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Bill

Bill

SB 5784

Concerning deer and elk damage to commercial crops.

2023-2024 Regular Session Introduced by Mark Mullet and 5 co-sponsors

Raises state funding for deer/elk crop damage to $300,000/year and $30,000 per claim, with a three-year elk-collaring pilot to reduce damage and share data with tribes.

Effective date 6/6/2024.
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Bill Summary · SB 5784

Summary — SB 5784 (2024): Concerning deer and elk damage to commercial crops

Status: Chapter 264, 2024 Laws (partial veto by Governor); effective date June 6, 2024.
Requesting agency: Washington Department of Fish and Wildlife (DFW).

Purpose

To adjust how Washington responds to deer and elk damage to commercial crops by (1) increasing available State General Fund resources and per‑claim caps for damage compensation, (2) creating a targeted elk‑collaring pilot to reduce damage, and (3) directing DFW to review other states’ programs and recommend statutory changes.

Key provisions

  • Funding caps
    • Increases the State General Fund annual cap for deer/elk commercial crop damage claims from $30,000 to $300,000 per fiscal year.
    • Existing annual Wildlife Fund (Fish, Wildlife, and Conservation Account) cap of $120,000 remains in place.
  • Claim and appeal limits
    • Raises the maximum cash payment per claim from $10,000 to $30,000.
    • Limits an appeal of a DFW decision addressing deer or elk damage to commercial crops to $30,000.
  • Payment priority and carryover
    • Claims awarded but unpaid because funds were insufficient in a fiscal year are eligible for payment the next fiscal year; if the Legislature does not appropriate additional funds then, unpaid claims go unpaid.
    • Payments are explicitly conditional on availability of specific funding (not guaranteed).
    • When claims exceed available funds, DFW must prioritize payments by highest percentage loss: agreed/awarded crop damage divided by the claimant’s gross sales or harvested value for the previous tax year.
  • Elk management pilot program (three years)
    • DFW must develop, in consultation with tribal comanagers, a 3‑year pilot to collar and monitor elk herds nearest agricultural lands in DFW’s South Central Management Region, including herds causing year‑round or seasonal damage.
    • Collaring may include data‑sharing agreements (DFW, a technology company, and farmers) to alert farmers when collared elk approach private property to support hazing and other preventive measures.
    • DFW must share GPS collar data with the Yakama Nation and, subject to appropriation, make funding available to Yakama Nation wildlife staff to participate.
    • Depredation permits (to tribal and nontribal hunters) may be issued within the pilot area only when an agreement is signed by the landowner, tribal member, and DFW.
    • DFW must report to the Legislature on the pilot by December 1, 2027.
  • Review and recommendations
    • DFW must review crop and livestock wildlife damage programs in other states and submit recommendations for statutory changes to the Legislature by December 1, 2024.
  • Transitional statement
    • The bill includes a new section stating the Legislature had historically appropriated $30,000 (General Fund) and $120,000 (Fish/Wildlife account) and indicates an intent to appropriate an additional $184,000 for claims awarded prior to the bill’s effective date; no further amounts will be appropriated for those prior claims.

Who is affected

  • Eligible commercial crop owners (must meet the “eligible farmer” definition in RCW 82.08.855 and applicable DFW/Commission rules).
  • DFW (program implementation, monitoring, and reporting duties).
  • Yakama Nation and tribal comanagers (consultation, data sharing, possible participation funding).
  • Farmers in South Central Washington (pilot target area).
  • Hunters (potential issuance of depredation permits under pilot agreements).
  • State budget (impacts depend on future appropriations).

Funding and fiscal notes

  • The bill itself contains no appropriation; a fiscal note was prepared. Increased General Fund cap (to $300,000) expands the department’s authorized spending ceiling but actual spending remains subject to appropriation.
  • Payments remain conditional on appropriations; the bill directs prioritization rather than guaranteeing full payment of all claims.

Timeline & procedural highlights

  • Passed Legislature (Senate and House) in early March 2024. Governor issued a partial veto on March 26, 2024. Effective June 6, 2024.
  • DFW deadlines established: recommendations on other states’ programs due by December 1, 2024; pilot program report due by December 1, 2027.

Practical implications / considerations

  • Increases the State General Fund authorization available to respond to crop damage claims and raises per‑claim caps, potentially aiding larger or multiple losses but still conditional on appropriations.
  • Prioritization by percentage loss is designed to favor smaller operations with higher proportional losses.
  • The elk‑collaring pilot aims to provide real‑time data to support nonlethal hazing and reduce future damage; it raises operational questions about data sharing, privacy, and costs (subject to appropriation).
  • The pilot’s provision for depredation permits requires signed agreements (landowner, tribal member, DFW), preserving procedural controls.

For more detail, see the enrolled Second Substitute SSB 5784 (passed Legislature, 2024 Regular Session) and the amended RCW sections cited (77.36.080; 77.36.100; 77.36.130).

Compiled from official sources — confirm details with the bill’s official record.

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