CO Code § 33-4-102 (2021)
2021 Colorado Code|Title 33 - Parks and Wildlife|Article 4 - Licenses, Certificates, and Fees|§ 33-4-102. Types of Licenses and Fees - Rules

  Except as otherwise provided in subsection (1.6) of this section, the division may issue the following resident and nonresident licenses and shall collect the following fees:  (1.1) to (1.3) Repealed.  (1.4) Except as otherwise provided in subsections (1.5) and (1.6) of this section, the division may issue the following resident and nonresident licenses and shall collect the following fees: (1.5)   With respect to the licenses authorized under subsections (1.4)(d.5) and (1.4)(e) of this section, the commission may raise the fees by rule as necessary to maintain sufficient funding for Colorado to remain eligible for federal funding made available to the states through the “Federal Aid In Sport Fish Restoration Act”, 16 U.S.C. secs. 777 to 777k, as amended.    With respect to licenses authorized under subsection (1.4) of this section, the commission shall consider offering discounted licenses or license combinations for wildlife management or hunting and fishing recruitment purposes, including consideration of the creation of a resident low-income license. (1.6)   By promulgation of appropriate rule, the commission may, from time to time, reduce a fee specified in this section and may, by promulgation of appropriate rule, later raise the license fee up to an amount not to exceed the statutory limit, when, in the judgment of the commission, one of the following conditions applies:   If the commission determines that it would be beneficial to issue the license in conjunction with another type of license and creates a combination license;    If 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 of the animal, or as otherwise deemed appropriate by the commission.    If 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 state and federal regulation and reflect the administrative cost savings realized through coordination.    (Deleted by amendment, L. 2018.)       For a fee or surcharge described in articles 1 to 6 of this title 33, the commission may, by rule, adjust the fee or surcharge by an amount up to the total amount reflected by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. The adjustment is not effective until the commission notifies the joint budget committee of the adjustment.    Repealed.  (1.7) Nothing in this section shall be construed to invalidate any senior lifetime license previously issued by the division.  (1.8) Repealed. (1.9)     The general assembly hereby finds, determines, and declares that: (a) (I)The general assembly hereby finds, determines, and declares that:   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;    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;    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;    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    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.       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.       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.    As used in this subsection (1.9), “United States armed services wounded warrior programs” means:   The Army wounded warrior (AW2) program;    The Air Force wounded warrior (AFW2) program;    The Navy safe harbor program;    The Coast Guard wounded warrior regiment; and    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.       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).             Except as otherwise provided in subsection (1.6) of this section, the division may issue the following special licenses and shall collect the following fees:   Scientific collecting license for the collection of wildlife species    Importation license, issued for the purpose of importing wildlife    Field trial license =lf 23.00    Commercial lake license, issued for the operation of privately    Private lake license, issued for the operation of privately owned    Commercial wildlife park license, issued for the operation of    Noncommercial park license, issued to persons who wish to    (Deleted by amendment,L. 91, p. 199, § 4, effective June 7, 1991.)    Wildlife sanctuary license =lf 150.00       The fee for any license issued by the division for which a fee is not provided in subsection (1), (1.4), or (2) of this section must not exceed one hundred dollars.    Repealed.    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.      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.    Repealed.       