AS APPROVED - 07/10/2008

FINAL REGULATIONS - CHAPTER 5 - MIGRATORY BIRDS

ARTICLE I – GENERAL PROVISIONS

#500 – DEFINITIONS:

A.	 “Migratory birds” means those migratory birds included in the terms and conventions between the United States and any foreign country for the protection of migratory birds.

B.	"Migratory game birds" means sora, Virginia rail, sandhill crane, Wilson’s snipe, mourning dove, white-winged dove, band-tailed pigeon, crows, ducks, coots, and geese.

C.	“Waterfowl” means ducks and geese.

D.	"Dark geese" means Canada geese, white-fronted geese, brant, and all other species of geese except light geese.

E.	"Light geese" means snow (including blue) geese, and Ross' geese.

F.	"Manipulation" means the alteration of natural vegetation or agricultural crops by activities that include but are not limited to mowing, shredding, discing, rolling, chopping, trampling, flattening, burning, or herbicide treatments.  Manipulation does not include the distributing or scattering of grain, seed, or other feed after removal from or storage on the field where grown.

G.	"Natural vegetation" means any non-agricultural, native, or naturalized plant species that grows at a site in response to planting or from existing seeds or other propagules.  Natural vegetation does not include planted millet.  However, planted millet that grows on its own in subsequent years after the year of planting is considered natural vegetation.

H.	"Normal agricultural operation" means a normal agricultural planting, harvesting, post-harvest manipulation or agricultural practice that is conducted in accordance with 50 C.F.R. 20.11 (U.S. Fish and Wildlife Service, October 1, 2006).

I.	“Normal agricultural planting, harvesting, or post-harvest manipulation” means a planting or harvesting undertaken for the purpose of producing and gathering a crop, or manipulation after such harvest and removal of grain, that is conducted in accordance with 50 C.F.R. 20.11 (U.S. Fish and Wildlife Service, October 1, 2006).

J.	"Normal soil stabilization practice" means a planting for agricultural soil erosion control or post-mining land reclamation conducted in accordance with 50 C.F.R. 20.11 (U.S. Fish and Wildlife Service, October 1, 2006).
K.	"Non-toxic shot" means any shot type  approved for use to take migratory game birds by the US Fish and Wildlife Service in 50 C.F.R. 20.21October 1, 2006.  This federal regulation, but not later amendments to or editions thereof, has been incorporated by reference and can be viewed and copies obtained as set forth in the “Incorporated References” section of Chapter 0 of these regulations.

L.	"Sinkbox" means a raft or any type of low floating device having a depression which affords a hunter a means of concealing himself below the surface of the water.

#501 – HUNTING HOURS

A.	One-half (1/2) hour before sunrise to sunset, except as otherwise provided in this chapter.

#502 – MANNER OF TAKING
		The following are legal methods of take for game species listed in this chapter.  Any method of take not listed herein shall be prohibited, except as otherwise provided by statute or Commission regulation.

A.	Waterfowl, other migratory game birds and Eurasian collared-doves:

1.	Shotgun - Any shotgun not larger than 10 gauge, not firing single slugs and incapable of holding more than three (3) shells in the magazine and chamber combined and fired from the shoulder.  Shotguns of any description originally capable of holding more than three (3) shells total capacity shall have the magazine so cut off, altered or plugged with a one-piece filler which is incapable of removal without disassembling the gun, so as to reduce the total gun capacity to hold no more than three (3) shells in the magazine and chamber combined.

2.	Hand-held bow - With any hand‑held bow provided that the arrow or bowstring is not held or drawn mechanically, except no bows may be used on any firing line designated by the Commission.

3.	Blinds - In the open or from a blind or other place of concealment on land or water except a sink box.  When camouflaged with vegetation from agricultural crops, such camouflaging must not result in the exposing, depositing, distributing or scattering of grain or other feed. 

4.	Vessels - From or by means of any vessel (excluding a sinkbox) having a motor or sails attached when the motor has been shut off and/or the sails furled, and its progress therefrom has ceased or from a vessel that is drifting or being propelled by hand, or by the aid of a vessel when used solely as a means of picking up dead or injured birds.

5.	Hawking or Falconry - By means of hawking or falconry.

6.	Decoys, dogs, and calls - By the aid of a dog, artificial decoys, or with the aid and use of birdcalls except recorded or electrically amplified calls or sounds, unless their use has been authorized elsewhere in this chapter. 

