040-69 Wyo. Code R. §§ 69-2 - Definitions

Definitions shall be as set forth in Title 23, Wyoming Statutes, Commission regulations and the Commission also adopts the following definitions:

(a) "Aquaria" means any enclosures used to contain organisms that prevent escape. Aquaria shall have a closed system of water circulation with no risk of contacting the surface waters of the state of Wyoming. Aquaria does not include ornamental ponds.

(b) "Certificate of Veterinary Inspection" means an official health certificate issued by a licensed and accredited veterinarian.

(c) "Cold-Blooded Wildlife" means all fish, amphibians, reptiles, mollusks, crustaceans, their viable gametes (eggs and sperm), fertilized eggs and any transgenic product or hybrid thereof.

(d) "Commercial Use" means utilizing wildlife in sale, trade, barter, brokerage, or other commerce.

(e) "Drainage" means the river or stream proper and the area of land, including all streams and standing waters, which drain into that river or stream. For the purpose of this regulation, drainage shall be defined at the U.S. Geological Survey eight digit hydrologic unit code (8-digit HUC).

(f) "Holding Facility(ies)" or "Facility" means the physical structure designed to confine and handle live wildlife. The holding facility shall be defined by legal description to the quarter-quarter (1/4-1/4) section or Universal Transverse Mercator (UTM) coordinates where live wildlife shall be possessed or confined. Holding facilities shall include aquaculture facilities, private fish hatcheries (as defined in Commission Regulation Chapter 51, Private Fish Hatcheries), aquaria, ornamental ponds or other structures where wildlife are held or reared for any purpose.

(g) "Hybrid" means any animal produced by crossing species or subspecies.

(h) "Import/Importation" means to bring or cause live wildlife to be brought into Wyoming by any means.

(i) "Importation/ Possession Permit" means a written permit issued by the Department in accordance with this regulation to allow for all or part of the following: importation, possession, transportation, or commercial use of cold-blooded wildlife into or within this state.

(j) "Interstate Transportation Permit" means a written permit issued by the Department through the ports of entry to allow for the transportation of live cold-blooded wildlife throughout the state.

(k) "Marine" means those aquatic wildlife capable of living only in salt water. For purposes of this regulation, fish that migrate between fresh and salt water as part of their life history (anadromous and catadromous) are not marine fish.

(l) "Nongame Fish" means all fish not defined as aquatic invasive species in Commission Regulation Chapter 62, Aquatic Invasive Species and not defined as game fish in Commission Regulation Chapter 46, Fishing Regulation, including those that are commonly considered to be game fish by other states. Nongame fish also includes baitfish, Goldfish (Carassius auratus), koi (as defined in Commission Regulation Chapter 49, Private Fish Stocking), marine fish and tropical fish.

(m) "Ornamental Fish" means any species of fish that are reared or marketed for their beauty or exotic characteristics, rather than for consumptive or recreational use. Many nongame fish, including many marine and tropical fish, Goldfish (Carassius auratus) and koi are ornamental fish. Ornamental fish does not include game fish as defined in Commission Regulation Chapter 46, Fishing Regulations.

(n) "Ornamental Pond" means any outdoor pond constructed as an aesthetic landscape feature that has a closed system of water circulation with no risk of contacting the surface waters of this state and does not include aquaculture facilities, ponds constructed to provide fishing opportunity or ponds used for the confinement or production of baitfish.

(o) "Possess/Possession" as it pertains to live wildlife and as used in this regulation, means to have physical dominion or control over wildlife regardless of ownership; possession also includes constructive possession, where a person knowingly holds the power and ability to exercise dominion and control over wildlife, and has the ability to reduce the wildlife to actual possession.

(p) "Quarantine" means isolation or confinement in a holding facility as approved in advance by the Department, constructed to hold animals in isolation for a certain period of time to ensure they are free of infectious diseases or parasites. Quarantine facilities shall prevent contact between quarantined wildlife and any other animals, prevent escape of quarantined wildlife, and allow humane restraint and handling of quarantined wildlife.

(q) "Tropical Fish" means all species in the genera Tilapia, Coelotilapia, Coptodon, Heterotilapia and Pelmatolapia and all other fish whose survival in water temperatures below fifty (50) degrees Fahrenheit is not documented in the scientific literature.

Notes

040-69 Wyo. Code R. §§ 69-2

Adopted, Eff. 9/15/2022.