8 Colo. Code Regs. § 1205-2, pt. 6
Current through Register Vol. 47, No. 18, September 25, 2024
6.1. Alternative livestock facilities must be fenced sufficiently to prohibit ingress or egress of wild cervids and alternative livestock. At a minimum, fences must extend at least eight (8) feet above ground level with at least six (6) feet of mesh (maximum mesh size shall be 12-1/2' × 7'). The remaining two (2) feet may be smooth, barbed or woven wire with strands spaced not more than ten (10) inches apart. Construction shall begin no more than two (2) inches above the ground with the mesh portion of the fence beginning no more than 4 inches above the ground. All gates entering animal holding facilities that contain animals must be locked, or must consist of consecutive (double), or self-closing gates. Posts must be four (4) inch minimum diameter wooden or equivalent and spaced no more than 50 feet apart (60 foot spacing is allowed if there are at least two (2) steel posts between the wood posts). There must be a post or stay (wood or steel) every 20 feet. Posts must be at least eight (8) feet above ground level. Corners and gate openings must be constructed of braced wood or equivalent material. Such fences must be maintained at all times such that their ability to prevent ingress or egress, as determined by the Board or its designee, is not impaired.6.2. All alternative livestock facilities constructed after July 30, 2003 shall be subject to the following requirements:(a) No new alternative livestock facility license shall be granted absent compliance with the procedures set forth in this Part 6.2 of the Rule. The procedures are intended to ensure that facilities are constructed in such a manner as to mitigate adverse impacts on wild cervid migration patterns and will not result in the preventable capture of wild cervids.(b) Applicants for licenses shall submit to the Board a facility plan designed to comply with Part 6.2 (a) above. The Board shall give 10 days notice to the applicant and CPW of an onsite meeting to consider the proposed facility.(c) Applicants must meet with representatives of the Board and CPW at the site of the proposed facility to discuss the facility plan and review the approximate location of the facility exterior perimeter. Any license issued by the Board shall be conditioned upon compliance with CPW recommendations to mitigate adverse impacts on wild cervid migration patterns. Notwithstanding the foregoing, the fact that longer but reasonably available and suitable migration paths will result from construction of a proposed alternative livestock facility shall not, by itself, constitute a basis for denial of the license application.(d) Any license granted by the Board must be conditioned upon compliance with CPW recommendations intended to minimize any capture of wild cervids at the time of closing the gates to the proposed facility. Applicants must pay the costs of removing wild cervids entrapped in a proposed alternative livestock facility, provided that such costs bear a reasonable relationship to the benefit to be received by the state. Any wild cervids remaining within the alternative livestock facility after closure of the gates must be removed consistent with a plan submitted by the applicant and approved by the Board and CPW. Such plan may include among other things; the permitted methods licensee shall use to encourage any remaining wild cervids to vacate the facility; the number of public hunters which may be licensed by CPW to expeditiously harvest any wild cervids remaining in the facility; other conditions relative to controlling access and impacts by public hunters on the facility and the time frame for completion of the removal process. Where complete removal is not possible the state must be fully compensated pursuant to C.R.S. 33-6-110.(e) Except as otherwise provided in this Part 6.2(e) of the Rule, facilities constructed after July 30, 2003 must be constructed with a double fence or second barrier if such second barrier will be effective in preventing the ingress and egress of alternative livestock and wild cervids. Applicants for an alternative livestock facility license shall bear the cost of construction of such double fence or second barrier, and the proposed double fence or second barrier must be approved by the Board. In reviewing an application for construction of a double fence or second barrier, the Board will take into account any recommendations offered by the CPW. Applicants may petition the Board for a variance from the double fence or second barrier requirement when the proposed facility is located in a game management unit where CWD is not known to exist in wild or captive cervid populations. The Board may also consider a variance request in any game management unit in which the prevalence rate for CWD in the wild cervid population does not exceed 1%. In reviewing a variance request the Board shall consider all relevant factors and must determine that the risk of CWD exposure to alternative livestock and wild cervids is negligible should such variance be granted. Such factors shall include but are not limited to topography of the proposed facility, the quality of the first perimeter fence, risk of ingress and egress by alternative livestock animals and wild cervids, and potential for CWD to spread to the area of the proposed facility. Upon granting the variance and prior to licensing the Board shall seek a determination from CPW as to whether that agency deems the risk of CWD sufficient in CPW's opinion to require a second fence or barrier, notwithstanding that the criteria for grant of the waiver has been met. Should CPW wish that a second fence or barrier be constructed nonetheless, then such construction shall be undertaken at CPW's expense, and the Board shall require as a condition of the license an agreement by the applicant to grant CPW an easement for the purpose of constructing and maintaining the second fence or barrier.(f) All facilities constructed after July 30, 2003 must comply with applicable state and federal water regulations concerning run off water from animal concentration areas.6.3. Internal handling facilities shall be capable of humanely restraining an individual animal for applying or reading any animal identification, taking blood or tissue samples, or other required testing. Any such restraint shall be properly constructed to protect inspection personnel while handling the animals.6.4. Licensees must provide an isolation or quarantine holding facility that is adequate to contain the animals and provide proper feed, water, and other care necessary for the physical wellbeing of the animal for the period of time necessary to separate the animal and adequate to prevent nose to nose contact with other cervids.6.5 The Board will consider the ingress or egress of wild cervids or alternative livestock other than through gates to be presumptive evidence that a licensee's perimeter fence is inadequate. In such event, the Board may issue an order to show cause why the license for a facility should not be revoked and may conduct a hearing for the purpose of making that determination. The Board may reschedule or dismiss such hearing if such licensee promptly submits a plan to the Board and CPW for remedial action that the Board deems practical and worthy of consideration. The Board will give CPW 10 days notice of (1) the date and time on which representatives of the Board will inspect the facility and evaluate the licensee's remedial plan, and (2) the rescheduled date on which the Board will conduct any hearing held under this Part 6.5 of this Rule. The Board will consult with CPW prior to the scheduled date of such show cause hearing. If the Board does not order revocation of such license, the Board may order such licensee to construct a second barrier at the licensee's expense or take other action deemed appropriate by the Board.6.6 Expansions or additions to any existing licensed facility perimeter fence must be approved by the Board prior to commencement of construction. Applicable sections of this Part 6 of the Rule shall apply to any expansions or additions.6.7 Expansions or additions of existing licensed facilities must be inspected by a brand inspector prior to release of alternative livestock into the addition or expansion.39 CR 01, January 10, 2016, effective 1/30/2016