AGENDA PARKS AND WILDLIFE COMMISSION MEETING November 16-17, 2017 Colorado Parks and Wildlife Yuma Community Center 325 E. 2 nd Ave. Yuma, CO 80759 Phone: 970.848.0407 Thursday: November 16 th # Time AGENDA ITEM 7:30 Commissioners Breakfast 1 8:30 (I) Pledge of Allegiance 2 8:35 (A) John Howard, Acting Chair 3 8:40 (I) John Howard, Acting Chair Approve Minutes of the September 7-8, 2017 Parks and Wildlife Commission Meeting Corrections to Agenda Corrections/Removal of Consent Agenda Topics 4 8:45 (I) Bob Randall, DNR Executive Director 5 8:55 (I) Les Owen Conservations Services Director 6 9:15 (I) Bob Broscheid, CPW Director Citizen Petition 7 9:40 (I/A) Danielle Isenhart, Department of Natural Resources Update Department of Agriculture Update Director s Comments Chapter P-8 - Aquatic Nuisance Species 2 CCR 405-8 At its November meeting, the Parks and Wildlife Commission will consider a Citizen Petition for Rulemaking related to Aquatic Nuisance Species, as follows: A Citizen Petition for rulemaking requesting that the Commission consider adding the Porta-Bote boat to the list of exempted vessels that can be hand-launched without a boat inspection. The Commission may accept all or a portion of this petition for final action, further consideration or otherwise reject the petitions at the November Commission meeting. A copy of any petition may be obtained by contacting Danielle Isenhart,, Colorado Parks and Wildlife at (303) 866-3203 ext. 4625. 1
Final Regulations 8 9:45 (A) Danielle Isenhart, 9 9:50 (A) Danielle Isenhart, 10 9:55 (A) Danielle Isenhart, Chapter W-1 - Fishing - 2 CCR 406-1. (Step 2 of 2) Open for annual review of the entire chapter including, but not limited to, consideration of regulations regarding seasons and season dates, bag and possession limits, licensing requirements, manner of take provisions and special conditions or restrictions applicable to waters of the state, including, but not limited to, the following: Allowing the use of sling bows for harvesting fish species that can currently be taken using archery equipment. Closing Beswick Pond on the James M. Robb Colorado River State Park to fishing. Separating Trout Creek fishing regulations upstream and downstream of Sheriff Reservoir. This includes removing the whitefish provisions upstream of Sheriff Reservoir and removing the catch and release for cutthroat trout, and flies and lures only provisions downstream of Sheriff Reservoir. These Chapter W-1 - Fishing regulations will become effective April 1, 2018. Chapter W-2 - Big Game 2 CCR 406-2 and those related provisions of Chapter P-7 ( Passes, Permits and Registrations 2 CCR 405-7) and Chapter W-15 ( Division Agents 2 CCR 406-15) necessary to accommodate changes to or ensure consistency with Chapter W-2. (Step 2 of 2) Open for consideration of final regulations adjusting nonresident big game license fees according to the Consumer Price Index, and adjusting nonresident big game license fees within statutory limitations pursuant to 33-4-102 (1.6)(IV)(b) C.R.S. Also open for consideration of regulations regarding Division agents, including but not limited to, adjusting commission rates applicable to the sale of licenses by Division agents according to the Consumer Price Index. Chapter W-3 - Furbearers and Small Game, except Migratory Birds 2 CCR 406-3. (Step 2 of 2) Open for annual review of regulations regarding turkey hunting, including but not limited to, license areas and license numbers, season dates, and manner of take provisions for the 2018 turkey hunting seasons, including, but not limited to: Authorizing the Director to establish special hunting seasons and licenses to control conflict or nuisance turkeys. Allowing the use of centerfire rifles and handguns during the fall season for turkey hunting in Game Management Units (GMUs) 91, 92, 96 and 951. Adding GMU 1 to the over-the-counter (unlimited) license lists for the spring and fall seasons. Moving GMU 361 from hunt code TM035O1R to TM015O1R. Creating a fall turkey season in GMUs 15, 27, 37, and 361. Implementing a pay-after-you-draw provision for limited license turkey applicants. 2
