ISSUES SUBMITTAL FORM Date: 12/9/2015 Should what constitutes acceptable forms of "proof of ownership" be defined in #P200-1.l, #P-400-a.7, and #P-500-a.7 to provide clarity for CPW customers and staff? DISCUSSION (FACTS AND FIGURES, EXPLANATION OF ISSUE): #P-200-1.l, #P-400-a.7, and #P-500-a.7 state that a person applying for a registration must provide "proof of ownership or valid transfer registration certificate". Titling is generally used to establish proof of ownership of motor vehicles however boats are not titled in Colorado. There was no requirement or ability to title snowmobiles and off-highway vehicles until recently with the passage of Senate Bill 13-280 which became effective July 1, 2014. However there are still a vast number of snowmobiles and off highway vehicles without titles. SB 13-280 only requires title for dealer purchases/trades. Obtaining title is optional for private party to private party sales. Along with the absence of titling, there is lack of clarifying "definition" in CPW regulations as to what constitutes acceptable forms of "proof of ownership" to meet the requirements of these regulations. Due to the lack of definition, there are differing staff interpretations of what constitutes acceptable forms of "proof of ownership" which in turn has led to inconsistencies in registration business practices across CPW offices. These inconsistent business practices are cause for both internal and external confusion/frustration during the registration process. ISSUE: Internal confusion/frustration comes from inconsistencies in what constitutes acceptable forms of "proof of ownership". Interpretations of the "proof of ownership" regulations have led some CPW staff to accept the signed perjury statement (I/We hereby swear or affirm under penalty of perjury that I am/we are the lawful owner(s) of the vessel/vehicle described above, and that the information given herein is true and correct to the best of my/our knowledge and belief) located at the bottom of a registration application as "proof of ownership". (Note: The signed perjury statement is accepted as "proof of ownership" on all mail-in registration forms. Most registration applications throughout the state are submitted through use of the mail-in registration form.) Other interpretations have lead some CPW staff to not accept the signed perjury statement and require "proof of ownership" in the form of a bill of sale, a registration from another state that lists applicant as registered owner, a certificate of origin, a title, a court document proofing ownership, or something similar. Lack of titling in Colorado makes it relatively easy to purchase, sell, trade, transfer and/or steal boats, snowmobiles, and off highway vehicles while making it problematic to establish legal ownership. There are law enforcement concerns with accepting only the signed perjury statement in lieu of actual "proof of ownership" documentation. Under current business practices, if a customer cannot provide acceptable "proof of ownership" or the information submitted on the registration application is incorrect (identification numbers don't contain enough digits, don't follow established identification number formats, etc), then a physical inspection of the vessel/vehicle can be conducted by a CPW agent to complete the registration. The physical inspection is used to verify and confirm vessel/vehicle information, locate and ensure the identification number (if any) has not been modified/damaged/destroyed, and lastly to ensure that the vessel/vehicle has not been reported as stolen. External confusion/frustration comes from applicants not knowing what constitutes acceptable "proof of ownership" documentation. As described above, CPW regulations do not specify and/or clarify. Adding definition to regulations would assist applicants in determining what acceptable "proof of ownership" to provide. Additional frustration comes from customers calling one CPW office who tells them their interpretation of what is acceptable only to arrive at another CPW office who tells them the information they received from the other office is incorrect and that additional "proof of ownership" documentation and/or a physical inspection of the vessel/vehicle is required. 1 WHO ARE THE INTERNAL/EXTERNAL PUBLICS IN THIS ISSUE? WHAT INPUT PROCESS HAS OCCURRED? This issue paper was circulated among the SE Region Park Managers and Area Wildlife Managers for review and comment. ALTERNATIVES: (POSSIBLE OUTCOMES or POSSIBLE REGULATIONS): 1. * Preferred Alternative *: Provide downloadable "Bill of Sale" template for public use (draft attached) and across all three regulation chapters change "Proof of ownership or valid transfer registration certificate" to read: "Proof of ownership. Acceptable proof of ownership forms include: Bill of sale that includes both the seller and buyer's printed names and signatures; the vessel/vehicle identification number (if any); the vessel/vehicle make, model and year (if known); and the date of the sale. Previous registration certificate issued by a governmental entity that lists the applicant as registered owner. Manufacturers Certificate of Origin (MCO)/Manufacturer Statement of Origin (MSO). Certificate of Title. Any court issued document proving ownership. A collection of personal property by affidavit form pursuant to C.R.S. 15-12-1201. A physical inspection form completed by a CPW agent." 2. Status Quo Issue Raised by: Brad Henley, SE Deputy Region Manager Author of the issue paper (if different than person raising the N/A issue): CC: APPROVED FOR FURTHER Dan Prenzlow, SE Region Manager CONSIDERATION BY: REQUIRES NEW SPACE IN THE BROCHURE? ISSUE PAPER HAS BEEN EMAILED TO REG REVIEW MGRS GROUP? RECOMMENDED FOR CONSENT AGENDA? 2 N/A Yes No VESSEL/OHV/SNOWMOBILE VEHICLE BILL OF SALE I/we do hereby bargain, sell and deliver unto the following vessel/OHV/snowmobile (year) (make) (model) HIN/VIN Number: Date of Purchase: Seller’s Printed Name: Seller’s Signature: Buyer’s Printed Name: Buyer’s Signature: ----------------------------------------------------------------------------------------------------------- 3 ISSUES SUBMITTAL FORM Date: 12/09/15 ISSUE: Should regulated waterfowl hunting be allowed on James M. Robb-Colorado River State Park 34 Road section located in Mesa County Colorado? DISCUSSION (FACTS AND FIGURES, EXPLANATION OF ISSUE): In 2000, Colorado State Parks acquired property located adjacent to Clifton Water Conservancy District. This property was acquired as a potential link for the continued expansion of the Riverfront Trail. The closest intersection is 34 Rd. and E ¼ Rd. Park management is interested in improving the overall condition of the property and opening it to limited public use. With these goals in mind, we were able to secure funding for wetland and riparian habitat restoration; however that funding is contingent on allowing waterfowl hunting on the property. Adjacent landowners have expressed reservations about allowing waterfowl hunting on the property. In order to address their concerns, Park management proposes a regulation allowing waterfowl hunting on the property, but only from two designated blinds. Additionally, blinds must be reserved and hunting would only be allowed on weekends during established waterfowl seasons. WHO ARE THE INTERNAL/EXTERNAL PUBLICS IN THIS ISSUE? WHAT INPUT PROCESS HAS OCCURRED? 1. Clifton Water Conservancy District: Park management has met with staff and the board of directors. Currently we are in the process of establishing a lease for a parking lot on Clifton Water Conservancy District Property. 2. Mike McGuire: Adjacent landowner. Park management has met with Mr. McGuire and expressed our interest in improving habitat and opening the property to limited public access. Mr. McGuire is supportive of habitat improvement but currently is opposed to public access. ALTERNATIVES: (POSSIBLE OUTCOMES or POSSIBLE REGULATIONS): 1. *Preferred Alternative*- Establish a regulation that will allow waterfowl hunting on this CPW property provided that hunting occurs during established waterfowl seasons, is restricted to weekends only and a maximum number of two blinds occupied by two hunters per blind. Similar regulations will occur in both Chapters W-5 and P-1. 