SENATE BILL 97052
BY SENATOR Wattenberg;
also REPRESENTATIVES Entz and Paschall.
CONCERNING IMPLEMENTATION OF SECTION 13 OF ARTICLE
XVIII OF THE STATE CONSTITUTION, AND, IN CONNECTION THEREWITH,
RESTRICTING THE USE OF CERTAIN TYPES OF TRAPS, SNARES, AND POISONS
TO TAKE WILDLIFE, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
6 of title 33, Colorado Revised Statutes, 1995 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW PART to read:
PART 2
TRAPS, POISONS, AND SNARES
336201. Legislative declaration
scope and purpose of part. (1) THE
GENERAL ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT:
(a) THE PURPOSE OF THIS PART 2 IS TO IMPLEMENT
SECTION 13 OF ARTICLE XVIII OF THE STATE CONSTITUTION, ADOPTED
BY THE PEOPLE AT THE 1996 GENERAL ELECTION.
(b) THE PROVISIONS OF THIS PART 2 ARE
INTENDED TO HONOR THE EXPRESSED DESIRE OF THE PEOPLE OF COLORADO
TO PROMOTE HUMANE METHODS OF ANIMAL CONTROL AND DISCOURAGE THE
USE OF INHUMANE METHODS WHILE PRESERVING THE ABILITY TO PROTECT
HUMAN LIFE, HEALTH, SAFETY, AND PROPERTY BY TAKING WILDLIFE WHEN
THERE IS NO PRACTICAL ALTERNATIVE.
(c) WHENEVER POSSIBLE, THIS PART 2 SHOULD
BE READ IN CONJUNCTION AND HARMONY WITH THE OTHER PROVISIONS OF
THIS TITLE AND WITH SECTIONS 3540101 AND 3540102,
C.R.S.; EXCEPT THAT, IN CASE OF CONFLICT, THE PROVISIONS OF THIS
PART 2 SHALL PREVAIL.
336202. Definitions.
AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "DEPARTMENT OF HEALTH" MEANS
A GOVERNMENTAL ENTITY WITH THE RESPONSIBILITY TO PREVENT OR ALLEVIATE
DISEASES AND OTHER BIOLOGICAL OR ENVIRONMENTAL HAZARDS TO HUMAN
HEALTH OR SAFETY. THE TERM SPECIFICALLY INCLUDES, WITHOUT LIMITATION,
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, CREATED IN SECTION
251102, C.R.S., AND EVERY DEPARTMENT OR AGENCY AT
THE COUNTY OR LOCAL LEVEL THAT IS CHARGED WITH COMPARABLE POWERS
AND DUTIES.
(2) "HUMAN HEALTH OR SAFETY"
MEANS THE PHYSICAL HEALTH OR SAFETY OF INDIVIDUAL HUMAN BEINGS.
THE TERM DOES NOT ENCOMPASS ECONOMIC, AESTHETIC, OR SOCIAL VALUES
OR THE HEALTH OF ECOSYSTEMS.
336203. General prohibition
penalties. (1) EXCEPT
AS OTHERWISE PROVIDED IN THIS PART 2, IT IS UNLAWFUL TO TAKE WILDLIFE
WITH ANY LEGHOLD TRAP, ANY INSTANT KILL BODYGRIPPING DESIGN
TRAP, OR BY POISON OR SNARE IN THE STATE OF COLORADO. PENALTIES
SHALL BE AS PROVIDED IN SECTION 336109 UNLESS A DIFFERENT
PENALTY IS SPECIFICALLY PROVIDED IN THIS PART 2.
(2) EXCEPT AS OTHERWISE PROVIDED IN THIS
PART 2, ANY PERSON WHO ATTEMPTS TO TAKE WILDLIFE USING ANY LEGHOLD
TRAP, INSTANT KILL BODYGRIPPING DESIGN TRAP, POISON, OR
SNARE COMMITS A CLASS 1 PETTY OFFENSE AND, UPON CONVICTION THEREOF,
SHALL BE PUNISHED BY A FINE OF FORTY DOLLARS AND AN ASSESSMENT
OF FOUR LICENSE SUSPENSION POINTS.
(3) AN OWNER OR LESSEE OF PRIVATE PROPERTY
OR AN EMPLOYEE OF SUCH OWNER OR LESSEE, AS SUCH TERMS ARE DEFINED
AND USED IN SECTIONS 336207 AND 336208,
WHO TAKES WILDLIFE USING ANY LEGHOLD TRAP, INSTANT KILL BODYGRIPPING
DESIGN TRAP, POISON, OR SNARE ON SUCH PRIVATE PROPERTY UNDER CIRCUMSTANCES
THAT GIVE RISE TO THE EXEMPTION SET FORTH IN SECTION 336207
(1) BUT WITHOUT COMPLYING WITH THE NOTICE AND CERTIFICATION REQUIREMENTS
OF SECTION 336208 (1) (c) COMMITS A CLASS 2 PETTY
OFFENSE AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE
OF TWENTYFIVE DOLLARS; EXCEPT THAT, UPON CONVICTION OF A
SECOND OR SUBSEQUENT OFFENSE, THE FINE SHALL BE FIFTY DOLLARS.
(4) ANY PERSON CONVICTED OF VIOLATING
SUBSECTION (1) OR (2) OF THIS SECTION SHALL BE SUBJECT TO TWICE
THE APPLICABLE PENALTY IF THE OFFENSE OCCURRED PURSUANT TO AN
UNLAWFUL ENTRY ONTO THE PRIVATELY OWNED OR LEASED PROPERTY OF
ANOTHER.
336204. General exemptions
conduct "authorized by law".
(1) SECTION 336203 SHALL NOT APPLY TO:
(a) THE TAKING OF BIRDS OR OF RODENTS,
OTHER THAN BEAVER OR MUSKRAT, AS AUTHORIZED BY LAW; OR
(b) THE TAKING OF FISH OR OTHER NONMAMMALIAN
AQUATIC WILDLIFE BY THE DIVISION.
(2) NOTHING IN THIS PART 2 SHALL BE CONSTRUED
TO PROHIBIT THE TAKING OF WILDLIFE WITH FIREARMS, FISHING EQUIPMENT,
ARCHERY EQUIPMENT, OR OTHER IMPLEMENTS IN HAND AS AUTHORIZED BY
LAW.
336205. Exemption
departments of health. (1) SECTION
336203 SHALL NOT APPLY TO THE TAKING OF WILDLIFE BY
FEDERAL, STATE, COUNTY, OR MUNICIPAL DEPARTMENTS OF HEALTH FOR
THE PURPOSE OF PROTECTING HUMAN HEALTH OR SAFETY.
(2) (a) TO ENSURE THAT THE TAKING
OF WILDLIFE PURSUANT TO SUBSECTION (1) OF THIS SECTION IS ACCOMPLISHED
IN AS COMPETENT, SAFE, EFFECTIVE, AND HUMANE A MANNER AS IS POSSIBLE,
A DEPARTMENT OF HEALTH MAY CONTRACT WITH AN INDEPENDENT CONTRACTOR
OR, BY APPROPRIATE INTERGOVERNMENTAL AGREEMENT, ENLIST THE AID
OF QUALIFIED EMPLOYEES OR AGENTS OF THE DIVISION, THE UNITED STATES
DEPARTMENT OF AGRICULTURE, THE STATE DEPARTMENT OF AGRICULTURE,
OR A LOCAL POLICE DEPARTMENT OR ANIMAL CONTROL AGENCY FOR THE
TAKING OF WILDLIFE.
(b) THE COMMISSION IS AUTHORIZED TO ADOPT
AND ENFORCE REASONABLE RULES FOR THE LICENSING AND SUPERVISION
OF PERSONS DESIRING TO ACT AS INDEPENDENT CONTRACTORS UNDER THIS
SECTION. THIS PARAGRAPH (b) SHALL NOT SUPERSEDE THE LICENSURE
REQUIREMENTS OF THE "PESTICIDE APPLICATORS' ACT", ARTICLE
10 OF TITLE 35, C.R.S.
336206. Exemptions
nonlethal methods. (1) NOTWITHSTANDING
SECTION 336203, BUT SUBJECT TO REGULATION BY THE COMMISSION,
AUTHORIZED PERSONS MAY USE NONLETHAL SNARES, TRAPS SPECIFICALLY
DESIGNED NOT TO KILL, OR NETS TO TAKE WILDLIFE FOR PURPOSES OF:
(a) BONA FIDE SCIENTIFIC RESEARCH;
(b) FALCONRY;
(c) RELOCATION PERMITTED IN ACCORDANCE
WITH RULES OF THE DIVISION; OR
(d) MEDICAL TREATMENT OF THE ANIMAL BEING
CAPTURED.
336207. Exemption
landowners' protection of crops and livestock definitions
authority of division and of department of agriculture.
(1) SECTION 336203 SHALL NOT APPLY TO THE
OWNER OR LESSEE OF A PARCEL OF PRIVATE PROPERTY, NOR TO THE EMPLOYEES
OF SUCH OWNER OR LESSEE, SO LONG AS ALL OF THE FOLLOWING CONDITIONS
ARE MET:
(a) THE PROPERTY IS PRIMARILY USED FOR
COMMERCIAL LIVESTOCK OR CROP PRODUCTION;
(b) THE USE OF THE METHODS OTHERWISE PROHIBITED
BY SECTION 336203 OCCURS ONLY ON THE PROPERTY;
(c) SUCH USE DOES NOT EXCEED ONE THIRTYDAY
PERIOD PER YEAR FOR EACH PARCEL OF PRIVATE PROPERTY; AND
(d) THE OWNER OR LESSEE CAN PRESENT ONSITE
EVIDENCE TO THE DIVISION THAT ONGOING DAMAGE TO LIVESTOCK OR CROPS
HAS NOT BEEN ALLEVIATED BY THE USE OF METHODS OTHER THAN THOSE
PROHIBITED BY SECTION 336203.
(2) AS USED IN THIS SECTION AND IN SECTION 336208:
(a) "CROPS" INCLUDES ALL PLANTS
RAISED FOR PROFIT.
(b) "EMPLOYEE" MEANS A PERSON
HIRED OR RETAINED BY, OR UNDER A WRITTEN OR ORAL CONTRACT OR COOPERATIVE
AGREEMENT WITH, AN OWNER OR LESSEE TO PERFORM SERVICES OF ANY
KIND.
(c) "LESSEE" MEANS A PERSON,
OTHER THAN THE OWNER, WHO HAS A PRESENT POSSESSORY INTEREST IN
REAL PROPERTY. IF THE POSSESSORY INTEREST IS HELD BY A CORPORATION,
PARTNERSHIP, ASSOCIATION, OR OTHER ENTITY, "LESSEE"
INCLUDES THE INDIVIDUAL SHAREHOLDERS, PRINCIPALS, PARTNERS, OR
MEMBERS OF SUCH ENTITY. IF THE POSSESSORY INTEREST IS HELD IN
TRUST, "LESSEE" INCLUDES A BENEFICIARY OF SUCH TRUST.
(d) "LIVESTOCK" INCLUDES ALL
ANIMALS RAISED FOR PROFIT.
(e) "ONGOING DAMAGE" MEANS MEASURABLE
PHYSICAL HARM TO LIVESTOCK OR CROPS THAT HAS RESULTED OR WILL
RESULT IN ECONOMIC LOSS TO AN OWNER OR LESSEE AND APPEARS LIKELY
TO CONTINUE OR RECUR IN THE NEAR FUTURE.
(f) (I) "ONSITE EVIDENCE"
MEANS PHYSICAL EVIDENCE OR DOCUMENTED OBSERVATIONS GATHERED FROM
THE PROPERTY ON WHICH TRAPPING, SNARING, OR POISONING ACTIVITY
IS PROPOSED UNDER SUBSECTION (1) OF THIS SECTION. SUCH EVIDENCE
INCLUDES, BUT IS NOT LIMITED TO:
(A) CARCASSES OR PARTS THEREOF;
(B) PHYSICAL INJURIES TO LIVESTOCK;
(C) IDENTIFYING TRACKS, TOOTH MARKS, FUR,
OR OTHER EVIDENCE OF THE PRESENCE AND HARMFUL ACTIVITY OF A DEPREDATING
SPECIES;
(D) PHOTOGRAPHS;
(E) RECORD ENTRIES.
(II) WHERE DIRECT EVIDENCE HAS NOT BEEN
PRESERVED, CURRENT OR RECENT LOSSES MAY BE CONSIDERED AS "ONSITE
EVIDENCE" SO LONG AS SUCH LOSSES ARE DOCUMENTED.
