reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-101 - [Effective Until 8/7/2024] Short title

This article shall be known and may be cited as the "Nongame, Endangered, or Threatened Species Conservation Act".
L. 84: Entire article R&RE, p. 862, § 1, effective 1/1/1985.
This section is similar to former § 33-8-101 as it existed prior to 1984.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-101 - [Effective 8/7/2024] Short title

The short title of this article 2 is the "Nongame, Endangered, or Threatened Wildlife and Rare Plant Conservation Act".
Amended by 2024 Ch. 188,§ 3, eff. 8/7/2024.
L. 84: Entire article R&RE, p. 862, § 1, effective 1/1/1985.
This section is similar to former § 33-8-101 as it existed prior to 1984.
2024 Ch. 188, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-102 - [Effective Until 8/7/2024] Legislative declaration

The general assembly finds and 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 ensure their perpetuation as members of ecosystems; that species or subspecies of wildlife indigenous to this state which may be found to be endangered or threatened within the state should be accorded protection in order to maintain and enhance their numbers to the extent possible; that this state should assist in the protection of species or subspecies of wildlife which are deemed to be endangered or threatened elsewhere; and that adequate funding be made available to the division annually by appropriations from the general fund.
L. 84: Entire article R&RE, p. 862, § 1, effective 1/1/1985.
This section is similar to former § 33-8-102 as it existed prior to 1984.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-102 - [Effective 8/7/2024] Legislative declaration

(1)
The general assembly finds and declares that:
(a)
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 ensure their perpetuation as members of ecosystems;
(b)
Species or subspecies of wildlife indigenous to this state that may be found to be endangered or threatened within the state should be accorded protection in order to maintain and enhance their numbers to the extent possible;
(c)
This state should assist in the protection of species or subspecies of wildlife that are deemed to be endangered or threatened elsewhere; and
(d)
The general assembly should make adequate funding available to the division annually by appropriations from the general fund.
(2)
The general assembly also finds and declares that:
(a)
Rare plants and invertebrates are necessary elements of healthy and resilient ecosystems;
(b)
It is the policy of this state to:
(I)
Protect and enhance biodiversity and resilient ecosystems in the face of population growth, development, and climate change;
(II)
Protect and conserve rare plants and invertebrates as members of ecosystems;
(III)
Support the wildlife that depends on rare plants and invertebrates; and
(IV)
Prevent the decline of rare plants and invertebrates before their continued existence in the state is imperilled;
(c)
The division should study and determine the conservation needs of rare plants and invertebrates found in this state and implement voluntary programs to protect these species.
Amended by 2024 Ch. 188,§ 4, eff. 8/7/2024.
L. 84: Entire article R&RE, p. 862, § 1, effective 1/1/1985.
This section is similar to former § 33-8-102 as it existed prior to 1984.
2024 Ch. 188, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Management" means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up 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 within the term, when and where appropriate, is the periodic or total protection of species or populations. "Management" may include artificial propagation to maintain threatened or endangered species populations, in concert with the exercise of water rights, and may also include restriction of stocking of species which are in competition with threatened or endangered species for the available habitat.
L. 84: Entire article R&RE, p. 863, § 1, effective 1/1/1985.
This section is similar to former § 33-8-103 as it existed prior to 1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-104 - Nongame species - regulations

(1)
The division shall conduct investigations on nongame wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations, the commission shall issue regulations and develop management programs designed to ensure the continued ability of nongame wildlife to perpetuate themselves successfully. Such regulations shall set forth species or subspecies of nongame wildlife which the commission deems in need of management pursuant to this section, giving their common and scientific names by species and, where necessary, by subspecies. The commission shall conduct ongoing investigations of nongame wildlife and may from time to time amend such regulations by adding or deleting therefrom species or subspecies of nongame wildlife.
(2)
The commission shall by regulation establish limitations relating to the taking, possession, transportation, exportation, processing, sale or offering for sale, or shipment as may be deemed necessary to manage nongame wildlife.
(3)
Except as provided in regulations issued by the commission, it is unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife deemed by the commission to be in need of management pursuant to this section. Subject to the same exception, it is also unlawful for any common or contract carrier to knowingly transport or receive for shipment nongame wildlife deemed by the commission to be in need of management pursuant to this section.
L. 84: Entire article R&RE, p. 863, § 1, effective 1/1/1985.
This section is similar to former § 33-8-104 as it existed prior to 1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-104.5 - [Effective 8/7/2024] Investigations and surveys of rare plants - repeal

