AS APPROVED - 10/11/2007

EMERGENCY REGULATION - CHAPTER 1 ‑ FISHING  

ARTICLE II ‑ SPECIAL REGULATION WATERS

#108 – Special Daily Bag and Possession Limits, Size Restrictions, and Other Water-Specific Provisions”

A.	Various cutthroat waters, specifically those considered Cutthroat Conservation and Recreation waters, are protected throughout the state as listed below.  In those waters:

1.	Fishing is by artificial flies and lures only.  All cutthroat trout must be returned to the water immediately upon catch.  

Note:  This is to accommodate the growing number of cutthroat trout streams and lakes that are being included in conservation and recovery actions according to management plans.

B.	In place of or in addition to regulations # 101, 103, 104, 105, 106, 107 (bag and possession limits, manner of take, fishing dates, fishing hours, special conditions and restrictions, or other fishing activities), and 108 A, the following regulations apply to the named waters:

Note: Additional conditions and restrictions for state wildlife areas are found in Chapter 9.

1.	Abrams Creek - Eagle County

a.	Cutthroat trout regulation #108 A applies.

2.	Adams County Fairgrounds Lakes (Public Works and Mann Lakes) ‑ Adams County.

a.	The minimum size for largemouth and smallmouth bass is 15 inches in length.

3.	Adobe Creek Reservoir (Blue Lake) ‑ Bent and Kiowa Counties

a.	Trotlines and fishing with jugs are permitted.
b.	The bag and possession limit and minimum size for walleye and saugeye is five fish in the aggregate, 15 inches in length.
c.	No more than one walleye or saugeye in the aggregate greater than 21 inches in length may be taken per day.

4.	Agnes Lakes ‑ Upper and Lower ‑ Jackson County

a.	Fishing is by artificial flies and lures only.
b.	The bag and possession limit for trout is two fish.

5.	Akron City Lake - Washington County

a.	The minimum size for largemouth and smallmouth bass is 15 inches in length.

6.	Alberta Park Reservoir - Mineral County

a.	Cutthroat trout regulation #108 A applies.

7.	American Lakes (Snow Lake and Michigan Lakes) - Jackson County.

a.	Fishing is by artificial flies and lures only.
b.	The bag and possession limit for trout is two fish.

8.	Animas River - LaPlata County 

a.	From the  confluence with Lightner Creek to the Rivera Crossing Bridge:
1.	Fishing is by artificial flies and lures only.
2.	The bag and possession limit and minimum size for trout is 2 fish, 16 inches in length.

9.	Antelope Creek, West - Gunnison County

a.	Cutthroat trout regulation #108 A applies.

10.	Antero Reservoir ‑ Park County

a.	Ice fishing shelters must be portable.
b.	The bag and possession limit for trout is two fish.

EMERGENCY REGULATION AS APPROVED - 10/11/2007
Basis and Purpose
Chapter 1 – Fishing

Basis and Purpose:

This emergency regulation is intended to extend, without modification, the emergency regulation passed by the Wildlife Commission on August 13, 2007 to ensure the emergency regulation remains effective until implementation of the permanent regulation.  Because the Administrative Procedures Act stipulates that emergency regulations are valid for 90 days, the August 13, 2007 emergency regulation will expire on November 11, 2007.  The permanent regulation implementing this emergency regulation is scheduled for final adoption by the Wildlife Commission on October 11, 2007, which is the first opportunity for final rule-making action in compliance with notice requirements of the state Administrative Procedures Act.  If approved, because of APA publication requirements, the permanent regulation will not become effective until November 30, 2007, leaving a period of 19 days between expiration of the August 13, 2007 emergency regulation and effective date of the permanent regulation.  This second emergency regulation is intended to cover the remaining 19-day gap and ensure the appropriate level of regulatory control remains in place.

The Wildlife Commission FINDS that adoption of these emergency regulations is imperatively necessary to ensure the preservation of public health, safety and welfare, specifically to protect the public interest in reducing the loss of trophy-sized trout to hooking-related mortality at Antero Reservoir.

Antero Reservoir was recently reopened to fishing for the first time in five years.  It is a shallow reservoir and regulations allowed up to four fish to be kept from the reservoir, but only one of those fish may be larger than 16 inches.  Because of the lack of fishing pressure and the productivity of the reservoir, most fish caught from the reservoir are larger than 16 inches.  Since it has been open, several caught and released trophy-sized fish have been found dead of apparent hooking-related mortality.  The situation is exacerbated by very warm water temperatures, which are likely contributing to the sensitivity of trout to hooking-related mortality.  Restricting the bag limit to two fish is intended to reduce overall take and associated hooking mortality, while liberalizing take to allow both fish to be over 16 inches is intended to allow anglers to keep large fish which would otherwise likely die.  An emergency regulation has been passed pursuant to 24-4-103(6) C.R.S. to allow for these fish to be kept.

Further, the Wildlife Commission FINDS that compliance with the generally applicable requirements for final rule-making under the state Administrative Procedures Act is contrary to the public interest.  The generally applicable notice and publication requirements for final rules require that at least twenty days notice be given of any final rule-making, that such notice of final rule-making be published by the Secretary of State, and that the final rules be published for 20 days before they become effective.  Further complicating this process is the fact that the Secretary of State publishes notices of rule-making and final rules only once a month (on the 10th of each month) which greatly extends the time needed for a final rule-making.

Compliance with these generally applicable notice and publication requirements would in fact prevent the Wildlife Commission from adopting, and having in place, final regulations protecting the public welfare interest in allowing take of large trout which would otherwise potentially die of hooking-related mortality.

The primary statutory authority for this regulation can be found in  §§ 33-1-101, -102, -104, -105, -108, and -110, 33-4-102, and 24-4-103, all C.R.S. as amended.

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON ADOPTION AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL THE PERMANENT REGULATIONS ALSO TAKE EFFECT, AND THEREAFTER ARE REPEALED, AMENDED, OR SUPERSEDED.

APPROVED AND ADOPTED BY THE WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 11th DAY OF OCTOBER, 2007.
APPROVED:
Thomas M. Burke
Chairman

ATTEST:
Robert W. Bray
Secretary