01/10/2008
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.  Besides updating the regulations to reflect the upcoming 2008-2009 Big Game Season, other substantive changes where made to the regulations as follows:

Electronic-ignition muzzleloaders disallowed during muzzleloader season
Developments in muzzleloading technology have provided hunters with a battery-powered electronic ignition muzzleloading rifle.  The historic philosophy of Colorado’s method-driven muzzle-loading season has been one of primitive methods.  Such advances in muzzle-loading rifles as electronic ignition systems are not intended by the Commission to be used during a primitive season.  As with other advances in muzzle-loaders making them nearly as effective as modern rifles, this latest advancement has been disallowed.  As with other advanced muzzleloading rifle technologies, electronic ignition muzzleloading rifles are allowed during the regular rifle season.  In addition, due to lack of clarity on the issue of electronic-ignition muzzleloading rifles in 33-6-125 C.R.S. - “Possession of a Loaded Firearm in a Motor Vehicle,” the Commission has further defined in Chapter 0 of these regulations what constitutes a loaded electronic-ignition muzzleloader for the purposes of possessing it in a motor vehicle in order to help ensure public safety.

Prohibition on electronic and battery-powered devices extended to arrows
Electronic and battery-powered devices are prohibited for use on bows during archery seasons in an effort to maintain traditional methods of take related to archery.  A citizen petition was received by the Commission to extend this restriction to arrows, thus prohibiting GPS devices, electronic lighted arrows and other electronic arrow technology.  As this request was consistent with the original intent of the regulations, this restriction has been extended to include arrows during the archery season.

Shed antler collection restriction in the Upper Gunnison Basin
A closure has been placed on shed antler collection in GMUs 54, 55, 551, 76 and 77 between the dates of March 15 and May 15.  This closure is the result of a citizen petition asking for increased protection for the Gunnison Sage Grouse.  The closure is intended to minimize disturbance to Gunnison Sage Grouse during their critical breeding period.

Modification of the number of North Park antlerless deer licenses any one hunter may hold annually
The liberalization of antlerless deer licenses (including making regular antlerless licenses “List B” and the creation of GMU 9 PLO doe licenses as “List C”) was used as a major management tool from 2000-2005 to help lower the population of deer in DAU D-4.  This reduction was done in an attempt to reduce the prevalence of chronic wasting disease (CWD) as written in the 2001 D-4 DAU plan.  Based on a five-year analysis of DOW disease management efforts (2000-2005), large-scale population reduction was not shown to successfully reduce the prevalence of CWD in infected populations.  Given these data, the D-4 deer herd is now being managed towards its pre-reduction population level as written in the draft D-4 DAU plan.  These changes will allow management goals to be reached and will provide hunting opportunity to the largest number of people.

All Ranching for Wildlife licenses “List A” except special class licenses
All regular Ranching for Wildlife licenses have been designated “List A,” which means that an individual hunter may only hold one such license annually.  Donation, youth, or mobility impaired licenses, have been designated “List C,” which means that an individual hunter may hold any number of such licenses annually.  This change has been made for clarification and consistency among Ranching for Wildlife properties as the use of these licenses is restricted to a small part of the GMU (just on the ranch) rather than the entire GMU.  As a consequence depending on where in the state you are at some RFW licenses are List B while the same license type someplace else is List A.

Ranching for Wildlife public license minimum moved from regulations to Director’s Guidelines
Regulations set firm administrative requirements of the RFW program.  Whereas Guidelines provide somewhat more flexibility and detail for day-to-day program implementation.  The minimum license standard was put into regulation as a way of managing staff effort in the program.  That is; some minimum level of licenses should be provided to the public given the amount of Division staff work involved in program administration with any ranch.  Regulations setting the annual public license minimum at 30 have been removed.  In 2006, changes arising from the 2005 full program review were implemented.  Among these changes is that license allocations are derived from harvest objectives set for all ranches in proportion to the habitat the ranch has within the DAU where it is located.  While this change helps to assure that harvest on ranches is relatively aligned with DAU management objectives, on a few ranches the proportional harvest objective and subsequent license allocation to achieve that objective has or may result in the ranch dropping below the 30 license minimum.  Aside from the minimum license issue, ranches susceptible to this situation have been high performing ranches with high levels of public hunter satisfaction and strong commitment to quality habitat management and conservation.  This change has been made to comply with the original intent of the full program review and avoid removing high performing ranches from the program as a result of unintended consequences. 

Georgetown (S32)
The archery and rifle ewe license numbers increase is due to the population being over objective of 250-300.  Population objective will be evaluated and possibly revised through the DAU planning process in 2008.

Poudre River and Rawah DAU (S1 and S18)
The decrease rifle ram licenses from 2 to 1 is due to continued decline in population and ram numbers estimated through sight observations and mark-resight methods.

Mt. Evans Sheep DAU (S3 and S4)
The increase in S3 rifle ram from 3 to 6 licenses and reinstatement of rifle ewe hunting in S3 and S4 with 4 ewe licenses per unit is due to an increase in the number of sheep counted in July 2007 and the addition of a December inventory to confirm lamb survival.  Estimated sheep numbers are close to the objective of 200.

St. Vrain (S37)
The decrease archery ram licenses from 2 to 1 is due to a decrease in the number of sheep counted post-season 2006 and a decreasing trend in population.

Tarryall and Kenosha Mountains DAU (S23 and S27)
There is no change in the number of rifle ram licenses, however hunters will be allowed to hunt both units.  Radio telemetry data show ram movements between these units and license numbers are low enough to not cause concern of over harvest on the most accessible ram bands.  When license numbers increase, hunters may again be restricted to hunting only one unit.

Bighorn Sheep Ewe Hunt added to S-61
There has never been a ewe season in S-61.  There are five ram licenses per year for the unit.  Three are valid for the entire unit excluding Purgatoire Ranching for Wildlife property.  There are two ram licenses per year that are limited to the properties that make up the Purgatoire Ranch Ranching for Wildlife property.  The estimated population for S-61 is 240 sheep.  There has been a request for a ewe hunt for several years on the property that is now the Chancellor Ranch State Trust land.  A very limited opportunity has been provided, as one bighorn ewe license has been made available for youth hunting only on the Chancellor Ranch State Trust Land.

Mt. Evans DAU (G4)
There was a decrease in rifle either-sex mountain goat licenses from a total of 27 to 18 due to a decrease in number of goats counted in 2007 and a downward trend in counts over the last few years.  Female harvest was fairly high in 2007 at 9 females which is 45% of the harvest.   The estimated population had decreased and is at the objective of 100-125 goats.  Eighteen licenses are projected to harvest 13 goats which is a 10-11% harvest rate of the preseason population.

Grays Peak DAU (G7, G15, and G16)
There was an increase in rifle either-sex mountain goat licenses in units G15 from 7 to 10 and in G16 from 24 to 32.  In total, the number of licenses in the DAU is recommended to increase from 51 to 62.  Overall, the estimated post-season goat population is close (294) to the DAU plan postseason objective of 300.  Projected harvest is 50 goats which equates to a 15% harvest rate which may not be sustainable based on past experience in this DAU and G4, as well as in the literature.  In addition, the three-year average proportion of females in the harvest has been high (45%) which also recommends caution with future harvest.  Even though a 15% harvest rate is high, increases in license numbers are in outer portions of the DAU (G15 and G16) which may help suppress emigration to the north toward Rocky Mountain National Park or to the south into the Buffalo Peaks sheep herd.  

Private Land Only Bear Seasons
Implementation of private land only bear seasons is intended to help manage bear numbers in certain areas as well as increase sportsman opportunity on private lands.

Bear and lion tooth extraction and unfrozen hide required at mandatory check
The Division continues to monitor its bear and mountain lion harvest and other forms of mortality for age and gender composition.  As part of the Division’s monitoring efforts, in 2006 hunters who harvested a bear and/or lion were asked to voluntarily allow the Division to extract a tooth for biological analysis.  Voluntary efforts resulted in a tooth collection from approximately 65% of harvested bears and 40% of harvested mountain lions.  Partial analysis of a population can introduce age class and gender bias, which, if unresolved, confound analysis and detract from providing for informed management of these species.  In most DAUs the total population size of these species is uncertain and harvest amounts may be quite small.  Missing tooth collections from a small sample derived from an uncertain population size can magnify the consequences of biases.  Therefore, it is important to collect teeth from as much harvest and other mortality as possible.  This regulation intends to minimize the amount of unresolved bias.

In addition, a regulation has been added requiring bear and mountain lion heads and hides to be presented unfrozen or to allow Division staff to thaw them in order to assist Division staff in successful tooth extraction.  Unfrozen hides are already required when bears are presented.

Additional antlerless deer licenses for hunters possessing a valid either-sex archery deer license in GMUs 11, 12, 13, 22, 23, 24, 131, 211 or 231
DAU D-7, which includes GMUs 11, 12, 13, 22, 23, 24, 131, 211 and 231, is above long-term population objective.  In an effort to encourage take of antlerless deer in these GMUs, antlerless deer licenses have previously been made “List B,” enabling a hunter to possess the license in addition to another deer license.  Furthermore, antlerless deer license prices have been reduced as an added measure to increase harvest of antlerless deer in these GMUs.  Archers have expressed an interest in possessing an additional antlerless deer license in addition to the existing either-sex archery deer license in these GMUs.  Archery hunt codes have been added in order to provide archers with “List B” licenses to harvest antlerless deer.

Flat Tops Wilderness early antlered deer hunt
The dates for this hunt have been moved from the end of September to earlier in the month.  This deer hunt code was originally created in 2006 to provide a very limited opportunity for hunters to experience high-country, early season buck deer hunting in the Flat Tops Wilderness without detrimental impacts to the deer population or conflicts with other early hunting seasons.  In 2006, 10 hunters used between two and five preference points to draw the hunt code, and no deer were harvested.  Many of the hunters stated that they saw very few deer during their hunt in the Flat Tops Wilderness and noted that the weather conditions were harsh during the last week of September.  By moving the dates of this early rifle hunting season up by approximately two to three weeks it is anticipated that deer hunters will have a much greater chance of harvesting a deer in the Flat Tops Wilderness Area.  The modified date structure of this hunt is consistent with the guidelines of the Wildlife Commission’s applicable Five-Year Season Structure policy.

Fourth Season antlered deer licenses in the Southwest Region
Fourth season antlered deer licenses have been made available in most GMUs in the Southwest Region.  Since the limitation of all deer licenses in 1999, post hunt buck/doe ratios in most deer DAUs in the Southwest Region have steadily increased.  With the recovery of deer numbers and buck/doe ratios, second and third season antlered licenses have been increasing over the past three years.  With only one exception, all deer Data Analysis Units are above 25 bucks per 100 does, which is the minimum standard established by the Commission to implement fourth season antlered deer licenses.  The intent of this change is not to significantly reduce buck/doe ratios but to allow a very small number of high quality buck hunts, within the range of 2-10% depending on local considerations and management objectives.

Private land only antlered deer licenses in GMUs 51, 391 and 461
The estimated sex ratio in Deer Data Analysis Unit 17, which contains GMUs 51, 391 and 461 is 40 bucks: 100 does, which is above the objective.  The highest densities of deer and the highest buck ratios occur in GMUs 51, 391, and 461.  In order to bring the sex ratio down to objective, private land only seasons for antlered deer have been created to help encourage harvest of bucks on private land while maintaining an opportunity for a quality hunt on public land.

Private land only antlerless deer licenses in GMU 56
Private land only antlerless deer licenses have been made available in GMU 56.  Division staff has received various complaints from private landowners about the deer numbers, some of which have resulted in game damage claims.  In addition to the damage claims, staff receives routine complaints about numerous deer in urban areas.   This DAU remains below its long-term population objective; however, a limited number of private land only antlerless deer licenses has been approved to help disperse deer from urban and private land areas.

