HB0077 - Game and fish-game damage amendments.

 

2001

State of Wyoming

01LSO-0357

Substitute No. 1

CORRECTED COPY

 

 

 

HOUSE BILL NO.  HB0077

 

 

Game and fish-game damage amendments.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to game and fish; creating an endangered
 2  species fund; restricting expenditure of fund earnings to
 3  game damages caused by endangered species; imposing burden
 4  of proof upon game damage claimants; specifying conditions
 5  prohibiting payment of game damage claims; providing
 6  exceptions; and providing for an effective date.

 7 

 8  Be It Enacted by the Legislature of the State of Wyoming:

 9 

10         Section 1.  W.S. 23-1-902 is created to read:

11 

12         23-1-902.  Endangered species fund.

13 

14         (a)  The endangered species fund is created. The fund
15  shall be administered by the state treasurer and shall
16  consist of those funds appropriated or designated to the

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 1  fund by law or by gift from whatever source.  Funds
 2  deposited within the fund are intended to remain inviolate
 3  and constitute a permanent and perpetual trust fund which
 4  shall be invested by the state treasurer as authorized
 5  under W.S. 9-4-711 and in a manner to obtain the highest
 6  return possible consistent with preservation of the fund
 7  corpus.

 8 

 9         (b)  Any interest earned from investment of the
10  endangered species fund corpus shall be credited by the
11  state treasurer to an account within the game and fish fund
12  to be expended by the commission for the management of and
13  payment of damages caused by threatened or endangered
14  wildlife species as listed by the federal government under
15  the federal Endangered Species Act and as authorized under
16  W.S. 23-1-901(b). If at any time the interest earned under
17  this subsection is not sufficient to make game damage
18  payments awarded under W.S. 23-1-901(b), the department
19  shall make payments from other funds available within the
20  Wyoming game and fish fund.

21 

22         Section 2.  W.S. 23-1-901(b), (c) and by creating new
23  subsections (g) and (h) is amended to read:

24 

 

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 1         23-1-901.  Owner of damaged property to report damage;
 2  claims for damages; time for filing; determination; appeal;
 3  arbitration; conditions prohibiting payments.

 4 

 5         (b)  Any landowner, lessee or agent claiming damages
 6  from the state for injury or destruction of property by big
 7  or trophy game animals or game birds of this state shall
 8  present a verified claim for the damages to the Wyoming
 9  game and fish department not later than sixty (60) days
10  after the damage or last item of damage is discovered.  The
11  claim shall specify the damage and amount claimed.  In
12  addition, the claim shall specify the amount of damages
13  claimed due to any big or trophy game animal or game bird
14  listed as threatened or endangered under the federal
15  Endangered Species Act. Any claim paid for damages caused
16  by any big or trophy game animal or game bird listed as
17  threatened or endangered shall be paid from the endangered
18  species fund established under W.S. 23-1-902. As used in
19  this subsection, "verified claim" means a claim which the
20  claimant has signed and sworn to be accurate before a
21  person authorized to administer oaths.

22 

23         (c)  The department shall consider the claims based
24  upon a description of the livestock or bees damaged or

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 1  killed by a trophy game animal, the damaged land, growing
 2  cultivated crops, stored crops including honey and hives,
 3  seed crops, improvements and extraordinary damage to grass.
 4  The claimant shall have the burden of proving the extent of
 5  damage and that the damage claimed was caused by a big or
 6  trophy game animal or game bird. Claims shall be
 7  investigated by the department and rejected or allowed
 8  within ninety (90) days after submission, and paid in the
 9  amount determined to be due. In the event the department
10  fails to act within ninety (90) days, the claim, including
11  interest based on local bank preferred rates, shall be
12  deemed to have been allowed. No award shall be allowed to
13  any landowner who has not permitted hunting on his property
14  during authorized hunting seasons. Any person failing to
15  comply with any provision of this section is barred from
16  making any claim against the department for damages. Any
17  claimant aggrieved by the decision of the department may
18  appeal to the commission within thirty (30) days after
19  receipt of the decision of the department as provided by
20  rules of practice and procedure promulgated by the
21  commission. The commission shall review the department
22  decision at its next meeting following receipt of notice of
23  request for review. The commission shall review the

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 1  investigative report of the department, and it may approve,
 2  modify or reverse the decision of the department.

 3 

 4         (g)  No claim for damages shall be allowed or paid by
 5  the commission under this section:

 6 

 7              (i)  To any landowner, lessee or agent who will
 8  not allow access across land under his control, or charges
 9  any fee for the privilege of access across land under his
10  control, to five (5) or more contiguous sections of state
11  or federal land, for hunting the specific species of big or
12  trophy game animal or game bird for which damages have been
13  claimed during the most recent hunting season established
14  by the commission. This paragraph shall not apply if the
15  contiguous state or federal land is otherwise accessible
16  without charge by public road. The commission may waive
17  application of this paragraph if the department determines
18  access was denied during wet weather in order to protect a
19  private road from damage.  As used in this paragraph,
20  "access" means entry by an existing established road;

21 

22              (ii)  To any landowner, lessee or agent who will
23  not allow the department to implement a depredation
24  prevention hunting season for big or trophy game animals or

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 1  game birds causing damage, or will not allow the department
 2  to kill any big or trophy game animal or game bird causing
 3  the damage.

 4 

 5         (h)  The commission may waive any of the conditions
 6  specified under paragraph (g)(i) of this section if the
 7  species of big or trophy game animal or game bird for which
 8  damages are claimed did not for the most recent hunting
 9  season, occupy the property of the landowner, lessee or
10  agent, or the five (5) or more sections of state or federal
11  land contiguous to the property of the landowner, lessee or
12  agent.

13 

14         Section 3.  This act is effective July 1, 2001.

15 

16                         (END)

 

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