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Commissioners debate Resolution 2026-08 on bison and livestock jurisdiction; public asks county to take issue to governor
Summary
Fremont County commissioners debated a resolution recognizing federal appellate rulings and urging state enforcement of livestock rules; public commenter Mitch Benson urged the county to bring the diminished-lands jurisdiction issue to the governor, citing enforcement gaps.
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Fremont County commissioners debated Resolution 2026-08, a draft recognizing a federal appellate court ruling and urging state agencies to rigorously enforce livestock regulations, before calling the question and taking a voice vote that included several ayes and nays and the chair recording his vote as 'nay.' The transcript records the roll-up of voices but does not show a formal numeric tally in the public transcript.
The resolution text (as read by a commissioner) recognizes a Tenth Circuit Court position related to the 1905-era statutes at issue and "resolves that the Fremont County Board of Commissioners demands that current Wyoming State law be rigorously enforced" and urges the Wyoming Livestock Board and Game and Fish to enforce relevant regulations. Some commissioners questioned whether the county should adopt a formal resolution on an issue governed by federal, state, or tribal authorities.
Public commenter Mitch Benson, who identified himself as "Mitch Benson, Fremont County," addressed the commission and said the issue is primarily legal and jurisdictional and should be moved to the governor and executive branch for clarity. "This body is a subdivision, a political subdivision of the state government," Benson said, and asked the commission to carry the issue to the governor, arguing enforcement rests with state agencies and that inaction could raise legal exposure for elected officials under the Takings Clause.
Benson summarized prior contacts with state leaders: "I've had conversations with the governor... with the state legislative leadership team... the Wyoming Agricultural and Natural Resources Committee," and said he had asked the commission at a December meeting to take the matter to the governor. He also relayed a statement he attributed to Director Angie Bruce that, because the Wind River Reservation is not a designated bison area, Wyoming Game and Fish may lack jurisdiction when bison leave reservation lands and that the Wyoming Livestock Board could have enforcement responsibilities.
Commissioners voiced several concerns: one questioned whether a county-level resolution would "step on the toes" of tribal, state or federal governments and said the Supreme Court and federal rulings already established certain legal baselines. Others said the resolution was intended as a recognition rather than an assertion of direct county authority. The transcript shows commissioners discussing follow-up, coordination with state officials, and a planned return to the issue at a later meeting.
Mitch Benson asked for a recorded vote of each commissioner so the public could know whether the county collectively would "represent both tribal and nontribal members" in pursuing clarity from the governor. Commissioners agreed to continue discussing the matter and to schedule further consideration.
No statute citations beyond colloquial references ("the 19 o 5 act") were attached directly to the motion text in the public transcript; the transcript records references to state agency jurisdiction and prior testimony before state committees but does not contain formal legal citations in the record.
Next steps recorded on the transcript: commissioners agreed to continue discussion at a future meeting and suggested follow-up with state officials and staff-level contacts.

