Petition for Rule Change on NH FFO - Accepted for review

[overmywaders]

I submitted a petition for a rule change to the New Hampshire Fish & Game Department and it passed initial muster with the department! The long process of review - layers of it - and public comment won't start until January.

Of course, petitions do not necessarily resemble the final presentation to the public; nor the rule as implemented. However, the substance of the petition is as follows:
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Petition for Adoption of Rules ? New Rule for Fly Fishing Only Streams

Pursuant to RSA 541-A:4, the undersigned hereby petitions the State of New Hampshire, Department of Fish and Game, to modify the regulations for existing flowing waters currently designated as "Fly Fishing Only" (FFO) to be upgraded to a new designation of "Traditional Fly Fishing Only" (TFFO) and to add such additional waters as it determines may benefit from the new designation.

In this brief, we will endeavor to present the myriad benefits of a different approach to Fly Fishing Only than exists under our current rules. Through Traditional Fly Fishing, as defined below, large sections of many of our current FFO designated rivers and streams will become sanctuaries for large trout - growing trophies and reducing the need for intensive, and expensive, stocking.

The Concept of Trout Sanctuaries

Until 1991-1992, the FFO sections of New Hampshire rivers had a conservation purpose that no other angling type presented. Because no weight was allowed on line, leader, or fly, the trout in fast water or deep pools never had the fly presented directly to them, it was always passing overhead. Even with an intermediate line, the leader and fly would seldom get deeper than six inches in fast water. Of course, in some back eddies the fly might go deeper, but for the most part, large trout had those waters as "sanctuaries". Lee Wulff, a former member of the NH F&G Commission and renowned writer, defined and promoted this concept of trout sanctuary in his book "Lee Wulff on Flies" (Stackpole, 1980):

"... we can break fly-fishing down into several classifications, depending upon technique. The first classification is surface fly-fishing, with floating lines and no weight of any kind, in the fly or on the line. The second classification is intermediate fly-fishing, in which weighted flies or sinking-tip fly lines are used, but no attached weight, such as split-shot or sinkers. The third classification is unlimited fly-fishing, in which lead-core sinking lines, weights and sinkers, and weighted flies (and perhaps spinners) are used.

Of the three classifications of fly-fishing, surface fly-fishing is the most difficult way of taking trout and all the classifications of fly-fishing are more difficult than spinning. With surface fly-fishing all the fish have to be brought to the surface for the lure, and all the deep flowing water is sanctuary for the fish. Any trout caught by surface fly-fishing leaves the sanctuary of its own volition, and unless it leaves, it cannot be caught. This eliminates the drifting of a lure right into the trout's holding level and almost right into its mouth, so that simple curiosity as much as hunger may cause it to mouth the lure. The intermediate fly-fishing classification gives the angler a greater advantage and allows him to drift his flies deeper in the flow, where most of the feeding by the trout is done. The unlimited fly-fishing classification lets an angler have maximum advantage, allowing him to reach the fish at their holding level, and this is particularly deadly on big fish."


Thomas McGuane, an internationally famous outdoor writer and novelist, wrote in "Live Water" (Meadow Run Press, 1996):

"In a perfect world, fishing with split shot on the leader wouldn't be fly fishing at all. Neither would monofilament nymphing and maybe even shooting heads. Lee Wulff said that the fish is entitled to the sanctuary of deep water. That's where most of us used to set the bar in trout fishing. We fished on top and tried to devise ways of catching big fish that way, fishing at night, fishing with greater stealth, hunting remote places that rarely saw an angler."


John Gierach, a modern writer on the subject of fly fishing and the author of many books, wrote in "Good Flies" (Lyons Press, 2002):

"I still do my share of dredging with weight on the leader - sometimes lots of weight, as much as it takes - but in the past few years I've tried to do it more sparingly. If there's anything wrong with this kind of nymph fishing, it's that it can be too effective. Lee Wulff once said that trout deserve the sanctuary of deep water, and I can't help thinking about that every time I nip three split shot onto my leader and dredge up a fish that might have started rising in an hour or two if I'd left him alone. Maybe there was a time when this didn't make too much difference, but with the crowds you now see on popular rivers - not to mention the beat-up trout you sometimes catch - maybe the idea of letting the fish hide, rest, or feed undisturbed from time to time is worth thinking about."

