2 Colo. Code Regs. § 406-10-1002

Current through Register Vol. 48, No. 1, January 10, 2025

Section 2 CCR 406-10-1002 - DESIGNATION OF SPECIES

A. Endangered Species Designation: The following wildlife are hereby declared endangered.

1. Fish:

Bonytail ¹

Razorback Sucker ¹

Rio Grande Sucker

Northern Redbelly Dace

Southern Redbelly Dace

Plains Minnow

Suckermouth Minnow

Lake Chub

2. Birds:

Plains Sharp-tailed Grouse

Whooping Crane ¹

Least Tern ¹

Southwestern Willow Flycatcher ¹

3. Mammals:

Kit Fox

Gray Wolf ¹

Grizzly Bear ²

Black-footed Ferret ¹

Wolverine

Lynx ²

4. Amphibians:

Boreal (Western) Toad

1 Appears on Federal List as Endangered.

2 Appears on Federal List as Threatened.

B. Take of Threatened and Endangered Species

1. Any person may take threatened or endangered wildlife in defense of his life or the life of others.

2. All threatened or endangered fish taken by any means shall be returned unharmed to the water immediately.

3. While conducting an otherwise lawful activity, including, but not limited to, live trapping or hunting bobcat, taking action pursuant to 33-6-207, C.R.S., to protect livestock, protection of livestock through the use of guard dogs, or taking action pursuant to 33-3-106, C.R.S., to prevent death or injury to human life or livestock, a Canada lynx is:

a. accidentally captured, but not injured, it shall be released immediately and the capture shall be reported to the Division of Wildlife within 24 hours;

b. accidentally injured, but not in the possession of the person, the injury shall be reported to the Division of Wildlife within 24 hours;

c. accidentally injured and in the possession of the person, the Canada lynx shall be immediately delivered to the Division of Wildlife or taken to a licensed veterinarian for appropriate care and reported to the Division of Wildlife within 24 hours;

d. accidentally killed, then it shall be reported to the Division of Wildlife within 24 hours and the carcass shall be delivered to the Division of Wildlife within 3 (three) days of the report.

Any failure to provide the required notice to the Division of Wildlife or to deliver the injured or dead Canada lynx to the Division of Wildlife within the time periods allowed shall be prima facie evidence of unlawful take and possession of Canada lynx.

For the purposes of this subsection, "accidental" specifically excludes any intentional, knowing or negligent action on behalf of any person or a person's agent or employee.

2 CCR 406-10-1002

38 CR 15, August 10, 2015, effective 9/1/2015

45 CR 03, February 10, 2022, effective 3/2/2022

45 CR 11, June 10, 2022, effective 7/1/2022

46 CR 11, June 10, 2023, effective 7/1/2023