FILING - 01/29/2010 Basis and Purpose Chapter 2 - Big Game Basis and Purpose: These regulations amend Chapter 2 – Big Game – of the Wildlife Commission Regulations. These regulations are designed to manage statewide big game herds at the herd objective levels and provide a diversity of hunting recreation opportunities for resident and nonresident hunters throughout Colorado; to minimize or control local game damage situations, and to provide opportunity for landowners to cooperatively manage wildlife with the Division. The attached Wildlife Commission regulations are the result of extensive public involvement and application of biological information on deer, elk, pronghorn, bear and moose. All regulation changes are based on the best available biological information and are designed to manage big game herds towards stated objectives and to ensure long-term viability. In addition to annual changes, these regulations specifically address the following: General Establishment of final regulations implementing alternatives for the 2010-2014 Big Game Season Structure, as previously adopted by the Wildlife Commission These regulations establish season dates and season structure regulations for the 2010-2014 Big Game Season Structure, as previously adopted by the Wildlife Commission. Extension of the Landowner Pilot Program through 2010 The Landowner Pilot Program, initially scheduled to expire in 2009, has been extended through the 2010 season for further evaluation. Clarification that preference points will be swept for reissued licenses These regulations clarify that any person accepting a first-choice license that has been returned for a refund and re-issued will forfeit all preference points for that species. Reissued licenses are high-demand licenses, which successful applicants apply for as first-choice licenses. It is the current practice and intent of the Division and the current regulations that preference points be swept upon accepting one of these desirable licenses, whether it be through the draw or as a reissued license. These regulations simply clarify that intent. Bighorn Sheep and S53 (San Juan Mountain units) A pattern of rapid bighorn sheep population growth, followed by a population crash, followed by decades of poor population performance has been observed in many herds throughout Colorado and the West, including the Big Thompson herd. The current best-management-practice for avoiding this cycle is to maintain bighorn populations at a moderate level. Many studies on various species have shown that animal populations are most productive and individual animals are healthiest at approximately half the maximum number of animals that the habitat can sustain. In order to prevent these sheep herds from growing too densely populated, these regulations initiate limited hunter ewe harvest. Establishment of Bighorn sheep ram licenses in S39 (Mt. Silverheels) The Mt. Silverheels bighorn sheep herd is the result of a transplant from Trickle Mountain in 1988. The Mt. Silverheels herd has persisted and increased slowly to the current population estimate of 25-35 animals. In addition, ram bands ranging from 12-15+ have been observed by Division personnel and the public within the Mt. Silverheels area. Based on the number and age of legal rams, these regulations open the unit to limited ram hunting. 1 Mountain Goat Establishment of female-only mountain goat licenses Some introduced populations of mountain goats have increased rapidly approximating the irruptive patterns typical of other ungulates introduced into new habitats. One such population in Colorado is within Data Analysis Unit (DAU) G7 where annual helicopter surveys indicate the mountain goat population increased by more than 250% between 1992 and 1999. These rapid increases in DAU G7 and elsewhere have caused concerns among managers about mountain goat populations exceeding carrying capacity and the overuse of habitat, as well as concerns for increased competition with bighorn sheep. While either sex licenses have been successfully employed to reduce mountain goat populations in DAU G7, effective reductions have been delayed and accompanied by undesirable reductions in male age structure and horn size as seen in unit G16. As a result some hunters have expressed dissatisfaction with the number and size of male mountain goats in G7 in past years and more recently in G16. Allowing issuance of limited experimental female-only mountain goat licenses in specific circumstance is intended to increase the efficacy of population reductions while maintaining a desirable age structures among male and female segments. Bear Establishment of over-the-counter with caps muzzleloader and archery bear licenses on the Bosque del Oso State Wildlife Area Historically bear hunting on the Bosque del Oso SWA has been managed by two September rifle seasons with license numbers established as bear populations dictate. In addition, over-the-counter