Wyoming Game & Fish Department: Aquatic Invasive Species Program Scoping Paper

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1 Wyoming Game & Fish Department: Aquatic Invasive Species Program Scoping Paper February 9, 2018 Management Audit Committee Representative Michael Madden, Chairman Senator Dave Kinskey, Vice Chairman Senator Paul Barnard Senator Leland Christensen Senator John Hastert Senator Tara Nethercott Senator Charles Scott Representative Dan Kirkbride Representative Jerry Obermueller Representative Charles Pelkey Representative Nathan Winters Prepared by Joy Hill, Interim Program Evaluation & Research Manager Karla Smith, Senior Program Evaluator

2 February 2018 Notice on Auditing Standards: Scoping papers are not an auditing standards-based research product. Scoping papers are intended to provide the Management Audit Committee with a summary of a potential evaluation topic (including descriptions of basic agency, program, or procedural functions) on which to decide if a full program evaluation is required. This scoping paper was prepared with information obtained from the agency and staff listed. The information was not independently verified according to governmental auditing and evaluation standards. If this topic moves forward to a full evaluation, the evaluation will be conducted as much as practicable according to generally accepted governmental auditing standards promulgated by the Comptroller General of the United States, as required by W.S (e). Information contained in this paper, as well as all subsequent information gathered during the evaluation will be independently verified and reported according to the auditing standards. Page 2

3 Wyoming Game & Fish, Aquatic Invasive Species Terminology These definitions are provided to help explain key concepts in the scoping paper. The language may not directly reflect legal definitions used in federal or state statutes or rules and regulations. Aquatic Invasive Species (AIS) Exotic or non-native aquatic organisms that have been determined by the Wyoming Game and Fish commission to pose a significant threat to the aquatic resources, water supplies or water infrastructure of the state. (W. S ) At-Will Contract Employees (AWEC) For this program, these are temporary and or seasonal employees, whose term of employment may not exceed one year. Commission Wyoming Game and Fish Department Commission Department Wyoming Game and Fish Department Mussels Zebra and Quagga Mussels Program Wyoming Game and Fish Department, Aquatic Invasive Species Program Watercraft Any contrivance used or designed primarily for navigation on the water that is designed to be propelled by paddles, oars, sails or motors, except devices defined as water sport toys. Amphibious vehicles designed for travel over land and water with propeller or jet propulsion systems shall be considered watercraft for the purpose of this regulation. (Wyoming Game and Fish Commission Regulation, Chapter 62, Section 4, (m)) Western Association of Fish and Wildlife Agencies (WAFWA) Western Regional Panel on Aquatic Nuisance Species (WRP) Page 3

4 February 2018 Introduction Background During its July 2017 meeting, the Management Audit Committee (Committee) directed the Legislative Service Office (LSO) Program Evaluation staff to provide a scoping paper on the Wyoming Game and Fish Department (Department) Aquatic Invasive Species Program (AIS or Program). Specifically, the Committee wanted to know the threat these species pose to the State, as well as, the costs and benefits of the Program. The Department has identified the zebra and quagga mussels as the most significant, immediate, and imminent known threat to the State because they have very high reproductive capacity. Currently, these invasive species are not in Wyoming waterways. However, as of 2017, zebra and quagga mussels have been documented in 43 states, including the neighboring states of Colorado, Utah, Montana, Nebraska, and South Dakota, and three Canadian provinces. Prior to 2010, Program officials explained that because of their lack of authority and funding, there was no watercraft inspection program or the ability to compel boaters to submit to inspections and decontaminations. Appendix A provides a summary of the methods the Department was using to control AIS prior to the authorization of the Program. Over the years the Department identified several aquatic invasive species (AIS) threatening Wyoming s waterways. However, because of the high threat potential of specific invasive species, such as the zebra and quagga mussels, the Legislature authorized the 2010 Aquatic Invasive Species Act (2010 Laws, Ch. 98). The Act authorized an appropriation of $1.5 million to establish the Program with the charged to manage and control AIS threats in the State. Initial provisions of the appropriation required the Department to report to the Joint Appropriations Committee and the Joint Travel, Recreation, Wildlife, and Cultural Resources Interim Committee by November 1, 2010 and a follow-up report in November of 2011 regarding implementation progress and long-term funding requirements for the Program. Legislative Action. Since the March 2010 authorization, of the Program, the Legislature made various statutory changes to allow for decal reciprocity between states, to require mandatory inspection of watercraft and other conveyances at Wyoming borders, and to remove the General Fund appropriations. Appendix B provides a more detailed description of the statutory changes. Department regulations. With the creation of the Program, Department officials noted that the Commission adopted rules and Page 4

