CHAPTER P-8: “ANS” OA 17-079 2 CONSENT AGENDA OA …cpw.state.co.us/Documents/Commission/2018/Jan/Item_2-DRAFT_Nov… · definition of ‘vessel’ within chapter P-8 to exempt

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INDEX PARKS AND WILDLIFE COMMISSION MINUTES

NOVEMBER 16-17, 2017

CODE PAGE CITIZEN PETITION

CHAPTER P-8: “ANS” OA 17-079 2

CONSENT AGENDA OA 17-090 4

EXECUTIVE SESSION COMMENCE/IN OA 17-091 5 ADJOURN/OUT OA 17-092 5

MINUTES APPROVAL – PARKS AND WILDLIFE COMMISSION MEETING SEPTEMBER 7-8, 2017

OA 17-078 2

NEW OFFICER ELECTIONS OA 17-089 4

REAL ESTATE 16-055: PLATEAU CREEK SWA – ALLEN FAMILY – FEE TITLE

ACQUISITION OA 17-086

4 16-061: ESCALANTE SWA – MIKA AG. FEE TITLE EXCHANGE OA 17-087 4 15-084: AHRA – GRANT PARCEL – FEE TITLE ACQUISTION OA 17-088 4 14-067 – MIDWESTERN FARMS RFP – PUBLIC ACCESS EASEMENT

(RESCINDED)OA 17-093

5 14-067 – MIDWESTERN FARMS RFP – PUBLIC ACCESS EASEMENT

(CARRIED)OA 17-094

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REGULATIONS CHAPTER W-1: “FISHING” OA 17-080 3 CHAPTER W-2: “BIG GAME” AND RELEVANT W-15: “DIVISION

AGENTS” AND P-7: “PASSES, PERMITS AND REGISTRATIONS” OA 17-081 3

CHAPTER W-3: “FURBEARERS AND SMALL GAME, EXCEPT MIGRATORY BIRDS”

OA 17-082 3

CHAPTER W-8: “FIELD TRIALS AND TRAINING OF HUNTING DOGS” OA 17-083 3 CHAPTER W-17: “GAME DAMAGE” AND RELEVANT W-0: “GENERAL

PROVISIONS,” W-2: “BIG GAME,” W-3: “FURBEARERS AND SMALL GAME, ECEPT MIGRATORY BIRDS,” AND W-5: “MIGRATORY BIRDS”

OA 17-084 3

RESOLUTION: SUPPORT OF TRANFERING MEDANO RANCH TO GREAT SAND DUNES NATIONAL PARK

OA 17-085 4 DRAFT

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A meeting of the Parks and Wildlife Commission convened at 8:36 am on November 16, 2017 at the Yuma County Community Center in Yuma, CO. Chair

Vice Chair Secretary

John Howard Michelle Zimmerman Robert Bray Marie Haskett Carrie Besnette Hauser Dale Pizel Jim Spehar James Vigil Dean Wingfield Michelle Zimmerman Alex Zipp

Parks and Wildlife Commission Roll Call Attendance for Thursday, November 16th and Friday, November 17th, 2017. November 16, 2017

Bray – Present Haskett – Present Besnette Hauser – Present Howard - Present McDaniel - Present Pizel - Present Spehar - Present Vigil – Absent Wingfield – Present Zimmerman – Present Zipp – Present Randall – Present Brown – Absent Wiseman - Absent

November 17, 2017 Bray – Present Haskett – Present Besnette Hauser – Present Howard - Present McDaniel - Present Pizel - Present Spehar - Present Vigil – Absent Wingfield – Present Zimmerman – Present Zipp – Present Randall – Present Brown – Absent Wiseman - Absent

Director Bob Broscheid and Staff. Others in attendance were: Bill Canterbury, Susanne Roller, Marc Zachary, Greg Ochis, Dan

Gates, Rick Akers, Dick Ray, Gary Mulcher, Morgan Oliver, Richard Thompson, Luis Benetiz, John Sutherland, Chana Reed, Sammy Frazier.

OA-17-078 MINUTES APPROVAL

It was moved by Mr. Bray and seconded by Ms. Zimmerman to approve the minutes of the September 7-8, 2017 Parks and Wildlife Commission Meeting. Motion Carried by Unanimous Voice Vote 9-0. Absent: Pizel, Spehar

CITIZEN PETITION OA 17-079 CHAPTER P-8: “ANS”

It was moved by Mr. Zipp and seconded by Mr. Wingfield to move amend the definition of ‘vessel’ within chapter P-8 to exempt fold-able plastic boats from requiring an ANS inspection as long as no engine is attached.

Motion Carried by Unanimously by Roll-Call Vote 9-0. Absent: Pizel, Spehar

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REGULATIONS OA 17-080 CHAPTER W-1: “FISHING”

It was moved by Mr. Zipp and seconded by Mr. Bray to adopt the changes to Chapter W-1: “Fishing” as proposed by staff. Motion Carried by Unanimously by Roll-Call Vote 9-0. Absent: Pizel, Spehar See Attachment 1.

OA 17-081 CHAPTER W-2: “BIG GAME” AND RELEVANT W-15: “DIVISION AGENTS” AND P-7: “PASSES, PERMITS AND REGISTRATIONS”

It was moved by Mr. McDaniel and seconded by Ms. Zimmerman to approve the changes to Chapter W-2: “Big Game” and relevant provisions of Chapter W-15: “Division Agents” and Chapter P-7: “Passes, Permits and Registrations related to CPI as proposed by staff. Motion Carried by Roll-Call Vote 8-0-1. Abstain: Zipp Absent: Pizel, Spehar See Attachment 2.

OA 17-082 CHAPTER W-3: “FURBEARERS AND SMALL GAME, EXCEPT MIGRATORY BIRDS”

It was moved by Mr. McDaniel and seconded by Mr. Bray to approve the changes to Chapter W-3: “Furbearers and Small game, except Migratory Birds” related to 2018 turkey season dates, quota and method of take as proposed by staff. Motion Carried by Unanimously by Roll-Call Vote 9-0. Absent: Pizel, Spehar See Attachment 3.

OA 17-083 CHAPTER W-8: “FIELD TRIALS AND TRAINING OF HUNTING DOGS”

It was moved by Mr. Wingfield and seconded by Mrs. Hauser to approve the changes to Chapter W-8: “Field Trials and Training Hunting Dogs” as proposed by staff. Motion Carried by Unanimously by Roll-Call Vote 9-0. Absent: Pizel, Spehar See Attachment 4.

OA 17-084 CHAPTER W-17: “GAME DAMAGE” AND RELEVANT W-0: “GENERAL PROVISIONS,” W-2: “BIG GAME,” W-3: “FURBEARERS AND SMALL GAME, ECEPT MIGRATORY BIRDS,” AND W-5: “MIGRATORY BIRDS”

It was moved by Ms. Haskett and seconded by Mr. Bray to adopt the changes to Chapter W-17, W-0, W-2, W-3, and W-5 related to trapping as proposed by staff. Motion Carried by Unanimously by Roll-Call Vote 9-0. Absent: Pizel, Spehar See Attachment 5.

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OA 17-085 RESOLUTION: SUPPORT OF TRANFERING MEDANO RANCH TO GREAT SAND DUNES NATIONAL PARK

It was moved by Ms. Zimmerman and seconded by Mr. Zipp to adopt the Resolution in support of transferring the Medano Ranch to the Great Sand Dunes National Park. Motion Carried by Unanimously by Roll-Call Vote 9-0. Absent: Pizel, Spehar See Attachment 6.

OA 17-086 REAL ESTATE: 16-055: PLATEAU CREEK SWA – ALLEN FAMILY – FEE TITLE ACQUISITION

It was moved by Mr. Vigil and seconded by Mr. Zipp to approve real estate transaction 16-055 – Plateau Creek SWA – Allen Family – Fee Title Acquisition. Motion Carried by Unanimous Voice Vote 9-0. Absent: Pizel, Spehar

OA 17-087 REAL ESTATE: 16-061: ESCALANTE SWA – MIKA AG. FEE TITLE EXCHANGE

It was moved by Mr. Zipp and seconded by Mrs. Hauser and Mr. McDaniel to approve real estate transaction 16-061 – Escalante SWA – Mike Ag. Fee Title Exchange. Motion Carried by Unanimous Voice Vote 9-0. Absent: Pizel, Spehar

OA 17-088 REAL ESTATE: 15-084: AHRA – GRANT PARCEL – FEE TITLE ACQUISTION

It was moved by Mr. Zipp and seconded by Ms. Zimmerman to approve real estate transaction 15-084 – AHRA – Grant Parcel – Fee Title Acquisition. Motion Carried by Unanimous Voice Vote 9-0. Absent: Pizel, Spehar

OA 17-089 2018 NEW OFFICER ELECTIONS

Nominations were presented as follows: Chairman: John Howard Vice-Chair: Michelle Zimmerman Secretary: Jim Vigil It was moved by Mr. Wingfield and seconded by Mr. McDaniel to approve the nominations as proposed by the Commission. Motion Carried by Unanimous Voice Vote 9-0. Absent: Pizel, Spehar

OA 17-090 CONSENT AGENDA

It was moved by Mr. Bray and seconded by Ms. Zimmerman to approve the consent agenda as presented with the expectation that the issue paper for “changing all either-sex muzzleloader and first rifle elk licenses in GMUs 71, 72, 73, 74, 75, 77, 78, 711, 741, 751, and 771 to antlered or anterless licenses” would be on the main agenda for additional discussion at the January, 2018 Parks and Wildlife Commission Meeting.. Motion Carried by Unanimous Voice Vote 8-0. Absent: Haskett, Pizel, Spehar See Attachment 7.

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OA 17-091 EXECUTIVE SESSION – IN

An executive session of the Parks and Wildlife Commission was requested by Assistant Attorney General Nick Lopez pursuant to C.R.S. § 24-6-402(3)(a)(II) of the Colorado Open Meetings Act to allow legal counsel to advise and update the Commission on litigation involving the Commission’s approval of the Piceance Basin and Upper Arkansas predator studies (WildEarth Guardians v. Colorado Parks and Wildlife, Denver District Court, Case No. 17CV30219), and litigation involving a fish kill incident in Yuma County (Colorado Parks and Wildlife v. 5 Star Feedlot, Inc., Case No. 16CV30022). Counsel also provided legal guidance regarding the Commission’s obligations for establishing a representative group for rulemaking under C.R.S. § 24-4-103(2), and advised the Commission on the legal implications of the Midwestern Farm RFP – Public Access Easement acquisition proposed in agenda item 34. It was moved by Mr. Bray and seconded by Mrs. Hauser and Mr. Zipp to recess into Executive Session to discuss pending litigation and other confidential information. Motion Carried by Unanimously by Roll-Call Vote 8-0. Absent: Haskett, Pizel, Spehar

OA 17-092 EXECUTIVE SESSION – OUT

It was moved by Mr. McDaniel and seconded by Mr. Bray to adjourn from Executive Session to regular session. Motion Carried by Unanimously by Roll-Call Vote 8-0. Absent: Haskett, Pizel, Spehar Upon coming back into Regular Session, Assistant Attorney General Nick Lopez reported that he had advised and updated the Commission on litigation on involving the Commission as specified on the agenda. No action was taken or decisions were made.

OA 17-093 REAL-ESTATE: 14-067 – MIDWESTERN FARMS RFP – PUBLIC ACCESS EASEMENT

It was moved by Ms. Zimmerman and seconded by Mr. Zipp to approve real estate transaction 14-067 – Midwestern Farms RFP – Public Access Easement. Motion Rescinded.

OA 17-094 REAL-ESTATE: 14-067 – MIDWESTERN FARMS RFP – PUBLIC ACCESS EASEMENT

It was moved by Mr. McDaniel and seconded by Mr. Wingfield to approve real estate transaction 14-067 – Midwestern Farms RFP – Public Access Easement on the condition that the project will be brought back to the Commission after gaining CDC approval but prior to contract on the transaction being signed. Motion Carried by Roll-Call Vote 7-1. No: Bray Absent: Haskett, Pizel, Spehar

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The Parks and Wildlife Commission meeting adjourned at 11:52 a.m. on Friday,

November 17, 2017.

Respectfully submitted,

________________________, Secretary Michelle Zimmerman Parks and Wildlife Commission

APPROVED: _________________________, Chair John Howard Parks and Wildlife Commission

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FILING – 11/30/2017

FINAL REGULATIONS - CHAPTER W-1 FISHING

ARTICLE I - GENERAL PROVISIONS

#100 – DEFINITIONS See also 33-1-102, C.R.S and Chapter 0 of these regulations for other applicable definitions.

A. "Artificial flies and lures" means devices made entirely of, or a combination of,natural or synthetic non-edible, non-scented (regardless if the scent is added in themanufacturing process or applied afterward), materials such as wood, plastic,silicone, rubber, epoxy, glass, hair, metal, feathers, or fiber, designed to attract fish.This definition does not include anything defined as bait in #100.B below.

B. “Bait” means any hand-moldable material designed to attract fish by the sense oftaste or smell; those devices to which scents or smell attractants have been added orexternally applied (regardless if the scent is added in the manufacturing process orapplied afterward); scented manufactured fish eggs and traditional organic baits,including but not limited to worms, grubs, crickets, leeches, dough baits or stink baits,insects, crayfish, human food, fish, fish parts or fish eggs.

C. "Chumming" means placing fish, parts of fish, or other material upon which fishmight feed in the waters of this state for the purpose of attracting fish to a particulararea in order that they might be taken, but such term shall not include fishing withbaited hooks or live traps.

D. “Game fish” means all species of fish except unregulated species, prohibitednongame, endangered and threatened species, which currently exist or may beintroduced into the state and which are classified as game fish by the Commission.This includes, but is not limited to brown, brook, cutthroat, golden, lake (mackinaw),and rainbow trout; cutbow (rainbow trout x cutthroat trout hybrids), splake (lake troutx brook trout hybrids), and tiger trout (brown trout x brook trout hybrids); arctic char;grayling; kokanee salmon; whitefish; sculpin; smallmouth, largemouth, spotted,striped, and white bass; wipers (striped bass x white bass hybrids); carp; bullhead,blue, channel, and flathead catfish; black and white crappie; drum; northern pike;tiger muskie; sacramento and yellow perch; sauger; saugeye (walleye x saugerhybrids); speckled dace; rainbow smelt; tench; walleye; bluegill; bluegill hybrids(bluegill x green sunfish); green, redear and pumpkin-seed sunfish; gizzard shad;longnose and white suckers; and minnows.

E. “Float tube” means a floating device which suspends a single occupant in the waterfrom the seat down and is not propelled by oars, paddles or motors.

F. "Gig" means a barbed fork with one or more tines which is attached to a handle.

G. "Jugs" means floats to which are attached a line and common hook.

H. "Minnow" means all members of the families of fish classified Cyprinidae (Carp,Chub, Dace, Goldfish, Minnow, Shiner, Stoneroller, and Tench) Cyprinodontidae(Killifish, Topminnow) and Clupeidae (Gizzard Shad), except those designated asnongame, threatened, or endangered in Chapter 10 of these regulations, or thosedesignated as Unregulated Wildlife in Chapter 11 of these regulations.

Attachment 1

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I. "Natural stream" means an existing stream course where water naturally flows regularly or intermittently for at least part of the year. Ditches or other water conveyance channels which are man-made are not considered natural streams.

J. "Net" means seine, dip net, gill net, cast net, trap net, hoop net or similar devices

used to take or as an aid in taking fish, amphibians or crustaceans. K. "Personally attended line" means a rod and line, hand line, or tip up that is used for

fishing and which is under the personal control of a person who is in proximity to it. L. "Common hook" means any hook or multiple hooks having a common shank. All

hooks attached to a manufactured artificial lure shall be considered a common hook. M. "Size" or "Length" means the total length of a fish with head and tail attached

measured from the tip of the snout to the tip of the tail. N. "Seining" means the capture of live fish with the use of a net that hangs vertically in

the water and is used to enclose fish when its ends are pulled together, or are drawn ashore.

O. "Snagging" means the taking of fish by snatching with hooks, gang hooks, artificial

flies or lures, or similar devices where the fish is hooked in a part of the body other than the mouth.

P. "Trotline" means a single, anchored line with a float at each end from which

droplines are attached.

#101 - SEASON DATES AND HOURS

A. Except as otherwise provided in these regulations, all waters of the state shall be open to fishing using all manners of take day and night, year around.

#102 - LICENSE AND STAMP REQUIREMENTS See also 33-6-107 C.R.S. for general fishing license requirements

A. A valid commercial fishing license is required to take or possess bait fish,

amphibians, or crustaceans for commercial purposes.

1. Commercial fishing licenses shall be available from the Division at a cost of forty dollars ($40.00). Applications for licenses are available from the Division. Licenses issued by the Division can be restricted to specific waters, specific bag limits and times designated by the Division on the basis of the following criteria:

a. Negative impacts on sport fishing opportunity. b. Effects of commercial harvest on populations of target species. c. Detrimental effects of transplanting a species outside its current range. d. Presence of threatened or endangered species and species of special

concern.

2. All commercial fishing license holders shall submit an annual report as specified on the commercial fishing license application to the Division within thirty (30) days of the expiration date of the license.

3. All commercial fishing license holders shall be required to provide each

purchaser of live fish with a written receipt stating the seller’s name, the date of sale, the species, and the number sold.

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4. The taking of mollusks listed in Chapter 10 is prohibited.

B. Free fishing dates - The following dates are open to fishing without a license or

Habitat Stamp in all waters of the state: The first full weekend of the month of June.

C. Second rod stamp – Any person may use one additional (second) personally attended line statewide when a second rod stamp is purchased, as identified on the user's fishing license.

1. Any person under 16 years of age who is not required to have a fishing license

must have a second rod stamp with their signature in possession in order to use a second personally attended line.

2 Second rod stamps are not transferable to any other person, nor do they confer

fishing privileges to any person other than the license-holder.

3. A second rod stamp is not required when fishing with a trotline or jugs only.

#103 - MANNER OF TAKE

A. The following are legal methods of take for species listed in this chapter. Any method of take not listed herein shall be prohibited, except as otherwise provided by statute or these regulations:

1. One personally attended line, except as otherwise authorized in these

regulations. a. Each line shall have no more than 3 common hooks attached.

2. Trotlines

a. Trotlines may only be used on waters specified in regulation #108. b. No one may use more than one trotline. c. Trotlines shall be anchored, marked at each end by floats, be no more than

150 feet in length, have no more than 25 droplines, and shall be weighted to place the line a minimum of 3 feet beneath the surface of the water.

d. There shall be no more than 3 barbed hooks on a common hook on each dropline.

e. Trotlines shall be tagged with the user’s customer identification number and date set. If the user does not have a customer identification number, trotlines must be tagged with the user’s name.

f. All trotlines shall be personally checked at least once in each 24-hour period.

3. Jugs

a. Jugs shall only be used only on waters specified in regulation #108. b. No one may use more than 10 jugs, each of which shall not have more than

a single line with one common hook attached. c. Jugs shall be tagged with the user’s customer identification number. If the

user does not have a customer identification number, jugs must be tagged with the user’s name.

d. Jugs shall be personally checked at least once every hour.

4. Underwater spearfishing, archery, slingbows and gigs

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a. Underwater spearfishing, archery, slingbows and gigs may be used statewide for the taking of carp and northern pike, except as otherwise prohibited by these regulations or land management agencies. East of the Continental Divide, gizzard shad, and white or long-nose suckers may also be taken, unless otherwise prohibited in regulation #108. Other game fish species may only be taken when authorized in regulation #108 for a specific water.

b. The following additional restrictions apply to underwater spearfishing: 1. CO2 guns or cartridge-powered spears are prohibited. 2. Guns must be loaded and unloaded while the gun is submerged. 3. Divers must stay within a radius of 100 feet of a float bearing the

National Divers’ Symbol. 4. Spears must be attached by a safety line.

c. Archery and slingbows may be used for the taking of kokanee salmon during times and in locations otherwise open to snagging of salmon, as established in #108 of these regulations.

d. Archery, slingbows and gigs may be used for the taking of bullfrogs. e. The following additional restrictions apply to fishing with archery hand-held

bows and slingbows: 1. All archery hand-held bows and slingbows must have a reel, fishing line

and arrow attached to the bow. 2. All archery hand-held bows must have an arrow safety slide mechanism,

which maintains the fishing line in front of the arrow rest at all times.

5. Snagging a. Snagging shall be used for the taking of kokanee salmon only, and only

where specifically authorized in regulation #108. b. Snagged fish species other than kokanee salmon must be returned to the

water immediately upon catch.

6. Seines and cast-nets a. Seines shall be used only for fish taken in accordance with regulation

#104(H), the gilled form aquatic tiger salamander larvae, and crayfish; or when authorized for emergency salvage.

b. Seines shall be made of one-fourth (1/4) inch or less non-metallic square mesh.

c. Seines shall not exceed 20 feet in length by 4 feet in depth 7. By hand or with the aid of dip nets

a. Bullfrogs, crayfish, and the gilled form aquatic tiger salamander larvae may be taken by hand or with the aid of dip nets.

b. Fish may be taken by hand or with the aid of dip nets or any other method approved by the Director, when emergency public salvage of fish has been approved in accordance with regulation #104(G).

c. Hand held dip nets may be used for fish taken in accordance with regulation #104(H).

8. Livetraps

a. Cage or box traps, including set pots, shall be used only for the taking of crayfish, snapping turtles, and fish taken in accordance with regulation #104(H). All cage or box traps, including set pots, shall be tagged with the user’s customer identification number. If the user does not have a customer identification number, traps must be tagged with the user’s name.

9. Artificial light

a. Artificial light may be used as an aid in taking.

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10. Bait

a. Bait may be used as an aid in taking, except by chumming, in accordance with regulation #104(H).

#104 - SPECIAL CONDITIONS AND RESTRICTIONS

A. Any fish released upon catch must be released alive and into the same body of water

from which it was taken. Transfer or transport of live fish is prohibited, except as otherwise permitted in the provisions of Article VII, #010 and Article I #104(H).

B. When fishing through the ice, the following additional restrictions apply:

1. Ice fishing holes shall not exceed 10 inches in diameter, or 10 inches on any

side. 2. All fires on the ice must be enclosed in a container. 3. No litter may be left on the ice. 4. On waters where only portable shelters are permitted, all ice fishing shelters

must be removed from the ice at the end of the day. 5. On waters where permanent ice fishing shelters are permitted; the name and

customer identification number of the owner or user must be displayed on the outside, shore side, of the shelter, in legible, contrasting color letters at least 2 inches high.

C. Only those persons designated by the United States Fish and Wildlife Service may

take fish, amphibians, mollusks or crustaceans within the boundaries of any Federal fish hatchery or rearing unit.

D. Molesting, disturbing, or damaging gill nets, traps, or seines set by the Division is

prohibited. E. Fishing may be prohibited as posted pending the adoption of water-specific

regulations when necessary to:

1. Protect threatened or endangered species. 2. Protect spawning areas. 3. Protect waters being used in Division research projects. 4. Protect newly acquired access to fishing waters. 5. Protect the integrity of sport fish, native fish or other aquatic wildlife populations.

F. Emergency Closure of Fishing Waters

1. The Director may authorize emergency closure of fishing waters in the state for a period of up to 9 months when it is determined that environmental conditions in these waters are such that fishing could result in unacceptable levels of fish mortality. Such closures may be enacted when any one of the following criteria are met:

a. Daily maximum water temperatures exceed 74 º F or the daily average

temperature exceeds 72º F; b. Measured stream flows are 25 % or less of the historical average low flow for

the time period in question; c. Fish condition is deteriorating such that fungus and other visible signs of

deterioration may be present; d. Daily minimum dissolved oxygen levels are below five (5) parts per million

(ppm).

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e. When a natural or man-caused environmental event such as wildfire, mudslides, oil spills or other similar event has occurred, resulting in the need for recovery time or remedial action for a fish population

When such determination has been made; public notice will be given, including posting at the site.

G. Emergency Public Salvage of fish

1. The Director may authorize emergency public salvage when substantial numbers

of fish in waters of the state are found to be in imminent danger of being lost. Such loss is deemed to be imminent when the volume and depth of water, water temperature and/or oxygen content are such that fish cannot survive. Measurements shall be made of these criteria as a basis for making a judgment on the total loss of fish and when such loss will occur, and will include:

a. Water storage levels in lakes, reservoirs, or ponds of less than twenty-five

(25) percent of total capacity or, b. River or stream flow essentially eliminated with only pools left standing or, c. Visual evidence of substantial numbers of sick or dying fish, or d. Reclamation projects.

2. When such determination has been made; public notice will be given, including

posting at the site, that fish may be taken by hand or by dip net, or any other method authorized by the Director. When practical the Director shall exercise this authority within fourteen (14) days of receipt of the information or at such earlier time as the emergency necessitates.

3. Numbers of fish to be salvaged and possessed by an individual shall be

determined by Division personnel at the site. 4. Emergency salvage shall be permitted only during daylight hours.

H. Take, Possession and Use of Fish, Amphibians, and Crustaceans for bait, personal or commercial use

1. The seining, netting, trapping, and dipping of fish is prohibited statewide in all

natural streams, springs, all waters in Adams, Arapahoe, Boulder, Broomfield, Clear Creek, Denver, Douglas, Gilpin, Elbert, Jefferson, and Park counties, and all public standing waters in Rio Grande, Saguache, Conejos, Costilla, Alamosa, Mineral and Hinsdale counties in the Rio Grande drainage.

a. Fish handled or produced on commercially licensed aquaculture facilities are

exempt from this regulation.

2. The only fish species allowed to be taken and used for consumption or personal use as bait (either alive or dead) by fishing, seining, netting, trapping, or dipping are minnows, bluegill, hybrid bluegill, carp, sunfish, gizzard shad, sculpin, white and longnose suckers, yellow perch and rainbow smelt. Statewide bag limits apply to sunfish, bluegill, hybrid bluegills and yellow perch.

a. Restrictions on Live Fish Used as Bait.

1. The collection, use, or possession of live fish for use as bait is prohibited

in the following waters: aa. All waters east of the Continental Divide above 7,000 feet elevation

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bb. The Arkansas River above Parkdale – Fremont and Chaffee counties cc. Watson Lake - Larimer County dd. All waters west of the Continental Divide, except in Navajo

Reservoir.

2. Except as otherwise provided by these regulations, live fish collected for use as bait may only be used in the same body of water from which they were collected. In addition, collection and use is allowed in any man-made ditches and canals within one-half mile of the adjoining lake or reservoir. Use of any baitfish collected in those ditches and canals is restricted to only the water from which it was collected and the adjoining lake or reservoir. Baitfish collected under this provision may not be otherwise transported or stored for later use.

3. In Baca, Bent, Crowley, Kiowa, Otero and Prowers Counties, live fish

collected for personal use as bait may be transported, stored or used anywhere within the listed counties. Transportation to or use of any such baitfish in any other county is prohibited,

4. All live baitfish acquired from a commercial source and transported by

anglers must at all times be accompanied by a receipt from the source. 3. The only fish species allowed to be taken for commercial use are minnows,

gizzard shad, white and longnose suckers and carp. 4. Bullfrogs and Salamanders. The taking, possession and use of bullfrogs and the

aquatic gilled form of the tiger salamander for private and commercial use is permitted. Statewide bag limits apply.

5. Crustaceans.

a. The taking, possession and use of any crustacean under the authority of a commercial fishing license is subject to the following restrictions: 1. The minimum size for crayfish taken for commercial food purposes shall

be three (3) inches. (Measured from the tip of the acumen (bony spike between the eye) to the telson (last bony plate in the tail)).

2. All crayfish taken with eggs attached must be returned to the water immediately.

3. All set pots and traps shall be labeled with the user’s customer identification number. If the user does not have a customer identification number, all set pots and traps must be labeled with the user’s name.

b. In all waters west of the Continental Divide - All crayfish must be returned to

the water of origin immediately or killed and taken into possession immediately upon catch with kill being effected by separating the abdomen from the cephalothorax (tail from body).

6. Mollusks. The taking of mollusks for personal or commercial use as bait is

prohibited.

#105 – VACANT

#106 - FISHING CONTESTS AND RELEASE OF TAGGED FISH

A. Fishing Contests using tagged or marked released fish

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1. No person shall advertise, promote, conduct or offer to conduct any fishing contest where the object of such contest is to take marked or tagged fish released in any waters open to public fishing, except licensed commercial and private lakes, or release marked or tagged fish for this purpose, unless such contest is first approved by the Director.

a. Application shall be made on a form provided by the Division at least sixty

(60) days prior to the proposed contest date. Such application shall be accompanied by a nonrefundable fee of forty dollars ($40.00).

b. Approval shall be granted to any person meeting the requirements of this

regulation unless the Director determines the proposed contest would be significantly detrimental to the wildlife resource. In such cases, approval may be granted if conditions can be placed on the conduct of the contest which will avoid such detrimental effects. When an application for a contest is denied the applicant shall be promptly notified with a written notice stating the reason(s) for such denial.

2. Contests involving tagged or marked trout will be permitted only on lakes and

reservoirs greater than 200 surface acres and managed primarily as a catchable fishery by Colorado Parks and Wildlife. "Catchable fishery" means any lake or reservoir which is annually stocked with hatchery reared trout averaging eight (8) to ten (10) inches in length.

3. No tagged or marked fish contest shall be permitted on any stream, river or other

flowing water or any water designated as a Gold Medal or Wild Trout water. 4 Written approval shall be obtained from the person(s) or agency(s) who owns or

controls the land and water area involved prior to making application to the Division

5. All statutes and regulations including license provisions, manner of taking, size

restrictions and daily bag and possession limits for fish shall remain in effect during any contest.

6 Any public fishing area shall remain open to public fishing without charge,

regardless of any special contest fee or changes, during a fishing contest. 7. All fish obtained for use in any contest shall be certified disease free in

accordance with #009, prior to release. 8. Contest sponsor(s) shall provide a written report to the appropriate Parks and

Wildlife office within twenty (20) days of the close of such contest. Said report shall include an estimate of the number of participants, the average time spent by participants in fishing and the estimated total fish catch by species.

DRAFT

#107 - STATEWIDE DAILY BAG AND POSSESSION LIMITS AND SPECIAL SEASONS

A. Daily Bag, Possession Limits and size limits: 1. Daily bag and possession limits – except as otherwise provided in these regulations for certain waters, the daily bag and possession limits will be as follows:

Species

Daily Bag and Possession Limit

(except as otherwise noted)

Special Conditions

a. Trout (Brook, Brown, Cutbow, Cutthroat, Golden, Lake, Rainbow, Splake, and Tiger; Arctic Char, Salmon (except kokanee), and Grayling:

Daily Bag: 4 fish in the aggregate Possession Limit: 8 fish in the aggregate

Brook Trout - additional daily bag and possession limit: 10 fish, 8 inches or less in length

b. Kokanee salmon: 10 fish

c. Walleye, Saugeye, Sauger: 5 fish in the aggregate

Arkansas and South Fork of the Republican River drainages - bag and possession limit: 10 fish in the aggregate

d. Largemouth Bass, Spotted Bass, and Smallmouth Bass: 5 fish in the aggregate

West of the Continental Divide- for Smallmouth Bass only: Unlimited bag and possession limit.

e. White Bass, Striped Bass, Wiper: 10 fish in the aggregate

Arkansas and South Fork of the Republican River drainages - bag and possession limit: 20 fish in the aggregate

f. Channel Catfish, Blue Catfish, Flathead Catfish: 10 fish in the aggregate

g. White Crappie, Black Crappie: 20 fish in the aggregate h. Bluegill, Hybrid Bluegill, Green Sunfish, Redear Sunfish, Pumpkinseed Sunfish:

20 fish in the aggregate

i. Yellow Perch: 20 fish West of the Continental Divide: Unlimited

j. Tiger Muskie: 1 fish, at least 36 inches in length k. Northern Pike, Whitefish, Bullhead: Unlimited

l. Speckled Dace, and Sculpin: Unlimited West of the Continental Divide - bag and possession limit: 20 fish in the aggregate

m. Bullfrogs Unlimited n. Crayfish (crawdads) Unlimited o. Aquatic Tiger Salamander larvae (gilled form) 50, less than 5 inches in length

2. Any fish caught and placed on a stringer, in a container or in a live well, or not

returned to the water immediately, will be counted as part of the established daily bag or possession limit. Any fish taken and subsequently smoked, canned, frozen or otherwise preserved for consumption is considered part of the established possession limit until it is consumed.

DRAFT

3. There are no daily bag or possession limits for game species not specifically listed.

ARTICLE II - SPECIAL REGULATION WATERS

#108 – Special Daily Bag and Possession Limits, Size Restrictions, and Other Water-Specific Provisions

A. Various cutthroat waters, specifically those considered Cutthroat Conservation and

Recreation waters, are protected throughout the state as listed below. In those waters:

1. Fishing is by artificial flies and lures only. All cutthroat trout must be returned to

the water immediately upon catch.

Note: This is to accommodate the growing number of cutthroat trout streams and lakes that are being included in conservation and recovery actions according to management plans.

B. In place of or in addition to regulations # 101, 103, 104, 105, 106, 107 (bag and

possession limits, manner of take, fishing dates, fishing hours, special conditions and restrictions, or other fishing activities), and 108 A, the following regulations apply to the named waters:

Note: Additional conditions and restrictions for state wildlife areas are found in Chapter 9

1. Abrams Creek - Eagle County

a. Fishing is by artificial flies and lures only. b. All cutthroat trout must be returned to the water immediately upon catch.

2. Adams County Fairgrounds Lakes (Public Works and Mann-Nyholt

Lakes) - Adams County

a. The minimum size for largemouth and smallmouth bass is 15 inches in length.

3. Adobe Creek Reservoir (Blue Lake) - Bent and Kiowa Counties

a. Trotlines and jugs are permitted.

4. Agnes Lakes (Upper and Lower Lakes) - Jackson County

a. Fishing is by artificial flies and lures only. b. The bag and possession limit for trout is two fish.

5. Akron City Lake - Washington County

a. The minimum size for largemouth and smallmouth bass is 15 inches in

length.

6. Alberta Park Reservoir - Mineral County


DRAFT

7. American Lakes (Snow and Michigan Lakes) - Jackson County.


8. Animas River - La Plata County

a. From the confluence with Lightner Creek to the Rivera Crossing Bridge:

1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for trout is two fish,

16 inches in length. b. From the confluence with Hermosa Creek downstream to the state line:

1. There is no bag or possession limit for channel catfish, largemouth bass, smallmouth bass, northern pike, walleye, green sunfish, bluegill, bullhead, yellow perch or crappie.

9. Antelope Creek, West - Gunnison County


10. Antero Reservoir - Park County

a. Ice fishing shelters must be portable. b. The bag and possession limit for trout is two fish.

11. Apache Creek, North and South Forks - Huerfano County

a. From the headwaters downstream to the US Forest Service boundary: 1. Fishing is prohibited.

12. Arapahoe Bend Natural Area (Bass, Beaver, Cormorant, and Snapper

Ponds) - Larimer County


13. Arapaho Creek - Grand County

a. From Monarch Lake downstream to USFS 125: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

14. Archuleta Creek - Saguache County

a. On that portion within the Cochetopa State Wildlife Area (Snyder Ranch)

downstream from Dome Lakes State Wildlife Area: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

15. Arkansas River - Chaffee, Fremont, Lake and Pueblo Counties

a. From the US 24 river overpass downstream to the lower boundary of the

Hayden Ranch, as posted: 1. Fishing is by artificial flies and lures only.

DRAFT

2. The bag and possession limit and maximum size for trout is one fish, 12 inches in length.

b. From the Stockyard Bridge (Chaffee Co Rd 102) below Salida downstream 7 ½ miles to the confluence with Badger Creek: 1. Fishing is by artificial flies and lures only. 2. All rainbow trout and cutbows must be returned to the water

immediately upon catch. c. Within the Pueblo Reservoir State Wildlife Area:

1. The bag and possession limit and minimum size for walleye and saugeye is five fish in the aggregate, 18 inches in length.

2. No more than one walleye or saugeye in the aggregate greater than 21 inches in length may be taken per day.

d. From the bridge at Valco Ponds downstream to Pueblo Boulevard (except at the Pueblo Nature Center as posted): 1. Fishing is by artificial flies and lures only. 2. All trout 16 inches in length or greater must be returned to the water

immediately upon catch.

16. Arkansas River, Middle Fork of the South Arkansas - Chaffee County

a. From the headwaters downstream to Boss Lake: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch.

17. Augustora Creek - Archuleta County


18. Aurora (Senac) Reservoir - Arapahoe County

a. The bag and possession limit for trout is two fish. b. The minimum size for largemouth and smallmouth bass is 15 inches in

length. c. The minimum size for walleye is 18 inches in length. d. No more than one walleye or saugeye in the aggregate greater than 21

inches in length may be taken per day.

19. Bard Creek - Clear Creek County


20. Barker Reservoir - Boulder County

a. Ice fishing is prohibited. b. Snagging of kokanee salmon is permitted from October 1 through

December 1.

21. Barr Lake - Adams County a. The minimum size for walleye and saugeye is 15 inches in length. b. No more than one walleye or saugeye in the aggregate greater than 21


DRAFT

22. Bear Creek - Conejos County

a. From the headwaters downstream to the confluence with the Conejos River: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

23. Bear Creek - El Paso County

a. From the headwaters downstream to Gold Camp Road: 1. Fishing is prohibited

24. Bear Creek - Jefferson County

a. From the base of Evergreen Lake dam downstream to Bear Creek Reservoir: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout (except rainbow trout and

cutbows) is two fish. 3. All rainbow trout and cutbows must be returned to the water

immediately upon catch. 25. Bear Creek - Montezuma County

a. From the headwaters downstream to the confluence with the Dolores River: 1 Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

26. Bear Creek Reservoir - Jefferson County

a. The minimum size for walleye and saugeye is 15 inches in length. b. No more than one walleye or saugeye in the aggregate greater than 21

inches in length may be taken per day. 27. Bear River - Garfield and Routt Counties

a. The bag limit for whitefish is four fish. b. The possession limit for whitefish is eight fish.

