Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-150 - Application for cash compensation for commercial crop damage - Procedure

Current through Register Vol. 24-14, July 15, 2024
Pursuant to this section, the department may distribute
				  funds appropriated by the legislature to pay commercial crop damage caused by
				  wild deer or elk in the amount of up to ten thousand dollars per claim, unless
				  following an appeal the department is ordered to pay more (see
				  RCW
				  77.36.130(2) ). The
				  department shall develop claim procedures and application forms consistent with
				  this section for cash compensation of commercial crop damage. Partnerships with
				  other public and private organizations to assist with completion of
				  applications, assessment of damage, and to provide funding for compensation are
				  encouraged.
Filing a claim:
(1)
				Claimants who have cooperated with the department and have a valid damage
				prevention cooperative agreement or a department approved checklist to prevent
				deer or elk damage, or a waiver from the director, yet still experience loss
				and meet eligibility requirements, may file a claim for cash
				compensation.
(2) The claimant must
				notify the department within seventy-two hours of discovery of crop damage and
				at least seventy-two hours prior to harvest of the claimed crop.
(3) A complete written claim and completed
				crop assessment must be submitted to the department within sixty days of
				harvest.
(4) Claimants may only
				file one claim per year. Multiple partners in a farming operation are
				considered one claimant. Operations involving multiple partners must designate
				a "primary grower" to receive payment from the department.
(5) The claim form declaration must be
				signed, affirming that the information provided is factual and truthful per the
				certification set out in
				RCW
				9A.72.085, before the department will process
				the claim.
(6) In addition to a
				completed claim form, a claimant must provide:
(a) A copy of claimant's Schedule F of Form
				1040, Form 1120, or other applicable forms filed with the Internal Revenue
				Service or other documentation indicating the claimant's gross sales or
				harvested value of commercial crops for the previous tax year.
(b) The assessment method used is consistent
				with WAC 220-440-160, valuation of property damage.
(c) Proof of ownership of claimed commercial
				crops or contractual lease of claimed commercial crops consistent with
				department procedural requirements for submission of documents.
(d) Written documentation of approved
				methodology used to assess and determine final crop loss and value.
(e) Records documenting average yield on
				claimed crop and parcel, certified yield reports, production reports and weight
				certificates completed at the time weighed for claimed year, and other
				applicable documents that support yield loss and current market price. Current
				market price will be determined less transportation and cleaning costs when
				applicable.
(f) A declaration
				signed under penalty of perjury as provided in
				RCW
				9A.72.085, indicating that the claimant is
				eligible for the claim, meets eligibility requirements listed under this
				section, and that all claim evaluation and assessment information in the claim
				application is true and accurate to the best knowledge of the
				claimant.
(g) A copy of the
				insurance policy and payment on the commercial crop where loss is
				claimed.
(h) Copies of any
				applications for other sources of loss compensation and any payment or denial
				documentation. Damage claim assessment: