DEPARTMENT OF LABOR AND EMPLOYMENT - Colorado



FILING - 01/25/2011

Basis and Purpose

Chapter 2 - Big Game

Basis and Purpose:

These regulations amend Chapter 2 – Big Game – of the Wildlife Commission Regulations. These regulations are designed to manage statewide big game herds at the herd objective levels and provide a diversity of hunting recreation opportunities for resident and nonresident hunters throughout Colorado; to minimize or control local game damage situations; and to provide opportunity for landowners to cooperatively manage wildlife with the Division.

The attached Wildlife Commission regulations are the result of extensive public involvement and application of biological information on deer, elk, pronghorn, bear and moose. All regulation changes are based on the best available biological information and are designed to manage big game herds towards stated objectives and to ensure long-term viability.

In addition to those changes addressed above, the following specific modifications were made to Chapter 2:

Removal of Hunt Codes and Regulations Associated with the Chancellor Ranch State Trust Land (STL)

Previously, hunt code SFS61K1R was valid for youth hunters on Chancellor Ranch State Trust Land. The Division no longer leases the Chancellor Ranch STL from the State Land Board. This results in no guarantee of public access for the youth ewe hunter. Therefore, the hunt code has been eliminated along with all other regulations associated with the lease access hunting program on Chancellor Ranch.

Auction and Raffle License Hunting in Special Management Areas

These regulations allow hunters holding an Auction and Raffle (A&R) license to hunt in Special Management License (SML) areas upon approval by the Division. Recently, an A&R hunter was recently interested in hunting mountain goats in an area open for Regulation Special Management Licenses. Previously existing regulations did not allow this practice. The intent of restrictions on A&R licenses, is to limit A&R hunters to areas open for harvest with other licenses. SML areas are areas where the Division is encouraging harvest to prevent unplanned expansion or exposure to disease. Manner of take, mandatory check, and licenses not using or generating preference points are the similar for A&R and SML licenses. A&R license holders hunting in a SML area is not likely to happen frequently given the considerable opportunity already allowed by the A&R license. For that rare case; however, this change is intended to increase opportunity for A&R hunters and meet Division goals.

BIGHORN SHEEP

Ewe Hunting in S73

In 2005 40 Rocky Mountain Bighorn Sheep were reintroduced to historic range on the west side of North Park to an area known as Red Canyon. Since the reintroduction the population has been highly productive with 61 lambs per 100 ewes observed in January of 2010. Many transplanted herds of bighorn sheep exhibit high rates of reproduction and growth during the years immediately after the transplant; however, the populations then often reach a level where the range cannot support more sheep, reproduction slows and the populations drop down from their peak and don’t regain the vigor they experienced for the first years post transplant. During January classification flights nearly all bighorn sheep are observed on a single south facing ridge in Red Canyon. Early spring habitat surveys of this ridge show extensive utilization of all browse species along this ridge but almost no use of the same plant species in areas within even a few hundred yards of this area. A ewe season is intended to allow limited hunting pressure to help spread the herd of sheep out into adjacent acceptable winter range which is currently lightly used, and reduce the density and concentration of bighorns on heavily used winter range.

BEAR

Modification of Hunt Codes Within B2

Bear DAU, B-2, is comprised of GMUs 50, 58, 59, 500, 501, 511, 512, 581, and 591. The eastern most GMUs (59, 511, 512, and 591) in B2 are adjacent to the Colorado Springs metro area, which, like many cities in the state, has recently experienced an increase in bear/human conflicts. Additionally, Pueblo and Canon City, on the southern boundary of GMU 59, have also seen an increase in bear/human conflicts. In all of these cities, Division staff have responded to the bear/human conflicts through public education campaigns, translocations, and euthanasia in cases were bears have either received a 2nd strike or the bear’s behavior presented a threat to human safety. Despite these measures, bear/human conflicts have continued. Previously, the bear hunting licenses for B-2 were valid for the entire DAU, which limited flexibility to target hunter harvest through license allocation in conflict areas. These regulations are intended to more accurately focus hunter harvest where needed.