28. Beaver Creek - Garfield County


29. Beaver Creek - Gunnison County


30. Beaver Creek - Mineral County


31. Beaver Creek Reservoir - Rio Grande County

DRAFT

a. Snagging of kokanee salmon is permitted from October 1 through

December 31. 32. Beaver Creek, West - Gunnison County


33. Beswick Pond- Mesa County

a. Fishing is prohibited.

34. Big Bend Creek - La Plata County


35. Big Creek Lake (Lower) - Jackson County

a. The bag and possession limit for lake trout and/or splake is three fish, only one of which may be greater than 26 inches in length.

36. Big Hole Creek - Eagle County


37. Big Lake - Conejos County


38. Big Thompson Ponds - Larimer County

a. The bag and possession limit and minimum size for largemouth and smallmouth bass is one fish in the aggregate, 15 inches in length.

39. Big Thompson River - Larimer County

a. From the base of Olympus Dam at Lake Estes downstream to the bridge at Waltonia: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

40. Black Canyon - San Juan County


41. Black Hollow Creek - Larimer County


42. Blanca Wildlife Habitat Area (BLM Ponds) - Alamosa County

DRAFT

a. The minimum size for largemouth bass is 15 inches in length. b. Fishing is prohibited from February 15 through July 15.

43. Blue Mesa Reservoir - Gunnison County

a. Ice fishing shelters must be portable. b. There is no bag or possession limit for lake trout. c. No more than one lake trout greater than 32 inches in length may be

taken per day. d. Snagging of kokanee salmon is permitted from November 1 through

December 31. e. The bag limit for kokanee salmon is 5 fish. f. The possession limit for kokanee salmon is 10 fish.

44. Blue River - Grand and Summit Counties

a. From the north inlet at Summit Co Rd 3 (Coyne Valley Rd. 3 miles north

of Breckenridge) downstream to Dillon Reservoir: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for trout is two fish,

16 inches in length. b. From Dillon Dam downstream to the north city limits of the town of

Silverthorne: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

c. From the north city limits of the town of Silverthorne downstream to the Colo 9 bridge over the Blue River at Blue River State Wildlife Area: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for trout is two fish,

16 inches in length. d. From the Colo 9 bridge over the Blue River at Blue River State Wildlife

Area downstream to the Green Mountain Reservoir inlet: 1. Snagging of kokanee salmon is permitted from September 1 through

December 31. e. From Green Mountain Reservoir dam downstream to the Colorado River:

1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

45. Bobtail Creek - Grand County

a. From the headwaters downstream to the Denver Water Board Diversion: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch. 46. Bonny Reservoir - Yuma County

a. There is no bag or possession limit for any game fish species. b. Trotlines and jugs are allowed.

47. Boss Lake - Chaffee County


48. Boulder Creek - Boulder County

DRAFT

a. From the upper end of Eben Fine Park (within the City Limits of Boulder)

downstream to 55th St: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

49. Boyd Lake - Larimer County


b. The minimum size for walleye and saugeye is 15 inches in length. c. No more than one walleye or saugeye in the aggregate greater than 21


50. Brush Creek - Eagle County

a. From the confluence with the Eagle River upstream for 2.5 miles: 1. The bag and possession limit for trout is two fish.

51. Brush Creek, West - Eagle County

a. In the Sylvan Lake inlet and upstream for ½ mile:

1. Fishing is prohibited from September 1 through November 30. 52. Brush Hollow Reservoir - Fremont County

a. The minimum size for largemouth, smallmouth, and spotted bass is 15 inches in length.

53. Bull Basin Reservoir #1 - Mesa County

a. Fishing is by artificial flies and lures only. b. The bag and possession limit and minimum size for trout is two fish, 16

inches in length. 54. Bull Creek Reservoirs #1 and #2 and Connecting Channels - Mesa

County


inches in length.

55. Burgess Creek - Garfield and Routt Counties


56. Button Rock (Ralph Price) Reservoir - Boulder County

a. Fishing is by artificial flies and lures only. b. The bag and possession limit for trout is two fish. c. Fishing is prohibited from November 1 through April 30.

57. Cabin Creek - Garfield County

a. From Trappers Lake upstream for ½ mile:

DRAFT

1. Fishing is prohibited. 58. Canyon Creek - Garfield County

a. From the north side of the I-70 Bridge downstream to the confluence with the Colorado River: 1. Fishing is prohibited from March 15 through May 15 and from

October 1 through November 30.

59. Carnero Creek, Middle - Saguache County


60. Carnero Creek, North - Saguache County


61. Carnero Creek, South - Saguache County


62. Carter Creek - Grand County


63. Carter Lake - Larimer County

a. The bag limit and maximum size for walleye is three fish 21 inches in length.

b. The possession limit for walleye is five fish. c. It is unlawful to possess filleted or cleaned fish in a boat on the lake.

64. Cascade Creek - Conejos County


65. Cascade Creek - Huerfano County


66. Castle Creek - La Plata County


67. Cat Creek - Rio Grande and Conejos Counties


DRAFT

68. Cat Creek, North Fork - Rio Grande County


69. Cat Creek, South Fork - Rio Grande County


70. Cataract Creek - Summit County a. Fishing is by artificial flies and lures only. b. All cutthroat trout must be returned to the water immediately upon catch.

71. Cerro Summit (Montrose) Reservoir - Montrose County

a. Fishing is prohibited from December 1 to February 28. b. Fishing access is restricted to the parking lot, the trail and up to 50 feet

from the water line from March 1 through August 15. c. Fishing is by artificial flies and lures only. d. All fish must be returned to the water immediately upon catch. e. Ice fishing is prohibited.

72. Chalk Creek - Chaffee County

a. Within Wright’s Lake State Wildlife Area:

1. Fishing is by artificial flies and lures only. 73. Chartier Pond - Morgan County


74. Chatfield Reservoir and Chatfield State Park - Jefferson and Douglas

Counties

a. Within Chatfield State Park, including the South Platte River and all ponds within the park boundary: 1. The bag limit and minimum size for walleye is three fish, 18 inches in

length. 2. No more than one walleye greater than 21 inches in length may be

taken per day. 3. The minimum size for largemouth and smallmouth bass is 15 inches

in length. 4. Fishing is prohibited from the dam and within 100 feet of the dam or

walleye spawning operation nets, from March 15 through April 15, or until walleye spawning operations are completed.

75. Cheesman Reservoir - Douglas and Jefferson Counties

a. Fishing is prohibited from October 1 through April 30. b. Fishing is prohibited from ½ hour after sunset until ½ hour before

sunrise. c. Fishing is prohibited on the dam and around the reservoir as posted.

DRAFT

d. Snagging of kokanee salmon is permitted from September 1 through September 30.

e. Ice fishing is prohibited. 76. Cherry Creek Reservoir - Arapahoe County

a. The bag limit and minimum size for walleye is three fish, 18 inches in length.

b. No more than one walleye greater than 21 inches in length may be taken per day.

c. The minimum size for largemouth and smallmouth bass is 15 inches in length.

d. Fishing is prohibited from the dam and within 100 feet of the dam or walleye spawning operation nets, from March 15 through April 15, or until walleye spawning operations are completed.

77. Cheyenne Creek, North - El Paso and Teller Counties

a. From the headwaters downstream to Gold Camp Rd:

1. Fishing is prohibited. 78. Cimarron River - Montrose County

a. Snagging of kokanee salmon is permitted from November 1 through December 31.

79. Clear Creek - Chaffee County

a. From the gauging station (approximately ½ mile above Clear Creek Reservoir) downstream to Clear Creek Reservoir: 1. Snagging of kokanee salmon is permitted from October 1 through

December 31.

80. Clear Creek - La Plata County


81. Clear Creek Holding Ponds - Adams County

a. Fishing is prohibited, except for youth participating in Division angler

education activities.

82. Clear Creek Reservoir - Chaffee County

a. Snagging of kokanee salmon is permitted from October 1 through December 31.

83. Clear Lake - Jackson County


84. Clinton Reservoir - Summit County

a. The bag and possession limit for trout is two fish.

DRAFT

85. Cochetopa Creek - Saguache County

a. On that portion within the Cochetopa State Wildlife Area (Snyder Ranch): 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

86. Colorado River - Garfield, Eagle, Grand, and Mesa Counties

a. From Lake Granby Dam downstream to the US 40 bridge approximately 3 miles west of Hot Sulphur Springs: 1. The bag and possession limit for trout is two fish.

b. From the US 40 bridge, approximately three miles west of Hot Sulphur Springs downstream to the confluence with Troublesome Creek (approximately 5 miles east of Kremmling): 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

c. From the confluence of Williams Fork River downstream to the state line: 1. There is no bag or possession limit for channel catfish, largemouth

bass, smallmouth bass, northern pike, walleye, green sunfish, bluegill, bullhead, yellow perch or crappie.

d. From the confluence with Troublesome Creek downstream to the I-70 Exit 90 bridge at Rifle (excluding 50 yards upstream and downstream of the confluences with Canyon, Grizzly and No Name Creeks): 1. The bag and possession limit for trout is two fish.

e. 50 yards upstream and downstream of the confluences with Canyon, Grizzly and No Name Creeks: 1. The bag and possession limit for trout is two fish. 2. Fishing is prohibited from March 15 through May 15 and from

October 1 through November 30. 87. Colorado River, (North Fork) including Shadow Mountain Spillway -

Grand County

a. From Shadow Mountain Dam spillway to Lake Granby, including Columbine Bay to the Twin Creek inlet: 1. Fishing is prohibited from October 1 through December 31.

88. Como Creek - Boulder County

a. From the headwaters downstream to the confluence with North Boulder Creek: 1. Fishing is prohibited.

89. Conejos River - Conejos County

a. From the lower bridge at the town of Platoro downstream to the confluence with the South Fork of the Conejos River: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for trout is two fish,

16 inches in length. b. From Menkhaven Resort downstream to the upper boundary of Aspen

Glade Campground: 1. Fishing is by artificial flies only. 2. The bag and possession limit and minimum size for trout is two fish,

16 inches in length.

DRAFT

90. Conejos River, Lake Fork - Conejos County

a. From the headwaters including Big Lake, downstream to and including Rock Lake and its outlet: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch. 91. Connected Lake - Mesa County

a. The bag and possession limit and minimum size for largemouth bass is two fish, 18 inches in length.

92. Cooper Lake - Hinsdale County


93. Cornelius Creek - Larimer County


94. Corral Creek - San Juan County


95. Corral Creek - Summit County


96. Cottonwood Creek, Little - Moffat County

a. From Freeman Reservoir upstream for ¼ mile: 1. Fishing is prohibited from January 1 through July 31.

97. Crawford Reservoir - Delta County

a. The bag and possession limit and minimum size for largemouth bass is one fish, 18 inches in length.

b. There is no bag or possession limit on yellow perch. c. From the fence on top of the Crawford Reservoir dam downstream to the

north boundary fence: 1. Fishing in the spillway, the stilling basin and the outlet canal is

prohibited. 98. Crosho Reservoir - Rio Blanco County

a. The bag and possession limit and minimum size for grayling is two fish, 16 inches in length.

99. Crystal Lake - Lake County

DRAFT

a. Fishing is by artificial flies and lures only. 100. Crystal Reservoir - Montrose County

a. Snagging of kokanee salmon is permitted from September 1 through December 31.

101. Culebra Creek - Costilla County

a. From the Colo 159 bridge downstream approximately 3 miles to the Jaquez Bridge: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

102. Cunningham Creek - Pitkin County


103. Daigre Lake - Huerfano County

a. Fishing is by artificial flies and lures only. b. Ice fishing is prohibited.

104. Deadman Gulch - Routt County


105. Deep Creek - La Plata County

a. From the headwaters downstream to the USFS boundary: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch. 106. Deep Creek - San Miguel County


107. Deer Beaver Creek - Saguache County


108. Delaney Butte Lakes (North, South, and East) - Jackson County

a. Fishing is by artificial flies and lures only. Scented flies or scented lures may be used on this water if they are 1.5 inches or longer.

b. The bag and possession limit for trout is two fish. c. All brown trout between 14 and 20 inches in length must be returned to

the water immediately upon catch. d. All rainbow trout, cutthroat trout and cutbows between 18 and 22 inches

in length must be returned to the water immediately upon catch. e. North Delaney Butte Lake:

DRAFT

1. Fishing is prohibited from the dam and within 100 feet of the dam from September 15 through November 15.

2. Fishing is prohibited in the inlet, upstream of the standing water line. f. South Delaney Butte Lake:

1. Fishing is prohibited in the inlet, upstream of the standing water line. 109. DePoorter Lake - Sedgwick County


110. Dillon Reservoir - Summit County

a. All Arctic char under 20 inches in length must be returned to the water immediately upon catch.

b. The bag and possession limit and minimum size for Arctic char is one fish, 20 inches in length.

111. Divide Creek, West - Garfield County

a. From the headwaters downstream to the confluence with Brook Creek: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch. 112. Dixon Lake - Larimer County


113. Dolores River - Dolores, Montezuma, Montrose, Mesa and San Miguel

Counties

a. From the confluence with the West Fork of the Dolores River downstream to the standing water line of McPhee Reservoir: 1. The taking of kokanee salmon is prohibited, except from November

15 through December 31, when snagging is permitted. b. From McPhee Dam downstream approximately 11 miles to the Bradfield

Bridge: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

c. From the McPhee Dam downstream to the state line: 1. There is no bag or possession limit for channel catfish, largemouth


d. From the Bradfield Bridge downstream to the Utah state line: 1. There is no bag or possession limit for brown trout.

114. Doty Park Lake - Morgan County


115. Doug Creek - Montrose County

a. Fishing is by artificial flies and lures only.

DRAFT

b. All cutthroat trout must be returned to the water immediately upon catch. 116. Duke Lake - Mesa County


117. Eagle River - Eagle County

a. From the confluence of the East Fork and the South Fork downstream to the confluence with the Colorado River: 1. The bag and possession limit for trout is two fish.

b. From the I-70 Exit 147 bridge in the Town of Eagle downstream to the confluence with the Colorado River: 1. There is no bag or possession limit for channel catfish, largemouth


118. East Pass Creek - Saguache


119. East River - Gunnison County

a. From the upstream property boundary at the Roaring Judy Fish Hatchery downstream to the confluence with the Taylor River: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and maximum size for trout is two fish,

12 inches in length. 3. The taking of kokanee salmon is prohibited.

b. From the Roaring Judy Fish Hatchery outlet downstream to the Roaring Judy property boundary: 1. Fishing is prohibited from August 1 through October 31.

120. Echo Canyon Reservoir - Archuleta County

a. All largemouth bass between 12 and 15 inches in length must be returned to the water immediately upon catch.

121. Elaine T. Valente Open Space Lakes, North Lake - Adams County

a. Fishing is by artificial flies and lures only. Scented flies or scented lures

may be used on this water if they are 1.5 inches or longer. b. All fish must be returned to the water immediately upon catch.

122. Eleven Mile Reservoir - Park County

a. Ice fishing shelters must be portable. b. The bag and possession limit for trout is four fish, only two of which may

be greater than 16 inches in length. c. There is no bag or possession limit on yellow perch.

123. Elk Creek - San Miguel County


DRAFT

b. All cutthroat trout must be returned to the water immediately upon catch.

124. Elk River - Routt County


125. Elk River (North, South and Middle Forks) - Routt County


126. Elkhead Reservoir - Moffat and Routt Counties

a. The bag and possession limit and minimum size for largemouth bass is

two fish, 15 inches in length. b. The bag and possession limit for crappie is ten fish.

127. Emerald Lakes (Big and Little) - Hinsdale County

a. Fishing is by artificial flies and lures only. b. The bag and possession limit and maximum size for trout is two fish, 14

inches in length. c. In the Lake Creek inlet for ½ mile above Big Emerald Lake:

1. Fishing is prohibited from January 1 through July 15.

128. Erie Lake – Boulder County a. All largemouth and smallmouth bass must be returned to the water

immediately upon catch. 129. Evans City Lake (Riverside Park) - Weld County


length.

130. Fall Creek – Mineral County a. From the headwaters downstream to Wolf Creek:

1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch.

131. Fall Creek - San Miguel County

a. From the headwaters downstream to Woods Lake: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch. 132. Fawn Creek - Rio Blanco County


133. Fish Creek - Routt County

DRAFT


134. Florida River - La Plata County

a. From the headwaters downstream to Lemon Reservoir:

1. Snagging of kokanee salmon is permitted from September 1 through December 31.

b. From the US 160 bridge east of Durango downstream to the confluence with the Animas River: 1. There is no bag or possession limit for channel catfish, largemouth


135. Forbes Park Lake - Costilla County

a. Fishing is by artificial flies and lures only. b. All trout must be returned to the water immediately upon catch.

136. Fort Morgan Ponds - Morgan County


length.

137. Fourmile Creek - Garfield County

a. From the confluence with the Roaring Fork River upstream for ½ mile: 1. Fishing is prohibited from March 15 through May 15 and from


138. Frank Easement Ponds - Weld County


139. Fraser Creek - Garfield County

a. From Trappers Lake upstream for ½ mile:

1. Fishing is prohibited.

140. Fraser River - Grand County

a. From the headwaters downstream to the confluence with St. Louis Creek: 1. Fishing is by artificial flies and lures only. 2. All rainbow trout must be returned to the water immediately upon

catch. b. From the confluence with St. Louis Creek downstream to the Colorado

River: 1. The bag and possession limit for trout is two fish.

141. Freeman Reservoir - Moffat County

a. Within 50 yards on either side of the inlet and upstream for ¼ mile:

1. Fishing is prohibited from January 1 through July 31.

DRAFT

142. French Gulch - Summit County


143. Frey Gulch - Summit County


144. Fryingpan Lakes #2 and #3 - Pitkin County


145. Fryingpan River - Eagle and Pitkin Counties

a. From Ruedi Dam downstream to the confluence with the Roaring Fork River, approximately 14 miles: 1. Fishing is by artificial flies and lures only. 2. All trout (except brown trout) must be returned to the water

immediately upon catch. 3. The bag and possession limit and maximum size for brown trout is

two fish, 14 inches in length. 146. George Creek - Larimer County


147. Goat Creek - San Miguel County


148. Golden Park Ponds - Boulder County

a. On Golden Park Ponds #3:

1. The bag and possession limit and minimum size for largemouth and smallmouth bass is one fish in the aggregate, 15 inches in length.

b. On Golden Park Ponds #1 and #2: 1. Fishing is by artificial flies and lures only. 2. Scented flies or lures must be 1.5 inches or longer. 3. All largemouth and smallmouth bass must be returned to the water

immediately upon catch. 4. Possession of largemouth or smallmouth bass while fishing Golden

Park Ponds #1 or #2 is prohibited.

149. Gore Creek - Eagle County

a. From the confluence with Red Sandstone Creek downstream to the confluence with the Eagle River: 1. Fishing by artificial flies and lures only. 2. The bag and possession limit and minimum size for trout is two fish,


DRAFT

150. Grand Lake - Grand County

a. The bag and possession limit for lake trout is four fish, only one of which

may be greater than 36 inches in length. All lake trout between 26 and 36 inches in length must be released immediately upon catch.

b. Ice fishing shelters must be portable. c. Gaffs and tail snares are prohibited.

151. Grandview Ponds - Adams County


152. Graneros Creek - Pueblo County

a. From the headwaters downstream to the US Forest Service Boundary:

1. Fishing is prohibited. 153. Grassy Creek - San Juan County


154. Green Creek, Little - Grand and Routt County


155. Green Mountain Reservoir - Summit County


b. The bag and possession limit for lake trout is eight fish. 156. Green River - Moffat County

a. There is no bag or possession limit for channel catfish, largemouth bass,

smallmouth bass, northern pike, walleye, green sunfish, bluegill, bullhead, yellow perch or crappie.

157. Griffith Reservoir - Mesa County

a. Fishing by artificial flies and lures only. b. The bag and possession limit and minimum size for trout is two fish, 16

inches in length.

158. Grimes Creek - La Plata County

a. From the Bureau of Reclamation property boundary downstream to the standing water line of Vallecito Reservoir: 1. Fishing is prohibited from September 1 through November 14. 2. Snagging of kokanee salmon is permitted from November 15 through

December 31.

159. Grizzly Creek - Garfield County

DRAFT

a. From the confluence with the Colorado River upstream for ½ mile:

1. Fishing is prohibited from March 15 through May 15 and from October 1 through November 30.

160. Gross Reservoir - Boulder County

a. Fishing is prohibited from sunset to sunrise. b. Snagging of kokanee salmon is permitted from October 1 through

December 1.

161. Groundhog Creek - Dolores County

a. From Groundhog Reservoir upstream for ½ mile: 1. Fishing is prohibited from April 15 through July 15.

162. Groundhog Reservoir - Dolores County

a. In the Nash Creek and Groundhog Creek inlets upstream for ½ mile:

1. Fishing is prohibited from April 15 through July 15.

163. Gunnison River - Delta, Gunnison and Montrose Counties

a. From the confluence of the East and Taylor rivers downstream to the US 50 bridge: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for brown trout is

two fish, 16 inches in length. 3. All rainbow trout must be returned to the water immediately upon

catch. b. From the confluence of the East and Taylor Rivers downstream to the

standing water line of Blue Mesa Reservoir, including all tributary canals and diversions: 1. The taking of kokanee salmon is prohibited from August 1 through

October 31. 2. Snagging of kokanee salmon is permitted November 1 through

December 31. c. From Blue Mesa Dam downstream for 225 yards:

1. Fishing is prohibited, as posted. d. From the closure signs below Blue Mesa Dam downstream to Morrow

Point Reservoir Dam: 1. Snagging of kokanee salmon is permitted from September 1 through

December 31. e. From Morrow Point Reservoir dam downstream for 130 yards:

1. Fishing is prohibited, as posted. f. From the closure sign below Morrow Point Reservoir dam downstream to

Crystal Reservoir Dam: 1. Snagging of kokanee salmon is permitted from September 1 through

December 31. g. From Crystal Reservoir dam downstream for 200 yards:

1. Fishing is prohibited, as posted. h. From 200 yards downstream of the Crystal Reservoir dam downstream

to the Relief Ditch diversion (five miles above Austin Bridge): 1. Fishing is by artificial flies and lures only. 2. All rainbow trout must be returned to the water immediately upon

catch.

DRAFT

i. From the confluence with the Smith Fork downstream to the confluence with the Colorado River: 1. There is no bag or possession limit for channel catfish, largemouth


164. Gunnison River, North Fork - Gunnison and Delta Counties

a. From the confluence with Anthracite Creek downstream to the

confluence with the Gunnison River: 1. There is no bag or possession limit for channel catfish, largemouth


165. Gunnison River, Lake Fork - Gunnison and Hinsdale Counties

a. From the headwaters downstream to the waterfall at Sherman:


catch. b. From first bridge crossing above Lake San Cristobal downstream to Lake

San Cristobal: 1. Fishing is by artificial flies only.

c. From the confluence with High Bridge Gulch downstream to the BLM boundary below The Gate campground: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for brown trout is


catch. d. From the BLM boundary below The Gate campground to the confluence

with Cherry Creek: 1. The bag and possession limit for trout is two fish.

e. From the confluence with Cherry Creek downstream to the upper Red Bridge campground boundary: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for brown trout is 2

fish, 16 inches in length. 3. All rainbow trout must be returned to the water immediately upon

catch. f. From the upper Red Bridge campground boundary downstream to Blue

Mesa Reservoir: 1. Snagging of kokanee salmon is permitted from September 1 through

December 31.

166. Gypsum Ponds SWA - Eagle County

a. The bag and possession limit for trout is two fish. 167. Hahn Creek - Rio Blanco County


168. Hallenbeck (Purdy Mesa) Reservoir - Mesa County

DRAFT


b. All largemouth bass between 12 and 15 inches in length must be returned to the water immediately upon catch. No more than two largemouth bass in any bag and possession limit may be greater than 15 inches in length.

169. Hamilton Creek - Grand County


170. Hanging Lake - Garfield County


171. Harvey Gap Reservoir - Garfield County

a. The minimum size for largemouth bass is 15 inches in length. b. The bag and possession limit for channel catfish is two fish. c. Use of spearfishing, archery, slingbows and gigs for the take of northern

pike is prohibited.

172. Hat Creek - Eagle County


173. Haxtun City Lake (Gun Club Lake) - Phillips County


174. Hayden Creek, South Prong - Fremont County

a. From the headwaters downstream to the confluence with Hayden Creek:


175. Headache Creek - Archuleta County


176. Heberton Creek - Garfield County

a. From Trappers Lake upstream for ½ mile: 1. Fishing is prohibited.

177. Henry Reservoir - Crowley County


178. Herman Gulch - Clear Creek County


DRAFT

179. Hermosa Creek - La Plata and San Juan Counties

a. From the headwaters downstream to the confluence with East Cross

Creek: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch.

180. Hermosa Creek, East Fork - La Plata County


181. Hidden Lakes - Lake County


182. Highline Reservoir - Mesa County

a. The bag and possession limit and minimum size for largemouth bass is

two fish, 15 inches in length.

183. Himes Creek - Mineral County


184. Hine Lake - Jefferson County

a. The minimum size for largemouth bass is 18 inches in length.

185. Hohnholz Lake #3 - Larimer County

a. Fishing is by artificial flies and lures only. b. The bag and possession limit for trout is four fish.

186. Holyoke City Lake (Lions Club Fishing Hole) - Phillips County


length. 187. Homestake Conveyance Channel (Spinney Mountain Reservoir inlet

ditch) - Park County


188. Horse Creek Reservoir (Timber Lake) - Bent and Otero Counties


189. Horseshoe Reservoir - Huerfano County

a. The minimum size for largemouth, smallmouth, and spotted bass is 15 inches in length.

DRAFT

190. Horsetooth Reservoir - Larimer County

a. Fishing is prohibited in the inlet area as posted from March 15 through

May 31. b. The minimum size for smallmouth bass is 12 inches in length.

191. Hotel Draw - San Juan County


192. Hudson Town Pond - Weld County a. The bag and possession limit and minimum size for largemouth and

smallmouth bass is one fish in the aggregate, 15 inches in length. 193. Huerfano River - Huerfano County

a. From the headwaters downstream to the US Forest Service boundary:

1. Fishing is by artificial flies or artificial lures only. 2. The bag and possession limit for trout is two fish.

194. Hunt Lake - Chaffee County


195. Illinois River - Jackson County

a. Within the Diamond J and Yarmony Ranch State Wildlife Areas:

1. Fishing is by artificial flies or artificial lures only. 2. The bag and possession limit for trout is two fish.

196. Jackson Lake (Reservoir) - Morgan County

a. Ice fishing shelters must be portable. b. The minimum size for walleye and saugeye is 15 inches in length. c. No more than one walleye or saugeye in the aggregate greater than 21

inches in length may be taken per day. d. The minimum size for wipers is 15 inches in length. e. The minimum size for crappie is 10 inches in length. f. Fishing in the outlet ditch immediately below the dam around the rotary

screen structure is prohibited.

197. Jayhawker Ponds - Larimer County

a. All largemouth and smallmouth bass must be returned to the water immediately upon catch.

b. The bag and possession limit for yellow perch is 5 fish. 198. Jerry Creek Reservoirs #1 and #2 - Mesa County


may be used on this water if they are 1.5 inches or longer. b. All fish must be returned to the water immediately upon catch.

DRAFT

c. Use of float tubes with chest-high waders is allowed.

199. Jim Creek - Conejos County


200. Joe Wright Creek - Larimer County

a. From the confluence with Joe Wright Reservoir upstream to Colo 14:

1. Fishing is prohibited from January 1 through July 31. 2. Fishing is by artificial flies and lures only.

201. Joe Wright Reservoir - Larimer County


202. John Martin Reservoir - Bent County


203. Johnstown Reservoir - Weld County


inches in length may be taken per day. c. The minimum size for largemouth and smallmouth bass is 15 inches in

length. d. The minimum size for crappie is 10 inches in length.

204. Jumbo (Julesburg) Reservoir - Logan and Sedgwick Counties


inches in length may be taken per day. c. The minimum size for wipers is 15 inches in length. d. The minimum size for crappie is 10 inches in length.

205. Juniata Reservoir - Mesa County


may be used on this water if they are 1.5 inches or longer. b. All largemouth bass between 12 and 15 inches in length must be

returned to the water immediately upon catch. No more than two largemouth bass in any bag and possession limit may be greater than 15 inches in length.

206. Kelly Lake - Jackson County


207. Kelso Creek - Mesa County


DRAFT

208. Kenney Reservoir - Rio Blanco County

a. There is no bag or possession limit for channel catfish, largemouth bass,

smallmouth bass, northern pike, walleye, green sunfish, bluegill, bullhead, yellow perch or crappie.

209. Kerr Lake - Conejos County


210. Ketner Lake - Jefferson County


length.

211. Kingfisher Pond (Fort Collins Environmental Learning Center) - Larimer County


length.

212. Kinney Creek (3 miles east of Hot Sulphur Springs) - Grand County


213. KOA Lake - Boulder County

a. All largemouth and smallmouth bass must be returned to the water


214. La Plata River - La Plata County

a. From the US 160 bridge downstream to the state line: 1. There is no bag or possession limit for channel catfish, largemouth


215. Lagerman Reservoir - Boulder County


length.

216. Lake Arbor - Jefferson County


b. The minimum size for walleye and saugeye is 15 inches in length. c. No more than one walleye or saugeye in the aggregate greater than 21


217. Lake Creek - Hinsdale County a. From Big Emerald Lake inlet upstream for ½ mile:

DRAFT

1. Fishing prohibited from January 1 through July 15.

218. Lake Dorothey - Las Animas County

a. Within the Lake Dorothey State Wildlife Area, including Schwachheim Creek and all other drainages into the lake: 1. Fishing is by artificial flies and lures only.

219. Lake Fork Creek - Lake County

a. From the headwaters downstream to the confluence with Glacier Creek: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch.

220. Lake Granby - Grand County

a. The bag and possession limit for lake trout is four fish. b. From January 1 through August 31, the bag and possession limit for trout

(except lake trout) and kokanee salmon is four fish, singly or in aggregate.

c. From September 1 through December 31, the bag and possession limit for trout (except lake trout) is four fish, singly or in aggregate.

d. From September 1 through December 31, the bag and possession limit for kokanee salmon is 10 fish.

e. Snagging of kokanee salmon is permitted in Lake Granby only from September 1 through December 31 except snagging is prohibited in Columbine Bay from the inlet of Twin Creek upstream.

f. Gaffs and tail snares are prohibited. g. Ice fishing shelters must be portable. h. In Columbine Bay from the inlet of Twin Creek upstream:

1. Fishing is prohibited from October 1 through December 31. 221. Lake John - Jackson County

a. The bag and possession limit for trout is four fish.

222. Laramie River - Larimer County

a. Within the Hohnholz State Wildlife Area:

1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

223. Laskey Gulch - Summit County


224. Lester Creek - Routt County

a. For ¼ mile upstream and ¼ mile downstream from Pearl Lake: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for trout is two fish,


225. Lon Hagler Reservoir - Larimer County

DRAFT


immediately upon catch. b. Only one channel catfish in bag or possession may be greater than 20

inches.

226. Lone Pine Creek - Larimer County

a. From Parvin Lake upstream to Larimer Co Rd 74E (Red Feather Lakes Rd): 1. Fishing is prohibited, as posted.

227. Lonetree Reservoir - Larimer County

a. The bag and possession limit and minimum size for largemouth and

smallmouth bass is one fish in the aggregate, 15 inches in length. b. The minimum size for walleye and saugeye is 15 inches in length. c. No more than one walleye or saugeye in the aggregate greater than 21


228. Long Draw Reservoir - Larimer County


229. Los Pinos Creek - Saguache County

a. On that portion within the Cochetopa State Wildlife Area (Snyder Ranch):

1. Fishing is by artificial flies and lures only. 2. All fish must be returned to the water immediately upon catch.

230. Los Pinos River - Hinsdale and La Plata Counties

a. From the headwaters downstream to the Weminuche Wilderness

boundary: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

b. From the US 160 bridge in Bayfield downstream to Navajo Reservoir: 1. There is no bag or possession limit for channel catfish, largemouth


231. Lost Trail Creek - Gunnison County


232. Lowell Ponds - Adams County


length.

233. Mack Mesa Reservoir - Mesa County


DRAFT

234. Mad Creek - Routt County


235. Mancos River - Montezuma County

a. From the US 160 bridge in Mancos downstream to the state line:


236. Martin Lake - Huerfano County

a. The minimum size for largemouth, smallmouth, and spotted bass is 15

inches in length.

237. May Creek - Larimer County

a. From the headwaters downstream to the confluence with the Poudre River: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

238. Mead Ponds - Weld County a. All largemouth and smallmouth bass must be returned to the water


239. McElmo Creek - Montezuma County

a. From the US 160 bridge east of Cortez downstream to the state line: 1. There is no bag or possession limit for channel catfish, largemouth


240. McKay Lake - Adams County


may be used on this water if they are 1.5 inches or longer. b. All largemouth bass must be returned to the water immediately upon

catch.

241. McMurry Ponds - Larimer County


242. McPhee Reservoir - Montezuma County

a. All largemouth and smallmouth bass between 10 and 15 inches in length

must be returned to the water immediately upon catch. b. Snagging of kokanee salmon is permitted from September 1 through

December 31. c. There is no bag or possession limit for walleye.

DRAFT

243. Meadow Creek - Eagle County


244. Meadow Creek, East - Eagle County


245. Medano Creek - Saguache and Alamosa Counties


246. Medano Creek, Hudson Branch - Saguache County


247. Medano Creek, Little - Saguache County


248. Meredith Reservoir - Crowley County

a. Trotlines and jugs are permitted. 249. Michigan River - Jackson County

a. Within the Brownlee, Murphy, and Diamond J State Wildlife Areas:


250. Middle Creek, East - Saguache County

a. From the headwaters downstream to the waterfall approximately 2.5 miles upstream from the confluence with Middle Creek: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch.

251. Miners Creek - Saguache County


252. Mitchell Creek - Garfield County

a. From the headwaters downstream to the upper boundary of the

Glenwood Springs Fish Hatchery: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch.

DRAFT

253. Montgomery Reservoir - Park County

a. Ice fishing is prohibited. b. Fishing is prohibited from December 1 through May 31. c. On the south side of the reservoir and from the west face of the dam:

1. Fishing is prohibited, as posted.

254. Monument Reservoir - Las Animas County

a. Snagging of kokanee salmon is permitted from October 1 through December 31.

255. Morrison Creek - Routt County


256. Morrow Point Reservoir - Gunnison and Montrose Counties

a. Snagging of kokanee salmon is permitted September 1 through

December 31.

257. Mount Elbert Forebay Reservoir - Lake County

a. The bag and possession limit for lake trout is one fish. All lake trout between 22 and 34 inches in length must be returned to the water immediately upon catch.

258. Muddy Creek - San Miguel County

a. From the headwaters downstream to Woods Lake:


catch. 259. Muddy Creek, Little - Grand County


260. Nash Creek - Dolores County

a. From Groundhog Reservoir upstream for ½ mile:

1. Fishing is prohibited from April 15 through July 15. 261. Nate Creek - Ouray County


262. Native Lake - Lake County


DRAFT

263. Navajo Lake - Dolores County


264. Navajo Reservoir - Archuleta County

a. Trotlines are permitted.

265. Navajo River - Archuleta and Conejos Counties

a. From the headwaters downstream to Bridal Veil Falls: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch. b. From the Oso Diversion Dam downstream to the state line:


266. Nee Gronda Reservoir - Kiowa County


267. Nee Noshe Reservoir - Kiowa County


268. Nee So Pah Reservoir (Sweetwater and Jet) - Kiowa County


269. Newlin Creek - Custer and Fremont Counties


270. Nickelson Creek - Pitkin County


271. No Name Creek - Garfield County

a. From the confluence with the Colorado River upstream for ½ mile:


272. Nolan Creek - Eagle County


273. North Lake State Wildlife Area - Las Animas County


DRAFT

274. North Platte River - Jackson County

a. Within the Brownlee II or Verner State Wildlife Areas: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

b. From the southern boundary of the Routt National Forest downstream to the Wyoming state line (Northgate Canyon): 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

275. North Platte River, North Fork - Jackson County


276. North Shields Ponds - Larimer County


length.

277. North Sterling Reservoir - Logan County


inches in length may be taken per day. c. The minimum size for wipers is 15 inches in length; only one wiper may

be greater than 25 inches in length. d. The minimum size for smallmouth bass is 12 inches in length. e. The minimum size for largemouth bass is 15 inches in length. f. The minimum size for crappie is 10 inches in length.

278. North Taylor Creek - Custer County


279. Northwater Creek - Garfield County a. Fishing is by artificial flies and lures only. b. All cutthroat trout must be returned to the water immediately upon catch.

280. Old Dillon Reservoir - Summit County


b. The bag and possession limit and minimum size for golden trout is one fish, 16 inches in length.

281. Osier Creek - Conejos County


282. Overland Trail Pond - Logan County


DRAFT

283. Paonia Reservoir (Muddy Creek) - Gunnison County

a. From the top of Paonia Dam downstream to the boundary fence below

the stilling basin: 1. Fishing is prohibited, as posted.

284. Parachute Creek, East Fork - Garfield County


285. Parachute Creek, East Middle Fork - Garfield County


286. Parvin Lake - Larimer County

a. Fishing is by artificial flies and lures only. b. The bag and possession limit for trout is two fish. c. In the inlet stream (Lone Pine Creek) upstream to Larimer Co Rd 74E

(Red Feather Lakes Rd): 1. Fishing is prohibited, as posted.

287. Pass Creek - Mineral County


288. Pasture Creek - La Plata and San Juan Counties


289. Pearl Lake - Routt County - Including the inlet stream for ¼ mile above

the inlet and the outlet stream for ¼ mile below the outlet:


inches in length.

