Utah Code 23A-8-201. Procedure to obtain compensation for livestock damage done by bear, mountain lion, wolf, or eagle
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(1)
Terms Used In Utah Code 23A-8-201
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Natural Resources. See Utah Code 23A-1-101
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Livestock: means cattle, sheep, horses, goats, or turkeys. See Utah Code 23A-8-101
- Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
- Threatened: means wildlife designated as threatened pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
- Wildlife: means :(61)(a) crustaceans, including brine shrimp and crayfish;(61)(b) mollusks; and(61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
- Wildlife Board: means the board created in Section
23A-2-301 . See Utah Code 23A-1-101- Wolf: means the gray wolf Canis lupus. See Utah Code 23A-8-101
(1)(a)(1)(a)(i) Except as provided by Subsection (1)(a)(ii), if livestock are damaged by a bear, mountain lion, wolf, or an eagle, the owner may receive compensation for the fair market value of the damage to the livestock.(1)(a)(ii) The owner of livestock may not receive compensation if the livestock is damaged by a wolf within an area where a wolf is endangered or threatened under the Endangered Species Act of 1973, 16 U.S.C. § 1531, et seq.(1)(b) To obtain compensation under this section, the owner of the damaged livestock shall notify the division of the damage as soon as possible, but no later than four days after the damage to the livestock is discovered.(1)(c) The owner shall notify the division each time damage to livestock is discovered. - Wildlife Board: means the board created in Section
(2) The livestock owner shall file a proof of loss form, provided by the division, no later than 30 days after the original notification of damage to livestock was given to the division by the owner.
(3)
(3)(a)
(3)(a)(i) The division, with the assistance of the Department of Agriculture and Food shall:
(3)(a)(i)(A) within 30 days after the owner files the proof of loss form, either accept or deny the claim for damages; and
(3)(a)(i)(B) subject to Subsections (3)(a)(ii) through (3)(a)(iv), pay the accepted claims to the extent money appropriated by the Legislature is available for this purpose.
(3)(a)(ii) Money appropriated from the Wildlife Resources Account may be used to provide compensation for only up to 50% of the fair market value of damaged livestock.
(3)(a)(iii) Money appropriated from the Wildlife Resources Account may not be used to provide compensation for livestock damaged by an eagle or a wolf.
(3)(a)(iv) The division may not pay an eagle damage claim until the division has paid all accepted mountain lion and bear livestock damage claims for the fiscal year.
(3)(b) The division may not pay mountain lion, bear, wolf, or eagle damage claims to a livestock owner unless the owner has filed a completed livestock form and the appropriate fee as outlined in Section 4-23-107 for the immediately preceding and current year.
(3)(c)
(3)(c)(i) Unless the division denies a claim for the reason identified in Subsection (3)(b), the owner may appeal the decision to a panel consisting of one person selected by the owner, one person selected by the division, and a third person selected by the first two panel members.
(3)(c)(ii) The panel shall decide whether the division should pay all of the claim, a portion of the claim, or none of the claim.
(4) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce rules to administer and enforce this section.