(1)
The division shall conduct investigations and surveys of rare plants to obtain information about population, distribution, limiting factors, and other ecological data in order to determine appropriate conservation and management measures that ensure the continued ability of rare plants to perpetuate themselves.
(2)
The division may undertake voluntary programs designed to conserve, protect, and perpetuate rare plants.
(3)
(a)
Beginning in January 2026, and in January every year thereafter, the department shall include, as part of its presentation during its "SMART Act" hearing required by section 2-7-203, information concerning the investigations conducted in accordance with subsection (1) of this section.
(b)
This subsection (3) is repealed, effective June 30, 2029.
Added by 2024 Ch. 188,§ 5, eff. 8/7/2024.
2024 Ch. 188, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-104.6 - [Effective 8/7/2024] Investigations and surveys of invertebrates - appropriation - repeal

(1)
When the division determines appropriate, the division shall conduct investigations and surveys of invertebrates to obtain information about population, distribution, habitat needs, limiting factors, and other biological and ecological data in order to determine appropriate conservation and management measures that ensure the continued ability of invertebrates to perpetuate themselves.
(2)
The division may undertake voluntary programs designed to conserve, protect, and perpetuate invertebrates.
(3)
(a)
Beginning in January 2026, and in January every year thereafter, the department shall include, as part of its presentation during its "SMART Act" hearing required by section 2-7-203, information concerning the investigations conducted in accordance with subsection (1) of this section.
(b)
This subsection (3) is repealed, effective June 30, 2029.
(4)
The general assembly shall appropriate sufficient money to implement this section from:
(a)
The general fund; or
(b)
The wildlife cash fund created in section 33-1-112; except that money from the sale of hunting and fishing licenses or from associated federal grants is not available for appropriation to implement this section.
Added by 2024 Ch. 188,§ 5, eff. 8/7/2024.
2024 Ch. 188, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-105 - Endangered or threatened species

(1)
On the basis of investigations of nongame wildlife provided for in section
33-2-104
and other available scientific and commercial data and after consultation with other state wildlife agencies, the Colorado water conservation board, the Colorado water and power development authority, water conservancy districts, and other water conservation districts of the state, and other water resource development agencies within the state, appropriate federal agencies, and other interested persons and organizations, the commission shall by regulation adopted pursuant to the procedures specified in sections
33-1-111
and
24-4-103
, C.R.S., establish a list of those species and, where necessary, subspecies of wildlife indigenous to this state which are determined to be endangered or threatened within this state, giving their common and scientific names by species and, where necessary, by subspecies.
(2)
The commission shall:
(a)
Conduct, by July 1, 1986, and at least once every five years thereafter, a review of all species included in the state lists of endangered or threatened species established pursuant to subsection (1) of this section; and
(b)
Determine on the basis of such review whether any such species should:
(I)
Be removed from such list;
(II)
Be changed in status from an endangered species to a threatened species; or
(III)
Be changed in status from a threatened species to an endangered species.
(3)
Except as otherwise provided in this article, it is unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship and for any common or contract carrier to knowingly transport or receive for shipment any species or subspecies of wildlife appearing on the list of wildlife indigenous to this state determined to be endangered within the state pursuant to subsection (1) of this section.
(4)
Except as otherwise provided in this article, it is unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship and for any common or contract carrier to knowingly 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 within the state pursuant to subsection (1) of this section.
L. 84: Entire article R&RE, p. 863, § 1, effective 1/1/1985.
This section is similar to former § 33-8-105 as it existed prior to 1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-105.5 - Reintroduction of endangered species - legislative declaration

(1)
The general assembly determines and declares that pursuant to the tenth amendment of the United States constitution, the state of Colorado has primacy over affairs that are of statewide concern and that matters concerning the environment, including the introduction or reintroduction of species that are currently not found or no longer found in this state is a statewide concern and should be conducted by the state through specific legislation. Reintroduction drives enormous land use questions and impacts property and water rights throughout Colorado.
(2)
Before any species may be introduced or reintroduced into this state through action by any state or local government entity, the general assembly shall act by bill to specifically name such species and to specify the manner of introduction or reintroduction. The species to be introduced or reintroduced shall be:
(a)
Not, or no longer, found in this state; and
(b)
A candidate for listing or has been placed in the threatened or endangered species list pursuant to the federal "Endangered Species Act of 1973",
16 U.S.C. sec. 1531
et seq., as amended.
L. 99: Entire section added, p. 415, § 1, effective October 15. L. 2000: (1) amended, p. 23, § 5, effective August 2.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-105.6 - [Repealed]