290. Pella Crossing Recreation Area Ponds (All Ponds) - Boulder County


b. All largemouth and smallmouth bass must be returned to the water immediately upon catch.

291. Petty Creek - San Juan County


292. Piedra River - Archuleta County

DRAFT

a. From the Piedra River bridge on USFS 631 (Piedra Road) downstream to the lower boundary of the Tres Piedra Ranch (1.5 miles above US 160): 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

b. From the US 160 bridge downstream to Navajo Reservoir: 1. There is no bag or possession limit for channel catfish, largemouth


293. Piedra River, East Fork - Hinsdale and Mineral Counties


294. Pikes Peak North Slope Recreation Area (Crystal, North Catamount and South Catamount Reservoirs) - El Paso and Teller Counties

a. The bag and possession limit for lake trout is two fish. b. North Catamount Reservoir only:

1. Fishing is by artificial flies and lures only.

295. Pikes Peak South Slope Recreation Area (Boehmer Reservoir, Boehmer Creek, Mason Reservoir and McReynolds Reservoir) - El Paso and Teller Counties

a. In Boehmer Reservoir and Boehmer Creek, from the headwaters to

Mason Reservoir: 1. Fishing is prohibited.

b. In Mason Reservoir: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and maximum size for trout is one fish,

16 inches in length. c. In McReynolds Reservoir:


296. Pit D Pond - Boulder County

a. The bag and possession limit and minimum size for largemouth and

smallmouth bass is one fish in the aggregate, 15 inches in length.

297. Poage Lake - Rio Grande County

a. Fishing is by artificial flies and lures only. b. The bag and possession limit and maximum size for trout is two fish, 12

inches in length. 298. Poose Creek - Rio Blanco County


299. Porcupine Lake - Routt County a. Fishing is by artificial flies and lures only.

DRAFT

b. All cutthroat trout must be returned to the water immediately upon catch.

300. Poudre Ponds #1 - Weld County a. The minimum size for largemouth and smallmouth bass is 15 inches in

length. 301. Poudre River - Larimer County

a. From the Rocky Mountain National Park boundary downstream to the

confluence with Joe Wright Creek: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

b. From the upper boundary of the Big Bend campground downstream to the confluence with Black Hollow Creek: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

c. From the west boundary of the Hombre Ranch (below Rustic) downstream to the Pingree Park Road/bridge: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

d. From the upper boundary of Gateway Park (water diversion for Ft. Collins) downstream to the confluence with the North Fork of the Poudre River: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

302. Poudre River, North Fork - Larimer County

a. From the confluence with Divide Creek downstream to Bull Creek (above

Halligan Reservoir): 1. Fishing is by artificial flies or artificial lures only. 2. All trout must be returned to the water immediately upon catch.

b. From Milton Seaman Reservoir downstream to the confluence with the Poudre River: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

303. Poudre River, South Fork - Larimer County

a. From the Rocky Mountain National Park boundary downstream for one

mile: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

304. Prewitt Reservoir - Logan and Washington counties

a. The minimum size limit for walleye and saugeye is 15 inches in length. b. No more than one walleye or saugeye in the aggregate greater than 21

inches in length may be taken per day. c. The minimum size for wipers is 15 inches in length. d. The minimum size for crappie is 10 inches in length.

305. Pronger Pond - Logan County

DRAFT


306. Prospect Park Lakes - Jefferson County


b. Bass Lake and West Prospect Lakes only: 1. Fishing is by artificial flies and lures only. Scented flies or scented

lures may be used on this water if they are 1.5 inches or longer.

307. Prospect Ponds #2 and #3 - Larimer County


308. Pueblo Reservoir - Pueblo County


inches in length. b. The bag and possession limit and minimum size for walleye and saugeye

is five fish in the aggregate, 18 inches in length. c. No more than one walleye or saugeye in the aggregate greater than 21

inches in length may be taken per day. d. Underwater spearfishing is allowed for the take of channel, blue and

flathead catfish with an aggregate bag and possession limit of five fish; and for wiper with a bag and possession limit of five fish.

e. Fishing is prohibited from the dam and within 100 feet of the dam, March 15 through April 15 between the hours of 4:00 p.m. and 9:00 a.m.

f. It is unlawful to possess filleted or cleaned fish in a boat on the lake.

309. Purgatoire River, Middle Fork - Las Animas County

a. Within the Bosque del Oso State Wildlife Area: 1. Fishing is by artificial flies and lures only. 2. All fish must be returned to the water immediately upon catch.

310. Purgatoire River, South Fork - Las Animas County

a. Within the Bosque del Oso State Wildlife Area:

1. Fishing by artificial flies and lures only. 2. All fish must be returned to the water immediately upon catch.

311. Queens Reservoir, North and South - Kiowa County


312. Quincy Reservoir - Arapahoe County

a. Fishing by artificial flies and lures only. Scented flies or scented lures

may be used on this water if they are 1.5 inches or longer. b. The bag and possession limit for trout is two fish. c. The minimum size for largemouth and smallmouth bass is 18 inches in

length. d. Fishing access is controlled by Aurora Parks and Recreation as posted.

DRAFT

313. Rampart Reservoir - El Paso County

a. Ice fishing is prohibited. b. The bag and possession limit for lake trout is two fish.

314. Ranch Creek, North Fork - Grand County


315. Red Lion State Wildlife Area - Logan County


length. b. The minimum size for crappie is 10 inches in length.

316. Relay Creek - La Plata and San Juan Counties


317. Rhodes Gulch - Conejos County


318. Ridgway Reservoir - Ouray County


b. There is no bag or possession limit for smallmouth bass.

319. Rifle Gap Reservoir - Garfield County

a. The bag and possession limit and minimum size for walleye is one fish, 18 inches in length.

b. The bag and possession limit for yellow perch is twenty fish.

320. Rio Blanco Lake - Rio Blanco County


321. Rio Blanco River - Archuleta and Conejos Counties

a. From the headwaters downstream to the San Juan Wilderness boundary: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch. b. From the Blanco Diversion Dam downstream to the confluence with the

San Juan River: 1. There is no bag or possession limit for channel catfish, largemouth

bass, smallmouth bass, northern pike, walleye, green sunfish, bluegill, bullhead, yellow perch or crappie

322. Rio de Los Pinos - Conejos County

DRAFT

a. From the headwaters downstream to the waterfall at the South San Juan

Wilderness boundary: 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch.

323. Rio Grande River - Hinsdale, Mineral and Rio Grande Counties

a. From the lower boundary of River Hill Campground downstream to the west fence of Masonic Park: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and maximum size for brown trout is


catch. b. From the Colo 149 bridge at South Fork downstream to the Rio Grande

Canal diversion structure: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for brown trout is


catch.

324. Rio Lado Creek - Montezuma County


325. Riverbend Ponds #1, #2, #3, #4 and #5 - Larimer County


length.

326. River’s Edge Natural Area Ponds (Bass, Dragonfly, Sandpiper) - Larimer County


immediately upon catch. b. The bag and possession limit for yellow perch is 5 fish.

327. Road Beaver Creek - Gunnison County


328. Roaring Creek - Larimer County


329. Roaring Fork Creek - Grand County a. Fishing is by artificial flies and lures only. b. All cutthroat trout must be returned to the water immediately upon catch.

DRAFT

330. Roaring Fork of the North Platte - Jackson County

a. Within the Odd Fellows or Manville State Wildlife Areas: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

331. Roaring Fork River - Pitkin and Garfield Counties

a. From the confluence with McFarlane Creek downstream to the upper

Woody Creek bridge: 1. Fishing is by artificial flies only. 2. All trout must be returned to the water immediately upon catch.

b. From the upper Woody Creek bridge downstream to the confluence with the Colorado River (excluding 50 yards upstream and downstream from the confluences with Fourmile Creek and Threemile Creek): 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for trout is two fish,

16 inches in length. c. 50 yards upstream and downstream from the confluences with Fourmile

Creek and Threemile Creek: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for trout is two fish,

16 inches in length. 3. Fishing is prohibited from March 15 through May 15 and from


332. Roaring Forks Creek - Montezuma County


333. Rock Creek - Lake County


334. Rock Creek, Little - Mesa County


335. Rock Creek - Park County


336. Rock Lake - Conejos County


337. Rocky Fork Creek - Pitkin County


DRAFT

338. Rocky Mountain Lake - Denver County


339. Rosemont Reservoir - Teller County


340. Rough Canyon - Conejos County


341. Ruby Jewel Lake - Jackson County


342. Runyon/Fountain Lakes State Wildlife Area - Pueblo County

a. Ice fishing is prohibited.

343. Saguache Creek - Saguache County

a. From the confluence of the Middle and South Forks downstream to the

confluence with California Gulch: 1. Fishing is by artificial flies and lures only.

344. Saguache Creek, Middle Fork - Saguache County

a. From the headwaters downstream to the confluence with the South Fork

of Saguache Creek: 1. Fishing is by artificial flies and lures only.

345. Saguache Creek, South Fork - Saguache County

a. From the headwaters downstream to the confluence with the Middle Fork

of Saguache Creek: 1. Fishing is by artificial flies and lures only.

346. Saint Vrain Creek (North and South) – Boulder County

a. Within the town limits of Lyons as posted:


347. Saint Vrain State Park - Weld County

a. Bald Eagle Lake: 1. Fishing is by artificial flies and lures only. Scented flies or scented

lures may be used on this water if they are 1.5 inches or longer. 2. All largemouth and smallmouth bass must be returned to the water

immediately upon catch. b. Blue Heron Lake:

DRAFT

1. All largemouth and smallmouth bass must be returned to the water immediately upon catch.

2. Only one channel catfish in bag or possession may be greater than 20 inches.

348. San Francisco Creek (Middle and West Forks) and West San Francisco

Lake - Rio Grande County

a. That portion on US Forest Service lands including West San Francisco Lake: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

349. San Juan River - Archuleta County

a. From the intersection of US 160 and US 84 downstream through Pagosa

Springs to the intersection of Apache Street with the river, including River Center Ponds: 1. The bag and possession limit for trout is two fish.

b. From the US 160 bridge in Pagosa Springs downstream to Navajo Reservoir: 1. There is no bag or possession limit for channel catfish, largemouth


350. San Miguel River - Montrose and San Miguel Counties

a. From the Colo 90 bridge at Pinon downstream to the confluence with the

Dolores River: 1. There is no bag or possession limit for channel catfish, largemouth


351. Sarvis Creek - Grand and Routt Counties


352. Scenery Pond (Colorow Mountain State Wildlife Area) - Rio Blanco

County

a. The bag and possession limit for trout is two fish. 353. Schwachheim Creek - Las Animas County

a. Within the Lake Dorothey State Wildlife Area:

1. Fishing is by artificial flies and lures only.

354. Second Creek - Delta County


355. Severy Creek - El Paso County

a. From the headwaters downstream to the US Forest Service boundary:

DRAFT


356. Shadow Mountain Reservoir - Grand County

a. Ice fishing shelters must be portable.

357. Shadow Mountain Spillway - Grand County

a. From Shadow Mountain Reservoir downstream to Lake Granby including Columbine Bay to the Twin Creek inlet: 1. Fishing is prohibited from October 1 through December 31. 2. Snagging is prohibited.

358. Sheep Creek - Conejos County

a. From the headwaters downstream to the Conejos River:


359. Sheep Creek - Larimer County


360. Sheep Creek, East and West Forks - Larimer County


361. Sig Creek - La Plata and San Juan Counties


362. Sig Creek, East Fork - San Juan County


363. Silver Lake - Mesa County


inches in length.

364. Slater Creek, South Fork and West Prong of the South Fork - Routt County a. Fishing is by artificial flies and lures only. b. All cutthroat trout must be returned to the water immediately upon catch.

365. Sloan Lake - Hinsdale County


DRAFT

366. Snell Creek - Rio Blanco County


367. Soda Creek - Routt County


368. South Platte Park (Littleton) - Arapahoe County


length.

369. South Platte River - Douglas, Jefferson, Park and Teller Counties

a. From the confluence of the Middle and South Forks downstream to Spinney Mountain Reservoir: 1. Fishing is by artificial flies and lures only. 2. All trout between 12 and 20 inches in length must be returned to the

water immediately upon catch. 3. The bag and possession limit for trout is two fish, only one of which

may be greater than 20 inches in length. b. From the outlet of Spinney Mountain Reservoir downstream to the inlet

of Eleven Mile Reservoir: 1. Fishing is by artificial flies and lures only. 2. All fish caught must be returned to the water immediately upon

catch. 3. Some portions may be closed to fishing as posted from September

15 to December 31 for kokanee salmon spawning operations. c. From immediately below Eleven Mile Dam downstream to the Wagon

Tongue Gulch Road bridge at Springer Gulch (Eleven Mile Canyon): 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

d. From Cheesman Dam downstream to the upper Wigwam Club property line: 1. Fishing by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

e. From the lower boundary of the Wigwam Club downstream to Scraggy View Picnic Ground: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit and minimum size for trout is two fish,

16 inches in length. f. From Strontia Springs Dam downstream to 300 yards upstream from the

Denver Water Board's Marston Diversion structure: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

g. Within Chatfield State Park: 1. The bag limit and minimum size for walleye is three fish, 18 inches in

length. 2. No more than one walleye greater than 21 inches in length may be

taken per day. 3. The minimum size for largemouth and smallmouth bass is 15 inches

in length.

DRAFT

370. South Platte River, Middle Fork - Park County

a. From the Colo 9 bridge (4.9 miles north of Garo) downstream to the confluence with the South Fork of the South Platte: 1. Fishing is by artificial flies and lures only. 2. All trout between 12 and 20 inches in length must be returned to the


may be greater than 20 inches in length.

371. South Platte River, South Fork - Park County

a. From US 285 downstream to Antero Reservoir: 1. Fishing is by artificial flies and lures only. 2. All trout between 12 and 20 inches in length must be returned to the


may be greater than 20 inches in length. b. From Antero Reservoir downstream in the newly constructed channel to

the confluence with the existing channel: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

c. From the lower boundary fence of the Badger Basin State Wildlife Area downstream to the confluence with the Middle Fork of the South Platte: 1. Fishing is by artificial flies and lures only. 2. All trout between 12 and 20 inches in length must be returned to the


may be greater than 20 inches in length. 372. Spinney Mountain Reservoir - Park County

a. Fishing is by artificial flies and lures only. b. The bag and possession limit and minimum size for trout is one fish, 20

inches in length. c. Fishing is prohibited from ½ hour after sunset until ½ hour before

sunrise. d. Ice fishing is prohibited. e. There is no bag or possession limit for yellow perch.

373. Sprat-Platte Lake - Adams County


may be used on this water if they are 1.5 inches or longer. b. The minimum size for largemouth bass is 18 inches in length.

374. Spring Creek - Dolores County


375. Spring Gulch Pond - Douglas County a. Fishing is by artificial flies and lures only. b. All fish must be returned to the water immediately upon catch.

DRAFT

376. Spruce Creek (confluence with Blue River approximately 5 miles north of Green Mtn. Res.) - Grand and Summit Counties a. Fishing is by artificial flies and lures only. b. All cutthroat trout must be returned to the water immediately upon catch.

377. Spruce Creek (confluence with Blue River approximately 2.5 miles

south of Breckenridge) - Summit County a. Fishing is by artificial flies and lures only. b. All cutthroat trout must be returned to the water immediately upon catch.

378. Stagecoach Reservoir - Routt County

a. There is no bag or possession limit for walleye.

379. Stalker Lake - Yuma County


length.

380. Standley Lake - Jefferson County


inches in length may be taken per day. 381. Stearns Lake - Boulder County


length.

382. Steelman Creek - Grand County


catch.

383. Stueben Creek, West Fork - Gunnison County


384. Summit Reservoir - Montezuma County


385. Swamp Lakes - Lake County


386. Swan River - Summit County


DRAFT

b. The bag and possession limit and minimum size for trout is 2 fish, 16 inches in length.

387. Swan River, North Fork - Summit County


388. Sweitzer Lake - Delta County

a. All fish, except carp, must be returned to the water immediately upon catch.

389. Sylvan Lake - Eagle County

a. In the inlet and upstream for ½ mile:

1. Fishing is prohibited from September 1 through November 30.

390. Tamarack Ranch Pond - Logan County


391. Tarryall Creek - Park County a. For that portion of Tarryall Creek located on the Cline Ranch State

Wildlife Area: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish. 3. Fishing is prohibited from October 1 through the end of February. 4. Fishing access is restricted to designated fishing areas (beats) only.

Access to each fishing beat is restricted to occupants of the vehicle parked in the parking stall assigned to that beat (determined by corresponding number). No more than four anglers are allowed per vehicle, and only one vehicle is allowed per stall.

392. Taylor Creek, Little - Montezuma County


393. Taylor Park Reservoir - Gunnison County

a. The bag and possession limit for lake trout is three fish, only one of which may be greater than 26 inches in length.

b. Gaffs and tail snares are prohibited. c. Snagging of kokanee salmon is permitted from September 1 through

December 31.

394. Taylor River - Gunnison County

a. From the top of Taylor Dam and then from the dam downstream for 325 yards: 1. Fishing is prohibited as posted.

b. From a point 325 yards below Taylor Dam downstream to the lower boundary of the Taylor State Wildlife Area (approximately 0.4 miles):

DRAFT


395. Terror Creek, East Fork - Delta County

a. From the headwaters downstream to the confluence with Terror Creek (including unnamed tributary below Terror Creek Reservoir); 1. Fishing is by artificial flies and lures only. 2. All cutthroat trout must be returned to the water immediately upon

catch. 396. Thomas Reservoir - Boulder County a. The bag and possession limit and minimum size for largemouth and

smallmouth bass is one fish in the aggregate, 15 inches in length. 397. Three Lakes - Lowest and Middle Lakes - Lake County


398. Three Licks Creek - Eagle County


399. Threemile Creek - Garfield County

a. From the confluence with the Roaring Fork River upstream for ½ mile:


400. Thurston Reservoir - Prowers County


401. Timberline Lake - Lake County


402. Torsido Creek - Conejos County


403. Totten Reservoir - Montezuma County


404. Trapper Creek - Garfield County


405. Trappers Lake - Garfield County

DRAFT

a. Fishing is by artificial flies and lures only. b. The bag and possession limit for cutthroat trout is two fish. All cutthroat

trout greater than 11 inches in length must be returned to the water immediately upon catch.

c. Fishing is prohibited in all inlets and upstream for ½ mile. d. Fishing is prohibited within 100 feet of either side of all inlet streams. e. Fishing is prohibited within 100 feet of either side of the outlet and

downstream to the first falls. f. There is no bag or possession limit on brook trout.

406. Trinidad Reservoir - Las Animas County


inches in length. b. The bag and possession limit for walleye and saugeye is five fish in the

aggregate. c. No more than one walleye or saugeye in the aggregate greater than 18


407. Trout Creek - Rio Blanco and Routt Counties a. From the headwaters downstream to, but not including Sheriff Reservoir:


catch. b. From Sheriff Reservoir dam downstream to the confluence with the

Yampa River: 1. The bag limit for whitefish is four fish. 2. The possession limit for whitefish is eight fish.

408. Turquoise Reservoir - Lake County

a. The bag and possession limit for lake trout is two fish.

409. Tuttle Creek - Saguache County


410. Twin Lakes - Lake County

a. The bag and possession limit for lake trout is one fish. All lake trout between 22 and 34 inches in length must be returned to the water immediately upon catch.

411. Two Buttes Reservoir - Baca County


412. Two Ledge Reservoir - Jackson County


413. Uncompahgre River - Ouray County

DRAFT

a. From the Ouray Co Rd 23 bridge downstream to Ridgway Reservoir: 1. Snagging of kokanee salmon is permitted from September 1 through

December 31. b. From Ridgway dam downstream to the fence just below the USGS

Gauge Station: 1. Fishing is prohibited, except as posted.

c. From the fence just below the USGS Gauge Station below Ridgway Dam downstream to the confluence with Cow Creek: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

d. From the Ridgway Dam downstream to the confluence with the Gunnison River: 1. There is no bag or possession limit for channel catfish, largemouth


414. Union Reservoir (Calkins Lake) - Weld County

a. The minimum size for wipers is 15 inches in length.

415. Vallecito Creek - La Plata and San Juan Counties

a. From the headwaters downstream to the southern boundary of the

Weminuche Wilderness: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

b. From the southern boundary of the Weminuche Wilderness downstream to the La Plata Co Rd 501 bridge: 1. All kokanee salmon must be returned to the water immediately upon

catch from September 1 through November 14. 2. Snagging of kokanee salmon is permitted from November 15 through

December 31. c. From the La Plata Co Rd 501 bridge downstream to the standing water

line of Vallecito Reservoir: 1. Fishing is prohibited from September 1 through November 14. 2. Snagging of kokanee salmon is permitted from November 15 through

December 31.

416. Vasquez Creek, Little - Grand County:


catch.

417. Vasquez Creek, South Fork - Grand County a. Fishing is by artificial flies and lures only. b. All cutthroat trout must be returned to the water immediately upon catch.

418. Vaughn Reservoir - Rio Blanco County

a. The bag and possession limit for cutthroat trout is two fish.

419. Virginia Gulch Creek, West - La Plata County

DRAFT


420. Virginia Lake - Lake County


421. Wacker Ponds (formerly known as Hanson Bros. Ponds) - Morgan

County

a. The minimum size for largemouth and smallmouth bass 15 inches in length.

422. Wahatoya State Wildlife Area - Huerfano County


423. Walden Ponds (except Wally Toevs Pond) - Boulder County


b. All largemouth and smallmouth bass must be returned to the water immediately upon catch.

424. Walker Lake State Wildlife Area - Mesa County

a. Fishing is prohibited from October 1 through the last day of February.

425. Walton Creek - Routt County


426. Waneka Lake (Lafayette) - Boulder County


length. 427. Washington Park (Lily Pond) - Denver County

a. Fishing is restricted to youth 15 years of age or younger.

428. Watson Lake - Larimer County

a. The minimum size for smallmouth bass is 12 inches in length.

429. West Creek - Mesa County

a. From the Colo 141 Bridge downstream 5 miles to the confluence of Ute

Creek: 1. The bag and possession limit for trout is two fish.

430. West Cross Creek - Eagle County

DRAFT


431. White River - Rio Blanco County

a. From the confluence of the North and South Forks of the White River downstream to the Colo 13 Bridge below Meeker (excluding the Sleepy Cat easement, Wakara lease, and the Meeker Pasture State Wildlife Area): 1. The bag and possession limit for trout is two fish.

b. On the Sleepy Cat easement, Wakara Lease, and the Meeker Pasture State Wildlife Area east of Meeker: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

c. From the confluence of the North and South Forks of the White River downstream to Kenney Reservoir: 1. There is no bag or possession limit for channel catfish, largemouth


d. From Taylor Draw Dam downstream 400 yards: 1. Fishing is prohibited, as posted, to protect native fish spawning.

e. From Taylor Draw Dam downstream to the state line: 1. There is no bag or possession limit for channel catfish, largemouth


432. White River, North Fork - Rio Blanco County

a. From the headwaters downstream to confluence with the South Fork of

the White River: 1. The bag and possession limit for trout is two fish.

433. White River, South Fork - Rio Blanco County

a. From the headwaters downstream to confluence with the North Fork of

the White River: 1. The bag and possession limit for trout is two fish.

434. Williams Fork Reservoir - Grand County


b. All northern pike between 26 and 34 inches in length must be returned to the water immediately upon catch.

c. From the buoy line at the Williams Fork River inlet upstream to the first Grand Co Rd bridge: 1. Fishing and snagging are prohibited from September 15 through

November 30. d. Use of spearfishing, archery, slingbows and gigs for the take of northern

pike is prohibited. e. The bag and possession limit for lake trout is eight fish, only one of which

may be greater than 30 inches in length.

435. Williams Fork River - Grand County

DRAFT

a. From Williams Fork Dam downstream to the confluence with the Colorado River: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

436. Williams Gulch - Larimer County

a. From the headwaters downstream to the confluence with the Poudre

River: 1. Fishing is prohibited.

437. Willow Creek (Little Snake drainage) - Moffat County


438. Willow Creek Reservoir - Grand County

a. Ice fishing shelters must be portable.

439. Windsor Reservoir - Weld County


440. Wolf Creek - Conejos County


441. Wolford Mountain Reservoir - Grand County

a. Public access, including fishing, is prohibited within 150 feet of any kokanee spawning trap or wing net from October 1- December 1.

442. Woods Lake State Wildlife Area - San Miguel County


443. Wrights Lake - Chaffee County


444. Yampa River - Routt County

a. From the headwaters to the confluence with Trout Creek (including

tributaries): 1. The bag limit for whitefish is four fish. 2. The possession limit for whitefish is eight fish.

b. From Stagecoach Dam downstream for 0.6 mile: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

c. From Stagecoach Dam downstream to Catamount Lake: 1. Spawning areas (redds) are closed to fishing as posted to protect

spawning fish.

DRAFT

d. From 0.6 miles below Stagecoach Dam downstream to the confluence with Walton Creek, excluding Catamount Lake: 1. Fishing is by artificial flies and lures only. 2. The bag and possession limit for trout is two fish.

e. From the confluence with Walton Creek downstream for 4.8 miles to the James Brown (Soul Center of the Universe) bridge, in Steamboat Springs: 1. Fishing is by artificial flies and lures only. 2. All trout must be returned to the water immediately upon catch.

f. From the James Brown (Soul Center of the Universe Bridge) downstream to the Colo 394 bridge near Craig: 1. The bag and possession limit for trout is two fish.

g. From the headwaters of the Yampa River downstream to the confluence with the Green River: 1. There is no bag or possession limit for channel catfish, largemouth


445. Youngs Creek Reservoirs #1, #2, and #3 - Delta County


446. Yuma City Lake - Yuma County


b. The bag and possession limit for channel catfish is five fish.

447. Zimmerman Lake - Larimer County

a. Fishing is by artificial flies and lures only. b. All trout must be returned to the water immediately upon catch. c. Fishing is prohibited in the inlet area as posted from January 1 through

July 31.

DRAFT

FILING – 11/30/2017 Basis and Purpose

Chapter W-1 - Fishing

Basis and Purpose: Allowing the use of Slingbows where Archery Equipment is an Allowable Method of Take This change to regulation resulted from an approved citizen petition. The petitioner requested to make the use of slingbows legal for the taking of invasive aquatic species that could previously be taken using archery equipment (bullfrogs, carp and northern pike statewide, gizzard shad, white-nose and long-nose suckers on the eastern slope, and kokanee in waters open to snagging). The petitioner argued that slingbows are just as safe and effective to use, but more portable than traditional archery equipment. CPW staff and the Commission were supportive of the request. This regulatory change also necessitated the need for a definition of “slingbow”. The provided definition in Chapter W-0 was modeled off the definition of “slingshot” and the string release verbiage from a hand-held bow. Requiring a bow reel and attached fishing line was also included to remove the potential for waste of harvested aquatic species. Closing Beswick Pond to Fishing Beswick Pond (also known as Tipping Pond B) is located east of 29 Rd., west of 30 Rd. and south of the Riverfront Trail within the Pear Park section of James M. Robb-Colorado River State Park. Previous management prohibited fishing in all ponds in this area due to concerns about the US Fish and Wildlife Service (USFWS) endangered fish recovery program and the potential for accidental take, but no formal regulations were ever established. Beswick Pond has an existing USFWS easement allowing the USFWS to use it as a grow out pond. Since it is being used as such, Beswick Pond is now being formally closed to fishing via regulation. All other Colorado Parks and Wildlife ponds in the area will now be open to fishing. Separation of Fishing Regulations on Trout Creek The portion of Trout Creek that is upstream of Sheriff Reservoir is an important cutthroat stream. The portion of Trout Creek downstream from Sheriff Reservoir, as well as Sheriff Reservoir itself, do not have the same cutthroat conservation objectives and neither of these waters are currently being managed by CPW staff as a cutthroat conservation stream or a cutthroat conservation lake. It is worth noting that there is also a barrier in Trout Creek a short distance upstream of Sheriff Reservoir that was specifically erected by CPW staff to better manage this key cutthroat population. Therefore, Area 10 CPW staff recommended removal of both the fishing by artificial flies and lures restriction and the catch and release regulation for cutthroat trout in Trout Creek downstream of Sheriff Reservoir. Removing both the fishing by artificial flies and lures restriction and the catch and release regulation for cutthroat trout in Trout Creek downstream of Sheriff Reservoir will diversify the type of angling experiences this area offers. In addition, field staff believe that this change will alleviate some of the current law enforcement problems that occur in this area. Furthermore, Trout Creek (in its entirety both upstream and downstream of Sheriff Reservoir) previously had special regulations in place for whitefish, including a daily bag limit of 4 fish and possession limit of 8 fish. Whitefish are not currently present in Trout Creek upstream of Sheriff Reservoir, but whitefish are present in Trout Creek downstream of Sheriff Reservoir. Therefore, staff felt it was appropriate to lift the special whitefish bag limit and possession limits from that portion of Trout Creek upstream from Sheriff Reservoir. The statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-106.

DRAFT

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE APRIL 1, 2018 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 16TH DAY OF NOVEMBER, 2017.

APPROVED: John V. Howard

Acting Chairman

ATTEST: Michelle Zimmerman Secretary

DRAFT

1

FILING – 11/30/2017

FINAL REGULATIONS - CHAPTER W-2 - BIG GAME


#201 - LICENSE FEES

A. Big Game License Fees

1. Nonresident Big Game LicensesIn accordance with the provisions of §33-4-102, C.R.S., nonresident big game fees forthe year 2018 shall be as follows:

Nonresident License Type 2017

License Fee

2018Statutory Maximum

License Fee*

2018 License

Fee** Pronghorn $385 $398.16 $395

Deer $385 $398.16 $395

Elk $640 $663.61 $660

Bear $640 $663.61 $660

Mountain lion $640 $663.61 $660

Moose $2,145 $2,212.02 $2,210

Mountain goat $2,145 $2,212.02 $2,210

Rocky Mountain bighorn sheep $2,145 $2,212.02 $2,210

Desert bighorn sheep $1,430 $1,474.68 $1,470

*Based on cumulative Consumer Price Index increase since 2000.**Adjusted after application of Consumer Price Index by rounding down to thenearest $5.00 increment, in whole numbers.

a. All licenses sold through March 2018 shall be sold at 2017 license fees.

2. Nonresident License Fee Reduction:

In accordance with the provisions of §33-4-102, C.R.S., the following nonresident big game license fees shall be reduced to the fee specified herein, from the level set forth in §33-4-102, C.R.S.:

Nonresident License Type 2017

License Fee 2018

License Fee

Nonresident Bear $350.00 $350.00

Nonresident Mountain Lion $350.00 $350.00 Nonresident Antlerless Elk

$480.00* $495.00*

*Nonresident Antlerless Elk license fee is set at 75% ofElk Nonresident License Fee rounded down to the

Attachment 2

DRAFT

2

nearest $5.00 increment, in whole numbers.

B. Combination Big Game/Annual Fishing Licenses for Nonresidents

1. Big game licenses issued to non-residents shall be issued as combination Big

Game/Annual Fishing licenses, and for each such combination license purchased each year by a nonresident $10 of the above license fee shall be allocated to the fishing portion of such combination license.

ARTICLE VI – MOUNTAIN LION

#242 - RIFLE AND ASSOCIATED METHODS MOUNTAIN LION SEASONS

A. General and Extended Seasons

1. Dogs may be used to hunt mountain lion. However, the pack size shall be limited to no more than eight (8) dogs.

2. The hunter that takes a mountain lion shall be present at the time and place that any dogs are released on the track of a mountain lion and must continuously participate in the hunt until it ends. After a mountain lion has been pursued, treed, cornered or held at bay, a properly licensed person shall take or release the mountain lion immediately. No person shall in any manner restrict or hinder the mountain lion’s ability to escape for the purpose of allowing a person who was not present at the time and place that any dogs were released, to arrive and take the mountain lion.

3. Hunt Type, Dates, Units (as described in Chapter 0 of these regulations), and Harvest Limit Quotas.

a. Mountain Lion, Either-sex Season and Harvest Limit Quota – In Game Management Units, as follows, the day after the close of the final combined rifle season through March 31 annually:

Units Lion Harvest Limit Quota

1, 2 5 3, 301 5 4 (north of Co Rd 27 and USFS 110), 5 8 4 (south of Co Rd 27 and USFS 110), 14, 214, 441 5 6, 16, 17, 161, 171 4 7 1 8 4 9 3 10 10 11 12 12 18 13 (west of Hayden Divide Road) 12 13 (east of Hayden Divide Road), 131, 231 5 15 5 18, 27, 28, 37, 181, 371 12 19 5 20 9

DRAFT

3

Units Lion Harvest Limit Quota 21 15 22 17 23 17 24 6 25, 26, 34 7 29 2 30 10 31 12 32 5 33 13 35, 36, 361 9 38 7 39, 391 7 40 7 41 5 42 10 43 7 44 6 45 1 46 6 47 1 48, 56, 481, 561 10 49, 57, 58, 581 24 50, 500, 501 10 51 7 52, 411 10 53, 63 10 54, 55, 551 7 59, 591 7 60 5 61 10 62 9 64 5 65 5 66, 67 8 68, 681, 682 6 69, 84, 86, 691, 861 15* 70 east of Colo 141 10 70 west of Colo 141 6 71, 711 9 72 4 73 10 74, 741 6 75 4 76, 79, 791 5 77 6 78 5 80 5 81 4 82 6 83 10 85, 140, 851 24

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Units Lion Harvest Limit Quota 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 106, 107, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 951

5

104, 105, 110 5 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134, 135, 136, 137, 138, 139, 141, 142, 143, 144, 145, 146, 147

20

191 8 201 5 211 17 421 10 444 7 461 7 511 4 521 6 751, 771 5 TOTAL 654

* This reduction from 26 to 15 is contingent upon the Parks and Wildlife Commission approving the associated mountain lion research proposal to be submitted later in 2016. If the research is not approved the harvest limit quota will remain at 26 for the season ending March 31, 2017.

b. Mountain Lion, Either-sex Season and Harvest Limit Quota – In Game Management Units, as follows, April 1 – April 30 annually:

Units Lion Harvest Limit Quota

1, 2 2 7 1 8 3 9 1 10 5 11 5 12 1 13 (west of Hayden Divide Road) 3 13 (east of Hayden Divide Road), 131, 231 3 19 2 20 6 21 2 23 1 24 1 29 2 30 1 31 5 32 2 33 4 38 4 39, 391 6 46 4 50, 500, 501 4 51 1 68, 681, 682 1 70 east of Colo 141 4

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Units Lion Harvest Limit Quota 70 west of Colo 141 2 71, 711 1 72 3 73 4 81 1 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 106, 107, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 951

5

104, 105, 110 3 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134, 135, 136, 137, 138, 139, 141, 142, 143, 144, 145, 146, 147

5

191 4 201 3 211 12 461 4 TOTAL 121

B. Licenses and GMU Harvest Limit Quota Status

1. A valid mountain lion license is required to hunt any mountain lion.

2. Except as provided in 33-3-106 C.R.S., it is unlawful for any person to purchase or obtain a mountain lion hunting license or hunt mountain lions unless the person obtains a mountain lion education certificate issued by the Division attesting to the person’s successful completion of the Division’s certified mountain lion education and identification course. Any person required to obtain such a certificate shall have the certificate on his or her person while hunting or taking mountain lion.

3. Prior to each hunting trip in any game management unit, but not earlier than 5:00 p.m. of the day before hunting, lion hunters must contact 1-888-940-LION (1-888-940-5466), or any Division office and determine which game management units have not reached the unit harvest quota and are open to hunting. It shall be unlawful to hunt in a unit after it is closed.

C. Special Restrictions

1. Reporting and Sealing

a. The taking of mountain lions by licensed hunters shall be reported to the Division within 48 hours after the taking thereof, and except as provided in these regulations, the lion shall be personally presented by the hunter for inspection and sealing within five (5) days after the taking thereof. Mountain lion heads and hides must be unfrozen when presented for inspection. If not unfrozen, the Division may retain heads and hides as necessary for thawing sufficient to extract a premolar tooth. A mandatory check report shall be accurately completed by the hunter at the time of inspection, which shall include certification that all information provided is accurate.

b. At the time of the mandatory check, the Division shall be authorized to extract and retain a premolar tooth.

2. The legal possession seal when attached to the mountain lion skull or hide shall authorize possession, transportation, tanning or mounting thereof. No fee shall be

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required for the inspection and issuance of a legal possession seal which shall remain attached to the skull or hide until processed. Mountain lions shall not be transported, shipped or otherwise taken out of Colorado until the hide and skull are inspected and sealed.

3. All mountain lion taken or destroyed under Commission regulation #1702 or §33-3-106(3) C.R.S., as amended, shall remain the property of the state and shall be delivered to an officer of the Division within five (5) days. A report shall be given to an officer of the Division at the time of delivery which contains the following:

1) Name(s) of person(s) who killed the animal(s).

2) The county and the specific location of the kill.

3) The species and number of animals killed.

4) The reason for such action.

4. Lions with Kittens – No person shall kill a mountain lion accompanied by one or more kit-tens or kill a kitten.

5. “Kitten” shall mean a lion with spots.

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Chapter W-2 - Big Game

Basis and Purpose:

H.B. 00-1448, which was passed into law in May 2000, provided for the annual adjustment of nonresident big game license fees based on the Consumer Price Index (CPI): "The nonresident big game fees described in subsection(1.4) of this section shall annually be adjusted in accordance with changes in the United States Bureau of Labor Statistics Consumer Price Index for the Denver-Boulder-Greeley consolidated metropolitan statistical area for all urban consumers, all goods, or its successor index." §33- 4-102 (1.6)(b) C.R.S. Consumer Price Indices for the Denver-Boulder-Greeley metropolitan statistical area are compiled by the United States Bureau of Labor Statistics. Three figures are reported each year - the average CPI for the first half of the calendar year, the average CPI for the second half of the calendar year, and the average CPI for the entire calendar year. The chart below shows the average CPI for the first half of each year.

