Opportunity To Have Your Voice Heard on Tennessee Fishing Regulations

Here in Tennessee, TWRA will solicit comments through from hunters and anglers about the regulations they would like to see implemented. Right now, that is happening through mid September for fishing regulations for the 2025-2026 years. While I generally have little hope of any serious changes happening that will result in improvements in our fisheries, there is always a chance.

I have written in and made several recommendations. Here are some of my ideas along with commentary on why it would be useful. 

First, all of my comments revolve around trout fishing primarily, but the general principles will apply to other fisheries as well if that is what you care about. A little background is important to understand my perspective. 

I have been fly fishing for somewhere close to 30 years and fishing the Caney Fork for probably 25 or more of those years. When I first started fishing the Caney Fork River, it was before Center Hill Dam was "repaired" for leakage and the continuous minimum flow was stupendous. The biggest thing that the minimum flow did, other than keep cold oxygenated water in the river, was to make it harder for people to access every nook and cranny in the river. In other words, the fish had plenty of places they could hide to avoid the heaviest fishing pressure. 

Fast forward to now, and not only is the minimum flow lower than it was then (despite whatever the Corps of Engineers claims) but the number of anglers and other river users has sky rocketed. That's not all bad, but it has been hard on the trout fishery. While many anglers pursue catch and release, there are also many people who choose to harvest their catch, some legally and others without regard for the regulations. That last bit is a separate issue, but the main point here is that more fish than ever are leaving the river. 

As long as I've been fishing the Caney Fork, it has been more cyclic than any other water that I fish. Some of that is driven by weather and environmental factors, but a huge component is simply fishing pressure. It goes something like this. Each cycle begins with the river fishing poorly. Word gets out that fishing on the Caney is terrible, and people quit wasting their time and money to come and fish it. For the next 2-4 years, the fishery gradually improves as more and more fish are able to hold over due to one simple factor: they are being left in the river. Unfortunately, word eventually gets out that the Caney Fork is back and fishing is on fire. All the anglers who want to catch and keep their limit return in force. Soon, everyone is talking about how it is like the good old days. Plenty of fish including lots of nice ones are being caught. However, the river can only lose so many fish before the fishery yet once again collapses and the cycle continues.

Right now, we have special regulations on the Caney Fork River. Those regulations allow for only one fish over 20" a day to be harvested. I've seen anglers with stringers of big trout, so enforcement would help a lot, but that is not the only problem. The fact that fish over 20" can be harvested means that there are very few fish over 20" in the river. Brown trout have to be a minimum of 24" and you can only harvest one per day. What does that mean? As soon as browns hit that 24" mark, they are usually harvested. If not right at 24", almost always within just 2-3 inches of that mark. Thus, while the Caney Fork could be absolutely full of big trout, they get harvested right about the time they are getting to a truly special size and you can forget about many ever getting to truly impressive dimensions. 

This brings me to my first recommendation. I would like to see a 30" minimum size for brown trout regulation enacted on both the Caney Fork River and the Clinch River. Both rivers are capable of growing big brown trout about as fast as one could hope for. While it is great that we have reasonably decent numbers of smaller brown trout on the Caney Fork, I am far more interested in catching browns over 24" than I am in catching brown trout under 24". Imagine, if you will, a river where catching brown trout over 24" is almost a given. That is what the Caney Fork could be. However, it not only needs to be protected through vigorous enforcement, but also with special regulations.

Both the Caney Fork and Clinch have the same problem with rainbow trout. Both rivers have a 14"-20" protected length range (PLR). Fish in the PLR must be immediately released. That means that both rivers have some nice fish between 14" and 20", but as soon as fish hit 20" they are harvested. I would propose expanding at least the top end of the PLR to 24" and it wouldn't hurt my feelings to expand the bottom end on the Clinch. 

Speaking of the Clinch River, as it is now acknowledged as a wild rainbow trout fishery, albeit a somewhat fragile one, it needs a significant overhaul on regulations. First, the daily 7 fish limit needs to be significantly reduced. I would suggest a two fish a day limit if we can't just have a catch and release river. Furthermore, I would suggest making everything from the bottom of Miller Island upstream to the weir dam a catch and release zone. While unlikely to be implemented, catch and release zones are crucial to protecting spawning fish. For examples, look to some of the best trout waters in the country which have seasonal catch and release zones or even total closures (which I could support as well if it can be determined when most of the spawning success happens). There is a reason why everyone wants to go fish the White River in Arkansas, and the quality fishery is largely driven by special regulations, catch and release zones, and seasonal closures. 

