Print Friendly HOUSE BILL NO. 539 – Big game depredation
HOUSE BILL NO. 539
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H0539.........................................by RESOURCES AND CONSERVATION
BIG GAME DEPREDATION - Repeals and adds to existing law to provide for big
game depredation funds; to provide for control of damage by antelope, elk,
deer, moose, black bear, mountain lions, or by grazing wildlife; to provide
a procedure for claims for damage; and to provide for compensation for
02/01 House intro - 1st rdg - to printing
02/04 Rpt prt - to Res/Con
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 60-7-3
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block,
Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Harwood, Higgins, Hornbeck, Jones,
Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader,
McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner,
Pomeroy, Raybould, Roberts, Sali, Schaefer, Sellman, Shepherd,
Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
NAYS -- Bieter, Boe, Henbest, Jaquet, Ridinger, Robison, Smith(33)
Absent and excused -- Hammond, Martinez, Mr. Speaker
Floor Sponsor - Roberts
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 539
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; REPEALING SECTION 36-114, IDAHO CODE; AMENDING
3 CHAPTER 1, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 36-114,
4 IDAHO CODE, TO PROVIDE FOR BIG GAME DEPREDATION FUNDS; REPEALING SECTIONS
5 36-115 AND 36-1108, IDAHO CODE; AMENDING CHAPTER 11, TITLE 36, IDAHO CODE,
6 BY THE ADDITION OF A NEW SECTION 36-1108, IDAHO CODE, TO PROVIDE FOR CON-
7 TROL OF DAMAGE BY ANTELOPE, ELK, DEER, MOOSE, BLACK BEARS, MOUNTAIN LIONS,
8 OR BY GRAZING WILDLIFE, TO PROVIDE A PROCEDURE FOR CLAIMS FOR DAMAGE AND
9 TO PROVIDE FOR COMPENSATION FOR DAMAGE; REPEALING SECTIONS 36-1109 AND
10 36-1110, IDAHO CODE; AND AMENDING SECTION 36-122, IDAHO CODE, TO DELETE A
11 CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 36-114, Idaho Code, be, and the same is hereby
15 SECTION 2. That Chapter 1, Title 36, Idaho Code, be, and the same is
16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
17 ignated as Section 36-114, Idaho Code, and to read as follows:
18 36-114. BIG GAME DEPREDATION FUNDS. (1) Nonexpendable Big Game Depreda-
19 tion Fund. The nonexpendable big game depredation fund is hereby established
20 in the state treasury. On July 1, 2002, the state controller shall transfer
21 two million two hundred fifty thousand dollars ($2,250,000) from the big game
22 secondary account to the nonexpendable big game depredation fund. The state
23 controller shall annually, as soon after July 1 of each year as practical,
24 transfer the sum of fifty thousand dollars ($50,000) from the fish and game
25 account to this fund. Moneys in the fund shall be invested as provided in sec-
26 tion 67-1210, Idaho Code, and interest earned on investment of idle moneys in
27 the fund shall be paid to the expendable big game depredation fund. The prin-
28 cipal amount in the fund shall not be appropriated, but only the interest
29 earned on investment of the moneys in the fund shall be available for appro-
31 (2) Expendable Big Game Depredation Fund. The expendable big game depre-
32 dation fund is hereby established in the state treasury. On July 1, 2002,
33 after making the transfer to the nonexpendable big game depredation fund in
34 subsection (1) of this section, the state controller shall transfer all
35 remaining balances in the big game secondary account to the expendable big
36 game depredation fund. On July 1, 2002, the state controller shall transfer
37 all balances remaining in the big game primary depredation account to the
38 expendable big game depredation fund. Moneys in the fund are subject to appro-
39 priation for the purposes recited in section 36-1108, Idaho Code. Interest
40 earned on investment of idle moneys in the fund shall be paid to the fund. In
41 addition to any other moneys appropriated to the fund from other sources, the
42 state treasurer shall transfer the earned interest from the nonexpendable big
1 game depredation fund to this fund each month. The department shall annually
2 report to the legislature, the division of financial management, and the
3 director of the department of agriculture the status of the expendable big
4 game depredation fund and the amount available for appropriation.
5 (a) Moneys in the fund may be appropriated only to:
6 (i) Honor payment agreements made pursuant to section 36-1108,
7 Idaho Code.
8 (ii) Make depredation damages payments pursuant to section 36-1108,
9 Idaho Code.
10 (iii) Provide for reimbursement of expenses for members of the advi-
11 sory committee established in section 36-122, Idaho Code.
12 (b) The full amount of any approved claim for damages pursuant to section
13 36-1108, Idaho Code, will not be paid at the time of approval, but shall
14 be subject to the following conditions and requirements:
15 (i) The director may order not more than one-half (1/2) of the
16 amount of the approved claim that is to be paid from the fund to be
17 paid immediately, if, in the judgment of the director, such payment
18 is within the estimated total claims liability for that fiscal year
19 from the fund.
20 (ii) The balance of all unpaid approved claim amounts shall be accu-
21 mulated to a total as of June 30. If the balance in the fund is suf-
22 ficient to pay the balance of all approved claims, the director shall
23 promptly pay them. If the balance is not sufficient to pay the bal-
24 ance of all approved claims, the director shall pay a proportionate
25 share to each claimant.
26 (c) The director shall encumber the balance of the moneys in the fund, or
27 moneys sufficient to pay the approved claims, whichever is the lesser.
28 (d) Each claimant must submit a statement of total damages sustained per
29 occurrence. For each such statement, the following conditions and require-
30 ments apply:
31 (i) The amount of one thousand dollars ($1,000) must be deducted
32 from each such statement. This deductible is a net loss to the owner
33 or lessee, and will not be compensated for from the fund.
34 (ii) Provided however, that for claims in consecutive years, the one
35 thousand dollar ($1,000) deductible shall be waived:
36 1. For damage or destruction to standing or stored crops in the
37 same location as the first occurrence if the department failed
38 to prevent property loss following the first occurrence.
39 2. For damage or destruction to livestock in more than one (1)
40 occurrence during the fiscal year.
41 3. For damage or destruction to forage in the same location as
42 the first occurrence if the department failed to prevent prop-
43 erty loss following the first occurrence.
44 (e) Each approved claim must contain a certification by the director of
45 the department of fish and game, or his designee, that:
46 (i) All statutory requirements leading up to approval for payment
47 have been met.
48 (ii) The claimant has certified that he will accept the amount
49 approved as payment in full for the claim submitted, subject to the
50 conditions and requirements of this subsection.
51 SECTION 3. That Sections 36-115 and 36-1108, Idaho Code, be, and the same
52 are hereby repealed.
53 SECTION 4. That Chapter 11, Title 36, Idaho Code, be, and the same is
1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2 ignated as Section 36-1108, Idaho Code, and to read as follows:
3 36-1108. CONTROL OF DAMAGE -- BY ANTELOPE, ELK, DEER OR MOOSE -- BY BLACK
4 BEAR OR MOUNTAIN LION -- BY GRAZING WILDLIFE -- COMPENSATION FOR DAMAGES. (1)
5 Prevention of Depredation Shall be a Priority Management Objective of the
6 Department of Fish and Game. Landowners shall take all reasonable steps to
7 prevent property loss from wildlife or to mitigate damages by wildlife. The
8 department may provide support and assistance, including provision of mate-
9 rials to design, construct, and maintain fences for control of depredation.
10 Provided however, the director, or his representative, will consult with
11 appropriate land management agencies and land users before transplanting or
12 relocating any black bear or mountain lion.
13 (2) Antelope, Elk, Deer or Moose. In the event of actual or threatened
14 damage or destruction to property by antelope, elk, deer or moose, the owner
15 or lessee of the affected property may report the facts to the director of the
16 department of fish and game or his designee. Within seventy-two (72) hours of
17 the report, the director or his designee shall investigate the facts reported.
18 (a) If the director or his designee determines that the report is well
19 founded, the director may:
20 (i) Send a representative onto the premises to control, trap,
21 and/or remove such animals as will stop the damage to said property.
22 Any animals so taken shall remain the property of the state and shall
23 be turned over to the director.
