07/02/2007
Basis and Purpose
Chapter 5 - Migratory Birds

Basis and Purpose Statement:

These regulations expand the Walk-In Access program by allowing hunting of all small game species (except Gambel’s quail)  on all Walk-In Access properties except for spring turkey properties.  Gambel’s quail has been excluded as a species authorized for take to encourage participation of landowners who want to enroll their land in the program, but have special concerns for preserving flocks of Gambel’s quail.  In addition, the program dates have been expanded accordingly, allowing for hunting during seasons open in September and October.  An option has been added for late-season properties to be enrolled in the program who are unable to allow access during September and October for agricultural reasons.

Provisions of Chapter 5 corresponding to baiting of migratory birds have been reviewed and updated to adhere to federal migratory bird baiting rules.  Federal regulations pertaining to hunting on or over a baited area are different for waterfowl, coots and cranes than for other migratory game birds.  Because the previous version of WCR# 502.C.3 treated all migratory game birds equally with respect to hunting on or over a baited area, Colorado baiting regulations appear to have been more liberal than federal regulations with regard to the baiting of waterfowl, coots and cranes.  The Commission has corrected this oversight.  Other baiting regulations have been reviewed and modified according to federal rules.

A late hunting season has been proposed for the Eurasian collared-dove (ECD), a non-native dove species which is becoming established in much of Colorado as a year-round resident.  ECDs were introduced into the Bahama Islands in the 1970s and in the 1980s migrated to Florida.  Since then they have expanded their range and are established in most States.  ECDs feed on agricultural grains, leaves, fruits and seeds and they breed nearly year round in their native range, fledging 3 - 6 broods during a regular breeding season.  This breeding cycle suggests that ECD numbers could increase significantly over time.  ECDs have not yet been observed to compete directly with mourning doves, although few studies have been conducted.  Staff has responded to calls of ECD game damage on grain feed lots.  Colorado currently allows the take of ECDs by licensed hunters during the mourning dove/white-winged dove season (September 1- October 30).  Unlike mourning doves and white-winged doves, ECDs are not federally protected.  A ECD season has been established between December 1 and the end of February, which is the period most federally protected birds have migrated out of Colorado, thus decreasing the risk of incidental take.  This season is intended to increase the take of ECDs while providing extended recreational opportunity for dove hunters.

Season dates have been updated according to the Commission’s approved waterfowl season structure within federal frameworks, and annual clean up changes to the chapter have been included, including renumbering of applicable provisions.

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, 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 2nd DAY OF JULY, 2007.
Approved:
Thomas M. Burke
	Chairman
Attest:
Robert W. Bray
Secretary