(g) "OWNER" MEANS THE HOLDER
OF RECORD TITLE TO REAL PROPERTY. IF THE TITLE TO REAL PROPERTY
IS HELD BY A CORPORATION, PARTNERSHIP, ASSOCIATION, OR OTHER ENTITY,
"OWNER" INCLUDES THE INDIVIDUAL SHAREHOLDERS, PRINCIPALS,
PARTNERS, OR MEMBERS OF SUCH ENTITY. IF THE TITLE TO REAL PROPERTY
IS HELD IN TRUST, "OWNER" INCLUDES A BENEFICIARY OF
SUCH TRUST.
(h) "PARCEL OF PRIVATE PROPERTY"
MEANS EITHER OF THE FOLLOWING, AT THE OPTION OF THE OWNER OR LESSEE
THEREOF:
(I) A PARCEL OF PRIVATE PROPERTY THAT
HAS BEEN INDIVIDUALLY RECORDED IN THE OFFICE OF THE COUNTY CLERK
IN THE COUNTY IN WHICH THE PARCEL IS LOCATED; OR
(II) A SINGLE, CONTIGUOUS PARCEL OF PRIVATE
PROPERTY UNDER ONE OWNERSHIP OR LEASE.
(i) "PRIMARILY USED FOR COMMERCIAL
LIVESTOCK OR CROP PRODUCTION" MEANS USED TO PRODUCE AGRICULTURAL
PRODUCTS THAT ORIGINATE FROM THE LAND'S PRODUCTIVITY FOR THE PRIMARY
PURPOSE OF OBTAINING A MONETARY PROFIT.
(j) "PRIVATE PROPERTY" MEANS
REAL PROPERTY WHOSE RECORD TITLE IS NOT HELD, WHOLLY OR IN PART,
BY ANY STATE, LOCAL, OR FEDERAL GOVERNMENT OR AGENCY THEREOF.
(3) THE DIVISION AND, IN THE CASE OF DEPREDATING
ANIMALS AS DEFINED IN SECTION 3540100.2 (4), C.R.S.,
THE DEPARTMENT OF AGRICULTURE SHALL HAVE THE AUTHORITY TO ADOPT
AND ENFORCE REASONABLE RULES GOVERNING TRAPPING, SNARING, AND
POISONING ACTIVITY UNDER SUBSECTION (1) OF THIS SECTION. SUCH
RULES MAY INCLUDE, WITHOUT LIMITATION, REASONABLE RESTRICTIONS
ON THE DEVICES AND, TO THE EXTENT PERMISSIBLE UNDER SECTION 336209,
THE POISONS TO BE USED AND THE MANNER OF THEIR USE, INCLUDING
A REQUIREMENT FOR SERIAL NUMBERING OR OTHER IDENTIFICATION OF
DEVICES IF SUCH IS DEEMED NECESSARY OR DESIRABLE. THE GENERAL
ASSEMBLY SPECIFICALLY ENDORSES THE IMPLEMENTATION OF A COORDINATED
TRADEIN OR POOLING PROGRAM TO ENCOURAGE THE PHASING OUT
OF OLDER, LESS HUMANE DEVICES AND THE USE, IN THEIR PLACE, OF
NEWER, MORE HUMANE ONES.
336208. Thirtyday period administration conditions precedent to use of exemption. (1) FOR PURPOSES OF THE EXEMPTION SPECIFIED IN SECTION 336207:
(a) WHERE AN OWNER OR LESSEE RAISES LIVESTOCK
OR CROPS ON TWO OR MORE SEPARATE PARCELS OF PRIVATE PROPERTY,
THE EXEMPTION STATED IN SECTION 336207 SHALL APPLY
SEPARATELY TO EACH PARCEL.
(b) THE DIVISION SHALL VERIFY THAT THE
OWNER OR LESSEE HAS MADE REASONABLE EFFORTS TO ALLEVIATE ONGOING
DAMAGE TO LIVESTOCK OR CROPS THROUGH REASONABLE EFFORTS USING
METHODS OTHER THAN THOSE PROHIBITED BY SECTION 336203.
