AS APPROVED - 01/10/2008

FINAL REGULATIONS - CHAPTER 0 - GENERAL PROVISIONS

ARTICLE VI ‑ TERRESTRIAL WILDLIFE

#006 – TRANSPORTATION 

A.	Harvested Terrestrial Wildlife

1.	Wildlife for which a carcass tag is required by statute or by Commission Regulation must have such tag properly attached to the wildlife unless the wildlife consists of twenty (20) pounds or less of big game meat and is accompanied by a donation certificate.

2.	Processed big game meat shall be accompanied by the carcass tag, or in the case of donated meat a donation certificate.

3.	Except as provided in subsection four (4) below, wildlife for which no carcass tag is required must be personally accompanied by the license holder.

4.	Wildlife shipped by common carrier must be accompanied by either the license, a photo copy of the license, or appropriate carcass tag, and if applicable, a donation certificate.

5.	Evidence of sex regulations as provided in #003 shall apply while transporting any wildlife except for processed big game meat.

B.	Live Terrestrial Wildlife
1.	Intrastate transportation of those species of live wildlife listed in #008(B) is prohibited.

2.	Any exportation of live wildlife held under authority of Colorado Wildlife Parks or Lakes licenses shall be in accordance with the rules and regulations of the receiving country, state or province.

3.	All wild ungulates transported within Colorado must be marked with U.S. Department of Agriculture (USDA) official eartags or tags approved by the Division of Wildlife.

4.	All live captive cervids transported within Colorado must test negative for tuberculosis (TB) within sixty (60) days prior to movement anywhere within Colorado except that live captive cervids originating from herds with a "Colorado TB tested elk herd" or a "Colorado TB accredited elk herds" status issued by the Colorado Department of Agriculture (Dept. of Agriculture) shall be exempt from intrastate TB testing requirements.  Tuberculosis testing shall be accomplished using a single strength cervical (SSC) tuberculin test performed by an accredited veterinarian who has prior training to conduct such tests.  An official certificate of veterinary inspection (listing the animal identification, as well as the dates and results of such testing, or the Dept. of Agriculture herd status number) shall also accompany all shipments of live captive cervids within Colorado.

5.	All captive wild ungulates transported within Colorado after July 1, 1993, must originate from a "Colorado tuberculosis tested herd" or a "Colorado tuberculosis accredited herd" as determined under procedures approved by the Dept. of Agriculture as set forth in Appendix A to this regulation.

6.	CWD Surveillance  
	Commercial Wildlife Parks facilities seeking to move live deer or elk within Colorado must obtain written authorization from the Director and shall request such authorization from the Division at least 30 days prior to the proposed movement date.  Deer and elk from alternative livestock facilities licensed by the Dept. of Agriculture being transferred into Commercial Wildlife Parks are included in this requirement. Provided further that no such captive cervid transportation will be permitted anytime a new CWD diagnosis is made in any such facility, until all tracebacks have been completed and CWD-free facility status has been confirmed. 
a.	Criteria for approval or denial: 
1.	Written authorization will be based on compliance with a sixty (60) month surveillance requirement for CWD including a review of inventory records for all deer and elk on the facility.  Such review shall include proof of individual animal identification; all additions, exports and mortalities; and copies of the results of any animal inventory or records of 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, or a negative result from another CWD diagnostic test conducted by an accredited laboratory, which test has been approved by the Director and State Veterinarian as having equal or greater diagnostic reliability, in all adult (16 months of age or older) deer and elk dying of any cause over the required surveillance period. 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 in the facility during that time period and all deer and elk imported into the facility during that time period also meet the sixty (60) month requirement, unless the Division and the Dept. of Agriculture agree that movement does not present a substantial risk of moving CWD based on the location of the source and receiving facilities, length of surveillance at the source facility, fencing at the receiving facility and other relevant factors.  

2.	For the purpose of determining and maintaining 60 months CWD-free status, records must positively account for all animals and cause of death, unless the Division and the Dept. of Agriculture agree otherwise.  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 that the associate risk is negligible, taking into consideration the possibility of predation, theft, or other relevant factors.  Provided, however, that anytime a facility receives animals from another in-state facility with lower CWD status, the receiving facility shall assume the lower CWD status level.   Any deer or elk transported within Colorado as described in G above 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.   In addition, the status of the receiving herd may be reduced up to 0 months.  Both the source facility and the receiving facility are quarantined upon discovery of the violation, until test results show that CWD was not detected in any of the subject animals.  If CWD is detected in any of them, the quarantines remain 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.

3.	All cervid mortalities of animals 16 months of age or older shall be submitted for CWD testing. If CWD is detected in any animal, the status of the herd exposed to such animal shall be reduced to 0 months.

4.	Upon receipt of any request to move captive wildlife or alternative livestock to a captive wildlife facility within the state, the Division shall forward the request and all necessary documentation, including but not limited to, the status records for the facilities involved, to the Dept. of Agriculture for review and approval.  The Dept. of Agriculture shall render its determination regarding risk within 5 working days of receipt of all necessary documentation.  If no such determination is received by the Division at the end of the five working days, the Division may presume that the Dept. of Agriculture has no objection to the requested movement. 

5.	No evaluation of determination of CWD risk is required for alternative livestock or captive wildlife shipped directly to slaughter or to a biosecure facility approved by the Division and the Dept. of Agriculture.

#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, or a negative result from another CWD diagnostic test conducted by an accredited laboratory, which test has been approved by the Director and State Veterinarian as having equal or greater diagnostic reliability, 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.

ARTICLE VII ‑ AQUATIC WILDLIFE

#013 ‑ RELEASE OF AQUATIC WILDLIFE

A.	Except as provided herein, it shall be unlawful for any person to release any native or nonnative aquatic wildlife in Colorado.    

B.	Except as otherwise restricted by these regulations, and provided a person possesses the appropriate stocking permit, letter of authorization or commercial or private lake license, the following species are authorized for release in the drainages indicated:
	
1.	All drainages statewide – rainbow (Oncorhynchus mykiss), brook (Salvelinus fontinalis), brown (Salmo trutta), and cutthroat trout (Oncorhynchus clarki), and their hybrids, crappie (Pomoxis nigromaculatus) and (Pomoxis annularis), fathead minnow (Pimephales promelas), bluegill (Lepomis macrochirus), channel catfish (Ictalurus punctatus), largemouth (Micropterus salmoides)and smallmouth bass (Micropterus dolomeiui), green sunfish (Lepomis cyanellus) and grass carp (Ctenopharingodon idella).

