FILING - 11/29/2013
Basis and Purpose
Chapter W-1 - Fishing
Basis and Purpose:
These regulations amend Chapter 1 – Fishing – of the Parks and Wildlife Commission
Regulations. These regulations are designed to manage statewide aquatic resources and
provide a diversity of angling recreation opportunities for resident and nonresident anglers
throughout Colorado. They are the result of extensive public involvement and application of
biological information on aquatic species. All regulation changes are based on the best available
biological information and are designed to manage aquatic resources towards stated objectives.
In addition to annual changes and non-substantive clean-up, these regulations specifically
address the following:
Cutthroat Trout Waters
CPW has identified 30 cutthroat trout conservation waters (169.5 stream miles, 17.3 lake acres)
located on public land that lack protection of restrictive harvest regulations. Some of these
waters were determined by sampling, while others were created by chemical reclamation and
reintroduction of pure cutthroat trout (i.e. Deep Creek, Hermosa Creek, and Woods Lake
projects).
Cutthroat trout are highly susceptible to catch and harvest by angling compared to other trout.
Their higher catchability, slower growth, and later maturity make them extremely sensitive to
overexploitation (Paul et. al. 2003). Macphee (1966) determined cutthroat trout to be about twice
as easy to catch as brook trout. Paul et.al. (2003) found the catchability of native trout species
being 2.5-fold greater than for non-natives.
Most cutthroat trout streams in Colorado are protected by catch and release regulations because
of the threat of over exploitation of these highly vulnerable populations. Special regulations
requiring catch and release and terminal tackle restrictions have demonstrated effectiveness in
preserving trout populations throughout a wide range of fishing pressure situations, and have
been applied to native cutthroat trout populations throughout Colorado. These regulations extend
those same protective regulations to these cutthroat conservation populations.
Craig Macphee (1966). Influence of Differential Angling Mortality and Stream Gradient on Fish Abundance in a TroutSculpin Biotope, Transactions of the American Fisheries Society, 95:4, 381-387.
Andrew J. Paul , John R. Post & Jim D. Stelfox (2003). Can Anglers Influence the Abundance of Native and Nonnative
Salmonids in a Stream from the Canadian Rocky Mountains? North American Journal of Fisheries Management,
23:1,109-119.
Dolores River Brown Trout Below Bradfield Bridge
The Dolores River below McPhee Dam downstream 11 miles to Bradfield Bridge is managed as a
quality coldwater trout fishery as designated in the Dolores Project Final EIS (U.S. Bureau of
Reclamation, 1981). The creation of a coldwater fishery below McPhee Dam is considered
mitigation of impacts to coldwater fisheries from the construction of the Dolores Project, but it may
also be an effective means of stratifying the non-native warmwater species in the dam from native
warmwater species occupying habitat beginning about 30 miles below the dam (Dolores River
Implementation Team, 2012). Rainbow, brown and cutthroat trout were initially stocked in 1984.
Stocking of rainbow and cutthroat trout continues today, while brown trout stocking ceased in
1988. Brown trout are now wild and self-sustaining. A restrictive harvest regulation was
previously employed to meet the “quality trout fishery” goal cited as a Dolores Project
enhancement by the BOR. The warmwater reach of the Dolores River below Bradfield Bridge is
managed for native fish (roundtail chub, bluehead sucker, flannelmouth sucker). Brown trout
inhabit this section of the Dolores River in low abundance along with other non-native warmwater
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fish. In an attempt to control abundance of non-native warmwater fish (channel catfish,
largemouth bass, smallmouth bass, northern pike, walleye, green sunfish, bluegill, bullhead,
yellow perch and crappie) in the Dolores River, the bag and possession limit was removed in
2011. The abundance and distribution of native fish species in the Dolores River below McPhee
Dam has declined precipitously in the last 20 years. While changes in native fish habitat is the
primary factor associated with this observed decline, non-native fish predators such as
smallmouth bass and brown trout contribute to the loss of native fishes (Yard et. al., 2011).
Brown trout pose a predatory threat to native fish species in the Dolores River where their
distributions overlap. Although brown trout numbers are low below Bradfield Bridge, native fish
populations are even lower. Any additional predation on native fishes by brown trout inhibits
native fish conservation efforts. Therefore, these regulations remove the bag and possession
limit for brown trout on the Dolores River from Bradfield Bridge to the Colorado-Utah state line.
Dolores River Implementation Team. 2012. The Lower Dolores River Implementation, Monitoring,
and Evaluation Plan (Draft).
U.S. Bureau of Reclamation. 1981. Dolores Project Colorado, Supplement to Definite Plan
Report.
Yard M. D., L. G. Coggins, Jr., C. V. Baxter, G. E. Bennett, and J. Korman. 2011. Trout piscivory in the
Colorado River, Grand Canyon: Effects of turbidity, temperature, and fish prey
availability.Transaction of the American Fisheries Society 140: 487-505.
