(1) It is unlawful for any person to transport or to export any wildlife or portion thereof within or from this state except in accordance with the rules or regulations of the commission.
(2) It is unlawful for any person to import any live wildlife into this state unless an importation license is obtained prior to importation, a current and valid health certificate accompanies each shipment, and such importation is in accordance with the rules and regulations of the commission.
(3) It is unlawful for any person to release, or knowingly allow the escape of, any live native or nonnative or exotic wildlife in Colorado except in accordance with the rules and regulations of the commission.
(3.5) This section does not apply to the transportation, importation, exportation, and release of live native or nonnative fish or viable gametes (eggs and sperm) which are governed by section 33-6-114.5.
(4) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars for violations involving native wildlife and by a fine of not less than two hundred fifty dollars nor more than one thousand dollars for violations involving nonnative or exotic wildlife. In addition, for violations involving either native wildlife or nonnative or exotic wildlife, five license suspension points per incident may be assessed by the division against an individual's license privileges.
(5) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title.
Source: L. 84: Entire article R&RE, p. 873, � 1, effective January 1, 1985. L. 90: (3) and (4) amended and (3.5) added, pp. 1529, 1531, �� 4, 5, effective July 1. L. 2008: (5) added, p. 1588, � 3, effective May 29. L. 2019: (4) amended, (HB 19-1026), ch. 423, p. 3695, � 8, effective July 1.
Cross references: For the short title (Respect the Great Outdoors Act) and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.
33-6-114.5. Native and nonnative fish - possession, transportation, importation, exportation, and release - penalties. (1) It is unlawful for any person to possess, transport, import, or export any live native or nonnative fish or viable gametes (eggs or sperm) except in accordance with the rules and regulations of the commission.
(2) It is unlawful for any person to possess live native or nonnative fish or viable gametes (eggs or sperm) which are infected with any disease designated by rule and regulation of the commission as a disease detrimental to existing fish populations or habitats unless the division is notified within two business days after the discovery of the presence of such a disease.
(3) It is unlawful for any person to possess live native or nonnative fish or viable gametes (eggs or sperm) which are of a species designated by rule and regulation of the commission as detrimental to existing fish populations or habitats.
(4) It is unlawful for any person to import any live native or nonnative fish or viable gametes (eggs or sperm) into this state unless, in accordance with the rules and regulations of the commission, both a current and valid importation license and health certificate are obtained prior to importation.
(5) It is unlawful for any person to release any live native or nonnative fish or viable gametes (eggs or sperm) in this state except in accordance with the rules and regulations of the commission.
(6) It is unlawful for any person to transport, import, export, or release any live native or nonnative fish or viable gametes (eggs or sperm) in violation of any quarantine order or disposition plan issued in accordance with any provisions of articles 1 to 6 of this title or any rule or regulation of the commission.
(7) (a) Any person who violates subsection (4) of this section commits a class 2 misdemeanor.
(b) Any person who violates subsection (2), (3), (5), or (6) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars. Such person is liable for all damages and costs associated with such unlawful release, including, but not limited to, the costs of eradication or removal.
(c) Repealed.
(8) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title.
Source: L. 90: Entire section added, p. 1531, � 6, effective July 1. L. 91: (7)(c) added, p. 199, � 5, effective June 7. L. 2003: (7)(c) repealed, p. 1942, � 7, effective May 22. L. 2008: (8) added, p. 1589, � 4, effective May 29. L. 2021: (7)(a) and (7)(b) amended, (SB 21-271), ch. 462, p. 3260, � 555, effective March 1, 2022.