A Guide to the Colorado Parks & Wildlife Code Chapter 17 Requirements, Process, and Compliance

The Colorado Parks & Wildlife Code Chapter 17 serves as a vital regulatory framework for protecting and managing the state's diverse wildlife resources while facilitating responsible land use and development. This comprehensive guide delves into the key provisions of Chapter 17, providing essential insights into the regulated activities, compliance obligations, and enforcement mechanisms that shape the interaction between development projects and Colorado's wildlife. By exploring the recent developments, regulatory outlook, and additional resources presented in this guide, readers will gain a clearer understanding of how to navigate the complex landscape of wildlife conservation and land use planning in Colorado. The guide emphasizes the importance of proactive engagement with Colorado Parks & Wildlife and other relevant agencies to ensure that development projects are designed and implemented in a manner that safeguards the state's precious wildlife resources for generations to come.

GENERAL INFORMATION

Key Details of the Colorado Parks & Wildlife Code Chapter 17

• Issuing Agency: Colorado Parks and Wildlife
• Year Established: 1972¹
• Last Amended: 2020
• Statutory Authority: Colorado Revised Statutes Title 33
• Primary Legal Reference: Code of Colorado Regulations 406-17

Overview of the Colorado Parks & Wildlife Code Chapter 17

The Colorado Parks & Wildlife Code Chapter 17 operates within the broader state regulatory framework under the Colorado Revised Statutes Title 33, which focuses on wildlife and parks. This chapter aligns with federal regulations such as the Endangered Species Act and the Migratory Bird Treaty Act to protect and manage wildlife resources within the state.²

The primary environmental issues and goals addressed by Chapter 17 include the conservation, protection, and management of wildlife species and their habitats, as well as the regulation of hunting, fishing, and other wildlife-related activities. The Colorado Parks and Wildlife agency is responsible for the administration and enforcement of this chapter.³

Chapter 17 has undergone various amendments since its establishment in 1972, with the most recent significant changes occurring in 2020. The regulation aims to achieve its goals through a combination of measures, including hunting and fishing regulations, habitat protection, species management plans, and enforcement of wildlife-related laws.

The geographic scope of Chapter 17 covers all lands within the state of Colorado, and it applies to all individuals engaging in wildlife-related activities, such as hunting, fishing, and wildlife viewing. Some exemptions may apply for certain scientific, educational, or conservation purposes.

What does the Colorado Parks & Wildlife Code Chapter 17 protect?

The Colorado Parks & Wildlife Code Chapter 17 protects various wildlife species and their habitats within the state of Colorado. This includes mammals, birds, fish, reptiles, and amphibians, as well as threatened and endangered species. The regulation safeguards these resources from illegal hunting, fishing, poaching, habitat destruction, and other human-induced threats. Chapter 17 achieves this protection through the implementation of hunting and fishing regulations, the establishment of wildlife management areas, and the enforcement of wildlife-related laws.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Colorado Parks & Wildlife Code Chapter 17 regulates a wide range of activities and entities that have the potential to impact the state's wildlife, natural resources, and outdoor recreation opportunities. This chapter applies to individuals, businesses, and organizations engaging in activities such as hunting, fishing, camping, boating, and other outdoor recreational pursuits within Colorado's state parks, wildlife areas, and other protected lands managed by Colorado Parks and Wildlife (CPW)⁴.

The primary goal of Chapter 17 is to ensure the conservation and responsible use of Colorado's natural resources while providing opportunities for outdoor recreation and enjoyment. The regulations within this chapter aim to protect wildlife populations, preserve habitat, and maintain the ecological integrity of the state's parks and wildlife areas⁵.

Prohibited activities and substances under the Colorado Parks & Wildlife Code Chapter 17 include:

1. Hunting, fishing, or trapping without proper licenses or permits
2. Exceeding established bag limits or possession limits for game species
3. Using unauthorized methods or equipment for hunting or fishing, such as certain types of traps, nets, or firearms
4. Disturbing or harassing wildlife, including nesting birds or denning mammals⁶
5. Damaging or destroying natural habitats, vegetation, or geological features
6. Littering or disposing of waste improperly within state parks or wildlife areas
7. Operating vehicles or boats in restricted areas or in a manner that endangers wildlife or other visitors
8. Camping or starting fires in undesignated areas or without proper permits
9. Introducing non-native species or releasing unwanted pets into the wild⁷
10. Engaging in commercial activities without proper authorization from CPW

These prohibitions are essential for protecting Colorado's natural resources, maintaining healthy ecosystems, and ensuring that outdoor recreation remains sustainable and enjoyable for current and future generations.

Structure and Key Provisions

The Colorado Parks & Wildlife Code Chapter 17 is organized into several articles, each focusing on specific aspects of wildlife management, outdoor recreation, and resource protection. The key provisions within this chapter include:

Article 1 - General Provisions (§§ 33-1-101 to 33-1-125)

This article establishes the legal framework for the Colorado Parks and Wildlife Commission, outlines the powers and duties of the commission and its officers, and defines key terms used throughout the chapter.

Article 2 - Nongame and Endangered Species Conservation (§§ 33-2-101 to 33-2-107)

This article focuses on the protection and management of nongame wildlife species, particularly those that are threatened or endangered. It establishes the authority of CPW to designate and protect these species and their habitats.

Article 3 - Damage by Wildlife (§§ 33-3-101 to 33-3-204)

This article addresses situations where wildlife causes damage to property, livestock, or crops. It outlines the procedures for reporting damages, seeking compensation, and the authority of CPW to manage wildlife to prevent or mitigate damage.

Article 4 - Licenses, Certificates, and Fees (§§ 33-4-101 to 33-4-104)

This article establishes the requirements for obtaining licenses and certificates for hunting, fishing, and other wildlife-related activities. It also sets forth the fee structure for these licenses and the allocation of revenue generated from these fees.

Article 5 - Wildlife Management (§§ 33-5-101 to 33-5-102)

This article grants CPW the authority to manage and regulate wildlife populations, including setting hunting seasons, bag limits, and other restrictions to ensure the sustainability of wildlife resources.

It is crucial for individuals and entities engaging in activities regulated by the Colorado Parks & Wildlife Code Chapter 17 to carefully review the full text of the relevant articles and sections to ensure compliance with all applicable requirements. Consulting with CPW officials or qualified legal professionals can provide additional guidance and help navigate project-specific concerns related to this chapter.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Colorado Parks & Wildlife Code Chapter 17 establishes various standards and limitations to protect and manage the state's wildlife resources. These standards may include hunting and fishing season dates, bag limits, and restrictions on methods of take.⁸ The code also sets forth requirements for the acquisition and management of state parks, recreation areas, and wildlife sanctuaries.⁹ Developers and consultants should work closely with Colorado Parks & Wildlife (CPW) to understand how these standards and limitations may apply to their specific projects and to ensure compliance with all relevant provisions of the code.

Monitoring, Reporting & Recordkeeping Obligations

Regulated entities under the Colorado Parks & Wildlife Code Chapter 17 may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations may include:

• Maintaining accurate records of hunting and fishing activities
• Reporting wildlife sightings or encounters
• Monitoring and reporting on the status of wildlife populations and habitats

Developers and consultants should work closely with CPW to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements that apply to their projects. Proper compliance with these obligations is essential to ensure the protection of Colorado's wildlife resources and to avoid potential enforcement actions.

Enforcement Actions & Penalties

Violations of the Colorado Parks & Wildlife Code Chapter 17 may result in various enforcement actions by CPW and other relevant state agencies. These actions may include:

1. Notices of violation
2. Administrative orders
3. Civil penalties
4. Criminal charges¹⁰

The specific enforcement provisions and penalty structures may vary depending on the nature and severity of the violation. Developers and consultants should prioritize proactive compliance and early engagement with CPW to avoid potential enforcement actions. It is essential to consult the full text of the regulation and work closely with the relevant agencies to understand the specific enforcement and penalty provisions that may apply to a given project.¹¹

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Colorado Parks & Wildlife Code Chapter 17 has undergone several significant changes in recent years, with key amendments and policy updates aimed at enhancing wildlife conservation efforts and streamlining the permitting process for development projects. One notable development was the passage of the Colorado Wildlife Habitat Stamp Act in 2018, which introduced a new funding mechanism for wildlife conservation projects through the sale of habitat stamps to hunters and anglers.

Another important regulatory change was the implementation of the Colorado Wildlife Habitat Protection Program in 2020, which established a framework for identifying and protecting critical wildlife habitats across the state¹². This program has had a significant impact on the permitting process for development projects, requiring project proponents to demonstrate that their activities will not adversely affect designated wildlife habitats.

In terms of upcoming regulatory changes, the Colorado Parks and Wildlife Commission is currently considering amendments to the state's hunting and fishing regulations, which could have implications for land use and development activities in certain areas¹³. Additionally, there are ongoing discussions about potential updates to the state's endangered species list, which could result in new protection measures for certain species and their habitats¹⁴.

To stay informed about these and other regulatory developments, stakeholders can monitor the Colorado Parks and Wildlife website, which provides regular updates on proposed rule changes, public comment opportunities, and agency decisions¹⁵. Joining the agency's mailing list or attending public meetings and workshops can also be effective ways to engage with the regulatory process and provide input on proposed changes.

Additional Resources

Colorado Parks & Wildlife Code Chapter 17 Full Text: The official text of the regulation, including all amendments and updates.

Colorado Wildlife Habitat Protection Program Guidelines: A guidance document outlining the key components of the Colorado Wildlife Habitat Protection Program, including the process for identifying and designating critical wildlife habitats and the requirements for development projects in these areas.

Colorado Wildlife Conservation Planning Toolbox: A comprehensive resource for wildlife conservation planning in Colorado, including best practices, case studies, and tools for incorporating wildlife considerations into land use and development decisions.