This site will be continually under construction and changing as the states, counties and municipals continually change their regulations and laws. These are the current regulations for 1996 that we have received to date. If you have other information, please let us know the citations of those laws or regulations, the state and when the changes went or will go into effect by sending e-mail to lawschange@monkeymaddness.com.
CHAPTER 11, WILDLIFE PARK LICENSES (Dated 5-12-94)
A. "Domestic animals" 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.
The following animals are considered domestic and are exempted from the requirements of Commission regulations:
Domestic dog (Canis familiaris) including hybrids with wild canids.
(remainder omitted)
B. Omitted
C. "Commercial use" for the purpose of this chapter means utilizing captive wildlife in sales, trade, barter, brokerage or other commerce where such sales, trade, barter or brokerage exceeds one-thousand dollars ($1,000) gross, per year.
D. Omitted
E. "Commercial Wildlife Park License" means a license issued for the operation of privately owned wildlife parks and for related buying, selling, brokering or trading of lawfully acquired captive wildlife or for charging customers to hunt on such a park, or for exhibiting wildlife for educational or promotional purposes.
F. "Noncommercial Park License" means a license issued to persons who wish to keep lawfully acquired birds, except raptors.
A. No person shall possess, sell acquire, purchase, broker, trade, barter or attempt to sell, acquire, purchase, broker, trade or barter live wildlife unless he first obtains a proper license as provided for in this chapter. All species of wildlife listed on the license must be approved by the Division; such approval shall not be granted if the proposed wildlife is deemed to be detrimental to wild native wildlife. Except as otherwise provided, no person may import, collect, sell, barter, buy, transfer or possess any prohibited live wildlife. Except that it shall be legal to hold live wildlife owned by another person at a commercial park facility provided the facility is licensed for the specific animals being held.
B. Except as otherwise provided, no person may take any wildlife or eggs from the wild nor may a licensee acquire such wildlife or their eggs from any person not authorized by a valid permit issued pursuant to this chapter to dispose of such wildlife or their eggs. No licensee shall sell or attempt to sell live terrestrial wildlife or barter, trade or broker live wildlife except to persons properly licensed to purchase, sell, barter, trade, broker or posses wildlife, except that individuals may buy or sell captive wildlife that is in the total custodial care of another licensed individual.
C. Exemptions From License Requirements:
1. Federal, state or county agencies or any person with a valid scientific collecting permit conducting research; zoos accredited by AAZPA, carnivals and animal acts which are licensed by the U.S. Department of Agriculture (only those animals used in the carnival or animal act are exempt), and commercial fur farms which raise domesticated animals for the sale of pelts or the sale of breeding stock to other breeders for research, licensed operation, or fur business. Persons who wish to establish a fur farm must obtain a commercial park license unless the production of fur is at least 50 pelts annually.
2. No license is required for wildlife taken in accordance with commission regulation 1000 a 6.
3. Omitted (concerns birds)
D. Non-compliance with the provisions of this chapter will result in revocation of the license in accordance with provisions of Section 24-4-104, C.R.S. (1988 and 1989 Supp.) and Section 33-6-106 C.R.S. (1984). The licensee whose license is revoked shall immediately and lawfully dispose of wildlife held pursuant to the license. Wildlife lawfully acquired can be disposed of by the owner or his agent within 60 days of license revocation.
A. Commercial Wildlife Park Licenses
1. Big Game Hunting issued for hunting big game animal - Omitted
2. Wildlife Exhibitors Park - Issued for licensees who exhibit live wildlife (except birds) for educational or promotional activi ties.
a. All wildlife held must be tagged with USDA official eartags, or eartags supplied or approved by the Division of Wildlife, banded or in the case of carnivores, tattooed with accompanying photograph (front and side view of head).
b. All progeny of wildlife held therein must be tagged or marked by December 31 of the year of birth or prior to leaving the facility, whichever is earlier.
c. Exhibition of animals in the following families, Felidae, Ursidae or Canidae, outside the licensed Wildlife Exhibitors park premises is prohibited except under the following conditions:
1. Animals must be caged at all times.
2. Animals may be exhibited out of cage only when th exhibitor is covered by a certificate of insurance in the face amount of no less then $500,000 showing coverage for general liability. Copies of the liability insurance policy shall be forwarded to th Special License Unit of the Division prior to the scheduled event.
3. Animals must remain caged during any exhibition in public or private schools.
d. Exhibition of any wildlife for educational purposes is permitted under the following conditions:
1. A copy of the authorization from the educational institution must be submitted to the Special Licensing Unit prior to presentation.
2. A copy of the lesson plan must be submitted on an annual basis to the Division of Wildlife Education Unit.
e. All parks shall have isolation facilities designed to prevent intermixing with other captive wildlife or free-ranging native wildlife.