B.	Non‑toxic shot requirements

1.	Shot size - No person shall possess or use non‑toxic shot of size larger than size T while taking or attempting to take ducks, geese, or coots anywhere in Colorado. 

2.	Statewide, including all counties in Colorado in both the Central and Pacific flyways;
a.	No person shall use or possess shot (either in shot‑shells or as loose shot for muzzle‑loading) other than non‑toxic shot while taking or attempting to take ducks, geese or coots. 

3.	Non‑toxic shot is required on commercial wildlife parks, during field trials, and during dog training activities when taking captive‑reared mallards in Colorado.

C.	Prohibition of baiting

1.	Migratory game birds and waterfowl may not be taken by the aid of baiting, or on or over any baited area, if the person knows or reasonably should know that the area is a baited area.  It is unlawful to place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by the aid of baiting or on or over the baited area.

2.	As used in this sub‑paragraph "baiting" means the direct or indirect placing, exposing, depositing, distributing or scattering of salt, grain, or other feed that could serve as a lure or attraction for migratory game birds to, on or over any areas where hunters are attempting to take them.  "Baited area" means any area on which salt, grain, or other feed has been placed, exposed, deposited, distributed, or scattered, if that salt, grain, or other feed could serve as a lure or attraction for migratory game birds to, on, or over areas where hunters are attempting to take them.  Any such area will remain a baited area for ten days following the complete removal of all such salt, grain, or other feed.

3.	Nothing in this regulation shall prohibit the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over the following lands or areas that are not otherwise baited areas:
a.	Standing crops or flooded standing crops (including aquatics), standing, flooded, or manipulated natural vegetation; flooded harvested croplands; or lands or areas where seeds or grains have been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation or normal soil stabilization practice; or standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds; 
4.	Nothing in this regulation shall prohibit the taking of any migratory game bird, except waterfowl, coots, and cranes, on or over the following lands or areas that are not otherwise baited areas:
a.	Areas where grain or other feed has been distributed or scattered solely as the result of the manipulation of an agricultural crop or other feed on the land where grown, or solely as the result of a normal agricultural operation.

#503 – LICENSE AND STAMP REQUIREMENTS 

A.	License required 

1.	A small game license is required to take all migratory game birds listed in #500(B) for which an open season exists.

2.	Each hunter must call 1-866-COLOHIP (1-866-265-6447) or register online (www.colohip.com) prior to their first hunting trip of the season to register their intent to hunt migratory birds, and to obtain permit numbers if hunting band-tailed pigeons or sandhill cranes, and to provide harvest information for the previous season.  "Season" means the period September 1 through March 15. 

B.	Federal Migratory Bird Hunting and Conservation Stamp 
	Except as otherwise provided in this chapter, no person who has attained the age of sixteen (16) years shall take any migratory waterfowl (ducks, geese and swans) unless at the time of such taking they have on their person an unexpired Federal Migratory Bird Hunting and Conservation Stamp (commonly called duck stamp), validated by their signature written across the face of the stamp in ink, or an electronic stamp issued through the Total Licensing System that provides a receipt as proof of purchase.  This proof of purchase contains a unique code given to the purchaser instantly, and constitutes valid proof of purchase of a Federal Migratory Bird Hunting and Conservation Stamp for a period not to exceed 45 days from the date of purchase.

C.	Colorado State Waterfowl Hunting Stamp 
	In addition to the Federal Migratory Bird Hunting and Conservation Stamp, no person who has attained the age of sixteen (16) years shall take any migratory waterfowl (ducks and geese) unless they possess and carry on their person a valid Colorado State Waterfowl Hunting Stamp issued by a TLS license agent, validated by their signature written, in ink, across the face of the duck graphic imprint on the license.
1.	A Colorado State Waterfowl Stamp may be obtained for collection or personal purposes, but shall not serve as the required state stamp for waterfowl hunting purposes.

D.	Walk - In Access Any person 18 years of age or older hunting small game, furbearer or waterfowl on any lands enrolled in the Division of Wildlife Walk-In Access Program must purchase an access permit through the Total Licensing System from the Division of Wildlife or a license agent prior to hunting. The Walk-In Access permit fee is $20.00.  Hunters must carry a valid permit on their person when hunting on these properties.  Hunters under 18 years of age are also required to have an access permit.  However, such permits will be provided free of charge by the Division. 

