FILING - 03/27/2013 Basis and Purpose Chapter W-9 - Wildlife Properties Basis and Purpose: Annual changes have been made to Chapter W-9 - Wildlife Properties. These changes include modifications to the regulations applicable to all Division-controlled properties, property-specific regulations, and non-substantive cleanup. Specific changes include: Newly-opened Properties Newly-acquired properties have been included in order to provide public access while implementing stipulations of associated agreements. They are: Bighorn Springs SWA (Fishing Easement) Perkins SWA Ruby Mountain SWA (Fishing Easement) Karney Ranch STL Mud Springs STL (previously inadvertently removed from regulation) Shaw Creek STL Ted’s Canyon STL (previously inadvertently removed from regulation) Bodo SWA A winter closure was enacted on Bodo SWA in 2011 to protect wintering elk. These regulations allow an exception for a popular winter hiking trail (Smelter Mountain). The intent is to allow compatible hiking recreation while maintaining the integrity of the closure intended to protect wintering elk. For this purpose, access is restricted from 10 am - 2 pm, the time elk are generally the least active, and dogs are prohibited as ungulates are generally sensitive to their presence. Boyd Ponds SWA Boyd Ponds SWA was acquired through a fee title purchase in 1966. It is situated on the South Platte river near Fort Morgan. Boyd Ponds is completely surrounded by development, including occupied dwellings and structures, which creates safety concerns for residents adjacent to the property. The City of Fort Morgan had previously entered into a lease with CPW to manage the SWA and incorporate it into their parks and nature trail system. That lease has since been formally terminated by both parties. Consequently, these regulations are intended to address safety concerns and allow for proper management, and they closely mirror those of other river SWAs on the South Platte. Jackson Lake and Jumbo (Julesburg) Reservoir SWAs Waterfowl hunting boat reservations have been removed from these SWAs. Jackson SWA - Regulations regarding hunting waterfowl from vessels on Jackson Lake during the regular duck season were introduced through the Blue Ribbon Panel (BRP) study on waterfowl hunting pressure in the South Platte River corridor. Hunters were required to obtain a reservation through the CPW hunting reservation system to hunt from vessels. Those regulations allowed waterfowl hunting from vessels until the opening of the regular dark goose season in November. Under current central flyway season structures, this amounted to less than 20 hunt days before the start of the dark goose season. This conflicted with parks regulations, which close the reservoir to boating the first weekend in November. Prior to the adoption of BRP regulations by the former Wildlife Commission, Parks Board Regulations had already allowed for hunting from vessels on the reservoir up to the November 1 boat closure. There has been very little use of this access both during and prior to BRP regulations. In addition, field staff has received inquiries from members of the fishing public asking why hunters are allowed on the water during the month of November yet fishing access remains closed. These regulations simplify regulations on Jackson SWA while still allowing for boat hunting, and they remove a user inequity between waterfowl hunters and anglers. 1 Jumbo SWA - Duck hunting has been allowed at Jumbo SWA from vessels, although very few hunters have taken advantage of the opportunity. With aquatic nuisance species concerns (Jumbo is positive for quagga mussel) boaters must be inspected before and after boating on the reservoir. Due to the lack of interest in this activity, and added administrative expense to inspect boats, these regulations eliminate the boat hunting reservation program. The use of hand launch vessels for setting and retrieving decoys or retrieving downed game remains legal. Mitani-Tokuyasu SWA The Mitani-Tokuyasu SWA is a CPW-leased property on the South Platte River east of Greeley. The property is heavily used by duck hunters. There are four designated parking spots on the property. Regulations restrict access to occupants of those parking spots, and such access is prohibited prior to 4:00 a.m. Previous regulations operated under a first-come, first-served system. Under that system hunters arrived on the property as early as 10:00 p.m. the night before a hunt in order to insure a parking spot, which created conflicts with the landowner of the property as well as legal hunters who arrived at 4:00 a.m. to find the lot full. Law enforcement efforts to patrol the property during the night and evict violators have not solved the issue. These regulations implement a reservation system intended to remove incentive for hunters to arrive early and spend the night on the SWA. Pueblo Reservoir SWA Jumping, diving, or swinging off of rock cliffs, ledges, or man-made structures has been a popular but dangerous activity conducted around Pueblo Reservoir. Many times alcohol consumption both illegal (under 21 years of age) and legal along with drug use are associated with these activities which further adds to the inherent risk. Littering, graffiti of the rock face bluffs, and social trail development which damages the native vegetation also occurs. These activities present an ongoing public safety issue and property management concern for both Park and SWA managers, and serious injuries as a result of this practice have occurred on the reservoir. These regulations help preserve public safety and mitigate the potential liability associated with injuries to visitors by establishing a regulation that prohibits jumping, diving or swinging off of rock cliffs, ledges, or man-made structures on Pueblo Reservoir State Wildlife Area. A duplicate regulation on the Lake Pueblo State Park portion of the reservoir has been concurrently established in Chapter P-01. Shriver-Wright SWA The Shriver-Wright SWA, formerly the Veteran’s Home parcel of Rio Grande SWA, was recently renamed and dedicated in the name of two San Luis Valley residents who died tragically in a snow removal accident and who both had strong interests in water, wildlife, hunting and fishing. Historically, there has been an incorrect perception that hunting was prohibited on this parcel. Neighbors to the property have expressed safety concerns about the property being open to hunting. While there are several SWAs that are near developed urban areas which safely allow hunting, these regulations implement method of hunting restrictions intended to balance the opportunity for hunting on the SWA with the safety concerns of neighbors. La Jara STL The La Jara State Trust Land has been enrolled in the STL Access program since sometime before 2002. In 2002, this property was administratively closed to motor vehicle access for hunting purposes during the hunting seasons by common agreement of State Land Board managers, CPW (then DOW) managers, Colorado State Forest Service managers, and private landowners in the area that were affected. Public meetings were held at the time in local communities to provide information and gather public opinion. The closure was an effort to provide a quality hunting opportunity as well as a refuge area in this otherwise heavily pressured part of the unit for elk in seasonal transition areas between summer and winter ranges. The closure area was gated and signed, and has been enforced for nearly 10 years. However, the closure was never entered into regulation by any of the agencies involved. Enforcement was handled through the regulation that pertains to the signing of closed areas by the Division. These regulations codify and add enforceability to that closure. 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 and 33-1-107, C.R.S. 2 EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE MAY 1, 2013 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 7th DAY OF MARCH, 2013. APPROVED: John W. Singletary Chairman ATTEST: Mark Smith Secretary 3