2 Colo. Code Regs. § 406-0-012

Current through Register Vol. 48, No. 1, January 10, 2025
Section 2 CCR 406-0-012 - POSSESSION OF AQUATIC WILDLIFE
A. Except as provided in these regulations or authorized by the Division or under Title 33 or Title 35 C.R.S., it shall be unlawful for any person to possess any live native or nonnative aquatic wildlife in Colorado.
B. No person shall, at any time, have in possession or under their control any wildlife caught, taken or killed outside of this state which were caught, taken or killed at a time, in a manner, for a purpose, or in any other respect which is prohibited by the laws of the state, territory or country in which the same were caught, taken or killed; or which were shipped out of said state, territory or country in violation of the laws thereof.
C. The following aquatic wildlife may be possessed by any person in the State of Colorado:
1. Amphibians
a. Bullfrogs. Possession of this species is subject to the restrictions set forth in Chapter W-1, #104.H.4 and #107.A.1.m of these regulations.
b. Aquatic gilled forms of tiger salamanders. Possession of this species is subject to the restrictions set forth in Chapter W-1, #104.H.4 and #107.A.1.o of these regulations.
c. Any amphibians allowed under Chapter W-10, #1000.A.6 of these regulations.
d. Any amphibian designated as unregulated wildlife under Chapter W-11, #1103.B of these regulations.
2. Crustaceans
a. The following crustaceans may be possessed east of the Continental Divide:
i. Virile crayfish
ii. Waternymph crayfish
iii. Calico crayfish
iv. Ringed crayfish
v. Southern plains crayfish
b. The following crustaceans may be possessed on either side of the Continental Divide:
i. Freshwater shrimp
ii. Commercially available brine shrimp
iii. Commercially available krill
iv. Subject to the requirements of #010 and #011, red swamp crayfish (Procambarus clarkii) for purposes of importing, transporting, or possessing the species for human consumption, provided the following criteria are satisfied:
a. no person may possess an individual of the species alive for more than 72 hours; and
b. any person who possesses the species alive must have:
i. a copy of an importation license issued under #011 that authorizes the importation of the crayfish in the person's possession; and
ii. a receipt or delivery confirmation reflecting the date the person took possession of the crayfish.
3. Fish. Possession of these species is subject to the restrictions set forth in Chapter W-1 of these regulations.
a. Brown, brook, cutthroat, golden, lake and rainbow trout, and their hybrids
b. Arctic char
c. Grayling
d. Kokanee salmon
e. Whitefish
f. Sculpin
g. Smallmouth, largemouth, spotted, striped, and white bass
h. Wipers
i. Common carp
j. Triploid grass carp
k. Bullhead, blue, channel, and flathead catfish
l. Black and white crappie
m. Drum
n. Northern pike
o. Tiger muskie
p. Sacramento and yellow perch, and their hybrids
q. Sauger and saugeye
r. Speckled dace
s. Rainbow smelt
t. Tench
u. Walleye
v. Bluegill and bluegill hybrids
w. Green, redear and pumpkin-seed sunfish
x. Gizzard shad
y. Longnose and white suckers
z. Fathead minnow
aa. Families of fish classified Cyprinidae except for bighead carp, black carp, and silver carp.
bb. Any fish designated as unregulated wildlife under Chapter W-11, #1103.B of these regulations.
D. In addition to those species identified in Chapter W-0, #012.C, any Food Production Facility may possess the following aquatic wildlife in the State of Colorado:
1. Fish
a. Blue tilapia and their hybrids
b. Mozambique tilapia and their hybrids
c. Nile tilapia and their hybrids
d. Barramundi
e. Any other fish that the Division, after consultation with the Colorado Fish Health Board determines can securely be kept within a Food Production Facility and which does not present a risk to native species, their habitat, the aquatic environment, or other Food Production Facilities.
2. Crustacea
a. Redclaw crayfish
E. The possession of any aquatic wildlife in the State of Colorado not listed in this section #012 is unlawful unless otherwise authorized by the provisions of Chapter W-11 of these regulations pertaining to unregulated wildlife, or Chapter W-13 of these regulations ("Possession of Wildlife, Scientific Collecting and Special Licenses"). Any person who takes any fish species from the wild in Colorado not listed in this section may take and possess them year round and in any quantity for personal use, provided that the fish are not listed as nongame, threatened, or endangered under Chapter W-10 and provided that the fish are killed prior to transportation from the point of take.
F. No person shall import, transport, possess, or release any aquatic nuisance species (ANS) except as authorized by the Division or permit issued under Title 35 C.R.S.

2 CCR 406-0-012

37 CR 15, August 10, 2014, effective 9/1/2014
38 CR 03, February 10, 2015, effective 3/2/2015
38 CR 07, April 10, 2015, effective 5/1/2015
38 CR 19, October 10, 2015, effective 11/1/2015
39 CR 03, February 10, 2016, effective 3/1/2016
39 CR 07, April 10, 2016, effective 5/1/2016
39 CR 13, July 10, 2016, effective 8/1/2016
40 CR 03, February 10, 2017, effective 3/2/2017
40 CR 23, December 10, 2017, effective 12/30/2017
41 CR 03, February 10, 2018, effective 3/2/2018
41 CR 07, April 10, 2018, effective 5/1/2018
41 CR 13, July 10, 2018, effective 8/1/2018
41 CR 23, December 10, 2018, effective 1/1/2019
42 CR 03, February 10, 2019, effective 3/2/2019
42 CR 11, June 10, 2019, effective 7/1/2019
42 CR 18, September 25, 2019, effective 11/1/2019
42 CR 23, December 10, 2019, effective 1/1/2020
43 CR 03, February 10, 2020, effective 3/1/2020
43 CR 11, June 10, 2020, effective 6/30/2020
43 CR 19, October 10, 2020, effective 11/1/2020
44 CR 03, February 10, 2021, effective 3/2/2021
44 CR 07, April 10, 2021, effective 5/1/2021
44 CR 19, October 10, 2021, effective 11/1/2021
44 CR 23, December 10, 2021, effective 1/1/2022
45 CR 03, February 10, 2022, effective 3/2/2022
45 CR 11, June 10, 2022, effective 7/1/2022
45 CR 15, August 10, 2022, effective 9/1/2022
45 CR 23, December 10, 2022, effective 1/1/2023
46 CR 03, February 10, 2022, effective 3/2/2023
46 CR 07, April 10, 2023, effective 5/1/2023
46 CR 23, December 10, 2023, effective 1/1/2024