with cap opportunities exist for the 1st, 2nd and 3rd rifle seasons. Archers and muzzleloaders have expressed interest in participating in an over-the-counter with cap opportunity. These regulations extend the overthe-counter with cap opportunity to archers and muzzleloaders on the Bosque del Oso SWA. Deer Establishment of an antlerless muzzleloader deer season in D34 (GMUs 69, 84, 86, 691 and 861) The current modeled population estimate for D-34 (GMU’s 69, 84, 86, 691 and 861, is at, or slightly below objective. For the last several years private-land-only rifle antlerless seasons have existed with the intent of decreasing game damage situations and either-sex licenses for archery. These regulations extend the opportunity to harvest antlerless animals to muzzleloaders. Establishment of antlerless hunting in D16 (GMUs 49, 57, 58 and 581) Private land winter range habitats throughout D-16 have experienced an increasing trend in deer-related game damage issues. Correspondingly, the D-16 population has increased steadily in recent years and is currently within its population objective of 16-20,000 deer. It is projected that the D-16 herd will climb above population objective within the next few years if its current population trend continues. These regulations institute hunt codes allowing for GMU-wide and private-land-only antlerless harvest of deer during the archery, muzzleloader, second, and third rifle seasons in DAU D-16. Establishment of a 4th deer season (antlered and antlerless) in GMU 501 The deer population in DAU D-38, which includes GMU 501, is currently over objective and increasing following the Hayman burn which has appeared to produce favorable habitat conditions for deer. This is especially true for GMU 501 which contains the largest portion of the burn within the DAU. With no change in license numbers, current population modeling shows a continuous increase in population numbers and sex ratio. Short term management goals for DAU D-38 include reducing the current population growth by increasing doe licenses and also reducing the sex ratio by increasing buck licenses. It has been difficult to allocate more doe or buck licenses due to concerns regarding hunter crowding issues and conflicts with recreational OHV users. These regulations add a 4 th rifle season allowing for a limited buck and doe harvest in GMU 501. This will help distribute hunters temporally and allow an increase in harvest necessary to stabilize the population and bring the sex ratio back down to objective. 2 Establishment of White-tailed deer only seasons in the Arkansas River drainage between Pueblo and Cañon City (GMUs 59, 69, 84 and 581) In general, most habitat within these GMUs is considered mule deer habitat and the population model and data collection is focused on mule deer. There has been a gradual increase of white-tailed deer in these GMUs with no directed pressure through a species-specific hunting season The occurrence of white-tails along the Arkansas River between Florence and Canon City have generated an increased number of phone calls whereby white-tails are being implicated in game damage. These regulations establish whitetailed deer only hunting opportunities in GMUs 59, 69, 84 and 581, which is intended to increase opportunity to harvest white-tailed deer while not negatively impacting the mule deer population. Establishment of White-tailed deer only seasons in D45 (GMUs 128, 129, 133, 134, 135, 136, 141, 142 and 147), D48 (GMUs 110, 111, 118, 119, 123 and 124) and D49 (GMUs 104, 105 and 106) The southeast region has recently instituted white-tail only (WTO) seasons in a number of DAUs. These seasons have provided hunters with an increased opportunity to utilize the white-tailed deer resource, while allowing targeted harvest of white-tailed deer in areas with both deer species. Both DAU D45 and D49 have exhibited an increase in white-tailed deer. These regulations implement white-tailed deer-only licenses intended to increase opportunity to harvest white-tailed deer while not negatively impacting the mule deer population. Shortening of the private land only antlered deer season in GMU 20 Deer densities and buck to doe ratios have been higher than desired on private lands in GMU 20 for the past decade. In order to bring deer densities down towards objective without overharvesting deer on public land, a private land only (PLO) antlerless season was initiated in 2001. Likewise, in order to reduce the buck to doe ratios, a PLO antlered season was initiated in 2005. This season has been successful in reducing the buck to doe ratio on private lands to within the objective range (10 to 35 bucks per 100 does). The removal of bucks from private lands will continue to be necessary to maintain this ratio within the objective range. However, fewer bucks will need to be removed annually from private lands in the coming years than were required over the last few years. As a