2 CCR 406-0-013 - RELEASE OF AQUATIC WILDLIFE
A. Except as
provided herein, it shall be unlawful for any person to release any native or
nonnative aquatic wildlife in Colorado.
B. Except as otherwise restricted by these
regulations, and provided a person possesses the appropriate stocking permit,
letter of authorization or commercial or private lake license, the following
species are authorized for release in the drainages indicated:
1. All drainages statewide - rainbow, brook,
brown, and cutthroat trout (and their hybrids), fathead minnow and certified
triploid grass carp.
2. All
drainages east of the continental divide - crappie, bluegill, channel catfish,
largemouth and smallmouth bass, and green sunfish.
3. All drainages east of the continental
divide and outside of salmonid habitat - tiger muskie, walleye, gizzard shad,
yellow perch, and wipers.
C. Owners or lessees of property may release
or otherwise provide for or allow the release of any of the above species of
fish into waters of the state (flowing or standing) located on property they
own or lease provided they have obtained a stocking permit, or a commercial or
private lake license from the Division, or if such activities are performed by
a Colorado permitted aquaculture facility or licensed aquatic wildlife
importer, unless the person is exempt under Chapter 12, to release such fish.
Stocking permits and lake licenses will be approved or denied based on
compliance with all other applicable regulations and a determination by the
Division that such stocking will not otherwise negatively impact management of
the state's wildlife resources.
D.
Licensed aquaculturists may release any species listed in #013.C of these
regulations into waters of the state (flowing or standing), upon receipt of an
annual letter of authorization from the Division to be sent upon issuance or
renewal of the aquaculture license, provided that such release is in accordance
with the provisions of regulations #011, #012, #013 and #014, and provided that
aquaculturists submit an annual report on a form provided by the Division,
containing information regarding the facility of origin, date, species, size,
number and stocking location of all non-salmonid fish, other than certified
triplod grass carp and fathead minnow, released into waters west of the
Continental Divide by the aquaculturist in the previous calendar year. Provided
further, however, that the stocking of the following species is allowed only if
the owner or lessee of the property first obtains a stocking permit, or private
or commercial lake license, for that purpose from the Division:
1. Non-salmonid species, in the Upper
Colorado River Basin, except for fathead minnow and certified triplod grass
carp into ponds, lakes or reservoirs outside of critical habitat.
2. Northern pike, or tiger muskies, or
prohibited species, anywhere in the state.
3. Salmonid species in the mainstem of the
Colorado River below Windy Gap Reservoir downstream to the confluence with the
Williams Fork River.
4. Any fish in
native cutthroat waters.
The waters identified in Appendix C, including the upstream tributaries and drainages, are designated as stocking restricted cutthroat trout waters. Maps and a copy of Appendix C will be provided to all fish production facilities and with each salmonid importation permit issued by the Division.
E.
Except as otherwise provided in these regulations for the Upper Colorado River
Basin, certified triploid grass carp may be released into waters of the state
in accordance with the following restrictions:
1. All shipments of certified triploid grass
carp must be accompanied by a copy of the original certificate of triploidy
issued by the U S Fish and Wildlife Service for that lot of fish.
i. Diploid grass carp may be transported
through Colorado only when the destination is another state.
2. Certified triploid grass carp
may only be released into standing water or irrigation ditches east of the
Continental Divide, except in the Rio Grande Basin.
3. West of the Continental Divide and in the
Rio Grande Basin:
a. Only certified triploid
grass carp may be released into standing waters and must be at least eight
inches in length at the time they are released.
b. Such waters must be screened prior to
stocking to prevent escape of fish. All screens shall be maintained so as to
prevent such escape, and at least one measurement of the gap size shall not
exceed one & one-quarter (1 1/4) inch. All such screens may be inspected on
an annual basis by the Division or its designated representative.
c. Certified triplod grass carp to be held in
aquaculture facilities west of the Continental Divide and in the Rio Grande
Basin must be a minimum of 8" in length at the time they are placed in the
facility. Any undersized fish that are inadvertently present in a shipment must
be removed or handled in a manner to ensure that such fish cannot escape from
the facility.
F. Upper Colorado River Basin
1. Except as provided herein, no person shall
release any species or subspecies of fish within the Upper Colorado River
Basin.
a. Rainbow, brook, brown, and cutthroat
trout (and their hybrids) may be released within the Upper Colorado River Basin
pursuant to a licensed aquaculturist's letter of authorization, except in those
river reaches defined as critical habitat.
b. Fathead minnow or triploid grass carp may
be released into ponds, lakes or reservoirs outside of critical habitat
pursuant to a licensed aquaculturist's letter of authorization as described in
#013.D of these regulations.
c.
Except as provided in #013.F.1.b of this regulation, stocking of nonnative,
nonsalmonid fishes in private waters must be approved by the Division on a
case-by-case basis after receipt of a stocking permit application to evaluate
potential negative impacts to the state's wildlife resources. Stocking permit
applications must include, at a minimum:
1.
Location of the proposed stocking.
2. Species, sizes, numbers, and rationale for
selecting the desired species.
3.
Specific measures to be implemented to reduce the risk of escapement.
d. Except as provided below,
stocking of nonnative, nonsalmonid fish species within critical habitat or in a
body of water having direct connection to critical habitat of the Upper
Colorado basin is not allowed.
1. The
stocking of nonnative, nonsalmonid fish species into private waters is allowed
if the water is bermed and the outlet is screened according to the
specifications of these regulations prior to stocking. Provided further that
stocking of fathead minnows within critical habitat is only allowed if the
entire perimeter of the water is bermed according to the specifications of
these regulations, with no inlet or outlet of any type. A screen or berm is not
required when stocking fathead minnows outside of critical habitat.
2. No screening or berming is required to
stock trout.
3. Where berms and/or
screens are required, private waters must be screened and bermed according to
the following standards, and must be approved by the Division prior to
stocking.
a. When screens are required, at
least one measurement of the gap size shall not exceed one-quarter (1/4) inch,
except as provided above.
b.
Minimum berm standards are as follows:
i. The
berm must be designed and constructed in accordance with recognized and
accepted engineering practices.
ii.
The berm must be capable of withstanding the hydrodynamic and hydrostatic
forces and the effects of buoyancy associated with a 100-year flood.
iii. The berm must be 5.5 vertical feet above
the ordinary high water line.
iv.
Prior to stocking, the Division may require that all berms be certified in
writing as meeting these standards by a licensed engineer. The report shall be
submitted to the Division and shall include a consideration of depth and
duration of flooding, floodplain elevation, berm geometry, berm and foundation
materials, berm compaction, penetrations, and other factors affecting
penetrations, localized river channel constrictions and conditions, and any
other factors which may affect the ability of the berm to withstand flood
events.
4.
Except for the annual inspection that may be required by these regulations,
stocking of a previously-approved species in a previously-approved water may
continue under its initial authorization with no subsequent approval provided
all berms and screening continue to prevent escapement of fish. If failure of
the berm(s) or screen(s) to prevent escapement occurs, stocking of that water
will require Division review and new Division approval prior to additional
stocking.
5. Nonnative, nonsalmonid
fish species may be released into receiving waters located above existing
reservoirs where populations of that species exist and the reservoir is managed
according to a management plan approved by the Division, and the management
plan allows for the species to be released.
2. Smallmouth bass and northern pike may be
released within the Upper Colorado River Basin, except in critical habitat, and
then only if:
a. The fish are acquired within
the basin from an existing population within critical habitat; and
b. The receiving water already contains the
species and is isolated or its outlets are screened to prevent the escape of
the fish or their progeny. All such relocations of fish must be authorized in
advance and in writing by the Division.
3. All ponds, lakes or reservoirs within the
Upper Colorado River Basin which require, or rely upon, berms or screens to
prevent the escape of stocked fish and their progeny may be inspected on an
annual basis by the Division or its designated representative. All berms and
screens shall be maintained to prevent the escape of fish and their progeny.
4. Except as otherwise prohibited
by these regulations, isolated private waters having no direct connection to
critical habitat and that are above the 100-year floodplain can be stocked
under the authority of a licensed aquaculturist's letter of authorization as
described in #013.D of these regulations.
G. Release of aquatic wildlife must comply
with all applicable regulations including but not limited to the restrictions
in #011, #012, and #014 of these regulations.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.