After speaking to 2 CO`s regarding taking pictures of undersized muskies he didn’t seam to have an issue with it. As long as you have the proper fishing licence that allows you to possess a musky and it’s in season and you release the fish healthy it is not something they would likely charge you with.
The only thing they said was that in thier opinion it could be considered an offence if it’s a musky that is out of season or you are in possession of the musky without the proper licence like a conservation licence where the possession limit on musky is 0. Basically they said it was illegal to posses a musky with a conservation licence or posses an out of season musky at any time and in the case that you hook one out of season or with a conservation licence you need to remove the hooks while it remains in the water. According to the CO, once you remove that musky from the water and hold it, even for just 1 picture, even for only 10 seconds, you are in possession of it when you shouldn`t be and the picture is evidence of that. However, as the CO`s told me they would even consider charging you if the fish is released quickly and in good health, unless they suspect that you are targeting the musky out of season or with a conservations licence. Yes, I know you’re allowed to fish musky with a conservation licence, but according to the law you cant posses one at any time, even for a picture, therefore if you have a conservation licence you are required to leave it in the water if you hook one. It`s probably best just to get a sport licence if you`re going to fish musky in Ontario.
Overall unless the CO suspects you are purposely committing an offence like targeting a musky out of season your chances of being fined for taking a picture of a small musky or any musky is not likely.
Graham,
Fish Hard, Fish Fast
Georgian Bay Musky Charters
www.ontariomusky.com