Amended by 2014 Ch. 218,§2, eff. 8/6/2014.
Amended by 2013 Ch. 410,§1, eff. 8/7/2013.
L. 2000: Entire section added, p. 436, § 1, effective April 18. L. 2013: IP(1), (1)(b)(II), (4)(b), and (4)(d) amended, (SB 13-169), ch. 410, p. 2428, § 1, effective August 7. L. 2014: IP(4)(b) and (4)(e) amended and (4)(f) added, (HB 14-1267), ch. 218, p. 818, § 2, effective August 6.
Subsection (4)(f)(III) provided for the repeal of this section, effective July 1, 2019. (See L. 2014, p. 818.)
For the legislative declaration in HB 14-1267, see section 1 of chapter 218, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-105.7 - Reintroduction of species - legislative declaration - report

(1)
(a)
As used in this section, unless the context otherwise requires, "introduction" means the release of a nonaquatic wildlife species that is currently not found or no longer found in this state into the environment of Colorado, and shall include reintroduction; except that introduction shall not include any nonaquatic wildlife species the actual initial release of which occurred prior to May 24, 2000, or any release that has previously been approved by the general assembly acting by bill.
(b)
The general assembly determines and declares that the introduction of species is a matter of statewide concern and should be conducted by the state through specific legislation. Such introduction may cause substantial harm to the state's overall ecosystem, including native plants and animal wildlife. The introduction of wildlife species also has far-reaching impacts on benefits from the use of both public and private lands within the state.
(2)
Before any wildlife species may be introduced, the department shall prepare a report that includes, at a minimum, the following information:
(a)
The potential ecological and economic impacts, including whether the introduction of a wildlife species will prevent or impair the then-existing use or uses of private land, and the benefits of the introduction;
(b)
The probable survival rates of the introduced animals;
(c)
The possible impacts should the introduction not take place; and
(d)
An assessment evaluating whether the introduction of the wildlife species will impair any use of private land or beneficial use of water existing at the time of such introduction. If the assessment concludes that any such use will be impaired by the introduction, the report shall also describe the reason for the impact and possible actions to reduce such impact.
(3)
The department shall deliver the report prepared pursuant to subsection (2) of this section to the general assembly, in accordance with section
24-1-136(9)
, C.R.S., within thirty days after its completion.
(4)
The department shall annually prepare a report for each of the five years after an introduction occurs that shall include, at a minimum, the following information:
(a)
The status of the introduction effort;
(b)
A report on the estimated survival rates of the introduced wildlife species and their progeny;
(c)
If the survival rate of the introduced wildlife species and their progeny is below the initial projected range, an assessment of why the survival rate is lower than expected and the steps that have been considered and put in place to increase survival rates; and
(d)
The recovery goals and anticipated timelines of the recovery program.
L. 2000: Entire section added, p. 812, § 1, effective May 24.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-106 - Management programs

(1)
The division shall establish such programs including acquisition of land or aquatic habitat as are deemed necessary for management of nongame, endangered, or threatened wildlife.
(2)
In carrying out programs authorized by this section, the division may enter into agreements with federal agencies or political subdivisions of this state or with private persons for administration and management of any area established under this section or utilized for management of nongame, endangered, or threatened wildlife.
(3)
The commission may permit, under such terms and conditions as may be prescribed by regulation, the taking, possession, transportation, exportation, or shipment of species or subspecies of wildlife which appear on the state lists of endangered or threatened species for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes.
(4)
Upon good cause shown and where necessary to alleviate damage to property or to protect human health, endangered or threatened species may be removed, captured, or destroyed but only pursuant to permit issued by the division and, where possible, by or under the supervision of an agent of the division. Provisions for removal, capture, or destruction of nongame wildlife for the purposes set forth in this subsection (4) shall be set forth in regulations issued by the commission pursuant to section
33-2-104 (1)
.
L. 84: Entire article R&RE, p. 864, § 1, effective 1/1/1985.
This section is similar to former § 33-8-106 as it existed prior to 1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-107 - Regulations

The commission shall issue such regulations as are necessary to carry out the purposes of this article.
L. 84: Entire article R&RE, p. 865, § 1, effective 1/1/1985.
This section is similar to former § 33-8-107 as it existed prior to 1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 2 - NONGAME AND ENDANGERED SPECIES CONSERVATION (§§ 33-2-101 — 33-2-108) › Section 33-2-108 - [Repealed]

