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FILING - 12/02/2010 Basis and Purpose Chapter 1 - Fishing Basis and Purpose: These regulations amend Chapter 1 – Fishing – of the 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. The attached Wildlife Commission regulations 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, these regulations specifically address the following: Spearfishing Northern pike has been added as a species that may be taken by this method statewide. In addition, spearfishing regulations on Pueblo Reservoir have been modified, specifically allowing the practice for certain species. These changes increase spearfishing opportunity in response to requests from spearfishing anglers in Colorado. Collection and Use of Baitfish These regulations largely restrict collection and use of baitfish to use in the same body of water from which the fish were collected, with the exception of the lower Arkansas River Valley, which continues to allow collection and transportation of baitfish within certain counties due to the interconnectivity of the water in that basin. These regulations intend to minimize the potential hazards associated with collection and movement of fish from one body of water to another, namely proliferation of aquatic diseases and/or aquatic nuisance species, and unintended species translocation. Collection and use of baitfish remains prohibited above 7,000 feet east of the Continental Divide, and in all waters west of the Continental Divide except Navajo Reservoir. Alberta Park Reservoir Remove special cutthroat trout regulations The existing special regulation (#108-6) “Fishing is by artificial flies and lures only, all cutthroat trout must be returned to the water immediately upon catch,” was discussed and implemented in 1995 with the goal of creating a trophy Rio Grande cutthroat trout (RGN) water. Between 1996 and 2009 approximately 77,000 RGN fingerlings have been stocked into this resource averaging over 5,000 fish per year. Despite restrictive harvest regulation and annual stocking, Rio Grande cutthroat trout abundance continues to decline. Gillnet catch (CPUE) has been on the decline every year since the regulation was implemented (1998 (1.3); 2003 (0.3); 2004 (0.2); 2009 (0.03)). However brook trout abundance has been on the rise and 42% of the population sampled in 2009 was over 12 inches in length with individual fish approaching 15 inches. Despite our best efforts we have been unable to create a trophy Rio Grande cutthroat trout water in the presence of brook trout. However we are confident that a quality brook trout population is attainable through restrictive harvest regulation. Arkansas River (below Pueblo Reservoir) Add regulations to a section below Pueblo Reservoir requiring artificial flies and lures only, and catch and release for all trout 16 inches or greater The fishery of this stretch of the Arkansas River has greatly improved over the past 20 years. During that period the City of Pueblo has developed paved access trails and increased points of river access, making it much more accessible to urban anglers. In cooperation with the Corps of 1 Engineers, the Arkansas River Legacy Project was completed in early 2004. This project provided for in-stream habitat structures designed to increase fish holding water and improve the quality of fishing. Also during this period catchable trout stocking was greatly increased on the river below the dam while the DOW was adjusting to new trout production under the whirling disease policy. As a result, the fishery improved and received much attention, both locally and along the southern Front Range. This river reach became particularly popular as a winter fishery for fly fishing enthusiasts seeking open water and relatively mild conditions, as well as for a diverse angler group in Pueblo looking for fishing opportunities close to home for trout, walleye, and bass. The current fishing regulations on this stretch of the Arkansas River are the standard statewide limits (four trout), with no terminal tackle restrictions (bait allowed). Restricted harvest regulations have been used in many Colorado rivers to improve the quality of wild trout populations. Those regulations have been generally effective where the underlying problem has been overharvest – when the number of fish being taken exceeds the ability of the fish population to naturally sustain itself. As demonstrated from population monitoring there is virtually no natural trout reproduction in the river, and harvest in this urban fishery is supported by the stocking of catchable trout. In addition, the quality of this fishery is limited by high/ low flows and habitat limitations. These factors result in a biologically complex fishery, and one that must be managed for a diversity of fishing interests. Nonetheless, fishery objectives for the reach of the Arkansas River include balancing angler harvest of stocked catchable trout with opportunities for quality trout angling. Arkansas River Valley Reservoirs (Nee Gronda, Nee Noshe, John Martin, Adobe Creek) Allow 10-fish possession limit and remove one fish over 21 inches restriction on walleye In 2006, the walleye/saugeye regulation at a number of SE reservoirs was changed with the intent of improving the quality of the fishery by restricting harvest to fish larger than 15” with a five-fish bag/possession limit of which only one fish could be over 21 inches. This regulation change came prior to a time when water supplies and management resulted in reduced lake levels, significant fluctuation, and/or poor water quality; which has limited the potential for quality walleye/saugeye populations (regardless of harvest). A complete winter kill occurred at Nee Gronda Reservoir this year with total loss of that fishery. Nee Noshe and John Martin reservoirs continued to suffer from very low storage, and Adobe Creek Reservoir is just showing signs of recovery from drastically low levels a couple of years ago. While there is generally good angler support for quality fishing opportunities for walleye and saugeye in the lower Arkansas basin reservoirs – water issues are limiting those populations and fishery management goals for acceptable size structure. Managing for large/trophy walleye and saugeye is being frustrated by the lack of suitable conditions (habitat quality, habitat availability, forage, etc) due to low water conditions. Harvest opportunities are being lost when fish lose habitat, with no commensurate increase in quality-sized fish. Anglers have been particularly dissatisfied with limitations on possession; as multi-day trips to those reservoirs are common, but they are limited to a one-day bag limit. In addition, there has been strong local support to eliminate the restriction on harvest of fish over 21”. A fishing regulation is proposed that would provide opportunity for harvest of acceptable sized fish while allowing potential for development of quality-sized walleye/saugeye at Nee Gronda, Nee Noshe, Adobe Creek and John Martin Reservoirs. The key would be to regulate and manage walleye/saugeye populations in synch with the existing fisheries and habitat to achieve an acceptable balance of quality fishing and harvest. Big Thompson Ponds Add a one-fish limit for bass On one end of the spectrum, catch and release bass fishing in Colorado has produced quality angling for the target species while simultaneously producing more desirable sunfish population. On the other end, the 15-inch bass minimum (bag/possession of five) currently present on many of Colorado’s smaller waters has generally proven ineffective in producing good angling opportunities for bass and sunfish. To strike a balance between these extremes, we propose a regulation that would improve bass quality while still allowing anglers to harvest a trophy sized 2 fish. Heavy usage on some of Area 2’s smaller waters such as the Big Thompson Ponds cannot sufficiently support the current bag and possession limit of 5 fish. For example, a 2009 creel survey on McCall’s Lake near Longmont (30 acres) found that 7,914 anglers spent a total 18,486 hours fishing over a 6 month period (May-October). Similar pressure is likely present at Big Thompson Ponds. Liberal bass harvest on the ponds has resulted in poor bass recruitment and stunted populations of bluegill, green sunfish, and yellow perch. In order to achieve and maintain a balanced fish population, proper stocking and fish harvest are essential. Largemouth bass are stocked annually; however, current angling pressure and harvest is not matched by the carrying capacity of the ponds. Brood-stock bass are virtually absent while populations of sunfish are extremely abundant. In this case, reducing bag and possession limits will (1) promote increased natural reproduction, (2) spread bass harvest over a larger number of anglers, and (3) bring the ponds in better balance by increasing predation on stunted sunfish populations. Blue Mesa Reservoir - Lake Trout Make bag/possession limit for lake trout unlimited, with only one fish per day over 38 inches Concerns regarding lake trout predation on stocked kokanee and rainbow trout resulted in liberalization of lake trout bag and possession limits at Blue Mesa Reservoir in 1996 to an eightfish bag and possession limit. Since that time, the lake trout population has continued to expand. Increased lake trout predation upon kokanee and rainbow trout has resulted in reduced survival of these species and has significantly reduced angler opportunity and use at Blue Mesa Reservoir. To attempt to restore balance at Blue Mesa reservoir, CDOW staff has recommended harvest of small to medium-sized lake trout. In the fall of 2009, CDOW staff began work to reduce the lake trout population size by mechanical removal of lake trout less than 30 inches in length. Lake trout population monitoring was completed in the spring of 2010. This sampling indicated that the lake trout population has expanded considerably in recent years. Lake trout under 20 inches in length were 6.7 times more abundant than was documented in 2000 through 2002. Larger lake trout over 30 inches in length were also present in larger numbers as angler harvest of these larger fish has not kept up with population growth. 