So, the concept of sanctuary for trout is neither new, nor logically inconsistent as a practice beneficial to the growth and preservation of large trout.

Benefits of Traditional Fly Fishing Only Designation

The introduction of Traditional Fly Fishing Only waters will have sporting, practical, environmental, fiscal, and social benefits to the State of New Hampshire. These include:

* Free advertising of New Hampshire waters in fishing magazines, journals, and the Internet as sportsmen explore and debate the concept of TFFO.
* Fly shops will realize an increase in sales of flies and fly-tying materials that meet the criteria of TFFO.
* Guide services will flourish as newcomers require guides to instruct them on casting and fishing in the traditional manner.
* Spin fishermen will warmly accept the new regulations. The current FFO regulations allow the use of jigs (Clouser minnows, conehead Muddlers) and other weighted flies which are more safely and easily cast with spinning gear; thus fishermen using a spinning rod justifiably question the fairness of FFO rather than ALO. Since the flies used in Traditional Fly Fishing are too light to cast with spinning tackle, the equity of the new designation will be apparent.
* Trout will grow larger in the safety of their "sanctuaries."
* The added cachet of TFFO will resonate with new fly fishermen and the similarity to the fishing prior to 1992 will be attractive to the "old-timers."
* The Department of Fish and Game will save money in stocking, as the number of fish caught per angler day will be less, but the satisfaction with each catch will be greater.
* The fishermen who adopt Traditional Fly Fishing methods will be possessive of their waters and will police them themselves, calling upon Conservation Officers as necessary. Thus no additional enforcement checks will be required.
* Only FFO flowing waters need be altered to TFFO, as ponds and lakes would not realize the same benefits as rivers and streams.


Proposed Definitions for Traditional Fly Fishing Only Waters:

Artificial Fly for Traditional Fly Fishing - In waters designated Traditional Fly Fishing Only, a fly shall be constructed on a single hook with a single point dressed with any or all of the following: feathers, fur, hairs, wool, cotton and other grasses, silk, metal tinsel not greater in thickness than five thousands of an inch, rayon or nylon thread or floss. Resin, gum, and nitrocellulose varnishes and lacquers may be applied to the thread of the fly. Epoxy and other synthetic adhesives may not be used. The hook shall have no additional weight affixed, including but not limited to: hooks, natural bait, molded weight, beads, coneheads, dumbbells, spinners, spoons or similar devices.

Traditional Fly Fishing - A technique for fishing where the weight of the line is used to cast a very light-weight fly that would not be heavy enough to be cast with a spinning or casting rod. No additional weight may be affixed to fly, leader, or line. The line shall be either a floating fly line, or an intermediate fly line with a sink rate of less than one inch per second, to which a leader of Nylon or silkworm gut is affixed. The rod shall be one designed for fly fishing and the reel shall be a single-action fly reel. The fly shall conform to the definition of Artificial Fly for Traditional Fly Fishing (above). No more than three such flies individually attached to the leader may be used. Dropper flies must be attached to the leader by Nylon or silkworm gut droppers no less than eighteen inches apart.

Clearly, Traditional Fly Fishing Only will bring attention to the finest fishing waters in New Hampshire, both from resident fishermen and out-of-state anglers. The additional challenge and prestige of catching trout under TFFO conditions will increase angler count on the waters, but decrease actual angling pressure on the fish.


The Petitioner thanks you for your thoughtful consideration of the above and looks forward to your response.

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Let me know what you think, either by replying to this post or by PM. Perhaps other states could benefit from similar rules?

Thanks.
__________________
Best regards,
Reed
http://www.overmywaders.com/


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