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hurraylien

keepin roe from already dead fish

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From the web site ----

 

Question 29:

 

I was wondering, say if I found a dead almost decaying salmon in the river. Am I allowed to take the roe from the fish?

Asked on October18/99

 

Answer from the MNR:

This one does not have an easy answer because it is so close to "the edge" - the line between legal and illegal; so I will give you two answers: a)"the strict legal answer" and B) "what I would do in this situation to make sure I stayed out of trouble".

 

First answer, is if the fish is dead and not yet decaying (you said 'almost decaying') then the Fish and Wildlife Conservation Act says that "a person who takes fish whose flesh is suitable for human consumption shall not abandon the fish…or permit the fish to become unsuitable" So the answer would depend on whether the fish is suitable for human consumption when the eggs are removed. If it is suitable for human consumption, you are committing an offence; if it is not, you are not. You may, however, have to defend your interpretation of "unsuitable" in court if an officer has reason believe that the fish you took into your possession was suitable for human consumption and that you, after taking out the eggs, abandoned the fish and allowed it to become unsuitable.

 

HOWEVER, the second part of my answer, assuming that the fish were unsuitable would be: If this was me, I would take the entire carcass, so if I were to be stopped, I could demonstrate exactly what I were doing, and not be accused of catching and killing fish strictly for the roe. I would then dump the unsuitable for consumption fish on my garden! Technically, the fish, in the short term, becomes a part of my limit, but I would not envision an officer laying an over-possession charge on a person who has extra limit obviously rotting fish. I would strongly suggest, however, before you find yourself out on the banks searching for rotten fish from which to take eggs from that you contact your local district office to discuss your plans.

 

By the way, you should also note that it is unlawful to sell, or otherwise trade in these eggs without a licence to sell

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I have personally taken roe from dead fish in the past.

 

One time I was at Bowmanville and Mitch ( the MNR Officer) in that area saw me, he came up to me and asked me what I am doing, I explained that a dead hen was in the river and I was taking the eggs, doing so that I didnt have to kill a fresh fish knowing that I wasnt going to eat it.

 

He thought it was a good idea and he liked the fact that I wasnt just killing for eggs. The only thing was he suggested that I keep the carcuss, or bury it somehwere

 

just my 2 cents worth

 

Dave

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I have personally taken roe from dead fish in the past.

 

One time I was at Bowmanville and Mitch ( the MNR Officer) in that area saw me, he came up to me and asked me what I am doing, I explained that a dead hen was in the river and I was taking the eggs, doing so that I didnt have to kill a fresh fish knowing that I wasnt going to eat it.

 

He thought it was a good idea and he liked the fact that I wasnt just killing for eggs. The only thing was he suggested that I keep the carcuss, or bury it somehwere

 

just my 2 cents worth

 

Dave

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