Laws and Regulations


This page has the Colorado Statutes that pertain to the Issue - as well as the Colorado Parks & Wildlife Regulation that contridicts the law and prevents animals like Meatball from being rescued and brought to the Sanctuary.
Please review the Colorado Law that defines a Sanctuary, as well as directs the Colorado Wildlife Commission to create a license for Sanctuaries, and to regulate them in relation to the law.

Once you have read the law - then look at the Parks & Wildlife Regulations - and specifically the one that was thrown into the Licensing section to prevent Sanctuaries from rescuing wild animals that have been taken into captivity.

Colorado Statutes - Printable PDF

Wildlife Regulations - Printable PDF
What is important to note is the Law is the LAW and the Regulation is just a rule.  These are two vastly different things!

The state Law was put into place before the regulation was ever created - and is what dictates what the Parks and Wildlife Commission should, or should not do.

The Parks and Wildlife Commission adopted this regulation totally out of context - and it can be repealed or modified very easily.  

Regulations are just guiding statements that are nowhere near the level of a state law!

It is not against the law for a Sanctuary to rescue a wild animal.  

Only a simple regulation stands between animals living or dying!



COLORADO REVISED STATUTES
(Colorado Law)    
* NOTE - scroll down to red text for applicable parts

C.R.S. 33-1-102
COLORADO REVISED STATUTES
*** This document reflects changes passed at the Second Regular Session and First Extraordinary Session
of the Sixty-Eighth General Assembly of the State of Colorado (2012) ***
TITLE 33. PARKS AND WILDLIFE
WILDLIFE
ARTICLE 1.WILDLIFE - GENERAL PROVISIONS
C.R.S. 33-1-102 (2012)
33-1-102. Definitions
As used in this title, unless the context otherwise requires:
(1) "Antler point" means a projection of an antler that is at least one inch long and longer than the width of
the base of such projection.
(1.5) "Bag limit" means the maximum amount, expressed in numbers, of wildlife that may be lawfully taken,
caught, killed, or possessed by a person during one day or other specified period of time.
(2) "Big game" means elk, white-tailed deer, mule deer, moose, rocky mountain bighorn sheep, desert bighorn
sheep, rocky mountain goat, pronghorn antelope, black bear, mountain lion, and all species of large mammals
that may be introduced or transplanted into this state for hunting or are classified as big game by the
commission.
(2.5) Repealed.
(3) "Carcass" means the dead body of any wildlife or a portion thereof.
(4) "Carcass tag" or "tag" means that portion of the license or separate identification which is required by
statute or by rule or regulation of the commission to be attached to a wildlife carcass as evidence of lawful
possession.
(4.3) "Colorado wildlife officer" means an employee of the division of parks and wildlife, or any other person
who is commissioned by the director to enforce the wildlife statutes and rules of the commission and all laws
of the state of Colorado, who is recognized as a peace officer in section 16-2.5-116, C.R.S.
(4.5) "Commercial wildlife park" means a privately owned wildlife park, containing lawfully acquired captive
wildlife, on which wildlife are exhibited for educational, commercial, or promotional purposes.
(5) "Commission" or "parks and wildlife commission" means the parks and wildlife commission created in
section 33-9-101.
(6) "Commissioner" means a member of the parks and wildlife commission.
(6.4) "Computer-assisted remote hunting" means the use of a computer or any other device, equipment, or
software to remotely control the aiming and discharge of a weapon, including, but not limited to, firearms or
archery equipment, at wildlife while the person engaged in the action is not physically present with, or in the
immediate vicinity of, the wildlife.
(6.5) "Computer-assisted remote hunting facilities" means real property and improvements on the property
associated with computer-assisted remote hunting. "Computer-assisted remote hunting facilities" also includes,
but is not limited to, hunting blinds, weapons, offices, and rooms, equipped to facilitate computer-assisted
remote hunting.
C.R.S. 33-1-102
COLORADO REVISED STATUTES
*** This document reflects changes passed at the Second Regular Session and First Extraordinary Session
of the Sixty-Eighth General Assembly of the State of Colorado (2012) ***
TITLE 33. PARKS AND WILDLIFE
WILDLIFE
ARTICLE 1.WILDLIFE - GENERAL PROVISIONS
C.R.S. 33-1-102 (2012)
33-1-102. Definitions
As used in this title, unless the context otherwise requires:
(1) "Antler point" means a projection of an antler that is at least one inch long and longer than the width of
the base of such projection.
(1.5) "Bag limit" means the maximum amount, expressed in numbers, of wildlife that may be lawfully taken,
caught, killed, or possessed by a person during one day or other specified period of time.
(2) "Big game" means elk, white-tailed deer, mule deer, moose, rocky mountain bighorn sheep, desert bighorn
sheep, rocky mountain goat, pronghorn antelope, black bear, mountain lion, and all species of large mammals
that may be introduced or transplanted into this state for hunting or are classified as big game by the
commission.
(2.5) Repealed.
(3) "Carcass" means the dead body of any wildlife or a portion thereof.
(4) "Carcass tag" or "tag" means that portion of the license or separate identification which is required by
statute or by rule or regulation of the commission to be attached to a wildlife carcass as evidence of lawful
possession.
(4.3) "Colorado wildlife officer" means an employee of the division of parks and wildlife, or any other person
who is commissioned by the director to enforce the wildlife statutes and rules of the commission and all laws
of the state of Colorado, who is recognized as a peace officer in section 16-2.5-116, C.R.S.
(4.5) "Commercial wildlife park" means a privately owned wildlife park, containing lawfully acquired captive
wildlife, on which wildlife are exhibited for educational, commercial, or promotional purposes.
(5) "Commission" or "parks and wildlife commission" means the parks and wildlife commission created in
section 33-9-101.
(6) "Commissioner" means a member of the parks and wildlife commission.
(6.4) "Computer-assisted remote hunting" means the use of a computer or any other device, equipment, or
software to remotely control the aiming and discharge of a weapon, including, but not limited to, firearms or
archery equipment, at wildlife while the person engaged in the action is not physically present with, or in the
immediate vicinity of, the wildlife.
(6.5) "Computer-assisted remote hunting facilities" means real property and improvements on the property
associated with computer-assisted remote hunting. "Computer-assisted remote hunting facilities" also includes,
but is not limited to, hunting blinds, weapons, offices, and rooms, equipped to facilitate computer-assisted
remote hunting.
C.R.S. 33-1-102
COLORADO REVISED STATUTES
*** This document reflects changes passed at the Second Regular Session and First Extraordinary Session
of the Sixty-Eighth General Assembly of the State of Colorado (2012) ***
TITLE 33. PARKS AND WILDLIFE
WILDLIFE
ARTICLE 1.WILDLIFE - GENERAL PROVISIONS
C.R.S. 33-1-102 (2012)
33-1-102. Definitions
As used in this title, unless the context otherwise requires:
(1) "Antler point" means a projection of an antler that is at least one inch long and longer than the width of
the base of such projection.
(1.5) "Bag limit" means the maximum amount, expressed in numbers, of wildlife that may be lawfully taken,
caught, killed, or possessed by a person during one day or other specified period of time.
(2) "Big game" means elk, white-tailed deer, mule deer, moose, rocky mountain bighorn sheep, desert bighorn
sheep, rocky mountain goat, pronghorn antelope, black bear, mountain lion, and all species of large mammals
that may be introduced or transplanted into this state for hunting or are classified as big game by the
commission.
(2.5) Repealed.
(3) "Carcass" means the dead body of any wildlife or a portion thereof.
(4) "Carcass tag" or "tag" means that portion of the license or separate identification which is required by
statute or by rule or regulation of the commission to be attached to a wildlife carcass as evidence of lawful
possession.
(4.3) "Colorado wildlife officer" means an employee of the division of parks and wildlife, or any other person
who is commissioned by the director to enforce the wildlife statutes and rules of the commission and all laws
of the state of Colorado, who is recognized as a peace officer in section 16-2.5-116, C.R.S.
(4.5) "Commercial wildlife park" means a privately owned wildlife park, containing lawfully acquired captive
wildlife, on which wildlife are exhibited for educational, commercial, or promotional purposes.
(5) "Commission" or "parks and wildlife commission" means the parks and wildlife commission created in
section 33-9-101.
(6) "Commissioner" means a member of the parks and wildlife commission.
(6.4) "Computer-assisted remote hunting" means the use of a computer or any other device, equipment, or
software to remotely control the aiming and discharge of a weapon, including, but not limited to, firearms or
archery equipment, at wildlife while the person engaged in the action is not physically present with, or in the
immediate vicinity of, the wildlife.
(6.5) "Computer-assisted remote hunting facilities" means real property and improvements on the property
associated with computer-assisted remote hunting. "Computer-assisted remote hunting facilities" also includes,
but is not limited to, hunting blinds, weapons, offices, and rooms, equipped to facilitate computer-assisted
remote hunting.

