Wyoming Senate committee backs bill removing otters from statutory "protected" list after extended debate

CHEYENNE, Wyo. — The Wyoming Senate Committee of the Whole on Feb. 12 voted to report House Bill 45 with a favorable recommendation, a measure that would remove river otters from a statutory list of protected animals and reclassify them as nongame species under state Game and Fish authority.

Supporters, including sponsor Senator Gregg Landon, said the change would give the Wyoming Game and Fish Department more flexibility to manage local conflicts between otters and private fish ponds and would not itself authorize hunting or trapping. "All we're doing is putting these otters in a situation where our Game and Fish Department can better manage them and perhaps relocate an otter or two if that situation ever arises," Landon said.

Opponents and several senators pressed for more population data and warned the statutory change could be a first step that ultimately allows trapping or hunting after agency rulemaking. Senator Tim Nethercott said he worried relocation would not be the likely outcome and that animals would instead be killed if there is future action on trapping: "Nobody's relocating the otters. Once we repeal this statute...I suspect that Game and Fish...will immediately create rules associated with the hunting and trapping of otters." Senator Nethercott asked for clearer numbers and more transparency on what the proposed change would mean.

Several senators noted testimony from wildlife researchers and the Game and Fish Department. Senator Michael Hicks said the department has spent about $390,000 on research and testified that the otter population is showing incremental recovery. "We are seeing a slight increase in population around the state of Wyoming," Hicks said, attributing the statement to agency testimony and academic research.

Senators also described procedural safeguards before any hunting or trapping could occur: moving otters from a statutory protected list to nongame status would still require the Game and Fish Department to follow the Wyoming Administrative Procedure Act and public-rulemaking processes to change regulations. Senator Hicks and others said rulemaking could take months and would include public comment; one senator estimated a rulemaking timeline of roughly six months, depending on petitions and the agency process.

Debate highlighted conflicting interpretations of the available data. Senator Tom Rafas said a quick review did not reveal a robust statewide population and asked for more scientific detail. "None of the experts felt like they should be taken off of this statutory list," Landon later said, summarizing committee testimony and pledging to provide additional information for second reading.

The committee rejected an earlier standing committee amendment that would have altered the bill substantially, then adopted a Committee of the Whole amendment intended to clarify effective dates and conform the bill to committee concerns. The motion to adopt the final Committee of the Whole amendment passed by voice vote and the bill passed committee of the whole by voice vote.

The change would remove otters from a 1953 statutory list that presently constrains some management options. Supporters said the bill is intended to restore contemporary management flexibility, not to open immediate hunting or trapping. Several senators urged the sponsor to bring additional population data before second reading; Landon said he would provide more information.