Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-440 - Wildlife management and wildlife interaction › Section 220-440-140 - Payment for commercial crop damage - Limitations

Current through Register Vol. 24-14, July 15, 2024
Owners, who have worked with the department to prevent deer
				  and elk damage, but continue to experience losses, may be eligible to file a
				  damage claim and receive cash compensation from money appropriated by the
				  legislature. Damages payable under this section are limited to the lost or
				  diminished value of a commercial crop, whether growing or harvested, and will
				  only be paid to the owner of the crop at the time of damage, without
				  assignment. Cash compensation for claims from deer and elk damage does not
				  include damage to other real or personal property, including other vegetation
				  or animals, lost profits, consequential damages, or any other damages. The
				  department is authorized to pay up to ten thousand dollars to the owner per
				  claim.
Claims for cash compensation will be denied when:
(1) The claim is for a noncommercial
				crop;
(2) The owner of the
				commercial crop does not meet the definition of "eligible farmer" in
				RCW
				82.08.855(4)(b)(i) through
				(iv);
(3) The loss estimate is less than one
				thousand dollars;
(4) The owner
				does not have a valid damage prevention cooperative agreement signed by the
				owner and the department, or a waiver signed by the director, or does not
				provide a department approved checklist of the preventative and non-lethal
				means that have been employed to prevent damage;
(5) The owner has not complied with the terms
				and conditions of his or her agreement(s) with the department;
(6) An owner or lessee has accepted noncash
				compensation to offset crop damage in lieu of cash consistent with conditions
				of the damage prevention cooperative agreement with the department. Acceptance
				of noncash compensation will constitute full and final payment for crop damages
				within the growing season of the damaged crop or for the time period specified
				by the department in writing to the owner;
(7) An owner or lessee has denied the
				department's offer of fencing as a long-term preventative measure;
(8) The owner or lessee has denied prevention
				measures offered by the department. The prevention measures offered shall be
				applicable, legal, practical, and industry recognized;
(9) Damages to the commercial crops claimed
				are covered by insurance or are eligible for payment from other entities. Any
				portion of the actual damage not covered by others that exceeds one thousand
				dollars is eligible for compensation from the department;
(10) The property where the damage occurred
				was not open to public hunting consistent with WAC 220-440-190 for the species
				causing the damage, unless, as determined by the department, the property is
				inconsistent with hunting or hunting would not address the damage problem. This
				includes all properties owned or leased by the owner adjacent to, contiguous
				to, or in the vicinity of the property where crop damage occurred;
(11) The crop is grown or stored on public
				property;
(12) The owner or lessee
				fails to provide on-site access to the department or designee for inspection
				and investigation of alleged damage or to verify eligibility for a
				claim;
(13) The owner has not
				provided a completed written claim form and all other required information, or
				met required timelines prescribed within WAC 220-440-150;
(14) The owner fails to sign a statement
				affirming that the facts and supporting documents are truthful to the best of
				the owner's knowledge;
(15) The
				owner or designee harvested commercial crops prior to providing a seventy-two
				hour notice to the department;
(16)
				The department will prioritize payment for commercial crop damage in the order
				the claims were received or upon final adjudication of an appeal. If the
				department is unable to make a payment for commercial crop damage during the
				current fiscal year, the claim will be held over until the following fiscal
				year when funds become available. As funding becomes available to the
				department under this section,
				RCW
				77.36.170, or any other source, the
				department must pay claims in the chronologic order. Claims that are carried
				over will take first priority and receive payment before any new claims are
				paid. The payment of a claim included on the list maintained by the department
				under this section is conditional on the availability of specific funding for
				this purpose and is not a guarantee of reimbursement.