FILING – 09/28/2007
Basis and Purpose
Chapter 11 - Commercial Parks

BASIS AND PURPOSE STATEMENT

The Division has recently been asked by state and local government agencies as well as various non-governmental entities how the Division would respond should a facility containing animals from the families Canidae, Felidae or Ursidae, or more commonly wolves, big cats (African lions, tigers, etc.) and bears become abandoned.  As the legislatively mandated licensing entity for these facilities, the Division has expressed concerns about animal welfare and public safety in the event a facility holding animals from one of these three families is abandoned or otherwise forced to close and immediately dispose of its animals.  In order to prepare for this contingency, regulations have been passed requiring facilities holding animals from these three families to submit a contingency plan and generally accepted financial assurance sufficient to ensure implementation of the plan prior to further licensure by the Division.

After various discussions between industry representatives and the Division, it was agreed to add the term “other financial assurance acceptable to the Division.”  While the norm is expected to be providing financial assurances as listed in the regulation (ie - irrevocable letter of credit, surety bond or closure insurance), all parties involved in the discussions felt it was important to allow for other financial mechanisms not originally considered which would provide the same assurance and would be mutually acceptable to the Division and the licensee.  These forms of financial assurance may include collective or cooperative bonding which is expressly agreed upon by the licensee and the Division.

The statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§ 33-1-101, 102, 104, 105, 106-108, 115, and 121; §§ 33-2-104, 105, 106, and 107; § 33-3-104; §§ 33-4-101, 102, 102.5, 103, 116, 116.5, 117, and 119; § 33-5.5-102; and §§ 33-6-107, 109, 112, 113, 113.5, 114, 114.5, 117, 119, 120, 121, 124, 127, 128, 129, 131, 205, 206, 207, and 208. 

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE NOVEMBER 1, 2007 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.

APPROVED AND ADOPTED BY THE WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 13th DAY OF SEPTEMBER, 2007.
Approved:
Thomas M. Burke
	Chairman

Attest:
Robert W. Bray
Secretary