5 Wyoming Game & Fish, Aquatic Invasive Species regulations. Rules were recently revised in 2017, to incorporate changes based on best practice recommendations of the Western Regional Panel on Aquatic Nuisance Species (WRP) and the Western Association of Fish and Wildlife Agencies (WAFWA). Along with program regulations, the Department developed additional materials to provide direction and detail to maintain consistency in management and control processes. These include: Wyoming Aquatic Invasive Species Management Plan (September 10, 2010), Aquatic Invasive Species Sampling & Monitoring Manual, (revised June 15, 2017), and Informational materials including brochures and signage to educate the public. As required by statute, the Program implemented the boater decal processes. All watercraft operating in Wyoming waters must purchase an AIS decal to help fund the Program. Based on Department information, program regulations detail the decal fee structure and provides an exemption for inflatable watercraft 10 feet in length or less. Watercraft decals are available from the Department website, all automated license selling agents, and at Department regional offices. Funding the Aquatic Invasive Species Program The 2010 authorizing legislation created an account within the Department to which revenues are appropriated to the Commission for the prevention, surveillance, containment of AIS, and operational costs associated with administering the Program. Table 1 identifies the Program revenue by source per biennium. Table 1. Aquatic Invasive Species program revenue. 1, 2 Revenue Sources Revenue Amounts by Fiscal Year FY2010 BFY2011 BFY2013 BFY2015 FY2017 Total Decal Revenue $200,739 $900,000 $1,236,805 $1,293,029 $662,800 $4,293,373 US Forest Service Grants $3,392 $14,561 $36,004 $61,214 $21,939 $137,110 US Fish and Wildlife Service Grants $9,668 $32,424 $62,403 $26,568 $131,063 General Fund $773,561 $879,787 $1,211,543 $1,578,949 $757,662 $5,201,502 Game and Fish Fund $550,187 $243,796 $377,386 $150,116 $60,161 $1,381,646 Total $1,527,879 $2,038,144 $2,861,737 $3,083,308 $1,529,130 $11,013,631 Source: Legislative Service Office summary of Wyoming Game and Fish Department information. 1 These numbers are as of June 30, 2017 and have been rounded. 2 The Legislative Service Office has not verified this data. Page 5

6 February 2018 Since the initial General Fund appropriation in 2010, subsequent biennium appropriations display incremental increases in funding. The Department describes these increases as involving approval of AWEC employees, training, health insurance, supplies, and equipment. Table 2 below provides a summary of those increases. Table 2. Purpose for incremental increase of general fund appropriations. Years Increase Purpose Initial authorization FY2010 Between BFY2011 and BFY2013 Between BFY2013 and BFY2015 $331,756 $367,406 In March 2010, House Enrolled Act 62 established the Aquatic Invasive Species Act (W.S through W.S ). The initial strategy and budget was predicated on twenty-nine contract employees rotating inspection duties among Wyoming s most atrisk waters. The increase between BFY2011 and BFY2013 was a result of training, supplies and equipment required to support 18 additional AWEC employees. They were added to the Program for the purpose of covering additional waters throughout Wyoming. Per statutory direction, most of the inspection efforts were moved to the boarders. The increase between BFY2013 and BFY2015 related to AWEC employees completing the terms of their employment contracts, the issuance of health insurance to qualifying AWEC employees who elected coverage, acquisition of handheld data collection devices and the supporting data services required, and a replacement computer. Source: Legislative Service Office summary of Wyoming Game and Fish Department information. Multiple Revenue Sources In addition to the General Fund appropriations, the Program receives revenue through three sources: Wyoming Game and Fish Commission Fund, Watercraft decal fees, and reimbursable grants. Though not considered revenue by the Department, the Program also receives in-kind contributions from the U.S. Bureau of Reclamation in the form of lab analysis and equipment. The State also receives similar contributions in the form of lab analysis from Montana s Department of Fish, Wildlife, and Parks. Wyoming Game and Fish Commission. The Commission allocates to the Program a portion of funds received through licenses, stamps, permits, and tags. The Commission provided more than $550,000 in funding the initial implementation period and continues to dedicate funds for the Program. See Table 1 above. Decal fees. The fees associated with decals, which are mandatory for all watercraft, provide a significant portion of the Program s total revenue. Decal fees by type remain unchanged since the Page 6

7 Wyoming Game & Fish, Aquatic Invasive Species Table 4. Number of decals sold per calendar year. beginning of the Program. Table 3 represents decal fees as a percentage of revenue. Table 3. Decal fees as a percentage of revenue. Year Decal Percent of Revenue Revenue FY2010 $200,739 13% BFY2011 $900,000 44% BFY2013 $1,236,805 43% BFY2015 $1,293,029 42% FY2017 $662,800 43% Source: Legislative Service Office analysis of Wyoming Game and Fish Department information. Table 4 and Table 5 provide details for decal sales. Table 4 shows the number of decals sold by type for each calendar year (January 1 through December 31). Since the inception of the Program in 2010, the total number of decals sold is 308,612 resulting in $4,331,566 in sales revenue. AIS Decal Decals Sold by Calendar Year Type Total Resident Motorized 20,673 19,914 21,612 17,753 14,433 11,025 9,653 6, ,443 (1 year) Resident Motorized N/A N/A N/A 4,861 5,634 6,385 5,981 6,159 29,020 (3 year) Nonresident Motorized 5,754 5,254 5,771 6,538 6,911 7,354 7,274 3,804 48,660 Resident Nonmotorized 6,504 6,733 8,360 8,942 9,980 11,424 13,379 9,532 74,854 Nonresident Nonmotorized 2,521 2,873 3,716 4,679 5,303 5,967 6,994 2,582 34,635 Total 35,452 34,774 39,459 42,773 42,261 42,155 43,281 28, ,612 Source: Wyoming Game and Fish Department Note: Years represented in the table are for calendar years (January December), unless otherwise indicated. 1 Decals sold through June 30, Table 5 illustrates the decal sales revenue. The Department provided itemization of the revenue amounts as calculated by fiscal years (July 1 through June 30). Table 5 includes: the fee structure for boating decals, sales by type of decals, decal sales amounts by both the fee type and fiscal year, minus the associated decal expenses of credit card fees and License Selling Agent commissions costs. License Selling Agent fees are for decals sold outside of the Department. According to the Department, the Page 7