1.	Public Access is prohibited from 1 hour after sunset to 1 hour before sunrise, except that when hunting waterfowl public access is prohibited from two (2) hours after sunset to two (2) hours before sunrise.
2.	Species of take will be restricted as follows:
a.	 Lands enrolled and posted as Regular, Late Cropland or Extended Season Walk-In Access Properties are open for the take of all small game, furbearers, migratory game birds and Eurasian collared-doves, except Gambel’s quail, Gunnison’s sage grouse and Greater sage grouse.
3.	Public access is permitted:
a.	 From September 1 through the end of February annually for lands enrolled and posted as Regular Season Walk-In Access properties; 
b.	 From the opening day of pheasant season through the end of February annually for lands enrolled and posted as Late Season Cropland Walk-In Access properties, and;

c.	From the opening day of pheasant season through the end of March annually for lands enrolled and posted as Extended Walk-In Access properties.
4.	Access shall be by foot only. Entry by horseback, motorized vehicle, or other means is prohibited.

5.	Access is permitted for hunting only; all other activities are prohibited.  Individuals may accompany hunters without obtaining or possessing a Walk-In Access permit provided they do not hunt. 

6.	Walk-in Access permits are not transferable to any other person, nor do they confer hunting privileges to any person other than the purchaser of the permit.

See also: walk-in access program provisions in Chapter 3 (regulation #303(H)) for small game species.

#504 ‑	SPECIAL CLOSURES AND RESTRICTIONS

A.	General

The State of Colorado is divided into two migratory waterfowl flyways consisting of the Pacific Flyway which includes all lands west of the Continental Divide, and the Central Flyway which includes all lands east of the Continental Divide.

1.	A person may take in any one day, during the open season prescribed, not to exceed the number of migratory game birds and waterfowl permitted in this chapter.  When so taken such birds may be possessed in the numbers specified in this chapter, except that no person on the opening day of the season may possess any migratory game birds or waterfowl in excess of the applicable daily limits and no person may possess any freshly killed migratory game birds or waterfowl during the closed season for such birds.

2.	Nothing in this chapter shall be deemed to permit the taking of migratory game birds or waterfowl on any Federal reservation or sanctuary, or any area of the United States set aside under any law, proclamation, or executive order for use as a bird, game, or other wildlife reservation, breeding ground, or refuge, or on any area designated as a closed area under the Migratory Bird Treaty Act except as may be permitted by these regulations.

3.	No migratory game bird or waterfowl may be taken at any time, or by any means, from, on or across any highway, road, designated trail, or other right‑of-way, whether public or private, within the exterior boundaries of any established national wildlife refuge.

4.	Open seasons are established only on such migratory game birds and waterfowl as are herein designated.  Exceptions to daily bag and possession limits and to the hours of hunting stated in Federal Migratory Bird regulations shall be as prescribed in this chapter.

5.	Descriptions of all closures, specific areas, and areas with special restrictions in this chapter begin with the northern boundary and are described in clockwise rotation, with all roads or designations listed connecting to the next in the progression. The following standard abbreviations are used throughout this chapter:
Colorado State highways: Colo
County: Co
County roads: Co Rd
Interstate highways: I-
Road: Rd
U.S. (Federal) highways: US

Note: Migratory bird hunting closures and special provisions and restrictions for Division properties are found in Chapter 9.

B.	Possession of Live Birds 
	Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit.  No person shall at any time, or by any means, possess or transport live migratory game birds taken under the provisions of this chapter.

C.	Possession of Plumage and Skin of Migratory Birds and Waterfowl.

1.	No permit is necessary to possess and transport for his own use the plumage and skins of lawfully taken migratory game birds and waterfowl.

2.	Personal use of feathers or skins ‑ any person for his own use may possess, transport, ship, import, and export without a permit the feathers and skins of lawfully taken migratory game birds.

D.	Commercial Use of Feathers 
	Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl (ducks, geese, and swans) killed by hunting pursuant to these regulations, or seized and condemned by Federal or State game authorities except that:

1.	No person shall purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds taken under authority of this chapter, and;

2.	No person shall purchase, sell, barter, or offer to purchase, sell or barter mounted specimens of migratory game birds taken under authority of this chapter.

E.	Most Restrictive Federal or State Law Shall Apply ‑ 
	Federal and State laws and regulations govern the taking of all migratory birds, in all cases, the most restrictive State or Federal regulation shall apply by species.

F.	Processing, Storage and Tagging Required 
	No person shall put or leave any migratory game birds at any place (other than at his personal abode), or in the custody of another person for picking, cleaning, processing, or storage (including temporary storage), or for the purpose of having taxidermy services performed, unless such birds or package or container of such birds has a tag attached, signed by the hunter, stating the hunter's address, the total number and species of birds, the date such birds were killed, and the hunter's hunting license number.

G.	Custody of Birds of Another Person 
	No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required in item F.

H.	Migratory Bird Preservation Facilities 
	
	No preservation facility shall:
1.	Receive, possess or have in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storage or shipment, unless accurate records are maintained showing (1) the number of each species, (2) the date such birds were received, (3) the date such birds were disposed of, and (4) the name and address of the person to whom such birds were delivered, or

2.	Destroy any records required to be maintained under this section for a period of one (1) year following the last entry on the record, or 

3.	Prevent any person authorized to enforce the provisions of this regulation from entering such facilities at all reasonable hours and inspecting the records and the premises where such operations are being carried on.

I.	Closures

1.	Waterfowl hunting is prohibited within the area bounded on the north by the Colorado-Wyoming state line; on the east and south by I-76, Colo 71, US 36, and I-70; and on the west by the Continental Divide and the Larimer-Jackson county line and in Bent, Crowley, Kiowa, Mesa, Otero, and Prowers counties.
a.	Within fifty (50) yards on each side of the center line of any public road.
b.	Within one-hundred-fifty (150) yards of any dwelling including the air space directly above this closure, without first obtaining permission from the owner, occupant or person in charge of the dwelling.

			2.	Hunting is prohibited as specified in the areas and on the dates listed below: 
a. 	Barr Lake State Park, Adams County
1.	Only waterfowl hunting will be allowed and will be restricted to Saturdays and Wednesdays.
2.	Waterfowl hunting is restricted to designated blinds and the maximum number of hunters per blind is 3.
3.	Hunters are required to check in and out at Barr Lake State Park entrance.
4.	Blinds that have not been reserved will be available on a first-come, first-serve basis after 5 a.m. on each hunting day.  Reserved blinds unoccupied by 7:00 a.m. will be available on a first-come, first-serve basis.
b. 	Colorado River, Grand County -  Waterfowl hunting is prohibited from Shadow Mountain Dam downstream to Twin Creek after November 13.
c. 	Colorado River, Mesa County - 	Waterfowl hunting is prohibited on the Colorado River and 200 yards on either side of the river from the Grand Avenue Bridge in Grand Junction to the west end of Horsethief Canyon State Wildlife Area during the following time periods: Wednesday through Friday of each week, except Thanksgiving Day, Christmas Day and New Year's Day.  In addition waterfowl hunting is prohibited on the river and 200 yards on either side of the river from Appleton Drain to Hunter Wash (the west end of the Walker SWA).
d.	Dillon Reservoir, Summit County – Waterfowl hunting is prohibited on Labor Day and the Saturday and Sunday immediately preceding Labor Day.
e.	Elliott State Wildlife Area – Union Tract, Morgan County - All public use is prohibited except for limited waterfowl hunting:
1. 	Waterfowl hunting shall be permitted on a first-come first-served basis from the beginning of the first waterfowl season (September Teal Season) through the end of the first segment of the regular waterfowl season.  In addition, the Director is authorized to establish no more than 15 additional days of waterfowl hunting during any subsequent segments of the regular waterfowl season.  These additional days of hunting shall be consistent with property-specific management objectives or restrictions, including, but not limited to, those related to weather, water levels, presence of waterfowl and need for waterfowl resting areas, and shall otherwise seek to maximize public hunting opportunity, specifically considering youth hunting opportunity, by focusing on weekends, holidays and other periods of public school recess.  Information on and blind reservations by lottery drawing for these additional days are available by calling 1-800-846-9453.   
f. 	Highline Lake State Recreation Area, Mesa County – 
	1.	Waterfowl hunting on Highline Lake is prohibited on Saturdays and Sundays.
	2.	Waterfowl hunting is limited to designated blinds only, with a maximum of four (4) hunters per blind. 
	3.	Hunters must check in and out at the West Entrance Station.
g. 	Mack Mesa Reservoir State Recreation Area, Mesa County ‑ Hunting and trapping are prohibited.
h.	Pueblo County ‑ No person shall discharge a firearm or release an arrow for the purpose of hunting waterfowl within 150 yards of any dwelling, including the airspace directly above this closure, without first obtaining permission from the owner, occupant, or person in charge of the dwelling.
i.	Prewitt Reservoir, Logan and Washington counties - Waterfowl hunting is prohibited as posted to provide for waterfowl resting as necessary depending on water levels, weather, and presence of birds. 
j.	Sweitzer Lake, Delta County ‑ Waterfowl hunting is permitted on opening day and thereafter on each Saturday, Sunday, Wednesday and legal holiday.
k.	Turk's Ponds Area, Baca County ‑ The following regulations will be in effect from the beginning of the first split of the waterfowl season through the last day of the waterfowl season in sections 20, 21, 28, 29, 32 and 33 in Township 29 South, Range 44 West, 6th P.M. as posted.
1.	All lands in Turk’s Pond State Wildlife Area within one quarter (1/4) mile of the ordinary high water line are closed to hunting.
2.	No person shall discharge a firearm or release an arrow from, upon or across an area 50 yards on each side of the center line of any public road.
l.	Vancil Reservoir, Morgan County -  Waterfowl hunting is prohibited as posted to provide for waterfowl resting as necessary depending on water levels, weather and presence of birds.

