040-28 Wyo. Code R. §§ 28-2 - Definitions

Definitions shall be as set forth in Title 23, Wyoming Statutes, Commission regulations, and the Commission also adopts the following definitions:

(a) "Accepted Agricultural Practices" means traditional agriculture operations that are inherent, customary, reasonable, normal and typical to the agricultural industry or unique to the commodity. Agricultural operations that are conducted for hobby, sport, exhibit or entertainment, and where the purpose of the operation does not support a traditional agricultural business, do not qualify as an accepted agricultural practice.

(b) "Authorized Hunting Seasons" means any hunting season during the twelve (12) month period immediately preceding the date when the claimant filed the verified claim with the Office of the Department that is established by Commission regulation, including Auxiliary Management Hunting Seasons and lethal take permits, for the harvest of the species of big game animals, trophy game animals, or game birds for which the verified claim was filed.

(c) "Award" means compensation for damage offered to a claimant by the Department.

(d) "Board" means a board of arbitrators.

(e) "Calf" means domestic cattle less than twelve (12) months of age.

(f) "Claimant" means any landowner, lessee, agent or property owner whose livestock, bees or hives and honey have been damaged by a trophy game animal, or gray wolf in accordance with W.S. § 23-1-901 (g) and (h); or, whose land, growing cultivated crops, stored crops, seed crops or improvements have been damaged by big game animals, trophy game animals or gray wolves in accordance with W.S. § 23-1-901 (g) and (h) or game birds; or, whose grass has been extraordinarily damaged by big game animals or game birds.

(g) "Commercial Garden" means a business that grows fruits or vegetables for commercial sale.

(h) "Commercial Nursery" means a business that grows or stores trees, shrubs or plants solely for commercial sale and that is required under W.S. § 39-15-106 to be licensed with the Wyoming Department of Revenue to collect and remit sales and use tax.

(i) "Commercial Orchard" means a business that grows trees for fruit or nut production for commercial sale.

(j) "Confirmed by the Department or its Representative" means the Department or its representative conducted an inspection or investigation of the damage and determined the damage was more likely than not caused by a big or trophy game animal or game bird, or gray wolf in accordance with W.S. § 23-1-901 (g) and (h).

(k) "Contiguous Tract of Land" means one parcel of fee title land, including land that may be divided by a public road, highway or railroad right of way, which is entirely owned by a private landowner or corporation.

(l) "Consequential Damages" means damage, loss, or injury that does not flow directly and immediately from the act of the big game animal, trophy game animal or game bird, or gray wolf in accordance with W.S. § 23-1-901 (g) and (h), but only from some of the consequences or results of such act. Consequential damages include, but are not necessarily limited to, future or anticipated production (except as otherwise provided in this regulation for young of the year livestock), pollination contracts, sentimental value, weight loss, stress, animal feeding costs and any labor or equipment costs to remove damaged property.

(m) "Damage" means actual consumption, destruction or loss to land, growing cultivated crops, stored crops, seed crops or improvements that is caused by big game animals, trophy game animals or gray wolves in accordance with W.S. § 23-1-901 (g) and (h) or game birds, and sworn by the claimant on the verified claim to have occurred; or extraordinary damage to grass that is caused by big game animals and sworn by the claimant on the verified claim to have occurred. Damage also includes actual injury or death to livestock or actual injury, death, consumption, destruction or loss to bees, hives and honey caused by trophy game animals, or gray wolves in accordance with W.S. § 23-1-901 (g) and (h), and sworn by the claimant on the verified claim to have occurred. Damage shall not include damage to other real or personal property including, but not necessarily limited to: other vegetation or animals; motor vehicles; structures; damages caused by animals or wildlife other than big game animals, trophy game animals or game birds, or gray wolves in accordance with W.S. § 23-1-901 (g) and (h); diseases; lost profits; consequential damages; or, any other damages whatsoever that are not specified in this regulation.

(n) "Disinterested Arbitrator" means an elector residing in the county where the damage occurred, who is capable of making a reasoned and unbiased decision based on evidence presented to the Board by the claimant and the Department.

(o) "Extraordinary Damage to Grass" means the loss or harm to non-cultivated grass plants of the Family Gramineae as delineated in subsections (i) and (ii) or to rangelands managed for livestock forage as delineated in subsection (iii) as proven by the landowner, lessee or agent.