Creation of a Bear Management Area in GMU 84

Over the past several years human/bear conflicts have been on the rise in GMU 84. The towns of Rye, Colorado City, Beulah and Wetmore have been impacted by an increasing number of complaints of bears in town and breaking into vehicles and buildings. The number of game damage complaints from the ranching community is also increasing. These regulations create a bear management area in GMU 84 with the intent to reduce the bear population in the areas immediately adjacent to the communities that are being affected, and consequently reduce human/bear conflicts.

Reallocation of GMUs 133, 134, 136, 141, 142, 143 and 147 into the Plains Regular Rifle Hunt Code for Bear (BE000U5R)

The majority of the GMUs east of Interstate 25, with the exception of GMU 140, are included in the plains regular rifle hunt code (BE000U5R) with season dates of September 2 – November 21, 2010. Previously, GMUs 133, 134, 136, 141, 142, 143, and 147 were in DAU B-9 and include a limited September rifle season, and over the counter with cap licenses for the archery, muzzleloader, and rifle seasons. These GMUs were also included in the BE000U6R which has season dates beginning the first day of the First Combined Season through the Fourth Combined Season. The CDOW recently began a DAU plan revision of B-9 and as a result reallocated GMUs to B99. This change is intended to allow increased hunter opportunity and flexibility to harvest a bear in these eastern plains units and remove some of the complexity within the regulations by removing duplicate hunt codes.

Establishment of Private Land Only (PLO) Hunts for Bear in GMUs 31 and 32

Over the past three years, complaints of bear/ human conflicts on private land in GMUs 31 and 32 have increased dramatically. The majority of quality bear habitat within GMUs 31 and 32 is located on private land. The establishment of PLO bear licenses in GMUs 31 and 32 is intended to address bears causing conflicts with hunter pressure rather than Division control methods, and provide an opportunity for increased bear harvest and decrease of bear/ human conflicts within the GMUs.

Distributing PLO Bear Licenses in GMUs 83, 85, 140 and 851 as Over-The-Counter (OTC) with Caps

Game management units (GMUs) 83, 85, 140, and 851 are located in south central Colorado and made up of portions of Costilla, Las Animas and Huerfano counties. They contain excellent bear habitat. Recent population density estimates suggest that portions of these GMUs could have 1.2-2.2 bears per square mile (Apker et al. 2010). Previously, GMUs 83, 85, 140 and 851 are grouped together with a private land only (PLO) September season because major portions of these GMUs are private property. The history of bear hunting in GMUs 83, 85, 140 and 851 mirrors many other DAUs in the area where the bear populations were lowered during the mast crop failure and drought years of 2001 and 2002, as a result of increased hunter harvest and other mortality factors. Since that time the bear population has recovered and is nearing population levels observed prior to the decline, which has also led to an increase in human/bear conflict within these GMUs. With the decline in population, hunting licenses were reduced for several years and as the population has recovered hunting licenses numbers have just recently been approaching past levels. What has resulted from this reduction in license numbers is a substantial number of applicants with more than two preference points applying for the limited number of licenses. Under the previous system, with the current number of licenses, a landowner has to apply for a license in April and have preference points. This did not provide flexibility for a landowner to address a conflict animal on their property. These regulations are intended to increase hunter opportunity by providing landowners an opportunity to allow hunters to help address bears causing conflicts.

DEER

Elimination of PLO Antlered Deer Hunt Codes for GMUs 54, 55 and 551

PLO buck licenses were previously available in GMUs 54, 55, & 551, which typically have a small number of 1st choice applicants. This contrasts markedly with public land licenses that are highly sought after and require multiple preference points. Many private landowners in the Gunnison Basin participate in the landowner preference program and are eligible to draw from the 15% of the limited buck licenses set aside by GMU. In addition to this program, they may apply for the regular drawing, or opt to apply for PLO buck licenses. Because the limited buck licenses are so highly sought after in the Gunnison area, and to provide more public land hunting opportunity in public land dominated DAU’s, these regulations eliminate PLO buck hunt codes for the northern Gunnison Basin, allowing for a small, but desirable increase in the number of non-PLO licenses issued.

