DAR File No. 28796

Natural Resources, Wildlife Resources

R657-24

Compensation for Mountain Lion and Bear Damage

NOTICE OF PROPOSED RULE

DAR File No.: 28796
Filed: 06/08/2006, 05:41
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended as per as statue change made during the last session of the Utah Legislature. The purpose of this rule is to establish the procedures and standards for allowing livestock owners to obtain compensation for damages to livestock by wildlife.

Summary of the rule or change:

The changes to this rule: 1) amend the rule to be in compliance with H.B. 287 that was recently passed by the Legislature and signed by the Governor; 2) add eagle to the title of the rule; 3) add eagle to the list of species individuals may be receive compensation for damages to livestock from; 4) define eagle; 5) clarify that payments for damages causes to livestock by eagles are not made until mountain lion and bear claims for a fiscal year have first been paid; and 6) make technical corrections.

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--These amendments do not create a cost or savings impact to the state budget or the Division of Wildlife Resources' budget. The budget of the Division of Wildlife Resources 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.

other persons:

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 eagles 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 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:

07/31/2006

This rule may become effective on:

08/07/2006

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-24. Compensation for Mountain Lion[ and], Bear 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[ and], black bear or 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).

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

(1) When livestock are damaged by a [bear or ]mountain lion, bear or an eagle, the owner may receive compensation 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. 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[and] must be followed in writing within four working days after the damage is discovered. A Proof of Loss form must then be submitted within 30 days after the original written notification.

(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.

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

(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: [March 6, ]2006

Notice of Continuation: October 7, 2005

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

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

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.