Notice of Codification Error:Rule R657-24, DAR No. 28796

The Division of Wildlife Resources (DWR) published an amendment to Rule R657-24 in the July 1, 2006, Utah State Bulletin (see http://www.rules.utah.gov/publicat/bulletin/2006/20060701/28796.htm ).

DWR later made the amendment effective on 08/08/2006 (see http://www.rules.utah.gov/publicat/bulletin/2006/20060901/effect.htm ).

Records at the Division of Administrative Rules (Division) show that the notice of effective date was received, and the amendment processed for inclusion in the Utah Administrative Code. For some reason, the final version of the text associated with this amendment was not included as it should have been. As a result, the Division has included the wrong version of the rule in the Utah Administrative Code ever since.

Because DWR properly filed the amendment to Rule R657-24, because the Division properly published the amendment, and because, as a result, the public had proper notice of the amendment and an opportunity to comment, the Division will correct the Utah Administrative Code to reflect the changes made by DAR No. 28796.

The correct text is reproduced below.

R657. Natural Resources, Wildlife Resources.

R657-24. Compensation for Mountain Lion, Bear or Eagle Damage.

R657-24-1. Purpose and Authority.

Under authority of Section 23-24-1, this rule provides the procedures, standards, requirements and limits for obtaining compensation for damages to livestock by mountain lion, black bear or an eagle.

 

R657-24-2. Definitions.

(1) Terms used in this rule are defined in Sections 23-13-2 and 23-24-1(1).

(2) In addition:

(a) "Black bear" means Ursus americanus.

(b) "Fair market value" means the average commercial livestock prices from July 1 through June 30, as determined by the Utah Livestock and Auction Reporting Service.

(c) "Injury" means an act by a mountain lion or bear that results in the death of livestock within 30 days of the act or a permanent injury to livestock.

(d) "Livestock" means cattle, sheep, goats, or turkeys.

(e) "Mountain lion" means Felis concolor.

(f) "Eagle" means Haliacctus leucocephalus (bald eagle) and Aquila chrysaetos (golden eagle).

 

R657-24-3. Notification of Damage -- Payment of Damage Claims.

(1) When livestock are damaged by a mountain lion, bear or an eagle, the owner may receive compensation in accordance with Section 23-24-1(2).

(2)(a) Notification must be made in writing to one of the regional division offices within four working days of discovering the damage. A Proof of Loss form must then be submitted within 30 days after the original notification.

(b) Notification may be made orally to expedite field investigations, but it must be followed in writing within four working days after the damage is discovered. A Proof of Loss form must then be submitted within 30 days after the original written notification.

(3)(a) Claims for damage payments received from July 1 through June 30 are assessed and accepted or denied based on information reported on the livestock damage form.

(b) Claims accepted for damage payments are held until all damage claims for the July 1 through June 30 period have been collected.

(c) If the total amount of the damage claims exceed the appropriated funds for this purpose, damage payments will be prorated for all eligible claims.

(d) Payments for eagle damage claims shall not be made until all accepted mountain lion and bear claims for a fiscal year have first been paid.

(4) Damage payments will be paid only for confirmed losses.

(5)(a) The division or animal damage control specialists will document on approved livestock damage forms the type and magnitude of livestock losses experienced by livestock producers.

(b) Where agreement with the type or magnitude of losses is not achieved by animal damage control specialists, a division representative shall follow up with an additional field investigation to assess damage claims.

 

KEY: wildlife, damages, livestock

Date of Enactment or Last Substantive Amendment: August 8, 2006

Notice of Continuation: October 7, 2005

Authorizing, and implemented or interpreted law: 4-23-7; 23-24-1

 

 

For questions regarding this notice, contact Michael Broschinsky at 801-538-3003, or FAX at 801-359-0759, or email at [e-mail].

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