Extension of the Season Choice PLO Deer Season in GMUs 91, 92 and 96

Game Management Units (GMUs) 91, 92, and 96 are part of the South Platte River Data Analysis Unit (DAU) D-44 in northeast Colorado. In an effort to encourage more doe harvest on private lands where deer routinely congregate after the opening of the deer, waterfowl, and small game seasons, Private-Land-Only (PLO) Season Choice antlerless licenses were established in 2009. Season Choice licenses provide hunters of all methods-of-take the opportunity to obtain an additional license to harvest a doe on private land in D-44. With a Season Choice license, hunters are allowed to hunt any or all of the 4 plains deer seasons on private land until the license is filled. Hunters are only restricted by the method(s)-of-take that is valid during each season. Although these licenses have been successful in increasing doe harvest by 41%, more doe harvest is needed on private land to adequately maintain this DAU at or below population objective. Extension of this season is intended to provide additional harvest during the most effective harvest period without adding new seasons and increasing the complexity of the regulations.

Separation of Whitetail Deer Only Hunts in GMUs 116 and 117 from GMU 109

Previously, GMUs 116 and 117 were combined with GMU 109 for the muzzleloader and rifle whitetail only (WTO) seasons (Huntcodes: DE109O2R, DF109O2R, DE109O3M, & DF109O3M). However, separate licenses were offered for both the regular and WTO deer archery seasons and for the regular deer muzzleloader and rifle seasons. There is also a late plains rifle season offered in GMU 109 for both WTO licenses and regular deer licenses but not for GMUs 116 and 117. Data from postseason classification surveys conducted in 2009 suggest that deer numbers and distribution differ substantially between GMU 109 and GMUs 116-117. The buck to doe ratio is much higher in 116 and 117 compared to 109. For whitetails, the buck to doe ratio was 20.9 bucks per 100 does in 109 compared to 114.3 and 168.0 bucks per 100 does in GMUs 116 and 117, respectively. Additionally the majority of deer, especially whitetails, in GMU 109 are found along the South Republican River while deer are distributed widely throughout GMUs 116 and 117. These data suggest that deer should be managed differently north and south of I-70. Additionally, field personnel have been hesitant to recommend increasing WTO licenses in the combined 109, 116, and 117 units due to the potential for overcrowding on the limited pieces of property open to public hunting in 109 (e.g., newly acquired conservation easements). Given the high buck to doe ratios, especially for whitetails, in GMUs 116 and 117, additional hunter opportunity is available in these units. These regulations intended to increase opportunity through allowing an increase in WTO licenses along with the addition of a late rifle season.

Creation of a Deer Management Hunt in Buena Vista

The D-15 (Cottonwood Creek) deer herd includes GMUs 48, 56, 481, and 561, west of the towns of Salida, Buena Vista, and Leadville along the Collegiate Range and east of the Continental Divide. This population has stabilized at approximately 6,000 animals after rebounding from a population crash in the early-mid 1990s. However, year-round deer densities in the urban interface surrounding the town of Buena Vista have increased in recent years. These regulations create a new hunt code designed to target urban deer and alleviate damage complaints related to high densities in these specific areas. Radio collar data from the adjacent D-16 (Cripple Creek) deer herd indicates most migratory deer arrive on winter ranges in the Arkansas River Valley by mid-November and don’t generally congregate in and around Buena Vista until snow levels increase later in the winter during years of heavy snow accumulation. Thus, this hunt is intended to allow hunters to target deer residing on a year-round basis in and around the town of Buena Vista and the adjacent urban interface without targeting migratory deer or affecting the overall population size of the herd.

