05/03/2007
Basis and Purpose
Chapter 16 - Procedural Rules for the Wildlife Commission

Basis and Purpose Statement:
WCR #1670.B provides the opportunity for the Division to issue a refund or an antlerless license to a hunter who harvests a deer, elk or moose that tests positive for CWD.  It is mandated that the license be for the same species, in the same GMU, and in the same year as the original license.  A further provision allows a deer or elk license to be issued for the following year if insufficient time remaining to reasonably exercise the benefits of that license.  Previously moose licenses did not enjoy the same flexibility under this category stating that the reissued license must be for the same year, providing for a short extension of the season.
To date, three CWD-positive moose have been harvested in Colorado; one in 2005 and two in 2006.  In each instance, the test came back leaving very little time for hunters to reasonably harvest another moose, even with the season extension to October 31.  In 2005, the hunter was able to quickly mobilize and hunt another moose.  In 2006, the two hunters who harvested CWD positive moose would have liked to have hunted another moose, but were not able to do so because so little time remained.
These regulations extend the deer and elk provision to moose, allowing a moose license to be issued for the subsequent year if insufficient time remains to reasonably exercise the benefits of the license, as determined by the Division.  Furthermore, a provision was added stating that in units where there is no established antlerless season, a license may be authorized for a substitute GMU where there is an established antlerless season.  In this case, it is intended that the substitute GMU be determined by the Division.  This regulation applies to hunters who harvested moose from the 2006 big game season forward, allowing the two hunters who harvested CWD-positive moose in 2006 to hunt an antlerless animal in 2007.

The Commission has readopted changes made in November 2006 to correct an administrative filing error.

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, 2007 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 3RD DAY OF MAY 2007.
Approved:
Thomas M. Burke
	Chairman

Attest:
Robert W. Bray
Secretary