The Actual Text, Translated
Four paragraphs, word for word, then in plain English.[2]
PARA 1/4
The Right
Official Text
(1) THERE IS ESTABLISHED A RIGHT OF THE PEOPLE OF COLORADO TO HUNT, FISH, AND TAKE FISH AND WILDLIFE. THE RIGHT INCLUDES HUNTING, FISHING, AND HARVESTING FISH AND WILDLIFE BY THE USE OF TRADITIONAL METHODS. THE RIGHT APPLIES TO ALL SPECIES OF FISH AND WILDLIFE MANAGED BY THE STATE EXCEPT NONGAME SPECIES, ENDANGERED SPECIES, OR ANY SPECIES THAT IS ILLEGAL TO HUNT UNDER FEDERAL LAW.
Plain English
Coloradans get a constitutional right to hunt, fish, and take (legally capture or kill) wildlife. The constitution outranks normal laws, so the right is harder to change. Nongame, endangered, and federally protected species are excluded.
Still open: “traditional methods” is not defined. Courts may have to decide.[7]
PARA 2/4
“Preferred Means”
Official Text
(2) THE POLICY OF THE STATE OF COLORADO IS THAT HUNTING AND FISHING ARE THE PREFERRED MEANS OF RESPONSIBLY MANAGING FISH AND WILDLIFE POPULATIONS.
Plain English
A policy statement. Hunting and fishing become the state’s favored wildlife-management tools.
PREFERRED ≠ ONLY
The text says “preferred.” It does not say “exclusive.” Supporters read it as a policy anchor that allows other tools.[8] Critics say courts may end up defining it.[7] No court has ruled.
PARA 3/4
Private Property
Official Text
(3) THIS SECTION IS NOT INTENDED TO AUTHORIZE TRESPASS UPON PRIVATE PROPERTY OR TO MODIFY ANY PROVISION OF STATUTES RELATING TO TRESPASS OR PROPERTY RIGHTS.
No New Trespass Right
The text allows no trespassing and changes no property or trespass law. You still need permission to hunt or fish on private land.
PARA 4/4
State Regulation
Official Text
(4) THIS SECTION DOES NOT LIMIT THE AUTHORITY OF AN AGENCY OF THE STATE OF COLORADO OR THE GENERAL ASSEMBLY TO REGULATE HUNTING, FISHING, AND WILDLIFE MANAGEMENT IF THE LAW IS NECESSARY FOR SOUND SCIENTIFIC WILDLIFE CONSERVATION AND MANAGEMENT, PUBLIC SAFETY, OR TO PRESERVE THE FUTURE OF HUNTING AND FISHING OPPORTUNITIES FOR ALL SPECIES STATEWIDE.
CPW and the Legislature Still Have Authority
Colorado Parks and Wildlife[5] and lawmakers keep the power to regulate when a rule is necessary for:
- sound scientific wildlife conservation and management
- public safety
- preserving future hunting and fishing opportunities for all species statewide
This power has limits. A rule outside those purposes could be challenged in court.
