Section 28-7 - Reasons for Denial of a Verified Claim (a) The Department shall deny the verified claim for any of the reasons specified in this subsection. - (i) The claimant did not report the damage to the nearest game warden, supervisor or Commission member within fifteen (15) consecutive days after the date the damage was discovered. Any damage that was reported more than fifteen (15) consecutive days after the date it was discovered by the claimant shall not be considered by the Department as damage under this regulation.
- (ii) The damage was 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).
- (iii) The big or trophy game animals or game birds causing damage were on the claimant's privately owned or leased land and adjoining Federal or State land during authorized hunting seasons as specified in Section 4 (a ) (iii) (A), and the claimant did not permit hunting in accordance with Section 4 of this regulation.
- (iv) The big or trophy game animals or game birds causing damage were not on the claimant's privately owned or leased land and adjoining Federal or State land during authorized hunting seasons as specified in Section 4(a) (iii) (A), and the claimant would not agree to the Department's implementation of a depredation prevention hunting season as specified in Section 4(a) (iii) (B) or insisted on charging an access fee to hunters to participate in a depredation prevention hunting season as specified in Section 4.
- (v) The big or trophy game animals or game birds causing damage were not on the claimant's privately owned or leased land and adjoining Federal or State land during authorized hunting seasons as specified in Section 4(a) (iii) (A), and the claimant would not agree to the Department's implementation of a kill permit as specified in Section 4(a) (iii) (C) or insisted on charging an access fee to the Department to implement a kill permit as specified in Section 4.
- (vi) The verified claim was for property not defined as property in Section 2 of this regulation.
- (vii) The claimant was compensated by crop or livestock insurance or a Federal subsidy program for the property damaged to the extent the claimant received compensation under that insurance or program.
- (viii) The claimant did not present a verified claim complete with all required information specified in Section 9 of this regulation to the Office of the Department within sixty (60) days after the damage or last item of damage was discovered by the claimant.
- (ix) The verified claim was for consequential damages.
- (x) Hunting was not permitted during authorized hunting seasons on land in a platted subdivision where the damage occurred due to the actions of a municipal or county ordinance, or homeowners' association covenant prohibiting the discharge of firearms.
- (xi) Due to actions of the claimant, the damage was not investigated by the Department.
- (xii) The claimant prevented the Department's attempts to mitigate or alleviate the damage through such actions as moving the big or trophy game animals or game birds, or gray wolves in accordance with W.S. § 23-1-901(g) and (h) responsible for the damage or the claimant refused to utilize fencing materials provided by the Department to protect stored crops, including honey and hives.
040-28 Wyo. Code R. § 28-7
Amended, Eff. 10/22/2018.