Creation of a Deer Management Hunt in Craig

Since 2007, the Division has received citizen complaints regarding deer causing landscape and property damage within the city limits of Craig. The Division has worked with the City of Craig, the City of Craig Deer Committee, Mayor and the City Council to try and solve this problem. Two informal surveys were created and distributed to the community and the results of both indicated that the majority of people in Craig are tolerant of deer within the city limits. The Division has conducted basic deer counts within city limits. The number of deer observed fluctuates greatly between seasons and years with a low count of 48 deer in August 2010 to a high count of 244 deer in January 2008. The Division responds to all calls and complaints associated with deer within the city limits. To date, the City Council has not wanted to commit to any particular solution because the majority of people in the community appear to be tolerant of and even supportive of the deer. The Division created a White Paper in 2009 listing possible solutions to the problem. A lack of clear public support for reducing deer numbers has limited the interest of the city in implementing the recommendations. However, as part of the Division’s approach to the issue, these regulations implement a hunt buffer zone around the City of Craig to help address these conflicts.

ELK

Removal of Seldom-Used PLO Elk Hunt Codes in GMU 14

Many PLO elk licenses in GMU 14 have not previously sold until late in the leftover draw or not at all indicating that there was little demand for these licenses, or that hunters have difficulty gaining access to hunt private land in this unit. There are ample licenses available to meet demand on both private and public lands in unit 14 using non-PLO licenses such as; EE014O1R, EF014O1R, EF014O2R, EF014O3R, and EF014O4R (the same seasons and dates) with many of these licenses available during the leftover draw. As an administrative measure, these unnecessary hunt codes have been removed.

Creation of a Late Season Antlerless Elk Hunt in GMU 21

GMU 21 is bounded on the north by Game management Unit 10. The 2010 post 2009 elk population estimates showed GMU 21’s DAU to be above objective. This elevated estimate necessitated an increase in antlerless elk licenses issued for the 2010 seasons in this DAU. GMU 10 has a late season antlerless elk hunt. Many of the elk living in GMU 10 migrate to the southern portion of the unit and cause damage issues on the private property along the White River. When the GMU 10 elk are pressured during the late antlerless season, they move across the White River into GMU 21, in many instances occupying land owned by the same landowner but unavailable for harvest. These landowners have participated in Game Damage hunts with limited success. A late season antlerless elk hunt is intended to allow for more uniform hunting pressure along the White River and allow another option for the unsuccessful youth hunter to fill their tag.

Realignment of Deer and Elk Season Dates on Ft. Carson Military Base (GMU 591)

Prior to the 2009 big game season, limited deer and elk rifle seasons were open from October 1st-Janurary 31st on Ft. Carson (GMU 591). However, in 2008, Ft. Carson personnel approached the Division of Wildlife with a request to shorten the season lengths for these seasons. The basis for the proposed change was to accommodate the anticipated increase in training on the installation, beginning in the fall of 2009. Fort Carson felt the opportunities for hunting would be enhanced by having prescheduled dates for each season so the date could be incorporated into the military training schedule a far in advance as possible. Fort Carson has felt that a predictable, consistent approach to big game season dates would add some predictability in hunter access, and provide better customer service. An issue paper was submitted in 2009 addressing these concerns. The Wildlife Commission approved the issue paper and the season dates and lengths for the limited deer and elk rifle seasons were changed starting in the 2009 big game season. Specifically, the limited deer and elk rifle licenses were split into two seasons, each 16 days in length (current huntcodes: DM591O1R, DF591O1R, DE591O3R, DF591O3R, EF591O1R, and EF591O3R). During the 2009 season, hunters holding the limited licenses for Ft. Carson were able to access the base for the majority of their respective seasons. However, in late September 2010, Ft. Carson wildlife personnel were informed by Range Control that there would be base-wide closure for the 14 of the 16 days of the second season to accommodate military training exercises. The second season (huntcodes DM591O3R, DF591O3R, & EF591O3R) was scheduled for Nov. 6-Nov. 21st and the closure was from Nov. 8-Nov. 21st. Ft. Carson personnel anticipate similar conflicts to occur in the future, especially since military training is expected to increase on the base in the near future. Given these anticipated problems, these regulations combine the limited split seasons into one hunt code and extend the season dates. This is intended to allow hunters more opportunities to hunt on the base, which is especially important for individuals holding limited deer licenses as an antlered license required a minimum of six resident preference points to draw in 2010 and the doe license required a minimum of two points.

