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Colorado Revised Statutes Title 33. Parks and Wildlife § 33-6-114.5. Native and nonnative fish--possession, transportation, importation, exportation, and release--penalties

Current as of January 01, 2022 | Updated by FindLaw Staff

(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.

<Text of (7)(a) effective until March 1, 2022>

(7)(a) Any person who violates subsection (2), (3), or (4) of this section is guilty of a class 1 misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars.

<Text of (7)(a) effective March 1, 2022>

(7)(a) Any person who violates subsection (4) of this section commits a class 2 misdemeanor.

<Text of (7)(b) effective until March 1, 2022>

(b) Any person who violates subsection (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.

<Text of (7)(b) effective March 1, 2022>

(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 by Laws 2003, Ch. 305, § 7, eff. May 22, 2003.

(8) This section shall not apply to aquatic nuisance species, which shall be governed by article 10.5 of this title.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 33. Parks and Wildlife § 33-6-114.5. Native and nonnative fish--possession, transportation, importation, exportation, and release--penalties - last updated January 01, 2022 | https://codes.findlaw.com/co/title-33-parks-and-wildlife/co-rev-st-sect-33-6-114-5/

Read this complete Colorado Revised Statutes Title 33. Parks and Wildlife § 33-6-114.5. Native and nonnative fish--possession, transportation, importation, exportation, and release--penalties on Westlaw

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