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Revenue from sportsmen’s license sales provides nearly all the funding for the programs and activities of the Division of Wildlife including management of species populations, habitat protection and conservation, and conservation efforts

from “The Wildlife Council.”

1. Ever Wednesday from 4-6:30 (Denver Bar, 9News) “Call A Lawyer.”
2. Colorado Legal Services.org
3. Colorado Bar list of public services.
4. American Bar Association/University of Colorado

This is a case involving fiduciary duty and public corruption.

From Parks and Wildlife regulations:

“Damage” means any change in the quality or quantity of any property which reduces its value. Damage shall include all costs necessary to restore property to its condition immediately prior to damage, to replace it with property of equal value or to compensate for restoration or replacement.

From the same regulations document, dated 11/12/09:

#1720 – REQUEST FOR DAMAGE PREVENTION MATERIALS
A. Landowners or lessees who qualify for damage payments and who desire to obtain materials to prevent damage caused by big game shall make a written request to the Division for such materials on a form furnished by the Division.
B. If the landowner does not erect permanent game damage prevention materials within a reasonable time period after receipt of materials, not to exceed 270 days, to prevent the anticipated damage, or if the materials are not erected in such a manner as to reasonably prevent damage, the Division shall not be responsible for any subsequent damage caused by the failure to use such materials. When materials have been provided for temporary game damage prevention materials or electric fencing surrounding apiaries this time period shall not exceed 15 days from date of receipt of materials. Damage prevention materials may be delivered by the Division to any person if his request is the result of game damage occurring in any area where it has not normally occurred.
C. If the Division offers, in writing, to furnish fencing to a landowner and the offer is refused or he does not respond within 30 days, the Division shall not be responsible for any subsequent damage until such time as the landowner makes a written request for fencing materials at which time the provision of #1720(b) shall apply.

#1721 – DELIVERY OF DAMAGE PREVENTION MATERIALS
A. The Division will furnish materials for, or construct, permanent stackyards or orchard fencing only under terms of a written cooperative agreement which is binding on heirs, assignees, and successors in title and which is filed with the clerk and recorder in the county in which the fence is erected. The Division will provide materials within the limitations of the special purpose funds appropriated for game damage materials.
B. The Division will furnish temporary protective fencing only when the landowner, lessee, property owner or person in charge acknowledges by his signature receipt of such material.

Link to Senate Bill 09-024.  The intentions based on history are clear.

UNDER CONSTRUCTION

So, I have spent pretty much this whole week working on this issue of  “game damage prevention materials.”  Why doesn’t 33-3-103.5 work the way it is supposed to?

1.  The Department of Parks and Wildlife

2.  The Law

3.  Politics

4.  Human Dimensions

5.  Difficultly of Protection

6.  Corruption

Summary

The bottom line is these are animals that need to be managed.  Their populations can grow quickly, they can become habituated, habitat can change based on human needs, populations and behavior can depend on a host of environmental factors (e.g., predators), etc.  Human reactions to them can vary and different interest groups must be considered.  The entire situation requires constant money, skill, and management.

Of course, none of this is mandatory.  It is only necessary if you want the animals.  And if you want lots of them, like Colorado, it is necessary big time.

Wildlife law is fascinating because it creates rules for operating under this dynamic, contentious, and potentially emotional situation.  We are fortunate to operate with a system that is both adaptable and democratic.  Personally, I am always confident that reason and the majority will win out and this is exactly what happened with 33-3-103.5.  During a time of extreme budget pressure the rights of homeowners were strengthened.  Primarily, the law increases distribution requirements for effective damage prevention materials, encourages the “taking” of damage-producing animals, and provides status reporting requirements.  These are all specifics; more generally the law says ‘improve oversight and management!’

Ethics required for government employees link.

24-18-103, Public trust – breach of fiduciary duty.

From 33-3-103.5:

“The division has the responsibility to supply useable, sufficient, and appropriate game damage prevention materials to a requesting landowner.”

In law, this is known as a specific, statutory liability.

Steve Yamashita to Northeast Regional Manager, Colorado Division of Parks and Wildlife.

The e-mails are HERE.

This is the only picture I could find of him…

link

I found Mr. Yamashita’s call in March, 2010 particularly disturbing.  He provided no evidence or documentation–he simply said ‘we’re not going to do it.’  I asked for legal documentation and received no reply.  No question his intent was to TRY to intimidate me.  It is not my fault that his department’s program and service is so poor, yet that is the way he acted.

http://blog.seattlepi.com/dempsey/2011/09/08/amanda-knox-defense-wins-last-minute-dna-smackdown-2/

2 cups four

2 teaspoons salt

1 teasspoon yeast

3/4 cup water (ice cold)

Note:  a little baking powder helps.  Much more to add here in terms of tricks…

That is the basic recipe but I don’t make it exactly like that.  I use 1 1/2 cups regular (preferably unbleached) and 1/2 cup whole wheat flour, plus about a teaspoon (I don’t know, a small dollup); I use a little less than two teaspoons of salt and I use garlic salt; I usually add about a tablespoon of basil.  I make it in a bread machine, kneeding for about 12 minutes (it doesn’t mix perfectly so after the ball is formed I pick it up and kneed it by hand, then put it back in the still-spinning breadmaker.

THE KEY, in practice and per the source (P. Allen Smith’s Garden Home Retreat) of the recipe is to put all the dry ingredients into the bread or dough machine and ADD THE WATER PERIODICALLY as the dough mixes and forms a firm ball.  I like to keep it a little moist–not wet, just not dry and floury.

Then, store it in a bowl with a lid or towel (I use a glass Pyrex bowl with a not-tight top and also drape a towel over it).

Cook 7 minutes; remove from oven, put cheese on, and bake about 8 minutes more.  I use a good/hot convection oven at 450.

Frank Blake, CEO contact.

Another Blake contact theory.

Article about Home Depot service woes and Frank Blake reply.