2010 capture of lake trout over 30 inches in length was 1.7 times greater than the average number caught in 2000-2002. Interest in fishing for trophy lake trout at Blue Mesa Reservoir has increased considerably since the late 1990s and has resulted in several lake trout state records coming from the reservoir in recent years. Reduced numbers of kokanee prey have endangered the ability to support a trophy lake trout fishery. This reduction in kokanee prey is the result of increased predation pressure by the expanding lake trout population. Individual lake trout grow incredibly fast at Blue Mesa Reservoir and show the highest rate documented at any North American water. This has resulted in lake trout which are able to reach 40 inches in length within 15 years. This incredible growth can quickly lead to increased stockpiling of lake trout and increased predation if more restrictive harvest size limits are implemented. In an effort to restore balance in the Blue Mesa Fishery, a regulation is recommended that allows increased lake trout angler harvest while maintaining trophy lake trout opportunities. Angler harvest of larger lake trout has generally been low, as many anglers release larger fish that are caught. This has allowed larger lake trout to increase in numbers, in spite of the lack of protective regulations on these fish. Numbers of lake trout in the 30-35 inch group have increased significantly in recent years. Limiting harvest of these fish could increase predation pressure on kokanee and rainbow trout. Blue Mesa Reservoir - Coal Creek Inlet Remove fishing prohibition at the Coal Creek inlet to Blue Mesa Reservoir Coal Creek is a tributary to Blue Mesa Reservoir which once had a population of rainbow trout that migrated upstream in the spring to spawn. Recent sampling was completed in 2009 to assess whether this stream is currently utilized by rainbow trout for spawning purposes. No rainbows were sampled and it is believed that the stream is no longer utilized by rainbow trout for natural reproduction. 3 Boulder Reservoir Remove special walleye regulations Boulder Reservoir serves as part of the Colorado-Big Thompson Water diversion system providing water for agricultural and municipal use. It is also a popular recreation site for anglers. Boulder Reservoir is stocked with walleye, channel catfish, and black crappie by the Division of Wildlife. Because of its particular location and the reservoir’s west slope water source, Boulder Reservoir is relatively unproductive compared with reservoirs which fill via native South Platte east slope water (Cherry Creek, Jackson Reservoir, Barr Lake etc.). As a result, walleye in Boulder Reservoir grow slower while annual reproduction by gizzard shad, the forage base species, is sporadic. Walleye in Boulder Reservoir typically reach the 15 inch minimum midSeptember (stocked 2.5 years prior) whereas walleye in more productive Colorado waters walleye reach 15 inches during June of the same year. The average condition factor for all walleye >200mm (8-inches) sampled during 2008 and 2009 was 86 indicating walleye are in poor condition, a likely result of a limited forage base. The presence of a naturally reproducing population of smallmouth bass further compounds matters as these fish partially compete with walleye. Angler interviews with the local DWM found that most anglers contacted catch bass or walleye smaller than 15 inches and many if not most don’t keep fish; we assume this is in part that it is difficult to hook a legal sized walleye. Currently anglers are restricted to harvesting walleye that exceed 15 inches, with only 1 walleye in the limit exceeding 21-inches. This regulation has little biological support as (1) walleye growth rates are slower relative to other Colorado walleye waters, (2) virtually no walleye actually exceed 21-inches, (3) the reservoir does not serve as a brood water for an egg take operation, and (4) no natural reproduction occurs within this reservoir. To improve angler harvest and subsequent walleye growth rates (reduced competition) we recommend removing the special regulation on Boulder Reservoir. This reservoir should be managed under statewide regulations that stipulate anglers can harvest up to 5 walleye of any size. Under this management strategy, the walleye population in Boulder Reservoir will likely mimic populations in Union Reservoir and Lake Loveland which fall under the statewide regulation and function quite well giving the angler the choice at which to harvest a walleye. Carter Lake Remove walleye slot size limit; set maximum walleye size limit at 21 inches; increase possession limit to six fish with a three-fish bag limit Carter Lake is a deep, unproductive reservoir located west of Loveland on Colorado’s northern Front Range. Rainbow trout, splake, kokanee, walleye, yellow perch, and largemouth bass provide fishing opportunities for both cold and warmwater species in the same reservoir. Walleye, bass, and perch naturally reproduce in Carter while trout, splake, and kokanne are stocked by the Division of Wildlife. Prior to a regulation change in 2003, Carter’s walleye provided a top-level predatory component to the food web that enhanced fishing for kokanee, trout, splake, lake trout, and contributed to better growth of yellow perch and largemouth bass via a competitive reduction attributable to walleye predation. During the mid-90’s walleye in Carter were relatively sparse and smaller; following a regulation change in 2003 which reduced angler harvest, the population rebounded and expanded to a point the reservoir cannot sustain. For example, annual fall gillnet surveys completed 1990-2002 yielded an average annual catch rate 0.26 walleye per net hour; between 2003-2009 the average annual catch rate tripled to 0.76 walleye per hour net hour. In addition to population expansion, the size structure of Carter’s walleye has shifted to a point where much of the population now exceeds 20 inches in length. In short, more walleye are now present in Carter following the 2003 regulation change and the fish are much larger. Average annual walleye condition prior to 2003 averaged 119, since the regulation change average annual condition of walleye measures 100 and has decreased each year since 2003. The dietary requirement of Carter’s walleye cannot be sustained through natural forage production; angler harvest should be increased to return the walleye population to some degree of balance with the forage base. This regulation is intended to increase walleye harvest to help bring the population into balance. 4 Chatfield Reservoir Implement a bag limit of three walleye The current special walleye regulation at Chatfield Reservoir is in place to protect the brood fish that supply eggs to the hatchery system for distribution of walleyes throughout the Front Range. Chatfield Reservoir is stocked annually with walleye fry, which supported a good population prior to 2007. However, large inflows into the reservoir from the South Platte River during Spring 2007 required the Army Corps of Engineers to release higher than normal amounts of water through the reservoir outlet into the river below. This resulted in large numbers of walleye being flushed through the dam into the spillway, where the special regulations do not apply and many were harvested by anglers. This loss of walleyes from the reservoir population was confirmed by reduced catch rates during annual population surveys and subsequent spring spawning operations from 2008-10. Therefore the annual egg production from Chatfield Reservoir was much lower during those years. A more restrictive regulation is needed to protect the walleye stocked in 2008 and subsequent years that will replace the mature fish (and possibly fry) flushed through the dam in 2007. It is anticipated that the ongoing annual stocking of walleye fry will bring back the population to levels seen prior to 2007, and the new, more restrictive special regulation could be relaxed, but it will take several years. In the mean time, a new regulation would protect the smaller number of mature walleye that are still providing eggs to the hatchery system. In addition, the current special regulation does not apply to the South Platte River below the dam, where the statewide general regulation is in effect. This creates law enforcement problems within Chatfield State Park. An officer that may contact an angler with walleye in possession does not know for sure whether the walleye were caught from the reservoir or the river, two waters currently under two different regulations. Cheesman Reservoir Modify fishing season regulation and snagging season regulation Denver Water owns and operates Cheesman Reservoir as a metropolitan water source. January 1 – April 30 Denver Water’s staff closes a gate on a security fence which prohibits angler access to Cheesman Reservoir. Due to statewide kokanee egg take shortages, Cheesman Reservoir is being developed as a kokanee brood water. Last year during the first spawn take at Cheesman Reservoir, DOW staff secured 493,000 kokanee eggs to fulfill the 2010 kokanee stocking schedule for Cheesman Reservoir and to distribute kokanee eggs to other front range reservoirs. Cheesman Reservoir could potentially produce 1-2 million kokanee eggs annually. During the 2009 spawn take operation, DOW staff set up a temporary fishing closure in the Goose Creek arm of Cheesman Reservoir to allow crews to trap net and electrofish mature kokanee. Numerous times DOW staff entered the reservoir to find closure signs missing, closure fences cut and vandalized, trap nets that were tampered with and tangled with snagging hooks, and people snagging behind the closure. Not only did these incidents cost DOW staff time and money to maintain equipment, signs, and the temporary closure; the snagging hooks became a safety issue trying to clean out trap nets. Angling use at Cheesman Reservoir is highest May, June, July, and August. Most anglers during this period of time target trout and smallmouth bass. The principal use of Cheesman Reservoir October through December is kokanee snagging. Closing the Denver Water security gate prior to January 1 each year is intended to allow for a safer and more efficient kokanee egg take operation and increase enforceability compared to the temporary kokanee closure. Cheesman Reservoir Remove northern pike restriction Denver Water owns and operates Cheesman Reservoir as a metropolitan water source. CDOW staff believes this regulation was put into place to create a trophy northern pike fishery at Cheesman Reservoir. Fishery management at Cheesman Reservoir has changed and Cheesman Reservoir is now being managed as a kokanee brood water. Protecting larger 5 northern pike at Cheesman Reservoir will only slow down the development of this brood source. The current northern pike fishing regulation is confusing to anglers. Some anglers believe you can only harvest one northern pike per day at Cheesman Reservoir but it must be at least 34 inches long. Others believe you can harvest an unlimited number of northern pike per day but that only one may be 34 inches long. Cherry Creek Reservoir Implement a bag limit of three walleye The current special walleye regulation at Cherry Creek Reservoir is in place to protect the brood fish that supply eggs to the hatchery system for distribution of walleyes throughout the Front Range. The annual stocking rate for walleye fry at Cherry Creek Reservoir was increased to 4 million per year starting in 2007 compared to 2.5 annually in previous years. This produced a larger number of walleyes in the 19” size class during the 2010 spring walleye spawning operation, with this size of fish producing most of the eggs during the Cherry Creek spawning operation. This trend of greater numbers of walleyes in the 19” range will continue due to the increased stocking rate, but the current regulation would not protect this size of fish. It is unknown at this time whether the increased numbers of 19” fish will equate to higher numbers of fish greater than 21” beginning in 2011. Therefore, it is important to protect walleyes in the 1921” size range for several years until it can be determined if the numbers of fish greater than 21” increases in future years. Chinns and Sherwin Lakes Remove splake restrictions Both lakes are no longer stocked with splake, and recent surveys in 2007 did not collect any splake in either lake. These lakes are currently stocked with greenback cutthroat trout, the native salmonid species for Clear Creek County and the Front Range of Colorado. All other high lakes in Clear Creek County that are managed for greenback cutthroat trout are under general statewide bag and possession limits. Crawford Reservoir Remove northern pike restriction Crawford reservoir is a popular warmwater fishery that supports angling for yellow perch, black crappie, northern pike, channel catfish, rainbow trout and largemouth bass. Northern pike were illegally introduced in the early 1990’s and have had a dramatic effect on the fish community of the reservoir. There is no biological justification for a restrictive harvest regulation on pike; fish population sampling and creel data indicate that angler harvest has very little influence on the number or size of pike in Crawford. The current regulation is confusing to some anglers and the harvest of small pike, which is allowed, is reduced by misinterpretation of the regulation. The number of pike in the reservoir has been increasing and the quality of other sportfish populations like crappie, perch, trout and bass is being impacted by excessive pike predation. To establish more balanced predator-prey dynamics in Crawford, pike numbers should be reduced and angler harvest should be encouraged. The current regulation also sends a poor message to anglers by protecting an illegal introduction with a restrictive regulation. Illicit fish movement is a large problem in Colorado and has impacted many popular sport fisheries as well as native warmwater fish of the west slope. Illicit fish introductions and other aquatic nuisance species can have devastating impacts to aquatic ecosystems and preventing illegal introductions is an important part of preserving the state’s aquatic resources. The Crawford Reservoir pike regulation is one of the few instances in Colorado where an illegal introduction has a protective regulation. Efforts to educate anglers on the negative impacts of illicit stocking are undermined when illegal stocking is rewarded with special regulations. Duke and Connected Lakes Increase minimum size limit for largemouth bass from 15 inches to 18 inches 6 Duke Lake (approximately 6 surface acres) and Connected Lakes-upper and lower (combined are approximately 50 surface acres) were originally gravel pits that were reclaimed by the CDOW in 1992. These three lakes are “urban” reservoirs within the city limits of Grand Junction (Mesa County) in northwestern Colorado. All three waters are part of the City of Grand Junction’s Riverfront Project and are managed by Colorado State Parks for visitor and recreational uses. The CDOW manages the fisheries in Duke and Connected lakes as well the adjacent fishery of the Colorado River. The CDOW currently manages Duke and Connected lakes as warmwater, nonnative fisheries. Both waters provide anglers the opportunity to fish for bluegill and largemouth bass. The existing fisheries have self-sustained themselves since the CDOW last stocked these waters with bluegill and largemouth bass in 1993. In 1996, the CDOW pursued the construction of a berm around Duke and Connected lakes to protect these waters from inundation during a 50-year flood event in the Colorado River. The Colorado River connected with Duke Lake in 1995 during a 15-year flood event. The three lakes are adjacent to the mainstem Colorado River which, along with the 100-year flood plain, has been designated by the U.S. Fish and Wildlife Service as critical habitat for four endangered fish species (humpback chub, bonytail, razorback sucker, and Colorado pikeminnow). The CDOW manages this stretch of the Colorado River for native fishes including the endangered fishes mentioned previously, and those non-listed native species such as the bluehead sucker, flannelmouth sucker, roundtail chub, and speckled dace. The State of Colorado considers the roundtail chub to be a Species of Special Concern. The project would have made the nonnative, warm water fisheries in all three waters compliant with the Nonnative Fish Stocking Procedures of 1996. These Procedures, approved by the Colorado Wildlife Commission and CDOW Director, specifically mention the need for the berming project in order to manage the warmwater fisheries. The CDOW determined a seven to eight feet tall berm would be required in some areas around Duke and Connected lakes. This size of berm was undesirable from a recreation standpoint and the project did not move forward. The CDOW does not have the approval to supplement the existing warmwater fisheries in Duke and Connected Lakes because of the pond's