8 February 2018 Table 5. Decal revenue by fiscal year. Fiscal Years Resident Motorized (1 year) Resident Motorized (3 year) timing of when actual revenue for these sales is recognized depends on when payments are received from license selling agents and regional Game and Fish offices around the state. 1, 2, 3 AIS Decal Type Nonresident Motorized Resident Nonmotorized Nonresident Nonmotorized Total Revenue to be Collected Decal Price $10 $30 $30 $5 $ $206,730 $0 $172,620 $32,520 $37,815 $449, $199,140 $0 $157,620 $33,665 $43,095 $433, $216,120 $0 $173,130 $41,800 $55,740 $486, $177,530 $145,830 $196,140 $44,710 $70,185 $634, $144,330 $169,020 $207,330 $49,900 $79,545 $650, $110,250 $191,550 $220,620 $57,120 $89,505 $669, $96,530 $179,430 $218,220 $66,895 $104,910 $665, $63,800 $184,770 $114,120 $47,660 $38,730 $449,080 Total $1,214,430 $870,600 $1,459,800 $374,270 $519, $4,331,566 4 Source: Wyoming Game and Fish Department. 1 These numbers are as of June 30, 2017 and have been rounded. 2 Years represented in the table are by fiscal year (July 1 June 30), unless otherwise indicated. 3 The difference in total decal revenue between Table 2 and Table 6 is the amount of uncollected revenue through 2017 that will be received in future fiscal years 4 The total revenue to be collected is calculated by the Department as the Total Revenue to be Collected minus the credit card fees of $41,497 and Agent Commissions of $65,562. Program Expenditures Reimbursable grants. Another funding source for the Program is reimbursable grants awarded by the U.S. Department of Agriculture s Forest Service Division and the U.S. Fish and Wildlife Service. Award amounts are listed in Table 1, above. awards these federal grants. According to the Department, the grant awards are effective for multiple fiscal years. As such, expenditures are incurred over the life of the grant agreement and are then subsequently requested for reimbursement per each grant s terms and conditions throughout the effective dates of the grants. See Appendix C for grant amount and reimbursement detail. Because of the focused nature of the Program, expenditures support the main functions of inspections, monitoring, and public outreach. During the implementation phase, nearly 50% of the expenditures came from the Department s Commission budget. At that time, the Department states that the majority of costs were for over 18,000 hours expended by non-ais funded department employees that conducted check stations, provided enforcement support, and supervised technicians. In addition, Department personnel Page 8

9 Wyoming Game & Fish, Aquatic Invasive Species conducted on public outreach, programming, and decal issuance. Equipment, supplies and services comprised another major implementation expenditure. Currently, personnel, support services, and equipment continue to be major program costs. Table 6 presents the Program s overall total expenditures. Table 6. Total program expenditures. Table 8. Total program personnel expenditures. Year Expenditure FY2010 $1,527,878 BFY2011 $2,038,145 BFY2013 $2,861,737 BFY2015 $3,083,308 FY2017 $1,529,130 Total $11,040,197 Source: Legislative Service Office summary of information provided by the Wyoming Game and Fish Department. According to Department officials a large portion of the Program s expenditures are for outreach, equipment, and supplies. For illustrative purposes, Table 7 provides a summary of program expenditures and administrative costs for the biennium. Table 7. Summary of program expenditures for BFY2015-FY2016. Description of Expenditure Amount Support Services $696,036 Central Services/Data Services $38,221 Contractual Services $26,314 Equipment/Vehicle Use $125,493 Department Administrative Costs $231,244 Total $1,117,308 Source: Legislative Service Office summary of information provided by the Wyoming Game and Fish Department. Program personnel expenditures. Along with authorizing the Program in 2010, the Legislature authorized one permanent (FTE) coordinator, one 12-month At-Will-Employee Contract (AWEC), and 29 Seasonal AWEC employees. Table 8 shows personnel expenditures for the implementation phase and the succeeding full operational years. Personnel FY2010 BFY2011 BFY2013 BFY2015 FY AWEC $123,036 $895,923 $1,473,435 $1,774,331 $1,048,880 Full Time $161,922 $175,909 $191,669 $96,604 Total $123,036 $1,057,845 $1,649,344 $1,966,000 $1,145,484 Source: Legislative Service Office summary of information provided by the Wyoming Game and Fish Department. 1 These numbers are as of June 30, Page 9

10 February 2018 Department officials noted the AIS Coordinator was hired on April 14, The Wyoming Game and Fish Commission provided funding for the Program Coordinator s salary and benefits until FY2011, when the general fund appropriation included the position. The AIS Program Assistant (12-month AWEC) was hired on May 1 to assist with implementation of field operations, training, and program logistics. During early May, the 30 AIS inspectors (6- month temporary seasonal employees) were hired; 29 were funded through general fund appropriation and 1 through a U.S. Forest Service grant to the WGFC. Existing WGFC Regional Fisheries Supervisors managed the 30 statewide AIS inspectors, as inspectors are stationed in each of eight WGFC regional offices. Additional personnel needs. Implementation of the Program required the additional involvement of other Department employees, exceeding 40,000 man hours. Currently, the Program requires approximately 50 contract and temporary personnel, including the seasonal AWEC positions stationed in each of the department s regions. There are approximately 45 Program inspectors to assess watercraft at state border inspection locations, as well as major bodies of water and waterways. Table 9 provides specific staffing totals by fiscal year and corresponding total personnel expenditures. Table 9. Aquatic Invasive Species program positions and expenses per fiscal year. Fiscal Year Program Coordinator (FTE) General Fund AWEC Forest Service Grant AWEC U.S. Fish and Wildlife Service Grant AWEC Total AIS Personnel Total Personnel expenditures $123, $451, $606, $705, $943, $925, $1,040, $1,145,483 Source: Legislative Service Office summary of information provided by the Wyoming Game and Fish Department. Potential Consequences of Mussel Infestation There are some AIS currently present in Wyoming waters which include amphibians, crustaceans, fish, and plants such as the New Zealand mudsnail, whirling disease, Eurasion watermilfoil, Asian clam and nonnative invasive fishes. Page 10

11 Wyoming Game & Fish, Aquatic Invasive Species Although not currently in Wyoming, two forms of mussels: zebra (Dreissena polymorpha) and quagga (Dreissena rostriformis bugenis) are the most significant, immediate, and imminent known threat to Wyoming based on their proximity and demonstrated impacts in neighboring states. Zebra and quagga mussel infestation cause serious economic and social costs because of their harmful impact. Once established in connected waterways, there is no known way to eradicate these invasive mussels and require expensive methods of control. Figure 1. Infestation locations for Zebra and Quagga Mussels as of Legend Natural drainage systems Areas with Zebra and Quagga Mussel Infestation Source: Map created by the United States Geological Survey. Note: Legend created by Legislative Service Office staff based on U.S. Geological Survey map. The following are examples of the potential harm and estimated costs associated with mussels. Infected waterways require costly control measures Mussels incapacitate water delivery systems and power generation facilities by clogging pipes, pumps, turbines, and filtration systems. To illustrate the damage, U.S. Congressional researchers estimated that an infestation of zebra mussels in the Great Lakes area cost the power industry $3.1 billion in ; impacts to industries, businesses, and communities exceeded $5 billion during this same period. Page 11

12 February 2018 The average annual cost for managing mussels at a single water treatment facility ranges from $40,000 to $215,000. Currently there are forty Wyoming surface water treatment facilities permitted by the Department of Environmental Quality. If mussels became established, the total cost to control mussels at these facilities would range from $1.7 to $8.6 million per year. Mussels encrust watercraft machinery and hulls. Recreational boaters experience equipment damage. Based on 2009 Idaho research, boat maintenance costs for Idaho boaters in aggregate would increase by $23,850,000 per year. Using the Idaho per boat cost estimate of $265, Wyoming boaters could spend an estimated $6.89 million to combat mussel damage of their engines and on their boat hulls. Mussels harm fisheries. Adult mussels filter-feed primarily on phytoplankton (microscopic plants) from the water. One mussel can filter one liter of water per day. This extreme filtering results in an increase in the clarity of the waters. However, the clearer water compromises the ecosystem balance and productivity of waters by Reducing microscopic plants which serves as the base of the aquatic food chain for feeding young native fish. Increasing sunlight to extended depths thereby fostering abnormal plant growth. Unlike pipes and intake structures, mussel impacts to fisheries are not controllable and losses to fishing opportunity can be significant. An example is at Lake Ontario, lake trout numbers declined by 95% in a ten-year period following infestation. Additionally, Idaho, which has not been infested by these mussels, estimates a loss of $17,507,000 in economic return to the state due to the lost angling opportunity if an infestation occurs. Mussels pose a health threat. As these mussels filter-feed, they accumulate environmental contaminants. Because some types of fish feed on mussels and are consumed by humans and other animals, these pollutants enter the food chain and create additional health concerns. Program Efforts to Prevent and Control AIS Entering the State The Program s strategic efforts for prevention and control of AIS focuses on inspection, monitoring, and outreach, which are consistent with measures endorsed by the U.S. Fish and Wildlife Service. See Appendix A for a listing of the current infected Wyoming waters and control efforts prior to implementation of the AIS Program. Page 12

13 Wyoming Game & Fish, Aquatic Invasive Species The Program Currently uses Several Approaches Against AIS Inspections Program officials explained inspections are the first line of prevention and control of AIS in the State and the most effective means of preventing zebra and quagga mussels from entering Wyoming. Inspections also help keep all present AIS from spreading to new waters because they primarily move from location to location on recreational watercraft, both motorized and non-motorized. Watercraft inspections. In 2010, the Program began watercraft inspections at major bodies of water and waterways throughout the State. In 2012, the Legislature directed an adjustment to inspection locations to include rest areas, ports of entry, and other locations at the State s borders to inspect out-of-state watercraft. Particular attention is paid to standing water onboard the watercraft, including bilge, in the motor, live wells, and ballast tanks, or if the watercraft was last used in waters infested with mussels. Figure 2. Location of watercraft inspections during Legend At Regional offices At waters At borders Source: Map from information provided by the Wyoming Game and Fish Department. Note: Legend created by Legislative Service Office staff based on Game and Fish Department information. Inspection of imported fish. Fish imported through hatcheries hauling tanks into Wyoming waters provide another potential means of mussel infestation. The Program addresses this risk by Page 13

14 February 2018 requiring AIS and disease inspections at source facilities and using the Edward s protocol, which is a chemical bath that kills larval mussels but does not harm fish, to treat imported fish and holding waters. Impact of inspection efforts. One measure of effectiveness of the Program s efforts is the number of inspections performed on watercraft and fish per year. Since 2013, the Program has tracked the number of watercraft inspections for the Governor s Strategic Plan with a goal of conducting 30,000 per year. Since the inception of the Program, the number of watercraft inspections average around 40,000 inspections per year. Program officials also pointed out from 2010 through 2017, more than 238,000 personnel hours have been spent conducting over 335,500 watercraft inspections. Of these, 14,622 were conducted on watercraft believed to be of high risk for transporting AIS. In addition, a total of 4,316 watercraft were decontaminated with high pressure hot water to remove and destroy potential invasive species. Of these, 57 watercraft were intercepted transporting known or suspected zebra/quagga mussels attached to the watercraft. 1 Monitoring State Waters Invasive species early detection is a critical component of controlling populations and preventing spread to new waters. The Program s evaluation of state waters provides the basis for designating a risk level. If waters are determined to be high to moderate risk of infestation of mussels; a yearly survey is conducted of those waters for mussel larvae and adults, as well as other invasive species such as plants, clams, snails and crayfish. High-risk waters are sampled twice seasonally in July and again in the September/October time frame. Program officials further noted that other boatable waters in the State are monitored at least once in the fall. There has been an annual increase of waters surveyed from 44 in 2010 to 93 in Since the Program began, Department officials reported that 108 individual waters, including 78 lakes and reservoirs and 30 creeks and rivers, have been surveyed for AIS. Impact of monitoring efforts. The Program s monitoring activities include sampling waters for all life stages of invasive mussels. According to Program officials, to date, all results for mussels in Wyoming waters are negative with additional results from fall 2017 sampling expected later this fall. 1 High Risk refers to high risk infested water and means a water in any state or province known or suspected to contain Dreissenid mussels. Page 14

