Prosecution of offenses . July 1, 1988. July 1, 2019. Amended by Laws 1985, H.B.1116, 12, eff. 6930. 21-271), 555, eff. Hunting, trapping, or fishing out of season or in a closed area. 462 (S.B. Wildlife. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. 21-271), 559, eff. Willful destruction of wildlife--legislative intent. Explosives, toxicants, and poisons not to be used, 33-6-132 . 115, 2, eff. Killing of big game animals in contest prohibited. 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. (1) It is unlawful for any person to fish, trap, hunt, or take any wildlife outside of the season established by or in an area closed by commission rule. Oct. 1, 2002; Laws 2008, Ch. 340, 3, eff. CreditsAdded by Laws 1988, H.B.1166, 1, eff. "Harassment" is legally considered any action that interrupts an animal's "normal behavior patterns," so this includes trapping, petting, or feeding most animals. (5) It is unlawful for any person to release any live native or nonnative fish or viable gametes (eggs or sperm) in this state except in accordance with the rules and regulations of the commission. Indeed, restrictions on taking game were enacted in pre-Revolutionary times in all . 305, 4, eff. Jan. 1, 1985. Jan. 1, 1985. 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. In the wildlife field, these restraints have roots in antiquity. (c) Repealed by Laws 2003, Ch. Nuisance Wildlife Laws in Colorado . (1) It is unlawful to provide goods or services for compensation on property owned or managed by the division unless permitted by commission rule. Animal Management Hours. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. Amended by Laws 1994, S.B.94-137, 21, eff. Oct. 1, 2002; Laws 2003, Ch. Jan. 1, 1985. 19-1026), 5, eff. (II) All other wildlife species, commits a class 2 misdemeanor and is assessed twenty license suspension points. This subsection (1) shall apply if either the wildlife hunted or any device, equipment, or software, including, without limitation, the person's own computer, used to remotely control the weapon is located in Colorado. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. April 17, 1996. Aug. 5, 2008; Laws 2021, Ch. March 1, 2022. July 1, 2017. Nuisance bats, mice except Preble's mouse, rats, voles, porcupines and ground squirrels . May 22, 2003; Laws 2008, Ch. (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. (2) Any person who violates this section: (a) With respect to big game, endangered species, or eagles, commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S. (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. (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. Evidence of wildlife sex and species, 33-6-113.5 . 423 (H.B. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty dollars nor more than one thousand dollars. By administering the NWCO program, DEEP is implementing a mechanism to address the growing number of nuisance wildlife complaints. For information on laws pertaining to controlling, . (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. 136, 12, eff. July 1, 2019. (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. (3) Any person who violates this section commits a class 2 misdemeanor and is assessed twenty license suspension points. <> July 1, 2019; Laws 2020, Ch. MDWFP Wildlife Bureau - (601) 432-2199. Amended by Laws 1985, H.B.1116, 11, eff. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall, with respect to big game, be punished by a fine of one hundred dollars and an assessment of ten license suspension points or shall, with respect to all other wildlife, be punished by a fine of fifty dollars and an assessment of five license suspension points. (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. 33-6-125. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. 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. 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. Added by Laws 2008, Ch. May 22, 2003. Nuisance Wildlife Laws in Colorado . It's simple: it means an endangered or threatened species should not be injured or harassed by your nuisance wildlife control activities. Payment of reasonable compensation shall be made for the use of such motor vehicle or other means of transportation. Jan. 1, 1985. 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. Wildlife may threaten human health or safety by spreading diseases; through direct attacks; or accidentally, because of collisions with . Stat. Amended by Laws 1985, H.B.1264, 4, eff. Exclusion and trapping are probably the two most commonly used approaches for dealing with nuisance wildlife. 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. Large dandelions in southern Colorado. 33-6-121. 33-6-115. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. (2)(a) Any person who makes a false statement or provides false information in connection with applying for or purchasing a license, or any license agent who knowingly uses or accepts false information in connection with selling or issuing a license, is guilty of a misdemeanor and, upon conviction, shall be punished by the following fines: (I) For each license that is not a big game license, a fine that is equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed. March 1, 2022. (1) The commission, or a hearing officer who has been delegated authority by the commission, has the exclusive authority to suspend the privilege of applying for, purchasing, or exercising the benefits conferred by any or all licenses issued by the division for a period not to exceed five years, except as otherwise provided in articles 1 to 6 of this title, if a person: (a) Has been convicted of violations of articles 1 to 6 of this title totaling twenty or more points in any consecutive five-year period; (I) Has been convicted of wildlife violations of another state, or any Canadian province, United States territory, or federal agency which is a member of the Wildlife Violator Compact, part 26 of article 60 of title 24, C.R.S.,1 for which equivalent charges exist in this state, and such convictions, individually or when combined with convictions specified in paragraph (a) of this subsection (1), would total twenty or more points in any consecutive five-year period. For the purposes of this section, a muzzle-loader shall be considered unloaded if it is not primed, and primed means having a percussion cap on the nipple or flint in the striker and powder in the flash pan. Aug. 6, 2003. WS conducts program delivery, research, and other activities through its Regional and State Offices, the National Wildlife Research Center (NWRC) and its Field Stations, as well . The laws and regulations in this handout are paraphrased for easier understanding and are intended only as a guide. 49-1101 et seq. (c) The balance, if any, or any portion thereof not otherwise distributed pursuant to this paragraph (c), to the wildlife cash fund. 242, 68, eff. CreditsAdded by Laws 2003, Ch. For further information on wildlife in the area please visit the Virginia . 462 (S.B. 33-6-129. 19-1026), 3, eff. (II) Refusal or inability to remit the specified fine and surcharges by mail when required constitutes a refusal to accept a penalty assessment notice. The . 462 (S.B. Nuisance Wild Animal Control. A person who violates this subsection (3) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points. (b) A person who violates this subsection (1) 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. Jan. 1, 1985. 33-6-132. 12101 et seq. (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. (II) If the division violates subparagraph (I) of this paragraph (b) or any other provision of law when seizing personal property, the division shall be charged one hundred dollars per day per violation plus any attorney's fees incurred by the owner of the property. 33-6-133 to 33-6-142. This site is not a law firm and cannot offer legal advice. 5 0 obj People and wildlife can peacefully coexist in most situations. (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. Following are summaries of Colorado's most common regulations and statutes pertaining to nuisance wildlife questions. Jan. 1, 1985, 33-6-101. (5) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title. May 22, 2003; Laws 2015, Ch. Article 6. Aug. 6, 2003; Laws 2003, Ch. March 1, 2022; Laws 2022, Ch. Damage or destruction of dens or nests--harassment of wildlife, 33-6-129 . Repealed by Laws 1984, S.B.78, 1, eff. Damage or destruction of dens or nests--harassment of wildlife. Find resources and information to help you deal with nuisance wildlife on your property. Certificates issued by organizations solely for registration and recognition of animals legally taken are not prohibited. (5) Any person who possesses live wildlife in this state and who is required by commission rule to have a license for possession of live wildlife shall have the required license at the site where the wildlife is kept. The mission of USDA APHIS Wildlife Services (WS) is to provide Federal leadership and expertise to resolve wildlife conflicts to allow people and wildlife to coexist. The victims and witnesses assistance and law enforcement fund surcharge shall only be levied against the amount of the fine imposed under subsection (3) of this section. (3) A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife. The animal may be damaging property such as buildings, crops, pets, livestock, gardens, or public parks. New or existing agents applying for certification shall take the required examination within 180 days of final approval of their applications by the Bureau of Wildlife Protection. (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. (b) For each big game license, 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. But before that, let's take a look at the most common nuisance wildlife in the state of Colorado. Contact your Local County Extension Office.. The breeding season for swallows lasts from March through September. 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. 33-6-130. 242, 70, eff. 423 (H.B. (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. Wildlife--illegal possession, 33-6-110 . 462 (S.B. (1) It is unlawful for any person to engage in computer-assisted remote hunting in Colorado. l Critter Control announced in September of 1999 that it had developed a reference manual and a certification test for Nuisance Wildlife Control Operators (NWCOs). (6) The division shall not undertake any seizure of property pursuant to this section unless the division has complied with parts 3 and 5 of article 13 of title 16, C.R.S., as applicable. 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. (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. Amended by Laws 2003, Ch. 21-271), 553, eff. For the purposes of this subsection (1), nothing shall prohibit the removal of wildlife dens or nests when necessary to prevent damage to property or livestock or while trapping. Cover all sides of the trap with a tarp or other material. Hunting, trapping, and fishing--intentional interference with lawful activities. Click on the "List Me as a Nuisance Wildlife Trapper" button below. July 1, 2003. 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. The laws and regulations in this handout are paraphrased for easier understanding and are intended only as a guide. (b) A person who violates this section is subject to a fine of five hundred dollars and an assessment of fifteen license suspension points if at the time of the violation the person: (I) Was hunting under a valid big game license; (II) Killed a big game animal that is not covered by the license; and, (III)(A) Immediately field dressed the animal; and. (c) The commission shall promulgate a rule allowing veterans, including active-duty, reserve-duty, or national guard personnel, to obtain a hunter education certificate without attending a hunter education course if the veteran successfully passes a test-out option as developed by the commission. 423 (H.B. Imposition of penalty--procedures, 33-6-105 . (5) Notice of any resulting suspension shall be sent to the person by certified mail, return receipt requested, to the last-known address of such person and to license agents and other persons who should be notified of such suspensions. Nuisance wildlife control operator examination. ODWC issues permits to landowners, lessees or their designated agents to control nuisance or damage by regulated species of wildlife or feral hogs.The NWCO program was developed to provide assistance to the public who encounter such problems. May 22, 2003; Laws 2021, Ch. Other terms for the field include wildlife damage management, wildlife control, and animal damage control.Some wild animal species may get used to human presence, causing property damage or risking the transfer of diseases to humans or pets. 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