Section 33-4-103 - Landowner preference for hunting license - legislative declaration - rules(1)Legislative declaration.(a) The general assembly hereby finds, determines, and declares that the wildlife resources of the state are in danger of decline from increasing population pressures and the loss of wildlife habitat. In order to encourage private landowners to provide habitat that increases wildlife populations for the benefit of all hunters, discourage the harboring of game animals on private lands during public hunting seasons, and relieve hunting pressure on public lands by increasing game hunting on private lands, the general assembly finds that it is necessary to provide an incentive-based system to landowners to provide habitat for wildlife through a hunting license allocation program that allows hunters access to the state's wildlife under the cooperative control of the private landowner.(b) The landowner preference program is designed to encourage hunter access to private land by enabling landowners to apply for licenses using applications based upon land ownership and wildlife benefit.(2)Eligibility.(a) A landowner who is an owner, as shown by a recorded deed, of a parcel of agricultural land of one hundred sixty acres or more and whose land meets the following requirements is eligible for the landowner preference program, also referred to in this section as the "program". The land must:(I) Be inhabited by the species being applied for in significant numbers throughout the year or in substantial numbers for shorter times;(II) Provide for the species being applied for wintering habitat, transitional habitat, calving areas, solitude areas, migration corridors, or an important food source; and(III) Have a history of game damage or a huntable population of the species being applied for.(b) For owners of one hundred sixty to six hundred thirty-nine acres, the division shall verify the size of the property and that the property meets the eligibility requirements of this subsection (2) before issuing the applications under subsection (3) of this section.(c) Owners of properties registered under the "wildlife conservation application program" that existed prior to July 1, 2013, remain eligible to participate in the program until the earlier of: (II) The date when the ownership of the property is transferred to a person who is not within the immediate family of the owner; or(III) The date when the owner of land no longer is in compliance with this section or any rule promulgated under this section.(3)Applications - availability.(a) After determining a landowner is eligible and in compliance with this section, the division shall issue the landowner applications for licenses permitting the hunting of deer, elk, pronghorn, and such other species, except for moose, rocky mountain big horn sheep, desert big horn sheep, and rocky mountain goat, that meet the commission's animal management objectives for the game management unit where the property lies, in an amount determined by this subsection (3).(b)(I) In game management units west of interstate highway 25: (A) Ten percent of the number of licenses established for each management area where firearm hunting licenses are totally limited are available for eligible landowners; and(B) An additional ten percent of the number of licenses established for each management area where firearm hunting licenses are totally limited are available for eligible landowners if these licenses are restricted to use on private land in the designated management area.(II) In game management units east of interstate highway 25:(A) Fifteen percent of the number of licenses established for each management area where firearm hunting licenses are totally limited are available for eligible landowners; and(B) An additional ten percent of the number of licenses established for each management area where firearm hunting licenses are totally limited are made available for eligible landowners if these licenses are restricted to use on private land by the applicant's immediate family members or youth under eighteen years of age.(III) The division shall make licenses not used by eligible landowners available to the general public.(c)(I) The applications available under this subsection (3) are allocated to a participant based upon the following schedule:(A) For owners of one hundred sixty to one thousand two hundred thirty-nine acres, one application;(B) For owners of six hundred forty to one thousand two hundred thirty-nine acres, an additional application for a license restricted to private land if the division has verified that the land meets the conditions required for eligibility under paragraph (a) of subsection (2) of this section; and(C) For owners of one thousand two hundred forty or more acres, one additional application for each additional six hundred acres more than one thousand two hundred forty acres, not to exceed nineteen applications or the limit imposed by subparagraph (II) of this paragraph (c).(II) Landowners may obtain more than eight applications only if the division has verified that the land is the size reported by the landowner and meets the conditions required for eligibility under paragraph (a) of subsection (2) of this section.(4)Requirements - vouchers. In addition to the limitation on the number of applications available under the program, the program has the following additional requirements and authorizations:(a) Successful applicants receive a voucher that may be transferred to any person who is eligible for a big game license for that species, to be used for the purchase of a license to be used only within the applicant's game management unit for that species and in accordance with any restrictions imposed by this section.(b) The transfer of a license voucher by a landowner must include permission to access and hunt the lands yielding the license under the program during the entire season that the license is issued. The permission must not discriminate among hunters entering the property or contain restrictions other than manner of access, including foot, horseback, or vehicular restrictions reasonably necessary to prevent damage to property.(c) Except as authorized by paragraph (a) of this subsection (4), a voucher that has been transferred by any person who is not the landowner or land manager is void. A voucher that is brokered for another person is void. A hunting license obtained for use with a void voucher is also void.(d) If a landowner submits one or more applications that fail to yield a license, the division shall give a preference in succeeding years to one application of that landowner for each application of the same landowner that failed to yield a license.(e)(I) In game management units where hunting is totally limited for a species, and where eligible landowners do not use the number of landowner preference licenses established for a species for that management area, the division shall make the unused licenses available to private landowners in that particular game management unit or data analysis unit as a first priority before making them available to the general public hunter.(II) A landowner may receive no more than three times the number of leftover applications than the number of initial applications authorized under paragraph (c) of subsection (3) of this section.(f) If a landowner or hunter fails to comply with this section or any rule promulgated under this section, the division may disqualify the person from participation in the program for up to five years.(5) The commission shall adopt rules to implement this section prior to July 1, 2014.Amended by 2013 Ch. 244, § 1, eff. 8/7/2013.L. 69: R&RE, p. 436, § 1. C.R.S. 1963: § 62-11-3. L. 72: p. 333, § 31. L. 75: Entire section amended, p. 1307, § 8, effective July 14. L. 84: Entire section R&RE, p. 920, § 5, effective 1/1/1985. L. 2000: (3) added, p. 1590, § 1, effective June 1. L. 2005: IP(1) and (3)(c)(I) amended, p. 475, § 7, effective 1/1/2006. L. 2008: (3)(d)(I) amended, p. 535, § 2, effective August 5. L. 2013: Entire section amended, (SB 13-188), ch. 244, p. 1177, § 1, effective August 7.This section is similar to former § 33-4-105.5 as it existed prior to 1984.
For the legislative declaration contained in the 2008 act amending subsection (3)(d)(I), see section 1 of chapter 158, Session Laws of Colorado 2008.