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FILING - 05/29/2009

Basis and Purpose

Chapter 9 - Division Properties

Basis and Purpose:

Annual changes have been made to Chapter 9 - Division Properties. These changes include modifications to the regulations applicable to all Division-controlled properties, property-specific regulations, and non-substantive cleanup.

Boat launch/removal at Division-controlled properties on the South Platte River from Greeley to the Colorado/Nebraska state line

These regulations disallow the launching and/or removal of floating devices on Division-controlled properties along the South Platte River from Greeley to the state line from the beginning of September teal season to the end of the last dark goose season. This issue arose during the South Platte River Blue Ribbon Panel process in 2007. During that process, private landowners and some Division staff expressed concerns that floating and hunting while floating the South Platte River east of Greeley results in a high level of duck disturbance and decreased waterfowl use of day roosting sites within the South Platte River. Secondarily, landowners on the Panel also expressed concerns that the practice encourages hunting without permission and trespass, particularly when hunters beach craft to retrieve downed waterfowl. The intent of these regulations is to increase the possibility of hunter success on State Wildlife Areas and to discourage hunters from having to choose between abandoning downed game or trespassing to retrieve that game.

Adams SWA and Blacktail Conservation Easement

The Adams SWA and the Blacktail Conservation Easement are two contiguous parcels with similar management objectives. Regulations have been modified in order to effectively co-manage these properties. These regulations add consistency to the management of both parcels and ensure compliance with the Blacktail Conservation Easement lease agreement.

Brower SWA

These regulations restrict parking to designated spaces within the designated parking area. Previously, access to the Brower State Wildlife Area was unlimited. Surrounding landowners have expressed a concern with vehicles parking along the county road and along the bridge when the parking lot becomes full. The intent of these regulations is to minimize the potential for traffic and safety hazards in the area. Limiting the number of vehicles allowed in the parking area is also intended to increase hunter success and satisfaction.

Chuck Lewis SWA

Previous regulations on the Chuck Lewis SWA stated that float tubes were prohibited from being launched from the SWA to prohibit recreational floaters from using the SWA. To circumvent this regulation, people launching at Chuck Lewis SWA have been using other types of flotation devices to float the Yampa. In the summer, this can be very problematic as the Chuck Lewis parking lots are very small, and can become quickly inundated with people floating the river. This situation has lead to complaints from local anglers, who compete with floaters for use of the SWA. These regulations intend to prohibit recreational floater use of the SWA while allowing for its primary intended use of angling.

Cochetopa SWA

Cochetopa SWA provides fishing and hunting access to portions of the Snyder Ranch (previously the Coleman Ranch). Easements on portions of the Snyder Ranch not previously open to the public are being purchased to allow angling use on an additional 4.8 miles of Cochetopa Creek and an additional 4,500 acres of land for public hunting access. Maintaining uniform regulations on public access areas within the current and the new access areas is intended to better maintain angling opportunity and consistency in property management per the conservation and access easement. Uniform regulations are intended to allow the public to better understand regulations and minimize confusion.

Dawn Pond SWA

Dawn Pond is a 20-year term agreement, which began in 2006. At the time it was not added to Chapter 9 of the Wildlife Regulations. The existing contract with the landowner is for fishing access only. These regulations ensure compliance with the terms of the lease agreement.

Emerald Mountain SWA

These regulations allow access to Emerald Mountain SWA via avenues other than the Chuck Lewis SWA. In 2007, after finalization of a major BLM land exchange in Routt County, the BLM Little Snake Field Office opened a new parcel for public use termed the “Emerald Mountain parcel” located on the south side of Emerald Mountain north of RCR 45. The BLM Emerald Mountain parcel is also located adjacent to the Emerald Mountain SWA. Previously, the only legal access to the Emerald Mountain SWA was through an access easement trail along Agate Creek. However, now that the Emerald Mountain BLM parcel is open to the public, hunters and other users can now legally access Emerald Mountain SWA from the west side of the property as well.

