Colorado § 33-2-104 - Nongame species - regulations.

§ 33-2-104. Nongame species - regulations.

(1) The division shall conduct investigations on nongame wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations, the commission shall issue regulations and develop management programs designed to ensure the continued ability of nongame wildlife to perpetuate themselves successfully. Such regulations shall set forth species or subspecies of nongame wildlife which the commission deems in need of management pursuant to this section, giving their common and scientific names by species and, where necessary, by subspecies. The commission shall conduct ongoing investigations of nongame wildlife and may from time to time amend such regulations by adding or deleting therefrom species or subspecies of nongame wildlife.

(2) The commission shall by regulation establish limitations relating to the taking, possession, transportation, exportation, processing, sale or offering for sale, or shipment as may be deemed necessary to manage nongame wildlife.

(3) Except as provided in regulations issued by the commission, it is unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife deemed by the commission to be in need of management pursuant to this section. Subject to the same exception, it is also unlawful for any common or contract carrier to knowingly transport or receive for shipment nongame wildlife deemed by the commission to be in need of management pursuant to this section.

Source: L. 84: Entire article R&RE, p. 863, § 1, effective January 1, 1985.

Editor's note: This section is similar to former § 33-8-104 as it existed prior to 1984.

ANNOTATION

Defendant cannot be found guilty of taking protected wildlife without authorization where the taking was accomplished by events beyond the defendant's control. A rainstorm, and not defendant's own conduct, caused one of defendant's wastewater containment ponds to flood into a river and kill fish downstream. Dept. of Nat. Res. v. 5 Star Feedlot, 2021 CO 27, 486 P.3d 250.