AN ACT Relating to
property damage by wildlife; adding a new chapter to Title 77 RCW; creating new
sections; repealing RCW 77.12.265, 77.12.270, 77.12.280, 77.12.290, and
77.12.300; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that:
(1) As the number of
people in the state grows and wildlife habitat is altered, people will
encounter wildlife more frequently. As a result, conflicts between humans and
wildlife will also increase. Wildlife is a public resource of significant
value to the people of the state and the responsibility to minimize and resolve
these conflicts is shared by all citizens of the state.
(2) In particular, the
state recognizes the importance of commercial agricultural and horticultural
crop production and the value of healthy deer and elk populations, which can
damage such crops. The legislature further finds that damage prevention is key
to maintaining healthy deer and elk populations, wildlife-related recreational
opportunities, and commercially productive agricultural and horticultural
crops, and that the state, participants in wildlife recreation, and private
landowners and tenants share the responsibility for damage prevention. Toward
this end, the legislature encourages landowners and tenants to contribute through
their land management practices to healthy wildlife populations and to provide
access for related recreation. It is in the best interests of the state for
the department of fish and wildlife to respond quickly to wildlife damage
complaints and to work with these landowners and tenants to minimize and/or
prevent damages and conflicts while maintaining deer and elk populations for
enjoyment by all citizens of the state.
(3) A timely and
simplified process for resolving claims for damages caused by deer and elk for
commercial agricultural or horticultural products is beneficial to the claimant
and the state.
NEW SECTION. Sec.
2. Unless otherwise
specified, the following definitions apply throughout this chapter:
(1) "Crop"
means a commercially raised horticultural and/or agricultural product and
includes growing or harvested product but does not include livestock. For the
purposes of this chapter all parts of horticultural trees shall be considered a
crop and shall be eligible for claims.
(2)
"Emergency" means an unforeseen circumstance beyond the control of
the landowner or tenant that presents a real and immediate threat to crops,
domestic animals, or fowl.
(3) "Immediate
family member" means spouse, brother, sister, grandparent, parent, child,
or grandchild.
NEW SECTION. Sec.
3. The department shall work
closely with landowners and tenants suffering game damage problems to control
damage without killing the animals when practical, to increase the harvest of
damage-causing animals in hunting seasons, and to kill the animals when no
other practical means of damage control is feasible.
If the department
receives recurring complaints regarding property being damaged as described in
this section or section 4 of this act from the owner or tenant of real
property, or receives such complaints from several such owners or tenants in a
locale, the commission shall consider conducting a special hunt or special
hunts to reduce the potential for such damage.
NEW SECTION. Sec.
4. (1) Subject to the
following limitations and conditions, the owner, the owner's immediate family
member, the owner's documented employee, or a tenant of real property may trap
or kill on that property, without the licenses required under RCW 77.32.010 or
authorization from the director under RCW 77.12.240, wild animals or wild birds
that are damaging crops, domestic animals, or fowl:
(a) Threatened or
endangered species shall not be hunted, trapped, or killed;
(b) Except in an
emergency situation, deer, elk, and protected wildlife shall not be killed
without a permit issued and conditioned by the director or the director's
designee. In an emergency, the department may give verbal permission followed
by written permission to trap or kill any deer, elk, or protected wildlife that
is damaging crops, domestic animals, or fowl; and
(c) On privately owned
cattle ranching lands, the land owner or lessee may declare an emergency only
when the department has not responded within forty-eight hours after having
been contacted by the land owner or lessee regarding damage caused by wild animals
or wild birds. In such an emergency, the owner or lessee may trap or kill any
deer, elk, or other protected wildlife that is causing the damage but deer and
elk may only be killed if such lands were open to public hunting during the
previous hunting season, or the closure to public hunting was coordinated with
the department to protect property and livestock.
(2) Except for coyotes
and Columbian ground squirrels, wildlife trapped or killed under this section
remain the property of the state, and the person trapping or killing the
wildlife shall notify the department immediately. The department shall dispose
of wildlife so taken within three days of receiving such a notification and in
a manner determined by the director to be in the best interest of the state.
NEW SECTION. Sec.
5. (1) Pursuant to this
section, the director or the director's designee may distribute money
appropriated to pay claims for damages to crops caused by wild deer or elk in
an amount of up to ten thousand dollars per claim. Damages payable under this
section are limited to the value of such commercially raised horticultural or
agricultural crops, whether growing or harvested, and shall be paid only to the
owner of the crop at the time of damage, without assignment. Damages shall not
include damage to other real or personal property including other vegetation or
animals, damages caused by animals other than wild deer or elk, lost profits,
consequential damages, or any other damages whatsoever. These damages shall
comprise the exclusive remedy for claims against the state for damages caused
by wildlife.
(2) The director may
adopt rules for the form of affidavits or proof to be provided in claims under
this section. The director may adopt rules to specify the time and method of
assessing damage. The burden of proving damages shall be on the claimant.
Payment of claims shall remain subject to the other conditions and limits of
this chapter.
