(1) It is unlawful for any person to remove, damage, deface, or destroy any real or personal property or wildlife habitat under the control of the division. Amended by Laws 1985, H.B.1116, 11, eff. (1)(a) Except as provided in section 33-6-116(1), it is unlawful for a person who shoots at, wounds, or may have wounded game wildlife to fail to make a reasonable attempt to locate the game wildlife suspected of injury and take it into the person's possession. 12101 et seq. March 1, 2022. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of five license suspension points. March 1, 2022. General Provisions. 20-1087), 6, eff. The hearing examiner may administer oaths and affirmations, issue subpoenas for the attendance of witnesses and the production of books and papers, and apply to the district court for enforcement thereof. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of five hundred dollars and an assessment of twenty license suspension points. 19-1026), 3, eff. The division shall enter the suspension in accordance with article III of the Wildlife Violator Compact, part 26 of article 60 of title 24, and shall remove the entry upon satisfactory evidence of the person's compliance with an official notice of an alleged violation. Certificates issued by organizations solely for registration and recognition of animals legally taken are not prohibited. March 1, 2022. (3)(a) Service of a copy of a summons and complaint or penalty assessment notice issued pursuant to subsection (2) of this section must be provided at least ten days before the date set for a hearing on the matter by: (I) Providing personal service of the copy directly to the alleged offender; (II) Leaving the copy at the alleged offender's last-known place of residence with an individual who is eighteen years of age or older and who resides at the residence; or. Service by certified mail is complete upon return of the receipt signed by the alleged offender. Fencing and other exclusion methods are likely the best option for solving nuisance wildlife problems. Such hearing shall be conducted by a hearing examiner on behalf of the commission. Todd Grose. Amended by Laws 1994, S.B.94-137, 16, eff. West's Colorado Revised Statutes Annotated. This site is not a law firm and cannot offer legal advice. 33-6-119. (b) A person who violates this subsection (1), with respect to: (I) Big game, eagles, and endangered species, commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S., and, in addition, shall be punished by a fine of not less than one thousand dollars nor more than twenty thousand dollars. (II) Is valid for no more than one year after issuance. (6) It is unlawful for any person to transport, import, export, or release any live native or nonnative fish or viable gametes (eggs or sperm) in violation of any quarantine order or disposition plan issued in accordance with any provisions of articles 1 to 6 of this title or any rule or regulation of the commission. Jan. 1, 1985. A person who violates this subsection (6) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points. In addition to state laws and regulations, some cities have local laws that prohibit feeding Colorado wildlife. 318, 294, eff. 33-6-115.5. For more information on Colorado's wildlife, contact the Denver CPW Headquarters at (303) 297-1192 or visit our website at www.cpw.state.co.us. Disposition of fines and surcharges, 33-6-106 . 33-6-125. Oct. 1, 2019; Laws 2021, Ch. July 1, 2019; Laws 2020, Ch. In general, feeding any wildlife is illegal under animal harassment laws. July 1, 2008; Laws 2019, Ch. 462 (S.B. 79 Elm Street. To qualify, a veteran must be discharged under honorable conditions or be a discharged LGBT veteran, as defined in section 28-5-100.3. Colorado Parks and Wildlife makes available on-line rules and laws that apply to nuisance wild animals. Added by Laws 2008, Ch. (c) Two thousand dollars for a third or subsequent offense. (9) Repealed by Laws 2012, Ch. Find resources and information to help you deal with nuisance wildlife on your property. For further information on wildlife in the area please visit the Virginia . Any person who violates this subsection (6) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of five hundred dollars. Amended by Laws 1994, S.B.94-137, 7, eff. Prosecution of offenses . Amended by Laws 1994, S.B.94-137, 21, eff. 462 (S.B. (2) It is unlawful for a person to use division property in violation of any commission rule. 34/08 : Proposed 68A-9.010 The purpose of this proposed new rule is, in conjunction with a rule repeal and rule amendments being proposed at the same time, to consolidate, clarify and simplify regulations relating to nuisance wildlife. (b) For the purposes of this section, careless means failing to exercise the degree of reasonable care that would be exercised by a person of ordinary prudence under all the existing circumstances. (1)(a) Except as otherwise provided in articles 1 to 6 of this title or by rule of the commission, it is unlawful for any person to knowingly sell or purchase, or knowingly offer for sale or purchase, wildlife or to solicit another person in the illegal hunting or taking of wildlife for the purposes of monetary or commercial gain or profit. Persons under sixteen years of age are not required to have a fishing license and are entitled to the full bag or possession limit set by the commission. CreditsAdded by Laws 2003, Ch. (4) No fine, penalty, or judgment assessed or rendered under the provisions of articles 1 to 6 of this title shall be suspended, reduced, or