DAR File No. 28455

Natural Resources, Wildlife Resources

R657-24

Compensation for Mountain Lion and Bear Damage

NOTICE OF PROPOSED RULE

DAR File No.: 28455
Filed: 01/10/2006, 10:07
Received by: NL

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 for taking public input and reviewing the division's mountain lion and bear damage compensation program.

Summary of the rule or change:

Section R657-24-2 is being amended to align the definition of livestock with the definition for livestock listed in Section 23-24-1. Instead of meaning a calf less than 12 months of age, sheep, or a lamb less than 6 months of age, it will now be cattle, sheep, goats, or turkeys. Subsection R657-24-3(1) is being amended to refer to fair market value as stated in Section 23-24-2.

State statutory or constitutional authorization for this rule:

Sections 23-24-1 and 4-23-7

Anticipated cost or savings to:

the state budget:

None--The amendment simply aligns the definition of livestock in Section R657-24-2 with that in Section 23-24-1 and changed the mention of fair market value compensation in Subsection R657-24-3(1) to refer to Section 23-24-2. Therefore, these amendments do not create a cost or savings impact to the state budget or the Division of Wildlife Resources' budget. In Fiscal Year 2006, the Division of Wildlife Resources was budgeted $200,000 to use as payment for mountain and bear damage compensation. That amount varies from year to year and is determined by the Legislature.

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.

other persons:

None--The amendment does 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 amendment simply aligns the definition of livestock in Section R657-24-2 with that in Section 23-24-1 and changed the mention of fair market value compensation in Subsection R657-24-3(1) to refer to Section 23-24-2. Therefore, effected persons do not have any additional compliance costs.

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 Director

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

Direct questions regarding this rule to:

Robin Thomas at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at robinthomas@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:

03/03/2006

This rule may become effective on:

03/06/2006

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-24. Compensation for Mountain Lion and Bear 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 and black bear.

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 [a calf less than 12 months of age, sheep, or a lamb less than six months of age.]cattle, sheep, goats, or turkeys.

(e) "Mountain lion" means Felis concolor.

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

(1) When livestock are damaged by a bear or mountain lion, the owner may receive compensation [for 50% of the fair market value of the damage]in accordance with Section 23-24-1(2).

(2)(a) Notification must be made in writing to one of the regional division offices within four working days of discovering the damage.

(b) Notification may be made orally to expedite field investigations, and must be followed in writing within four working days after the damage is discovered.

(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 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.

(4) Damage payments will be paid only for confirmed losses.

(5)(a) The division or animal damage control specialists will document on approved livestock damage 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 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: [1990]2006

Notice of Continuation: October 7, 2005

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

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Robin Thomas at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at robinthomas@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.