2.	All drainages statewide, except for salmonid habitat – walleye (Sander vitreum), gizzard shad (Dorosoma cepedianum), yellow perch (Perca flavescens), and wipers (Morone chrysops X Morone saxatilus).

C.	Owners or lessees of property may release or otherwise provide for or allow the release of any of the above species of fish into waters of the state (flowing or standing) located on property they own or lease provided they have obtained a stocking permit, or a commercial or private lake license from the Division, or if such activities are performed by a Colorado permitted aquaculture facility or licensed aquatic wildlife importer, unless the person is exempt under Chapter 12, to release such fish.  Stocking permits and lake licenses will be approved or denied based on compliance with all other applicable regulations and a determination by the Division that such stocking will not otherwise negatively impact management of the state’s wildlife resources in the water under consideration.

D.	Licensed aquaculturists may release any of the above species of fish into waters of the state (flowing or standing), upon receipt of an annual letter of authorization from the Division to be sent upon issuance or renewal of the aquaculture license, provided that such release is in accordance with the provisions of regulations #011, #012 , #013 and #014, and provided that aquaculturists submit an annual report on a form provided by the Division, containing information regarding the facility of origin, date, species, size, number and stocking location of all fish released by the aquaculturist in the previous calendar year.  Provided further, however, that the stocking of non-salmonid species at elevations below 6500 feet in the Upper Colorado River Basin, or northern pike, or tiger muskies, or prohibited species, anywhere in the state, or salmonid species in the mainstem of the Colorado River below Windy Gap Reservoir downstream to the confluence with the Williams Fork River, or any fish in native cutthroat waters, is allowed only if the owner or lessee of the property first obtains a stocking permit, or private or commercial lake license, for that purpose from the Division.

1.	The waters identified in Appendix C, including the upstream tributaries and drainages, are designated as stocking restricted cutthroat trout waters. Maps and a copy of Appendix C will be provided to all salmonid fish production facilities and with each salmonid importation permit issued by the Division.

E.	Except as otherwise provided in these regulations for the Upper Colorado River Basin below 6500' elevation, diploid or triploid grass carp may be released into waters of the state in accordance with the following restrictions:

1.	All shipments of triploid grass carp must be accompanied by a copy of the original certificate of triploidy issued by the U S Fish and Wildlife Service for that lot of fish.

a.	Aquaculture facilities which do not hold diploid grass carp and which have been designated by the Dept. of Agriculture on their aquaculture permits for grass carp as "triploid grass carp only" facilities may hold triploid grass carp over from year to year and release these fish in triploid waters. The triploidy certificate will be accepted for the lot until all fish have been released. 

b.	The triploid certificate for triploid grass carp held in aquaculture facilities which hold both diploid and triploid fish will be accepted until the end of the calendar year.  If stocked after that date, the fish must be stocked as diploid grass carp. Triploid grass carp acquired after January 1 of each year must have a new triploidy certificate for each lot of fish. 

c.   Diploid grass carp can only be held in facilities on the east slope.  If triploid grass carp are held in the same aquaculture facility prior to release, they must be held in containers separate and distinct from those holding diploid grass carp. When diploid and triploid grass carp are held in separate cages in the same raceway, any fish which escapes from a cage will be considered a diploid.  

d.   Diploid grass carp may be transported through the west slope (west of the Continental Divide and in the Rio Grande Basin) only when the destination is on the eastern slope or in another state. 

2.   Diploid or triploid grass carp may be released into standing water or irrigation ditches east of the Continental Divide, except in the Rio Grande Basin.

3.   West of the Continental Divide and in the Rio Grande Basin:

a.	Only certified triploid grass carp may be released into standing waters and must be at least eight inches in length at the time they are released.

b.	Such waters must be screened prior to stocking to prevent escape of fish. All screens shall be maintained so as to prevent such escape, and at least one measurement of the gap size shall not exceed one & one-quarter (1 1/4) inch. All such screens may be inspected on an annual basis by the Division or its designated representative.

c.	Grass carp to be held in aquaculture facilities west of the Continental Divide and in the Rio Grande Basin must be a minimum of 8" in length at the time they are placed in the facility.  Any undersized fish that are inadvertently present in a shipment must be removed or handled in a manner to ensure that such fish cannot escape from the facility. 

F. 	Upper Colorado River Basin

1.   Within the Upper Colorado River Basin, and except as provided herein, no person shall release any species or subspecies of fish below 6500 feet in elevation which did not originate naturally, either presently or historically, in Colorado.

a.	Channel catfish and fathead minnow may be released into ponds, lakes and reservoirs below 6500' in elevation, except in critical habitat, provided the receiving water is isolated or its outlet(s) are screened prior to stocking to prevent escape of fish or their progeny.

b.	Mosquitofish (Gambusia affinis) may be released into ponds, lake and reservoirs below 6500' in elevation but above the 50 year floodplain of those river reaches defined as critical habitat, provided the receiving water is isolated, or its outlet(s) are screened prior to stocking to prevent escape of fish or their progeny.

c.	Certified triploid grass carp at least 8 inches in length, bluegill, black crappie, and  largemouth bass may be released into ponds, lake and reservoirs below 6500' in elevation, including waters located within the 50 year floodplain of those river reaches defined as critical habitat, provided the receiving water is isolated or its outlet (s) are screened prior to stocking to prevent the escape of fish or their progeny. Provided further, that all ponds, lakes or reservoirs within the 50 year floodplain must have an existing, modified or constructed dike meeting standards sufficient to resist at least the 50 year flood.  Minimum dike standards include the following:

1.	The dike must be designed and constructed in accordance with recognized and accepted engineering practices;

2.	The dike must be capable of withstanding the hydrodynamic and hydrostatic forces, and the effects of buoyancy associated with a 50 year flood.

3.	The dike must be five feet above the ordinary high water line (OHWL).

All dikes must be certified in writing as meeting these standards by a qualified engineer, prior to stocking.  The report shall be submitted to the Division of Wildlife and shall include a consideration of depth and duration of flooding, floodplain elevation, dike geometry, dike and foundation materials, dike compaction, penetrations, and other factors affecting penetrations, localized river channel constrictions and conditions, and any other factors that may affect the ability of the dike to withstand flood events. 

2.   Salmonids may be released within the Upper Colorado River Basin except in those river reaches defined as critical habitat.

3.   Smallmouth bass, northern pike (Esox lucius), and tiger muskie (Esox lucius X Esox masquinongy) may be released except in critical habitat, within the Upper Colorado River Basin, and then only if:

a.	The fish are acquired within the basin from an existing population below 6500' in elevation; and

b.	The receiving water already contains the species and is isolated or its outlets are screened to prevent the escape of the fish or their progeny.

All such relocations of fish must be authorized in advance and in writing by the Division. 

4.    All ponds, lakes or reservoirs within the Upper Colorado River Basin which require, or rely upon, dikes or screens to prevent the escape of stocked fish and their progeny will be inspected on an annual basis by the Division or its designated representative.  All dikes and screens shall be maintained to prevent the escape of fish and their progeny.  Whenever screens are required, at least one measurement of the gap size shall not exceed one-quarter (1/4) inch.

G.  Release of aquatic wildlife must comply with all applicable regulations including but not limited to the restrictions in #011, #012, and #014 of these regulations.

#014 – AQUATIC WILDLIFE HEALTH MANAGEMENT

A.  Inspection and Certification for Prohibited and Regulated Fish Diseases   

1.   Annual fish health inspections and certifications are required for all in-state fish production or holding facilities, which sell or stock live fish, and out of state facilities importing live fish into Colorado. A fish health certification will terminate one year from the effective date of certification or upon discovery of a prohibited or regulated disease, whichever occurs first. However, provided the facility requests its annual fish health inspection within 12 months of the effective date of its last certification, its fish health certification shall be valid for fifteen months or whenever its subsequent inspection report is available, whichever occurs first. In the absence of a timely written request for an annual fish health inspection the fish health certification shall terminate 12 months from the effective date of its last certification. A copy of such certification must accompany each fish shipment within or into Colorado.

 2.  All such facilities shall be annually inspected by a qualified fish health pathologist for both prohibited and regulated diseases as applicable.

a.   Prohibited diseases 

1.   All salmonid facilities must be certified to be free of the following diseases:

Infectious Hematopoietic Necrosis Virus (IHNV)
Viral Hemorrhagic Septicemia Virus (VHSV)
Oncorhynchus masou Virus (OMV)

2.	All facilities with non-salmonid fishes must be certified free of Viral Hemorrhagic Septicemia Virus (VHSV).

3.   Inspection and Certification for Other Diseases of Concern: susceptible or potentially susceptible species from all importing facilities within the applicable endemic disease areas, including both salmonid and nonsalmonid fish production or holding facilities, must also be annually certified by a qualified fish health pathologist to be free of the following diseases:

Ceratomyxa shasta (Ceratomyxosis)
Epizootic Epitheliotropic Disease (EEV)
Infectious Salmon Anemia Virus (ISAV)
Piscirickettsia salmonis
Tetracapsula bryosalmo (Proliferative Kidney Disease – PKD)
Spring Viremia of Carp Virus (SVCV)

b.   Regulated diseases – all salmonid facilities must be certified for the presence or absence of the following diseases:

Myxobolus cerebralis (Whirling Disease – WD)
Renibacterium salmoninarum (Bacterial Kidney Disease - BKD)       
Aeromonas salmonicida (Furunculosis)
Infectious Pancreatic Necrosis Virus (IPNV)
       
3.	Testing procedures. 
a.	Except for Viral Hemorrhagic Septicemia Virus (VHSV) and as otherwise provided in these regulations, all inspections and testing procedures must be conducted as set forth in the Blue Book: USFWS and AFS-FHS (U.S. Fish and Wildlife Service and American Fisheries Society-Fish Health Section). 2005. Standard procedures for aquatic animal health inspections. In AFS-FHS. FHS Blue Book: Suggested procedures for the detection and identification of certain finfish and shellfish pathogens, 2005 edition. AFS-FHS, Bethesda, Maryland.  This document can be viewed and copies obtained at the Division of Wildlife as set forth in the “Incorporated References” section of Chapter 0 of these regulations.

b.	Testing for Viral Hemorrhagic Septicemia Virus (VHSV) shall be conducted by the protocols and procedures of:
1	The Blue Book: USFWS and AFS-FHS (U.S. Fish and Wildlife Service and American Fisheries Society-Fish Health Section). 2005. Standard procedures for aquatic animal health inspections. In AFS-FHS. FHS Blue Book: Suggested procedures for the detection and identification of certain finfish and shellfish pathogens, 2005 edition. AFS-FHS, Bethesda, Maryland, or 
2.	The Manual of diagnostics for aquatic animals. 2006. of the OIE - World Organisation for Animal Health, 12 rue de Prony 75017 Paris, France. 
These documents can be viewed and copies obtained at the Division of Wildlife as set forth in the “Incorporated References” section of Chapter 0 of these regulations.

4.	Authority to exempt applicants from specific pathogen testing is granted to the Director, upon consultation with, review, and recommendation from the Fish Health Board, when the following criteria are met: 

a.	Compliance with testing requirements would result in an unacceptable impact on the sample population.

b.	There is minimal risk of introducing an exotic pathogen into the state.

c. 	There is minimal risk of exposing free-flowing waters to any specific pathogen.

d. 	Adequate provisions for management and disposition of the fish and adequate disinfection of the water as necessary are made and incorporated as conditions of the importation permit.

Application for such an exemption shall be submitted to the Division at least fourteen (14) working days prior to the proposed importation date.  The Director shall have fourteen (14) working days to approve or disapprove the application.  The Fish Health Board shall review and submit its recommendation to the Director within seven (7) working days after receipt from the Division.

B.   Reportable Diseases: the presence of any prohibited or regulated disease at an in-state or importing facility shall be immediately reported to the Division.       

C.   Management of Prohibited and Regulated Fish Diseases. 

1.   Prohibited Disease agents.

a.   No fish or gametes (eggs and sperm) with, or exhibiting clinical signs of, any Prohibited Disease, or any other infectious agents determined by the Director to pose a significant threat to Colorado’s aquatic resources, may be imported or placed in waters of this state without written approval of the Director. Written approval may be granted only after the following conditions have been met:

1.	The Director has determined that no damage or undesirable effects to existing fish populations and their habitat will occur.

