Wyo. Code R. 010-0005-65
General Agency, Board or Commission Rules
Chapter 65: Gray Wolf Depredation Compensation Program Regulations
Effective Date: 10/05/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0005.65.10052023
Gray Wolf Depredation Compensation Program Regulations
Section 1. Authority. Pursuant to the 2023 Session Laws, Chapter 98, the following regulations are promulgated.
Section 2. Definitions.
(a) “Claim form” means the Department’s Gray Wolf Animal Damage Claim Affidavit.
(b) “Claimant” means any landowner, lessee, or agent who submits an application for compensation for livestock that has been damaged or killed by a gray wolf.
(c) “Consequential damages” means damage, loss, or injury that does not flow directly and immediately from the act of the gray wolf, but only from some of the consequences or results of such act, including future or anticipated production, sentimental value, and labor or equipment costs to remove damaged property.
(d) “Damage” means any injury or loss to livestock inflicted by a gray wolf in an area of the state where gray wolves are classified as predatory animals.
(e) “Department” means the Wyoming Department of Agriculture.
(f) “Gray wolf” means the gray wolf where it is designated as a predatory animal as set forth in W.S. 11-6-302(a)(ix)(B).
(g) “Livestock” has the meaning set forth in W.S. 23-1-102(a)(xvi).
(h) “More likely than not” means evidence reasonably tending to support the conclusion. Evidence that is competent, relevant, material and which to a rational and impartial mind naturally leads, or involuntarily leads to conclusion for which there is valid, just, and reasonable substantiation.
(i) “WS” means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services.
Section 3. Qualifications for Consideration. To be eligible for potential compensation, a claimant must notify the Department by phone that damage to livestock has occurred and suspect that it was caused by gray wolves. Following this notification, the Department will dispatch an investigator from WS or the Wyoming Game and Fish Department to determine whether the damage was more likely than not caused by gray wolves. If the damage was more likely than not caused by gray wolves, the claimant must report the damage to the Department by submitting a depredation investigative report completed by the WS or Wyoming Game and Fish Department investigator as soon as possible but no later than 15 days after
discovery of the damage. The Department shall only consider complete applications submitted no later than 60 consecutive days after the damage ended or the last damage was discovered. A complete application consists of the following documents:
(a) A completed claim form;
(b) A copy of the depredation investigative report from the WS or Wyoming Game and Fish Department investigator for each gray wolf depredation incident that confirms that the livestock damage was more likely than not caused by a gray wolf;
(c) The documents supporting the value determination of the damage, such as:
(i) The fair market value for like livestock at a rate substantiated by a livestock sale barn on the date of damage; or
(ii) For young of the year livestock, the fair market value for like livestock at the weaning weight substantiated by a livestock sale barn; or
(iii) Other credible written valuation of the livestock; and
(d) Any additional supporting documents the claimant may wish to submit.
(a) The Department will allocate available funds into five time periods. The first time period is from July 1, 2023, through June 30, 2024. The second time period is from July 1, 2024, through June 30, 2025. The third time period is from July 1, 2025, through June 30, 2026. The fourth time period is from July 1, 2026, through June 30, 2027. The fifth time period is from July 1, 2027, through June 30, 2028. The Department shall receive applications during those five time periods. Budget reductions may reduce or eliminate available funds for one or all time periods.
(b) If the Department employs or contracts personnel to assist in administering and investigating claims for damages, the costs for personnel fees shall be deducted from the total funds available prior to paying any compensation to claimants.
(c) Within ten days after the end of each time period established by this Section, the Department shall review each application and determine if the application is complete and accurate. If the Department determines that the application is complete and accurate, it is a verified claim and eligible for compensation. If the Department determines that an application is complete but partially inaccurate, it may either verify the accurate portion and strike the inaccurate portion of the application or deny the application. Within 90 days after the end of each period, the Department shall total all verified claims and process them for payment subject to availability of funds.
(d) If the total verified claims and personnel fees in the first period are less than or equal to the amount of funds available for that period, then the Department shall pay all verified claims in full. Any leftover funds shall rollover and be available for distribution in the next period. If the total verified claims and personnel fees in any period exceed the amount available for that period, then the Department officer shall first deduct the personnel fees and then prorate payments of the remaining funds according to the total number of verified claims received in that period.
Section 5. Denial of Claims. The Department shall deny all or any part of a claim if: