Much has been written lately about the so-called “Regulations Simplification” project.  Some of what has been written is accurate and some of it not so.  In addition, most of what has been written has been short blurbs versus detailed explanations.  As someone intimately familiar with this most important project (at least I believe so), I would like to try to clear up any confusion and explain exactly what is being done and why. 

As for how the project started, it was initiated by SAM’s Fishing Initiative Committee some time ago.  With encouragement from SAM Executive Director George Smith, I performed an in-depth analysis of the situation resulting in a 60+ page report.  This report was then used to breathe new life into the project and present our case to the legislature.  With the help of Rep. Thom Watson who sponsored the bill, the DIF&W was directed to address the issue.

While many numbers have been tossed around in regard to how complicated things had got, here are the facts.  First is that there were 162 uniquely worded regulations pertaining to trout and salmon.  This does not mean 162 different regulations, just 162 different variations of a far lesser number of actual regulations.  As far as actual regulations (i.e., unique bag/length combinations for a specific species of salmonid), there were 23 applicable to brook trout alone.

Specifically, we had length limits of 6”, 8”, 10”, 12”, 14”, 16”, 18”, 6-12” (one over), 8-10” (none over), 8-12” (one over), 8-12” (none over), 12-14” (one over), and C&R.  We also have bag limits of 0 (C&R), 1, 2 and 5 fish.  Add to this various combinations of the length and bag combinations noted above and you can quickly see how things had become so complicated.  While anglers may not agree what the regulations should be, most agree that we have too many. 

While the problem spans all species and all types of water, lake and pond dwelling brook trout were by far the worse and as such this is what the focus was put on.  Specifically, the regulations being changed in the 2006 rule book will affect brook trout only; no other species are being addressed at this time.  In addition, only lakes and ponds will be addressed; no rivers or streams are being addressed at this time.    

This does not mean that we will not address other species or rivers and streams, just that we are not addressing them now.  In fact, the DIF&W has stated publicly that they will be looking at other species and rivers and streams over the next several years.  My understanding is that the next area of focus will be brook trout in rivers and streams.  From there we can look at salmon, togue, and “trout” where multiple species overlap.    

At the request of the Joint Standing Committee for Fish & Wildlife, the DIF&W was asked to put together a plan for simplifying the cumbersome list of regulations.  Within a couple of months, the DIF&W submitted their proposed list of 8 new bag/length combinations for brook trout.  While presented as a two-tier list (Category/Regulation), anglers will only have to deal with regulations (the categories were for informational purposes only, they will not appear in the rule book).

The four categories are General Law, Quality Fishing, Trophy Fishing and Experimental.  Within General Law, there is a 2-fish/6” and 5-fish/6” regulation.  Within Quality, there are a 1-fish/14” and the current S-16 and S-17.  Within Trophy there is 1-fish/18” and Catch-and-Release.  Within Experimental there is a true slot limit (you can only harvest fish from within the slot; none over) with a 2-fish bag limit and a 6-12” length limit.  Each regulation will get a formal S-Code.

As part of the project, lakes and ponds that have brook trout will be mapped to the formal list of regulations.  While most will conform to the new regulations, some will still retain special regulations (“exceptions”).  However, both the number of exceptions and the number of waters with exceptions will decrease significantly.  This is where the angler will see the biggest difference; most waters will now have an S-Code designation.   

SAM had proposed just 4 combinations (I had proposed 5).  While 8 may be more than we had hoped for, it is far fewer than the 23 we have today and as such a step in the right direction.  The same can be said for the regulations themselves; while they are not what we had hoped for, they are a step in the right direction.  However, catch-and-release now has a formal S-Code and is therefore no longer “experimental”.  Additionally, we now have a true slot limit.   

In regard to the regulations chosen, I was disappointed to see the DIF&W go forward with traditional minimum length limits for anything but the General Law category.  Specifically, various types of slot limits (harvest, protected, and open) would have been a far better option.  This shows that there is still reluctance on the part of the DIF&W to protect large fish (the old “Wall-Hanger” mentality).  This is evident by the retention of the 18” minimum. 

I am also concerned that the experimental slot limit is too wide (6 inches) and allows too many fish to be taken (2).  My concern is that our first real foray into modern slot limit management will fail to yield the desired results due to a flawed implementation that will be mistaken for a flawed concept.  The intention of a true slot is to get some reasonable number of fish outside of the slot so that they die of old age.  With a 6” slot and 2-fish bag limit; this will be difficult at best.      

Another benefit of this exercise is that we now have a defined set of regulations for brook trout that can be explained, evaluated and tracked.  Under the old model it was impossible to explain what we were doing (it was simply too confusing), never mind point out potential flaws in our management strategy (such as the lack of protection given to large fish).  With just 8 formal regulations, it will be much easier to understand what is and is not being done.

While there are pockets of resistance out there, most anglers I have spoken to agree that this is a good idea.  Simplifying our regulations benefits anglers who need to understand them as well as wardens who need to enforce them.  In addition it gives those who wish to take our trout and salmon fishing to the next level something that they can work with.  With 4 formal management categories and 8 regulations, things will become a whole lot clearer.

Bob Mallard has been a flyfisherman and fly tyer for over 25 years and is the owner of Kennebec River Outfitters on Route 201 in Madison, ME. He can be reached at (207) 474-2500 or www.kennebecriveroutfitters.com.