2.	The nature of any disease(s) must be positively determined and documented.

b.   If fish are found with Prohibited Diseases or any diseased wildlife, which would have a significant detrimental effect on Colorado's wildlife resource as determined by the Director, are found at any fish production or holding facility they may be destroyed or held in quarantine at the owner’s expense, in accordance with 33-5.5-102 C.R.S.  Possession, transfer or any other act relative to such wildlife contrary to the Director's determination of disposition is prohibited.

c.   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 seventy-two (72) hours of receipt of the order.

2.   Regulated Disease Agents

a.	Myxobolus cerebralis (Whirling Disease – WD) 
 
1.  Myxobolus cerebralis testing

aa.	At the time of the annual inspection for whirling disease certification, all facilities in Colorado or facilities importing fish into Colorado shall be tested using either of the two methodologies listed below. 

1.	Spore Concentration Technique: The facility shall provide at least one lot of live salmonids (minimum lot size of 260 fish) for whirling disease testing that has been in the facility’s water supply for at least 10 months.  As a screening procedure, fish shall be tested for the presence of Myxobolus cerebralis (M.c.) using a spore concentration technique (“SCT”).  Samples must consist of whole heads, which are processed fresh and individually.  Minimum sample size of lots in aggregate shall be determined at the assumed prevalence level of 5% with 95% confidence.

aaa.	Any negative finding will be conclusive for the absence of M.c.

bbb.	Any positive finding will be presumptive for the presence of M.c. All presumptive SCT  findings shall be confirmed by PCR.  PCR results shall be conclusive as to the presence or absence of M.c.

2. 	Polymerase Chain Reaction (PCR) Technique: As an alternative to SCT, susceptible salmonids held at least 4 months in the water supply may be tested by PCR. A positive finding in such instance shall be considered presumptive for the presence of M.c. Confirmation shall be determined by a second PCR conducted by a different laboratory.

bb. Sample size – for the purpose of annual inspections for M.c., the minimum sample size for determination of prevalence shall be sixty susceptible fish per water supply in a salmonid fish production facility.

cc.	Stocking from facilities which are presumptive for M.c. shall comply with the provisions of release of Myxobolus cerebralis positive fish during confirmatory testing.  PCR tests for presumptive positives will be the highest priority for testing and every effort will be made to complete the test within 21 days.

dd. For the purpose of conducting confirmatory testing, should it become necessary, at least 100 fish from each lot tested, with at least 200 total fish from tested lots, shall be held at the facility for up to 3 weeks after the initial inspection date.

ee.  Diagnostic or incidental observations of M.c. by histology (presence of morphologically correct organisms within salmonid skeletal tissues) shall be presumed positive for the organism. Presumptive findings by histology shall be confirmed by PCR.

2.   WD Negative Recertification: In order for the Myxobolus cerebralis (M.c.) status of a salmonid fish production facility to change from positive to negative, the owner and/or operator of the facility must complete all of the requirements of either aa or bb below:

aa.	Method 1 - Facility modifications and testing for M.c.:

1.	Render all originating water sources at the facility free of all fish and enclosed so as to prevent outside contamination by M.c. .

2.	Construct all rearing spaces and water conveyances of concrete, fiberglass, steel, or other manufactured impermeable materials that are not conducive to colonization by the alternate oligochaete host(s) of M.c. 

3.	Completely purge all sediments from rearing spaces and water conveyances at least once every two months.

4.	After completion of steps 1 through 3, have the facility tested and found negative for M.c. according to the following procedures and schedule:

aaa. 	A minimum of three hundred rainbow trout at least four months of age shall be designated as the sentinel lot and must be individually marked by a state fish pathologist.  These fish will then be placed in approved rearing spaces selected for optimal exposure, at which time the exposure period shall begin.

bbb. Fish shall be collected and tested for M.c. by a state fish pathologist during two inspections.  A minimum of sixty fish from the sentinel lot, still bearing the previously placed tags, shall be included in each sample. The inspections shall occur at least ten months and at least fourteen months after the exposure period begins if a Spore Concentration Technique (SCT) is used.  The testing shall occur at least 8 months and at least 12 months after the exposure period begins if Polymerase Chain Reaction (PCR) is used as the testing technique.  The time frame for such testing by PCR may be shortened further if it is determined by the Director after consultation with the Fish Health Board that an additional reduction of the time frame for testing would present a negligible risk of not detecting the presence of M.c., after consideration of the following criteria:

1.   Water supply(s).

2.   Distance between water supply(s) and rearing spaces.

3.   Nature of connecting pipes and conveyances.

4.   Possibility of fish entering and exiting in water supply lines.

5.   Nature and construction of rearing spaces.
	
bb. 	Method 2 - Testing for M.c. with partial or no facility modification.	

1.   A minimum of three hundred rainbow trout at least four months of age shall be designated as a sentinel lot, and must be individually marked by a state fish pathologist.  These fish will then be placed in approved rearing spaces selected for optimal exposure to M.c., at which time the exposure period shall begin. 

2.   Fish shall be collected and tested for M.c. by a state fish pathologist during four inspections.  A minimum of sixty fish from the sentinel lots, still bearing the previously placed tags, shall be included in each sample. The inspections shall occur at least ten, fourteen, twenty-four, and twenty-eight months if SCT is used, or at least eight, twelve, twenty, and twenty-four months if a PCR is used as the testing technique after the exposure period begins. A second sentinel lot will be placed in the same rearing spaces after collection of the fourteen month sample for SCT or twelve month sample for PCR. The time frame for testing by PCR may be shortened further if it is determined by the Director that an additional reduction of the time frame for testing would present a negligible risk of not detecting the presence of M.c. after consideration of the following criteria:

aaa. Water supply(s).

bbb. Distance between water supply(s) and rearing spaces.

ccc. Nature of connecting pipes and conveyances.

ddd. Possibility of fish entering and exiting in water supply lines.

eee. Nature and construction of rearing spaces.

fff. Nature and reliability of treatment technology.

ggg. System redundancy and back-up power supply.

3. 	Sampling in these inspections will be conducted at a minimum assumed prevalence level of five percent at the ninety-five percent level of confidence per lot at least eight months old; and at a minimum assumed prevalence level of two percent at the ninety five percent level of confidence for the facility as a whole. 

cc.	Upon satisfactory completion of the requirements under either Method I or Method II, the State Fish Pathologist shall provide certification of negative M.c. status.

