Pursuant to this section, the department may distribute money specifically appropriated by the legislature or other funding entity to pay commercial livestock or working dog losses caused by wild bear, cougar, or wolves up to the amount set forth in RCW 77.36.130. The department will develop claim procedures and application forms consistent with this section for cash compensation of commercial livestock or working dog losses.

1. (1) Filing a claim:

   1. (a) Claimant must notify the department within 24 hours of discovery of livestock or other domestic animal attack or as soon as feasible.
   2. (b) Damage claim assessment of amount and value of eligible livestock or working dog loss is the primary responsibility of the claimant.

   3. (c) Investigation of the loss and review and approval of the assessment will be conducted by the department:

      1. (i) The claimant must provide access to department staff or designees to investigate the cause of death or injury to eligible livestock or working dogs and use reasonable measures to protect evidence at the depredation site.
      2. (ii) Federal officials may be responsible for the investigation when it is suspected that the attack was by a federally listed species.
   4. (d) To be eligible a claimant must submit a written statement, electronic or hard copy, within 30 days of discovery of a loss to indicate their intent to file a claim.
   5. (e) A complete claim package must be submitted to the department within 120 days of a discovery of an attack on livestock or working dogs to be eligible for compensation, unless granted a hardship time extension as provided in WAC 22-440-170.

   6. (f) In addition to a completed claim form, a claimant must provide:

      1. (i) Proof of legal ownership or signed lease contract of claimed livestock. The signed lease contract must include:

         1. (A) The lessor's name and brand registration and be signed by them.
         2. (B) A statement that the payment for any losses to the animals is assigned to the lessee.
         3. (C) The lessee may redact the terms, conditions, and values specified in the agreement.
         4. (D) If a lease is in the form of a verbal agreement, the lessee shall provide a written attestation under penalty of perjury and signed by the lessor stating that the lessee is the sole claimant for the loss compensation; and
      2. (ii) Records documenting the value of the livestock or working dog depending upon the determination for cause of loss; and

      3. (iii) Documentation solely for verifying that the claimant raises livestock for commercial purposes. The documentation includes, but is not limited to, the following:

         1. (A) Copies of the prior year filed IRS Schedule F form;
         2. (B) Current Washington business license;
         3. (C) Articles of incorporation;
         4. (D) Other official government document indicating claimant is involved in commercial livestock sales, marketing, or purchase; and
      4. (iv) A copy of any insurance policy covering loss claimed, if any; and
      5. (v) Copies of applications for other sources of loss compensation and any payment or denial documentation, if any; and
      6. (vi) The department approved checklist of preventative measures that have been deployed, or documented compliance with the terms and conditions of the claimant's agreement with the department, or the director approved waiver; and
      7. (vii) Declaration signed under penalty of perjury under chapter 5.50 RCW indicating that the claimant is eligible for the claim, meets eligibility requirements listed under this chapter and in RCW 77.36.100, 77.36.110, and 77.36.120, and all claim evaluation and assessment information in the claim application is to the best knowledge of the claimant true and accurate. Any fraudulent statements made, or documents submitted by the claimant in support of their claim shall be the basis for the department's rejection of a claim.

2. (2) Settlement of claims:

   Subject to funds appropriated to pay for livestock or working dog losses, undisputed claims will be paid up to the limits found in RCW 77.36.130, or to any limitations of a third-party entity providing claim payment funding.

3. (3) Valuation of the lost livestockor working dog.

   1. (a) The department may use the services of an independent qualified appraiser to assist in the evaluation of livestock or working dog claims.

   2. (b) For losses caused by wolves, the calculation of fair market value for livestock or working dogs will be based on the following:

      1. (i) The value at the time the animal would normally be sold at market or the cost to replace the animal, and based on comparable types and/or weight of livestock or working dogs, such as comparable calves, steers, cows, ewes, and lambs.

         Except bulls will be replaced based on the actual purchase price prorated on a four-year depreciation cycle minus salvage value if applicable.

      2. (ii) The fair market value will be determined by one or more of the following documents:

         1. (A) A report by a qualified livestock appraiser;
         2. (B) The sales receipts from the most recent sale of comparable animals by the owner;
         3. (C) The sales receipts or invoices from the next sale of comparable animals by the owner;
         4. (D) Private treaty records;
         5. (E) Sale barn values, including average values for the same weight, sex, and age class of the breed at the time that it would have normally been sold.

