From the Archives of

The Colorado Herpetological Society

Colorado Division of Wildlife Regulations

CHAPTER 11 - Unregulated Wildlife

APPROVED - January 10, 2002

1. "Commercial use" for the purpose of this chapter means utilizing captive wildlife in sale, trade, barter, brokerage or other commerce with the motive to generate profit from such utilization.
2. "Domestic animal" means those animals which through long association with humans have been bred to a degree which has resulted in genetic changes affecting the color, temperament and conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species.
3. "Prohibited Species" - Means those species that the Wildlife Commission has determined would be detrimental to Colorado's native wildlife. See Wildlife Commission Regulations, General Provisions, Article VIII, sections #008A and #008B.
4. "Tropical" - Means those regions lying between The Tropic of Cancer at 23.5 degrees north latitude and the Tropic of Capricorn at 23.5 degrees south latitude. In this chapter this reference is for those species of wildlife that are resident breeders of this region.
5. "Subtropical" - Means those regions adjacent to the tropics, within the zone from 23.5 degrees north latitude to 26.0 degrees north latitude and from 23.5 degrees south latitude to 26.0 degrees south latitude. This definition applies to those regions that lay near the tropical zone and contain wildlife that are resident breeders of this region.
6. "Unregulated" wildlife means wildlife listed in section #1103 of these regulations which may be possessed without a license as authorized by the Wildlife Commission. See also regulation #1114.
7. "Zoological Park" means a facility which is accredited by the American Zoo and Aquarium Association and/or licensed as a zoological park pursuant to 33-4-102(13), C.R.S. as amended.

#1101 - Vacant

ARTICLE II - LICENSE REQUIREMENTS, LICENSE EXEMPTIONS, LICENSE TYPES, APPLICATION AND RECORD REQUIREMENTS, AND LICENSE RENEWAL.
#1102 - LICENSE REQUIREMENTS.

1. Except as authorized by Wildlife Commission regulation:
   1. No person shall possess, sell, propagate, acquire, purchase, broker, transport, trade, barter or attempt to sell, propagate, acquire, purchase, broker, trade or barter live wildlife unless such person first obtains a proper license.

   2. No person shall possess, buy, sell or attempt to buy or sell live wildlife or barter, trade or broker live wildlife except to or from persons properly licensed to purchase, sell, barter, trade, broker or possess such wildlife. Any person may buy or sell captive wildlife that is in the total custodial care of another licensed individual; however, ownership of said wildlife shall be indicated on the licensee's annual report.

   3. All live wildlife possessed under the authority of these regulations must be approved by the Division and listed by species on the license. Live wildlife held under the authority of a commercial parks license issued pursuant this chapter may be possessed only for the stated commercial use. Wildlife held under the authority of this license must be held in a licensed facility unless it is being transported due to sale or purchase, for veterinary care, or to and from an exhibition approved by these regulations.

   4. Approval of a license application shall not be granted if the proposed wildlife is deemed to be detrimental to native wildlife. Such approvals shall limit the species to be possessed and shall specify fencing configuration requirements necessary to protect Colorado's wildlife resources from significant negative impacts. Such approvals, denials, and any conditions imposed on such license shall be based on consideration of:
      1. Potential habitat competition, damage or destruction.
      2. Disruption of migration, breeding, or rearing and survival of young.
      3. Predation.
      4. Disease.

      Additionally, these restrictions may include those necessary to minimize the danger to humans, domestic livestock or property.

   5. New applications for Commercial Wildlife Parks Licenses or new satellite facilities for species in the family Cervidae will not be approved anywhere in the state. Licenses issued prior to September 13, 2001 are eligible for renewal for 2002, except that licenses for mule deer are only eligible for renewal if the deer were in possession when the renewal application was received by the Division.

   6. All big game animals owned by the State shall be removed from the confines of the proposed commercial area at the applicant's expense before the application for a license is approved. The applicant shall provide to the Division of Wildlife a plan or plans for removal. The Division shall review and approve such plans if they provide reasonable guarantee of not interfering with the Division's management of the state's wildlife populations, to include provision of appropriate level of public hunting. The Division shall supervise all removal operations. Where complete removal is not possible or management on site is deemed appropriate by the division, the State must be fully compensated pursuant to written agreement for the animals and/or provide sufficient free public hunting to remove the animals.

   7. Licenses shall be issued only for facilities which are owned, managed and/or leased by a single individual, partnership, limited liability company, cooperative, or corporation.

