November 30, 2010
RULE-MAKING NOTICE
WILDLIFE COMMISSION MEETING
January 5, 2011
In conformance with the State Administrative Procedures Act, section 24-4-103, C.R.S., the Wildlife Commission gives notice herewith that regulations will be considered for adoption at their next meeting on January 5, 2011. The Wildlife Commission meeting will be held at the Division of Wildlife, Hunter Education Building, 6060 Broadway, Denver, CO 80216. The following regulatory subjects and issues shall be considered pursuant to the Commission's authority in sections 33-1-101 to 33-6-209, C.R.S., and especially sections 33-1-104, 33-1-106, 33-1-107, 33-1-108, 33-1-121, 33-2-104, 33-2-105, 33-2-106, 33-3-104, 33-4-101, 33-4-102 and 33-5.5-102, 33-6-107, 33-6-109, 33-6-112, 33-6-113, 33-6-114, 33-6-114.5, 33-6-117, 33-6-119, 33-6-121, 33-6-124, 33-6-125, 33-6-127, 33-6-128, 33-6-130, 33-6-205, 33-6-206, 33-6-207, and 33-6-208, C.R.S.
FINAL REGULATORY ADOPTION – January 5, 2011 beginning at 8:30 a.m.
EFFECTIVE DATE OF REGULATIONS approved during the January 5, 2011 Wildlife Commission meeting: March 1, 2011, unless otherwise noted.
FINAL REGULATIONS:
Chapter 2 - “Big Game” 2 CCR 406-2 and those related provisions of Chapter 0 - (“General Provisions” 2 CCR 406-0) necessary to accommodate changes to or ensure consistency with Chapter 2
Open for review of the entire chapter, including, but not limited to:
· Annual changes to season dates, limited license areas and license numbers, and manner of take provisions for Bighorn sheep and Rocky Mountain goat.
· Annual changes to season dates, limited license areas and manner of take provisions for deer, elk, pronghorn antelope, moose, mountain lion, and bear.
· Annual changes to limited license application and drawing process.
· Elimination of ewe hunting on the Chancellor Ranch State Trust Land.
· Establishing a ewe hunting season in S-73 for Rocky Mountain Bighorn Sheep.
· Elimination of hunt code G-E-G09-O1-R and assimilation of mountain goat Game Management Unit (GMU) G-9 into GMUs G-1, G-2, G-3, G-14.
· Allowing Auction and Raffle licenses to be used in areas open for Special Management licenses.
· Separation of bear Data Analysis Unit (DAU) B2 into six hunt codes (BE050O1R, BE059O1R, BE050U1A BE059U1A, BE050U1M, & BE059U1M) for the September bear seasons.
· Creating a bear management area in GMU 84 with special management licenses.
· Reassigning of GMUs 133, 134, 136, 141, 142, 143 and 147 to the B-99 DAU and BE000U5R hunt code.
· Establishing two new hunt codes for private land only (PLO) bear licenses in GMUs 31 and 32.
· Making PLO bear licenses in GMUs 83, 85, 140, and 851 available as over-the-counter (OTC) with cap licenses.
· Opening GMU 45 for mountain lion hunting.
· Reinstatement of antlerless mule deer hunt codes in DAU D-25.
· Elimination of an antlerless elk hunt code (EF054P7R) in GMU 54, which overlaps two other hunt codes.
· Extending deer season for PLO Season Choice doe licenses in GMUs 91, 92, and 96.
· Separating GMUs 116 and 117 from GMU 109 for the white-tail only (WTO) plains rifle season and the muzzleloader season, and establishing a late plains WTO season for GMUs 116 and 117.
· Establishing a special GMU 481 antlerless deer hunt code around the town of Buena Vista to alleviate urban deer issues.
· Creating an either-sex hunt code to address urban deer issues within the city of Craig.
· Combining limited deer and elk rifle seasons in GMU 591 and extending the season dates for limited licenses in this GMU.
· Reclassification of antlerless elk licenses in GMUs 74, 76 and 79 from “List B” to “List A”.
· Opening a late antlerless elk season in GMU 21.
· Removal of four underutilized PLO elk hunt codes from GMU 14.
· Elimination of the PLO antlerless elk hunt code EF054P7R in GMU 54.
· Removal of hunt codes for PLO first season bull licenses for E-26 and E-32 as well as PLO first season either-sex licenses for GMU 79.
