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DNR Proposes to Modify Inland Trout Regulations-5/28/2009

May 28, 2009

Almost 10 years ago, the Department of Natural Resources embarked on a mission to simplify trout regulations on inland lakes and streams. Instead of literally pages of exceptions to the basic statewide trout regulations, as previously existed, the staff was tasked with characterizing Michigan streams by type and developing regulations designed to match the resource potential of the lake or stream with anglers' desires for diverse recreational opportunities.

The new regulations, which went into effect in April 1, 2000, created seven stream types (and six inland lake categories). Regulations on the streams ranged from the basic long-standing rules -- a five-trout daily creel limit during a season that ran from the last Saturday in April to Sept. 30 -- to year-round, flies-only, no-kill waters.

Now, after nine years and a series of evaluations, DNR fisheries managers propose to change those regulations, further simplifying them by reducing the number of stream types to four. The proposal aims to accomplish this goal by:

-- eliminating Type 2 stream regulations, and

-- combining Types 5, 6 and 7 into a single category of Gear Restricted Waters.

Fisheries biologists decided to give up on the Type 2 regulations -- which had larger minimum length limits than the Type 1 streams -- because they essentially didn't accomplish what they were designed to do.

"Originally, the idea behind Type 2 regulations was that we could stockpile fish below the minimum size limit and ultimately produce more larger fish," explained Todd Grischke, the fisheries biologist who oversees recreational regulations. "We applied that regulation to streams that our managers believed had higher than average growth rates."

But the DNR discovered two problems with that approach, Grischke said.

"First, Type 2 streams were all-tackle streams," he explained. "When you compare those streams with the gear-restricted streams, you lose some of the benefits of the larger size limits because of hooking mortality.

"Secondly, environmental factors -- such as stable flows -- had a lot to do with year-class strength. We discovered that factors such as habitat improvements had more to do with size structure and population levels than the regulations did."

Ongoing electro-fishing surveys showed that in all but two cases, the more restrictive angling regulations failed to produce higher densities of bigger fish. In some cases, the trout populations showed a negative response to the regulations.

In the two cases where the size structure or population densities improved, there were ongoing habitat-rehabilitation efforts under way.

"We think that was the determining factor," Grischke said.

In addition to proposing the elimination of Type 2 regulations, DNR fisheries managers are seeking to further simplify minimum size regulations on Type 1 waters. In the past, the size limit for brook trout was seven inches in the Upper Peninsula, eight inches in the Lower Peninsula. The new proposal calls for a seven-inch minimum length limit statewide.

Similarly, the brown trout minimum size limit -- which, like the brook trout regulation, was seven inches in the U.P. and eight inches downstate -- will be standardized at eight inches statewide under the proposal.

As for the new Gear Restricted Waters category, fisheries managers think it will just further simplify the regulations. Anglers who fish in stretches of streams in the Gear Restricted Waters will be responsible for looking up the regulations for that particular stream.

Currently, there are only 10 streams with gear restrictions, Types 5-7, encompassing a total of 97 miles, and three research streams with differing regulations. Fisheries managers say they'll be able to list all Gear Restricted Waters regulations on a single page in the Michigan Fishing Guide.

There are no plans to make any immediate changes to the regulations on the stream segments in the Gear Restricted Waters category. However, fisheries managers believe the new category will give them greater flexibility to make future changes.

Streams that formerly had Type 2 regulations will be placed into one of the other types.

One other change has been proposed: a 24-inch size limit for splake on inland streams. The idea is to standardize the regulation with the length limit for lake trout, so there are no issues with misidentified fish.

No changes are being proposed for inland trout lake regulations.

"Our stakeholders have consistently asked us to simplify regulations," said Fisheries Division Chief Kelley Smith. "We feel this proposal does that while still allowing us to manage trout based on the biological potential of the water while ensuring diverse recreational opportunities."

To read the entire proposal, visit the DNR Web site at www.michigan.gov/dnrfishing.

Comments on the proposal can be sent to DNR-InlandTrout@michigan.gov through June 12.

If the proposals are implemented, they likely would go into effect April 1, 2010 -- 10 years after the simplified regulations process was first adopted.

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