(3) If funds are
limited, payments of claims shall be prioritized in the order that the claims
are received. No claim may be processed if:
(a) The claimant did
not notify the department within ten days of discovery of the damage. If the
claimant intends to take steps that prevent determination of damages, such as
harvest of damaged crops, then the claimant shall notify the department as soon
as reasonably possible after discovery so that the department has an
opportunity to document the damage and take steps to prevent additional damage;
or
(b) The claimant did
not present a complete, written claim within sixty days after the damage, or
the last day of damaging if the damage was of a continuing nature.
(4) The director or the
director's designee may examine and assess the damage upon notice. The
department and claimant may agree to an assessment of damages by a neutral
person or persons knowledgeable in horticultural or agricultural practices.
The department and claimant shall share equally in the costs of such third
party examination and assessment of damage.
(5) There shall be no
payment for damages if:
(a) The crops are on
lands leased from any public agency;
(b) The landowner or
claimant failed to use or maintain applicable damage prevention materials or
methods furnished by the department, or failed to comply with a wildlife damage
prevention agreement under RCW 77.12.260;
(c) The director has
expended all funds appropriated for payment of such claims for the current
fiscal year; or
(d) The damages are
covered by insurance. The claimant shall notify the department at the time of
claim of insurance coverage in the manner required by the director. Insurance
coverage shall cover all damages prior to any payment under this chapter.
(6) When there is a
determination of claim by the director or the director's designee pursuant to
this section, the claimant has sixty days to accept the claim or it is deemed
rejected.
NEW SECTION. Sec.
6. If the claimant does not
accept the director's decision under section 5 of this act, or if the claim
exceeds ten thousand dollars, then the claim may be filed with the office of
risk management under RCW 4.92.040(5). The office of risk management shall
recommend to the legislature whether the claim should be paid. If the
legislature approves the claim, the director shall pay it from moneys
appropriated for that purpose. No funds shall be expended for damages under
this chapter except as appropriated by the legislature.
NEW SECTION. Sec.
7. The director may refuse
to consider and pay claims of persons who have posted the property against
hunting or who have not allowed public hunting during the season prior to the
occurrence of the damages.
NEW SECTION. Sec.
8. The department may pay no
more than one hundred twenty thousand dollars per fiscal year from the wildlife
fund for claims under section 5 of this act and for assessment costs and
compromise of claims. Such money shall be used to pay animal damage claims
only if the claim meets the conditions of section 5 of this act and the damage
occurred in a place where the opportunity to hunt was not restricted or
prohibited by a county, municipality, or other public entity during the season
prior to the occurrence of the damage.
NEW SECTION. Sec.
9. (1) The department may pay
no more than thirty thousand dollars per fiscal year from the general fund for
claims under section 5 of this act and for assessment costs and compromise of
claims unless the legislature declares an emergency. Such money shall be used
to pay animal damage claims only if the claim meets the conditions of section 5
of this act and the damage occurred in a place where the opportunity to hunt
was restricted or prohibited by a county, municipality, or other public entity
during the season prior to the occurrence of the damage.
(2) The legislature may
declare an emergency, defined for the purposes of this section as any happening
arising from weather, other natural conditions, or fire that causes unusually
great damage to commercially raised agricultural or horticultural crops by deer
or elk. In an emergency, the department may pay as much as may be subsequently
appropriated, in addition to the funds authorized under subsection (1) of this section,
for claims under section 5 of this act and for assessment and compromise of
claims. Such money shall be used to pay animal damage claims only if the claim
meets the conditions of section 5 of this act and the department has expended
all funds authorized under section 8 of this act or subsection (1) of this
section.
NEW SECTION. Sec.
10. This act applies
prospectively only and not retroactively. It applies only to claims that arise
on or after the effective date of this act.
NEW SECTION. Sec.
11. Sections 1 through 9 of
this act shall constitute a new chapter in Title 77 RCW.
NEW SECTION. Sec.
12. The following acts or
parts of acts are each repealed:
(1) RCW 77.12.265 and 1995 c
210 s 1, 1987 c 506 s 35, 1985 c 355 s 1, 1980 c 78 s 91, & 1955 c 36 s
77.16.230;
(2) RCW 77.12.270 and 1987 c
506 s 36, 1986 c 126 s 11, 1980 c 78 s 45, 1963 c 177 s 8, & 1955 c 36 s
77.12.270;
(3) RCW 77.12.280 and 1987 c
506 s 37, 1986 c 126 s 12, 1980 c 78 s 46, 1979 c 151 s 176, 1977 ASCE c 144 s
8, 1957 c 177 s 1, & 1955 c 36 s 77.12.280;
(4) RCW 77.12.290 and 1987 c
506 s 38, 1980 c 78 s 47 1963 c 177 s 9, 1957 c 177 s 2, & 1955 c 36 s
77.12.290; and
(5) RCW 77.12.300 and 1987 c
506 s 39, 1980 c 78 s 48, 1957 c 177 s 3, & 1955 c 36 s 77.12.300.
NEW SECTION. Sec.
13. Sections 1 through 12 of
this act shall take effect July 1, 1996.
NEW SECTION. Sec.
14. (1) Notwithstanding any
repeal, until July 1, 1996, claims exceeding two thousand dollars that have
been filed under RCW 77.12.280(1) and that have been submitted to the
legislature under RCW 4.92.040(5) by the risk management office may be paid by
the department from moneys appropriated for payment of such claims.
(2) This section shall
expire June 30, 1996.