position in the floodplain and connection with the Colorado River is possible. Both lakes support bluegill and largemouth bass fisheries, and the CDOW is currently managing these fisheries with a limited harvest of 2 largemouth bass over 15” allowed. This regulation was established in 1996 when the CDOW was actively pursuing the construction of a berm around Duke and Connected lakes. Local anglers have recently expressed concern to the CDOW as to why these largemouth bass fisheries are not managed as catch and release only to ensure a quality bass fishery. These regulations are intended to compromise by continuing to allow harvest, but also increasing the quality bass opportunity. East River Allow lures to be used in the special regulations section These regulations bring the East River artificial flies restriction into convention with other artificial flies and lures restrictions throughout the state and increases the enforciblity of the regulation, as no clear regulatory distinction is currently drawn between artificial flies and artificial lures. Fraser River Implement artificial flies and lures only regulation and catch and release regulation for rainbow trout from the headwaters to St. Louis Creek The towns of Fraser and Winter Park, along with multiple other entities, completed a habitat improvement project on approximately 2 miles of the Fraser River in 2005. The goal of the project was to provide better habitat for large, adult trout during periods of artificially low flows caused by upstream diversions. After completion of the project, the Division of Wildlife stocked multiple sizes of rainbow trout over a three year period to revitalize the fishery there. This section of river is mostly open to public access, and is mainly used by fly and lure anglers who support protective regulations. It is a relatively small stream surrounded by a significant population center. Currently, standard regulations apply from the headwaters to the confluence with Ranch Creek. From Ranch Creek downstream to the Colorado River, the bag and possession limit for trout is two fish. The current regulation is counterintuitive considering the fact that the upper section of the river, in 7 the towns of Fraser and Winter Park, has much more public access, is more visible and more heavily used. Annual electrofishing surveys have been conducted in several locations on the Fraser River. The trout population biomass in the reach immediately downstream from the Vasquez Creek confluence in the town of Winter Park has consisted of 69% brook trout since 2006. In a reach farther downstream, immediately behind the Safeway store in the town of Fraser, the trout population biomass has consisted of a more balanced mix of brown, rainbow, and brook trout. Due to stocking of brood cull rainbow trout in the river, densities of rainbow trout 14” or larger peaked in 2008 at 53/acre. In 2009, that estimate dropped to 10/acre. Densities of brown trout 14” or larger have slowly increased to a high of 20/acre in 2009. There is also a high density of sculpin in this reach of river, indicating that it does have the potential to maintain high densities of quality-sized trout. A lack of natural reproduction in brown and rainbow trout has been observed in the upstream reaches of the Fraser River. Numbers of small (<6”) trout captured in this area are far below what is normally observed in self-sustaining trout populations. The combined estimate for brown and rainbow trout less than 6” in 2009 was 76 fish/mile. In a similar station on the Fraser River several miles downstream, that estimate was 1,698 fish/mile. Reasons for this are not immediately apparent, but it does present a concern regarding the river’s ability to sustain significant levels of harvest pressure, in particular for rainbow trout. CDOW staff met with members of the public at an Anglers’ Roundtable meeting in Granby on April 26, 2010. The preference expressed by constituents at this meeting was for a catch-and-release regulation for all trout. However, we believe that robust populations of brook trout in certain reaches can sustain harvest. In addition, numbers of quality-sized brown trout have steadily increased since 2006, indicating they are able to maintain their numbers under current angling pressure and harvest rates. Golden Park Ponds #1 and #2 Implement artificial flies and lures only regulation Although not a binding Division of Wildlife regulation, Longmont ordinance currently limits angling in ponds #1 and #2 to fishing by artificial flies and lures only. Socially the ordnance has received favorable support however compliance has not been 100% effective caused by differing jurisdictional boundaries. Biologically, this regulation fits the current fishery management strategies for each of the ponds on this property. Green Mountain Reservoir Increase the bag and possession limit for lake trout to eight fish In the fall of 2007, Division of Wildlife Area 9 personnel began receiving reports of spawning kokanee salmon in Green Mountain Reservoir and the Blue River with infections of gill lice. Beginning that fall and for each year following, the spawning run of kokanee has become unreliable and sporadic. Angling for kokanee in both the summer and the winter ice fishing season has also been unreliable and mostly poor. Gill lice have now been observed in both kokanee salmon and rainbow trout throughout the Blue River between Green Mountain and Dillon reservoirs. Coincident with the apparent decline of the kokanee salmon stock in Green Mountain Reservoir, the quality of lake trout fishing has also declined. Large numbers of small (12-16”) lake trout exhibiting very poor body condition are commonly observed in anglers’ catches. Gillnet sampling results from May of 2010 in Green Mountain Reservoir illustrate this issue. A total of 22 lake trout were captured in 64 hours of netting effort, yielding a catch of 0.34 lake trout per hour. The most common size of lake trout captured was 14 inches. For fish less than 20 inches long, the average relative weight was 69.4. This is a strong indicator of poor body condition and a probable lack of adequate forage for fish in this size range. The predator-prey relationship appears to be out of balance in Green Mountain Reservoir. Based on the high numbers and poor quality of lake trout caught, there currently appears to be an overabundance of lake trout in the lake. This population should easily sustain increased harvest rates, and may exhibit increased quality as a result of the thinning effect that increased harvest may produce. Liberalization of lake trout harvest would be beneficial to the fishery by moving this relationship toward a more healthy balance. 8 Henry Lake, Two Buttes Reservoir and Thurston Reservoir Allow trotlines and jug fishing Currently, CDOW allows trot-line and jug fishing at all major Area 12 reservoirs (Adobe Creek, Horse Creek, John Martin, Meredith, Nee Gronde, Nee Noshe, Nee So Pah, and Queens reservoirs), except three (Thurston, Two Buttes, and Henry reservoirs) which were omitted during past regulation review processes. These reservoirs are all warm water fisheries that experience relatively low fishing pressure, due to the remoteness of their locations and limited accessibility to the angling public. Trot-lines and jug fishing have not had a detrimental effect to the fisheries of any of the lakes where they are currently permitted. Participation and harvest tends to be fairly insignificant compared to over-all angling pressure. Although any species can be caught with these methods, they tend to be more selective for catfish and wiper. These species have fairly liberal bag limits and should not put anglers in jeopardy of violation by using these methods. There is interest in permitting trot-line and jug fishing in the Lake Henry, Thurston Reservoir, and Two Buttes Reservoir to provide additional opportunity, and to provide consistency with the trotline and jug fishing regulations in all other Area 12 waters. Highline and Mack Mesa Reservoirs Implement two-fish limit and 15-inch minimum for largemouth bass Bass regulations have been made consistent on Highline and Mack Mesa, which are immediately adjacent to one another. Horsetooth Reservoir Remove special walleye regulations Horsetooth Reservoir is a part of the Colorado-Big Thompson Water diversion system providing water for agricultural and municipal use. The water diverted from the west slope, upper Colorado River Drainage, is relatively cool and unproductive compared with other front range reservoirs that are fed from the lower South Platte River Basin. Horsetooth is a large draw for anglers and holds high numbers of smallmouth bass and walleye. Walleye are not stocked as this reservoir is one of the few in Colorado with a naturally reproducing population. As a result of these factors, this situation requires unique management strategies to maximize the potential of this reservoir. In 1984, rainbow smelt were introduced to Horsetooth Reservoir in an attempt to provide a forage base for a walleye population that had declined in numbers