Inspection of license and wildlife--check stations--failure to tag--eluding an officer, 33-6-112 . May 31, 1994; Laws 2003, Ch. The commission shall have the authority with respect to any such suspension to suspend the resident's privileges until satisfactory evidence of compliance with the terms of the summons, complaint, summons and complaint, penalty assessment notice, or other official notice of violation has been furnished to the division. The hearing examiner's decision may be appealed to the commission by filing a notice of appeal with the commission within thirty days after receipt of the hearing examiner's decision. CreditsAdded by Laws 1990, S.B.90-67, 6, eff. Wildlife and Parks and Outdoor Recreation. Partner Waters Lead / Project Manager at Colorado Parks and Wildlife Parker, Colorado, United States. As a service to the public FWC will continue to let Nuisance Wildlife Trappers list their services on its web site at MyFWC.com. 293, 16, eff. "Nuisance wildlife laws in Colorado," CPW Digital Collections, accessed August 31, 2022, https://cpw . Fees associated with stopping the nuisance. Immediately preceding text appears at serial page (304165). Jan. 1, 1985. 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. Hunting under the influence, 33-6-124 . Contact the Colorado Division of Wildlife at 303-291-7227, or Lakewood Animal Control at 303-987-7173 for information about deterring nuisance wildlife. Aquatic Nuisance Species at Colorado Parks and Wildlife (c) The balance, if any, or any portion thereof not otherwise distributed pursuant to this paragraph (c), to the wildlife cash fund. July 1, 2019; Laws 2021, Ch. Aug. 5, 2008. By administering the NWCO program, DEEP is implementing a mechanism to address the growing number of nuisance wildlife complaints. July 1, 2017. Wildlife. 1531-1544, 87 Stat. (b) For the purposes of this section, food or edible waste shall not include live animals or food that is grown in the open prior to such food being harvested. (b)(I) The division shall be in violation of this section if it seizes any personal property that is not part of or incident to a criminal proceeding for violation of articles 1 to 6 of this title and does not return such property on demand. Colorado Parks and Wildlife is a nationally recognized leader in conservation, outdoor recreation and wildlife management. 144, 2, 9 eff. . The animal may be damaging property such as buildings, crops, pets, livestock, gardens, or public parks. 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. Amended by Laws 1994, S.B.94-137, 20, eff. Upon such conviction, the commission shall assess twenty license suspension points and suspend the wildlife license privileges for one year to life of the person convicted. 33-6-115.5. 144, 5, eff. March 1, 2022. May 1, 1985; Laws 1990, H.B.90-1063, 5, eff. Oct. 1, 2002; Laws 2008, Ch. A writ of replevin may issue in such an action without bond. 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. A couple of caveats. Amended by Laws 1994, S.B.94-137, 7, eff. Critter Control announced in September of 1999 that it had developed a reference manual and a certification test for Nuisance Wildlife Control Operators (NWCOs). May 22, 2003. (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. Amended by Laws 1994, S.B.94-137, 16, eff. (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. 220, 1, eff. March 20, 2020. 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. 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 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. (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. (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. 462 (S.B. (b) With respect to all other wildlife commits a class 2 misdemeanor and is assessed twenty license suspension points. Jan. 1, 1985. (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 the commission. July 1, 1987; Laws 1994, S.B.94-137, 14, eff. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. (II) All other wildlife species, commits a class 2 misdemeanor and is assessed twenty license suspension points. (3) The provisions of the Colorado Crime Victim Compensation Act, article 4.1 of title 24, C.R.S., shall not apply to articles 1 to 6 of this title, and the costs imposed by said act shall not be levied on criminal actions for violations of articles 1 to 6 of this title. July 1, 1990; Laws 1994, S.B.94-137, 9, 10, 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. x 8To?lH*J6sflEe-6RY[ Legislation and Administration. (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. 423 (H.B. April 22, 1998; Laws 2003, Ch. Any person who violates this subsection (2) commits a petty offense and, upon conviction thereof, shall be punished by a fine of two hundred dollars. Jan. 1, 1985. Amended by Laws 2003, Ch. 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. Bats (2) For the purposes of license suspension under subsection (1) of this section, the payment of a penalty assessment, a court conviction, a plea of nolo contendere, the acceptance of a deferred or suspended sentence by the court, the adjudication of a juvenile as delinquent for any violation of this title that would have resulted in a conviction if prosecuted as an adult, or forfeiture of bail shall be deemed a conviction. (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. If Nassau County residents have additional questions or concerns regarding Nuisance Wildlife in their area, they can call the Nassau County Department of Health - Zoonoses Program at 516-227-9663. (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. (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. Repealed by Laws 1984, S.B.78, 1, eff. Any person who violates this subsection (1) 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. Division action to recover possession and value of wildlife unlawfully taken. (4) It is unlawful for any person to elude or attempt to elude by any means a Colorado wildlife officer or other peace officer after having received a visual or audible signal such as a red or red and blue light, siren, or voice command directing the person to stop. 305, 4, eff. (5) All moneys collected by the division as surcharges on penalty assessments issued pursuant to section 33-6-104 shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. 33-6-114.5. (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. (c) An apprentice certificate of hunter education: (I) May be used in lieu of a certificate of hunter education issued under subsection (8) of this section to purchase or obtain a license to take wildlife; and. Get more information at the National Feral Swine . (e) For the purposes of this subsection (8), the division shall recognize, in addition to Colorado hunter education certificates issued on or after January 1, 1985, those Colorado hunter education certificates issued before January 1, 1985, and any valid temporary hunter education certificate issued by the division, and the division may recognize the hunter education programs of or certificates of other states or countries as being sufficient for the purposes of purchasing a hunting license in Colorado. (II) Is valid for no more than one year after issuance. Nuisance wildlife, as defined in Florida Administrative Code (F.A.C.) (1)(a) Any person who hunts, traps, fishes, or possesses wildlife for any purpose shall, when requested to do so by an officer of the division of parks and wildlife or other peace officer empowered to enforce articles 1 to 6 of this title 33, produce: (I) All applicable licenses that the division issued to the person; (III) All records required to be maintained by articles 1 to 6 of this title 33 or by any rule of the commission; (V) Any personal identification documents. Depending on what the nuisance is, this may involve a call . 423 (H.B. May 31, 1994; Laws 2002, Ch. "Harassment" is legally considered any action that interrupts an animal's "normal behavior patterns," so this includes trapping, petting, or feeding most animals. 462 (S.B. The fact that any person charged with a violation of this section is or has been entitled to use such controlled substance or drug under the laws of this state shall not constitute a defense against any charge of violating this section. It's simple: it means an endangered or threatened species should not be injured or harassed by your nuisance wildlife control activities. Jan. 1, 1985. <> Common Wildlife Species - Options. 21-271), 553, eff. July 1, 2011; Laws 2017, Ch. July 1, 1985; Laws 1994, S.B.94-137, 13, eff. 423 (H.B. 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. May 22, 2003. Damage to property or habitat under division control, 33-6-130 . 423 (H.B. (2) Except as otherwise provided in articles 1 to 6 of this title 33 or by rule of the commission, it is unlawful for a person to fail to reasonably attempt to dress or care for and provide for human consumption the edible portions of game wildlife. Dates and locations: Exam held at various times throughout the year at DEC wildlife offices. 2223 S. Highland Drive #194. Amended by Laws 1985, H.B.1116, 11, eff. (III) Mailing the copy to the alleged offender's last-known place of residence by certified mail, return receipt requested. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. Jan. 1, 1985. (9) Repealed by Laws 2012, Ch. Nuisance wildlife control operator examination. (b) Unless otherwise permitted by commission rule, it is unlawful for any person to discharge a firearm or release an arrow from a motor vehicle with the intent to take wildlife. Hunters to wear daylight fluorescent orange garments. Exclusion can be effective for some species, such as rabbits, bats, squirrels, raccoons, chipmunks, groundhogs, Canada geese and other waterfowl. Jan. 1, 1985. Amended by Laws 1989, S.B.177, 2, 3, eff. Possession of a loaded firearm in a motor vehicle, 33-6-126 . (b) If the alleged offender accepts the penalty assessment notice and pays the fine and the surcharges entered on the fine to the division within twenty days of issuance of the notice, the alleged offender's acceptance and payment constitutes an acknowledgment of guilt of the violation set forth in the penalty assessment notice. Updated January 2015. Any person who violates this subsection (1) commits a class 2 misdemeanor. If you have a nuisance wildlife problem, please call the wildlife conflict hotline at 1 (855) 571-9003. 19-1026), 13, eff. Computer-assisted remote hunting prohibited, 33-6-133 to 33-6-142 . Added by Laws 2008, Ch. July 1, 2003; Laws 2008, Ch. Jan. 1, 1985. Each such officer shall have the authority to secure and execute search or arrest warrants. 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. (2.5) This section does not apply to the illegal possession of live native or nonnative fish or viable gametes (eggs or sperm) which is governed by section 33-6-114.5. Large dandelions in southern Colorado. Jan. 1, 1985. Colorado Parks & Wildlife - SE Region Service Center. (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. A person who violates this subsection (3) 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 license that is not a big game license, 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. July 1, 2019; Laws 2020, Ch. 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