Chapter 2 - Big Game



FILING - 1/29/2014

Basis and Purpose

Chapter W-2 - Big Game

Basis and Purpose:

These regulations amend Chapter 2 – Big Game – of the Parks and Wildlife Commission Regulations and implement 2014 bighorn sheep and mountain goat license numbers. These regulations are designed to manage statewide big game herds at 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. These modifications 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, the following substantive changes have been made:

GENERAL ISSUES:

Nonresident Big Game/Annual Fishing Combination License

These regulations create a nonresident combination big game/annual fishing license to replace all types of existing nonresident big game-only licenses. Licenses remain species-specific, but each allows for annual fishing as well as take of the species listed. The Commission invoked its authority under § 33-4-102(1.6) C.R.S. in order to create this combination license. The Commission hereby declares the creation of this license beneficial in facilitating further nonresident participation in fishing in Colorado along with its associated economic impact. In addition to its direct economic impact, issuing fishing licenses to nonresident hunters will increase Colorado’s federal aid apportionment under the Federal Aid in Sport Fish Restoration Act (commonly known as Dingell-Johnson). These regulations include an annual fishing license with all nonresident big game license purchases at the reduced price of $10 (paid for by a $10 reduction in each nonresident big game license purchased and retained by each individual). It is anticipated that the decreased revenue in direct license fees incurred by offering this reduced annual fishing license component of the combination license will be offset by the increase in federal aid apportionment and the revenue associated with additional nonresident participation in angling in Colorado.

“Pay-to-Play” Preference Point Fee Increase

These regulations increase the “pay-to-play” preference point fee assessed to those who do not hold a qualifying license exempting them for the fee. When compared to other states in the Western U.S., the previous fee of $25 assessed for preference points was substantially lower than the average cost of $86.75. This fee is intended to provide those who are simply amassing preference points annually with a means by which they participate year-to-year in wildlife management in Colorado rather than simply amassing points for the one-time Colorado “hunt-of-a-lifetime.” These regulations raise the preference point fee to the statutory maximum of $40 for all affected big game species, except in the case of resident deer and pronghorn licenses. The fee for those licenses is raised to $30 due to administrative limitations associated with the initial cost of those licenses.

Landowner Pilot Program

These regulations move the Landowner Pilot Program into a transitionary year. This program is intended to provide additional opportunity to landowners who contribute to wildlife habitat in Colorado. It consists of two components: 1) family-only pronghorn vouchers east of I-25, and 2) quality elk hunting opportunity in GMUs 1 and 10. Over the past two years the CPW-led citizen group known as the “Landowner Voucher Committee” has studied and refined landowner big game hunting opportunities. The recommendations of that committee included discontinuing the Landowner Pilot Program. Those recommendations resulted in Senate Bill 13-188, which significantly revised § 33-4-103 C.R.S., which contained the language authorizing the landowner pilot program. The bill struck that language, instead combining the opportunity of the pilot program with the existing landowner voucher program and/or offering additional opportunity to landowners via landowner vouchers. Consequently, it was the intent of the committee and the legislation that the Landowner Pilot Program be discontinued. The first component of the pilot (family-only pronghorn vouchers east of I-25) has a direct replacement corollary in the revised statutes. The second component of the Pilot (quality elk opportunity in GMUs 1 and 10) does not have a direct replacement component in the legislation, instead being simply absorbed by the additional opportunity afforded to all landowners under the revised statute. Because the benefits concurred by the revised legislation will not be fully implemented until the 2015 big game season, these regulations retain the first component of the pilot program (family-only pronghorn vouchers east of I-25) through 2014 as a transition into its 2015 replacement component. Because there is no direct transitionary corollary for the second component (quality elk opportunity in GMUs 1 and 10), that portion of the program has been discontinued as per the intent of the committee and the legislation.

BIGHORN SHEEP:

S36 (Bellows Creek) Opened to Hunting

S-36 had been closed to bighorn sheep hunting due to a disease outbreak since 1993. Since that time, bighorn sheep populations have slowly increased to an estimated current population of approximately 60-80 bighorn sheep. The boundaries of this unit have been realigned separately under Chapter W0 in order to better manage this herd.

Opening GMU S-36 to bighorn sheep hunting is intended to provide additional hunter opportunity for a big game species which is in high demand.

