Complete Colorado

CPW commission plans closed door meeting on furbearer bag limits

DENVER–Colorado’s wildlife commissioners are set to discuss “legal deficiencies” over their passage of new bag limits for furbearer species in a closed-door meeting with a state attorney this week.

The Sportsmen’s Alliance Foundation and Safari Club International sent a letter to the Colorado Parks and Wildlife (CPW) Commission on August 5 arguing that commissioners violated Colorado’s Administrative Procedure Act when they passed a two-furbearer daily bag limit in July without giving proper public consideration, Complete Colorado previously reported.

Commissioners will meet in an executive session on Thursday with Senior Assistant Attorney General Jake Matter to “discuss claims, defenses and legal questions,” according to an agenda for the meeting.

In the letter, the hunting groups warned the commission its move to pass the daily bag limit of two furbearers was “legally flawed and vulnerable to legal challenges.”

“SCI and SAF object to the adoption of a two-furbearer bag limit because the public was not informed of such a low limit in any way prior to the Commission’s July meeting,” the letter said. “Fair notice is fundamental to meaningful public participation. Colorado law requires an agency to publish notice before adopting a proposed rule and specifies what the notice must include.”

The commission was initially considering a daily bag limit of 15, or a bag limit of up to eight (or four), depending on the species. Commissioners instead passed the two-furbearer limit only one day after Dr. Rebecca Niemiec, who was appointed to the commission by Gov. Jared Polis, published a furbearer study for Colorado State University.

CPW staff recommended the proposal for a daily bag limit of 15. Commissioners ended up voting 6-5 at the July 16-17 meeting for the daily limit of two furbearers.

According to an open records request by Club 20 Foundation, the study wasn’t provided via email to CPW Director Laura Clellan ahead of Niemiec’s motion for the two-furbearer daily limit.

“Because a daily limit of two furbearers falls well outside the range of the proposals provided to the public for consideration and comment, interested parties had no fair chance to comment on its practical, economic, enforcement, or conservation implications,” SCI and SAF wrote in the letter.

SAF and SCI plan on moving forward with legal action against the commission.

The agenda for this week’s meeting, which is on Wednesday and Thursday in La Junta, cites Colorado statute for executive sessions, which are closed-door and typically used for discussions with attorneys.

“I would anticipate there’s probably going to be more discussions about additional lawsuits in some way, shape, or form, because of the antics and the way that this commission continually ties to undermine public participation, transparent and accountable process and procedure,” Dan Gates, executive director for Coloradans for Responsible Wildlife Management, said in a video on social media.

The wildlife commission will also discuss a citizen petition to ban prairie dog hunting on public land on Wednesday and the “Manner of Take Rule for Furbearers” on Thursday.

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