Brook Trout Rules To Be Simplified

by George Smith

            Brook trout anglers may find the rules that govern their favorite angling activities to be simpler, more understandable – and most importantly more effective – in 2006, thanks to a collaborative effort by the Department of Inland Fisheries and Wildlife and the Sportsman’s Alliance of Maine.

            SAM’s efforts to simplify fishing rules and laws, and to improve the fishing rule book, have been extensive over the years.  We are delighted by the progress being made this year towards this important goal of our organization.

            Since SAM created its Pickering Commission – an ongoing project that reviews hunting and fishing laws, rules and publications and makes recommendations to simplify and clarify the laws and rules and improve the publications – we have reviewed fishing rules twice and issued written reports that included extensive recommendations.  Many of those recommendations have been adopted, some by legislative action, some by actions at DIF&W.   We have been especially successful in our recommendations on law changes and improvements to the publications.

            But we have been largely unsuccessful in simplifying the fishing rules.  This year, SAM’s Fishing Initiative Committee suggested a major piece of legislation to simplify brook trout fishing rules, and the SAM Board endorsed that recommendation, making it a goal in our 2005 legislative agenda.

            SAM’s legislation was sponsored by the two chairs of the legislature’s Fish and Wildlife Committee, Senator Bruce Bryant and Representative Thom Watson, and cosponsored by Representatives Stan Moody, Dave Trahan, Walter Wheeler, Troy Jackson, and David Richardson.  All are members of the Fish and Wildlife Committee.

            The Committee hosted a public hearing on SAM’s legislation in March, and members of SAM’s Fishing Initiative Committee made an impressive presentation in support of the legislation.  SAM’s bill was a legislative resolve directing DIF&W to review and simplify the rules governing brook trout fishing.  It outlined a procedure for DIF&W to follow and included deadlines for the project.

            But DIF&W did not wait for SAM’s bill to be heard or enacted.  They met with SAM in November, to begin discussing their plans to achieve this goal.  Fisheries biologists tackled the project in earnest in January, at a statewide division meeting, and reported at the hearing on SAM’s bill that the project was “more than half done.” 

            They have evaluated the effectiveness of their brook trout rule categories, and created a simplified list of six categories to govern all trout management goals and fishing situations.  They are now examining the nearly 170 special and unique brook trout rules that FIC member Bob Mallard identified, and hope to eliminate all or most of those by placing those waters into one of the six new categories.

            SAM’s bill generated great interest and discussion amongst members of the legislature’s Fish and Wildlife Committee.  The committee even named a subcommittee of its members to review DIF&W’s final brook trout rules prior to the public hearings on those rules.  DIF&W committed to completing and acting on their recommendations so that the new rules will be effective in 2006.  Hearings on the department’s proposals will be conducted this coming summer.

            “LD 217 is not needed,” testified DIF&W Deputy Commissioner Paul Jacques, “since it directs the Department to do exactly what we are already committed to, and actively doing.”

            SAM agreed, and thanked the department for its response to our latest request for fishing rule simplification.  At our request, the F&W Committee killed SAM’s bill, after deciding to participate in the rule simplification process through its subcommittee, consisting of Senator Chandler Woodcock and Representatives Thom Watson and Mark Bryant.

            SAM’s Fishing Initiative Committee is currently considering DIF&W’s initial recommendations for brook trout rule categories, and will respond to those recommendations as the process continues.

            Special thanks go to Bob Mallard of Kennebec River Outfitters in Madison, a FIC member who did the research and prepared the report that outlined the problems with DIF&W’s brook trout rules.  He noted after the hearing that “we have 23 bag/length combinations, only five of which protect large fish.”

            SAM distributed Mallard’s entire research/report, an impressive document that describes the complexity and confusion in Maine’s brook trout rules.  Mallard was the first to list the 169 waters that have unique brook trout rules.  He also presented a great deal of data, including the 13 different length limits applied to brook trout in Maine waters.

            SAM FIC member Jeff Levesque also presented compelling testimony at the hearing on this issue.

            For those who question SAM’s relationship with DIF&W, this is yet another example of the positive role our organization plays in moving the department towards our goals.  It also demonstrates that SAM’s Fishing Initiative Committee is effective in its advocacy for Maine anglers.