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. (7.5) The division or a license agent issuing a license on the division's behalf need not comply with section 24-72.1-103 concerning secure and verifiable identity documents when issuing a license pursuant to this section.    In the event of the loss, theft, or destruction of any wildlife 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 up to fifty percent of the cost of the original license, not to exceed twenty-five dollars, as established by the commission by rule, and completion of an affidavit stating where and by whom the license was issued and the circumstances under which the 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 the license was never received. (8.5)   Except for the annual Colorado wildlife habitat stamp, the lifetime Colorado wildlife stamp, the migratory waterfowl stamp, and the youth small game hunting license, the commission shall, by rule, assess a surcharge in an amount not to exceed one dollar and fifty cents on each license listed in subsections (1) and (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 the surcharge, together with any interest earned on the revenues, shall be deposited into the wildlife management public education fund created in section 33-1-112 (3.5)(a).             (Deleted by amendment,L. 2005, p. 469, § 1, effective January 1, 2006.)       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.    Repealed.    With respect to licenses that are issued in limited numbers for the taking of game wildlife, the division may collect from each resident license applicant a nonrefundable processing fee not to exceed ten dollars and from each nonresident license applicant a nonrefundable processing fee not to exceed twenty dollars, which fees the commission shall establish by rule.      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.    Several satellite stations of a fish production facility may operate under one aquaculture license provided all such satellite stations are listed on such license.         The commission shall establish a license classification for zoological parks. Each licensed zoological park shall be subject to the following requirements:   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;    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;    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;    The park shall maintain regular hours during which it is open to the public;    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.       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.    No licensed zoological park may import noncervid ruminants or camelids into Colorado unless, in each such instance, the animal has been subjected to the following process:   Before importation, the animal is tested for tuberculosis and found not to be infected;    After such test, the animal is imported and held in isolation in an isolation facility for a continuous period of least sixty days; and    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.       Importation and testing of cervid animals by licensed zoological parks shall be subject to regulation by the division.    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.    The annual fee for a zoological park license shall not exceed the annual fee for a commercial park license.      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. (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.    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.            The commission shall establish a license classification for wildlife sanctuaries. Each license for a wildlife sanctuary shall be subject to the following requirements:   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;    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    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.       An application for a license for a wildlife sanctuary shall include the following:   The name, complete street address, mailing address if different from the street address, and telephone number of the facility;    Evidence of the wildlife sanctuary's status under section 501 (c)(3) of the federal “Internal Revenue Code”;    The specific location where wildlife is housed;    The current wildlife inventory, including the common and scientific name, gender, age, and origin of each animal; and    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.       Repealed.       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.     =sr Fees   outside of established seasons and bag limits =lf $ 28.00   into the state =lf 75.00   owned lakes for purposes of charging customers to fish; live fish or viable   gametes may not be sold or transported from the premises =lf 200.00   lakes for the purpose of fishing when no fee is charged; fish or gametes   may not be sold, and live fish or viable gametes may not be transported   from the premises =lf 14.00   privately owned wildlife parks and for related buying, selling, or trading of   lawfully acquired wildlife or for charging customers to hunt at the park =lf 150.00   keep lawfully acquired native birds except raptors as pets =lf 28.00   History. Source: L. 69: R&RE, p. 435, § 1. C.R.S. 1963: § 62-11-2. L. 72: P. 333, § 30. L. 75: Entire section R&RE, p. 1317, § 1, effective July 14. L. 77: (1)(g) and (1)(h) amended, p. 1541, § 2, effective January 1, 1978. L. 79: (1)(s) and (2) amended and (4) added, p. 1236, § 1, effective January 1, 1980. L. 82: (1)(s) and (2) RC&RE, p. 518, § 1, effective March 11. L. 83: Entire section R&RE, p. 1287, § 1, effective January 1, 1984. L. 84: (4) and (7) amended and (10) repealed, pp. 920, 925, §§ 4, 19, effective January 1, 1985. L. 87: (11) added, p. 1268, § 1, effective January 1, 1988. L. 89: (1.1) to (1.8) added and (5) and (8) amended, pp. 1343, 1345, §§ 4, 5, effective July 1; (1)(x) added, p. 1347, § 1, effective February 1, 1990. L. 90: (2)(d) and (2)(e) amended and (2)(h) and (12) added, p. 1530, §§ 1, 2, effective January 1, 1991. L. 91: (6) amended, p. 1412, § 1, effective April 4; (4) repealed, p. 1920, § 47, effective June 1; (2)(h) and (12)(a) amended, p. 199, § 4, effective June 7. Initiated 92: (1)(n) repealed, effective January 14, 1993. L. 93: (1.4)(v) added, p. 431, § 2, effective April 19. L. 94: (1.4)(i) amended and (1.4)(w) and (1.4)(x) added, p. 1220, § 3, effective May 22; (1.4)(n) repealed, p. 1644, § 73, effective May 31; (1.6)(c) and (13) added and (6)(a) amended, pp. 1578, 1579, §§ 4, 5, effective May 31. L. 95: (13)(b) amended and (13)(g) added, p. 17, § 1, effective March 9. L. 97: (1.4)(v) amended, p. 766, § 1, effective May 1. L. 98: IP(1), (1.5), (1.6), and IP(2) amended, p. 1338, § 57, effective June 1. L. 99: (8.5) added, p. 1396, § 3, effective June 4. L. 2000: (1.4)(l), (1.4)(m), (1.4)(o) to (1.4)(t), (1.4)(w), and (1.6) amended, p. 1405, § 1, effective May 30. L. 2001: IP(1.6)(a) and (1.6)(a)(II) amended, p. 40, § 1, effective March 11. L. 2003: IP(1.4) and (1.4)(x) amended, p. 1031, § 8, effective July 1. L. 2004: (2)(i) and (14) added, p. 1324, §§ 4, 5, effective August 4. L. 2005: (1)(v), (1)(w), (1.4), (1.5), (1.6)(b), (3), and (8.5) amended and (1)(y) and (15) added, pp. 469, 472, §§ 1, 2, effective January 1, 2006; (1.4)(v)(I) amended, p. 780, § 68, effective January 1, 2006. L. 2009: (1.4)(y) amended and (1.6)(c) added,(SB 09-235), ch. 388, p. 2097, §§ 4, 3, effective July 1, 2010; (1.4)(z) and (1.4)(aa) amended,(SB 09-235), ch. 388, p. 2096, §§ 2, 1, effective April 1, 2011. L. 2010: (1.9) added,(SB 10-211), ch. 292, p. 1354, § 1, effective May 26; (6)(b) repealed,(HB 10-1422), ch. 419, p. 2120, § 169, effective August 11. L. 2012: (9) amended,(HB 12-1317), ch. 248, p. 1208, § 19, effective June 4. L. 2013: (1.6)(c) repealed,(SB 13-175), ch. 243, p. 1175, § 3, effective May 18. L. 2018: (1.6)(b) amended,(HB 18-1375), ch. 274, p. 1717, § 69, effective May 29; (1), (1.4), (1.6)(a), (1.6)(b), (2), (3), (8), (8.5)(a), and (11) amended, (1.5) RC&RE, and (1.8) and (14)(c) repealed,(SB 18-143), ch. 207, p. 1328, § 6, effective August 8. L. 2020: (7.5) added,(HB 20-1087), ch. 49, p. 167, § 3, effective March 20. History. Source: L. 69: R&RE, p. 435, § 1. C.R.S. 1963: § 62-11-2. L. 72: P. 333, § 30. L. 75: Entire section R&RE, p. 1317, § 1, effective July 14. L. 77: (1)(g) and (1)(h) amended, p. 1541, § 2, effective January 1, 1978. L. 79: (1)(s) and (2) amended and (4) added, p. 1236, § 1, effective January 1, 1980. L. 82: (1)(s) and (2) RC&RE, p. 518, § 1, effective March 11. L. 83: Entire section R&RE, p. 1287, § 1, effective January 1, 1984. L. 84: (4) and (7) amended and (10) repealed, pp. 920, 925, §§ 4, 19, effective January 1, 1985. L. 87: (11) added, p. 1268, § 1, effective January 1, 1988. L. 89: (1.1) to (1.8) added and (5) and (8) amended, pp. 1343, 1345, §§ 4, 5, effective July 1; (1)(x) added, p. 1347, § 1, effective February 1, 1990. L. 90: (2)(d) and (2)(e) amended and (2)(h) and (12) added, p. 1530, §§ 1, 2, effective January 1, 1991. L. 91: (6) amended, p. 1412, § 1, effective April 4; (4) repealed, p. 1920, § 47, effective June 1; (2)(h) and (12)(a) amended, p. 199, § 4, effective June 7. Initiated 92: (1)(n) repealed, effective January 14, 1993. L. 93: (1.4)(v) added, p. 431, § 2, effective April 19. L. 94: (1.4)(i) amended and (1.4)(w) and (1.4)(x) added, p. 1220, § 3, effective May 22; (1.4)(n) repealed, p. 1644, § 73, effective May 31; (1.6)(c) and (13) added and (6)(a) amended, pp. 1578, 1579, §§ 4, 5, effective May 31. L. 95: (13)(b) amended and (13)(g) added, p. 17, § 1, effective March 9. L. 97: (1.4)(v) amended, p. 766, § 1, effective May 1. L. 98: IP(1), (1.5), (1.6), and IP(2) amended, p. 1338, § 57, effective June 1. L. 99: (8.5) added, p. 1396, § 3, effective June 4. L. 2000: (1.4)(l), (1.4)(m), (1.4)(o) to (1.4)(t), (1.4)(w), and (1.6) amended, p. 1405, § 1, effective May 30. L. 2001: IP(1.6)(a) and (1.6)(a)(II) amended, p. 40, § 1, effective March 11. L. 2003: IP(1.4) and (1.4)(x) amended, p. 1031, § 8, effective July 1. L. 2004: (2)(i) and (14) added, p. 1324, §§ 4, 5, effective August 4. L. 2005: (1)(v), (1)(w), (1.4), (1.5), (1.6)(b), (3), and (8.5) amended and (1)(y) and (15) added, pp. 469, 472, §§ 1, 2, effective January 1, 2006; (1.4)(v)(I) amended, p. 780, § 68, effective January 1, 2006. L. 2009: (1.4)(y) amended and (1.6)(c) added,(SB 09-235), ch. 388, p. 2097, §§ 4, 3, effective July 1, 2010; (1.4)(z) and (1.4)(aa) amended,(SB 09-235), ch. 388, p. 2096, §§ 2, 1, effective April 1, 2011. L. 2010: (1.9) added,(SB 10-211), ch. 292, p. 1354, § 1, effective May 26; (6)(b) repealed,(HB 10-1422), ch. 419, p. 2120, § 169, effective August 11. L. 2012: (9) amended,(HB 12-1317), ch. 248, p. 1208, § 19, effective June 4. L. 2013: (1.6)(c) repealed,(SB 13-175), ch. 243, p. 1175, § 3, effective May 18. L. 2018: (1.6)(b) amended,(HB 18-1375), ch. 274, p. 1717, § 69, effective May 29; (1), (1.4), (1.6)(a), (1.6)(b), (2), (3), (8), (8.5)(a), and (11) amended, (1.5) RC&RE, and (1.8) and (14)(c) repealed,(SB 18-143), ch. 207, p. 1328, § 6, effective August 8. L. 2020: (7.5) added,(HB 20-1087), ch. 49, p. 167, § 3, effective March 20.    Editor's note:    This section is similar to former § 33-4-106 as it existed prior to 1984.      In 1992, an initiated measure prohibiting the taking of black bears from March 1 to September 1 passed. Although the initiated measure repealed subsection (1)(n), the fee for spring bear hunting was contained in subsection (1.2)(n) until January 1, 1991, and in subsection (1.4)(n) beginning January 1, 1991. Subsection (1.4)(n) was subsequently repealed by Senate Bill 94-206 to carry out the intent of the initiated measure. (2) (a) In 1992, an initiated measure prohibiting the taking of black bears from March 1 to September 1 passed. Although the initiated measure repealed subsection (1)(n), the fee for spring bear hunting was contained in subsection (1.2)(n) until January 1, 1991, and in subsection (1.4)(n) beginning January 1, 1991. Subsection (1.4)(n) was subsequently repealed by Senate Bill 94-206 to carry out the intent of the initiated measure.    The vote count for the measure at the general election held November 3, 1992, was as follows:         Subsection (4) provided for the repeal of subsections (1)(s) and (2), effective January 1, 1982. (SeeL. 79, p. 1236.) (3) (a) Subsection (4) provided for the repeal of subsections (1)(s) and (2), effective January 1, 1982. (SeeL. 79, p. 1236.)    Subsection (1.1) provided for the repeal of subsections (1)(a) to (1)(p), (1)(r) to (1)(u), and (1.1), effective January 1, 1990. (SeeL. 89, p. 1343.)    Subsection (1.3) provided for the repeal of subsections (1.2) and (1.3), effective January 1, 1991. (SeeL. 89, p. 1343.)    Subsection (1)(x)(II) provided for the repeal of subsection (1)(x), effective July 1, 1994. (SeeL. 89, p. 1347.)    Subsection (1.4)(y)(II) provided for the repeal of subsection (1.4)(y), effective July 1, 2010. (SeeL. 2009, p. 2097.)       Amendments to subsection (1.4)(v) by House Bill 05-1266 and House Bill 05-1337 were harmonized.    Amendments to subsection (1.6)(b) by SB 18-143 and HB 18-1375 were harmonized.     FOR: :u720 1,054,032   AGAINST: :u780 458,260   Cross references:    For the legislative declaration contained in the 1994 act amending subsection (1.4)(i) and enacting subsections (1.4)(w) and (1.4)(x), see section 1 of chapter 209, Session Laws of Colorado 1994.    For the short title (“Hunting, Fishing, and Parks for Future Generations Act”) and the legislative declaration in SB 18-143, see sections 1 and 2 of chapter 207, Session Laws of Colorado 2018.     ANNOTATION   This section permits aliens to procure and use big game licenses. Herzig v. Feast, 127 Colo. 564 , 259 P.2d 288 (1953).