33-4-102. Types of licenses and fees - repeal.

(1) Except as otherwise provided in subsection (1.6) of this section, the division is authorized to issue the following resident and nonresident licenses and shall collect the following fees therefor:

Fees

Resident Nonresident

(a) to (p) Repealed.

(q) Bonus trout stamps $11.00 $11.00

(r) to (u) Repealed.

(v) 3-year possession/hunting

raptor license $100.00 Not available

(w) Annual possession/hunting

raptor license Not available $55.00

(x) Repealed.

(y) Peregrine falcon capture license $200.00 Not available

(1.1) to (1.3) Repealed.

(1.4) The division is authorized to issue the following resident and nonresident licenses and shall collect the following fees therefor, except as otherwise provided pursuant to subsection (1.6) of this section:

Fees

Resident Nonresident

(a) Extra rod stamp $ 5.00 $ 5.00

(b) Fishing - 1 day 8.00 8.00

(c) Fishing - 5 days Not available 20.00

(d) Fishing - annual 25.00 55.00

(e) Senior annual fishing Free Not available

(f) Small game hunting 20.00 55.00

(g) Small game - 1 day 10.00 10.00

(h) Furbearer license 25.00 200.00

(i) (Deleted by amendment, L. 94, p. 1320, § 3, effective May 22, 1994.)

(j) Turkey, fall 15.00 100.00

(j.3) Turkey, spring 20.00 100.00

(j.6) Turkey (youth) 10.00 75.00

(k) Combination fishing and

small game hunting 40.00 Not available

(l) Pronghorn 30.00 270.00

(m) Bear, fall 40.00 450.00

(n) Repealed.

(o) Deer 30.00 270.00

(p) Elk 45.00 450.00

(q) Mountain goat 250.00 1,500.00

(r) Moose 250.00 1,500.00

(s) Mountain lion 40.00 450.00

(t) Rocky mountain bighorn

sheep 250.00 1,500.00

(u) Desert bighorn sheep 250.00 1,000.00

(v) (I) Resident low-income

senior lifetime fishing Free Not available

(II) (Deleted by amendment, L. 97, p. 766, § 1, effective May 1, 1997.)

(w) Youth big game (deer,

elk, pronghorn) 10.00 each 100.00 each

(x) Youth small game hunting 1.00 1.00

(y) Colorado wildlife habitat

stamp, purchased without

a hunting or fishing license 10.00 10.00

Editor's note: This version of paragraph (y) is effective until July 1, 2010.

(y) (I) Colorado wildlife habitat

stamp, purchased without

a hunting or fishing license 10.00 10.00

(II) This paragraph (y) is repealed, effective July 1, 2010.

Editor's note: This version of paragraph (y) is effective July 1, 2010.

(z) Colorado wildlife habitat

stamp, purchased in conjunction

with the purchase of a hunting

or fishing license 5.00 5.00

Editor's note: This version of paragraph (z) is effective until April 1, 2011.

(z) Colorado wildlife habitat

stamp, purchased in conjunction

with the purchase of a hunting

or fishing license 10.00 10.00

Editor's note: This version of paragraph (z) is effective April 1, 2011.

(aa) "Lifetime" Colorado

wildlife habitat stamp 200.00 200.00

Editor's note: This version of paragraph (aa) is effective until April 1, 2011.

(aa) "Lifetime" Colorado

wildlife habitat stamp 300.00 300.00

Editor's note: This version of paragraph (aa) is effective April 1, 2011.

(1.5) (Deleted by amendment, L. 2005, p. 469, § 1, effective January 1, 2006.)

(1.6) (a) By promulgation of appropriate rule, the commission may from time to time authorize the issuance of any of the licenses provided for in this section for a fee less than that specified in this section, and may by promulgation of appropriate rule later raise such license fee up to the statutory limit, when in the judgment of the commission one of the following conditions applies:

(I) When the commission determines that it would be beneficial to issue such license in conjunction with another type of license and creates a combination license;

(II) When the commission determines it is proper for management of the division or otherwise beneficial to the management of state wildlife resources. Licenses so discounted may be limited to certain geographic areas, by sex, or as otherwise deemed appropriate by the commission.

