FILING - 03/31/2008

FINAL REGULATIONS - CHAPTER 0 - GENERAL PROVISIONS

ARTICLE I ‑ DEFINITIONS

#000 –  The following definitions supplement the statutory definitions found in the Wildlife Act including, but not limited to, those definitions found in section 33-1-102, C.R.S. 

A.	General Definitions Including Manner of Take Definitions

1.	"Aggregate" when applied to bag and possession limits, means the total number of species which are covered by such bag and possession limits.  Any combination of the species may be possessed up to the total number established as the aggregate bag and possession limits.

2.	"Archery" means the use of a hand‑held bow.

3.	"Bag Limit" means the maximum number of wildlife which may be taken in a single day during an established open season.  This includes any wildlife which are consumed or donated during the same day they were legally taken.  The terms "bag limit," "daily bag" and "bag" are considered to have the same meaning.

4.	"Baiting" means the placing, exposing, depositing, distributing, or scattering of any salt, mineral, grain, or other feed so as to constitute a lure, attraction or enticement for wildlife.

5.	"Crossbow" means a bow which is attached at a right angle to a stock with a mechanical mechanism for holding the bow string in a cocked position and fired from the shoulder.

6.	“Feral Hog” means any species or hybrid of species from the family Suidae (European boar, Eurasian boar, Russian boar, feral hog) or the family Tayassuidae (Javelina and peccary), which possesses one or more morphological characteristic distinguishing it from domestic swine (Sus scrofa domestica) including, but not limited to, an elongated snout, visible tusks, muscular shoulders with small hams and short loins, coarse hair, or a predominant ridge of hair along its back.  For the purposes of these regulations, any swine running at large which possesses one or more of the above characteristics, may be presumed to be a feral hog, unless a person has received actual notice that the swine has escaped containment and its return is actively sought, in which case the person should report its location to the owner, if known, and the Division of Wildlife and the Department of Agriculture.

7.	"Handgun" means any pistol or revolver having no shoulder stock or attachment.

8.	"Hand‑held bow" means a long bow, recurved bow, or compound bow on which the string is not drawn mechanically or held mechanically under tension.  String releases or mechanical releases which are hand‑drawn and hand‑held with no other attachment or connection to the bow other than to the bowstring are lawful devices.

9.	Licenses

a.	"Limited license" means a license and carcass tag, available only through application and computer or hand drawn selection which entitles the licensee to take only the species and sex of wildlife indicated on the license and only in the unit, or portions thereof, and season for which the license was issued.
b.	"Unlimited license" means a hunting license and carcass tag when appropriate which is not restricted in quantity and which is sold by license agents throughout the state and is not valid in any unit where licenses are available only through application and computer or hand drawn selection.

10.	"Muzzle‑loading rifle or musket" means a firearm fired from the shoulder, with a single barrel which fires a single patched round ball, or bullet, the length of which does not exceed twice the diameter.

11.	"Pellet gun" means any handgun or rifle of .177 caliber or larger firing pellets and powered by compressed air or gas.

12.	"Private use" means the possession of wildlife only for private enjoyment and not intended to be sold, traded, bartered, or entered into commerce.

13.	"Privately-owned game birds" means game birds held in private ownership and otherwise acquired in accordance with Commission regulations.

14.	"Processed meat" means those edible parts of wildlife which have been cut into normal portions and wrapped for storage.  It does not include game meat that is whole, has been quartered, or has not been packaged into normally accepted butcher’s portions including but not limited to steaks, roasts, loins, chops, and ground meat.

15.	"Rifle" means a firearm fired from the shoulder, with a rifled bore, having a barrel length of sixteen (16) inches or more and a minimum overall length of twenty‑six (26) inches.

16.	"Shotgun" means a firearm fired from the shoulder with a smooth bore, having a barrel length of eighteen (18) inches or more and a minimum overall length of twenty‑six (26) inches.

17.	"Slingshot" means a hand‑held device, not drawn or held mechanically, with the arms or attachment points to which an elastic band is attached for propelling small stones or metal projectiles.  Wrist‑brace attachments and non‑elastic projectile pouches are considered normal components of a slingshot.

18.	“State Trust Lands” means those lands owned or under the control of the State Board of Land Commissioners.

ARTICLE VI ‑ TERRESTRIAL WILDLIFE

#007 – IMPORTATION OF TERRESTRIAL WILDLIFE
A.	Prior to importation of wildlife an importation permit must be obtained from the Division and the State Veterinarian.  

B.	An appropriate commercial or noncommercial parks license or an alternative livestock facility license from the Dept. of Agriculture must be in possession prior to importation.  Only animals in the same scientific family as animals approved on the parks licenses or scientific collecting license can be imported.

C.	All wild ungulates imported into Colorado must be marked with USDA official eartags.

D.	All wildlife imported into Colorado must be examined by an accredited veterinarian prior to importation and must be accompanied by a valid, preapproved health certificate certifying disease‑free status.  Minimum specific disease testing results and/or health statements must be included on health certificates for:

1.	All captive wild ungulates shall:
a.	Test negative for brucellosis.  The health certificate completed by an accredited veterinarian must include the signed statement that "To the best of my knowledge, animals listed herein are not infected with Paratuberculosis (Johnes Disease) and have not been exposed to animals infected with Paratuberculosis."
b.	Test negative for bovine tuberculosis using USDA-approved testing procedures appropriate for species in question not more than 60 days prior to importation and must originate from a herd which has had a negative complete herd test for tuberculosis within the past 12 months.  A "complete herd test" is defined as tuberculosis testing of all ruminants and camelids on a premises (except domestic cattle, Bison, sheep and goats) using USDA-approved testing procedures appropriate for species in question where all testing is completed during a period not exceeding six (6) consecutive months; or
c.	Originate from a bovine tuberculosis-free herd accredited by another state or province which meets the standards for testing or their equivalent as set forth in (2) above. 
d.	Appropriate USDA-approved testing procedures are limited to those referenced in section #006(5)(E) above and others prescribed by the federal Veterinary Service as set forth in Appendix B to this regulation.
2.	Testing for bovine tuberculosis in other mammalian species may be required prior to importation if there is reason to suspect that such animals may be infected with the disease.
3.	All wild species in the sub families Meleagridinae (wild turkey) and Tetraoninae (grouse): Tested negative for Mycoplasma gallisepticum, M. synoviae, M. meleagridis and Salmonella pullorum.  For groups of grouse imported from the same source in a single shipment, testing is required for only 25% (one of every four) of those birds.
4.	All elk (Cervus elaphus) must be tested prior to importation for evidence of red deer hybridization.  Any animal testing positive for red deer hybridization shall not be allowed to be imported into Colorado.
5.	The offspring of any female elk must be tested for red deer hybridization, at the owner's expense, by December 31 of the year of birth if the calf results from a pregnancy which existed prior to the female elk being imported into Colorado.
6.	Any offspring, described in 4(e) above, testing positive for red deer hybridization, must be removed from the State of Colorado, at the owner's expense, by June 1 of the year following the year of birth.  In all cases, the Division of Wildlife will not compensate owners for these animals.

E.	Additional disease testing may be required at the discretion of the Director of the Division of Wildlife by written notification prior to importation, when there is reason to believe other diseases, parasites or other health risks are present. (e.g. recent outbreak of a disease not listed in this section.)

F.	All imported wild ungulates, turkeys, and grouse must be held in isolation from other wildlife on the operator's premises for at least thirty (30) consecutive days upon importation into Colorado. Animals obtained from free‑ranging wild stock by state or federal agencies are exempt from the isolation period.

G.	At least seven (7) days prior to the proposed importation date all persons desiring to import raptors into Colorado must properly complete a Raptor Importation form.  All raptors imported into Colorado must have veterinary certificates certifying the birds are disease free.

H.	CWD Surveillance and Status Requirements 
1.	Any facility from which deer or elk are imported into Colorado shall be subjected to at least sixty (60) months of documented surveillance for chronic wasting disease (CWD) prior to any importation of deer or elk into Colorado unless the Division and the Dept. of Agriculture agree that movement from a facility with less than 60 months surveillance presents a negligible risk taking into consideration predation, theft or other relevant factors.  Determination of when a facility meets the sixty (60) month minimum surveillance period shall be based on the age of the animals on the facility, the source facility of the animals, and the length of the surveillance program of the source facility(ies).  Every individual in the source herd must meet the sixty month surveillance requirement; except for young born into a herd during the sixty month surveillance period, provided that all other deer and elk on the source facility during that time period and all deer and elk imported into the source facility during that time period also meet the sixty (60) month requirement.  No deer or elk may be imported into Colorado from a facility that has tested positive for CWD.  Provided further that no importation will be permitted anytime a new CWD diagnosis is made in any captive wildlife facility in any state or country until all tracebacks have been completed and CWD free status has been confirmed for all source facilities.
2.	For the purpose of maintaining 60 months CWD-free status, records must positively account for all animals and cause of death.  If any animals remain untested or unaccounted for or cause of death is otherwise unknown or in question, status is adversely impacted and reduced to the date the untested or unaccounted for animal or animal with the unknown or questionable cause of death was introduced into the herd, unless the Division and the Dept. of Agriculture agree otherwise, taking into consideration the possibility of predation, theft, or other relevant factors.  Any deer or elk imported into Colorado in violation of this standard, or any pre-existing standard, or for which documentation does not exist which clearly establishes compliance with said standard must be immediately destroyed and tested for CWD, and the facility shall be placed under quarantine immediately upon discovery of the violation.  The quarantine shall not be released until test results show that CWD has not been detected in any of the subject animals. The status of the receiving herd may be reduced up to 0 months.  If CWD is detected in any of them, the quarantine remains in effect, and all private deer and elk that have come into contact with any of them must be immediately destroyed and tested for CWD.  In all such cases, there shall be no obligation for the state to compensate the owner of the animals. 

a.	State operated CWD surveillance program:
	Facilities seeking to import deer or elk into Colorado shall submit documentation from the state or province of origin’s animal health or wildlife management agencies to the Division regarding its compliance with at least a sixty (60) month CWD surveillance program.  The program must require that participating facilities have a mechanism for individual animal identification and submit complete inventory records for all such deer and elk on the facility, including all additions, exports and mortalities; and copies of the results of any animal inventory or records audits and verification records; for at least the previous sixty (60) months, and laboratory reports documenting the absence of CWD lesions, after microscopic evaluation of brain tissues by an accredited veterinary diagnostic laboratory, in all adult (16 months of age or older) deer and elk dying of any cause over the required surveillance period.
b.	Case by case review:
	In the absence of a state operated CWD surveillance program, the facility must have a mechanism for individual animal identification and shall submit to the Division complete records for all such deer and elk on the facility, including all additions, exports and mortalities; and copies of the results of any animal inventory or records audits and verification records; for at least the previous sixty (60) months; and individually identified laboratory reports documenting the absence of CWD lesions, after microscopic evaluation of brain tissues by an accredited veterinary diagnostic laboratory, in all adult (16 months of age or older) deer and elk dying of any cause over the required surveillance period.

I.	If the Division and the Dept. of Agriculture fail to reach agreement on matters requiring both agencies’ approval in this rule, the matter shall be presented to the Commissioner of Agriculture and the Director of the Division for review.  The Director and the Commissioner shall render a decision within 5 working days.  Failure to agree shall result in a denial of the requested action and shall constitute final agency action.

J.	It shall be unlawful to import dead deer or elk from any other state or country from a game management unit, or equivalent wildlife management unit as defined by that state or country, which has been diagnosed as positive for Chronic Wasting Disease (CWD) in the wild, except for the following portions of the carcass:

1.	Meat that is cut and wrapped (either commercially or privately).
2.	Quarters or other portions of meat with no part of the spinal column or head attached.
3.	Meat that has been boned out.
4.	Hides with no heads attached.
5.	Clean (no meat or tissue attached) skull plates with antlers attached.
6.	Antlers with no meat or tissue attached.
7.	Upper canine teeth, also known as "buglers", "whistlers", or "ivories".
8.	Finished taxidermied heads.

#008 – POSSESSION OF TERRESTRIAL WILDLIFE

A.	No person shall, at any time, have in possession or under control any wildlife caught, taken or killed outside of this state which were caught, taken or killed at a time, in a manner, or for a purpose, or in any other respect which is prohibited by the laws of the state, territory or country in which the same were caught, taken or killed; or which were shipped out of said state, territory or country in violation of the laws thereof.

B.	The following terrestrial wildlife species or viable gametes (eggs and sperm) are hereby determined to be detrimental to existing wildlife and their habitat in Colorado, and except as authorized in writing by the Division of Wildlife in accordance with criteria in Commission Regulation #1102(A)(4) and consideration of the potential for and adverse impacts of hybridization with native wildlife, their possession is prohibited.  Persons who have proof of possession of those species listed in subsections 1 through 8 of this section prior to September 1, 1990, may possess the following species for the life of the animal(s).  These live animals may not be transported, imported, sold, bartered or traded within Colorado.  They may be transported out of state according to state and federal regulations.  All animals held under the grandfather clause must be tagged, recorded, and reported as per Commission Regulations #1106, #1109, and #1110.

1.	All species and hybrids of wild species in the subfamily Caprinae not native to North America. (Exotic sheep and goats including but not limited to: mouflon, barbary sheep, tahr, chamois.)
2.	The following genera in the subfamily Hippotraginae.  Oryx sp, Addax sp.
3.	The following genera in the subfamily Alcelaphinae.  Wildebeest (Connochaetes), Hartebeest (Alcelaphus), Damaliscus sp, Blesbok sp.
4.	White‑tailed deer (Odocoileus virginnianus)
5.	All wild species and hybrids of wild species in the family Suidae (European boar, Eurasian boar, Russian boar, feral hog) and the family Tayassuidae (Javelina and peccary).
6.	Red deer (Cervus elaphus), and hybrids of elk (Cervus elaphus canadensis) roosevelti, manitobensis, nannodes, and nelsoni, with any other cervidae.
7.	Raccoon.
8.	Nonnative species of the subfamily Tetraoninae, including but not limited to red grouse, black grouse and Capercaillae.
9.	Striped skunks - Mephitis mephitis.
10.	Hedgehogs - Erinaceus spp., (except Erinaceus albiventris or Atelerix albiventris); Hemiechinus spp.; Paraechinus spp.
11.	Brush-tailed opposums - Trichosurus vulpecula, Trichosurus arnhemensis, and Trichosurus caninus
12.	Monk parakeet - (Myiopsitta monachus)
13.	Tree or sun squirrels (Heliosciurus spp.)
14.	Rope squirrels (Funisciurus spp.)
15.	Dormices (Graphiurus spp.)
16.	Gambian giant pouched rats (Cricetomys spp.)
17.	Brush-tailed porcupines (Atherurus spp.)
18.	Striped mice (Hybomys spp.)
19.	Prairie dogs (Cynomys spp.) provided however that native prairie dogs may continue to be possessed pursuant to licenses or permits granted by the Division for scientific collection, relocation or rehabilitation purposes. 
20.	All species and hybrids of non-human primates, except as authorized by § 35-80-108 C.R.S.

C.	If any diseased wildlife, which would have a significant detrimental effect on Colorado's wildlife resource as determined by the Director, are found such wildlife may be destroyed or held in quarantine at the owner's expense until disposition is determined. Possession, transfer or any other act relative to such wildlife contrary to the Director's determination of disposition is prohibited.  Any occurrence of CWD in a commercial wildlife park, including the detection of CWD in either a wild or private animal within the exterior boundaries of the park or facility requires the immediate quarantine of the facility.  De-population upon a positive diagnosis of CWD shall be required if the Division and the Dept. of Agriculture agree that the herd presents a substantial risk, taking into consideration the size and location of the facility, the presumed length of exposure, the effectiveness of the fence, and other relevant factors.   The quarantine shall remain in place and no re-stocking of cervids including, but not limited to, stocking for the purposes of the operation of a terminal facility, shall occur without written agreement of the Division and the Dept. of Agriculture.  In addition to required testing of all mortality’s, the herd shall be closely monitored and all clinically suspect animals shall also be destroyed and tested.  Any deer or elk brought onto a facility in violation of quarantine or re-stocking plan must be immediately destroyed and tested for CWD.   If CWD is detected in any of these, all other private deer or elk that have come into contact with these animals must be immediately destroyed and tested for CWD. In all such cases, there shall be no obligation for the state to compensate the owner of the animals.

D.	The Director shall determine when destruction of wildlife, a quarantine or disinfection is required at any federal, state, private or commercial fish or wildlife production facility.  If the Director determines that either destruction, quarantine or disinfection is required, he shall issue a written order to the owner or operator of the facility setting forth the steps for destruction and/or disinfection.  Required disinfection of holding facilities will be completed at the owner's expense.  If the owner disagrees with the Division's determination he shall have the right to appeal the decision to the Wildlife Commission provided notice of such appeal is given to the Director within twenty‑four (24) hours of receipt of the order.

E.	Any species on the prohibited list in #008(B) that escapes the owners or guardians control will be deemed to be detrimental to native wildlife and can be removed from the wild by the Division of Wildlife as per Commission Regulation #1113(A).

F.	All big game hunting parks as defined in Commission Regulation #1104(A)(1), shall develop and submit a plan to accomplish bovine tuberculosis testing and/or slaughter surveillance for captive wild ungulates beginning January 1, 1993.  Plans must be submitted to the Division of Wildlife for approval by January 1, 1993, and must be approved by the Director and State Veterinarian prior to implementation.

#009 ‑ RELEASE OF TERRESTRIAL WILDLIFE

A.	Except as allowed by these regulations it shall be unlawful for any person to release or possess for release any species of wildlife (native or non‑native).   Provided further, that as concerns licensed wildlife rehabilitators, possession and release of native species listed on the Division of Wildlife prohibited list (#008(B)) must be pursuant to prior authorization in writing from the Division of Wildlife.  Such authorization may include restrictions regarding the location or timing of any release.

B.	Only the following live game birds may be released in Colorado: ring‑necked pheasants, Gambel's, scaled, and bobwhite quail, chukar, gray partridge, and mallard ducks.  Release is prohibited on public lands unless authorized in Chapter 9 of these regulations.  Exceptions to this species list may occur with the approval of the Director of the Division of Wildlife or his designee.  Any exceptions, granted by the Director must follow the criteria established by the Commission for the release of wildlife pursuant to this subsection.

1.	Up to 25 privately-owned game birds may be released on private land.

2.	Privately-owned game birds may be released on State Wildlife Areas specifically authorized for that purpose in #901 of these regulations.  Up to 25 game birds may be released for dog training.  More than 25 game birds may be released for field trials authorized under #801 of these regulations. 

3	Privately-owned game birds may only be hunted on the day of release, and there is no hunting license required except as required by #80 of these regulations.  The total number of game birds taken shall not exceed the number of birds released.  

4.	All released privately-owned game birds not taken by hunting on the day of release shall become property of the state.

5.	Such wildlife shall be accompanied by a receipt showing that the wildlife have been lawfully acquired, to include the source and the purchase or acquisition date.  

6.	Migratory birds shall be banded with a USFWS band except for falconry activities authorized by Chapter 6 of these regulations.

C.	Except for falconry activities authorized by Chapter 6 of these regulations the release of species and hybrids of raptors not native to Colorado is prohibited.

D.	Native raptor breeding stock or the offspring of breeding stock may be released in the wild, provided the following conditions have been met:

1.	Written request for permission to release be submitted to the Division of Wildlife 30 days in advance.
2.	For threatened and endangered species, the proposed release must be in accordance with a recovery plan approved by the Division of Wildlife.
3.	Documentation is provided proving the individual birds involved are capable of survival in the wild.
4.	Birds to be released are supplied with permanent markers as provided in these regulations.
5.	Written approval by the Division of Wildlife is required prior to the release, which shall be granted if the requirements of this regulation have been met.

ARTICLE VII ‑ AQUATIC WILDLIFE

 #010 – TRANSPORTATION OF AQUATIC WILDLIFE

A.	All aquatic wildlife being transported within Colorado must at all times be accompanied by, and may only be transported within Colorado pursuant to:

1.	A personal or commercial fishing license,
2.	A donation certificate,
3.	A receipt from a commercial or private lake licensee, permitted aquaculture facility or permitted pet animal facility,
4.	An aquaculture facility permit,
5.	A pet animal facility permit,
6.	An importation permit, or
7.	A bill of lading or other similar documentation evidencing that the wildlife is being transported through Colorado for delivery in another state and containing the name, address and phone number of both the source and receiving person or facility.

Original documentation is only required when transporting aquatic wildlife pursuant to a personal or commercial fishing license, a donation certificate or any kind of receipt.  In all other cases, legible copies of the required documents will suffice.

B.	Live aquatic wildlife may only be transported pursuant to a personal fishing license (aquatic wildlife for use as bait only), a commercial fishing license, a receipt from a permitted aquaculture or pet animal facility, an aquaculture facility permit, a pet animal facility permit, an importation license, or a bill of lading or other similar documentation.

C.	All live fish transported within Colorado must be accompanied by a copy of the fish health certificate for the source facility evidencing its compliance with #014 Aquatic Wildlife Health Management, unless the bill of lading or other similar documentation shows that the shipment is being transported through Colorado for delivery in another state.