Current through Register Vol. 47, No. 17, September 10, 2024
A. The following
are legal methods of take for all small game and furbearers listed in this
chapter, except as otherwise noted. Any method of take not listed herein shall
be prohibited, except as provided by statute or these regulations.
1. Any rifle or handgun.
2. Any shotgun.
3. Handheld bows and crossbows.
4. Any air gun, except that for coyote or
bobcat the air gun must be a pre-charged pneumatic air gun .25 caliber or
larger.
5. Slingshots only for
small game mammals listed herein.
6. Live traps (limited to cage or box traps)
for live capture and relocation.
B.
Special Conditions
1. Live Capture and Relocation
a. Unless relocation has been authorized,
small game and furbearers captured in live traps (limited to cage or box traps)
cannot be moved from the capture site and must be killed or released on site
when the trap is checked.
b. Except
as provided herein, a relocation permit is required to relocate all small game
and furbearers.
i. Tree squirrels, cottontail
rabbits, and raccoons trapped in cage or box traps may be relocated without a
permit provided the Division has been notified in advance; the relocation site
is appropriate habitat for the species; permission has been obtained from the
private landowner; and relocation occurs within 10 miles of the capture site
for squirrels and rabbits, and within two miles of the capture site for
raccoons.
ii. Relocation permit
applications must be submitted to and approved by the
Division prior to relocation. Permit approval or denial
shall be based on the following: size of the relocation site; proximity of the
site to public lands; habitat suitability and potential to support the
relocated species; escape control, including buffer zones and active control if
necessary; wildlife health and zoonotic disease concerns, and any other
appropriate wildlife management concerns. In addition, applications must be
submitted for all requests to move prairie dogs including modifications and
extensions for wild to wild relocation permits. Permits authorizing movement of
prairie dogs shall cost forty dollars ($40.00). Original applications shall
also include a management plan specifically addressing the applicant's long
term plans for the maintenance or control of the prairie dog population on the
property. For any species which, in accordance with the provisions of §
35-7-203, C.R.S., requires
approval of the county commissioners, the applicant shall also submit a copy of
the resolution as approved by the county
commissioners.
2. Labeling of traps- All live traps (limited
to cage or box traps) placed on public lands must be labeled permanently and
legibly with the trapper's Customer Identification Number (CID) in a location
that is visible without having to manipulate the live trap in any way. If the
trapper does not have a CID, all live traps placed on public lands must be
labeled with the trapper's name. Live traps not properly labeled may be
confiscated by any Wildlife Officer.
3. Capture of Non-Target Wildlife:
a. In the event of live capture of non-target
wildlife that is not a state or federally identified threatened, endangered, or
otherwise protected species, the non-injured wildlife shall be immediately
released. Injured wildlife shall be dispatched in accordance with the
provisions of regulation #303.E.5 or transported to a current CPW-licensed
wildlife rehabilitator. If the wildlife cannot be released without human
endangerment, the wildlife shall be dispatched in accordance with the
provisions of regulation #303.E.5.
b. If the non-target wildlife is a state or
federally identified threatened, endangered, or otherwise protected species,
the following provisions apply:
i. If the
non-target wildlife is uninjured and can be released without human
endangerment, the wildlife shall be immediately released.
ii. If the non-target wildlife cannot be
released without human endangerment or is injured refer to applicable state
and/or federal law pertaining to other disposition, reporting requirements and
penalties.
4.
Live Capture of Target Wildlife:
If the target depredating wildlife is taken alive, the
wildlife shall be dispatched in accordance with the provisions of regulation
#303.E.5, or the wildlife may be relocated if prior approval has been granted
by the Division as provided in regulation
#17122.B.1.
C.
