Trout Time – Put Up or Shut Up 1/6/14.

Fish Catching Travel

No subject could be any touchier to Texas coastal fisherman than the speckled trout regs.  And this year Texas Parks and Wildlife has them back on the table.  So a quick review of their website can give you the basic groundwork that the Department will be working from as it reviews, and potentially changes, the speckled trout possession limit.

For a quick overview the coast is broken down into 3 systems, the Upper (Sabine Lake to Cedar Lake), the Middle  (East Matagorda to Aranasas Bay), and the Lower Coast  (Corpus Christi to Upper Laguna Madre).  And since the seperate 5 fish regulations were implemented in 2007, the Lower Laguna Madre is managed separately.

Now according to the TPWD website since the 2002 change to a 15″ minimum, 10 fish with one over 25″ limit, trout sampling has shown the population to be stable to slightly advancing.   And recreational landings have increased, though with a drop in the Lower Laguna Madre in 2012-13.  Additionally, the various sampling methods have shown that recruitment of speckled trout has remained stable with 2012 consistent.

TPWD using gill nets, seines, and other sampling methods, conclude that speckled trout are not overfished.  They also state that the population of speckled trout is sustainable at the current landing levels.  They propose that a reduction in landings, ie: a lover limit, would result in an increase in older and larger fish.

One area of the regulations that is also going to be considered is a sunset provision.  Sunset provisions are built into a law or regulation to have it expire after a specific date.  TPWD’s opinion is that for the full benefit of any change in the regulations to be measured there must be at least 1 generation.  They state that typically such regulations result in a positive impact.  Of course, once a regulation is changed and includes a a Sunset provision, it would  be harder to revert to the prior regulation.

If I have misstated their conclusions in anyway I apologies, but that is my reading of their posting.  As an attorney, it I were going to summarize, that would be my conclusion of their short posting.  So lets try to put it in terms we can all understand.

Since the regulations were changed in 2002, the Texas coast has more trout, they are finding more trout in samplings, and we are catching more trout.  And if we keep catching them like we have been the trout populations can withstand the fishing pressure.   While there were some variations in individual bay systems, ie: the LLM in 2012 – 2013, things seem to be ok.

So what is the reason for putting trout regulations back on the table?  From their short posting it seems their conclusion is that if our catch is reduced, we will have more older and larger trout.  That seems simple enough.

One thing that puzzles me is they are considering the Sunset Provision.  It would seem that this is an unnecessary consideration.  Maybe it is the old carrot and stick thing, go along with us, and if it does not work out we can always go back.  Though even TPWD state that it would be hard to return to the old regs.  I do not understand why that portion of the proposal is even on the table.  Trout regulations can be reviewed when ever they feel it is necessary, so what possible purpose could that serve other than a smoke and mirrors thing?  My opinion is why bother?

So after all that, where do I come down on this?  First as an old attorney I am puzzled why the regs are even on the table.  Nothing I see, other than their conclusion we will have more and bigger trout, would justify any change.  What their motivation is only they know.

So if the proposal it is to have more older and larger trout what could possibly be wrong with that?  That is where we get to the sticking point.  Having put in almost 20 years guiding in Arkansas as a young man I  can see it from the other side.  In those days, before bass fisherman changed their perspective, it was simply a matter of catching and fileting.  My paycheck relied on that.  As the regulations changed, and the bass fishermen with it, there are now more and bigger bass than ever.  I know that last time the trout regulations came up there was stiff opposition from the guides, and I understand that.  But their argument seems to be reduced to the fact that many of their customers are on a meat haul, nothing more, nothing less.  And if that is what their customers want, then it is easy to see how it would hurt their business.

But looking at it from the other side of the argument, who would not want to catch bigger trout?  If the TPWD conclusion is correct, that is what we will get.  In my case, from a simply selfish perspective, I am down with that.  I rarely keep trout, I fish for fun, and if my day would include catching more 20″ trout I am all over that one.  When I fish Louisiana, they have a 25 per day, 12″ limit, it seems you get enough for fish sticks.  That is not my idea of a quality outing.  I vote for bigger trout.  Of course my conclusion relies on the conclusions of TPWD being correct.

And one final word on any regulatory change involving managing trout based on zones or as TWPD defines it, systems.  Fishing for years in Florida I have seen that approach work, and the trout fishing is now better there than it has ever been.  I personally do not mind that approach but from the attorney side of me, I do not like it.  What if you put in in one zone, fish in another, and then take out in the first zone?  Try explaining that to your local game warden at the ramp.  Keeping it simple takes the guess work out of it for the everyone.  But on the flip side, regional management is used in all areas of hunting and fishing, with bass, doves, ducks, and deer being perfect examples.  Zone management does work.

So there you have it.  More bigger fish, less take home, or keep things the way they are.  It all comes down to your personal feelings.  Are we to trust the TWPD motivations in this matter?  I think we should, we pay them to make that call.  Of course all game and fish departments have made wrong calls in the past, some purely motivated by political considerations.  Hopefully the biologists and game management people we put our trust in are making their calls based on what is best for the resource.

But guess what, politics is always part of the equation.  And who is the “politics”?  You are.  No matter where you stand, if you do not put in your .02 worth, then you have no gripe.  There are several avenues to do that, and while one requires more effort, another will take a second.  You can email your comments and concerns directly to the TPWD.  That email is SWFishComments@tpwd.texas.gov.  No matter where you stand, let them know, it only works if we all participate.

The other way to be heard requires a little more work, but from a purely entertainment perspective, is the way to go.  There will be public meetings held around the state, and if you want to get in your opinion, and see some real theater, go.  Politics is never far from any decision made by a state regulatory agency, so bodies count.  And with the emotions on all side of this issue it should be something to see.

January 7th,  Port Lavaca, Bauer Community Center,  the 8th,  Rockport,  Aransas County Court Room,  Corpus Christi,  Del Mar College and San Antonio,  Lion’s Field Citizen’s Center, then on the 9th, Port Isabel, Port Isabel Community Center,  Port Arthur,  Port Arthur Public Library, and Dickinson at the Dickinson Marine Lab.

In case I have made an error on the meetings or the proposals, go to this link and read the stuff.  There is no such thing as to much information when your government is involved.

http://www.tpwd.state.tx.us/newsmedia/releases/?req=20131218a

We all have a duty to participate.  The wildlife in whatever form belongs to us.  We paid for it, and we pay the salaries of those people who are charged with protecting and managing it.  Let your voice be heard, sleep on your rights and responsibilities, and you won’t have any before you know it.  We can not all be correct on this issue, but if you participate you have a right to criticize the outcome, no matter which side of the argument you take.  Vote with your voice.  While I only occasionally post other’s comments on the site, let me know where you come down on this issue.  I will be happy to post any comments I get.

Today the weather is cold and blusterly in South Texas.  Tomorrow morning it looks like a hard freeze over much of the state.  So while it will be a late start in the morning, it is supposed to warm up and I will be fishing.  So keep stopping in and thanks for reading my stuff.

Good Luck and Tight Lines

About Redfishlaw

I am a retired attorney who just loves to fish. I was a freshwater guide for about 20 years and now have moved to the salt. I am not the greatest fisherman, but I am committed. So if you love fishing, and want to learn what little I have to offer, stop by anytime.
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