FILING – 07/28/2010

Basis and Purpose

Chapter 5 – Migratory Birds

Basis and Purpose:

These proposed regulations are the result of a review of the entire chapter related 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 2010-2011 migratory bird seasons and general clean-up, other substantive changes were made to Chapter 5 as follows:

Walk-In Access Harvest Provision

A regulation has been added restricting hunting on properties enrolled in the Walk-In Access Program when landowners are actively harvesting crops. This regulation is intended to increase safety for both landowners and hunters utilizing the property, and to encourage landowners to remain enrolled in the program by not complicating harvest scheduling and/or methodology. This regulation is intended to apply primarily to those properties with huntable crop circle corners.

Year-round Eurasian collared-dove hunting

A regulation has been added allowing the hunting of Eurasian collared-doves (ECDs) year-round. The ECD is a non-native invasive species. Previously, season dates were limited only to prevent against incidental take of similar protected species (Mourning and White-winged doves). The Colorado Division of Wildlife and most other state wildlife agencies have provided information on identification of various dove species to hunters for several years. As ECDs have become increasingly established and locally common throughout Colorado, dove hunters have become more aware of the characteristics and behavior of this species and are able to distinguish it from a Mourning Dove, and the Division feels that a year-round season can be established with minimal risk for incidental and/or illegal harvest of protected species. These regulations are intended to provide additional harvest opportunities and potentially more effective local population control of this increasing exotic species.

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, 2010 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 8th DAY OF JULY, 2010.

APPROVED:

Tim Glenn

Chairman

ATTEST:

Mark Smith

Secretary

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