3.	Hunting is prohibited in the areas listed below, as posted by the Division.  Maps detailing current posting shall be available at Division of Wildlife offices upon request during the period of posting restrictions, and such restrictions shall be posted at all public access points and at specific locations where restrictions apply in adequate numbers and appropriate size to insure notice to the public.  The Division shall use only the following criteria when posting these areas: to allow a resting area for waterfowl or other wildlife; to assure public safety by prohibiting the discharge of firearms (hunting) in close proximity to buildings, residences, structures, or other areas where people may be injured or property damaged; and/or to maintain compliance with provisions imposed by leases, deeds or other legally binding restrictions.
a.	Crawford State Recreation Area, Delta County 
1.	Hunting is prohibited as posted.
b. 	Meredith Reservoir, Crowley County
1.	Hunting is prohibited as posted.
				c. 	New Windsor Reservoir, Weld County
					1.	Hunting is prohibited as posted.
2.	No person shall hunt waterfowl within 400 yards of any occupied dwelling without first obtaining permission from the owner, occupant, or person in charge or within one‑quarter (1/4) of a mile of the center line of the following roads:  beginning at the junction of 
	Weld County Road 74 and State Highway 257 north to Weld County Road 78; east to Weld County Road 21; south to Weld County Road 74; then west to the beginning at State Highway 257 and that said closure shall include all of the area within the boundary formed by these roads.
3.	No person shall hunt waterfowl within 150 yards of the centerline of the following roads:  State Highway 257 between Weld County Road 78 and Weld County Road 74; Weld County Road 74 between State Highway 257 and Weld County Road 21.
d. 	Trinidad State Recreation Area, Las Animas County 
1.	Waterfowl hunting is prohibited as posted.

4.	Hunting geese is prohibited as specified in the areas listed below:
a.	Empire Reservoir, Weld and Morgan Counties 
1.	Hunting of geese is prohibited below the historical and recorded high water line.  Hunting is also prohibited on the north side of the reservoir 20 yards above the high water line from a point beginning at the inlet structure, continuing north and east to the easternmost end of the dike structure.  
b.	Fossil Creek Reservoir, Larimer County
1.	Hunting of geese is prohibited as posted.
c.	Johnson Pond, Sedgwick County 
1.	Hunting of geese prohibited in that portion of Sedgwick County bounded on the north by U.S. Highway 138, on the east by U.S. Highway 385, on the south by U.S. Interstate 76, and on the west by Sedgwick County Road 29. 
2.	During the special late light goose season (Eastern Colorado Special Control Period) and any conservation order for light geese, light goose hunting is allowed within the Johnson Pond Special Goose Closure.
d.	Jumbo Reservoir, Red Lion, Logan and Sedgwick Counties
1.	Hunting of geese is prohibited in those portions of Logan and Sedgwick counties bounded on the north by Logan Co Rd 70 and Sedgwick Co Rd 3; on the east by Sedgwick Co Rd 3; on the south by Logan Co Rd 970, and on the west by Logan Co Rd 95, except as otherwise provided for the Red Lion State Wildlife Area in Chapter 9 of these regulations.
e.	Lower Latham Reservoir, Weld County
1.	Hunting is prohibited as posted.
f.	Riverside Reservoir, Weld County
1.	Hunting of geese is prohibited as posted.
g.	Grand Lake and Windy Gap Reservoir, Grand County
1.	Hunting of geese is prohibited on these lakes, and in the area within 100 yards of their high-water lines.

