The Washington Department of Fish and Wildlife (WDFW) 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 WDFW may compensate eligible farmers for damage to their commercial crops from deer or elk. The WDFW is restricted to pay no more than $120,000 per fiscal year from the wildlife fund and no more than $30,000 per fiscal year from the general fund. The Legislature may declare an emergency under certain circumstances and may appropriate additional monies to the WDFW 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.
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 WDFW 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 WDFW must develop a three-year pilot program to collar elk within herds nearest agricultural lands within the WDFW'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 WDFW, 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 WDFW 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.
The committee recommended a different version of the bill than what was heard. PRO: The bill will only impact claims prospectively, and provides an incentive for landowners to work with the WDFW to conduct mitigation to get crop damage payments. While the increase in available funds is helpful, the bill still needs more work. Elk can cause significant damage, and more needs to be done to find solutions to mitigate the problem. Focusing on mitigating damage is a better solution than increasing funds for crop damage.
The committee recommended a different version of the bill than what was heard. PRO: In a look through the history of the statutes associated with this policy, the cap on claim amounts was removed in 2009. We are asking to balance out the protection of native wildlife and the protection of agricultural crops. We need more protection and compensation for crop damage.