11 10:05 (A) Danielle Isenhart, Chapter W-8 - Field Trials and Training of Hunting Dogs 2 CCR 406-8. (Step 2 of 2) Open for review of regulations in accordance with Executive Order D 2012-002 ( Regulatory Efficiency Reviews ) to determine if they should be continued in their current form, modified or repealed. These potential changes include, but are not limited to the following: Changing the annual dog training permit dates to April 1 - March 31. Requiring each individual to have a dog training permit when releasing and shooting privately owned game birds for training on Division properties. Removing the annual reporting requirement for dog training permit holders. 12 10:10 (A) Danielle Isenhart, Chapter W-17 Game Damage 2 CCR 406-17 and those related provisions of Chapter W-0 ( General Provisions 2 CCR 406-0), Chapter W-2 ( Big Game 2 CCR 406-2), Chapter W-3 ( Furbearers and Small Game, except Migratory Birds 2 CCR 406-3) and Chapter W-5 ( Small Game - Migratory Birds 2 CCR 406-5) necessary to accommodate changes to or ensure consistency with Chapter W-17. (Step 2 of 2) Open for review of regulations pertaining to exemption trapping of nuisance furbearers and small game wildlife while incorporating new industry best management practices to increase animal welfare. This regulatory item also includes moving all existing damage-related regulations into Chapter W-17 making the chapter applicable to damage caused by all wildlife. Changes also include allowing the take of furbearers using air guns. The take of coyotes or bobcats would require the use of a pre-charged pneumatic air gun.25 caliber or larger. 10:20 Break Draft Regulations 13 10:35 (I) Danielle Isenhart, Additionally, Chapter W-17 is also open for review of regulations in accordance with Executive Order D 2012-002 ( Regulatory Efficiency Reviews ) to determine if they should be continued in their current form, modified or repealed. Chapter W-0 - General Provisions 2 CCR 406-0 and those related provisions of Chapter W-2 ( Big Game 2 CCR 406-2) necessary to accommodate changes to or ensure consistency with Chapter W-0. (Step 2 of 3) Open for consideration of regulations implementing an antler and horn collection closure on public lands west of I-25 from January 1 through April 30 annually. Potential changes could also include provisions creating an antler and horn collection license with associated season dates. 3
Issues Identification 14 10:45 (I) Danielle Isenhart, Chapter W-2 - Big Game 2 CCR 406-2 and those related provisions of Chapter W-0 ( General Provisions 2 CCR 406-0) necessary to accommodate changes to or ensure consistency with Chapter W-2. (step 1 of 2) Open for review of the entire chapter, including, but not limited to: Annual changes to season dates, limited license areas, license numbers, and manner of take provisions for bighorn sheep and mountain goat. Annual changes to season dates, limited license areas and manner of take provisions for deer, elk, pronghorn antelope, moose, mountain lion, and bear. Annual changes to limited license application and drawing processes. Updating muzzleloader caliber requirements when hunting with round ball ammunition. Allowing Youth Outreach Licenses to be issued on both public and private lands. Removing the preference point hunt code restrictions for Director s Dream Hunt licenses. Implementing pay-after-you draw provisions for big game limited licenses and allowing nonresidents to apply by phone or online for sheep, goat, and moose licenses. Creating a second ram rifle season in combined sheep units S40 and S58 as well as in unit S1. Closing the rifle goat season in unit G18. Creating a PLO bear hunt code for Game Management Units (GMU) 20, 29, and 38. Creating a PLO bear hunt code for GMUs 39, 391, 46, 461, 50, 51, 500, 501, and 104. Changing all bear hunt codes in Data Analysis Unit (DAU) B-4 from List A to List B. Extending the season dates for antlerless PLO licenses in DAUs E-8 and E-13 to run from September 1-January 31 st. Adding a PLO pronghorn season in DAU A-37. Adding in GMUs 49 and 500 to the pronghorn muzzleloader and rifle seasons in DAU A-30. Creating a regular rifle season for pronghorn hunting in GMUs 15, 26, and 231. Changing the season dates for the antlerless moose rifle hunt in GMUs 41, 42, and 421 to coincide with the 3 rd and 4 th rifle seasons for deer and elk. 15 11:15 (I) Danielle Isenhart, Chapter W-12 - Lake Licenses 2 CCR 406-12 and those related provisions of Chapter W-0 ( General Provisions 2 CCR 406-0) and Chapter W-1 ( Fishing 2 CCR 406-1) necessary to accommodate changes to or ensure consistency with Chapter W-12. (Step 1 of 2) Open for review of regulations in accordance with Executive Order D 2012-002 ( Regulatory Efficiency Reviews ) to determine if they should be continued in their current form, modified or repealed. Specific proposed changes include the following: Creating two aquatic species possession lists which outline the aquatic species that may be possessed by the public and those aquatic species that can be possessed by food production facilities. Allowing only certified triploid grass carp for stocking statewide. Modifying the definition of minnow. Changing the term for a private lake license from a lifetime to a ten-year license. Modifying the term facility in regards to viral hemorrhagic septicemia virus testing. 4
