Commission adopts amended livestock compensation rules after debate over 'harassment' and 'attack' definitions

The Washington Fish and Wildlife Commission on March 17 adopted amendments to four Washington Administrative Code sections that govern compensation for commercial livestock and working-dog losses attributed to wolves, cougars and other wildlife.

Jim Brown, Wildlife Conflict Section Manager for the department, told commissioners the CR-102 proposal reflects revisions made after public comment, including changing references from “guard dog” to “working dog” and removing language that would have allowed claims for property beyond commercial livestock and working dogs. "The department recommends that the commission adopt the attached rule proposal with the staff's recommended adjustments as shown in the rule, track changes," Brown said.

Brown said the agency received 27 comment entries from 19 individuals and several stakeholder entries; staff summarized the submissions and made targeted edits in track changes in the packet. One significant change was adding the phrase "increased stress" to the indirect-loss definition so that harassment is explicitly tied to the livestock effects staff will compensate (decreased weight gain, lower pregnancy rates, animals failing to return at the end of a grazing season).

Commissioners questioned whether the word "harassment" or the newly framed "attack" definition might be ambiguous in practice. Commissioner Smith asked whether "attack" is required to qualify an indirect claim; staff and a commenting attorney clarified that indirect claims are tied to stress and do not require an attack element. Staff also noted they will prepare and share an internal timeline and claimant-notification guidance to address concerns about agency processing timelines raised during comment.

Commissioner Linville moved to adopt the four amended WACs as presented; Commissioner Parker seconded. Commissioners speaking to the motion praised staff work and noted the amendments are intended only for compensation procedures and do not alter the separate livestock-interaction or removal protocols. The chair called for the ‘ayes’ and announced the motion carried.

What happens next: If the commission’s decision is filed as recommended, staff said the rules would take effect 31 days later and the agency will complete the remaining CR filing steps on the statutory timeline.

Key quote: "The department recommends that the commission adopt the attached rule proposal with the staff's recommended adjustments," Jim Brown said.

Ending: The vote closed the livestock compensation package; commissioners and staff said they remain open to revisiting definitions in a later, separate rulemaking if operational experience or other processes indicate changes are needed.