MOUNTAIN GOAT:

G1 and G14

These regulations close the archery season in G1 and incorporate the area of G1 into the G14 rifle hunt. Mountain goat populations in G1 have steadily declined over the last 30 years. During the 1980s, populations ranged upwards of 100 goats, but steadily declined through the 1990s with the downward trend continuing into the 2000s. Aerial surveys in recent years indicate 10-20 goats populate G1 and the trend may be continuing to decline. The unit sustained eight rifle licenses through 2007, 7 in 2008, 5 in 2009, 4 in 2010, and 2 in 2011, before dropping to a single license in 2012. Area biologists and field staff believe that goat populations are slowly moving northward along the Sawatch Range over time. This is somewhat evident given the continuing robust populations, despite heavy harvest, in units to the north such as G13, and the continued annual expansion into G17, while goats have never expanded to the south across Monarch Pass. Given the continued decline in the G1 population despite lowering license numbers, these regulations close the rifle season unless and until a population rebound is observed in G1.

BEAR:

Private-land-only season in B14 (GMUs 48, 49, 46, 57, 481, and 561)

In 2012, private-land-only hunt codes were initiated in neighboring B2 to help alleviate bear-human conflicts on private lands and give managers a different option other than trapping and/or euthanizing bears causing conflicts. The intent of the season was to allow high harvest rates in the GMUs adjacent to Colorado Springs without increasing the density of hunters on public land. Additionally, the PLO tag provided landowners with the opportunity to harvest bears on their property, especially those causing game or property damage. These regulations initiate that same opportunity in B14 to allow managers to shift some of the control kills to hunter harvest and give managers more flexibility in dealing with bear-human conflicts on private lands.

DEER:

Auction and Raffle Season Closing Date

These regulations change the closing date of auction and raffle deer licenses to the end of November or the end of the last antlered or either-sex season in a unit, whichever comes later. Members of the public and some Colorado Parks and Wildlife (CPW) staff have expressed concerns about deer auction and raffle licenses, season dates, hunter conduct, and outfitter involvement. Concerns have arisen from hunting mule deer in late November and December when bucks are more vulnerable because they are concentrated on winter range, visible, and in rut. Public concerns can be categorized as the social aspects of ethics and fair chase, harassment of deer on winter range, and compliance and enforcement of existing laws and regulations. Depending on the circumstances, practices such as payment of “finder’s fees” and use of aircraft may be legal but viewed as unethical. Controversy with deer licenses has the potential to jeopardize the entire program, which consists of 18 licenses for 7 species and has generated $6.6 million for conservation. These regulations intend to maintain the strength of the program by ensuring it is as well-supported as possible.

Archery Whitetail-Only in GMU 103

GMU 103 includes the South Republican State Wildlife Area (SWA), and surrounding parcels of private and State Land Board property. Approximately 25% (~78,000 acres) of the private land and State Land Board parcels are classified as either dryland or irrigated agriculture. In the past three years, deer have caused a substantial amount of damage (~$100,000) to crops surrounding the SWA, especially on irrigated corn circles. In response to game damage claims in the GMU, the Division has substantially increased the number of antlerless rifle licenses in the unit, including private-land-only licenses. These licenses provide landowners with a tool to help mitigate game damage by allowing hunters to pursue and harvest animals on their property. These regulations add a whitetail only antlerless archery hunt in GMU 103, commensurate with the whitetail-only antlerless archery hunts in the remainder of the GMUs in this DAU, intended to provide landowners with additional options for allowing hunters to disperse deer from their property during the archery season.

Over-the-Counter (OTC) Whitetail-Only (WTO) Deer in Specific GMUs

These regulations create an OTC WTO season in GMUs 48, 49, 56, 57, 58, 59, 69, 84, 85, 86, 140, 481, 511, 561, 581, 591, 691, 851 (except Bosque del Oso SWA), and 861. Whitetail deer have persisted and increased in Colorado since the widespread use of agriculture. Historically, the most robust populations in the state have been associated with riparian habitats in eastern Colorado. However, small populations of whitetail have existed west of Interstate 25 (I-25), including areas around: Pueblo, Florence, Canyon City and the Huerfano River Valley. Recently, CPW staff has observed increased numbers of whitetail deer inhabiting historical mule deer habitats away from the riparian systems and increasing numbers have been moving west from the interstate. These regulations address that whitetail dispersal by creating OTC WTO licenses with liberal season dates to provide extended opportunity to harvest a species that is hard to hunt and is at extremely low densities in some areas.

Youth-Only Antlerless Deer Hunting in D13 (GMUs 43, 47 and 471).