Fort Lyon SWA

The majority of the John Martin SWA is leased from the Corps of Engineers. The Ft Lyon tract is owned fee title. Ft. Lyon has always been listed under John Martin SWA and has caused confusion with the public when looking for Ft. Lyon property maps and regulations. Adding Ft. Lyon as a standalone property in the regulations, while maintaining the applicable regulations from John Martin SWA is intended to remove any confusion concerning regulations or management.

Granada SWA

Mid Western Farms is a new parcel of the Granada State Wildlife Area. This area was acquired by lease and has several usage restrictions as part of the lease agreement. These regulations listed below are designed to comply with the restrictions of that lease agreement.

Holly Flood Control SWA

Holly Flood Control is a new State Wildlife Area which was acquired by lease agreement with several use restrictions. These regulations are designed to comply with the restrictions of that lease agreement.

Indian Run SWA

Indian Run SWA has experienced increased use by hunters, anglers and other outdoor usersIn addition, Indian Run SWA is the only access to National Forest lands in the South Fork of the Williams Fork area so it experiences significant traffic. These regulations are intended to continue to allow use and access associated with the SWA while protecting the resource as well as public safety.

Jackson Lake and Jumbo SWAs

Regulations for waterfowl hunting from boats on Jackson Lake and Jumbo Reservoir have been revised to prohibit boat hunting beginning the first day of the dark goose season. Beginning with the 2008-2009 waterfowl season, new regulations allowed duck hunting from floating vessels on Jackson Lake and Jumbo Reservoir. Boat hunting is permitted by reservation. The regulations previously stated that boat hunting reservations would be cancelled if ice created unsafe conditions. Hunters with boat reservations were required to call the reservation line two days before their scheduled hunt to confirm ice conditions. When these regulations were originally developed by Division personnel, it was also suggested that boat hunting should not be allowed once the dark goose season opened to avoid concerns about disturbing roost sites for geese. In recent years the dark goose season has opened as early as November 15, and as late as November 24. Because ice conditions typically occur by mid-November, it was expected that in most years ice conditions and the start of the dark goose season would occur at roughly the same time. However, weather conditions have prevented unsafe ice from developing on these reservoirs through November, and boat hunting reservations were still being made after the opening of the dark goose season, which was contrary to the original intent of the regulation. Consequently, these regulations prohibit boat hunting beginning the first day of the dark goose season to comply with the original intent of the regulation by avoiding disturbance of roosting geese.

Mike Higbee SWA

These regulations enact property-specific restrictions for the Mike Higbee SWA. The wildlife area is fairly small and has limited area which will support camping. There has been an historic problem with late night parties in the area which have caused litter and property damage problems. These regulations intend to restrict unintended use for the SWA while still allowing for its primary public use of hunting and fishing recreation.

Miller Ranch SWA

The Miller Ranch was purchased (fee title) in October 2007 after unsuccessful attempts to secure a conservation easement and hunting easement on the property. The ranch is 1600 acres in size and contains a mix of sage brush and mountain shrub habitat along with irrigated hay meadow and pasture land. The ranch was acquired because of the high quality sage grouse habitat including a Gunnison sage grouse lek complex, nesting, early brood rearing and winter habitat. The ranch also provides for quality big game habitat for deer and elk and a movement corridor for migrating big game. These regulations intend to allow public hunting on the property while still protecting its habitat value.

Steamboat Springs and Mount Werner SWAs

Both Mount Werner SWA and Steamboat Springs SWA are fishing easements that were purchased using Fishing is Fun grant dollars. They were purchased from the City of Steamboat Springs to provide fishing and wildlife viewing access in perpetuity. Since, they remain public land through the City of Steamboat Springs, the Division has chosen to not sign these easements or require a habitat stamp. These regulations rename these two SWAs to “Fishing Easements” to more accurately reflect their intended lawful use and avoid confusion on the part of the public.

