23A-8-405. Compensation for damage to crops, fences, or irrigation equipment -- Limitations -- Appeals.
(1) The division may provide compensation to claimants for damage caused by big game animals to:
(a) cultivated crops on private 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 shall:
(a) notify the division of the damage within 72 hours after the damage is discovered; and
(b) allow division personnel reasonable access to the property to verify and alleviate the depredation problem.
(3)
(a) The claimant and the division shall make an appraisal of the damage as soon after notification as possible.
(b) In determining damage payment, the division and claimant shall consider:
(i) the extent of damage experienced; and
(ii) 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) The division and claimant may not include speculative damages or claims of future value in an appraisal or damage payment beyond the growing season when the damage occurred under this section.
(d) In determining how to assess and compensate for damages to cultivated crops, the division shall base the division's determination on the:
(i) estimated number of big game animals that damaged or consumed cultivated crops;
(ii) estimated quantity of cultivated crops damaged or consumed by big game animals;
(iii) local market value of the cultivated crops that actually have been or will be damaged or consumed by big game animals;
(iv) replacement value of an equivalent aged tree for perennial orchard trees; and
(v) other documented costs directly incurred by the landowner or lessee because of damage to cultivated crops by big game animals.
(e) If the claimant and the division are unable to agree on a fair and equitable damage payment, the claimant and division shall designate a third party, consisting of one or more persons familiar with the crops, fences, or irrigation equipment and the type of big game animals doing the damage, to appraise the damage.
(4)
(a) The total amount of compensation that may be provided by the division pursuant to this section and the total cost of fencing materials provided by the division to prevent crop damage may not exceed the legislative appropriation for fencing material and compensation for damaged crops, fences, and irrigation equipment.
(b)
(i) A claim of $1,000 or less may be paid after appraisal of the damage as provided in Subsection (3), unless the claim brings the total amount of claims submitted by the claimant in the fiscal year to an amount in excess of $1,000.
(ii) A claim for damage to irrigation equipment may be paid after appraisal of the damage as provided in Subsection (3).
(c)
(i) A claim in excess of $1,000, or claim that brings the total amount of claims submitted by the claimant in the fiscal year to an amount in excess of $1,000, shall be treated as follows:
(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 are determined.
(ii) If the total exceeds the amount appropriated by the Legislature pursuant to Subsection (4)(a), claims in excess of $1,000, or a claim that brings the total amount of a claimant'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) fails to exercise reasonable care and diligence to avoid the loss or minimize the damage;
(b) fails to provide the division reasonable access to the property;
(c) fails to allow the division to use reasonable mitigation tools to alleviate the damage;
(d) unreasonably restricts hunting on land under the claimant's control or passage through the land to access public lands for the purpose of hunting, after receiving written notification from the division of the necessity of allowing the hunting or access to control or mitigate damage by big game animals; or
(e) fails to provide supporting evidence of cultivated crop values and claimed costs to the division during the damage appraisal process.
(6)
(a) The Wildlife Board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with Subsection (6)(d), specifying procedures for the appeal of division actions under this section.
(b) Upon the petition of an aggrieved party to a final division action, a mitigation review panel may review the action on the record and issue an order modifying or rescinding the division action.
(c) A mitigation review panel may appoint a third party designated under Subsection (3)(e) for purposes of taking evidence and making recommendations for an order of the mitigation review panel. The mitigation review panel shall consider the recommendations of the designated third party in making decisions.
(d) A mitigation review panel's review of final agency action and judicial review of final action by a mitigation review panel is governed by Title 63G, Chapter 4, Administrative Procedures Act.
Renumbered and Amended by Chapter 103, 2023 General Session
