23-24-1 - Procedure to obtain compensation for livestock damage done by bear, mountain lion, wolf, or eagle. - Utah Statutes

23-24-1. Procedure to obtain compensation for livestock damage done by bear,mountain lion, wolf, or eagle.
(1) As used in this section:
(a) "Damage" means injury to or loss of livestock.
(b) "Division" means the Division of Wildlife Resources.
(c) "Livestock" means cattle, sheep, goats, or turkeys.
(d) (i) "Wolf" means the gray wolf Canis lupus.
(ii) "Wolf" does not mean a wolf hybrid with a domestic dog.
(2) (a) (i) Except as provided by Subsection (2)(a)(ii), if livestock are damaged by a bear,mountain lion, wolf, or an eagle, the owner may receive compensation for the fair market valueof the damage.
(ii) The owner may not receive compensation if the livestock is damaged by a wolfwithin an area where a wolf is endangered or threatened under the Endangered Species Act of1973, 16 U.S.C. Sec. 1531, et seq.
(b) To obtain this compensation, the owner of the damaged livestock shall notify thedivision of the damage as soon as possible, but no later than four days after the damage isdiscovered.
(c) The owner must notify the division each time any damage is discovered.
(3) The livestock owner shall file a proof of loss form, provided by the division, no laterthan 30 days after the original notification of damage was given to the division by the owner.
(4) (a) (i) The division, with the assistance of the Department of Agriculture and Foodshall:
(A) within 30 days after the owner files the proof of loss form, either accept or deny theclaim for damages; and
(B) subject to Subsections (4)(a)(ii) through (4)(a)(iv), pay all accepted claims to theextent money appropriated by the Legislature is available for this purpose.
(ii) Money appropriated from the Wildlife Resources Account may be used to providecompensation for only up to 50% of the fair market value of any damaged livestock.
(iii) Money appropriated from the Wildlife Resources Account may not be used toprovide compensation for livestock damaged by an eagle or a wolf.
(iv) The division may not pay any eagle damage claim until the division has paid allaccepted mountain lion and bear damage claims for the fiscal year.
(b) The division may not pay mountain lion, bear, wolf, or eagle damage claims to alivestock owner unless the owner has filed a completed livestock form and the appropriate fee asoutlined in Section 4-23-7 for the immediately preceding and current year.
(c) (i) Unless the division denies a claim for the reason identified in Subsection (4)(b),the owner may appeal the decision to a panel consisting of one person selected by the owner, oneperson selected by the division, and a third person selected by the first two panel members.
(ii) The panel shall decide whether the division should pay all of the claim, a portion ofthe claim, or none of the claim.
(5) By following the procedures and requirements of Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, the Wildlife Board may make and enforce rules to administerand enforce this section.

Amended by Chapter 289, 2010 General Session