   8. Licensees shall notify the Division when substantive changes to their commercial parks facility, such as fence length, fence configuration or acreage enclosed, the addition of non-contiguous parcels of land (satellite facilities), or species to be possessed are planned. Satellite facilities must comply with all licensing criteria and other applicable regulations. Such changes must be approved by the Division prior to construction or acquisition to include necessary license amendments.
      1. To add additional families of wildlife to an existing license, the licensee must fill out a new license application listing the desired families. The amended license must be approved prior to the licensee acquiring and possessing any species within a previously unapproved family. In addition, the licensee must inform the Division in writing within 15 days following the acquisition of any new species under a previously approved family.

#1103 - EXEMPTIONS FROM LICENSE REQUIREMENTS:

2. Domestic animals - The following animals are considered domestic and are exempted from the requirements of Wildlife Commission regulations:
   • Domestic dog (Canis familiaris) including hybrids with wild canids
   • Domestic cat (Felis catus) including hybrids with wild felines
   • Domestic horse (Equus caballus) including hybrids with Equus assinus
   • Domestic ass, burro, and donkey (Equus assinus)
   • Domestic cattle (Bos taurus and Bos indicus)
   • Domestic sheep (Ovis aries)
   • Domestic goat (Capra hircus)
   • Domestic swine (Sus scrofa domestica)
   • Domesticated races of hamsters (Mesocricetus spp.)
   • Domesticated races of mink (Mustela vison)
   • Domesticated races of guinea pigs (Cavia porcellus)
   • Domesticated races of gerbils (Meriones unguiculatus)
   • Domesticated races of chinchillas (Chinchilla laniger)
   • Domesticated races of rats (Rattus norvegicus and Rattus)
   • Domesticated races of mice (Mus musculus)
   • Domesticated races of European rabbit (Oryctolagus cuniculus)
   • Domesticated races of chickens (Gallus)
   • Domesticated races of turkey (Meleagria gallopavo) distinguished morphologically from wild birds
   • Domesticated races of ducks and geese (Anatidae) distinguishable morphologically from wild birds
   • Domesticated races of European ferret (Mustela putorius)
   • Domesticated races of pigeons (Columba domestica and Columba livia) and feral pigeons
   • Domesticated races of guinea fowl (Numida meleagris)
   • Domesticated races of peafowl (Pavo cristatus)
   • Bison (Bison) including hybrids with domestic cattle
   • Ostrich (Struthio spp.)
   • Llama (Lama glama)
   • Rhea (Rhea spp.)
   • Emu (Dromiceius spp.)
   • Alpaca (Lama pacos)
   • Reindeer (Rangifer tarandus)
   • Yak (Bos grunniens)
   • Camels (Camelus bactrianus and Camelus dromedarius)

3. Unregulated Wildlife - Prior to adoption of this regulation (#1103B), possession of the listed species was expressly prohibited by Section 33-6-109(4), C.R.S. The decision of the WildlifeCommission to authorize this possession as herein provided is based on the scientific evidence available to it at the time of adoption of the regulation. The Wildlife Commission retains the statutory authority and duty to amend these regulations and to impose requirements, restrictions, and/or prohibition on possession of any of the listed species if and when further evidence comes to the Wildlife Commission's attention which makes such amendments appropriate.

   Except for the provisions of section #007 regarding importation, #008 regarding the prohibited species list, #009 regarding release of live wildlife, and section #1114 regarding the addition of species to the unregulated wildlife list, the wildlife enumerated in this list are otherwise exempted from the requirements of Wildlife Commission regulations.

   Unregulated wildlife may be imported, sold, bartered, traded, transferred, possessed, propagated and transported in Colorado provided that all importation, disease requirements and any other state, local or federal requirements are met. Statutory restrictions still apply.

   All marine animals (vertebrates and invertebrates) except for anadromous and catadromous species.

   • Mammals:
     • African pygmy hedgehog (Atelerix albiventris, Erinaceus albiventris)
     • Sugar Gliders (Petaurus breviceps)
     • Short-tailed Possum (Monodelphis domestica)
     • Dama Wallaby (Tammar Wallaby) Macropus eugenii
     • Swamp Wallaby Wallabia bicolor
     • Bennet Wallaby (Red-necked Wallaby) Macropus rufogriseus
     • Red Kangaroo Macropus rufus
     • Wallaroo Macropus robustus
     • Zebras and Zebra hybrids

   • Fishes:
     • All tropical and subtropical fishes
     • Common goldfish (Carassius auratus)
     • Koi

   • Birds:
     • All tropical and subtropical birds in the Order Passeriformes: including but not limited to birds in the families:
       • Sturnidae (Mynahs)
       • Ramphastidae (Toucans, Toucanettes)
       • Fringillidae (Siskins)
       • Estrildidae (Finches)
       • Emberizidae (Cardinals)
       • Ploceidae (Weavers)
       • Timaliidae (Mesias)
       • Viduinae (Wydahs)
       • Thraupidae (Tanagers)
       • Zosteropidae (Zosterops).
       • European Goldfinch (Carduelis carduelis)
       • All Psitticine birds

