(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 . For wildlife issues, including sick or injured wildlife, please contact Colorado Parks and Wildlife at 303-291-7227 or visit //cpw.state.co.us/. (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. Find resources and information to help you deal with nuisance wildlife on your property. 115, 2, eff. May 31, 1994; Laws 2003, Ch. Any person may kill skunks or rattlesnakes when necessary to protect life or property. May 29, 2008; Laws 2021, Ch. For offenses committed on or after July 1, 1985, the fine shall be in an amount within the presumptive range set out in section 18-1.3-401(1)(a)(III), C.R.S. Eggs incubate between 13-17 days and fledge after 18-24 days. 259, 1, eff. 19-1172), 220, eff. No previous demand for possession shall be necessary. To report any dead domestic cat or dog that is lying in, or adjacent to a roadway within unincorporated Boulder County, please call Boulder County Communications at 303-441-4444 and an Animal Control specialist will be dispatched to remove it. 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. (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. CreditsAdded by Laws 2003, Ch. (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. 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. There are two ways for landowners and homeowners to deal with wildlife damage: 1) If necessary, consult with a West Virginia Division of Natural Resources biologist or Natural Resources Police Officer to determine legal options, refer to online sources or printed materials that focus on wildlife damage control, and take care of the problem . 423 (H.B. Jan. 1, 1985. Any person who violates this subsection (4) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of fifty dollars and is assessed ten license suspension points. ?"G@p8l*Ag`04l (c) The balance, if any, or any portion thereof not otherwise distributed pursuant to this paragraph (c), to the wildlife cash fund. In general, if an individual is successful in a lawsuit against a nuisance from a neighbor's noise, light, or odor emissions, they may be able to recover: An abatement of the nuisance, or the ceasing of the nuisance; Damages, including compensatory and future damages; and. Services and species Trapping to remove nuisance wildlife including skunks, raccoons, foxes, rats and other non-protected species. 33-6-107. The effect .. 5035772: 1/4/2008 Vol. 20-1087), 5, eff. 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. Theft of wildlife--tampering with trap. Computer-assisted remote hunting prohibited. You must pass the Nuisance Wildlife Control Operator (NWCO) examination with a score of 80% or higher. Amended by Laws 1994, S.B.94-137, 16, eff. Amended by Laws 2019, Ch. May 31, 1994; Laws 2020, 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. It features the highest peak in the Rocky Mountains of North America. Hours: 6:00A to 10:30P (except Morey Wildlife . 49 (H.B. CO Rev Stat 16-13-303 (2016) What's This? (4) This section shall not apply to persons who provide only: (a) General-purpose equipment, including computers, cameras, and fencing and building materials; (b) General-purpose computer software, including operating systems and communication programs; or. A person who violates section 33-14.5-108(3)(b) while engaged in the act of hunting, fishing, or trapping or a related activity at the time of the unlawful activity shall be punished by a penalty of five license suspension points. Click on the "List Me as a Nuisance Wildlife Trapper" button below. Citation. 68A-9.010, may be taken using live traps or snares, or, where allowed, firearms during daylight hours.All traps and snares must be inspected at least once every 24 hours. Nuisance Wildlife Removal . (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. (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. (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. Jan. 1, 1985, 33-6-101. (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. State. (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. (4.5) With respect to any suspension of the license of a resident pursuant to the provisions of a compact with another state, territory, or province for failure to comply with the terms of a summons, complaint, summons and complaint, penalty assessment notice, or other official notice of an alleged wildlife violation issued by a wildlife officer or other authorized peace officer in such other state, territory, or province, the hearing shall be conducted by the commission at the time and place of a regularly scheduled meeting without the need for any prior hearing by the hearing examiner. July 1, 1990; Laws 2008, Ch. Sometimes, the animals get too close for comfort. May 31, 1994; Laws 2002, Ch. In Colorado, a nuisance has been defined in the courts as an "unreasonable interference with the use and enjoyment of property.". 305, 6, eff. 305, 49, eff. (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. As a service to the public FWC will continue to let Nuisance Wildlife Trappers list their services on its web site at MyFWC.com. 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. . Contact the CWS Permits Officer at 905-336-4464 (answering machine), 905-336-4587 (fax) or wildlife.ontario@ec.gc.ca. It has long been recognized that necessary laws and regulations constitute an important tool of resource management, particularly as a means of imposing restraints. CreditsRepealed and reenacted by Laws 1984, S.B.78, 1, eff. 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. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. Killing of big game animals in contest prohibited, 33-6-119 . (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 . Upon conviction, the commission may suspend any or all license privileges of the person for a period of one year to life. 423 (H.B. "Harassment" is legally considered any action that interrupts an animal's "normal behavior patterns," so this includes trapping, petting, or feeding most animals. By administering the NWCO program, DEEP is implementing a mechanism to address the growing number of nuisance wildlife complaints. 21-271), 551, 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. Such notice shall be in the form of a certified letter, return receipt requested, sent to the last-known address of the person, stating the violations and the date of hearing. Added by Laws 2008, Ch. It's simple: it means an endangered or threatened species should not be injured or harassed by your nuisance wildlife control activities. (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. (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. Aug. 10, 2016; Laws 2019, Ch. 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. Ground squirrel. The officer shall advise the person arrested of the license suspension points to be assessed in accordance with section 33-6-106. . (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 . (2) 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. Damage or destruction of dens or nests--harassment of wildlife, 33-6-129 . (1) A person is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars, a surcharge as described in section 24-33.5-415.6, and an assessment of five license suspension points for a violation of any of the following for which there is not an associated statutory penalty listed: (a) A provision of articles 1 to 6 of this title 33; or. 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. 462 (S.B. May 3, 1985; Laws 2009, Ch. Nov. 11, 2021; Laws 2021, Ch. 19-1026), 4, eff. it is best to call Colorado Parks and Wildlife rather than taking action on your own. 2023 Michigan State University College of Law. 136, 12, eff. May 22, 1994; Laws 1994, S.B.94-137, 11, eff. (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. A person who violates this subsection (2) commits a class 2 misdemeanor and, upon conviction thereof, shall, with respect to big game, be punished by a fine of three hundred dollars and an assessment of fifteen license suspension points or shall, with respect to all other game wildlife, be punished by a fine of one hundred dollars and an assessment of ten 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. Here are some of the most random and unique laws in Colorado, in no particular order: 1. Get more information at the National Feral Swine . May 31, 1994; Laws 2003, Ch. (2) A person who violates this section commits a petty offense and is assessed twenty license suspension points. (2) A person commits intentional interference with lawful hunting, trapping, and fishing activities if he: (a) Acts with intent to alarm, distract, or frighten prey and causes prey to flee by: (I) Use of any natural or artificial source of noise or light; (II) Giving chase to prey on foot or by use of any vehicle; (III) Throwing objects or making movements; (b) Intentionally harasses any person lawfully participating in the activity of hunting, trapping, and fishing by use of threats or actions; (c) Erects barriers with the intent to deny ingress to lawfully designated hunting, trapping, and fishing areas; (d) Intentionally interjects himself into the line of fire; (e) Engages in any other conduct with the intent to disrupt or prevent lawful hunting, trapping, and fishing activities. (4) It is unlawful for any person under twelve years of age to hunt or take big game, and it is unlawful for persons between the ages of twelve and fifteen years of age to hunt or take big game except when 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. What does it mean for you? 5 0 obj 21-026), 15, eff. 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. Monday - Friday, 7 a.m. to 5 p.m. Saturday - Sunday, 7 a.m. to 5 p.m. 33-6-108. Oct. 1, 2002; Laws 2008, Ch. Illegal businesses on division property. (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. July 1, 2017. 19-1026), 10, eff. March 1, 2022. 34/01 : Development . Service by certified mail is complete upon return of the receipt signed by the alleged offender. A couple of caveats. (II) For each big game license, a fine that is equal to twice the cost of the most expensive license for such species and an assessment of fifteen license suspension points shall be assessed. (9) For the purposes of this section, any person, any member of such person's family, or any employee of the person may hunt, trap, or take black-billed magpies, common crows, starlings, English or house sparrows, common pigeons, coyotes, bobcats, red foxes, raccoons, jackrabbits, badgers, marmots, prairie dogs, pocket gophers, Richardson's ground squirrels, rock squirrels, thirteen-lined ground squirrels, porcupines, crayfish, tiger salamanders, muskrats, beavers, exotic wildlife, and common snapping turtles on lands owned or leased by the person without securing licenses to do so, but only when such wildlife is causing damage to crops, real or personal property, or livestock. Repealed and reenacted by Laws 1984, S.B.78, 1, eff. For more information on Colorado's wildlife, contact the Denver CPW Headquarters at (303) 297-1192 or . 220, 1, eff. Native and nonnative fish--possession, transportation, importation, exportation, and release--penalties. 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. July 1, 2011; Laws 2017, Ch. 6930. Most states also have specific laws regarding "big game" mammals. Amended by Laws 2019, Ch. March 20, 2020. 462 (S.B. (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. 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