This might sound surprising coming from me, but I don't think statewide C&R is necessary or warranted. This may or may not be what I've said in the past, but it's what I believe at the moment. Giving credit where credit is due, we have one of the highest length restrictions on brook trout in the east. The 7-inch minimum likely protects a lot of brook trout in general regs streams. That said, I think in strategic locations across the state (certain waters, watersheds, or regions), there should be stronger harvest protections including C&R.
I'm really not a hardcore anti-harvest guy when it comes to brook trout. Limited harvest for consumption likely isn't going to cause any harm to a population, and could actually benefit some populations (Mike's favorite term, compensatory mortality comes to mind). Where I think it can cause a problem is in high-use areas, where limited individuals likely have more ecological value, and especially where stocking occurs. As the folks at MD DNR have stated:
The department believes that the value of releasing native brook trout is greater, both socially and ecologically, than harvest, especially given the abundant opportunity to harvest stocked trout.
In other words, if you're going to stock over wild brook trout, why allow the harvest of the wild brook trout?
I'm also not an angling method extremist. I'm not convinced that the method (bait, artificial lures, flies) changes the outcome enough to make large blanket rules on what type of equipment people can use. I'll temper that by saying I do think, in certain circumstances, it may make a difference. High-use areas with populations that can't support significant harvest. I think this goes hand-in-hand with the above.
I will also say that in smaller populations where exploitation could have a larger impact, I think there need to be stronger limitations on the harvest. I've seen photos of abuse in other states where anglers harvested far more than their limit due to the smaller size. I've also witnessed firsthand people using seine nets to harvest hundreds of brook trout from small tributaries. Admittedly, those people were breaking the law, and they may have broken the law whether there was a C&R reg or not. The bottom line is, I think fisheries folks tend to overlook the impact that a few reckless individuals can have on a population. Regardless, as I've said repeatedly, I believe there is a psychological impact to C&R regs that has value and potentially more value than the biological results.
I also think the state should've included a brook trout component in the slot limit program. That program favors larger brown trout, and as folks have mentioned recently, Penns creek seems to be turning out a lot of brook trout lately. The slot limit program essentially allows the harvest of all brook trout (7-12) while protecting mid-size brown trout to encourage more larger brown trout. This is another example of where brook trout appear to be an afterthought or not considered at all. The impact of the slot limit on brook trout was not only ignored, there wasn't even a hypothetical impact statement that showed they even considered what might happen to brook trout.
Stocking nonnative trout over wild brook trout is the big issue. The biggest issue. Again, I think there should be C&R "zones"based on some criteria where it makes sense and is likely to have a positive impact (like the Upper Savage), but the stocking issue is the biggy. This includes where the state is stocking fingerling brown trout in brook trout streams directly below Class A brook trout streams. That move seems like they're actively attempting to change the species composition. Stocking also leads to increased angling pressure. Incidental mortality of brook trout in stocked trout waters is likely as big or an even bigger problem than the stocked trout themselves.
Then there's the private stocking issue and the continued rearing of brook trout in private hatcheries that still appear to be ending up in wild native brook trout streams where the private hatchery brook trout are breeding with our wild native brook trout.