result, these regulations reduce the season length for the PLO antlered season in GMU 20 and make these licenses “List A” to more equitably distribute antlered hunting opportunity between public and private land hunters. Establishment of an early private land only antlerless deer season in GMU 73 to alleviate game damage Previously an early season was established in GMU 72 to inhibit resident deer from causing damage to costly crops during the fall, while minimally impacting deer migrating into the area. Similar damage issues exist in GMU 73. These regulations extend the opportunity to harvest and distribute resident deer in GMU 73 to help alleviate game damage concerns. Elk Moving rifle antlerless elk licenses in GMU 38 from “List B” to “List A” Previously, antlerless elk licenses in GMU 38 in seasons EF038O1R, EF038O2R, EF038O3R, EF038O4R, and EF038L1R were classified as “List B.” These licenses were added to List B when the DAU was over objective and over twice as many licenses were offered as are offered now. The DAU is now at objective and license numbers have been reduced. The additional harvest opportunity is no longer needed or warranted, and these licenses have been reclassified as “List A” licenses. Modification or elimination of late antlerless elk licenses in E4 (GMUs 7, 8, 9, 19 and 191) Late cow elk rifle seasons in E4 were originally initiated 10 years ago to address a game damage issue in eastern GMU 19. Due to being over the 1997 objective of 3,300 elk in subsequent years an additional late season was added in 19, the restriction of hunting east of the Pingree Park Rd was lifted, and complementary late seasons were added in 7, 8 and 191. In 2007, the 2009 E4 DAU plan calls for a small increase in objective to put the herd in the 3,600-4,200 range. Since late seasons are used primarily as a tool to increase antlerless harvest, late seasons in E4 are no longer necessary or warranted. In addition, antlerless licenses in E4 have been reclassified as “List A” licenses. 3 Creation of an early antlered elk season in GMU 76 GMU 76 is a high elevation unit consisting of an abundance of summer range. A large number of elk are found at and above timberline during the summer and early fall. Although there are elk that winter in the unit a high percentage of elk found throughout the summer migrate out and winter in adjacent GMUs (which include 79, 78, 77, 751, 66, and 67). These elk generally move out by mid October, or the second rifle season. Therefore, an early antlered elk season has been established to allow for a better chance of success in GMU 76 and offer a quality hunting experience for rifle hunters. Reversion of 1st and 4th season elk licenses in E14 (GMUs 41, 42, 52, 411, 421 and 521) to antlered only Either-sex elk licenses were created to increase antlerless harvest at a time when elk populations were extremely high and new avenues were being created to bring these populations to objective. These licenses have been very effective at increasing antlerless harvest. After several years of high harvests, the population size of E-14 is within the population size objective range. As a result, either-sex elk licenses are no longer needed or warranted in the 1st and 4th seasons. Addition of GMU 140 to antlerless elk hunt code for GMU 85 Historically, GMU 140 has been managed with GMUs 85 and 851 because of the cultural ties to the western units and an elk population that moves readily across Interstate 25 in both directions. As the elk population within the area and in New Mexico has increased, the need to harvest additional antlerless animals exists. As a result, GMU 140 has been added to the following huntcodes; EF085O2R, EF085O3R, EF085O4R and EF085L1R to increase the opportunity to harvest antlerless elk within the DAU and to slow the population growth rate. Inclusion of GMU 128 in the unlimited plains elk hunt code The either-sex plains elk licenses were established as a tool for population control and game damage mitigation/prevention for elk herds east of Interstate 25. It is believed that elk numbers in unit 128 have been slowly increasing, but have not caused a tremendous amount of game damage. Most of the property in GMU 128 is private with the exception of some leased State Trust Land Parcels and the approximately 6,000 acre Cuchara Canyon BLM parcel. Complaints or concerns from landowners in the northern portions of GMU 128 are becoming more frequent. Rifle licenses in GMU 128 are limited and archery and muzzleloader licenses are issued over the counter. GMUs north and east of GMU 128 are included in the eastern plains elk season (List C Either-sex licenses that are valid from September 1st through January 31st). Elk populations in this unit are transient in nature and the addition of the unit in the eastern plains elk season would allow landowners a method to harvest elk when they are found on their property and when they are causing damage. Modification