C.R.S. 33-1-102


COLORADO REVISED STATUTES

*** This document reflects changes passed at the Second Regular Session and First Extraordinary Session

of the Sixty-Eighth General Assembly of the State of Colorado (2012) ***

TITLE 33. PARKS AND WILDLIFE

WILDLIFE

ARTICLE 1.WILDLIFE - GENERAL PROVISIONS

C.R.S. 33-1-102 (2012)

33-1-102. Definitions

As used in this title, unless the context otherwise requires:

(1) "Antler point" means a projection of an antler that is at least one inch long and longer than the width of

the base of such projection.

(1.5) "Bag limit" means the maximum amount, expressed in numbers, of wildlife that may be lawfully taken,

caught, killed, or possessed by a person during one day or other specified period of time.

(2) "Big game" means elk, white-tailed deer, mule deer, moose, rocky mountain bighorn sheep, desert bighorn

sheep, rocky mountain goat, pronghorn antelope, black bear, mountain lion, and all species of large mammals

that may be introduced or transplanted into this state for hunting or are classified as big game by the

commission.

(2.5) Repealed.

(3) "Carcass" means the dead body of any wildlife or a portion thereof.

(4) "Carcass tag" or "tag" means that portion of the license or separate identification which is required by

statute or by rule or regulation of the commission to be attached to a wildlife carcass as evidence of lawful

possession.

(4.3) "Colorado wildlife officer" means an employee of the division of parks and wildlife, or any other person

who is commissioned by the director to enforce the wildlife statutes and rules of the commission and all laws

of the state of Colorado, who is recognized as a peace officer in section 16-2.5-116, C.R.S.

(4.5) "Commercial wildlife park" means a privately owned wildlife park, containing lawfully acquired captive

wildlife, on which wildlife are exhibited for educational, commercial, or promotional purposes.

(5) "Commission" or "parks and wildlife commission" means the parks and wildlife commission created in

section 33-9-101.

(6) "Commissioner" means a member of the parks and wildlife commission.

(6.4) "Computer-assisted remote hunting" means the use of a computer or any other device, equipment, or

software to remotely control the aiming and discharge of a weapon, including, but not limited to, firearms or

archery equipment, at wildlife while the person engaged in the action is not physically present with, or in the

immediate vicinity of, the wildlife.

(6.5) "Computer-assisted remote hunting facilities" means real property and improvements on the property

associated with computer-assisted remote hunting. "Computer-assisted remote hunting facilities" also includes,

but is not limited to, hunting blinds, weapons, offices, and rooms, equipped to facilitate computer-assisted

remote hunting.

(7) "Department" means the department of natural resources.

(8) "Director" means the director of the division of parks and wildlife.

(9) (Deleted by amendment, L. 2003, p. 1629, § 64, effective August 6, 2003.)

(10) "Division" means the division of parks and wildlife and its employees, and, when necessary, the term may

be construed as referring to the parks and wildlife commission.

(11) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of

the other and both necessary for the maintenance of life.

(12) "Endangered species" means any species or subspecies of native wildlife whose prospects for survival or

recruitment within this state are in jeopardy as determined by the commission.

(13) "Executive director" means the executive director of the department of natural resources.

(13.5) "Exotic aquatic species" means those species, subspecies, and hybrids of fish, mollusks, crustaceans,

aquatic reptiles, and aquatic amphibians not originating naturally, either presently or historically, in Colorado

and not currently found in the drainage in question, except those which have been classified as native wildlife

by the commission.

(14) "Export" means to transport any wildlife, or part of wildlife, out of this state.

(15) "Falconry" means the sport of hunting or taking quarry with a trained raptor.

(16) "Fishing" means any effort made to take any fish, amphibian, crustacean, or mollusk.

(17) "Furbearers" means those species with fur having commercial value and which provide opportunities for

sport harvest, including badger, gray fox, kit fox, swift fox, opossum, hognosed skunk, spotted skunk, striped

skunk, beaver, marten, mink, muskrat, ringtail, long-tailed weasel, short-tailed weasel, coyote, bobcat, red fox,

and raccoon and all species of furbearers that may be introduced or transplanted into this state for commercial

fur value and are classified as furbearers by the commission.

(18) "Game amphibian" means those species or subspecies of the class Amphibia classified as game

amphibians by the commission.

(19) "Game crustacean" means those species or subspecies of the class Crustacea classified as game

crustaceans by the commission.

(20) "Game fish" means all species of fish which currently exist or may be introduced or transplanted into this

state for sport or profit and which are classified as game fish by the commission.

(21) "Game management unit" means a geographic area designated by the commission for the management of

wildlife.

(22) "Game mollusk" means those species or subspecies of the phylum Mollusca classified as game mollusks

by the commission.

(23) "Game wildlife" means those wildlife species which may be lawfully hunted or taken for food, sport, or

profit and which are classified as game wildlife by the commission.

(24) "Harass" means to unlawfully endanger, worry, impede, annoy, pursue, disturb, molest, rally, concentrate,

harry, chase, drive, herd, or torment wildlife.

(25) "Hours" means the designated period of the day or night when wildlife may be hunted or taken lawfully.

(25.5) "Hunt" means to pursue, attract, stalk, lie in wait for, or attempt to shoot, wound, kill, trap, capture,

collect, or take wildlife. "Hunt" does not include stalking, attracting, searching, or lying in wait for wildlife by

an unarmed person solely for the purpose of watching or taking photographs of wildlife.

(26) "Import" means to bring or introduce into or to attempt to bring or introduce into this state any native or

nonnative or exotic wildlife.

(27) "License" means a permit, stamp, card, certificate, tag, seal, or other document provided for by statute or

commission rule or regulation and issued or required by the division authorizing the hunting, fishing, trapping,

taking, transportation, or possession of wildlife or other activity for which express authorization is required by

articles 1 to 6 of this title.

(27.5) "Low-income senior" refers to an individual sixty-four years of age or older who shows proof of such fact

to the division or license agent and who shows proof to the division or license agent in the form of a federal or

state income tax return from the immediately preceding calendar year that the federal taxable income of any

such individual is at or below one hundred percent of the official poverty line for an individual or a family, as

appropriate to the applicant, defined by the federal office of management and budget based on federal bureau

of the census data. If said tax return is not available, a return for the year immediately preceding such year

shall suffice. The division shall, for purposes of this subsection (27.5), inform license agents of the most

current official poverty line in effect. If a person's income is at a level where such person is not required to file

an income tax return, such individual shall sign a statement under penalty of perjury in the second degree to

such effect, which statement shall be prescribed by the division and kept as required by the division with the

record of sale of any license pursuant to section 33-4-102 (1.4) (v). No such affidavit shall be required to be

notarized.

(28) "Motor vehicle" means a self-propelled vehicle, or a vehicle drawn by a self-propelled vehicle, by which

persons or property may be moved, carried, or transported from one place to another by land or air.

(28.5) "Native wildlife" means those species and subspecies of wildlife which have originated naturally, either

presently or historically, in Colorado; those which have been introduced into the wild in Colorado by the

division; and those which have been classified as native wildlife by the commission.

(29) "Nongame wildlife" means all native species and subspecies of wildlife which are not classified as game

wildlife by rule or regulation of the commission.

(29.5) "Nonnative wildlife" or "exotic wildlife" means those species, subspecies, and hybrids of wildlife not

originating naturally, either presently or historically, in Colorado, except those which have been introduced into

the wild in Colorado by the division or classified as native wildlife by the commission.

(30) "Nonresident" means any person who is not a resident of this state.

(31) "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of

wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue

that function.

(32) "Peace officer" means a sheriff, undersheriff, deputy sheriff, police officer, Colorado state patrol officer, or

town marshal; a district attorney, assistant district attorney, deputy district attorney, or special deputy district

attorney; an authorized investigator of a district attorney; an agent of the Colorado bureau of investigation; a

Colorado wildlife officer or special wildlife officer; or a parks and recreation officer.

(33) "Person" means any individual, association, partnership, or public or private corporation, any municipal

corporation, county, city, city and county, or other political subdivision of the state, or any other public or

private organization of any character.

(34) "Possession" means either actual or constructive possession of or any control over the object referred to.

(35) "Possession limit" means the maximum amount, expressed in numbers, of wildlife which may be lawfully

possessed by any one person at any particular time.

(36) "Public road" means the traveled portion and the shoulders on each side of any road maintained for

public travel by a county, city, or city and county, the state, or the United States government and includes all

structures within the limits of the right-of-way of any such road.

(37) "Raptor" means all birds that are members of the order of Falconiformes or Strigiformes and, specifically,

but not by way of limitation, means falcons, hawks, owls, and eagles or such other birds classified as raptors

by the commission.

(38) (a) "Resident" means any person who has lived in this state for six consecutive months or more

immediately preceding the date of application for or purchase of any license required under the provisions of

articles 1 to 6 of this title or rules or regulations of the commission.

(b) The burden of establishing residence shall be on the person claiming such status at the time of application

for a license. No person is entitled to claim multiple states of residence except as provided in paragraphs (c)

and (d) of this subsection (38). The following evidence or any other reliable evidence may be used in

establishing, but is not necessarily determinative of, residence:

(I) The residence of a person is the principal or primary home or place of abode of a person. A principal or

primary home or place of abode is that home or place in which a person's habitation is fixed and to which the

person, whenever absent, has the present intention of returning after a departure or absence therefrom,

regardless of the duration of such absence. A residence is a permanent building or part of a building and may

include a house, condominium, apartment, room in a house, or mobile home. No rental property, vacant lot,

vacant house or cabin, or premises used solely for business shall be considered a residence.

(II) In determining the principal or primary place of abode, the following circumstances relating to the person

may be taken into account: Business pursuits, place of employment, income sources, residence for income or

other tax purposes, age, marital status, residence of parents, spouse, and children, if any, leaseholds, situs of

personal and real property, existence of any other residences outside of Colorado and the amount of time

spent at each such residence, and any motor vehicle or vessel registration.

(II.3) The residence address given for purposes of purchasing or obtaining licenses issued under this title shall

be the same as the address given for Colorado state income tax purposes.

(II.6) A person shall not be considered to have gained resident status while retaining a domicile outside this

state.

(III) In determining whether the principal or primary place of abode is in Colorado, the following documents

may be taken into account: A current driver's license with address, recent property tax receipts, copies of

recent resident income tax returns, current voter registration cards, current motor vehicle or vessel

registrations, and other public records evidencing place of abode or employment.

(c) A person who is a resident of this state does not terminate residency upon entering the armed services of

the United States. A member of the armed services on active duty who resided in Colorado at the time the

person entered military service and the person's dependents are presumed to retain their status as residents of

Colorado throughout the member's active duty in the service, regardless of where stationed or for how long or

of the factors listed in paragraph (e) of this subsection (38), unless the member changes his or her home of

record to some state other than Colorado or fails to comply with the requirements established by article 22 of

title 39, C.R.S., and rules promulgated by the department of revenue concerning the filing of a Colorado

income tax return.

(d) For the purposes of this subsection (38), the following shall also be deemed residents of this state:

(I) Members of the armed services of the United States or any nation allied with the United States who are on

active duty in this state under permanent orders and their dependents;

(II) Personnel in the diplomatic service of any nation recognized by the United States who are assigned to duty

in this state and their dependents;

(III) Full-time students who are enrolled in and have been attending any accredited trade school, college, or

university in this state for at least six months immediately prior to the date of application for any license. For

the purposes of this subparagraph (III), the spouse and dependent children of any such student shall also be

considered residents. The temporary absence of such student or the student's spouse or dependent children

from this state while the student is still enrolled at any such trade school, college, or university shall not be

deemed to terminate their residency. A student shall be deemed "full-time" if considered full-time under the

rules or policy of the educational institution he or she is attending.

(IV) Colorado residents who attend school full-time out of state and pay nonresident tuition unless exempted

from such tuition payments by the trade school, college, or university.

(d.5) The residency status of children under eighteen years of age is presumed to be that of the parent with

whom the child resides the majority of the time pursuant to court order or legal guardian.

(e) Except as provided in paragraph (c), (d), or (d.5) of this subsection (38), a person is deemed, for the

purposes of this title, to have terminated his or her Colorado residence if the person applies for, purchases, or

accepts a resident hunting, fishing, or trapping license issued by another state or foreign country; registers to

vote in another state or foreign country; or accepts a driver's license that shows an address other than in

Colorado.

(f) If a person moves to any other state or foreign country with the intention of making it the person's

permanent residence, the person shall be considered to have lost his or her residence in Colorado.

(39) "Season" means the period of time during which wildlife may be legally hunted or taken.

(40) "Sell" includes bartering, exchanging, trading, or giving or offering a gift and each such transaction made

by any person whether as principal proprietor, agent, servant, or employee with or without remuneration.

(41) "Small game" means: Game birds, including grouse, ptarmigan, pheasant, quail, partridge, wild turkey,

wild ducks, wild geese, sora and Virginia rails, coot, sandhill cranes, snipe, mergansers, band-tailed pigeons,

doves, and crow; game mammals, including cottontail rabbit, snowshoe hare, fox squirrel, pine squirrel, Abert's

squirrel, jackrabbits, marmot, and prairie dogs; and all species of small mammals and birds that may be

introduced or transplanted into this state for hunting or are classified as small game by the commission.

(42) "State wildlife area" means all lands and waters, excluding offices, warehouses, and fish hatcheries, held

by the division in fee title or by lease, easement, or agreement for the benefit of wildlife populations or for

wildlife-related recreation.

(43) "Take" means to acquire possession of wildlife; but such term shall not include the accidental wounding or

killing of wildlife by a motor vehicle, vessel, or train.

(44) "Threatened species" means any species or subspecies of wildlife which, as determined by the

commission, is not in immediate jeopardy of extinction but is vulnerable because it exists in such small

numbers or is so extremely restricted throughout all or a significant portion of its range that it may become

endangered.

(45) "Transfer" means to pass, deliver, convey, receive, or hand over any license issued under articles 1 to 6

of this title from one person to another or to intentionally allow such a license to come into the possession of a

person other than the person for whom it was originally procured.

(46) "Transport" means to ship, carry, convey, or transfer from one place to another and includes an offer to

transport and the receipt or possession for transportation.

(47) "Trap" means any mechanical device, snare, deadfall, pit, or other device used for catching wildlife.

(48) "Trapping" means taking or attempting to take wildlife by the use of a trap.

(49) "Vessel" means every description of watercraft used or capable of being used as a means of transportation

of persons or property on water.

(50) "Waters of the state" means any natural streams, reservoirs, and lakes within the territorial limits of the

state of Colorado.

(51) "Wildlife" means wild vertebrates, mollusks, and crustaceans, whether alive or dead, including any part,

product, egg, or offspring thereof, that exist as a species in a natural wild state in their place of origin,

presently or historically, except those species determined to be domestic animals by rule or regulation by the

commission and the state agricultural commission. Such determination within this statute shall not affect other

statutes or court decisions determining injury to persons or damage to property which depend on the

classification of animals by such statute or court decision as wild or domestic animals.

(52) "Wildlife sanctuary" means a place of refuge where a nonprofit entity, as defined in section 7-90-102

(40), C.R.S., provides care for abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced

wildlife for their lifetime and, with respect to any wildlife owned by such entity, does not:

(a) Use the animal for any type of entertainment;

(b) Sell, trade, or barter the animal or the animal's body parts, except as authorized by rule promulgated by

the commission; or

(c) Breed the animal.

