Natural Resources, Wildlife Resources

Rule R657-24

Compensation for Mountain Lion, Bear or Eagle Damage

Notice of Proposed Rule

(Amendment)

DAR File No.: 34018
Filed: 08/26/2010 03:01:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the division's compensation for mountain lion, bear, wolf, or eagle damage program.

Summary of the rule or change:

The changes to this rule: 1) amend the rule to include wolf damage claims to be in compliance with H.B. 32 that was recently passed by the Legislature and signed by the Governor; 2) add wolf to the title of the rule; 3) add wolf to the list of species individuals may receive compensation for damages to livestock from; 4) define wolf; 5) clarify that payments for damages caused to livestock by wolves are not made until mountain lion and bear claims for a fiscal year have first been paid; and 6) make technical corrections. (DAR NOTE: H.B. 32 (2010) is found at Chapter 289, Laws of Utah 2010, and was effective 05/11/2010.)

State statutory or constitutional authorization for this rule:

• Section 23-24-1
• Section 4-23-7

Anticipated cost or savings to:

the state budget:

None--These amendments do not create a cost or savings impact to the state budget or the Division of Wildlife Resources' (DWR) budget. The budget that DWR has for damage compensation payments is determined by the Legislature and varies from year to year.

local governments:

None--This filing does not create any direct cost or saving impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

None--The amendments do not impose any additional requirements on other persons, nor generate a cost or savings impact to small businesses.

persons other than small businesses, businesses, or local governmental entities:

None--The amendments do not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

None--The amendments to not create any compliance costs for affected persons. There are no costs because the amendment simply indicates wolves as another species category under which livestock owners may claim compensation.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendments to this rule do not create an impact on businesses.

Michael R. Styler, Executive

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2010

This rule may become effective on:

10/22/2010

Authorized by:

James Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

R657-24. Compensation for Mountain Lion, Bear, Wolf or Eagle Damage.

R657-24-1. Purpose and Authority.

Under authority of Section 23-24-1, this rule provides the procedures, standards, requirements and limits for obtaining compensation for damages to livestock by mountain lion, black bear , wolfor an eagle.

 

R657-24-2. Definitions.

(1) Terms used in this rule are defined in Sections 23-13-2 and 23-24-1(1).

(2) In addition:

(a) "Black bear" means Ursus americanus.

(b) "Fair market value" means the average commercial livestock prices from July 1 through June 30, as determined by the Utah Livestock and Auction Reporting Service.

(c) "Injury" means an act by a mountain lion or bear that results in the death of livestock within 30 days of the act or a permanent injury to livestock.

(d) "Livestock" means cattle, sheep, goats, or turkeys.

(e) "Mountain lion" means Felis concolor.

(f) "Eagle" means Haliacctus leucocephalus (bald eagle) and Aquila chrysaetos (golden eagle).

(g) "Wolf" means Canis lupus

 

R657-24-3. Notification of Damage -- Payment of Damage Claims.

(1) When livestock are damaged by a mountain lion, bear , wolfor an eagle, the owner may receive compensation in accordance with Section 23-24-1(2).

(2)(a) Notification must be [made in writing]givento [one of the regional division offices]the Division within [four working]4days of[ discovering] the damage.[ A Proof of Loss form must then be submitted within 30 days after the original notification.]

(b) Notification may be made orally to expedite field investigations, but it must be followed [in writing]with a draft (unsigned) Livestock Damage Proof of Loss formwithin [four working days after the damage is discovered. A]14 days of the conclusion of the field investigation.

(c) Final signed copies of the Livestock Damage Proof of Loss form must [then be submitted within 30 days after the original written notification.]be submitted to the mammals program coordinator by June 1 except for damage that occurs between May 15 and June 30 for which the final signed copy of the Livestock Damage Proof of Loss form must be received by June 30.

(3)(a) Claims for damage payments received from July 1 through June 30 are assessed and accepted or denied based on information reported on the [livestock damage]Livestock Damage Proof of Loss form.

(b) Claims accepted for damage payments are held until all damage claims for the July 1 through June 30 period have been collected.

(c) If the total amount of the damage claims exceed the appropriated funds for this purpose, damage payments will be prorated for all eligible claims.

(d) Payments for eagle damage claims shall not be made until all accepted mountain lion[ and],bear and wolf claims for a fiscal year have first been paid.

( e) Payments for wolf damage claims will only be made for damage that occurs in areas of the state where wolves are removed from the protection of the Endangered Species Act.

(4) (a) Damage payments will be paid only for confirmed losses and only to livestock producers who have paid the required head tax in accordance with Section 23-24-1(2).

(b) Verification of the payment of head tax will be acquired from the Utah Department of Agriculture.

(5)(a) The division or [animal damage control]USDA-APHIS Wildlife Services specialists will document on approved [livestock damage]Livestock Damage Proof of Loss forms the type and magnitude of livestock losses experienced by livestock producers.

(b) Where agreement with the type or magnitude of losses is not achieved by [animal damage control]a USDA-APHIS Wildlife Services specialists, a division representative shall follow up with an additional field investigation to assess damage claims.

 

KEY: wildlife, damages, livestock

Date of Enactment or Last Substantive Amendment: [August 8, 2006]2010

Notice of Continuation: October 7, 2005

Authorizing, and Implemented or Interpreted Law: 23-24-1; 4-23-7