Section 33-6-107 - Licensing violations - penalties - rule(1)(a) Except as otherwise provided in articles 1 to 6 of this title 33 or by rule of the commission, a person shall not procure or use more than one license of a certain type in a calendar year. A person who violates this subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall, with respect to wildlife other than big game, be punished by a fine of one hundred dollars and an assessment of ten license suspension points or shall, with respect to big game, be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points.(b) A license procured in violation of this subsection (1) is void.(2)(a) Any person who makes a false statement or provides false information in connection with applying for or purchasing a license, or any license agent who knowingly uses or accepts false information in connection with selling or issuing a license, is guilty of a misdemeanor and, upon conviction, shall be punished by the following fines:(I) For each license that is not a big game license, a fine that is equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed.(II) For each big game license, a fine that is equal to twice the cost of the most expensive license for such species and an assessment of fifteen license suspension points shall be assessed.(b) All licenses obtained with false information are void.(3) Except as otherwise provided in articles 1 to 6 of this title or by rule of the commission, any person, regardless of age, who hunts or takes wildlife in this state shall procure a proper and valid license therefor and shall have the valid license on his or her person when exercising the benefits it confers. A person who violates this subsection (3) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine and an assessment of license suspension points as follows: (a) For each license that is not a big game license, the fine shall be equal to twice the cost of the most expensive license for such species and ten license suspension points shall be assessed.(b) For each big game license, fifteen license suspension points and a fine that is equal to twice the cost of the most expensive license for such species shall be assessed.(3.5) Except as provided in subsection (9) of this section, it is unlawful for any person under sixteen years of age to hunt wildlife with a youth license issued pursuant to section 33-4-102 (1.4)(x) unless such person is at all times personally accompanied by, and in voice and reasonable visual contact with, a person eighteen years of age or older who holds a valid hunter education certificate or who was born before January 1, 1949. Any person who violates this subsection (3.5) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of fifty dollars and is assessed five license suspension points.(4) It is unlawful for any person under twelve years of age to hunt or take big game, and it is unlawful for persons between the ages of twelve and fifteen years of age to hunt or take big game except when at all times personally accompanied by, and in voice and reasonable visual contact with, a person eighteen years of age or older who holds a valid hunter education certificate or who was born before January 1, 1949. Any person who violates this subsection (4) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of fifty dollars and is assessed ten license suspension points.(5) Any person who possesses live wildlife in this state and who is required by commission rule to have a license for possession of live wildlife shall have the required license at the site where the wildlife is kept. Any person who violates this subsection (5) commits a petty offense and, upon conviction thereof, shall be punished by a fine of one hundred dollars and is assessed ten license suspension points.(6) A person sixteen years of age or older who fishes for or takes fish, amphibians, mollusks, or crustaceans in this state shall have a proper and valid fishing license on his or her person. Persons under sixteen years of age are not required to have a fishing license and are entitled to the full bag or possession limit set by the commission. A person who violates this subsection (6) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points.(7) It is unlawful to alter, transfer, sell, loan, or assign a lawfully acquired license to another person, or to use another person's lawfully acquired license. A person who violates this subsection (7) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars and an assessment of fifteen license suspension points, and licenses so used are void.(8)(a) Unless otherwise permitted by commission rule, it is unlawful for any person born on or after January 1, 1949, to purchase or obtain any hunting license, hunt, or trap unless the person has been issued a hunter education certificate by the division, attesting to the person's successful completion of a division-certified hunter education course taught by a division-certified instructor or equivalent education and training recognized by the division under paragraph (b), (c), or (e) of this subsection (8) or subsection (10) of this section.(b) In order to increase hunter recruitment and retention, the commission may promulgate a rule establishing alternative requirements to obtain a certificate of hunter education. The alternatives may include: Options to demonstrate knowledge of hunting, safety, and ethics; course delivery options; completion of a hunter education course, including any required hands-on activities, offered pursuant to section 22-1-134; issuing temporary or apprentice certificates of hunter education; and an option to test out of the hunter education course.(c) The commission shall promulgate a rule allowing veterans, including active-duty, reserve-duty, or national guard personnel, to obtain a hunter education certificate without attending a hunter education course if the veteran successfully passes a test-out option as developed by the commission. To qualify, a veteran must be discharged under honorable conditions or be a discharged LGBT veteran, as defined in section 28-5-100.3.(d) Unless the certificate of hunter education has been verified by the division, any person required to obtain a certificate of hunter education shall have the certificate on his or her person while hunting, trapping, or taking wildlife.(e) For the purposes of this subsection (8), the division shall recognize, in addition to Colorado hunter education certificates issued on or after January 1, 1985, those Colorado hunter education certificates issued before January 1, 1985, and any valid temporary hunter education certificate issued by the division, and the division may recognize the hunter education programs of or certificates of other states or countries as being sufficient for the purposes of purchasing a hunting license in Colorado.(f) Any person who violates this subsection (8) or any rule implementing this subsection (8) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of ten license suspension points.(9) For the purposes of this section, any person, any member of such person's family, or any employee of the person may hunt, trap, or take black-billed magpies, common crows, starlings, English or house sparrows, common pigeons, coyotes, bobcats, red foxes, raccoons, jackrabbits, badgers, marmots, prairie dogs, pocket gophers, Richardson's ground squirrels, rock squirrels, thirteen-lined ground squirrels, porcupines, crayfish, tiger salamanders, muskrats, beavers, exotic wildlife, and common snapping turtles on lands owned or leased by the person without securing licenses to do so, but only when such wildlife is causing damage to crops, real or personal property, or livestock. Any person may kill skunks or rattlesnakes when necessary to protect life or property. The pelts or hides of any mammals taken under this subsection (9) may be transferred, possessed, traded, bartered, or sold by a person who holds an appropriate small game license.(10)(a) The division may issue an apprentice certificate of hunter education to a person who: (I) Is at least ten years of age;(II) Is being taught to hunt by a mentor who is eighteen years of age or older and who holds a valid hunter education certificate or who was born before January 1, 1949; and(III) Complies with any requirements established by rule of the commission.(b) While hunting, a person issued an apprentice certificate of hunter education shall be personally accompanied by, in voice contact with, and in visual contact with a mentor who is eighteen years of age or older and who holds a valid hunter education certificate or who was born before January 1, 1949.(c) An apprentice certificate of hunter education:(I) May be used in lieu of a certificate of hunter education issued under subsection (8) of this section to purchase or obtain a license to take wildlife; and(II) Is valid for no more than one year after issuance.Amended by 2022 Ch. 115, § 2, eff. 8/10/2022.Amended by 2021 Ch. 462, § 551, eff. 3/1/2022.Amended by 2021 Ch. 42, § 15, eff. 11/11/2021.Amended by 2019 Ch. 423, § 5, eff. 7/1/2019.Amended by 2015 Ch. 220, § 1, eff. 8/5/2015.L. 84: Entire article R& RE, p. 868, § 1, effective 1/1/1985. L. 89: (8) and (9) amended, p. 1346, § 6, effective April 27. L. 94: (3.5) added and (4) and (6) amended, p. 1221, § 4, effective May 22; (3), (4), (7), (8), and (9) amended, p. 1582, § 11, effective May 31. L. 95: (4) amended, p. 1111, § 67, effective May 31. L. 2003: (2) and (3) amended, p. 1941, § 5, effective May 22; (1), (6), (7), and (9) amended, pp. 1028, 1032, §§ 2, 9, effective July 1. L. 2015: (8) amended and (10) added, (SB 15-226), ch. 808, p. 808, § 1, effective August 5. L. 2019: (1)(a), (5), (6), and (8)(f) amended, (HB 19-1026), ch. 3693, p. 3693, § 5, effective July 1. L. 2021: (8)(c) amended, (SB 21 -026), ch. 177, p. 177, § 15, effective November 11; (3.5), (4), and (5) amended, (SB 21-271), ch. 3259, p. 3259, § 551, effective 3/1/2022.(1) Subsection (8) is similar to former § 33-4-113 as it existed prior to 1984.
(2) Amendments to subsection (4) by Senate Bill 94-066 and Senate Bill 94-137 were harmonized.
2022 Ch. 115, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2021 Ch. 42, was passed without a safety clause. See Colo. Const. art. V, § 1(3). (1) For the legislative declaration contained in the 1994 act enacting subsection (3.5) and amending subsections (4) and (6), see section 1 of chapter 209, Session Laws of Colorado 1994. (2) 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. (3) For the short title ("Restoration of Honor Act") in SB 21-026, see section 1 of chapter 42, Session Laws of Colorado 2021.