   • Reptiles and Amphibians:
     • All non-native tropical and sub-tropical species of snakes in the families:
       • Bolidae (giant snakes)
       • Colubridae (modern snakes), except venomous species
       • Acrochordidae (file and elephant trunk snakes)
       • Xenopeltidae (sunbeam snakes)
       • Aniliidae (pipe snakes)
       • Uropeltidae (shield-tailed snakes)
     • All non-native tropical and subtropical species of lizards in the Suborder Sauria, including but not limited to the following families or subfamilies:
       • Agamidae (chisel-teeth lizards)
       • Anelytropsidae (snake lizards)
       • Anguidae (glass and alligator lizards)
       • Chamaeleonidae (chameleons)
       • Cordylidae (girdle-tailed lizards)
       • Corytophanidae (casquehead lizards)
       • Crotaphytidae (collared and leopard lizards)
       • Dibamidae (blind lizards)
       • Feyliniidae (African snake skinks)
       • Gekkonidae (geckos)
       • Pygopodidae (snake lizards)
       • Scincidae (skinks)
       • Eublepharidae (Eyelid geckos)
       • Helodermatidae (beaded lizards, gila monsters)
       • Iguanidae (iguanas)
       • Lacertidae (wall lizards)
       • Lanthanotidae (earless monitor)
       • Phrynosomatidae (earless, spiny, and horned lizards)
       • Polychridae (anoles)
       • Teiidae (whiptail)
       • Tropiduridae (neotropical ground lizards)
       • Varanidae (monitor lizard)
       • Xantusiidae (night lizard)
       • Xenosauridae (knob-scaled lizards).
     • All non-native tropical and subtropical species of turtles in the families:
       • Carettochelyidae (New Guinea softshell turtles)
       • Dermatemydidae (Central American river turtles)
       • Kinosternidae (mud and musk turtles)
       • Testudinidae (tortoises)
       • Trionychidae (soft-shelled turtles)
       • Red-eared slider (Trachemys scripta)
     • All non-native tropical and subtropical species of frogs and toads in the families:
       • Atelopodidae (stub-footed toads)
       • Bufonidae (true toads)
       • Centrolenidae (glass frogs)
       • Dendrobatidae (poison dart frogs)
       • Hylidae (tree frogs)
       • Leptodactylidae (tropical frogs)
       • Microhylidae (narrow-mouthed toads)
       • Pelobatidae (spadefoot toads)
       • Pelodytidae (spadefoot toads)
       • Phrynomeridae (snake-necked frogs)
       • Pipidae (clawed frogs, Surinam toads)
       • Pseudidae (Harlequin frogs)
       • Ranidae (true frogs)
       • Rhacophoridae (flying frogs)
       • Rhinophrynidae (cone-nosed toads)
       • Rana pipiens (Leopard frog) acquired from lawful out-of-state source or instate commercial producer.
       • Ambystoma tigrinum (Tiger salamander) acquired from lawful out-of-state source or instate commercial producer.
       • Oriental fire-bellied toad (Bombina orientalis)
       • Order Gymnophiona - Caecilians, tropical amphibians
       • Order Urodela - Salamanders and newts
       • Suborder Amphisbaenia - Worm lizards
     • Caimens

   • Members of the subfamily Phaisianae not native to North America except chukar partridge, grey partridge, red-legged partridge and ring-necked pheasant.

   • Those species of ducks, geese and swans not listed in the regulations of the U.S. Fish & Wildlife Service in the Code of Federal Regulation 50 CFR. 10.13 (October 1, 1994). This rule does not incorporate amendments to said U.S. Fish and Wildlife Service regulations. Information regarding this rule or copies may be obtained from the Terrestrial Wildlife Section, 6060 Broadway, Denver, CO 80216.

4. Federal, state or county agencies or any person with a valid scientific collecting permit conducting research; zoos accredited by AAZPA, and individual animals used in carnival and animal acts which are licensed by the U.S. Department of Agriculture.

5. No license is required for wildlife taken in accordance with commission regulation 1000.A.6.

6. Up to 25 live ring-necked pheasants, Gambel's quail, scaled quail, bobwhite quail, chukar, grey partridge or mallard ducks may be possessed and subsequently released for up to sixty (60) days without a wildlife park license. Such wildlife shall be accompanied by a receipt showing that the wildlife have been lawfully acquired, to include the source and the purchase or acquisition date. These birds may only be hunted on the day of release, and there is no hunting license required. The number of birds taken cannot exceed the number of birds released. All released birds not taken by hunting on the day of release shall become property of the state. All hunting must occur on private property. No birds held under the authority of this section may be released and hunted during any season established for that species.

Last Updated on October 31, 2004.