Suspending Hunting and Fishing Licenses
Only the Parks and Wildlife Commission, and/or a Hearing Officer has the authority to suspend hunting and fishing privileges. The court may impose a suspension – as part of a plea agreement – but that is between the person and the court. The Commission, or their Hearing Examiner, does not recognize such a court prohibition as a state-imposed suspension but will take the court's sentencing into consideration when rendering a decision of suspension.
Suspension Points
Most wildlife-related violations have associated penalizing points that are assessed against hunting and fishing privileges. The number of associated license suspension points are determined by state statute. Suspension points are assessed only after conviction for wildlife-related crime(s). Juveniles convicted of wildlife–related violations are also subject to the wildlife license suspension process.
Commission Regulation Violations
All violations of Parks and Wildlife Commission regulations have 5 penalizing points.
License Suspension Hearing
If an individual has a wildlife conviction(s), AND accumulates 20 or more points within a 5-year period, they will be notified by certified mail at least 30 days prior to a wildlife license suspension hearing date.
Suspension Points
Violations that Result in a Hearing
A conviction results from any of the following:
- Payment of the fine associated with a ticket (known as a penalty assessment);
- A court conviction;
- A plea of nolo contendere (no contest);
- A deferred or suspended sentence by the court;
- Forfeiture of bail.
Wildlife-related Title 18 convictions (such as: Criminal Trespass) will also result in a certified notice to a suspension hearing. Hunting and fishing privileges may be suspended, if the violation was committed while hunting, trapping, fishing, or engaging in a wildlife-related activity. A suspension is possible, even if the original charge is pled to a Title 18 conviction from a Title 33 violation.
The following violations result in an automatic license suspension hearing, with a possible suspension of one year to lifetime:
- C.R.S. 33-6-109(3)(a) Endangered or threatened;
- C.R.S. 33-6-109(3)(b) Golden eagle, rocky mountain goat, desert bighorn sheep, American peregrine falcon, Rocky Mountain bighorn sheep;
- C.R.S. 33-6-109(3)(e) Three or more big game animals (in any combination);
- C.R.S. 33-6-113(a) Illegal sale or purchase of big game, endangered species, or eagles;
- C.R.S. 33-6-117(a)(I) Willful destruction of wildlife – big game, endangered species, or eagles;
- C.R.S. 33-4-101.3 Black bears – declaration of intent – spring season. (1) To prohibit the taking of black bears when female black bears are rearing their cubs and to promote the concept of fair chase by eliminating the use of bait and dogs. (6) First offense, automatic 5-year suspension; Second offense, automatic lifetime suspension.
If a person receives a third suspension, they will receive a lifetime suspension (as required by Colorado law).
In addition, cases involving violations by license agents for the division may also be subject to a hearing, with judgments made on sanctions to be taken.
License Suspension Hearing
About the Hearing
Hearing dates are set based upon the Hearing Examiner’s travel schedule to Colorado Parks and Wildlife offices throughout the state. Because each of the hearing locations may be scheduled only twice a year, it may take as long as 12 months after a case has a disposition, for a person to be notified of a hearing.
Hearings are held at a CPW office, but the licensee can request a different location, if more convenient. Non-residents may request that a hearing be conducted by phone. A person is not required to appear at the hearing, as the certified hearing notice is not a court summons.
During the Hearing, the individual will discuss the events related to the ticket(s) with the Hearing Examiner. The individual has the right to have any witnesses appear, and/or an attorney present, for the hearing. They can provide any evidence or documentation that is relevant, including the officer's case report. The individual can also request that the officer appear for the hearing.
Suspension Decisions
The majority of suspension decisions range from zero (0) years to five (5) years. However, more serious crimes can result in a longer suspension, from a minimum of one year, up to a lifetime.
Suspensions are based on what a defendant has been convicted of, as well as criteria set forth in Colorado Parks and Wildlife Commission Regulation 1601.B.2.f. The hearing examiner will take into consideration the following factors:
- Whether the violation(s) caused or resulted in the take of wildlife, injury or death of a person, or damage to or destruction of public or private property;
- The number of violations arising from the same transaction or occurrence;
- Whether the violation(s) involved the take of species listed as endangered, threatened or of special concern;
- Whether the violation(s) involved the take of trophy wildlife;
- Whether the violation(s) showed an intentional, knowing, or negligent disregard for wildlife or public safety;
- Whether the violation(s) involved intentional, knowing or negligent action on behalf of the party;
- Whether the party has any prior violations of wildlife statutes or regulations, or violations of state or federal law committed while hunting, fishing, or engaging in a related activity;
- Whether the party has any prior license suspensions;
- Whether the violation(s) occurred while the party was subject to a prior suspension or otherwise unlicensed;
- Whether the violation(s) involved any assault or threat to or resisting a peace officer;
- Whether the party self-reported the violation(s) or otherwise attempted to remedy or ameliorate the harm caused by the violation(s);
- The experience and age of the party and other social factors or circumstances associated with the violation(s);
- Whether the party interfered with or hindered the investigation of the violation(s);
- The criminal penalties imposed as part of the violation(s);
- Whether the party acted alone or in concert with other parties;
- The species and the number of wildlife taken, and;
- Whether the violation(s) involved any specified illegal manner of take (use of bait, traps, snares, poison, etc.).
