IDAPA 02.01.08
All livestock owners within the state of Idaho that have experienced depredation of livestock by grizzly bear and wolves.
This rule governs the process of providing compensation to livestock owners that have experienced depredation of livestock by grizzly bear and wolves. This rule states the process and procedures for the distribution of funds from the Depredation of Livestock and Prevention Fund.
This rule provides guidance and further clarification regarding implementation of the depredation compensation provided by HB592 as passed by the 2024 Idaho Legislature. As directed by statute, the department has consulted with the Idaho Department of Fish and Game, and the Office of Species Conservation in the development of this rule.
Rulemaking and administrative authority for this rule, as provided by Section 36-1121, Idaho Code, includes multiple state agencies. As such, while the statute is placed in Chapter 36, Idaho Code, it does also pertain to the Idaho State Department of Agriculture and the Governor’s Office of Species Conservation.
This rule implements the following statute passed by the Idaho Legislature:
Idaho State Department of Agriculture
2270 Old Penitentiary Rd.
Boise, ID 83712
P.O. Box 7249
Boise, ID 83707
Phone: (208) 332-8500
Fax: (208) 334-2170
Email: rulesinfo@isda.idaho.gov
Webpage:
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
02.01.08 – Rules Governing Grizzly Bear and Wolf Depredation
000. Legal Authority. ... 3
001. Scope. ... 3
002. – 009. (Reserved) ... 3
010. Definitions. ... 3
011. – 100. (Reserved) ... 3
101. Compensation Matrix for Depredated Livestock. ... 3
102. – 109. (Reserved) ... 4
110. Physical Field Examinations. ... 4
111. – 149. (Reserved) ... 4
150. Conflict Prevention Program. ... 4
151. – 999. (Reserved) ... 4
Section 36-1121, Idaho Code.
(7-1-26)
This chapter governs compensation to livestock owners that have experienced depredation of livestock by grizzly bear and/or wolves.
(7-1-26)
For the purposes of this rule, the following are defined as:
(7-1-26)
01. Depredation. The damage or destruction of property, including livestock, by a wolf or grizzly bear.
(7-1-26)
02. Producer. Any person who owns livestock for purposes of herding, breeding, raising, or selling.
(7-1-26)
03. Confirmed. A finding that depredation was definitive as determined by a state authorized investigator through a physical field examination.
(7-1-26)
04. Probable. A finding that depredation was likely as determined by a state authorized investigator through a physical field examination.
(7-1-26)
05. Possible. A finding that depredation may have occurred, but the evidence available during the physical field examination is insufficient to support a probable or confirmed determination. The cause of death may be unclear.
(7-1-26)
06. Negative/Unknown Finding. A finding on the physical field examination that the depredation was not definitively due to a grizzly bear or wolf attack or is unknown/inconclusive.
(7-1-26)
07. State Authorized Investigator. United States Department of Agriculture (USDA) Wildlife Services or other state, federal, or county agency, that has been approved by the Agencies to perform physical field examinations. The Idaho Depredating Wildlife Appeals Board is considered a State Authorized Investigator.
(7-1-26)
08. Physical Field Examination. An on-site examination performed by a state authorized investigator to examine the incident, and a cause will be determined based on evidence collected.
(7-1-26)
09. The Agencies. The Idaho State Department of Agriculture, Department of Fish and Game, and Office of Species Conservation, collectively.
(7-1-26)
01. Compensation Valuation. The program employs the following protocols for determining compensation valuation of livestock.
(7-1-26)
a. Prices paid will be based on the market rate for the grazing season/calendar year in which the losses occurred. This market rate is based on the type of livestock that was depredated. Reports that may be used are: a comprehensive nationwide average through Cattlefax (www.cattlefax.com), USDA reports, American Sheep Industry market reports, a compilation of USDA private market data and local prices. The rates are listed for adult cows, bulls, calves, ewes, rams, lambs, equine, goats, llamas, swine, poultry, and bees.
(7-1-26)
b. Compensation will be paid based upon site specific information regarding actual losses (kills or injuries) submitted by the applicant with the Species Depredation Investigation Report being the foundation of the claim. Actions by the Idaho Depredating Wildlife Appeals Board will be considered the final Investigation Report for the purposes of this chapter, per Section 22-5501, Idaho Code.
(7-1-26)
c. Injured Livestock Compensation. Producers may be compensated for the value of injured livestock in any of the following methods:
(7-1-26)
i. The compensation program may pay for the value of an injured animal that cannot be marketed due to injuries sustained in an eligible attack; or (7-1-26)
ii. The compensation program may pay for injured livestock that are sold at a reduced price due to an eligible attack. The reimbursement will be the difference of the sale price from the fair market value; or (7-1-26)
iii. For those animals not otherwise compensated, the compensation program may pay the cost of veterinary care up to seventy-five percent (75%) of the market rate as determined above for confirmed injured livestock. Invoices for care from a licensed veterinarian must be submitted with the application. Documentation supporting the requested compensation for veterinary care must be submitted in order to qualify for compensation. (7-1-26)
iv. If an animal is injured due to a grizzly bear or wolf and then must be euthanized due to its injuries, an investigator will need to complete an updated Species Depredation Investigation Report to document the change in status. For those animals not otherwise compensated, the compensation program will compensate for the value of the animal upon confirmation. (7-1-26)
d. Claims for depredation shall be paid on a pro rata basis in the event moneys in the fund are insufficient to pay all Confirmed claims in full until such time as moneys in the fund are depleted. (7-1-26)
e. Any moneys in the fund after payment of Confirmed claims shall then be paid to those producers with Probable, then Possible claims of depredation. Claims shall be paid on a pro rata basis in the event moneys in the fund are insufficient to pay all claims in full, until such moneys in the fund are depleted. Negative/Unknown findings will not be paid through this program. (7-1-26)
f. Compensation will not be automatic and the determination of compensation by the Agencies will be final. (7-1-26)
02. Claims. All claims must be submitted to the Office of Species Conservation no later than December 31 for claims during that calendar year. The Office of Species Conservation will submit all eligible claims for payment to the Idaho State Department of Agriculture no later than the end of January following the year of the claim. The Idaho State Department of Agriculture will issue eligible compensation payments no later than the end of February following the year of the claims. Full or pro-rated payments will be dependent on available funding. (7-1-26)
102. – 109. (RESERVED)
Physical field examinations will be conducted by a state authorized investigator. A field examination process will be performed by the investigator to determine a finding for reported suspected depredation incidents. A list of state authorized investigators and field examination protocols can be viewed on the Office of Species Conservation website at www.species.idaho.gov. (7-1-26)
111. – 149. (RESERVED)
The program employs a program for funding projects that assists to prevent depredation. Protocols for determining approvals and funding can be found on the Office of Species Conservation website at www.species.idaho.gov. (7-1-26)
151. – 999. (RESERVED)