FILING - 1/31/2017

Basis and Purpose

Chapter P-8 - Aquatic Nuisance Species (ANS)

Basis and Purpose:

Removal of Daphnia lumholtzii

Previously, ANS watercraft inspection and decontamination (WID) procedures required exit inspections on waters positive for Daphnia lumholtzii, as well as decontaminations of engines and other standing water compartments when moving from positive to negative waters. With 26 positive waters in the state, this had a direct impact on program costs and customer service.

Daphnia lumholtzii is not being managed, tracked, monitored for or listed as invasive by neighboring states, and appears to be an ambiguous part of the planktonic community. Based on a thorough literature search, this species is not known to have a detrimental biological impact on natural resources, or the human use of those aquatic resources, and does not appear capable of economic harm. Therefore, it has beenremoved from both chapter W-0 and P-8 regulations.

Adoption of WAFWA ANS Resolution Regulations

The Western Regional Panel (WRP) on ANS has been working for years to unify state ANS programs and gain consensus on matters of legal or procedural significance. Recently, the WRP agreed that states should adopt standardized regulations that require boat operators to remove all aquatic plants and water drain plugs when leaving waters of the state, while also prohibiting the overland transport of aquatic plants or water drain plugs in watercraft and trailers.

In July 2016, the WRP presented to the Western Association of Fish and Wildlife Agencies (WAFWA) their recommendation for standardized regulations for ANS. In response, WAFWA issued a Resolution to encourage adoption of those regulations to help stop the spread of ANS and provide for consistent understanding and compliance among the boating community.

These recommended regulations define what "clean", “drained”, and "dry" is. The regulations intend to eliminate overland spread of aquatic nuisance species by recreational watercraft by prohibiting travel with water drain plugs in place, and aquatic plants attached. It takes time for watercraft to drain and have all the water eliminated from the bilge and compartments. Traveling with water drain plugs removed facilitates that process. This has always been the agency's recommendation to boaters upon exiting watercraft inspection and decontamination stations.

The primary statutory authority for these regulations can be found in §24-4-103, C.R.S., and the state Parks Act, §§ 33-10-101 to 33-33-113, C.R.S., and specifically including, but not limited to: §§33-10-106, C.R.S.

EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE MARCH 2, 2017 AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.

APPROVED AND ADOPTED BY THE PARKS AND WILDLIFE COMMISSION OF THE STATE OF COLORADO THIS 11TH DAY OF JANUARY, 2017.

APPROVED:

James C. Pribyl

Chairman

ATTEST:

Michelle Zimmerman

Secretary

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