Based on all the evidence presented, the hearing examiner will determine the weight to be given to any factor and that factor's effect on the duration of the suspension term.
Appeal a Suspension Decision
A person may appeal the hearing examiner's initial decision to the Parks and Wildlife Commission. A written notice of appeal must be filed with the Commission within thirty (30) days of the licensee’s receipt of the hearing examiner’s initial decision. The notice of appeal should include:
- the person’s name, address, telephone number and case file number;
- a narrative statement of the person’s position, including a complete statement of the factual and statutory basis supporting relief from the decision of the hearing examiner and the relief requested;
- copies of any written documentation or documentary evidence submitted to the hearing examiner;
- copy of the hearing examiner’s decision, including the findings of fact and conclusions of law, and;
- a copy of the transcript of the hearing on the suspension of license privileges conducted by the hearing examiner. The person requesting review shall be responsible for the production of the transcript.
The notice of appeal must be sent to:
CPW License Appeals
6060 Broadway, Denver, CO 80216
After the licensee submits written notice, the hearing examiner will send notice of the date of their scheduled hearing before the Commission. Commission review will be based on the notice of appeal and any additional written materials and documentary evidence provided to the Commission by the hearing examiner in response to the notice of appeal, and unless the Commission directs otherwise, there will be no oral presentations or further submissions to the Commission.
If a timely appeal is not made to the Commission, the hearing examiner’s initial decision shall become final, effective 45 days from the date contained in the certificate of service accompanying the initial decision.
Except as may otherwise be directed by the Commission, license suspensions will be reviewed at the next regular meeting of the Commission following their receipt, provided the notice of appeal is received by the Commission at least thirty days prior to the meeting. The final decision of the Commission is effective upon mailing to the licensee and must contain a certificate of mailing.
For questions related to a possible wildlife license suspension, please contact the Colorado Parks & Wildlife Hearings Office at 303-291-7418 or by email at [email protected].
Individuals with a Suspension
CPW can cite persons for fishing/hunting while suspended. Those suspensions carry an automatic two-year extension to an existing suspension.
License Restrictions
Child Support Suspensions
Hunting and fishing licenses are not issued to those suspended for noncompliance with child support. Any current licenses become invalid if held by an individual who is noncompliant with child support.
Only Child Support Enforcement authorizes child support suspensions. Federal law requires that any suspension authorized by Child Support be enforced by Colorado Parks and Wildlife. Child Support suspensions are for a one-year timeframe. The only way to gain compliance before the suspension end date is to pay the Child Support balance in full. A suspension may be extended for an additional 12 months, if still noncompliant at the suspension end date.
For more information related to a child support order and compliance, contact Child Support Enforcement Unit directly. The main office can provide the customer with the following information:
- Contact information for their child support caseworker
- How to achieve compliance with Child Support Services to end their suspension
- Why they are out of compliance with their confidential child support order
Wildlife Violations
Interstate Wildlife Violator Compact
The protection of the wildlife resources of the state is materially affected by the degree of compliance with state statutes, laws, regulations, ordinances, and administrative rules relating to the management of such resources. Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.
The Interstate Wildlife Violator Compact establishes a process whereby wildlife law violations by a non-resident from a member state are handled as if the person were a resident. Personal recognizance is permitted instead of arrest, booking, and bonding. This process is a convenience for people of member states, and increases efficiency of Colorado's wildlife officers by allowing more time for enforcement duties rather than violator processing procedures required for arrest, booking, and bonding of non-residents. The Interstate Wildlife Violator Compact became effective in Colorado in 1991, with Colorado as a charter state along with Nevada and Oregon.
The Wildlife Violator Compact includes a reciprocal recognition of license privilege suspension by member states, thus any person whose license privileges are suspended in a member state would also be suspended in Colorado. Wildlife law violators will be held accountable due to the fact that their illegal activities in one state can affect their privileges in all participating states. This cooperative interstate effort will enhance the State of Colorado’s ability to protect and manage wildlife resources for the benefit of all residents and visitors.
Member States
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming