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Posted

Het folks,

 

Just a quick note to let you know that I was contacted by a board member who very kindly and respectfully advised me that posting pics of out-of-season fish is not allowed on the board - I thank you for that. This was in reference to a walleye pic I posted in an earlier note - have since edited and removed it. FYI - I took every care possible in handling that fish and releasing it quickly and safely, but selfishly took a pic because it was a nice fish.

 

Truth be told, I think this is a great rule that is in place as a message that this board does not in any way condone or promote OOS fishing, or targeting fish that are in spawn mode (these guys need to be left alone to make some babies for the future). I should've read the rules more closely myself, and should've known better anyway.

 

Anyhow, just posting this note for two purposes:

 

1.) To let you all know that I will not be doing this in the future and understand why the rule is in place.

 

2.) To advise anyone else who may not know this that this is, in fact, a rule of the board.

 

Thanks to all as no one jumped all over me for the slip up. I look forward to posting lots of pics of IN-season for your reading pleasure in the weeks and months to come.

 

Cheers,

 

MOB

Posted

no one jump on you about it, because there are only a couple of.......guys.. that care whether or not people post OOS fish....

 

it is legal to take a photo of OOS fish but to control the few that go crazy over it.. they decided to not allow it

 

any way.....nice of you to post about your mistake, I am sure I and others will be making the same mistake in the future

Posted

As long as you don't catch OOS fish intentionally there is nothing wrong with it, it happens to everyone. Unfortunately there are guys that do target OOS fish on purpose and that's why people get all riled up over a OOS picture even if you did catch it accidentally.

 

I know for a fact I'll be catching OOS smallmouth fishing for Walleye in a couple weeks, and there nothing I can do about it, they are in the same areas and love jigs and spinners just like walleye and a musky might even take a jig, it happens every year, If it's a nice fish I'll take one fast picture, no harm done.

Posted

MoB, I am glad no one jumped all over you, and that a member gave you a heads up via PM about it. I saw the picture, and thought exactly that, someone may take issue with you about it. Personally, I had no problem with it as you explained it well, and have no problem with people taking pictures of OOS fish, or posting them, but for the benefit of this site, it is much better not to do it.

 

It was an accidental catch, not a targetted OOS fish, it happens. It happened to me 3 weeks ago, but I did not take a picture, nor had the opportunity to do so, just released the fish a.s.a.p.

Posted

Actually in my part of the Province the walleye season closes on the 15th of April, so not all areas are OOS yet.

Guest Trophymuskie
Posted

I agree that the poster is a gentleman as well.

 

But Terry you need to know that it is illegal to take pictures of out of season fish. The law clearly states that OOS fish must be released forthwith. And taking pictures or anything else is delaying the release of the fish and therefore not forthwith.

 

I actually have it explained in plain English from the MNR's top enforcement guy if anyone is interested I can e-mail it out when I get back on Sunday.

Posted

Here we go again.....I say Tiller!

Joe

 

 

Master, you "get it" about this place and kudos to the person who PM'd you to give you a heads up instead of attacking you in public.

Posted

I hear ya, Joe. The man offers a super apology for something which was not a crime....even goes above and beyond and sure enough, we still have a member cut him down at the knees.

Posted
I agree that the poster is a gentleman as well.

 

But Terry you need to know that it is illegal to take pictures of out of season fish. The law clearly states that OOS fish must be released forthwith. And taking pictures or anything else is delaying the release of the fish and therefore not forthwith.

 

I actually have it explained in plain English from the MNR's top enforcement guy if anyone is interested I can e-mail it out when I get back on Sunday.

 

hmmm...so if someone takes a pic of an oos fish while someone is removing the hooks, its ok then as there is no time being wasted. can you pm me the email i wanna see what the mnr guy said.

 

just remember, just because someone is an official doesnt mean they know and understand all of the rules....

Posted

Impressive post! Thank you for the heads up, as I myself had not read the rules of the site that carefully.

 

Thankyou very much

 

Jen

Posted

Trophymuskie you are 100% wrong it is not illegal

 

more then a few of us have had letters and emails from top MNR guys

and it was not ..

I was going into a long explanation.....but

I will bet anyone right now 1 million bucks

that it is not illegal for me to take a photo of an OOS fish

 

put up or shut up

Posted

Well done MoB !!

 

..and Richard...do you want a copy of the letter that says you can and that they'd never lay a charge for taking a picture of an OOS fish...that I keep in my tackle box ?

Posted

the problem is, the MNR likes to tell everyone that you can be charged for getting your picture taken with an OOS fish and it's true you can be charged but not for the photo but for keeping a fish out of water too long and it dies

 

 

forthwith in the context of the law means within a reasonable time, a normal time and in a quick enough time that the fish would be expected to live....

 

if you /they took forthwith to mean the second you know you have a OOS fish on your line then you would have to cut your line or you would have to leave the hooks in or if you hook your finger bring the fish in you would have to cut your finger off rather then take the time to remove the hook safely ..but that silly

forthwith only means in a timely fashion

Posted
no one jump on you about it, because there are only a couple of.......guys.. that care whether or not people post OOS fish....

 

Yes thanks... helps us keep the board sane...

Guest Trophymuskie
Posted

Here is the information bellow. It's not because the MNR won't enforce a law that it makes it legal.

 

Angling Close Times

 

25. No person shall engage in angling for or catch by angling and retain a fish of a species set out in Column I of an item of Part I of Schedule III from the waters set out in Column II of a subitem of that item during the close time set out in Column V of that subitem.

 

It reads a bit complicated but the first half of the statement says it all.

 

To summarize; it is unlawful to target closed season fish and if a fish is caught in closed season it must be released immediately (forthwith) into the waters in which it is caught. Taking pictures, or any other activity which interferes with the return of the fish to the water, would not meet the threshold of “forthwith”. The real driver here is the term in section 13 “release it in a manner that causes least harm to the fish”, the objective is to get the fish back into the water with the best possible chance of recovery.

 

I hope this helps in your discussions,

 

xxx xxxxxx

 

Provincial Enforcement Specialist

 

Enforcement Branch

 

300 Water Street, Peterborough

 

Ontario. K9J 8M5

 

Telephone: 705-755-xxxx

 

Facsimile: 705-755-xxxx

 

E-mail: [email protected]

 

13. Subject to subsection 35(1), every person who catches a fish of a species

 

(a) at a time or place at which fishing for that species is prohibited,

(B) by amethod or with fishing gear the use of whidch is prohibited in respect of that species, or

© the possession or retention of which is prohibited

 

shall return the fish forthwith to the waters in which it was caught and, where the fish is alive, release it in a manner that causes least harm to the fish.

Posted

I think it's another GREY area, some MNR say it's o.k. some say it's not, just another confusing rule in the book.

 

Because if someones taking a picture while the person who caught the fish is removing hooks etc... than your still releasing it forthwith. If your fishing by yourself setting the cameras timer to get a shot, it would take extra time.

Posted

Personally speaking, I wouldn't want a picture of an OOSF caught by me. It was (most likely) caught accidentally and really means nothing. There is a reason that they are OOS. Usually because they are big fish and they spawning and congregated to very specific areas and they are very vulnerable. In other words, easy to catch. Keep the cameras in the tackle box and let them go asap.

Posted

Why do we have to go through this?

It is illegal to POSSESS fish that are OOS. Possession is placing a fish or retaining a fish so that it is reasonable to assume an immediate release is not intended.

If it were illegal to take a picture of an OOS, it would also be illegal to take pictures of fish that are NOT IN THE SLOT! How many pictures have you taken of musky that were not legal for possession????

There has not been a single charge laid for someone snapping a quick picture of a fish that was OOS where the fish was released right after.

Also remember there are many places in Ontario where bass and walleye are open all year. There are open all year right here in my area. Next year they won't be.

Guest
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