24 (ii) Grant properly safeguarded permission to the complainant to
25 control, trap and/or remove such animals. Any animals so taken shall
26 remain the property of the state and shall be turned over to the
28 (iii) Make an agreement with the owner or lessee to allow continued
29 use of lands by the animals where damage by them has occurred to
30 stored, growing or matured crops on private property whether owned or
31 leased. This agreement may be transacted only after department
32 attempts to resolve the problem by other means have proven unsuccess-
33 ful. The agreement made under the provisions of this subsection may
34 provide for financial compensation to the owner or lessee. If made,
35 financial compensation under the provisions of this subsection shall
36 be governed by the provisions of section 36-114, Idaho Code, and
37 shall not be in addition to any payments for the same crop losses
38 from any other source. Compensation for damages under the provisions
39 of this subsection shall be available for damages done to private
40 lands, whether owned or leased, if the owner or lessee allowed hunt-
41 ers reasonable access to the property or through the property to pub-
42 lic lands for hunting purposes during the preceding hunting season.
43 This provision shall not negate the provisions of section 36-1602,
44 Idaho Code, relating to the necessity of obtaining permission to
45 enter private land. If necessary, the arbitration panel provided for
46 in subsection (8) of this section, shall determine the reasonableness
47 of access allowed.
48 (b) In order to establish eligibility for submission of claims for dam-
49 ages, persons suffering crop damages on privately owned or leased land
50 caused by antelope, elk, deer or moose must:
51 (i) Notify the department within seventy-two (72) hours of discov-
52 ery of damage.
53 (ii) Follow up verbal notification with a written notice within ten
54 (10) days of the discovery of damage.
1 (iii) The department shall not be held liable or accountable for any
2 damages occurring more than ten (10) days prior to the initial noti-
3 fication of damage. However, the department may extend the period up
4 to thirty (30) days under exceptional circumstances.
5 (c) The owner or lessee must have allowed hunters reasonable access to
6 the property or through the property to public lands for hunting purposes
7 during the hunting season or the claim for damages shall be disallowed.
8 (d) Compensation for crop damages' claims shall not be in addition to any
9 payments for the same crop losses from any other source.
10 (e) For purposes of this subsection, crop damages shall mean damage to
11 plants grown or stored for profit and shall exclude ornamental plants.
12 (3) Black Bear or Mountain Lion. When any black bear or mountain lion has
13 done damage to or is destroying livestock on public, state or private land,
14 whether owned or leased, or when any black bear has done damage to or is
15 destroying berries or honey on private land, for purposes of filing a claim
16 the owner or his representative shall report such loss to a representative of
17 the U.S. department of agriculture animal plant and health inspection
18 services/animal damage control (APHIS/ADC) who shall, within seventy-two (72)
19 hours, investigate the conditions complained of. For purposes of this section,
20 livestock shall be defined as domestic cattle, sheep and goats. If it appears
21 that the complaint is well founded and livestock, berries or honey of the com-
22 plainant has been damaged or destroyed by such black bear or mountain lion,
23 APHIS/ADC shall so inform the director or the department's regional office of
24 the extent of physical damage or destruction in question. The physical dam-
25 ages, without establishing a monetary value thereon, as determined by the
26 APHIS/ADC representative shall be final, and shall be binding upon the owner
27 or his representative and on the department.
28 (4) Grazing Wildlife. When any grazing wildlife is doing damage to or is
29 destroying forage on private lands, whether owned or leased, the owner or les-
30 see thereof may make a complaint and report the facts to the director or his
31 designee who shall, within seventy-two (72) hours, investigate the conditions
32 complained of. If it appears that the complaint is well founded and the forage
33 is being or is likely to be damaged or destroyed or consumed by grazing wild-
34 life, the owner or lessee shall contract with a qualified range management
35 consultant to prepare an estimate of depredation based on his inspection. The
36 cost of the consultant shall be divided equally between the owner or lessee
37 and the department, subject to reapportionment of the costs by an arbitration
38 panel pursuant to the provisions of subsection (8) of this section. After the
39 initial complaint, it shall be the responsibility of both the department and
40 the owner or lessee to jointly design and implement a mutually agreeable
41 method of determining forage utilization and damage or loss due to wildlife
42 through the use of exclosure cages or other devices. For purposes of this sub-
43 section, "forage" shall mean growing or matured plants grown for livestock
45 (5) The notice of damages caused pursuant to an incident as set forth in
46 subsection (2), (3) or (4) of this section, must be in written form, shall be
47 in the form of a claim for damages substantially the same as required by sec-
48 tion 6-907, Idaho Code, shall be attested to by the claimant under oath, and
49 the claim shall be at least for one thousand dollars ($1,000). The claim shall
50 not be amended after it is filed, provided however, that a claimant may file
51 an additional claim in the event additional damage occurs subsequent to filing
52 the initial claim. The department shall prepare and make available suitable
53 forms for notice and claim for damages. Claims may be submitted only for the
54 fiscal year (July 1 through June 30) in which they occurred. Any person sub-
55 mitting a fraudulent claim shall be prosecuted for a felony as provided in
1 section 18-2706, Idaho Code.
