A Really Screwed Up Colorado Law

Big Fin

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Well, I thought I was going to film a Colorado deer/elk combo hunt this year, but maybe not.

Here is the deal. I found a way to legally access some remote BLM ground. I put in for the deer tag and drew. Goodie, or so I thought. Plus, this area is an OTC elk unit, so I figured I would add the elk tag to it.

I applied for my filming permit from BLM. They spent a lot of time doing the research, and sent me back a map and a conditional approval, showing the allowed properties for which they could grant me a filming permit. All of my first four choices were denied for a reason that still has me completely aghast.

BLM must make sure that any permit they approve is in compliance with Federal, State, and Local laws. Since my permit would be for filming a hunt, they needed to make sure my hunting would be legal in Colorado. And that is where the "fertilizer hits the ventilator."

If you live or hunt in Colorado, you may want to know about this. Not many of the DOW people were even aware of this strange commission rule. It goes like this.

If you draw a public tag such as mine, you cannot use that tag on public lands, if those public lands are enrolled in a Ranching For Wildlife operation. :eek:

So, Fin is sitting on a pretty good deer tag, and since the BLM Lands I am asking to hunt/film on, are enrolled in a RFW operations, it would be illegal for me to hunt on those public lands with my regular draw deer tag.

They informed me, that as a non-resident, even though I can legally access those grounds, I cannot hunt them, unless I buy my tag through the RFW operator who enrolled those public grounds. My public draw tag is no good for my public lands. Come again :confused:.

This probably the biggest WTH event I have ever encountered.

I called DOW, BLM, and everyone in between, and they all assure me, that is the case in Colorado. They have sent me all the fine print language that supports this finding.

So I ask them, "Let me get this straight. I apply in the public draw. I get a tag. I find a way to legally access this public BLM property, but I cannot hunt there, unless I buy a tag from the RFW operator, for $10,000+. Am I hearing you correctly?"

They reply, that I have heard them correctly.

As a US taxpayer and public citizen, it chaps me to no end that CO DOW has developed a rule whereby they have given the hunting rights on public lands to private parties. I know of no other way to say it. Yes, the operator pays some very small fee for enrolling the BLM grounds.

And, I come to find out in this process, how these public lands help the RFW operator get allocated more landowner tags. The formula works something like this.

I have 50,000 deeded acres. I convince BLM to let me enroll an additional 25,000 public acres. I now have a total of 75,000 acres for calculation of my RFW tags. My RFW tags are allocated based on what my enrolled acreage is (both my enrolled public and private ground), as a percentage of the entire elk ground in that unit. If I represent 10% of the elk ground in the Unit, I get tags equal to 10% of projected/targeted elk harvest for the Unit. By convincing BLM to let me enroll the 25,000 acres of public ground, I have increased my enrolled acreage by 50% and the number of RFW tags I have to sell, by 50%. How convenient!

So, not only does the RFW operator get to keep the public hunter off these public grounds, he gets allocated tags to sell to his guided RFW hunters, based on the public land he enrolls.

The BLM assures me that they only allow inaccessible lands to be enrolled. When I point out that I have found a way to legally access these grounds, they agree, that maybe they did not consider everything, when approving enrollment of these grounds, and other BLM grounds they have enrolled in other RFW operations.

These BLM employees have done everything possible to accommodate my request. They have been very diligent, professional, and thorough. Yet, they must abide by the rules of their agency.

So, until CO DOW changes their rule that allows RFW operators to keep public hunters with public tags, off the public lands, Federal rule does not allow the BLM to approve my permit for those lands.

Funny part is, the area in question has a couple thousand-acre pieces that they did not enroll for some reason, and though they are low on my priority list, I might just get the permit for these small sections and go in anyhow.

Just thought you guys, as owners of these public grounds, would want to know that you can't hunt the public grounds enrolled in RFW, with your pubic draw tag. You must buy a RFW tag from the landowner. Your public draw tag is no good on the public grounds I am referring to. WTH?

Not being a Colorado resident, I am not sure I can do much to change the mind of DOW, but I am going to try. If any of you guys hunt CO or live in CO, feel free to post here about your knowledge of this issue.

I know this almost sounds impossible, but it is the case. Anyone who thinks I am making this up, is more than welcome to see it all in writing.

Still numb after opening that series of emails and letters. :mad::mad::mad:
 
Wow Fin, what a bunch of B.S. I feel the pain!

Only 2% of Nebraska's land is open to public hunting & fishing (approximately 800,000 acres). Here's the kicker, Nebraska also has 1.3 million acres classified as school land, (ie - publicly owned land) that is inaccessible to the public! A single statutory change would nearly triple the amount of land open to public access! I have been having a heck of a time trying to find someone with a sympathetic ear!

Back to your plight, what would it take to change that Colorado law? Let us know how we can help.
 
Fin, I would highly suggest you include that in one of your shows this season. People need to be aware that this is going on. A large chunk of my paycheck goes to pay for the things this country does, as well as yours. The land is PUBLIC and any non-Resident has as much right to hunt it as the other.

In my mind part of hunting on your own would be reporting some of the troubles that you encountered doing it on your own. Put it on your show for sure.
 