3.	Operation of M.c. (Myxobolus cerebralis) Positive Salmonid Fish Production Facility.

aa.  No person shall operate a salmonid fish production facility which has been diagnosed positive for Myxobolus cerebralis in salmonid habitat unless an exemption allowing such operation has been granted by the Director after consultation with the Fish Health Board.

1.	Applications for such exemptions shall be evaluated based on the following factors:

aaa.	The ability of the facility to remediate and regain M.c. negative status, and any Whirling Disease Clean-up Plan (WDCP) submitted by the applicant;	

bbb.	The risk to native cutthroat trout management habitats;

ccc.	The risk to any other salmonid habitats;

ddd.	The risk to any recreationally valuable salmonid fishery;

eee.	Social and economic impacts to private and public entities, and

fff.	The Whirling Disease Management Plan (WDMP) submitted by the applicant.

bb.	Applications for exemptions to operate a M.c. positive facility within salmonid habitat shall be submitted to the Director within 60 days of notification that the facility has tested positive for M.c.  Persons that submit timely applications for exemptions shall be allowed to continue operation, subject to all other applicable regulations, pending the Director’s decision.  Persons that fail to submit a timely application or have their application for exemption denied shall cease all salmonid fish production operations and shall dispose of the fish located on the facility within 180 days or, if the 60 day notice period runs or the application is denied after April 1st, by October 1st of the following year. 

cc.	All applications shall include a Whirling Disease Management Plan (WDMP) and, if the applicant intends to undertake facility remediation, a Whirling Disease Clean-up Plan.

dd.	The WDMP shall include the best management practices (BMP) to be used to minimize the discharge of spores and TAMS into waters of the state should the facility be allowed to continue operation while positive for M.c., including any temporary operation while the applicant undertakes clean-up of the facility.  

1.	BMP's for fish production facilities shall, at a minimum, specifically describe or address the following factors:

aaa.	The M.c. status of fish brought onto the facility;

bbb.	The size of fish brought onto the facility;

ccc.	The size of fish introduced into earthen ponds;

ddd.	Facility construction and operation;

eee.	Disinfection procedures;

fff.	Disposition of mortalities;

ggg.	Species to be reared;

hhh.	Treatment of effluent;

iii.	Exposure of vulnerable-sized fish to temperatures optimum for TAM production;

jjj.	Monitoring of effluent for spore/TAM levels, and;

kkk.	Any other site specific or disease considerations.

ee.	Persons granted an exemption to operate a M.c. positive facility within salmonid habitat shall:

1.   Comply at all times with the terms and conditions of any exemption granted by the Director, including, but not limited to, compliance with WDMP and the BMPs approved for the facility;

2.   Submit an annual report to the Division by the anniversary date of the exemption.  The annual report shall address operation of the facility and compliance with terms and conditions of the exemption.  An annual site inspection may be conducted to determine compliance with the terms and conditions of the exemption. 

ff.	Exemptions granted by the Director shall be valid unless the applicant fails to comply with the terms of the exemption, fails to submit an annual report, or new and significant information regarding the risks associated with continued operation of the M.c. positive facility, or the availability of BMPs which would improve management of the infection, supports modification of the WDMP and the exemption or revocation of the exemption.

4.	Release of Myxobolus cerebralis) (M.c.) Positive Fish 

aa. 	No live salmonid originating from a facility which has been diagnosed positive or presumptive for Myxobolus cerebralis (M.c.) may be released into salmonid habitat unless an exemption allowing such stocking has been granted by the Director after consultation with the Fish Health Board.

bb. 	Applications for exemptions shall be submitted to the Director at least 60 days prior to any proposed stocking.

cc. 	Applications for stocking exemptions shall be evaluated based on the following factors:

1.   The risk to native cutthroat trout management habitats, any other salmonid habitats or any recreationally valuable salmonid fishery, including consideration of:

aaa.	M.c. status of free-ranging fish in the water proposed for stocking;

bbb.	Proximity to native cutthroat trout waters or planned cutthroat trout recovery areas;

ccc.	Size and species of salmonids to be stocked;

ddd.	The prevalence or intensity of M.c. infection in and the total number of salmonids to be stocked;

eee.	Connection of the water proposed for stocking to other public or private water at any time during the year;

fff.	The presence of naturally reproducing salmonid species in connected waters;

ggg.	The prevalence or intensity of M.c. infection, if any, in naturally         reproducing salmonid populations present in connected waters;

hhh.	The presence and M.c. status of fish production or distribution facilities in connected waters;

iii.	The physical and operational, if an impoundment, characteristics of the water to be stocked;

jjj.	Any other factor which determined by the Director to be important in determining the risk to fish or fish habitat. 

2.	Social and economic impacts to private and public entities, and;

3.	The Whirling Disease Management Plan (WDMP) submitted by the applicant.

dd. 	All applications for stocking exemptions shall include a Whirling Disease Management Plan (WDMP).  The WDMP shall include the best management practices (BMP's) to be used to minimize the discharge of spores and TAMS to waters of the state due to the stocking of the fish. BMP's for fish stocking shall, at a minimum, specifically describe or address the following factors:

1.	Size of M.c. positive fish to be stocked;	

2.	Species of M.c. positive fish to be stocked;

3.	Facility construction and operation;

4.	Disinfection procedures;

5.	Disposition of mortalities;

6.	Treatment of effluent;

7.	Exposure of vulnerable-sized fish to temperatures optimum for TAM production;

8.	Monitoring effluent for spore/TAM levels, and;

9.	Any other site specific or disease considerations.
 
ee.	Persons granted a stocking exemption shall:

1.	Comply at all times with the terms and conditions of any exemption granted by the Director, including, but not limited to, compliance with WDMP and the BMPs approved for the stocking.

2.	Submit an annual report to the Division on the anniversary date of the exemption.  The annual report shall address compliance with terms and conditions of the exemption.  An annual site inspection may be conducted to determine compliance with the terms and conditions of the exemption. 

ff.	Exemptions granted by the Director shall be valid unless the applicant fails to comply with the terms of the exemption, fails to submit an annual report, or new and significant information regarding the risks associated with the stocking of M.c. positive fish, or the availability of BMPs which would improve management of the infection, supports modification of the WDMP and the exemption, or revocation of the exemption.    

b.	Renibacterium salmoninarum (Bacterial Kidney Disease - BKD)

1.	Bacterial Kidney Disease Management Plans: Within 30 days of finding and notification that an in-state fish production facility is positive for Renibacterium salmoninarum, the owner shall submit a written management plan to the Fish Health Board and to the Director. The plan shall address possible sources of infection, species of fish, types of rearing containers, disinfection, eradication and avoidance of recurrence of the pathogen, and the proposed disposition of positive fish.  Within 30 days after submittal, the Fish Health Board shall review the plan and submit it with a recommendation for approval, rejection or modification to the Director.  The Director shall then have 15 days to approve, reject, or modify the plan.  Before making a final decision, the Director will consider the recommendation of the Fish Health Board and the effectiveness of the plan in controlling and managing the pathogen in the fish production facility.