of antlerless elk seasons in GMU 9 Previously, GMU 9 had four antlerless rifle huntcodes; 3 regular rifle seasons (2nd, 3rd, 4th) and a 5-month long PLO season. While the regular rifle seasons forced a hunter to select a specified season from five to nine days, the five-month long PLO season offered much greater flexibility. Consequently, the PLO season in GMU 9 is preferred by hunters over any of the shorter regular rifle seasons as it offers a much longer opportunity to hunt and there has been no public land hunting opportunity within the unit. Until recently, GMU 9 has been exclusively private land; however, there are now two large properties that are owned and managed by local governmental agencies as open space. These open space properties will be available to hunters on a permit-based system. These regulations are intended to continue to allow PLO harvest while adding greater flexibility in antlerless season dates, making it easier to accommodate permit-based hunting on open space properties. Establishment of an early private land only antlerless elk season in GMU 63 west of Highway 92 Game damage issues continue to be of concern in the western portion of GMU 63 as a result of increasing numbers of elk making early season movements to private lands and/or resident elk living year round on private lands west of Highway 92. Elk calving in these areas has increased over the last 10 years resulting in larger portions of the herd staying on lower private lands west of the highway and not migrating to higher elevation public lands east of the highway. These regulations are intended to allow hunters to more effectively harvest and distribute elk west of Highway 92. 4 Establishment of antlerless private land only elk seasons (9/1 - 1/31) in a portion of E23 (GMUs 59 and 591) These regulations eliminate potentially unnecessary hunt codes and consolidate opportunities into fewer hunt codes, and are consistent with the hunt code structure in neighboring GMUs 57 and 58. In addition, they are intended to increase hunting pressure on private lands over a greater time period, potentially having positive effects on elk distribution back onto public lands. Establishment of antlerless private land only elk seasons in E28 (GMUs 69 and 84) Recently, game damage complaints have arisen in E-28 (GMUs 69 and 84). Similar complaints in E-27 (DAU adjoining E-28 to the west), led to the creation of a September 1-January 31st PLO season. It is believed that this long season in E-27 has added to some of the game damage issues in E-28 by elk moving out of E-27 into E-28. A longer season in E-28 is intended to allow landowners to harvest elk while they are on their property causing damage. Establishment of an early antlerless elk season in GMU 73 and adjustment of the dates for the early antlerless elk season in GMU 74 to alleviate game damage CDOW staff is proposing a new early elk damage season in GMU 73 to reduce the resident, nonmigratory elk numbers, or elk that migrate early in response to early season hunting pressure, on and around private agricultural lands. These small resident herds reside completely on private land with many 40-acre parcels that are no longer capable of supporting elk without continuous conflicts. These regulations are intended to allow hunters to harvest and redistribute resident elk herd while minimally affecting elk that migrate into the area. Pronghorn Limiting of archery pronghorn hunting in A3 (GMUs 6, 16, 17, 161 and 171) DAU A3 was previously open to unlimited over-the-counter archery pronghorn hunting. In the past, few archers pursued pronghorn in North Park and the harvest was not significant for management purposes. However from 2001 - 2008 the number of archery hunters in A-3 has more than tripled and buck pronghorn harvest has increased by five times. North Park is being managed for trophy buck pronghorn hunting, and for 2009 took resident rifle hunters a minimum of 7-9 preference points to draw a buck license and non-residents 10 points, with RFW taking a minimum 14 points for buck tags. These regulations are intended to make pronghorn hunting in A3 more equitable among all methods of take and address hunter crowding issues during archery season. Including GMU 501 in the rifle pronghorn hunt code for GMU 50 Previously, there were two rifle hunts codes for bucks and does in DAU PH-30. One buck and one doe hunt code are valid for GMUs 57, 58, and 581 and another buck and doe hunt code valid for GMU 50 only, all during October 3-9. The South Park pronghorn pronghorn herd utilizes the southern and western portions of GMU 501 that are contiguous with GMU 50 as well. GMU 501 can be hunted by archers on unlimited statewide licenses and by muzzleloaders on licenses limited to the DAU. These regulations allow the limited number of rifle hunters in GMU 50 to also hunt in GMU 501. Modification of all pronghorn licenses in A6 (GMUs 112, 113, 114 and 115) to allow hunting