These regulations create youth-only antlerless deer hunting opportunities in GMUs 43, 47 and 471. The mule deer population in the Maroon Bells herd (D-13) declined through most of the last decade. After significant license reductions since 2008, the population trajectory is currently stable to slightly declining. With continued disturbance from human recreation and limited winter range habitat, it is anticipated that recruitment of fawns will continue to be moderate to low and that the population will be under objective for many years to come. Establishing youth-only antlerless licenses is intended to ensure that doe hunting can continue to be an available option for youth hunters, serving as a valuable hunter recruitment and retention tool. In addition, maintaining some doe harvest in D-13 may assist with moderating the density-dependent effects of limited winter range habitat condition on deer body condition and fawn survival.

Fourth-Season Private-Land-Only in GMU 511

These regulations create a 4th Season PLO deer hunt in GMU 511. Given the low buck-to-doe ratio in the DAU, CPW managers have significantly lowered the number of public land licenses available for all deer hunt codes that include GMU 511 starting in 2009. Therefore, hunter opportunity in the GMU has decreased greatly over the last four seasons. However, demand for licenses in unit remains high. Approximately 37% of GMU 511 is private land, including many rural housing developments that include acreage (1.5 to 35 acre plots). Based on general observations, much of the deer population in the GMU can be found on private lands, especially in the rural housing developments. These regulations add a PLO hunt to help offset the loss of opportunity for hunters affected by the decrease in licenses, and to direct harvest pressure to deer on private lands.

DEER AND ELK:

Piñon Canyon Maneuver Site

GMU 142 is entirely within the US Army’s Piñon Canyon Maneuver Site (PCMS) located approximately 30 miles NE of the town of Trinidad. Hunting and other recreation on the base is contingent on the absence of training or other military needs. Previously, in many cases PCMS hunting was grouped with hunting for surrounding units. A significant portion of the hunters that drew these deer and elk licenses were primarily (or only) hunting PCMS land. This caused difficulties in distribution of hunters. Restricting licenses to only PCMS land is intended to allow the Army to contact hunters with the license to get better harvest data, along with being able to better inform hunters of base closures and access information. In addition, removing GMU 142 from surrounding hunts will reduce the number of preference points required to draw those licenses making it easier for those that have permission on the remaining private lands to draw the license and spreading the hunting pressure and harvest onto the adjoining private lands. The agreement between PCMS managers and CPW managers is that license numbers for the new hunts will be based on a three-year average of hunter use of GMU 142 based on PCMS access information and CPW harvest survey information so there will be no loss of hunter access to the base.

ELK:

San Luis Valley “List C” Elk Licenses Made “List B”

The original intent of making these licenses List C was to encourage hunters to help address the elk distribution and damage concerns without having to sacrifice a bull hunt during the regular seasons. The unintended consequence has been a shift of these List C vouchers to outfitters and paid hunters, many of which carry multiple licenses hoping to harvest two or more bulls. This has led to some landowners simply ignoring the voucher hunt because they feel the elk are being harassed too much and they do not care for the market nature of the hunt. This takes opportunity away from many local hunters and detracts from the intent of the hunt. As this hunt has changed there has also been a dramatic decrease in the number of elk on the valley floor. It is becoming increasingly difficult to find large herds of elk and the elk have spread out more throughout the units while most of the hunting still occurs in a small area in 682 and along the Rio Grande in 791. The decrease in the elk has caused many in GMU 682 to question the need for the summer hunt as game damage issues have been greatly reduced. The list C status of the voucher has caused landowners to give multiple vouchers to a small group of hunters that end up not converting the vouchers to licenses since they do not see the elk numbers they used to see in years past. As such, the List C approach is no longer effective or necessary.

Gunnison “List C” Elk Licenses Made “List B”

Prior to and noticeably after the winter of 2007-08 (record-setting winter during which CPW fed deer and baited elk to reduce conflicts) elk were creating increasing conflicts on private/agricultural lands in the Ohio Creek area of GMU 54. Additionally a significant number of elk were classified by CPW during annual winter flights in 2009 indicating increasing numbers of elk in GMU 54. Additional elk hunting opportunities, including Private Land Only (PLO) licenses and late seasons, were created to drive total population and private land conflicts down. Beginning in 2010 hundreds of additional licenses were made available, including the ability for hunters to obtain an additional license (List B) or multiple additional licenses (List C) for antlerless animals. Harvest rates and total harvest increased and the elk population (total number of elk in GMU) and the number of conflicts decreased. Hunters have begun to voice concerns that it is more challenging to find and harvest elk, especially during the regular hunting seasons. While arguments have been made regarding numbers of elk, there appears to be agreement that the elk population has been reduced and conflicts are greatly reduced. This indicates that it is time to begin a gradual reduction in elk harvest and work toward more of a maintenance approach to elk in GMU 54. Consequently, these regulations withdraw the wide availability of antlerless licenses in this area.

GMU 20 Rabbit Mountain Open Space Subunit

Rabbit Mountain is located in the southeastern region of GMU 20, which is the sole GMU of the St. Vrain elk herd (E9). Rabbit Mountain is an open space property managed by Boulder County Parks and Open Space surrounded by private lands. A resident herd of approximately 100 elk occupies Rabbit Mountain and surrounding private lands annually. The Rabbit Mountain herd segment is roughly 4% of the St. Vrain herd. Elk began using Rabbit Mountain seasonally in the mid-1990s, but the herd has increased substantially to the current population size and the elk now use the area on a year-round basis. Coincident with the population increase, agricultural damage and other conflicts (e.g., landscape, orchard, and fence damage and vehicle collisions) related to elk have also increased substantially. Over the last 12 years, this small group of elk has been responsible for more than 50% of all elk damage claims in the St. Vrain herd (nearly $78,000 of $154,000). These claim amounts do not include those agricultural producers near Rabbit Mountain that experienced damage, but opted not to file claims. In 2012 alone, more than $22,500 was paid in claims to agriculture producers near Rabbit Mountain. This equates to approximately $225 per Rabbit Mountain elk. As the elk herd continues to increase, the number and amount of claims are expected to continue to increase. Boulder County does not allow hunting on Rabbit Mountain Open Space. The absence of hunting as a management tool has resulted in a refuge situation for the elk, which then forage in the surrounding agriculture fields of corn, alfalfa, and hay. These regulations create a subunit surrounding the open space property to produce extended and constant hunting pressure needed to redistribute and decrease the number of elk using private lands surrounding Rabbit Mountain on an annual basis. The establishment of the subunit is intended to minimize impacts to the greater St. Vrain elk herd as the herd is currently within population and herd composition objective ranges.

MOOSE:

Moose Hunting Opportunity in GMUs 1 and 201

Low densities of moose have consistently occurred in GMUs 1 and 201 for the past several years. GMUs 1 and 201 are located in the extreme northwest corner of Colorado. Both GMUs 1 and 201 are bordered by Utah on the west and 201 is bordered by Wyoming on the north. Moose have expanded into these GMUs from more established populations in Wyoming and Utah. Suitable moose habitat in GMUs 1 and 201 is very limited so sustaining a long-term viable moose population in this area is not desired. However, the consistent presence of transient moose and the small resident moose population can provide for an additional moose hunting opportunity in the state. Based field observations, the estimated moose population in GMUs 1 and 201 is approximately 20 moose. These regulations open moose hunting in GMUs 1 and 201 with a limited hunt. It is anticipated that the quality of this hunt will be highly variable from year-to-year depending on the number of transient moose using the area and the impact limited hunting may have on the resident population over time. A “low-density” notice in the brochure, similar to that used for some mountain goat units, is intended to ensure that hunters are aware of the potential limitations on moose numbers prior to applying for a license.

Moose Hunting Opportunity in GMUs 15 and 27

GMUs 15 and 27 are part of the M3 moose Data Analysis Unit (DAU) which includes GMUs 14, 18, 181, 28, 36, 361, 37, and 371. In 1995, moose hunting began in the M-3 DAU with licenses in GMUs 18 and 28 with a total harvest of 5 moose (3 males, 2 females). Hunting in 18 and 28 has continued with the addition of licenses in GMU 181, 36, 361, 37, and 371 in 2005. Licenses in GMU 14 were added in 2010. The M3 DAU had a 2012 harvest of 53 moose (31 males and 22 females. Hunting licenses within each of the GMUs of the M3 DAU have been added as a result of observed dispersal of moose either from anecdotal ground observations or from aerial classification winter flights. CPW continues to observe and document moose dispersal into other areas outside of the hunted GMUs within M3. Previously GMU 15 and 27 were the only GMUs within M3 that did not have hunting harvest. In 2011 during the elk/mule deer classification flights, a total of 8 moose were observed in GMU 15 (5 males and a female with two calves). Aerial inventory of moose within GMU 18, 28, 181, and 37 together have counted 18, 31, 12, and 29 moose between 2009 and 2012. Additionally CPW has noted consistent moose use and sightings within GMU 15/27 for several years. Consequently, these regulations open limited moose hunting opportunity in these GMUs.

The primary 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: §§ 33-1-106, C.R.S.

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE MARCH 2, 2014 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.

APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 10th DAY OF JANUARY, 2014.

APPROVED:

William Kane

Chairman

ATTEST:

Christopher J. Castilian

Secretary

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