FILING - 07/10/2008
Basis and Purpose
Chapter 3 – Small Game - Furbearers

Basis and Purpose:

These regulations amend Chapter 3 – Small Game – of the Wildlife Commission Regulations.  They establish the date structure for the 2008 hunting season for game birds (except migratory birds) and all other species considered small game in Colorado, with the exception of turkeys.  These regulations are necessary to properly manage small game wildlife in Colorado.  Small game populations are managed primarily for hunting and watchable wildlife recreational opportunity and to prevent or minimize damage to private property.  Besides updating the regulations to reflect the upcoming 2008-2009 small game seasons and general clean-up, other substantive changes were made to Chapter 3 as follows:

Furbearer License
These regulations allow the take of all furbearers through purchase of either a small game or furbearer license.  Previously a person with a small game license was allowed to legally harvest a bobcat but could not harvest several of the other furbearers, such as beaver, muskrat, and badger.  There was confusion as to why bobcat was included in recent years as a harvestable species on a small game license while several other furbearers were still excluded.  In order to provide clarity and equity, the Commission examined whether all furbearers should be available for harvest on a small game license as well as a furbearer license.  Furbearer species are currently defined as “those species with fur having commercial value and which provide opportunities for sport harvest including mink, pine marten, badger, red fox, striped skunk, beaver, muskrat, coyote, bobcat, and raccoon.”  Species that could previously be taken with either license were red fox, striped skunk, coyote, bobcat and raccoon.  Species that can only be taken with a furbearer license are mink, pine marten, badger, beaver and muskrat.  In order to remove confusion and inadvertent violations, these regulations allow take of furbearer species with either a small game or furbearer license.  In addition, these regulations reduce the price of a furbearer license under the Commission’s authority set forth in §33-4-102 to remove the financial incentive for sportsmen to purchase a small game license rather than a furbearer license if species can be taken with either license.  The statutory maximum price of a small game license is $20 for residents and $55 for non-residents, while the price of a furbearer license is $25 for residents and $200 for non-residents.  These regulations reduce the price of both a resident and nonresident furbearer license to equal that of a small game license.

Extended Walk-In Access (WIA) Season
Previously, WIA properties were classified as regular, late cropland and grouse.  Classifications are necessary to offer the maximum amount of opportunity possible relative to the type of recreation that each provides.  However, those designations, and ending dates for access, did not allow the maximum amount of opportunity for properties, primarily cropland, that have significant value for spring light goose hunting.  While most of the regular goose seasons are bracketed by the regular or late cropland access beginning dates, access to properties ends before the primary opportunity to hunt spring light goose occurs.  Numerous properties in the SE have been enrolled primarily for their value for light goose hunting, and some in the NE have significant value for light goose hunting.  Roughly 50 properties offer this opportunity at present, however, light goose hunting opportunities were not strongly pursued previously because regulations did not allow access to WIA properties for the majority of the spring light goose season.  These regulations create an extended WIA classification to offer access beginning on the opening day of pheasant season and extending through the month of March, annually.  Extending access to these properties thru March is intended to capture the primary light goose spring migration period, improving hunter opportunity to hunt light geese.  March 31 is the closing date for this access period, even though the light goose Conservation Action continues through the month of April, as most light geese have left the state by the end of March.

White-tailed Ptarmigan in GMUs 44, 45, and 444
Seasons for White-tailed ptarmigan have been extended in these units to increase hunter opportunity on a currently underutilized species, equal to the opportunity that exists for ptarmigan in various GMUs in the southwest portion of the state.  The extended season is intended to allow hunters the opportunity to harvest a ptarmigan in complete winter plumage.

Gunnison Sage Grouse
The Gunnison sage grouse (GuSG) was officially identified as a unique species in the year 2000, but has never been officially identified as being separate from the greater sage grouse (GrSG) in these regulations.  Local GuSG working groups have been established since 1995 throughout Southwest Colorado to direct local management actions, and a range-wide conservation plan was published in 2005.  Despite this, the only reference in these regulations to GuSG has been the more general term of “Sage Grouse.”  Since 2000, the hunting season for GuSG has been closed throughout its range, while limited hunting remained for GrSG.  In regulation, this has been accomplished by a listing of specific game management units open for sage grouse hunting, listing only some of the GrSG populations and excluding all GuSG populations.  In the future, hunting for GuSG may occur, but this depends on status listing decisions by the US Fish and Wildlife Service and the Colorado Wildlife Commission and the progress toward secure populations throughout the range of the GuSG.  The present distribution of GuSG is entirely south of I-70 and the distribution of GrSG is entirely north of I-70, even though this is not consistent with historic distribution of the two species.  These regulations separate GuSG from GrSG, but don’t modify existing management of either species.

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 SEPTEMBER 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 JULY, 2008.
APPROVED:
Robert W. Bray
Chairman

ATTEST:
Timothy R. Glenn
Secretary