THE USE OF AT LEAST TWO OF THE FOLLOWING METHODS SHALL BE PRESUMED
TO REPRESENT REASONABLE EFFORTS:
(I) ROUTINE GATHERING OF LIVESTOCK IN
AREAS WHERE PREDATORS ARE KNOWN TO BE PRESENT;
(II) THE USE OF GUARD ANIMALS;
(III) THE USE OF FLASHING LIGHTS, BOOM
GUNS, OR OTHER SCARE TACTICS;
(IV) THE PRESENCE OF HUMAN HERDERS OR
GUARDS;
(V) ANY OTHER INDUSTRYACCEPTED METHOD
THAT IS EFFECTIVE IN REDUCING LOSSES AND WHOSE USE IS APPROVED
BY THE AGRICULTURE COMMISSION AND THE WILDLIFE COMMISSION FOR
THAT PURPOSE.
(c) (I) AN OWNER OR LESSEE SEEKING
TO USE THE EXEMPTION STATED IN SECTION 336207 SHALL
NOTIFY THE DIVISION BY TELEPHONE, TELEFACSIMILE, OR FIRSTCLASS
MAIL BEFORE THE BEGINNING OF EACH PERIOD DURING WHICH TRAPPING,
SNARING, OR POISONING ACTIVITY IS TO TAKE PLACE. WITHIN TEN DAYS
AFTER GIVING SUCH NOTICE, THE OWNER OR LESSEE SHALL PROVIDE THE
DIVISION WITH A WRITTEN CERTIFICATION THAT THERE EXISTS ONSITE
EVIDENCE OF ONGOING DAMAGE TO LIVESTOCK OR CROPS AND THAT THE
OWNER OR LESSEE HAS MADE REASONABLE EFFORTS TO ALLEVIATE SUCH
DAMAGE BY THE USE OF ALTERNATIVE METHODS.
(II) THE OWNER OR LESSEE NEED NOT PRESENT ONSITE EVIDENCE OF DAMAGE OR OF REASONABLE EFFORTS USING ALTERNATIVE METHODS BEFORE COMMENCING TRAPPING, SNARING, OR POISONING ACTIVITY, BUT THE OWNER OR LESSEE SHALL BE PREPARED TO DO SO UPON REQUEST OF THE DIVISION AT ANY TIME WITHIN THE THIRTYDAY PERIOD. THE DIVISION MAY, AT ITS OPTION, SEND AN EMPLOYEE OR AGENT TO VISIT THE SITE AND VERIFY COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION AND OF SECTION 336207.
336209. Poisons
labeling definition. (1) NEITHER
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR ANY OTHER STATE
OR LOCAL AGENCY SHALL IMPOSE OR CONTINUE IN EFFECT A LABELING
REQUIREMENT FOR POISONS THAT DIFFERS FROM THE REQUIREMENTS IMPOSED
BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR BY THE
"PESTICIDE ACT", ARTICLE 9 OF TITLE 35, C.R.S.
(2) FOR PURPOSES OF THIS SECTION, "POISON"
MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES INTENDED FOR DESTROYING
WILDLIFE, WHICH SUBSTANCE OR MIXTURE OF SUBSTANCES IS REGISTERED
OR REQUIRED TO BE REGISTERED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY OR BY THE "PESTICIDE ACT", ARTICLE
9 OF TITLE 35, C.R.S.
SECTION 2. Appropriations.
(1) In addition to any other appropriation, there is
hereby appropriated, out of any moneys in the wildlife cash fund,
to the department of natural resources for allocation to the division
of wildlife, for the fiscal year beginning July 1, 1997, the sum
of fortysix thousand four hundred dollars ($46,400) and
1.1 FTE, or so much thereof as may be necessary, for the implementation
of this act.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the general
fund not otherwise appropriated, to the department of agriculture,
for the fiscal year beginning July 1, 1997, the sum of sixtyfive
thousand nine hundred seventythree dollars ($65,973), or
so much thereof as may be necessary, for the implementation of
this act.
(3) In addition to any other appropriation,
there is hereby appropriated, to the department of law, for the
fiscal year beginning July 1, 1997, the sum of two thousand three
hundred seventythree dollars ($2,373), or so much thereof
as may be necessary, for the provision of legal services to the
department of agriculture for the purposes of this act. Such sum
shall be from general funds received by the department of agriculture
out of the appropriation made in subsection (2) of this section.
SECTION 3. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO