144, 12, eff. x 8To?lH*J6sflEe-6RY[ Amended by Laws 1989, H.B.1187, 6, eff. Jan. 1, 1985. (3) It is unlawful for any person to possess live native or nonnative fish or viable gametes (eggs or sperm) which are of a species designated by rule and regulation of the commission as detrimental to existing fish populations or habitats. It is unlawful for any person to possess any wildlife or considerable portion thereof in violation of such rules or regulations. A person who violates this paragraph (b) 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. Instead of being deposited in the wildlife cash fund, such balance or any portion thereof may be transmitted, upon order of the court, as follows: (I) To the seizing agency, if the court finds that the proceeds can be used by such agency; (II) To any person who suffers bodily injury or property damage as a result of the action which constitutes the violation, if said person petitions the court therefor. 462 (S.B. May 22, 1994; Laws 1994, S.B.94-137, 11, eff. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. July 1, 2019. July 1, 1990; Laws 1990, S.B.90-137, 4, eff. The laws and regulations in this handout are paraphrased for easier understanding and are intended only as a guide. May 31, 1994; Laws 2011, Ch. 144, 4, eff. 89, 2, eff. Stat. (b) When an arrest has been made or the citation for any wildlife offense has been issued by any other Colorado peace officer, as defined in this title 33, the state treasurer shall credit one-half of the money collected to the wildlife cash fund or, for offenses involving nongame wildlife, to the Colorado nongame conservation and wildlife restoration cash fund, and: (I) If the peace officer is employed by a local jurisdiction, one-half to the treasurer of the Colorado town, city, county, or city and county in which the violation occurred, to be credited to the appropriate fund; or. (II) Refusal or inability to remit the specified fine and surcharges by mail when required constitutes a refusal to accept a penalty assessment notice. (c)(I) An officer may take any person who accepts a penalty assessment notice but who does not furnish satisfactory evidence of identity or who the officer has reasonable and probable grounds to believe will disregard a written promise to pay the specified fine and surcharges to the nearest known post office facility to require that the person remit the amount of the specified fine and surcharges to the division immediately by mail in United States currency or other legal tender or by money order or by personal check. (1)(a) Except as otherwise provided in subsection (1)(b) of this section, all money collected for fines under articles 1 to 6 of this title 33, either by payment of a penalty assessment or assessed by a court upon conviction and resulting from issuance of a citation by an officer of the division of parks and wildlife, shall be transmitted to the state treasurer, who shall credit the money to the wildlife cash fund or, for offenses involving nongame wildlife, to the Colorado nongame conservation and wildlife restoration cash fund. (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. Aquatic Nuisance Species at Colorado Parks and Wildlife Any person having wildlife taken from him unlawfully as prohibited in this subsection (1) shall be entitled to compensation as ordered by the court. (b) A person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of two thousand dollars and an assessment of twenty license suspension points. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. (3) Any such property, the possession of which is illegal and which in the opinion of the court having jurisdiction over the criminal proceeding is not properly the subject of a sale, may be destroyed pursuant to a warrant for the destruction of personal property issued by the court and directed to the division. Hartford, CT 06106-5127. May 31, 1994; Laws 2003, Ch. Per KRS 150.170, landowners may deal with nuisance wildlife through scare tactics, repellents, fencing and exclusion, or removal via shooting or trapping. (5) In lieu of ordering the sale or destruction of such property, the court may, if it finds that it can be used by the agency which seized it, order it delivered to the agency for such use. Nuisance Animal Technical Guidance. 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. 423 (H.B. Service by certified mail is complete upon return of the receipt signed by the alleged offender. Nov. 11, 2021; Laws 2021, Ch. Aug. 5, 2008; Laws 2019, Ch. Damage to property or habitat under division control. 259, 1, eff. Jan. 1, 1985. (b) All licenses obtained with false information are void. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. West's Colorado Revised Statutes Annotated. 220, 1, eff. May 1, 1985; Laws 1990, H.B.90-1063, 5, eff. A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. 801-419-4939. utahcritterwranglers@gmail.com. 242, 69, eff. (3.4)(a) In addition to the criminal penalties listed in subsection (3) of this section, there may be assessed a further penalty in the following amount for each of the following big game animals illegally taken: (I) For each bull elk with at least six points on one antler beam, ten thousand dollars; (II) For each mule deer buck with an inside antler spread of at least twenty-two inches, ten thousand dollars; (III) For each whitetail deer buck with an inside antler spread of at least eighteen inches, ten thousand dollars; (IV) For each bull moose, ten thousand dollars; (V) For each bighorn sheep with a horn length of at least one-half curl, twenty-five thousand dollars; (VI) For each mountain goat, ten thousand dollars; (VII) For each pronghorn antelope with a horn length of at least fourteen inches, four thousand dollars. (1) Unless permitted by law or by the division, it is unlawful for any person to use toxicants, poisons, drugs, dynamite, explosives, or any stupefying substances for the purpose of hunting, taking, or harassing any wildlife. Hunting, trapping, or fishing on private property--posting public lands. There is a ban on hunting and trapping wolves and coyotes in the 39 townships immediately around Algonquin Park. (c) Two thousand dollars for a third or subsequent offense. 