2 (6) Upon receipt by the department, the department shall review the
3 claim, and if approved, pay it as provided in section 36-114, Idaho Code.
4 Failure on the part of the owner or lessee to allow on-site access for inspec-
5 tion and investigation of alleged losses shall void the claim for damages.
6 (7) In the event the owner or lessee and the department fail to agree on
7 the amount of damages within fifteen (15) days of the written claim, either
8 party may elect to retain the services of an independent certified insurance
9 adjuster licensed in the state of Idaho to view the affected property and
10 determine the amount of damages. The independent certified adjuster shall com-
11 plete his review and determination within twenty (20) days from the date he is
12 retained, and will report his determination in writing by certified mail to
13 the department and to the owner or lessee. Neither the owner or lessee, nor
14 the department, shall disturb the affected property prior to review and deter-
15 mination by the independent insurance adjuster. Costs associated with the ser-
16 vices of the independent insurance adjuster shall be divided equally between
17 the owner or lessee and the department, subject to reapportionment of the
18 costs by an arbitration panel pursuant to the provisions of subsection (8) of
19 this section. If the department, or the owner or lessee, reject the determina-
20 tion of the adjuster, they shall notify the other party in writing of the
21 rejection within five (5) days of receipt of the adjuster's determination. In
22 the event that either party rejects the adjuster's determination, the provi-
23 sions of subsection (8) of this section shall apply.
24 (8) Within five (5) working days of a rejection of an adjuster's determi-
25 nation of damages, the director must convene an arbitration panel. To convene
26 an arbitration panel, the director must, within five (5) working days, appoint
27 the department's representative and notify the owner or lessee of the appoint-
28 ment. The owner or lessee shall, within the next five (5) working days follow-
29 ing such notice from the department, appoint his representative and notify the
30 department of the appointment. Within the next five (5) working days, the
31 department representative and the owner or lessee must mutually appoint the
32 third arbitrator. The arbitration panel shall consist of three (3) members, as
34 (a) The director of the department of fish and game or his designee;
35 (b) The owner or his designee, or the lessee or his designee;
36 (c) One (1) member selected by the two (2) members above.
37 The panel shall convene within thirty (30) days of the selection of the third
38 arbitrator, and render its decision within fourteen (14) days after the hear-
39 ing. When convened, the arbitration panel shall have the same authority to
40 make on-site inspections as the department. The owner or lessee shall be
41 responsible for payment of the expenses of his appointee; the director shall
42 pay the expenses of his appointee from the expendable big game depredation
43 fund; and the expenses of the third member shall be divided equally between
44 the owner or lessee and the department. The panel shall consider the claim
45 submitted by the owner or lessee, the estimate of damages determined by the
46 department, and the determination of the independent insurance adjuster, and
47 shall select one (1) amount as being the closest to the actual damages sus-
48 tained by the owner or lessee. The panel is authorized to review the costs
49 associated with retaining the independent insurance adjuster and to determine
50 whether those costs should be borne solely by the owner or lessee, or by the
51 department, or be apportioned between the owner or lessee and the department.
52 The arbitration panel shall report its decision in writing to both the owner
53 or lessee and to the department within ten (10) days of the decision, and the
54 decision of the panel shall be binding on the owner or lessee and the depart-
55 ment. The fish and game advisory committee shall develop guidelines to govern
1 arbitration procedures in accordance with chapter 52, title 67, Idaho Code.
