8 Colo. Code Regs. § 1201-12, pt. 3.00

Current through Register Vol. 47, No. 22, November 25, 2024

Part 3.00 - CONTROL OF DEPREDATING ANIMALS EXCEPT BLACK BEARS AND MOUNTAIN LIONS

3.1. An owner or lessee of a parcel of private property, or the employees of such owner or lessee, or an identified designee may use body grip device traps, cable device traps, enclosed foothold device traps and foothold traps on the parcel of private property so long as the following conditions are met as provided by § 33-6-207(1), C.R.S.:

3.1.1. The property is primarily used for commercial livestock or crop production; and

3.1.2. The use of the methods otherwise prohibited by § 33-6-203, C.R.S., occurs only on the property; and

3.1.3. Such use does not exceed one thirty-day period per year for each parcel of private property; and

3.1.4. The owner or lessee can present on-site evidence to CPW that ongoing damage to livestock or crops has not been alleviated by the use of methods other than those prohibited by § 33-6-203, C.R.S.

3.2. Foothold Traps

3.2.1. All foothold traps set on land must be equipped with:

3.2.1.1. Padded, laminated or offset jaws; and

3.2.1.2. 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; and

3.2.1.3. A spring device which serves as a shock absorber; and

3.2.1.4. When anchored by a stake, a chain of 30 inches or less must be utilized; or

3.2.1.5. When anchored by a drag, a chain of six feet or more must be utilized.

3.2.2. All enclosed foothold traps set on land must be equipped with:

3.2.2.1. A center mounted anchor; and

3.2.2.2. The chain or cable shall have a double swivel mechanism to prevent entanglement; and

3.2.2.3. When anchored by a stake, a chain or cable of 15 inches or less must be utilized, or

3.2.2.4. When anchored by a drag, a chain or cable of six feet or more must be utilized.

3.2.3. 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.

3.2.4. All pads on padded jaw traps must be maintained in good condition so as to effectively minimize injury to the trapped animal.

3.2.5. Foothold traps, enclosed foothold traps, body grip devices, or cable device traps, may not be used within 30 feet of either side of a public trail easement across private lands.

3.3. Nonlethal Cable Device Traps

3.3.1. Nonlethal cable device traps 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.

3.4. Lethal Cable Device Traps

3.4.1. All lethal cable device traps must break away at a maximum of 350 pounds of pull.

3.5. Body Grip Devices

3.5.1. Body grip devices with a maximum jaw spread of 8.5 X 8.5 inches or greater may not be used, except in a water set.

3.5.2. 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.

3.5.3. 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.

3.6. Checking frequencies

3.6.1. All foothold traps, live traps (limited to cage or box traps) and non-lethal cable device traps must be visually checked on site at least three times per week; twice, two days apart and once, three days apart in any seven-day period (any combination of 2-2-3).

3.6.2. All lethal cable device traps, body grip devices, and drowning sets must be visually checked on site at least once every seven days.

3.6.3. Upon checking any animals found in traps specifically designed not to kill shall either be released or humanely killed and removed, as set forth in Parts 4, 5, and 6 below.

3.7. Control method restrictions in kit fox and river otter areas

3.7.1. To avoid the taking of river otter, trapping in the areas set forth in 3.7.1.1 through 3.7.1.4 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.

3.7.1.1. That portion of the Gunnison River and five 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.

3.7.1.2. 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 nine 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.

3.7.1.3. The Dolores River from the McPhee Reservoir downstream to Bed Rock within 100 yards of the high water line.

3.7.1.4. The San Juan River from Pagosa Springs downstream to the New Mexico-Colorado state line within 100 yards of the high water line.

3.7.2. To avoid the taking of kit fox, all foothold traps used within the area designated in this paragraph 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 areas:

3.7.2.1. 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 70 from the Mesa-Garfield County line to Colorado State Highway 65;

3.7.2.2. 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;

3.7.2.3. 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; and bounded on the south by U.S.

3.7.2.4. 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.

3.8. Use of Carcass

3.8.1. Foot hold or lethal traps, lethal or non-lethal cable devices traps, body grip devices, and M-44 devices (a specific predacide device) may not be set within 30 feet of an exposed carcass that is plainly visible from above, except as provided in Part 7.2.2.

3.9. Registered Predacides

3.9.1. Predacides may be used on private property by certified APHIS Wildlife Services employees or other certified persons authorized pursuant to the Pesticide Applicators' Act, § 35-10-101, C.R.S. and in accordance with the product label directions so long as all of the following conditions are met:

3.9.1.1. The property is primarily used for commercial livestock or crop production; and

3.9.1.2. The use of the methods otherwise prohibited by § 33-6-203, C.R.S., occurs only on the owner or lessee's property; and

3.9.1.3. Such use does not exceed one thirty-day period per year for each parcel of private property; and

3.9.1.4. The owner or lessee can present on-site evidence to CPW that ongoing damage to livestock or crops has not been alleviated by the use of methods other than those prohibited by § 33-6-203, C.R.S.

3.10. Dogs

3.10.1. Guard dogs, decoy dogs, coursing dogs, and trailing dogs are allowed. Incidental take by these dogs is not unlawful.

3.11. Aircraft

3.11.1. Prior to using aircraft, the person who desires to use the aircraft must make a request in writing to the Commissioner. The Commissioner will approve or disapprove the request. In making this decision, the Commissioner shall consider such factors as, but not limited to, the person's training and expertise in taking depredating animals by aircraft, as well as the geographical location where use is to occur. Any such request shall include proof of landowner permission to fly over and discharge firearms on all property in the defined geographical area.

3.11.2. Aircraft may only be utilized for taking depredating coyotes, red fox, and feral swine in areas where depredation by these species has historically occurred or is occurring.

3.11.3. The authorization to use aircraft will expire within a specified period of time, as set by the Commissioner. Renewals are at the discretion of the Commissioner.

3.11.4. The take of any depredating coyote, red fox, or feral swine by aircraft shall be reported to the Commissioner within 15 days after the authorization to use aircraft expires and shall include all information requested by the Commissioner.

3.12. Artificial light

3.12.1. An owner or lessee of a parcel of private property, or the employees of such owner or lessee, or identified designee may use artificial light on private land where depredation has occurred or is occurring.

3.12.2. An owner of livestock, or the employees of such owner or lessee, or identified designee may also use artificial light on public lands when taking depredating animals where depredation has occurred or is occurring, except:

3.12.2.1. 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 Commissioner with notification to CPW; or

3.12.2.2. In any areas where human safety would be jeopardized.

3.13. Where documented historical damage has occurred, or is occurring, Wildlife Services is authorized to take depredating animals under this Part 3 to allow effective take of the animal(s) that pose a threat. This authorization may be modified by the Commissioner through written agreements if such modification facilitates effective control measures.

8 CCR 1201-12, pt. 3.00

41 CR 23, December 10, 2018, effective 12/30/2018

43 CR 13, July 10, 2020, effective 7/30/2020