Why Are The Outfitters Getting Wyoming G&F Commissioner Tags??!!

By Rob Shaul

This year the Wyoming Outfitter and Guides Association received three G&F Commissioner Complimentary Tags.

If you're not familiar with this corrupt system, each G&F Commissioner receives eight elk, deer or antelope tags each year, which he or she can donate to a "charitable nonprofit organization." The receiving organization then auctions or raffles off the tag as a fundraiser.

Most of the nonprofits who receive Commissioner Complimentary Licenses chose elk tags, and recent auction prices for these Wyoming elk tags go for $18,000+ each year. More can be raised if the tags are sold through raffle tickets. Most the tags are purchased by nonresidents, and they are limited quota tags which can be used in all but two or three elk areas - which is why they are so valuable.

You would think the G&F Commissioners would give these tags only to Wyoming-based, wildlife focused charitable nonprofits, but this isn't the case. Many go to out-of state organizations, and to nonprofits which have nothing to do with hunting - including music festivals, church groups, American Legion baseball teams, etc.

For a full study/report on this corrupt system, click HERE. Click HERE to see where this year's (2021) Commissioner Tags were donated.

Every year, the Wyoming Outfitter & Guide Association receives at least one Commissioner Tag. The money raised from the sale/auction of the tag comes without strings - so the WYOGA could have used money from the auction of the Commissioner tag it received last year to hire the political lobbyist who worked against this year's 90/10 bill.

The regulations dictate that the Commissioner Tags be donated to a "charitable nonprofit". The regulations state, "“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.""

They Wyoming Outfitter and Guides Association is a nonprofit organization, but not a "charitable" nonprofit focused on providing the "general public" with benefits. Charitable nonprofits are classified as 501(c)(3) organizations with the IRS, but the WYOGA is classified as a 501(c)(6) organization - or a Business League. 

In the incorporation paperwork filed with the Wyoming Secretary of State, the WYOGA stated that it was a "Trade association for its members that conduct outdoor outfitting services."  The WYOGA is a business organization laser focused on increasing the business environment for outfitters. This includes efforts to increase tags for nonresident hunters at the expense of tags for resident hunters. 

The WYOGA has a history of working strongly against resident hunters when it comes to tag allocation. In 1998 the WYOGA sued the Wyoming G&F Commission over resident tags preference both in terms of the number of tags given to residents and the higher tag prices for nonresident hunters. With their lawsuit, the WYOGA tried to equalize resident and nonresident tags in Wyoming, both in terms of numbers and prices. They lost, thankfully, when the federal court ruled that the game belonged to the state and Wyoming could allocate and tags and charge tag fees in any way it chose. 

In 2016 the WYOGA and their allies on the G&F Commission tried to sneak through an increase in nonresident limited quota elk tags through a study and change at the G&F Commission level. They wanted to increase the current 16% nonresident limited quota elk tag allocation to 20%. Seeing this effort is what got me going on Wyoming's tag allocation problems. 

Most recently, the WYOGA has lobbied against our efforts to change Wyoming's limited quota tag allocation to 90/10 - 90% for resident hunters, 10% for nonresident hunters - which is what Montana and most of our neighboring states already have. 

So why is the WYOGA receiving Commissioner Tags when it clearly isn't a "charitable nonprofit?" Good question.

This year, G&F Commissioners Crank, Brokaw and Byrd each donated a tag to the WYOGA.

I'm pissed about this and you should be too.

Yesterday, Mountain Pursuit sent a letter to the Wyoming Game & Fish Department License Review Board challenging the donation of these Commissioner Tags to the WYOGA. If the License Review Board doesn't pull these tags from the WYOGA, we'll consider legal action.

See below for the text of our letter to the License Review Board

****************

License Section Manager / License Review Board
Wyoming Game and Fish Department, 
5400 Bishop Boulevard
Cheyenne, Wyoming, 82006-0001

March 24, 2021 

To: Wyoming Game & Fish License Review Board
Fm: Rob Shaul, President, Mountain Pursuit, Inc. (501)(c)(3)

Subj: 2021 Issuance of Wyoming Game & Fish Commissioner Complimentary Licenses to The Wyoming Outfitter & Guides Association - An Entity which is not Nonprofit Charitable Organizations as Defined and Required by Statute and Regulations 

Dear Board Members, 

Wyoming Game & Fish Department Regulations Chapter 44, Section 3, Part (dd) establishes the License Review Board to "review and determine all license reservation requests, license refund requests, preference point issues and other license or permit issuance matters."

State Statute 23-1-705(g) and Game & Fish Department Regulations Chapter 44, Section 12 "Commissioner Complimentary Licenses", Part (a) authorizes each appointed Commissioner to issue Complimentary antelope, deer or elk licenses 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."

Finally Chapter 44, Section 12, Part (vi) states ".... the Department shall require an authorized officer of the recipient organization to certify under penalty of law that the respective organization is a nonprofit charitable organization as defined in this regulation and eligible to receive the Commissioner Complimentary license authorization." 

The Wyoming Outfitter and Guides Association received three, 2021 Commissioner Complimentary Licenses, one each from Commissioner Crank, Commissioner Brokaw and Commissioner Byrd. 

Mountain Pursuit believes the Wyoming Outfitter and Guides Association does not meet the Chapter 44 definition of "Nonprofit Charitable Organization."  

The Internal Revenue Service (IRS) classifies "Nonprofit Charitable Organizations" as 501(c)(3) organizations. Donations to 501(c)(3) organizations are tax deductible, and 501(c)(3) organizations cannot engage in political activity, including lobbying.

The Wyoming Outfitter and Guides Association is classified as a 501(c)(6) organization with the IRS and identified as a "Business League."

According to the IRS, "A business league is an association of persons having some common business interest, the purpose of which is to promote such common interest and not to engage in a regular business of a kind ordinarily carried on for profit. Trade associations and professional associations are business leagues."

By IRS definition, a 501(c)(6) nonprofit organization, Business League, is designed to promote the business conditions for the line of business for the members of the organization. 

Again, 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." 

The Wyoming Outfitter and Guides Association was not established, nor does it engage in activities benefiting the "general public." Rather, the Wyoming Outfitter and Guides Association is focused on improving the business conditions for its members. 

The Wyoming Outfitter and Guides Association's Articles of Incorporation filed with the Wyoming Secretary of State, states its business as a "Trade association for its members that conduct outdoor outfitting services." 

In March 2021 the Wyoming Outfitter & Guides Association hired a lobbyist and engaged in political lobbying activity at the 2021 Wyoming Legislative Session opposing legislation which would have benefited Wyoming's resident hunters by increasing the number of limited quota tags allotted to them, and benefited the Wyoming Game & Fish Department by increasing annual revenue by $8 million/year. Its stated reason for opposing this legislation was the potential business and financial impact on outfitters and guides. 

Mountain Pursuit believes the three, 2021 Commissioner Complimentary License donations to the Wyoming Outfitter and Guides Association do not, or may not, meet the Chapter 44 definition of "Nonprofit Charitable Organization," and requests the License Review Board review, and if appropriate, withdraw these Commissioner Complimentary Licenses prior to the Department issuing the tag in question to the individual hunter who won it at auction or raffle. 

Please keep us abreast of the Board's schedule to take up this matter, and the outcome. 

As well, please explain the specific process the Board uses to determine the whether or not an organization which receives a Commissioner Complimentary License donation meets the Chapter 44 definition of "Nonprofit Charitable Organization."

Respectfully, 

- Rob Shaul
rob@mtnpursuit.org