Finally, at a minimum, the Clinch needs to have a seasonal fishing closure from just above (say 50 yards upstream) the mouth of Clear Creek extending down to the weir. There are a variety of reasons why this section is so crucial, but it all revolves around spawning class fish. The water above the weir dam often has major water quality issues with low dissolved oxygen in the late summer and early fall. Clear Creek contributes water with very high dissolved oxygen (DO) and fish spawn in Clear Creek as well. Thus, just prior to spawning, spawning fish will stack up in the high DO water coming out of Clear Creek. Unfortunately, a lot of people know this and catch these spawners and put them on stringers. Right now, that is completely legal albeit not ethical. Changing the regulations to protect these fish will go a long ways towards rebuilding the wild rainbow trout fishery on this river to what we saw 5-10 years ago.

If you are interested in seeing better fisheries here in Tennessee, then reach out to TWRA and share your thoughts on what can be done to improve our fisheries. I would suggest asking for a 30" minimum size limit on brown trout on the Caney Fork and Clinch. I would also strongly suggest a seasonal closure OR catch and release zone on the Clinch River around Clear Creek down to the weir dam at minimum. Submit your comments at:

https://stateoftennessee.formstack.com/forms/2024fishingregcomments

Paying More: ACT NOW

Here in Tennessee, it looks like we are set to pay more to fish and hunt.  Taxes on most outdoor activities that I care about are about to go up.  Remember, once the government gets a tax from us, it is very rare to ever go back the other direction.  Sadly, as a trout fisherman, I don't believe the increased cost is justified by the quality of the fishing.  There are several important things wrong with the current proposal, at least some of which I hope we can get fixed.

First and most importantly for out of state anglers, the Tennessee Wildlife Resource Agency (TWRA) is proposing eliminating the one day fishing license for non-residents.  To put this into better perspective, let's look at a scenario where you decide to come take a float with Trout Zone Anglers. As things now stand, you can purchase a one day all species license for $16.  Not bad for some decent trout fishing.  Under the new proposal, TWRA wants to eliminate the one day non-resident license.  The next cheapest alternative?  A three day all species license.  Guess how much that is going to cost you?  Seriously, you don't want to know but this is so important that I'm going to tell you anyway.  $40.50. Yeah, ouch.  That is a LOT of money considering that is what North Carolina currently charges for an annual non-resident fishing license, and I can fish a whole season in Yellowstone for that price.  See what I mean about the increased cost not making sense for trout fishermen?

TWRA supposedly needs funding and a lot of it.  Okay, I buy that.  I know from my own observations that they are understaffed as it can be really tough to find a wildlife officer when you need one.  They are simply stretched too thin and increased funding should theoretically solve that.  Unfortunately, by increasing license fees, they will ultimately sell fewer licenses and thus may not obtain much additional funding.  A much better alternative would be for the Tennessee state legislature to pass legislation that enables TWRA to keep the majority of ticket money from enforcement actions.  That would both encourage officers to get out there and enforce the rules and simultaneously improve fishing (and hunting) by making sure everyone plays by the rules that are in place.

In addition, as trout fishermen, we need to look at what people would pay for licenses in other destinations. I have been fortunate enough to fish in Arizona, Colorado, Montana, Utah, and Yellowstone National Park in Wyoming.  I have enjoyed fishing in each and every one of those.  In Colorado, an annual non-resident fishing license is $66.  In Arizona it is $55.  In Montana, the Mecca of trout fishing, a non-resident license is $70.  Utah's non-resident license for 1 year is $75.  In Yellowstone National Park, I can get a season permit for $40.  Currently, in TN, a non-resident license is $81.  Our fishing is better than that in Arizona, but not as good as that in any of the other 4 destinations/states that I mentioned.

One state that I failed to mention is Wyoming.  Guess what?  The Wyoming non-resident license (including the conservation stamp is $104.50.  Can you guess which state I have NOT fished in?  I might also add that they have incredible fishing, but I have not experienced it because the cost was prohibitive.  If we continue to increase our license fees, we will lose more and more business to neighboring North Carolina, Kentucky, and Georgia who all have great fishing including fantastic trout fishing.  North Carolina has a delayed harvest program better than anywhere else I have seen or heard of.  Again, I should mention here that their non-resident license is less than half of what we currently charge (to be fair they are also increasing license costs this next year from what I have heard).

Finally, one proposal that I am torn on but ultimately oppose is the proposed guide license.  The cost is not terrible prohibitive unless there are additional costs associated with getting "certified," but that is not my main concern.  A little history would be best here.  I started Trout Zone Anglers at the beginning of this year.  Already approaching my own year anniversary as a fly fishing guide, I could not have done this except in Tennessee.  Let me explain further.

Living and teaching in Colorado was an incredible experience, and a large piece of me misses it terribly and not just for the great fishing and mountains.  However, when my job status became murky, and I started looking around for something other than teaching, I knew that I could not stay in Colorado.  Starting a business as a fly fishing guide in Colorado was impossible.  Literally.  You see, the cost was prohibitive and there just weren't permits available to guide in certain areas.  Things are very heavily regulated.  Just to obtain a guide license in Colorado (never mind insurance or fees from various government entities to guide on specific waters, etc) was going to run me hundreds of dollars.  In other words, the barriers to entry to the guide profession were significant.  Of course, I could have started guiding for an established business, but with bills to pay I couldn't afford to start on the lowest rung and take just a few trips here and there.  The cost of living in Colorado meant that I couldn't afford to follow my dream of being a guide there.

Returning to Tennessee meant I had a chance, however.  Arriving back in my home state to start guiding on the waters I grew up fishing, I had just enough money to get important things like insurance and a Commercial Use Authorization to guide in the Great Smoky Mountains National Park.  Things were so tight that an additional "state" guide license would have been more than I could afford at the time.

As a guide, I recognize the value in making sure that the playing field is level.  I believe everyone working out on the river should have appropriate guide liability insurance as well as 1st aid and CPR certifications.  Guides should be good stewards who teach clients to respect the environment and the quarry and to clean up after themselves as well as others who are less educated.

While my politics are not relevant to this discussion and even my students never knew which political party I supported (if any) because I think everyone should make informed decisions on their own, I will say that I appreciated the fact that Tennessee was a conservative state when I decided to become a guide.  Without the lack of barriers to entry in the guide profession, I may very well have ended up in some field that did not suit me, living the rat race of corporate America.  However, here in Tennessee, the idea that any individual willing to work hard enough could be successful still lived strong enough that I was able to start my own business.

Thanks to all of my great clients and now friends, my first year as a guide was all that I had hoped it would be and then some.  Having learned a lot and hoping to be even better this next year, I'm eagerly looking forward to a great 2015 and already booking trips into the spring, but again, none of this would have been possible if it had cost just a little more to get started.

The whole point of this background history and discussion is this. I have lived in states where you had to pay for everything in terms of access and license fees.  I have also lived in Tennessee where fees are only just now on the rise.  More and more Forest Service sites will be charging money for use, the Great Smoky Mountains National Park forced through a "Backcountry Use Fee" despite huge (and continuing) opposition, and now TWRA wants to further raise license fees.  If you don't think this sounds bad, wait until we also have to pay for entry into our state parks.  I have seen where this ends up, and unfortunately here in Tennessee wages are not high enough to reasonably allow everyone to participate in outdoor activities if there is a large fee attached to everything.  For years I have camped less and less just because the cost is prohibitive and went backpacking as a reasonably priced alternative.  So much for that idea with the fees in the Smokies.  A basic economics class will teach you that by raising the cost, you will eliminate some people from buying a given product.  This is not rocket science here.

What we need in outdoor sports is more participants, not fewer, or we will eventually be eliminated.  We need more education, yes, but not fewer people enjoying things like fly fishing.  There are already elements within the National Park Service that would ban all users and leave the land wild for the animals that live there.  A noble thought if you are a wild animal, but imagine the day when we cannot even enjoy our own wilderness.  I live and breathe wilderness, clean water, and crisp, clean mountain air.  We need more people who do the same.

Additionally, the introduction of a guide license will eventually lead to higher guide license fees and ultimately all of that will be passed on to the consumers, those of you who book guide trips.  I'm already embarrassed when I explain to potential clients how much they will have to spend on a fishing license.  Some have been shocked already at how expensive it is now and if you have been used to fishing North Carolina's fantastic delayed harvest waters, it would be quite a shock to come to Tennessee.  By regulating guides, they are simply chipping away at another small area and eventually the sum of all these concessions will be great.  Remember, once things are taken, once prices are raised, once rules are implemented, there is no going back.