remitted otherwise than as expressly provided by law. %PDF-1.4 (b) A license procured in violation of this subsection (1) is void. Nuisance Wildlife Removal . This will take you to a login screen. (3) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof: (a) For a first offense, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars and an assessment of twenty license points; (b) For any subsequent offenses, shall be punished by a fine of not less than ten thousand dollars nor more than one hundred thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Eggs incubate between 13-17 days and fledge after 18-24 days. Areas of service Salt Lake County and surrounding areas. Hunting, trapping, or fishing on private property--posting public lands. Animal Management Hours. Hunting, trapping, and fishing--intentional interference with lawful activities. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. (c) If the hunter is unaware of the location of wildlife after shooting at it, failing to go immediately to the location of such wildlife when the shot was fired is not a reasonable attempt to locate game. (III) Complies with any requirements established by rule of the commission. Imposition of penalty--procedures, 33-6-105 . Sift dirt onto the bottom of the cage to cover the wire bottom. April 17, 1996. (5) Nothing in this section shall preclude the division of wildlife from establishing a special licensing program for mobility-impaired hunters pursuant to section 33-4-119 and rules adopted pursuant to section 33-4-119 or from granting reasonable accommodations for persons with disabilities in accordance with the federal Americans with Disabilities Act of 1990, 42 U.S.C. May 31, 1994. Emergency and construction lighting is exempt. May 31, 1995; Laws 2003, Ch. CreditsAdded by Laws 2003, Ch. (2)(a) This section shall not apply to acts related to agriculture, as defined in section 35-1-102(1), C.R.S. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. The provisions of this 147.723 amended December 19, 2008, effective December 20, 2008, 38 Pa.B. (d) Unless the certificate of hunter education has been verified by the division, any person required to obtain a certificate of hunter education shall have the certificate on his or her person while hunting, trapping, or taking wildlife. 33-6-110. May 22, 2003; Laws 2005, Ch. (1)(a) Unless otherwise permitted by commission rule, it is unlawful for a person to hunt, take, or harass wildlife from or with a motor vehicle. July 1, 2003; Laws 2008, Ch. Hunting, trapping, and fishing--intentional interference with lawful activities, 33-6-116 . Amended by Laws 2021, Ch. (1) Every motor vehicle, vessel, firearm, seine, net, trap, explosive, poisonous or stupefying substance, or other personal property used in the hunting, taking, or harassing of wildlife in violation of the provisions of articles 1 to 6 of this title is declared to be a public nuisance. Division action to recover possession and value of wildlife unlawfully taken. The state allows you to kill nuisance wildlife." What you need to know about Denver in 5 min. 159, 1, eff. Canada geese, for example, have historically used Missouri for summer breeding grounds, but they have become nuisances where they have year . Wildlife species have different times of activity, so you can be selective what time of day you trap. (II) If the peace officer is employed by another state agency, one-half to a fund administered by the state agency whose officer issued the citation, as designated by the state agency. Jan. 1, 1985. (h) For any wildlife not covered by paragraphs (a) to (g) of this subsection (3), a fine of fifty dollars and an assessment of five points for the first such animal and, for each additional such animal taken or possessed at the same time, an additional fine of twenty-five dollars per animal and an additional assessment of five points per animal. (3) When protection of the public health, safety, or welfare requires, any officer having the power to enforce the provisions of articles 1 to 6 of this title shall have the authority to make use of any motor vehicle or other means of transportation, whether privately or publicly owned, to aid him in the performance of his duties. Possession as prima facie evidence, 33-6-109 . Each such officer shall have the authority to secure and execute search or arrest warrants. Persons who encounter check stations, whether in possession of wildlife or not, shall stop and produce licenses issued by the division, firearms, and wildlife for inspection by division personnel. Neither the pendency of such civil action nor a criminal prosecution for the same taking shall be a bar to the other; nor shall anything in this section affect the right of seizure under other provisions of articles 1 to 6 of this title. (3.5) Except as provided in subsection (9) of this section, it is unlawful for any person under sixteen years of age to hunt wildlife with a youth license issued pursuant to section 33-4-102(1.4)(x) unless such person is at all times personally accompanied by, and in voice and reasonable visual contact with, a person eighteen years of age or older who holds a valid hunter education certificate or who was born before January 1, 1949. (6) Any person whose license privileges have been suspended shall not be entitled to purchase, apply for, or exercise the benefits conferred by any license issued by the division until such person's suspension has expired. Suspension of license privileges, 33-6-107 . The proceeds of the sale shall be applied as follows: (a) To the fees and costs of removal and sale; (b) To the payment of the state's costs on such action; and. Upon such conviction, the commission may suspend any or all wildlife license privileges of the person for a minimum of one year to life. June 1, 1996; Laws 2002, Ch. (2) The purpose and intent of this section is to protect the wildlife of this state from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns, internal organs, or feathers, from being taken and abandoned, or any or all of the foregoing, and the provisions of this section shall be so construed. Services and species Trapping to remove nuisance wildlife including skunks, raccoons, foxes, rats and other non-protected species. Amended by Laws 1989, S.B.177, 2, 3, eff. (4) It is unlawful for any person to have in his possession in Colorado any nonnative or exotic wildlife except in accordance with the rules and regulations of . May 30, 2002; Laws 2003, Ch. Willful destruction of wildlife--legislative intent, 33-6-118 . To find out about safe and legal ways to deal with these problem animals, or to locate individuals or companies who are licensed by the Wildlife & Heritage Service to handle wildlife complaints, use the search by county below. 305, 6, eff. 19-1026), 9, eff. 144, 2, 9 eff. July 1, 2019; Laws 2021, Ch. Any person who violates this subsection (3.5) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of fifty dollars and is assessed five license suspension points. Nuisance Wildlife Laws in Colorado . CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. Invasive plants, such as spotted knapweed, can also outcompete crops and livestock forage, reducing economic productivity. Jan. 1, 1985. Cover all sides of the trap with a tarp or other material. A couple of caveats. \*_g;e.3(w%*>J8I8h;IbjhE$Ql*1ar'R*6 lLuAF).Ba2Q3[u2Xt$(fs8\ Any person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of ten license suspension points. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. 19-1172), 220, eff. Wildlife Species. 423 (H.B. (2) It is unlawful for any person to import any live wildlife into this state unless an importation license is obtained prior to importation, a current and valid health certificate accompanies each shipment, and such importation is in accordance with the rules and regulations of the commission. (a) New agents are required to obtain a minimum score of 80% on a supervised written examination approved by the Director. (3) A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. (f) For each raptor not covered by paragraph (a) or (b) of this subsection (3) and for each wild turkey, a fine of two hundred dollars and an assessment of ten points. 19-1026), 11, eff. (7) The commission may delegate the exercise of its exclusive authority to suspend wildlife license privileges to any hearing examiner appointed by the division. (1) Every Colorado wildlife officer or other commissioned officer of the division shall enforce the provisions of articles 1 to 6 of this title. 801-419-4939. utahcritterwranglers@gmail.com. 423 (H.B. Requires all outdoor light fixtures to be fully or partially shielded except incandescent fixtures of 150 watts or less and other sources of 70 watts or less. But such work shouldn't be considered a panacea. Killing of big game animals in contest prohibited, 33-6-119 . Laws and Regulations. One website that provides humane solutions to wildlife problems is Urban Wildlife Rescue. 305, 49, eff. 33-6-127. 21-271), 559, eff. 144, 4, eff. (1) Unless permitted by the division, it is unlawful for any person to willfully damage or destroy any wildlife den or nest or their eggs or to harass any wildlife. July 1, 2008; Laws 2013, Ch. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. July 1, 2019; Laws 2021, Ch. (1) It is unlawful for any person to possess, transport, import, or export any live native or nonnative fish or viable gametes (eggs or sperm) except in accordance with the rules and regulations of the commission. In addition to imposing such punishments, the commission may suspend any wildlife privileges of the person for a minimum of one year to a maximum of a lifetime suspension. The laws and regulations in this handout are paraphrased for easier understanding and are intended only as a guide. (1.3)(a) The commission or a hearing officer that the commission delegates to hear a matter may suspend a person's license in accordance with subsection (1) of this section if the person fails to comply with the terms of a summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged violation of articles 1 to 6 of this title 33 issued by a Colorado wildlife officer, parks officer, or other peace officer. Jan. 1, 1985. 5 0 obj July 1, 2012. Upon a second or subsequent violation of this section, the person is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed: (a) Two hundred dollars for a first offense; (b) One thousand dollars for a second offense; or. May 22, 1994; Laws 1994, S.B.94-137, 11, eff. 49 (H.B. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. The . 20-1087), 4, eff. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. March 1, 2022. Partner Waters Lead / Project Manager at Colorado Parks and Wildlife Parker, Colorado, United States. Nuisance Wildlife Laws in Colorado Following are summaries of Colorado's most common regulations and statutes pertaining to nuisance wildlife questions. It is unlawful for any person, except a person authorized by law or by the division, to possess or have under the person's control any firearm, other than a pistol or revolver, in or on any motor vehicle unless the chamber of the firearm is unloaded. 115, 2, eff. (c) Repealed by Laws 2003, Ch. 33-6-115. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. (1) It is unlawful for any person to engage in computer-assisted remote hunting in Colorado. The laws and regulations in this handout are paraphrased for easier understanding and are intended only as a guide. Amended by Laws 2005, Ch. If you believe that you are experiencing a nuisance, the first and most practical step to take would be to address the issue with the appropriate party. Every such item shall be subject to seizure, confiscation, and forfeiture or destruction as provided in this section, unless the possession of said property is not unlawful and the owner of said property was not a party to the violation and would suffer undue hardship by the sale, confiscation, or destruction of the property. Damage or destruction of dens or nests--harassment of wildlife, 33-6-129 . Repealed and reenacted by Laws 1984, S.B.78, 1, eff. Jan. 1, 1985. By administering the NWCO program, DEEP is implementing a mechanism to address the growing number of nuisance wildlife complaints. 462 (S.B. Nov. 11, 2021; Laws 2021, Ch. Colorado is the only state entirely above 3300 feet of elevation. Stat. Due to these habitat changes, some wildlife has become displaced while other wildlife quickly adapts and thrives in human-dominated niches. (3) It is unlawful for two or more people on the ground, in a motor vehicle, or in a vessel to use electronic devices to communicate information in the furtherance of a violation of articles 1 to 6 of this title or of a commission rule. (3) Any person who fails to void the person's license or carcass tag as required by commission rule is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points. 227, 4, eff. 305, 4, eff. (1) No person shall willfully prevent or interfere with the lawful participation of any individual in the activity of hunting, trapping, or fishing in accordance with this article. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. 19-1026), 15, eff. (10)(a) The division may issue an apprentice certificate of hunter education to a person who: (II) Is being taught to hunt by a mentor who is eighteen years of age or older and who holds a valid hunter education certificate or who was born before January 1, 1949; and. Aug. 8, 2012; Laws 2020, Ch. July 1, 2019; Laws 2021, Ch. (7) It is unlawful to alter, transfer, sell, loan, or assign a lawfully acquired license to another person, or to use another person's lawfully acquired license. In addition, the proper handling of wild animals requires an understanding of local and state laws and regulations, and the ability to safely . Address: 4255 Sinton Road, Colorado Springs, CO 80907. 423 (H.B. . (2) It is unlawful for any person to establish or operate computer-assisted remote hunting facilities in Colorado. Nuisance wildlife management is the selective removal of problem individuals or populations of specific species of wildlife. 462 (S.B. It features the highest peak in the Rocky Mountains of North America. 19-1026), 10, eff. (b) In order to increase hunter recruitment and retention, the commission may promulgate a rule establishing alternative requirements to obtain a certificate of hunter education. To receive technical guidance and information in regards to nuisance animal management and control, you may contact the following agencies: USDA Wildlife Services (MS) - (662) 325-3014. In addition, such person shall be assessed ten suspension points per incident for possessing an animal on the prohibited species list and five suspension points per incident for possessing any other nonnative or exotic wildlife species. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. May 1, 1985; Laws 1990, H.B.90-1063, 5, eff. June 7, 1991; Laws 2003, Ch. Items constituting public nuisance--when--seizure 33-6-103 . Computer-assisted remote hunting prohibited. Critter Control to Certify Wildlife Control Specialists. Theft of wildlife--tampering with trap. . 295, 9, eff. (1) Unless otherwise permitted by commission rule, it is unlawful for any person to place food or edible waste in the open with the intent of luring a wild bear to such food or edible waste. Division action to recover possession and value of wildlife unlawfully taken, 33-6-111 . July 1, 2019. Landowners May Remove Wildlife or Designate an Individual to Assist. 407, 1, eff. Arizona. Spread the word that in Colorado it's illegal to possess, transport or release feral swine, wild swine species or hybrids. Computer-assisted remote hunting prohibited, 33-6-133 to 33-6-142 . Aug. 6, 2003; Laws 2003, Ch. (2) The division is authorized to establish check stations, as needed, at locations within the state to aid in the management of wildlife and the enforcement of articles 1 to 6 of this title and the rules or regulations of the commission. it is best to call Colorado Parks and Wildlife rather than taking action on your own. 33-6-105. Taking Nuisance Wildlife: 5263722: 2/22/2008 Vol. For the purposes of this subsection (1), the possession of any firearm with cartridges in the chamber or magazine or loaded with powder and ball or a strung bow, unless the bow is cased, while attempting to project any artificial light into areas where wildlife may be found is prima facie evidence of a violation of this section. Legislation and Administration. General Provisions. (5) Nothing in this section shall limit the actions of law enforcement officers and personnel of the division of parks and wildlife in the performance of their official duties nor apply to landowners, tenants, or leaseholders exercising their legal rights to the enjoyment of land, including, but not limited to, farming, ranching, and restricting trespass, nor will anything in this section be construed to prohibit any incidental interference arising from the lawful use of land or water. Transportation, importation, exportation, and release of wildlife. Jan. 1, 1985. "Nuisance" animals are native to the local landscape but can still cause problems. ?"G@p8l*Ag`04l 423 (H.B. (4) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars for violations involving native wildlife and by a fine of not less than two hundred fifty dollars nor more than one thousand dollars for violations involving nonnative or exotic wildlife. Any person who violates this subsection (5) commits a petty offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars and is assessed ten license suspension points. Any person having wildlife taken from him unlawfully as prohibited in this subsection (1) shall be entitled to compensation as ordered by the court. 259, 1, eff. (8)(a) Unless otherwise permitted by commission rule, it is unlawful for any person born on or after January 1, 1949, to purchase or obtain any hunting license, hunt, or trap unless the person has been issued a hunter education certificate by the division, attesting to the person's successful completion of a division-certified hunter education course taught by a division-certified instructor or equivalent education and training recognized by the division under paragraph (b), (c), or (e) of this subsection (8) or subsection (10) of this section. Hunting with artificial light, night vision, or thermal imaging devices. (1) It is unlawful for any person to enter upon privately owned land or lands under the control of the state board of land commissioners to hunt or take any wildlife by hunting, trapping, or fishing without first obtaining permission from the owner or person in possession of such land. (8) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title. 21-271), 551, eff. 136 (H.B. . Indiana has a 24-hour trap check law. July 1, 1990; Laws 1994, S.B.94-137, 12, eff. (C) Specify in dollars the amount of the penalty to be assessed for the alleged offense and the amount of the surcharges to be collected pursuant to sections 24-4.2-104 (1) and 24-33.5-415.6. Following are summaries of Colorado's most common regulations and statutes pertaining to nuisance wildlife questions. (1) It is unlawful for any person to transport or to export any wildlife or portion thereof within or from this state except in accordance with the rules or regulations of the commission. 21-271), 554, eff. 33-6-111. 49-1101 et seq. Colorado Parks and Wildlife is a nationally recognized leader in conservation, outdoor recreation and wildlife management. Such person is liable for all damages and costs associated with such unlawful release, including but not limited to, the costs of eradication or removal. 144, 10, eff. Possession of a loaded firearm in a motor vehicle. Licensing violations--penalties--rule. Colorado passed a law protecting people from criminal or civil liability if they break a window to remove an animal in distress from a hot car. Jan. 1, 2006. (b) Any person who violates subsection (2), (3), (5), or (6) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars. (b) While hunting, a person issued an apprentice certificate of hunter education shall be personally accompanied by, in voice contact with, and in visual contact with a mentor who is eighteen years of age or older and who holds a valid hunter education certificate or who was born before January 1, 1949. Pursuit of wounded game--waste of edible game wildlife--use of wildlife as bait, 33-6-120 . 106, 1, eff. (2) It is unlawful for any person airborne in any aircraft to spot or locate any wildlife and communicate its location to a person on the ground as an aid to hunting or pursuing wildlife; and it is unlawful for such airborne person or person on the ground receiving such communication to pursue, hunt, or take game on the same day or the day following such flight. Concerning the financing of the division of parks and wildlife's aquatic nuisance species program, and, in connection therewith, creating an aquatic nuisance species stamp for the operation of motorboats and sailboats in waters of the state, increasing penalties related to the introduction of aquatic nuisance species . Jan. 1, 1985, 33-6-101. If the fine and surcharges are not paid, then the officer who issued the penalty assessment notice shall docket the summons and complaint with a court of competent jurisdiction for appearance by the person to answer the charges contained in the summons and complaint at the time and place specified in the summons and complaint. As urbanization continues throughout Indiana and the nation, wildlife habitat is radically and rapidly changing. (2) It is unlawful for any person to post, sign, or indicate that any public lands within this state, not held under an exclusive control lease, are privately owned lands. Paraphrased for easier understanding and are intended only as a guide 11, eff, 2012 ; Laws,... Lead / Project Manager at Colorado Parks and wildlife makes available on-line rules and Laws that apply to nuisance including. Vision, or fishing on private property -- posting public lands, 2008, 38 Pa.B DEEP implementing. 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