Consumer Price Index - All Urban Consumers Denver-Boulder-Greeley Metropolitan Area

First Half, 2000 171.40 First Half, 2001 180.70 Annual Percentage Change 5.4% First Half 2002 184.60 Annual Percentage Change 2.2% First Half 2003 187.80 Annual Percentage Change 1.7% First Half 2004 186.50 Annual Percentage Change -0.7%First Half 2005 189.20 Annual Percentage Change 1.4% First Half 2006 196.30 Annual Percentage Change 3.8% First Half 2007 201.25 Annual Percentage Change 2.5% First Half 2008 208.74 Annual Percentage Change 3.7% First Half 2009 207.44 Annual Percentage Change -0.6%First Half 2010 210.97 Annual Percentage Change 1.7% First Half 2011 219.05 Annual Percentage Change 3.8% First Half 2012 222.96 Annual Percentage Change 1.8% First Half 2013 229.14 Annual Percentage Change 2.8% First Half 2014 235.73 Annual Percentage Change 2.9% First Half 2015 238.08 Annual Percentage Change 1.0% First Half 2016 245.19

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Annual Percentage Change 3.0% First Half 2017

252.76

Annual Percentage Change 3.1% Cumulative Percentage Change (Rounded) 47.5% Source: U.S. Dept of Labor/Bureau of Labor Statistics

A price reduction has been applied to non-resident antlerless elk, bear, and mountain lion licenses under the statutory authority granted in 33-4-102 (1.6) C.R.S. Discounts for non-resident bear and mountain lion licenses have historically been used to encourage non-resident participation in predator management, which is of continuing need. These regulations recommend a lesser reduced price for non-resident antlerless elk, with a price of $495. The $495 price represents a 25% discount from the non-resident antlered elk license, rounded down to the nearest $5.00 increment, in whole numbers. Since most elk herds across the state are at or near population objectives, additional statewide harvest of antlerless elk at that same level is no longer desired nor warranted. However, the Division wishes to remain competitive with neighboring states in the pricing of our non-resident antlerless elk licenses to incentivize non- residents to buy elk licenses in Colorado.

Regulated trapping can provide many benefits to the general public. Trapping can be an effective tool to reduce wildlife damage to crops and property, reduce threats to human health and safety, and even help restore, monitor and study wildlife populations. Trapping in Colorado is also highly regulated and constrained by the limitations set forth by Amendment 14 to the state constitution and state statutes. In February of 2017, Colorado Parks and Wildlife (CPW) assembled a trapping workgroup consisting of individuals from different branches within the agency as well as from the Colorado Department of Agriculture (CDA), United States Department of Agriculture (USDA), and the Colorado Trappers and Predator Hunters Association (CTPHA). This group was tasked with updating the trapping regulations within Chapter W-3 (Small Game) to incorporate new industry best management practices (BMPs), increase animal welfare, and make CPW regulations consistent with those of the CDA. An additional goal of the group was to make the regulations easier to understand and to potentially create companion education materials to help the average citizen navigate our complex trapping rules. The Division relied on the BMPs developed by the Association of Fish and Wildlife Agencies (AFWA) to make these recommended changes. These BMPs were developed based on sound science and research, evaluating traps and trapping methods to increase animal welfare, as well as improve efficiency, species selectivity and safety. Experts from all 50 states, including conservation groups, were involved in the development of these BMPs over a twenty-year period. Incorporating these BMPs into our trapping regulations will only improve traps and trapping systems in Colorado. The majority of the changes occurred within previous regulation #303.E related to the nuisance trapping of furbearers done in accordance with the provisions of 33-6-204, C.R.S (General Exemptions), 33-6-205, C.R.S. (Exemption for Departments of Health), 33-6-206, C.R.S. (Nonlethal Methods Exemptions) and 33-6-207, C.R.S (Exemptions for Protection of Crops and Livestock). Along with updating this regulation, the work group also recommended moving the majority of these items into Chapter W-17, to help avoid confusion with avocational trapping and since they are more closely related to wildlife damage. Additional nuisance wildlife regulations were also moved into Chapter W-17 from Chapters W-2, W-5 and W-10, creating one chapter containing all “Damage Caused by Wildlife” regulations, also resulting in the name change to the chapter. The one exception was previous regulation #303.E.8, related to the permitted taking of coyotes by aircraft. This regulation was moved into Chapter W-0 as it relates to the taking of coyotes for the protection of wildlife populations and is not applicable to wildlife damage or recreational small game hunting. Definitions for “drag”, “lethal cable device trap”, “live trap (cage or box)”, and “enclosed foothold trap”, were also added to regulation to provide more clarity on what these traps are. “Nuisance wildlife” has also been defined relative to these small game damage regulations. The terms “leghold”, “snare”, “instant kill body-gripping designed trap” and “nonlethal snare” were also replaced with the terms “foothold”, cable device trap”, “body grip device” and “nonlethal cable device trap” respectively, to align with the language

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within AFWA’s BMPs. The primary statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-106, C.R.S. EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JANUARY 1, 2018 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 16TH DAY OF NOVEMBER, 2017.


Acting Chairman ATTEST: Michelle Zimmerman Secretary

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FILING – 11/30/2017

FINAL REGULATIONS CHAPTER W-15 - DIVISION AGENTS ARTICLE VI - AGENT COMMISSION RATES #1510 - Agent Commission Rates See also §33-4-101 C.R.S. relative to Division agents and §33-4-102(1.6)(b) C.R.S. for price indexing information for nonresident big game licenses. A. Commission Rates for Retail Agents:

1. Division agents shall be paid a 4.75% commission for each license sold electronically, except for those licenses with fixed commissions as shown below.

2. Division agents shall be paid a 5% commission for each pass sold electronically. 3. Division agents who sell registrations shall be paid a flat rate of $1.00 per registration

issued. 4. Fixed Commissions:

Division Product Type 2017 License Fee

2017 Commission

2018 License Fee

2018 Commission

Second Rod Stamp $5.00 $.31 $5.00 $.31 Fishing - 1 day $8.00 $.62 $8.00 $.62 Fishing - 5 day $20.00 $1.23 $20.00 $1.23 Small Game - 1 day $10.00 $.62 $10.00 $.62 Nonresident Deer $385.00

$13.50

$395.00

$13.90

Nonresident Pronghorn $385.00

$13.50

$395.00

$13.90

Nonresident Bear $350.00 $12.95 $350.00 $12.95 Nonresident Mountain Lion $350.00 $12.95 $350.00 $12.95 Nonresident Antlerless Elk $480.00

$13.50

$495.00

$17.55

Nonresident Either-sex Elk $640.00

$22.70

$660.00

$23.40

Nonresident Antlered Elk $640.00

$22.70

$660.00

$23.40

Nonresident Rocky Mtn Bighorn Sheep

$2,145.00

$74.95

$2,210.00

$77.25

Nonresident Desert Bighorn Sheep

$1,430.00

$50.05

$1,470.00

$51.60

Nonresident Goat $2,145.00

$74.95

$2,210.00

$77.25

Nonresident Moose $2,145.00

$74.95

$2,210.00

$77.25

All 2017 licenses sold through March 2018 shall be sold at the 2017 license fee and commission rates.

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B. Commission Rates for the System Agent: The system agent shall be paid the commissions shown in the table below for each license sold through the system:

1. Fixed Commissions:

Division Product Sale Type Commission

07/01/2008 - 06/30/2010

07/01/2010 - 06/30/2011

07/01/2011 - 06/30/2012

07/01/2012 -12/31/2016*

Division products sold through point of sale terminals $1.29 $1.32 $1.34 $1.35 Division products sold through the Internet $2.00 $2.00 $2.00 $2.00

Division products sold by telephone $2.37 $2.37 $2.37 $2.37 Limited Licenses fulfillment $1.00 $1.00 $1.00 $1.00 *The Commission rates for 2018 will remain as listed until the new IPAWS system goes live.

a. For Internet and telephone sales, the system agent shall receive an additional

2.2 percent of the cost of any wildlife product.

The Commission rates for the licensing system agent after the IPAWS system goes live will be:

2. Commission pricing for any CPW Commissionable Product sold through IPAWS Commission Rates Wildlife

Products a. Contractor Commission Fee percent commission rate to cover AWO System

operation and maintenance cost for those products less than $100 and not listed below in c.

3.7%

b. Contractor Commission Fee flat fee commission rate to cover AWO System operation and maintenance cost for those products $100 or greater and not listed below in c.

$4.25

c.1. All Wildlife Applications, regardless of Product Cost. $4.25 c.2. Parks variable cost products, regardless of actual Product Cost. n/a Breakout Costs Contractor credit card fee 2.2% Contractor fulfillment fee $1.45

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Chapter W-15 - Division Agents

Basis and Purpose Statement: H.B. 00-1448, which was passed into law in May 2000, provided for the annual adjustment of nonresident big game license fees based on the Consumer Price Index (CPI): "The nonresident big game fees described in subsection (1.4) of this section shall annually be adjusted in accordance with changes in the United States Bureau of Labor Statistics Consumer Price Index for the Denver-Boulder-Greeley consolidated metropolitan statistical area for all urban consumers, all goods, or its successor index." §33-4-102 (1.6)(b) C.R.S. Consumer Price Indices for the Denver-Boulder-Greeley metropolitan statistical area are compiled by the United States Bureau of Labor Statistics. H.B. 01-1249 subsequently provided authority for the Parks and Wildlife Commission to modify agent commission rates. While not required by statute, the Commission has historically modified agent commission rates according to the CPI-based changes made annually in Chapter W-2 to non-resident big game licenses. Only license prices that are adjusted with CPI have adjusted commission rates. The chart below shows the average CPI for the first half of each year.


First Half 2002 184.600 First Half 2003 187.800 Annual Percentage Change 1.7% First Half 2004

186.500

Annual Percentage Change -0.7% First Half 2005

189.200

Annual Percentage Change 1.4% First Half 2006 196.300 Annual Percentage Change 3.8% First Half 2007

201.258

Annual Percentage Change

2.5% First Half 2008 208.741 Annual Percentage Change 3.7% First Half 2009

207.444


210.978


219.055


222.960


229.142


235.736


238.086


245.191

Annual Percentage Change 3.0%

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First Half 2017

252.760 Annual Percentage Change 3.1% Cumulative Percentage Change (Rounded) 36.9% Source: U.S. Dept of Labor/Bureau of Labor Statistics

The primary statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-106, C.R.S. EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JANUARY 1, 2018 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 16TH DAY OF NOVEMBER, 2017.



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FILING – 11/30/2017

FINAL REGULATIONS - CHAPTER P-7 - PASSES, PERMITS AND REGISTRATIONS

# 708 - PASS AND PERMIT FEE SCHEDULE

8. The fees associated with the reservation system for phone or internet sales are as follows:

a. Campsite, cabin and yurt reservation fee…………………$10.00/campsite, cabin or yurt

b. Each reservation change or cancellation………………….$6.00/each

(1) For cancellations made fourteen days or more prior to the beginning date of the reservation, the campsite reservation fee will be retained and the cancellation fee will be charged.

(2) For cancellations made less than fourteen days prior to the beginning date of the reservation, the campsite reservation fee will be retained and the first night's camping fee will be charged.

c. On-park facility reservation fee…………………..………...$10.00/facility

(1) For group camping areas, group picnic areas, and event facilities, the cancellation fees shall be as described in regulations # 704, # 706, and # 708, respectively.

#717 – AGENT COMMISSION RATES See also §33-4-101 C.R.S. relative to CPW agents and §33-4-102(1.6)(b) C.R.S. for price indexing information for nonresident big game licenses.

A. Commission Rates for Retail Agents:

1. Retail agents shall be paid a 4.75% commission for each license sold electronically, except for those licenses with fixed commissions as shown below.

2. Retail agents shall be paid a 5% commission for each pass sold electronically. 3. Agents who sell registrations shall be paid a flat rate of $1.00 per registration issued. 4. Fixed Commissions:

Division Product Type

2017 Fee

2017 Commission

2018 Fee

2018 Commission

Second Rod Stamp $5.00 $.31 $5.00

$.31

Fishing - 1 day $8.00 $.62 $8.00

$.62

Fishing - 5 day $20.00

$1.23

$20.00

$1.23

Small Game - 1 day $10.00

$.62

$10.00

$.62

Nonresident Deer

$385.00

$13.50

$395.00

$13.90

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Nonresident Pronghorn

$385.00

$13.50

$395.00

13.90

Nonresident Bear $350.00

$12.95

$350.00

$12.95

Nonresident Mountain Lion $350.00

$12.95

$350.00

$12.95

Nonresident Antlerless Elk

$480.00

$13.50

$495.00

$17.55

Nonresident Either-sex Elk

$640.00

$22.70

$660.00

$23.40

Nonresident Antlered Elk

$640.00

$22.70

$660.00

$23.40

Nonresident Rocky Mtn Bighorn Sheep $2,145.00

$74.95

$2,210.00

$77.25

Nonresident Desert Bighorn Sheep $1,430.00

$50.05

$1,470.00

$51.60

Nonresident Goat $2,145.00

$74.95

$2,210.00

$77.25

Nonresident Moose $2,145.00

$74.95

$2,210.00

$77.25

All 2017 licenses sold through March 2018 shall be sold at the 2017 license fee and commission rates.

B. Commission Rates for the System Agent: The system agent shall be paid the commissions shown in the table below for each license sold through the system: 1. Fixed Commissions:

Division Product Sale Type

Commission 07/01/2008 - 06/30/2010

07/01/2010 - 06/30/2011

07/01/2011 - 06/30/2012

07/01/2012 - 12/31/2016*

Division products sold through point of sale terminals

$1.29

$1.32

$1.34

$1.35

Division products sold through the Internet

$2.00 $2.00 $2.00 $2.00

Division products sold by telephone $2.37 $2.37 $2.37 $2.37

Limited Licenses fulfillment $1.00 $1.00 $1.00 $1.00 *The Commission rates for 2018 will remain as listed until the new IPAWS system has been implemented.

a. For Internet and telephone sales, the system agent shall receive an additional

2.2 percent of the cost of any wildlife product.

# 718 – REGISTRATIONS-ONLY AGENTS

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1. Registration-only agents: except for agents exempted from surety requirements in accordance with C.R.S. 33-12-104(9) when cash sales are made to financially secured agents they shall be subject to the following conditions:

a. Purchase of accountable inventory registrations shall be made at the designated Division office or by submitting funds by mail to the designated address. Funds submitted for purchase must be in the exact amount of the Division’s share for the number of registrations;

b. All mail orders shall be placed on forms supplied by the Division.

c. Redemption of unsold registrations may be made at the designated Division office or by submitting unsold registrations to the Division by mail.

d. The termination procedures of registration agents who purchase registrations for

cash shall include having the agent turn over to the Division or its representative all unsold registrations.

e. Yearly submit final payment and return all unused accountable inventory by no later than November 15. Registrations may be carried over from year to year unless otherwise notified by the Division, in which case instructions will be given as to return/payment deadlines.

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Chapter P-7 - Passes, Permits and Registrations

Basis and Purpose: H.B. 00-1448, which was passed into law in May 2000, provided for the annual adjustment of nonresident big game license fees based on the Consumer Price Index (CPI): "The nonresident big game fees described in subsection (1.4) of this section shall annually be adjusted in accordance with changes in the United States Bureau of Labor Statistics Consumer Price Index for the Denver-Boulder-Greeley consolidated metropolitan statistical area for all urban consumers, all goods, or its successor index." §33-4-102 (1.6)(b) C.R.S. Consumer Price Indices for the Denver-Boulder-Greeley metropolitan statistical area are compiled by the United States Bureau of Labor Statistics. H.B. 01-1249 subsequently provided authority for the Parks and Wildlife Commission to modify agent commission rates. While not required by statute, the Commission has historically modified agent commission rates according to the CPI-based changes made annually in Chapter W-2 to non-resident big game licenses. Only license prices that are adjusted with CPI have adjusted commission rates. The chart below shows the average CPI for the first half of each year.


First Half 2002 184.600 First Half 2003 187.800 Annual Percentage Change 1.7% First Half 2004

186.500


189.200

Annual Percentage Change 1.4% First Half 2006 196.300 Annual Percentage Change 3.8% First Half 2007

201.258

Annual Percentage Change

2.5% First Half 2008 208.741 Annual Percentage Change 3.7% First Half 2009

207.444


210.978


219.055


222.960


229.142


235.736


238.086

Annual Percentage Change 1.0%

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First Half 2016

245.191 Annual Percentage Change 3.0% First Half 2017

252.760

Annual Percentage Change 3.1% Cumulative Percentage Change (Rounded) 36.9% Source: U.S. Dept of Labor/Bureau of Labor Statistics

The primary statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Parks Act, §§ 33-10-101 to 33-33-113, C.R.S., and specifically including, but not limited to: §§ 33-10-106 and 33-10-107, C.R.S. EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JANUARY 1, 2018 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 16TH DAY OF NOVEMBER, 2017.



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FIILNG – 11/30/2017

FINAL REGULATIONS - CHAPTER W-3 - FURBEARERS and SMALL GAME, EXCEPT MIGRATORY BIRDS


#300 - Definitions

A. "Canada Lynx Recovery Area" means the area of the San Juan and Rio Grande NationalForests and associated lands above 9,000 feet extending west from a north-south linepassing through Del Norte and east from a north-south line passing through Dolores and fromthe New Mexico state line north to the Gunnison basin (including Taylor Park east to theCollegiate Range). The GMUs included in the area are: 55, 65, 66, 67, 68, 70, 71, 74, 75, 76,77, 78, 79, 80, 81, 551, 681, 711 and 751.

B. "Furbearers" means those species with fur having commercial value and which provideopportunities for sport harvest including mink, pine marten, badger, red fox, gray fox, swift fox,striped skunk, western spotted skunk, beaver, muskrat, long-tailed weasel, short-tailedweasel, coyote, bobcat, opossum, ring-tailed cat and raccoon.

C. “Live Trap (Cage or Box)” means a mechanical device designed in such a manner that theanimal enters the trap through a door that closes, preventing the animal from exiting.

D. "Small game, except migratory birds," means:

1. Game birds, including grouse, ptarmigan, pheasant, quail, partridge, Greater prairie-chicken and wild turkey; and

2. Game mammals, including cottontail rabbit, snowshoe hare, jackrabbit, fox squirrel, pinesquirrel, and Abert's squirrel; and

3. Other small game, including prairie dogs, Wyoming (Richardson's) ground squirrel,prairie rattlesnake, and common snapping turtles.

NOTE: “Migratory Birds” is defined in regulation #500(A).

E. “Traps specifically designed not to kill” means padded, laminated, or off-set steel jawedfoothold traps, enclosed foothold, box traps, and cage traps, as conditioned elsewhere inthese regulations.

#301 - LICENSE FEES

A. Furbearer License Fee

1. Furbearer License Fee Reduction:In accordance with the provisions of §33-4-102, C.R.S., the following furbearer licensefees shall be reduced to the fee specified herein, from the level set forth in §33-4-102,C.R.S.:

License Type License Fee

Resident Furbearer $20.00

Attachment 3

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Nonresident Furbearer $55.00 #302 - Hours

A. Hunting Hours:

1. Small Game - from one-half (1/2) hour before sunrise to sunset. 2. Furbearers - from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset.

Additionally; beaver, bobcat, coyote, gray fox, raccoon, red fox, striped skunk, and swift fox may be hunted at night in accordance with Regulation #'s 303(E)(7) and (E)(8).

B. Trapping Hours:

1. Small game, except game birds; game reptiles, and furbearers - day or night.

2. All traps and snares must be visually checked on site at least once every day; except that

traps and snares used in accordance with the provisions of 33-6-204, C.R.S. (General Exemptions); 33-6-205, C.R.S. (Exemption for Departments of Health); 33-6-206, C.R.S. (Nonlethal Methods Exemptions); or 33-6-207, C.R.S. (Exemptions for Protection of Crops and Livestock; all of which are exemptions authorized by Article XVIII, Section 12, of the Colorado Constitution); in the Canada lynx recovery area or on properties known to be occupied by Canada lynx must be checked every 24 hours.

a. Visual lures, fresh meat baits, fish oil, and anise oil lures meant to attract felids are

not permitted in the Canada lynx recovery area or on properties known to be occupied by Canada lynx.

#303 - Manner of Take:

The following are legal methods of take for game species listed in this chapter. Any method of take not listed herein shall be prohibited, except as otherwise provided by Statute or Commission regulation or by 35-40-100.2-115, C.R.S.

A. Special Conditions

1. Contests Involving Small Game or Furbearers are allowed, except:

a. No person shall advertise, conduct, offer to conduct, promote or participate in any

competitive event which involves:

1. The taking of any small game or furbearer species for which the daily bag or possession is unlimited, including but not limited to coyotes and prairie dogs. Provided, however, that such events are allowed if no more than five (5) of each species are taken by each participant during the entire event.

2. The taking of marked or tagged small game released as part of such contest and where money or other valuable prizes are awarded for the taking of such small game and game birds. “Valuable prizes” shall not include certificates or other similar tokens of recognition not having any significant monetary value.

b. Commercial and noncommercial wildlife parks and field trials licensed by the Division

are exempt from these provisions.

2. Live Capture

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a. Furbearers captured in live traps cannot be moved from the capture site and must be killed or released on site when the trap is checked.

3. Accidental Capture - Except for Canada lynx, which are subject to the provisions of

Chapter 10, any person accidentally trapping any wildlife for which the trapping season is closed or for which trapping is not a legal manner of taking, shall, in the event of live capture of such wildlife, release such wildlife immediately, with or without the assistance of the Division. Nothing in this section permits the killing of such accidentally captured wildlife. In the event of mortality resulting from such accidental capture, the carcass of such wildlife shall be delivered to a Division Wildlife officer or office within five (5) days. Failure to deliver the carcass shall be prima facie evidence of unlawful possession of such wildlife. Provided further that any trapper who complies with this provision shall not be charged with illegal possession of such accidentally captured wildlife

4. Non-toxic shot requirements

a. Arapaho National Wildlife Refuge (Jackson County).

No person shall use or possess shot (either in shot-shells or as loose shot for muzzle-loading) other than non-toxic shot while taking or attempting to take any resident small game species with a shotgun. “Non-toxic shot” - means any shot type approved for use to take migratory game birds by the US Fish and Wildlife Service as set forth in #500 of these regulations.

5. Labeling of traps - All live traps (limited to cage or box traps) placed on public lands must be labeled permanently and legibly with the trapper’s Customer Identification Number (CID) in a location that is visible without having to manipulate the live trap in any way. If the trapper does not have a CID, all live traps placed on public lands must be labeled with the trapper’s name. Live traps not properly labeled may be confiscated by any Wildlife Officer.

B. Game Mammals

1. Any rifle or handgun.

2. Any shotgun not larger than 10 gauge, incapable of holding more than three (3) shells in

magazine and chamber combined.

3. Handheld bows and crossbows.

4. Air guns and slingshots.

5. Hawking

C. Game Birds, except Migratory Birds

1. Any rifle or handgun for dusky (blue) grouse, ptarmigan or turkey during the fall and late seasons. Rifles and handguns used for the taking of turkeys shall use bullets of at least seventeen (17) grains in weight, with a manufacturer's energy rating of at least one-hundred ten (110) foot pounds at one-hundred (100) yards from the muzzle.

2. Shotguns not larger than 10 gauge not firing a single slug, and incapable of holding more

than three (3) shells in the magazine and chamber combined. No shot (lead or steel) larger than size #2 shall be used to hunt turkey.


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4. Air guns and slingshots for dusky (blue) grouse and ptarmigan.

5. Hawking.

6. Artificial decoys and calls, except recorded or electrically amplified calls or sounds; for

turkey.

D. Species listed in #300(D)(3).

1. Any method not otherwise prohibited.

E. Furbearers

1. Any rifle or handgun.

2. Any shotgun.


4. Live traps, limited to cage or box traps. 5. Any air gun, except that for coyote or bobcat the air gun must be a pre-charged

pneumatic air gun .25 caliber or larger.

6. Electronic call devices, during legal hunting hours.

7. Artificial light (private land) may be used at night to take beaver, bobcat, coyote, gray fox, raccoon, red fox, striped skunk and swift fox on private land with permission of the landowner or his designated agent.

8. Artificial light (public land) may be used at night to take beaver, bobcat, coyote, gray fox,

raccoon, red fox, striped skunk and swift fox on public lands by permit only, as follows:

a. Each permit shall be valid only for the time, species, and location specified on the permit. No permit will be valid during any deer, elk or pronghorn rifle season or during the 24-hour period prior to the opening weekend; nor during the opening weekend of any grouse, pheasant, quail, turkey or waterfowl season in those areas where such seasons are in progress.

b. An artificial light which is permanently attached to, or projected from within a vehicle is prohibited.

c. Taking shall not be permitted within 500 yards of a dwelling, building, or other structure, or in any area of public concentration where human safety would be jeopardized.

d. Such permit shall be carried while hunting and available for inspection upon demand. e. Area wildlife managers and district wildlife managers may deny a permit where there

is a potential that night hunting activities may result in significant adverse impact on wildlife resources by causing movement of large numbers of big game or otherwise.

Provided further that night hunting permits for bobcat will not be issued on public lands in the Canada lynx recovery area where Canada lynx are known to be present. When one Canada lynx has been taken by a bobcat hunter during the current year's hunting season no night hunting permits for bobcat will be issued for the remainder of the calendar year in the Canada lynx recovery area or in the area outside the Canada lynx recovery area where the Canada lynx was taken. In such instance, any night hunting permits for bobcat already issued under this provision shall be terminated.

f. A permit shall not be required of any person, member of the person's family, lessee,

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agent, designee, or any employee of the person when necessary to protect such person's property.

9. Baits

a. Furbearers may be taken with the aid of baiting. Where permitted, baits shall consist solely of material of animal or plant origin and shall not contain any materials of metal, glass, porcelain, plastic, cardboard or paper. Wildlife used as bait shall be the carcass, or parts thereof, of legally taken furbearers, carp, shad, white and longnose suckers, and nonedible portions of legally obtained game mammals, birds and game fish.

#304 - License Requirements

Except as provided in 33-6-107(9) C.R.S., the following license requirements shall apply:

A. A small game license is required to take those species defined in #300(D) as small game,

except wild turkey.

B. A small game or a furbearer license is required to take those species defined in #300(A) as

furbearers. Coyotes may be taken without a license during any big game season provided that the hunter has an unfilled big game license for that season and unit. Manner of take must be the same as that of the big game license.

C. A turkey license is required to take wild turkey. D. Common snapping turtles may be taken with either a small game license or a fishing license.

E. Each hunter must call 1-866-COLOHIP (1-866-265-6447) or register online

(www.colohip.com) prior to their first hunting trip of the season to register their intent to hunt small game or furbearers. For the purposes of this regulation, “season” means the period September 1 through March 15.

#305 - Evidence of Sex/Species

Refer to General Provisions #003.

ARTICLE II - SMALL GAME SEASON DATES, UNITS (AS DESCRIBED IN CHAPTER 0 OF THESE REGULATIONS), BAG AND POSSESSION LIMITS, LIMITED LICENSES AND PERMITS

#306 - Cottontail Rabbit, Snowshoe Hare, White-tailed & Black-tailed jackrabbit

A. Season Dates and Units

1. Statewide: October 1 - end of February annually. 2. Extended Falconry and Dog Pursuit Season - Statewide: September 1 - March 31

annually. B. Daily Bag and Possession Limits

1. Daily Bag Limit - Ten (10) cottontail rabbits, ten (10) snowshoe hares, ten (10)

jackrabbits. 2. Possession Limit: Twenty (20) cottontail rabbits, twenty (20) snowshoe hares, and twenty

(20) jackrabbits.

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http://www.colohip.com/

#307 - Abert's Squirrels


1. Statewide: November 15 - January 15 annually.

B. Daily Bag and Possession Limits

1. Daily Bag Limit - Two (2) squirrels. 2. Possession Limit - Four (4) squirrels.

#308 - Fox Squirrel and Pine Squirrels


1. Statewide: October 1 - end of February annually. 2. Extended Falconry Season - Statewide: September 1 - March 31 annually.


1. Daily Bag Limit - Five (5) fox squirrels and five (5) pine squirrels.

2. Possession Limit - Ten (10) fox squirrels and ten (10) pine squirrels.

#309 - Wyoming (Richardson's) ground squirrel, and black-tailed, white-tailed, and Gunnison prairie dogs A. Season Dates and Units

1. Wyoming ground squirrel: a. Statewide: January 1 - December 31 annually. 2. Black-tailed, white-tailed and Gunnison prairie dogs:

a. Public Land: June 15 - end of February annually. b. Private Land: January 1 - December 31 annually.

#310 - Common Snapping Turtle


1. Statewide: April 1 - October 31 annually.


1. There shall be no bag or possession limit. #311 - Marmot


1. Statewide: August 10 - October 15 annually.

B. Daily Bag and Possession limits

1. Daily Bag Limit - Two (2) marmots. 2. Possession limit - Four (4) marmots.

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#312 - Prairie Rattlesnake


1. Statewide: June 15 - August 15 annually.


1. Daily Bag Limit - Three (3) snakes. 2. Possession Limit - Six (6) snakes.

C. Nothing in this section is intended to interfere with or prohibit the lawful protection of life or

property as provided for in Section 33-6-107(9), C.R.S.

#313 - Dusky (Blue) Grouse

A. Season Dates and Units 1. West of U.S. Interstate 25.

a. September 1 - November 19, 2017. b. Extended Falconry Season: September 1 - March 31 annually.


1. Daily Bag Limit - Three (3) birds. 2. Possession Limit - Nine (9) birds.

#314 - White-tailed Ptarmigan


1. Statewide except units 44, 45, 53, 54, 66, 67, 68, 70, 71, 74, 75, 76, 77, 78, 79, 80, 81,

444 and 751. a. September 9 - October 1, 2017.

b. Extended Falconry Season: September 1 - March 31 annually. 2. Units 44, 45, 53, 54, 66, 67, 68, 70, 71, 74, 75, 76, 77, 78, 79, 80, 81, 444 and 751.

a. September 9 - November 19, 2017. b. Extended Falconry Season: September 1 - March 31 annually.


1. Daily Bag Limit - Three (3) birds. 2. Possession Limit - Six (6) birds.

#315 - Greater Sage-grouse

A. Season Dates, Units and Limits, Except North Park

1. Units 2, 3, 4, 5, 10, 11, 13, 18 except that portion of unit 18 east of Colo 125 in Grand County, 27, 28 except that portion of GMU 28 north and east of Grand Co Rd 50 (Church Park Rd), 37, 181, 201, 211, 301 and 441. a. September 9 - September 15, 2017. b. Extended Falconry Season: September 1 - January 31 annually.

2. Daily Bag and Possession Limits a. Daily Bag Limit - Two (2) birds.

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b. Possession Limit - Four (4) birds.

B. Season Dates, Units and Limits, North Park

1. Units 6, 16, 17, 161, and 171. a. September 9 - September 10, 2017. b. Extended Falconry Season: September 1 - January 31 annually.

2. Daily Bag and Possession Limits a. Daily Bag Limit - Two (2) birds. b. Possession Limit - Two (2) birds.

#316 - Gunnison Sage-grouse


1. None.


1. Daily Bag Limit - None. 2. Possession Limit - None.

#317 - Mountain Sharp-tailed Grouse

A. Season Dates and Units.

1. Closed statewide except: Units 4, 5, 12, 13, 14, 131, 211, 214, and 441.

a. September 1 - September 17, 2017. b. Extended Falconry Season: September 1 - January 31 annually.


1. Daily Bag Limit - Two (2) birds. 2. Possession Limit - Four (4) birds.

#318 - Chukar Partridge


1. Statewide: September 1 - November 30, 2017. 2. Extended Falconry Season - Statewide: September 1 - March 31 annually.


1. Daily Bag Limit - Four (4) birds. 2. Possession Limit - Twelve (12) birds.

#319 - Pheasant


1. East of I-25: November 11, 2017 - January 31, 2018. 2. West of I-25: November 11, 2017 - January 7, 2018. 3. Extended Falconry Season - Statewide: September 1 - March 31 annually.


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1. Daily Bag Limit - Three (3) cocks. 2. Possession Limit - Nine (9) cocks.

C. Extended Falconry Season Daily Bag and Possession Limits

1. Daily Bag Limit - Three (3) birds. 2. Possession Limit - Nine (9) birds.

#320 - Quail (Northern Bobwhite, Scaled, Gambel's)


1. East of U.S. Interstate 25 and south of Interstate 70 from I-25 to Byers and U.S. Highway 36 from Byers to the Kansas line, and those portions of Pueblo, Fremont, Huerfano, El Paso and Las Animas counties lying west of I-25:

November 11, 2017 - January 31, 2018. 2. East of U.S. Interstate 25 and north of Interstate 70 from I-25 east to Byers and U.S.

Highway 36 from Byers to the Kansas line: November 11, 2017 - January 7, 2018.

3. West of U.S. Interstate I-25, except Pueblo, Fremont, Huerfano, El Paso and Las Animas counties:

November 11, 2017 - January 7, 2018. 4. Extended Falconry Season - Statewide: September 1 through March 31 annually.


1. Daily Bag Limit - Eight (8) quail of each species. 2. Possession Limit - Twenty-four (24) quail of each species.

#321 - Greater Prairie-Chicken

A. Season Dates and Units.

1. Closed statewide except: Units 93, 97, 98, 100, 101 and 102. a. October 1, 2017 - January 7, 2018.

B. Annual Bag and Possession Limits

1. Annual Bag Limit - Two (2) birds. 2. Possession Limit - Two (2) birds.

#322 - Wild Turkey

A. Season Bag and Possession Limits

1. The bag and possession limit for each season annually shall be as provided below.

a. Spring Season - The limit shall be two bearded turkeys in the spring for those persons who possess a limited spring license. One turkey must be harvested on the limited license and in the limited area. The additional bearded turkey must be harvested with an over-the-counter license.

b. Fall Season - The limit shall be one turkey of either sex. c. Late Season - The limit shall be two beardless turkeys.

2. In addition to the above bag and possession limits, a hunter may obtain any number of nuisance turkey licenses as provided in #322(F).

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3. In addition to the above bag and possession limits, a hunter may take one additional turkey with a Turn In Poachers (TIPS) license as provided in #002(H)(11)(b).

B. Applications for Limited Licenses

1. Application requirements a. No person shall submit more than one (1) application per season. b. Incomplete applications will not be accepted.

2. Drawing applications submittal a. Applications will be accepted by phone or internet only through the Division’s

electronic licensing system. b. Each drawing application shall include payment of a $3.00 non-refundable application

fee. Individuals successful in the draw with be charged for the limited license as well as a $.25 fee designated for search and rescue operations and a $.75 Public Education Advisory Council (PEAC) surcharge.

c. Spring season 1. Applications for limited licenses must be received by phone or online no later than

midnight, on the second Thursday in February annually. d. Fall season

1. Applications for limited licenses must be received by phone or online no later than midnight, on the second Thursday in July annually.

3. Preference systems a. Preference Points: Preference will be given for correct applications for first choice

hunt codes only and shall be subject to the following provisions: 1. One preference point will be awarded to each person who qualifies for and fails to

draw a limited license as a first choice in the drawing or who applies using a first choice hunt code established for the purpose of accumulating a preference point only. However, no applicant may accumulate more than two turkey preference points per calendar year.

2. Preference points will be used in future drawings for the same species and will continue to accumulate until the applicant draws a license as a first choice. If an applicant both fails to apply for a turkey license and has not purchased a turkey license during any given 10-year period, all accumulated preference points for turkey become void.

3. Applications receiving preference will be given priority over all applications with fewer points.

4. Group applications will receive preference at the level of the group member with the fewest accumulated points.

5. Unsuccessful and successful applicants in the drawing can check their current accumulated preference point totals online.

b. Hunting Licenses for Hunters with Mobility Impairments - The Director may make licenses valid in certain GMU's available to qualified hunters with mobility impairments. 1. Applicants for hunting licenses for hunters with mobility impairments must have a

mobility impairment resulting from permanent medical conditions, which makes it physically impossible for them to hunt without the assistance of an attendant. Evidence of an impossibility to participate in the hunt without the assistance of an attendant may include, but is not limited to, prescribed use of a wheel chair; shoulder or arm crutches; walker; two canes; or other prescribed medical devices or equipment.

2. Applications for hunting licenses for hunters with mobility impairments shall be made on the form, available from and submitted with the applicable license fee to, Colorado Parks and Wildlife, Limited License Office, 6060 Broadway, Denver, Colorado 80216. Hunters may apply from the Monday after the November Commission meeting through the last day of the spring season.

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3. Applications for hunting licenses for hunters with mobility impairments shall contain a statement from a licensed medical doctor or a certified physical, occupational, or recreational therapist describing the applicant’s mobility impairment and the permanent medical condition which makes it impossible for the applicant to hunt without the assistance of an attendant. Additional documentation may be required, if necessary to establish the applicant’s eligibility for a hunting license for hunters with mobility impairments. Once certified by the Division as mobility-impaired according to these regulations, applicants will not be required to submit the medical statement.

4. Ten (10) hunting licenses for hunters with mobility impairments will be available for the spring season, valid only on private lands in units 91, 92, and 96. The licenses will be valid for the season dates established for the authorized hunt code. Licenses for hunters with mobility impairments may not be issued for Ranching for Wildlife properties unless otherwise provided in the ranch contract.

c. Youth Outreach Hunting Licenses – The Director may make additional youth outreach program turkey licenses available to qualified organizations sponsoring youth hunting activities. 1. Youth Outreach licenses will be available for private land only. There will be no

more than 200 licenses issued annually under this subsection. 2. Licenses will be approved by the applicable Regional Manager on a case-by-case

basis. 3. Licenses are issued on a first come, first served basis to qualified organizations. 4. Organizations who wish to request a Youth Outreach license must submit the

request in writing to Colorado Parks and Wildlife, State Hunter Outreach Coordinator, 6060 Broadway, Denver, Colorado 80216 no later than 60 days prior to the planned hunting event.

