A Bill for an Act
Page 1, Line 101Concerning the prevention of illegal wildlife trafficking.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill adds species that appear in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Appendix I) to the wildlife covered under Colorado's wildlife trafficking laws.
The bill establishes penalties for violating wildlife trafficking laws. A person who violates wildlife trafficking laws commits a class 1 misdemeanor; except that:
- If a person violates wildlife trafficking laws and the value of the wildlife involved is more than $1,000 but less than $10,000 the person commits a class 5 felony;
- If a person is convicted of trafficking wildlife and the wildlife involved is an endangered species or threatened species under Colorado law, the federal "Endangered Species Act of 1973", or a species that appears in CITES Appendix I, the person commits a class 4 felony; or
- If a person violates wildlife trafficking laws and the value of the wildlife involved is more than $10,000, the person commits a class 4 felony.
The bill grants the parks and wildlife commission in the department of natural resources authority to suspend wildlife licenses held by a person convicted of a violation of wildlife trafficking laws.
The bill requires the division of parks and wildlife in the department of natural resources to conduct investigations and surveys to collect information and data related to wildlife trafficking and determine appropriate law enforcement measures based on those investigations and surveys.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 3(a) The illegal trafficking of wildlife poses significant threats to
Page 2, Line 4native wildlife and wildlife habitats in Colorado and throughout the United States and the world;
Page 2, Line 5(b) The trafficking of nonnative, invasive, or exotic species into
Page 2, Line 6Colorado, as well as the trafficking of native species out of Colorado,
Page 2, Line 7negatively impacts Colorado wildlife and habitats and can have cascading effects on ecosystem functions throughout the region;
Page 2, Line 8(c) Wildlife trafficking is linked to other criminal operations,
Page 2, Line 9including drug trafficking, weapons trafficking, money laundering, and
Page 2, Line 10human trafficking, and can also create public health risks through an
Page 2, Line 11increased risk of zoonotic diseases that can damage our food systems and
Page 2, Line 12natural resources and infect humans and animals;
Page 3, Line 1(d) Existing laws in Colorado are insufficient to effectively combat and prevent illegal wildlife trafficking;
Page 3, Line 2(e) The division of parks and wildlife in the department of natural
Page 3, Line 3resources currently lacks staff capacity to effectively deter wildlife trafficking;
Page 3, Line 4(f) Lack of data related to the illegal trafficking of native species
Page 3, Line 5limits Colorado's ability to assess the status of, threats to, and conservation needs of the state's native wildlife;
Page 3, Line 6(g) Without adequate laws, capacity, and data, the division of
Page 3, Line 7parks and wildlife cannot effectively support federal agency efforts to
Page 3, Line 8combat illegal wildlife trafficking under the federal "Lacey Act (Game)" and other federal laws; and
Page 3, Line 9(h) Legislation is needed to authorize additional capacity, collect data, and increase penalties related to illegal wildlife trafficking activities.
Page 3, Line 10SECTION 2. In Colorado Revised Statutes, 33-6-109, amend (3)(a) and (3)(b) as follows:
Page 3, Line 1133-6-109. Wildlife - illegal possession. (3) A person who
Page 3, Line 12violates subsection (1) or (2) of this section is guilty of a misdemeanor
Page 3, Line 13and, depending upon the wildlife involved, shall be punished upon
Page 3, Line 14conviction by a fine or imprisonment, or both, and license suspension points or suspension or revocation of license privileges as follows:
Page 3, Line 15(a) For each animal listed as endangered or threatened pursuant
Page 3, Line 16to section 33-2-105 or the federal "Endangered Species Act of
Page 3, Line 171973", 16 U.S.C. sec. 1531 et seq., a fine of not less than two thousand
Page 3, Line 18dollars and not more than one hundred thousand dollars, or by
Page 3, Line 19imprisonment for not more than one year in the county jail, or by both
Page 3, Line 20
suchsuchPage 4, Line 1Upon conviction, the commission may suspend any or all wildlife license privileges of the person for a period of from one year to life.
Page 4, Line 2(b) (I) For each bald eagle, golden eagle, rocky mountain goat,
Page 4, Line 3desert bighorn sheep, American peregrine falcon, or rocky mountain
Page 4, Line 4bighorn sheep or any wildlife species listed in Appendix I to the
Page 4, Line 5Convention on International Trade in Endangered Species of
Page 4, Line 6Wild Fauna and Flora, a fine of not less than one thousand dollars and
Page 4, Line 7not more than one hundred thousand dollars, or by imprisonment for not
Page 4, Line 8more than one year in the county jail, or both
suchsuchPage 4, Line 9imprisonment, and an assessment of twenty points. Upon conviction, the
Page 4, Line 10commission may suspend any or all wildlife license privileges of the
Page 4, Line 11person for a period of one year to life. A person who possesses all or a
Page 4, Line 12part of a bald eagle or golden eagle shall not be in violation of this section if the possession is authorized by 50 CFR 22.
Page 4, Line 13(II) The division shall make a copy of Appendix I to the
Page 4, Line 14Convention on International Trade in Endangered Species of
Page 4, Line 15Wild Fauna and Flora available at no cost on the division's
Page 4, Line 16public website and make a copy of Appendix I available for public inspection at the division's office during regular business hours.
Page 4, Line 17SECTION 3. In Colorado Revised Statutes, 33-6-113, amend (2) introductory portion and (2)(a) as follows:
Page 4, Line 1833-6-113. Illegal sale of wildlife. (2)
AnyPage 4, Line 19(a) With respect to big game, animals listed as endangered
Page 4, Line 20species or threatened species according to state law or the
Page 4, Line 21federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et
Page 4, Line 22seq., or eagles, commits a class 5 felony and shall be punished as
Page 5, Line 1provided in section 18-1.3-401.
C.R.S.suchPage 5, Line 2commission may suspend any or all wildlife license privileges of the person for a minimum of one year to life.
Page 5, Line 3SECTION 4. In Colorado Revised Statutes, add 33-6-113.1 and 33-6-113.2 as follows:
Page 5, Line 433-6-113.1. Illegal trafficking of wildlife - violation - penalties
Page 5, Line 5- definition. (1) Except as otherwise provided in articles 1 to 6 of
Page 5, Line 6this title 33 or by rule of the commission, it is unlawful for any
Page 5, Line 7person, in the course of the same criminal episode, to knowingly
Page 5, Line 8possess, sell, purchase, transport, import, or export, or cause to
Page 5, Line 9be transported, imported, or exported, wildlife for monetary
Page 5, Line 10gain or other compensation if the person knew, or in the exercise
Page 5, Line 11of due care should have known, that the wildlife was taken,
Page 5, Line 12possessed, sold, transported, imported, or exported in violation of:
Page 5, Line 13(a) A state law, a federal law, or the law of a tribal government;
Page 5, Line 14(b) A state or federal rule or regulation; or
(c) A law of or regulation of any other nation.
Page 5, Line 15(2) Except as provided in subsections (3) and (4) of this
Page 5, Line 16section, a violation of subsection (1) of this section is a class 1
Page 5, Line 17misdemeanor and shall be punished as provided in section 18-1.3-501.
Page 5, Line 18(3) A violation of subsection (1) of this section when the
Page 5, Line 19aggregate value of the wildlife involved in the violation is more
Page 5, Line 20than one thousand dollars but less than ten thousand dollars
Page 5, Line 21is a class 5 felony and shall be punished as provided in section 18-1.3-401.
Page 6, Line 1(4) A violation of subsection (1) of this section is a class
Page 6, Line 24 felony and shall be punished as provided in section 18-1.3-401 if:
Page 6, Line 3(a) The aggregate value of the wildlife involved in the violation is ten thousand dollars or more;
Page 6, Line 4(b) The wildlife involved in the violation is an endangered
Page 6, Line 5species or threatened species according to the federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et seq.;
Page 6, Line 6(c) The wildlife involved in the violation is an endangered species or threatened species under Colorado law; or
Page 6, Line 7(d) The wildlife involved in the violation is a species listed
Page 6, Line 8in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Page 6, Line 9(5) The commission shall suspend the wildlife license
Page 6, Line 10privileges of a person convicted of violating subsection (1) of this section for a period of five years to life.
Page 6, Line 11(6) Upon conviction for a violation of subsection (1) of
Page 6, Line 12this section, the costs of housing, caring for, or disposal of
Page 6, Line 13seized wildlife before or after the filing of formal charges
Page 6, Line 14against a person are a part of the costs assessed under section 18-1.3-701.
Page 6, Line 15(7) As used in this section, "value" means the minimum
Page 6, Line 16value as determined by section 33-6-110 or the market value, whichever value is greater.
Page 6, Line 1733-6-113.2. Investigations and surveys of trafficked wildlife.
Page 6, Line 18The division shall conduct investigations of and surveys of
Page 7, Line 1commonly trafficked wildlife to collect information and data
Page 7, Line 2related to population, distribution, and other ecological data
Page 7, Line 3in order to determine appropriate conservation, management, and law enforcement measures.
Page 7, Line 4SECTION 5. In Colorado Revised Statutes, 33-6-117, amend (1)(b)(I) as follows:
Page 7, Line 533-6-117. Willful destruction of wildlife - legislative intent. (1) (b) A person who violates this subsection (1), with respect to:
Page 7, Line 6(I) Big game, eagles, and endangered speciesor threatened
Page 7, Line 7species according to state law or the federal "Endangered
Page 7, Line 8Species Act of 1973", 16 U.S.C. sec. 1531 et seq., commits a class 5
Page 7, Line 9felony and shall be punished as provided in section 18-1.3-401
C.R.S.,Page 7, Line 10and, in addition, shall be punished by a fine of not less than one thousand
Page 7, Line 11dollars nor more than twenty thousand dollars.
For offenses committed onPage 7, Line 12
or after July 1, 1985,shall bePage 7, Line 13amount within the presumptive range set out in section 18-1.3-401
Page 7, Line 14(1)(a)(III).
C.R.S.suchPage 7, Line 15twenty license suspension points and suspend the wildlife license privileges for one year to life of the person convicted.
Page 7, Line 16SECTION 6. Applicability. This act applies to offenses committed on or after the effective date of this act.
Page 7, Line 17SECTION 7. Safety clause. The general assembly finds,
Page 7, Line 18determines, and declares that this act is necessary for the immediate
Page 7, Line 19preservation of the public peace, health, or safety or for appropriations for
Page 7, Line 20the support and maintenance of the departments of the state and state institutions.