Except as prohibited by federal, state, and local statutes or regulations,
toxicants or handheld devices designed to deliver into burrows and then ignite
a mixture of propane and oxygen, or similar combination of explosive gases, may
be used by a person, or a person's agent, to take Richardson's ground squirrel,
rock squirrel, thirteen-lined ground squirrel, pocket gopher, marmots,
black-tailed, white-tailed, and Gunnison prairie dogs where necessary to
control damage on land owned by them.
D. Furbearers may be taken using foothold
traps, any body-grip device, and cable device traps, when trapping is done in
accordance with the provisions of
33-6-204, C.R.S. (General
Exemptions);
33-6-205, C.R.S. (Exemption for
Departments of Health);
33-6-206, C.R.S. (Nonlethal
Methods Exemptions); or
33-6-207, C.R.S. (Exemptions for
Protection of Crops and Livestock); all of which are exemptions authorized by
Article XVIII, Section 12, of the Colorado Constitution; conditioned as
follows:
1. All foothold traps set on land
must be equipped with:
a) padded, laminated
or offset jaws;
b) anchor chains
attached to the center of the base plate of the trap; such chain shall have a
double swivel mechanism to prevent tangling of the chain;
c) a spring device which serves as a shock
absorber;
d) when anchored by a
stake, a chain of 30 inches or less must be utilized;
e) when anchored by a drag, a chain of six
feet or less must be utilized.
2. All enclosed foothold traps set on land
must be equipped with:
a) a chain or cable of
15 inches or less when anchored by a stake;
b) a center mounted anchor;
c) such chain or cable shall have a double
swivel mechanism to prevent entanglement;
d) when anchored by a drag, a chain or cable
of six feet or less must be utilized.
3. All foothold traps with an inside jaw
spread of 5 1/2 inches or greater and set on land must be equipped with a
pan-tension device set to a minimum release pressure of 3 1/2 pounds as tested
at the center of the pan.
4. All
pads on padded jaw traps must be maintained in good condition so as to
effectively minimize injury to the trapped animal.
5. Any foothold trap, enclosed foothold trap,
or any colony trap designed to be a drowning set, may be used as a drowning set
when trapping is done in accordance with the provisions of the Departments of
Health Exemption or the Exemptions for the Protection of Crops and
Livestock.
6. Nonlethal cable
device traps: when set on land must be equipped with an in line swivel placed
at least one (1) foot from the stake and with a stop designed to restrain
furbearers without suffocation, by preventing the cable device trap from
closing to a circumference of not less than 10.5 inches, except stops may be
set at a circumference of not less than 8.0 inches in areas and at times when
red fox are causing damage to livestock. All cable device traps must break away
at a maximum of 350 pounds of pull.
7. Lethal cable device traps: passive or
non-mechanical foot cable device traps are prohibited, except when trapping is
done in accordance with the provisions of the Departments of Health Exemption
or the Exemptions for the Protection of Crops and Livestock. Mechanical or
spring-powered foot cable device traps are permitted. All cable device traps
must break away at a maximum of 350 pounds of pull.
8. Body grip devices with a maximum jaw
spread of 8.5 X 8.5 inches or greater may not be used, except in water set, and
only when trapping is done in accordance with the provisions of the Departments
of Health Exemption or the Exemptions for the Protection of Crops and
Livestock.
9. Body grip devices
with a maximum jaw spread between 7.0 X 7.0 and 8.5 X 8.5 inches may not be
used, except in water sets, when set at least 5 feet above the ground, or when
set in devices designed to exclude dogs; and only when trapping is done in
accordance with the provisions of the Departments of Health Exemption or the
Exemptions for the Protection of Crops and Livestock.
10. Body grip devices used to take muskrat on
land must be a double-spring design and have a maximum jaw spread no greater
than 4.5 X 4.5 inches. A single-spring design with a maximum jaw spread no
greater than 4.5 X 4.5 inches is permitted for muskrat in submersion sets.
Provided further that any such use of body grip devices must be in accordance
with the provisions of the Departments of Health Exemption or the Exemption for
the Protection of Crops and Livestock.
