Deer and elk damage

AN ACT Relating to compensation in frontier counties for deer and 1
elk damage; and amending RCW 77.36.100. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 77.36.100 and 2024 c 264 s 3 are each amended to 4
read as follows: 5
(1)(a) Except as limited by RCW 77.36.070, 77.36.080, 77.36.170, 6
and 77.36.180, the department shall offer to distribute money 7
appropriated to pay claims to the owner of commercial crops for 8
damage caused by wild deer or elk or to the owners of livestock that 9
has been killed by bears, wolves, or cougars, or injured by bears, 10
wolves, or cougars to such a degree that the market value of the 11
livestock has been diminished. Payments for claims for damage to 12
livestock are not subject to the limitations of RCW 77.36.070 and 13
77.36.080, but may not, except as provided in RCW 77.36.170 and 14
77.36.180, exceed the total amount specifically appropriated 15
therefor. 16
(b) Owners of commercial crops or livestock are only eligible for 17
a claim under this subsection if: 18
(i) The commercial crop owner satisfies the definition of 19
"eligible farmer" in RCW 82.08.855; 20
(ii) The conditions of RCW 77.36.110 have been satisfied; and21
S-0438.1
SENATE BILL 5165
State of Washington 69th Legislature 2025 Regular Session
By Senators Short, Chapman, Dozier, Wagoner, and Warnick
Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee
on Agriculture & Natural Resources.
p. 1 SB 5165
(iii) The damage caused to the commercial crop or livestock 1
satisfies the criteria for damage established by the commission under 2
(c) of this subsection. 3
(c) The commission shall adopt and maintain by rule criteria that 4
clarifies the damage to commercial crops and livestock qualifying for 5
compensation under this subsection. An owner of a commercial crop or 6
livestock must satisfy the criteria prior to receiving compensation 7
under this subsection. The criteria for damage adopted under this 8
subsection must include, but not be limited to, a required minimum 9
economic loss to the owner of the commercial crop or livestock, which 10
may not be set at a value of less than $500. 11
(2)(a) Subject to the availability of nonstate funds, nonstate 12
resources other than cash, or amounts appropriated for this specific 13
purpose, the department may offer to provide compensation to offset 14
wildlife interactions to a person who applies to the department for 15
compensation for damage to property other than commercial crops or 16
livestock that is the result of a mammalian or avian species of 17
wildlife on a case -specific basis if the conditions of RCW 77.36.110 18
have been satisfied and if the damage satisfies the criteria for 19
damage established by the commission under (b) of this subsection.20
(b) The commission shall adopt and maintain by rule criteria for 21
damage to property other than a commercial crop or livestock that is 22
damaged by wildlife and may be eligible for compensation under this 23
subsection, including criteria for filing a claim for compensation 24
under this subsection. 25
(3)(a) To prevent or offset wildlife interactions, the department 26
may offer materials or services to a person who applies to the 27
department for assistance in providing mitigating actions designed to 28
reduce wildlife interactions if the actions are designed to address 29
damage that satisfies the criteria for damage established by the 30
commission under this section. 31
(b) The commission shall adopt and maintain by rule criteria for 32
mitigating actions designed to address wildlife interactions that may 33
be eligible for materials and services under this section, including 34
criteria for submitting an application under this section.35
(4)(a) An owner who files a claim under this section may appeal 36
the decision of the department pursuant to rules adopted by the 37
commission if the claim: 38
(i) Is denied; or 39
p. 2 SB 5165
(ii) Is disputed by the owner and the owner disagrees with the 1
amount of compensation determined by the department.2
(b) An appeal of a decision of the department addressing deer or 3
elk damage to commercial crops is limited to $30,000.4
(5)(a) Consistent with this section, the commission shall adopt 5
rules setting limits and conditions for the department's expenditures 6
on claims and assessments for commercial crops, livestock, other 7
property, and mitigating actions. 8
(b) Claims awarded or agreed upon that are unpaid due to being in 9
excess of available funds in the current fiscal year are eligible for 10
payment in the next state fiscal year. 11
(c) If additional funds are not appropriated by the legislature 12
in the subsequent fiscal year specifically for unpaid claims, then no 13
further payment may be made on the claim. 14
(d) Claims awarded or agreed upon during a fiscal year must be 15
prioritized for payment based upon the highest percentage of loss, 16
calculated by comparing agreed-upon or awarded commercial crop 17
damages to the gross sales or harvested value of commercial crops for 18
the previous tax year. 19
(e) The payment of a claim under this section is conditional on 20
the availability of specific funding for this purpose and is not a 21
guarantee of reimbursement. 22
(f) Twenty percent of the available funds must be available for 23
claims arising from frontier counties, as that term is defined in RCW 24
43.160.020.25
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