
(b) 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.
(c) Any
game fish taken by trap, net or seine shall be released to the water
immediately.
(d) Any brook
stickleback (Culaea inconstans) taken by a trap, net or seine
must be immediately killed.
(e) All
Goldfish (Carassius auratus) and koi (as defined in Commission
Regulation Chapter 49, Private Stocking of Cold-Blooded Wildlife) taken or
purchased for use as bait shall be killed immediately in accordance with
Commission Regulation Chapter 52, Take of Nongame Wildlife from Within
Wyoming.
(f) Any live nongame fish
captured for use as dead bait shall be killed immediately and shall not be
transported live.
(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 unless in possession of a valid seining license and written
permission from the seining license holder.
(h) 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.
(i) All aquaria and enclosures shall have the
owner's name and seining license number attached while in use.
(j) 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.
(k) 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.
(l) A seining license holder shall not sell,
trade, barter or broker live baitfish without first possessing a valid live
baitfish dealer's license.
(m) 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.
(n)
A seining license holder shall be allowed to give dead baitfish to other
anglers for use as dead bait.
(o)
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 of this chapter.
(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.
(ii) A seining license
holder may appeal a Department decision made under the authority of this
chapter by submitting a written request to the Chief of Fisheries at Department
headquarters for reconsideration within thirty (30) consecutive days from the
date of receipt of written notification of the decision being contested. If a
licensee fails to request an appeal within thirty (30) consecutive days, the
licensee shall waive their ability to make any future appeal of the
Department's decision. Appeals shall be conducted in accordance with the
Department Decision appeals process described in Commission regulation Chapter
51, Private Fish Hatcheries.
Notes
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