Owners who have worked with the department to prevent depredation but continue to experience losses, or who experience unforeseen losses, may be eligible to file a damage claim and receive cash compensation. Cash compensation will only be provided to livestock owners by the department when specifically appropriated by the legislature or other funding entity. Damages payable under this section are limited to the lost or diminished value of livestock caused by wild bears, cougars, or wolves and shall be paid only to the owner of the livestock, without assignment. Cash compensation for livestock losses from bears, cougars, and wolves shall not include damage to other real or personal property, including other vegetation or animals, consequential damages, or any other damages except veterinarian services may be eligible. However, livestock owners under written agreement with the department will be compensated consistent with their agreement which may extend beyond the limitations in this section. The department is authorized to pay the market value for the livestock or guard dog lost, the market value of reduced weight gains for livestock, and no more than ten thousand dollars to the livestock owner per claim.
Claims for cash compensation will be denied when:
(1) Funds for livestock compensation have not been specifically appropriated by the legislature or other funding entity;
(2) The claim is for livestock other than sheep, cattle, or horses, when only state funds are available; or any domestic animals not allowed by the funding entity;
(3) The owner fails to provide the department with an approved checklist of the preventative and nonlethal means that have been employed, or the owner failed to comply with the terms and conditions of his or her agreement(s) with the department;
(4) The owner has accepted noncash compensation to offset livestock losses in lieu of cash. Acceptance of noncash compensation will constitute full and final payment for livestock losses within a fiscal year;
(5) Damages to the livestock or other domestic animals claimed are covered by insurance or are eligible for payment from other entities. However, any portion of the damage not covered by others is eligible for filing a claim with the department;
(6) The owner fails to provide on-site access to the department or designee for inspection and investigation of alleged attack or to verify eligibility for claim;
(7) The owner has not provided a completed written claim form and all other required information, or met required timelines prescribed within this chapter;
(8) No claim will be processed if the owner fails to sign a statement affirming that the facts and supporting documents are truthful to the best of the owner's knowledge; or
(9) The owner or designee has salvaged or rendered the carcass or allowed it to be scavenged without an investigation completed under the direction of the department.
[Statutory Authority: RCW 77.04.012
, 77.04.055, 77.12.047, 77.12.240, chapter 77.36
RCW, and 2013 c 329. WSR 13-22-056 (Order 13-282), § 232-36-200, filed 11/4/13, effective 12/5/13. Statutory Authority: RCW 77.04.012
, 77.04.020, 77.04.055, and 77.36.120. WSR 13-05-003 (Order 13-19), § 232-36-200, filed 2/6/13, effective 3/9/13. Statutory Authority: RCW 77.04.012
, 77.04.020, and 77.04.055. WSR 10-13-182 (Order 10-156), § 232-36-200, filed 6/23/10, effective 7/24/10.]