Prevention of Wildlife Trafficking

The act adds species that appear in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Appendix I) to the wildlife covered under Colorado's wildlife trafficking and wildlife possession laws. The act clarifies that species listed on Colorado's endangered and threatened species list or the endangered and threatened species list pursuant to the federal "Endangered Species Act of 1973", 16 U.S.C. sec. 1531 et seq. (federal act) are also covered under Colorado's wildlife possession and wildlife trafficking laws.

The act establishes penalties for violating wildlife trafficking laws. A person who violates wildlife trafficking laws commits a class 1 misdemeanor; except that:

• If a person violates wildlife trafficking laws and the aggregate value of the wildlife involved is more than $1,000 but less than $10,000, the person commits a class 5 felony;
• If a person is convicted of trafficking wildlife and the wildlife involved is an endangered species or threatened species under Colorado law or the federal act or is a species that appears in CITES Appendix I, the person commits a class 4 felony; or
• If a person violates wildlife trafficking laws and the aggregate value of the wildlife involved is more than $10,000, the person commits a class 4 felony.

The act grants the parks and wildlife commission (commission) in the department of natural resources (department) authority to suspend wildlife licenses held by a person convicted of a violation of wildlife trafficking laws.

The act clarifies that the division of parks and wildlife (division) in the department has the authority to pursue a civil action against an individual to recover the possession or value of wildlife that was unlawfully taken and the minimum value that the division may recover for certain animals that are on the federal endangered and threatened species lists.

The act requires the division to conduct investigations and surveys to collect information and data related to wildlife trafficking and determine appropriate conservation, management, and law enforcement measures based on those investigations and surveys.

The general assembly is required to appropriate sufficient money to implement the act from the wildlife cash fund; except that money from the sale of hunting and fishing licenses in the wildlife cash fund must not be used for these purposes.

(Note: This summary applies to this bill as enacted.)