3. Wildlife Producers Park - Issued for trading, selling, bartering brokering and transporting live wildlife and parts.
a. All wildlife (except birds) shall be permanently marked with USDA "Official eartags", or with eartags supplied or approved by the Division of Wildlife. Or in the case of carnivores, tattooed with accompanying photograph (front and side view of head). Tags shall be issued to breeders on an annual basis. No tags may be transferred or removed, except that tags shall be removed from dead animals. The use, removal or loss of tags will be reported to the Division of Wildlife within ten (10) days of such use or discovery of loss on forms provided by the Division. Unused, removed and damaged tags shall be returned with the license renewal application at the end of the year.
b. All progeny of wildlife held therein must be tagged or marked by December 31 of the year of birth or prior to leaving the facility, whichever is earlier.
c. All parks shall have the capability to handle and mark live captive ungulates without relying solely on the use of drugs.
d. All parks shall have isolation facilities designed to prevent intermixing with other captive wildlife or free-ranging native wildlife.
4. All facilities licensed to hold captive ungulates and all other species of mammals except carnivores shall have perimeter fences designed to meet the following minimum requirements: - Omitted
5. All facilities licensed to hold captive carnivores shall meet the following requirements:
a. Minimum height of 8 feet with top or 10 feet with cantilever with 2 livestock-type electrified wires. Walls shall extend three feet below ground if woven wire, solid walls one foot. If the substrate will not permit sub-surface construction, 9 gauge chain link fence shall extend 3 feet inside on the surface. This shall be securely anchored.
(1) All facilities that only contain members of the family Canidea may have a minimum height of eight (8) feet, provided there are two (2) electrified wires - one on the top and one at the bottom.
b. Nine gauge or heavier chain link must be used for fencing construction below the 8 foot level if electrified wire is not used. The 11-1/2 gauge or lighter wire may only be used in conjunction with 2 electrified wires.
c. Locked double gates.
d. Post or stay every ten feet, if less than 8 inches in diameter or 20 feet if greater than 8 inches in diameter.
e. All facilities must meet these requirements within one year of the adoption date of these regulations.
6. Omitted
7. Omitted
B. Noncommercial Park License
1. Omitted
2. Omitted
3. Omitted
C. Zoological Park License - Fee $100.00. Issued for facilities that meet the requirements of 33-4-102 (13).
A. Persons shall apply on forms provided by the Division, accompanied by funds in the amount of the established license fee established in 33-4-102 (2) C.R.S. (1984), as may be amended. Applicants must also send a plan of the proposed park showing areas to be fenced, topography, type of fence an isolation facilities.
B. Persons shall list all additional satellite locations which are owned, managed and/or leased under a single individual or coloration.
C. Persons shall list the species of wildlife they desire to possess.
1. To add additional families of wildlife to an existing license, the licensee must fill out a new application listing those families they desire to acquire. The amended license must be approved prior to the licensee acquiring and possessing new families. Within 15 days of acquisition of a new species under a previously approved family, the applicant must inform the Division in writing.
D. A Division officer shall make a personal inspection of the applicants facilities when considering an application.
E. a. An application for a license issuance or renewal shall be denied in its entirety or limited as to species authorized to be kept if necessary to protect Colorado's wildlife resources from significant negative impacts such as:
1. Potential habitat competition, damage or destruction.
2. Disruption of migration, breeding, or rearing and survival of young.
3. Predation
4. Danger to humans, domestic livestock or property.
5. Disease.
b. Written notification of denial will be furnished to the applicant stating the reasons for the denial within forty-five (45) days of the application.
c. Review of a denial of a Commercial Parks License shall be in accordance with Section 24-4-104 C.R.S. (1988 & 1989 Supp.), as may be amended.
F. Expiration and Renewal of Licenses - Omitted
#1106 - VACANT
A. Omitted
B. Most Restrictive Federal or State Law - In all cases of licensing, taking, possession, importation, exportation, release, marking and sale of wildlife, the most restrictive state or federal law shall apply.
BASIS AND PURPOSE - The basis and purpose is hereby incorporated by reference at the office of the Division of Wildlife.
The primary statutory authority for these regulations is section 333-1-101, -102, -104, -105, -106, -107, -108, and -110, 33-4-102, and Article 6 of Title 33, C.R.S. (1984 & 1993 Supp.) as amended; and 24-4-103, C.R.S. (1988 and 1993 Supp.) as amended.
EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JULY 1, 1994 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.
APPROVED AND ADOPTED BY THE WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 12TH DAY OF MAY, 1994.
ATTEST:
Arnold Salazar
Secretary
Colorado prohibits the possession of non-human primates under statute 35-80- 108 (1) (j) (II) (A). As per 35-80-108 (1) (j) (II) (B) this prohibition does not apply to licensed zoological parks; research institutes licensed or registered under the provisions of the "Animal Welfare Act of 1970"; nor does this apply to the keeping of a nonhuman primate as a household pet by any person who owned such primate on or before July 1, 1973; or to the keeping by a disabled person of a nonhuman primate specially trained to assist such person.
There are also local ordinances and laws pertaining to the possession of wildlife which you must research. Each city is very different as to their possession of wildlife laws.