New Colorado Wildlife Rehabilitation Regulations Approved

The Colorado Wildlife Commission approved regulation changes to Chapter 14 Wildlife Rehabilitation on March 12, 2009. The changes will be implemented and effective on May 1. The changes focused on provisional-sponsor issues and enforcement. Rehabilitators had provided input during a six month process involving a survey, stakeholder meetings, discussions, letters and testimony to the Commission. Here is a link to the Approved 2009 Wildlife Rehabilitation Regulations.

During the month prior to the Commission meeting and during that March meeting, some rehabilitators expressed concern about an apparent inconsistent understanding in Regulation No.1401 A.6. about the use of volunteers. This regulation has, in fact, been in place since 1995. During the stakeholder process in 1994-95, the rehabilitators and Division of Wildlife both agreed that provisional license holders should not be supervising volunteers since they were, by definition, apprentices and in a learning period. However, over the last 10 years or so, some fully licensed wildlife rehabilitators began interpreting the regulation to allow for a more liberal use of unlicensed individuals (either paid staff or volunteers) – for themselves and their provisionals.

In light of the need for some rehabilitators and provisionals to use unlicensed volunteers, the Division proposed a revision of Regulation No. 1401 A.6. that read ”Wildlife Rehabilitators may use unlicensed individuals under their direct supervision, at their facilities.” In response to concern expressed by rehabilitators, the Commission removed the word ‘direct’ and asked the Division staff to develop another proposal related to use of unlicensed individuals helping rehabilitators for further consideration and adoption at the Commission meeting on May 7 in Grand Junction.

As a result, the Division staff is developing revisions to section 1401 A.6. The proposed draft will available for rehabilitators in early April via email, mail, and the CDOW Wildlife Rehabilitation Regulation Improvements page. Rehabilitators are encouraged to provide their comments on this proposal to the Division staff by mid-April in order to allow our staff adequate time to consider the input and prepare the proposed final of Regulation No. 1401 A.6 several weeks prior to the Commission meeting.

The Division strongly recommends that all Colorado rehabilitators read Chapter 14 very closely since it provides the requirements for obtaining and maintaining rehabilitation licenses, as well as other general information about wildlife rehabilitation. The Division also suggests beginning by reading the “Basis and Purpose.” This section describes the changes in detail and the intent behind the changes.

In brief, the new changes include:

• A provisional must have held a provisional rehab license prior to upgrading to a full Wildlife Rehabilitator license.
• A Wildlife Rehabilitator may sponsor no more than 3 provisionals at a time.
• A Wildlife Rehabilitator must have held a Wildlife Rehabilitator license for at least 3 years before sponsoring provisionals.
• A provisional must have a Learning Plan (LP). Progress on the LP is documented annually and included with the provisional’s Annual Rehabilitation Report and Renewal.
• The sponsor must now sign the provisional’s initial application, annual renewal, and LP, and must be present when the Division inspects the provisional’s facility at both the time of the initial and upgrade inspections.
• The sponsor must submit more complete documentation at the time the provisional’s upgrade is requested. The LP provides the basis for the documentation.
• The Division may consider previous time and experience from another state as a licensed wildlife rehabilitator as part of the experience requirement.
• Under special conditions, rehabilitators may use unlicensed people to help transport and release wildlife.
• Applicants must declare any prior animal welfare or wildlife violations.
• Requirements for annual wildlife rehabilitation records and reports were clarified.
• A new administrative compliance and suspension/revocation process has taken the place of criminal prosecution for wildlife rehabilitation violations.

For additional information about the new rules, please contact Special Licensing Manager, Kathy Konishi.

© 2009 CCWR. All rights reserved. Articles may not be reprinted without written permission. All photographs are copyright protected. Web design and management kindly donated by Cogico Inc. Lyons, CO.