2. Property will be managed status quo. Hunting will not be allowed and habitat restoration efforts will be postponed. Issue Raised by: Pete Firmin Author of the issue paper (if different than person raising the issue): CC: Ron Velarde APPROVED FOR FURTHER RON VELARDE CONSIDERATION BY: REQUIRES NEW SPACE IN THE BROCHURE? YES ISSUE PAPER HAS BEEN EMAILED TO REG REVIEW MGRS GROUP? YES RECOMMENDED FOR CONSENT AGENDA? NO 1 ISSUES SUBMITTAL FORM Date: 12/09/15 ISSUE: Should Highline Lake be opened up to small game hunting on weekdays? DISCUSSION (FACTS AND FIGURES, EXPLANATION OF ISSUE): Regulations currently allow hunting at Highline Lake from the Tuesday after Labor Day and continuing through the Friday prior to Memorial day. Currently, the only hunting allowed at Highline Lake is waterfowl hunting Monday through Friday with the only exception being that waterfowl hunting is allowed for youth weekend in the Pacific flyway. Due to the weekend hunting closure on Highline Lake, staff is also proposing to not allow small game hunting on weekends either. Opening Highline Lake up to small game hunting on weekdays would create a new opportunity for hunters. Hunting would take place North of the buoy line on Highline Lake where waterfowl hunting is currently allowed. Park staff would create a hunting boundary line from the East Lake shore where the north buoy line currently exists to the east property boundary and a north/south boundary line east of Mack Mesa Lake. WHO ARE THE INTERNAL/EXTERNAL PUBLICS IN THIS ISSUE? WHAT INPUT PROCESS HAS OCCURRED? Small game hunters, Highline Lake park visitors and staff, Area 7 field staff. Internal discussions. ALTERNATIVES: (POSSIBLE OUTCOMES or POSSIBLE REGULATIONS): 1. * Preferred Alternative: Open Highline Lake to small game hunting Monday through Friday beginning the Tuesday after Labor Day through the Friday prior to Memorial Day in the designated hunting zone in the northeast side of the park. 2. Status quo: Keep Highline Lake closed to small game hunting. Issue Raised by: Alan Martinez Author of the issue paper (if different than person raising the issue): CC: Ron Velarde APPROVED FOR FURTHER RON VELARDE CONSIDERATION BY: REQUIRES NEW SPACE IN THE BROCHURE? ISSUE PAPER HAS BEEN EMAILED TO REG REVIEW MGRS GROUP? RECOMMENDED FOR CONSENT AGENDA? 2 YES YES NO 3 ISSUES SUBMITTAL FORM Date: 12/09/15 Should the Division add park-specific restrictions to Chapter P-1, Article I of Parks Regulations regarding the newly-constructed archery range at Trinidad Lake State Park? DISCUSSION (FACTS AND FIGURES, EXPLANATION OF ISSUE): ISSUE: In 2015, Colorado Parks and Wildlife constructed a public archery range at Trinidad Lake State Park. The following park-specific restrictions pertaining to the archery range are recommended in the interest of public safety: No dogs or other pets shall be permitted on the grounds of the archery range. Smoking shall not be permitted on the grounds of the archery range. Any person 16 years of age or younger entering the archery range must be under direct supervision of an adult at all times. Broadheads, crossbows, alcoholic beverages, and firearms, including but not limited to, BB guns, pellet guns, and air rifles, are prohibited on the archery range. Public access is restricted to times between sunrise and sunset. WHO ARE THE INTERNAL/EXTERNAL PUBLICS IN THIS ISSUE? WHAT INPUT PROCESS HAS OCCURRED? External Public includes archery range users. Internal Public includes CPW field personnel. In developing the above restrictions, the park managers of various state parks in Colorado with active archery ranges were consulted. Park staff at Trinidad Lake State Park was consulted in the development of the above restrictions. A draft of the above the restrictions were shared with the local archery club, and club members were supportive/did not voice concerns. ALTERNATIVES: (POSSIBLE OUTCOMES or POSSIBLE REGULATIONS): Alternative 1 (Preferred Alternative) The park-specific restrictions above are adopted for Trinidad Lake State Park and added to Chapter P-1, Article I of CPW Park Regulations. Alternative 2 Status Quo Issue Raised by: Crystal Dreiling – Park Manager Author of the issue paper (if different than person raising the Crystal Dreiling – Park Manager issue): CC: APPROVED FOR FURTHER DAN PRENZLOW CONSIDERATION BY: REQUIRES NEW SPACE IN THE BROCHURE? ISSUE PAPER HAS BEEN EMAILED TO REG REVIEW MGRS GROUP? RECOMMENDED FOR CONSENT AGENDA? 4 YES YES NO
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