GAME DAMAGE CLAIMS
Colorado Parks & Wildlife Commission Meeting
Nov 14·15 2013 -
lamar
RECOMMENDED for DENIAL
Claim# 14-Y14-03
Ll ama by Bear
Julie Boomer
Divide CO
$400.00
lO/20/13fi1ing date
AWM: Chick OWM: T.Sharp RM: Prenzlow
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RegulatIOn 61 731 Proof 0/ Loss: The proof of loss forms shall be submit t ed within 90 days of the last
notification o f damages ... Incomplete or incorrect form s may be returned to t he claimant by the Division;
however, the time period for filin g Proof-of-Loss forms sha ll not be altered thereby.
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Claimant initially provided a 'guesst imate' of fair market va lue of llama. DWM contacted her two
different t imes asking for more definite proof of claim amo unt. l ast contact was 1/31/13 and
Boomer never provided the req uested paperwork.
Claim tl 15-Y 14-06
Greg Morrison
Bayfield CO
Cattle by Bear
8/12/13filin g date
.
$965.25
AWM: Thorpe OWM : Harrison RM: Dorsey
•
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RegulatIon 111741- DocumentatIon 0/ ClaIms (A2) Demonstrate that such animals wer e responsible for the
damage, and in the case of livestock, the actual cause of injury of death.
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DWM contacted Wildlife Services. WS said most of calf had been sonsumed and he couldn't be 100%
positive it was killed by a bear.
Claim tl 17-Y14-02
Michael Fuchs
Del Norte CO
Steer Calf by Bear
5/3 1/13filing date
$490.00
AWM: Ba sagoitia DWM:Thrpe RM: Do rsey
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Regulation 111740 Proof 0/ Loss ReqUIrements A: The claimant shall be responsible to prove by a
preponderance of evidence that he suffered damage to livestock or personal property used in t he production
o f raw agri cultural products and that such damage was caused by big game to the extent claims.
Regulation #1741- Documentation a/Claims (A2) Demonstrate that such animals were responsible for the
damage, and in the case o f livestock, the actual cause of injury of death.
Claimant did no t meet Proof of loss Requirem ents and was unable to provide sufficient
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documentation that a bea r killed his livestock
Claimtl18-Y14-01
Wo lf Catt le Co Inc
Ridgway CO
Ca ttle by Bear
7/24/ 13fi1ing date
$1600.00
AWM: DelPiccolo OWM: Cra ne RM: Dorsey
•
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RegulatIon 111740 - Proof 0/ Loss ReqUIrements A: The claimant shall be respon sible to prove by a
preponderance of evidence that he suffered damage to livestock or personal property used in t he production
of raw agricultural products and that such damage was caused by big game t o the extent claims.
Statute 33-3-103(0) No liability for damage when damage to livestock is caused by coyotes
o Upon DWM recommendation, Wildlife Services agent sat on ca lf carcasses and no bears cam e to feed
on it. Coyotes did . Based on his experience it is very unlikely for a bear to kill a calf and not come
back to feed on it. Poisonous weeds are also present in the area.
- I -
CLAIM SUMMARY and RECOMMENDATION for CLAIM
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GD4-Summary HPP July2013
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Full Name
JULIE BOOMER
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Mailing Address
POB 471 DIVIDE, CO 80814
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Contact Phone #
719-687-7614
Damage caused by big game species:
BEAR
Ended:
8/1712012
Township: 12 S
8/17/2012
Quantity & type or UOM:
1>1 noti fi cation received on:
811712012
Range:
70W
Section:
33 Omulli sections GMU :
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Last notification received on: 811712012
DAU:
Final documents received 00: 10120/2012
(Proof of Loss <- Itemized l osses Statements )
@Pri vate Land
DPublic Land
Did claimant request assistance from local HPP committee? ~f~ES
DYES
DYES
DYES
Did HPP committee provide assistance?
Did HPP assistance reduce this damage claim amount?
Will HPP assistance reduce or eliminate future claims?
Describe HPP assistance provided:
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Claimant originally requested $400
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DWM recommendation
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County:
Damage discovered on :
HPP Office Info Request
Growing - Harvested
Crops or Forage or
Fence
Claims ONLY
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8/1712012
Damage target was:
LLAMA
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TELLER
Damage staned:
8-2
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FINAL AMOUNT OF CLAIM : $0
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AWM recommendation
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RM recommendation
It is recommended that payment of this claim be denied for these reasons (cite StatutesJregs):
1731 A. Proof of Loss: Ctaimant initially provided a "guesstimate" of the fair market value of the llama lost to a bear. DWM Sharp contacted
her two different limes asking for more definite proof of the claim amount. The last contact was January 31 , 2013 and Boomer never
provided the requested paper.'/ork.
