FILING - 1/29/2014
Basis and Purpose
Chapter W-0 - General Provisions
Basis and Purpose:
Drones for Hunting-Related Activities
The practice of using drones as an aid in the scouting, hunting and taking of wildlife has become an
emerging issue, especially in the more open country habitats such as Colorado and many western states
that are not heavily forested. There is concern that this technology which is getting cheaper and better
can be used in the scouting, hunting and taking of Colorado’s wildlife, in particular mule deer on open
winter range and highly sought-after and limited hunting opportunities for the big game species such as
Bighorn Sheep, Rocky Mountain Goat and Moose. The use of this technology violates the principles of
fair chase and fair opportunity. Colorado statute (33-6-124, C.R.S.) that covers the use of aircraft and the
federal Airborne Hunting Act are inadequate as those laws focus on “any person while airborne” as the
use of unmanned aircraft was not contemplated at the time those laws were enacted. These regulations
define drones and prohibit their use in hunting-related activities. It is not within the authority nor is it the
intent of the Commission to prohibit their use in agriculture, education or any other type of non-huntingrelated activity.
Chronic Wasting Disease (CWD) Testing for Imported Cervids
Colorado Department of Agriculture (DOA) regulations 8 CCR 1201-17 Part 4.1 require that all alternative
livestock imported into Colorado be from a herd that has been under surveillance for CWD for a period of
at least 60 months unless CPW and the DOA agree otherwise that the associated risk is negligible. Under
Alternative Livestock statutes (35-41.5-102(1)), alternative livestock is defined to be domestic elk and
fallow deer. These are members of the Cervidae family. CPW Regulations previously required the 60month CWD surveillance as condition of authorization for movement of live deer or elk into a commercial
park. However, because of lack of clarity in the regulations, potential existed that commercial parks could
import from a facility with less than 60-month surveillance. These regulations have been clarified to match
the intent of existing regulations, which is that all cervids imported or transported within Colorado follow the
generally-accepted best management practice of 60 months of surveillance for CWD.
Addition of all Cervids to the Prohibited Species List
Various Parks and Wildlife Commission regulations prohibit people from possessing live members of the
Cervidae family in Colorado with very limited allowances and controls. The intent of the prohibition on
privately-owned cervids is to protect the state’s considerable populations of native cervids from disese,
displacement and hybridization. The intent of these regulations is to clarify that privately-owned cervids
may not be transported through Colorado. Sika deer have been crossbred with native elk to produce Silk
deer. There is a free-roaming hunted population of Sika deer in the Northeast United States, primarily in
Maryland. However, the population appears to be expanding and moving south. Pere David’s deer has
been crossbred with Red deer producing viable offspring. While the biological reasoning for not allowing
members of the family Cervidae into the state is to protect and maintain the genetic purity and health of its
wild deer and elk herds, the only members whose actual importation was previously prohibited were Red
deer, White-tailed deer, and hybrids of any Cervidae with elk. In 2010, a request was received via the
Colorado Department of Agriculture from a Red deer producer in Arizona to transport Red deer into
Colorado to a slaughter facility specializing in venison production. The importation was stopped due to the
prohibition of Red deer. Had the importation been approved, the Red deer would have been transported
through some of Colorado’s premier elk habitat. While the potential for an accidental release is likely
slight, it would only take one such vehicle accident to place undesired species into prime habitat.
These regulations solidify the protection of Colorado’s native deer and elk by adding all cervids to the
prohibited species list.
Statewide Prohibition on Depositing Minerals of Salt for Wildlife
Placing salt or minerals in an area can create artificially high concentrations of big game animals. Baiting
big game ungulates such as deer, elk, and moose has been shown to aid in the transmission of Chronic
Wasting Disease (CWD). One of the commonly-believed modes of transmission from an infected animal
is through saliva and feces. There are numerous counties in Colorado that have CWD positive
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populations of deer, elk and moose. Salt and mineral licks create congregations of various species that
normally have minimal physical contact. Moose, elk, and deer have been observed licking the same salt
or mineral lick, enhancing the potential for disease transmission between species. The previous regulation
was outdated and didn’t address most of the CWD-positive counties in Colorado. The spread of CWD
across Colorado is a significant threat to deer, elk, and moose populations. Prohibiting the use of salt and
minerals for wildlife in all of Colorado is intended to help slow the spread of the disease. These
regulations clarify that the practice of using salt or minerals to attract wildlife is prohibited.
