FINAL REGULATIONS - CHAPTER 11 - WILDLIFE PARKS AND UNREGULATED WILDLIFE
As Approved Version – 9/07/2006
ARTICLE II -	LICENSE REQUIREMENTS, LICENSE EXEMPTIONS, LICENSE TYPES, APPLICATION AND RECORD REQUIREMENTS, AND LICENSE RENEWAL.

	#1102 -  LICENSE REQUIREMENTS.

A.	Except as authorized by Wildlife Commission regulation:

1.	No person shall possess, sell, propagate, acquire, purchase, broker, transport, trade, barter or attempt to sell, propagate, acquire, purchase, broker, trade or barter live wildlife unless such person first obtains a proper license.
2.	No person shall possess, buy, sell or attempt to buy or sell live wildlife or barter, trade or broker live wildlife except to or from persons properly licensed to purchase, sell, barter, trade, broker or possess such wildlife.  When permitted by statute or Commission regulation, any person may buy or sell captive wildlife that is in the total custodial care of another licensed individual; however, ownership of said wildlife shall be indicated on the licensee's annual report.
3.	All live wildlife possessed under the authority of these regulations must be approved by the Division and listed by species on the license.  Live wildlife held under the authority of a commercial park license issued pursuant to this chapter may be possessed only for the stated commercial use.  Wildlife held under the authority of this license must be held in a licensed facility unless it is being transported due to sale or purchase, for veterinary care, or to and from an exhibition approved by these regulations.
4.	Approval of a license application shall not be granted if the proposed wildlife is deemed to be detrimental to native wildlife.  Such approvals shall limit the species to be possessed and shall specify fencing configuration requirements necessary to protect Colorado's wildlife resources from significant negative impacts.  Such approvals, denials, and any conditions imposed on such license shall be based on consideration of:

a.	Potential habitat competition, damage or destruction.
b.	Disruption of migration, breeding, or rearing and survival of young.
c.	Predation.
d.	Disease.

Additionally, these restrictions may include those necessary to minimize the danger to humans, domestic livestock or property.

5.	New applications for Commercial Wildlife Park Licenses or new satellite facilities for species in the family Cervidae will not be approved anywhere in the state.  Licenses issued prior to September 13, 2001 are eligible for renewal for 2002, except that licenses for mule deer are only eligible for renewal if the deer were in possession when the renewal application was received by the Division.		 
6.	All big game animals owned by the State shall be removed from the confines of the proposed commercial area at the applicant's expense before the application for a license is approved.  The applicant shall provide to the Division of Wildlife a plan or plans for removal.  The Division shall supervise all removal operations.  Where complete removal is not possible or management on site is deemed appropriate by the Division, the State must be fully compensated pursuant to written agreement for the animals and/or provide sufficient free public hunting to remove the animals. 
7.	Licenses shall be issued only for facilities which are owned, managed and/or leased by a single individual, partnership, limited liability company, cooperative, or corporation.
8.	Licensees shall notify the Division when substantive changes to their commercial parks facility, such as fence length, fence configuration or acreage enclosed, the addition of non-contiguous parcels of land (satellite facilities), or species to be possessed are planned.   Satellite facilities must comply with all licensing criteria and other applicable regulations.  Such changes must be approved by the Division prior to construction or acquisition to include necessary license amendments.

a.	To add additional families of wildlife to an existing license, the licensee must fill out a new license application listing the desired families.  The amended license must be approved prior to the licensee acquiring and possessing any species within a previously unapproved family.  In addition, the licensee must inform the Division in writing within 15 days following the acquisition of any new species under a previously approved family.

9.	Only AZA accredited or certified facilities (commercial wildlife parks or wildlife sanctuaries) shall be permitted to possess animals from the families Canidae, Felidae and Ursidae, except that those animals lawfully in possession at such facilities before January 1, 2006 may be retained and those facilities licensed by the Division as a commercial wildlife park prior to January 1, 2001, and incorporated as a 501(c)(3) non-profit, which functioned as a wildlife sanctuary, may continue to import animals from these families.
	
#1104 - LICENSE TYPES

C.	Wildlife Sanctuary License
As provided in § 33-1-106, C.R.S., Wildlife Sanctuary licenses are issued to wildlife sanctuaries as defined in § 33-1-102, C.R.S.  Wildlife Sanctuary licenses cost $100 as provided in § 33-4-102 C.R.S.

1.	Wildlife Sanctuary licenses may be issued only to nonprofit entities.

2.	Wildlife sanctuaries must comply with all requirements of § 33-1-102(52) and § 33-4-102(14), C.R.S.

3.	Except as provided herein, wildlife sanctuaries must be certified by the AZA as a “related facility” prior to and maintain such certification as a condition of the issuance of a wildlife sanctuary license.  Facilities previously licensed by the Division as a commercial wildlife park prior to January 1, 2001, and incorporated as a 501(c)(3) non-profit which functioned as wildlife sanctuaries may continue to operate as wildlife sanctuaries under the wildlife parks facility requirements set forth in Regulation No. 1108.  In addition, these existing facilities may expand operation onto contiguous property owned by them under those same facilities requirements and without AZA certification. 

4.	Wildlife possessed by a wildlife sanctuary shall be surgically sterilized within thirty days of arrival, except that pregnant animals shall be surgically sterilized immediately following weaning and animals eligible for participation in the AZA’s Species Survival Plan (“SSP”) need not be sterilized.  However, documents supporting such SSP eligibility must be provided to the Division within 30 days of arrival at the wildlife sanctuary.

Any nonprofit sanctuary facility previously licensed by the Division as a commercial wildlife park prior to January 1, 2001, shall submit a sterilization plan for wildlife possessed by such facility for approval by the Division.  Such plan shall be submitted to the Division by January 1, 2006 and shall provide for surgical sterilization of all wildlife possessed at such facility as of November 1, 2005, in an expeditious manner, but in no event later than May 1, 2007.  Wildlife brought onto such a facility after November 1, 2005, shall be surgically sterilized within thirty days of arrival, except that pregnant animals shall be surgically sterilized immediately following weaning.

In lieu of surgical sterilization, wildlife sanctuaries may submit a birth control plan for animals located on the facility for approval by the Division.  Such plans may be approved if they provide sufficient assurances against propagation of animals at the facility.

5.	No wildlife taken from the wild shall be possessed by any wildlife sanctuary.