Therefore, Sharp recommends deniat on this ctaim as the ctaimant did not follow through on providing the requested paperwork.
CLAIM INVESTIGATION NARRATIVE for CLAIM # -----:...14----..,;;.Y....;..13;:;....."""'""'o.....L.4~
GD5-lnvestigate Feb2010
FILING PROCEDURES
Old the claimant meet all filing procedures
and deadlines?
What agreements were made regarding
filing procedures?
If the claimant did not meet filing
deadlines, explain the rationale for waiving
procedures.
YES
DESCRIPTION OF DAMAGE and PREVENTIVE MEASURES
Why did this damage occur? Ie: winter range
Bear attacked llama to eat it.
erae, big geme movements, new operation, leck of
DI8VSntive measul8S...
What procedures did the claimant use to
Drevent damage? Assess the results.
Does the claimant Impose ANY hunting or
access restrictions? explain.
What procedures did CPW use? Assess the
results.
Does this claim represent a single site
(reference WCR 173D-C1)?
If the claimant has filed claims In the past
for similar damage, describe the claimant's
level of cooperation an~ mitigation efforts
to lessen on-aolna damage.
What other resources were consulted/used
(ie HPP, APHIS)? Describe level of
Involvement, projects done. applications
submitted etc.
Llama was in a fenced corral.
Yes. Claimant lives in a subdivision where hunting is not allowed.
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INVESTIGATION BY DWM
explain In detail the procedures used to
determine big game caused this damage.
What tangible proof did the claimant
provide to verify his losses? Ie:, observation
DWM Sharp was called by Teller County S.O. at 0430 hours. The bear was in the llama pen at
that moment and had already attacked the llama. Both the bear and the llama were put down.
toos necroosv, croD eDDraiser.Dhotos,etc.
What Is the extent of CPW's liability for this
damage compared to the total loss
claimed? Is some of this loss attributable
to other variables?
What proof was used to determine the $
value ofthe loss and describe any
negotiations with claimant?
100 percent liable.
Claimant listed market value based on a "guesstimate.". Sharp attemtpted to contact claimant for
more specifics, and claimant never returned call. DWM Sharp conducted an Internet search and
decided that the $400 was not out of line.
On a separate page, provide step-by-step calculations used to determine dollar amount of damage to include any documentation.
DWM SIGNATURE/DATE
Indicate DWM A roveVDenial Recommendation and specific reference to statute
DWM Name Tonya Sharp
Commenls
DWM Signature
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COLORADO PARKS & WILDLIFE
6060 Broadway· Denver, Colorado 80216
Phone (303) 297-1192 • FAX (303) 291-7109
wildlife.state.co.us • parks.state.co.us
November 14,2012
TO:
FROM:
RE:
if'
Cory Chick, A WM
Tonya Sharp, DWM l'
Boomer game damage c1aimlbear on llama
Attached is a game damage claim for a bear attacking a llama. I left a message with the claimant in late
October that I needed something more concrete than "guesstimate" for determining market value. I never
did receive a call back from her. I did conduct a brief Internet search and $400 is not an unreasonable
amount for the llama.
STATE OF COLORADO
John W. Hickenlooper, Governor. Mike King, Executive Director, Department of Natural Resoura!S
Rid< D. Cables, Director, Colorado Par1<s and Wildlife
Par1<s and Wildlife Commission: David R. Brougham. Gary Butterworth, VlCe-Chair. Chris Castilian
Dorothea Farris. Tun Glenn, Chair. Allan Jones. Bill Kane. Gaspar Penicone • Jim Pribyl. John Singletary
Mark Smith, Secretary. Robert Streeter. Lenna watson • Dean Wingfield
Ex Officio Members: Mike King and John Salazar
PROOF OF LOSS
Within 90 days of the fast 10-day Nolilication 01 Damage, the DOW office MUST receive this
PROOF OF LOSS loon & the ITEMIZED LOSSES ST ATEMENT(or Claimant's Report)
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or amount
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PROOF
OF
DAMAGE
BY BIG
GAME
What tangible
evidence do you have
thaI big game was
present in this area?
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Auach photos, documentatfon, etc ..
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Attach photos, investigative repons, USDA·APHIS Wildlife Services BearlLion request form, etc ..
What evidence
demonstrates this big
game species was
responsible for
damage?
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I 'S ,BearllJon Claims: I authorize APHIS· Wildlife Services 10 release information in rela/ion to activity on this claim.
YES DNO
Wildlife Conmiuion Regula/ion #1710: a claim shag be denied or Iimilfd. as is apPfOptiale under doctrine of avoidable consequences, whefe claimant fails /0 exefcise
teasonable cafeid~ /0 avoid /he /oss 0110 minimize/lessen feSlJ,~ing damage.
Whal measures were
laken by you 10
prevenUminimize damage?
DUTYTO
MITIGATE
DAMAGE
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Did you
request
assistance
from YOu~ ~
local HPP
Committee?
DYES
WlJ1~
Ie: frequency of checks, guard
animals, fencing, deterrents,
pyrotechnics, name/address
of herder(for livestock
DNO
OfX},raforSJ
CLAIM AMOUNT
Based on the Itemized Losses Statement, I am claiming losses in the amount of
DODO
I hereby declare under penally of perjury thaI the above and accompanying statements are true and accufate to the best of my know/edge. I further authorize the
CPW 10 make any necessalV inquiries or investioalions to verify Ihese slaremenls.
I SSNii (required for paymenl)
I Dale
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Claimanl Signature
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CPWofficer:
CLAIM
SmLEMENT
and I re-evaluate<! this claimon
Claimallt Signature/Date:
This form was received by CPW en _ _ _ _ __ _ __ __ by _ _ __ _ __ _ __ _ _
I will accept this amount to
se!\le this daim
$
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Claimant Name:
ITEMIZED LOSSES STATEMENT
LIVESTOCK
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Attach this form to your PROOF OF LOSS
GD10-LlveStock ApJ{)8
Class
(ie: lamb/calf, animal breed - Sulfolk ram ... etc)
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Weight
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Age
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Value per
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charges wool ch~off - saies
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Value
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TOTAL VALUE for Livestock
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How did you determine the market value?
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MARKET
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VALUE
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Attach documentation ~
DMarkel report
DContract
DSales receipts
OCancelled chocks
DOther
Any addilional facts to SUbstantiate values?
CLAIM
AMOUNT
REQUESTED
I am claiming losses
in the amount of
$
~ VU IX)
(insert !his fiQure on vour PROOF OF LOSS form)
I hereby declare under penalty of perJury thal lhe above and acrompanying statements are true and accurate to the best of my knowledge. I further authorize the
CPW to make any necessary inquiries or investigatioos to verify these statements.
Claimant Signature
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Th is rOml was received by CPW on _ _ _ _ _ _ __ _ __
by _ _ _ __ _ __
COLORADO PARKS & WILDLIFE
4255 Sinton Road ' Colorado Springs, Colorado 80907
Phone (719) 227-5200 ' FAX (719) 227-5223
wildlife.slate .co.us • parks.state .co.us
NOV cO!3
Via Certified Mail
J1I1 y22 , 20 13
Ju lie Boomer
P. O . Box 47 1
Divide, CO 80814
Dear Ms. Boomer:
Yo ur cla im # 14- Y14-03 for dama ge o f your Llama by Bear in the amount of
$4 00.00 has been reco mmended fo r dcni:11 of payment to the Colorado Park s &
Wildlife Commi ssion. The denial is based on th e following:
173 1 A. Proof of Loss: Claimant initia ll y provided a "guessti mat e" o rlhe
fair market value of the llama lo st to a bear. DWM Sharp contact Claimant
two different times asking for more definite proof of claim amount. The last
con tact was January 31 , 2013 and Boomer never provided the req uested
paperwork.
It is standard procedurc for the Park s & Wi ldl ife Commission to exam ine all denied
claim s at the next schedu led Wildl ife Com mi ss ion Meeting. This meeting wi ll take place
o n Novcmber 14- 15,20 13 ill Lamar.
Your Denied Claim will be on the Consent Agenda (to accept the denial
recommendation) unless you fonna ll y fi le a Req uest for Review o r a Request for
\ Vaiver:
•
A Request for Review provid es you with the opportunity 10 documcnt, in
wri ting, your reason s for con testing th e denial. It will al so all ow th e Parks
& Wildlife Commission to thoro ughly review your request prior to th eir
meeting. While you arc we lcome to attend thc meetin g and observe the
proceedings, th ere is no provision for you to speak about yo ur claim unless
the Comm iss ion specifi cally asks you to do so. The procedure for fi lin g
the Request for Revicw is attached . Your wri tten notice for Requ est for
Review mu st be mailed within tell (10) d ays of receipt of this letter.
Follow the inHructiollS at the bottom a/ this letter IOjile a Request/or Review.
STATE OF COLORADO
John
w. Hickerlooper. Governor . Mike Khg. Exea.r1ive Director. Department of Natural Resourt;eS
Rick D. Cables. Director. Colorado Par1<s and Wildlife
Parks and Wildlife Commission: Robeft W. Bray . Chris Castilian . Jeanne Home
Bill Kane, VlOe-Chair . GaSp:lf Pcnic:onc . James Pribyl . John Singletary, Chair
Mark Smith. Secretary . James VIQiI • Dean Wangfield . Md'lelle Zimmerman
Ex OffICio Meml>cfs: Mke King and John Satazar
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