Roughly a third of Idaho’s land is privately owned, and many of the state's big game herds spend at least a portion of their year on private land. That’s why working with landowners is critical to maintaining abundant and healthy big game herds. Many landowners appreciate wildlife on their property, even if they cause some inconveniences or damage some crops. 

Fish and Game is legally obligated to fix problems caused to private lands by big game, and when prevention and mitigation fails to resolve it, the department must pay for damages. 

What the law says about payments for depredation

In 1990, the Idaho Legislature established a cooperative program among Idaho Fish and Game, landowners, and sportsmen to limit damage caused by wildlife. The legislation also called for landowners and Fish and Game to cooperate to prevent as much wildlife damage as possible. 

When damages cannot be sufficiently reduced, or prevented, landowners can file a claim for compensation for five types of damages:

• Crops (plants grown or stored for profit) damaged by pronghorn, deer, elk, or moose
• Use of privately owned rangeland forage (plants grown for livestock feed) by pronghorn, deer, elk or moose
• Livestock (domestic cattle, sheep, and goats) destroyed by black bears, mountain lions, or delisted (from the Endangered Species Act) grizzly bears
• Berries, bees, beehives, and honey damaged or destroyed by black bears or delisted grizzly bears on private land
• Damaged to prepared seedbed ground and irrigation equipment

Landowners are compensated for the damages minus a $750 deductible, which is waived for landowners who file claims for similar damages in subsequent years at the same location. 

If the landowner and Fish and Game cannot agree on the amount of damage, a three-member arbitration panel convenes to make the final decision.

Fish and Game pays half the amount of each claim within 45 days of approval, and the full or prorated balance is paid after the fiscal year ends on June 30 depending on available funding remaining. If there’s not enough money to pay all claims, the remaining balance in the depredation account is distributed proportionally (i.e., prorated). 

Fish and Game has seen an increase in depredation payments over the last decade, peaking in 2019 when nearly $2.4 million in claims were paid. 

During the last 5 years, payments have varied between $1.3 million and $2 million, and in four of the last five years, claims exceeded the total money available, so each claimant was paid a prorated percentage of their claim. The increase in claims and prorated payments for wildlife damages has Fish and Game officials concerned because landowners may have less tolerance for wildlife if they’re not being fully compensated for their depredation claims. 

In 2023, the Idaho Legislature raised the cap on the depredation fund to provide more money to be used to pay claims. 

Where the money come from 

Depredation payments are funded by the “Access/Depredation fee” that is added to the first fishing, hunting and trapping license each Idaho resident and nonresident buys each year. 

Resident adults pay $5, nonresident adults pay $10, and people such as juniors and seniors who are eligible for discounted licenses also get a discount. This fee also provides money for additional sportsmen’s access and depredation compensation and prevention. 

Hunting is recognized as an effective tool to reduce depredation

Because hunting is often effective in reducing depredations, by law, landowners seeking a claim must have allowed reasonable public access for hunting during the preceding hunting season, or as a response to a current depredation, provided such access does not impact their operations. 

Hunters must ask the landowner’s permission before entering private property, and all aspects of the trespass law apply.  

Fish and Game staff will continue to work with long-time landowners and new ones to find ways to reduce depredations, and they will continue to respond when depredations occur and try to stop them from recurring. 

It helps for hunters and nonhunters to understand these challenges and recognize that the solutions, whether temporary or long-term, can happen behind the scenes and nonlethally in many cases, but some may be very visible and attract lots of public attention. 

In either case, the important thing is the overall goal: maintaining healthy and abundant big game herds while minimizing the problems abundant big game may cause agriculture operations. 

Read more in Part 1: Why private lands are an important part of big game habitat