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DEPARTMENT OF AGRICULTURE

 

DIVISION 19

WOLF DEPREDATION COMPENSATION AND FINANCIAL ASSISTANCE GRANT PROGRAM

603-019-0001

Definitions

As used in 603-019-0001 to 603-019-0040, unless the context requires otherwise:

(1) “Livestock” means, ratites, horses, mules, jackasses, cattle, llamas, alpacas, sheep, goats, swine, bison, domesticated fowl and any fur-bearing animal bred and maintained commercially, or otherwise, within pens, cages or hutches.

(2) “Working dog” means any animal of the species Canis familiaris used to aid in the herding or guarding of livestock.

(3) “Department” means the State Department of Agriculture.

(4) “Trust Fund” means the Wolf Management Compensation and Proactive Trust Fund

(5) “County Program” means an established county government wolf depredation compensation and financial assistance program meeting all of the requirements established under this rule.

(6) “Attributed to wolf depredation” means a finding by the Oregon Department of Fish and Wildlife (ODF&W) or a designated agent for ODF&W, that wolf depredation was the probable cause of the death or injury.

(7) “Area of known wolf activity” means an area of known wolf activity that is designated as such by the ODF&W.

Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0005

Purpose

The purpose of these rules is to provide criteria and procedures for implementation and administration of the Wolf Depredation Compensation and Financial Assistance Grant Program. Grant funds will be awarded to qualified county programs for;

(a) Compensation to persons who suffer death of or injury to livestock or working dogs that is attributed to wolf depredation as well as compensation for certain missing animals that qualify and/or;

(b) Financial assistance to persons who implement livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf /livestock interactions and reduce wolf depredations.

(c) Expenses associated with up to 90% of the implementation of a county program as defined in 603-019-0015(g).

Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0010

Eligible Applicants

Eligible applicants are county governments that have established an advisory committee and otherwise met the requirements listed in OAR 603-019-0015 and are prepared to assess applications from persons who are eligible to apply for grant funds from the county.

Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0015

Standards to Determine Grant Award Eligibility

(1) The Department will consider applications for funds from the Trust Fund from county programs that meet the stated purpose of this rule and contain the elements specified in this section.

(2) Grants are subject to available funding in the Trust Fund. A county may qualify for a grant if a county has a county program that meets the following requirements:

(a) A county must establish a county advisory committee to oversee the county program.

(A) Advisory committee membership shall include:

(i) One county commissioner;

(ii) Two members who own or manage livestock; and

(iii) Two members who support wolf conservation or coexistence with wolves.

(B) Once established, the county advisory committee shall agree upon two county business representatives to serve as additional county advisory committee members.

(b) A county must establish a procedure by which livestock owners and managers experiencing above expected death or injury to livestock or working dogs attributed to wolf depredation shall be given priority by the committee for grant moneys received under the County Program.

(c) A county program must require that an advisory committee must establish compensation rates for death or injury to livestock or working dogs attributable to wolf depredation, that are based on fair market value. Compensation for death or injury of livestock or working dogs takes priority over compensation for missing livestock.

(d) A county program must require that within an area of known wolf activity, a county advisory committee must establish compensation rates for missing livestock attributable to wolf depredation. To qualify for compensation for missing livestock producers must document that other possible causes for their animals to be missing, not including wolf depredation, have been eliminated for the number of missing animals they are claiming. Compensation for missing livestock may be at a lower value than compensation for death or injury as allowed in 603-019-0015(2)(c) at the discretion of the county advisory committee. Losses confirmed as due to wolf depredation shall be given priority over losses for missing livestock.

(e) A county program must establish eligibility requirements for compensation that ensures, contingent upon available funds, that:

(A) In order to consider awarding any compensation for death or injury to livestock or working dogs, or missing livestock and working dogs attributed to wolf depredation, the county advisory committee must determine that the person did not unreasonably or purposefully create circumstances that attract wolves or encourage conflict between wolves and livestock or working dogs, excluding accepted normal husbandry and grazing activities.

(B) Compensation for documented death or injury to livestock or working dogs that is attributed to wolf depredation that occurred outside an area of known wolf activity shall be compensated regardless of the preexistence of wolf deterrence techniques.

(C) Compensation for documented death or injury to livestock or working dogs that is attributed to wolf depredation that occurred within an area of known wolf activity shall be compensated if owners have demonstrated implementation of best management practices to deter wolves including reasonable non-lethal methods when practicable.

(D) Compensation for missing livestock or working dogs that is attributed to wolf depredation that occurred within an area of known wolf activity may be granted if owners document that other possible causes for their animals to be missing, not including wolf depredation, have been eliminated for the number of missing animals they are claiming.

(f) A county program must distribute grant program funds, to the extent possible, in an equal and balanced manner between payments to compensate for death or injury to livestock or working dogs attributed to wolf depredation and payments to implement livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf depredation of livestock, with a minimum of 30% of a county's grant funds, as distributed by the Department to that county, distributed for livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf depredation of livestock.

(g) The county must contribute an amount of money equal to 10% of the allowable expenditures necessary to implement the county program during the calendar year. Allowable expenditures are:

(A) Establishing a county advisory committee.

