2 Colo. Code Regs. § 406-2-211
Current through Register Vol. 48, No. 1, January 10, 2025
Section 2 CCR 406-2-211 - BIGHORN SHEEP ACCESS PROGRAMA. Implementation Authority 1. The Director is authorized to implement the Bighorn Sheep Access Program (BSAP), including the authority to determine private land enrollment status, enter into cooperative agreements with legal landowners, establish and modify public and private season dates on each property, and establish and modify license allocations to each property including the subsequent distribution of licenses to the public and private share, and may establish additional BSAP operating guidelines subject to the following provisions. All new or renewed contracts must be signed by the Director by October 15 in order to participate in the program the following year.
B. Property Enrollment Constraints1. Properties must have a minimum of 5,000 acres of privately owned land.2. Except under the provisions of regulation #211(E)(5), there must be a sustainable population of Rocky Mountain bighorn sheep that are predictably present on the private lands and at times for which public hunting seasons may be set. All sheep on the property must be a part of a single bighorn sheep herd (DAU). Land under contract may not cross sheep herd boundaries. At least 60% of the sheep herd within the bighorn sheep game management unit to be hunted must be located on private land or State Trust Land.3. Properties may not charge public hunters an access fee for hunting.4. Except as agreed to in writing by the Division, enrolled properties must provide for equality of access in terms of geographical area and mode of transportation for both public and private hunters. No closure or restriction of land or roads shall apply to public hunters that do not also apply to private hunters.5. Public hunts must be established at a time when sheep are present and available for harvest. No public seasons shall be established during times when normal winter conditions would prevent access to most of the property, nor when normal migration patterns would result in sheep having migrated off the property.6. Ranches that establish coinciding or overlapping public and private hunts may not exclude public hunters from any portion of the property due to the presence of private hunters.7. The private landowner(s) will provide to each public hunter a property information packet which includes, but is not limited to, property maps showing access routes and camping areas, and landowner contact information.8. Enrolled properties shall not be eligible for game damage payments or materials for damage caused by Rocky Mountain bighorn sheep.C. Cooperative Agreements, Enrollment, Termination of Enrollment1. The Division is authorized to enter into cooperative agreements with private property owners. Multiple private property owners may participate in the program under a single contract as long as all legal owners agree to the same terms and requirements.2. The Division shall establish minimum performance standards or requirements for properties enrolled in the program. Such performance standards shall be incorporated into the cooperative agreement with each property owner(s). Each cooperative agreement will include an option to renew at the end of the contract period if agreed to by both the Division and private landowner.3. Each cooperative agreement will also contain a termination clause. Potential termination will be based on public hunter satisfaction that is within the control of the property owner or manager. No future private ram licenses will be allocated to a property after their contract is terminated.D. Season Structures, Manner of Take, License Restrictions1. Public and private seasons opening and closing date parametersa. Ram seasons may not begin before August 1 and may not extend beyond December 31.b. Ewe seasons may not begin before September 1 and may not extend beyond January 15.c. Public ram seasons shall always precede private ram seasons. When necessary for private and public seasons to be conducted in the same year, public ram seasons will occur prior to private seasons.2. Private season lengtha. Private ram seasons shall not be less than 20 days nor greater than 60 days.3. Public season length a. Public ram seasons shall be equal or greater in length to the private ram seasons, but not less than 30 days nor greater than 60 days. If multiple ram seasons are necessary to spread out hunting pressure, then season length may be shortened to not less than 20 days per season.b. Ewe seasons shall be not less than 10 days in length with no more than a 5 day overlap with public ram seasons.4. Method of take for ram hunting will be hunter's choice in accordance with regulation #203 of this chapter. Method of take for ewe hunting will be determined by contract negotiation.5. License Restrictionsa. BSAP licenses are the only licenses valid for hunting sheep on the property, except that auction and raffle licenses may be used when there is not a public season in progress on the property.E. License Allocation 1. Division staff recommendations regarding license allocations for each property shall be approved by the Director.2. All ewe licenses allocated are public licenses. The Division shall determine if ewe hunting is needed or desired for sheep management on the property.3. The public share of the licenses in the following distribution table represents the minimum number of licenses provided to the public. Fractions of licenses shall be rounded up for public distribution licenses. | ROCKY MOUNTAIN BIGHORN SHEEP |
