FILING - 03/31/2008
Basis and Purpose
Chapter 1 - Fishing
Basis and Purpose:

These regulations amend Chapter 1 of the Wildlife Commission regulations.  These regulations are designed to manage statewide aquatic resources according to the best available science and provide a diversity of fishing recreation opportunities for resident and nonresident anglers throughout Colorado.

These 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 and to ensure long-term viability.  The changes, where possible have been uniform in nature and simplified.  Substantive changes include the following:

Fishing near walleye spawn take operations
Previous Wildlife Commission Regulations for Chatfield Reservoir 108(B)(63)(d), Cherry Creek Reservoir 108(B)(65)(d) and Bonny Reservoir 108(B)(40)(d) prohibited fishing from the dams or within 100 feet of the dams from March 15 through April 15 between the hours of 4:00 p.m. and 9:00 a.m.  The purpose of these regulations is to protect the nets being used to catch walleye for the Division’s walleye spawning operations. However, during walleye spawning operations at Cherry Creek and Chatfield Reservoirs, the nets are sometimes set outside of the 100-foot dam closure.  The intent of these regulations is to prohibit fishing within 100 feet of the nets set by the Colorado Division of Wildlife for walleye spawning operations at Chatfield and Cherry Creek Reservoirs in order to better protect the walleye spawn-take operation at these two important collection sites.  Spawning operations for walleye are no longer undertaken at Bonny Reservoir; therefore, the related closure has been removed.

Scented flies/lure allowed in select flies/lures only waters
These regulations allow the use of scented flies and lures greater than 1.5 inches in select flies and lures only waters.  Scents are defined in Wildlife Commission Regulations as “bait,” and are therefore otherwise not allowed on waters where bait is not allowed.  Prior to 2005, the artificial flies and lures definition in the Colorado fishing regulations attempted to reduce hooking mortality by requiring scented lures to be 1.5 inches in length or longer. This restriction was based on various research studies including some conducted by the Colorado Division of Wildlife, which demonstrated that hooking mortality with small scented soft plastics was the same as with traditional organic baits.  Evidence also suggested that scented plastics larger than 1.5 inches in length were more difficult for fish to swallow.  This is due to both the actual size of the larger plastics, and the active angling tactics that are typically used to present the larger plastics, such as being attached to a jig-head.  In 2006, a regulation was adopted to disallow the use of any scented plastics regardless of size.  Some anglers perceived that this regulation inadvertently reduces angler opportunity in warm water artificial fly and lure only lakes and in some ice fishing situations.  The intent of these regulations is to maintain a reduced level of hooking mortality, allow for an increased level of angler opportunity on certain high-demand waters, and evaluate the enforceability of existing flies and lures regulations.  Aquatic and Regional staff intend to monitor the use of these lures in some of these waters to assess angler use and compliance, as well as any changes in fish community population dynamics.

McPhee Reservoir walleye bag/possession limit
Walleye are not part of the lake management plan for McPhee Reservoir because they have been deemed to be incompatible with primary management for rainbow trout and kokanee salmon.  Additionally, if they escape downstream they pose a predatory threat to native fishes in the lower Dolores River including roundtail chub, flannelmouth and bluehead suckers. Walleye have been found in increasing numbers in sampling of the reservoir.  Removing the bag limit on walleye (allowing the unlimited take) for angling is intended to provide some reduction in numbers and thus a reduction in risk to downstream native fisheries.  Finally, removing the bag limit for walleye is intended to result in shorter exposure time to mercury and less bioaccumulation of mercury in walleye. 

South Platte River - Strontia Springs segment
The South Platte River from Strontia Springs Dam downstream to 300 yards upstream from Denver Water Board’s Marston diversion structure is a popular year-round fishery.  The area is accessible through walk-in/bike-in only and the users are predominately support “catch and release” fishing. The 16-inch minimum size limit for trout has been removed in an effort to promote take of fish from this segment of the South Platte River.

This fishery is currently dominated by brown trout.  Successful natural recruitment and limited angler harvest have created an overpopulated/low quality brown trout fishery in this segment of the South Platte River.  Since 2004, fishery surveys have not revealed a single brown trout over 14 inches in length and brown trout densities of fish greater than 5 inches in length have increased from 6,096 to 7,499 per mile.  Eliminating the size limit restriction to allow some increased angler harvest while maintaining the artificial fly and lure only regulation is intended to be a first step to try and create a balanced and higher quality brown trout fishery in this segment of the South Platte River.  Division staff intends to monitor changes in this fishery in the future to assess the efficacy of this regulatory change.

Smallmouth bass limit in Summit Reservoir
Previous regulations for bass at Summit Reservoir located in Montezuma County included a minimum size limit of 15 inches for smallmouth bass.  In an effort to eradicate an overabundant population of white sucker, all fish were eradicated from Summit Reservoir on August 29, 2007.  The revised and approved Lake Management Plan for Summit Reservoir does not include restocking smallmouth bass because available habitat better suits largemouth bass. Therefore, the applicable smallmouth bass special regulation has been removed.

Finally, clean-up changes have been made to Chapter 1 which are in no way intended to modify the original intent of the applicable regulations.

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; § 33-3-104; §§ 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 MAY 1, 2008 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 13th DAY OF MARCH, 2008.
APPROVED:
Thomas M. Burke
	Chairman
ATTEST:
Robert W. Bray
Secretary