Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Agriculture & Natural Resources Committee
2SSB 5784
Brief Description: Concerning deer and elk damage to commercial crops.
Sponsors: Senate Committee on Ways & Means (originally sponsored by Senators Van De Wege, Muzzall, Mullet, Nobles, Wagoner and Warnick; by request of Department of Fish and Wildlife).
Brief Summary of Second Substitute Bill
  • Increases the annual compensation limit for commercial crop damage claims caused by deer or elk paid from the State General Fund from $30,000 to $300,000.
  • Establishes a limit of $30,000 for an appeal of a decision of the Department of Fish and Wildlife (DFW) addressing deer or elk damage to commercial crops.
  • Increases the limit for an individual damage claim from $10,000 to $30,000.
  • Creates a three-year pilot program at the DFW to collar and monitor elk in South Central Washington in an effort to prevent crop and property damage.
  • Requires DFW to review damage compensation programs in other states and submit recommendations to the Legislature for changes to Washington statutes by December 1, 2024.
Hearing Date: 2/16/24
Staff: Rebecca Lewis (786-7339).
Background:

The Department of Fish and Wildlife (DFW) works with landowners and tenants suffering game damage in order to control the damage without killing the animals when practical and to increase the harvest of damage-causing animals in hunting seasons.  The Fish and Wildlife Commission may authorize special hunts to reduce damage from wildlife if there are recurring complaints.
 
The DFW may compensate eligible farmers for damage to their commercial crops from deer or elk.  The DFW may not pay out more than $120,000 per fiscal year from the Wildlife Fund and no more than $30,000 per fiscal year from the State General Fund.  The Legislature may declare an emergency under certain circumstances and may appropriate additional monies to the DFW for damage claims.  The maximum payment amount for a claim is $10,000, except in a case where the outcome of an appeal filed by a claimant determines a higher payment.

Summary of Bill:

The annual compensation limit for commercial crop damage claims caused by deer or elk paid from the State General Fund is increased from $30,000 to $300,000.  The maximum payment amount for a claim is increased from $10,000 to $30,000.  An appeal of a decision of the DFW for deer or elk damage to commercial crops is limited to $30,000.  
 
A claim awarded, but not paid due to being in excess of funds available in the current fiscal year, is eligible for payment in the next fiscal year.  If additional funds are not provided by the Legislature in the next fiscal year, then no further payment may be made on the claim.  Payment of a claim is conditional on the availability of specific funding and is not a guarantee of reimbursement.  Claims submitted during a fiscal year will be prioritized for payment based upon the highest percentage of loss, calculated by comparing agreed-upon or awarded commercial crop damages to the gross sales or harvested value of commercial crops for the previous tax year.
 
The DFW must develop a three-year pilot program to collar elk within herds nearest agricultural lands within the DFW's South Central Management Region.  The pilot program must include elk herds that cause year-round damage or seasonal crop damage.  The collaring of elk must include a data sharing agreement between the DFW, a technology company, and farmers to provide the farmers with knowledge of when elk are in the area or nearing private property when damage may occur to their crops.  The intent of the pilot project is to help farmers more efficiently deploy hazing techniques in an effort to prevent crop, fence, and property damage from elk.  The DFW must report back to the appropriate committees of the Legislature by December 1, 2027, regarding the pilot program.

The WDFW must review crop and livestock wildlife damage programs in other states and submit recommendations to the Legislature for any changes to Washington statutes by December 1, 2024.

Appropriation: None.
Fiscal Note: Requested on February 7, 2024.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.