J.	Restrictions
1.	Landowners may use dogs to haze geese off of their property in order to prevent or alleviate damage, except from April 1 through July 31, provided that the dog is controlled such that no geese are injured or killed.

ARTICLE II – REGULAR SEASONS, AREAS, DATES AND LIMITS

#505 – SORA AND VIRGINIA RAIL 

A.	Statewide:  

1.	Dates:	September 1 - November 9.

2.	Daily Bag Limit: Twenty‑five (25) soras or Virginia rails singly or in the aggregate.

3.	Possession Limit:  One (1) daily bag limit.

#506 – SANDHILL CRANE

A.	All areas east of the Continental Divide except North Park (Jackson County) and the San Luis Valley.

1.	Dates:  October 4 - November 30, 2008.

2.	Daily Bag Limit: Three (3).

3.	Possession Limit:  Two (2) daily bag limits.

#507 – WILSON’S SNIPE 

A.	Statewide

1.	Dates:  September 1 – December 16.

2.	Daily Bag Limit:  Eight (8).

3.	Possession Limit:  Two (2) daily bag limits.

#508 – MOURNING DOVE, WHITE-WINGED DOVE AND EURASIAN COLLARED-DOVE 

A.	Statewide.

1.	Dates:  September 1 – October 30.
2.	Daily Bag Limit: 
a.	Fifteen (15) mourning doves or white-winged doves singly or in the aggregate.
b.	No limit for fully feathered Eurasian collared-doves.

3.	Possession Limit: 
a.	Two (2) daily bag limits.
b.	No limit for fully feathered Eurasian collared-doves.

4.	Special Conditions and Restrictions
a.	While in the field or during transport, all dressed (not fully feathered) doves shall be counted against the daily bag or possession limit for mourning and white-winged doves.

#509 – BAND‑TAILED PIGEON

A.	Statewide.

1.	Dates:  September 1 – 30.

2.	Daily Bag Limit:  Five (5).

3.	Possession Limit:  Two (2) daily bag limits.

#510 – CROW

A.	Statewide.

1.	Dates:  October 1, 2008 – January 31, 2009.

2.	Daily Bag Limit:  Unlimited.

3.	Possession Limit:  Unlimited.

4.	Special Conditions and Restrictions - Recorded or electronically amplified calls may be used during this season.

#511 – DUCK AND COOT

A.	Central Flyway Eastern Plains Zone – All areas east of Interstate 25 and all of El Paso, Pueblo, Huerfano and Las Animas Counties.

1.	Dates:
a.	First season:  October 4 - 20, 2008.
b.   Second season:  November 8, 2008 - January 25, 2009.

2.	Daily Bag Limit:
a.	Ducks:  Six (6), excluding mergansers.  Of the six (6), no more than five (5) mallards, of which no more than two (2) can be female, one (1) pintail, one (1) canvasback, two (2) redheads, one (1) mottled duck,  two (2) wood ducks, and two (2) scaup.  No pintails or canvasback may be taken after November 29, 2008.
b.	Mergansers:  Five (5), of which no more than two (2) may be hooded mergansers.
c.	Coots:  Fifteen (15).  

3.	Possession limit: Two (2) daily bag limits.

B.	Central Flyway Mountain/Foothills Zone – All areas west of Interstate 25 and east of the Continental Divide, except El Paso, Pueblo, Huerfano and Las Animas Counties.

1.	Dates:
a.	First season:  October 4 - November 30, 2008.
b.   Second season:  December 19, 2008 - January 25, 2009.

2.	Daily Bag Limit:
a.	Ducks:  Six (6), excluding mergansers.  Of the six (6),  no more than five (5) mallards, of which no more than two (2) can be female, one (1) pintail, one (1) canvasback, two (2) redheads, one (1) mottled duck,  two (2) wood ducks, and two (2) scaup.  No pintails or canvasback may be taken after November 11, 2008.
b.	Mergansers:  Five (5), of which no more than two (2) may be hooded mergansers.
c.	Coots:  Fifteen (15).  

