040-28 Wyo. Code R. § 28-2
Definitions shall be as set forth in Title 23, Wyoming Statutes, Commission regulations, and the Commission also adopts the following definitions:
(a) "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 Depredation Prevention Hunting Seasons and kill permits, for the harvest of the species of big game animals, trophy game animals, or game birds for which the verified claim was filed.
(b) "Award" means compensation for damage offered to a claimant by the Department.
(c) "Board" means a board of arbitrators.
(d) "Claimant" means any landowner, lessee, agent or property owner whose livestock, bees, hives or honey have been damaged or killed 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.
(e) "Commercial garden" means a business that grows fruits or vegetables for commercial sale.
(f) "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.
(g) "Commercial orchard" means a business that grows trees for fruit or nut production for commercial sale.
(h) "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)
(i) "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.
(j) "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), sentimental value, and labor or equipment costs to remove damaged property.
(k) "Damage" means actual damage 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 or game birds and sworn by the claimant on the verified claim to have occurred; or actual damage to livestock or bees including honey and hives, that is caused by trophy game animals, or gray wolves in accordance with § 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 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.
(l) "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.
(m) "Extraordinary damage to grass" means the loss or harm as proven by the landowner, lessee, or agent that significantly exceeds the usual, customary or average use of non-cultivated grass plants of the Family Graminae.
(n) "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.
(o) "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.
(p) "Hives" means an artificial structure designed and constructed specifically for housing bees.
(q) "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.
(r) "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).
(s) "Kill permit" means a permit authorized by a Game and Fish Commissioner and the Chief Game Warden granting authority to take big game animals, trophy game animals or game birds that are causing substantial damage to property.
(t) "Land" means soil on privately owned or leased land.
(u) "Lessee" means a person who leases fee title land or State land for agricultural purposes.
(v) "More likely than not" means evidence reasonably tending to support the conclusion. Evidence that is competent, relevant, and 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.
(w) "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.
(x) "Permitted hunting during authorized hunting seasons" means permitted hunting as described in Section 4 of this regulation.
(y) "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.
(z) "Property" means livestock or bees, land, growing cultivated crops, stored crops including honey and hives, seed crops, improvements or grass that has been extraordinarily damaged.
(aa) "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.
(bb) "Reasonable service charges" means reimbursement in the amount of one hundred ($100) dollars per day for performing duties as an arbitrator.
(cc) "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.
(dd) "Stored crops" means crops that have been harvested and saved or stored for future use in accordance with accepted agricultural practices.
(ee) "Supervisor" means Regional Wildlife Supervisor.
(ff) "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).
(gg) "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 on that date 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.
(hh) "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.
040-28 Wyo. Code R. § 28-2
Amended, Eff. 8/24/2017.
Amended, Eff. 10/22/2018.