throughout the 1970’s. Perch had been the primary forage base but had failed to keep up with the predator population. Smelt establishment was highly successful and boosted the walleye population creating high numbers of large fish that grew very quickly. Unfortunately the smelt were highly efficient grazers of zooplankton, the foundation of the reservoir’s food chain. They proved to be an unsustainable, unbalanced forage that crashed the entire reservoir ecosystem in the mid 1990’s by quite literally eating themselves out of house and home, and were subsequently reduced to undetectable levels in the reservoir. Walleye growth rates during the apex of smelt in the reservoir supported the regulation that was put in place. With an abundance of forage, walleye grew past 18 inches in three or four years and had the potential to reach trophy sizes, requiring a limit on the take of large fish. The forage base for Horsetooth has not recovered since the crash of smelt. Complicating things, the reservoir was drawn down to dead pool from 2001 through 2003. This allowed a return of zooplankton, an opportunity to successfully establish spottail shiners, emerald shiners and gizzard shad and a reduction of walleye reproduction. However, when the reservoir was refilled, walleye reproduction skyrocketed past forage production creating a large number of young fish that immediately set back the forage introductions. Additionally, water quality changes in the reservoir began to lead to reduced habitat potential for some of the introduced forage species. This failure of the forage base led to the current situation in the reservoir where there are a high number of small walleye that grow very slowly. In an age and growth study done in 2008, all fish under 14 years old still failed to surpass the current minimum size limit. Attempts to 9 establish a forage base since 2004 have been unsuccessful. There are a very high number of predators in the system and while some years are better than others, the overall trend in walleye condition has been negative. The most current sampling shows that the walleye population does not approach the current limits, significantly impacting fishermen’s ability to harvest fish or enjoy quality fishing. In a creel study done in 2009, 212 anglers were interviewed about walleye fishing. Those anglers fished for a collective 492 hours and only 14 fish above 18 inches were caught with only 6 of these actually harvested. In the associated questionnaire, 62% of anglers did not keep walleye with 46% of them stating that the walleye were not big enough. 52% of all the Horsetooth anglers were not satisfied with walleye they caught with 50% stating “too small” as the reason. The solution to this stunting problem is population reduction. This will provide an opportunity for the forage fish to establish a more sustainable base. As the population is reduced, the forage fish should rebound and growth rates for the fish that remain will increase significantly. If the walleye population is not affected significantly, the forage will not increase and we will keep the same stunted situation that currently exists. We do not have the option to reduce stocking, as in other reservoirs where fish populations are manipulated by the number of fish planted. The best way to accomplish this is to allow the anglers to take more fish. Therefore our recommendation is to remove the special regulation currently in place on Horsetooth Reservoir. An intermediate regulation may not have a significant enough impact to reduce the population to a size that allows a forage base recovery. Jackson Lake Clarify where fishing is allowed below the dam and reduce fishing closure in the portion pertaining to Jackson Lake State Park Current regulations read as though fishing below the dam in the outlet canal and around the rotary screen is prohibited. This can be confusing for many anglers as fishing is permitted in the outlet canal below the dam. Fishing is prohibited in and around the fenced and signed area of the rotary screen within the canal in order to protect the fish in that portion of the canal. This regulation should to be re-worded in order to reduce angler confusion. Additionally, regulations currently close fishing in those parts of the reservoir within the state park after November 1 and November 30. There is no biological reason for this closure. Fishing could be permitted on the dam, the inlet canal including private property and along the west shoreline within the park after those dates. When weather permits after November 1, many anglers fish from these areas within the park. According to current regulations those anglers are in violation. It is believed that these changes to allow fishing access will have minimal if any impact to waterfowl or waterfowl hunting because these areas of the lake are closed to hunting for public safety reasons. Park staff will designate boundaries within these areas for ice fishing. However, In recent years there has been very little ice fishing activity on the lake. Joe Wright Creek and Joe Wright Reservoir Remove current restriction on trout harvest The previous regulation has led to public confusion since grayling are listed in the brochure alongside trout. Grayling are overabundant in the reservoir and would benefit from some increased harvest but many of the public have read the regulation to mean that harvest is not allowed for grayling. The lake has become a destination fishery for grayling and the trout in have become secondary in terms of both angling and management. It is our recommendation that the bag and possession limit for trout be dropped from the special regulation but that the fly and lure designation remain in place. Popularity of catch and release fishing has decreased harvest rates statewide and we feel that Joe Wright would not have reduction in fishing quality by increasing the possible harvest from two fish to four. Lake Granby Tributaries Remove tributaries from all current special regulations on Lake Granby 10 Current regulations for Lake Granby extend to the headwaters of inlet (tributary) streams due to the inclusion of “..including inlet streams…” in the title of the regulation. The current wording is a carryover from previous concerns over migrating lake trout and attempts to protect them when out of the reservoir. Lake trout regulations were changed in 2006 to allow a greater harvest and concerns over protection of lake trout have diminished due to kokanee population issues. Protection of lake trout in tributaries is no longer desirable. Lon Hagler Reservoir Implement one-fish bag/possession limit and minimum size of 18 inches for bass The existing population of bass in Lon Hagler Reservoir is dominated by 10-12 inch largemouth bass which are not sexually mature at their current size. Age at length studies indicate largemouth bass spawn in Colorado for the first time at roughly 15 inches or 4 years of age. Results of fishery surveys at Lon Hagler found only 1 of 54 largemouth and 0 of 19 smallmouth bass sampled exceeded 15 inches. Thus the population of brood-stock bass in Lon Hagler is rather small. Accordingly, largemouth bass are potentially being harvested before completing a single reproductive season in this reservoir. Besides poor natural reproduction, stunting by bluegill and yellow perch populations have resulted from the lack of larger predators. Growth by largemouth (Wr = 96) is not limited by available forage. Besides bluegill and perch, gizzard shad significantly contribute to a sustainable forage base in this reservoir. Preliminary results from a 2010 creel survey indicates roughly 22,000 shore anglers and 4,000 boat anglers will take part in fishing at Lon Hagler Reservoir during 2010. When asked, “…if you could catch any single species which would you prefer?”, most anglers responded trout (70%), followed by bass (15%), walleye (10%), catfish (4%) and sunfish (1%). All anglers surveyed (100%) support the existing bass regulation. When asked if they would support an increase in the minimum length from 15 inches to 18 inches combined with a reduction in the bass limit, all anglers specifically targeting bass (100%) answered yes. Anglers targeting trout were indifferent. Although no regulatory action is required to bolster the trout fishery (90% angler satisfied), a regulation change can significantly improve bass fishing at Lon Hagler Reservoir by increasing natural reproduction and accommodating the large number of angler visits. Long Lake, Lake Isabelle, South St. Vrain Creek Remove artificial flies and lures only regulation, two-fish limit on trout and timing closure During the 1978-1981 period, creel census and lake surveys conducted by the Colorado Division of Wildlife found Long Lake and waters immediately downstream were dominated by stunted brook trout, white sucker, and longnose sucker. In an attempt to improve the fishery, Long Lake was chemically treated with rotenone on September 8, 1984. Following the reclamation, Long Lake was restocked with Emerald Lake rainbow trout. Special regulations were put into place to limit harvest (2 trout) and hopefully establish a naturally reproducing population of the Emerald strain (i.e. no fishing in the outlet stream). The project appeared successful as surveys conducted in 1985 and 1986 found only Emerald rainbows. During 1987 and all subsequent sampling years it was clear that brook trout had once again been established as the dominate trout species in Long Lake. A 2008 survey sampled 170 brook trout and 1 rainbow/cutthroat hybrid. The brook trout population in Long Lake is not stunted at this time. Several year classes of brook trout were present with fish ranging in length from 4.1 to 15.7 inches; condition factor averaged 90 (range 64 – 146). The regulation was later applied to protect the establishment and spawn of native cutthroat trout (Colorado River and Greenback). Native cutthroat trout stocking began in 2000 (34,454 fish stocked since 2000) but have failed to establish in Long Lake. Given the failure of the reclamation to eliminate brook trout combined with the lack of establishment by native cutthroat trout, we recommend applying general fishing regulations for Long Lake, Lake Isabelle, and South Saint Vrain Creek between the headwaters and the inlet to Brainard Lake (Figure 1). Increased harvest of trout from Long Lake is desired to avoid future stunting issues and less desirable fishing opportunities. This will result in the elimination of Long Lake, Lake Isabelle, and portions of South St. Vrain Creek from the list of waters with special fishing regulations. Lake Isabelle, west of Long Lake, has an established population of greenback 11 cutthroat trout which is maintained through aerial stocking. Since 2000, 16,258 greenback cutthroat trout have been stocked. This population does not appear to be self-sustaining as the particular year classes of cutthroat trout correspond to years which Isabelle was stocked by DOW pilots. In addition, cold water temperatures prevent natural reproduction at this elevation (12,000 feet). Given the lack of natural reproduction and limited fishing pressure, the special regulations on this water should also be removed. Catch rates in Lake Isabelle were similar to other high mountain lakes without special regulations. Parachute Creek - East Middle Fork Implement cutthroat trout protection regulations The East Middle Fork of Parachute Creek drains the Roan Plateau of Garfield County (northwest of Rifle) in northwestern Colorado. This creek is home to 99% genetically pure Colorado River cutthroat trout. The headwaters of the East Middle Fork of Parachute Creek include Trapper Creek and Northwater Creek. Both of these waters also support 99% genetically pure Colorado River cutthroat trout. Cutthroat trout Regulation #108 A currently applies to both Trapper and Northwater creeks. The waters of the East Middle Fork of Parachute Creek drainage from its headwaters (Trapper and Northwater creeks) to the East Middle Fork’s falls are also designated and managed by the CDOW as cutthroat trout conservation waters. The Colorado River cutthroat trout is the only species currently existing in Trapper, Northwater, and the East Middle Fork of Parachute creeks. In addition, the CDOW maintains a broodstock of Trapper Creek cutthroat trout in the Glenwood Springs Fish Hatchery. This broodstock has been used in Colorado River cutthroat trout introduction programs for both conservation and recreation purposes. The majority of the East Middle Fork of Parachute Creek drainage is located on BLM land, with the lower portion of the creek (approximately 2.25 miles) downstream of the falls owned by Exxon Mobil Corporation. Anglers can access the East Middle Fork of Parachute Creek via the BLM land on the Roan Plateau. This drainage does not currently experience high angler recreation. However, public land on top of the Roan Plateau is slated for energy development, pending the outcome of current litigation processes. Private land on the Roan Plateau is currently being drilled for energy purposes. The potential increase in development also correlates to the potential for an increase in people moving into the area. The wildlife richness of the Roan Plateau may encourage increased use by sportsmen, including that of the East Middle Fork of Parachute Creek and anglers. The populations of 99% genetically pure Colorado River cutthroat trout that inhabit waters of the Roan Plateau should be conserved and protected. The addition of the East Middle Fork of Parachute Creek to this regulation will be consistent with its headwater streams. Further, there is no biological basis for excluding this creek as a special regulation water when the CDOW is managing this water and its headwaters as cutthroat trout conservation waters. The current statewide bag (4 trout) and possession limits (8 trout) apply for cutthroat trout in the East Middle Fork of Parachute Creek. Bait fishing is also allowed. We recommend the East Middle Fork of Parachute Creek be considered a special regulation water, with artificial flies and lures only, and all cutthroat trout caught returned to the water immediately. Pastorius Reservoir Remove minimum size limit for largemouth bass Pastorius Reservoir is a 53 acre, irrigation supply reservoir located just south of Durango. Water level fluctuates throughout the summer irrigation season. The reservoir is often prone to winter kill events. The reservoir is managed for catchable rainbow trout and pan fishing opportunities for bluegill and largemouth bass. Cold water temperatures and short growing season limit the growth of both bluegill and largemouth bass. The majority of bass collected during surveys range in size from 3 to 5 inches in length. Few largemouth bass achieve the minimum length of 15 inches making the current regulation questionable. Allowing harvest of smaller bass will create an environment where surviving bass recruit to larger size. Piedra River Implement catch and release regulation for trout 12 The Piedra River is currently managed by special regulation #108B-269: Piedra River-Archuleta County, a. From the Piedra River bridge on USFS 631 (Piedra Road) downstream to the lower boundary of the Tres Piedra Ranch (1.5 miles above US 160): 1. Fishing is by artificial flies and lures only, 2. The bag and possession limit for trout is two fish. Four major tributaries of the Piedra River are found along this reach, each managed by statewide trout bag and possession limits, offering harvest opportunities for the public. Despite the restrictive harvest regulation, Piedra River does not consistently produce quality sized trout (14 inches or greater) that anglers desire. Recent electrofishing surveys documented an average of 13 trout per mile over 14 inches in length. For 22 years voluntary Angler Survey cards have been collected at three different locations along this reach of the Piedra River. Angler satisfaction with the number and size of fish dropped over the last 4 years. The most common, annual, unsolicited comment on these forms is a request for a catch and release regulation. This 20 mile section of the Piedra is managed as a Wilderness Area by San Juan National Forest and access is limited to a system of trails and few trailheads. The river is popular among backpackers and horse packers. Suspected limiting factors to the production of quality trout in the Piedra River include angler harvest, habitat and otter predation. Eliminating harvest of trout by angling in this section of the Piedra River should increase trout abundance and enhance the opportunity for anglers to catch quality sized trout. Pikes Peak South Slope Recreation Area Implement special harvest restrictions for Boehmer Reservoir, Boehmer Creek, Mason Reservoir and McReynolds Reservoir Colorado Springs Utilities intends to open the South Slope Recreation Area (SSRA) for fishing. These lakes have been closed for over 100 years, but have been used for several decades by the DOW for cutthroat management. Springs Utilities has conducted a two year public review process to develop a recreation management plan that has involved City staff, a citizen’s advisory group, City Council, and extensive public and media review. The recreation management plan is proposing that three lakes will be opened for public fishing, including: McReynolds Reservoir (aka, Colorado Springs Water Supply Reservoir #5) Mason Reservoir (aka Colorado Springs Water Supply Reservoir #4) Lake Moraine The first two lakes (as well as Boehmer Reservoir – see below) are currently closed to fishing by DOW regulation (#108, 78), and have been used for recovery efforts for greenback cutthroat trout, as well as a supplemental brood source for high lake cutthroat eggs. These two lakes are on the Middle Beaver Creek drainage. Lake Moraine has not been managed by the DOW, except for some transfers of fish from McReynolds Reservoir over the years. Although not specifically closed by DOW regulation, public access has been prohibited. This lake is within the Ruxton Creek drainage, which is geographically separated from the other lakes. Boehmer Reservoir (aka Colorado Springs Water Supply Reservoir #2) will not be opened