Sources: Colorado Revised Statutes, Annotated, 1985, Title 33; 1990 Replacement Volume; 1992 Cumulative Pocket Part.
STATE WILDLIFE POLICY
It is the policy of the state that wildlife and their environment be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of the state and its visitors. There shall be a comprehensive program to offer the greatest possible variety of wildlife-related recreational opportunities, with continuous planning, acquisition, and development of wildlife habitats and facilities for wildlife-related opportunities. All wildlife not lawfully acquired and held by private ownership is declared to be the property of the state. Right, title, interest, acquisition, transfer, sale, importation, exportation, release, donation, or possession of wildlife shall be permitted only as provided in this title or in any rule of the Wildlife Commission. To foster the welfare of its inhabitants, the state shall protect and encourage full development of absolute and conditional water rights created under state law and develop and maximize the beneficial use of the waters to which Colorado and its citizens are entitled under interstate compacts. The state shall utilize hunting, trapping, and fishing as the primary methods of effecting necessary wildlife harvests (33-1-101). (See HABITAT PROTECTION.)
It is the policy of the state that the natural, scenic, scientific, and outdoor recreation areas be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors. It is further state policy that there shall be a comprehensive program of outdoor recreational opportunities. The state shall: develop state parks and state recreation areas suitable for camping, picnicking, hiking, horseback riding, environmental education, sightseeing, hunting, boating, fishing, swimming, and other water sports, and other recreational activities; advise citizens and visitors of the location of these areas; charge fees for the use of any state park or state area; allow sport hunting, trapping, and fishing as a wildlife management tool and as the primary method of effecting a necessary wildlife management (33-10-101).
PROTECTED SPECIES OF WILDLIFE
The open season for all state migratory game birds shall be the same as that fixed by the Federal Migratory Bird Treaty Act. Any changes or new rulings under the Act applicable to the state shall be in effect and be enforced by the Division. The term "migratory birds" includes birds defined as such under the administrative provisions and regulations of the Act. The Commission shall issue regulations and licenses to permit possession of raptors for falconry and captive breeding and to encourage individual efforts to propagate the species. It is the intent of the general assembly for the Commission to make the rules and regulations of this state conform to or be more stringent than the provisions of the Migratory Bird Treaty Act and the Endangered Species Act. These regulations may include, but not be limited to, captive breeding and the use of domestic captive-bred raptors and purchase, sale, transportation, importation, exportation, or exchange of raptors with persons having like licenses (33-1-115).
The General Assembly declares that: it is the policy of this state to manage all nongame wildlife, recognizing the private property rights of individual property owners, for human enjoyment and welfare, for scientific purposes, and to insure their perpetuation as members of ecosystems; species or subspecies of state indigenous wildlife found to be endangered or threatened within the state should be accorded protection to maintain and enhance their numbers; the state should assist in the protection of species or subspecies of wildlife endangered or threatened elsewhere; adequate funding be made available to the Division annually by appropriations from the general fund. "Management" means collection and application of biological information to increase the number of individuals within species of wildlife to the optimum carrying capacity of their habitat and maintaining such levels. The term includes the entire range of activities that constitute a modern, scientific resource program including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. Also included is the periodic or total protection of species, and may include artificial propagation to maintain threatened or endangered species, in concert with water rights, and may also include restriction of stocking of species in competition with threatened or endangered species for available habitat (33-2-102 and -103).
The Division shall establish programs including acquisition of land or aquatic habitat for management of nongame, endangered, or threatened wildlife, and may enter into agreements with federal agencies, political subdivisions or private persons for administration and management of any area established under this section or utilized for management of nongame, endangered, or threatened wildlife (33-2-106 and -107).
The Division shall conduct investigations on nongame wildlife to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures. On the basis of such determinations, the Commission shall issue regulations and develop management programs. Regulations shall set forth species or subspecies of nongame wildlife in need of management. The Commission shall conduct ongoing investigations of nongame wildlife and may amend regulations by adding or deleting species or subspecies. The Commission shall by regulation establish limitations on the taking, possession, transportation, exportation, processing, sale or offering for sale, or shipment to manage nongame wildlife. Except as provided, it is unlawful to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife in need of management and unlawful for any common or contract carrier knowingly to transport or receive for shipment such nongame wildlife (33-2-104).
