Mountain Pursuit Sues the Wyoming Game & Fish Commission Over Tag Donations to the Wyoming Outfitters Association

By Mountain Pursuit

Last week, Mountain Pursuit submitted a lawsuit in Wyoming's 9th District Court against the Wyoming Game & Fish Commission. 

Specifically, Mountain Pursuit opposes the donation of two, 2021 Commissioner Complimentary Licenses to the Wyoming Outfitters and Guides Association (WYOGA), one each from Game & Fish Commissioner David Rael (District 5), and Commissioner Gay Lynn Byrd (District 7).

State statutes and Game & Fish Regulations mandate that Commissioner Complimentary Licenses may only be donated to "nonprofit charitable organizations."  

Regulation Chapter 44, Section 3 "Definitions", part (ll) states, "“Nonprofit Charitable Organization” means an organization which engages in activities providing the general public with benefits designed to aid in educational, moral, physical, conservation, or social improvement and which is not established for profit."

Mountain Pursuit alleges that the WYOGA is not a "charitable" nonprofit as mandated by the statutes as it does not work on behalf of the general public and it outwardly engages in political activity.

The WYOGA is listed as a 501(c)(6), "Business League" non profit organization with the IRS, not a 501(c)(3) "charitable" non profit as required by the statute. 

As well, the WYOGA described itself as a "Trade association for its members that conduct outdoor outfitting services," with its Articles of Incorporation filed with the Wyoming Secretary of State.

"Multiple times over the past several decades, the WYOGA has worked against the interest of resident hunters in favor of the outfitters' nonresident clients," said Rob Shaul, President/Founder of Mountain Pursuit. 

"In 1998 the WYOGA filed a federal lawsuit in a failed attempt to end all resident hunter tag preference and in 2016 they tried to backdoor an increase in limited quota elk tags for nonresidents through the Game & Fish Commission." 

"Most recently, the WYOGA successfully lobbied the State Senate TRW Committee to kill SF0103 which would have increased the number of limited quota big game tags going to Wyoming resident hunters by over 3,500 tags each year, and would have increased nonresident tag prices to bring in $8 million per year for the Game & Fish Department," he continued. 

Under IRS rules, "charitable nonprofits" cannot engage in lobbying or outright political activity - which is what the WYOGA did during this year's legislature in its successful effort to kill SF0103 in committee.

Most Commissioner Complimentary Licenses are auctioned off as limited quota elk tags and bring in $18,000 to $25,000 apiece. "That the WYOGA could raise up to $50,000 from the sale of Wyoming elk tags and then use that money to work against the interests of resident hunters can't be ignored," said Shaul. "That the Game & Fish Commission would even consider tag donations to the WYOGA demonstrates the outsized influence the outfitters have over the Commissioners."

In the lawsuit, Mountain Pursuit asks the court to declare the WYOGA illegible from receiving donated Commissioner Complimentary Licenses and to initiate an updated administrative rulemaking process on the issue of Commissioner Complimentary Licenses to qualifying charitable nonprofit organizations under the regulations.

Mountain Pursuit is a western states hunting advocacy nonprofit headquartered in Wyoming which champions ethical hunting, license preference for resident hunters, and wildlife conservation. More at www.mtnpursuit.org.

Click HERE to read the full complaint.