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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0340.02 Sarah Lozano x3858 HOUSE BILL 26-1323
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
CONCERNING WILDFIRE RESILIENCY THROUGH A PROHIBITION ON THE101
TAKING OF BEAVERS ON PUBLIC LAND IN THE STATE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill prohibits the taking of beavers on public land for a
recreational purpose or commerce in beaver fur, parts, or products. The
parks and wildlife commission may adopt rules to implement the
prohibition and, if the commission adopts rules, the rules must ensure that
the role of beavers in the wildfire resiliency of public land is protected.
A violation of the prohibition carries certain penalties.
HOUSE SPONSORSHIP
Lindsay and Velasco,
SENATE SPONSORSHIP
Cutter and Kipp,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Colorado faces escalating risks from drought and4
high-intensity wildfires;5
(b) Scientific research demonstrates that beaver activity plays a6
vital role in reducing wildfire intensity, facilitating wildfire recovery,7
protecting water quality, and improving drought and landscape resilience;8
(c) The beaver is a keystone species that serves as an ecological9
engineer, whose habitat can provide refuge to wildlife from wildfires,10
facilitate the recovery of imperiled species, and foster plant community11
resilience;12
(d) Wetlands created by beavers act as natural firebreaks that13
maintain green vegetation and water storage even under severe drought14
and fire conditions;15
(e) According to the United States forest service, a lack of beaver16
populations across the western United States has contributed to increased17
wildfires in dry landscapes;18
(f) Colorado's public lands contain many of the headwaters,19
streams, and riparian corridors that face a high risk of moderate- to20
high-intensity wildfire and are where beaver-created wetlands can provide21
critical natural wildfire breaks and post-wildfire refuge;22
(g) By conserving beaver populations and facilitating beaver23
recolonization on public lands, Colorado can strengthen natural fire24
defenses, safeguard watersheds, and reduce long-term firefighting and25
recovery costs;26
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(h) Recognizing the state's budgetary constraints, beavers provide1
a cost-free service that provides extensive economic benefits to the state2
by assisting in the state's fight against escalating and destructive wildfires;3
and4
(i) Recognizing the Colorado division of parks and wildlife's5
ongoing statewide beaver planning efforts, the division is not the sole6
authority responsible for wildfire and watershed resilience on public7
lands, and planning alone does not ensure the protection of beaver8
populations necessary to achieve wildfire, watershed, and drought9
resilience benefits; therefore, the state has an independent obligation to10
take timely and enforceable action to reduce escalating wildfire risk.11
(2) The general assembly therefore declares that, as part of12
Colorado's wildfire res iliency strate gy, it is critical for the state to13
conserve beavers on public land by prohibiting the taking of beavers for14
a recreational purpose or commerce in beaver fur, parts, or products on15
public land in the state.16
SECTION 2. In Colorado Revised Statutes, add 33-6-133 as17
follows:18
33-6-133. Prohibition on the recreational or commercial19
taking of beavers on public land for wildfire resiliency - exceptions20
- rules - penalty - definitions.21
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE22
REQUIRES:23
(a) "B RUNOT AGREEMENT" MEANS THE AGREEMENT OF24
SEPTEMBER 13, 1873, RATIFIED BY ACT OF APRIL 29, 1874, CH. 136, 1825
STAT. 36 (1874).26
