2 Colo. Code Regs. § 406-17-17122

Current through Register Vol. 48, No. 1, January 10, 2025

Section 2 CCR 406-17-17122 - MANNER OF TAKE

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.

2 CCR 406-17-17122

40 CR 23, December 10, 2017, effective 1/1/2018

42 CR 23, December 10, 2019, effective 1/1/2020

46 CR 11, June 10, 2023, effective 7/1/2023