L. 84: Entire article R&RE, p. 865, § 1, effective 1/1/1985. L. 89: Entire section repealed, p. 1346, § 7, effective July 1.
Prior to its repeal in 1989, this section was similar to former § 33-8-110 as it existed prior to 1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 1 - GENERAL PROVISIONS (§§ 33-3-101 — 33-3-111) › Section 33-3-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Division" means the division of parks and wildlife.
L. 72: p. 332, § 22. C.R.S. 1963: § 62-3-10.
Although § 62-3-10, currently 33-3-101, was added in 1972 as the last section appearing in article 3 of chapter 62, C.R.S. 1963, a supplement was not printed for the laws enacted in 1972 or 1973. This article was subsequently renumbered in the compilation of the Colorado Revised Statutes 1973.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 1 - GENERAL PROVISIONS (§§ 33-3-101 — 33-3-111) › Section 33-3-102 - State's liability for damage

The state of Colorado is liable for certain damages caused by wildlife, but only to the extent provided in this article.
L. 69: R&RE, p. 408, § 1. C.R.S. 1963: § 62-3-1.
L. 69: R& RE, p. 408, § 1. C.R.S. 1963: § 62-3-1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 1 - GENERAL PROVISIONS (§§ 33-3-101 — 33-3-111) › Section 33-3-103 - No liability for damage - when

(1)
The state shall not be liable for:
(a)
Damage to livestock caused by coyotes, bobcats, or dogs. It is the intent of the general assembly that the division shall use whatever proper means are available to effectively minimize depredation to livestock by coyotes and bobcats.
(b)
Damage to motor vehicles caused by wildlife;
(c)
Injury to or the death of any person caused by wildlife;
(d)
Damages, if the division has furnished to the claimant sufficient and appropriate damage prevention materials and the claimant has refused to accept or use such materials exclusively for game damage prevention, and if the provisions of section
33-3-103.5
have been complied with by the division and the claimant;
(e)
Damages, if the claimant has willfully failed to maintain damage prevention materials throughout the normal life of such materials, and such materials have not been damaged or destroyed by wildlife;
(f)
Damages caused by wildlife if the claimant has unreasonably restricted hunting on land under his control or has unreasonably restricted passage to other land by restricting access across land under his control. In determining whether or not there has been an unreasonable restriction on hunting or availability of access by the claimant, the division shall consider only whether or not such restriction has significantly and adversely reduced a necessary harvest of wildlife.
(g)
Damages caused by wildlife, if claimant charges a fee in excess of five hundred dollars per person, per season, for the purpose of big game hunting access on or across claimant's property.
(2)
(Deleted by amendment, L. 2009, (SB 09-024), ch. 1723, p. 1723, § 1, effective June 1, 2009.)
L. 69: R&RE, p. 409, § 1. C.R.S. 1963: § 62-3-2. L. 77: (1)(a) amended, p. 1525, § 10, effective 1/1/1978. L. 79: Entire section R&RE, p. 1214, § 9, effective June 21. L. 90: (2)(f) amended, p. 573, § 69, effective July 1. L. 91: (1)(g) amended, p. 1439, § 1, effective April 20. L. 2009: (1)(d), (1)(g), and (2) amended, (SB 09 -024), ch. 323, p. 1723, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 1 - GENERAL PROVISIONS (§§ 33-3-101 — 33-3-111) › Section 33-3-105 - Wildlife migration areas - division to keep records

It is the duty of the division to maintain records of areas used by wildlife for migration purposes, and the division shall furnish information concerning wildlife migration areas to persons requesting such information.
L. 69: R&RE, p. 410, § 1. C.R.S. 1963: § 62-3-4.
L. 69: R& RE, p. 410, § 1. C.R.S. 1963: § 62-3-4.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 1 - GENERAL PROVISIONS (§§ 33-3-101 — 33-3-111) › Section 33-3-106 - Excessive damage to property - permit to take wildlife - when - harassment by dogs