(b) "B RUNOT AREA " MEANS THE LAND RELINQUISHED AND27
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CONVEYED BY THE CONFEDERATED BANDS OF THE UTE NATION TO THE1
UNITED STATES IN THE BRUNOT AGREEMENT AND UPON WHICH THE2
UNITED STATES AGREED TO PERMIT THE UTE INDIANS TO HUNT "SO LONG3
AS THE GAME LASTS AND THE INDIANS ARE AT PEACE WITH THE WHITE4
PEOPLE."5
(c) "ENROLLED TRIBAL MEMBER" MEANS AN ENROLLED MEMBER6
OF A FEDERALLY RECOGNIZED TRIBE.7
(d) (I) "P UBLIC LAND" MEANS FEDERAL AND STATE -MANAGED8
LANDS IN THE STATE, INCLUDING LANDS MANAGED BY THE UNITED STATES9
FOREST SERVICE AND LANDS MANAGED BY THE FEDERAL BUREAU OF LAND10
MANAGEMENT.11
(II) "P UBLIC LAND" INCLUDES THE PORTION OF A LAKE , POND ,12
RIVER, STREAM, OR OTHER WATER BODY THAT IS WITHIN THE BOUNDS OF13
PUBLIC LAND.14
(e) (I) "TAKE" MEANS TO WOUND OR KILL A BEAVER.15
(II) "TAKE" DOES NOT INCLUDE THE ACCIDENTAL WOUNDING OR16
KILLING OF A BEAVER.17
(2) E XCEPT AS SET FORTH IN SUBSECTION (3) OR (6) OF THIS18
SECTION OR EXPRESSLY AUTHORIZED BY FEDERAL LAW, IT IS UNLAWFUL19
FOR A PERSON TO TAKE A BEAVER ON PUBLIC LAND FOR A RECREATIONAL20
PURPOSE OR COMMERCE IN BEAVER FUR, PARTS, OR PRODUCTS.21
(3) THIS SECTION DOES NOT APPLY TO THE TAKING OF A BEAVER22
ON PUBLIC LAND IF THE TAKING IS CONDUCTED:23
(a) F OR A PURPOSE OTHER THAN A RECREATIONAL PURPOSE OR24
COMMERCE IN BEAVER FUR , PARTS, OR PRODUCTS SO LONG AS THE FUR ,25
PARTS, OR PRODUCTS OF THE BEAVER ARE NOT BOUGHT, SOLD, BARTERED,26
OR OTHERWISE EXCHANGED FOR PROFIT; OR27
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(b) BY AN ENROLLED TRIBAL MEMBER PURSUANT TO A HUNTING,1
FISHING, OR TRAPPING RIGHT RESERVED BY FEDERAL LAW , TREATY, OR2
PRESIDENTIAL EXECUTIVE ORDER.3
(4) T HE COMMISSION MAY ADOPT RULES NECESSARY TO4
IMPLEMENT THIS SECTION . IF THE COMMISSION ADOPTS RULES , THE5
COMMISSION'S RULES MUST ENSURE THAT THE ROLE OF BEAVERS AND6
BEAVER-CREATED WETLANDS IN THE WILDFIRE RESILIENCY OF PUBLIC7
LAND IS PROTECTED.8
(5) A PERSON THAT VIOLATES THIS SECTION SHALL BE PENALIZED9
BY:10
(a) A FINE OF ONE THOUSAND DOLLARS;11
(b) A SURCHARGE AS DESCRIBED IN SECTION 24-33.5-415.6; AND12
(c) AN ASSESSMENT OF TWENTY LICENSE SUSPENSION POINTS.13
(6) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE14
CONTRARY, THIS SECTION DOES NOT:15
(a) APPLY TO LANDS WITHIN THE RESERVATION OF A FEDERALLY16
RECOGNIZED TRIBE; OR17
(b) ALTER THE MEMORANDUM OF UNDERSTANDING BETWEEN THE18
STATE AND THE SOUTHERN UTE INDIAN TRIBE, DATED JANUARY 2013, OR19
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE20
UTE MOUNTAIN UTE TRIBE, DATED JANUARY 2013, OR ANY AMENDMENTS21
TO THE MEMORANDUMS , REGARDING WILDLIFE MANAGEMENT AND22
ENFORCEMENT IN THE BRUNOT AREA PURSUANT TO THE BRUNOT23
AGREEMENT.24
SECTION 3. In Colorado Revised Statutes, 24-33.5-415.6,25
amend (7) as follows:26
24-33.5-415.6. Offender identification - fund.27
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(7) A surcharge of two dollars and fifty cents is hereby levied1
against each penalty assessment issued pursuant to section 33-6-104,2
33-6-133, or 33-15-102 C.R.S., that results in payment of the penalty3
assessment without the commencement of a criminal action. All moneys4
MONEY collected by the division of parks and wildlife in the department5
of natural resources pursuant to this subsection (7) shall be transmitted to6
the state treasurer, who shall credit the same to the fund.7
SECTION 4. Applicability. This act applies to conduct occurring8
on or after the effective date of this act.9
SECTION 5. Safety clause. The general assembly finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety or for appropriations for12
the support and maintenance of the departments of the state and state13
institutions.14
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