Current through Register Vol. 47, No. 17, September 10, 2024
A. No
person shall, at any time, have in possession or under control any wildlife
caught, taken or killed outside of this state which were caught, taken or
killed at a time, in a manner, or for a purpose, or in any other respect which
is prohibited by the laws of the state, territory or country in which the same
were caught, taken or killed; or which were shipped out of said state,
territory or country in violation of the laws thereof.
B. The following terrestrial wildlife species
or viable gametes (eggs and sperm) are hereby determined to be detrimental to
existing wildlife and their habitat in Colorado, and except as authorized in
writing by the Division after consideration of the criteria in Commission
Regulation #1102(A)(4), their possession is prohibited. Persons who have proof
of possession of those species listed in subsections 1 through 8 of this
section prior to September 1, 1990, may possess the following species for the
life of the animal(s). These live animals may not be transported, imported,
sold, bartered or traded within Colorado. They may be transported out of state
according to state and federal regulations. All animals held under the
grandfather clause must be tagged, recorded, and reported as per Commission
Regulations #1106, #1109, and #1110.
1. All
species and hybrids of wild species in the subfamily Caprinae not native to
North America. (Exotic sheep and goats including but not limited to: mouflon,
barbary sheep, tahr, chamois.)
2.
The following genera in the subfamily Hippotraginae. Oryx spp, Addax
spp.
3. The following genera in the
subfamily Alcelaphinae. Wildebeest (Connochaetes), Hartebeest (Alcelaphus),
Damaliscus spp, Blesbok spp.
4. All
wild species and hybrids of wild species in the family Suidae (European boar,
Eurasian boar, Russian boar, feral hog) and the family Tayassuidae (Javelina
and peccary).
5. All species and
hybrids of wild species in the family Cervidae not designated as alternative
livestock by §
35-41.5-102 C.R.S. or as domestic
or unregulated wildlife by Chapter W-11 of these regulations. Only commercial
parks licensed for, and in possession of, authorized species on or prior to
March 2, 2014 will be allowed to continue possession of those species,
including acquisition of new individual animals of those species.
6. Raccoon.
7. Nonnative species of the subfamily
Tetraoninae, including but not limited to red grouse, black grouse and
capercaillae.
8. Striped
skunks.
9. Hedgehogs- Erinaceus
spp., (except Erinaceus albiventris or Atelerix albiventris); Hemiechinus spp.,
and Paraechinus spp.
10.
Brush-tailed opposums- Trichosurus vulpecula, Trichosurus arnhemensis, and
Trichosurus caninus.
11. Monk
parakeet.
12. Tree or sun squirrels
(Heliosciurus spp.).
13. Rope
squirrels (Funisciurus spp.).
14.
Dormices (Graphiurus spp.)
15.
Gambian giant pouched rats (Cricetomys spp.)
16. Brush-tailed porcupines (Atherurus
spp.)
17. Striped mice (Hybomys
spp.)
18. Prairie dogs (Cynomys
spp.) provided however that native prairie dogs may continue to be possessed
pursuant to licenses or permits granted by the Division for scientific
collection, relocation or rehabilitation purposes.
19. All species and hybrids of non-human
primates, except as authorized by §
35-80-108 C.R.S.
C. If any diseased wildlife, which
would have a significant detrimental effect on Colorado's wildlife resource as
determined by the Director, are found such wildlife may be destroyed or held in
quarantine at the owner's expense until disposition is determined. Possession,
transfer or any other act relative to such wildlife contrary to the Director's
determination of disposition is prohibited.
1.
Any occurrence of CWD in a commercial wildlife park, including the detection of
CWD in either a wild or private animal within the exterior boundaries of the
park or facility requires the immediate quarantine of the facility. The
quarantine shall remain in place and no restocking of cervids including, but
not limited to, stocking for the purposes of the operation of a terminal
facility, shall occur without written agreement of the Division and the Dept.
of Agriculture. In addition to required testing of all mortalities, the herd
shall be closely monitored and all clinically suspect animals shall also be
destroyed and tested. Any deer or elk brought onto a facility in violation of
quarantine or re-stocking plan must be immediately destroyed and tested for
CWD. In all such cases, there shall be no obligation for the state to
compensate the owner of the animals.
a.
De-population upon a positive diagnosis of CWD shall be required if the
Division and the Dept. of Agriculture agree that the herd presents a
substantial risk, taking into consideration the size and location of the
facility, the presumed length of exposure, the effectiveness of the fence,
prevalence in surrounding free-ranging cervid populations, and other relevant
factors.
b. If the Division and
Dept. of Agriculture agree that the herd does not present a substantial risk,
then a herd plan shall be developed and approved by the Division and the Dept.
of Agriculture to replace a quarantine.
2. The Director shall determine when
destruction of wildlife, a quarantine or disinfection is required at any
federal, state, private or commercial fish or wildlife production facility. If
the Director determines that either destruction, quarantine or disinfection is
required, he shall issue a written order to the owner or operator of the
facility setting forth the steps for destruction and/or disinfection. Required
disinfection of holding facilities will be completed at the owner's expense. If
the owner disagrees with the Division's determination he shall have the right
to appeal the decision to the Wildlife Commission provided notice of such
appeal is given to the Director within twenty four (24) hours of receipt of the
order.
D. Any species on
the prohibited list in #008(B) that escapes the owners or guardians control
will be deemed to be detrimental to native wildlife and can be removed from the
wild by the Division as per Commission Regulation #1113(A).
E. All big game hunting parks as defined in
Commission Regulation #1104(A)(1), shall develop and submit a plan to
accomplish bovine tuberculosis testing and/or slaughter surveillance for
captive wild ungulates beginning January 1, 1993. Plans must be submitted to
the Division for approval by January 1, 1993, and must be approved by the
Director and State Veterinarian prior to implementation.