for public fishing, but will continue to be used exclusively for greenback cutthroat trout recovery. The management plan for the SSRA is reaching completion, with the objective of providing controlled public access and recreation while protecting water quality, utility infrastructure, aesthetics, wildlife and fragile habitats. Poage Lake Implement artificial flies and lures only and two trout limit with 12-inch maximum Poage Lake is a productive high country lake capable of producing quality size trout and has long been recognized by local anglers as a trophy cutthroat trout destination. The lake is managed by statewide trout regulation and annual stocking of sub-catchable cutthroat trout. Over the past five 13 years anglers have commented at Angler Roundtable meetings about the lack of quality size trout at Poage Lake. They requested DOW implement a special regulation that would restrict harvest to create a quality trout fishing experience. DOW sampling records since 2001 document abundant numbers of trout less than 13 inches (78%), but few quality size trout greater than 16 inches in length (3%). The fishery management goal is to increase the abundance of quality size trout (>16 inches) thereby providing a quality fishing experience. Increasing the harvest of undersize trout will allow the survivors to grow to a larger size. Therefore, we believe implementing a maximum size harvest limit will improve recruitment of larger size trout to the population. Rifle Gap Implement one-fish bag/possession limit for walleye The CDOW currently manages Rifle Gap Reservoir as a mixed nonnative fishery, providing anglers the opportunity to fish for both coldwater (rainbow and brown trout) and cool-warmwater (walleye, smallmouth bass, yellow perch, northern pike, and black crappie) species. The walleye and smallmouth bass fisheries within the reservoir have naturally sustained themselves since 1972 with the stocking of 200, 6” walleye and 6,325, 3” smallmouth bass. No walleye or smallmouth bass have been stocked by the CDOW since 1972. Yellow perch, northern pike, and black crappie have been illicitly introduced into Rifle Gap Reservoir since 1972. The CDOW believes yellow perch and northern pike were illicitly introduced sometime between 1993 and 1999, while black crappie were illicitly introduced sometime prior to September 1993. Currently, the CDOW only stocks catchable rainbow trout into Rifle Gap. The reservoir is currently managed by the CDOW for coldwater trout and cool-warmwater walleye and smallmouth bass. The CDOW is currently limited to stocking only salmonids within Rifle Gap Reservoir, as the outlet of the reservoir is not screened and salmonid species are not considered a primary threat to native fishes downstream. Water released from the reservoir flows into Rifle Creek for approximately eight miles until the creek joins the mainstem Colorado River. Rifle Creek transitions from a coldwater trout fishery just downstream of Rifle Gap Reservoir to a cool-water native fish community at the confluence with the Colorado River. The CDOW manages lower Rifle Creek and the Colorado River downstream of the town of Rifle for native fishes, including listed and non-listed species (bluehead sucker, flannelmouth sucker, roundtail chub, and speckled dace). The State of Colorado considers the roundtail chub as a Species of Special Concern. The U.S. Fish and Wildlife Service has designated the mouth of Rifle Creek and the mainstem Colorado River downstream of Rifle Creek as critical habitat for four endangered fish species (humpback chub, bonytail, razorback sucker, and Colorado pikeminnow). The CDOW has secured funds from multiple sources to design and install an in-stream fish screen in Rifle Creek downstream of Rifle Gap Reservoir in 2011. This screen will reduce movement of nonnative sportfish from Rifle Gap Reservoir into Rifle Creek and critical habitat of lower Rifle Creek and the mainstem Colorado River, thereby reducing negative interactions of nonnative sportfish on native fish communities. Reservoir anglers will also benefit from the screen as the CDOW will be allowed the opportunity to stock non-salmonid sportfish desired by anglers and not currently stocked (i.e., walleye). The CDOW is working with anglers and other stakeholders to revise the current Lake Management Plan for Rifle Gap Reservoir. Anglers in the past have reported Rifle Gap Reservoir as a destination fishery in northwest Colorado for walleye. The fishery in the 1970s and 1980s was comprised mostly of trout, walleye, and smallmouth bass (Figure 1). Illicit introductions primarily of yellow perch and northern pike between 1993 and 1999, however, have drastically changed the fisheries composition of Rifle Gap Reservoir. In 1993, walleye comprised 51% of the fishery based upon fall sampling methods. By 2002, yellow perch constituted nearly 50% of the fish species composition in Rifle Gap Reservoir. The most recent data from 2009 indicate 2/3 of fish collected in Rifle Gap Reservoir consisted of yellow perch. Northern pike have also increased their 14 presence within the reservoir, constituting <1% of fish species collected in 2002 and increasing to 4% in 2009. This percentage may not seem very significant but northern pike are considered top level predators. Prior to the introduction of northern pike, walleye were the only top level predators present in Rifle Gap Reservoir. The ever changing fishery at Rifle Gap Reservoir has resulted in the decline of the walleye fishery over time. Several major conclusions can be derived from the routine fishery sampling data and the 1987 and 2009 open water creel data presented above regarding the walleye fishery in Rifle Gap Reservoir. These include: 1) the fishery composition and fish species available to anglers in Rifle Gap Reservoir have changed over time; more species and more fish are present; 2) total number of walleye available to anglers has decreased; 3) length of walleye has increased over time indicating no recruitment of juvenile walleye to small, adult walleye; 4) walleye are still preferred by anglers with some limited harvest occurring (<14% of walleye caught were kept). Therefore, these regulations modify the existing bag and possession limit for walleye from three fish at 18” to one fish at 18”. River Center Ponds Adjust harvest restrictions to mirror those on the San Juan River A two-mile section of the San Juan River flowing though the town of Pagosa Springs is regulated by a two-fish bag and possession limit (#108B- 318. San Juan River - Archuleta County; a. From the intersection of US 160 and US 84 downstream through Pagosa Springs to the intersection of Apache Street with the river: 1. The bag and possession limit for trout is two fish). In order to be consistent with the San Juan River fishing regulation, the town of Pagosa Springs has placed the same bag and possession limit on the River Center Ponds which are connected to the San Juan River. The Town of Pagosa Springs and Division of Wildlife periodically stock the ponds with trout. Some trout enter (and exit) the ponds from the nearby river. Because the current regulation (#108B-318) in the CDOW Fishing Brochure does not include the River Center Ponds some anglers are confused about the distinction between the two bag and possession limits. Anglers are unsure whether they can have four fish in possession (two from the river and two from the pond). This poses a law enforcement problem. Including the River Center Ponds into the current special regulation on the San Juan River (#108B-318) is intended to address this issue. St. Vrain State Park Bald Eagle Lake - Add smallmouth bass to the already-existing catch and release regulation for largemouth bass Bald Eagle Pond, located within Saint Vrain State Park, is managed as a trophy catch and release bass fishery. To eliminate ambiguity based on discrepancies in bass identification we propose adding smallmouth bass to the list of species protected from harvest at this pond. Smallmouth bass are typically not stocked in Bald Eagle Pond however; many anglers find it difficult to distinguish the differences between smallmouth and largemouth bass, which are protected. The goal of the original regulation was to protect all bass from harvest in the pond. St. Vrain State Park Blue Heron Lake - Add minimum bass size of 21 inches with bag/possession limit of one fish Once full, Blue Heron Lake will provide exceptional habitat for black bass and variety of other warmwater fish species. In addition, this 82-acre reservoir will significantly diversify fishing opportunities at Saint Vrain State Park by allowing access to boat anglers (electric motors only). Currently Saint Vrain State Park offers anglers nine individual ponds available for fishing. Although all ponds within the park contain largemouth and/or smallmouth bass, five ponds are 15 managed for put and take trout fishing; three are managed for catfish/bluegill, while only one pond is managed exclusively for bass fishing (Bald Eagle Pond). Once filled, Blue Heron pond will likely attract the lion’s share of the warmwater