FILING - 1/31/2012
Basis and Purpose
Chapter 0 – General Provisions
Basis and Purpose:
These regulations modify Chapter 0 - General Provisions. They include various non-substantive clean-up
items as well as the following substantive changes:
Accomodations for Persons with Disabilities
CPW is federally required to comply with the requirements of the Americans with Disabilities Act (ADA). In
July 2010 the U.S. Justice Department revised its regulation implementing Titles II and III of the ADA. The
revised rule became effective on March 15, 2011. It therefore became necessary to modify the previous
language in Regulation No. 005 (Reasonable Accommodations) (C) (1) and (2) and (E) in order to comply
with the newly revised rules of the ADA. Under the new ADA law, when an applicant is solely requesting
the use of a power-driven mobility device (ATV/OHV) on CPW-owned or leased properties, CPW can no
longer require a statement from a medical provider, require a narrative description of how the
accommodation requested is reasonably required to allow the applicant to participate in the wildlife
program or access the wildlife property in question, nor can CPW state that the temporary or permanent
nature of the applicant’s disability may be considered in establishing the time period for which the permit
will be valid. In addition, the CPW can no longer require a highly descriptive medical diagnosis from
applicants in general (only a medical explanation as to whether or not the disability is a significant
impairment that limits one or more daily life functions and how those functions are affected), nor can the
CPW inquire as to whether and when the applicant’s condition may be expected to change, only if the
disability is permanent or temporary. Necessary changes have been made to these regulations to ensure
compliance with the ADA. In addition, previous to these changes, no definition of a service animal was
included in Regulation No. 005. Historically DOW had encountered difficulties with the previous version of
the ADA because it was inclusive of other animals in addition to dogs, thereby rendering it subject to broad
interpretation and requiring case-by-case determinations for species such as squirrels, monkeys and
chipmunks. The revised ADA law reflects the U.S. Justice Department’s intention to deter fraudulent or
mistaken use of other animals not qualified as service animals under the ADA. The revised ADA law
limits the definition of service animals to dogs with a miniature horse exception. Therefore, this definition
has been added to the regulations.
Raptor Importation for Immently-Necessary Medical Treatment
Persons desiring to import raptors into Colorado for any reason are subject to the provisions of 33-6-114,
which require that person to obtain an importation permit and a current and valid health certificate. In
addition, Commission Regulation #007.G requires that a person complete a Raptor Importation Form at
least seven days prior to importation of a raptor. Colorado is home to a number of licensed rehabilitators,
some of whom are periodically contacted by agencies, organizations and individuals from neighboring
states who are seeking care for an injured raptor. Because of the expediency of the situation, it is usually
difficult, if not impossible to wait seven days before providing medical treatment to an injured raptor or
abandoned dependent young raptors. While rehabilitators have expressed a desire to import injured or
abandoned raptors specifically for treatment with no paperwork required beforehand, the statutory
provisions of 33-6-114 requiring an importation permit and a veterinary health certificate are set by the
legislature, and the Commission does not have the authority to waive those requirements. However, the
Commission has facilitated this process to the degree possible with this action by waiving the seven-day
requirement for completion of a raptor importation form in the case of raptors in need of life-saving
treatment.
Ensuring Potential for Hybridization is Considered Prior to Allowing Private Possession of Wildlife
The Legislative Declaration of the Wildlife Act sets forth the importance of protecting Colorado’s native
wildlife. As such, protection of Colorado’s native wildlife is one of the primary directives of the Parks and
Wildlife Commission. There are currently two regulations that address potential impacts to native wildlife
that must be considered prior to allowing private possession of wildlife: #1102.A.4 and #008.B. The first
(#1102.A.4) addresses possession of wildlife under the authority of a CPW license, and lists the criteria
that must be considered in determining whether the requested wildlife is detrimental to native wildlife prior
to approval of a license. The second (WCR #008.B) addresses possession of prohibited species under
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the authority of written authorization from the Division. That regulation currently requires consideration for
potential for impacts to native wildlife for all the criteria listed above by referencing WCR #1102.A.4. In
addition to those factors, WCR #008.B also imposes the additional criterion of consideration of potential
hybridization with native wildlife. As both of these regulations are intended to address all potential impacts
to native wildlife in order to determine the potential impacts to native wildlife posed by private possession
of a species, these regulations ensure both stipulations address potential hybridization with native wildlife
in order to most fully fulfill the directive of the Legislative Declaration of the Wildlife Act.
Prohibited Aquatic Species
Certain species of animals, plants and pathogens are universally recognized as highly invasive outside of
their native range. Chapter 0 General Provisions, #012 – Possession of Aquatic Wildlife, C. lists the
species, their hybrids or viable gametes that are prohibited to possess. This list is periodically reviewed
and if there are new species that are recognized as potentially injurious to aquatic wildlife, habitat or
people of Colorado through direct threat or economic impact, then they are proposed for inclusion on the
prohibited species list. As a result several species have been added to the prohibited list, and the list has
been rearranged for easier navigation.
New Mountain Goat Units
These regulations create two new mountain goat units for management purposes: Tenmile (G-10) and
Holy Cross (G-18). Mountain goat populations have expanded their range to include the Tenmile Range,
and now constitute a population that can sustain recreational harvest. In addition, staff has raised
concerns that mountain goats from the Tenmile Range are moving into the Mosquito Range with possible
impacts to bighorn sheep in S-12 (Buffalo Peaks) and S-39 (Mount Silverheels). As a result G-10 has
been created to help manage this population.
The mountain goat population has increased in the Holy Cross Wilderness Area within GMU 44 and 45.
As future plans exist to explore the possibility of recreational hunting of mountain goats in this area, these
regulations create G-18.
Stocking-Restricted Cutthroat Trout Waters
Chapter 0, Appendix C delineates cutthroat trout waters where stocking restrictions apply. No stocking
may occur in these areas without prior approval by the CPW. These waters are areas where conservation
populations of native cutthroat trout occur and the stocking restrictions are in place to protect these fish
from the risk of hybridization and/or direct competition from other fish species. The list is periodically
reviewed by the aquatic biologists and GIS staff to determine if any significant additions, deletions or
changes need to occur. These regulations make adjustments to those boundaries, which are largely
clarifying in nature.
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 MARCH 2, 2012 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
12TH DAY OF JANUARY, 2012.
APPROVED:
Tim Glenn
Chairman
ATTEST:
Mark Smith
Secretary
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