23-16-4 - Compensation for damage to crops, fences, or irrigation equipment -- Limitations -- Appeals.
23-16-4. Compensation for damage to crops, fences, or irrigation equipment --Limitations -- Appeals.
(1) The division may provide compensation to claimants for damage caused by big gameto:
(a) cultivated crops from or on cleared and planted land;
(b) fences on private land; or
(c) irrigation equipment on private land.
(2) To be eligible to receive compensation as provided in this section, the claimant:
(a) must notify the division of the damage within 72 hours after the damage isdiscovered; and
(b) allow division personnel reasonable access to the property to verify and alleviate thedepredation problem.
(3) (a) The appraisal of the damage shall be made by the claimant and the division assoon after notification as possible.
(b) In determining damage payment, the division and claimant shall consider:
(i) the extent of damage experienced; and
(ii) any revenue the landowner derives from:
(A) participation in a cooperative wildlife management unit;
(B) use of landowner association permits;
(C) use of mitigation permits; and
(D) charging for hunter access.
(c) In determining how to assess and compensate for damages to cultivated crops, thedivision's determination shall be based on the:
(i) full replacement value in the local market of the cultivated crops that actually havebeen or will be damaged or consumed by big game animals; and
(ii) cost of delivery of a replacement crop to the location of the damaged crop or otherlocation that is not farther from the source of the replacement crop.
(d) If the claimant and the division are unable to agree on a fair and equitable damagepayment, they shall designate a third party, consisting of one or more persons familiar with thecrops, fences, or irrigation equipment and the type of game animals doing the damage, toappraise the damage.
(4) (a) Notwithstanding Section 63J-1-504, the total amount of compensation that may beprovided by the division pursuant to this section and the total cost of fencing materials providedby the division to prevent crop damage may not exceed the legislative appropriation for fencingmaterial and compensation for damaged crops, fences, and irrigation equipment.
(b) (i) Any claim of $1,000 or less may be paid after appraisal of the damage as providedin Subsection (3), unless the claim brings the total amount of claims submitted by the claimant inthe fiscal year to an amount in excess of $1,000.
(ii) Any claim for damage to irrigation equipment may be paid after appraisal of thedamage as provided in Subsection (3).
(c) (i) Any claim in excess of $1,000, or claim that brings the total amount of claimssubmitted by the claimant in the fiscal year to an amount in excess of $1,000, shall be treated asfollows:
(A) $1,000 may be paid pursuant to the conditions of this section; and
(B) the amount in excess of $1,000 may not be paid until the total amount of the
approved claims of all the claimants and expenses for fencing materials for the fiscal year aredetermined.
(ii) If the total exceeds the amount appropriated by the Legislature pursuant toSubsection (4)(a), claims in excess of $1,000, or any claim that brings the total amount of aclaimant's claims in a fiscal year to an amount in excess of $1,000, shall be prorated.
(5) The division may deny or limit compensation if the claimant:
(a) has failed to exercise reasonable care and diligence to avoid the loss or minimize thedamage; or
(b) has unreasonably restricted hunting on land under the claimant's control or passagethrough the land to access public lands for the purpose of hunting, after receiving writtennotification from the division of the necessity of allowing such hunting or access to control ormitigate damage by big game.
(6) (a) The Wildlife Board shall make rules specifying procedures for the appeal ofdivision actions under this section.
(b) Upon the petition of an aggrieved party to a final division action, the Wildlife Boardmay review the action on the record and issue an order modifying or rescinding the divisionaction.
(c) A qualified hearing examiner may be appointed for purposes of taking evidence andmaking recommendations for a board order. The board shall consider the recommendations ofthe examiner in making decisions.
(d) Board review of final agency action and judicial review of final board action shall begoverned by Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 183, 2009 General Session