FILING - 05/31/2016

Basis and Purpose

Chapter W-11 - Wildlife Parks and Unregulated Wildlife

Basis and Purpose:

Previously regulation #W-1114 included thirteen questions that a person had to address in their citizen petition in order to request that any additional species be placed on the unregulated wildlife list. With more requests coming in each year, it became apparent that additional questions/requirements should be added to the regulation to strengthen submitted petitions and to reduce workloads on Colorado Parks and Wildlife (CPW) staff. These additional questions/requirements include noting if the species is listed by the Convention of International Trade in Endangered Species (CITES), an assessment on impacts to wild populations of the species if legal possession is allowed, whether the species is prohibited in any city or county in Colorado, and whether the species requires any specialized knowledge or care. Division staff felt these were all relevant considerations when evaluating submitted proposals.

Additional regulations have also been added to explain the precautionary approach to these requests. A precautionary approach to risk management is characterized by a presumed risk of causing harm to the public or environment, in the absence of scientific consensus that the action or policy is not harmful. As mentioned previously in the regulation, the burden of proof that the proposal is not harmful falls on those proposing an exemption.

Lastly, regulatory requirements have been added to address re-submission of denied petitions. This regulation helps preserve a citizen’s opportunity to have their petition reconsidered while limiting time burdens on staff and the Commission.

While not a legal requirement, the Division will continue to keep a record of the unregulated wildlife regulations from Arizona, Nevada, Utah, Wyoming, Nebraska, Kansas, Oklahoma, New Mexico, Idaho, and Montana, which will be available for petitioner review.

The primary statutory authority for these regulations can be found in §24-4-103, C.R.S., and the state Wildlife Act, §§33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to: §§33-1-106, C.R.S.

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JULY 1, 2016 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.

APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 12TH DAY OF MAY, 2016.

APPROVED:

Chris Castilian

Chairman

ATTEST:

James C. Pribyl

Secretary

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