Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-170 - Payment for livestock damage and other domestic animals-Limitations

Current through Register Vol. 24-14, July 15, 2024
Commercial livestock owners who have worked with the
				  department to prevent depredation but continue to experience losses, or who
				  experience unforeseen losses, may be eligible to file a damage claim and
				  receive cash compensation. Cash compensation will only be provided to livestock
				  owners by the department when specifically appropriated by the legislature or
				  other funding entity. Damages payable under this section are limited to the
				  lost or diminished value of livestock caused by wild bears, cougars, or wolves
				  and shall be paid only to the owner of the livestock, without assignment. Cash
				  compensation for livestock losses from bears, cougars, and wolves shall not
				  include damage to other real or personal property, including other vegetation
				  or animals, consequential damages, or any other damages except veterinarian
				  services may be eligible. However, livestock owners under written agreement
				  with the department will be compensated consistent with their agreement which
				  may extend beyond the limitations in this section. The department is authorized
				  to pay the market value for the eligible livestock or guard dog lost or the
				  market value of indirect livestock losses as a result of harassment by wolves,
				  including reduced weight gains for livestock, and no more than ten thousand
				  dollars to the livestock owner per claim.
Claims for cash compensation will be denied when:
(1) Funds for livestock compensation have not
				been specifically appropriated by the legislature or other funding
				entity;
(2) The claim is for
				livestock other than sheep, cattle, or horses, when only state funds are
				available; or any domestic animals not allowed by the funding entity;
(3) The owner fails to provide the department
				with an approved checklist of the preventative and nonlethal means that have
				been employed, or the owner failed to comply with the terms and conditions of
				his or her agreement(s) with the department;
(4) The owner has accepted noncash
				compensation to offset livestock losses in lieu of cash. Acceptance of noncash
				compensation will constitute full and final payment for livestock losses within
				a fiscal year;
(5) Damages to the
				livestock or other domestic animals claimed are covered by insurance or are
				eligible for payment from nonprofit organizations. However, any portion of the
				damage not covered by nonprofit organizations is eligible for filing a claim
				with the department;
(6) The owner
				fails to provide on-site access to the department or designee for inspection
				and investigation of alleged attack or to verify eligibility for
				claim;
(7) The owner has not
				provided a completed written claim form and all other required information, or
				met required timelines prescribed within this chapter;
(8) No claim will be processed if the owner
				fails to sign a statement affirming that the facts and supporting documents are
				truthful to the best of the owner's knowledge; or
(9) The owner or designee has salvaged or
				rendered the carcass or allowed it to be scavenged without an investigation
				completed under the direction of the department.
Statutory Authority:
				  RCW
				  77.04.012,
				  77.04.055,
				  77.12.047,
				  77.12.240, chapter 77.36 RCW, and
				  2013 c 329 . WSR 13-22-056 (Order 13-282), §
										232-36-200, filed 11/4/13,
				  effective 12/5/13. Statutory Authority:
				  RCW
				  77.04.012,
				  77.04.020,
				  77.04.055, and
				  77.36.120. WSR 13-05-003 (Order
				  13-19), §
										232-36-200, filed 2/6/13,
				  effective 3/9/13. Statutory Authority:
				  RCW
				  77.04.012,
				  77.04.020, and
				  77.04.055. WSR 10-13-182 (Order
				  10-156), §
										232-36-200, filed 6/23/10,
				  effective 7/24/10. WSR 13-21-033, §
										232-36-200, filed 10/9/2013,
				  effective 11/9/2013