(1) It shall be unlawful to take wildlife with any leghold trap, any instant kill body-gripping design trap, or by poison or snare in the state of Colorado.

  (2) The provisions of subsection (1) of this section shall not prohibit:

  (a) The taking of wildlife by use of the devices or methods described in subsection (1) of this section by federal, state, county, or municipal departments of health for the purpose of protecting human health or safety;

  (b) The use of the devices or methods described in subsection (1) of this section for controlling:

  (I) wild or domestic rodents, except for beaver or muskrat, as otherwise authorized by law; or

  (II) wild or domestic birds as otherwise authorized by law;

  (c) The use of non-lethal snares, traps specifically designed not to kill, or nets to take wildlife for scientific research projects, for falconry, for relocation, or for medical treatment pursuant to regulations established by the Colorado wildlife commission; or

  (d) The use of traps, poisons or nets by the Colorado division of wildlife to take or manage fish or other non-mammalian aquatic wildlife.

  (3) Notwithstanding the provisions of this section 13, the owner or lessee of private property primarily used for commercial livestock or crop production, or the employees of such owner or lessee, shall not be prohibited from using the devices or methods described in subsection (1) of this section on such private property so long as:

  (a) such use does not exceed one thirty day period per year; and

  (b) the owner or lessee can present on-site evidence to the division of wildlife that ongoing damage to livestock or crops has not been alleviated by the use of non-lethal or lethal control methods which are not prohibited.

  (4) The provisions of this section 13 shall not apply to the taking of wildlife with firearms, fishing equipment, archery equipment, or other implements in hand as authorized by law.

  (5) The general assembly shall enact, amend, or repeal such laws as are necessary to implement the provisions of this section 13, including penalty provisions, no later than May 1, 1997.

  (6) As used in this section, unless the context otherwise requires:

  (a) The term "taking" shall be defined as provided in section 33-1-102 (43), C.R.S., on the date this section is enacted.

  (b) The term "wildlife" shall be defined as provided in section 33-1-102 (51), C.R.S., on the date this section is enacted.

Enacted by the people November 5, 1996 -- Effective upon proclamation of the Governor, January 15, 1997. (For the text of the initiated measure and the votes cast thereon, see Laws 1997, p. 2397.)