2 Colo. Code Regs. § 406-11-1113
Current through Register Vol. 48, No. 1, January 10, 2025
Section 2 CCR 406-11-1113 - ESCAPE OF CAPTIVE WILDLIFEA. Wildlife which are illegally possessed or have escaped the owner's control, including any breach of a fenced enclosure on the facility (either from a temporary holding enclosure or a primary enclosure), and which are determined by the Division to be detrimental to native wildlife, habitat or other wildlife resources by threat of predation, the spread of disease, habitat competition, interbreeding with native wildlife, or other significant damage, may be seized, captured or, where necessary, destroyed by the Division or any peace officer for the purpose of protecting and preserving Colorado's wildlife and their environment. The Division shall consider such wildlife to be a public nuisance and seek to hold the owner thereof responsible for any costs incurred in recovering, maintaining, or disposing of such wildlife in accordance with 33-1-106(3)(c), as well as any damages to the State's wildlife resources under appropriate statutory and common law. Escapes, which includes any breach of a fenced enclosure on the facility (either from a temporary holding enclosure, a primary enclosure or cage during transport), of native big game animals, felines, canids, or any exotic wildlife shall be reported to the Division and the local law enforcement agency within 24 hours of discovery of the loss.B. Most Restrictive Federal or State Law- In all cases of licensing, taking, possession, importation, exportation, release, marking and sale of wildlife, the most restrictive state or federal law shall apply.38 CR 07, April 10, 2015, effective 5/1/201538 CR 19, October 10, 2015, effective 11/1/201539 CR 11, June 10, 2016, effective 7/1/201644 CR 23, December 10, 2021, effective 1/1/202245 CR 15, August 10, 2022, effective 9/1/202245 CR 23, December 10, 2022, effective 1/1/2023