H.B. 289 Enrolled

COUGAR AND BEAR DEPREDATION LOSS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Beverly Ann Evans
AN ACT RELATING TO WILDLIFE DAMAGE COMPENSATION; ALLOWING
COMPENSATION FOR THE FULL FAIR MARKET VALUE OF LIVESTOCK
DAMAGED BY COUGAR AND BEAR; PROVIDING AN EXCEPTION;
APPROPRIATING $50,000 FROM THE GENERAL FUND FOR COMPENSATION;
AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
23-24-1, as enacted by Chapter 290, Laws of Utah 1990
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 23-24-1 is amended to read:
23-24-1. Procedure to obtain compensation for livestock damage done by bear or
mountain lion.
(1) As used in this section:
(a) "Damage" means injury or loss to livestock.
(b) "Division" means the Division of Wildlife Resources.
(c) "Livestock" means [calves] cattle, sheep, [or lambs] goats, or turkeys.
(2) When livestock are damaged by a bear or mountain lion, the owner may receive
compensation for [50% of] the fair market value of the damage. To obtain this compensation, the
owner of the damaged livestock shall notify the division of the damage as soon as possible, but
no later than four days after the damage is discovered. This notification is required each time any
damage is discovered.
(3) Proof of loss forms, provided by the division, shall be filed no later than 30 days after
the original notification of damage was given to the division by the claimant.
(4) (a) The division, with the assistance of the Department of Agriculture in making the
determination, shall either accept or deny the claim for damages within 30 days after the proof of

loss form is filed. The division shall pay all accepted claims to the extent of money appropriated
by the Legislature for this purpose, except money appropriated from the Wildlife Resources Account
may be used to provide compensation for only up to 50% of the fair market value of any damaged
livestock.
(b) The division [shall] may not pay mountain lion and bear damage claims to livestock
owners who have failed to file with the commissioner of agriculture their completed livestock form
and appropriate fee as outlined in Section 4-23-7 for the immediately preceding and current year.
(c) If the division denies a claim, except as provided in Subsection (4)(b), the claimant may
appeal the decision to a panel consisting of one person selected by the claimant, one person selected
by the division, and a third person selected by the first two panel members. The panel shall decide
whether the division should pay all or a portion of the claim.
(5) The Wildlife Board is authorized, subject to Title 63, Chapter 46a, [the] Utah
Administrative Rulemaking Act, to make and enforce rules to administer and enforce this section.
Section 2. Appropriation.
There is appropriated from the General Fund for fiscal year 1997-98, $50,000 to the Division
of Wildlife Resources to compensate livestock owners for livestock damaged by cougar and bear.
Section 3. Effective date.
This act takes effect on July 1, 1997.

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