§ 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 verbally or electronically report the facts to the director or his designee who shall, within seventy-two (72) hours, investigate the conditions complained of. The director may respond pursuant to section 36-1108 (a)1. and 2., Idaho Code. 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, which may include 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.

Legislative History

[36-1110, added 1990, ch. 370, sec. 8, p. 1018; am. 1994, ch. 218, sec. 3, p. 683; am. 2017, ch. 195, sec. 9, p. 478.]