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S1373..........................................by RESOURCES AND ENVIRONMENT
GRIZZLY BEAR - Amends existing law relating to fish and game to provide for
the control of property loss and damage by grizzly bears.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Res/Env
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 31-0-4
AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bilyeu, Burkett, Heinrich, Hill
Floor Sponsor - Siddoway
Title apvd - to House
02/18 House intro - 1st rdg - to Res/Con
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Black, Durst
Floor Sponsor - Sayler
Title apvd - to Senate
03/07 To enrol
03/10 Rpt enrol - Pres signed
03/11 Sp signed
03/12 To Governor
03/14 Governor signed
Session Law Chapter 101
Effective: 03/14/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1373 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1109, IDAHO CODE, TO PROVIDE 3 FOR THE CONTROL OF PROPERTY LOSS AND DAMAGE BY GRIZZLY BEARS, TO PROVIDE 4 FOR CONSULTATION WITH CERTAIN AGENCIES AND LANDUSERS PRIOR TO TRANSPLANT- 5 ING OR RELOCATING ANY GRIZZLY BEAR, TO PROVIDE A PROCEDURE FOR THE REPORT- 6 ING AND HANDLING OF CLAIMS RELATING TO CERTAIN DAMAGE OR DESTRUCTION 7 CAUSED BY GRIZZLY BEARS AND TO DEFINE A TERM; AND DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 36-1109, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-1109. CONTROL OF DAMAGE BY BLACK BEARS, GRIZZLY BEARS OR MOUNTAIN 12 LIONS -- COMPENSATION FOR DAMAGE. (a) Prevention of depredation shall be a 13 priority management objective of the department, and it is the obligation of 14 landowners to take all reasonable steps to prevent property loss from black 15 bears, grizzly bears or mountain lions or to mitigate damage by such. The 16 director, or his representative, will consult with appropriate land management 17 agencies and landusers before transplanting or relocating any black bear, 18 grizzly bear or mountain lion. 19 (b) When any black bear, grizzly bear or mountain lion has done damage to 20 or is destroying livestock on public, state, or private land, whether owned or 21 leased, or when any black bear or grizzly bear has done damage to or is 22 destroying berries or honey on private land, the owner or his representative 23 of such livestock shall, for the purposes of filing a claim, report such loss 24 to a representative of the U.S. department of agriculture animal plant and 25 health inspection services/animal damage control (APHIS/ADC) who shall, within 26 seventy-two (72) hours, investigate the conditions complained of. For purposes 27 of this section, livestock shall be defined as domestic cattle, sheep, and 28 goats. For purposes of this section, grizzly bear shall be defined as any 29 grizzly bear not protected by the federal endangered species act. If it 30 appears that the complaint is well founded and livestock, berries or honey of 31 the complainant has been damaged or destroyed by such black bear, grizzly bear 32 or mountain lion, APHIS/ADC shall so inform the owner or his representative of 33 the extent of physical damage or destruction in question. The owner shall pro- 34 vide the director or the department's regional office with the APHIS/ADC 35 determination of damages or destruction. The physical damages, without estab- 36 lishing a monetary value thereon, as determined by the APHIS/ADC representa- 37 tive shall be final, and shall be binding upon the owner or his representative 38 and on the department. 39 (c) Any claim for damages must be in written form, shall be in the form 40 of a claim for damages substantially the same as required in section 6-907, 41 Idaho Code, shall be attested to by the claimant under oath, and the claim 42 shall be for an amount of at least one thousand dollars ($1,000) in damages 43 per occurrence. The department shall prepare and make available suitable forms 2 1 for claims for damages. Claims may be submitted only for the fiscal year (July 2 1 through June 30) in which they occurred. Any person submitting a fraudulent 3 claim shall be prosecuted for a felony as provided in section 18-2706, Idaho 4 Code. 5 1. Upon receipt by the department, the department shall review the claim, 6 and if approved, pay it as provided in section 36-115, Idaho Code. Failure 7 on the part of the owner or representative to allow on-site access shall 8 negate the claim for damages. 9 2. If the department accepts the claim for damages as submitted by the 10 owner or his representative, the department may approve the claim for pay- 11 ment, or may make a counter offer. If the owner or his representative 12 rejects the department's counter offer, this rejection or refusal must be 13 in writing and submitted within five (5) business days. The value of the 14 damage or destruction will then be determined pursuant to the provisions 15 of subsection (b)3. of section 36-1108, Idaho Code, and, in circumstances 16 so provided for by the provisions of subsection (b)3. of section 36-1108, 17 Idaho Code, pursuant to the provisions of subsection (b)4. of section 18 36-1108, Idaho Code. Any claim received by the department under the provi- 19 sions of this section must be processed by the department within sixty 20 (60) calendar days of receipt. If the claim is approved for payment, the 21 claim must be immediately forwarded to the department of administration 22 for payment. Any damage claim determination by an independent insurance 23 adjuster, accepted by the parties, must be paid by the department within 24 forty-five (45) days of the determination. If the claim is arbitrated, the 25 arbitration must be completed within one hundred eighty (180) days of fil- 26 ing the claim for such damages. 27 SECTION 2. An emergency existing therefor, which emergency is hereby 28 declared to exist, this act shall be in full force and effect on and after its 29 passage and approval.
STATEMENT OF PURPOSE
RS 17642
This bill would amend 36-1109 to include grizzly bears in the program
of compensation for depredation damage, using the same process
currently used for black bears and mountain lions. Grizzly bear
delisting in the Greater Yellowstone Area has transferred management
responsibility to the Idaho Department of Fish and Game. The Idaho
Fish and Game Advisory Committee (Section 36-122, Idaho
Code)recommends that the grizzly bear be included in the department's
depredation program and be covered in the same manner as black bear
depredation. This bill implements the Advisory Committee's
recommendation. This modification only covers grizzly bears that are
not listed under the Endangered Species Act.
FISCAL NOTE
There is no fiscal effect to the General Fund. The projected cost to
Fish and Game funds (expendable big game depredation fund, Section 36-
115(e), Idaho Code) is estimated to be from $1,000 to $4,000 annually.
This projection is based on estimates of grizzly bear numbers in Idaho
and estimates of potential depredation. Annual variation in the cost
of depredation compensation could be large because of weather, forage
conditions, and grizzly bear mobility.
Contact
Name: Kent Marlor
Phone: 208-356-9177
STATEMENT OF PURPOSE/FISCAL NOTE S 1373