   3. (c) The direct loss payment amount for wolf depredations to livestock will be based on the following criteria:

      1. (i) Where the livestock grazing site was greater than or equal to 100 acres, there is a rebuttable presumption that the number of commercial livestock wolf depredations that are eligible for compensation is twice the number of wolf livestock depredations documented by the department, unless all remaining livestock are accounted for.

         1. (A) On these grazing sites, the payment for each confirmed wolf depredation will be the full fair market value for two commercial livestock.
         2. (B) The payment for each probable wolf depredation will be half the full fair market value for two commercial livestock. Payments will be reduced by half if all the remaining livestock are accounted for.

      2. (ii) Where the livestock grazing site was less than 100 acres, there is a rebuttable presumption that all the commercial livestock wolf depredations are discovered by the livestock owner.

         1. (A) On these grazing sites, the payment for each confirmed wolf depredation will be the full fair market value for one commercial livestock.
         2. (B) The payment for each probable wolf depredation will be half the full fair market value for one commercial livestock.

   4. (d) For direct losses caused by bear or cougar, livestock value will be determined by the fair market value for an animal of the same breed, sex, and average weight at the time the animal is lost. That value may be determined by one or more of the following:

      1. (i) A report by a qualified livestock appraiser;
      2. (ii) The sales receipts from the most recent sale of comparable animals by the owner;
      3. (iii) The sales receipts from the next sale of comparable animals by the owner or invoices;
      4. (iv) Private treaty records;
      5. (v) Sale barn values, including average values for same weight, sex, and age class of the breed at the time that it would have normally been sold.

   5. (e) Indirect loss claims due to increased stress from harassment of livestock caused by wolves must include:

      1. (i) The three consecutive years of records immediately preceding the year of the claim, and claims will be assessed for losses in excess of the immediate preceding three-year running average;
      2. (ii) The losses must occur on large pastures or range land over 100 acres used for grazing, lambing, or calving where regular monitoring of livestock is impractical (and therefore discovery of carcasses infeasible) as determined by the department;
      3. (iii) Verification by the department that wolves are occupying the area;
      4. (iv) The losses cannot be reasonably explained by other causes;
      5. (v) Compliance with the department's preventative measures checklist, or damage prevention cooperative agreement, or a waiver signed by the director.
   6. (f) Compensation paid by the department combined with any other compensation may not exceed the total assessed value of the loss. Compensation is paid to either the owner of the livestock, or the lessee of the livestock, not both.
   7. (g) Upon completion of an evaluation, the department will notify the claimant of its decision to either deny the claim or make a settlement offer (order). The claimant has 60 days from the date received to accept, sign, and mail to the department the original offer for settlement of the claim. If the claimant wishes to appeal the offer or denial of claim, they must request an informal resolution or adjudicative proceeding as described in WAC 220-440-230. The appeal must be in writing and may be mailed or submitted by email. If no written acceptance or request for appeal is received within 60 days of receipt of the settlement offer, the offer is considered accepted, or the denial of claim is considered accepted and not subject to appeal.
   8. (h) If the claimant accepts the department's offer, the department will provide payment to the claimant within 30 days from receipt of the completed written acceptance document(s).
4. (4) Payment of claims. The department will prioritize payment for livestock losses as set forth in RCW 77.36.100, 77.36.170, and 77.36.180.

[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 220-440-180, filed 5/1/26, effective 6/1/26. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, 77.12.020, 77.36.080, 77.36.100, and 77.36.130. WSR 24-22-007 (Order 24-09), s 220-440-180, filed 10/23/24, effective 11/23/24. 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), § 220-440-180, 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), amended and recodified as § 220-440-180, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.047, 77.12.240, 77.12.320, 77.12.150, 77.15.245, and chapter 77.36 RCW. WSR 16-04-066 (Order 16-18), § 232-36-210, filed 1/28/16, effective 2/28/16. 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), § 232-36-210, filed 11/4/13, effective 12/5/13. Statutory Authority: RCW 77.04.012, 77.04.020, and 77.04.055. WSR 10-13-182 (Order 10-156), § 232-36-210, filed 6/23/10, effective 7/24/10.]