On the basis of investigations of nongame wildlife and other available scientific and commercial data and after consultation with appropriate state and federal entities and other interested persons and organizations, the Commission shall by regulation establish a list of species and, where necessary, subspecies of wildlife indigenous to the state determined to be endangered or threatened. At least once every five years, the Commission shall review all species included in the state lists of endangered or threatened species and determine whether any species should be: removed from such list; changed in status from endangered to threatened; changed in status from threatened to endangered. Except as provided, it is unlawful to take, possess, transport, export, process, sell or offer for sale, or ship and for any common or contract carrier knowingly to transport or receive for shipment any species or subspecies of wildlife appearing on the list of wildlife indigenous to this state determined to be threatened or endangered (33-2-105). The Commission shall issue necessary regulations to carry out the purposes of this article (33-2-107).
It is the intent of the voters of Colorado to prohibit the taking of black bears when females are rearing their cubs. It is their further intent to promote the concept of fair chase in the taking of black bears by eliminating the use of bait and dogs. During March 1 through September 1, it is unlawful to take a black bear by any means including firearm or bow and arrow. It is unlawful to take a black bear with the use of bait, or with dogs at any time. If a dog accidentally chases a black bear while the owner or person in control of such dog is in legal pursuit of other game, such owner or person in control shall not be charged with illegal taking of a black bear if the dog is called off as soon as the mistake is realized and the bear is not injured or killed. This section shall not apply to Division employees or to field agents of the US Department of Agriculture acting in their official capacity, nor to a person who lawfully takes a black bear in defense of life or property, or to a person who traps, kills, or otherwise disposes of a black bear in accordance with statutory exceptions. "Bait" means to place, expose, deposit, distribute, or scatter salt, minerals, grain, animal parts, or other food so as to lure, attract, or entice black bears on or over any area where hunters are attempting to take black bears. Violation: Class 1 misdemeanor punished as provided in 18-1-106; and license privileges suspended for five years. Persons convicted of a second or subsequent offense shall have their wildlife license privileges suspended permanently (33-4-101.3).
HABITAT PROTECTION
The Director of USFW and the Director's authorized agents have the right to conduct fish hatching and fish culture activities and other connected operations. Nothing herein shall be construed as granting jurisdiction over or right to interfere with Division activities or facilities, nor as contravening any state laws relating to public health, pollution, or water rights (33-1-116).
It is declared to be the policy of this state that its fish and wildlife resources, and particularly the fishing waters within the state, are to be protected and preserved from the actions of any state agency to the end that they be available for all time and without change in their natural existing state, except as may be necessary and appropriate after due consideration of all factors involved (33-5-101). No state agency (applicant), shall obstruct, damage, diminish, destroy, change, modify, or vary the natural existing shape and form of any stream or its banks or tributaries by any type of construction without first notifying the Commission of such plan. Notice shall be on Commission forms submitted not less than 90 days prior to commencement of planned construction, and shall include detailed plans and specifications of the project as may or will affect any stream. The Commission shall promptly examine all plans submitted, and if determined that the plans and specifications are technically inadequate to accomplish the purposes set forth in 33-5-101, it may aid in preparing adequate plans and specifications. Within thirty days the Commission shall notify the applicant if the planned construction or project will adversely affect the stream involved, and if so will provide recommendations or alternative plans which will eliminate or diminish such adverse effect (33-5-102 through -104). The applicant within fifteen days shall notify the Commission if it refuses to modify its plans. The Commission shall then determine if it desires to have the matter arbitrated. Within ten days after an affirmative decision and after notice to the other agency or agencies involved, the Commission shall notify the Governor. No further action shall be taken on planned construction until the Governor issues a written decision within thirty days which shall be binding on all parties concerned, with no judicial review (33-5-105). These provisions shall not operate or be construed to impair, diminish, or divest existing or vested water rights, nor shall they apply in emergency situations, or to irrigation projects (33-5-106 and -107).
Select another State Summary
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu