NAC504.375. Cooperative agreement between claimant and Director of Department.

     1. To receive money or materials from the Department pursuant to the provisions of NAC 504.350 to 504.440, inclusive, a claimant must enter into a cooperative agreement with the Director of the Department.

     2. The cooperative agreement must state that:

     (a) If the Department and the claimant agree that the hunting of elk is necessary to control damage, the parties agree to negotiate the circumstances under which access to the land of the claimant will be allowed.

     (b) The Department agrees to:

          (1) Act expeditiously when it receives a complaint.

          (2) Assess the problem and recommend a course of action to the claimant.

          (3) Carry out an orderly progression of action to alleviate the damage as agreed to by both parties.

          (4) Compensate the claimant for damage if a preponderance of the evidence proves that the loss was caused solely by elk or game animals not native to this State.

     (c) The claimant agrees to:

          (1) Consult with the Department and consider its technical advice regarding:

               (I) Damage which occurs because of the placement of stored crops; and

               (II) The relocation of stored crops and development of new agricultural fields.

          (2) Allow the Department to enter his or her property to:

               (I) Remove elk or game animals not native to this State when the Department so requests.

               (II) Prevent further damage by any method necessary, including, but not limited to, hazing, hunting, shooting and scaring.

          (3) Allow hunters to whom the Department has issued a wildlife depredation tag, to hunt on his or her property if the hunters will not constitute an undue safety hazard to persons or property.

          (4) Notify the Department in writing of any damage within 5 days after he or she discovers it. The notice must include the information and documentation required by the provisions of NAC 504.365.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 4-18-90)