(1)
(a)
Where wildlife is causing excessive damage to property, as determined by the division after consultation with the property owner, the division is authorized to issue a permit to the property owner, the property owner's designee, or to such other person selected by the division to kill a specified number of the species of wildlife causing such excessive damage. Upon request by the property owner, whenever the wildlife causing the excessive damage exceeds the wildlife objective set by the division for that species for that geographical area for the current year, the division is encouraged to issue a permit under this section. Any determination by the division that the damage being caused is not excessive may, upon application by the property owner, be reviewed by the commission.
(b)
No permit to take wildlife pursuant to this subsection (1) shall be issued or used in violation of any local restriction on firearm use.
(2)
Any wildlife killed, as permitted under subsection (1) of this section, shall remain the property of the state and shall be field dressed promptly, and such killing shall be reported to the division within forty-eight hours; except that the killing of a bear or mountain lion shall be reported within five days.
(3)
Nothing in this section shall make it unlawful to trap, kill, or otherwise dispose of bears, mountain lions, or dogs without a permit in situations when it is necessary to prevent them from inflicting death, damage, or injury to livestock, real property, a motor vehicle, or human life and additionally, in the case of dogs, when it is necessary to prevent them from inflicting death or injury to big game and to small game, birds, and mammals. Any wildlife killed as permitted under this subsection (3) shall remain the property of the state, and such killing shall be reported to the division within five days. The division may bring a civil action against the owner of any dog inflicting death or injury to any big game and to small game, birds, and mammals for the value of each game animal injured or killed. The minimum value of each animal shall be as set forth in section
33-6-110
.
(4)
(Deleted by amendment, L. 2003, p. 1939, § 2, effective May 22, 2003.)
L. 69: R&RE, p. 410, § 1. C.R.S. 1963: § 62-3-5. L. 73: p. 660, §§ 1, 2. L. 75: (3) amended, p. 1306, § 6, effective July 14. L. 85: (3) amended, p. 1364, § 32, effective June 28. L. 2003: (2) to (4) amended, p. 1939, § 2, effective May 22. L. 2009: (1) amended, (SB 09 -024), ch. 323, p. 1727, § 4, effective June 1.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 1 - GENERAL PROVISIONS (§§ 33-3-101 — 33-3-111) › Section 33-3-107 - Claims procedure

(1)
When any person has sustained damages to property caused by any wildlife, he shall notify the division of such damages within ten days after the discovery thereof. In the case of recurring damage, the division shall be notified within ten days after the discovery of each new or different occurrence of damage.
(2)
Proof of loss forms shall be filed within ninety days after the last notice of loss is submitted to the division under subsection (1) of this section. The division, within thirty days after the filing of such proof of loss forms, shall make an investigation of the alleged loss, and, where possible, shall attempt to reach an agreement with the claimant upon an amount of settlement. The commission may review settlement agreements between the division and the claimant and may disapprove any settlement which it finds to be unreasonable; but said review is not required in every case and the commission may determine that it will review only certain categories of settlements or that it will not review any settlements. The commission shall review all claims which the division recommends for denial and all claims upon which the division and claimant are unable to reach a settlement; except that a claimant whose claim is within the monetary jurisdictional limitations of the small claims division of county court may waive such review by the commission and commence an action which shall entitle such claimant to a trial de novo in the small claims division of the county court of the county in which the damage or any portion thereof is alleged to have occurred. Such waiver shall be in writing and shall be mailed to the commission within ten days after such claimant receives notification from the division of the denial of his claim, or within ten days after the claimant receives from the division an offer of settlement unacceptable to such claimant. The division may be represented by a full-time employee in small claims court.
(2.5)
For payment to a claimant, the controller shall draw a warrant upon a voucher approved by the division and the state treasurer shall pay the amount of settlement out of the wildlife cash fund.
(3)
The division shall furnish forms to be used for the notice and proof of loss required under this section.
L. 69: R&RE, p. 410, § 1. C.R.S. 1963: § 62-3-6. L. 91: (2) amended and (2.5) added, p. 1439, § 2, effective April 20.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 1 - GENERAL PROVISIONS (§§ 33-3-101 — 33-3-111) › Section 33-3-108 - Review by the commission

If the commission reviews a claim pursuant to the provisions of section
33-3-107
, the commission may either confirm a decision of the division denying a claim or may extend to the claimant an offer of settlement. If the claimant disagrees with the commission's determination or refuses to accept the commission's offer of settlement, the claimant may file an action for damages in the district or county court of the judicial district or county in which the damage or any portion thereof is alleged to have occurred. Such action shall be filed within sixty days after the claimant receives notice of denial by the commission, which notice shall set forth the reasons for denial, or within sixty days after the claimant receives an offer of settlement from the commission. If the action is not filed within said sixty-day period, such action shall be forever barred.
L. 69: R&RE, p. 410, § 1. C.R.S. 1963: § 62-3-7. L. 77: Entire section R&RE, p. 1525, § 11, effective 1/1/1978. L. 84: Entire section amended, p. 927, § 3, effective May 2. L. 91: Entire section amended, p. 1440, § 3, effective April 20.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 1 - GENERAL PROVISIONS (§§ 33-3-101 — 33-3-111) › Section 33-3-109 - Review by commission waived

If a claimant waives the right to commission review pursuant to the provisions of section
33-3-107
, such claimant may commence an action for damages and, in connection therewith, shall be entitled to a trial de novo in the small claims division of the county court of the county in which the damage or any portion thereof is alleged to have occurred. Such action shall be filed within sixty days after the claimant receives notice of denial by the division, which notice shall set forth the reasons for denial, or within sixty days after the claimant receives an offer of settlement from the division. If the action is not filed within said sixty-day period, such action shall be forever barred.
L. 69: R&RE, p. 411, § 1. C.R.S. 1963: § 62-3-8. L. 77: Entire section R&RE, p. 1525, § 12, effective 1/1/1978. L. 84: Entire section amended, p. 927, § 4, effective May 2. L. 91: Entire section amended, p. 1440, § 4, effective April 20.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 1 - GENERAL PROVISIONS (§§ 33-3-101 — 33-3-111) › Section 33-3-110 - Payment of claim

A certified copy of the judgment of the district or county court shall be forwarded to the division, and, in the event the judgment includes an award to the claimant, the controller is authorized to draw a warrant for the payment of the same upon a voucher approved by the division, and the state treasurer shall pay the same out of the wildlife cash fund.
L. 69: R&RE, p. 411, § 1. C.R.S. 1963: § 62-3-9. L. 77: Entire section amended, p. 1526, § 13, effective 1/1/1978. L. 91: Entire section amended, p. 1441, § 5, effective April 20.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 1 - GENERAL PROVISIONS (§§ 33-3-101 — 33-3-111) › Section 33-3-111 - Annual report to the general assembly

(1)
Notwithstanding section
24-1-136(11)(a)(I)
, commencing with the second regular session of the sixty-seventh general assembly, the division shall report at least annually, by January 31 of each year, to the senate agriculture and natural resources committee and the house of representatives agriculture, livestock, and natural resources committee, or their successor committees, on game damage and game damage prevention issues. Such report shall include, at a minimum:
(a)
(I)
The herd management objectives set by the division and whether those objectives are being met. In providing this information, the division shall supply the actual number of herd animals by game unit.
(II)
If any of the herd management objectives of the division are not being met, the division shall set forth in detail its plans, strategies, and efforts that it is using or intends to use in order to achieve compliance with the objectives.
(b)
The number of requests for game damage prevention materials, the timeliness of the division in responding to such requests, the quantity and types of temporary and permanent materials issued, the number of requests for materials denied, and, to the extent that such information is available, the adequacy of materials in preventing game damage;
(c)
The number of permits to take wildlife requested pursuant to section
33-3-106
, the number of permits issued, the amount of wildlife killed under such permits, the number of permits denied, and the reasons for denial;
(d)
The number of claims for damages submitted under this section, how many of those claims were settled and the monetary amounts of the settlements, the number of claims pending at the time of the report, the number of claims denied, and the reasons for denial;
(e)
Any other costs incurred by the division in administering this article.
Amended by 2017 Ch. 254,§5, eff. 8/9/2017.
L. 2009: Entire section added, (SB 09-024), ch. 323, p. 1727, §5, effective June 1. L. 2017: IP(1) amended, (HB 17-1257), ch. 254, p. 1064, § 5, effective August 9.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 2 - FORAGE LOSSES (§§ 33-3-201 — 33-3-204) › Section 33-3-201 - Scope of part - definitions

(1)
This part 2 shall govern claims for damage arising from the foraging of wild ruminants on privately owned or leased private land and for which damage the state is liable under section
33-3-104(1)(d)
. Except where inconsistent with a specific provision of this part 2, the provisions of part 1 of this article shall also apply to such claims.
(2)
For purposes of this part 2, "wild ruminants" includes elk and other ruminants within the definition of big game as set forth in section
33-1-102(2)
.
L. 93: Entire part added, p. 1720, § 3, effective June 6.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 2 - FORAGE LOSSES (§§ 33-3-201 — 33-3-204) › Section 33-3-202 - Head counts

The claimant's head count of wild ruminants shall be made upon no less than twenty-four hours' notice to the division, which may arrange to have its personnel present when the count is made. The time of day at which the count is made shall be at the claimant's discretion. If the division chooses not to have personnel present, the claimant's head count shall be conclusive. Subsequent head counts may be made at intervals of ten days.
L. 93: Entire part added, p. 1721, § 3, effective June 6.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 3 - DAMAGE BY WILDLIFE (§§ 33-3-101 — 33-3-204) › Part 2 - FORAGE LOSSES (§§ 33-3-201 — 33-3-204) › Section 33-3-204 - Waiver of arbitration - action for damages

If a claimant waives the right to arbitration pursuant to the provisions of section
33-3-203
, the commission shall review the claim as provided in section
33-3-107
. Such claimant may commence an action for damages and, in connection therewith, shall be entitled to a trial de novo in any court of the county in which the damage or any portion thereof is alleged to have occurred. The division may be represented by a full-time employee in small claims court. Such action shall be filed within sixty days after the claimant receives notice of denial by the commission, which notice shall set forth the reasons for denial, or within sixty days after the claimant receives an offer of settlement from the commission. If the action is not filed within said sixty-day period, such action shall be forever barred.
L. 93: Entire part added, p. 1722, § 3, effective June 6.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 4 - LICENSES, CERTIFICATES, AND FEES (§§ 33-4-101 — 33-4-121) › Section 33-4-102.5 - Issuance of migratory waterfowl stamp - prohibition against hunting without stamp

(1)
As used in this section, unless the context otherwise requires, "migratory waterfowl" means any wild goose or duck.
(2)
All persons sixteen years of age or older shall procure a state migratory waterfowl stamp before hunting or taking any migratory waterfowl within Colorado. Such stamp shall be in the possession of the person while hunting or taking any migratory waterfowl.
(3)
(a)
The stamp is valid through the last day of June following its issuance.
(b)
The division may grant up to twenty-five percent of the funds derived from the sale of state migratory waterfowl stamps to appropriate nonprofit organizations for implementation of the North American waterfowl management plan. The nonprofit organizations shall use the funds for the development of waterfowl propagation areas within the dominion of Canada or the United States that specifically provide waterfowl for the central flyway, pacific flyway, or both. A nonprofit organization granted money pursuant to this subsection (3)(b) shall not use the money for lobbying or any other political purpose.
(4)
The commission may enter into a contract with a nonprofit waterfowl conservation organization for the purpose of providing the form and design of the migratory waterfowl stamp. Such contract shall provide that such nonprofit waterfowl conservation organization shall select a form and design. At least one of the alternative pieces of artwork considered for final selection shall be the work of an artist who is a resident of Colorado. In addition, such contract shall designate the ownership of the publication rights for any art prints or other facsimiles of the migratory waterfowl stamp and the disposition of any proceeds. The division shall not be an eligible contractor, unless no contract can be negotiated with a nonprofit waterfowl conservation organization.
(5)
All money received pursuant to the issuance of the migratory waterfowl stamp shall be used for the sole benefit of migratory waterfowl habitat conservation and related capital improvements and is subject to an annual appropriation.
(6)
Repealed.
Amended by 2018 Ch. 207, § 7, eff. 8/8/2018.
L. 89: Entire section added, p. 1347, § 2, effective 2/1/1990. L. 93: (6) repealed, p. 507, § 1, effective April 26. L. 94: (4) amended, p. 1580, § 6, effective May 31. L. 98: (3) amended, p. 1339, § 58, effective June 1. L. 2018: (3) and (5) amended, (SB 18-143), ch. 207, p. 1334, § 7, effective August 8.
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.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 4 - LICENSES, CERTIFICATES, AND FEES (§§ 33-4-101 — 33-4-121) › Section 33-4-104.5 - Free licenses issued - first responders with a permanent occupational disability - definition

(1)
Any resident of the state who is a first responder with a permanent occupational disability may obtain from the division, free of charge, a lifetime resident combination small game hunting and fishing license.
(2)
For purposes of this section, "first responder with a permanent occupational disability" means an individual who is a resident, as defined in section
33-1-102(38)
, and:
(a)
Is a retired member of the fire and police pension association, as defined in section
31-31-102(6)
, who has established to the division that he or she has been found to have, as the result of an injury received while performing official duties or an occupational disease arising out of and in the course of performing official duties, a permanent occupational disability, as defined in section
31-31-801
(3.2), by the fire and police pension association; or
(b)
Served as a peace officer, as defined in section
16-2.5-101
, or as a firefighter, as defined in section
29-5-203(10)
, and has established to the division that he or she has, as the result of an injury received while performing official duties or an occupational disease arising out of and in the course of performing official duties, a permanent occupational disability as defined in section
31-31-801
(3.2).
Added by 2019 Ch. 222,§1, eff. 8/2/2019.
L. 2019: Entire section added, (HB 19-1080), ch. 2250, p. 2250, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 4 - LICENSES, CERTIFICATES, AND FEES (§§ 33-4-101 — 33-4-121) › Section 33-4-105 - [Repealed]

L. 69: R&RE, p. 437, § 1. C.R.S. 1963: § 62-11-5. L. 75: Entire section R&RE, p. 1321, § 2, effective 1/1/1976. L. 83: Entire section repealed, p. 1291, § 8, effective 1/1/1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 4 - LICENSES, CERTIFICATES, AND FEES (§§ 33-4-101 — 33-4-121) › Section 33-4-105.5 - [Repealed]

L. 75: Entire section added, p. 1322, § 1, effective April 18. L. 79: Entire section amended, p. 1218, § 12, effective June 21. L. 83: Entire section R&RE, p. 1294, § 1, effective 1/1/1984. L. 84: Entire section repealed, p. 925, 19, effective 1/1/1985.
This section was relocated to § 33-4-103 in 1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 4 - LICENSES, CERTIFICATES, AND FEES (§§ 33-4-101 — 33-4-121) › Section 33-4-106 - [Repealed]

L. 69: R&RE, p. 437, § 1. C.R.S. 1963: § 62-11-6. L. 71: p. 604, § 5. L. 72: pp. 333, 334, §§ 33, 34. L. 73: pp. 647, 654, §§ 8, 33. L. 75: (1) and (2) R&RE, pp. 1318, 1324, §§ 2, 1. L. 77: (1)(m), (1)(aa), (2)(a)(I), (2)(a)(II), (2)(a)(IV), and (2)(b)(I) amended, (1)(t) repealed, and (1)(cc) to (1)(ff) added, pp. 1526, 1537, 1542, §§ 15, 44, 1, 2. L. 78: (2)(b)(II) amended, p. 273, § 95. L. 79: (1)(e) and (1)(n) to (1)(p) repealed, p. 1612, § 9(2), effective June 7; (1)(e) repealed, p. 1223, § 29, effective June 21; (2)(a)(III) to (2)(a)(VII) amended and (2)(a)(VIII) to (2)(a)(XI) added, p.1226, § 5, effective 1/1/1980. L. 80: (2)(a)(I) amended, p. 686, § 1, effective 1/1/1981. L. 81: (2)(b)(I) amended, p. 1656, § 1, effective May 28. L. 82: (1)(gg) added, p. 518, § 2, effective March 11. L. 83: (1)(l) repealed, p. 1292, § 2, p. 1292, § 2, effective May 21; (2)(a)(I)(A) repealed, p. 2051, § 21, effective October 14; (1)(hh) added by revision, p. 1291, §§ 8, 9. L. 84: Entire section repealed, p. 925, § 19, effective 1/1/1985.
This section was relocated to § 33-4-102 in 1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 4 - LICENSES, CERTIFICATES, AND FEES (§§ 33-4-101 — 33-4-121) › Section 33-4-107 - [Repealed]

L. 69: R&RE, p. 438, § 1. C.R.S. 1963: § 62-11-7. L. 72: p. 334, § 35. L. 73: p. 647, § 9. L. 75: (3) amended, p. 1307, § 9, effective July 14. L. 77: (1) amended, p. 1527, § 16, effective 1/1/1978. L. 83: Entire section repealed, p. 1291, § 8, effective 1/1/1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 4 - LICENSES, CERTIFICATES, AND FEES (§§ 33-4-101 — 33-4-121) › Section 33-4-108 - [Repealed]

L. 69: R&RE, p. 439, § 1. C.R.S. 1963: § 62-11-8. L. 72: p. 334, § 36. L. 77: Entire section amended, p. 1527, § 17, effective 1/1/1978. L. 83: Entire section repealed, p. 1291, § 8, effective 1/1/1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 4 - LICENSES, CERTIFICATES, AND FEES (§§ 33-4-101 — 33-4-121) › Section 33-4-109 - [Repealed]

L. 69: R&RE, p. 439, § 1. C.R.S. 1963: § 62-11-9. L. 73: p. 648, § 10. L. 83: Entire section repealed, p. 1291, § 8, effective 1/1/1984.
2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › WILDLIFE (§§ 33-1-101 — 33-8-101) › Article 4 - LICENSES, CERTIFICATES, AND FEES (§§ 33-4-101 — 33-4-121) › Section 33-4-110 - [Repealed]

L. 69: R&RE, p. 439, § 1. C.R.S. 1963: § 62-11-10. L. 72: p. 335, § 37. L. 83: Entire section repealed, p. 1291, § 8, effective 1/1/1984.