(1) On the basis of investigations of nongame wildlife provided for in section 33-2-104 and other available scientific and commercial data and after consultation with other state wildlife agencies, the Colorado water conservation board, the Colorado water and power development authority, water conservancy districts, and other water conservation districts of the state, and other water resource development agencies within the state, appropriate federal agencies, and other interested persons and organizations, the commission shall by regulation adopted pursuant to the procedures specified in sections 33-1-111 and 24-4-103, C.R.S., establish a list of those species and, where necessary, subspecies of wildlife indigenous to this state which are determined to be endangered or threatened within this state, giving their common and scientific names by species and, where necessary, by subspecies.
(2) The commission shall:
(a) Conduct, by July 1, 1986, and at least once every five years thereafter, a review of all species included in the state lists of endangered or threatened species established pursuant to subsection (1) of this section; and
(b) Determine on the basis of such review whether any such species should:
(I) Be removed from such list;
(II) Be changed in status from an endangered species to a threatened species; or
(III) Be changed in status from a threatened species to an endangered species.
(3) Except as otherwise provided in this article, it is unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship and for any common or contract carrier to knowingly transport or receive for shipment any species or subspecies of wildlife appearing on the list of wildlife indigenous to this state determined to be endangered within the state pursuant to subsection (1) of this section.
(4) Except as otherwise provided in this article, it is unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship and for any common or contract carrier to knowingly transport or receive for shipment any species or subspecies of wildlife appearing on the list of wildlife indigenous to this state determined to be threatened within the state pursuant to subsection (1) of this section.
Source: L. 84: Entire article R&RE, p. 863, � 1, effective January 1, 1985.
Editor's note: This section is similar to former � 33-8-105 as it existed prior to 1984.
33-2-105.5. Reintroduction of endangered species - legislative declaration. (1) The general assembly determines and declares that pursuant to the tenth amendment of the United States constitution, the state of Colorado has primacy over affairs that are of statewide concern and that matters concerning the environment, including the introduction or reintroduction of species that are currently not found or no longer found in this state is a statewide concern and should be conducted by the state through specific legislation. Reintroduction drives enormous land use questions and impacts property and water rights throughout Colorado.
(2) Before any species may be introduced or reintroduced into this state through action by any state or local government entity, the general assembly shall act by bill to specifically name such species and to specify the manner of introduction or reintroduction. The species to be introduced or reintroduced shall be:
(a) Not, or no longer, found in this state; and
(b) A candidate for listing or has been placed in the threatened or endangered species list pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. sec. 1531 et seq., as amended.
Source: L. 99: Entire section added, p. 415, � 1, effective October 15. L. 2000: (1) amended, p. 23, � 5, effective August 2.
33-2-105.6. Reintroduction of the bonytail fish and the black-footed ferret - repeal. (Repealed)
Source: L. 2000: Entire section added, p. 436, � 1, effective April 18. L. 2013: IP(1), (1)(b)(II), (4)(b), and (4)(d) amended, (SB 13-169), ch. 410, p. 2428, � 1, effective August 7. L. 2014: IP(4)(b) and (4)(e) amended and (4)(f) added, (HB 14-1267), ch. 218, p. 818, � 2, effective August 6.
Editor's note: Subsection (4)(f)(III) provided for the repeal of this section, effective July 1, 2019. (See L. 2014, p. 818.)
Cross references: For the legislative declaration in HB 14-1267, see section 1 of chapter 218, Session Laws of Colorado 2014.