DOW Bowfishing Issue Paper

Background

The Colorado State Wildlife Commission recently approved regulations to various SWA properties which now will clearly state whether or not bowfishing is permitted or prohibited. In 2008 COBF drafted the issue paper below and presented it to the Commission in January of 2008.

This is good step forward for bowfishing in our state. The new regulations have gone into effect as of July 1st 2008 and have opened up 23 SWA properties to bowfishing. Please visit the Lakes and Regs. section for updated lake listings.

Below is the original issue paper which COBF presented to the commission on this issue in 2008.


ISSUE: Bowfishing Regulations at SWA properties

DISCUSSION (FACTS AND FIGURES, EXPLANATION OF ISSUE):

Many State Wildlife Area properties across the state of Colorado have bodies of water that contain Carp species which according to current regulations can legally be taken by the use of archery equipment (bowfishing).

Many of these properties also have a regulation which states: “Discharging firearms or bows prohibited except when hunting.”

It would appear that the intent of this regulation was to prevent target or casual shooting of firearms and bows at SWA properties. The regulation is, however, unclear as to the intent in regard to bowfishing. Bowfishing is classified as fishing and not hunting. Technically the regulation sentence essentially bans the activity of bowfishing across the state at public use SWAs. Furthermore, many of these SWAs allow the use of firearms (bows, shotguns, and rifles) during valid hunting seasons.

We feel that if a SWA permits hunting with a bow or firearm during a hunting season, then that same SWA should also permit fishing with bowfishing equipment during fishing seasons.

Bowfishing equipment consists of an arrow shot into the water from a boat or from the shoreline at a downward angle that is attached by a guideline to the bow. Bowfishing bows typically have lower draw weights than traditional hunting bow (under 40lbs). In general shots are taken at less than 25 yards with the vast majority under 10 yards. To date, many Colorado State Parks allow bowfishing, and many of these areas have higher visitor rates and proximity to populated areas than do most state wildlife areas.

There is one SWA property listing in the CDOW fishing brochure which directly addresses bowfishing. The property is Walker SWA and the regulation reads:

“Discharging firearms or bows prohibited. Bows permitted for bowfishing.”

We do not understand why only one SWA in the state directly addresses bowfishing and would like the commission to consider making the regulation consistently worded statewide for all SWAs to the following:

“Discharging firearms or bows prohibited except when hunting. Bows permitted for bowfishing”

If bowfishing is NOT permitted on the SWA property the regulation should read:

“Discharging firearms or bows prohibited except when hunting. Bowfishing is prohibited.”

WHO MIGHT BE INTERESTED IN THIS ISSUE? HAVE YOU COMMUNICATED WITH ANY OTHER INTERESTED PARTIES? WHAT INPUT HAVE YOU RECEIVED?

Parties who many be interested in clarity on this issue include (but are not limited to):

- Any fishing license holder who uses archery equipment for fishing in the state

- CDOW service personnel and field officers who are responsible for decision making and legal enforcement of all activities within a SWA.

We have personally been given different answers when asking service personnel and field officers if bowfishing is permitted at particular properties. It was only after contacting the main DOW office, did we receive the final word: that by definition of the regulation bowfishing was not allowed.

We have also conducted several bowfishing tournaments throughout the state and have had received similar input from participants regarding their frustration over misleading or incomplete regulations. We have heard stories about individuals bowfishing, at a certain SWA, with permission of the local field officer for years; only to have that permission revoked when a new officer, with a different interpretation of the regulation, is in.

Additionally we feel the sport of bowfishing would increase in popularity throughout the state if more locations were available to those sportsmen and women.

ALTERNATIVES: PLEASE INDICATE THE PROBABLE OUTCOME IF THIS PETITION IS ACCEPTED, AS WELL AS THE IMPACT OF ALTERNATIVES TO THIS PETITION:

If this petition is accepted it will lead to regulation clarity for the public with regard to bowfishing at SWA locations.

Additionally, it will open up more recreational activity opportunities for the public at SWA locations. License and habitat stamp sales will potentially increase.

Lastly, the alternative of no change to the regulations will result in the continued lack of clarity for the public and DOW personnel as well as continued prohibition of bowfishing on SWA properties which allow do allow hunting.