16 11:25 (I) Katie Lanter, Policy and Planning Supervisor 17 11:45 (I) David Piper, Park Manager Financial Sustainability Outreach Update North Sterling State Park Update 12:00 Lunch 18 1:00 (I) Justin Rutter, AD for Financial Services 19 2:00 (I) Dan Gates, Colorado Trappers Assoc. Financial Update Colorado Trappers & Predator Hunters Association 41 st Annual Convention and Rendezvous Overview 20 2:15 (I) Emily Orbanek, GOCO 21 2:30 (I) Fred Bunch, Chief of Resource and Management at GSD Nat l Park and Preserve 22 3:00 (A) Congressional Sportsmen s Foundation GOCO Update National Parks Service Ungulate Management Plan for Sand Dunes National Park Resolution in Support for Transfer of the Medano Ranch to the Great Sand Dunes National Preserve 3:15 Break 23 3:30 (I) Mike Delliveneri, Digital Marketing Specialist CPW Fishing App Overview 24 3:50 (A) Jay Cooper, Real Estate Specialist Plateau Creek SWA - Allen Family - Fee Title Acquisition (16-055) 25 4:00 (A) Jay Cooper, Real Estate Specialist Escalante SWA - Mika Ag. Fee Title Exchange (16-061) 26 4:10 (A) Jay Cooper, Real Estate Specialist AHRA - Grant Parcel - Fee Title Acquisition (15-084) 27 4:20 (I) Corrine Servis, Parks Training Manager Law Enforcement Branch Update 5:00 Recess 6:00 Community Dinner 5
Friday: November 17 th 7:30 Commissioners Breakfast # Time AGENDA ITEM 28 8:30 (I) Paul Wolf, CPW License Agent Coordinator 29 9:30 (I) Tyler Sewald, Acting Park Manager Active Network IPAWS Update Jackson Lake Update 30 9:45 (A) John Howard, Acting Chair 31 9:50 (A) John Howard, Acting Chair Consent Agenda New Officer Elections 10:00 Break 32 10:15 (I) Justin Rutter, AD for Financial Services CPW Budget Projections 33 11:00 (I) Public Comments, Input and Presentations 34 11:20 (I/A) Jackie Corday, Water Resources Section Manager Midwestern Farms RFP Public Access Easement (14-067) 35 11:40 (I/A) Nick Lopez, Assistant Attorney General Legal Report 12:30 Adjourn Conference with Assistant Attorney General Lopez in executive session to receive legal advice and discuss pending litigation pursuant to C.R.S. 24-6-402(3)(a)(II) on the following topics: o Colorado Parks and Wildlife v. 5 Star Feedlot, Inc. (Yuma County District Court, 16CV30022); o In re: Gunnison Sage-Grouse Endangered Species Act Litigation (Federal District Court Colorado, Case No. 1:15-cv-130CMA-STV); o Representative group requirements for rulemaking under C.R.S. 24-4-103(2). Except the time indicated for when the meeting is scheduled to begin, the times indicated on the Commission agenda for each agenda item are approximate and subject to change. Generally, upon completion of each agenda item, the Commission will immediately move to the next agenda item. However, the order of the agenda items is tentative and, when necessary to accommodate the public and Commission s schedules, the order of the agenda items is also subject to change. Members of the public wishing to provide comment to the Parks and Wildlife Commission on any topic not otherwise on the agenda can do so during the Public Presentations agenda item. However, comments are limited to no more than 3 minutes of time in which to address the Commission and all persons must submit a Request to Speak before the Parks and Wildlife Commission (blue) slip indicating the topic for comment prior to the start of the Public Presentations agenda item. Persons wishing to provide a presentation to the Parks and Wildlife Commission that exceeds 3 minutes in length or requires the use or provision of specialized equipment (slide show, power point, video, etc.) must submit a written request to the Chairman of the Commission at least thirty days in advance of the Commission meeting setting forth the subject matter of the presentation, the time requested and the equipment needed for the presentation. The granting of such requests is up to the discretion of the Chairman of the Commission. In all cases, the Parks and Wildlife Commission appreciates and encourages the provision of written materials on the subject matter of the comment or presentation prior to the meeting in question. NOTE: All programs, services and activities of Colorado Parks and Wildlife are operated in compliance with the Americans with Disabilities Act. If you need an accommodation as a result of a disability, please submit your request to Tracy Gripp, Colorado Parks and Wildlife, 6060 Broadway, Denver, CO 80216 or 303-291-7485 or tracy.gripp@state.co.us. To assure that Colorado Parks and Wildlife can meet your needs, please notify Tracy Gripp of your request at least seven working days prior to the scheduled event. (I) Information Item (A) Action Item 6
