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19 Nongame and Endangered Species Conservation 33-2-105 •
<br /> ability to sustain themselves successfully. On the basis of such determina-
<br /> tions, the commission shall issue regulations and develop management pro-
<br /> grams designed to insure the continued ability of nongame wildlife to
<br /> perpetuate themselves successfully. Such regulations shall set forth species
<br /> or subspecies of nongame wildlife which the commission deems in need of
<br /> management pursuant to this section, giving their common and scientific
<br /> names by species and, where necessary, by subspecies. The commission shall
<br /> conduct ongoing investigations of nongame wildlife and may from time to
<br /> time amend such regulations by adding or deleting therefrom species or
<br /> subspecies of nongame wildlife.
<br /> (2) The commission shall by regulation establish limitations relating to the
<br /> taking, possession, transportation, exportation, processing, sale or offering
<br /> for sale, or shipment as may be deemed necessary to manage nongame wild-
<br /> life.
<br /> (3) Except as provided in regulations issued by the commission, it is
<br /> unlawful for any person to take, possess, transport, export, process, sell or
<br /> offer for sale, or ship nongame wildlife deemed by the commission to be
<br /> in need of management pursuant to this section. Subject to the same excep-
<br /> tion, it is also unlawful for any common or contract carrier to knowingly
<br /> transport or receive for shipment nongame wildlife deemed by the commis-
<br /> sion to be in need of management pursuant to this section.
<br /> Source: R &RE, L. 84, p. 863, § 1.
<br /> 33-2-105. Endangered or threatened species. (1) On the basis of investiga-
<br /> tions of nongame wildlife provided for in section 33-2-104 and other available
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<br /> scientific and commercial data and after consultation with other state wildlife
<br /> agencies, the Colorado water conservation board, the Colorado water and
<br /> power development authority, water conservancy districts, and other water
<br /> conservation districts of the state, and other water resource development
<br /> agencies within the state, appropriate federal agencies, and other interested
<br /> persons and organizations, the commission shall by regulation adopted pur-
<br /> suant to the procedures specified in sections 33-1-111 and 24-4-103, C.R.S.,
<br /> establish a list of those species and, where necessary, subspecies of wildlife
<br /> indigenous to this state which are determined to be endangered or threatened
<br /> within this state, giving their common and scientific names by species and,
<br /> where necessary, by subspecies.
<br /> (2) The commission shall:
<br /> (a) Conduct, by July 1, 1986, and at least once every five years thereafter,
<br /> a review of all species included in the state lists of endangered or threatened
<br /> species established pursuant to subsection (1)of this section; and
<br /> (b) Determine on the basis of such review whether any such species
<br /> should:
<br /> (I) Be removed from such list;
<br /> (II) Be changed in status from an endangered species to a threatened spe-
<br /> cies; or
<br /> (III) Be changed in status from a threatened species to an endangered
<br /> species.
<br /> (3) Except as otherwise provided in this article, it is unlawful for any
<br /> person to take, possess, transport, export, process, sell or offer for sale, or
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