Whitetail only deer licenses in D-28 and D-33
DAU D-28 is located in southeastern Colorado and includes Game Management Units 122, 125, 126, 127, 130, 132, 137, 138, 139, and 146 bordering and surrounding the Arkansas River.  DAU D-33 is located in southeast Colorado and includes Game Management Units 143, 144, and 145.  Deer license numbers in the DAUs have been increased in recent years.  However, it is believed that the whitetail deer population in the DAUs can support additional hunting opportunity in the form of whitetail deer only licenses.  These licenses provide a means to increase high demand deer hunting opportunity in these DAUs while allowing desired management control and more management flexibility for mule deer, which are believed to be more susceptible to harvest in these DAUs because of habitat preferences and habits.  Increasing license numbers under the current either species licensing system has the potential to negatively impact the mule deer population, which historically has had high trophy potential because of conservative numbers of licenses.   In addition, there is high potential for deer damage on irrigated agricultural crops along the riparian areas and tributaries which have been observed to have the highest whitetail densities.  By adding whitetail only licenses in these DAUs, the intent is to increase deer hunting opportunity and improve management of the deer population by allowing the flexibility to target either whitetail or mule deer populations depending on management goals.  

Removal of the geographical split for antlerless rifle elk hunting in GMU 37
In 2002 a geographical split was created in GMU 37 at Interstate 70.  In order to address population and game damage concerns, the split was created to increase antlerless elk harvest in South Park in the herd that had migrated south from Summit County.  By 2004, Division field staff documented a decrease in the overall elk population in the unit largely due to the harvest success in GMU 37 south.  As a result of the GMU 37 split, Division field staff has determined that fewer elk are moving across the Continental Divide in the winter, and South Park has a lower population and fewer game damage conflicts. With fewer elk overall, the need to focus increased numbers of hunters in the southern portion of the unit has subsided, and removing the split in GMU 37 will increase hunter opportunity while still allowing harvest in the southern portion of GMU 37.

Either-sex first season elk licenses changed to antlered only in GMUs 68, 80, 81 and 681
The first rifle season was originally established as a quality rifle hunt for antlered elk, which was accomplished by decreasing hunting pressure through limited licenses and providing only antlered elk licenses.  By the 2003 season the antlered elk licenses in E-26 (GMUs 68 and 681) and E-32 (GMUs 80 and 81) were changed to either-sex licenses and first season antlerless elk licenses were added in order to increase antlerless elk harvest and therefore decrease the elk population to meet the DAUs population objectives. Both of these DAUs are currently at population objective therefore the need to harvest antlerless elk has diminished.  In order to provide a quality antlered elk hunt, either-sex first season elk licenses in these GMUs have been changed to antlered only.

Exclusion of the Bosque del Oso State Wildlife Area from January antlerless elk harvest
The Bosque del Oso State Wildlife Area has been excluded from hunt code EF085L1R, which has season dates from January 1 - January 31 annually.  During the development of the surface use agreement on the property, the mineral rights holder relinquished the right to develop the property during the timeframe when most hunting seasons are held.  This helps the developer to avoid conflicts with the hunting public during development activities.  The surface use agreement allows full-scale development beginning January 1st of each year until March 31st.  During this time, activity along access roads increases exponentially which can create a potential safety hazard for hunters in the campgrounds and along the roadways during that time period.  The surface use agreement was put in place to minimize these types of hazards and to allow for the best hunting experience possible.  The Bosque del Oso has been excluded from the EF085L1R hunt code to help minimize the possibility for an accident and ensure a higher quality hunt for hunters on the Bosque del Oso while providing winter range for elk.  Antlerless hunting opportunities on the property remain available during the third rifle season, the muzzleloader season and in three separate December rifle seasons.  These seasons combined allow 90 people the opportunity to harvest antlerless elk on the Bosque del Oso SWA.