3.	Possession limit: Two (2) daily bag limits.

C.	Pacific Flyway – All areas west of the Continental Divide.

			1.	Dates:
a.	First season: September 27 - October 12, 2008.
b.	Second season:  October 29, 2008 - January 25, 2009.

2.	Daily Bag Limit:
a.	Ducks and Mergansers:  Seven (7) in the aggregate.  Of the 7 (seven), no more than two (2) female mallards, one (1) pintail, two (2) canvasbacks, two (2) redheads and  three (3) scaup.  
b.	Coots:  Twenty‑five (25).  

3.	Possession limit: 
a.	Ducks and mergansers:  Two (2) daily bag limits. 
b.	Coots:  One (1) daily bag limit.

#512 – GOOSE

A.	North Park – Jackson County

1.	Dates: 
a.	Dark goose:
1.	First season:	  October 4 - 15, 2008.
2.	Second season:  November 15, 2008 - February 15, 2009.
b.	Light goose:  November 1, 2008 - February 15, 2009.

2.	Daily Bag Limit:
a.	Dark goose:  Four (4).
b.	Light goose: Twenty (20).

3.	Possession limit:		
a.	Dark goose: Two (2) daily bag limits.
b.	Light goose: Unlimited.

B.	South Park and San Luis Valley ‑ All of Alamosa, Chaffee, Conejos, Costilla, Custer, Fremont, Lake, Park, Rio Grande and Teller counties, and those portions of Saguache, Mineral and Hinsdale counties east of the Continental Divide. 

1.	Dates:
a.	Dark goose:
	1.	First season:	   October 4 - 15, 2008.
	2.	Second season:  November 15, 2008 - February 15, 2009.
b.	Light goose:	  November 1, 2008 - February 15, 2009.

2.	Daily Bag Limit:
a.	Dark goose:  Four (4).
b.	Light goose: Twenty (20).

3.	Possession limit:		
a.	Dark goose: Two (2) daily bag limits.
b.	Light goose: Unlimited.

C.	Northern Front Range  - All areas in Boulder, Larimer and Weld Counties from the Continental Divide east along the Wyoming border to Highway 85, south on Highway 85 to the Adams County Line, and all lands in Adams, Arapahoe, Broomfield, Clear Creek, Denver, Douglas, Gilpin, and Jefferson Counties.

1.	Dates:
a.	 Dark goose:
	1.	First Season:   October 4 - 15, 2008.
2.	Second Season:   November 15, 2008 - February 15, 2009.
b.	Light goose:   November 1, 2008 - February 15, 2009.

2.	Daily bag limit:	
a.	Dark goose:  Four (4).
b.	Light goose:  Twenty (20).

3.	Possession limit: 	
a.	Dark goose:  Two (2) daily bag limits.
b.	Light goose:  Unlimited.

D.	Balance of Central Flyway - All areas east of the Continental Divide, except North Park, Northern Front Range, South Park and San Luis Valley. 

1.	Dates:
a.	Dark goose:   November 15, 2008 - February 15, 2009.
b.	Light goose:   November 1, 2008 - February 15, 2009.

2.	Daily Bag Limit:
a.	Dark goose:  Four (4).
b.	Light goose: Twenty (20).

3.	Possession limit:		
a.	Dark goose: Two (2) daily bag limits.
b.	Light goose: Unlimited.
	 
E.	Pacific Flyway:  All areas west of the Continental Divide.

1.	Dates:
a.	First season:  September 27 - October 3, 2008.
b.	Second season: October 29, 2008 - January 25, 2009.

2.	Daily Bag Limit:  
a.	Dark goose:  Three (3).
b.	Light goose: Six (6).

3.	Possession Limit:  Two (2) daily bag limits.

ARTICLE III - SPECIAL SEASONS, AREAS, DATES AND LIMITS

#513 -	 YOUTH WATERFOWL HUNTING DAYS 

A.	Central Flyway Eastern Plains Zone – All areas east of Interstate 25 and all of El Paso, Pueblo, Huerfano and Las Animas Counties.

1.	Dates:	September 27 – 28, 2008.

2.	Daily bag limit:
a.	Ducks:  Six (6), excluding mergansers.  Of the 6 (six), no more than five (5) mallards, of which no more than two (2) can be female, one (1) pintail, one (1) canvasback, two (2) redheads, one (1) mottled duck, two (2) wood ducks, and  two (2) scaup; 
b.	Mergansers:  Five (5), of which no more than two (2) may be hooded mergansers.
c.	Coots:  Fifteen (15).
d.	Dark Goose:  Four (4). 

