Code of Colorado Regulations
400 - Department of Natural Resources
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
2 CCR 406-17 - CHAPTER W-17 - DAMAGE CAUSED BY WILDLIFE
Article I - GENERAL PROVISIONS
Section 1705 - UNREASONABLE RESTRICTION ON HUNTING
Universal Citation: 400 CO Code Regs 1705
Current through Register Vol. 47, No. 17, September 10, 2024
A. No claim for big game damage will be approved where the claimant or other person who controls the land where damage occurred has unreasonably restricted hunting for the species causing damage unless the claimant shows that he or she have not unreasonably restricted hunting for the specific group of animals causing damage. Whether or not an unreasonable restriction of hunting has occurred will be determined by the following procedure:
1.
The percentage and number of big game animals to be harvested in each
Management area (DAU) will be established annually by the Wildlife
Commission.
2. Upon request by the
landowner, the Division shall provide to such landowner the number of big game,
by species, anticipated on his property, property under his control and private
and public property to which he controls access during the hunting season and
the percent and number of such big game to be harvested. Such notice shall be
in writing and shall be a basis for establishing a reduction in a necessary
harvest of wildlife.
3. The
claimant shall be responsible to prove that the percentage of big game
harvested, during the big game hunting seasons in the twelve (12) months
previous to his filing of a damage claim, was not substantially lower than the
percentage described in (1) or (2) above. Proof provided pursuant to this
subsection by the claimant may include any one of the following: (such proof
shall be required only for lands in the same management area (Data Analysis
Unit) where the damage occurred and only for the species causing damage):
a. A statement that big game hunting access
was not prohibited to any person on or across lands under his control or the
control of the owner of the private land where damage has occurred except where
hunting would create an obvious or immediate risk of injury or death to
persons, damage or death to livestock congregated in a concentrated area, or
other significant property damage.
b. Actual counts of big game animals during
each hunting season for all areas to which he or the owner of the private lands
where damage has occurred, controlled access and documentation of big game
taken by hunters, including a list of numbers and species of big game and
indicating that the percentage described in (1) is substantially met on such
areas.
c. Documentation sufficient
to establish that the failure to achieve the necessary harvest was due to
factors outside the control of the claimant (or the lessor).
d. Evidence that the number of big game
harvested on lands to which he, or the owner of the private lands where damage
has occurred, controlled access was not substantially less than the value
established pursuant to #1705(a)(2).
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