FILING - 03/24/2015

Basis and Purpose

Chapter W-9 - Wildlife Properties

Basis and Purpose:

Annual changes have been made to Chapter W-9 - Wildlife Properties. These changes include modifications to the regulations applicable to all CPW-controlled wildlife properties, wildlife property-specific regulations, and non-substantive cleanup. Specific changes include:

Establishment of Regulations for the Arikaree SWA

The Arikaree State Wildlife Area (SWA), also known as the Bannister Property is located in Yuma County, 7 miles east and 8 miles south of Wray, Colorado. In 2013, the Colorado Parks and Wildlife Commission approved a 10-year access easement on the property for public access for hunting and wildlife viewing. The property will be primarily used for hunting mule deer, white-tailed deer, and Rio Grande turkeys. The property will also provide limited hunting opportunities for other small game species including bobwhite quail, doves, and rabbits. A portion of the property is also being opened for youth and mentor hunting only. These regulations will function to control public access in a way to ensure that it does not adversely impact the current ranching operations of the owner and to protect the conservation values of the property. They are also consistent with other public access easements in the area.

Modification of Closure Dates on Centennial SWA

The original closure on Centennial SWA was a total public access closure from December 1 through June 30 to minimize access and disturbance to wintering big game as well as lekking, nesting and brood rearing Gunnison sage grouse. During the 2008 season, regulations were changed to allow access to and through the SWA to assist late season (December 1-31) elk hunters and help CPW achieve an objective of reducing total elk numbers in GMU 54. The elk herd overlapping GMU 54 is now within objective range. The exemption for elk hunting through December 31st can now be removed to return the closure to its original language.

Modification of Public Access Closure on Dome Rock SWA

Bighorn sheep utilize both private and SWA land in and around Dome Rock SWA for over wintering and lambing. The previous regulation restricted public access on the Spring Creek, Dome View and Dome Rock trails from December 1 until July 15. However, specific use of the word “trails” allowed wildlife area users to walk off trail and not be in violation. By replacing the original language with a more inclusive regulation closing off an entire section of the SWA, the original purpose of limiting disturbance to lambing and wintering sheep can be accomplished, without closing the entire property.

Prohibition of Hunting on Frank SWA

In the fall of 2013, Hall-Irwin Corporation, one of the underlying property owners of the Frank SWA conservation easements, provided CPW with notification of their intent to mine gravel east of the Weld-Larimer County line and north of the Poudre River. CPW agreed that because of safety concerns, the property should be closed to public access north of the Poudre River beginning September 1, 2014 which was the anticipated start date for mining operations. This closure was approved at the July 2014 Commission meeting. Simultaneously, the Frank SWA was also closed to hunting under the authority of a Director’s Authorization Letter from CPW Director Bob Broscheid beginning September 1, 2014. Hunting on the property has become a safety concern with the changing landscape, including construction of the Poudre Trail and the proposed subdivisions south of the Poudre River. This regulation change formally closes the property to hunting through the Parks and Wildlife Commission process.

Allowing Bow Fishing at Rio Grande, Shriver-Wright, Russell Lakes and Higel SWAs

Bow fishing was previously prohibited at Rio Grande, Shriver-Wright, Russell Lakes, and Higel State Wildlife Areas, and had been for over 20 years. Reasoning for the previous prohibition is largely unknown; however during the time these regulations were created, there was more of an interest in fly fishing for carp on the Rio Grande River and bow fishing had not yet gained the popularity in the San Luis Valley that it has today. The San Luis Valley has limited bow fishing opportunities. Allowing the public to bow fish at Rio Grande, Shriver-Wright, Russell Lakes, and Higel State Wildlife Areas will attract more anglers to these SWA’s and could serve as an effective carp management tool in these waters.

Changing the Age Requirement for the Jumbo/Prewitt SWA Permits

The previous age requirement for the Prewitt and Jumbo SWA permits was 19. This was confusing to our customers since the agency typically uses the following age requirements for licenses and permits: age 16 for fishing licenses and waterfowl stamps and age 18 for habitat stamps and all other adult licenses. This regulation change provides consistency for our customers, by changing the age requirement to 18.

Firearm Restriction for Big Game Hunting at Meeker Pasture SWA

Meeker Pasture SWA previously did not have any special property-specific restrictions. This small 40-acre property along the White River east of Meeker is popular for waterfowl hunting and coldwater fishing.

However, a small number of big game (primarily deer) also pass through the property during the regular rifle seasons, which is tempting for a few big game hunters. Due to the extremely small size of Meeker Pasture SWA and the fact that the property is within very close proximity to Rio Blanco County Road 8, multiple rural residential homes, and multiple livestock ranching operations, CPW staff and adjacent private ranchers/landowners felt that using rifles or muzzleloaders to hunt big game should be prohibited. Archery hunting of big game and waterfowl hunting with shotguns on Meeker Pasture SWA pose no safety issues or conflicts, although the small size of the property is certainly not ideal for hunting of any kind.

Public Access Restrictions at Mount Evans SWA

Mount Evans SWA was purchased in the 1940’s specifically for providing habitat for wildlife and providing an area for sportsmen to hunt and fish. Historically, Mount Evans SWA has been an excellent hunting area for both deer and elk, and has provided anglers with a bountiful brook trout fishery. Since its acquisition, CPW personnel have established a long history of allocating significant resources and manpower to improve and enhance the wildlife habitat on Mount Evans SWA. These habitat improvement projects have become increasingly important to elk management as part of an effort to attract elk away from populated areas of Evergreen, where there is a growing residential herd of elk and increasing urban elk conflicts.

Mount Evans SWA has also become a popular destination for non-consumptive users, even during the fall. Hikers, bird watchers, mountain bikers, campers, and most significantly, dog walkers, utilize the property on a daily basis. One of the unintended consequences of this increasing popularity and use of the property by non-consumptive users is decreased use by elk and deer. Hunters have also been greatly impacted during the fall months, when on busy weekends, no parking is available.

Restricting public access at Mount Evans SWA to hunting and fishing activities only after Labor Day through the end of the 4th regular rifle season will have positive impacts for wildlife as well as licensed hunters and anglers. Reduced disturbance on the property should help encourage elk and deer to take full advantage of habitat improvements, hopefully serving as a holding property for local elk and deer, and provide greater hunter opportunity. In addition, this should minimize conflicts between users on the property and re-prioritize the management of Mount Evans SWA to match its original intent.

Seasonal Closures on Perins Peak and Bodo SWAs

Perins Peak SWA has two concurrent seasonal closures on the property. The first is a big game winter range closure. The second is a peregrine falcon nesting closure. These regulation changes extend the peregrine nest closure on the east side of Perins Peak SWA through July 31 and modify the big game winter range closure dates to December 1 through April 15 (exempting turkey hunters). These new dates would bring the peregrine closure in line with CPW’s 2008 Raptor Guidelines and make both closure dates consistent with the adjoining BLM lands. These dates would also provide more protection for wintering wildlife by shifting the closure date back about 15 days, without closing the SWA for a longer period of time. It also benefits the public by having specific set of dates that will not change from year to year.

Radio collar data from mule deer utilizing lands in the Durango area, shows that most collared deer are moving off winter ranges in May with a few starting in late April. Most wildlife managers would agree that the last month, when body reserves are at their lowest, is the most important for individual survival. Based on this data, the previous March 31 end date on the Perins Peak and Bodo SWAs was too early to capture the full wintering season. Having the winter closure on the Bodo SWA also be from December 1 through April 15 (like Perins Peak SWA), provides more protection for wintering wildlife by adding 15 days and benefits the public by standardizing the closure dates for all Durango wildlife areas, and making them consistent with wildlife closures that are in place for most public lands adjacent to Durango.

Modification of Watercraft allowed on Runyon/Fountain Lakes SWA

For 20 plus years boating, wading, and swimming have been prohibited at Runyon/Fountain Lakes SWA, much per the request of the City of Pueblo. On December 19, 2008, CPW staff met with Assistant City Manager of Pueblo, Doug Fitzgerald, and a consultant and member of the Pueblo Conservancy District, Gus Sandstrom concerning (amongst other things) a change to regulation to allow watercraft on Runyon Lake for the sole purpose of fishing. This meeting stemmed from years of requests from the public to allow non-motorized watercraft for fishing at Runyon/Fountain Lakes SWA. CPW personnel also felt that the fishery was being under-utilized based on the quality and quantity of fish sampled.

None of the attending members of the meeting in 2008 voiced opposition to the request of CPW to allow hand, wind, and electric powered craft on Runyon/Fountain Lakes State Wildlife Area for the sole purpose of fishing. This change was reflected in the 2011-2012 SWA brochure, but was never changed in Chapter W-9 of the Parks and Wildlife Commission regulations. For the last several years boating has been allowed “as posted” consistent with the outcome of the 2008 meeting and with the approval of the current property owner, the Pueblo Conservancy District. This regulation change corrects the difference between current permitted use (allowed by posting) and what is allowed by regulation.

Closure of Wellington Reservoir #4 to Public Access

CPW leased Wellington Reservoir #4 and Smith Reservoir from North Poudre Irrigation (NPI) for public fishing access. In 2013, NPI notified CPW that they were planning a major construction project on Wellington Reservoir #4 including raising the water level of the dam. In order to raise the level of the reservoir, NPI chose to enter into construction easements with landowners on the north side of the reservoir whose properties would be impacted by the higher water levels. In exchange for those easements, NPI would grant those landowners exclusive access to the reservoir for a period of five years. Because of these issues, NPI notified CPW that they wanted to vacate CPW’s lease for Wellington Reservoir #4 but that they still wanted to continue to lease Smith Reservoir to CPW for public access. This regulation change finalizes the closure of the property through the Parks and Wildlife Commission process.

Removal of the Youth Mentor Regulations on Overland Trail STL

In 2014, Overland Trail State Trust Land (STL) was created from the youth mentor portion of Atwood STL. This area joins and is now accessed through Overland Trail SWA. Staff wanted to parallel all the regulations and management of the STL and the SWA for consistency and to lessen confusion now that both areas are accessible through the same parking lot on the SWA. It was also planned that the area would no longer require reservations and it would no longer be a youth mentor property.

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 and 33-1-107, C.R.S.

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE MAY 1, 2015 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 4TH DAY OF MARCH, 2015.

APPROVED:

Robert W. Bray

Chairman

ATTEST:

Jeanne Horne

Secretary

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