SIGNIFICANT ERROR IN MICHIGAN TROUT REGULATIONS FIXED AFTER DISOVERY BY ANGLERS OF THE AU SABLE We appreciate MDNR Director Rebecca Humphries’ and Fisheries Division Chief Kelley Smith’s quick resolution of the crisis this week. The error was sloppy – there’s no argument about that – but it wasn’t purposefully malicious, and it was handled professionally. We trust that there will be more attention to detail in the future as we continue to work toward appropriate regulations for Michigan trout streams.
Dear Anglers of the Au Sable Members,
This fall, staffers at the Michigan Department of Natural Resources inserted a significant error into proposed statewide fishing regulations. The erroneous language stated that artificial “lures” rather than “flies” would be allowed on the Holy Water of the Au Sable River main branch, the Mason Tract of the South Branch and the no-kill section of the Pere Marquette (Type 7 waters).
DNR Fisheries Division staffers have indicated that the error occurred when the proposed regulations (FO-200) were reformatted from the September version to the October version. The regulations were scheduled for approval by the Michigan Natural Resources Commission at the Commission meeting on December 3. The proposed change is the creation of a new category, which will be called Gear Restricted Streams, and moving the existing Types 5, 6, and 7 into this category. The new category will not carry a number designation. This will leave four numbered stream categories (Types 1, 2, 3, and 4) that will remain unchanged from their current status. Also, no changes to stream regulations on Types, 5, 6, and 7 will occur in creating the new category.
The DNR published the incorrect draft three months in a row. No one in the DNR or among the fishing community caught the error until Thanksgiving weekend when Anglers of the Au Sable member Terry Warrington found the problem while reviewing the DNR web site. Warrington contacted Marvin Roberson, of the Sierra Club, who contacted Anglers’ Board members. Roberson mobilized an effort to decipher the apparent transgression and subsequently asked the NRC to investigate the reason for such an error.
Anglers quickly registered many concerns with the DNR, and received quick responses from both the Fisheries Division and MDNR Director Becky Humphries.
The DNR quickly corrected the invalid language. DNR staffers took responsibility for the error in a memo on Monday, November 30, which reads, in part, "We fully understand and accept responsibility for these actions which have jeopardized the good faith of the Division and the Department." In a separate email to the Anglers of the Au Sable, Federation of Fly Fishers, Trout Unlimited, and others, the head of the DNR fisheries division, Kelley Smith, wrote: "We sincerely apologize for this mistake and the angst it has caused so many."
The DNR deserved, and received, quick criticism for this serious error and the lack of oversight which persisted until just days before the erroneous regulations were scheduled for approval. Flies-only angling is, of course, at the foundation of all we do in this organization. We want the Natural Resources Commission to be aware of this week’s error. We certainly expect the Fisheries Division to immediately improve its oversight of regulations drafts. We swiftly registered these concerns.
But DNR officials also deserve our sincere thanks for being extremely responsive over a holiday weekend, quickly fixing the errors in the proposed regulations, and apologizing for what was, by all indications, an honest mistake. The corrected order will be presented at the December Commission meeting as an information item and will be presented at the January Commission meeting as an action item.
The timing of this incident was unfortunate because it happened in the middle of many months of ongoing discussions between the DNR Fisheries Division and outdoors groups, including the Anglers, about other potential changes to fishing regulations. Those discussions are ongoing regarding such issues as regulation simplification, and potential for changes and additions to gear-restricted waters.
We are eager for the positive tone of those discussions with the Fisheries Division to continue in January 2010. We are confident that all parties will overcome the emotion of this week, put it behind us, and continue to collaborate for the betterment of our trout fisheries.