FILING - 03/31/2008
Basis and Purpose
Chapter 11 - Commercial Parks

Basis and Purpose:

Chapter 11 - Wildlife Parks and Unregulated Wildlife stipulations are part of a reorganization of regulations pertaining to release of privately-owned game birds on State Wildlife Areas, which also includes portions of Chapter 0 - General Provisions, Chapter 8 - Field Trials and Dog Training and Chapter 9 - Division Properties.

By statute (33-6-114(3)C.R.S.), release of wildlife is prohibited unless allowed by Wildlife Commission regulations.  Previous regulations did not specifically allow the release of privately-owned game birds on State Wildlife Areas as a training aid for individual hunting dog training. Game birds could be released on State Wildlife Areas under a Field Trial Permit (Reg#803A). Birds could also be released on private land during certain times and constraints (Reg#1103E). Hunters could train dogs on wild birds that may be present on State Wildlife Areas at certain times (Reg # 804).  However, no opportunity existed for individual hunters to train dogs on a State Wildlife Area with privately-owned game birds released at the time of training.  Front Range hunters who may not have access to private lands have requested through the citizen petition process that opportunity be provided to allow training of dogs on released birds on two specific State Wildlife Areas. 

Allowing release of pen-raised privately-owned game birds on properties where wild populations are not significant is intended to minimize the risk of negative interaction between pen-raised and wild birds.  By allowing two properties in the Northeast Region, information can be gathered and used to evaluate potential management conflicts.  Banner Lakes SWA and the Cobb Lake Unit of Wellington SWA have frequent field trials, and neither property has a large breeding population of quail or pheasants.  These regulations allow the release of privately-owned game birds on those two State Wildlife Areas under various restrictions.  

A permitting requirement has been established for dog trainers who wish to release privately-owned game birds on these two State Wildlife Areas as part of the training process.  Permitting is intended to allow the Division to monitor this practice and avert hunting of privately-owned game birds on State Wildlife Areas for purposes other than dog training.  Up to nine individuals may be listed on a permit, and at least one of those individuals must be present when the training in question takes place.  This is intended to allow the permitees to include others in dog training activities, while still maintaining the process of proper approval.  In addition, regulations have been added to allow the Division to implement a reservation system.  The reservation system is intended to be utilized if this practice leads to overcrowding or overutilization of the State Wildlife Area in question.  In addition, to avoid issues related to waste of wildlife dog trainers are required to remove all game birds taken during such training activities from the State Wildlife Area and otherwise prepare them for human consumption.

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 MAY 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 13th DAY OF MARCH, 2008.
Approved:
Thomas M. Burke
Chairman

Attest:
Robert W. Bray
Secretary