The definitions in RCW 77.08.010 and 77.36.010 apply to this chapter. In addition, unless otherwise provided, the following definitions are applicable to this chapter:

"Act of damaging" means that private property is in the process of being damaged by wildlife.

"Attack" means imminent or actual animal-to-human or animal-to-animal physical contact including, but not limited to, chasing, pursuing, biting, wounding, or killing. Attack does not include being in the presence of, in proximity to, or being under observation by any wildlife.

"Claimant" means owner of commercial crop, livestock, or other private property who has filed a wildlife damage claim for cash compensation.

"Commercial crop" means a commercially raised horticultural and/or agricultural product and includes the growing or harvested product, but does not include livestock, forest land, or rangeland. For the purposes of this chapter, Christmas trees and managed pasture grown using agricultural methods including one or more of the following: Seeding, planting, fertilizing, irrigating, and all parts of horticultural trees, are considered a commercial crop and are eligible for cash compensation.

"Commercial livestock" means a commercially raised livestock animal that is produced and raised for buying, selling, or bartering in a for-profit livestock production business.

"Completed written claim" means that all of the information required on a department property damage claim form is supplied and complete, including all supplemental information and certifications required to process the claim.

"Damage claim assessment" means department approved methods to evaluate crop loss and value caused by deer or elk damage to commercial crops, commercial livestock, and working dog losses and value caused by bear, cougar, or wolves.

"Department fence" means a fence provided by the Washington department of fish and wildlife cooperative fencing program.

"Direct livestock loss" means a death or injury to livestock directly attributable to a physical attack by a wolf, cougar, or bear as supported by evidence and an investigation by the department.

"Domestic animal" means any animal that is lawfully possessed and controlled by a person including, but not limited to, commercial livestock and working dogs.

"Eligible farmer" means an owner who satisfies the definition of eligible farmer pursuant to RCW 82.08.855 (4)(b)(i) through (iv).

"Emergent" 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.

"Fair market value" means a price at which buyers and sellers with a reasonable knowledge of pertinent facts and not acting under any compulsion are willing to do business and purchase or sell a crop or animal at the first point of delivery from the origin, and does not include transportation, cleaning, processing, packaging, or other costs. This value also can be the replacement value of an equivalent animal in the same age and sex in an undamaged condition at the time of injury or loss.

"Immediate family member" means spouse, state registered domestic partner, brother, sister, grandparent, parent, child, or grandchild.

"Immediate threat of physical harm" means that animal-to-human bodily contact is imminent; and the animal is in attack posture/mode.

"Indirect livestock loss" means an injury that does not include direct evidence of a wolf physical attack and only includes claims involving higher than normal livestock losses of missing or unaccounted livestock, reduced weight gains, or reduced pregnancy rates due to increased stress from harassment of livestock caused by wolves.

"Livestock" means horses, cattle, sheep, when claims are paid with state funds, and additionally means goats, swine, donkeys, mules, llamas, and alpacas when nonstate claims funds are available and consistent with the rules of the third-party funding entity.

"Owner" means a person who has a legal ownership, or leased property right to commercial crops, livestock, or other private property that was damaged during a wildlife interaction.

"Private property" includes personal property, such as a vehicle, domestic animals, livestock, and commercial crops as well as real property, such as a barn.

"Public hunting" means an owner satisfies the "public hunting" requirement for his or her land, as defined in WAC 220-440-190.

"Qualified livestock appraiser" means an independent third party with at least four years of verifiable experience in livestock commercial marketing or valuation, or who holds current certification as a livestock appraiser to assist in the evaluation of livestock or working dog claims.

"Wildlife control operator" means a person who has successfully completed the department's designated training and obtained and maintains certification from the department to charge a fee to assist landowners to prevent or control problems caused by wildlife.

"Working dog" means dogs trained for the purpose of guarding and protecting commercially raised livestock from attack by wildlife or for herding commercially raised livestock.

[Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.047, 77.36.010, 77.36.100, 77.36.110, 77.36.120, and 77.36.130. WSR 26-10-043 (Order 25-20), s 220-440-020, filed 5/1/26, effective 6/1/26. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-440-020, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.047, 77.12.240, chapter 77.36 RCW, and 2013 c 329. WSR 13-22-056 (Order 13-282), § 232-36-030, filed 11/4/13, effective 12/5/13. Statutory Authority: RCW 77.04.012, 77.04.020, 77.04.055, and 77.36.120. WSR 13-05-003 (Order 13-19), § 232-36-030, filed 2/6/13, effective 3/9/13. Statutory Authority: RCW 77.04.012, 77.04.020, and 77.04.055. WSR 10-13-182 (Order 10-156), § 232-36-030, filed 6/23/10, effective 7/24/10.]