3.	Possession limit: Two (2) daily bag limits.
	
B.	Central Flyway Mountain/Foothills Zone – All areas west of Interstate 25 and east of the Continental Divide, except El Paso, Pueblo, Huerfano and Las Animas Counties.

1.	Dates:  September 27 - 28, 2008.

2.	Daily Bag Limit:
a.	Ducks:  Six (6), excluding mergansers.  Of the six (6),  no more than five (5) mallards, of which no more than two (2) can be female, one (1) pintail, one (1) canvasback, two (2) redheads, one (1) mottled duck,  two (2) wood ducks, and two (2) scaup.
b.	Mergansers:  Five (5), of which no more than two (2) may be hooded mergansers.
c.	Coots:  Fifteen (15).
d.	Dark Goose:  Four (4). 

3.	Possession limit: Two (2) daily bag limits.

C.	Pacific Flyway – All areas west of the Continental Divide.

1.	Dates:   October 18 - 19, 2008.

2.	Daily bag limit:
a.	Ducks and Mergansers:  Seven (7) in the aggregate. Of the 7 (seven), no more than two (2) female mallards, one (1) pintail, two (2) canvasbacks, two (2) redheads and  three (3) scaup.
b.	Coots:  Twenty‑five (25).
c.	Dark Goose:  Three (3).
d.	Light Goose:  Six (6).

3.	Possession limit: 
a.	Ducks, mergansers and geese:  Two (2) daily bag limits. 
b.	Coots:  One (1) daily bag limit.

D.	Youth seasons are restricted to hunting by youth 17 years of age and younger accompanied by a mentor.  A mentor must be 18 years of age or older and hold a valid hunter education certificate or be born before January 1, 1949, and must accompany the youth while in the act of hunting.  Mentors are not authorized to hunt ducks, geese, mergansers, or coots during this season.

#514 – SEPTEMBER TEAL 

A.	Lake and Chaffee counties and all areas east of I-25.

1.	Dates: September 13 - 21, 2008.

2.	Daily bag limit:  Four (4).

3.	Possession Limit:  Two (2) daily bag limits.
		
#515 – EARLY CANADA GOOSE

A.	Pacific Flyway - All areas west of the Continental Divide.

1.	Dates:  September 1 – 9, 2008.

2.	Daily bag limit:  Three (3).

3.	Possession limit:  Two (2) daily bag limits.

#516– EURASIAN COLLARED-DOVE 

A.	Statewide.

1.	Dates:  December 1 - End of February annually.

2.	Daily Bag Limit:  Unlimited
 
3.	Possession Limit:  Unlimited

4.	Special Conditions and Restrictions
a.	While in the field or during transport, all doves shall be fully feathered.

ARTICLE IV – CONSERVATION ORDER SEASONS, AREAS, DATES AND LIMITS

#517 – LIGHT GOOSE

A.	Central Flyway – All areas east of I-25.

1.	Dates:  
a.	 February 16 through April 30, 2009.

2.	Daily bag limit:  Unlimited.

3.	Possession limit:  Unlimited.
			
4.	Special Conditions and Restrictions
a.	Recorded or electronically amplified calls may be used during this control period.
b.	Hunting is allowed from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset.
c.	A Federal Migratory Bird Hunting and Conservation Stamp is not required to take light geese during the conservation order period.
d.	All other regulations applicable to hunting migratory waterfowl in Colorado apply to taking light geese during the control period.

ARTICLE V ‑ DEPREDATION ORDERS

#518 – CROWS AND MAGPIES

A.	Crows and magpies may be taken without Federal or State permit at any time of the year or at any time of the day or night when found committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.

ARTICLE VI ‑ FALCONRY

#519 – SPECIAL FALCONRY REGULATIONS

A.	Falconry is a permitted means of taking migratory game birds during regular or extended seasons.

1.	Regular Seasons
a.	General hunting regulations prescribed in this chapter, including seasons and hunting hours, apply to falconry.  General season bag and possession limits do not apply to falconry.
b.	Daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds, respectively, singly or in the aggregate.  The falconry bag limit is not in addition to gun limits. 

2.	Extended Seasons
a.	There are no extended seasons.

AS APPROVED - 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