fishing pressure, and may represent the focal point of appreciable day-use visits with the sole purpose of fishing. To accommodate the anticipated heavy use (127,000 angler visits in 2008) on Blue Heron Lake and continue to diversify fishing opportunities in the park, this regulation is intended to limit the harvest of largemouth and smallmouth bass. Sweitzer Lake Implement a regulation requiring catch and release for all fish Sweitzer Lake is a 137-acre warmwater fishery containing green sunfish and common carp. Because of water quality problems from the underlying geology and the irrigation return flows that feed it, the lake has elevated levels of selenium. The Colorado Department of Public Health and Environment has issued the following advisory: The general population is advised to not consume any fish from these waters. Recent sampling has indicated that fish tissue concentrations of selenium are still above the recommended limit, but not as high as those reported when the advisory was first put in place and water quality is sufficient to support viable sport fish populations. Currently the DOW does not actively manage the fishery in Sweitzer due to concerns about creating a fishery that would attract people who could ignore the advisory. With the lack of good warm water fishing opportunity on the west slope and the desire of anglers for this opportunity, we would like to develop a catch and release warmwater fishery for popular species like largemouth bass and/or tiger muskie. The fishery could be managed to provide trophy fishing opportunity to anglers and the new regulation would formalize the consumption advisory into an enforceable regulation and allow us to develop a fishery without creating an attractive nuisance to anglers. A new regulation mandating catch-and-release angling would allow us to move forward with a new lake management plan exploring increased fishing opportunity while carefully monitoring water quality trends studying and fish tissue contaminants. The local angling public has repeatedly expressed the desire for expanded warmwater fishing opportunity and Sweitzer Lake is an underutilized resource that could potentially provide significant new fishing opportunity without any negative impacts to downstream native fish. Teller Lake #5 Remove minimum size restriction for bass Teller Lake #5, located in Boulder County, is an extremely shallow lake which provides very limited sport fishing opportunities. A fishery survey completed in 2005 found common carp comprised 30% of all species sampled while an additional survey completed in 2010 determined carp comprised nearly 70% of the fish community. The July 2010 survey found that angling opportunity significantly decreased since the 2005 survey. Despite stocking 3,000 fingerling bass every year since 2001, largemouth bass made up less than 2% of the catch in 2005 and 2010 with no bass exceeding 10 inches. Habitat conditions and natural reproduction by bass in the lake are extremely poor. Given the poor quality of Teller Lake #5 natural features and very limited success of bass in this water the special regulation which limits the harvest of smallmouth and largemouth bass under 15 inches has been removed. Trinidad Reservoir Remove minimum size restriction and modify to one fish per day greater than 18 inches for walleye In 2006, the walleye/saugeye regulation at Trinidad Reservoir was changed to improve the quality of the fishery by restricting harvest to 5 fish larger than 15” of which only 1 fish could be over 21”. However, in January 2007 a Fish Consumption Advisory (FCA) was issued by the Colorado Department of Public Health and Environment (CDPHE) on walleye and saugeye greater than 18 inches in length due to exceedance values for mercury. Fish were again tested for mercury 16 levels in 2008 which indicated mercury levels at or near exceedance values for walleye larger than 18”. In addition, population sampling, angler catch, and walleye tournament data shows that the walleye fishery is currently out of balance with the forage – i.e., a very limited shad population and excessive number of small (<15”) walleye that are in poor condition with limited growth potential. While the fishing regulations allow harvest of larger (>15”) fish, those larger fish are also most likely to contain higher levels of mercury. This puts the quality fishing regulations at odds with human fish consumption concerns. At the same time, a lack of gizzard shad forage has reduced the condition and growth of the numerous small walleye which are then less able to grow to quality size. Anglers are generally disappointed in the walleye fishing, particularly for larger fish. The draft recommendation proposes a fishing regulation that would provide an opportunity for harvest of smaller fish (that are not under a FCA) while still maintain fishing for quality-sized walleye/saugeye. Western Slope Rivers Remove harvest restrictions for nonnative fish for some rivers To aid in the recovery of the four federally listed fish species found in big rivers on the western slope, the bag and possession limits were removed in 1996 for the following species within federally listed critical habitat: channel catfish, largemouth bass, smallmouth bass, northern pike, walleye, green sunfish, bluegill, bullhead, yellow perch and crappie. These species have become more common over the years and their impacts on native fish species has become more widely recognized. Proliferation of these species higher in the drainages and their movement downstream has been recognized as a factor contributing to the decline of non-endangered native fishes. Extension of the no bag and possession limit regulations to the headwaters of some river systems is a step forward in limiting the future impacts of nonnative fish, and an acceptable way of enlisting angler support in maintaining sustainable stocks of native species. Affected Rivers are as follows: NW Region Colorado River Eagle River White River SW Region Animas River Blanco River Dolores River Florida River Gunnison River Gunnison River (North Fork) La Plata River Los Pinos River Mancos River McElmo Creek Navajo River Piedra River San Juan River San Miguel River Uncompahgre River 17 Yampa River Implement seasonal fishing closure between Stagecoach Reservoir and Catamount Lake Whirling disease (WD) is a malady of trout and salmon caused by the microscopic parasite Myxoboilis cerebralis. Whirling disease was first detected in Colorado in 1988 and has since been a major factor in significant declines of wild trout populations throughout the state. High levels of WD infectivity were detected in the section of the Yampa River below Stagecoach Reservoir in 2002. Annual surveys in 2006 revealed multiple missing age classes and an inevitable population crash. This tailwater section of the Yampa River receives a tremendous amount of angling pressure, especially during the spring months. In an effort to rehabilitate this high use fishery, we began stocking WD resistant rainbow trout in 2006. Coinciding with this, we collaborated with State Parks to reduce angling pressure throughout this reach. This is one of very few remaining pure rainbow trout fisheries in the State of Colorado; therefore, very important from a research perspective. The overarching question being, can we achieve a natural reproducing rainbow trout fishery in waters of elevated WD infectivity levels, and absent competition from other salmonids such as brown trout? Truly a unique opportunity in the State of Colorado. Relevant factors influencing fry recruitment were evaluated, and given the recent stocking of WD resistant rainbow trout, the remaining unknown is the impact of angler wading on redds during high spring use, which coincides with spawn activities. Rainbow fry production has been monitored annually since 2003, and in spring 2008 voluntary closures of individual redds were implemented. These individual closures were labor intensive to maintain and compliance issues were realized. However, subsequent sampling revealed an increase in fry production. In 2009, no closures were implemented and follow-up sampling revealed a decrease in fry production. It has been deemed necessary to have the ability to initiate an official closure, in alternating years initially, in an effort to study angler wading impacts on redds. If studies indicate a need for additional protection, then an annual closure may be appropriate, and implemented through posting. 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: §§ 33-1-101, 102, 104, 105, 106-108, 115, and 121; §§ 33-2-104, 105, 106, and 107; § 33-3104; §§ 33-4-101, 102, 102.5, 103, 116, 116.5, 117, and 119; § 33-5.5-102; and §§ 33-6-107, 109, 112, 113, 113.5, 114, 114.5, 117, 119, 120, 121, 124, 127, 128, 129, 131, 205, 206, 207, and 208. EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JANUARY 1, 2011 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED. APPROVED AND ADOPTED BY THE WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 12th DAY OF NOVEMBER, 2010. APPROVED: Tim Glenn Chairman ATTEST: Mark Smith Secretary 18