2005 Idaho Code - 36-1109 — CONTROL OF DAMAGE BY BLACK BEARS OR MOUNTAIN LIONS -- COMPENSATION FOR DAMAGE

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 11
                       PROTECTION OF ANIMALS AND BIRDS
    36-1109.  CONTROL OF DAMAGE BY BLACK BEARS OR MOUNTAIN LIONS --
COMPENSATION FOR DAMAGE. (a) Prevention of depredation shall be a priority
management objective of the department, and it is the obligation of landowners
to take all reasonable steps to prevent property loss from black bears or
mountain lions or to mitigate damage by such. The director, or his
representative, will consult with appropriate land management agencies and
landusers before transplanting or relocating any black bear or mountain lion.
    (b)  When any black bear or mountain lion has done damage to or is
destroying livestock on public, state, or private land, whether owned or
leased, or when any black bear has done damage to or is destroying berries or
honey on private land, the owner or his representative of such livestock
shall, for the purposes of filing a claim, report such loss to a
representative of the U.S. department of agriculture animal plant and health
inspection services/animal damage control (APHIS/ADC) who shall, within
seventy-two (72) hours, investigate the conditions complained of. For purposes
of this section, livestock shall be defined as domestic cattle, sheep, and
goats. If it appears that the complaint is well founded and livestock, berries
or honey of the complainant has been damaged or destroyed by such black bear
or mountain lion, APHIS/ADC shall so inform the owner or his representative of
the extent of physical damage or destruction in question. The owner shall
provide the director or the department's regional office with the APHIS/ADC
determination of damages or destruction. The physical damages, without
establishing a monetary value thereon, as determined by the APHIS/ADC
representative shall be final, and shall be binding upon the owner or his
representative and on the department.
    (c)  Any claim for damages must be in written form, shall be in the form
of a claim for damages substantially the same as required in section 6-907,
Idaho Code, shall be attested to by the claimant under oath, and the claim
shall be for an amount of at least one thousand dollars ($1,000) in damages
per occurrence. The department shall prepare and make available suitable forms
for claims for damages. Claims may be submitted only for the fiscal year (July
1 through June 30) in which they occurred. Any person submitting a fraudulent
claim shall be prosecuted for a felony as provided in section 18-2706, Idaho
Code.
    1.  Upon receipt by the department, the department shall review the claim,
    and if approved, pay it as provided in section 36-115, Idaho Code. Failure
    on the part of the owner or representative to allow on-site access shall
    negate the claim for damages.
    2.  If the department accepts the claim for damages as submitted by the
    owner or his representative, the department may approve the claim for
    payment, or may make a counter offer. If the owner or his representative
    rejects the department's counter offer, this rejection or refusal must be
    in writing and submitted within five (5) business days. The value of the
    damage or destruction will then be determined pursuant to the provisions
    of subsection (b)3. of section 36-1108, Idaho Code, and, in circumstances
    so provided for by the provisions of subsection (b)3.  of section 36-1108,
    Idaho Code, pursuant to the provisions of subsection (b)4. of section
    36-1108, Idaho Code. Any claim received by the department under the
    provisions of this section must be processed by the department within
    sixty (60) calendar days of receipt. If the claim is approved for payment,
    the claim must be immediately forwarded to the department of
    administration for payment. Any damage claim determination by an
    independent insurance adjuster, accepted by the parties, must be paid by
    the department within forty-five (45) days of the determination. If the
    claim is arbitrated, the arbitration must be completed within one hundred
    eighty (180) days of filing the claim for such damages.