2 (9) Any claim received by the department under the provisions of subsec-
3 tion (5) of this section, and approved in the amount as submitted, must be
4 processed by the department within sixty (60) calendar days of receipt. Pay-
5 ment for claims must be made within forty-five (45) calendar days of such
6 approval. Any claim damage determination by an independent insurance adjuster
7 pursuant to subsection (7) of this section, accepted by the department, must
8 be paid by the department within forty-five (45) calendar days of the determi-
9 nation. If the claim is arbitrated, the arbitration must be completed within
10 one hundred eighty (180) calendar days of filing the claim for such damages.
11 (10) All claims filed for payment from the big game primary or secondary
12 depredation accounts pursuant to section 36-1108, 36-1109 or 36-1110, Idaho
13 Code, not finalized on or before June 30, 2003, shall be processed pursuant to
14 this section.
15 SECTION 5. That Sections 36-1109 and 36-1110, Idaho Code, be, and the
16 same are hereby repealed.
17 SECTION 6. That Section 36-122, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 36-122. ADVISORY COMMITTEE. (a) There is hereby created the fish and game
20 advisory committee. The committee shall consist of twelve (12) members. Six
21 (6) members of the committee shall be appointed by the director of the depart-
22 ment of fish and game to generally represent wildlife interests. Six (6) mem-
23 bers of the committee shall be appointed by the director of the department of
24 agriculture to generally represent agricultural interests. At the beginning of
25 each odd-numbered year, the director of the department of agriculture shall
26 appoint a chairman from among his appointees, and the director of the depart-
27 ment of fish and game shall appoint a vice-chairman vice chairman from among
28 his appointees. At the beginning of each even-numbered year, the director of
29 the department of fish and game shall appoint a chairman from among his
30 appointees, and the director of the department of agriculture shall appoint a
31 vice-chairman vice chairman from among his appointees. The committee shall
32 meet at such times as appropriate, but not less frequently than annually.
33 (b) All members shall be appointed to serve three (3) year terms.
34 Appointments to fill vacancies shall be for the balance of the unexpired
35 term. All members shall be appointed by and serve at the pleasure of the
36 respective directors of the department of agriculture or the department of
37 fish and game. Members shall be compensated as provided in section 59-509(b),
38 Idaho Code, and such expenses shall be paid from the big game primary depreda-
39 tion account.
40 (c) The department of fish and game shall provide staff assistance and
41 support for the committee.
42 (d) The committee shall have the authority to:
43 1. Act as a liaison between the commission, landowners, the department of
44 agriculture, the department of fish and game, and wildlife, outdoor recre-
45 ation and sportsmen's organizations;
46 2. Act as an independent resource to give advice and recommendations on
47 administration of the programs authorized in section s 36-1108, and
48 36-1109, Idaho Code.
STATEMENT OF PURPOSE
This legislation combines the big game primary and big game secondary
depredation accounts and provides for the use of an insurance
adjuster to reduce disagreements between the Idaho Department of
Fish and Game and claimants. It changes the percentage of payment
at the time of approval from 33.3% to 50%, repeals three separate
sections dealing with various forms of depredation and combines
them into one section to provide consistency. It adds goats to the
definition of livestock. The bill establishes a nonexpendable trust
fund to generate revenues and an expendable fund from which payments
are to be made. The legislation replaces the annual transfer of
$200,000 from the fish and game account to the primary depredation
account with an annual transfer of $50,000 to the nonexpendable big
game depredation fund. This removes a potential conflict of interest
the Department may have to pay claims.
There is no fiscal impact on the general fund. However, there will
be an increase in claims due to the inclusion of goats and there
could be a larger portion of claims paid out to claimants due to
the involvement of an independent insurance adjuster. Amounts paid
out during the last 5 years from the primary and secondary accounts
combined averaged $130,500 per year. The depredation fund would
remain self-sustaining for the next 20 years assuming an annual 4%
increasing claim level. A periodic review of the $50,000 transfer to
the nonexpendable trust will be necessary to assure funding into
Name: Representative Ken Roberts
STATEMENT OF PURPOSE/FISCAL NOTE H 539