HISTORY: Source:. L. 84: Entire article R&RE, p. 849, § 1, effective January 1, 1985.L. 90: (26) and (51)

amended and (28.5) and (29.5) added, p. 1527, § 1, effective July 1.L. 91: (13.5) added, p. 196, § 2,

effective June 7.L. 93: (27.5) added, p. 430, § 1, effective April 19.L. 94: (4), (23), (25), (27), (38), (39),

(43), and (45) amended and (4.5) and (25.5) added, p. 1574, § 1, effective May 31.L. 96: (40) amended, p.

1844, § 14, effective July 1.L. 98: (38)(d.5) amended, p. 1415, § 84, effective February 1, 1999.L. 2003: (1),

(2), (28), and (38)(e) amended and (1.5) added, p. 1030, § 6, effective July 1; (4.3) added and (9) and (32)

amended, p. 1629, § 64, effective August 6; (4.3) amended, p. 1955, § 52, effective August 6.L. 2004: (52)

added, p. 1323, § 1, effective August 4.L. 2007: (38)(c) and (38)(e) amended, p. 585, § 1, effective April

19.L. 2008: (6.4) and (6.5) added, p. 282, § 1, effective August 5.L. 2011: (2.5) added and (5), (8), and (10)

amended, (SB 11-208), ch. 293, p. 1383, § 6, effective July 1.L. 2012: (2.5) repealed and (4.3), (5), (6), and

(10) amended, (HB 12-1317), ch. 248, p. 1207, § 15, effective June 4.

Editor's note: This section is similar to former § 33-1-102 as it existed prior to 1984.


(III) The wildlife sanctuary shall have a state-licensed veterinarian on staff or under contract
with the sanctuary and available to provide professional consultation and care when needed.
(b) An application for a license for a wildlife sanctuary shall include the following:
(I) The name, complete street address, mailing address if different from the street address, and
telephone number of the facility;
(II) Evidence of the wildlife sanctuary's status under section 501 (c) (3) of the federal "Internal
Revenue Code";
(III) The specific location where wildlife is housed;
(IV) The current wildlife inventory, including the common and scientific name, gender, age, and
origin of each animal; and
(V) A signed statement by a licensed veterinarian stating the veterinarian is the veterinarian of
record for the applicant and the veterinarian's complete address, telephone number, and license
number. The veterinarian shall certify that the veterinarian has observed each of the applicant's
animals at least once during the previous three months and that the wildlife have been
appropriately immunized and cared for.
(c) The annual fee for a license for a wildlife sanctuary shall not exceed one hundred dollars.
(15) Notwithstanding any provision of this article to the contrary, revenue generated from the
fees increased by House Bill 05-1266, enacted at the first regular session of the sixty-fifth
general assembly, shall be used to implement key priorities in the commission's strategic plan.

(III) The wildlife sanctuary shall have a state-licensed veterinarian on staff or under contract
with the sanctuary and available to provide professional consultation and care when needed.
(b) An application for a license for a wildlife sanctuary shall include the following:
(I) The name, complete street address, mailing address if different from the street address, and
telephone number of the facility;
(II) Evidence of the wildlife sanctuary's status under section 501 (c) (3) of the federal "Internal
Revenue Code";
(III) The specific location where wildlife is housed;
(IV) The current wildlife inventory, including the common and scientific name, gender, age, and
origin of each animal; and
(V) A signed statement by a licensed veterinarian stating the veterinarian is the veterinarian of
record for the applicant and the veterinarian's complete address, telephone number, and license
number. The veterinarian shall certify that the veterinarian has observed each of the applicant's
animals at least once during the previous three months and that the wildlife have been
appropriately immunized and cared for.
(c) The annual fee for a license for a wildlife sanctuary shall not exceed one hundred dollars.
(15) Notwithstanding any provision of this article to the contrary, revenue generated from the
fees increased by House Bill 05-1266, enacted at the first regular session of the sixty-fifth
general assembly, shall be used to implement key priorities in the commission's strategic plan.
(III) The wildlife sanctuary shall have a state-licensed veterinarian on staff or under contract
with the sanctuary and available to provide professional consultation and care when needed.
(b) An application for a license for a wildlife sanctuary shall include the following:
(I) The name, complete street address, mailing address if different from the street address, and
telephone number of the facility;
(II) Evidence of the wildlife sanctuary's status under section 501 (c) (3) of the federal "Internal
Revenue Code";
(III) The specific location where wildlife is housed;
(IV) The current wildlife inventory, including the common and scientific name, gender, age, and
origin of each animal; and
(V) A signed statement by a licensed veterinarian stating the veterinarian is the veterinarian of
record for the applicant and the veterinarian's complete address, telephone number, and license
number. The veterinarian shall certify that the veterinarian has observed each of the applicant's
animals at least once during the previous three months and that the wildlife have been
appropriately immunized and cared for.
(c) The annual fee for a license for a wildlife sanctuary shall not exceed one hundred dollars.
(15) Notwithstanding any provision of this article to the contrary, revenue generated from the
fees increased by House Bill 05-1266, enacted at the first regular session of the sixty-fifth
general assembly, shall be used to implement key priorities in the commission's strategic plan.
(III) The wildlife sanctuary shall have a state-licensed veterinarian on staff or under contract
with the sanctuary and available to provide professional consultation and care when needed.
(b) An application for a license for a wildlife sanctuary shall include the following:
(I) The name, complete street address, mailing address if different from the street address, and
telephone number of the facility;
(II) Evidence of the wildlife sanctuary's status under section 501 (c) (3) of the federal "Internal
Revenue Code";
(III) The specific location where wildlife is housed;
(IV) The current wildlife inventory, including the common and scientific name, gender, age, and
origin of each animal; and
(V) A signed statement by a licensed veterinarian stating the veterinarian is the veterinarian of
record for the applicant and the veterinarian's complete address, telephone number, and license
number. The veterinarian shall certify that the veterinarian has observed each of the applicant's
animals at least once during the previous three months and that the wildlife have been
appropriately immunized and cared for.
(c) The annual fee for a license for a wildlife sanctuary shall not exceed one hundred dollars.
(15) Notwithstanding any provision of this article to the contrary, revenue generated from the
fees increased by House Bill 05-1266, enacted at the first regular session of the sixty-fifth
general assembly, shall be used to implement key priorities in the commission's strategic plan.

 

TITLE 33. PARKS AND WILDLIFE

WILDLIFE

ARTICLE 4. LICENSES, CERTIFICATES, AND FEES

C.R.S. 33-4-102 (2012)

33-4-102. Types of licenses and fees - rules - repeal

(1) Except as otherwise provided in subsection (1.6) of this section, the division is authorized to

issue the following resident and nonresident licenses and shall collect the following fees

therefor:

(1.1) to (1.3) Repealed.

(1.4) The division is authorized to issue the following resident and nonresident licenses and

shall collect the following fees therefor, except as otherwise provided pursuant to subsection

(1.6) of this section:

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(1.5) (Deleted by amendment, L. 2005, p. 469, § 1, effective January 1, 2006.)

(1.6) (a) By promulgation of appropriate rule, the commission may from time to time authorize

the issuance of any of the licenses provided for in this section for a fee less than that specified

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C.R.S. 33-4-102 (Copy w/ Cite) Pages: 10

Fees

Resident Nonresident

(a) to (p) Repealed.

(q) Bonus trout stamps $ 11.00 $ 11.00

(r) to (u) Repealed.

(v) 3-year possession/hunting

raptor license $ 100.00 Not available

(w) Annual possession/hunting

raptor license Not available $ 55.00

(x) Repealed.

(y) Peregrine falcon

capture license $ 200.00 Not available

 

(1.1) to (1.3) Repealed.

(1.4) The division is authorized to issue the following resident and nonresident licenses and

shall collect the following fees therefor, except as otherwise provided pursuant to subsection

(1.6) of this section:

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(1.5) (Deleted by amendment, L. 2005, p. 469, § 1, effective January 1, 2006.)

