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 28-7 - Reasons for Denial of a Verified Claim

Current through July 13, 2024
(a) The Department shall deny the verified
				claim for any of the reasons specified in this subsection.
(i) The claimant did not report the damage to
				the nearest game warden, supervisor or Commission member within fifteen (15)
				consecutive days after the date the damage was discovered. Any damage that was
				reported more than fifteen (15) consecutive days after the date it was
				discovered by the claimant shall not be considered by the Department as damage
				under this regulation.
(ii) The
				damage was 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).
(iii) The big or trophy game animals or game
				birds causing damage were on the claimant's privately owned or leased land and
				adjoining Federal or State land during authorized hunting seasons as specified
				in Section
				4 (a)(ii)(A), and the
				claimant did not allow hunting access to a sufficient number of hunters in
				accordance with Section
				4 (a)(ii)(A) of this
				regulation.
(iv) The big or trophy
				game animals or game birds causing damage were not on the claimant's privately
				owned or leased land and adjoining Federal or State land during authorized
				hunting seasons as specified in Section
				4 (a)(ii)(A), and the
				claimant would not agree to the Department's implementation of an auxiliary
				management hunting season as specified in Section
				4 (a)(ii)(B) or charged a
				hunting access fee to hunters to participate in an auxiliary management hunting
				season as specified in Section
				4 (a)(ii)(B).
(v) The big or trophy game animals or game
				birds causing damage were not on the claimant's privately owned or leased land
				and adjoining Federal or State land during authorized hunting seasons as
				specified in Section
				4 (a)(ii)(A), and the
				claimant would not agree to the Department's implementation of a lethal take
				permit as specified in Section
				4 (a)(ii)(C) or charged an
				access fee to the Department or other individuals authorized under the lethal
				take permit to implement a lethal take permit as specified in Section
				4.
(vi) The verified claim was for property not
				defined as property in Section
				2 of this regulation.
(vii) The claimant was compensated by crop or
				livestock insurance, a Federal subsidy program or the Gray Wolf Depredation
				Compensation Program for the property damaged. If the claimant receives
				compensation for damaged property under a damage claim affidavit and
				subsequently receives compensation from crop or livestock insurance, a Federal
				subsidy program or the Gray Wolf Depredation Compensation Program for the same
				damaged property within the twelve (12) consecutive months following the end of
				damages, the claimant shall refund the Department's damage claim award
				including interest based on local bank preferred rates to the
				Department.
(viii) The claimant
				submitted a verified claim that did not provide all required information
				specified in Section
				9 of this regulation to the Office of the
				Department within sixty (60) consecutive days after the damage or last item of
				damage was discovered by the claimant.
(ix) The verified claim was for consequential
				damages.
(x) A sufficient number of
				hunters were not allowed hunting access during authorized hunting seasons on
				land in a platted subdivision where the damage occurred due to the actions of a
				municipal or county ordinance, or homeowners' association covenant prohibiting
				the discharge of firearms.
(xi) Due
				to actions of the claimant, the damage was not investigated by the
				Department.
(xii) The claimant
				prevented the Department's attempts to mitigate or alleviate the damage through
				such actions as moving the big or trophy game animals or game birds, or gray
				wolves in accordance with W.S. §
										23-1-901 (g) and
				(h) responsible for the damage or the
				claimant refused to utilize fencing materials provided by the Department to
				protect stored crops, livestock, bees, hives and honey.
(xiii) The verified claim included any
				methods, factor or formula for missing livestock not in accordance with Section
				3 of this regulation.