Commercial livestock owners who have worked with the department to prevent depredation but continue to experience losses, or who experience unforeseen losses, may be eligible to file a damage claim and receive cash compensation.

1. (1) Eligibility. Damages payable under this section are limited to the lost or diminished value of commercial livestock, or to working dogs caused by wild bears, cougars, or wolves and shall be paid only to the owner or documented lessee of the commercial livestock, without assignment.

   1. (a) Cash compensation for commercial livestock or working dog losses from bears, cougars, and wolves may include veterinary services but shall not include damage to other real or personal property, including other vegetation or other animals, consequential damages, or any other damages. Commercial livestock owners with a current written agreement with the department will be compensated consistent with the terms of their agreement. If the agreement and this section differ, the terms of the agreement will control.
   2. (b) The department is authorized to pay only the fair market value for the eligible direct livestock or working dog lost or the fair market value of indirect livestock losses caused by wolves per claim, subject to the limits in RCW 77.36.130.

2. (2) Denial. Claims for cash compensation will be denied when:

   1. (a) Funds for livestock compensation have not been specifically appropriated by the legislature or other funding entity;
   2. (b) The claim is for livestock other than sheep, cattle, or horses, or a claim for a working dog when only state funds are available; or any domestic animals not allowed by the requirements of a third-party funding entity;
   3. (c) The owner fails to provide the department with an approved checklist of the preventative and nonlethal means that have been employed, or the owner failed to comply with the terms and conditions of his or her agreement(s) with the department;
   4. (d) The owner has accepted noncash compensation to offset livestock or working dog losses in lieu of cash. Acceptance of noncash compensation will constitute full and final payment for livestock losses within a fiscal year;
   5. (e) Damages to the livestock or other domestic animals claimed are covered by insurance or are eligible for payment from third-party organizations. However, the owner may include any portion of the fair market value of the eligible damage not covered by a third-party organization in a claim to the department;
   6. (f) The owner fails to provide on-site access to the department or department's designee for inspection and investigation of alleged attack or to verify eligibility for claim;

   7. (g) The owner has not provided a completed written claim or met required timelines prescribed within this chapter;

      The department is authorized, at its discretion, to adjust required timelines by up to the end of the current fiscal year if the claimant can demonstrate a verifiable hardship to comply with the timeline. The hardship must be significant enough to cause a substantial impact on the claimant's ability to comply with the requirements to submit a claim and not the result of the claimant's own actions. The department reviews hardships on a case-by-case basis and reserves the right to determine whether a hardship is reasonable;

   8. (h) No claim will be processed if the owner fails to sign a statement affirming that the facts and supporting documents are truthful to the best of the owner's knowledge; or
   9. (i) The owner or designee has salvaged or rendered the carcass or allowed it to be scavenged without an investigation completed under the direction of the department.

[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 220-440-170, filed 5/1/26, effective 6/1/26. Statutory Authority: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.047, 77.36.170, and 77.36.180. WSR 18-04-049 (Order 18-15), § 220-440-170, filed 1/31/18, effective 3/3/18. 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), recodified as § 220-440-170, 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), § 232-36-200, 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), § 232-36-200, 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), § 232-36-200, filed 6/23/10, effective 7/24/10.]