Game Management Unit Boundary Changes
95/951: This GMU boundary realignment groups together geographically similar big game populations.
Deer and Pronghorn density and deer species differ widely across GMU 95. Deer and Pronghorn
populations in the west panhandle of GMU 95 are more closely aligned with populations and management
objectives of GMU 951 than the eastern portion of GMU 95. This new boundary also more closely aligns
with CPW area boundaries. The boundary change is not expected to have a significant change in the
number of preference points required to draw a license. In addition, this realignment will not result in any
significant modifications in the DAU objectives for the affected DAU plans. This action increases the
surface area of low-density deer habitat in 951 (DAU D-44) while removing that same footprint from D-5,
moving 337 square miles of GMU 95 (previously 1,080 sq. mi.) into GMU 951 (previously 565 sq. mi.).
S-49/S-68: Bighorn sheep historically inhabited the alpine portion of the Northern Sangre De Cristo range;
however, the population suffered a die-off and disappeared from the range sometime in the 1980s. In
2010 and 2011, CPW successfully reintroduced 22 bighorn sheep from the Southern Sangres (S-9) into
the alpine of the Northern Sangres (S-68). Since the reintroductions, annual helicopter surveys indicate
the population is doing well and lamb production has been good. The current estimate for the Northern
Sangres is > 40 sheep. The Northern Sangres were previously included in unit S-68; however, the unit
boundaries were somewhat confusing and the unit had two distinct sub-groups of sheep. One was in the
Northern Sangres and the second was along the Arkansas River south of Cotopaxi. One complicating
factor in managing this sheep herd was interchange of sheep between the Arkansas River portion of S-68
and S-49 to the east. Radio collar data from sheep collared as part of the Over the River sheep mitigation
project indicates the Arkansas River corridor sheep in S-68 are part of the same population inhabiting unit
S-49 and the herd regularly crosses back and forth across the current S-68/S-49 boundary of Colo Hwy
69. As a result, these regulations realign the boundary between the two sheep units, which is intended to
focus harvest on the newly established population in the Northern Sangres, simplify the boundary between
S-49 and S-68, and making the line between the two units more biologically relevant. In addition, the
name of the S-68 unit has been changed from “Cotopaxi” to “Northern Sangre De Cristos.”
S-22/S-36: Due to a disease outbreak that significantly impacted bighorn sheep in S-36, this unit had
been closed to bighorn sheep hunting since 1993. Since that time, bighorn sheep populations have slowly
increased to an estimated current population of approximately 60-80 bighorn sheep. Monitoring efforts
have shown that S36 sheep were using portions of S22 and that they were distinct from the core
population in S22. Consequently, these regulations realign the boundary between S-22 and S-36 to
include the Dry Gulch/Farmer’s Creek area. This realignment better defines the S36 sub-population of
sheep by encompassing the land utilized by the rams associated with S-36. In addition, some S-22
hunters have found these S-36 sheep and have taken rams in this area. This created a situation where
CPW was not meeting its harvest objective in S-22 because hunters were harvesting rams from the S-36
population. Realigning the unit boundaries is intended to better reflect local bighorn sheep populations
and distribute harvest in a more biologically consistent manner.
The primary 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: §§ 33-1106, C.R.S.
EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE MARCH 2, 2014 AND
SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.
APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF
COLORADO THIS 10th DAY OF JANUARY, 2014.
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APPROVED:
William Kane
Chairman
ATTEST:
Christopher J. Castilian
Secretary
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