General Restrictions applicable to State Trust Lands enrolled in the Access Program

At the request of the State Land Board, these regulations have been reviewed and modified as necessary to ensure compliance with the terms of the Master Lease Agreement. As a result of the modification of the general regulation affecting all State Trust Lands enrolled in the access program, applicable property-specific provisions have also been modified throughout regulation #903. In addition, regulations pertaining to any properties which have been removed from the access program have been stricken.

Beddows Mountain STL

These regulations address a safety issue regarding big game hunters using high powered rifles on Beddows Mountain STL, which is a 500-acre parcel with houses in the proximity of the property boundary. At the April 2008 State Land Board Commission meeting, it was agreed upon by the State Land Board and the Division to modify the Access Management Plan to address the safety concern. These regulations restrict rifle hunting to youth-mentor hunting only, and primitive weapons only (allowing shotgun firing single slug) for all other hunters.

Eagle Canyon STL

The two roads allowing public access to the Eagle Canyon STL are blocked by locked gates and closed to the public after the end of February each year, although the previous closing date was May 31 annually. Consequently, the property is not accessible to the public after that date. The closing date has been change to the end of February to eliminate confusion for those trying to get to the property without legal access.

Tiger Lilly Creek STL

Previously, the Tiger Lily Creek STL (398 acres) was leased by the DOW for recreational access purposes. Access was allowed year round for fishing and watchable wildlife and from September 1 to the end of February for hunting access. The parcel is bisected by the Arkansas River and contains the confluence of Pine Creek and the Arkansas River which is a Class V whitewater rapid. Historically this stretch of the Arkansas River has been heavily utilized by both commercial and private boaters. Due to the difficulty of the river, some boaters have chosen to portage around the rapids or exit the river to scout the upcoming rapids. The Habitat Stamp requirement now puts those persons in violation who enter the STL without a Habitat Stamp. There is not an avenue for commercial boaters to comply with the Habitat Stamp requirement for their clients as it is unknown from day to day the number of clients they may have. The ability to exit the river and scout or portage is critical from a safety standpoint based on river conditions or client experience. Since June 2008, Colorado State Parks has had a recreational access lease on the parcel, dually with Division’s lease, to assist in the issue of boat portaging and scouting. An agreement has been reached whereby the Division has terminated its current recreation lease and State Parks will continue their recreation lease. State Parks has agreed to continue allowance of angling and hunting access with no fees being charged to anglers, hunters or wildlife watchers. If Parks were to give up the lease in the future, the Division will have first right of refusal to the recreation lease. Removal of these regulations is necessary, as the Division’s lease is terminated under this agreement.

Twenty-Mile/Grassy Creek STLs

Twenty-Mile and Grassy Creek STL hunting leases are contiguous properties and the most heavily hunted public land parcels for Columbian STG. These properties have several leks on them that have shown a decline in attendance over the past nine years. Additionally the areas are subject to over-crowding, particularly on opening weekends and Labor Day weekend. During the recent 2008 opening weekend the Division officer on the ground received many comments about crowding issues and lack of birds. These regulations enact a weekend and holiday permit system which is intended to reduce the potential threat of over-harvest and provide a better hunting experience for hunters on these properties.

The 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: §§ 33-1-101, 102, 104, 105, 106-108, 115, and 121; §§ 33-2-104, 105, 106, and 107; § 33-3-104; §§ 33-4-101, 102, 102.5, 103, 116, 116.5, 117, and 119; § 33-5.5-102; and §§ 33-6-107, 109, 112, 113, 113.5, 114, 114.5, 117, 119, 120, 121, 124, 127, 128, 129, 131, 205, 206, 207, and 208.

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JULY 1, 2009 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.

APPROVED AND ADOPTED BY THE WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 7th DAY OF MAY, 2009.

APPROVED:

Brad Coors

Chairman

ATTEST:

Dennis G. Buechler

Secretary

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