(1.6) (a) By promulgation of appropriate rule, the commission may from time to time authorize

the issuance of any of the licenses provided for in this section for a fee less than that specified

in this section, and may by promulgation of appropriate rule later raise such license fee up to

the statutory limit, when in the judgment of the commission one of the following conditions

applies:

(I) When the commission determines that it would be beneficial to issue such license in

conjunction with another type of license and creates a combination license;

(II) When the commission determines it is proper for management of the division or otherwise

beneficial to the management of state wildlife resources. Licenses so discounted may be limited

to certain geographic areas, by sex, or as otherwise deemed appropriate by the commission.

(III) When the commission determines that an activity is regulated at both the state and federal

levels and that issuance of a multi-year state license or collection of a reduced state annual

license fee, or both, would help to coordinate such state and federal regulation and reflect the

administrative cost savings realized through such coordination;

(IV) When the commission determines pursuant to section 24-75-402 (3), C.R.S., that a

reduction in the amount of the fee is necessary to reduce the uncommitted reserves of the fund

to which all or any portion of the fee is credited. After the uncommitted reserves of the cash

fund are sufficiently reduced, the commission by rule or as otherwise provided by law may

increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.

(b) The nonresident big game fees described in subsection (1.4) of this section shall annually

be adjusted in accordance with changes in the United States bureau of labor statistics consumer

price index for the Denver-Boulder-Greeley consolidated metropolitan statistical area for all

urban consumers and all goods or its successor index. Such adjustment shall not be effective

until the commission notifies the joint budget committee of such adjustment.

(c) The commission may, by appropriate rule, set fees for Colorado wildlife passports pursuant

to section 33-4-102.7 (4) (b) (I).

(1.7) Nothing in this section shall be construed to invalidate any senior lifetime license

previously issued by the division.

(1.8) Any moneys realized as a result of the fee increases related to fishing specified in

subsection (1.4) of this section shall be allocated for use in the fisheries and hatcheries

presently operated by the division.

(1.9) (a) (I) The general assembly hereby finds, determines, and declares that:

(A) Service members returning from post-September 11, 2001, overseas contingency

operations who have been injured during combat face a challenging period of rehabilitation

upon their return to the United States;

(B) Many of these service members are so severely injured that they require medical assistance

for many years, or even the rest of their lives, as they reenter mainstream life;

(C) Although the scope of care provided by the United States armed services wounded warrior

programs varies with each service member, based on the needs of the individual, these service

members may be assigned, upon return to Colorado, to a medical treatment facility such as

Evans army hospital at Fort Carson, Colorado;

(D) Wounded warrior programs are direct efforts by the United States armed services to care

for service members during their long transition from combat-related injury to civilian life and

to provide assistance to those service members in recovery, rehabilitation, and reintegration

that is worthy of their service and sacrifice; and

(E) For those wounded warriors who suffer injuries so severe that they will require intense,

ongoing care or assistance for many years or the rest of their lives, a significant part of the

healing process is enabling and encouraging these service members to experience some of the

recreational activities they enjoyed prior to their service-related injuries.

(II) The general assembly therefore recognizes the need to provide opportunities for Colorado's

severely injured "wounded warriors" to enjoy the natural resources of the state as part of their

rehabilitative care. Furthermore, offering reduced-cost or free big game hunting licenses to

such recovering service members is a small, but recognizable, acknowledgment of their selfless

service and sacrifice.

(b) The commission may promulgate rules to reduce or eliminate big game license fees and

establish a big game hunting license preference for members of the United States armed

services wounded warrior programs who are residents of, or stationed in, Colorado and who

have been so severely injured that they will require years of intense, ongoing care or

assistance.

(c) As used in this subsection (1.9), "United States armed services wounded warrior programs"

means:

(I) The Army wounded warrior (AW2) program;

(II) The Air Force wounded warrior (AFW2) program;

(III) The Navy safe harbor program;

(IV) The Coast Guard wounded warrior regiment; and

(V) Any successor program administered by a branch of the United States armed services to

provide individualized support for service members who have been severely injured in overseas

contingency operations undertaken since September 11, 2001.

(d) The commission may adopt rules to implement this subsection (1.9), including rules

defining "severely injured" and establishing residency requirements for service members eligible

under this subsection (1.9).

(2) Except as otherwise provided in subsection (1.6) of this section, the division is authorized to

issue the following special licenses and shall collect the following fees therefor:

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(3) Any license issued by the division for which a fee is not provided in subsection (1) or (2) of

this section shall not exceed forty dollars.

(4) Repealed.

(5) Any person may obtain more than one one-day or five-day fishing license during a calendar

year. The effective date shall appear on every such fishing license. Said date may be the date it

is procured or any future date during the fishing season specified by the license.

(6) (a) Moneys received in payment for any licenses issued under this title shall not be

refunded except for proven error committed by the division in issuing licenses or upon the

death of a licensee in possession of a big game license if death occurs before the starting date

of the season specified on said license or if authorized by the director under rules of the

commission.

(b) Repealed.

(7) Any person claiming residency in Colorado as set forth in section 33-1-102, for the purpose

of purchasing a resident license of any kind, must produce evidence of such residency at the

time of purchase.

(8) In the event of the loss, theft, or destruction of a small game, fishing, furbearer, or

combination small game and fishing license, the person to whom the license was issued may

purchase a new license from any license agency or may obtain a duplicate license from the

division upon payment of a fee, not to exceed five dollars, to be established by the commission

by rule and regulation and completion of an affidavit as set forth below. In the event of the

loss, theft, or destruction of any other license issued by the division, the person to whom the

license was issued may receive a duplicate license from the division upon payment of a fee of

fifty percent of the cost of the original license, not to exceed twenty-five dollars, and

completion of an affidavit stating where and by whom said license was issued and the

circumstances under which said license was lost, stolen, or destroyed. In the event the division

determines that the original license has been lost or destroyed in the mail, the person to whom

the license was issued may obtain a duplicate license from the division without charge by

submitting to the division a signed affidavit stating that such license was never received.

(8.5) (a) Except for the annual Colorado wildlife habitat stamp and the lifetime Colorado wildlife

stamp, a surcharge of seventy-five cents shall be assessed on each license listed in subsection

(1.4) of this section that is sold by the division or one of its license agents pursuant to section

33-4-101. Revenues derived from the assessment of such surcharge, together with any interest

earned thereon, shall be deposited in the wildlife management public education fund created in

section 33-1-112 (3.5) (a).

(b) to (e) (Deleted by amendment, L. 2005, p. 469, § 1, effective January 1, 2006.)

(9) All licenses issued pursuant to this section expire on the date written or printed thereon,

unless otherwise provided by the commission or by any other law.

(10) Repealed.

(11) With respect to licenses which are issued in limited numbers for the taking of game

wildlife, the division is authorized to collect from each license applicant a nonrefundable

processing fee not to exceed three dollars.

(12) (a) A person holding a valid aquaculture facility permit pursuant to section 35-24.5-109,

C.R.S., may charge a fee for fishing at the production facility; no state fishing license is

required.

(b) Several satellite stations of a fish production facility may operate under one aquaculture

license provided all such satellite stations are listed on such license.

(13) (a) The commission shall establish a license classification for zoological parks. Each

licensed zoological park shall be subject to the following requirements:

(I) The primary purpose of the park shall be the exhibition of captive wild or exotic animals for

the education of the general public; except that this subparagraph (I) shall not be construed to

prohibit the carrying on of reasonable incidental activities such as propagation, purchase, sale,

and exchange of animals;

(II) The park shall be operated under the direction of a professional staff that has generally

recognized formal or practical training in the husbandry of the types of animals kept in the

park;

(III) The park shall have a state-licensed veterinarian on staff or under contract with the park

and available to provide professional consultation and care when needed;

(IV) The park shall maintain regular hours during which it is open to the public;

(V) The animals kept at the park shall be confined by at least one fence or other enclosure

surrounding the area in which they are housed or displayed and by at least one additional

fence, no less than eight feet in height, surrounding the perimeter of the park.

(b) A licensed zoological park may move animals within Colorado in connection with the buying,

selling, exchanging, or loaning of such animals with another licensed or accredited zoological

park or in connection with the export of such animals from Colorado.

