March 31, 2009

RULE-MAKING NOTICE WILDLIFE COMMISSION MEETING May 7, 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 May 7, 2009. The Wildlife Commission meeting will be held at the Holiday Inn Grand Junction at 755 Horizon Drive, Grand Junction, CO 81506. 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 – May 7, 2009 beginning at 8:30 a.m.

EFFECTIVE DATE OF REGULATIONS approved during the May 7, 2009 Wildlife Commission meeting: July 1, 2009, 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 consideration of regulations including, but not limited to, the following:

Adoption of all limited license numbers for black bear, deer, elk, pronghorn and moose for all Game Management Units in the state that have limited licenses for these species for the 2009 big game seasons, and other related regulatory changes to Chapter 0 necessary to accommodate changes to and ensure consistency with Chapter 2.

Correction of errors or omissions discovered since the previous adoption of 2009 big game season regulations by the Wildlife Commission at its January and March meetings including, but not limited to, clean-up of obsolete provisions, establishment of limited or unlimited seasons, season dates, bag and possession limits and manner of take provisions, all of which are otherwise necessary to ensure appropriate management of big game species and maximization of wildlife related recreational opportunity for the general public.

Chapter 9 – “Division Properties” 2 CCR 406-7, and those related provisions of Chapter 1 (“Fishing” 2 CCR 406-1) necessary to accommodate changes to or to 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, including, but not limited to, the following:

1  Regulations prohibiting the launch and removal of vessels and other floating devices of any kind at State Wildlife Areas during waterfowl seasons on the South Platte River between Greeley and the Colorado-Nebraska state line,  Property-specific regulations on Adams State Wildlife Area and the Blacktail Conservation Easement to ensure consistency and compliance with terms of the easement agreement,  Restriction of parking on the Brower State Wildlife Area to designated areas only,  Prohibition of the launch and removal of vessels and other floating devices of any kind on the Chuck Lewis State Wildlife Area for purposes other than angling,  Clarification of access regulations on Dawn Pond State Wildlife Area and Emerald Mountain State Wildlife Area,  Establishment of access and use restrictions for the Fort Lyon Tract of John Martin State Wildlife Area, the Mike Higbee State Wildlife Area, Holly Flood Control State Wildlife Area, the Midwestern Farms tract of the Granada State Wildlife Area, and Indian Run State Wildlife Area,  Establishment of access and hunting restrictions on the Miller Ranch State Wildlife Area,  Establishment of the John Kane Tract of the Dan Noble State Wildlife Area, including use and access restrictions,  Regulations pertaining to waterfowl hunting from boats on Jackson Lake and Jumbo Reservoir,  Extension of existing regulations on Cochetopa State Wildlife Area to include new and expanded public access easements,  Modification of general and property-specific regulations pertaining to State Trust Lands to ensure compliance with the State Trust Land Public Access Program Master Lease Agreement,  Establishment of hunting method restrictions on Beddows Mountain State Trust Land,  Modification of access dates on Eagle Canyon State Trust Land,  Establishment of a permit system to hunt small game on Twenty-Mile and Grassy Creek State Trust Lands on weekends and Labor Day,  Any necessary corrections or administrative clean-up to State Wildlife Areas and State Trust Lands.

Chapter 14 – “Wildlife Rehabilitation” 2 CCR 406-8

Open for review of regulations pertaining to the supervision and use of unlicensed individuals by licensed wildlife rehabilitators, including, but not limited to, establishing parameters for and conditions of animal care provided by unlicensed individuals.

CITIZEN PETITIONS:

Final action may be taken on rule-making petitions at any step of the Commission’s generally applicable three-step rule-making process.

Chapter 3 – “Small Game” 2 CCR 406-3 - Citizen Petition

At its May 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

2 classification to the small game classification and establishing hunting and live- trapping seasons for each species.

The Commission has considered the petition at one previous meeting. The Commission may accept all or a portion of the petition for final action, further consideration or otherwise reject the petition at the May Commission meeting. A copy of the petition may be obtained by contacting Brett Ackerman (303) 291-7278, Regulations Coordinator, Colorado Division of Wildlife.

Chapter 0 – “General Provisions” 2 CCR 406-0

At its May meeting, the Wildlife Commission will consider three Citizen Petitions for Rulemaking related to Chapter 0 - General Provisions, as follows:

 A Citizen Petition for Rulemaking requesting that the Commission consider enacting 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 consider enacting a firearms hunting closure on a portion of Game Management Unit 51 near the Castle Pines Village subdivision, known as the “King Ranch.”

 A Citizen Petition for Rulemaking requesting that the Commission consider allowing private possession of raccoons.

The Commission may accept all or a portion of each petition for final action, further consideration or otherwise reject each petition at the May Commission meeting. A copy of each 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

 Consideration of Draft implementation alternatives for the 2010-2014 Big Game Season Structure.

Chapter 3 – “Small Game” 2 CCR 406-3, and those related provisions of Chapter 2 (“Big Game” - 2 CCR 406-2), Chapter 9 (“Division Properties” – 2 CCR 406-7) and Chapter 10 (“Nongame Wildlife” - 2 CCR 406-8) 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 2 and 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 and for big game.  Extending the Eastern Plains pheasant season and southeastern quail season through January 31 annually.

3  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 406-7) 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.  Standardizing hunting reservation procedures on various northeastern state-controlled properties, including, but not limited to, Jumbo, Tamarack, Bravo, Overland Trail, Atwood, Elliott, 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 hunting reservation regulations on various northeastern Division-controlled properties in order to ensure consistency and minimize confusion on the part of the public, including, but not limited to, Brush Prairie Ponds, Union and Hamlin tracts of the Elliot, and Jumbo State Wildlife Areas, as well as Atwood State Trust Land.  Modification of regulations on Bravo State Trust Land to ensure consistency with regulations on 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.

ISSUES IDENTIFICATION:

No issues have been identified for consideration as of the date of filing of this notice.

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: April 23, 2009, for mailing by the Division to the Wildlife Commission on April 24, 2009.

4 Comments received by the Division after noon on April 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 [email protected], 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 April 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 April 27, 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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