AS APPROVED - 03/13/2008
FINAL REGULATIONS - CHAPTER 9 - DIVISION PROPERTIES
ARTICLE I ‑ GENERAL PROVISIONS
#900 ‑	REGULATIONS APPLICABLE TO ALL DIVISION PROPERTIES, EXCEPT STATE TRUST LANDS

A.	Public Access to State Wildlife Areas  

1.	Only properties listed in this chapter are open for public access.  The Director may open newly acquired properties for public access for a period not to exceed nine (9) months pending adoption of permanent regulations.  In addition, the Director may establish and post restrictions based upon consideration of the following criteria:
a.	The location and size of the area.
b.	The location, type and condition of roads, vehicle parking areas and the number and type of sanitary facilities available.
c.	The number of users and vehicles the area will tolerate without significant degradation to wildlife resources, and public or private property.
d.	Opportunity to assure public safety, health and welfare.
2.	If a property is opened for public access pursuant to this provision, the property shall be posted with a list of applicable access restrictions.  It shall be unlawful for any person or vehicle to enter any such property except in accordance with its posting and the applicable restrictions.

B.	Prohibited Activities  

12.	To release wildlife or privately-owned game birds, except privately-owned game birds released for field trials, including group dog training, or on those state wildlife areas where release for dog training is specifically authorized in #901.A of these regulations; or to permit dogs, cats, or other domestic pets to run at large (not on a leash) on any area except dogs lawfully used while actively hunting, or while training dogs for hunting, or during Division licensed field trials.

28.	To conduct field trials or group dog training without first obtaining a field trial license, in accordance with the provisions of Chapter 8 of these regulations. 
ARTICLE II ‑ PROPERTY SPECIFIC PROVISIONS
#901 ‑ PROPERTY SPECIFIC REGULATIONS

A.	In addition to or in place of those restrictions listed in regulation #900, the following provisions or restrictions apply:  

6.	Banner Lakes State Wildlife Area ‑ Weld County
a.	Boating is prohibited except for float tubes or craft propelled by hand.
b.	Camping is prohibited.
c.	Fires are prohibited. 
d.	Discharge of firearms or bows is prohibited except when hunting or training hunting dogs. 
e.	Horseback riding is prohibited.
f.	Bicycling is prohibited. 
g.	Fishing is prohibited from the opening of the first regular duck season through the last day of the migratory waterfowl season.
h.	Public access is prohibited from the first day of the regular waterfowl season to the day before the first day of pheasant season except for waterfowl hunting on Saturdays, Sundays, Mondays and legal holidays.  During this period waterfowl hunting is by reservation only.  Reservations may be made by calling 1-800-846-9553 or through the Division of Wildlife web site (www. wildlife.state.co.us).  Reservations are not accepted more than 14 days nor less than 48 hours in advance of the hunt date.  Failure to hunt a reserved area without prior cancellation may cause forfeiture of privilege to make reservations for the remainder of the hunting season.  Using the reservation system, hunters are limited to a maximum of one reservation per hunt date and one reservation per phone call.  Reservations are not transferable. The individual named on the reservation must be at the property on the day of the hunt and be a licensed hunter.  Hunters must follow check-in and check-out procedures as posted at that property.  Access allowed only through designated parking areas. 
 i.	Waterfowl hunters must check in and check out through the mandatory check station.
j.	Public access is prohibited north of Colo 52 from April 1 through July 15.
k.   Public access is restricted to foot traffic only.
l.	Dog training is permitted north of Colo 52 during February and March and July 16 to August 31 only.  Dog training is permitted south of Colo 52 from February 1 through August 31 only.
m.	Field trials may be authorized during February, March, and August only.  No more than four (4) field trials will be allowed per year, except that the number of group training events will not be limited. 
n.	Privately-owned game birds may be released for field trials and for dog training south of Colo 52 in accordance with the provisions of this chapter and other applicable regulations, including, but not limited to, #007, #008, #009 and #804 of these regulations.  All such game birds taken during training activities shall be removed from the State Wildlife Area by the dog training permitee and otherwise prepared for human consumption.
o.	The Division is authorized to implement a dog training reservation system should overcrowding become an issue on the State Wildlife Area.

243.	Wellington State Wildlife Area ‑ Larimer and Weld Counties
a.	Boating is prohibited except for craft propelled by hand may be used in hunting waterfowl.
b.	Camping is prohibited.
c.	Field trials may be authorized on the Wellington and Schware units during February, March 1 through 14, and August only.  Field trials may be authorized on the Cobb Lake Unit year-round.
d.	Fires are prohibited.
e.	Public access is prohibited on the Wellington and Schware Units from March 15 through July 15.
f.	Target practice is prohibited except when authorized by the Area Wildlife Manager.
g.	Public access is prohibited on the Wellington Unit from the first day of the regular waterfowl season to the first day of the pheasant season except on Saturday, Sundays, Mondays and legal holidays.
h.	Horseback riding is prohibited except at the Cobb Lake Unit, where horses may be used during field trials.
i.	Privately-owned game birds may be released year-round for dog training on the Cobb Lake Unit in accordance with the provisions of this chapter and other applicable regulations, including, but not limited to, #007, #008, #009 and #804 of these regulations.  All such game birds taken during training activities shall be removed from the State Wildlife Area by the dog training permitee and otherwise prepared for human consumption.
j.	Big game hunting on all units is restricted to the use of archery, shotguns with slugs, and muzzle-loading only.
k.	The Division is authorized to implement a dog training reservation system should overcrowding become an issue on the State Wildlife Area.

AS APPROVED - 03/13/2008
Basis and Purpose
Chapter 9 - Division Properties

Basis and Purpose:

Chapter 9 - Division Properties 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 11 - Wildlife Parks and Unregulated Wildlife.

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