AS APPROVED - 07/10/2008

FINAL REGULATIONS - CHAPTER 0 - GENERAL PROVISIONS

ARTICLE II ‑ LICENSE TYPES AND REQUIREMENTS

#002 ‑ License Requirements

A.	Except as otherwise provided by these regulations any person who takes or possesses any wildlife shall have in possession the appropriate and valid Colorado resident or non‑resident license as provided in §33‑4‑102, C.R.S. and shall only take wildlife of the species and type as indicated on the license.  In addition to the required license the taking of some species may also require a permit.

B.	Except as otherwise provided, any person who hunts or fishes in Colorado shall have in possession the appropriate and valid Colorado resident or nonresident hunting, fishing or furbearer license including a customer identification number 

A customer identification number is not required for the following license categories:

1.	Falconry licenses.
2.	Senior Lifetime licenses issued prior to 1990.
3.	Senior Lifetime Low-Income licenses issued prior to 1994.
4.	Free Fishing licenses.

C.	Beginning April 1, 2009, all annual resident and nonresident licenses authorized in 33-4-102 (1.4), C.R.S., including fishing, senior fishing, small game hunting, furbearer, combination fishing and small game hunting, and the Colorado wildlife habitat stamp, the migratory waterfowl stamp required by 33-4-102.5, C.R.S., and the walk-in access permits provided for in 303.H and 503.D of these regulations, shall be valid and otherwise in effect from April 1 to March 31st of the following year.
 
All such annual licenses, stamps and permits purchased in 2008 shall be extended to and are otherwise valid through March 31, 2009.  All such annual licenses purchased on or after January 1, 2009, but before March 31, 2009, shall be in effect from the date of purchase and otherwise valid through March 31, 2010.

D.	Except as otherwise provided in these regulations, any person who hunts or fishes in Colorado shall be physically present in the immediate vicinity of the activity.  Internet or other computer-assisted remote hunting or fishing is prohibited. 

E.	Any person who hunts big game or turkey in a game management unit, or portions thereof, for which the Wildlife Commission has established limited license quotas must have a limited license valid for that unit.  General season, over-the-counter licenses may not be used in a limited license unit unless validated by the Division.

F.	Any person possessing a license or permit restricted to a specific game management unit or portions thereof, may only hunt that unit or area for which his license or permit is issued.

G.	Duplicate small game, fishing, furbearers, senior citizen lifetime licenses and combination small game licenses may be obtained from the Division of Wildlife by submitting an affidavit on forms provided by the Division and payment of a $5.00 fee.

H.	Any person who is authorized to hunt, fish or trap wildlife in Colorado pursuant to a permit issued by the Division shall comply with all of the terms and conditions of that permit.

I.	Except as otherwise provided in § 33-4-102.7, C.R.S., any person who hunts or fishes in Colorado shall have in their possession a Habitat Stamp.

J.	Except as otherwise provided herein or in property specific regulations in Chapter 9, any person entering or remaining upon a State Wildlife Area, as defined in § 33-1-102 (42), C.R.S., shall have in their possession a Habitat Stamp as provided in § 33-4-102.7, C.R.S.

1.	Employees, agents or lessees of the Division of Wildlife, acting in their official capacity, are not required to possess a Habitat Stamp.

2.	Law enforcement or emergency services personnel acting in their official capacity are not required to possess a Habitat Stamp.

3.	Persons 18 years of age or younger or 65 years of age or older are not required to possess a Habitat Stamp.

4.	Persons otherwise legally entitled to cross a State Wildlife Area using a public or private road are not required to possess a Habitat Stamp, provided such persons remain on the road easement or right-of-way at all times.

5.	Persons otherwise entitled to access a State Wildlife Area under an existing legal right are not required to possess a Habitat Stamp.  

6.	Permitees and their employees operating under a Chapter 9 commercial use permit or persons providing incidental commercial services to members of the public on State Wildlife Areas are not required to possess a Habitat Stamp.  Clients of permitees are required to possess a Habitat Stamp.

7.	Persons possessing a Chapter 9 special use permit and their subpermittees are not required to possess a Habitat Stamp.

8.	Educators and their students are not required to possess a Habitat Stamp to use a State Wildlife Area for wildlife-related educational purposes, provided the educator has authorization from an Area Wildlife Manager or his/her designee.

9.	Persons attending a Division of Wildlife sponsored educational event or seminar are not required to possess a Habitat Stamp.

10.	Persons accompanying a youth hunter as a non-hunting mentor are not required to possess a Habitat Stamp.

11.	Personal attendants or other persons providing necessary assistance to and accompanying individuals who are otherwise authorized to enter a State Wildlife Area with or without a Habitat Stamp are not themselves required to possess a Habitat Stamp, provided they give notice to and have written approval of the Regional Manager or his or her designee before entering the State Wildlife Area.

12.	Persons accessing a Walk-In property, as authorized by Chapters 3 and/or 5 of these regulations are not required to possess a Habitat Stamp.

K.	The Director is hereby authorized to issue the following licenses.

1.	Licenses for law enforcement investigative purposes to District Wildlife Managers, U.S. Fish & Wildlife (USFWS) Service Special Agents, or other persons cooperating with them or otherwise participating in a wildlife-related law enforcement activity authorizing them to hunt or fish as an appropriate element of an investigation of violation of Articles 1 through 6 of Title 33 of the Colorado Revised Statutes, regulations issued pursuant thereto, or federal wildlife laws; provided however, that no wildlife shall be taken with such a license if the taking would jeopardize the maintenance of populations at viable self-sustaining levels.

A written report shall be provided by the Director to the Wildlife Commission annually specifying the total number of licenses issued under this authority during the previous calendar year.

AS APPROVED - 07/10/2008
Basis and Purpose
Chapter 0 – General Provisions

Basis and Purpose:

Currently, small game hunting licenses, fishing and combination licenses expire on December 31, annually, requiring a hunter to purchase a new license to hunt on or after January 1.  Yet many small game seasons begin in the fall of one calendar year and continue through January or February of the following year, meaning that a hunter must purchase two licenses to hunt throughout the entire small game season.  Beginning in 2009, the Division will adopt a season-based license structure for applicable small game and fishing licenses, which will be valid from April 1 through March 31 of the following year, annually.   These dates would negate a hunter’s need to transfer HIP numbers between expired and new small game licenses.  This change is intended to improve customer service and simplify the license-buying process These dates are also be equivalent to the HIP registration period, and may improve HIP compliance by providing a timely reminder for hunters that a new license requires a new HIP registration.  . 
In order to implement this change, an adjustment period is necessary, in order to account for the period between January 1, 2009 and March 31, 2009.  These regulations extend all applicable 2008 licenses through March 31, 2009.  

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