Big FIn- Same situation in UT. Some federal lands are within the CWMU units, though I am completely unaware that the BLM, USFS, etc have to allow this enrollment. In UT a CWMU is considered it's one hunting unit, therefore the state can locate the boundaries anywhere they see fit, regardless of ownership. Likewise, it is my understanding (please corrent me if I'm wrong) that in WY you can't hunt federal state lands within a Hunter Management Area without following the rules set forth by the HMA. Similar deal to UT and what it sounds like is happening in CO.

State owns the wildlife, feds own the land. Doesn't always make for a good situation. The two that really torque me off is the WY and AK guide laws!!! Good luck and I hope you are able to find a work around...
 
That is UNREAL Fin, absolutely unbelievable.

Aside from being terribly mismanaged as demonstrated by you finding a legal access into the land, what a slap in the face of CO sportsman. Most states are bending over backwards to accommodate landowners, using millions of dollars to secure access, fix fences, pay for crop loss and on and on. Despite these best efforts private land is getting much more difficult to access and unfortunately access to public lands (both state and federal) are being reduced.

A private land owner can do what ever they like with their land, no problem... but to create a program that encourages the disruption of access to public, in this case BLM, in order to benefit surrounding private land ownership... that is a crock of shit.
 
That sucks big time!!! Especially since I was going in with you. :BLEEP: I know you and your buddy did a lot of work to figure this out. Sorry it didn't have a better outcome.
 
It's a bad law, no doubt. I think it is something that has slipped under the radar until now because nobody really gave it a thought.

Big FIn- Same situation in UT. Some federal lands are within the CWMU units, though I am completely unaware that the BLM, USFS, etc have to allow this enrollment. In UT a CWMU is considered it's one hunting unit, therefore the state can locate the boundaries anywhere they see fit, regardless of ownership. Likewise, it is my understanding (please corrent me if I'm wrong) that in WY you can't hunt federal state lands within a Hunter Management Area without following the rules set forth by the HMA. Similar deal to UT and what it sounds like is happening in CO.

1_p, I am aware that the situation is the same for CWMU properties in Utah, but I think (please correct me if I'm wrong) that in situations where public lands are enrolled, public hunters are allocated a higher percentage of the tags in the draw. In Colorado, the public is allocated 10% of the male licenses designated for a RFW property, regardless of how much public land is enrolled.

The non-resident hunter is the one really getting the shaft with the Colorado situation, because the non-resident cannot apply for a public tag on RFW properties. The argument in Utah is that the public receives a benefit from the enrollment of those public lands (more tags available to the public). Both residents and non-residents can apply for those tags. In Colorado, non-residents cannot apply for public RFW tags. Their only recourse to be able to hunt those public lands enrolled in the RFW program is to buy a RFW tag from the operator, sometimes priced at $10K or more.
 
You don't 'spose at a minimum, DOW should put something in the regulations stating in bold print - "You cannot use your public tag on these public lands," so guys like me and Bugler, don't burn a year of points, only to find out that those public lands really aren't public?

I doubt they would give us all a point for this year, now that we know the truth of the way these lands are operated.

Anyone have any ideas of how to see this kind activity changed? Not sure how things work in Colorado, but in many states, this type of stuff would result in a march on the Capitol. The citation given to me is a Commission Regulation. Not sure how those are adopted, but seems to me it is not a legislative issue, but rather a commission issue. Any Colorado guys know how this commission regulation stuff really works?

Really, if I, our site, or our show, can be of any help to resident or non-resident hunters to help change something this blatantly askew, let me know.

Still shaking my head.
 
Big Fin,

To get the Wildlife Commission to consider a rule change, a person must submit a public petition for rule-making to the Wildlife Commission (see linked document below).

I'm not sure how quickly petitions are typically considered. The attached document explains that the Wildlife Commission has some leeway in when they choose to consider an issue. At any rate, it is a three step process (three commission meetings). At the first meeting, the issue is presented and the commission decides whether it has merit or not. If they choose to continue the process, the issue is opened for public comment, which can be submitted prior to or during the next commission meeting. The commission rules on the issue at the third meeting.

Public Rulemaking Petitions
 
Big Fin,

To get the Wildlife Commission to consider a rule change, a person must submit a public petition for rule-making to the Wildlife Commission (see linked document below).....

Thanks Oak. Why don't you run for commissioner?

Hmmm, you suppose such a request by a non-resident has a snowball's chance in hell of being considered?
 
Thanks Oak. Why don't you run for commissioner?

It's an appointed position, not elected. ;)

Hmmm, you suppose such a request by a non-resident has a snowball's chance in hell of being considered?

Hard to say. Maybe a joint resident/non-resident petition would have better luck?
 
wow, glad i read this. i thought i was fairly savy about most states laws, and hav ebeen around many cwmu's and RFW property's. never seen one that had public land enrolled. it would have blind sided me for sure!

fwiw, its total BS. just a tip you may already know, cross a river in colorado and leave 90% of hunters behind.
 
I would DEFINATELY bring it up in a Show. Why not, Do it in an Informational way. Bringing that up is NO different then telling people they have to use a Crosswalk to cross the street. It's something that is in place and a rule people should know about..... I think it whgould be brought up !
 
All I can say is WOW. Just another twist of taking public grounds form its true owners, the public.I have the right to hunt public grounds! This is a injustice to all hunters.
 
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