(i) The consumption of non-cultivated grass plants by big game animals that significantly exceeds the usual, customary or average consumption of non-cultivated grass plants due to a big game animal distribution and presence change resulting in an increased number of big game animals present on the identified private or leased private lands based on the previous three (3) year period of big game animal presence; or,

(ii) The usual, customary or average presence and consumption of non-cultivated grass plants by big game animals on the identified private or leased private lands based on the previous three (3) year period of big game presence in an area with a significant shortfall of the average (previous three (3) or more continuous years) non-cultivated grass plant production due to drought of an intensity D2 or higher based on the current year's U.S. Drought Monitor (https://droughtmonitor.unl.edu/CurrentMap.aspx) for at least eight (8) consecutive weeks which includes the time big game animals were present on the land for which the extraordinary damage to grass is claimed.

(iii) Extraordinary damage to grass shall include damage to forage on privately owned or leased rangelands under the following conditions:

(A) Where a big game animal herd unit is over its numeric objective as established by the Commission for three (3) or more consecutive years, and damage by big game animals exceeds fifteen percent (15%) of the estimated annual forage production, which shall be based on the standard Animal Unit Month (AUM) of forage consumed equivalent to seven hundred fifty (750) pounds of dry forage. For purposes of this subsection, an over objective big game animal herd unit means a population estimate that indicates the herd unit is greater than twenty percent (20%) above the numerical herd objective as set by the Commission; or,

(B) In big game herd units that are not over their numeric objective or that do not currently have a numeric objective, damage to rangelands by big game animals that exceeds thirty percent (30%) of the estimated annual forage production based on the standard AUM of forage consumed equivalent to seven hundred fifty (750) pounds of dry forage.

(p) "Growing Cultivated Crops" means crops or other vegetation that are grown on privately owned or leased land and harvested or utilized annually for commercial sale or to feed livestock, or for human consumption. "Growing cultivated crops" can include grasses and legumes maturing for harvest, small grains, row crops and vegetables, plants grown in commercial nurseries, commercial orchards, commercial gardens, and native hay meadows that are managed for hay or livestock forage. If the crop is not harvested or utilized annually, it is not a growing cultivated crop unless it requires more than one (1) year to become established and ready for harvest. "Growing cultivated crops" do not include rangelands managed for livestock forage, or products of nurseries, orchards, and gardens that are not intended for commercial sale.

(q) "Hearing" means a procedurally correct arbitration hearing as described in Section 8 of this regulation that shall be conducted in such manner as to afford the claimant and the Department the opportunity to present, examine and cross-examine all witnesses and other forms of evidence presented to the Board.

(r) "Hives" means an artificial structure designed and constructed specifically for housing bees.

(s) "Improvements" means a valuable addition made to real estate to increase the agricultural productivity of such land, including fences and man-made structures erected or windbreaks or shelterbelts planted on privately owned or leased land to enhance or improve crop production or livestock production or grazing management or as a protection for livestock. Improvements shall not include windbreaks or shelterbelts, if they are not planted solely to enhance or improve crop production, or livestock production or grazing management or as a protection for livestock. Improvements also shall not include man-made structures erected for human occupancy, or real or personal property or other structures that do not enhance or improve crop production or grazing management or as a protection for livestock.

(t) "Investigated by the Department" means an inspection determined by the Department to be a reasonable assessment of the damage caused by big or trophy game animals or game birds, or gray wolves in accordance with W.S. § 23-1-901 (g) and (h).

(u) "Lethal Take Permit" means a permit authorized in accordance with Commission Regulation Chapter 56, Regulation Governing Lethal Taking of Wildlife.

(v) "Land" means soil on privately owned or leased land.

(w) "Lessee" means a person who leases fee title land or State land for accepted agricultural purposes.

(x) "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.

(y) "Number of Big Game Animals Recruited in the Preceding Twelve (12) Months" means the estimated number of big game animals produced during the preceding year and surviving to one (1) year of age based on the size of the population of animals causing damage. Where the Department collects sex and age composition data, the estimated recruitment of yearling animals shall be determined by utilizing the preceding three (3)-year average sex and age composition data within that hunt area where the damage occurred, or where sufficient ratio composition data can be collected from the property sustaining damage.

(z) "Office of the Department" means the Wyoming Game and Fish Department, 5400 Bishop Blvd., Cheyenne, Wyoming 82006-0001 or the Wyoming Game and Fish Department, 3030 Energy Lane, Casper, Wyoming 82604.