· Changing the first rifle season either-sex elk licenses to bull licenses for the first season in GMU 79.
· Removal of GMUs 49, 50, 500, 501, 57, 58, and 581 from the statewide unlimited either sex archery units for pronghorn.
· Creating additional measures to increase doe pronghorn harvest in over-objective DAUs in the SE Region.
· Creating a limited archery pronghorn hunt code for GMU 23.
· Creating separate season dates for the limited rifle buck and doe antelope seasons in GMU 11.
· Expansion of moose hunting opportunities into multi-unit aggregations of low density moose populations in the NE Region.
· Opening moose hunting in GMU 14.
CITIZEN PETITION
Final action may be taken on rule-making petitions at any step of the Commission’s generally applicable three-step rule-making process.
Chapter 9 – “Division Properties” 2 CCR 406-9
At its January meeting, the Wildlife Commission will consider a Citizen Petition for Rulemaking related to Division Properties, as follows:
· A Citizen Petition for rulemaking requesting that the Commission consider rescinding regulations pertaining to on-leash dogs being prohibited on Lon Hagler SWA and Lone Tree SWA. Petitioners further request that the DOW solicit further public input to develop additional alternatives.
DRAFT REGULATIONS:
No draft regulations have been identified for consideration as of the date of filing of this notice.
ISSUES IDENTIFICATION:
Chapter 9 – “Division Properties” 2 CCR 406-9 and those related provisions of Chapter 1 - (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or ensure consistency with Chapter 9
Open for annual review of the entire chapter including, but not limited to, generally applicable and property-specific requirements for, or restrictions on use of, properties controlled by the Division of Wildlife, including State Trust Lands leased by the Division.
Except for the time indicated for when the meeting is scheduled to begin, the order indicated for each agenda item is approximate and subject to change when necessary to accommodate the Commission's schedule.
Viewing of Proposed Rules: copies of the proposed rules (together with a proposed statement of basis and purpose and specific statutory authority), will be available for inspection and distribution at the headquarters of the Division of Wildlife (office of the Regulations Coordinator), 6060 North Broadway Denver, Colorado, at least five (5) days prior to the date of hearing. Such copies, however, are only proposals to be submitted to the Commission by the Division.
Modification of Proposed Rules prior to adoption: subject to the provisions of Section 24-4-103, C.R.S., modification of these proposals may be made by the Division or the Commission before the Commission promulgates final rules and regulations on the above topics.
Comment deadlines: Comments will be accepted at any time prior to, or as part of the meeting. However, to ensure sufficient time for consideration prior to the meeting, comments should be provided to the Division by noon on the following date:
December 22, 2010, for mailing by the Division to the Wildlife Commission on December 23, 2010.
Comments received by the Division after noon on December 22, 2010, will be provided to the Commission on the day of the meeting.
Opportunity to submit alternate proposals and provide comment: the Commission will afford all interested persons an opportunity to submit alternate proposals, written data, views or arguments and to present them orally at the meeting unless it deems such oral presentation unnecessary. Written alternate proposals, data, views or arguments and other written statements should be submitted to the Division of Wildlife at 6060 Broadway, Denver, CO 80216; e-mailed to , or faxed to the Division of Wildlife at 303-291-7110.
Use of Consent Agenda:
In order to increase the Wildlife Commission’s efficiency and allow more time for consideration of wildlife policy and contested issues, some or all of this regulatory agenda may be listed for action by the Commission as part of a “Consent Agenda” for this meeting.
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 Wildlife Commission members explaining the matters on the Consent Agenda. Copies of the memos will be available to the public.
Regulatory Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other consent 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 at the end of the meeting or at the next meeting. 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.
OTHER AGENDA ITEMS: The Wildlife Commission may consider and make policy, program implementation, and other non-regulatory decisions, which may be of public interest at this meeting. A copy of the complete meeting agenda may be obtained from the Colorado Division of Wildlife, 303 291-7348. Requested agendas will be mailed on December 23, 2010 and may also be viewed on the Division of Wildlife’s internet home page at www.wildlife.state.co.us, on or after December 27, 2010.
MAILING LIST INFORMATION: The Wildlife Commission maintains a regulatory information mailing list and mails the Commission meeting agendas and rule making notices to interested parties. There is a charge to receive these mailings. To be placed on this mailing list, contact 303-291-7209.
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