5. Licenses are limited to youth hunters under 18 years of age.

C. Special Restrictions

1. Tagging Requirements a. When any person kills a turkey, that person must immediately detach, sign, and date

the carcass tag. Such tags must be attached to the carcass of the bird while it is transported in any vehicle, while in camp, at a residence, or other place of storage.

b. Such tags, when dated, signed and attached to the turkey lawfully taken or killed and lawfully in possession, authorizes the possession, use, storage, and transportation of the carcass, or any part thereof, within the state.

c. If the carcass tag is inadvertently or accidentally detached from the license or is lost or destroyed, the licensee must obtain a duplicate carcass tag before he can lawfully hunt with such license. The duplicate carcass tag may be obtained upon furnishing satisfactory proof as to the inadvertent or accidental nature of the detachment, loss, or destruction to Colorado Parks and Wildlife.

2. Spanish Peaks SWA a. Hunting during the spring turkey season shall be permitted only on Saturdays,

Sundays, Mondays and Tuesdays on the Spanish Peaks State Wildlife Area, except as provided in subparagraph b of this subsection.

b. For hunters with mobility impairments, hunting during the spring turkey season shall be permitted after the second weekend of the season on Wednesdays, Thursdays and Fridays, by special access permit only. For the purposes of this subparagraph, the following restrictions shall apply: 1. Applicants for access permits for hunters with mobility impairments must have a

mobility impairment resulting from permanent medical conditions, which makes it physically impossible for them to hunt without the assistance of an attendant. Evidence of an impossibility to participate in the hunt without the assistance of an attendant may include, but is not limited to, prescribed use of a wheelchair; shoulder or arm crutches; walker; two canes; or other prescribed medical devices

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or equipment. Applications will be accepted until the last day of the spring turkey season. Permits will be issued on a first-come, first-served basis, and will be limited to two (2) individuals during each Wednesday through Friday time period during the spring season.

2. Applications for access permits for hunters with mobility impairments shall be made on the form available from, and submitted to, Colorado Parks and Wildlife, Limited License Office, 6060 Broadway, Denver, Colorado 80216.

3. Applications for access permits for mobility-impaired hunters shall contain a statement from a licensed medical doctor or a certified physical, occupational, or recreational therapist describing the applicant’s mobility impairment and the permanent medical condition which makes it impossible for the applicant to hunt without the assistance of an attendant. Additional documentation may be required if necessary to establish the applicant’s eligibility for an access permit for hunters with mobility impairments. Once certified by the Division as mobility-impaired according to these regulations, applicants will not be required to submit the medical statement.

3. Higel and Rio Grande SWAs a. Turkey hunting access during the spring turkey season requires an access permit.

Access permits will be issued for each property, from the Division Office in Monte Vista through a hand drawing. Permit applications may be obtained from CPW, 0722 S. Road 1E, Monte Vista, CO 81144. Group applications will be accepted. No more than two (2) applicants per group. Application deadline is January 31 of each year. Successful applicants will be notified by mail. The date, time and location of the drawing will be included on the application.

4. Horsethief Canyon State Wildlife Area a. Turkey hunting access is limited to the spring turkey season and is restricted to youth

mentor turkey hunting only, by access permit only. Mentors are not allowed to hunt. Permit applications are available from Colorado Parks and Wildlife Northwest Region Service Center at 711 Independent Ave., Grand Junction, CO 81505, 970-255-6100. The application deadline is March 31. Successful applicants will be notified by mail.

5. Southwest Youth Turkey Extended Season Youths under 18 years of age may hunt turkey in GMUs 52, 54, 55, 60, 61, 62, 64, 65, 66, 67, 68, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 82, 83, 411, 521, 551, 681, 682, 711, 741, 751 and 771 from the Saturday before Thanksgiving through the Sunday after Thanksgiving, provided they possess an unfilled youth fall turkey license (including, but not limited to, hunt code TE000U3R), comply with applicable regulations for the hunt in which they participate, and are accompanied by a mentor. A mentor must be at least 18 years of age and comply with hunter education requirements. The mentor may not hunt.

D. Season Dates and Units - Unlimited Licenses.

1. Spring Seasons

Units Hunt Code Date Open Date Closed Licenses

001, 003, 004, 005, 006, 007, 008, 009, 010, 011, 012, 013, 014, 016, 017, 018, 019, 020, 022, 024, 028, 029, 031, 032, 033, 038, 039, 040, 041, 042, 046, 048, 049, 050, 051, 052, 053, 054, 055, 056, 057, 058, 059 except on the Beaver Creek SWA and the Table Mountain State Trust Land Lease, 060, 061, 062, 063, 064, 065, 066, 067, 068, 069, 070, 071, 072, 073, 074, 075, 076, 077, 078, 079, 082, 083, 084, 085, 086, 087, 088, 089, 090, 093, 094, 095, 097, 098, 099, 100, 104, 105, 106, 110,

TM000U1R 04/14/2018 05/27/2018 Unlimited

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111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 126, 128, 130, 131, 133, 134, 135, 136, 137, 138, 140 except on James M. John and Lake Dorothey State Wildlife Areas, 141, 142, 143, 144, 145, 146, 147, 161, 171, 181, 191, 211, 214, 231, 301, 391, 411, 421, 441, 461, 481, 500, 501, 511, 512, 521, 551, 561, 581, 591, 681, 682, 691, 711, 741, 751, 771, 791, 851 except the Bosque del Oso SWA, 861, 951, and private land portions of 91, 92, 101, 102, 103, 107, 109, 124, 125, 127, 129, 132, 139.

2. Fall Seasons Unit Hunt Code Open Date Close Date Licenses

001, 003, 004, 005, 006, 007, 008, 009, 010, 011, 012, 013, 014, 016, 017, 018, 019, 020, 022, 024, 028, 029, 031, 032, 033, 038, 039, 040, 041, 042, 043, 046, 048, 049, 050, 051, 052, 053, 054, 055, 056, 057, 058, 059 except on the Beaver Creek SWA and the Table Mountain State Trust Land Lease, 060, 061, 062, 064, 065, 066, 067, 068, 069, 070, 071, 072, 073, 074, 075, 076, 077, 078, 079, 082, 083, 084, 085 except on the Spanish Peaks State Wildlife Area, 086, 087, 088, 094, 104, 105, 110, 112, 113, 114, 116, 117, 118, 119, 121, 122, 123, 128, 130, 131, 133, 134, 135, 136, 137, 138, 140 except on the James M. John and Lake Dorothey State Wildlife Areas, 141, 142, 143, 144, 145, 147, 161, 171, 181, 191, 211, 214, 231, 301, 391, 411, 421, 441, 461, 481, 500, 501, 511, 512, 521, 551, 561, 581, 591, 681, 682, 691, 711, 741, 751, 771, 791, 851 except on the Bosque del Oso SWA, 861, 951, and private land portions of 101, 102,.

TE000U2R 09/01/2018 10/07/2018

and 10/26/2018

Unlimited West of I-

25 and GMU 140

and East of I-

25 (excluding GMU 140)

3. Private Land Only Late Seasons a. Private land only licenses are valid on all private land within the game management

unit upon which the license holder has permission to hunt.

Unit Hunt Code Open Date Close Date Licenses 112, 113 TF000U2R 12/15/2018 01/15/2019 Unlimited

E. Season Dates and Units - Limited Licenses and Limited License Areas. Limited licenses shall be valid only for the time period and game management unit(s) or area(s) indicated on the license.

1. Spring Season.

Unit Hunt Code Date Opened

Date Closed

Licenses Bearded Turkey

Only 2 TM002O1R 04/14/2018 05/27/2018 10

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1. Spring Season.


Date Closed


Only 15, 27,37 and 361 TM015O1R 04/14/2018 05/27/2018 15 21 TM021O1R 04/14/2018 05/27/2018 15 23 TM023O1R 04/14/2018 05/27/2018 10 25 TM025O1R 04/14/2018 05/27/2018 30 30 TM030O1R 04/14/2018 05/27/2018 100 30 - youth only TM030K1R 04/14/2018 05/27/2018 100 34 TM034O1R 04/14/2018 05/27/2018 20 35, 36 TM035O1R 04/14/2018 05/27/2018 10 43 TM043O1R 04/14/2018 05/27/2018 50 44 TM044O1R 04/14/2018 05/27/2018 30 47 TM047O1R 04/14/2018 05/27/2018 15 59 - Beaver Creek State Wildlife Area and Table Mountain State Trust Land Lease only

TM059O1R 04/14/2018 05/27/2018 25

80 TM080O1R 04/14/2018 05/27/2018 10 81 TM081O1R 04/14/2018 05/27/2018 10 91 TM091O1R 04/14/2018 05/04/2018 35 91, 92, 96, 101, 102-youth only TM091K1R 04/14/2018 05/27/2018 175 91 TM091O2R 05/05/2018 05/27/2018 35 92 TM092O1R 04/14/2018 05/04/2018 35 92 TM092O2R 05/05/2018 05/27/2018 35 96 TM096O1R 04/14/2018 05/04/2018 75 96 - private land only TM096P1R 04/14/2018 05/04/2018 150 96 TM096O2R 05/05/2018 05/27/2018 75 96 - private land only TM096P2R 05/05/2018 05/27/2018 150 101, 102 TM101O1R 04/14/2018 05/04/2018 40 101, 102 TM101O2R 05/05/2018 05/27/2018 40 103, 107, and 109 TM103O1R 04/14/2018 05/04/2018 50 103,107, and 109 TM103O2R 05/05/2018 05/27/2018 50 103, 107, 109 - youth only TM103K1R 04/14/2018 05/27/2018 40 124, 125, and 129 TM124O1R 04/14/2018 05/27/2018 15 124, 125, and 129 - youth only TM124K1R 04/14/2018 05/27/2018 15 127, 132 TM127O1R 04/14/2018 05/27/2018 20 139 TM139O1R 04/14/2018 05/27/2018 15 140 - Lake Dorothey State Wildlife Area only TM140O1R 04/14/2018 05/27/2018 55

140 - James John State Wildlife Area only TM140O2R 04/14/2018 05/27/2018 20

444 TM444O1R 04/14/2018 05/27/2018 35

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1. Spring Season.


Date Closed


Only 444 – Private Land Only TM444P1R 04/14/2018 05/27/2018 20 851 - Bosque del Oso State Wildlife Area only TM851O1R 04/14/2018 05/27/2018 35

Total 1665

2. Fall Season


Date Closed

Licenses Either Sex

15, 27, 37 and 361 TE015L1R 09/01/2018 10/07/2018

15

25 TE025L1R 09/01/2018 10/07/2018 10 34 TE034L1R 09/01/2018 10/07/2018 10 47 TE047L1R 09/01/2018 10/07/2018 25 59 - Beaver Creek State Wildlife Area and Table Mountain State Trust Land Lease only

TE059L1R 09/01/2018 10/07/2018 15

85 - Spanish Peaks State Wildlife Area - Oberosler Tract only TE085L1R 09/01/2018 10/07/2018 30

85 - Spanish Peaks State Wildlife Area – Dochter Tract only TE085L2R 09/01/2018 10/07/2018 30

85 -Spanish Peaks State Wildlife Area - Sakariason Tract TE085L3R 09/01/2018 10/07/2018 30

91 TE091L1R 09/01/2018 10/26/2018 50 91, 92, 96, 101, and 102 – youth only TE091K1R 09/01/2018 10/26/2018 50

92 TE092L1R 09/01/2018 10/26/2018 50 96 TE096L1R 09/01/2018 10/26/2018 125 101, 102 TE101L1R 09/01/2018 10/26/2018 50 103, 107, and 109 TE103L1R 09/01/2018 10/26/2018 80 103, 107, 109 - youth only TE103K1R 09/01/2018 10/26/2018 40 124, 125 and 129 TE124L1R 09/01/2018 10/26/2018 15 124, 125 and 129 - youth only TE124K1R 09/01/2018 10/26/2018 15 126, 146 TE126L1R 09/01/2018 10/26/2018 20 127, 132 TE127L1R 09/01/2018 10/26/2018 20 139 TE139L1R 09/01/2018 10/26/2018 15 140 - Lake Dorothey State Wildlife Area only TE140L1R 09/01/2018 10/07/2018 35

140 - James John State Wildlife Area only TE140L2R 09/01/2018 10/07/2018 10

444 TE444L1R 09/01/2018 10/07/2018 20

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2. Fall Season


Date Closed

Licenses Either Sex

851 - Bosque del Oso State Wildlife Area only TE851L1R 09/01/2018 10/07/2018 25

Total 785

F. Special Licenses for Nuisance Turkeys

1. The Director shall have the authority to establish special hunting seasons for turkeys, between December 1 and March 31 on an annual basis, when necessary to control nuisance turkeys. The Area Wildlife Manager will determine the type of license(s) (either-sex or hen only) most appropriate to control the conflict.

a. Nuisance turkey hunts are limited to a maximum of 50 licenses per landowner, per year.

1. The Area Wildlife Manager shall provide the landowner with special application forms for distribution to individuals of their choice. Participants shall submit the completed application form with payment to the Division office indicated on the application. Nuisance turkey licenses shall be sold at the fall season license price.

b. Prior to approving the hunt, the Division shall:

1. Verify that conflicts are occurring.

2. Designate what area shall be open to hunting.

3. Determine the manner of hunting that will be permitted.

4. Determine the number of hunters allowed to hunt in each designated area.

c. Hunting will be done under the direction of a District Wildlife Manager, following approval by the owner of land where such conflict is occurring.

d. Hunters shall hunt in designated areas and on the dates indicated on the license.

1. A map or a written description of the designated area open to hunting (which would include, but would not be limited to landowner(s) name, game manage-ment unit, township, range and section(s) and/or identification of landmarks such as roads, rivers, or fence lines which coincide with boundaries), will be provided to each licensed hunter by the Division.

e. Any person who purchases a license for a nuisance turkey season shall be required to complete a Division harvest survey form and return it to the Area office that is nearest the location of the hunt no later than 5 days after the season ends.

#322.5 - RANCHING FOR WILDLIFE – TURKEY

A. Implementation Authority

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1. The Director is authorized to implement the Ranching for Wildlife program, including the authority to determine ranch enrollment status, enter into cooperative agreements with ranches, establish and modify public and private season dates on each ranch, and establish and modify license allocations to each ranch including the subsequent distribution of licenses to the public and private share annually, and may establish additional Ranching for Wildlife operating guidelines subject to the following provisions.

B. Ranch Entry and Maintenance

1. Ranches must have a minimum of 10,000 acres of privately owned land in one

contiguous unit. Ranches that meet this 10,000-acre minimum requirement may include privately owned non-contiguous parcels in the program if the Director determines that their inclusion will contribute to meeting the performance standards for the ranch.

2. Ranches must develop a Ranching for Wildlife Management Plan that includes goals,

objectives, and strategies for achieving such goals and objectives for wildlife habitat management, species management, and public hunting management. The Management Plan must be approved by the Division prior to execution of a Cooperative Agreement for Ranching for Wildlife.

3. Ranches may not charge public hunters an access fee for hunting. 4. Except as agreed to in writing by the Division when necessary to meet the ranch

performance standards or as mutually agreed and contained in the Management Plan, ranches must provide for equality of access in terms of geographical area and mode of transportation for both public and private hunters. No closure or restriction of land or roads shall apply to public hunters that do not also apply to private hunters.

5. Public hunts must be established at a time when the species to be hunted are present

and available for harvest. No public seasons shall be established during times when normal winter conditions would prevent access to most of the ranch, nor when normal migration patterns of the species to be hunted result in the species having migrated off the ranch.

6. Ranches that establish coinciding or overlapping public and private hunts may not exclude

public hunters from any portion of the ranch due to the presence of private hunters. 7. The ranch and the Division will mutually agree to ranch rules regarding access to and

hunting on the ranch by public hunters. The ranch rules will be provided to hunters prior to seasons on the ranch in accordance with other provisions contained in this regulation.

C. Cooperative Agreements, Enrollment, Denial of Enrollment, Termination of Enrollment

1. The Division is authorized to enter into Cooperative Agreements with ranches. 2. Ranches may appeal enrollment decisions to the Parks and Wildlife Commission. 3. Cooperative Agreements shall incorporate approved Ranching for Wildlife Management

Plans as part of the Cooperative Agreement. 4. The Division shall periodically evaluate ranches for enrollment and contract performance,

and shall establish minimum performance standards for ranches enrolled in the program, including wildlife habitat management and improvement, public recreation opportunity and experience, and any factors intended to contribute to meeting turkey management objectives. Such performance standards shall be incorporated into the Cooperative Agreement with the ranch.

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D. Turkey Season Structures

1. Public and private spring season opening and closing date parameters.

a. Private seasons may not begin before April 1, nor extend beyond June 1. b. Public seasons may only be established within the opening and closing dates of the

regularly established spring season. c. Public hunting seasons shall be a minimum of ten (10) consecutive days.

2. Public and private fall season opening and closing date parameters. a. Public and private seasons may not begin before September 1, nor extend beyond

November 1. b. Public hunting seasons shall be a minimum of ten (10) consecutive days.

3. Manner of Take a. The manner of take for spring or fall RFW turkey seasons shall be the same as that

for regularly established spring or fall seasons.

E. License Allocation

1. A maximum of 100 bearded turkey licenses in the spring season and 100 either-sex turkey licenses in the fall season may be allocated to each ranch annually, and subsequently distributed to the public and private share according to paragraph b of this regulation.

2. The public shall receive a minimum of forty percent (40%) of the total number of licenses

allocated for each turkey season on each ranch. 3. License allocation for each ranch shall be approved by the Division and recommended to

the Director, based upon harvest objectives for the ranch jointly determined by the Division and the ranch, hunter crowding, enhancement of hunter harvest, and relative densities of the species on the ranch.

4. Substitution of licenses of one species or sex for licenses of another species or sex shall

not be permitted. 5. Landowner preference shall not be used for any public or private Ranching for Wildlife

license. F. Youth Licenses

1. The Division and the ranch may formulate and implement youth hunting opportunities on

any ranch through Division approved youth hunting programs. The Division must approve the youth hunting program on the ranch prior to any season or license allocation for such youth hunts.

2. A maximum of 15% of the total number of turkey licenses allocated for a ranch may be

allocated as youth hunting licenses on each ranch, over and above the total number of licenses allocated for a ranch.

3. Youth hunting seasons may occur at any time within the broad parameters for seasons

within the Ranching for Wildlife program. 4. Youth licenses shall be distributed to individual youth hunters by mechanisms of the

approved youth hunting program on the ranch. Youth licenses shall not count as either

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private or public licenses for purposes of calculating the relative share of other licenses allocated for the ranch.

G. License Distribution

1. Applications a. Applications for private hunter licenses stamped with the ranch name and season

dates shall be available to the landowner for distribution. b. Public hunter licenses shall be available through application and selection from the

Division during the annual limited license drawing process, except as provided in this regulation.

H. Special Restrictions

1. Unless otherwise provided in these Ranching for Wildlife regulations all hunters must comply with other applicable regulations, including, but not limited to, manner of take (except that private hunters may use any legal weapon during private seasons), hunting hours, application requirements and deadlines, bag limits, season participation, mandatory checks, OHV restrictions, and other generally applicable regulations for big game hunting.

2. A copy of the mutually agreed upon ranch rules will be provided to all public hunters prior

to their hunting season. All public hunters will be required to sign a statement acknowledging that they have read, understand, and agree to comply with all ranch rules, before the hunter is allowed access to the ranch. a. Compliance with ranch rules is a specific condition of the Ranching for Wildlife public

licenses and subsequent access to the ranch. In addition to criminal penalties, non-compliance with ranch rules constitutes grounds for suspension and revocation of the license and/or being prohibited from further participation in hunting on the ranch, and/or in the Ranching for Wildlife program as a public hunter.

b. Final determination on any legal action taken towards hunters found in non-compliance with ranch rules shall be made solely by officers of the Division. This includes any citation that may be issued for non-compliance with the provisions of a license, or directing a hunter to leave a ranch. Ranch personnel may not direct a hunter to leave a ranch without specific authorization of a Division officer.

#323 - Mink, pine marten, badger, gray fox, red fox, swift fox, raccoon, ring-tailed cat, striped

skunk, western spotted skunk, long-tailed weasel, short-tailed weasel, opossum, and muskrat


1. Statewide: November 1 - end of February annually.


1. Unlimited bag and possession.

#324 - Bobcat


1. Statewide: December 1 - end of February annually.


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1. Unlimited bag and possession. 2. Special Restrictions.

a. All bobcat, or their pelts, shall be personally presented by the licensee for inspection and must be sealed within 30 days after take, or within 5 days after the close of the season, whichever is sooner, with a seal provided by the Division. Any bobcat hide/pelt not having a seal within 5 days after the close of the season shall be illegal and become property of the State. Seals will only be placed on bobcat legally taken in Colorado. No fee shall be required for the inspection and issuance of a legal possession seal, which shall remain attached to the hide until processed. Bobcat hides/pelts shall not be transported, shipped or otherwise taken out of Colorado until the hide(s)/pelt(s) are inspected and sealed. The legal possession seal, when attached to the bobcat or the pelt, shall authorize possession, transportation, and sale thereof. For the purposes of this regulation it is illegal to buy, sell, trade, or barter an untanned bobcat hide/pelt unless a permanent seal is affixed thereto. Only one legal possession seal shall be provided for each hide/pelt.

#325 - Coyote


1. Statewide: January 1 - December 31 annually.


1. Unlimited bag and possession.

#326 - Beaver


1. Statewide, October 1 - April 30 annually.

B. Daily Bag and Possession Limits 1. Unlimited bag and possession.

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Chapter W-3 - Small Game - Furbearers

Basis and Purpose: Turkey regulations have been modified to update harvest limit quota numbers and season dates for 2018. Turkey harvest limit quotas and seasons are established to maintain healthy populations while at the same time providing recreational opportunity. Ongoing population analysis and management necessitates or makes possible reductions in turkey harvest in some Game Management Units and additional turkey hunting opportunity in others. These regulations have been modified to promote healthy turkey populations and provide for proper turkey management and recreational opportunity in accordance with the best available science. Removal of Methods of Take Restrictions for Fall Turkey Hunting in Units 91, 92, 96 and 951 In the 1980's a regulation on firearms was put in place to protect the Rio Grande Turkey population during the fall along the South Platte River. Over the past 30 years, the turkey population has grown and expanded in this area and landowners are now complaining about damage from large winter turkey flocks. The regulation which prohibited rifles or handguns for fall turkey hunting was limiting private landowner opportunity to harvest problem birds in GMUs 91, 92, 96 and 951. Removing this provision will provide additional opportunity for turkey harvest and remove barriers to participation and hunting opportunity on private lands. Adding Unit 1 to the Over-the-Counter Lists for Fall and Spring Turkey Hunting Turkeys have been gradually expanding their range since they were transplanted into GMU 2 in 2001 and 2002. Approximately 100 birds were released over this two-year period. The success of this transplant resulted in the establishment of a limited spring turkey season in GMU 2 in 2006. Despite the success turkeys have had establishing viable populations in the Douglas Mountain area in GMU 2, birds have not had the same success establishing a viable population in GMU 1. Instead field personnel occasionally observe turkeys utilizing areas throughout GMU 1 that move through the unit from GMU 2 and Utah. Since turkeys only occasionally use GMU 1, GMU 1 has been added to the spring and fall over-the-counter licenses lists to provide additional turkey hunting opportunity without the expectation from hunters of a large population of birds. Radium Basin Turkey Changes Since their introduction to the Radium Basin and Blue Valley Ranch beginning in 1999, Merriam’s turkeys have established a growing population of birds in the Colorado River watershed of the Radium Basin and the Blue River watershed below Green Mountain Reservoir. Turkeys have increased in number and have rebounded after difficult winters that have led to suspected significant bird mortalities. Turkey habitat in the Radium Basin is divided between GMU 15 and GMU 361, but the two units were previously separated into two separate hunt codes for spring turkey hunting, with GMU 361 associated with GMU 36 to the south. Based on the seasonal use by turkeys of higher timbered forests and adjacent lower Pinyon-Juniper ecosystems, CPW staff felt there was more movement of turkeys between GMU 361 and GMU 15 than there was between GMU 361 and GMU 36. GMU 361 also gets very little to no hunting pressure by T-M-035-O1-R license holders because of the low limited number of license holders compounded with restricted motor vehicle access to the White River National Forest by USFS road 401 and 402 until June 21 annually. Additionally, turkey use of GMU 361 during the spring season is mainly limited to private property holdings on Sheephorn Creek. The addition of GMU 361 to the T-M-015-O1-R hunt code for the spring season will allow more effective management of turkeys within the Radium Basin. Demand for the limited spring T-M-015-O1-R turkey license is also high with a three-year average of 100 applications for 10 licenses. This license has drawn out at 7 or 8 preference points over the last three years. Creation of a fall turkey season in GMUs 15, 27, 37, and 361 will allow for increased hunter opportunity to harvest a turkey before potential winter mortalities as well as allow hunters the opportunity

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to harvest a turkey in GMU 361 on public land. Fall turkey hunting access is also more widely available than spring hunting access in many portions of the Radium Basin. Special Licenses for Nuisance Turkeys High turkey abundance and concentrations in some areas is causing conflicts with agriculture and creating a nuisance in areas of rural/urban interface. The nature of this conflict ranges from concentrations of birds being a nuisance in a town to birds having an impact on agricultural crops and livestock feeding operations. Over the last several years, trap and translocation has been the primary management tool to deal with conflict birds with most translocated birds being moved to public lands where turkeys are already established. Trapping is often a short-term solution and has to be used on a periodic basis to manage populations. Having a flexible, lethal means to remove turkeys will help to reduce concentrations, generate revenue through the sale of licenses, and alleviate conflict in areas where moving turkeys with Mycoplasma sp. may be of concern. Issuance of dispersal licenses for turkey will not preclude the use of trap and transplant for the management of nuisance turkeys, but it will provide another management option in areas that may be conductive to lethal removal. The language for this regulation was modeled off regulation #271(B) which grants the Director authority to establish special hunting seasons for big game causing private property damage. Pay After You Draw Previously the Division charged license fees at the time of applying for limited licenses. In 2016 licensing met with Leadership and discussed a financial study that showed costs associated with customers paying for license fees when they apply. Colorado Parks and Wildlife receives approximately 500,000 applications a year and over half of those applications are refunded by printed checks. Charging after the draw would also allow for non-residents to apply for all licenses by all methods without CPW incurring credit card fees (approximately $360,000). Staff time and actual costs incurred in the previous process was estimated at costing the agency about 2.9 million dollars a year. Trapping Regulation Changes Regulated trapping can provide many benefits to the general public. Trapping can be an effective tool to reduce wildlife damage to crops and property, reduce threats to human health and safety, and even help restore, monitor and study wildlife populations. Trapping in Colorado is also highly regulated and constrained by the limitations set forth by Amendment 14 to the state constitution and state statutes. In February of 2017, Colorado Parks and Wildlife (CPW) assembled a trapping workgroup consisting of individuals from different branches within the agency as well as from the Colorado Department of Agriculture (CDA), United States Department of Agriculture (USDA), and the Colorado Trappers and Predator Hunters Association (CTPHA). This group was tasked with updating the trapping regulations within Chapter W-3 (Small Game) to incorporate new industry best management practices (BMPs), increase animal welfare, and make CPW regulations consistent with those of the CDA. An additional goal of the group was to make the regulations easier to understand and to potentially create companion education materials to help the average citizen navigate our complex trapping rules. The Division relied on the BMPs developed by the Association of Fish and Wildlife Agencies (AFWA) to make these recommended changes. These BMPs were developed based on sound science and research, evaluating traps and trapping methods to increase animal welfare, as well as improve efficiency, species selectivity and safety. Experts from all 50 states, including conservation groups, were involved in the development of these BMPs over a twenty-year period. Incorporating these BMPs into our trapping regulations will only improve traps and trapping systems in Colorado. The majority of the changes occurred within previous regulation #303.E related to the nuisance trapping of furbearers done in accordance with the provisions of 33-6-204, C.R.S (General Exemptions), 33-6-205, C.R.S. (Exemption for Departments of Health), 33-6-206, C.R.S. (Nonlethal Methods Exemptions) and 33-6-207, C.R.S (Exemptions for Protection of Crops and Livestock). Along with updating this regulation, the work group also recommended moving the majority of these items into Chapter W-17, to help avoid

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confusion with avocational trapping and since they are more closely related to wildlife damage. Additional nuisance wildlife regulations were also moved into Chapter W-17 from Chapters W-2, W-5 and W-10, creating one chapter containing all “Damage Caused by Wildlife” regulations, also resulting in the name change to the chapter. The one exception was previous regulation #303.E.8, related to the permitted taking of coyotes by aircraft. This regulation was moved into Chapter W-0 as it relates to the taking of coyotes for the protection of wildlife populations and is not applicable to wildlife damage or recreational small game hunting. Definitions for “drag”, “lethal cable device trap”, “live trap (cage or box)”, and “enclosed foothold trap”, were also added to regulation to provide more clarity on what these traps are. “Nuisance wildlife” has also been defined relative to these small game damage regulations. The terms “leghold”, “snare”, “instant kill body-gripping designed trap” and “nonlethal snare” were also replaced with the terms “foothold”, cable device trap”, “body grip device” and “nonlethal cable device trap” respectively, to align with the language within AFWA’s BMPs. Allowing the Take of Furbearers with Air Guns The harvest of small game mammals is permitted with an air gun. Also with a small game hunting license individuals may harvest furbearers, however, furbearers are not considered small game mammals and therefore air guns were previously not a valid manner of take for these species. This situation created complexity and confusion regarding the use of air guns as a manner of take.

In the last 10-15 years, public interest and available air gun technology have combined to change the face of hunting with air guns. Due to the evolving environment of air guns and the diversity of game species in Colorado, potential exists to define Colorado as a destination air gun hunting location.

Air gun hunting requires application of limited range hunting skills and ethics similar to those of archery, handgun, and muzzleloader hunting. This hunting method is all about accuracy and shot placement, and the current fraternities of air gun hunting enthusiasts understand and practice these principles. Concern over wounding loss is often expressed by those opposed to hunting with air guns. The selectable power settings available on some pre-charged pneumatic air guns has factored into this concern, with an assumption that hunters may select a “power” setting that is below the minimum threshold for the quarry. Hunters generally sight-in their air guns using the maximum power setting, and use this same power setting in the field to ensure accuracy, as well as to deliver the most lethal shot (highest energy) on any and all game in the field. Attempting to save air in the field via lower power is impractical and air gun hunters recognize this. Of the species listed as furbearers in Colorado, coyotes are the largest and require the most foot pounds of energy (FPE) for effective harvest. There are many variables that contribute to determining the minimum FPE required to take coyotes, however, 15 FPE seems to be a conservative minimum requirement for the most lethal shot placement to the head. Due to the variability within the furbearer category there was a need for more defined regulation in the take of furbearers with air guns as opposed to small game mammals to ensure responsible harvest. Therefore, staff recommended the .25 caliber minimum for coyotes and bobcats, the largest of Colorado’s furbearer species. Approximately 25 states allow the take of furbearers (including coyotes) with air guns. An additional 10 states allow the take of only coyotes with air guns and 10 states also allow the take of bobcat. Nationally, air guns are recognized as having hunter recruitment, retention, and marksmanship training value. This is evident by their use in 4-H, Junior ROTC, and Olympic shooting sports programs as well as others. The unique character of hunting with air guns (quiet, limited range projectiles, etc.) not only attracts hunters but also increase hunting opportunity and in many cases access for hunting. The primary statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-106, C.R.S. EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JANUARY 1, 2018 AND

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SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 16TH DAY OF NOVEMBER, 2017.


Acting Chairman


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1

FILING – 11/30/2017

FINAL REGULATIONS - CHAPTER W-8 - FIELD TRIALS AND TRAINING OF HUNTING DOGS


#800 - DEFINITIONS

See also 24-4-104 CRS, relative to public records and due process; importation, exportation, and release restrictions in Chapter 0 of these regulations; bird holding and release for hunting regulations and commercial wildlife park license regulations in Chapter W-11; and property specific regulations in Chapter W-9.

A. "Field Trial" means any hunting dog trial held under the rules of a dog or kennel club for thepurpose of gaining points toward a hunting dog championship, including any sanctionedpractice or training trial where there is organized competition; and any hunt test or otherperformance event in which hunting dogs compete against an accepted standard.

B. "Training" means the noncommercial act of a person(s) instructing a hunting dog(s) to followscent, point or flush birds, retrieve and respond to related verbal and nonverbal commands toimprove the dog's performance in hunting wildlife or for field trials. Merely exercising orconditioning a dog is not training. "Group training" means training involving 10 or more peopleand their associated hunting dogs.

#801 - LICENSE AND NOTIFICATION REQUIREMENTS

A. Division Properties

1. A field trial license must be obtained prior to holding any field trial or group training onany Division property. Participants in field trials may be charged a nominal fee by thelicensee to cover the costs associated with the field trial. Field trials and group training ofhunting dogs on Division properties may be held only as specified in Chapter W-9 ofthese regulations.

2. An annual dog training permit, valid from April 1 through March 31 must be obtained byeach individual intending to release and shoot privately-owned game birds during trainingon Division properties where such release is authorized in Chapter W-9 of theseregulations. A maximum of two dogs may be trained by an individual at any time. Nopermit is required for individual dog training by nine or fewer people who are notreleasing privately-owned game birds during training. Horses cannot be used duringindividual dog training.

B. Private Lands and Other Public Lands

1. No license is required to hold any field trial on private land, or on public lands managedby agencies other than Colorado Parks and Wildlife. However, the person sponsoringthe event is required to notify Colorado Parks and Wildlife on forms provided by theDivision at least 30 days in advance of the trial, providing the date, location, species andnumber of birds to be released. Such field trials may be held anywhere in the state, year-round, provided permission to hold such trial has been obtained from the owner of theproperty, person in charge, or land managing agency.

ARTICLE II - APPLICATION REQUIREMENTS AND PROCEDURES

#802 - FIELD TRIAL PERMIT APPLICATION REQUIREMENTS AND PROCESSING

Attachment 4

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2

A. Application Requirements

1. Prior to the processing of any license application, the applicant is required to submit the following: a. A completed application on forms provided by the Division, which shall include, at a

minimum: 1) information about the dates and type of trial, location, and name of property. 2) acreage needs and specific portion of property to be used, if known. 3) estimated minimum and maximum number of participants, dogs and horses. 4) species and number of game birds to be released. 5) anticipated impact to wildlife resources and habitat, including any actions

proposed to avoid or remediate such impact, if any. 6) anticipated conflict with other wildlife-related recreational activities, including

actions proposed to avoid or reduce such conflict, if any. b. Such application shall be accompanied by the statutory license fee. c. Nothing in this chapter shall preclude application for a field trial permit which may

authorize a field trial to be held during a closed season. 2. Applications to hold a field trial must be submitted to the Division at least sixty (60) days

but not more than 11 months prior to the date of the field trial. B. Criteria for Approval or Denial

1. Applications will be evaluated and approved, conditioned, or denied based on the following criteria: a. Significant adverse impact to wildlife resources or wildlife habitat. b. Irresolvable conflict with other wildlife-related recreational activities, including

established hunting or fishing seasons. c. Compliance with application requirements and other applicable regulations. d. Applicant's failure to comply with previous field trial license conditions, including, but

not limited to, post-field trial habitat rehabilitation requirements.

2. Conditions may include, but are not limited to: a. maximum number of participants and dogs. b. maximum number, use, and picketing of horses. c. type and scope of infrastructures specific to the field trials that would be required or

allowed. d. type and scope of vegetation management for the field trials that would be allowed,

including any rehabilitation requirements. e. the approach for dealing with time and space conflicts between field trials and

hunting seasons and other public uses. f. any other condition intended to avoid or reduce impact to wildlife resources or wildlife

habitat or avoid or reduce conflict with other wildlife-related recreational activities. 3. Previously issued licenses may be modified, suspended, or revoked based on the

following criteria: a. impact to wildlife resources or wildlife habitat beyond that identified and considered

as part of the application and license approval process. b. conflict with other wildlife-related recreational activities beyond that identified and

considered as part of the application and license approval process. c. failure to comply with any of the terms and conditions of the field trial license.

#803 - INDIVIDUAL DOG TRAINING PERMIT APPLICATION REQUIREMENTS AND

PROCESSING

A. Application Requirements

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3

1. Prior to the processing of any license application, the applicant is required to submit the

following: a. A completed application on forms provided by the Division, which shall include, at a

minimum: 1) the applicant's name and the name of the Division property to be used. 2) specific portion of property to be used, if known. 3) species of privately-owned game birds to be released.

b. Such application shall be accompanied by a nonrefundable $20 permit fee.

2. Applications must be submitted at least 30 days prior to the first anticipated training date of the year.

B. Criteria for Approval or Denial

1. Applications will be evaluated and approved, conditioned, or denied based on the following criteria: a. irresolvable conflict with other wildlife-related recreational activities, including

established hunting or fishing seasons. b. compliance with application requirements and other applicable regulations. c. applicant's failure to comply with previous dog training permit conditions.

2. Conditions may include, but are not limited to: a. specific portion of the property to be used. b. any other condition intended to avoid or reduce conflict with other wildlife-related

recreational activities.

3. Previously issued licenses may be modified, suspended, or revoked based on the following criteria: a. failure to comply with restrictions on the maximum number of participants and dogs. b. conflict with other wildlife-related recreational activities beyond that identified and

considered as part of the application and license approval process. c. failure to comply with any of the terms and conditions of the dog training permit.

#804 - RELEASE AND TAKING OF WILDLIFE

A. The only wildlife which may be released for field trials or hunting dog training are privately-

owned game birds. All releases must be done in accordance with the provisions of this chapter and other applicable regulations, including, but not limited to, #007, #008, and #009 of these regulations.

B. The person in charge of any field trial or dog training is authorized to designate official

gunners to kill, take, or attempt to kill or take game birds released during the field trial or training activity. A valid small game license is required for all designated gunners participating in dog training activities pursuant to this section.

C. The taking of any wildlife not authorized in accordance with this chapter shall immediately be

reported to the Division. ARTICLE III - TRAINING OF HUNTING DOGS FOR HUNTING

#805 - TRAINING ON WILDLIFE

A. Individuals may train hunting dogs on wild game birds from August 1st through April 15.

B. Only firearms shooting blank cartridges or shells shall be used while training hunting dogs on

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4

wild game when a hunting season is not in progress for such wildlife. C. The training of dogs on coyotes is permitted except from April 16 through July 15 of each

calendar year. D. The training of dogs on raccoons is permitted except from May 1 through June 30 of each

calendar year.

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1


Chapter W-8 - FIELD TRIALS

Basis and Purpose: In January 2012, Colorado Governor John Hickenlooper directed all state agencies to perform regulatory efficiency reviews. Executive Order D 2012-002 directed each department and state agency to undertake a periodic review of its existing rules. These changes constitute a regulatory clean-up of Chapter W-8 that resulted from the opening of this chapter for review from staff and the public. Specific changes include adjusting the dog training permit license year to April 1-March 31 to coincide with our small game license year, no longer allowing sub-permitees on training permits, and limiting each individual to training two dogs at any one time. The definition of “training” has also been modified to clarify that training is not merely exercising or conditioning a dog, but specifically means instructing a dog to follow scent, point or flush birds, retrieve and respond to commands. To ease the regulatory burden on the public, these revisions also include streamlining the application form and removing the annual reporting requirement. The primary statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Parks Act, §§ 33-10-101 to 33-33-113, C.R.S., and specifically including, but not limited to: §§ 33-10-106 and 33-10-107, C.R.S. EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JANUARY 1, 2018 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 16TH DAY OF NOVEMBER, 2017.


Acting Chairman ATTEST: Michelle Zimmerman Secretary DRAFT

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FILING – 11/30/2017 FINAL REGULATIONS - CHAPTER W-0 - GENERAL PROVISIONS ARTICLE I - DEFINITIONS

#000 – The following definitions supplement the statutory definitions found in the Wildlife Act including, but not limited to, those definitions found in section 33-1-102, C.R.S.

A. General Definitions Including Manner of Take Definitions

1. "Aggregate" when applied to bag and possession limits, means the total number of

species which are covered by such bag and possession limits. Any combination of the species may be possessed up to the total number established as the aggregate bag and possession limits.

2. “Air gun” means any rifle or handgun .177 caliber or larger firing pellets, slugs, or round

ball ammunition powered by high pressure air or compressed inert gas. This includes devices referred to as pellet guns or pneumatic weapons.

3. "Archery" means the use of a hand-held bow.

4. "Bag Limit" means the maximum number of wildlife which may be taken in a single day during an established open season. This includes any wildlife which are consumed or donated during the same day they were legally taken. The terms "bag limit," "daily bag" and "bag" are considered to have the same meaning.

5. "Baiting" means the placing, exposing, depositing, distributing, or scattering of any salt,

mineral, grain, or other feed so as to constitute a lure, attraction or enticement for wildlife.

6. "Crossbow" means a bow which is attached at a right angle to a stock with a mechanical mechanism for holding the bow string in a cocked position and fired from the shoulder.

7. “Feral Hog” means any species or hybrid of species from the family Suidae (European

boar, Eurasian boar, Russian boar, feral hog) or the family Tayassuidae (Javelina and peccary), which possesses one or more morphological characteristic distinguishing it from domestic swine including, but not limited to, an elongated snout, visible tusks, muscular shoulders with small hams and short loins, coarse hair, or a predominant ridge of hair along its back. For the purposes of these regulations, any swine running at large which possesses one or more of the above characteristics, may be presumed to be a feral hog, unless a person has received actual notice that the swine has escaped containment and its return is actively sought, in which case the person should report its location to the owner, if known, and the Division and the Department of Agriculture.

8. "Handgun" means any pistol or revolver having no shoulder stock or attachment.

9. "Hand-held bow" means a long bow, recurved bow, or compound bow on which the

string is not drawn mechanically or held mechanically under tension. String releases or mechanical releases which are hand-drawn and hand-held with no other attachment or connection to the bow other than to the bowstring are lawful devices.

10. Licenses

a. “Leftover license” means a limited license which is leftover after the primary application and drawing process.

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b. "Limited license" means any license which is limited in number by regulation and which is issued through the drawing process.

c. "Over the counter license” means a license that may be purchased at a license agent. Most over the counter licenses are unlimited in number, but some may have an established cap.

d. "Private Land Only license” means a limited license valid only for use on private land and State Trust Lands not leased by the Division, excluding those limited licenses issued as part of the Ranching for Wildlife program. Contact the State Land Board for access restrictions.

e. "Unlimited license" means a hunting license and carcass tag when appropriate

which is not restricted in quantity and which is sold by license agents throughout the state and is not valid in any unit where licenses are available only through application and computer or hand drawn selection.

11. “Mentor” means a person eighteen years of age or older who holds a valid hunter

education certificate or who was born before January 1, 1949, and accompanies a youth or apprentice while hunting. A person whose hunting and fishing license privileges are suspended can not be a mentor.

12. "Muzzle-loading rifle or musket" means a firearm fired from the shoulder, with a single barrel which fires a single patched round ball or bullet.

13. “Pre-charged pneumatic air gun” means an air gun that is charged from an external

high compression source such as an air compressor, air tank, or external hand pump.

14. "Private use" means the possession of wildlife only for private enjoyment and not intended to be sold, traded, bartered, or entered into commerce.

15. Privately-owned game birds" means game birds held in private ownership and

otherwise acquired in accordance with Commission regulations.

16. "Processed meat" means those edible parts of wildlife which have been cut into normal portions and wrapped for storage. It does not include game meat that is whole, has been quartered, or has not been packaged into normally accepted butcher’s portions including but not limited to steaks, roasts, loins, chops, and ground meat.

17. "Rifle" means a firearm fired from the shoulder, with a rifled bore, having a barrel length

of sixteen (16) inches or more and a minimum overall length of twenty-six (26) inches.

18. "Shotgun" means a firearm fired from the shoulder with a smooth bore, having a barrel length of eighteen (18) inches or more and a minimum overall length of twenty-six (26) inches.

19. “Slingbow” means a hand-held device, not drawn or held mechanically, with the arms or attachment points to which an elastic band is attached for propelling an arrow. The term also includes string releases or mechanical releases which are hand-drawn and hand-held with no other attachment or connection to the slingbow other than to the bowstring. Wrist-brace attachments are considered normal components of a slingbow.

20. "Slingshot" means a hand-held device, not drawn or held mechanically, with the arms or

attachment points to which an elastic band is attached for propelling small stones or metal projectiles. Wrist-brace attachments and non-elastic projectile pouches are considered normal components of a slingshot.

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21. “State Trust Lands” means those lands owned or under the control of the State Board of Land Commissioners.

ARTICLE IV - MANNER OF TAKING WILDLIFE

#004 - AIDS IN TAKING WILDLIFE

A. Aids Used in Taking Big Game, Small Game and Furbearers - Except as expressly authorized by these regulations, the use of baits and other aids in hunting or taking big game, small game and furbearers is prohibited. 1. Baits

a. Furbearers may be taken with the aid of baiting. Where permitted, baits shall consist solely of material of animal or plant origin and shall not contain any materials of metal, glass, porcelain, plastic, cardboard or paper. Wildlife used as bait shall be the carcass, or parts thereof, of legally taken furbearers, carp, shad, white and longnose suckers, and nonedible portions of legally obtained game mammals, birds and game fish.

2. Dogs a. Use of dogs in the taking of wildlife is prohibited except as authorized in Commission

Regulations. (See also: §33-4-101.3, C.R.S.) 1. Dogs may be used to hunt or take mountain lion, small game, waterfowl, and

furbearers, only as an aid to pursue, bring to bay, retrieve, flush or point, but not otherwise. Except as provided in (3) of this subsection, dogs shall not be used to hunt or take cottontail rabbits, snowshoe hares, and tree squirrels where a regular deer, elk, pronghorn or moose season is in progress.

2. A leashed dog may be used as an aid in locating and recovering wounded big game wildlife, except for black bears, with the purchase of an annual tracking permit. Tracking permits can be purchased for $40.00 from any Colorado Parks and Wildlife Office by the dog handler. Prior to using the permit, the dog handler must notify a Colorado Parks and Wildlife Office and provide the following information: the dog handler’s name, hunter’s name (if different than the handler), hunter’s CID number, location of use, species to recover, and time of use. Within five business days of using the permit, the handler must also notify the Division regarding whether they recovered the carcass. A dog may only be used to pursue or locate wounded big game during legal big game hunting hours. Provided however, that such pursuit may continue after legal big game hunting hours if the handler contacts and obtains the permission of a Wildlife Officer prior to continuing such pursuit. In acting on any such request, the Wildlife Officer shall consider the general public safety and may authorize the dispatch of the wounded animal after legal hunting hours. The dog must be leashed at all times and can not be used to kill, chase, or harass wildlife. The properly licensed hunter is required to be present while the dog is tracking and the animal must be dispatched by the hunter using a legal method of take based on their license. The dog handler is required to wear daylight fluorescent orange or fluorescent pink while tracking, unless the handler is tracking an animal shot on an archery license.

3. Organized dog pursuit events involving the hunting of rabbits or hares conducted by state or nationally-recognized sporting associations may be conducted on private lands or public lands not concurrently open to big game hunting during the extended dog pursuit season for such species.

4. A valid small game license is required for all dog handlers participating in any dog pursuit event involving the hunting of rabbits or hares, in accordance with regulation #004(A)(2)(a)(3).

3. Other Aids a. Mechanical calls may be used to take all species of wildlife during established

seasons.

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b. Except as otherwise provided in these regulations, electronic calls may be used as an aid in taking furbearers only.

c. Decoys may be used. d. European ferret may be used as an aid in taking small game only in conjunction with

hawking. All ferrets used in this activity must be neutered, permanently tattooed on the left inguinal area and dyed along one-fourth (1/4) of their body length for easy field identification.

e. Manner of take accommodations may be issued to persons with disabilities, in accordance with #005.

B. It shall be unlawful to hunt any game birds, small game mammals or furbearers, with a

centerfire rifle larger than .23 caliber during the regular deer and elk seasons west of Interstate 25, unless the hunter holds an unfilled deer or elk license for the season he is hunting.

C. It shall be unlawful to use a drone to look for, scout, or detect wildlife as an aid in the hunting

or taking of wildlife. 1. For the purposes of this regulation, drone shall be defined as including, without limitation,

any contrivance invented, used or designed for navigation of, or flight in the air that is unmanned or guided remotely. A drone may also be referred to as “Unmanned Aerial Vehicle” (UAV) or “Unmanned Aerial Vehicle System” (UAVS).

D. Smart Rifles 1. All firearms used to take or attempt to take wildlife shall be fired only by humanly

controlled, manually-operated mechanical triggers. No person shall use a smart rifle to take or attempt to take wildlife.

2. “Smart Rifle” means any firearm that is equipped with one or more of the following: a. A target tracking system; b. An electronically-controlled, electronically-assisted, or computer-linked trigger; c. A ballistics computer. E. Live-Action Game Cameras 1. No person shall use a live-action camera to locate, surveil, or aid or assist in any attempt

to locate or surveil any game wildlife for the purpose of taking or attempting to take said wildlife during the same day or following day.

2. “Live-Action Game Camera” means any device capable of recording and transmitting photographic or video data wirelessly to a remote device, such as a computer or smart phone. “Live-action game camera” does not include game cameras that merely record photographic or video data and store such data for later use, as long as the device cannot transmit data wirelessly.

F. Aircraft, by permit only.

1. The Division may issue permits for the taking of coyotes by aircraft when it is determined by the Director that such a permit is necessary for the protection of wildlife populations. Applicants shall fill out applications furnished by the Division and shall give such information thereon as may be required by the Division; including, if requested, a map of the area where control of animal damage is needed.

2. Permits shall not be issued for longer than a thirty (30) day period. A permit may, however, be renewed without submitting a new application unless deemed necessary by the Director. Any such permit may be revoked by the Director at any time. Permittees shall abide by restrictions and conditions set forth on the permit.

3. Permits to use aircraft will be issued only upon authority of the Director. 4. Reporting.

a. Within ten (10) days after expiration of an aircraft permit the permittee shall file a report on forms provided by the Division. The report shall contain all information the Division may request, including but not limited to: a) number of coyotes killed, b) location of each kill, and c) number of hours flown.

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FILING - 11/30/2017 Basis and Purpose

Chapter W-0 - General Provisions

Basis and Purpose: New Definitions Related to Air Guns In the last 10-15 years, public interest and available air gun technology have combined to change the face of hunting with air guns. Air guns have expanded beyond just pellet guns to include technology such as pre-charged pneumatic weapons. This change in technology, in conjunction with allowing the use of air guns for taking furbearers in Chapter W-3, precipitated the need to update our definitions in Chapter W-0. The previous “pellet gun” definition has been eliminated and replaced with definitions of “air gun” (which includes pellet guns) and “pre-charged pneumatic air gun”. Due to the evolving environment of air guns and the diversity of game species in Colorado, potential exists to define Colorado as a destination air gun hunting location. Trapping Regulation Changes Regulated trapping can provide many benefits to the general public. Trapping can be an effective tool to reduce wildlife damage to crops and property, reduce threats to human health and safety, and even help restore, monitor and study wildlife populations. Trapping in Colorado is also highly regulated and constrained by the limitations set forth by Amendment 14 to the state constitution and state statutes. In February of 2017, Colorado Parks and Wildlife (CPW) assembled a trapping workgroup consisting of individuals from different branches within the agency as well as from the Colorado Department of Agriculture (CDA), United States Department of Agriculture (USDA), and the Colorado Trappers and Predator Hunters Association (CTPHA). This group was tasked with updating the trapping regulations within Chapter W-3 (Small Game) to incorporate new industry best management practices (BMPs), increase animal welfare, and make CPW regulations consistent with those of the CDA. An additional goal of the group was to make the regulations easier to understand and to potentially create companion education materials to help the average citizen navigate our complex trapping rules. The Division relied on the BMPs developed by the Association of Fish and Wildlife Agencies (AFWA) to make these recommended changes. These BMPs were developed based on sound science and research, evaluating traps and trapping methods to increase animal welfare, as well as improve efficiency, species selectivity and safety. Experts from all 50 states, including conservation groups, were involved in the development of these BMPs over a twenty-year period. Incorporating these BMPs into our trapping regulations will only improve traps and trapping systems in Colorado. The majority of the changes occurred within previous regulation #303.E related to the nuisance trapping of furbearers done in accordance with the provisions of 33-6-204, C.R.S (General Exemptions), 33-6-205, C.R.S. (Exemption for Departments of Health), 33-6-206, C.R.S. (Nonlethal Methods Exemptions) and 33-6-207, C.R.S (Exemptions for Protection of Crops and Livestock). Along with updating this regulation, the work group also recommended moving the majority of these items into Chapter W-17, to help avoid confusion with avocational trapping and since they are more closely related to wildlife damage. Additional nuisance wildlife regulations were also moved into Chapter W-17 from Chapters W-2, W-5 and W-10, creating one chapter containing all “Damage Caused by Wildlife” regulations, also resulting in the name change to the chapter. The one exception was previous regulation #303.E.8, related to the permitted taking of coyotes by aircraft. This regulation was moved into Chapter W-0 as it relates to the taking of coyotes for the protection of wildlife populations and is not applicable to wildlife damage or recreational small game hunting. Definitions for “drag”, “lethal cable device trap”, “live trap (cage or box)”, and “enclosed foothold trap”, were also added to regulation to provide more clarity on what these traps are. “Nuisance wildlife” has also been defined relative to these small game damage regulations. The terms “leghold”, “snare”, “instant kill body-gripping designed trap” and “nonlethal snare” were also replaced with the terms “foothold”, cable device trap”, “body grip device” and “nonlethal cable device trap” respectively, to align with the language within AFWA’s BMPs.

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Allowing the use of Slingbows for fishing where Archery Equipment is an Allowable Method of Take This change to regulation resulted from an approved citizen petition. The petitioner requested to make the use of slingbows legal for the taking of invasive aquatic species that could previously be taken using archery equipment (bullfrogs, carp and northern pike statewide, gizzard shad, white-nose and long-nose suckers on the eastern slope, and kokanee in waters open to snagging). The petitioner argued that slingbows are just as safe and effective to use, but more portable than traditional archery equipment. CPW staff and the Commission were supportive of the request. This regulatory change also necessitated the need for a definition of “slingbow”. The provided definition in Chapter W-0 was modeled off the definition of “slingshot” and the string release verbiage from a hand-held bow. Requiring a bow reel and attached fishing line was also included to remove the potential for waste of harvested aquatic species. The primary statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-106, C.R.S. EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JANUARY 1, 2018 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 16TH DAY OF NOVEMBER, 2017.



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FILING – 11/30/2017 FINAL REGULATIONS – CHAPTER W-5 – MIGRATORY BIRDS ARTICLE I – GENERAL PROVISIONS

#504 - SPECIAL CLOSURES AND RESTRICTIONS

ARTICLE V – VACANT

#517 – VACANT ARTICLE VI – FALCONRY

#518 – SPECIAL FALCONRY REGULATIONS

A. Falconry is a permitted means of taking migratory game birds during regular or extended seasons.

1. Regular Seasons

a. General hunting regulations prescribed in this chapter, including seasons and hunting hours, apply to falconry. General season bag and possession limits do not apply to falconry.

b. Daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 9 birds, respectively, singly or in the aggregate. The falconry bag limit is not in addition to gun limits.

2. Extended Seasons a. There are no extended seasons.

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Chapter W-5 - Migratory Birds

Basis and Purpose: Regulated trapping can provide many benefits to the general public. Trapping can be an effective tool to reduce wildlife damage to crops and property, reduce threats to human health and safety, and even help restore, monitor and study wildlife populations. Trapping in Colorado is also highly regulated and constrained by the limitations set forth by Amendment 14 to the state constitution and state statutes. In February of 2017, Colorado Parks and Wildlife (CPW) assembled a trapping workgroup consisting of individuals from different branches within the agency as well as from the Colorado Department of Agriculture (CDA), United States Department of Agriculture (USDA), and the Colorado Trappers and Predator Hunters Association (CTPHA). This group was tasked with updating the trapping regulations within Chapter W-3 (Small Game) to incorporate new industry best management practices (BMPs), increase animal welfare, and make CPW regulations consistent with those of the CDA. An additional goal of the group was to make the regulations easier to understand and to potentially create companion education materials to help the average citizen navigate our complex trapping rules. The Division relied on the BMPs developed by the Association of Fish and Wildlife Agencies (AFWA) to make these recommended changes. These BMPs were developed based on sound science and research, evaluating traps and trapping methods to increase animal welfare, as well as improve efficiency, species selectivity and safety. Experts from all 50 states, including conservation groups, were involved in the development of these BMPs over a twenty-year period. Incorporating these BMPs into our trapping regulations will only improve traps and trapping systems in Colorado. The majority of the changes occurred within previous regulation #303.E related to the nuisance trapping of furbearers done in accordance with the provisions of 33-6-204, C.R.S (General Exemptions), 33-6-205, C.R.S. (Exemption for Departments of Health), 33-6-206, C.R.S. (Nonlethal Methods Exemptions) and 33-6-207, C.R.S (Exemptions for Protection of Crops and Livestock). Along with updating this regulation, the work group also recommended moving the majority of these items into Chapter W-17, to help avoid confusion with avocational trapping and since they are more closely related to wildlife damage. Additional nuisance wildlife regulations were also moved into Chapter W-17 from Chapters W-2, W-5 and W-10, creating one chapter containing all “Damage Caused by Wildlife” regulations, also resulting in the name change to the chapter. The one exception was previous regulation #303.E.8, related to the permitted taking of coyotes by aircraft. This regulation was moved into Chapter W-0 as it relates to the taking of coyotes for the protection of wildlife populations and is not applicable to wildlife damage or recreational small game hunting. Definitions for “drag”, “lethal cable device trap”, “live trap (cage or box)”, and “enclosed foothold trap”, were also added to regulation to provide more clarity on what these traps are. “Nuisance wildlife” has also been defined relative to these small game damage regulations. The terms “leghold”, “snare”, “instant kill body-gripping designed trap” and “nonlethal snare” were also replaced with the terms “foothold”, cable device trap”, “body grip device” and “nonlethal cable device trap” respectively, to align with the language within AFWA’s BMPs. The primary statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-106, C.R.S. EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JANUARY 1, 2018 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 16TH DAY OF NOVEMBER, 2017.

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APPROVED:

John V. Howard Acting Chairman


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FILING – 11/30/2017

FINAL REGULATIONS - CHAPTER W-17 – DAMAGE CAUSED BY WILDLIFE

ARTICLE I – GENERAL PROVISIONS

#1700- DEFINITIONS FOR ARTICLES I - XI

A. “Aftermath” means the usable livestock forage left from an alfalfa crop after the last annualharvesting or after the first killing fall frost. The “first killing frost” is the time the temperaturedrops below 25°F after September 1 each year. This date/temperature shall be determined bynegotiation with the claimant based upon weather station data for the local area.

B. “Alfalfa” means land on which alfalfa has been seeded and has become established to theextent that fifty (50) percent or more of the useable livestock forage is alfalfa.

C. “Artificially seeded rangelands” means land on which grasses or legumes have been seeded,and have become established to the extent that 50 percent or more of the useable livestockforage production is from the seeded species and whose primary use is grazing by livestock.

D. “Big game being moved or under direct control of Division personnel” includes, but is notlimited to the following:

1. If they are being driven or through-herded.

2. If they are intentionally moved as a result of actions of Division personnel.

E. “Claimant” means a person who has filed a big game damage claim with the Division and in thecase of commercial orchards, shall be the legal owner of said orchard.

F. “Commercial Market Garden” means a tract of land not less than one acre in size farmed by anindividual or entity for the production of agricultural products, including, but not limited to, fruits,vegetables, or flowers, for commercial sale; provided further the person or entity can demonstratethe commercial nature of the operation through possession of an established commercial saleslocation, or by producing associated documents, which may include a valid business license, adefined business plan, commercial sales receipts, income tax forms, or contractual salesagreement(s).

G. “Crops under cultivation” means all products of the soil that are planted, managed, grown,severed and saved by manual labor and/or mechanical means on an annual basis, includinggrasses and legumes maturing for harvest, small grains, row crops and vegetables, but notgrasses or other forage on lands used primarily for pasturage, windbreaks, gardens (exceptcommercial market gardens) or ornamental trees and shrubs.

H. “Damage” means any change in the quality or quantity of any property which reduces its value.Damage shall include all costs necessary to restore property to its condition immediately prior to

Attachment 5

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damage, to replace it with property of equal value or to compensate for restoration or replacement.

I. “Damage to fences” means any damage in excess of ten (10) percent of the value of any

specific fence just prior to damage. A “specific fence” means that portion of any fence between corner posts; in a situation where corner posts are greater than one-quarter (1/4) mile apart, “specific fence” shall mean a one-quarter (1/4) mile section of fence.

J. “Damage prevention materials damaged or destroyed by wildlife” means materials which have been damaged by big game to the extent that such materials have been rendered unusable for the purpose intended.

K. “Division” means the Division of Colorado Parks and Wildlife.

L. “Grazing land” means land used primarily for production of native forage plants for livestock grazing as differentiated from lands where a crop is harvested.

M. “Grazing land which is deferred for seasonal use” means grazing land that is designated for a postponement of grazing by livestock for a specific season(s) with the purpose of reserving forage available for grazing by livestock during a later season.

N. “Harvested crops” means any crops that have been reaped, severed, gathered and

appropriately saved, stored for subsequent use. Saving or storage will not be considered as appropriate unless done by a method representing accepted agriculture practices.

O. “Hay meadows” means land that is used primarily for production of hay but may also be used for

grazing by livestock prior to and following cutting for hay. Production is from a long term stand of grasses or legumes and is irrigated or is classified by the Soil Conservation Service as wet meadow, salt meadow, sandy meadow or mountain meadow range sites.

P. “Historic levels” means the average number of a species of big game that occurred on the

property in question during the 20-year period of January 1, 1953 through December 31, 1972.

Q. “Normal life” means the period of time that panels and permanent fencing reasonably can be maintained by the person to whom they were issued specifically: 1. Panels are presumed to have a normal life of 5 years or as agreed upon by the property

owner and the Division through written agreement when constructed according to Division specifications.

2. Permanent fencing materials are presumed to have a normal life of 20-30 years or as

agreed upon by the property owner and the Division through written agreement when constructed according to Division specifications.

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R. “Nurseries” means a group of trees and/or shrubs propagated for sale, transplant, or for use as

stock for budding and grafting for commercial purposes.

S. “Orchard” means a planting of fruit trees cultivated for commercial purposes. Such orchards may be subdivided for game damage claim purposes into one of the following groups: 1. Commercial producing orchard shall be defined as a planting of fruit trees that for 1 of the

last 3 years has produced fruit for sale in amounts of no less than one thousand (1,000) 40-lb.-boxes of apples or pears; or no less than two hundred and fifty (250) 40-lb. boxes of peaches or other stone fruit; or one ton (2,000 lbs.) of cherries or any combination of the above so long as the size of the orchard exceeds one acre.

2. “Commercial non-producing orchards” shall be defined as an orchard planting of no less

than one (1) acre of non-producing fruit trees planted at no less than one hundred (100) trees per acre for all species except that sweet cherry trees shall be planted at no less than sixty (60) trees per acre.

U. “Pasture meadows” means land is used primarily for the production of grasses or legumes

grazed by livestock and is irrigated or is classified by the Soil Conservation Service as wet meadow, salt meadow, sandy meadow or mountain meadow range sites.

V. “Personal property” means everything that is subject to ownership, other than real estate.

Personal property includes moveable and tangible things, such as animals, furniture, merchandise.

W. “Real property” means land and generally whatever is erected or growing upon or affixed to

land.

X. “Season” for hunting means any period of time established by the Wildlife Commission for the taking of big game. When investigating a big game damage claim, the Division shall consider all big game hunting seasons established during the 12-month period immediately preceding the date when the first notice of loss was made.

#1701 – VACANT #1702 – PERMIT TO TAKE BIG GAME CAUSING DAMAGE A. No hunting license is required for any person authorized to take big game under any permit

issued under provisions of 33-3-106 C.R.S. Big game killed under this permit remain the property of the state.

B. All bear and mountain lion taken or destroyed under this subsection or 33-3-106 (3) C.R.S. shall

remain the property of the state and will be delivered to an officer of the Division within 5 days. In

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addition, a report shall be given to an officer of the Division within 5 days of the killing. Such report shall contain: 1. Name(s) of person(s) who killed the animal(s). 2. The county and the specific location of the kill. 3. The species and number of animals killed. 4. The reason for such action.

C. Without regard to harvest limit quotas, unit boundaries or season dates, the Director or his designee may authorize the taking of any problem lion or bear by any lawful means designated, including but not limited to methods permitted under Article XVIII, Section 12b, of the Colorado Constitution, when such lion or bear is causing damage to livestock or property or are frequenting areas of incompatibility with other users as may be necessary to protect public health, safety and welfare. The taking of lion or bear under this section shall be by licensed hunters, houndsmen, or trappers who shall be bound by all other statutes and regulations regarding the taking and possession of bear and mountain lion. (Reference 8 CCR 1201-12 of Colorado Department of Agriculture regulations regarding control of depredating animals).

D. The Director shall establish a statewide list of hunters, houndsmen, and trappers to take problem bears or lions taking into consideration the ability to respond, skill, experience, location, and the ability of the hunters, houndsmen, or trappers who have applied to participate in removal operations; and, in selecting participants from that list for any particular removal operation shall further take into consideration the urgency dictated by the situation and the environment in which the removal will occur.

E. When any permit to take a big game causing excessive damage to private, real or personal

property, is issued to members of the public other than the landowner or his designee, any hunting under such permit shall be directed by the Division in cooperation with the landowner.

#1703 – DAMAGE CAUSED BY BIG GAME UNDER CONTROL OF THE DIVISION OR BY

PREVENTION MATERIAL BEING USED BY THE DIVISION. A. When big game are being moved or are under the direct control of Division personnel and cause

damage to real or personal property, the following provisions shall apply: 1. When damage is noticed by Division personnel, such damage shall be reported to the

property owner, lessee or person in charge immediately and confirmed in writing within 5 days.

2. The amount of the claim shall be determined by the actual value of property at the time of

damage.

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3. The Division may require the owner or his authorized agent, when reasonable, to assist the Division in locating alleged damage.

#1704 - VACANT #1705 – UNREASONABLE RESTRICTION ON HUNTING A. No claim for big game damage will be approved where the claimant or other person who controls

the land where damage occurred has unreasonably restricted hunting for the species causing damage unless the claimant shows that he or she have not unreasonably restricted hunting for the specific group of animals causing damage. Whether or not an unreasonable restriction of hunting has occurred will be determined by the following procedure: 1. The percentage and number of big game animals to be harvested in each Management

area (DAU) will be established annually by the Wildlife Commission. 2. Upon request by the landowner, the Division shall provide to such landowner the number

of big game, by species, anticipated on his property, property under his control and private and public property to which he controls access during the hunting season and the percent and number of such big game to be harvested. Such notice shall be in writing and shall be a basis for establishing a reduction in a necessary harvest of wildlife.

3. The claimant shall be responsible to prove that the percentage of big game harvested,

during the big game hunting seasons in the twelve (12) months previous to his filing of a damage claim, was not substantially lower than the percentage described in (1) or (2) above. Proof provided pursuant to this subsection by the claimant may include any one of the following: (such proof shall be required only for lands in the same management area (Data Analysis Unit) where the damage occurred and only for the species causing damage): a. A statement that big game hunting access was not prohibited to any person on or

across lands under his control or the control of the owner of the private land where damage has occurred except where hunting would create an obvious or immediate risk of injury or death to persons, damage or death to livestock congregated in a concentrated area, or other significant property damage.

b. Actual counts of big game animals during each hunting season for all areas to

which he or the owner of the private lands where damage has occurred, controlled access and documentation of big game taken by hunters, including a list of numbers and species of big game and indicating that the percentage described in (1) is substantially met on such areas.

c. Documentation sufficient to establish that the failure to achieve the necessary

harvest was due to factors outside the control of the claimant (or the lessor).

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d. Evidence that the number of big game harvested on lands to which he, or the owner of the private lands where damage has occurred, controlled access was not substantially less than the value established pursuant to #1705(a)(2).

#1706 – HUNTING ACCESS FEE LIMITATION A. A damage claim will be denied when a fee in excess of five hundred ($500.00) per season has

been charged any person for big game hunting access onto or through any lands owned, leased or otherwise controlled by the claimant, or the landowner if the claimant is the lessee. Access is defined as ingress into or through any property for the purpose of big game hunting. This provision applies only to the species causing damage; but even then, not if the claimant shows that he or she have not unreasonably restricted hunting for the specific group of animals that was causing damage by charging a fee in excess of $500 for access on or to lands which the animals causing damage inhabit or migrate across. In the case of a lease or other agreement by two or more persons, the fee charged shall be determined by dividing the total fee paid for the lease by the number of individual big game hunters who actually hunted under terms of the lease or agreement for one or more days. The number of big game hunters who actually hunted shall include any persons who were individually authorized to hunt but were unable to do so for reasons outside the control of the claimant.

B. A statement of the maximum fee actually charged, if any, shall accompany any claim for game

damage. The amount of this maximum fee shall be determined in accordance with provisions of #1706(a).

#1707 – CLAIMANT STATEMENT ON USE OF MATERIALS A. Any person who submits a claim for damage shall provide a certified statement that damage

prevention materials provided by the Division, if any, were used in an effort to prevent or reduce the extent of damage and were not used for any other purpose.

#1708 – CLAIMANT STATEMENT ON INSURANCE A. Any person who submits a claim for damage shall provide a certified statement on his Proof-of-

Loss form that the damages for which he is submitting a claim are, or are not, covered under an insurance policy and that he does or does not contemplate receiving insurance compensation for damages claimed. If the claimant is in possession of a crop insurance policy or any other insurance policy covering the real or personal property for which a big game damage claim is made to the Division, he shall provide on his Proof-of-Loss form the name, address and phone number of the insurance company(s) providing coverage; the name, address and phone number of the insurance company’s agent; the amount and type of coverage provided; and the amounts of insurance reimbursement requested and received.

B. The claimant shall also submit with his Proof-of-Loss form written permission authorizing the

Division to make inquiries to and receive information from the claimant’s insurance company(s)

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and its agent(s) concerning any insurance coverage of or claims submitted under the policy for damages for which claims have also been submitted to the Division. The claimant shall also agree in writing to notify the Division of all claims later submitted to any insurance company for game damage already paid by the Division and of any amounts paid to the claimant for such claims.

C. In the event a claim is paid by the Division to any person and such person later receives

additional compensation for such damage under an insurance policy, he shall immediately repay to the Division any moneys he has previously received from the State for those damages.

D. Refusal to provide accurate insurance information as herein required shall be cause for denial of

the claim. #1709 – ARBITRATION A. If the Division cannot agree with the claimant on normal historic levels of big game or any

element of a settlement (such as the extent of damage, the numbers or species of big game involved) such disagreement may be decided by the arbitration process provided for in Section 33-3-104 (1)(d) or 33-3-203 (2), C.R.S. Arbitration of non-forage damage claims pursuant to Section 33-3-104(1)(d) must be requested prior to review of the claim by the Commission. Subject to the provisions of Article 3 of Title 33, C.R.S., and the following, arbitration proceedings shall be conducted pursuant to the “Uniform Arbitration Act of 1975,” part 2 of Article 22 of Title 13, C.R.S.

B. The arbitrator chosen by the claimant and the arbitrator chosen by the Division shall be non-

neutral members of the arbitration panel; and the third arbitrator chosen by these two arbitrators (or by the court as the case may be) shall be a neutral member of the panel.

C. The claimant and the division shall enter into a written arbitration agreement for submission to the

arbitration panel. Said agreement shall include: 1. A statement of the parties setting forth all facts relevant to the damage claim upon which

the parties agree. 2. A statement of the parties identifying statutes, regulations, and other law which the

parties agree are applicable to the claim. 3. A statement of the issues of fact upon which there is disagreement between the parties,

including a list of witnesses and other evidence which each intends to introduce to the panel in support of their positions.

4. A statement of the legal issues upon which there is disagreement between the parties.

Each party shall submit a brief written legal argument, including citation to statutes, regulations, court decisions and other appropriate law, supporting their position.

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5. A statement setting forth the procedures the parties have agreed upon for presentation of

the claimant’s and division’s factual evidence and legal argument. Generally, the panel shall proceed in accordance with these regulations. Any agreement to proceed in a manner inconsistent with these regulations shall be subject to approval of the arbitration panel.

6. The panels authority to render decisions deciding issues of fact and law shall be limited

to those matters upon which the parties have agreed in the written agreement are in dispute and any issues incidental to those matters.

D. The panel shall render its decision in accordance with the provisions of article 3 of title 33 of the

Colorado Revised Statutes and Chapter 17 of the Commission’s wildlife regulations. E. Except as may otherwise be approved or required by the arbitration panel, the arbitration hearing

shall be conducted as follows. 1. The hearing shall be conducted by all three arbitrators who shall act by majority vote. 2. The Division shall be responsible to make a recording of the arbitration hearing and

maintain a copy of all exhibits presented to the panel for consideration. 3. The claimant shall have the burden of proving all elements of the claim for damages

pursuant to the provisions of Article 3 of Title 33, C.R.S., and of this Chapter 17 of the Commission’s regulations. The Division shall have the burden of proving any affirmative defenses.

4. Evidence

a. Testimonial and evidentiary rulings shall favor the reception of any and all

evidence which may be probative and relevant to the decision; but unduly repetitious, irrelevant, or incompetent evidence may be limited or excluded. The arbitrators shall not give undue weight to hearsay or other improper or unsubstantial evidence.

b. The panel may take notice of general, technical or scientific facts within its

knowledge, but only if the fact so noticed is brought to the attention of the parties before final decision and each party is afforded an opportunity to controvert the fact so noticed.

c. At the conclusion of each witness’ testimony, the other party may then cross-

examine such witness or witnesses. The arbitrators may cross-examine any witness called.

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d. Unless otherwise ordered by the panel, five (5) copies of each exhibit shall be submitted (one for each panel member’s use, one for the record to be maintained by the Division, and one for the opposing party’s use).

5. The hearing shall proceed in the following order:

a. Call to order, introductory remarks by arbitrators. b. Presentation by the Division of all documents that have been filed with the

Division by the claimant in making his claim and any prepared by the Division in response to the claim. They shall include, to the extent they exist, but are not limited to all 10-day notices of damages, the claimant’s proof of loss form with supporting documentation, investigator’s report, the Division’s recommendation to the Wildlife Commission. The Division shall also report how far the claim has progressed through the administrative claims process and the status of the claim in that process at the time arbitration was requested.

c. Presentation of any stipulation or agreements of the parties. d. Opening statement by the claimant, including a brief statement of what it will

prove and the relief requested. e. Opening statement by the Division, including a brief statement of what it will

prove and of defenses to be presented to claim. f. Presentation of evidence in support of the claim by the claimant. g. Presentation of the Division’s evidence contesting the claim, including defenses. h. Rebuttal by the claimant. i. Closing statements by the parties. j. Adjournment.

6. Proved further, however, that the panel may at any time consider any motion or make

any ruling in the interest of fairness, completeness and economy of the proceedings which ruling will not result in substantial prejudice to a party’s right to present its case.

7. The panel shall issue its written decision within ten (10) days after adjournment of

hearing. Each decision issued pursuant to an arbitration hearing shall include a statement of findings and conclusions upon all the material issues of fact, law or discretion considered and state the sanction or relief granted or denied.

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8. No exparte communication with or by the neutral arbitrator may occur during the pendency of a hearing.

F. The Division shall designate a Division employee to act as the case administrator, who shall

arrange for meeting place for the arbitration hearing and recording of the hearing, issue subpoenas for witnesses at the request of the panel, and otherwise assist the panel in the performance of its duties.

#1710 – DUTY TO MITIGATE DAMAGE The doctrine of avoidable consequences applies to wildlife damage claims, and claimants have a duty to mitigate damages. A claim shall be denied or limited, as is appropriate under the doctrine, where the claimant fails to exercise reasonable care and diligence to avoid the loss or to minimize or lessen resulting damage. The burden of proving a failure to mitigate damages shall be on the Division. #1711-#1718 - VACANT ARTICLE II – DAMAGE PREVENTION MATERIALS #1719 – ELIGIBILITY FOR TEMPORARY DAMAGE PREVENTION MATERIALS A. With respect to temporary game damage prevention materials, “landowner” is defined as a

person who owns land that is, directly or through the lessee of such land, used for the production of agricultural products, or uses personal property for which the state would generally have liability for game damage under 33-3-104, C.R.S., even if the landowner or lessee is specifically not otherwise eligible for such game damage payments or permanent game damage prevention materials due to the unreasonable restrictions on hunting or availability of access or because of the fee charged by the landowner or the lessee for the purpose of big game hunting access to or across the property.

#1720 – REQUEST FOR DAMAGE PREVENTION MATERIALS A. Landowners or lessees who qualify for damage payments and who desire to obtain materials to

prevent damage caused by big game shall make a written request to the Division for such materials on a form furnished by the Division.

B. If the landowner does not erect permanent game damage prevention materials within a

reasonable time period after receipt of materials, not to exceed 270 days, to prevent the anticipated damage, or if the materials are not erected in such a manner as to reasonably prevent damage, the Division shall not be responsible for any subsequent damage caused by the failure to use such materials. When materials have been provided for temporary game damage prevention materials or electric fencing surrounding apiaries this time period shall not exceed 15 days from date of receipt of materials. Damage prevention materials may be delivered by the Division to any person if his request is the result of game damage occurring in any area where it has not normally occurred.

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C. If the Division offers, in writing, to furnish fencing to a landowner and the offer is refused or he

does not respond within 30 days, the Division shall not be responsible for any subsequent damage until such time as the landowner makes a written request for fencing materials at which time the provision of #1720(b) shall apply.

#1721 – DELIVERY OF DAMAGE PREVENTION MATERIALS A. The Division will furnish materials for, or construct, permanent stackyards or orchard fencing only

under terms of a written cooperative agreement which is binding on heirs, assignees, and successors in title and which is filed with the clerk and recorder in the county in which the fence is erected. The Division will provide materials within the limitations of the special purpose funds appropriated for game damage materials.

B. The Division will furnish temporary protective fencing only when the landowner, lessee, property

owner or person in charge acknowledges by his signature receipt of such material. #1722 – MAINTENANCE OF DAMAGE PREVENTION MATERIALS A. All permanent stackyards or fences or panels furnished or constructed by the Division shall be

maintained and repaired for their normal life by the landowner unless damaged or destroyed by wildlife. Materials for repairing damages done by wildlife to permanent fencing or panels in excess of $100 shall be furnished by the Division and shall remain the property of the Division.

B. All persons furnished panels or other fencing materials shall be responsible for maintaining such

materials in a current state of repair to prevent access by big game. C. In the event that damage prevention materials are destroyed or made unusable through

negligence or abuse or if they are used for any purposes other than the prevention of game damage the Division may take one or more of the following actions: 1. After written notice to the landowner the Division may remove the materials from the

landowner’s owned or leased land. 2. The Division may require payment for any damaged or misused materials or may refuse

to issue any additional prevention materials until the landowner has paid for the damaged or misused materials. The amount of payment shall be the cost of new materials of similar construction, reduced by a depreciation factor based on the normal life of these materials.

3. The Division may deny all or part of a big game damage claim where proper use and

maintenance of damage prevention materials would have prevented or reduced the damage.

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D. All voluntary workers who assist the Division in erecting damage prevention materials shall provide their name, address, and telephone number in writing to the Division 10 days prior to such work being performed. The Division will provide this information to the landowner upon his request.

E. In the case of land ownership change the former owner shall notify the Division when such

change occurs. The Division may require a written ratification of the existing agreement by the new owners.

F. All permanent and temporary damage prevention materials furnished or constructed by the

Division shall remain the property of the state. #1723-#1729 – VACANT ARTICLE III – DAMAGE CLAIM PROCEDURES #1730 – GENERAL PROVISIONS A. Initial notification of damage may be verbal, but must be followed by written notice to the District

Wildlife Manager or Area Wildlife Manager within ten (10) days of the discovery thereof. Said ten (10) day period may be extended for good cause shown provided, however, that verbal notice has been given within ten (10) days of discovery. Failure to submit written notice within ten (10) days of discovery: (a) because of failure of Division personnel to supply claim forms in time to allow timely filing; or (b) because of other reasons not due to the claimant’s lack of diligence shall all be considered “good cause.”

B. Notifications must include:

1. date or dates damage occurred. 2. number and species of big game causing damage; 3. date damage discovered; 4. estimated extent of damage; 5. location of damage; and 6. If the Division receives the first written notice of damage more than ten (10) days after the

date of discovery, the claimant shall provide an explanation for the delay. Failure to provide timely notification as herein required shall be cause for denial of the claim.

C.

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1. If the same type of damage caused by the same species of big game is ongoing at a single site, additional notices every ten days after the initial written notification shall be required unless the DWM or AWM concerned is advised by the claimant by some means of the ongoing damage activity and an additional written notice is submitted when the damage ends. Said notice shall include an estimate of the total extent of damage; specify beginning and ending dates that the damage occurred and provide the other information required in #1730(a)(1) through (7) of these regulations. Proof of Loss forms shall be filed within 90 days after claimant submits this last written notice. Damage is not considered as ongoing if more than 30 days have elapsed between instances where damage occurred.

2. A single site is a complete orchard, adjoining fields of growing crops, haystacks under the

same contiguous ownership or control, or a single herd of cattle or band of sheep, under one ownership and continuous control between spring and winter range. If damage occurs at different sites or is of a different type (e.g., harvested alfalfa instead of growing alfalfa), separate claims and separate investigation reports shall be required, even if the claimant is the same and the species of big game causing damage is the same.

D. A Division representative accompanied by the complainant shall in cases of claims in excess of

$1,000.00 and may in cases of claims of $1,000.00 or less as is appropriate and necessary to determine the facts underlying the claim make an on-site inspection and investigation within ten (10) days of the receipt of the initial notification or as soon thereafter as practicable.

#1731 – PROOF OF LOSS A. The proof of loss forms shall be submitted within 90 days of the last notification of damage to the

District Wildlife Manager or Area Wildlife Manager. Forms shall be provided by the Division and the claimant shall complete and return only those forms designated for the type of damage which occurred. Incomplete or incorrect forms may be returned to the claimant by the Division; however, the time period for filing Proof of Loss forms shall not be altered thereby. Such forms shall be signed and be accompanied by the written documentation required by these regulations to meet the burden of proof required under provisions of 33-3-104 (3), C.R.S., and other statutes pertaining to damage by big game.

B. The Area Wildlife Manager or his designee will investigate as necessary and shall in cases of

claims in excess of $1,000.00 and may in cases of claims of $1,000.00 or less as is appropriate and necessary to determine the facts underlying the claim meet with the claimant, within 30 days of the receipt of the proof-of-loss form where practicable, and at a time and place mutually agreed upon to attempt to reach a settlement.

#1732 – CLAIM SETTLEMENT A. Any claim up to $5,000 may be approved by the Area Wildlife Manager. Claims in the amount of

$5,001 to $20,000 may be approved by the Regional Manager. Claims exceeding $20,000 which are recommended for payment by the Division must be approved by the Commission.

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1. In cases where the Division and the claimant are unable to reach settlement, the claimant

may seek review by the Commission, by an arbitration panel, or in the state courts, all as provided in Article 3 of Title 33, C.R.S. A claim of any amount, which is recommended for denial of payment by the Director shall require a final decision by the Wildlife Commission; provided, however, if the claim is for other than livestock forage damage and is for $7,500 or less, the claimant may waive review by the Commission and commence an action in the small claims division of the county court of the county of which the damage was alleged to have occurred. Provided, further, that in the case of claims for livestock forage in hay meadows, pasture, artificially seeded rangelands and grazing land which has been deferred for seasonal use, a claimant who wants Commission review of his claim must give written notice of his intent to waive arbitration. Either type of waiver shall be in writing and shall be mailed to the Commission within ten (10) days after such claimant receives notification from the Division of the denial of his claim, or within ten (10) days after the claimant receives from the Division an offer of settlement unacceptable to such claimant.

B. When a claim for big game damage is recommended for denial of payment by the Division, the

claimant will be notified of such recommendation by certified mail at least 30 days prior to the regularly scheduled Wildlife Commission meeting when his claim will or could be considered.

C. Any claimant who cashes a state warrant issued for the purpose of claim settlement thereby

acknowledges receipt of payment in full satisfaction of damages claimed and thereby waives any and all further claim against the state for such damages.

#1733- #1739 – VACANT ARTICLE IV - DAMAGE TO LIVESTOCK OR PERSONAL PROPERTY USED IN THE PRDUCTION

OF RAW AGRICULTURAL PRODUCTS CAUSED BY BIG GAME #1740 – PROOF OF 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 the production of raw agricultural products and that such damage was caused by big game to the extent claimed.

#1741- DOCUMENTATION OF CLAIMS A. Documentation by the claimant necessary to support a claim for damage by big game shall

include but is not necessarily limited to: 1. Tangible evidence that big game was present in the area. Evidence may include, but is

not necessarily limited to photographs or records of torn logs, scat, tracks or direct observation.

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2. Demonstrate that such animals were responsible for the damage, and in the case of livestock, the actual cause of injury or death. Evidence may include, but is not necessarily limited to type and location of wounds, physical description of the carcass, for example: hide peeled or rolled back, measured distance between canine wounds, claw marks, hemorrhage, or buried carcasses.

#1742 – EVALUATION AND SETTLEMENT PROCEDURE A. Payment of all claims involving personal property used in the production of raw agricultural

products, other than livestock, will be based on the actual value of the property at the time and place of loss.

B. Payment of all claims for livestock losses will be based on sales receipts or sale contracts when

copies of such receipts or contracts are furnished with the claim and exclude such expenses as transportation, yardage, feed costs at sales yards and sales commissions. Where such receipts or contracts are not submitted to the Division, the following methods shall be used: 1. Payment of adult range sheep claims for each age class, other than running age ewes,

will be based on the prices as derived from the USDA Agricultural Marketing Service reports from the September preceding the date of the loss or damage. Payment for running-age ewes (ewes between the ages of 2 and 5 years old) will be determined by the following formula: The value shall equal the price received for lambs based on contracts or the average weekly sale price from the USDA Agricultural Marketing Service report from the last week of September plus 50% of the above value. (Example: Fall lambs at $90 Plus 50% = $90 + $45 or $135, total value of each running-age ewe.)

2. Payment of lamb claims will be based on the average sale price shown in the weekly

USDA Agricultural Marketing Service report for the last week of the September preceding the date of the loss or damage.

3. Payment of calf claims will be based on the average sale price shown in the monthly

update published by the USDA Agricultural Marketing Service for the month of the October preceding the date of the loss.

4. For good cause shown, a claimant may establish the value of any livestock lost by

reliable means other than those shown above. Such claimant shall be required to establish by a preponderance of evidence that the valuation methods listed above are inappropriate for the claim submitted and that the method of valuation requested represents the fair market value of the lost livestock.

5. Payment of all other livestock loss claims will be based on the fair market value at the

time of the loss for the type, age and weight of the animal involved.

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#1743 – SPECIAL PROVISIONS A. The livestock owner or his authorized agent is required to assist in locating and investigating

alleged damage. #1744-#1749 – VACANT ARTICLE V – DAMAGE TO ORCHARDS #1750 – PROOF OF LOSS REQUIREMENTS A. At the time of the investigation or upon submission of the proof-of-loss form, the claimant shall be

responsible to prove by a preponderance of evidence: 1. Date that big game were present in the orchard. 2. That big game did damage to the orchard to the extent that future production will be

affected. 3. A map of the entire orchard showing the location of plantings, each tree within the

damaged planting, tree and row spacing and the location of each damaged tree. 4. Each damaged tree shall be identified by number on the map and in a listing of damaged

trees which reports the species, variety, age, nature of the damage (bark or browse damage), extent of damage and the anticipated number of years for recovery.

B. The claimant shall also furnish:

1. Crop production records for each block and variety of damaged trees for the past five (5)

years. When such records are not available due to change in orchard ownership or tree age, records from orchards with comparable plantings and management shall be provided.

2. Records of income to the orchard for the past five (5) years and cost of harvesting and

handling the fruit for each block and variety of damaged trees. When such records are not available, records from orchards with comparable plantings and management shall be provided.

#1751 – DOCUMENTATION OF CLAIM A. Investigation of damage claims for any trees shall be conducted jointly by the claimant and the

Division. Documentation prepared by the claimant shall be conducted according to the following procedures: 1. Determination of Physical Damage by Type and Percentage.

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a. Damage will be designated in the following manner:

(1) Bark Damage shall be considered only when it has penetrated the bark

and cambium layer to the inner wood. Injury of each damaged limb or tree shall be determined on the basis of the width of the exposed wood in relation to the circumference of the damaged limbs or trunk. Damage which does not expose more than 33% of the wood around the limb or trunk will not be considered as serious damage resulting in significant loss of production. Damage that exposes 60% or more of the inner wood shall be considered serious enough to cause total loss of commercial fruit production from the damaged limb or tree in the case of trunk injury. All areas damaged by big game shall be treated with a wood sealing compound, such as “Greencap” or its equivalent, which shall be provided by the Division. Bark damage shall be assessed as: 0-33% = none 34-49% = 33% loss 50-59% = 65% loss 60 and over = 100% loss and calculated pursuant to the formulas set forth in #1752.

(2) Browse damage results from loss of shoots, spurs and blossom buds.

Damage shall be determined for each damaged side branch (branch), scaffold limb (limb) and tree with the extent of damage assessed as: (a) Short term when damage affects only the terminal and blossom

buds, resulting in loss of fruit production on apple and pear for two (2) years and on stone fruits (cherry, apricot, peach and plum) for one (1) year.

(b) Long term when damage affects the growth of limbs and

development of the tree structure. Such damage has a longer lasting effect which requires determining the number of years for the limb or tree to achieve the size and productivity of comparable undamaged limbs and trees.

(c) Permanent damage can be caused by either severe barking or

browsing. Such damage can result in the loss of limbs or trees. Where tree replacement is required, both the cost of removal and replacement of trees shall be paid. When 85% of the trees

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in the planting sustain 60% or more damage, the entire planting shall be considered as 100% loss, requiring replacement.

2. Determination of Percentage Lost of Production:

Damage shall be defined as a loss of production potential. Production is proportional to the number and physical size of all the branches, limbs and trees in the planting. This physical size increases as branches and limbs develop and as the tree enlarges to fill the amount of space allotted by planting distance. When the trees have completed this growth or development period, they are considered full size and reaching full production potential. After a few years at this maximum level of production, tree vigor, fruit size and market quality begin to decline. This results in reduced productivity and income. Using the above concept, assess any loss as a percent reduction in production potential during the years required for the damaged limbs and/or trees to redevelop the production potential of comparable undamaged trees. a. Short Term browsing damage will be proportional to the percent of damage. For

stone fruits this will be for one (1) year. For apple and pear, the percentage loss will be reduced by 50% the second year before regaining full potential in the third year.

b. Long Term damage can result from either browsing or barking. Damage shall be

assessed as a percent loss of production potential over a period of years. Loss in the first year will be proportional to the percent of damage but this percentage of loss will decrease each year at a rate proportional to the anticipated recovery period. The percentage of loss will be assessed in relation to comparable undamaged branches, limbs or trees, preferably in the same planting. With developing trees, the number of years to recover will be the number of years remaining to reach full size and full production. Developing apple and pear should close the spacing between trees at an average rate per 5 ft per year while with stone fruits the average rate will be 2.0 feet per year. Damage to mature trees should be assessed as either short term damage as outlined above in (a) or as permanent damage as outlined below in (c).

c. Permanent damage caused by either a loss of limbs or trees should be assessed

as a percent of production over the remaining commercial life of the planting. For trees which need to be replaced as a result of permanent damage, the number of years of lost production shall equal the number of years required to regain the production level of undamaged trees. When tree replacement is required, the damage assessment shall include the cost of removing and replanting. When a group of trees are replaced which can be managed separately, the amount of savings resulting from reduced operating costs shall be determined and deducted from the damage claim.

3. Conversion from Percentage to Numerical Crop Loss:

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Many factors cause changes in crop production from year to year as well as between trees and plantings. Therefore, it is necessary to assess damages as a percentage of the production potential of the orchard. The percentage crop loss must then be converted to a numerical crop loss for each year of the recovery period. This requires determining the proportion of the planting which is damaged. Such can be determined either by planting distance and number of trees per acre or by the percentage of damaged trees to the total number of trees in the planting. a. Numerical crop loss shall be based on a percentage of the production over the

previous five (5) years or from comparable plantings of the same variety, tree spacing, age and level of management when actual production records are not available.

b. For trees which are not in production or did not reach full production during the

previous five years, estimates must be based on comparable plantings which have recently reached full production.

c. Numerical lost production shall be tabulated for each year of the recovery period

and for each planting, crop and variety damaged. 4. Determination of Annual Loss of Income:

Income to the orchard depends on the amount of fruit produced and its market value. This differs from season to season, between crops and varieties, between growers and even between plantings. Therefore, the value of any crop must be determined based on records of the average income over the previous five (5) years. Where such records are not available, estimates must be based on income to comparable plantings and level of management. This income assumes that all charges have been deducted such as storage, packing, and sales. This income must be further reduced by an amount equal to the cost of harvesting and hauling the lost production since such costs would not be incurred. The orchard income (less cost of harvest and handling) when divided by the total number of units of production represents the value of each unit of lost production. This unit value is then multiplied by the number of units of lost production to determine the annual loss of orchard income over the recovery period.

5. Determination of Costs Due to Tree Replacement

When damage is sufficient to require tree replacement, adjustments shall be made not only for the loss of income but also for any added costs of replacement and savings due to reduced annual production costs on the following basis:

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a. Replacing occasional trees in a planting requires the determination of added costs of removal, purchase of trees and planting. Other possible added costs and savings shall not be considered.

b. Replanting sufficient numbers of trees in a block permits management as a

separate planting. Reduced are such operational costs as pruning, bee rental, fruit thinning, fertilizer and insect, mite and disease control during the re-establishment period. The claimant should provide sufficient cost records to verify those cost savings for each of the re-establishment years. Such determinations shall be made before receiving any compensation for lost income and added costs of removing, purchase of trees and replanting.

6. Determination of Present Value of Orchard Losses

Income received today, in payment for lost future production, must be discounted according to the appropriate rate of interest on that money and the number of years of advanced payment for future lost production. The appropriate discount rate from Table B in regulation No. 1754 must be applied for all but the first year of lost production. Different discount rates shall be used depending on the number of years for the orchard to recover lost production.

#1752 – FORMULAS FOR CALCULATION OF BARK DAMAGE A. Short term bark damage (0-33%/limb or trunk) = no loss B. Long term bark damage

1. (34-49%/limb or trunk) = 33% loss

$ Loss = (# of trees) (Bu/Tree) (33%) (ORV Equivalent) (2.0) (87%) Where, ORV Equivalent = (ORV/Bu) – (Harvest + Haul Cost/Bu) 2.0 Factor = Recovery Loss Adjustment for 4-year recovery period. 87% = Present value percentage factor from column 3 of Table B of

#1754. 2. (50-59%/limb or trunk) = 65% Loss

$ Loss = (# of Trees) (Bu/Tree) (65%) (ORV Equivalent) (3.5) (80%) Where, ORV Equivalent = (Orchard Run $/Bu) – (Harvest + Haul Cost/Bu) 3.5 Factor = Recovery Loss Adjustment for 6- year recovery period.

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80% = Present value percentage factor from column3 of Table B of #1754.

C. Permanent Bark Damage (60+%/Limb or trunk) = 100% Loss

Trees which have a limb and/or truck-limb damage in excess of 60%. 1. Limb loss without 100% tree loss.

$ Loss/Tree = (Bu/Tree) (# 100%-loss limbs/Total # Limbs) (ORV Equivalent)

(Years) (P.V.1) + (Bu/Tree) (# 33%-loss limbs/Total #limbs) (33%) (ORV Equivalent) (2.0) (87%) + (Bu/Tree) (# 65%-loss limbs/total # limbs) (65%) (ORV Equivalent) (3.5) (80%)

Where ORV Equivalent = (ORV/Bu) – (Harvest + Haul Cost/Bu) Years = Remaining Commercial Life P.V.1 = Present value percentage factor from Column 3 of Table B of

#1754 based on # of years of remaining commercial life. 2.0 and 3.5 factors = recovery loss adjustment for 4 and 6 year recovery periods

respectively. 87% and 80% = present value percentage factors from column 3 of Table B of

#1754 for 4 and 6 year recovery periods. (Recovery period for 33% damaged tree is deemed to be 4

years and for 65% damaged tree it is deemed to be 6 years.) Total Block $ Loss = sum of losses calculated for individual trees.

2. Total tree loss (individual or block)

Production $ loss = (# of trees) (Bu/tree) (ORV equivalent) (Years) (P.V.)

Replacement $ Cost = (# of trees) (Cost of removal/tree + replacement cost/tree + replant cost/tree – operational cost savings)

Total $ loss = Production $ loss + replacement $ cost Where, ORV equivalent = (ORV/Bu) – (Harvest + haul cost/Bu)

Years = # years of remaining commercial life, but not greater than 10 years for apple, 8 years for peach/apricot, 15 years for sweet cherry, 10 years for sour cherry.

P.V. = Present value percentage factor from column 3 of Table B of #1754 based on # years of remaining commercial life.

#1753 – FORMULAS FOR CALCULATION OF BROWSE DAMAGE A. Short term damage

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1. Production trees – removal of terminal and blossom buds a. Full production trees

$ Loss = (# of trees) (Bu/tree) (% buds browsed) (ORV equivalent) (factor)

Where, ORV equivalent = (ORV/Bu) – (Harvest + haul cost/Bu) Factor = (1.5) (95%) for apple and pear Factor = (1.0) for stone fruits

95% = present value percentage factor from column 3 of Table B of #1754.

b. Developing young production trees

$ Loss = (# of trees) (Ave exp bu/tree) (% buds browsed) (ORV equivalent) (factor)

Where for apple types:

Ave exp bu/tree = ave exp bu production for next 2 years Factor = (1.5) (95%) Where for stone types:

Ave exp bu/tree = next year’s ave exp bu production Factor = (1.0)

3. Pre-production trees – Removal of terminal buds

$ loss = (# of trees) (Ave exp bu/mature tree) (% buds browsed) (ORV equivalent) (P.V.)

Where

P.V. = Present value percentage factor from column 3 of Table B of #1754 based on # years = (midproduction age – age of tree)

B. Long term damage

1. Production trees – Removal of terminal and blossom buds and substantial damage into past year(s) wood. (Would primarily affect young production trees prior to closure and full development.)

a. Full production trees

$ loss = (# of trees) (Bu/tree) (Years) (ORV equivalent) (P.V.) Where,

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Years = Number of years setback

P.V. = present value percentage factor from column 3 of Table B of #1754 based on number of years setback.

b. Developing young production trees

$ loss/year = (# of trees) (Ave exp bu/tree) (% branches browsed) (ORV equivalent) (P.V.)

Total block $ loss = sum of $ losses for each 1 year setback calculated separately Where,

Ave exp bu/tree =

Bu/tree adjusted for each year’s calculation depending on projected production by multiplying Bu/tree times the percent of full production normally realized for that type tree based on its age in the year for which the loss is calculated (from column 7 of Table A of #1754).

% branches browsed:

For first year of loss Calculation =

% of branches actually browsed. For subsequent years this factor has to be reduced to reflect recovery. The value by which the factor is reduced for each subsequent year = % branches browsed/# years setback.

ORV equivalent = (ORV/bu) – (Harvest + haul cost/bu)

P.V. = present value factor from column 2 of Table B of # 1754 based on the particular year of recovery (1st, 2nd, etc.)

2. Pre-production trees – Damage into past year(s) wood through browsing or rubbing,

setting tree back by years.

$ Loss = (# of trees) (Ave exp bu/tree) (Years) (ORV equivalent) (P.V.) Where, Years = Number of years setback ORV equivalent = (ORV/bu) – (Harvest + haul cost/bu)

P.V. = Present value percentage factor from column 3 of Table B of # 1754 based on # years=(Midproduction age – age of tree)

Ave exp bu/tree =

Average expected bushel production/mature tree

C. Permanent damage

1. Developing young production trees

Production $ loss = (# of trees) (Ave exp bu/tree) (ORV equivalent) (Years) (P.V.)

Replacement $ loss = (# of trees) (Cost removal/tree)+ Replacement cost/tree + replant cost/tree – Operation cost savings/tree

Total $ loss = Production $ loss + replacement $ loss

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Where, Ave exp bu/tree = Average expected bushel production/mature tree ORV equivalent = (Orchard run $/bu) – (Harvest + haul cost/bu) Years = Age of tree

P.V. = Present value percentage factor from column 3 of Table B of #1754 based on age of tree in years.

2. Pre-production trees

Production $ loss = (# of trees) (Ave exp bu/tree) (Years) (ORV equivalent) (P.V.)

Replacement $ loss = (# of trees) (cost removal/tree+ replacement cost/tree + replant cost/tree – Operation cost savings/tree)

Total $ loss = Production $ loss + replacement $ loss Where, ave exp bu/tree = Average expected bushel production/mature tree ORV equivalent = (ORV/bu) – (Harvest + haul cost/bu) Years = Age of tree

P.V. = Present value percentage factor from column 3 of Table B of #1754 based on # years = (Midproduction age – age of tree)

3. Full production trees – total tree loss

$ loss shall be calculated pursuant to formula set forth in #1752©(2).

#1754 - PRODUCTION, RECOVERY AND PRESENT VALUE TABLES TABLE A: Projected Production and Production Ages

Tree Type Plant Density

Full Production Per acre

Start Mid Production Age

Obtain High Production

% Full Production Realized in Successive Production Years

Apple 200+ 1,000 Bu 6 yrs (8) 10 Years 5, 15, 40, 70, 100

-200 1,000 Bu 6 yrs (9) 12 Years 5, 10, 15, 30, 50, 70, 100

Peach All 400 Bu 4 yrs (6) 8 Years 5, 15, 20, 40, 100 Sweet Cherry All 10,000 lbs 8 yrs (12) 15 Years

5, 10, 15, 20, 30, 50, 70, 100

Sour Cherry All 10,000 lbs 4 yrs (7) 10 Years 5, 10, 15, 30, 50, 70, 100

TABLE B: PRESENT VALUES FACTORS Years P.V. % Applied 1 1.0000 100%

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2 .9091 95% 3 .8264 91% 4 .7513 87% 5 .6830 83% 6 .6209 80% 7 .5645 76% 8 .5132 73% 9 .4665 70% 10 .4241 67% 11 .3855 67% 12 .3505 62% 13 .3186 60% 14 .2897 58% 15 .2633 56% TABLE C: MINIMUM VALUES (Used when claimant cannot present evidence of actual values)

Bottom production would be 1 bu/tree Bottom ORV would be juice at $1.25/bu

TABLE D: ABBREVIATIONS

Bu = bushel; but if other unit of measurement is appropriate (e.g., box, pound, etc.) substitute appropriate units.

Bu/tree = Annual production in bushels (or other appropriate units) of undamaged mature trees, taking into consideration growing practices and conditions.

Ave exp bu/tree =

Average expected annual production in bushels (or other appropriate units) for undamaged trees, taking into consideration growing practices and conditions, the normal % of full production for age of the tree, and other factors as may be specified for a particular formula. (Note: (“Bu/tree” and “Ave exp” bu/mature tree” do not necessarily imply different factors.)

ORV = Orchard run value in dollars. #1755-#1759-VACANT ARTICLE VI – DAMAGE TO CROPS UNDER CULTIVATION #1760 – PROOF OF LOSS REQUIREMENTS

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A. At the time of the investigation or upon submission of the proof-of-loss form the claimant shall be

responsible to prove by a preponderance of evidence: 1. Big game were present in the field prior to the time of harvest. 2. Big game did damage to his crop(s) in the amount set forth on his claim.

#1761 – DOCUMENTATION OF CLAIM A. Documentation by the claimant which is necessary to support a claim for damage to crops under

cultivation shall include but not need be limited to: 1. Data indicating that big game caused the damage which may be in the form of counts of

big game in the field made initially at the time the damage is first discovered and at least once every ten (10) days thereafter so long as damage continues.

2. Data indicating the extent of damage in commonly accepted units – for example, pounds,

bushels, bales, tons, hundred weight – and the value per unit measurement in dollars. Data acceptable for determining value include:

a. Sales receipt for harvested crops from the same field; b. Current market value obtained from local sales, market reports or other sales

value sources.

#1762 – EVALUATION AND SETTLEMENT PROCEDURE A. Damage to a growing hay crop shall be evaluated by one of the following three methods or any

other method agreed upon in writing by the claimant and the Division. 1. If comparable undamaged areas are available, the method of comparing harvest yield on

damaged versus undamaged areas, and adjusting for difference in production, if any, not due to big game use. Or:

2. Where comparable, undamaged areas are available the selection of comparative sample

plots of the damaged and undamaged crop, and clipping, air drying, and weighing vegetation within each plot to determine the quantity and quality of forage removed by wildlife may be used as an option to the method described under #1762 a. 1. Or:

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3. Where comparable damaged and undamaged areas are not available from which to obtain samples, damage shall be evaluated on a cured or air dried forage basis of 2.2 pounds per deer day use, 2.5 pounds per sheep day use, 8.8 pounds per elk day use, 1.6 pounds per pronghorn day use, 2.1 pounds per mountain goat day use, and 15.3 pounds per moose day use, or under conditions existing at the time or place of damage. If this method is used big game counts must be made at least once every ten days and no claim for damage by loss of livestock forage caused by big game shall be submitted for the same time period.

B. Damage to a growing small grain crop shall be evaluated by comparing the harvest yield on

damaged versus the most comparable undamaged areas in the vicinity, and adjusting for differences in production, if any, not due to big game use. Such damage may be evaluated by any other method agreed upon in writing by the claimant and the Division.

C. Damage to a row crop, shall be determined by one of the following methods, whichever is most

appropriate for the crops, type of damage, size of the area and other pertinent factors: 1. Selecting comparative sample areas from the damaged field and measuring the

percentage of plants which have been damaged by big game and the estimated average percent of crop loss per damaged plant within each sampled area.

2. Comparing harvest yield on damaged versus undamaged areas, and adjusting for

differences in production, if any, not due to big game use. 3. Any other method agreed upon in writing by the claimant and the Division.

D. The value of alfalfa aftermath damaged by big game shall be based on the local market value of

nearby comparable alfalfa fields, e.g. amounts paid for leasing nearby comparable alfalfa fields for grazing.

E. Value of any crop under cultivation shall be the market value at the time and place of harvest less

any normal harvesting costs that were not incurred. F. Where the Division has determined that consulting with a crop adjuster would facilitate resolution

of issues raised as part of any claim for damage to crops under cultivation, including settlement of such claim, it may contract with a crop adjuster to evaluate and report on suspected damage to such crops. If the estimated amount of damage claimed reasonably exceeds $10,000, the Division shall contract with a crop adjuster for an evaluation and report on the suspected damage. In all cases, the report prepared by the crop adjuster will be provided to the claimant for their review and information.

#1763-#1769 – VACANT ARTICLE VII – DAMAGE TO HARVESTED CROPS

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#1770 – PROOF OF LOSS REQUIREMENTS A. At the time of the investigation or upon submission of the proof-of-loss form, the claimant shall be

responsible to prove by a preponderance of evidence: 1. That big game caused damage to his harvested crop in the amount set forth on his claim.

#1771 – DOCUMENTATION OF CLAIM A. Documentation by the claimant which is necessary to support a claim for damage to harvested

crops shall include but need not be limited to: 1. Evidence sufficient to establish that the alleged damage was caused by big game. Such

evidence may include actual counts, photographs and data on concentration of tracks and/or fecal pellets or any other reasonable evidence.

2. Data indicating the extent of damage in commonly accepted units such as pounds,

bushels, bales or tons and the value per unit. Data acceptable for use in determining value include: a. Sales receipts for crops of similar quality during the period when the damage

occurred. b. Evidence or documents showing the actual cost for replacement if the damaged

crops were replaced.

#1772 – EVALUATION AND SETTLEMENT PROCEDURE A. Damage to a harvested crop shall be evaluated as follows or by any other method agreed upon in

writing by the claimant and the Division. 1. Damage to stacked hay shall be evaluated by calculating the pounds of hay which have

been damaged by big game through: a. calculation of the volume of hay removed or damaged; b. determining the number of bales damaged based on bailing wires or strings

remaining or number of bales originally in the stack. 2. Damage to harvested crops, other than haystacks, and crops being fed to livestock shall

be evaluated on a cured or air dried forage basis of 2.2 pounds per deer day use, 2.5 pounds per sheep day use, 8.8 pounds per elk day use, 1.6 pounds per pronghorn day use, 2.1 pounds per mountain goat day use, and 15.3 pounds per moose day use, or under conditions existing at the time and place of damage.

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B. Value of any crop shall be the market value at the time and place of damage. #1773-#1779 – VACANT ARTICLE VIII – DAMAGE TO LAWFUL FENCES #1780 – PROOF OF LOSS REQUIREMENT A. At the time of the investigation or upon submission of the proof-of-loss form, the claimant shall be

responsible to prove by a preponderance of evidence: 1. That big game caused damage to the specific lawful fence in the amount set forth on his

claim. #1781 – DOCUMENTATION OF CLAIM A. Documentation by the claimant which is necessary to support a claim for damage to fences shall

include but need not be limited to: 1. A statement that damaged fence was a “lawful fence” as defined in Section 35-46-101(1),

C.R.S., and that it was in good repair prior to being damaged. 2. Tangible evidence that big game animals caused the damage (i.e. game counts, tracks,

droppings, hair, game trails). 3. Agreement between the claimant and Division investigating officer, where possible, that

incurred damage was caused by big game animals. 4. A statement setting forth the amount of fence destroyed including the amount of material

by type (i.e. posts, wire, gates and labor) that is needed to repair the fence to its condition immediately prior to the occurrence of damage or destruction.

#1782 – EVALUATION AND SETTLEMENT PROCEDURE A. Settlement with the claimant shall be based on repair/replacement costs if the damage is in

excess of ten (10) percent of the value of the specific fence involved; provided however, that if the value of the repaired fence is greater than the value of the fence before damage, the amount of payment shall be reduced by the amount of increased value, or the Division may offer to replace damaged materials on an in-kind basis provided this is agreed to by both parties.

#1783 – SPECIAL PROVISIONS A. In the event that fence repairs are needed prior to the time that notification of damage can be

given and/or investigation made, the claimant shall provide sufficient evidence (photos, etc.) to

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the Division so that the extent of damage that occurred and that was caused by big game can be determined.

B. The state shall not be liable for damages to any fence on Federal lands except where the

claimant can prove ownership and title to such fence. C. The Division may require the fence owner or his authorized agent, when reasonable, to assist in

locating and investigating alleged damage. #1784-#1789 - VACANT ARTICLE IX – DAMAGE TO LIVESTOCK FORAGE IN HAY MEADOWS, PASTURE AND

ARTIFICIALLY SEEDED RANGELANDS. #1790 – PROOF OF LOSS REQUIREMENTS A. At the time of the investigation or upon submission of the proof-of-loss form, the claimant shall be

responsible to prove by a preponderance of evidence: 1. That damage occurred and it was more than ten (10) percent in excess of normal historic

wildlife use levels. 2. That damage occurred and that the claimant was unable to graze the damaged area at

the rate or time which would normally be expected by the claimant for this area under similar growing conditions in the absence of big game grazing.

3. That damage was caused by big game and not adverse weather, insects, rodents, or

some other cause. 4. That the claimant owns the land or leases it from a private owner. 5. That the meadow, pasture or artificially seeded range land was fenced and that the fence

was adequate to exclude any livestock present on adjoining lands. #1791 – DOCUMENTATION OF CLAIM A. Documentation by the claimant which is necessary to support a claim for damage to livestock

forage in hay meadows, pasture meadows and artificially seeded rangelands shall include but not necessarily be limited to: 1. A statement of the actual beginning and ending dates that the area was grazed. 2. A statement of the numbers of livestock animal units grazed by species.

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3. A proof-of-loss form prepared jointly by the claimant and a Division investigator after the livestock grazing period has been completed. Such form shall include an estimate of the amount of grazing which was still available, if any, at the time of investigation. If disagreements exist these will be separately noted on the proof-of-loss form.

4.

a. The landowner shall provide the Division with written documentation of when

(including time and dates) and where (including specific locations) the damage is occurring.

b. Head counts of the wildlife causing damage made by the claimant shall be made

in accordance with Section 33-3-202, C.R.S. to include timely notice to the Division. The required 24-hour notice to the Division shall be given either in person or by direct telephone contact to the nearest regional or area office.

c. The claimant shall provide the Division with the results of their counts with the

proof of loss forms. Nothing herein shall prevent the Division from making additional head counts.

5. A statement characterizing the nature of the growing season in one of three categories

and a statement as to the basis for such characterization: favorable, normal, or unfavorable. Such statement may include data on normal and current year dates of last killing frost and amount of rainfall by week from the nearest weather station or by other records or evidence where such records are kept.

