The Department is legislatively mandated to maintain, preserve, and perpetuate Washington's wildlife.  However, we must be able to coexist with wildlife and create a balance.  Sport hunting, special tags and permits, and damage hunts can solve some problem wildlife issues, but there are areas where these methods cannot be used.  Currently, liberal estimates for deer populations are 320,000 in the state, and elk populations number 56,000.

The Problem Wildlife Program has been around since the early 1940s.  When we talk about a "commercial crop," we mean a commercially raised horticultural and/or agricultural product, which includes growing or harvested product, but does not include livestock.  For the purposes of this program, all parts of horticultural trees shall be considered a crop and shall be eligible for claims.  This can be found accessing RCW 77.36.010 "Definitions."  A commercial damage claim can range from orchards, oats, and alfalfa, to Christmas trees, among others.

Deer/Elk Damage Summary for Fiscal Years 2004 and 2005:

• Damage Claims - Statewide (Deer and Elk)
• Damage Claims by Crop - Statewide (Deer and Elk)

Procedures:

Procedures for submitting claims are defined in RCWs 77.36.005, 010, 040, 050, 060, 070, and 080. In order to claim damages inflicted by deer/elk to commercial agricultural/horticultural crops, here are the steps that a claimant must follow:

• The Department of Fish and Wildlife, Enforcement Program regional personnel must be notified within 10 days of damage.  (See regional contact list.)
• A claimant has 60 days from that time to complete a damage claim and submit to Enforcement Headquarters.  He/she must submit a written request for a damage claim form to Sean Carrell, Enforcement Program Headquarters, 600 Capitol Way North, Olympia, WA 98501-1091.  All fields of the damage claim form must be completed.
• The damage claim is sent to the Regional Enforcement staff where the Captain assigns local field personnel to assess the damage.  The officer has 60 to 70 days to complete the claim (depending if the damage is of a continuing nature).  The Captain, Sergeant, and Regional Director then review it for completeness.
• Once the application has been approved at the regional level, it comes back to Enforcement Headquarters for the Director's signature, and an order payment form is sent to the claimant.  The claimant has 60 days to agree/disagree with the amount or the claim is deemed rejected.  If the claimant does not agree with the WDFW approved amount, he/she can file with Sundry Claims, Office of Risk Management, Attn: John Bilbrey, PO Box 41027, Olympia, WA, 98504-1027.
• However, that claim with the department will be considered closed.

Limitations:

Under RCW 77.36.040 sub-section (5), there shall be no payment for damages if:

(a) The crops are on lands leased from any public agency;

(b) The landowner or claimant failed to use or maintain applicable damage prevention materials or methods furnished by the department, or failed to comply with a wildlife damage prevention agreement under RCW 77.12.260;

(c) The Director has expended all funds appropriated for payment of such claims for the current fiscal year; or

(d) The damages are covered by insurance. The claimant shall notify the Department at the time of claim of insurance coverage in the manner required by the Director.

Insurance coverage shall cover all damages before any payment under this chapter.

Future of Program:

As Washington State continues to grow in human population and habitat is lost, so will conflicts with wildlife.  The current statute governing deer and elk damage limits the Department's annual claims expenditure to $150,000 per fiscal year.  Exceptions to this expenditure limitation may be approved by the Legislature, declaring an emergency.  Changes to the program, however, have increased the opportunity to resolve damage issues.  The changes are, cost share fencing, and landowner damage hunts.  The Enforcement Program continues to have a very positive outlook on the future of this program.  With assistance from Enforcement field personnel, the Legislature, and regional fish and wildlife officers, this program will continue to support the agriculture/horticulture community.  However, we will also support and help those private individuals with small damage problems (ornamentals, vegetable gardens, etc.).