Wildfire Resiliency Prohibiting Taking of Beavers

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1323 LLS NO. 26-0340.02 Sarah Lozano x3858 HOUSE SPONSORSHIP Lindsay and Velasco, SENATE SPONSORSHIP Cutter and Kipp, House Committees Senate Committees Agriculture, Water & Natural Resources A BILL FOR AN ACT CONCERNING WILDFIRE RESILIENCY THROUGH A PROHIBITION ON THE TAKING OF BEAVERS ON PUBLIC LAND IN THE STATE.

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. 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: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that: (a) Colorado faces escalating risks from drought and high-intensity wildfires;

(b) Scientific research demonstrates that beaver activity plays a vital role in reducing wildfire intensity, facilitating wildfire recovery, protecting water quality, and improving drought and landscape resilience;

(c) The beaver is a keystone species that serves as an ecological engineer, whose habitat can provide refuge to wildlife from wildfires, facilitate the recovery of imperiled species, and foster plant community resilience;

(d) Wetlands created by beavers act as natural firebreaks that maintain green vegetation and water storage even under severe drought and fire conditions;

(e) According to the United States forest service, a lack of beaver populations across the western United States has contributed to increased wildfires in dry landscapes;

(f) Colorado's public lands contain many of the headwaters, streams, and riparian corridors that face a high risk of moderate- to high-intensity wildfire and are where beaver-created wetlands can provide critical natural wildfire breaks and post-wildfire refuge;

(g) By conserving beaver populations and facilitating beaver recolonization on public lands, Colorado can strengthen natural fire defenses, safeguard watersheds, and reduce long-term firefighting and recovery costs;

(h) Recognizing the state's budgetary constraints, beavers provide a cost-free service that provides extensive economic benefits to the state by assisting in the state's fight against escalating and destructive wildfires;

and

(i) Recognizing the Colorado division of parks and wildlife's ongoing statewide beaver planning efforts, the division is not the sole authority responsible for wildfire and watershed resilience on public lands, and planning alone does not ensure the protection of beaver populations necessary to achieve wildfire, watershed, and drought resilience benefits; therefore, the state has an independent obligation to take timely and enforceable action to reduce escalating wildfire risk.

(2) The general assembly therefore declares that, as part of Colorado's wildfire resiliency strategy, it is critical for the state to conserve beavers on public land by prohibiting the taking of beavers for a recreational purpose or commerce in beaver fur, parts, or products on public land in the state.

SECTION 2. In Colorado Revised Statutes, add 33-6-133 as follows: 33-6-133.

Prohibition on the recreational or commercial taking of beavers on public land for wildfire resiliency - exceptions - rules - penalty - definitions.

(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "BRUNOT AGREEMENT" MEANS THE AGREEMENT OF SEPTEMBER 13, 1873, RATIFIED BY ACT OF APRIL 29, 1874, CH. 136, 18 STAT. 36 (1874).

(b) "BRUNOT AREA" MEANS THE LAND RELINQUISHED AND CONVEYED BY THE CONFEDERATED BANDS OF THE UTE NATION TO THE UNITED STATES IN THE BRUNOT AGREEMENT AND UPON WHICH THE UNITED STATES AGREED TO PERMIT THE UTE INDIANS TO HUNT "SO LONG AS THE GAME LASTS AND THE INDIANS ARE AT PEACE WITH THE WHITE PEOPLE."

(c) "ENROLLED TRIBAL MEMBER" MEANS AN ENROLLED MEMBER OF A FEDERALLY RECOGNIZED TRIBE.

(d) (I) "PUBLIC LAND" MEANS FEDERAL AND STATE-MANAGED LANDS IN THE STATE, INCLUDING LANDS MANAGED BY THE UNITED STATES FOREST SERVICE AND LANDS MANAGED BY THE FEDERAL BUREAU OF LAND MANAGEMENT.

(II) "PUBLIC LAND" INCLUDES THE PORTION OF A LAKE, POND, RIVER, STREAM, OR OTHER WATER BODY THAT IS WITHIN THE BOUNDS OF PUBLIC LAND.

(e) (I) "TAKE" MEANS TO WOUND OR KILL A BEAVER.

(II) "TAKE" DOES NOT INCLUDE THE ACCIDENTAL WOUNDING OR KILLING OF A BEAVER.

(2) EXCEPT AS SET FORTH IN SUBSECTION (3) OR (6) OF THIS SECTION OR EXPRESSLY AUTHORIZED BY FEDERAL LAW, IT IS UNLAWFUL FOR A PERSON TO TAKE A BEAVER ON PUBLIC LAND FOR A RECREATIONAL PURPOSE OR COMMERCE IN BEAVER FUR, PARTS, OR PRODUCTS.

(3) THIS SECTION DOES NOT APPLY TO THE TAKING OF A BEAVER ON PUBLIC LAND IF THE TAKING IS CONDUCTED:

(a) FOR A PURPOSE OTHER THAN A RECREATIONAL PURPOSE OR COMMERCE IN BEAVER FUR, PARTS, OR PRODUCTS SO LONG AS THE FUR, PARTS, OR PRODUCTS OF THE BEAVER ARE NOT BOUGHT, SOLD, BARTERED, OR OTHERWISE EXCHANGED FOR PROFIT; OR

(b) BY AN ENROLLED TRIBAL MEMBER PURSUANT TO A HUNTING, FISHING, OR TRAPPING RIGHT RESERVED BY FEDERAL LAW, TREATY, OR PRESIDENTIAL EXECUTIVE ORDER.

THE COMMISSION MAY ADOPT RULES NECESSARY TO IMPLEMENT THIS SECTION. IF THE COMMISSION ADOPTS RULES, THE COMMISSION'S RULES MUST ENSURE THAT THE ROLE OF BEAVERS AND BEAVER-CREATED WETLANDS IN THE WILDFIRE RESILIENCY OF PUBLIC LAND IS PROTECTED.

(5) A PERSON THAT VIOLATES THIS SECTION SHALL BE PENALIZED BY:

(a) A FINE OF ONE THOUSAND DOLLARS;

(b) A SURCHARGE AS DESCRIBED IN SECTION 24-33.5-415.6; AND

(c) AN ASSESSMENT OF TWENTY LICENSE SUSPENSION POINTS.

(6) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THIS SECTION DOES NOT:

(a) APPLY TO LANDS WITHIN THE RESERVATION OF A FEDERALLY RECOGNIZED TRIBE; OR

(b) ALTER THE MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE SOUTHERN UTE INDIAN TRIBE, DATED JANUARY 2013, OR THE MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE UTE MOUNTAIN UTE TRIBE, DATED JANUARY 2013, OR ANY AMENDMENTS TO THE MEMORANDUMS, REGARDING WILDLIFE MANAGEMENT AND ENFORCEMENT IN THE AGREEMENT.

BRUNOT AREA PURSUANT TO THE BRUNOT

SECTION 3. In Colorado Revised Statutes, 24-33.5-415.6, amend (7) as follows: 24-33.5-415.6. Offender identification - fund.

(7) A surcharge of two dollars and fifty cents is hereby levied against each penalty assessment issued pursuant to section 33-6-104, 33-6-133, or 33-15-102 C.R.S., that results in payment of the penalty assessment without the commencement of a criminal action. All moneys MONEY collected by the division of parks and wildlife in the department of natural resources pursuant to this subsection (7) shall be transmitted to the state treasurer, who shall credit the same to the fund.

SECTION 4. Applicability. This act applies to conduct occurring on or after the effective date of this act. SECTION 5.

Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.