11. To avoid the taking of river otter,
trapping in the following areas is prohibited except with:
a) padded, laminated, or off-set jaw
traps;
b) body grip devices with a
maximum jaw spread less than 7 X 7 inches in size; or
c) land or water set cable device traps with a closure
size of 16- inch circumference or larger. Provided further that padded,
laminated, or off-set jaw traps and cable device traps may not be used in
drowning sets, that padded, laminated, or off-set jaw traps and land set cable
device traps may only be set in accordance with the provisions of the
Departments of Health Exemption, Nonlethal Methods Exemption, or the Exemption
for the Protection of Crops and Livestock; and that water set cable device
traps and body grip devices may only be set in accordance with the provisions
of the Departments of Health Exemption or the Exemption for the Protection of
Crops and Livestock.
a. That
portion of the Gunnison River and five (5) miles upstream along each of its
tributaries in Montrose and Delta Counties from the Black Canyon of the
Gunnison National Park downstream to that point where the river meets Highway
92; and all lands within 100 yards of the high water line of this portion of
the Gunnison River and all tributaries thereof.
b. That portion of the Piedra River upstream
from Navajo Reservoir to the headwaters including East Fork and Middle Fork of
the Piedra River in Hinsdale and Archuleta counties and 9 miles upstream on the
First Fork. This restriction includes the following tributaries: Sand Creek,
Weminuche Creek, Little Sand Creek, Williams Creek and all lands within 100
yards of the high water line of the above waters.
c. The Dolores River from McPhee Reservoir
downstream to Bed Rock is closed within 100 yards of the high water
line.
d. The San Juan River from
Pagosa Springs downstream to the New Mexico state line is closed within 100
yards of the high water line.
12. On all public land or public easement
through private land the use of all traps except live traps is prohibited on or
within 30 feet of either side of officially designated and marked trails.
Provided further that foothold or cable device traps may only be set in
accordance with the provisions of the Departments of Health Exemption or the
Nonlethal Methods Exemption.
13.
The use of ground set foothold traps and cable device traps are prohibited
within 30 feet of the exposed carcass of any game wildlife or domestic animal.
Such traps may only be set in accordance with the provisions of the Departments
of Health Exemption, the Nonlethal Methods Exemption, or the Exemptions for the
Protection of Crops and Livestock.
a. For the
purpose of regulation #17122.D(13) only, "carcass" means the meat and internal
organs of game wildlife and domestic animals and does not include bones, hides
or other nonedible parts.
14. No foothold trap, enclosed foothold trap,
body grip device, or cable device trap, except for those lawfully placed on
private property, may be set within 50 feet of either side of the traveled
portion of any state highway, U.S. or Interstate highway, or any county road.
Such traps may be set on public land in accordance with the provisions of the
Departments of Health Exemption.
15. To avoid the taking of kit fox, all
foothold traps used within the area designated below must be set with a pan
tension device that requires a minimum of 3 1/2 pounds of force to activate the
trap. Except for water or tree sets, body grip devices are prohibited within
the following area: That portion of Delta, Mesa and Montrose counties bounded
on the north by the Mesa-Garfield county line from the Utah state line east to
U.S. Interstate 70; bounded on the east by U.S. Interstate Highway 70 from the
Mesa-Garfield county line to Colorado State Highway 65; from Colorado State
Highway 65 to its junction with the northern boundary of the Grand Mesa Forest
and following the boundary line west, south and then east to its junction with
Colorado State Highway 65, from Colorado State Highway 65 to its junction with
the Gunnison River, from the Gunnison River to Colorado State Highway 347, from
Colorado State Highway 347 to its junction with U.S. Highway 50; bounded on the
south by U.S. Highway 50 from its junction with Colorado State Highway 347 to
the Gunnison River, from the Gunnison River to its junction with the Colorado
River, from the Colorado River to the Utah state line; and bounded on the west
by the Utah state line. Provided further that any such trapping must be done in
accordance with the provisions of the Departments of Health Exemption, the
Exemptions for the Protection of Crops and Livestock and the Nonlethal Methods
Exemption.
