§ 35-40-101 — Powers and duties of the commissioner - rules - agreements

Colorado § 35-40-101

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Predatory Animals - Control

Text

(1)
It is the duty of the commissioner to control depredating animals within the state of
Colorado to reduce economic losses to agricultural products or resources, except
as otherwise set forth in subsection (4) of this section. The commissioner has
exclusive jurisdiction, as described in this article, over the control of depredating
animals.

(2) The commissioner may take such steps as are necessary to carry out this
part 1, including:

(a) Adopting rules for the control of depredating animals, in consultation
with the parks and wildlife commission;

(b) Establishing lethal and nonlethal methods of controlling depredating
animals;

(c) Allowing state employees and owners of agricultural products or
resources and their families, employees, agents, and identified designees to control
depredating animals. Any bears or mountain lions taken by identified designees
shall remain the property of the state. The license requirements of section 33-6-107
(9), C.R.S., shall not apply to this article; except that the identified designee shall
possess a small game or furbearer license.

(d) Allowing nonlethal methods or preventive activities such as the use of
guard dogs and scaring devices.

(3) When promulgating rules for the control of depredating animals, the
commissioner shall consider and encourage humane and effective methods of
control.

(4) With respect to controlling depredating animals of an at-risk species, the
following applies:

(a) The parks and wildlife commission must approve any rules concerning the
taking of depredating animals of an at-risk species prior to the adoption of such
rules by the commissioner.

(b) The commissioner, when adopting or modifying rules, shall consider any
reasonably workable alternative designed to minimize the direct effect on at-risk
species.

(c) The commissioner shall control depredating animals of an at-risk species
only where damage is occurring.

(d) The commissioner shall notify the division of parks and wildlife in the
department of natural resources when controlling depredating animals of an at-risk
species.

(5) The state agricultural commission shall approve any rules necessary to
carry out the provisions of this part 1 prior to their adoption by the commissioner.

(6) The commissioner may enter into written agreements on behalf of the
state with the United States to define such procedure in accordance with sections
35-40-101 to 35-40-106 as said commissioner shall deem advisable and proper for
the purpose of cooperating with the United States in the control in this state of
coyotes, wolves, mountain lions, bobcats, and other depredating animals. The
commissioner may also enter into written agreements concerning the analysis of
depredation.

(7) The commissioner is authorized to enter into agreements with the division
of parks and wildlife in the department of natural resources for assistance in
carrying out this part 1, which assistance may include resources, including financial
assistance, at the discretion of the parks and wildlife commission.

(8) The commissioner shall contact and provide information to the parks and
wildlife commission as said commission sets population levels and hunting permit
numbers for predators in areas where there is depredation to agriculture.

(9) The powers and duties vested in the commissioner by this article may be
delegated to qualified employees of the department.

(10) Nothing in this section shall be construed to preclude the division of
parks and wildlife from issuing permits pursuant to section 33-3-106, C.R.S., for the
taking of wildlife causing damage.

Legislative History

Source: L. 35: p. 926, � 1. CSA: C. 73, � 14. L. 41: p. 210, � 1. CRS 53: � 8-7-1. C.R.S. 1963: � 8-7-1. L. 73: p. 226, � 1. L. 89: Entire section amended, p. 1396, � 2, effective July 1. L. 96: Entire section amended, p. 295, � 3, effective April 12. L. 2012: IP(2), (2)(a), IP(4), (4)(a), (7), and (8) amended, (HB 12-1317), ch. 248, p. 1237, � 98, effective June 4.