in the entire DAU The four GMUs in A6 are comparatively small in size. Previously, rifle licenses were specific to individual GMUs, and hunters who drew rifle tags in A6 had a very limited geographical area in which they could hunt. A6 is well over the population objective. Given the relatively small size of the four GMUs in the DAU combined with the need to reduce the population, rifle pronghorn licenses have been made valid for every GMU in the DAU. This action is intended to increase opportunity for hunters, help reduce the population, and reduce the number of hunt codes which will simplify regulations. Establishment of limited rifle pronghorn hunting in GMU 131 Over the last ten years, the A9 (GMU’s 3, 4, 5, 13, 14, 301, 214, and 441) pronghorn herd has continued to expand eastward, with animals migrating into GMU 13 and GMU 131. In years past, pronghorn 5 numbers were low enough in GMU 131 that it did not warrant including it in the A9 DAU plan or having rifle tags available (statewide OTC archery pronghorn licenses are currently valid in GMU 131). These regulations are intended to address game damage concerns and requests from the public to allow limited rifle hunting in GMU 131. Establishment of a private land only pronghorn season for GMU 23 In recent years there has been an increasing number of pronghorn in GMU 23. Although GMU 23 has always been included in DAU-34 it does not have much traditional pronghorn habitat. A localized herd of about 60 – 70 animals has established itself in the Little Beaver drainage east of Meeker. The area occupied by these animals is exclusively private land. Creating a private-land-only hunt code for GMU 23 is intended to allow for a additional hunting opportunity as well as help to manage the growing number of pronghorn in the Little Beaver area and other applicable areas. Establishment of a private land only doe pronghorn season in 82 and a portion of 681 Pronghorn are found on alfalfa fields in the proposed area, particularly in GMU 82. This has presented game damage issues along with a demand from affected landowners to address the issue. A privateland-only pronghorn season has been established on the San Luis Valley floor to address pronghorn on private agriculture fields and alleviate potential game damage, harvest does to maintain the current population size, distribute pronghorn from private land to public land, and decrease conflicts between doe hunters and buck hunters during the rifle season. Closure of pronghorn hunting in A21 (GMUs 10 and 21) DAU A-21 is comprised of GMUs 10 and 21. In recent years the numbers of pronghorn in DAU A-21 have been steadily declining. The primary factor contributing to the decline in pronghorn numbers has been drought. In addition to low population levels, the minimal number of licenses issued in this unit, coupled with the number of preference points it requires to draw this license (11 points), creates an expectation with hunters that draw this license that it is a unit that is managed for quality buck pronghorn. These regulations intend to withdraw the season and the expectation of a quality pronghorn buck hunt until the population recovers to an acceptable level. Moose Inclusion of GMU 67 in the moose season for GMU 66 Moose pioneered into Game Management Unit 67 following transplants that occurred in the early 1990s in the upper Rio Grande watershed, and over time a resident population of moose has become established in the unit. Moose hunting was initiated in GMUs 76 & 66 in 1999, and expanded into GMUs 77 and 751 in 2003. Game Management Unit 66 is adjacent to GMU 67 and has offered limited moose hunting for 10 years. Prior to 2008, two bull licenses were available in GMU 66. Successful applicants have indicated that they were seeing fewer bulls overall, and fewer mature bulls during their hunts with varying success rates. In order to improve hunt quality in the unit, area staff reduced the number of bull licenses to 1 in 2008. Based on observations made over the last five years, it is clear that a number of mature bull moose are present in GMU 67. Although there are a number of resident moose, it is unknown how many total moose reside in the unit and how sustainable a separate hunt code would be. GMUs 66 & 67 are managed as one DAU for mule deer and elk, and it is probable that regular interchange is occurring with moose between the two units also. These regulations allow a license holder for GMU 66 to also hunt moose in GMU 67, and are intended to maximize hunter satisfaction and success rates, distribute harvest of bull moose across the two GMUs, and provide the Division with additional moose observations throughout GMU 67. 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. 6 EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE MARCH 2, 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 JANUARY, 2010. APPROVED: Brad Coors Chairman ATTEST: Dennis G. Buechler Secretary 7