Current through Register Vol. 24-24, December 15, 2024
Pursuant to this section, the department may distribute money
specifically appropriated by the legislature or other funding entity to pay
commercial livestock or guard dog losses caused by wild bear, cougar, or wolves
up to the amount set forth in RCW 77.36.130. The department will develop claim
procedures and application forms consistent with this section for cash
compensation of commercial livestock or guard dog losses. Partnerships with
other public and private organizations to assist with completion of
applications, assessment of losses, and to provide funding for compensation are
encouraged. Filing a claim:
(1)
Claimant must notify the department within 24 hours of discovery of livestock
or other domestic animal attack or as soon as feasible.
(2) Damage claim assessment of amount and
value of eligible livestock or guard dog loss is the primary responsibility of
the claimant.
(3) Investigation of
the loss and review and approval of the assessment will be conducted by the
department:
(a) The claimant must provide
access to department staff or designees to investigate the cause of death or
injury to eligible livestock or guard dogs and use reasonable measures to
protect evidence at the depredation site.
(b) Federal officials may be responsible for
the investigation when it is suspected that the attack was by a federally
listed species.
(4) To be
eligible a claimant must submit a written statement, electronic or hard copy,
within 30 days of discovery of a loss to indicate his or her intent to file a
claim.
(5) A complete claim package
must be submitted to the department within 90 days of a discovery of an attack
on livestock or guard dogs to be eligible for compensation.
(6) A 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.
(7) In addition to a
completed claim form, a claimant must provide:
(a) Proof of legal ownership or contractual
lease of claimed livestock.
(b)
Records documenting the value of the livestock or guard dog depending upon the
determination for cause of loss.
(c) Declaration signed under penalty of
perjury indicating that the claimant is eligible for the claim, meets
eligibility requirements listed under this chapter and in RCW 77.36.100,
77.36.110, and 77.36.120, and all claim evaluation and assessment information
in the claim application is to the best knowledge of the claimant true and
accurate.
(d) A copy of any
insurance policy covering loss claimed.
(e) Copies of applications for other sources
of loss compensation and any payment or denial documentation.
(f) The department approved checklist of
preventative measures that have been deployed, or documented compliance with
the terms and conditions of the claimant's agreement with the department, or
the director approved waiver.
Settlement of claims:
(8) Subject to funds appropriated to pay for
livestock or guard dog losses, undisputed claims will be paid up to ten
thousand dollars.
(9) Valuation of
the lost livestock;
(a) The department may
utilize the services of an independent certified appraiser to assist in the
evaluation of livestock or guard dog claims.
(b) For losses caused by wolves, the
compensation value for livestock or guard dogs will be based on the value at
the time the animal would normally be sold at market or the cost to replace the
animal, and based on comparable types and/or weight of livestock or guard dogs,
such as comparable calves, steers, cows, ewes, and lambs; except bulls will be
replaced based on the actual purchase price prorated on a four-year
depreciation cycle minus salvage value if applicable. The market or replacement
value will be determined by an independent certified appraiser, the sales
receipts from the most recent sale of comparable animals by the owner, or the
sales receipts from the next sale of comparable animals by the owner.
(c) The payment amount for wolf depredations
to livestock will be based on the following criteria:
(i) Where the livestock grazing site was
greater than or equal to 100 acres, there is a rebuttable presumption that the
number of commercial livestock wolf depredations that are eligible for
compensation is twice the number of wolf livestock depredations documented by
the department, unless all remaining livestock are accounted for. On these
grazing sites, the payment for each confirmed wolf depredation will be the full
market value for two commercial livestock. The payment for each probable wolf
depredation will be half the full market value for two commercial livestock.
Payments will be reduced by half if all the remaining livestock are accounted
for.
(ii) Where the livestock
grazing site was less than 100 acres, there is a rebuttable presumption that
all the commercial livestock wolf depredations are discovered by the livestock
owner. On these grazing sites, the payment for each confirmed wolf depredation
will be the full market value for one commercial livestock. The payment for
each probable wolf depredation will be half the full market value for one
commercial livestock.
(d)
For losses caused by bear or cougar, livestock value will be determined by the
market value for an animal of the same breed, sex, and average weight at the
time the animal is lost.
(10) Claims for higher than normal livestock
losses, reduced weight gains, or reduced pregnancy rates due to harassment of
livestock caused by wolves must include:
(a)
At least three consecutive years of records preceding the year of the claim.
Claims will be assessed for losses in excess of the preceding three-year
running average;
(b) The losses
must occur on large pastures or range land used for grazing, lambing, or
calving where regular monitoring of livestock is impractical (and therefore
discovery of carcasses infeasible) as determined by the department;
(c) Verification by the department that
wolves are occupying the area;
(d)
The losses cannot be reasonably explained by other causes;
(e) Compliance with the department's
preventative measures checklist, or damage prevention cooperative agreement, or
a waiver signed by the director.
(11) Compensation paid by the department
combined with any other compensation may not exceed the total assessed value of
the loss.
(12) Upon completion of
an evaluation, the department will notify the claimant of its decision to
either deny the claim or make a settlement offer (order). The claimant has 60
days from the date received to accept, sign, and mail to the department the
original offer for settlement of the claim. If the claimant wishes to appeal
the offer, they must request an informal resolution or adjudicative proceeding
as described in WAC 220-440-230. The appeal must be in writing and may be
mailed or submitted by email. If no written acceptance or request for appeal is
received within 60 days of receipt of the settlement offer, the offer is
considered rejected and not subject to appeal.
(13) If the claimant accepts the department's
offer, the department will provide payment to the claimant within 30 days from
receipt of the written acceptance document(s).
(14) The department will prioritize payment
for livestock losses as set forth in RCW 77.36.100, 77.36.170, and
77.36.180.
