May 29, 2009
RULE-MAKING NOTICE
WILDLIFE COMMISSION MEETING
July 9, 2009
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 July 9, 2009. The Wildlife Commission meeting will be held at the Hilton Fort Collins, 425 W. Prospect, Fort Collins, CO 80526. 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 – July 9, 2009 beginning at 8:30 a.m.
EFFECTIVE DATE OF REGULATIONS approved during the July 9, 2009 Wildlife Commission meeting: September 1, 2009, 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 consideration of regulations implementing changes to Habitat Stamp provisions pursuant to Senate Bill 09-235, including, but not limited to, striking regulations requiring users of State Wildlife Areas to possess a Habitat Stamp.
Chapter 2 – “Big Game” 2 CCR 406-2
Open for consideration of regulations reducing the minimum acreage of contiguous land to qualify for the Ranching for Wildlife program for big game.
Chapter 3 – “Small Game” 2 CCR 406-3, and those related provisions of Chapter 9 (“Division Properties” – 2 CCR 406-9) necessary to accommodate changes to or ensure consistency with Chapter 3
Open for consideration of annual changes to game bird seasons, excluding turkey, and other small game seasons and related provisions, including season dates, bag and possession limits and manner of take provisions, and other related regulatory changes to Chapter 9 necessary to accommodate changes to or to ensure consistency with Chapter 3, including, but not limited to, the following:
· Reducing the minimum acreage of contiguous land to qualify for the Ranching for Wildlife program for turkey.
· Extending the Eastern Plains pheasant season and southeastern quail season through January 31 annually.
· Clarification of regulations pertaining to the inspection and sealing of bobcats, including, but not limited to, requiring the licensee to personally present harvested bobcats for sealing.
Chapter 5 – “Small Game and Migratory Game Birds” 2 CCR 406-5, and those related provisions of Chapter 9 (“Division Properties” - 2 CCR 406-9) necessary to accommodate changes to or ensure consistency with Chapter 5
Open for consideration of annual changes to waterfowl and migratory bird hunting seasons and related provisions, including season dates, bag and possession limits and manner of take provisions, and other related regulatory changes to Chapter 9 necessary to accommodate changes to or to ensure consistency with Chapter 5, including, but not limited to, the following:
· Establishment of 2009-2010 migratory bird seasons.· Modification and standardization of the hunting reservation system for various Division properties located in northeastern Colorado, including, but not limited to, Jumbo, Tamarack, Bravo, Overland Trail, Atwood, Elliott (including, but not limited to, the Union and Hamlin tracts), Brush Prairie Ponds, Jackson, Frank, Centennial, Whitehorse, and Banner Lakes State Wildlife Areas, as well as Barr Lake State Park, and Carr Tract State Trust Land.
· Modification of regulations for the Bravo State Trust Land to ensure consistency with regulations for the Bravo State Wildlife Area.
· Modification of regulations to allow the use of shotguns during the Light Goose Conservation Order Season which are capable of holding more than three shells.
Chapter 17 – “Damage Caused by Big Game” 2 CCR 406-17
Open for consideration of regulations implementing changes to game damage provisions pursuant to Senate Bill 09-24, including, but not limited to, landowner eligibility requirements to receive game damage prevention materials.
CITIZEN PETITIONS:
Final action will be taken on the following rule-making petitions.
Chapter 0 – “General Provisions” 2 CCR 406-0
At its July meeting, the Wildlife Commission will consider two Citizen Petitions for Rulemaking related to Chapter 0 - General Provisions, as follows:
· A Citizen Petition for Rulemaking requesting that the Commission enact a hunting closure on a portion of the Sugar Loaf Mountain area in Game Management Unit 29.
· A Citizen Petition for Rulemaking requesting that the Commission enact a firearms hunting closure on a portion of Game Management Unit 51 near the Castle Pines Village subdivision, generally known as the “King Ranch.”
The Commission has considered the petitions at one previous meeting. The Commission may accept all or a portion of the petitions for final action, reject all or a portion of the petitions, or take other action it determines to be appropriate to address the issues raised by the petitions at the July Commission meeting. A copy of each petition may be obtained by contacting Brett Ackerman (303) 291-7278, Regulations Coordinator, Colorado Division of Wildlife.
Chapter 3 – “Small Game” 2 CCR 406-3 - Citizen Petition, and those related provisions of Chapter 10 (“Nongame Wildlife” - 2 CCR 406-10) necessary to accommodate changes to or ensure consistency with Chapter 3
At its July meeting, the Wildlife Commission will consider a Citizen Petition for Rulemaking related to small game, as follows:
· A Citizen Petition for rulemaking requesting that the Commission consider re-classifying the gray fox, prairie swift fox, ring-tailed cat, long-tailed and short-tailed weasel, western spotted skunk, and common opossum from the nongame classification to the small game classification and establishing hunting and live-trapping seasons for each species.
The Commission has considered the petition at two previous meetings. The Commission may accept all or a portion of the petition for final action, reject all or a portion of the petition, or take other action it determines to be appropriate to address the issues raised by the petition at the July Commission meeting. A copy of the petition may be obtained by contacting Brett Ackerman (303) 291-7278, Regulations Coordinator, Colorado Division of Wildlife.
DRAFT REGULATIONS:
Chapter 2 – “Big Game” 2 CCR 406-2
Open for consideration of draft regulations implementing alternatives for the 2010-2014 Big Game Season Structure, including, but not limited to, the following:
· Accumulation and maintenance of preference points.
· Preference point banking.
· Limited license draw process for deer, elk, pronghorn and bear.
· License allocation requirements for specific hunt codes.
ISSUES IDENTIFICATION:
Chapter 1 – “Fishing” 2 CCR 406-1, and those related provisions of Chapter 9 - (“Division Properties” 2 CCR 406-9) necessary to accommodate changes to or ensure consistency with Chapter 1
Open for annual review of the entire chapter including, but not limited to, consideration of regulations regarding seasons and season dates, bag and possession limits, licensing requirements, manner of take provisions and special conditions or restrictions applicable to waters of the state.
Chapter 2 – “Big Game” 2 CCR 406-2
Open for consideration of regulations pertaining to the closing date of mountain lion season in Game Management Unit (GMU) 40, including, but not limited to, closing the season on March 31 annually, consistent with the close of the mountain lion season in all other GMUs.
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:
June 25, 2009, for mailing by the Division to the Wildlife Commission on June 26, 2009.
Comments received by the Division after noon on June 25, 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 June 26, 2009 and may also be viewed on the Division of Wildlife’s internet home page at www.wildlife.state.co.us, on or after June 29, 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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