6. An estimate by a professional range conservationist or other similarly qualified person,

acceptable to the Division and claimant, of the normal grazing capacity of the damaged area considering the actual growing conditions, range condition and type of livestock grazed or the normal grazing capacity can be determined by an arbitration panel composed of one arbitrator chosen by the landowner, one chosen by the Division and a third arbitrator chosen by the other two arbitrators as stated in 33-3-104 (d). The panel shall provide an estimate within ninety (90) days of the claim submitted.

7. If the damaged area is a hay meadow, a certified statement of the date of last hay

cutting. 8. A statement designating the historic average number(s) of big game, by species, present

on the property in question. #1792 – EVALUATION AND SETTLEMENT PROCEDURE A. The amount of damage shall be the difference between the grazing capacity of the area and the

amount of grazing actually realized by the claimant, provided that the amount of damage calculated in this way could have been caused by the number and kind of big game animals

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documented to have used the designated area or damage can be determined strictly on the basis of the number of big game animals counted on the property during the damage period. The amount of damage that could have been caused by big game shall be based on the following annual average livestock animal unit month (AUM) equivalents:

13.6 pronghorn months = 1 AUM 8.7 bighorn months = 1 AUM 9.9 deer months = 1 AUM 2.5 elk months = 1 AUM 1.4 moose months = 1 AUM 10.3 mountain goat months = 1 AUM

Each AUM equivalent represents the average total amount of forage that could have been eaten by big game. Actual consumption is determined by establishing the proportion of the big game animals’ daily forage intake that occurred on the damaged area and dividing the wildlife UM’s by this fraction. In the event that these average equivalents are not applicable to the circumstances of an individual case either party may come before the Commission to request a change in regulation in that instance. 1. The Division may compensate landowners or lessees with the comparable amount of hay

or feed or equivalent thereof in lieu of AUM equivalents of the wildlife causing damage where the loss of livestock forage required supplemental feeding.

B. Grazing capacity shall be determined by forage measurement procedures which meet U.S. Soil

Conservation Service standards, contained in the National Range Handbook published by the U.S. Soil Conservation Service (July 13, 1976).(note: later amendments to these standards are not hereby incorporated). Copies of the SCS handbook may be obtained at cost by writing: Director, Colorado Parks and Wildlife, 6060 Broadway, Denver, CO 80216.

C. The amount of grazing actually realized by the claimant shall be determined by taking the actual

number of animal unit months of livestock grazing which occurred on the area and adding the estimated amount of grazeable forage remaining after termination of grazing or subtracting the amount by which the area was overgrazed.

D. Liability is limited to that proportion of the damage in excess of the historic big game use levels,

and the state shall be liable for such damages only if they are more than ten (10) percent in excess of normal historic wildlife use levels. This proportion is obtained by subtracting the 1953 to 1973 average population from the current population for the species causing damage and dividing this difference by the current population. If the Division does not agree with the claimant on the historic levels of any species, or this proportion, it may be determined by arbitration. If a

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satisfactory solution cannot be established by arbitration then the proportion shall be determined by the legal process described in 33-3-104(1)(d) and 33-3-108, C.R.S.

E. Value of grazing shall be the current market value at the time and place of the forage loss. #1793-#1799 - VACANT ARTICLE X - DAMAGE TO LIVESTOCK FORAGE ON GRAZING LAND WHICH IS DEFERRED FOR

SEASONAL USE #17100 – NOTICE OF INTENT TO DEFER GRAZING A. Any person who designates all or part of his grazing land as “grazing land which is deferred for

seasonal use” shall provide written notice thereof to the Division no later than fifteen (15) days prior to the beginning date of intended deferral period. Such notice shall include: 1. A map and legal description of the grazing land which is deferred for seasonal use. 2. A statement from a professional range conservationist or similarly qualified person,

stating the range site(s) included within the area to be designated and the range condition class(es) of the area, and the resulting initial stocking rate recommended for the designated area in a normal year, a favorable production year and an unfavorable production year. If more than one range site and/or condition class is represented on the area designated, the area in each site and condition class shall be outlined on the map described in 1, and the percentage of the total area in each site and condition class shall be recorded. Methods used to determine range site and condition class shall be described. Copies of all data collected shall be included. If the professional range conservationist or other qualified person is not available, the range site classification maps and data may be used provided that the range site classification maps and data have been developed within the last five years.

3. A signed statement on forms provided by the Division from the owner or grazing lessee of

the lands to be designated certifying; a. That the area to be designated is surrounded by a fence adequate to exclude

livestock which may be present on adjacent lands. b. Beginning and ending dates of the intended deferral period (period of no

livestock grazing). c. Beginning and ending dates of the intended grazing period. d. Numbers of livestock animal units by species which are intended to be grazed.

#17101 – PROOF OF LOSS REQUIREMENTS

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A. At the time of the investigation or upon submission of the proof-of-loss form, the claimant, shall be

responsible to prove by a preponderance of evidence: 1. That he met the requirements concerning notice of intent to defer grazing on the lands

where the damage is alleged to have occurred. 2. That damage occurred and it was more than ten (10) percent in excess of normal historic

use levels. 3. That livestock were unable to graze the area at the rate planned and normally expected

under similar growing conditions in the absence of big game grazing; and that the damage was caused by big game and not adverse weather, insects, rodents or some other cause.

4. That he owns the land or leases it from a private owner. 5. That the land was adequately fenced to exclude any livestock present on adjoining lands.

#17102 – DOCUMENTATION OF CLAIM A. Documentation by the claimant which is necessary to support a claim for damage to livestock

forage on grazing land deferred to seasonal use shall include but is not necessarily limited to: 1. A statement of the actual beginning and ending dates that the area was grazed. 2. A statement of the numbers of livestock animal units grazed by species. 3. A proof-of-loss form prepared jointly by the claimant and the Area Wildlife Manager or his

designee after the grazing period has been completed. Such form shall include an estimate of the amount of grazing which was still available, if any, at the time of investigation. If the claimant and the Division representative do not agree on the amount of remaining grazing capacity, sufficient evidence which may include but is not limited to appropriate photographs and range condition data shall be provided by the claimant to document the actual condition of the area, and if disagreements exist these will be separately noted on the proof-of-loss form.

4. A statement of the number and kind of big game using the designated area including data

from all counts made by date and time of day and a list of all known witnesses who participated in these counts. Head counts of the wildlife causing damage shall be made in accordance with Section 33-3-202, C.R.S. to include timely notice to the Division. The required 24-hour notice to the Division shall be given either in person or by direct telephone contact to the nearest regional or area officer. Numbers of big game shall be expressed in terms of the average daily number of animals present and shall include an estimate of the percentage of their daily food consumed or damaged on the designated

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area. Counting procedure shall be described. Nothing herein shall preclude the Division from making additional head counts.

5. A statement describing the quality of the growing season as favorable, normal or

unfavorable. Based on weather and related environmental conditions, a growing season shall be considered favorable if, on the average, more favorable conditions occur 1 year in 4 or less frequently. A growing season shall be considered unfavorable if, on the average, less favorable conditions occur 1 year in 4 or less frequently. Such statement shall include data on normal and current year dates of the last killing frost and the amount of rainfall by week from the nearest weather station or by other records or evidence where such records are kept.

6. A statement designating the historic average number(s) of big game, by species, present

on the property in question. #17103 – EVALUATION AND SETTLEMENT PROCEDURE A. The amount of damage shall be the difference between the grazing capacity of the area and the

amount of grazing actually realized by the claimant, provided that the amount of damage calculated in this way could have been caused by the number and kind of big game animals documented to have used the designated area during the deferral period. The amount of damage that could have been caused by big game shall be based on the following annual average livestock animal unit month (AUM) equivalents:

13.6 pronghorn months = 1 AUM 8.7 bighorn months = 1 AUM 9.9 deer months = 1 AUM 2.5 elk months = 1 AUM 1.4 moose months = 1 AUM 10.3 mountain goat months = 1 AUM

If the deferred grazing land contains a substantial amount of herbage other than grasses and legumes, the AUM equivalents must be adjusted for the amount of herbage consumed by wildlife which is not livestock forage. This is accomplished by dividing the appropriate AUM equivalent from the list above, by the proportion of dietary overlap for the species of wildlife and livestock involved. This proportion shall be obtained from the following table unless some other figure can be shown to reflect more accurately the actual situation.

DEGREE OF DIETARY OVERLAP BETWEEN VARIOUS BIG GAME SPECIES AND DOMESTIC

CATTLE AND SHEEP.

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COW SHEEP ELK .91 .96 DEER .50 .80 PRONGHORN .80 .80

Each AUM, as adjusted if necessary, represents the average total amount of forage that could have been eaten by big game. Actual consumption is determined by establishing the proportion of the big game animals’ daily forage intake that occurred on the damaged area and dividing the wildlife UM’s by this fraction. In the event that these average equivalents are not applicable to the circumstances of an individual case either party may come before the Commission to request a change of regulations in this instance.

B. Grazing capacity shall be determined by forage or measurement procedures which meet U.S.

Soil Conservation standards as set forth in #1792(b) of these regulations or as designated for the forage growth favorable class most representative of the actual growing conditions when forage was produced.

C. The amount of grazing actually realized by the claimant shall be determined by taking the actual

number of animal unit months of livestock grazing which occurred on the deferred area and adding the estimated amount of grazable forage remaining after termination of grazing or subtracting the amount of which the area was overgrazed.

D. Liability is limited to the proportion of the damage in excess of the historic big game use levels

and the state shall be liable for such damages only if they are more than ten (10) percent in excess of normal historic wildlife use levels. This proportion is obtained by subtracting the 1953 to 1973 average population from the current population for the species causing damage and dividing this difference by the current population. If the claimant and the Division cannot agree on this proportion it may be determined by arbitration. If a satisfactory solution cannot be established by arbitration then the proportion shall be determined by the legal process described in 33-3-104(1)(d) and 33-3-108, C.R.S. (amended, 1984 by HB 1376).

E. Value of grazing shall be the current market value at the time and place of the forage loss.

Values computed for loss of dry standing forage shall be reduced by the amount which should have been required for purchase of necessary protein, and/or energy supplements if the forage had been used for grazing.

#17104 – SPECIAL PROVISIONS If any person who has designated deferred grazing land turns livestock into the designated area at any time or at any rate other than that specified in the notice of designation, he shall notify the Division in writing on the date, type and number of livestock within 10 days of the actual beginning date of livestock grazing. If any such change substantially modified the expected grazing capacity of the designated area, any claim for damage shall be based on the modified grazing capacity.

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#17105-#17109 – VACANT ARTICLE XI – DAMAGE TO NURSERIES #17110 – PROOF OF LOSS REQUIREMENTS A. At the time of the investigation or upon submission of the proof-of-loss form, the claimant shall be

responsible to prove by a preponderance of evidence. 1. That big game were present in the nursery. 2. That big game did damage to the nursery to the extent that future production will be

affected. B. The claimant shall also furnish:

1. The age of each damaged tree or shrub. 2. The species and variety of each damaged tree or shrub. 3. Production records for the last 5 years, or for the number of years the claimant has

owned the nursery, whichever is less. 4. Average operating expenses for 5 years, or for the number of years the claimant has

owned the nursery, whichever is less, immediately preceding the date of claim. Such expenses include all costs for spraying, pruning, irrigation water, harvesting, cultivating and any other cultivation practice required for production of the crop.

#17111 – DOCUMENTATION OF CLAIM A. Investigation of damage claims for nursery damage shall be conducted jointly by the claimant and

the Division’s investigator. Documentation which is necessary to support a claim for damage to nurseries shall be prepared by the claimant and shall include but need not be limited to: 1. A map of the entire nursery area showing the location of trees and shrubs within the

nursery that have been damaged by big game. 2. The species, variety, age and extent of damage for each tree and shrub. 3. The percent of each tree that has been damaged by barking, browsing or rubbing which

shall be determined as follows: a. Bark damage – will be determined by estimating the percent of bark removed

down to the cambium layer on the circumference of the trunk and branches of each tree or shrub and its relative affect on the life and productivity of the trees

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and shrubs in question. This percent permanent damage will be applied to the appropriate tree and shrub values to arrive at the amount of reimbursement to the claimant. Light barking which doesn’t expose the cambium will not be considered as permanent damage.

b. Browse damage – will be determined for each tree or shrub by first estimating the

percent of total twigs that have been damaged. This percent will be applied to the appropriate tree or shrub value to arrive at the dollar amount of damage.

c. Barking and browse damage to the same tree or shrub will be determined by first

estimating bark damage then estimating browse damage to only the unbarked percent of each tree or shrub.

d. Antler rubbing damage, which characteristically occurs to younger trees, will be

determined by estimating the percent of permanent damage to each tree including bark removal and stem breakage, and applying this percent to the appropriate tree value.

4. A statement as to the overall health and vigor of each damaged tree in relation to the

undamaged trees. The overall condition of each damage tree shall be considered in relation to trees which have been maintained in a reasonably good condition. Sales receipts will be reviewed to assist in determining the value of the trees. Field inspection and production records where applicable shall be used as a basis for this statement.

5. The dollar value loss for the entire claim shall be a summation of dollar value losses

derived from the total of individual tree or shrub damage values. If the damaged stock happens to be fruit trees the values listed for them in Article V may be used. Leaf browsing during the growing season is usually not damaging since it is not permanent. Removal of fruit and berry buds can be damaging to future production.

#17112 – SPECIAL PROVISIONS A. Where more than one claim for damage is made for the same trees or shrubs damaged in

different years, cumulative payments to the claimant shall not exceed 100 percent of the highest value of the trees or shrubs involved.

B. Where 100% damage has been paid on a tree or shrub it becomes the property of the state and

may be disposed as the Division directs. ARTICLE XII- DAMAGE CAUSED BY SMALL GAME AND FURBEARERS #17121- DEFINITIONS FOR ARTICLES XII - XV

A. “Body Grip Device” means a mechanical device designed to kill an animal quickly upon capture.

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B. “Bona fide scientific research” means any research project conducted by the Division or authorized by a scientific collection permit issued by the Division.

C. “Cable Device Trap” means any powered or non-powered device made of stranded steel cable

set in a manner that a loop of cable encircles the animal’s body or limb.

D. "Canada Lynx Recovery Area" means the area of the San Juan and Rio Grande National Forests and associated lands above 9,000 feet extending west from a north-south line passing through Del Norte and east from a north-south line passing through Dolores and from the New Mexico state line north to the Gunnison basin (including Taylor Park east to the Collegiate Range). The GMUs included in the area are: 55, 65, 66, 67, 68, 70, 71, 74, 75, 76, 77, 78, 79, 80, 81, 551, 681, 711 and 751.

E. “Designated and marked trails” means any trail on public property or a public trail easement

across private lands that has signs to indicate that it is a public trail; is maintained; and has a trail number or designation on a map or brochure published by the government entity who has jurisdiction over the trail.

F. “Drag” means an object attached to a trap to retard the movement of a trap and to detain an

animal. G. “Enclosed Foothold Trap” means any mechanical device designed to encapsulate and hold the

animal’s foot. These foot encapsulating devices are highly species-selective by design. H. “Foothold Trap” means any mechanical device with jaws designed to catch an animal by the

foot.

I. “Lethal cable device trap” means a cable device trap designed to kill an animal upon capture.

J. “Nonlethal cable device trap” means a cable device trap with a stopping device designed to prevent strangulation of the species for which the cable device trap is set, or a mechanical or spring powered cable device trap designed to catch the animal by the foot or leg.

K. “Relocation” means movement of live wildlife captured by a person to another site which is not contiguous to the capture site.

L. “Traps specifically designed not to kill” means padded, laminated, or off-set steel jawed foothold traps, enclosed foothold, box traps, and cage traps, as conditioned elsewhere in these regulations.

#17122 – MANNER OF TAKE

A. The following are legal methods of take for all small game and furbearers listed in this chapter, except as otherwise noted. Any method of take not listed herein shall be prohibited, except as provided by statute or these regulations.

1. Any rifle or handgun. 2. Any shotgun. 3. Handheld bows and crossbows. 4. Any air gun, except that for coyote or bobcat the air gun must be a pre-charged

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pneumatic air gun .25 caliber or larger. 5. Slingshots only for small game mammals listed herein. 6. Live traps (limited to cage or box traps) for live capture and relocation.

B. Live Capture and Relocation

1. Unless relocation has been authorized, small game and furbearers captured in live traps

(limited to cage or box traps) cannot be moved from the capture site and must be killed or released on site when the trap is checked.

2. Except as provided herein, a relocation permit is required to relocate all small game and

furbearers. a. Tree squirrels, cottontail rabbits, and raccoons trapped in cage or box traps may be

relocated without a permit provided the Division has been notified in advance; the relocation site is appropriate habitat for the species; permission has been obtained from the private landowner; and relocation occurs within 10 miles of the capture site for squirrels and rabbits, and within two miles of the capture site for raccoons.

b. Relocation permit applications must be submitted to and approved by the Division

prior to relocation. Permit approval or denial shall be based on the following: size of the relocation site; proximity of the site to public lands; habitat suitability and potential to support the relocated species; escape control, including buffer zones and active control if necessary; wildlife health and zoonotic disease concerns, and any other appropriate wildlife management concerns. In addition, applications must be submitted for all requests to move prairie dogs including modifications and extensions for wild to wild relocation permits. Permits authorizing movement of prairie dogs shall cost forty dollars ($40.00). Original applications shall also include a management plan specifically addressing the applicant’s long term plans for the maintenance or control of the prairie dog population on the property. For any species which, in accordance with the provisions of § 35-7-203, C.R.S., requires approval of the county commissioners, the applicant shall also submit a copy of the resolution as approved by the county commissioners.

c. Labeling of traps – All live traps (limited to cage or box traps) placed on public lands must be labeled permanently and legibly with the trapper’s Customer Identification Number (CID) in a location that is visible without having to manipulate the live trap in any way. If the trapper does not have a CID, all live traps placed on public lands must be labeled with the trapper’s name. Live traps not properly labeled may be confiscated by any Wildlife Officer.

C. Except as prohibited by federal, state, and local statutes or regulations, toxicants or handheld

devices designed to deliver into burrows and then ignite a mixture of propane and oxygen, or similar combination of explosive gases, may be used by a person, or a person’s agent, to take Richardson’s ground squirrel, rock squirrel, thirteen-lined ground squirrel, pocket gopher, marmots, black-tailed, white-tailed, and Gunnison prairie dogs where necessary to control damage on land owned by them.

D. Furbearers may be taken using foothold traps, any body-grip device, and cable device traps,

when trapping is done in accordance with the provisions of 33-6-204, C.R.S. (General Exemptions); 33-6-205, C.R.S. (Exemption for Departments of Health); 33-6-206, C.R.S.

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(Nonlethal Methods Exemptions); or 33-6-207, C.R.S. (Exemptions for Protection of Crops and Livestock); all of which are exemptions authorized by Article XVIII, Section 12, of the Colorado Constitution; conditioned as follows:

1. All foothold traps set on land must be equipped with: a) padded, laminated or offset jaws;

b) anchor chains attached to the center of the base plate of the trap; such chain shall have a double swivel mechanism to prevent tangling of the chain; c) a spring device which serves as a shock absorber; d) when anchored by a stake, a chain of 30 inches or less must be utilized; e) when anchored by a drag, a chain of six feet or less must be utilized.

2. All enclosed foothold traps set on land must be equipped with: a) a chain or cable of 15 inches or less when anchored by a stake; b) a center mounted anchor; c) such chain or cable shall have a double swivel mechanism to prevent entanglement; d) when anchored by a drag, a chain or cable of six feet or less must be utilized.

3. All foothold traps with an inside jaw spread of 5 ½ inches or greater and set on land must be equipped with a pan-tension device set to a minimum release pressure of 3 ½ pounds as tested at the center of the pan.

4. All pads on padded jaw traps must be maintained in good condition so as to effectively minimize injury to the trapped animal.

5. Any foothold trap, enclosed foothold trap, or any colony trap designed to be a drowning set, may be used as a drowning set when trapping is done in accordance with the provisions of the Departments of Health Exemption or the Exemptions for the Protection of Crops and Livestock.

6. Nonlethal cable device traps: powered and non-powered cable device traps set on land must be equipped with a stop designed to restrain furbearers without suffocation, and must be equipped with an in line swivel, placed at least one (1) foot from the stake, to prevent the cable device trap from closing to a circumference of not less than 10.5 inches, except stops may be set at a circumference of not less than 8.0 inches in areas and at times when red fox are causing damage to livestock. All cable device traps must break away at a maximum of 350 pounds of pull.

7. Lethal cable device traps: passive or non-mechanical foot cable device traps are prohibited, except when trapping is done in accordance with the provisions of the Departments of Health Exemption or the Exemptions for the Protection of Crops and Livestock. Mechanical or spring-powered foot cable device traps are permitted. All cable device traps must break away at a maximum of 350 pounds of pull.

8. Body grip devices with a maximum jaw spread of 8.5 X 8.5 inches or greater may not be used, except in water set, and only when trapping is done in accordance with the provisions of the Departments of Health Exemption or the Exemptions for the Protection of Crops and Livestock.

9. Body grip devices with a maximum jaw spread between 7.0 X 7.0 and 8.5 X 8.5 inches may not be used, except in water sets, when set at least 5 feet above the ground, or when set in devices designed to exclude dogs; and only when trapping is done in accordance with the provisions of the Departments of Health Exemption or the Exemptions for the Protection of Crops and Livestock.

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10. Body grip devices used to take muskrat on land must be a double-spring design and

have a maximum jaw spread no greater than 4.5 X 4.5 inches. A single-spring design with a maximum jaw spread no greater than 4.5 X 4.5 inches is permitted for muskrat in submersion sets. Provided further that any such use of body grip devices must be in accordance with the provisions of the Departments of Health Exemption or the Exemption for the Protection of Crops and Livestock.

11. Trapping in the following areas is prohibited except with: a) padded, laminated, or off-set jaw traps; b) body grip devices with a maximum jaw spread less than 7 X 7 inches in size; or c) land or water set cable device traps with a closure size of 16- inch circumference or larger. Provided further that padded, laminated, or off-set jaw traps and cable device traps may not be used in drowning sets, that padded, laminated, or off-set jaw traps and land set cable device traps may only be set in accordance with the provisions of the Departments of Health Exemption, Nonlethal Methods Exemption, or the Exemption for the Protection of Crops and Livestock; and that water set cable device traps and body grip devices may only be set in accordance with the provisions of the Departments of Health Exemption or the Exemption for the Protection of Crops and Livestock. a. That portion of the Gunnison River and five (5) miles upstream along each of its

tributaries in Montrose and Delta Counties from the Black Canyon of the Gunnison National Park downstream to that point where the river meets Highway 92; and all lands within 100 yards of the high water line of this portion of the Gunnison River and all tributaries thereof.

b. That portion of the Piedra River upstream from Navajo Reservoir to the headwaters including East Fork and Middle Fork of the Piedra River in Hinsdale and Archuleta counties and 9 miles upstream on the First Fork. This restriction includes the fol-lowing tributaries: Sand Creek, Weminuche Creek, Little Sand Creek, Williams Creek and all lands within 100 yards of the high water line of the above waters.

c. The Dolores River from McPhee Reservoir downstream to Bed Rock is closed within 100 yards of the high water line.

d. The San Juan River from Pagosa Springs downstream to the New Mexico state line is closed within 100 yards of the high water line.

12. On all public land the use of foothold traps is prohibited on or within 30 feet of either side

of officially designated and marked trails unless such traps are placed in water or off the ground. Provided further that such traps may only be set in accordance with the provisions of the Departments of Health Exemption or the Nonlethal Methods Exemption.

13. The use of ground set foothold traps and cable device traps are prohibited within 30 feet

of the exposed carcass of any game wildlife or domestic animal. Provided further that such traps may only be set in accordance with the provisions of the Departments of Health Exemption, the Nonlethal Methods Exemption, or the Exemptions for the Protection of Crops and Livestock.

a. For the purpose of regulation #17122.D(13) only, “carcass” means the meat and

internal organs of game wildlife and domestic animals and does not include bones, hides or other nonedible parts.

14. No foothold trap, enclosed foothold trap, body grip device, or cable device trap, except for those lawfully placed on private property, may be set within 50 feet of either side of the traveled portion of any state highway, U.S. or Interstate highway, or any county road.

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15. All foothold traps used within the area designated below must be set with a pan tension device that requires a minimum of 3 ½ pounds of force to activate the trap. Except for water or tree sets, body grip devices are prohibited within the following area: That portion of Delta, Mesa and Montrose counties bounded on the north by the Mesa-Garfield county line from the Utah state line east to U.S. Interstate 70; bounded on the east by U.S. Interstate Highway 70 from the Mesa-Garfield county line to Colorado State Highway 65; from Colorado State Highway 65 to its junction with the northern boundary of the Grand Mesa Forest and following the boundary line west, south and then east to its junction with Colorado State Highway 65, from Colorado State Highway 65 to its junction with the Gunnison River, from the Gunnison River to Colorado State Highway 347, from Colorado State Highway 347 to its junction with U.S. Highway 50; bounded on the south by U.S. Highway 50 from its junction with Colorado State Highway 347 to the Gunnison River, from the Gunnison River to its junction with the Colorado River, from the Colorado River to the Utah state line; and bounded on the west by the Utah state line. Provided further that any such trapping must be done in accordance with the provisions of the Departments of Health Exemption, the Exemptions for the Protection of Crops and Livestock and the Nonlethal Methods Exemption.

E. Thirty (30) Day Trapping Period for Livestock and Crop Protection

1. Landowners and others authorized by statute who are trapping pursuant to 33-6-207, C.R.S. must notify the Division in accordance with 33-6-208, C.R.S. All definitions and other provisions will be in accordance with 33-6-208, C.R.S, and 35-40-100.2-115, C.R.S.

F. Baits

1. Furbearers may be taken with the aid of baiting. Where permitted, baits shall consist solely of material of animal or plant origin and shall not contain any materials of metal, glass, porcelain, plastic, cardboard or paper. Wildlife used as bait shall be the carcass, or parts thereof, of legally taken furbearers, carp, shad, white and longnose suckers, and nonedible portions of legally obtained game mammals, birds and game fish.

G. Checking Frequencies

1. All live traps (limited to cage or box traps) must be visually checked on site at least once every day, except under the provisions of #17122.G(3) below.

2. All foothold traps, non-lethal cable device traps, lethal cable device traps, body grip devices and drowning sets when used in accordance with the provisions of the General Exemptions, Departments of Health Exemption or the Nonlethal Methods Exemptions must be visually checked on site at least once every day. In the Canada lynx recovery area or on properties known to be occupied by Canada lynx the checking frequency is at least every 24 hours.

3. All live traps (limited to cage or box traps), foothold traps and non-lethal cable device traps set in accordance within the provisions of the Exemptions for Protection of Crops and Livestock, must be visually checked on site at least three times per week; twice, 2 days apart and once, 3 days apart in any seven-day period (any combination of 2-2-3).

4. All lethal cable device traps, body grip devices, and drowning sets set in accordance with the provisions of the Exemptions for Protection of Crops and Livestock must be visually checked on site at least once every 7 days.

#17123 - SPECIAL CONDITIONS

A. Exemption for wildlife in conflict with people

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1. In addition to the authority granted in subsection 33-6-107(9) C.R.S. to take wildlife

causing damage to real or personal property; any person, members of their family, or their agents may year-round, without securing licenses to do so, take:

a. Cottontail rabbits, tree squirrels or opossums on property owned or administered by

them, whenever such wildlife is causing damage on such property.

Methods of take used must be in accordance with federal, state, and local law. ARTICLE XIII – DAMAGE CAUSED BY MIGRATORY BIRDS #17131 – RESTRICTIONS

A. Landowners or their designee may use dogs to haze geese off of their property in order to prevent or alleviate damage, except from March 1 through July 31, provided that the dog is controlled such that no geese are injured or killed.

B. Crows and magpies may be taken without Federal or State permit at any time of the year or at any time of the day or night when found committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.

C, Resident Canada Goose Nest and Egg Depredation Permit. The United States Fish and Wildlife Service (USFWS) requires a person to register with them online, prior to destroying any resident Canada goose nests or eggs.

ARTICLE XIV – DAMAGE CAUSED BY NONGAME WILDLIFE #17141 – RESTRICTIONS

A. Bats, mice (except those federally listed mouse species), voles, rats, porcupines, and ground squirrels may be captured or killed when creating a nuisance or causing property damage.

B. Take of Threatened and Endangered Species 1. Any person may take threatened or endangered wildlife in defense of his life or the life of

others. 2. All threatened or endangered fish taken by any means shall be returned unharmed to the

water immediately. 3. While conducting an otherwise lawful activity, including, but not limited to, live trapping or

hunting bobcat, taking action pursuant to 33-6-207, C.R.S., to protect livestock, protection of livestock through the use of guard dogs, or taking action pursuant to 33-3-106, C.R.S., to prevent death or injury to human life or livestock, a Canada lynx is: a. accidentally captured, but not injured, it shall be released immediately and the

capture shall be reported to the Division within 24 hours;

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b. accidentally injured, but not in the possession of the person, the injury shall be reported to the Division within 24 hours;

c. accidentally injured and in the possession of the person, the Canada lynx shall be immediately delivered to the Division or taken to a licensed veterinarian for appropriate care and reported to the Division within 24 hours;

d. accidentally killed, then it shall be reported to the Division within 24 hours and the carcass shall be delivered to the Division within 3 (three) days of the report.

Any failure to provide the required notice to the Division or to deliver the injured or dead Canada lynx to the Division within the time periods allowed shall be prima facie evidence of unlawful take and possession of Canada lynx.

For the purposes of this subsection, “accidental” specifically excludes any intentional, knowing or negligent action on behalf of any person or a person’s agent or employee.

ARTICLE XV – DAMAGE CAUSED BY WILDLIFE #17151 – RESTRICTIONS

A. Motor Vehicles, by permit only.

1. The Division may issue permits to licensed and/or commercial operators, which shall be free of charge, for the taking of nuisance wildlife from within or on a motor vehicle when it is determined by an Area Wildlife Manager or District Wildlife Manager that such a permit is necessary for the protection of property including crops or livestock. Applicants shall fill out applications furnished by the Division and shall give such information thereon as may be required by the Division; including, if requested, a map of the area where control of animal damage is needed.

2. Permits shall not be issued for longer than a sixty (60) day period. A permit may, however, be renewed without submitting a new application unless deemed necessary by the Regional Wildlife Manager. Any such permit may be revoked by the Regional Wildlife Manager at any time. Permittees shall abide by restrictions and conditions set forth on the permit.

3. “Nuisance Wildlife” means those wildlife species specifically listed in §33-6-107(9), C.R.S. as well as tree squirrels, cottontail rabbits, marmots, opossums, bats, mice (except federally listed mouse species), voles, rats, and ground squirrels, which are an inconvenience or annoyance by causing damage to real or personal property. DRAFT

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Chapter 17 – Damage Caused by Wildlife

Basis and Purpose: Big Game Damage Edits In January 2012, Colorado Governor John Hickenlooper directed all state agencies to perform regulatory efficiency reviews. Executive Order D 2012-002 directed each department and state agency to undertake a periodic review of its existing rules. These changes constitute a regulatory clean-up of Chapter W-17 that resulted from the opening of this chapter for review from staff and the public. The majority of the changes included updating the references throughout the chapter, specifically the marketing report titles. Trapping Edits/Additions Regulated trapping can provide many benefits to the general public. Trapping can be an effective tool to reduce wildlife damage to crops and property, reduce threats to human health and safety, and even help restore, monitor and study wildlife populations. Trapping in Colorado is also highly regulated and constrained by the limitations set forth by Amendment 14 to the state constitution and state statutes.

In February of 2017, Colorado Parks and Wildlife (CPW) assembled a trapping workgroup consisting of individuals from different branches within the agency as well as from the Colorado Department of Agriculture (CDA), United States Department of Agriculture (USDA), and the Colorado Trappers and Predator Hunters Association (CTPHA). This group was tasked with updating the trapping regulations within Chapter W-3 (Small Game) to incorporate new industry best management practices (BMPs), increase animal welfare, and make CPW regulations consistent with those of the CDA. An additional goal of the group was to make the regulations easier to understand and to potentially create companion education materials to help the average citizen navigate our complex trapping rules. The Division relied on the BMPs developed by the Association of Fish and Wildlife Agencies (AFWA) to make these recommended changes. These BMPs were developed based on sound science and research, evaluating traps and trapping methods to increase animal welfare, as well as improve efficiency, species selectivity and safety. Experts from all 50 states, including conservation groups, were involved in the development of these BMPs over a twenty-year period. Incorporating these BMPs into our trapping regulations will only improve traps and trapping systems in Colorado. The majority of the changes occurred within previous regulation #303.E related to the nuisance trapping of furbearers done in accordance with the provisions of 33-6-204, C.R.S (General Exemptions), 33-6-205, C.R.S. (Exemption for Departments of Health), 33-6-206, C.R.S. (Nonlethal Methods Exemptions) and 33-6-207, C.R.S (Exemptions for Protection of Crops and Livestock). Along with updating this regulation, the work group also recommended moving the majority of these items into Chapter W-17, to help avoid confusion with avocational trapping and since they are more closely related to wildlife damage. Additional nuisance wildlife regulations were also moved into Chapter W-17 from Chapters W-2, W-5 and W-10, creating one chapter containing all “Damage Caused by Wildlife” regulations, also resulting in the name change to the chapter. The one exception was previous regulation #303.E.8, related to the permitted taking of coyotes by aircraft. This regulation was moved into Chapter W-0 as it relates to the taking of coyotes for the protection of wildlife populations and is not applicable to wildlife damage or recreational small game hunting. Definitions for “drag”, “lethal body grip device”, “live trap (cage or box)”, and “enclosed foothold trap”, were also added to regulation to provide more clarity on what these traps are. “Nuisance wildlife” has also been defined relative to these small game damage regulations. The terms “leghold”, “snare”, “instant kill body-gripping designed trap” and “nonlethal snare” were also replaced with the terms “foothold”, cable

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device trap”, “body grip device” and “nonlethal cable device trap” respectively, to align with the language within AFWA’s BMPs. Previous motor vehicle permit regulations were also modified to cover additional specified nuisance species beyond coyotes. While more species have been added, the regulation now restricts issuance of these permits to licensed or commercial operators only, which also includes agricultural operators. These permits are intended to be issued to a small number of individuals annually, under unique circumstances and at the discretion of Division staff. The primary statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-106, C.R.S. EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JANUARY 1, 2018 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 16th DAY OF NOVEMBER, 2017.



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30 (A) Consent Agenda

Proposed Parks and Wildlife Commission Consent Agenda November 16-17, 2017

In order to increase the Parks and Wildlife Commission’s efficiency and allow more time for consideration of wildlife policy and contested issues, the listed items are noticed for action by the Commission as part of the November 2017 “Consent Agenda.”

Note: The process for placing matters on the Consent Agenda is as follows: The Director identifies matters where the recommended action follows established policy or precedent, there has been agreement reached or the matter is expected to be uncontested and non-controversial. Staff will provide written memos to the Parks and Wildlife Commission members explaining the matters on the Consent Agenda. Copies of the memos will be available to the public.

Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other agenda items. If a member of the Commission requests further consideration of an item on the consent agenda, that item will be withdrawn from the Consent Agenda and discussed and acted upon as determined by the Commission. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director for any matter on the Consent Agenda.

Habitat Partnership Program Committee Nominations 30.1 (A) Name Representing Committee Name Background Starting Date

Brian Bechaver

Colorado Parks and Wildlife

Mount Blanca Replaces Jason Surface

Upon Appointment

License Suspension Appeals * A “yes” vote will result in the original suspension handed out by the Hearings Office being upheld.

30.2 (A) Name Case # Suspension Cullen, Terry M. COS 7598 1 Year

Hiscock, Dale W. DEN 7533 4 Years

White, Scott A. LAM 7530 3 Years

Wisneski, Robin R. DEN 7537 2 Years

Real Estate 30.3 (A) Project # Project Name

17-027 St. Vrain State Park - Oliver - Oil & Gas Lease 17-044 Lowell Ponds SWA - CDOT - Lease Termination 17-045 Mount Shavano SFU and Mount Shavano SWA - Chaffee County Road 154 - ROW 17-046 Mt. Ouray and Mt. Shavano SFUs - Yunikar - Easement Disposition

Issues Identification 30.4 (I) Chapter W-2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter W-0

(“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure consistency with Chapter W-2. (Step 1 of 2)

Open for review of the entire chapter, including, but not limited to:

Implementing a new archery bighorn ram season in combined units S26 and S70.

Creating a split season for ram rifle hunting in unit S61.

Making hunt codes DF038P5R and DF038L1R List C licenses.

Amending the boundaries for Private Land Only (PLO) buck and doe hunt codes in GMU 38,with a new western boundary of Hwy 119.

Making PLO doe licenses in GMUs 391 and 461 List C.

Removing antlerless deer hunt codes in DAUs D-22 and D-25.

Adding a 4th season for buck hunting in DAU D-34.

Changing the season dates for the Air Force Academy deer hunts to October 1-December31st.

Changing the season dates for the late antlerless elk licenses in GMUs 50, 500, and 501 toopen the Saturday before Christmas and run for nine consecutive days.

Converting regular antlerless elk licenses in GMU 54 from List B to List A.

Removing PLO hunt code EF065P5R.

Removing GMU 521 from hunt code EF053P5R.

Attachment 6

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Changing all either-sex muzzleloader and first rifle elk licenses in GMUs 71, 72, 73, 74, 75,77, 78, 711, 741, 751, and 771 to antlered or antlerless licenses.

Reinstating doe pronghorn hunting in GMUs 101 and 102.

Reorganizing the GMU groupings for the pronghorn muzzleloader season in DAU A-9 bygrouping GMUs 3 and 301 together, 4 and 5 together, 214 and 441 together and 13 and 131as standalone units.

Creating separate antlerless moose hunt codes for GMUs 20 and 29.

Separating GMUs in moose DAU M-12 into two hunt code groupings with GMUs 48, 481, 56,and 561 in one grouping and GMUs 55 and 551 in the other grouping

End of Consent Agenda

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Attachment 7

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