15 Wyoming Game & Fish, Aquatic Invasive Species Public Outreach According to the U.S. Fish and Wildlife Service, Fish and Aquatic Conservation Division, and the Wyoming Game and Fish AIS Program, public outreach, awareness, and education, are a critical component of a successful AIS prevention program. Educating boaters and other water users on the threats of AIS and how to prevent the spread converts boaters into advocates that ensure their watercraft are always clean, drained, and dry, and comply with inspection requirements not just because it is the law, but because they have a stake in protecting our resources. Impact of public outreach efforts. Program officials noted that AIS specific signs are maintained at all waters with AIS to notify the public and educate them to Clean, Drain, and Dry to prevent spread to other waters. Outreach activities have included a comprehensive web site, brochures, self-check forms, boat ramp signs, newspapers, electronic advertising, and public presentations. Western States AIS Programs have many similarities Potential Evaluation Questions Department officials stated the Wyoming Program was originally closely modeled after programs that already existed in Colorado and Utah. In turn, Wyoming has assisted programs in Nebraska and Montana with developing and implementing their respective AIS programs. Although funding and boater use varies widely among these states, there remains a high level of consistency in AIS programs across the West. Development of the Wyoming Program also included participation in and collaboration with the Western Region Panel on Aquatic Nuisance Species (WRP), since its inception in 1997and the Building Consensus Group, formed in 2013, to create consistency across the western states AIS programs. If the Committee decides to move forward with a full evaluation of Wyoming Game and Fish Department, Aquatic Invasive Species Program, the scope of the evaluation could include the following areas of study: 1. Compare other states programs and results to the Wyoming Program. 2. Compare national organizations best practices to Wyoming s Program practices. 3. Examine the permanent personnel structure of the program compared to similar programs in comparable states. 4. Review internal controls and conduct data verification. Page 15

16 February 2018 Appendix A Aquatic Invasive Species and control efforts prior to implementation of the AIS Program in 2010 While Zebra and Quagga mussels are deemed the highest-level threat; they have not been found in Wyoming. Several other aquatic invasive species populations have been and currently infest Wyoming waters. Only a few successful eradication techniques exist for many invasive species; therefore the focus is containment. Aquatic Invasive Species already in Wyoming waters are: Asian clam in the Laramie River and North Platte River (downstream of Guernsey Reservoir); Brook stickleback in many warm water streams throughout the state; curly pondweed in Boysen Reservoir, Shoshone River, Keyhole Reservoir, Lake DeSmet, New Fork Lake, and the North Platte River; New Zealand mudsnails in Polecat Creek, Snake River, Bighorn River, Shoshone River, and Lake Cameahwait; and rusty crayfish in Wagonhound Creek. Figure 3. Image of some Aquatic Invasive Species Source: Imagine from information provided by the Wyoming Game and Fish Department to the Legislative Service Office. Original photo acknowledgements as found in the 2010 Wyoming Aquatic Invasive Species Management Plan included: quagga mussels (top left) by Utah Division of Wildlife Resources; bighead carp (top center) by U.S. Geological Survey (USGS); New Zealand mudsnail (top right) by Dan Gustafson, Montana State University; Eurasian watermilfoil (middle left) by Alison Fox, University of Florida, Bugwood.org; zebra mussels (middle center) by USGS; hydrilla (middle right) by Chris Evans, River to River Cooperative Weed Management Area, Bugwood.org; fish infected with viral hemorrhagic septicemia (bottom left) Mohammed Faisal, USGS; rusty crayfish (bottom center) by USGS; Asian clam (bottom right) by Noel Burkhead, USGS. Page 16

17 Wyoming Game & Fish, Aquatic Invasive Species Prior to the AIS program, the Department was without legal authority to enforce compliance and had limited funds available; but they did employ several measures to control for Aquatic Invasive Species. The Department describes those measures: The Department did have regulations to combat illegal fish introductions and worked to educate the public on the long-term, irreversible ecological consequences of illegal fish introductions. The Department received funding from the Wyoming Legislature, renovated some fish hatcheries to reduce the impacts of Whirling disease on fish production and prevent impacts on wild populations. Disinfection procedures had been implemented within the agency to reduce the risk of transporting whirling disease, amphibian chytrid fungus, and AIS between waters via Department personnel or equipment. While limited, the Department conducted education and outreach efforts targeting the importation of AIS from out of state. Source: Legislative Service Office summary of information provided by the Wyoming Game and Fish Department. Page 17

