November 30, 2009
RULE-MAKING NOTICE
WILDLIFE COMMISSION MEETING
January 11, 2010
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 11, 2010. 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 11, 2010 beginning at 8:30 a.m.
EFFECTIVE DATE OF REGULATIONS approved during the January 11, 2010 Wildlife Commission meeting: March 2, 2010, unless otherwise noted.
FINAL REGULATIONS:
Chapter 0 - “General Provisions” 2 CCR 406-0, and those related provisions of Chapter 9 - (“Division Properties” 2 CCR 406-9) necessary to accommodate changes to or ensure consistency with Chapter 0
Open for annual review of the entire chapter, including but not limited to, Game Management Unit boundaries, regulations relating to fish management, health, importation, prohibited species, and other annual changes, including, but not limited to, the following:
· Clarification of the Director’s closure authority to include partial closures or other restrictions less stringent than complete closures.
· Modification of GMU boundaries, including, but not limited to:
o Creation of GMU 361 from a portion of existing GMU 36.
o Creation of various Bighorn sheep units, and adjustment of various Bighorn sheep units in accordance with the statewide Bighorn Sheep Management Plan
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; and annual changes to limited license application and drawing process, including but not limited to:
· Extension of the Landowner Pilot Program through 2010.
· Clarification that preference points will be swept for reissued licenses.
· Establishment of Bighorn sheep ewe licenses in S57 (Big Thompson) and S15, S16, S21, S28, S33 and S53 (San Juan Mountain units).
· Establishment of Bighorn sheep ram licenses in S39 (Mt. Silverheels).
· Establishment of female-only mountain goat licenses and any applicable pre-qualification requirements.
· Establishment of over-the-counter with caps muzzleloader and archery bear licenses on the Bosque del Oso State Wildlife Area.
· Establishment of an eastern plains mountain lion DAU to include all GMUs not currently included in an existing DAU.
· Establishment of an antlerless muzzleloader deer season in D34 (GMUs 69, 84, 86, 691 and 861).
· Establishment of antlerless hunting in D16 (GMUs 49, 57, 58 and 581).
· Establishment of a 4th deer season (antlered and antlerless) in GMU 501.
· Establishment of White-tailed deer only seasons in the Arkansas River drainage between Pueblo and Cañon City (GMUs 59, 69, 84 and 581), D45 (GMUs 128, 129, 133, 134, 135, 136, 141, 142 and 147), D48 (GMUs 110, 111, 118, 119, 123 and 124) and D49 (GMUs 104, 105 and 106).
· Shortening of the private land only antlered deer season in GMU 20.
· Establishment of an early private land only antlerless deer season in GMU 73 to alleviate game damage.
· Moving rifle antlerless elk licenses in GMU 38 from “List B” to “List A”
· Modification or elimination of late antlerless elk licenses in E4 (GMUs 7, 8, 9, 19 and 191).
· Creation of an early antlered elk season in GMU 76.
· Reversion of 1st and 4th season elk licenses in E14 (GMUs 41, 42, 52, 411, 421 and 521) to antlered only.
· Addition of GMU 140 to antlerless elk hunt code for GMU 85.
· Inclusion of GMU 128 in the unlimited plains elk hunt code.
· Modification of antlerless elk seasons in GMU 9.
· Establishment of an early private land only antlerless elk season in GMU 63 west of Highway 92.
· Establishment of a long antlerless private land only elk season (9/1 - 1/31) in a portion of E23 (GMUs 59 and 591) and E28 (GMUs 69 and 84).
· Establishment of an early antlerless elk season in GMU 73 to alleviate game damage.
· Opening of the private land only antlerless elk season in GMU74 on September 1.
· Limiting of archery pronghorn hunting in A3 (GMUs 6, 16, 17, 161 and 171).
· Including GMU 501 in the rifle pronghorn hunt code for GMU 50.
· Modification of all pronghorn licenses in A6 (GMUs 112, 113, 114 and 115) to allow hunting in the entire DAU.
· Establishment of limited pronghorn hunting in GMU 131.
· Establishment of a private land only pronghorn season for GMU 23.
· Establishment of a private land only doe pronghorn season in 82 and a portion of 681.
· Closure of pronghorn hunting in A21 (GMUs 10 and 21).
· Inclusion of GMU 67 in the moose season for GMU 66.
· Establishment of final regulations implementing alternatives for the 2010-2014 Big Game Season Structure, as previously adopted by the Wildlife Commission.
Chapter 3 - “Furbearers and Small Game, except Migratory Birds” 2 CCR 406-3, and those related provisions of Chapter 0 - (“General Provisions” 2 CCR 406-0)
Open for consideration of clean-up of turkey regulations, including, but not limited to modification of season dates for GMUs 59 and 85.
DRAFT REGULATIONS:
Chapter 3 - “Furbearers and Small Game, Except Migratory Birds” 2 CCR 406-3
Open for consideration of regulations further restricting the release of captured raccoons, including but not limited to, reducing the allowable distance between the capture site and release site. This action is intended to address the increase of occurrence and threat posed by rabies in Colorado.
Chapter 6 - “Falconry” 2 CCR 406-6 and those related provisions of Chapter 0 - (“General Provisions” 2 CCR 406-0), Chapter 3 - (“Furbearers and Small Game, except Migratory Birds” 2 CCR 406-3) and Chapter 5 - (“Small Game - Migratory Birds” 2 CCR 406-5) necessary to accommodate changes to or ensure consistency with Chapter 6
Open for review of the entire chapter, including, but not limited to:
· Modification of falconry regulations to ensure compliance with revised federal regulations.
· Review and revision of the entire chapter.
ISSUES IDENTIFICATION:
Chapter 9 – “Division Properties” 2 CCR 406-9
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.
Chapter 10 – “Nongame Wildlife” 2 CCR 406-10
Open for five-year review of the state lists of endangered or threatened species, including, but not limited to, determination of whether any applicable species should be added to, removed from or reclassified within such lists.
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 23, 2009, for mailing by the Division to the Wildlife Commission on December 24, 2009.
Comments received by the Division after noon on December 23, 2009, 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 24, 2009 and may also be viewed on the Division of Wildlife’s internet home page at www.wildlife.state.co.us, on or after December 28, 2009.
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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