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Late Youth Elk Hunt Changes

By Wildlife Lawyer on February 13, 2013

For those of you who have been taking advantage of the extra seasons for youth hunters, make sure to look at the changes in this years big game brochure.

"Colorado Parks and Wildlife’s late youth elk seasons have been successful at getting young hunters in the field while helping reduce elk overpopulation in parts of the state." It appears from this article that elk populations are coming in line with long-term goals. As a result, the youth hunting seasons are changing and there may be new requirements regarding draws for youth hunts. As the April application deadline approaches be sure to review the new rules so your young hunter doesn’t miss out.

For details on changes to the youth late season elk hunts, see page 4 of 2013 Colorado Big Game brochure.

http://wildlife.state.co.us/Hunting/BigGame/Pages/LateYouthHunts.aspx

Chad M. Biggerstaff, Esq.

Posted in: Hunter Education

Permits for Private-Property Elk, Mule Deer Hunts in Meeker, CO Available

By Wildlife Lawyer on October 10, 2012

From the Steamboat Pilot and Today:

Steamboat Springs — The Colorado Division of Parks and Wildlife and the Miller Creek Ranch in Meeker are offering big-game hunters an opportunity to apply for a limited number of private-property elk and mule deer hunts beginning Nov. 3, according to a news release.

Interested hunters must submit an application by 5 p.m. Wednesday to Colorado Parks and Wildlife — Meeker Office, Attn: Bailey Franklin/Special Miller Creek Ranch Hunts, P.O. Box 1181, Meeker, CO 81641. The application can be found at https://cpw.state.co.us/.

Nine hunts will be available to hunters who already have drawn limited deer and elk licenses for Game Management Unit 23 during the 2012 big-game hunting seasons. In addition, one public bull elk hunt will be available to any big-game hunter who plans to purchase an unlimited, over-the-counter bull elk license for the third rifle season in 2012.

Colorado House Bill 1330: New Hunter Appeals Process

By Wildlife Lawyer on May 9, 2012

On April 25, the Colorado House of Representatives passed House Bill 1330. Championed by State Representative Jon Becker, House Bill 1330 would create an appeals process for Colorado hunters and anglers with suspended hunting or fishing licenses.

Specifically, the Bill would give a person with a hunting or fishing license suspension the ability to petition the commission of wildlife to reinstate their privileges. A hunter or angler could petition the commission up to three times after half of their suspension was served if the commission determines that the outdoorsman in question is unlikely to offend again, has maintained a clean record since receiving the suspension, and finally, only if the suspension is their first. In the alternative, if the suspension is a lifetime suspension, a person can only petition after 10 years of the suspension has been served.

If the commission determines that the suspension should be administratively ended, the Bill allows the commission to order a $300.00 maximum fee, 40 hours of service on wildlife projects, or the completion of an educational course to be determined by the Commission.

The Bill could completely change the legal landscape for first-time violators. Prior to this Bill, a hunter or outfitter would face significant administrative penalties without an appropriate recourse. In Mr. Becker’s own words, "[t]his bill gives hunters and anglers in Colorado an avenue for appeal they’ve never had before. House Bill 1330 affords sportsmen a hearing process that will help them pursue their passion for years to come if no wrongdoing can be found."

Not only does this bill give a hunter or angler the ability to continue to hunt or fish in Colorado, but it would also affect his or her rights in other states under the Wildlife Violator Compact. In other words, if a violation occurred in Colorado, the other 35 states could choose to adopt any suspension levied by Colorado. Similarly, if Colorado chooses to reinstate a hunter’s privileges, other states will also likely be forced to consider the same. In fact, states across the board may begin following Colorado’s lead.

House Bill 1330 now moves to the Senate for further consideration.

Stay tuned. We’ll follow this one for you and keep you posted.

Good Hunting.

Cody Doig, Esq.

Ted Nugent “Blindsided” by Game Law

By Wildlife Lawyer on April 25, 2012

Famed rock musician, conservationist, and political activist Ted Nugent pleaded guilty on Tuesday to a federal wildlife violation after he failed to recover a wounded black bear three years ago on an archery hunt in Alaska. Mr. Nugent agreed to pay $10,600.00 in fines and restitution and stated "I’m afraid I was blindsided by this, and I sincerely apologize to everyone for it."

Mr. Nugent, even as a well-traveled and savvy hunter, was "blindsided" by a labyrinth of hunting rules and regulations. Alaska, like every other state, gives each hunter the affirmative responsibility to know the laws that control every hunt. In Mr. Nugent’s case, he was responsible for knowing that even "wounding" a bear in Alaska is the functional equivalent of "taking" a bear and would satisfy Mr. Nugent’s bag limit even if the bear was never recovered. See Alaska Hunting Regulations here. Ignorance of the law is no defense and mistakes of this caliber can cost you thousands of dollars in fines, and perhaps more importantly, your hunting privileges.

Mr. Nugent’s case, however unfortunate, clarifies an extremely important lesson. Hunters, unlike football players or boxers, must heavily rely on their moral compass to decipher right and wrong. As Aldo Leopold observed in his flagship work, A Sand County Almanac:

"[a] peculiar virtue in wildlife ethics is that the hunter ordinarily has no gallery to applaud or disapprove of his conduct. Whatever his acts, they are dictated by his own conscience, rather than by a mob of onlookers. It is difficult to exaggerate the importance of this fact."

Already, hunting forums across the internet rage about whether and for how long Mr. Nugent should have followed the wounded bear and if he should have hung up his bow REGARDLESS of whether it was illegal to take another bear. See, https://www.monstermuleys.info/xf/threads/nugent-guilty-again.14426/. Hunters across the country offer different perspectives and most are contingent on a host of facts that no one but Mr. Nugent would understand. In fact, Mr. Nugent may have made a remarkably ethical decision. This however is of little consequence in court and clearly shows why we as hunters cannot afford to rely on our common sense notions of ethics in the wild. Our privileges as hunters may be guided by our ethics, but they are controlled by the law.

Planning your hunt, whether it’s an over-the-counter archery trip in Colorado, or a dream quest to Alaska, requires more than looking at maps. Your success is contingent on knowing the laws and following them closely. If you have a big hunt in the future, call us and let us help you figure out exactly what you need to do (and not do). Or saddle up next to Mr. Nugent.

Good Hunting,

Cody Doig, Esq.