18 February 2018 Appendix B Program Legislative Action Since 2010 Year Statute Purpose 2010 W.S through 205 Authorized the Wyoming Aquatic Invasive Species Act (AIS) (2010 HEA 62) provided interdiction authority and provisions for mandatory conveyance checks, reporting of AIS, enforcement, rulemaking authority, fees, and penalties W.S (g) Created a fund for Aquatic Invasive Species (AIS) decal fees W.S Added to the AIS statute to allow for AIS decal reciprocity between states. The Department indicates that Wyoming has not entered into any reciprocal agreements with surrounding states due to the inherent loss in decal revenue to Wyoming. In addition, neighboring states of Montana (Big Horn Lake), Idaho (Palisades Reservoir), and Utah (Flaming Gorge Reservoir) have not had AIS programs that are at least as restrictive as those in Wyoming W.S Added subsections (h) and (j) to require mandatory inspections of watercraft and other conveyances at the state s borders. The Legislature directed the watercraft inspection program to move from individual Wyoming waters to ports-of-entry and other boarder inspection locations. Since invasive mussels are not found in Wyoming, this shift in inspection location moved the focus of inspection efforts from resident watercraft that rarely, if ever, leave Wyoming waters, to watercraft entering Wyoming waters from out of state W.S (b)(i) through (ii) Amended to allow for electronic rather than paper AIS decal receipts W.S ; W.S (e), (f)(i) through (iii), (j)(i) through (iv), (vi) through (x), (xiii) through (xv), (xviii), (xix), (xxii) through (xxvii), (xxx), (xxxi), (xxxiv), (xxxv), (xxxix), (xliii)(a), (B), (xlvi) and (m); W.S (e); W.S (d)(i) and (viii); W.S (c)(i) through (xii); W.S (b) (intro); W.S b); W.S (f), (k) and (m); W.S (a)(i) and (ii); and HEA0082 House Bill 288 authorized increasing certain fees relating to Game and Fish licenses, preference point, permits, applications, and stamps, increasing certain watercraft fees administered by the Game and Fish Department. HEA0082 budget footnote eliminated General Fund Appropriations for several Department programs including Aquatic Invasive Species if HB0288 passed, and with the expectation the Game and Fish Commission (Commission) provide the General Funding portion. Source: Legislative Service Office summary of information provided by the Wyoming Game and Fish Department. Page 18

19 Wyoming Game & Fish, Aquatic Invasive Species Appendix C Reimbursable Grant funding Reimbursable grant awards for the Aquatic Invasive Species program to date are: Reimbursable Grant source and award amount Fiscal Year The U.S. Fish and The U.S. Forest Service Wildlife Services 2010 $41, $29, $25, $90,348 $24, $5,000 $24, $10,000 $25, $48, $87,490 Total $234,338 $178,305 Source: Legislative Service Office summary of information provided by the Wyoming Game and Fish Department. Note: All amounts are rounded. Grant Revenue in Table 1, indicates the actual amount reimbursed to the Program. Grant reimbursement management: The amounts listed by Grantor and fiscal year in Table 1, are grant awards the Department successfully obtained to support the AIS program implementation. Each grant award is effective for multiple fiscal years (2-5) and only after eligible expenditures have been incurred, recorded, and invoiced will funds be reimbursed to the Game and Fish Department. The dollar amounts presented in the revenue table (Table 1) indicate the total amount of funds reimbursed per biennium from each Grantor. These payments are a result of the Wyoming Game and Fish Department incurring eligible expenditures as specified under each grant agreement s terms and conditions and requesting reimbursement. The maximum amount of reimbursements provided by each Grantor cannot exceed the amounts awarded as identified above. Source: Legislative Service Office summary of information provided by the Wyoming Game and Fish Department. Page 19

20 February 2018 Page 20

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