BILL REQ. #:  H-4083.1 

Prefiled 01/07/08. Read first time 01/14/08.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to providing an opportunity for the reimbursement of agricultural appurtenances that are damaged by wildlife; and amending RCW 77.36.010, 77.36.030, and 77.36.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 77.36.010 and 1996 c 54 s 2 are each amended to read as follows:
     ((Unless otherwise specified, the following definitions apply throughout this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Appurtenance" includes personal property, equipment, stored livestock feed, or other possessions reasonably necessary or useful for the production of crops or livestock or commonly used in crop production. The term includes, but is not limited to, fencing and bales of hay.
     (2) "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))) (3) "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))) (4) "Immediate family member" means spouse, brother, sister, grandparent, parent, child, or grandchild.

Sec. 2   RCW 77.36.030 and 1996 c 54 s 4 are each amended to read as follows:
     (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, appurtenances, 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.

Sec. 3   RCW 77.36.040 and 1996 c 54 s 5 are each amended to read as follows:
     (1) Pursuant to this section, the director or the director's designee may distribute money appropriated to pay claims for damages to crops and appurtenances 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)) the crops or appurtenances, whether growing or harvested, and shall be paid only to the owner of the crop or appurtenance 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 or appurtenances 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.