FILING - 08/27/2008
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.

These changes amend Wildlife Commission regulations for 2008-2009 migratory bird seasons.  The Commission finalized its 2008-2009 migratory bird regulations at its July meeting.  Those regulations were set based on anticipated federal regulations, some of which were finalized on July 31, subsequent to the Wildlife Commission’s July meeting.  The August workshop provides an opportunity to amend the Commission’s final adoption of waterfowl regulations for the upcoming seasons to make any changes necessary to comply with requirements imposed by (or take advantage of additional opportunity provided by) the U.S. Fish and Wildlife Service pursuant to the Migratory Bird Treaty Act and other controlling federal laws.

As a result, all waterfowl regulations approved by the Wildlife Commission in August are intended solely to bring its 2008-2009 waterfowl hunting regulations in line with federal law, and in the case of light geese in the Pacific Flyway portion of Colorado, take advantage of additional opportunity provided by federal law.

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DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE OCTOBER 1, 2008 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.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 7th DAY OF AUGUST, 2008.
APPROVED:
Robert W. Bray
Chairman

ATTEST:
Timothy R. Glenn
Secretary