(c) No licensed zoological park may import non-cervid ruminants or camelids into Colorado

unless, in each such instance, the animal has been subjected to the following process:

(I) Before importation, the animal is tested for tuberculosis and found not to be infected;

(II) After such test, the animal is imported and held in isolation in an isolation facility for a

continuous period of least sixty days; and

(III) After the end of such isolation period, the animal is again tested for tuberculosis. If the

test result is negative, the animal may then be incorporated into the animal population of the

park.

(d) Importation and testing of cervid animals by licensed zoological parks shall be subject to

regulation by the division.

(e) A license issued to a zoological park shall cover the park and also other property used in

conjunction with the park for the selling, buying, brokering, trading, or breeding of or caring for

animals used at the park. Animals may be moved between the park and such other property as

may be reasonably necessary for the operation of the park.

(f) The annual fee for a zoological park license shall not exceed the annual fee for a commercial

park license.

(g) (I) Except as provided in subparagraph (II) of this paragraph (g), this subsection (13) does

not apply to any zoological park that is accredited by the American zoo and aquarium

association. Any intrastate transfer and movement of wildlife by a zoological park accredited by

the American zoo and aquarium association to another zoological park accredited by the

American zoo and aquarium association is not subject to the rules of the commission regarding

movement and disease testing.

(II) Any intrastate transfer and movement of wildlife by a zoological park accredited by the

American zoo and aquarium association to any person or entity not accredited by the American

zoo and aquarium association is subject to the rules of the commission regarding movement

and disease testing.

(14) (a) The commission shall establish a license classification for wildlife sanctuaries. Each

license for a wildlife sanctuary shall be subject to the following requirements:

(I) The purpose of the wildlife sanctuary shall be to operate as a place of refuge where abused,

neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided care

for their lifetime;

(II) The wildlife sanctuary shall be operated under the direction of a professional staff that has

generally-recognized formal or practical training in the husbandry of the types of wildlife kept at

the sanctuary; and

(III) The wildlife sanctuary shall have a state-licensed veterinarian on staff or under contract

with the sanctuary and available to provide professional consultation and care when needed.

(b) An application for a license for a wildlife sanctuary shall include the following:

(I) The name, complete street address, mailing address if different from the street address, and

telephone number of the facility;

(II) Evidence of the wildlife sanctuary's status under section 501 (c) (3) of the federal "Internal

Revenue Code";

(III) The specific location where wildlife is housed;

(IV) The current wildlife inventory, including the common and scientific name, gender, age, and

origin of each animal; and

(V) A signed statement by a licensed veterinarian stating the veterinarian is the veterinarian of

record for the applicant and the veterinarian's complete address, telephone number, and license

number. The veterinarian shall certify that the veterinarian has observed each of the applicant's

animals at least once during the previous three months and that the wildlife have been

appropriately immunized and cared for.

(c) The annual fee for a license for a wildlife sanctuary shall not exceed one hundred dollars.

(15) Notwithstanding any provision of this article to the contrary, revenue generated from the

fees increased by House Bill 05-1266, enacted at the first regular session of the sixty-fifth

general assembly, shall be used to implement key priorities in the commission's strategic plan.



COLORADO PARKS & WILDLIFE REGULATIONS

* NOTE - scroll down to red text for applicable parts

 Chapter 11 - Wildlife Parks and Unregulated Wildlife

Index Page

INTRODUCTION TO CHAPTER 11

1

Article I

GENERAL PROVISIONS

3

#1100

Definitions

3

#1101

Vacant

Article II

LICENSE REQUIREMENTS, LICENSE EXEMPTIONS, LICENSE TYPES, APPLICATION AND RECORD REQUIREMENTS, AND LICENSE RENEWAL.

3

#1102

Licenses Requirements

3

#1103

Exemptions from License Requirements

5

#1104

License Types

9

#1105

Application Requirements

12

#1106

Record Requirements

13

#1107

Expiration and Renewal of Licenses

14

Article III

FACILITY REQUIREMENTS, FACILITY/RECORD INSPECTIONS, TAGGING

15

#1108

Wildlife Park Facility Requirements

15

#1109

Wildlife Sanctuary Facility Requirements

17

#1110

Facility, Wildlife and Record Inspection

17

#1111

Tagging Requirements

18

#1112

Vacant

18

Article IV

SPECIAL RESTRICTIONS

19

#1113

Escape of Captive Wildlife

19

#1114

Unregulated Wildlife Listing or Delisting

19

#1115

Red Deer Hybridization Testing And Documentation

20

#1116

Mule Deer Compensation Program

20

Basis and Purpose

22

 

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 (33-6-109, 33-6-113, 33-6-114 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 the Division and, if required by federal law, the U.S. Fish and Wildlife Service.. 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 I - GENERAL PROVISIONS

#1100 - DEFINITIONS

A. "Commercial use" for the purpose of this chapter means using captive wildlife in sale, trade, barter, brokerage or other commerce with the motive to generate profit from such use.

B. "Domestic animal" – means those animals which through long association with humans have been bred to a degree which has resulted in genetic changes affecting the color, temperament and conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species.

C. "Prohibited Species" – means those species that the Wildlife Commission has determined would be detrimental to Colorado's native wildlife. See Wildlife Commission Regulations, General Provisions, Article VIII, sections #008(A) and #008(B).

D. "Tropical" – means those regions lying between The Tropic of Cancer at 23.5 degrees north latitude and the Tropic of Capricorn at 23.5 degrees south latitude. In this chapter this reference is for those species of wildlife that are resident breeders of this region.

E. "Subtropical" – means those regions adjacent to the tropics, within the zone from 23.5 degrees north latitude to 26.0 degrees north latitude and from 23.5 degrees south latitude to 26.0 degrees south latitude. This definition applies to those regions that lay near the tropical zone and contain wildlife that are resident breeders of this region. 

F. "Unregulated Wildlife” – means wildlife listed in section #1103 of these regulations which may be possessed without a license as authorized by the Wildlife Commission. See also regulation #1114.

G. “Wildlife Sanctuary” – means a place of refuge where a nonprofit entity provides care for abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife for their lifetime and, with respect to any wildlife owned by such entity, does not: use the animal for any type of entertainment; sell, trade, or barter the animal or the animal’s body parts, except as authorized by rule promulgated by the Commission; or breed the animal.

#1101 - Vacant

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

#1102 - LICENSE REQUIREMENTS

  1. Except as authorized by Wildlife Commission regulation:
  2. 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.
    1. 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.
    2. 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.
    3. 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:
    4. a. Potential habitat competition, damage or destruction.
    5. b. Disruption of migration, breeding, or rearing and survival of young.
    6. c. Predation.
    7. d. Disease.
    8. e. Potential for hybridization.
    9. f. Any other wildlife management criteria.
    10. Additionally, these restrictions may include those necessary to minimize the danger to humans, domestic livestock or property.
    11. 5. New applications for Commercial Wildlife Park Licenses or new satellite facilities for species in the family Cervidaewill 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.
    12. 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.
    13. 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.
    14. 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.
      1. Domestic dog (Canis familiaris) including hybrids with wild canids
      2. Domestic cat (Felis catus) including hybrids with wild felines
      3. Domestic horse (Equus caballus) including hybrids with Equus assinus
      4. Domestic ass, burro, and donkey (Equus assinus)
      5. Domestic cattle (Bos taurus and Bos indicus)
      6. Domestic sheep (Ovis aries)
      7. Domestic goat (Capra hircus)
      8. Domestic swine (Sus scrofa domestica)
      9. Domesticated races of hamsters (Mesocricetus spp.)
      10. Domesticated races of mink (Mustela vison)
        1. Domesticated races of ducks and geese (Anatidae) distinguishable morphologically from wild birds
          1. Domesticated races of peafowl (Pavo cristatus)
            1. B. Unregulated Wildlife - Prior to adoption of this regulation (#1103(B)), possession of the listed species was expressly prohibited by Section 33-6-109(4), C.R.S. The decision of the Wildlife Commission to authorize this possession as herein provided is based on the scientific evidence available to it at the time of adoption of the regulation. The Wildlife Commission retains the statutory authority and duty to amend these regulations and to impose requirements, restrictions, and/or prohibition on possession of any of the listed species if and when further evidence comes to the Wildlife Commission's attention which makes such amendments appropriate.
              1. All marine animals (vertebrates and invertebrates) except for anadromous and catadromous species.

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 inwriting 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.

 

B. Facility Contingency Plans

1. Animals from the families Canidae, Felidae or Ursidae may only be possessed at facilities that have a written contingency plan approved by the Division. The purpose of the contingency plan will be to detail the procedures that will be followed in the event the Division must provide for the disposition of animals in the families Canidae, Felidae or Ursidae if the facility is abandoned, the facility’s license expires pursuant to #1107(A) of these regulations, or the facility’s license is revoked pursuant to #1107(G) of these regulations. The contingency plan shall include provisions for the care and ultimate disposition of all such animals in the families Canidae, Felidae and Ursidae within sixty (60) days.

2. The contingency plan shall include detailed cost estimates to perform the specified activities and shall be updated every year at the time of license renewal, or whenever acquisition or disposition from the families Canidae, Felidae or Ursidae results in an aggregate population change greater than ten (10) percent in these three families during the year.

C. Financial Assurance

1. Prior to initial licensure or renewal of any license, any facility seeking authorization to possess animals in the families Canidae, Felidae or Ursidae must demonstrate financial assurance or bonding sufficient to fund the contingency plan. The facility may satisfy the financial assurance requirements through issuance of an irrevocable letter of credit, surety bond, insurance, or other financial assurance acceptable to the Division.

2. Facilities possessing animals in the families Canidae, Felidae or Ursidae shall establish a standby trust approved by the Division to receive the designated funds upon notification by the Division to the issuing institution that facility abandonment has occurred or the facility’s license has been terminated or revoked and the animals have not been properly disposed of in accordance with #1107 of these regulations. The standby trust shall also provide for disbursement of funds as directed by the Division and as otherwise necessary for care and disposition of the animals, such funds not to exceed the amount of the approved contingency plan. All forms of financial assurance shall be issued for at least one- (1) year (premiums or other costs of issuance shall be prepaid by the facility) and shall provide for automatic extension for subsequent one- (1) year periods unless the issuing institution notifies the Division by certified mail at least 120 days prior to expiration of the present term of its decision not to extend.

#1103 - EXEMPTIONS FROM LICENSE REQUIREMENTS:

A. Domestic animals - The following animals are considered domestic and are exempted from the requirements of Wildlife Commission regulations:

AA. Domesticated races of guinea pigs (Cavia porcellus)

BB. Domesticated races of gerbils (Meriones unguiculatus)

CC. Domesticated races of chinchillas (Chinchilla laniger)

DD.Domesticated races of rats (Rattus norvegicus and Rattus)

EE. Domesticated races of mice (Mus musculus)

FF.  Domesticated races of European rabbit (Oryctolagus cuniculus)

GG.Domesticated races of chickens (Gallus)

HH. Domesticated races of turkey (Meleagria gallopavo) distinguished morphologically from wild birds

JJ.  Domesticated races of European ferret (Mustela putorius)

KK. Domesticated races of pigeons (Columba domestica and Columba livia) and feral pigeons

LL.  Domesticated races of guinea fowl (Numida meleagris)

NN. Bison (Bison) including hybrids with domestic cattle

OO.Ostrich (Struthio spp.)

PP. Llama (Lama glama)

QQ.Rhea (Rhea spp.)

RR. Emu (Dromiceius spp.)

SS. Alpaca (Lama pacos)

TT.  Reindeer (Rangifer tarandus)

UU. Yak (Bos grunniens)

VV. Camels (Camelus bactrianus and Camelus dromedarius)

XX. Except for the provisions of section #007 regarding importation, #008 regarding the prohibited species list, #009 regarding release of live wildlife, and section #1114 regarding the addition of species to the unregulated wildlife list, the wildlife enumerated in this list are otherwise exempted from the requirements of Wildlife Commission regulations.

YY. Unregulated wildlife may be imported, sold, bartered, traded, transferred, possessed, propagated and transported in Colorado provided that all importation, disease requirements and any other state, local or federal requirements are met. Statutory restrictions still apply.

Mammals:

African pygmy hedgehog (Atelerix albiventris, Erinaceus albiventris)

Sugar Gliders (Petaurus breviceps)

Short-tailed Possum (Monodelphis domestica)

Dama Wallaby (Tammar Wallaby) Macropus eugenii

Swamp Wallaby Wallabia bicolor

Bennet Wallaby (Red-necked Wallaby) Macropus rufogriseus

Red Kangaroo Macropus rufus

Wallaroo Macropus robustus

Zebras and Zebra hybrids

Fishes:

All tropical and subtropical fishes

Common goldfish (Carassius auratus)

Koi

Birds:

All tropical and subtropical birds in the Order Passeriformes: including but not limited to birds in the families:

Sturnidae (Mynahs)

Ramphastidae (Toucans, Toucanettes)

Fringillidae (Siskins)

Estrildidae (Finches)

Emberizidae (Cardinals)

Ploceidae (Weavers)

Timaliidae (Mesias)

Viduinae (Wydahs)

Thraupidae (Tanagers)

Zosteropidae (Zosterops).

European Goldfinch (Carduelis carduelis)

All Psitticine birds

Reptiles and Amphibians:

All non-native tropical and sub-tropical species of snakes in the families:

Boidae (giant snakes)

Colubridae (modern snakes), except venomous species

Acrochordidae (file and elephant trunk snakes)

Xenopeltidae (sunbeam snakes)

Aniliidae (pipe snakes)

Uropeltidae (shield-tailed snakes)

All non-native tropical and subtropical species of lizards in the Suborder Sauria, including but not limited to the following families or subfamilies:

Agamidae (chisel-teeth lizards)

Anelytropsidae (snake lizards)

Anguidae (glass and alligator lizards)

Chamaeleonidae (chameleons)

Cordylidae (girdle-tailed lizards)

Corytophanidae (casquehead lizards)

Crotaphytidae (collared and leopard lizards)

Dibamidae (blind lizards)

Feyliniidae (African snake skinks)

Gekkonidae (geckos)

Pygopodidae (snake lizards)

Scincidae (skinks)

Eublepharidae (Eyelid geckos)

Helodermatidae (beaded lizards, gila monsters)

Iguanidae (iguanas)

Lacertidae (wall lizards)

Lanthanotidae (earless monitor)

Phrynosomatidae (earless, spiny, and horned lizards)

Polychridae (anoles)

Teiidae (whiptail)

Tropiduridae (neotropical ground lizards)

Varanidae (monitor lizard)

Xantusiidae (night lizard)

Xenosauridae (knob-scaled lizards).

All non-native tropical and subtropical species of turtles in the families:

Carettochelyidae (New Guinea softshell turtles)

Dermatemydidae (Central American river turtles)

Kinosternidae (mud and musk turtles)

Testudinidae (tortoises)

Trionychidae (soft-shelled turtles)

Red-eared slider (Trachemys scripta)

All non-native tropical and subtropical species of frogs and toads in the families:

Atelopodidae (stub-footed toads)

Bufonidae (true toads)

Centrolenidae (glass frogs)

Dendrobatidae (poison dart frogs)

Hylidae (tree frogs)

Leptodactylidae (tropical frogs)

Microhylidae (narrow-mouthed toads)

Pelobatidae (spadefoot toads)

Pelodytidae (spadefoot toads)

Phrynomeridae (snake-necked frogs)

Pipidae (clawed frogs, Surinam toads)

Pseudidae (Harlequin frogs)

Ranidae (true frogs)

Rhacophoridae (flying frogs)

Rhinophrynidae (cone-nosed toads)

Rana pipiens (Leopard frog) acquired from lawful out-of-state source or instate commercial producer.

Ambystoma tigrinum (Tiger salamander) acquired from lawful out-of-state source or instate commercial producer.

Oriental fire-bellied toad (Bombina orientalis)

Order Gymnophiona - Caecilians, tropical amphibians

Order Urodela - Salamanders and newts

Suborder Amphisbaenia - Worm lizards

Caimans

Members of the subfamily Phasianinae not native to North America except chukar partridge, grey partridge, red-legged partridge and ring-necked pheasant.

Those species of ducks, geese and swans not listed in the regulations of the U.S. Fish & Wildlife Service in the Code of Federal Regulation 50 CFR. 10.13 (October 1, 1994). This rule does not incorporate amendments to said U.S. Fish and Wildlife Service regulations. Information regarding this rule or copies may be obtained from the Terrestrial Wildlife Section, 6060 Broadway, Denver, CO 80216.

C. Federal, state or county agencies or any person with a valid scientific collecting permit conducting research; zoos accredited by AZA, and individual animals used in carnival and animal acts which are licensed by the U.S. Department of Agriculture.

D. No license is required for wildlife taken in accordance with commission regulation #1000(A)(6).

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.

#1104 - LICENSE TYPES

A. Commercial Wildlife Park License

Commercial Wildlife Park Licenses are issued to a person or persons for the operation of privately owned wildlife parks and for the related commercial use of such wildlife including: buying, selling, propagating, brokering or trading of lawfully acquired captive wildlife; charging 

customers to hunt on such a park; or, exhibiting wildlife for educational or promotional purposes. There are five subcategories of commercial wildlife park licenses:

1. Big Game Hunting Park - Issued for hunting privately owned big game animals on private property. No new big game hunting park licenses shall be issued after July 1, 1996, except when a change of ownership occurs on an existing Big Game Hunting Park. The new applicant(s) must comply with all regulations in place at the time of the change of ownership when applying for the new license. Big Game Hunting Park licenses cost $100 as provided in 33-4-102 C.R.S.

a. A Big Game Hunting Park Carcass tag will be provided by the Division at no cost. No hunting license is required for hunting captive wildlife within the park. Hunting can occur year-round. All wildlife removed from the park must be accompanied by a carcass tag, properly attached, showing number, sex, age, species, date taken, park number, hunter’s name and address and, if available, eartag and/or tattoo number of each animal taken.

b. All wildlife released into the park must be marked with USDA official metal eartags and/or eartags provided or approved by the Division of Wildlife. All alternative livestock (fallow deer and elk) released into the park must be tattooed as provided by State Board of Livestock Inspection Commission regulations.

c. No live wildlife may be removed from the park.

d. All big game killed on Big Game Hunting Parks will be subject to the "Slaughter Surveillance Program" for bovine tuberculosis testing as provided for in regulation #008G, and to CWD testing requirements in #1109.

2. Wildlife Exhibitors Park - Issued for the exhibition of live wildlife (except birds) for educational or promotional activities. Wildlife Exhibitors Park licenses cost $100 as provided in 33-4-102 C.R.S.

a. Exhibition of animals in the families Felidae, Ursidae or Canidae outside the licensed Wildlife Exhibitors Park premises is prohibited except under the following conditions:

1. Animals must be caged at all times, except as provided in 1104(A)(2)(a). Cages must be made from a minimum of 9 gauge wire, completely enclosed, including a top and a bottom; and shall be large enough to allow the animal being caged to stand up and turn around.

2. Animals may be exhibited out of cage only when the exhibitor is covered by a current and in-force insurance policy in the face amount of no less than $500,000 coverage for general liability. Copies of the liability insurance policy shall be forwarded to the Special License Unit of the Division prior to the scheduled event.

3. Animals must remain caged during any exhibition in any educational institution.

4. All incidents involving exhibited wildlife where injury to wildlife or people occurs must be reported to the Special Licensing Unit within 24 hours.

b. Exhibition of any wildlife for educational purposes is permitted under the following conditions:

1. A copy of the authorization from the educational institution, if exhibited at an educational institution, must be submitted to the Special Licensing Unit prior to presentation.

2. A copy of the lesson plan must be submitted on an annual basis to the Division of Wildlife Education Unit.

c. Wildlife Exhibitors Parks must be AZA accredited prior to and maintain such accreditation as a condition of the issuance of a license. Facilities previously licensed by the Division prior to January 1, 2006 may continue to operate under wildlife parks requirements without obtaining AZA certification.

3. Wildlife Producers Park - Issued for trading, selling, propagating, bartering, shooting, brokering, and transporting, live wildlife (except birds) and wildlife parts. Wildlife Producers Park licenses cost $100 as provided in 33-4-102 C.R.S.

4. Upland Bird and Waterfowl Hunting and Producers Park -Issued for the propagation and release of commercially raised upland game birds and waterfowl for preserve shooting. 

Upland Bird and Waterfowl Hunting and Producers Park licenses cost $100 as provided in 33-4-102 C.R.S.

a. Boundaries of licensed areas shall be clearly identified with fencing or other distinguishing features and shall be signed at intervals of not more than 400 yards. All hunting shall be limited to the area identified on the license.

b. Total harvest of any bird species released on a commercial wildlife park shall be limited to no more than the number of flight capable birds released in a calendar year.

c. Only the following wildlife species may be released and hunted under the authority of this license: Ring-necked pheasant, Gambel's, scaled, and bobwhite quail, chukar, gray partridge, and mallard ducks. Exceptions to this list may occur with the approval of the Director of the Division of Wildlife or designee.

d. Wildlife taken under an Upland and Waterfowl Hunting and Producers Park may be taken within the licensed park without a hunting license, unless otherwise restricted by Federal law and may be taken from January 1 through December 31. A receipt must be issued to any hunter leaving the park with wildlife stating numbers of wildlife taken, sex, species, park number and date.

5. Zoological Park License - Issued for the operation of facilities, other than AZA-accredited zoos, open to the public for wildlife exhibition. Zoological Park cost $100 as provided in 33-4-102 C.R.S.

a. Zoological Parks must meet all criteria of 33-4-102(13)(a) C.R.S. as amended.

B. Non-commercial Wildlife Park License

Non-commercial Wildlife Park licenses are issued to a person or persons for the purpose of keeping birds other than raptors, or for species acquired in accordance with section 2 below.

1. A licensee may only buy, propagate, give, trade, exchange, release, import or export any lawfully acquired birds or eggs in accordance with Wildlife Commission regulations. Such license activity may not be engaged in for the purpose of generating a profit.

2. Persons in possession of a private non-commercial wildlife park license or in lawful non-commercial possession of exotic mammals prior to January 1, 1983 may continue to possess only those individual mammals and their progeny born after January 1, 1982, under a non-commercial wildlife park license.

3. Non-commercial Wildlife Park licenses are nontransferable and shall be valid for the life of the licensee. Any change in the location of the facilities for a noncommercial park must be approved as a license amendment, in advance, by the Division. Non-commercial Wildlife Park licenses cost $20.00 as provided for in 33-4-102 C.R.S.


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


  2. 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.


  4.4. 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.


Chapter 11 - Wildlife Parks and Unregulated Wildlife
Index
Page
INTRODUCTION TO CHAPTER 11
1
Article I
GENERAL PROVISIONS 3
#1100
Definitions 3
#1101
Vacant
Article II
LICENSE REQUIREMENTS, LICENSE EXEMPTIONS, LICENSE TYPES, APPLICATION AND RECORD REQUIREMENTS, AND LICENSE RENEWAL. 3
#1102
Licenses Requirements 3
#1103
Exemptions from License Requirements 5
#1104
License Types 9
#1105
Application Requirements 12
#1106
Record Requirements 13
#1107
Expiration and Renewal of Licenses 14
Article III
FACILITY REQUIREMENTS, FACILITY/RECORD INSPECTIONS, TAGGING 15
#1108
Wildlife Park Facility Requirements 15
#1109
Wildlife Sanctuary Facility Requirements 17
#1110
Facility, Wildlife and Record Inspection 17
#1111
Tagging Requirements 18
#1112
Vacant 18
Article IV
SPECIAL RESTRICTIONS
19
#1113
Escape of Captive Wildlife
19
#1114
Unregulated Wildlife Listing or Delisting 19
#1115
Red Deer Hybridization Testing And Documentation 20
#1116
Mule Deer Compensation Program 20
Basis and Purpose 22