For that matter, how will they even define the term "guide"?  For example, I'm a guide who also fishes for fun.  What if I'm out with my buddies on a Tennessee river and we get stopped.  When asked if this is a guide trip, I honestly reply no.  Then what?  I'm sure plenty of people will simply lie.  Then the honest ones get screwed by paying more and the others are still out there.  Based on the sheer number of people using our waterways, I guarantee they will not have the time to investigate every trip to see if it is really a guide trip or not.  As usual, the honest ones get a raw deal.

Finally, as long as we are making changes to the regulations, Tennessee needs to make all annual licenses good for one calendar year from the date of purchase.  Having fished in states that do it this way, I can really see no good reason that this is not possible.  If they are going to change the rules, at least change rules that actually help.

Now for perhaps the most annoying part of this whole discussion.  TWRA has been very crafty and has sought no public input on the proposed changes, a real taxation without representation if you will.  The goal is clearly to sneak all of these increases through with the least amount of public outrage possible.  Towards this goal, the January meeting where this will be discussed is scheduled to happen in Union City.  Anyone know where that is?  Probably not many of you do without consulting a map.  Union City is about as far in northwest Tennessee as you can get and much too far for most of the state's sportsmen to drive to attend so their voices can be heard.  There are no public comment meetings in the evenings, just the one commission meeting happening at 9:00 a.m. on a Friday morning in the middle of nowhere.  The message is clear: TWRA really does not care about Tennessee sportsmen or their opinions.  They are far more interested in raising fees instead of starting a dialogue on how we can address the funding issues in a more meaningful manner that will have a lasting impact.

My recommendation is for each and every one of you to contact the members of the Tennessee Wildlife Commission and let them know that you oppose the fee increases.  You can find all of their contact information here.  Both emails and phone calls would be a great idea for as many of them as you can.  The best idea to email would be to just copy all of them on the same email.  There is very little time left to act here, especially since they are making it difficult for us to be heard.  I know it will take some time, but if you care about hunting and fishing in Tennessee, please take the time to let them know that you oppose the fee increases and guide license.

Local Trout Update

Yesterday, I took a brief scouting trip.  The goal was to see if TWRA had stocked any trout at Cumberland Mountain State Park.  Each year, the small lake is one of many winter stocking sites to provide a seasonal trout fishery.  With the tentative stocking date already past, I figured it wouldn't hurt to at least take a walk with my fly rod.

The trip didn't last long.  Either the trout were not stocked or they did not know how to behave like trout.  I didn't spot the first rise.  Normally those fresh stockers will rise well most of the winter so it looks like the fish may be delayed this year if we are lucky.

Where does luck come in?  Well, in the process of exploring the lake, I heard what sounded like an awful lot of water below the dam.  Upon closer investigation, I discovered that the drain seems to be open.  Now, I'm not sure why, but it seems like every year or two the lake is drained for some reason or another.  If that is what is happening right now, we may not even get the winter stocking at all.  So, there goes all the luck out the window....maybe.

At least there are still a few bluegill around and willing to play.  I managed a few like this one and one small bass that flopped off before I could manage a picture.

Also discouraging was the widespread algae coating the lake bottom.  Runoff from the golf course has been altering the lake for years now to the point that I'm wondering how it is affecting the fish population.  This lake used to put out some slab sized panfish and nice bass up to 8 or so pounds.  The last few years, I just can't find any fish over 2 or 3 pounds and even those seem to be few and far between.

Currently I'm looking into the possibility that the Park is illegally polluting their own lake with fertilizer rich runoff from the golf course. As of right now I'm not sure about all the regulations on such things, but the situation is getting bad enough that something needs to be done so I guess I'll be doing some legwork over the next few days.  More on that later if anything comes of it...

Trouble for TWRA

For those that fish in Tennessee, you know that your license comes from the Tennessee Wildlife Resources Agency (TWRA). It has been brought to my attention via the Little River Outfitter Message Board that Rep. Sherry Jones (D - Nashville) is sponsoring a bill (House Bill 2856) that would abolish TWRA and also would deposit all funds from license sales into the general fund instead of directly back towards enhancing and protecting our waterways and wild areas. Additionally, the state would lose millions of dollars in federal funding that are currently going to TWRA.

This plan is a disaster and I would strongly encourage you to email or call your representative and let them know that you are against it. You can find your representative here. This bill is currently nowhere near a general vote and probably won't get that far as it must go through committees first. Regardless, this is an important issue so let your voice be heard.