(III) When the commission determines that an activity is regulated at both the state and federal levels and that issuance of a multi-year state license or collection of a reduced state annual license fee, or both, would help to coordinate such state and federal regulation and reflect the administrative cost savings realized through such coordination;

(IV) When the commission determines pursuant to section 24-75-402 (3), C.R.S., that a reduction in the amount of the fee is necessary to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the cash fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.

(b) The nonresident big game fees described in subsection (1.4) of this section shall annually be adjusted in accordance with changes in the United States bureau of labor statistics consumer price index for the Denver-Boulder-Greeley consolidated metropolitan statistical area for all urban consumers and all goods or its successor index. Such adjustment shall not be effective until the commission notifies the joint budget committee of such adjustment.

(c) The commission may, by appropriate rule, set fees for Colorado wildlife passports pursuant to section 33-4-102.7 (4) (b) (I).

Editor's note: Paragraph (c) is effective July 1, 2010.

(1.7) Nothing in this section shall be construed to invalidate any senior lifetime license previously issued by the division.

(1.8) Any moneys realized as a result of the fee increases related to fishing specified in subsection (1.4) of this section shall be allocated for use in the fisheries and hatcheries presently operated by the division.

(2) Except as otherwise provided in subsection (1.6) of this section, the division is authorized to issue the following special licenses and shall collect the following fees therefor:

Fees

(a) Scientific collecting license for the collection of wildlife species

outside of established seasons and bag limits$ 20.00

(b) Importation license, issued for the purpose of importing wildlife

into the state50.00

(c) Field trial license15.00

(d) Commercial lake license, issued for the operation of privately

owned lakes for purposes of charging customers to fish; no live fish or viable

gametes may be sold or transported from the premises150.00

(e) Private lake license, issued for the operation of privately owned

lakes for the purpose of fishing when no fee is charged; no fish or gametes

may be sold or live fish or viable gametes transported from the premises10.00

(f) Commercial wildlife park license, issued for the operation of

privately owned wildlife parks and for related buying, selling, or trading of

lawfully acquired wildlife or for charging customers to hunt on such a park100.00

(g) Noncommercial park license, issued to persons who wish to

keep lawfully acquired native birds except raptors as pets20.00

(h) (Deleted by amendment, L. 91, p. 199, § 4, effective June 7, 1991.)

(i) Wildlife sanctuary license100.00

(3) Any license issued by the division for which a fee is not provided in subsection (1) or (2) of this section shall not exceed forty dollars.

(4) Repealed.

(5) Any person may obtain more than one one-day or five-day fishing license during a calendar year. The effective date shall appear on every such fishing license. Said date may be the date it is procured or any future date during the fishing season specified by the license.

(6) (a) Moneys received in payment for any licenses issued under this title shall not be refunded except for proven error committed by the division in issuing licenses or upon the death of a licensee in possession of a big game license if death occurs before the starting date of the season specified on said license or if authorized by the director under rules of the commission.

(b) Where a licensee is a member of the United States armed forces and subsequent to the purchase of a 1990 big game hunting license is sent abroad on behalf of the armed forces, such licensee shall be entitled to a refund of the fee for such license or licenses held in the name of such licensee. Furthermore, the spouse of a deceased licensee may file a written request for a refund with the licensing authority. A refund shall not be available where such licensee is in Colorado for any part of the effective period of the license held pursuant to this article. To receive a refund pursuant to this paragraph (b), such licensee shall file a written request, including evidence that the licensee meets the requirements of this section, with the licensing authority either before departure or within six months after such licensee's return to the state of Colorado.

(7) Any person claiming residency in Colorado as set forth in section 33-1-102, for the purpose of purchasing a resident license of any kind, must produce evidence of such residency at the time of purchase.

(8) In the event of the loss, theft, or destruction of a small game, fishing, furbearer, or combination small game and fishing license, the person to whom the license was issued may purchase a new license from any license agency or may obtain a duplicate license from the division upon payment of a fee, not to exceed five dollars, to be established by the commission by rule and regulation and completion of an affidavit as set forth below. In the event of the loss, theft, or destruction of any other license issued by the division, the person to whom the license was issued may receive a duplicate license from the division upon payment of a fee of fifty percent of the cost of the original license, not to exceed twenty-five dollars, and completion of an affidavit stating where and by whom said license was issued and the circumstances under which said license was lost, stolen, or destroyed. In the event the division determines that the original license has been lost or destroyed in the mail, the person to whom the license was issued may obtain a duplicate license from the division without charge by submitting to the division a signed affidavit stating that such license was never received.

(8.5) (a) Except for the annual Colorado wildlife habitat stamp and the lifetime Colorado wildlife stamp, a surcharge of seventy-five cents shall be assessed on each license listed in subsection (1.4) of this section that is sold by the division or one of its license agents pursuant to section 33-4-101. Revenues derived from the assessment of such surcharge, together with any interest earned thereon, shall be deposited in the wildlife management public education fund created in section 33-1-112 (3.5) (a).

(b) to (e) (Deleted by amendment, L. 2005, p. 469, § 1, effective January 1, 2006.)

(9) All licenses issued pursuant to this section shall expire on the date written or printed thereon, unless otherwise provided by the commission or board or by any other law.

(10) Repealed.

(11) With respect to licenses which are issued in limited numbers for the taking of game wildlife, the division is authorized to collect from each license applicant a nonrefundable processing fee not to exceed three dollars.

(12) (a) A person holding a valid aquaculture facility permit pursuant to section 35-24.5-109, C.R.S., may charge a fee for fishing at the production facility; no state fishing license is required.

(b) Several satellite stations of a fish production facility may operate under one aquaculture license provided all such satellite stations are listed on such license.

(13) (a) The commission shall establish a license classification for zoological parks. Each licensed zoological park shall be subject to the following requirements:

(I) The primary purpose of the park shall be the exhibition of captive wild or exotic animals for the education of the general public; except that this subparagraph (I) shall not be construed to prohibit the carrying on of reasonable incidental activities such as propagation, purchase, sale, and exchange of animals;

(II) The park shall be operated under the direction of a professional staff that has generally recognized formal or practical training in the husbandry of the types of animals kept in the park;

(III) The park shall have a state-licensed veterinarian on staff or under contract with the park and available to provide professional consultation and care when needed;

(IV) The park shall maintain regular hours during which it is open to the public;

(V) The animals kept at the park shall be confined by at least one fence or other enclosure surrounding the area in which they are housed or displayed and by at least one additional fence, no less than eight feet in height, surrounding the perimeter of the park.

(b) A licensed zoological park may move animals within Colorado in connection with the buying, selling, exchanging, or loaning of such animals with another licensed or accredited zoological park or in connection with the export of such animals from Colorado.

(c) No licensed zoological park may import non-cervid ruminants or camelids into Colorado unless, in each such instance, the animal has been subjected to the following process:

(I) Before importation, the animal is tested for tuberculosis and found not to be infected;

(II) After such test, the animal is imported and held in isolation in an isolation facility for a continuous period of least sixty days; and

(III) After the end of such isolation period, the animal is again tested for tuberculosis. If the test result is negative, the animal may then be incorporated into the animal population of the park.

(d) Importation and testing of cervid animals by licensed zoological parks shall be subject to regulation by the division.

(e) A license issued to a zoological park shall cover the park and also other property used in conjunction with the park for the selling, buying, brokering, trading, or breeding of or caring for animals used at the park. Animals may be moved between the park and such other property as may be reasonably necessary for the operation of the park.

(f) The annual fee for a zoological park license shall not exceed the annual fee for a commercial park license.

(g) (I) Except as provided in subparagraph (II) of this paragraph (g), this subsection (13) does not apply to any zoological park that is accredited by the American zoo and aquarium association. Any intrastate transfer and movement of wildlife by a zoological park accredited by the American zoo and aquarium association to another zoological park accredited by the American zoo and aquarium association is not subject to the rules of the commission regarding movement and disease testing.

(II) Any intrastate transfer and movement of wildlife by a zoological park accredited by the American zoo and aquarium association to any person or entity not accredited by the American zoo and aquarium association is subject to the rules of the commission regarding movement and disease testing.

(14) (a) The commission shall establish a license classification for wildlife sanctuaries. Each license for a wildlife sanctuary shall be subject to the following requirements:

(I) The purpose of the wildlife sanctuary shall be to operate as a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided care for their lifetime;

(II) The wildlife sanctuary shall be operated under the direction of a professional staff that has generally-recognized formal or practical training in the husbandry of the types of wildlife kept at the sanctuary; and

(III) The wildlife sanctuary shall have a state-licensed veterinarian on staff or under contract with the sanctuary and available to provide professional consultation and care when needed.

(b) An application for a license for a wildlife sanctuary shall include the following:

(I) The name, complete street address, mailing address if different from the street address, and telephone number of the facility;

(II) Evidence of the wildlife sanctuary's status under section 501 (c) (3) of the federal "Internal Revenue Code";

(III) The specific location where wildlife is housed;

(IV) The current wildlife inventory, including the common and scientific name, gender, age, and origin of each animal; and

(V) A signed statement by a licensed veterinarian stating the veterinarian is the veterinarian of record for the applicant and the veterinarian's complete address, telephone number, and license number. The veterinarian shall certify that the veterinarian has observed each of the applicant's animals at least once during the previous three months and that the wildlife have been appropriately immunized and cared for.

(c) The annual fee for a license for a wildlife sanctuary shall not exceed one hundred dollars.

(15) Notwithstanding any provision of this article to the contrary, revenue generated from the fees increased by House Bill 05-1266, enacted at the first regular session of the sixty-fifth general assembly, shall be used to implement key priorities in the commission's strategic plan.

Source: L. 69: R&RE, p. 435, § 1. C.R.S. 1963: § 62-11-2. L. 72: p. 333, § 30. L. 75: Entire section R&RE, p. 1317, § 1, effective July 14. L. 77: (1)(g) and (1)(h) amended, p. 1541, § 2, effective January 1, 1978. L. 79: (1)(s) and (2) amended and (4) added, p. 1236, § 1, effective January 1, 1980. L. 82: (1)(s) and (2) RC&RE, p. 518, § 1, effective March 11. L. 83: Entire section R&RE, p. 1287, § 1, effective January 1, 1984. L. 84: (4) and (7) amended and (10) repealed, pp. 920, 925, §§ 4, 19, effective January 1, 1985. L. 87: (11) added, p. 1268, § 1, effective January 1, 1988. L. 89: (1.1) to (1.8) added, and (5) and (8) amended, pp. 1343, 1345, §§ 4, 5, effective July 1; (1)(x) added, p. 1347, § 1, effective February 1, 1990. L. 90: (2)(d) and (2)(e) amended and (2)(h) and (12) added, p. 1530, §§ 1, 2, effective January 1, 1991. L. 91: (6) amended, p. 1412, § 1, effective April 4; (4) repealed, p. 1920, § 47, effective June 1; (2)(h) and (12)(a) amended, p. 199, § 4, effective June 7. Initiated 92: (1)(n) repealed, effective January 14, 1993. L. 93: (1.4)(v) added, p. 431, § 2, effective April 19. L. 94: (1.4)(i) amended and (1.4)(w) and (1.4)(x) added, p. 1220, § 3, effective May 22; (1.4)(n) repealed, p. 1644, § 73, effective May 31; (1.6)(c) and (13) added and (6)(a) amended, pp. 1578, 1579, §§ 4, 5, effective May 31. L. 95: (13)(b) amended and (13)(g) added, p. 17, § 1, effective March 9. L. 97: (1.4)(v) amended, p. 766, § 1, effective May 1. L. 98: IP(1), (1.5), (1.6), and IP(2) amended, p. 1338, § 57, effective June 1. L. 99: (8.5) added, p. 1396, § 3, effective June 4. L. 2000: (1.4)(l), (1.4)(m), (1.4)(o) to (1.4)(t), (1.4)(w), and (1.6) amended, p. 1405, § 1, effective May 30. L. 2001: IP(1.6)(a) and (1.6)(a)(II) amended, p. 40, § 1, effective March 11. L. 2003: IP(1.4) and (1.4)(x) amended, p. 1031, § 8, effective July 1. L. 2004: (2)(i) and (14) added, p. 1324, §§ 4, 5, effective August 4. L. 2005: (1)(v), (1)(w), (1.4), (1.5), (1.6)(b), (3), and (8.5) amended and (1)(y) and (15) added, pp. 469, 472, §§ 1, 2, effective January 1, 2006; (1.4)(v)(I) amended, p. 780, § 68, effective January 1, 2006. L. 2009: (1.4)(y) amended and (1.6)(c) added, (SB 09-235), ch. 388, p. 2097, §§ 4, 3, effective July 1, 2010; (1.4)(z) and (1.4)(aa) amended, (SB 09-235), ch. 388, p. 2096, §§ 2, 1, effective April 1, 2011.

Editor's note: (1) In 1992, an initiated measure prohibiting the taking of black bears from March 1 to September 1 passed. Although the initiated measure repealed subsection (1)(n), the fee for spring bear hunting was contained in subsection (1.2)(n) until January 1, 1991, and in subsection (1.4)(n) beginning January 1, 1991. Subsection (1.4)(n) was subsequently repealed by Senate Bill 94-206 to carry out the intent of the initiated measure.

(2) The vote count for the measure at the general election held November 3, 1992, was as follows:

FOR:  1,054,032

AGAINST:  458,260

(3) Subsection (4) provided for the repeal of subsections (1)(s) and (2), effective January 1, 1982. (See L. 79, p. 1236.) Subsection (1.1) provided for the repeal of subsections (1)(a) to (1)(p), (1)(r) to (1)(u), and (1.1), effective January 1, 1990. (See L. 89, p. 1343.) Subsection (1.3) provided for the repeal of subsections (1.2) and (1.3), effective January 1, 1991. (See L. 89, p. 1343.) Subsection (1)(x)(II) provided for the repeal of subsection (1)(x), effective July 1, 1994. (See L. 89, p. 1347.)

(4) Amendments to subsection (1.4)(v) by House Bill 05-1266 and House Bill 05-1337 were harmonized.

(5) Subsection (1.4)(y) was amended and subsection (1.6)(c) was added in a 2009 act that was passed without a safety clause. The act establishes an effective date of July 1, 2010, for these provisions. The act, or portions thereof, may not take effect if the people exercise their right to petition under article V, section 1 (3) of the state constitution. For further explanation concerning the effective date, see page ix of this volume.

(6) Subsections (1.4)(z) and (1.4)(aa) were amended in a 2009 act that was passed without a safety clause. The act establishes an effective date of April 1, 2011, for these provisions. The act, or portions thereof, may not take effect if the people exercise their right to petition under article V, section 1 (3) of the state constitution. For further explanation concerning the effective date, see page ix of this volume.

Cross references: For the legislative declaration contained in the 1994 act amending subsection (1.4)(i) and enacting subsections (1.4)(w) and (1.4)(x), see section 1 of chapter 209, Session Laws of Colorado 1994.

Am. Jur.2d. See 35 Am. Jur.2d, Fish and Game, § 49.

C.J.S. See 36A C.J.S., Fish, § 36; 38 C.J.S., Game; Conservation and Preservation of Wildlife, §§ 52, 53.

This section permits aliens to procure and use big game licenses. Herzig v. Feast, 127 Colo. 564, 259 P.2d 288 (1953).