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

(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.