2.  	Re-establishment of Negative Status for BKD: In order for the Renibacterium salmoninarum status of a fish production facility or free-ranging fish population to change from positive to negative, the owner and/or operator of the facility must complete all of the requirements of either a or b below:

aa.	Method 1 - Testing for Renibacterium salmoninarum without depopulation:

After twelve months and the completion of three consecutive negative inspections at least three months apart, the State Fish Pathologist shall provide notification that the facility or population is considered negative for Renibacterium salmoninarum.

bb.	Method 2 - De-population of lots testing positive and testing for Renibacterium salmoninarum:

After de-population of lots testing positive and the completion of two consecutive negative inspections at least three months apart, the State Fish Pathologist shall provide notification that the facility or population is considered negative for Renibacterium salmoninarum.	
	
3.	No person shall release into any fish production facility or into any waters of this state live salmonid fish or gametes from a free-ranging fish population or fish production facility which is positive for Renibacterium salmoninarum, (the causative agent of Bacterial Kidney Disease) except as allowed herein.

aa.	Release is limited to waters and fish production facilities approved by the Director.  Waters will not be approved if such stocking is determined to be a significant threat to:

1.	any other federal, state, or permitted fish production facility; or 

2.	stocking restricted cutthroat trout waters identified in Appendix C; or

3.   any other free-ranging salmonid fish populations determined to be of special importance to Colorado’s fishery resources, considering the uniqueness of the resource, use and/or potential for use as a source of brood fish or gametes.

A list of approved waters and fish production facilities and the maps indicating the location of stocking restricted cutthroat trout waters are available from the manager of the Aquatic Resources Section of the Division of Wildlife, 6060 Broadway, Denver, CO 80216.

bb.	The owner and/or operator of a fish production facility receiving gametes from a free-ranging fish population or fish production facility which is positive for Renibacterium salmoninarum shall have the progeny tested for Renibacterium salmoninarum prior to movement of the progeny from the facility.

c. 	Aeromonas salmonicida (Furunculosis): No live salmonid fish originating from a facility which has been diagnosed positive for Aeromonas salmonicida (Furunculosis) may be stocked within stocking restricted cutthroat trout waters identified in Appendix C. 

1.	A state, federal or licensed aquaculture facility shall be considered negative upon the completion of a negative inspection at least 60 days after a positive diagnosis of Aeromonas salmonicida (Furunculosis).

2.	Eggs originating from a facility which has been diagnosed positive for Aeromonas salmonicida (Furunculosis) shall be disinfected both at the point of origin and at their destination, using the method as set forth in #014 Aquatic Wildlife Health Management of these regulations.

d.	Infectious Pancreatic Necrosis Virus (IPNV): Any aquaculture facility found positive for Infectious Pancreatic Necrosis Virus (IPNV) shall be subject to virus eradication efforts approved by the Director at the owner's expense within one calendar year of the positive finding.

1.	No person shall import into Colorado or release into any waters of this state live salmonid fish or gametes (eggs or sperm) from a water or facility in which Infectious Pancreatic Necrosis Virus (IPNV) has been identified without a plan for the eradication of the virus and disposition of affected fish approved by the Director.  Upon a positive finding of Infectious Pancreatic Necrosis Virus (IPNV) in an aquaculture facility in Colorado, the owner shall have 60 days to submit a written plan to the Fish Health Board for the eradication of the pathogen and disposition of the fish.  The Fish Health Board shall have 30 days to review the plan and submit it with a recommendation for approval, rejection or modification to the Director.  Before making a final decision, the Director will consider the recommendation of the Fish Health Board and the effectiveness of the process outlined in the plan to eradicate the pathogen from the aquaculture facility.  No salmonid fish or gametes (eggs or sperm) from a water or facility in which Infectious Pancreatic Necrosis Virus (IPNV) has been identified shall be released into any water of this state without an approved plan.  In addition, no live salmonid fish or gametes (eggs or sperm) originating from an aquaculture facility or free-ranging fish population which has been diagnosed positive for Infectious Pancreatic Necrosis Virus (IPNV) may be stocked if determined by the Director to be a threat to: (A) any other federal, state or permitted aquaculture facilities or (B) stocking restricted cutthroat trout waters identified in Appendix C or (C) free-ranging salmonid populations used or intended for use as gamete (eggs or sperm) sources for state, federal or permitted aquaculture facilities or (D) any other free-ranging salmonid fish populations determined by the Director to be of special importance to Colorado's fishery resources.  Criteria for D will include uniqueness of the resource and potential for use as a source of brood fish or gametes.  

2.	Aquaculture facilities that have undergone adequate efforts to eradicate IPNV may again be considered negative 90 days after the reintroduction of sentinel fish and upon the completion of two negative inspections on all lots present at least eight weeks apart.  For these purposes, sentinel fish shall consist of either rainbow trout or brook trout fry between one day and 42 days old.

3.	Free-ranging fish populations found positive for IPNV may again be considered negative upon the completion of at least three consecutive negative inspections at least four (4) months apart over a period of at least 24 months.

D.   Egg Disinfection

1.	The operator and employees of any fish production facility must use the following procedures when disinfecting salmonid eggs received from any source:

a.   Eggs shall be disinfected by soaking them in a solution containing one hundred parts per million iodine, in the form of povidone iodine, for a minimum of ten minutes before such eggs are allowed to come in contact with other eggs, fish, incubators, rearing spaces, or water supplies on a fish culture facility.

b.	Hands, gloves, shipping containers and any implements or objects that contact such eggs before disinfection must not come into contact with other eggs, fish, incubators, rearing spaces, or water supplies on a fish culture facility until they have been disinfected using a commercially available disinfectant as directed on the product label.