Private Share of Licenses | Public Share of Licenses |
% of total allocation to each enrolled property | % of total allocation to each enrolled property |
Option | Ram | Ewe | Ram | Ewe |
A | 67 | 0 | 33 | 100 |
B | 75 | 0 | 25 | 100 |
C | 50 | 0 | 50 | 100 |
4. Enrolled properties with a sustainable Rocky Mountain bighorn sheep population already present will have the choice between two license distribution options (option A or B). In order to receive the license allocation percentages listed in option B, a competent, skilled guide will be provided for free to the public ram hunter. The guide must be competent and knowledgeable of the property and of bighorn sheep behavior and use patterns on the property. The guide provided to the public ram hunter must be the same guide provided to the private ram hunter, unless otherwise agreed to in writing by the Division. In order to receive the license allocation percentages listed in option A, each public sheep hunter will receive free access to the property and a free area for camping if the property is located 40 minutes or more from public accommodations. No free guiding services are provided under option A.5. Option C is available for property owners who would like their land evaluated for bighorn sheep transplant or augmentation for inclusion in the BSAP under option C. Notice of interest must be submitted in writing to the local district wildlife manager by April 1 annually. If the Division approves the transplant and property enrollment, the Division and landowner will share the costs of the trap and transplant operation. Prior to the transplant, the Division and the ranch will enter a cooperative agreement under option C. The cooperative agreement will extend 10 years beyond the time of transplant. The cooperative agreement may be amended to extend it for additional years if hunting was not initiated within the 10-year cooperative agreement period. When the Division and property owner determine that the herd can sustain hunting harvest, the original cooperative agreement will be amended to include provisions for season dates, licenses and any bighorn sheep habitat management plans agreed to by the landowner and the Division. When hunting is initiated, ram licenses will be issued at a 1:1 public/private ratio for 10 hunting seasons. After the 10 hunting seasons, the landowner may choose to withdraw from the program or re-enroll in a new contract under option A or B.6. Public ram hunters will be allowed to bring a maximum of two additional non-hunting persons with them onto the property during their hunt. Ewe hunters will be allowed to bring a maximum of one additional non-hunting person with them onto the property during their hunt.7. Landowners are not required to provide pre-draw or pre-season scouting access in any license allocation option.F. License Distribution1. Applications a. Applications for private ram licenses stamped with the ranch name and season dates shall be available to the landowner for distribution.b. Public hunter licenses shall be available through application and selection from the Division during the annual limited license drawing process.37 CR 19, October 10, 2014, effective 11/1/201437 CR 23, December 10, 2014, effective 1/1/201538 CR 03, February 10, 2015, effective 3/2/201538 CR 07, April 10, 2015, effective 5/1/201538 CR 11, June 10, 2015, effective 7/1/201538 CR 19, October 10, 2015, effective 11/1/201538 CR 23, December 10, 2015, effective 1/1/201639 CR 03, February 10, 2016, effective 3/1/201639 CR 07, April 10, 2016, effective 5/1/201639 CR 11, June 10, 2016, effective 7/1/201639 CR 13, July 10, 2016, effective 8/1/201639 CR 23, December 10, 2016, effective 1/1/201740 CR 03, February 10, 2017, effective 3/2/201740 CR 05, March 10, 2017, effective 5/1/201740 CR 07, April 10, 2017, effective 5/1/201740 CR 11, June 10, 2017, effective 7/1/201740 CR 23, December 10, 2017, effective 1/1/201841 CR 03, February 10, 2018, effective 3/2/201841 CR 07, April 10, 2018, effective 5/1/201841 CR 11, June 10, 2018, effective 7/1/201841 CR 19, October 10, 2018, effective 11/1/201841 CR 23, December 10, 2018, effective 1/1/201942 CR 03, February 10, 2019, effective 3/2/201942 CR 11, June 10, 2019, effective 7/1/201942 CR 23, December 10, 2019, effective 1/1/202043 CR 03, February 10, 2020, effective 3/1/202043 CR 11, June 10, 2020, effective 6/30/202043 CR 11, June 10, 2020, effective 7/1/202043 CR 19, October 10, 2020, effective 3/1/202144 CR 03, February 10, 2021, effective 3/2/202144 CR 07, April 10, 2021, effective 5/1/202144 CR 11, June 10, 2021, effective 7/1/202144 CR 23, December 10, 2021, effective 1/1/202245 CR 03, February 10, 2022, effective 3/2/202245 CR 07, April 10, 2022, effective 5/1/202245 CR 11, June 10, 2022, effective 7/1/202245 CR 23, December 10, 2022, effective 1/1/202346 CR 03, February 10, 2023, effective 3/2/202346 CR 07, April 10, 2023, effective 5/1/202346 CR 11, June 10, 2023, effective 7/1/202347 CR 03, February 10, 2024, effective 3/1/2024