Yellow Perch at Spinney Mountain Reservoir
CPW staff has worked diligently over the last 12 years to create a balance between predators
(northern pike) and prey (rainbow trout) in Spinney Mountain Reservoir. The recent increase in
yellow perch numbers in Spinney Mountain Reservoir threatens this balance. Northern pike were
never introduced into Spinney Mountain Reservoir by CPW. They are thought to exist in Spinney
Mountain Reservoir by upstream migration into the South Platte River from Elevenmile Reservoir
prior to Spinney Mountain Reservoir being built in 1981. Since 2001, CPW has managed this
Gold Medal water by stocking 12-inch trout in the fall of the year when northern pike metabolism
is slow, allowing for better survival of hatchery-raised trout. By the following spring when northern
pike metabolism increases, these trout average approximately 14 inches in length. Until recently,
the only forage available to northern pike under 24 inches in length was crayfish, invertebrates,
and the occasional white sucker and brown trout that migrated downstream from the South Platte
River. This lack of a consistent forage base drastically increased the time it takes northern pike
to grow large enough to consume stocked trout. A single yellow perch was captured by CPW
staff in Spinney Mountain Reservoir in 2003. This fish was thought to have migrated downstream
form Antero Reservoir when it was drained in 2002. Yellow perch were established in Antero
Reservoir at this time by anglers illegally using live minnows as bait. Over the past four years the
yellow perch population in Spinney Mountain Reservoir has increased significantly, adding an
additional forage base for northern pike, threatening the balance between predators and prey.
Consequently, these regulations remove the bag and possession limit for yellow perch at Spinney
Mountain Reservoir in order to allow anglers to help remove as many yellow perch as possible.
Walleye at Stagecoach Reservoir
Stagecoach Reservoir is located on the mainstem of the Yampa River upstream from the town of
Steamboat Springs. The Upper Yampa Water Conservancy District owns and operates
Stagecoach Reservoir and administers the stored water. The fishery and property are managed
by CPW and the reservoir is a significant feature of Stagecoach State Park. CPW is an active
partner in the Upper Colorado River Endangered Fish Recovery Program and extensive efforts
are underway to address acknowledged native fish conflicts resulting from negative interactions
with nonnative fish species. Walleye were illegally introduced into Stagecoach Reservoir in 2000
– 2002 and first appeared in standard monitoring gill net sets in 2003 when three fish were taken.
The numbers taken in gill net sets from 2004 through 2008 remained low and all walleye caught
during standard sampling were lethally removed. The first reported angler catch of walleye
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occurred in 2008 and successful reproduction of walleye was documented in 2009 when 15 age
1+ walleye were taken in gill net sets. A spawning run of walleye was noted in 2012 when 120
running walleye were taken in gill nets set in the inlet area and lethally removed. Gill net sets in
2013 resulted in the lethal removal of 40 walleye and a slightly increased angler harvest of
walleye has been observed this year. The presence of walleye in Stagecoach Reservoir is a
cause for concern by CPW biologists and managers primarily due to the potential implications the
presence of walleye has on downstream threatened and endangered fish species. Bag and
possession limits for nonnative fish were removed from the Yampa River several years ago to
address concerns over the impact of nonnative fish in the Yampa River, but that change in
regulations does not address mainstem reservoirs containing populations of nonnative species
presenting similar concerns. Recognizing the need to disadvantage walleye in Stagecoach
Reservoir due to potential population expansion and escapement to downstream waters, CPW
biologists and managers want to disadvantage Stagecoach Reservoir walleye and actively
manage against walleye. Adoption of no bag and possession limits for walleye in Stagecoach
Reservoir is intended to have the following consequences: 1) Allow the public to harvest walleye
from Stagecoach Reservoir in a manner consistent with CPW goals of removing walleye from the
reservoir; 2) Achieve consistency with the intent of PWC Reg. No. 108(B)(406)(g)(1) which is to
reduce potential impacts by nonnative fish species on downstream T&E species; and 3) Allow
CPW managers to better enforce the possession of walleye by anglers at Stagecoach State Park
as the need to determine fish origin (Yampa River or Stagecoach Reservoir) will no longer be
required.
The statutory authority for these regulations can be found in § 24-4-103, C.R.S., and the
state Wildlife Act, §§ 33-1-101 to 33-6-209, C.R.S., specifically including, but not limited to:
§§ 33-1-106.
EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE APRIL 1, 2014
AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR
SUPERSEDED.
APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE
OF COLORADO THIS 14th DAY OF NOVEMBER, 2013.
APPROVED:
William Kane
Chairman
ATTEST:
Chris Castilian
Secretary
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