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, 33-6-110, amend (1) introductory portion, (1)(a), and (1)(b) as follows:
Page 4, Line 1833-6-110. Division action to recover possession and value of
Page 4, Line 19wildlife unlawfully taken. (1) The division may bring and maintain a
Page 4, Line 20civil action against any person, in the name of the people of the state, to
Page 4, Line 21recover possession or value or both possession and value of any wildlife
Page 4, Line 22taken in violation of articles 1 to 6 of this
titlePage 4, Line 23may issue in such an action without bond. No previous demand for
Page 5, Line 1possession shall be necessary.
IfPage 5, Line 2favor of the defendant
the samePage 5, Line 3fund. Neither the pendency of such civil action nor a criminal prosecution
Page 5, Line 4for the same taking shall be a bar to the other; nor shall anything in this
Page 5, Line 5section affect the right of seizure under
other provisions ofPage 5, Line 66 of this
titlePage 5, Line 7value of the wildlife unlawfully taken or possessed and may be recovered in addition to recovery of possession of the wildlife:
Page 5, Line 8(a) For each eagle, member of an endangered species listed
Page 5, Line 9pursuant to section 33-2-105 or the federal "Endangered Species
Page 5, Line 10Act of 1973", 16 U.S.C. sec. 1531 et seq., rocky mountain goat, moose, rocky mountain bighorn sheep, or lynx .................... $1,000
Page 5, Line 11(b) For each elk or member of a threatened species or subspecies
Page 5, Line 12listed pursuant to section 33-2-105 or the federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et seq., .................... $700
Page 5, Line 13SECTION 4. In Colorado Revised Statutes, 33-6-113, amend (2) introductory portion and (2)(a) as follows:
Page 5, Line 1433-6-113. Illegal sale of wildlife. (2)
AnyPage 5, Line 15(a) With respect to big game, animals listed as endangered
Page 5, Line 16species or threatened species pursuant to section 33-2-105 or the
Page 5, Line 17federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et
Page 5, Line 18seq., or eagles, commits a class 5 felony and shall be punished as
Page 5, Line 19provided in section 18-1.3-401.
C.R.S.suchPage 5, Line 20commission may suspend any or all wildlife license privileges of the person for a minimum of one year to life.
Page 5, Line 21SECTION 5. In Colorado Revised Statutes, add 33-6-113.1 as follows:
Page 6, Line 133-6-113.1. Illegal trafficking of wildlife - violation - penalties
Page 6, Line 2- investigations and surveys of trafficked wildlife - definition -
Page 6, Line 3appropriation. (1) Except as otherwise provided in articles 1 to
Page 6, Line 46 of this title 33 or by rule of the commission, it is unlawful for
Page 6, Line 5any person, in the course of the same criminal episode, to
Page 6, Line 6knowingly possess, sell, purchase, transport, import, or export,
Page 6, Line 7or cause to be transported, imported, or exported, wildlife for
Page 6, Line 8monetary gain or other compensation if the person knew, or in
Page 6, Line 9the exercise of due care should have known, that the wildlife
Page 6, Line 10was taken, possessed, sold, transported, imported, or exported in violation of:
Page 6, Line 11(a) A state law, a federal law, or the law of a tribal government;
Page 6, Line 12(b) A state or federal rule or regulation; or
(c) A law of or regulation of any other nation.
Page 6, Line 13(2) Except as provided in subsections (3) and (4) of this
Page 6, Line 14section, a violation of subsection (1) of this section is a class 1
Page 6, Line 15misdemeanor and shall be punished as provided in section 18-1.3-501.
Page 6, Line 16(3) A violation of subsection (1) of this section when the
Page 6, Line 17aggregate value of the wildlife involved in the violation is more
Page 6, Line 18than one thousand dollars but less than ten thousand dollars
Page 6, Line 19is a class 5 felony and shall be punished as provided in section 18-1.3-401.
Page 6, Line 20(4) A violation of subsection (1) of this section is a class
Page 6, Line 214 felony and shall be punished as provided in section 18-1.3-401 if:
Page 7, Line 1(a) The aggregate value of the wildlife involved in the violation is ten thousand dollars or more;
Page 7, Line 2(b) The wildlife involved in the violation is an endangered
Page 7, Line 3species or threatened species according to the federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et seq.;
Page 7, Line 4(c) The wildlife involved in the violation is an endangered species or threatened species pursuant to section 33-2-105; or
Page 7, Line 5(d) The wildlife involved in the violation is a species listed
Page 7, Line 6in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
Page 7, Line 7(5) The commission shall suspend the wildlife license
Page 7, Line 8privileges of a person convicted of violating subsection (1) of this section for a period of five years to life.
Page 7, Line 9(6) Upon conviction for a violation of subsection (1) of
Page 7, Line 10this section, the costs of housing, caring for, or disposal of
Page 7, Line 11seized wildlife before or after the filing of formal charges
Page 7, Line 12against a person are a part of the costs assessed under section 18-1.3-701.
Page 7, Line 13(7) The division shall conduct investigations of and
Page 7, Line 14surveys of commonly trafficked wildlife to collect information
Page 7, Line 15and data related to population, distribution, and other
Page 7, Line 16ecological data in order to determine appropriate conservation, management, and law enforcement measures.
Page 7, Line 17(8) As used in this section, "value" means the minimum
Page 7, Line 18value as determined by section 33-6-110 or the market value,
Page 7, Line 19whichever value is greater.
Page 8, Line 1(9) The general assembly shall appropriate sufficient
Page 8, Line 2money to implement this section from the wildlife cash fund
Page 8, Line 3created in section 33-1-112; except that money in the wildlife
Page 8, Line 4cash fund from the sale of hunting and fishing licenses or from
Page 8, Line 5associated federal grants is not available for appropriation to implement this section.
Page 8, Line 6SECTION 6. In Colorado Revised Statutes, 33-6-117, amend (1)(b)(I) as follows:
Page 8, Line 733-6-117. Willful destruction of wildlife - legislative intent. (1) (b) A person who violates this subsection (1), with respect to:
Page 8, Line 8(I) Big game, eagles, and endangered speciesor threatened
Page 8, Line 9species pursuant to section 33-2-105 or the federal "Endangered
Page 8, Line 10Species Act of 1973", 16 U.S.C. sec. 1531 et seq., commits a class 5
Page 8, Line 11felony and shall be punished as provided in section 18-1.3-401
C.R.S.,Page 8, Line 12and, in addition, shall be punished by a fine of not less than one thousand
Page 8, Line 13dollars nor more than twenty thousand dollars.
For offenses committed onPage 8, Line 14
or after July 1, 1985,shall bePage 8, Line 15amount within the presumptive range set out in section 18-1.3-401
Page 8, Line 16(1)(a)(III).
C.R.S.suchPage 8, Line 17twenty license suspension points and suspend the wildlife license privileges for one year to life of the person convicted.
Page 8, Line 18SECTION 7. Act subject to petition - effective date -
Page 8, Line 19applicability. (1) This act takes effect July 1, 2026; except that, if a
Page 8, Line 20referendum petition is filed pursuant to section 1 (3) of article V of the
Page 8, Line 21state constitution against this act or an item, section, or part of this act
Page 8, Line 22within the ninety-day period after final adjournment of the general
Page 8, Line 23assembly, then the act, item, section, or part will not take effect unless
Page 9, Line 1approved by the people at the general election to be held in November
Page 9, Line 22026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
Page 9, Line 3(2) This act applies to offenses committed on or after the applicable effective date of this act.