FILING - 03/24/2015

Basis and Purpose

Chapter W-11 - Commercial Parks

Basis and Purpose:

Addition of the Asian Water Buffalo to the Domestic Species List

The addition of the Asian Water Buffalo to the domestic species list was based off of a citizen petition request. The citizen claimed that Asian Water Buffalo have been domesticated for over 5,000 years and that they have a similar diet, potential for damage, behavior, and common diseases as domestic cattle. Based on the similarities between cattle and Asian Water Buffalo, the petitioner felt they should treated as livestock versus wildlife. CPW staff supported the petitioner’s request as did the State Department of Agriculture.

Prohibiting Possession of Animals Taken from the Wild in Colorado by all Wildlife Parks and Sanctuaries. Exceptions for when Wildlife Sanctuaries may Possess Animals Taken from the Wild in other States

In September of 2012, Colorado Parks and Wildlife denied The Wild Animal Sanctuary’s request to import and possess a nuisance bear named “Meatball” from California. This refusal was based on previous regulation #1104.C.5, which was adopted by the Wildlife Commission in 2005, and stated that “no wildlife taken from the wild shall be possessed by any wildlife sanctuary”.

This denial spurred several citizen petitions to be filed in January of 2013 asking the Parks and Wildlife Commission to change the regulation. The Parks and Wildlife Commission voted to deny all four petitions, but requested CPW staff to continue dialogue with the sanctuaries to address their concerns.

Based on this dialogue, CPW has identified areas where it can allow wildlife sanctuaries additional opportunities to accept animals taken from the wild in other states, provinces and countries, while maintaining the existing prohibition on possession of animals taken from the wild in Colorado, and otherwise protecting the wildlife management programs CPW has in place to keep wild animals wild and in the wild in Colorado. The regulation change also extends the prohibition of possessing animals taken from the wild in Colorado to all wildlife parks, not just sanctuaries.

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EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE MAY 1, 2015 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.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 4TH DAY OF MARCH, 2015.

APPROVED:

Robert W. Bray

Chairman

ATTEST:

Jeanne Horne

Secretary

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