Colorado Captive Hunting Statutes and Regulations

No ban: Mammals permitted.

Statute

Colorado law defines a "commercial wildlife park" as "a privately owned wildlife park, containing lawfully acquired captive wildlife, on which wildlife are exhibited for educational, commercial, or promotional purposes." C.R.S. §33-1-102(4.5).

"Wildlife refers to "vertebrates, mollusks, and crustaceans, whether alive or dead, including any part, product, egg, or offspring thereof, that exist as a species in a natural wild state in their place of origin, presently or historically, except those species determined to be domestic animals by rule or regulation by the commission and the state agricultural commission." Id. at §33-1-102(51).

"Nonnative wildlife" or "exotic wildlife" means those species, subspecies, and hybrids of wildlife not originating naturally, either presently or historically, in Colorado, except those which have been introduced into the wild in Colorado by the division or classified as native wildlife by the commission. C.R.S. §33-1-102 (29.5).

An importation license is required to import any live wildlife into this state. Id. at §33-6-114(2).

In addition to an importation license, each imported animal must be accompanied by a valid health certificate. Id.

A license is also required to "operate a farm or ranch at which alternative livestock are raised." Id. at §35-41.104.

"Alternative livestock" is defined as "any domesticated elk or fallow deer." Id. at §35-41.5-102(1).

Alternative livestock shall not be considered wildlife for purposes of this article. Id. Such farms must have perimeter fences designed "to prevent ingress of big game wildlife and egress of alternative livestock." Id. at §33-1-106(4)(a)(IV).

Alternative livestock can be hunted pursuant to the issuance of a hunter education certificate. Id. at §35-41.109(1)(j) and Id. at §33-1-106(4)(a)(I).

The captive wildlife and alternative livestock board, established by state statute (Id. at §33-1- 121(3)(a)), must "review or initiate and consider, prior to presentation to the commission for adoption, every rule or policy that is to regulate or control, or otherwise relates to, captive wildlife or alternative livestock, the spread of disease within privately owned wildlife or alternative livestock facilities, or the importation into the state or the distribution of any wildlife or alternative livestock species." Id.

In addition to the captive wild and alternative livestock board, the state agricultural commission also must "review the regulations concerning captive wild ungulates submitted by the division and make recommendations to the wildlife commission concerning such regulations." Id. at §33-1-106(3)(a).

The wildlife commission cannot pass nor implement regulations concerning captive wild ungulates without the approval of the state agricultural commission. Id. "Captive wild ungulates" refers to "wildlife which are ungulates lawfully acquired and held in confinement for breeding for agricultural purposes, production of meat, or other animal products; except that 'captive wild ungulates' does not include wildlife held or used for the purpose of hunting..." Id. at §33-1-106(3)(b).

Regulation

Colorado regulations require the issuance of "Commercial Wildlife Park Licenses ... to a person or person for the operation of privately owned wildlife parks and for the related commercial use of such wildlife including: buying, selling, propagating, brokering or trading of lawfully acquired captive wildlife; charging customers to hunt on such a park; or, exhibiting wildlife for educational or promotional purposes." Wildlife Regulations at §1104A. There are five subcategories of commercial wildlife park licenses, including three that permit hunting. These are:

• A "Big Game Hunting Park" license is "issued for hunting privately owned big game animals on private property." Id. at §1104A-1.

No new big game hunting park licenses shall be issued after July 1, 1996, except when change of ownership occurs on an existing Big Game Hunting Park. Id. at §1104A-1a.

No hunting license is required to hunt animals within such parks and hunting can occur year-round. Id. Other provisions, including marking and disease surveillance also apply.

• A "Wildlife Producers Park" license is "issued for trading, selling, propagation, bartering, shooting, brokering, and transporting, live wildlife (except birds) and wildlife parts." Id. at §1104A-3.

• An "Upland Bird and Waterfowl Hunting and Producers Park" license is "issued for propagation and release of commercially raised upland game birds and waterfowl for preserve shooting." Id. at §1104A-4.

Other regulations delineate the facility requirements for all parks licensed by the Division, including parks licensed for captive ungulates, except Big Game Hunting Parks, and all facilities licensed to hold captive bears, wolves, or cats. Id. at §1108 et seq.

The possession of a number of species is prohibited, except as authorized in writing by the Division of Wildlife. Id. at §008B.

These species include: all species and hybrids of wild species in the subfamily Capriae not native to North America (exotic sheep and goats including but not limited to: mouflon, barbary sheep, tahr, chamois), Oryx sp., Addax sp., wildebeest, hartebeest, Damaliscus sp., Blesbok sp., White-tailed deer, all species and hybrids of wild species in the family Suidae (European boar, Eurasian boar, Russian boar, feral hog) and the family Tayassuidae (Javelina and peccary), Red Deer, and hybrids of elk with any other cervidae. Ld. at §008B (1-6).

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