(B) Establishing a procedure by which persons applying for compensation will provide sufficient evidence of actual livestock and/or working dog losses attributed to wolf depredation.

(C) Establishing a procedure by which persons applying for financial assistance for the cost of livestock management or nonlethal deterrence provides an estimate of the potential cost.

(D) Establishing compensation rates for livestock or working dog losses from death, injury or missing all of which are attributed to wolf depredation.

(E) Distributing grant program funds.

(F) Preparation of an annual report to the Department.

Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0020

Distribution of Grant Funds by County Advisory Committees

Grant funds received by a county program from the Department may only be used to reimburse the following expenses or losses:

(1) Compensation for documented death or injury to livestock and working dogs determined as attributed to wolf depredation.

(2) Compensation for missing livestock or working dogs only when the animals in question became missing from within an area of known wolf activity and the livestock owner or manager has satisfied the requirements described in 603-019-0015.

(3) Compensation for death, injury or missing livestock or working dogs within a known area of wolf activity requires the livestock owner or manager to demonstrate to the county advisory committee, that they implemented best management practices to deter wolves, including reasonable use of nonlethal methods when practicable.

(4) Compensation for the cost of livestock management techniques or nonlethal wolf deterrence techniques designed to limit wolf/livestock interactions and discourage wolf depredation of livestock. These funds must amount to at least 30% of the total grant funds distributed by the Department to a county program.

(5) A county may submit up to 90% of expenses incurred by implementation of a county program meeting the requirements specified in OAR 603-019-0015. The county must make a money contribution equaling at least 10% of the expenses for one calendar year for implementation of a county program.

Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0025

Application Procedures

(1) Grant application forms will be made available and distributed by the Department.

(2) Each county shall submit its proposal for funding on the Department’s application form, including attachments as necessary.

(3) Applications for grant funds may be submitted to the Department by February15th of each year. Late submissions may be accepted in the discretion of the Department as is consistent with law.

(4) Grant applications may be made for:

(a) Funds to compensate for the loss or injury of livestock or working dogs due to wolf depredation;

(b) Funds to compensate for missing livestock consistent with OAR 603-019-0015;

(c) Funds for financial assistance for the implementation of nonlethal management techniques designed to discourage wolf depredation of livestock; and

(d) For up to 90% of the expense for one calendar year of implementing a county program as described in 603-019-0015.

Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0030

Application Review

(1) The Department may process grant applications to evaluate the reasonableness of the amount of money requested. The Department may use formulas it may derive for allocating available funds equitably among grant requests.

(2) The Department will review each application for completeness, accuracy, and consistency with these rules. Incomplete applications may be returned for correction or completion. Applications not meeting the standards established in these rules may be denied. If an application is denied, the Department may identify standards necessary for approval of a future grant application.

Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0035

Grant Awards

(1) After reviewing a county application, the Department will make one of the following decisions for each county’s grant request.

(a) Approval of grant award for the full amount requested;

(b) Approval of grant award of partial amount requested. In this instance, the Department may elect to fund a portion of grant request;

(c) Deferral of request for further consideration based upon submission of additional information;

(d) Denial of request. Applicants whose proposals are denied may reapply the following year.

(2) Any funds not allocated within the current calendar year by the Department shall be carried forward in the Trust Fund into the following year.

Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

603-019-0040

Grant Administration

(1) The Department and the recipient county will enter a grant agreement that includes but is not limited to the following:

(a) A description of the county program and a description of the work elements for which grant funding is received. ;

(b) A payment schedule as determined by the Department.

(c) A condition requiring the participating county to prepare an annual report that specifies the actions taken, compensation paid and financial assistance provided under the grant. This report will be due to the Department on June 1st of each year beginning in the year 2012.

(d) A condition allowing the Department to withhold the relevant payment pending resolution of the identified deficiencies in grant administration or in the event the Department finds a report unsatisfactory.

(e) A condition allowing, termination of the grant agreement if a county is consistently unable to meet performance standards as identified in the grant or as consistent with law.

(2) A condition requiring each recipient to submit a final report to the Department within six months of the official close of the grant period. The final report must detail the actions taken consistent with the grant agreement, compensation paid and financial assistance provided under the grant.

(3) A condition requiring counties to maintain any and all records necessary to allow the Department to monitor administration of the grant.

(4) A condition specifying that grantees and the Department may amend timelines specified in the grant agreement provided such amendments are in writing and are mutually agreed to.

(5) A condition specifying that unexpended grant funds not used by the grantee must be returned to the Department for reallocation to the Trust Fund.

(6) A condition specifying that as part of its duty to monitor the county programs, the Department may audit and review county program grant application documents, subsidiary record documentation, and source documents, including but not limited to, invoices, cost computations by the county or by a County Advisory committee and all other instruments and documents upon which expenditure of grant funding was determined and which the Department ascertains is necessary to determine compliance with a county program.

(7) A condition specifying that any grant moneys disbursed to a county that remain unobligated or unexpended as of the termination date of a grant agreement must be returned to the Department.

Stat. Auth.: ORS 690
Stats. Implemented: ORS 690
Hist.: DOA 25-2011, f. & cert. ef. 12-28-11

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