17-239. Wildlife depredations; investigations;
corrective measures; disposal; reports; judicial review
A. Any person suffering property damage from wildlife may exercise all reasonable
measures to alleviate the damage, except that reasonable measures shall not include
injuring or killing game mammals, game birds or wildlife protected by federal law or
regulation unless authorized under subsection D of this section. A person may not retain
or sell any portion of an animal taken pursuant to this subsection except as provided in
section 3-2403.
B. Any person suffering such property damage, after resorting to the relief as is
provided in subsection A of this section, may file a written report with the director,
advising the director of the damage suffered, and the species of animals causing the
damage, and the director shall immediately order an investigation and report by an
employee trained in the handling of wild animal depredation.
C. The department shall provide technical advice and assist in the necessary
anti-depredation measures recommended in the report, including trapping, capturing and
relocating animals.
D. If harvest of animals is found to be necessary to relieve damage, the commission
may establish special seasons or special bag limits, and either set reduced fees or waive
any or all license fees required by this title, to crop that wildlife. If the commission
determines that this cropping by hunters is impractical, it may issue a special permit
for taking that wildlife to the landowner, lessee, livestock operator or municipality
suffering damage, provided that the edible portions, or other portions as prescribed by
the commission, of all the wildlife taken by the person suffering damage are turned over
to an agent of the department for delivery to a public institution or charitable
organization.
E. Except as provided in section 41-1092.08, subsection H, in the event any person
suffering property damage from wildlife is dissatisfied with the final decision of the
commission, the person may seek judicial review pursuant to title 12, chapter 7, article
6.
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