(aa) "Open Range Setting" means geographic areas determined by the Department to have terrain, topography, and vegetative characteristics that influence the ability of the claimant and Department to find missing calves, yearlings and sheep that are believed to have been damaged as a result of a trophy game animal, or gray wolf in accordance with W.S. § 23-1-901 (g) and (h).

(bb) "Pasture Setting" means any other geographic area not defined as an open range setting in regards to calves, yearlings and sheep that are believed to have been damaged as a result of trophy game animals, or gray wolves in accordance with W.S. § 23-1-901(g) and (h).

(cc) "Permitted Hunting During Authorized Hunting Seasons" means permitted hunting as described in Section 4 of this regulation.

(dd) "Promptly Served upon Each Party" means within ten (10) days following the arbitration hearing, the Board shall serve a written copy of its decision to the Office of the Department and the claimant.

(ee) "Property" means livestock, land, growing cultivated crops, stored crops, bees, hives and honey, seed crops, improvements or grass that has been extraordinarily damaged.

(ff) "Rangelands" means non-cultivated private lands grazed by domestic livestock and not typically mechanically harvested or manipulated. Rangelands are dominated by grasses, forbs, shrubs and may include widely spaced deciduous and coniferous trees.

(gg) "Reasonable Expense Charges" means compensation given to an arbitrator while performing duties as an arbitrator that is the same compensation rate afforded to State employees by State statute for per diem and vehicular mileage; and, actual expenses incurred by the arbitrator and documented by receipt including, but not necessarily limited to, telephone calls, paper supplies, and mail service.

(hh) "Reasonable Service Charges" means reimbursement in the amount of one hundred ($100) dollars per day for performing duties as an arbitrator.

(ii) "Seed Crops" means any crop intentionally planted, managed and grown in accordance with accepted agricultural practices on privately owned or leased land for the production of seed for future propagation, and that is harvested annually by manual or mechanical means. If the crop is not harvested annually, it shall not be classified as a seed crop unless the crop normally requires an establishment period of longer than one (1) year to be harvested or unless the crop is alfalfa seed or crested wheat grass seed.

(jj) "Stored Crops" means crops that have been harvested and saved or stored for future use in accordance with accepted agricultural practices.

(kk) "Sufficient Numbers of Hunters" means the number of hunters who are granted hunting access necessary to successfully harvest more than the number of big game animals, trophy game animals and game birds produced in the previous year, surviving to one (1) year of age (recruited in the preceding twelve (12) months) into the segment of the population responsible for doing damage as determined by the preceding three (3)-year average of recruitment for said species in the hunt area(s) in which the damage occurred.

(ll) "Supervisor" means Regional Wildlife Supervisor.

(mm) "Trophy Game Animal" means black bear, grizzly bear or mountain lion, or gray wolf in accordance with W.S. § 23-1-101 (a) (xii) (B) (I) and (II).

(nn) "Value of Livestock" means the monetary value of individual livestock on the date the verified claim was filed with the Office of the Department based upon the fair market value for like livestock at a rate substantiated by a livestock sales barn or other credible written valuation of the livestock provided by the claimant. However, the monetary value of young of the year livestock on the date the verified claim was filed with the Office of the Department shall be based upon the fair market value on that date for like livestock at the weaning weight substantiated by a livestock sales barn or other credible written valuation of the livestock provided by the claimant.

(oo) "Verified Claim" means a Trophy Game Animal or Gray Wolf in accordance with W.S. § 23-1-901(g) and (h) Damage Claim Affidavit or a Big Game Animal or Game Bird Damage Claim Affidavit that has been signed by the claimant and sworn to be accurate before a person authorized to administer oaths, that has been filed with the Office of the Department and contains all information required in Section 9 of this regulation.

(pp) "Yearling" means domestic cattle at least twelve (12) months of age but less than twenty-four (24) months of age.

(qq) "Young of the Year Livestock" means livestock of any age from birth up until weaning within a continuous time frame. Livestock shall not be considered young of the year livestock if over twelve (12) months of age.

Notes

040-28 Wyo. Code R. §§ 28-2

Amended, Eff. 8/24/2017. Amended, Eff. 10/22/2018. Amended, Eff. 11/17/2022. Amended, Eff. 10/18/2023. Amended, Eff. 11/15/2024.