E.
Thirty (30) Day Trapping Period for Livestock and Crop Protection
1. Landowners and others authorized by
statute who are trapping pursuant to
33-6-207, C.R.S. must notify the
Division in accordance with
33-6-208, C.R.S. All definitions
and other provisions will be in accordance with
33-6-208, C.R.S, and
35-40-100.2 -115,
C.R.S.
F.
Baits
1. Furbearers may be taken
with the aid of baiting. Where permitted, baits shall consist solely of
material of animal or plant origin and shall not contain any materials of
metal, glass, porcelain, plastic, cardboard or paper. Wildlife used as bait
shall be the carcass, or parts thereof, of legally taken furbearers, carp,
shad, white and longnose suckers, and nonedible portions of legally obtained
game mammals, birds and game fish.
G.
Checking Frequencies
1. All live traps (limited to cage or box
traps) must be visually checked on site at least once every day, except under
the provisions of #17122.G(3) below.
2. All foothold traps, non-lethal cable
device traps, lethal cable device traps, body grip devices and drowning sets
when used in accordance with the provisions of the General Exemptions,
Departments of Health Exemption or the Nonlethal Methods Exemptions must be
visually checked on site at least once every day. In the Canada lynx recovery
area or on properties known to be occupied by Canada lynx the checking
frequency is at least every 24 hours.
3. All live traps (limited to cage or box
traps), foothold traps and non-lethal cable device traps set in accordance
within the provisions of the Exemptions for Protection of Crops and Livestock,
must be visually checked on site at least three times per week; twice, 2 days
apart and once, 3 days apart in any seven-day period (any combination of
2-2-3).
4. All lethal cable device
traps, body grip devices, and drowning sets set in accordance with the
provisions of the Exemptions for Protection of Crops and Livestock must be
visually checked on site at least once every 7 days.
H.
Artificial light (private
land) may be used at night to take beaver, bobcat, coyote, gray fox,
raccoon, red fox, striped skunk and swift fox on private land with permission
of the landowner, designated agent, lessee, or authorized employee, or with
written authorization for an identified designee. Any such authorization shall
contain: the designee's name; the name of the property owner, operator, or
lessee; identify the target depredating wildlife; and specify the time period
and geographic area in which the identified designee is authorized to take
control measures. An identified designee shall not pay, nor shall the property
owner, operator, or lessee accept payment from an identified designee for the
right to act as an identified designee. Nothing herein prohibits the property
owner, operator, or lessee from paying an identified designee for services.
Wildlife Services, the Colorado Department of Agriculture, or any other
government agency shall not be an identified designee.
I.
Artificial light (public
land) An owner of livestock, or the employees or designated agents of
such owner or lessee, or an identified designee may also use artificial light
on public lands when taking depredating wildlife on the public land they have
an active lease or on adjacent public lands to that lease where depredation has
occurred or is occurring, except as follows:
1. During the 24-hour period prior to and
during any regular deer, elk, or pronghorn rifle season and during the 24-hour
period prior to and during the opening weekend of any grouse, pheasant, quail,
turkey, or waterfowl season, unless prior authorization is obtained from the
Division; or
2. In any areas where
human safety would be jeopardized.
Written authorization is required for any identified
designee. Any such authorization shall contain: the designee's name; the name
of the property owner, operator, or lessee; identify the target depredating
wildlife; and specify the time period and geographic area in which the
identified designee is authorized to take control measures. An identified
designee shall not pay, nor shall the property owner, operator, or lessee
accept payment from an identified designee for the right to act as an
identified designee. Nothing herein prohibits the property owner, operator, or
lessee from paying an identified designee for services. Wildlife Services, the
Colorado Department of Agriculture, or any other government agency shall not be
an identified designee.
