FILING - 07/10/2008
Basis and Purpose
Chapter 5 – Migratory Birds

Basis and Purpose:

These proposed regulations are the result of an extensive review of the entire chapter relating to migratory birds.  The established seasons are necessary to properly manage migratory bird populations in Colorado in accordance with federal laws regulating migratory birds.  These regulations allow migratory birds to be harvested in a manner which helps maintain the biological integrity of the migratory bird population while at the same time providing recreational opportunity for hunters and wildlife viewers.  The regulations are consistent with Federal guidelines provided by the U.S. Fish and Wildlife Service and the Migratory Bird Treaty Act.  Besides updating the regulations to reflect the upcoming 2008-2009 migratory bird seasons and general clean-up, other substantive changes were made to Chapter 5 as follows:

Empire Reservoir
Current waterfowl closures are analyzed every few years to determine their effectiveness for holding waterfowl combined with their ability to assist managers in obtaining needed harvest.  The current Empire Reservoir closure was developed under different objectives, namely, affording Canada geese protected roosting and feeding sites.  In 2000, Northeast Terrestrial biologists and Avian Research agreed that closures should be modified to provide a secure roosting site, but not secure feeding sites, which should increase harvest on goose populations that are currently over objective.  The Empire Reservoir goose closure included agricultural fields on the east and southeast side of the Reservoir, where some geese feed.  The owners of these fields expressed interest in removing the fields from the closure to increase goose hunting opportunity.  Conversely, nearby landowners and the hunters that use those areas were concerned that removing the agricultural fields and other upland areas currently in the closed area will reduce the use of Empire Reservoir and surrounding lands by geese.  Goose numbers are highly variable within and among years, but numbers of Canada geese counted on Empire, Jackson, and Riverside reservoirs during the annual midwinter waterfowl survey have averaged about 3,000 during 1990-2004.  In 2003, Division personnel proposed increased monitoring of goose use of the Empire Reservoir and surrounding lands throughout the goose season for several years before reducing the closure boundary to the high water mark of Empire Reservoir.  Goose use of the area is intended to continue to be monitored for several years after the closure change to determine whether any further changes in the closure boundaries should be made.  Goose numbers in the Empire-Riverside-Jackson area have been monitored during the 2003-2004, 2004-2005, 2005-2006, and 2006-2007 seasons.  A “Blue Ribbon Panel,” formed expressly to evaluate waterfowl hunting along the South Platte River corridor and make recommendations, recommended reducing the goose hunting closure consistent with biological recommendations.  As a result, the goose hunting closure on Empire Reservoir has been reduced to the high water line beginning with the 2008-2009 season.

Vancil Reservoir
For approximately ten years there has been a closure to all waterfowl hunting at Vancil Reservoir.  This closure was first requested by the owners of the reservoir (Riverside Irrigation Company).  Since that time the reservoir has become an attractive refuge area for many ducks and geese in the northern area of Morgan County.  Recently a hunting club has approached the Riverside company about leasing the reservoir for hunting.  As a result, the Division was asked to consider modifying the closure to a “closed as posted” system in order to maintain some degree of refuge area but allow for hunting on select areas of the reservoir.  A “Blue Ribbon Panel,” formed expressly to evaluate waterfowl hunting along the South Platte River corridor and make recommendations, reviewed and concurred with this recommendation.  As a result, these regulations close Vancil Reservoir to waterfowl hunting only as posted on the site.

Light Geese in the Pacific Flyway
Light geese populations in the Arctic have rapidly increased recently, resulting in extensive habitat degradation in breeding and wintering range.  Monitoring of light geese in the Pacific Flyway indicates that populations there are expanding as well.  Indices suggest that snow goose abundance in the Pacific Flyway has doubled in the past 10 years.  The Pacific Flyway Study Committee feels that increasing the bag limit from 4 to 6 geese will not harm the population and may dampen deleterious effects caused by overabundance of snow goose.  As a result, these regulations have been amended to allow a daily bag/possession limit of 6/12 light geese.  Light goose harvest in the Pacific Flyway portion of Colorado is minimal, but as populations increase there may be more opportunities to harvest light geese. 
  
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 SEPTEMBER 1, 2008 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 10th   DAY OF JULY, 2008.
APPROVED:
Robert W. Bray
Chairman

ATTEST:
Timothy R. Glenn
Secretary