What’s Legal Isn’t Necessarily Ethical

Slow-growing, cold-water-loving, longlived 20-, 30-, even 40-year-old lake trout are the most vulnerable. Reacting to the fact that lake trout feed heartily in cold water—and to observations of conservation officers who’ve witnessed on a single day’s patrol an entire year’s sustainable production of lake trout lying on the ice of a small lake—Ontario-based researchers have undertaken a decades-long study to document the impact of ice fishing.

On one carefully managed fishery in Northwestern Ontario, the scientists open the lake trout season on an experimental basis for a limited number of anglers for only 9 days each March. More than 15,000 lake trout have been harvested since the study began in 1985. Not surprisingly, the average length and age of the trout has shrunk steadily throughout the study period—just as one would expect. What no one imagined, though, is that the ice-fishing catch-per-unit effort (the amount of time spent and number of fish caught) has varied little throughout the experimental period.

In fact, in recent years it has peaked. In other words, even as the researchers are documenting the collapse of the trout population, ice anglers continue to catch as many or more lake trout than ever. How is this possible? The last remaining trout in the lake, as well as the vast majority of trout anglers, are now congregating around and concentrating on the key structural elements in the lake. This is ominously reminiscent of what preceded the collapse of many of the ocean’s greatest commercial fisheries.

Many biologists tell you that in a perfect world they’d manage every body of water on a lake-specific basis, delicately balancing predator and prey numbers, fishing pressure, and lake productivity. But in our imperfect world, fishery biologists are left to manage species on a broad region-wide or ecological-zone basis.

Anglers want the best possible fisheries. Some think “good fishing” means catching as many fish as possible, regardless of size. Others want at least a reasonable chance to catch a trophy-sized fish, even if they have to release it.

When fishing is good and large numbers of big fish are easy to catch, anglers flock to the lakes. At this point, ethics and law may conflict. Who can resist good fishing action? Daily catch and possession limits allow them to harvest fish, too; it’s legal, so why not? Many anglers argue that if biologists were concerned about anglers taking their limit, surely they’d change the rules.

But “legal” can sometimes be detrimental. Anglers tend to feel that if it’s legal, it’s ethical. Fishery managers routinely monitor fishing pressure on lakes and observe harvest rates skyrocketing.

Legal versus ethical is the single most significant dilemma facing anglers and fish managers today. Sadly, when the bite’s on, anglers tend to opt for what’s technically legal and not what may be more ethical. As for changing the regulations governing seasons and catch-limits, the process is typically laborious and requires years of data, public consultation, and legislative requirements. By the time the rules change, the problem—and the fish—will have disappeared.

*In-Fisherman Field Editor Gord Pyzer, Kenora, Ontario, is a former senior manager with the Ontario Ministry of Natural Resources.