Statutes, codes, and regulations
Wyoming Administrative Code
Agency 040 - Game and Fish CommissionSubagency 0001 - Game and Fish Commission Regulations
Chapter 28 - REGULATION GOVERNING BIG OR TROPHY GAME ANIMAL OR GAME BIRD OR GRAY WOLF DAMAGE CLAIMS
Section 28-5 - Notification of Damage and Filing of Damage Claims

040-28 Wyo. Code R. § 28-5

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Current through April 27, 2019
Section 28-5 - Notification of Damage and Filing of Damage Claims

(a) Any claimant who has incurred damage as defined in Section 2 of this Regulation shall report the damage to the nearest game warden, supervisor, or Commission member within fifteen (15) consecutive days following the date damage was discovered. If the claimant intends to take actions that prevent the damage being investigated by the Department, such as harvest of damaged crops or removal of damaged livestock, the claimant shall notify the nearest game warden, supervisor, or Commission member as soon as reasonably possible after discovery of the damage so the damage can be investigated by the Department prior to removal, harvest, modification, or destruction of the damaged property; however, in no case shall the claimant take actions that preclude the damage being investigated by the Department. If the claimant denies or precludes the damage being investigated by the Department, the Department shall deny the verified claim.

(b) The claimant shall present a verified claim in accordance with Section 9 of this regulation to the Office of the Department within sixty (60) consecutive days following the date the last item of damage was discovered.

  • (i) For verified claims of damage to individual livestock by a trophy game animal, or gray wolf in accordance with W.S. § 23-1-901(g) and (h), the sixty-day (60) period shall commence from the last date the livestock were present on the grazing allotment or geographic location where the damage occurred;
  • (ii) For verified claims of damage to bees, honey, and hives by a trophy game animal, or gray wolves in accordance with W.S. § 23-1-901(g) and (h), the sixty (60) day period shall commence from the last date damage occurred or from the last date the bees, honey, or hives were present on the location where the damage occurred, whichever date occurs first; and,
  • (iii) For verified claims of damage to land, growing cultivated crops, seed crops, stored crops, improvements, or extraordinary damage to grass by big game animals, trophy game animals or gray wolves in accordance with W.S. § 23-1-901(g) and (h) or game birds, the sixty (60) day period shall commence from the last date the growing cultivated crop or seed crop was harvested or the land, stored crops, or improvements were damaged or the extraordinary damage to grass occurred.

(c) If a claimant chooses to appeal the Department's decision regarding a verified claim to the Commission, the claimant shall file a written appeal that is received by the Office of the Department within thirty (30) consecutive days from the date the claimant received the Department's notification of its decision on the verified claim.

(d) The claimant shall have no right of appeal to the Commission of the Department's denial of the claim if based upon the information provided by the claimant in the verified claim, the claimant failed to comply with subsection (a) or (b) of this section. The claimant shall have no right of appeal to the Commission of the Department's decision on a verified claim if the claimant failed to comply with subsection (c) of this section.

(e) The U.S. Postal Service or any other mail delivery service providers are not agents of the Department. Therefore, the Department cannot assume responsibility for mail delivery to the Department. It is the claimant's responsibility to assure the delivery of a verified claim to the Office of the Department.

040-28 Wyo. Code R. § 28-5

Amended, Eff. 8/24/2017.

Amended, Eff. 10/22/2018.