Removal of Hunt Code EF054P7R (PLO Antlerless Elk Hunting in GMU 54)

Beginning in 2010, most elk licenses became limited in GMU 54 (DAU E-41) as part of a strategy to increase elk harvest in the DAU. As a part of the approved management “package”, several new hunt codes were created to encourage antlerless harvest on private lands. Those hunt codes were designated as “List C” and were issued quite liberally. There were previously 14 limited hunt codes for GMU 54, which has led to significant confusion by hunters and landowners. These regulations remove one of those hunt codes (EF054P7R) for 2011. This action is intended to reduce the total number of limited hunt codes in GMU 54 and more accurately focus hunting pressure during two key periods.

Removal of Some PLO First Season Bull and Either-Sex Licenses on the San Luis Valley Floor

These PLO licenses originated with the creation of the first season with limited bull licenses. The purpose was to have licenses available to landowners who wanted them. There are very few licenses in each one of these hunt codes and currently there is very little interest in these licenses as first choice applications or even second choice. Other hunt codes remain available for first season elk, which are valid on public and private property.

Reversion of First Season Either-Sex Elk Licenses to Bull Only Licenses in GMU 79

The first rifle season was established as a quality rifle hunt for bull elk. This was accomplished by decreasing hunting pressure through limited antlered elk licenses. Beginning in 2004 the antlered elk licenses for GMU 79 were changed to either-sex licenses. The goal of these changes was to increase harvest and therefore decrease the elk population to meet the DAUs population objectives. The DAU is currently at population objective; therefore, the need to harvest cows has diminished. Cow licenses remain available in the first season as well as other seasons. These regulations re-establish the original goal of the first elk season by converting the either sex licenses to antler licenses.

Reallocation of Antlerless Elk Licenses in GMUs 74, 76 and 79 From “List B” to “List A”

The DAUs containing these GMUs are currently at population objective. Therefore the need to harvest cows has diminished. The original intent of List B elk licenses was to make these licenses available to hunters and harvest more cow elk in DAUs that were over objective. According to policy, these licenses have been removed from List B and become primary licenses.

PRONGHORN

Removal of the South Park Basin from the Statewide Unlimited Either-Sex Pronghorn Hunt

The South Park basin (DAU PH-30) is home to a relatively small pronghorn herd consisting of around 1,000 animals within GMUs: 49, 50, 500, 501, 57, 58, 581, and 511. This population frequently experiences low fawn recruitment in comparison to other herds in Colorado and it is not uncommon to have fawn:doe ratios fall below 20. South Park receives considerable interest for pronghorn hunting in part due to the close proximity to two large metropolitan areas, Denver and Colorado Springs, and because there is public land hunting. These GMUs were previously included in the statewide unlimited archery units for pronghorn and the number of archery hunters in these GMUs had doubled since the late 1990s. Muzzleloader and rifle license numbers have remained relatively consistent with a slight increase in recent years. In 2009, 6-8 preference points (depending on unit) were required to draw a rifle buck pronghorn licenses issued in PH30. Archery success rates within the past 10 years averaged 11% and have remained fairly steady. However, with the increasing number of archery hunters, the number and proportion of bucks harvested by archers had increased during the previous three years to the point that in 2009, 35% of the buck harvest were from over-the-counter archery hunters. As the number of bucks harvested by over-the-counter archers increases, the only management action available to maintain sex ratios within the objective range is to decrease limited rifle and muzzleloader licenses. This exacerbates and already existing equity issue in that it required 6-8 preference points to draw rifle buck license, but archers could buy licenses over-the-counter with no limits on numbers. Therefore, the GMUs within PH30 have been removed from the statewide unlimited archery units and separate hunt codes for bucks and does have been established limiting the number of licenses available for archery.

