2 Colo. Code Regs. § 406-0-013

Current through Register Vol. 48, No. 1, January 10, 2025

Section 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.

2 CCR 406-0-013

37 CR 15, August 10, 2014, effective 9/1/2014

38 CR 03, February 10, 2015, effective 3/2/2015

38 CR 07, April 10, 2015, effective 5/1/2015

38 CR 19, October 10, 2015, effective 11/1/2015

39 CR 03, February 10, 2016, effective 3/1/2016

39 CR 07, April 10, 2016, effective 5/1/2016

39 CR 13, July 10, 2016, effective 8/1/2016

40 CR 03, February 10, 2017, effective 3/2/2017

40 CR 23, December 10, 2017, effective 12/30/2017

41 CR 03, February 10, 2018, effective 3/2/2018

41 CR 07, April 10, 2018, effective 5/1/2018

41 CR 13, July 10, 2018, effective 8/1/2018

41 CR 23, December 10, 2018, effective 1/1/2019

42 CR 03, February 10, 2019, effective 3/2/2019

42 CR 11, June 10, 2019, effective 7/1/2019

42 CR 18, September 25, 2019, effective 11/1/2019

42 CR 23, December 10, 2019, effective 1/1/2020

43 CR 03, February 10, 2020, effective 3/1/2020

43 CR 11, June 10, 2020, effective 6/30/2020

43 CR 19, October 10, 2020, effective 11/1/2020

44 CR 03, February 10, 2021, effective 3/2/2021

44 CR 07, April 10, 2021, effective 5/1/2021

44 CR 19, October 10, 2021, effective 11/1/2021

44 CR 23, December 10, 2021, effective 1/1/2022

45 CR 03, February 10, 2022, effective 3/2/2022

45 CR 11, June 10, 2022, effective 7/1/2022

45 CR 15, August 10, 2022, effective 9/1/2022

45 CR 23, December 10, 2022, effective 1/1/2023

46 CR 03, February 10, 2022, effective 3/2/2023

46 CR 07, April 10, 2023, effective 5/1/2023

46 CR 23, December 10, 2023, effective 1/1/2024