AS APPROVED - 08/23/2007
Basis and Purpose
Chapter 5 – Migratory Birds

Basis and Purpose:

In early August of 2007 the Fish and Wildlife Service Regulations Committee liberalized regulations for take of dark geese in the Central Flyway portion of Colorado subsequent to the setting of the 2007-2008 season by the Colorado Wildlife Commission.  Pursuant to this action, federal frameworks now allow for a maximum of 107 days of hunting (increased from 95 days)  for dark geese in the Central Flyway portion of Colorado and a maximum daily bag limit of four dark geese (increased from three dark geese).  The Central Flyway portion of Colorado includes much of Colorado’s human population as well as a growing dark goose population.  Historically, hunting has been the primary means of population control of dark geese.  Among concerns of an overpopulated dark goose population in close proximity to a large portion of Colorado’s human population are potential disease transmission from geese and goose droppings to humans, general nuisance situations and over-utilization of available habitat associated with overpopulation.  In response to these concerns, and to secure the maximum amount of wildlife-related recreational opportunity allowed for under the Migratory Bird Treaty Act, emergency regulations have been passed pursuant to 24-4-103(6) C.R.S. to allow for more liberalized take of dark geese in the Central Flyway portion of Colorado under the expanded opportunity provided by the U.S. Fish and Wildlife Service Regulations Committee’s recent decision.  These final regulations permanently implement those emergency regulations.

In early August of 2007 the Fish and Wildlife Service Regulations Committee liberalized regulations for take of canvasback in the Pacific Flyway portion of Colorado.  Pursuant to this action, federal regulations now allow for a bag limit of two canvasback rather than the previous limit of one.  Canvasbacks are a minor component in the Pacific Flyway portion of Colorado duck harvest, but they are a trophy duck sought after by duck hunters.  To secure the maximum amount of wildlife-related recreational opportunity allowed for under the Migratory Bird Treaty Act, emergency regulations have been passed pursuant to 24-4-103(6) C.R.S. to allow for a bag limit of two canvasbacks in the Pacific Flyway portion of Colorado under the expanded opportunity provided by the U.S. Fish and Wildlife Service Regulations Committee’s recent decision.  These final regulations permanently implement those emergency regulations.

In addition, concern has been expressed that permitting public access on Walk-In Access properties only one hour before sunrise does not give a waterfowl hunter adequate time to set up decoys and prepare to hunt prior to the opening time of ½ hour before sunrise, potentially creating a dangerous situation for hunters as they attempt to hastily navigate difficult aquatic terrain in the dark while carrying firearms.  In response to this concern, emergency regulations have been passed pursuant to 24-4-103(6) C.R.S. to allow waterfowl hunters access to applicable Walk-In Access properties two hours before sunrise to allow for such set-up and extended until two hours after sunset to give evening waterfowl hunters adequate time to retrieve and remove decoys and other hunting aids in a safe manner.  Extending the hours of access will also allow hunters to take advantage of the twilight hours, which are generally considered to be the most productive for waterfowl hunting.  These final regulations permanently implement those emergency regulations.

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 NOVEMBER 1, 2007 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL THEY ARE REPEALED, AMENDED, OR SUPERSEDED.

APPROVED AND ADOPTED BY THE WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 23rd  DAY OF AUGUST, 2007.
Approved:
Thomas M. Burke
	Chairman
Attest:
Robert W. Bray
Secretary