01/10/2008
Basis and Purpose
Chapter 0 – General Provisions

Basis and Purpose:

These regulations amend Chapter 0 “General Provisions” of the Colorado Wildlife Commission Regulations.  Carcass transport restrictions have been removed pursuant to the Wildlife Commission’s Chronic Wasting Disease policy which states, “The risk of CWD spread via transport of carcasses appears small, especially when compared to the risk of introduction via the movement of living, infected animals. Thus carcass transport and disposal safeguards should not be so onerous that they diminish the ability to control CWD-infected populations through hunter harvest. Consequently, education on proper disposal of deer and elk carcasses should be developed as the primary strategy to minimize risks for spreading CWD via carcasses. The benefit of potential carcass transportation regulations should be carefully evaluated prior to adoption.”   The Division intends to replace the restrictions with an educational program focused on the disposal of carcass trim.

Viral Hemorrhagic Septicemia (VHS) regulations have been amended pursuant to the emergence of a new strain of VHS which is killing huge numbers of free-ranging fishes of many species in the Great Lakes and St. Lawrence River. VHS is a serious and often fatal fish disease. It has long been present off both coasts of North America. The pathogen has now been found away from the Great Lakes area where it was originally detected.  Live fish transfer is known to spread VHS; therefore, the Commission has required annual inspection for VHS of both imported and in-state cultured trout and kokanee (salmonids) for many years.  Because the new strain has spread to other species the Commission has amended regulations extending existing requirements to all fish species.  In order to prevent the spread of VHS into Colorado, these regulations make VHS certification mandatory for all non-salmonid live fish importations, and also implement the same requirements for in-state sources.  This regulation is intended to be a component of a more comprehensive VHS and Aquatic Nuisance Species (ANS) program.  In order to prevent the introduction and establishment of VHS and other ANS, the Division intends to continue to develop strategies that address other potential vectors and routes of invasion.

The Director of the Division of Wildlife is currently authorized to establish and enforce temporary closures of lands and waters of the state to hunting, fishing or other wildlife-related recreation, where necessary to protect public safety, protect threatened or endangered wildlife species, protect wildlife resources from the introduction or spread of disease or nuisance species or other similar threats, protect time sensitive wildlife use of lands or waters, protect against additional and significant environmental damage after an area has sustained a natural or manmade disaster, or to facilitate Division sponsored wildlife research projects.  A clarification has been added that this authority includes establishing an applicable closure on the collection of shed antlers.

Developments in muzzleloading technology have provided hunters with a battery-powered electronic ignition muzzleloading rifle.  As with other advanced muzzleloading rifle technologies, electronic ignition muzzleloading rifles are allowed during the regular rifle season.  Due to lack of clarity on the issue of electronic-ignition muzzleloading rifles in 33-6-125 C.R.S. - “Possession of a Loaded Firearm in a Motor Vehicle,” the Commission has further defined what constitutes a loaded electronic-ignition muzzleloader for the purposes of possessing it in a motor vehicle in order to help ensure public safety.

Modifications have been made to Game Management Unit (GMU) boundaries.  A new GMU (S72) has been created in order to allow for hunting of the Greenland sheep herd.  Clean-up changes have been made to other GMUs, including a modification to the boundary line between GMUs 10 and 11 pursuant to a citizen petition for the change.

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 MARCH 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 THIS10th DAY OF JANUARY, 2008.
APPROVED:
Thomas M. Burke
Chairman

ATTEST:
Robert W. Bray
Secretary