2005 Idaho Code - 36-1110 — CONTROL OF DAMAGE BY GRAZING WILDLIFE -- COMPENSATION FOR DAMAGE

                                   TITLE 36
                                FISH AND GAME
                                  CHAPTER 11
                       PROTECTION OF ANIMALS AND BIRDS
    36-1110.  CONTROL OF DAMAGE BY GRAZING WILDLIFE -- 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 grazing wildlife on private
lands, whether owned or leased, or to mitigate damage by such. When any
grazing wildlife is doing damage to or is destroying forage on private lands,
whether owned or leased, the owner or lessee thereof may make a complaint and
report the facts to the director or his designee who shall, within seventy-two
(72) hours, investigate the conditions complained of. If it appears that the
complaint is well founded and the forage is being or is likely to be damaged
or destroyed or consumed by grazing wildlife, the owner or lessee shall
contract with a qualified range management consultant to prepare an estimate
of depredation based on his inspection. The cost of the consultant shall be
paid by the owner or lessee. After the initial complaint, it shall be the
responsibility of both the department and the owner or lessee to jointly
design and implement a mutually agreeable method of determining forage
utilization and damage or loss due to wildlife through the use of exclosure
cages or other devices. For purposes of this subsection, "forage damage" shall
mean growing or matured plants grown for livestock feed.
    (b)  Claims submitted under the provisions of this section shall be
limited to loss of forage on private lands, whether owned or leased, and shall
be submitted and processed under the provisions of section 36-1108(b), Idaho
Code, and approved claims shall be paid under the provisions of section
36-115(f), Idaho Code.