BasisandPurposeAttachment2010-00045

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FILING - 03/31/2010
Basis and Purpose
Chapter 3 – Small Game - Furbearers
Basis and Purpose:
Since 2007 there has been a significant increase in rabies in wildlife in eastern Colorado. The geographic
distribution of rabies in skunks has progressed westward, and cases recently have been found in El Paso
County where there is a large population of raccoons. Consequently, there is concern that skunk rabies
also will become established in the raccoon population along the Front Range. Prior to spring 2007,
rabies in wildlife (other than bats) was extremely rare in Colorado. In 2007, there were 4 confirmed cases
of skunk rabies and 1 positive coyote; in 2008, 17 skunks, 1 cat, and 1 raccoon tested positive for rabies.
All of these cases were confirmed or presumed “south central skunk strain” rabies, with the exception of
one skunk in Mesa county where the condition of the sample precluded strain typing. In 2009 there were
at least 30 rabies-positive skunks, 1 fox, 1 mountain lion, 1 domestic cow and 1 horse. Rabid skunks
have been detected in El Paso County in the north central part of Colorado Springs and the Black Forest
area. Colorado Springs has a significant raccoon population that causes numerous conflicts with citizens
each year. One method citizens use to alleviate raccoon problems is to trap and relocate them. This
activity has the potential to rapidly spread rabies over significant distances as Regulation #303 A. 3. c.
previously allowed relocation of raccoons up to 10 miles from the capture site without any oversight by the
Division of Wildlife. The relocation of skunks has been prohibited in Colorado for some time due to rabies
concerns. “Skunk strain” rabies can be transmitted to other mammals, and since 2007 “skunk strain”
rabies has been found in raccoon, fox, domestic cat, coyote, and is suspected in a horse, mountain lion
and domestic cow in Colorado. There is concern that the current rabies outbreak in skunks will become
established in the raccoon population along the Front Range and cause significant wildlife health
problems, as well as threaten domestic animal and human health. The change in regulations to reduce
the distance raccoons may be moved is intended to minimize the risk of spreading rabies in Colorado via
translocation of potentially exposed raccoons while providing citizens a solution to raccoon issues.
These regulations are a result of a significant rewrite of Colorado’s falconry rules, found in Chapter 6 of
the Wildlife Commission Regulations. Those regulations generally liberalize falconry regulations in
Colorado according to the revised governing federal falconry regulations (C.F.R. Parts 21 and 22, October
8, 2008). They affect most facets of the practice of falconry in Colorado, and are the result of an
extensive internal and stakeholder involvement process. These regulations clarify small game and
furbearer season dates by including them in Chapter 3 with all other methods of take.
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, 2010 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
11th DAY OF MARCH, 2010.
APPROVED:
Tim Glenn
Chairman
ATTEST:
Mark Smith
Secretary
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