AS APPROVED - 03/13/2008

FINAL REGULATIONS - CHAPTER 11 - WILDLIFE PARKS AND UNREGULATED WILDLIFE

Introduction to Chapter 11

In this introduction to chapter 11 we outline possession requirements for live wildlife as found in Colorado wildlife law. There is growing interest in the private possession of live wildlife.  At the same time there is considerable confusion over the laws regarding such private possession.  Colorado wildlife law generally prohibits the importation, live possession, sale, barter, trade, or purchase of any species of wildlife native to Colorado (33-6-113(1), C.R.S.).  In addition, these same laws restrict or prohibit the importation and possession of exotic (non-native) wildlife (33-6-109(4), C.R.S.); and noncommercial  (pet) possession of regulated mammals has been prohibited by these regulations since 1983. 

Live possession of Wildlife is permitted only under the exceptions noted below and as further detailed in Wildlife Commission regulations and Colorado statutes, See C.R.S. 33-1-106, 33-6-109, 33-6-113, 33-6-114, 18-9-202. The Wildlife Commission also maintains a "prohibited species" list in Chapter 0.  The possession of these species is severely restricted.

The Wildlife Commission establishes these regulations in an effort to balance its mandate to protect native species of wildlife in Colorado from the impacts which could be caused by the introduction of exotic (non-native) species with the public interest and demand for the private possession of live wildlife.

Reptiles and Amphibians - Chapter 10 of Wildlife Commission regulations provide that any person can possess up to four total from a list of sixteen common native herptile species for personal use.   These animals may not be sold, traded, or bartered and there are restrictions on release back into the wild. 

Scientific Collection permit - Chapter 13 allows for the lawful possession of live wildlife under the authority of a scientific collection permit.  Specific permit conditions and restrictions apply and may vary from permit to permit based on the needs of the permittee as well as appropriate protection of wildlife resources.

Wildlife Rehabilitation - Chapter 14 allows for the lawful possession of live wildlife by licensed rehabilitators as a means to care for sick, injured or orphaned wildlife.  With few exceptions, possession is allowed only long enough for the animal to recover or mature.

Falconry and Hawking - Chapter 6 allows for the possession of falcons, hawks, and eagles for falconry purposes.  Persons possessing these birds must be properly licensed by both the U.S. Fish and Wildlife Service and the Division of Wildlife.  Possession limits and other restrictions apply.

Aquaculture - Colorado statutory law recognizes that fish may be held and propagated under the authority of an aquaculture permit issued by the Department of Agriculture.  In addition, chapter 12 authorizes the possession of fish for use in aquaria with some restrictions.

Bait dealers  - Chapter 1, fishing, authorizes bait dealers and individuals to possess certain live fish as bait.  Specific restrictions apply.

Common snapping turtles (Chelydra serpentine) - Chapter 0, General Provisions, authorizes the live possession of common snapping turtles by any person.

Wildlife Park Licenses - Chapter 11 provides for lawful possession, propagation and sale of native and exotic wildlife via a mandatory licensing process.  This includes possession of any live wildlife, other than those discussed above or listed as "unregulated" wildlife.  Examples include: Any live mammals (including furbearers), game birds, or other terrestrial wildlife not specifically listed on the unregulated wildlife list.  Persons possessing live wildlife under a Commercial Wildlife Park License are required to maintain their commercial status.

Unregulated Wildlife - No license is required for the private possession or purchase of animals, which are included on the unregulated wildlife list or the domestic animal list.  These animals may be sold, bartered, traded, exchanged, propagated or purchased by any person provided that importation requirements of the Department of Agriculture, health certifications, or any other federal, state or local requirement are met.  There are no possession limits.

These chapter 11 regulations clarify that it is unlawful to intentionally release any wildlife declared to be unregulated.  The wildlife on these lists are typically sold, purchased, possessed and propagated as pets, maintained by hobbyists, or raised for food and fiber within Colorado's alternative livestock industry.  If an animal is not listed on either the unregulated wildlife or the domestic animal list it cannot be lawfully sold to an unlicensed person unless specifically authorized by Commission regulation.

ARTICLE II -	LICENSE REQUIREMENTS, LICENSE EXEMPTIONS, LICENSE TYPES, APPLICATIONAND RECORD REQUIREMENTS, AND LICENSE RENEWAL.

#1103 - EXEMPTIONS FROM LICENSE REQUIREMENTS:

E.	No wildlife park license is required to possess up to 25 privately-owned game birds for up to 60 days, provided that they are being held specifically for release in accordance with #007, #008 and #009 of these regulations.  No birds held under the authority of this section may be released and hunted during any season established for that species.

AS APPROVED - 03/13/2008
Basis and Purpose
Chapter 11 - Commercial Parks

Basis and Purpose:

Chapter 11 - Wildlife Parks and Unregulated Wildlife stipulations are part of a reorganization of regulations pertaining to release of privately-owned game birds on State Wildlife Areas, which also includes portions of Chapter 0 - General Provisions, Chapter 8 - Field Trials and Dog Training and Chapter 9 - Division Properties.

By statute (33-6-114(3)C.R.S.), release of wildlife is prohibited unless allowed by Wildlife Commission regulations.  Previous regulations did not specifically allow the release of privately-owned game birds on State Wildlife Areas as a training aid for individual hunting dog training. Game birds could be released on State Wildlife Areas under a Field Trial Permit (Reg#803A). Birds could also be released on private land during certain times and constraints (Reg#1103E). Hunters could train dogs on wild birds that may be present on State Wildlife Areas at certain times (Reg # 804).  However, no opportunity existed for individual hunters to train dogs on a State Wildlife Area with privately-owned game birds released at the time of training.  Front Range hunters who may not have access to private lands have requested through the citizen petition process that opportunity be provided to allow training of dogs on released birds on two specific State Wildlife Areas. 

Allowing release of pen-raised privately-owned game birds on properties where wild populations are not significant is intended to minimize the risk of negative interaction between pen-raised and wild birds.  By allowing two properties in the Northeast Region, information can be gathered and used to evaluate potential management conflicts.  Banner Lakes SWA and the Cobb Lake Unit of Wellington SWA have frequent field trials, and neither property has a large breeding population of quail or pheasants.  These regulations allow the release of privately-owned game birds on those two State Wildlife Areas under various restrictions.  

A permitting requirement has been established for dog trainers who wish to release privately-owned game birds on these two State Wildlife Areas as part of the training process.  Permitting is intended to allow the Division to monitor this practice and avert hunting of privately-owned game birds on State Wildlife Areas for purposes other than dog training.  Up to nine individuals may be listed on a permit, and at least one of those individuals must be present when the training in question takes place.  This is intended to allow the permitees to include others in dog training activities, while still maintaining the process of proper approval.  In addition, regulations have been added to allow the Division to implement a reservation system.  The reservation system is intended to be utilized if this practice leads to overcrowding or overutilization of the State Wildlife Area in question.  In addition, to avoid issues related to waste of wildlife dog trainers are required to remove all game birds taken during such training activities from the State Wildlife Area and otherwise prepare them for human consumption.

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 MAY 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 THIS 13th DAY OF MARCH, 2008.
Approved:
Thomas M. Burke
Chairman

Attest:
Robert W. Bray
Secretary