Early private land antlerless elk hunting in North Park
In an attempt to increase antlerless elk harvest and hunter opportunity early season private land only licenses for antlerless elk have been made valid in all North Park GMUs and the hunt will open two weeks earlier.  Previously, hunters were restricted to hunt one unit within North Park.  Because many ranches within the area are located in more than one GMU, and because elk often cross GMU boundaries, these licenses have been made valid throughout North Park instead of on a GMU-by-GMU basis.

Late season antlerless hunt in GMUs 1, 2 and 201
A late antlerless elk season has been established in GMUs 1, 2 and 201 in an effort to increase cow harvest and reduce the elk population to the long-term population objective.  

Split season for the late antlerless elk hunt in GMUs 35 and 36
This season was created in an effort to alleviate game damage issues in GMUs 35 and 36 as well as increase antlerless elk harvest to help meet population objectives.  Game damage issues and landowner support for the late season have both been low in the northern half of GMU 36, and there has been minimal antlerless elk harvest in that portion of GMU 36.  A split season has been created to help alleviate the concerns of landowners while still allowing for harvest of antlerless elk in GMUs 35 and 36.

Private land only antlerless elk hunting in GMUs 1 and 10
Elk populations in GMU 1 and 10 are above the long-term population objective.  Private land only antlerless elk hunting has been added to the GMUs to provide landowners the ability to help manage elk damage and distribution issues in these two GMUs.      

Private land only antlerless elk hunting in GMU 33
DAU E-6, which contains GMU 33, is over the current population objective, resulting in damage to agricultural products by elk.  A late private land only season has been established to help reduce this elk population to its long-term population objective.  In GMU 33, these problems have historically been handled through the use of damage and dispersal hunts.  Although these hunts focus on the specific problems, they do not adequately address the problem across the GMU.  This season is intended to alleviate game damage issues associated with the distribution of elk during that time period and is also intended to increase antlerless harvest opportunities available to the general public.     

Late private land antlerless elk hunting in 691
Late season antlerless elk hunting on private land in GMU 86 was initiated to manage the overabundance of elk on private lands in GMU 86 by providing an opportunity to harvest antlerless elk from September 1 through January 31st every year.  During the 2006 season, heavy snows and hunting pressure pushed the elk out of GMU 86 and into 691 creating new game damage situations.  To help with addressing these new damage situations and provide the opportunity to harvest more antlerless elk GMU 691 has also been opened to late season private land antlerless elk harvest.

Doe Pronghorn Hunting in South Park
Doe pronghorn hunting during the rifle seasons was allowed in GMUs 50, 57, 58 and 581 in South Park prior to 1999.  After two years of sub-maintenance fawn:doe ratios in 1997 and 1998, rifle doe licenses were discontinued in these units.  From 1999-2002 fawn:doe ratios remained low.  Preseason surveys conducted in 2004 and 2005 revealed an increase in fawn:doe ratios.  The 2007 survey showed greater improvement, indicating that the fawn:doe ratio is steadily increasing.  The increasing recruitment is expected to result in the population being over its current post season objective; therefore, antlerless seasons are once again warranted.

Backcountry moose hunting in GMU 18
Moose hunting opportunity has gradually increased in DAU M3 over the past decade by threefold, due to an increase in the moose population.  GMU 18 and 181 have seen an increase in moose licenses from eight licenses in 1997 to 21 licenses in 2007.  The increased moose population has meant an increase in vehicular-moose accidents, increased human-moose conflicts, and in some cases, increased illegal moose harvest.  Due to the ease of access into the eastern portion of GMU 18, the limited access to the western portion of GMU 18, and the size of an adult moose, a disproportionate amount of moose harvest occurs in and around roaded areas for all methods of take.  A subunit of GMU 18 has been created to provide increased moose hunting opportunity and to encourage harvest in areas where moose have traditionally had refuge from hunting.

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, 2008 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 10th DAY OF JANUARY, 2008.
APPROVED:
Thomas M. Burke
	Chairman
ATTEST:
Robert W. Bray
Secretary