33-6-107. Amended by Laws 1994, S.B.94-137, 18, eff. "Denver does not have any law that restricts people from killing nuisance wildlife on their property. May 29, 2008; Laws 2021, Ch. it is best to call Colorado Parks and Wildlife rather than taking action on your own. 423 (H.B. May 31, 1994; Laws 2012, Ch. July 1, 2019. 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. (2) A person who violates this section commits a petty offense and is assessed twenty license suspension points. Aug. 6, 2003; Laws 2003, Ch. The agency manages 42 state parks, all of Colorado's wildlife, more than 300 state wildlife areas and a host of recreational programs. If the possession, use, importation, exportation, transportation, storage, sale, or offering or exposing for sale of wildlife is prohibited or restricted by articles 1 to 6 of this title or by rule or regulation of the commission, the prohibition or restriction, where not otherwise specifically provided, shall extend to and include every part of such wildlife, and a violation as to each animal or part thereof shall be a separate offense. Immediately preceding text appears at serial page (304165). Updated January 2015. Jan. 1, 1985. Upon such conviction, the commission may suspend any or all wildlife license privileges of the person for a minimum of one year to life. Amended by Laws 1985, H.B.1116, 11, eff. Suspension of license privileges. However, there may be times when conflicts arise. Amended by Laws 1994, S.B.94-137, 21, eff. Damage or destruction of dens or nests--harassment of wildlife, 33-6-129 . 49 (H.B. 423 (H.B. (III) Checks tendered by the violator to and accepted by the division and for which payment is received by the division are deemed sufficient receipt. We do not have Animal Management Officers available on Thanksgiving, Christmas or New Year's day. (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. Critter Control announced in September of 1999 that it had developed a reference manual and a certification test for Nuisance Wildlife Control Operators (NWCOs). Theft of wildlife--tampering with trap. 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. Damage or destruction of dens or nests--harassment of wildlife . 147.724. July 1, 2019. 20-1087), 4, eff. The pelts or hides of any mammals taken under this subsection (9) may be transferred, possessed, traded, bartered, or sold by a person who holds an appropriate small game license. (c) Repealed by Laws 2003, Ch. Proof of such mailing and attempted delivery shall be sufficient proof of the notice required by this subsection (3). % 305, 7, eff. 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. . Amended by Laws 1991, H.B.91-1270, 5, eff. (Colorado Statutes 33-10.5) AQUATIC WILDLIFE (Rest) LIST: Approved Aquatic Wildlife #012 Amphibians: Bullfrogs (unlimited take and possession under fishing laws) Aquatic Gilled forms of Tiger Salamanders (50 under 5" take and possession under fishing . The officer shall advise the person arrested of the license suspension points to be assessed in accordance with section 33-6-106. In addition, for violations involving either native wildlife or nonnative or exotic wildlife, five license suspension points per incident may be assessed by the division against an individual's license privileges. The Oklahoma Department of Wildlife Conservation (ODWC) is mandated to manage, protect, and perpetuate Oklahoma's wildlife. Read the law: onlineFish and Wildlife Service Laws print16 U.S.C. Jan. 1, 1985. A person who possesses all or a part of a bald eagle or golden eagle shall not be in violation of this section if the possession is authorized by 50 CFR 22. Wildlife--illegal possession, 33-6-110 . Jan. 1, 1985. Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine and an assessment of license suspension points as follows: (a) For each incident that is not related to the hunting or taking of a big game animal, the fine shall be equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed; (b) For the hunting or taking of big game, fifteen license suspension points and a fine that is equal to twice the cost of the most expensive license for such species shall be assessed. Indeed, restrictions on taking game were enacted in pre-Revolutionary times in all . May 22, 2003; Laws 2008, Ch. 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. 19-1026), 10, eff. (3) Any person who violates this section shall be given a warning. Dates and locations: Exam held at various times throughout the year at DEC wildlife offices. Jan. 1, 1985. (5) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title. (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. 6930. Repealed by Laws 1984, S.B.78, 1, eff. If you have not applied for a Fish and Wildlife Commission listing, registration or permit before click on . May 31, 1994; Laws 2002, Ch. (B) Reported the killing of the animal to the division. 21-271), 560, eff. July 1, 1987; Laws 1994, S.B.94-137, 14, eff. 136, 11, eff. For information on laws pertaining to controlling, . July 1, 2017. Aug. 6, 2003. Division action to recover possession and value of wildlife unlawfully taken, 33-6-111 . Contact the Colorado Division of Wildlife at 303-291-7227, or Lakewood Animal Control at 303-987-7173 for information about deterring nuisance wildlife. 33-6-133 to 33-6-142. (2)(a) This section shall not apply to acts related to agriculture, as defined in section 35-1-102(1), C.R.S. March 1, 2022. 33-6-128. July 1, 1985, 19; Laws 1994, S.B.94-137, 15, eff. Possession as prima facie evidence. 20-1087), 6, eff. Deceased wildlife observed in the street can be reported to the dead animal pickup line at 303-987- 7 960 . 49 (H.B. Fencing and other exclusion methods are likely the best option for solving nuisance wildlife problems. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. The following rules and regulations have been established by the City Parks & Recreation Department pursuant to Chapter 12.40 of the Loveland Municipal Code. (8) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title. In cases involving wildlife, officers of the Colorado Division of Wildlife will be notified. 295, 9, eff. A person who violates this subsection (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two thousand dollars and an assessment of fifteen license suspension points. State. July 1, 2003; Laws 2005, Ch. Hunting in a careless manner, 33-6-123 . Killing of big game animals in contest prohibited. Any control of nuisance wildlife causing damage requires a permit to trap outside of the . Contact a KDFWR Law Enforcement Officer or Wildlife Biologist in your area for assistance. There are two options for taking the NWCO exam: In person at a DEC office: Register for the exam: contact a regional DEC wildlife office. 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. For large animals such as wild pigs or dogs, use welded wire or "hog" wire with a 2" x 4" mesh size about 48"to 60" tall. Items constituting public nuisance--when--seizure, 33-6-104 . (4) Any person convicted of a violation of this section shall be liable for all damages incurred by the individual whose lawful activity was obstructed and for all court costs of prosecution. Mississippi State University, Extension Service - https://www.wildpiginfo.msstate . May 31, 1994; Laws 2020, Ch. (c) The balance, if any, or any portion thereof not otherwise distributed pursuant to this paragraph (c), to the wildlife cash fund. (2) It is unlawful for any person to have in his possession in Colorado any wildlife, as defined by the state or country of origin, that was acquired, taken, or transported from such state or country in violation of the laws or regulations thereof. May 31, 1994; Laws 2003, Ch. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. (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. The hearing examiner shall not be subject to the provisions of part 10 of article 30 of title 24, C.R.S. 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, 49, eff. Jan. 1, 1985. 318, 295, eff. (2) It is unlawful for any person to establish or operate computer-assisted remote hunting facilities in Colorado. Powers and duties of officers. (II) Deleted by Laws 2003, Ch. (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. It is unlawful for any person who is under the influence of alcohol or any controlled substance, as defined in section 18-18-102(5), C.R.S., or any other drug to a degree that renders such person incapable of safely operating a firearm or bow and arrow to hunt or take any wildlife in this state. Any person who violates this subsection (1) commits a class 2 misdemeanor. 33-6-114. Find resources and information to help you deal with nuisance wildlife on your property. Feeding the deer or elk may create an attractive nuisance, drawing mountain lions or bears to the area, creating a danger to pets, children, senior citizens, . 21-271), 557, eff. The laws and regulations in this handout are paraphrased for easier understanding and are intended only as a guide. Such hearing shall be conducted by a hearing examiner on behalf of the commission. 19-1026), 9, eff. (b) A license procured in violation of this subsection (1) is void. Background Information - Birds of Colorado . Computer-assisted remote hunting prohibited. (3) 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 and an assessment of twenty license suspension points. 33-6-112. 2023 Michigan State University College of Law. Aug. 10, 2022. (2)(a)(I) At the time that a person is charged with violating any misdemeanor or civil infraction provision of articles 1 to 6 of this title 33 or a rule of the commission, the officer shall issue a summons and complaint to the alleged offender or, in the case of a violation for which a fine of a fixed amount is prescribed, may give the alleged offender an opportunity to voluntarily pay the fine and surcharge in the form of a penalty assessment. 462 (S.B. (1) The division may bring and maintain a civil action against any person, in the name of the people of the state, to recover possession or value or both possession and value of any wildlife taken in violation of articles 1 to 6 of this title. 281, 81, eff. 42 (S.B. (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. 79 Elm Street. A person who violates this subsection (1)(a) is guilty of a misdemeanor and, upon conviction thereof, shall, with respect to big game, be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points or shall, with respect to small game, be punished by a fine of fifty dollars and an assessment of fifteen license suspension points. (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. If you have a nuisance wildlife problem, please call the wildlife conflict hotline at 1 (855) 571-9003. Willful destruction of wildlife--legislative intent, 33-6-118 . (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. Prosecution of offenses . The penalty assessment notice given to the alleged offender must: (A) Contain the information required for a summons and complaint; (B) Be in the form of a summons and complaint; and. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. Of course, Colorado is broad, so for a more detailed and specific take on the precise town where you live, you may wish to speak to a wildlife control company right in your area. March 1, 2022. May 31, 1994; Laws 2002, Ch. May 22, 2003; (c) Has been convicted of any violation of title 18, C.R.S., that was committed while hunting, trapping, fishing, or engaging in a related activity or of any federal wildlife violations within Colorado and such federal convictions, individually or when combined with convictions specified in paragraph (a) of this subsection (1), total twenty or more points; (d) Is found to meet the requirements for reciprocal suspension as provided in the Wildlife Violator Compact, part 26 of article 60 of title 24, C.R.S. 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