ARTICLE XI ‑ SPECIAL RESTRICTIONS

#020 ‑

A.	Most restrictive Federal or State law ‑ In all cases of licensing, taking, possession, importation, exportation, release, marking and sale of any wildlife, irrespective of current status (threatened, endangered, game or nongame), the most restrictive state or federal regulation shall apply by species.

B.	Live Capture – Common snapping turtles (Chelydra serpentine) may be taken in any number and maintained alive.

C.	Tagging and carcass tag requirements.

1.	A carcass tag is required for all big game and for turkey.

2.	When any person kills a wildlife species for which a carcass tag is required such person must immediately void the carcass tag by signing, dating and detaching it.  Such tag must be attached to the carcass immediately prior to and during transportation in any vehicle or while in camp or at a residence or other place of storage.  Such tag, when so dated, signed and attached to the species lawfully taken or killed and lawfully in possession, authorizes the possession, use, storage, and transportation of the carcass, or any part thereof.

3.	If the carcass tag and/or license are inadvertently or accidentally detached, lost or destroyed, the licensee must obtain a duplicate carcass tag and/or license before he can lawfully hunt with such license.  The duplicate carcass tag may be obtained upon furnishing satisfactory proof as to the inadvertent or accidental nature of detachment, loss, or destruction to the Division.

D.	Waste of Wildlife

1.	Except for furbearers, or wildlife listed in Commission Regulation #300(A)(3), or any wildlife taken under the authority of §33-6-107(9), C.R.S., all edible portions of game wildlife taken under the authority of a license shall be properly prepared to provide for human consumption.  For the purpose of this restriction edible portions shall not include internal organs.

E.	Closures

1.	Federal fish hatcheries and rearing units except that persons designated by the United States Fish and Wildlife Service may take fish or amphibians within the boundaries of said hatcheries or rearing units.

2.	Except as otherwise provided in these regulations all Division hatcheries, rearing units and holding basins shall be closed to the taking of fish and amphibians.

3.	State Refuges, Parks and Monuments ‑ Public access to any refuge, park or monument, the jurisdiction over which is by law given to any federal or state agency or municipality, may be limited by order of said agency or municipality to the same extent as if said agency or municipality were a private person.

4.	Hunting with rifles, handguns or shotguns firing a single slug, or archery equipment is prohibited within an area fifty (50) feet on each side of the center line of any state highway or municipal or county road as designated by the county.  In the case of a divided road or highway this shall include the entire median area and the fifty (50) feet shall be measured from the center line of both roads.

5.	Hunting is prohibited within 1/2 (one-half) mile either side of the centerline of the Mt. Evans Highway (Colorado 5) from its junction with Colorado 103 to the summit, from said highway to the top of the Summit Lake cirque, and on the Summit Lake flats, all as depicted on the map (figure 1) at the end of this chapter.  The Division shall post said map at the beginning of the Mt. Evans Highway for the purpose of further advising the public of the closure boundaries.  (Information note:  maps are also available from the Division of Wildlife, Northeast Region Service Center, 6060 Broadway, Denver, Colorado  80216.)

6.	The Director of the Division of Wildlife may establish and enforce temporary closures of lands and waters of the state to hunting, fishing or other wildlife-related recreation, including but not limited to the collection of shed antlers, for a period not to exceed 9 months.  Such temporary closures may be established and enforced only where necessary to protect public safety, protect threatened or endangered wildlife species, protect wildlife resources from the introduction or spread of disease or nuisance species or other similar threats, protect time sensitive wildlife use of lands or waters, protect against additional and significant environmental damage after an area has sustained a natural or manmade disaster, or to facilitate Division sponsored wildlife research projects.

Whenever such closure is established, public notice of the closure shall be given, including the posting of the lands and waters affected, indicating the nature and purpose of the closure.  Upon posting, it shall be unlawful to hunt, fish or engage in any other designated wildlife-related recreation on such lands or waters or enter the lands or waters for the purpose of hunting, fishing or any other designated wildlife-related recreation.

F.	Incorporated References

1.	Materials incorporated by reference in these regulations only include the edition of the material specifically identified by date in the incorporation by reference.  The incorporation by reference does not include later amendments to, or editions of, the incorporated materials.  Information regarding how and where the incorporated materials may be examined, or copies obtained, is available from:
Regulations Coordinator
Policy and Regulations Section
Division of Wildlife
6060 Broadway
Denver, Colorado 80216

2.	In addition, materials incorporated by reference in these regulations are maintained by, and available for examination at, any state publications depository library.

G.	Possession of Edible and Non-edible Portions of Mountain Lions and Bears

The possession of the carcass, hide, skull, claws, or any part of any bear or lion is prohibited unless the animal was taken by a licensed hunter during an established hunting season or unless specifically authorized by the Division.

H.	Chronic Wasting Disease Reporting

Chronic Wasting Disease (CWD) is classified as a disease which, whenever detected in the wild or in a commercial park, must be reported to the Colorado Division of Wildlife Veterinarian, 317 W. Prospect, Ft. Collins 80521, within 24 hours of the receipt of any CWD positive test result.  As a condition of issuance of a license or permit, any hunter, commercial park licensee, other license holder or permittee of the Division, or any member of the public who submits a deer or elk head for CWD testing grants consent for the lab to report the test results to the Division.  A written copy of the test report shall be provided to the Division at the above address within 10 days of test completion, either by the lab or by the person who submits the sample. 

I.	Electronic Ignition Muzzle Loaders

It is unlawful for any person, except a person authorized by law or by the division, to possess or have under his control a loaded electronic-ignition muzzle loader in or on any motor vehicle unless the chamber of such firearm is unloaded or unless the battery is disconnected and removed from its compartment.

ARTICLE XIII ‑ GAME MANAGEMENT UNIT BOUNDARIES.

#023 ‑	GAME MANAGEMENT UNIT BOUNDARY DESCRIPTIONS FOR ALL TERRESTRIAL GAME SPECIES, EXCEPT BIGHORN SHEEP AND MOUNTAIN GOAT.

A.	The following game management unit (GMU) descriptions begin with the north boundary and are described in clockwise rotation, with all roads or designations listed connecting to the next in the progression.  The following standard abbreviations are used throughout:

Bureau of Land Management roads: BLM
Colorado State highways: Colo
County: Co
County roads: Co Rd
Interstate highways: I-
Road: Rd
U.S. Forest Service roads: USFS
U.S. (Federal) highways: US

B.	Unit descriptions

UNIT 4	Those portions of Moffat and Routt counties bounded on the north by the Colorado‑Wyoming state line; on the east by Moffat Co Rd 1, Routt Co Rd 82, USFS 150 and Elkhead Creek; on the south by US 40; and on the west by Colo 13/789.

