Ariz. Admin. Code § 12-2-102

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-2-102 - Compensation for Mexican Wolf Depredation on Livestock; Eligibility; Application

A. The Board may compensate a landowner, lessee, or livestock operator for the loss of livestock caused by Mexican gray wolf depredation. Cash compensation for livestock losses from wolves shall not include damage to other real or personal property, including other vegetation or animals, consequential damages, or any other damages. The Board shall:

1. Consider claims in the order received, and

2. Award compensation until eligible funds are exhausted.

B. Landowners, lessees, and livestock operators should take care in operations so to reduce and, where possible, to avoid a circumstance that increases the potential for increasing Mexican wolf depredations. However, a landowner, lessee, or livestock operator whose livestock has been killed in an area in Arizona and who suspects the kill is from a wolf is eligible to submit a claim to the Board.

1. A claimant may pursue a claim for wolf depredations occurring no earlier than September 1, 2015.

2. A claimant who initiated a claim for compensation under the Board's interim policy is prohibited from seeking compensation for the same animal under this Section.

C. A landowner, lessee, or livestock operator who suspects a wolf depredation shall contact a USDA Wildlife Services Field Representative (Wildlife Field Representative) to report the suspected wolf depredation incident and request an investigation by the U.S. Department of Agriculture, Wildlife Services.

1. The landowner, lessee, or livestock operator shall provide access to the Wildlife Field Representatives or their agents to investigate the cause of death to eligible livestock or guard dogs and use reasonable measures to protect evidence at the depredation site.

2. A Wildlife Field Representative shall conduct a depredation investigation and provide a determination of the cause of death of the livestock in Arizona.

3. If the Wildlife Field Representative determines the cause of death was the result of Mexican wolf depredation, the Wildlife Field Representative shall provide the landowner, lessee, or livestock operator (claimant) with a Request for Depredation Compensation Form (form).

D. To receive compensation for the death of livestock, the claimant shall submit the form to the Board no less than seven days prior to its next regularly scheduled meeting. The claimant shall mail the form to the State of Arizona Livestock Loss Board at P.O. Box 74975, Phoenix, AZ, 85087. The claimant shall provide all of the information on the form, including:

1. The claimant's:

a. Name,

b. Mailing address,

c. Contact number, and

d. Email address.

2. The Board shall review claims submitted in compliance with subsection (D) during a regularly scheduled public meeting. The Board shall:

a. Notify the claimant if the claim is approved, and

b. Notify the NFWF, or other Board-approved payment agent, of the approved amount, authorizing payment to the claimant.

3. The payment of a claim included on the list maintained by the Board under this section is conditional on the availability of specific funding for this purpose and is not a guarantee of reimbursement.

E. The decision of the Board is not subject to reconsideration and shall be the final administrative decision.

1. Monetary compensation as determined by the Board using standardized methods and shall constitute full and final payment for a claim.

2. If the Board is unable to make a payment for livestock losses due to lack of funding, the claim shall be held over until the Board receives additional eligible funding.

3. Claims that are carried over shall have priority and receive payment before any new claims are paid.

Ariz. Admin. Code § R12-2-102

New Section made by final rulemaking at 30 A.A.R. 430, effective 4/13/2024.