Wyoming Administrative Code › Agency 040 - Game and Fish Commission › Sub-Agency 0001 - Game and Fish Commission Regulations › Chapter 28 - REGULATION GOVERNING BIG OR TROPHY GAME ANIMAL OR GAME BIRD OR GRAY WOLF DAMAGE CLAIMS › Section 28-2 - Definitions

Current through July 13, 2024
Definitions shall be as set forth in Title 23, Wyoming
				  Statutes, Commission regulations, and the Commission also adopts the following
				  definitions:
(a) "Accepted
				Agricultural Practices" means traditional agriculture operations that are
				inherent, customary, reasonable, normal and typical to the agricultural
				industry or unique to the commodity. Agricultural operations that are conducted
				for hobby, sport, exhibit or entertainment, and where the purpose of the
				operation does not support a traditional agricultural business, do not qualify
				as an accepted agricultural practice.
(b) "Authorized Hunting Seasons" means any
				hunting season during the twelve (12) month period immediately preceding the
				date when the claimant filed the verified claim with the Office of the
				Department that is established by Commission regulation, including Auxiliary
				Management Hunting Seasons and lethal take permits, for the harvest of the
				species of big game animals, trophy game animals, or game birds for which the
				verified claim was filed.
(c)
				"Award" means compensation for damage offered to a claimant by the
				Department.
(d) "Board" means a
				board of arbitrators.
(e) "Calf"
				means domestic cattle less than twelve (12) months of age.
(f) "Claimant" means any landowner, lessee,
				agent or property owner whose livestock, bees or hives and honey have been
				damaged by a trophy game animal, or gray wolf in accordance with W.S. §
									23-1-901 (g) and
				(h); or, whose land, growing cultivated
				crops, stored crops, seed crops or improvements have been damaged by big game
				animals, trophy game animals or gray wolves in accordance with W.S. §
									23-1-901 (g) and
				(h) or game birds; or, whose grass has been
				extraordinarily damaged by big game animals or game birds.
(g) "Commercial Garden" means a business that
				grows fruits or vegetables for commercial sale.
(h) "Commercial Nursery" means a business
				that grows or stores trees, shrubs or plants solely for commercial sale and
				that is required under W.S. §
									39-15-106 to be licensed with the
				Wyoming Department of Revenue to collect and remit sales and use tax.
(i) "Commercial Orchard" means a business
				that grows trees for fruit or nut production for commercial sale.
(j) "Confirmed by the Department or its
				Representative" means the Department or its representative conducted an
				inspection or investigation of the damage and determined the damage was more
				likely than not caused by a big or trophy game animal or game bird, or gray
				wolf in accordance with W.S. §
									23-1-901 (g) and
				(h).
(k) "Contiguous Tract of Land" means one
				parcel of fee title land, including land that may be divided by a public road,
				highway or railroad right of way, which is entirely owned by a private
				landowner or corporation.
(l)
				"Consequential Damages" means damage, loss, or injury that does not flow
				directly and immediately from the act of the big game animal, trophy game
				animal or game bird, or gray wolf in accordance with W.S. §
									23-1-901 (g) and
				(h), but only from some of the consequences
				or results of such act. Consequential damages include, but are not necessarily
				limited to, future or anticipated production (except as otherwise provided in
				this regulation for young of the year livestock), pollination contracts,
				sentimental value, weight loss, stress, animal feeding costs and any labor or
				equipment costs to remove damaged property.
(m) "Damage" means actual consumption,
				destruction or loss to land, growing cultivated crops, stored crops, seed crops
				or improvements that is caused by big game animals, trophy game animals or gray
				wolves in accordance with W.S. §
									23-1-901 (g) and
				(h) or game birds, and sworn by the claimant
				on the verified claim to have occurred; or extraordinary damage to grass that
				is caused by big game animals and sworn by the claimant on the verified claim
				to have occurred. Damage also includes actual injury or death to livestock or
				actual injury, death, consumption, destruction or loss to bees, hives and honey
				caused by trophy game animals, or gray wolves in accordance with W.S. §
									23-1-901 (g) and
				(h), and sworn by the claimant on the
				verified claim to have occurred. Damage shall not include damage to other real
				or personal property including, but not necessarily limited to: other
				vegetation or animals; motor vehicles; structures; damages caused by animals or
				wildlife other than big game animals, trophy game animals or game birds, or
				gray wolves in accordance with W.S. §
									23-1-901 (g) and
				(h); diseases; lost profits; consequential
				damages; or, any other damages whatsoever that are not specified in this
				regulation.
(n) "Disinterested
				Arbitrator" means an elector residing in the county where the damage occurred,
				who is capable of making a reasoned and unbiased decision based on evidence
				presented to the Board by the claimant and the Department.
(o) "Extraordinary Damage to Grass" means the
				loss or harm to non-cultivated grass plants of the Family Graminae as proven by
				the landowner, lessee, or agent resulting from one or more of the following:
(i) The consumption of non-cultivated grass
				plants by big game animals that significantly exceeds the usual, customary or
				average consumption of non-cultivated grass plants due to a big game
				distribution and presence change resulting in an increased number of big game
				animals present on the identified private or leased private lands based on the
				previous three (3) year period of big game presence; or,
(ii) The usual, customary or average presence
				and consumption of non-cultivated grass plants by big game animals on the
				identified private or leased private lands based on the previous three (3) year
				period of big game presence in an area with a significant shortfall of the
				average (previous three (3) or more continuous years) non-cultivated grass
				plant production due to drought of an intensity D2 or higher based on the
				current year's U.S. Drought Monitor (
https://droughtmonitor.unl.edu/CurrentMap.aspx
)
				for at least eight (8) consecutive weeks which includes the time big game
				animals were present on the land for which the extraordinary damage to grass is
				claimed.