30 (A) Consent Agenda Proposed Parks and Wildlife Commission Consent Agenda November 16-17, 2017 In order to increase the Parks and Wildlife Commission s efficiency and allow more time for consideration of wildlife policy and contested issues, the listed items are noticed for action by the Commission as part of the November 2017 Consent Agenda. Note: The process for placing matters on the Consent Agenda is as follows: The Director identifies matters where the recommended action follows established policy or precedent, there has been agreement reached or the matter is expected to be uncontested and non-controversial. Staff will provide written memos to the Parks and Wildlife Commission members explaining the matters on the Consent Agenda. Copies of the memos will be available to the public. Matters on the Consent Agenda are noticed for hearing at the same time and in the same manner as other agenda items. If a member of the Commission requests further consideration of an item on the consent agenda, that item will be withdrawn from the Consent Agenda and discussed and acted upon as determined by the Commission. The Consent Agenda may be voted on without the necessity of reading individual items. Any Commission member may request clarification from the Director for any matter on the Consent Agenda. Habitat Partnership Program Committee Nominations 30.1 (A) Name Representing Committee Name Background Starting Date Brian Bechaver Colorado Parks and Wildlife Mount Blanca Replaces Jason Surface License Suspension Appeals * A yes vote will result in the original suspension handed out by the Hearings Office being upheld. 30.2 (A) Name Case # Suspension Cullen, Terry M. COS 7598 1 Year Hiscock, Dale W. DEN 7533 4 Years White, Scott A. LAM 7530 3 Years Wisneski, Robin R. DEN 7537 2 Years Upon Appointment Real Estate 30.3 (A) Project # Project Name 17-027 St. Vrain State Park - Oliver - Oil & Gas Lease 17-044 Lowell Ponds SWA - CDOT - Lease Termination 17-045 Mount Shavano SFU and Mount Shavano SWA - Chaffee County Road 154 - ROW 17-046 Mt. Ouray and Mt. Shavano SFUs - Yunikar - Easement Disposition Issues Identification 30.4 (I) Chapter W-2 - Big Game 2 CCR 406-2 and those related provisions of Chapter W-0 ( General Provisions 2 CCR 406-0) necessary to accommodate changes to or ensure consistency with Chapter W-2. (Step 1 of 2) Open for review of the entire chapter, including, but not limited to: Implementing a new archery bighorn ram season in combined units S26 and S70. Creating a split season for ram rifle hunting in unit S61. Making hunt codes DF038P5R and DF038L1R List C licenses. Amending the boundaries for Private Land Only (PLO) buck and doe hunt codes in GMU 38, with a new western boundary of Hwy 119. Making PLO doe licenses in GMUs 391 and 461 List C. Removing antlerless deer hunt codes in DAUs D-22 and D-25. Adding a 4 th season for buck hunting in DAU D-34. Changing the season dates for the Air Force Academy deer hunts to October 1-December 31 st. Changing the season dates for the late antlerless elk licenses in GMUs 50, 500, and 501 to open the Saturday before Christmas and run for nine consecutive days. Converting regular antlerless elk licenses in GMU 54 from List B to List A. Removing PLO hunt code EF065P5R. Removing GMU 521 from hunt code EF053P5R. 7
Changing all either-sex muzzleloader and first rifle elk licenses in GMUs 71, 72, 73, 74, 75, 77, 78, 711, 741, 751, and 771 to antlered or antlerless licenses. Reinstating doe pronghorn hunting in GMUs 101 and 102. Reorganizing the GMU groupings for the pronghorn muzzleloader season in DAU A-9 by grouping GMUs 3 and 301 together, 4 and 5 together, 214 and 441 together and 13 and 131 as standalone units. Creating separate antlerless moose hunt codes for GMUs 20 and 29. Separating GMUs in moose DAU M-12 into two hunt code groupings with GMUs 48, 481, 56, and 561 in one grouping and GMUs 55 and 551 in the other grouping End of Consent Agenda 8