Continued Efforts to Manage Southeast Pronghorn Herds to Population Objectives

Pronghorn DAUs A-5, A-6, A-7, A-8, A-12, and A-18 are over the long-term population objective. In 2008, a late December season (five-day season) was added in A-5, A-6, A-7 and A-8. Harvest estimates from 2009 indicated that the late seasons contributed additional doe harvest for these DAUs. However, the success rates were lower than doe harvest in the regular seasons. A longer season is intended to increase harvest success and contribute to moving these DAUs towards objective.

Separation of Doe and Buck Pronghorn Hunt Dates in GMU 11

Previously, the buck and doe pronghorn season dates in GMU 11 were concurrent. These regulations create separate buck and doe pronghorn season dates in GMU 11. The purpose for creating separate seasons in the GMU is to accommodate increased opportunity for hunters. Pronghorn distribution is very concentrated within the GMU with the majority of the pronghorn concentrated in the northern one third of the unit. Distribution occurs primarily in the Maybell area on the Bitterbrush State Wildlife Area and BLM lands. In turn, hunter distribution becomes an issue and influences the numbers of licenses issued for the GMU in an effort to address hunter crowding. Establishing separate buck and doe seasons is intended to help alleviate hunter crowding issues, provide for a more quality hunting experience, and facilitate additional opportunity for hunters. Currently, it requires 10 preference points for residents and 12 points for a non-resident to draw a buck license in Unit 11.

MOOSE

Expansion of Moose Hunting in the Northeast Region

Moose were transplanted to North Park and the Laramie River (GMUs 7 & 8) in the 1970s through the 1980s and quickly established huntable populations. Currently, there are an estimated 200-250 moose within GMUs 7, 8, 19 and 191 which make up moose DAU M-2. During the last 10-15 years, moose have expanded to the south along the Front Range establishing resident populations within GMUs 20, 29, 38, 39, 46, 49, 500 and 501. Although no systematic inventory for moose has been conducted in these GMUs, observations by CDOW field personnel, other agencies and the public indicate that moose numbers are increasing. In addition, the incidences of young moose dispersing into the urban corridor between Denver and Fort Collins have become more common during the last five years. Currently, CDOW field personnel’s best estimates are that 70-90 moose can be found in GMUs 20, 29 and 38 and similar numbers are found in GMUs 39, 46, 49, 500 and 501. Because suitable moose habitat is dispersed, sustainable moose densities currently are, and likely should remain, lower in these eight GMUs than in other long-established moose populations in Northern Colorado. Even at lower densities, current moose numbers, bull age structure and an apparent increasing population trend are adequate to support limited hunting opportunity. These regulations are intended to establish limited moose hunting opportunities in those GMUs.

Opening GMU 14 to Moose Hunting

GMU 14 is part of moose DAU M3 and is located immediately north of Steamboat Springs. The number of moose in this area has been increasing annually with numerous moose being observed during winter elk classification flights in GMU 14 from Steamboat north to Seedhouse. In addition, moose are increasingly common in the city limits of steamboat occasionally causing public conflicts. Local DOW District Wildlife Managers and biologists feel the population can support limited harvest in GMU 14. These regulations increase hunter opportunity by establishing a season for that harvest.

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 MARCH 1, 2011 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 5TH DAY OF JANUARY, 2011.

APPROVED:

Tim Glenn

Chairman

ATTEST:

Mark Smith

Secretary

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