UNIT 5	Those portions of Moffat and Routt counties bounded on the north by the Colorado‑Wyoming state line; on the east by the Continental Divide; on the south by the Little Snake‑Elk River divide and USFS 42; and on the west by USFS 150, Routt Co Rd 82 and Moffat Co Rd 1.

UNIT 10	Those portions of Moffat and Rio Blanco Counties bounded on the north by the Green and Yampa Rivers; on the east by Twelve-Mile Gulch Road US 40 to Mile Marker 38.3 to Elk Springs Ridge to Drill Hole, Winter Valley Gulch and Coal Creek and Wolf Creek; on the south by the White River; and on the west by the Colorado-Utah State line.

UNIT 11	Those portions of Moffat and Rio Blanco Counties bounded on the north by Colo 318 and US 40; on the east by the Deception Creek‑Strawberry Creek Rd; on the south by the White River; and on the west by Wolf Creek, Coal Creek, Winter Valley Gulch to Drill Hole to Elk Springs Ridge to Mile Marker 38.3 on  US 40, US 40 Twelve-Mile Gulch Road, the Yampa River and the Little Snake River.

UNIT 87	Those portions of Larimer and Weld counties bounded on the north by the Colorado-Wyoming state line; on the east by Weld Co Rd 390 (Keota-Grover Rd) and Weld Co Rd 105 (between Keota and Colo 14); on the south by Colo 14; and on the west by I-25.

UNIT 88	That portion of Weld Co bounded on the north by the Colorado-Wyoming state line and the Colorado-Nebraska state line; on the east by Colo 71; on the south by Colo 14; and on the west by Weld Co Rd 390 (Keota-Grover Rd) and Weld Co Rd 105 (between Keota and Colo 14).

UNIT 95	Those portions of Weld, Logan, Morgan and Washington counties bounded on the north by Colo 14; on the east and south by US 6, Logan Co Rds 6 and 17.7 (Logan Co Rd 17.7 becomes Washington Co Rd 58 at the Co line), Washington Co Rd 58 (Washington Co Rd 58 becomes Morgan Co Rd W.7 at the Co line), Morgan Co Rd W.7, 2nd St in Snyder, Colo 71, Morgan Co Rds W.5, 28, W, 13.5, and W.5, Colo 144, Morgan Co Rd 2, GG, 0, Weld Co Rd 68 and Colo 392; and on the west by US 85. 

#024 ‑ BIGHORN SHEEP UNIT BOUNDARY DESCRIPTIONS

UNIT S72	Greenland ‑ That portion of Douglas County bounded on the north by Wolfensberger Rd and Colo 86; on the east by Colo 83; on the south by Palmer Divide Rd; and on the west by Colo 105.

AS APPROVED - 01/10/2008
Basis and Purpose
Chapter 0 – General Provisions

Basis and Purpose:

These regulations amend Chapter 0 “General Provisions” of the Colorado Wildlife Commission Regulations.  Carcass transport restrictions have been removed pursuant to the Wildlife Commission’s Chronic Wasting Disease policy which states, “The risk of CWD spread via transport of carcasses appears small, especially when compared to the risk of introduction via the movement of living, infected animals. Thus carcass transport and disposal safeguards should not be so onerous that they diminish the ability to control CWD-infected populations through hunter harvest. Consequently, education on proper disposal of deer and elk carcasses should be developed as the primary strategy to minimize risks for spreading CWD via carcasses. The benefit of potential carcass transportation regulations should be carefully evaluated prior to adoption.”   The Division intends to replace the restrictions with an educational program focused on the disposal of carcass trim.

Viral Hemorrhagic Septicemia (VHS) regulations have been amended pursuant to the emergence of a new strain of VHS which is killing huge numbers of free-ranging fishes of many species in the Great Lakes and St. Lawrence River. VHS is a serious and often fatal fish disease. It has long been present off both coasts of North America. The pathogen has now been found away from the Great Lakes area where it was originally detected.  Live fish transfer is known to spread VHS; therefore, the Commission has required annual inspection for VHS of both imported and in-state cultured trout and kokanee (salmonids) for many years.  Because the new strain has spread to other species the Commission has amended regulations extending existing requirements to all fish species.  In order to prevent the spread of VHS into Colorado, these regulations make VHS certification mandatory for all non-salmonid live fish importations, and also implement the same requirements for in-state sources.  This regulation is intended to be a component of a more comprehensive VHS and Aquatic Nuisance Species (ANS) program.  In order to prevent the introduction and establishment of VHS and other ANS, the Division intends to continue to develop strategies that address other potential vectors and routes of invasion.

The Director of the Division of Wildlife is currently authorized to establish and enforce temporary closures of lands and waters of the state to hunting, fishing or other wildlife-related recreation, where necessary to protect public safety, protect threatened or endangered wildlife species, protect wildlife resources from the introduction or spread of disease or nuisance species or other similar threats, protect time sensitive wildlife use of lands or waters, protect against additional and significant environmental damage after an area has sustained a natural or manmade disaster, or to facilitate Division sponsored wildlife research projects.  A clarification has been added that this authority includes establishing an applicable closure on the collection of shed antlers.

Developments in muzzleloading technology have provided hunters with a battery-powered electronic ignition muzzleloading rifle.  As with other advanced muzzleloading rifle technologies, electronic ignition muzzleloading rifles are allowed during the regular rifle season.  Due to lack of clarity on the issue of electronic-ignition muzzleloading rifles in 33-6-125 C.R.S. - “Possession of a Loaded Firearm in a Motor Vehicle,” the Commission has further defined what constitutes a loaded electronic-ignition muzzleloader for the purposes of possessing it in a motor vehicle in order to help ensure public safety.

Modifications have been made to Game Management Unit (GMU) boundaries.  A new GMU (S72) has been created in order to allow for hunting of the Greenland sheep herd.  Clean-up changes have been made to other GMUs, including a modification to the boundary line between GMUs 10 and 11 pursuant to a citizen petition for the change.

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 MARCH 1, 2008 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 THIS10th DAY OF JANUARY, 2008.
APPROVED:
Thomas M. Burke
Chairman

ATTEST:
Robert W. Bray
Secretary