Private ponds and seasons....

[whiskywizard]

I'll be interested to hear the MNR/CO answer.

 

In Ontario, ALL fishing is governed by the Fish and Wildlife Conservation Act, 1997. It doesn't matter whether it's a lake, pond, stream or puddle. Even the guys at the indoor fishing shows with the bass in the big plexiglass tractor-trailer tank come under the Fish and Wildlife Conservation Act ("24. (1) A person may, without a licence, engage in aquaculture if the fish are cultured in aquariums. O. Reg. 664/98, s. 24 (1).").

 

The way the OP describes the pond, I think he could be charged if he were to fish it OOS.

 

Normally, to be a private pond, open year-round, the uncle would have to satisfy the requirements around the source of the fish. If he could show they were purchased from a licenced aquaculture facility and the pond was stocked, you could then harvest those fish as you pleased. You'd just have to follow the rest of the act; e.g., can't release a fish, etc.

 

But the pond was stocked before those requirements came into effect and hasn't been managed. And it isn't a licenced aquaculture. So I think the MNR would argue the pond contains naturalized fish and all seasons and limits apply.

 

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[Gerritt]

Well Gerritt, I can't answer your question at all, but I gotta say how pleased I am that you and your son got to spend that quality time together... I hope you get to do it again often and soon!

HH

 

 

Thanks Joe, given the situation I am in time has been extremely limited... but both my ex and I have been trying to figure out a plan to make exactly what you said a reality..... I have to rely on other family members though to make it happen..... not always easy given their schedules etc...

 

thanks for chiming in

[Gerritt]

I'll be interested to hear the MNR/CO answer.

 

In Ontario, ALL fishing is governed by the Fish and Wildlife Conservation Act, 1997. It doesn't matter whether it's a lake, pond, stream or puddle. Even the guys at the indoor fishing shows with the bass in the big plexiglass tractor-trailer tank come under the Fish and Wildlife Conservation Act ("24. (1) A person may, without a licence, engage in aquaculture if the fish are cultured in aquariums. O. Reg. 664/98, s. 24 (1).").

 

The way the OP describes the pond, I think he could be charged if he were to fish it OOS.

 

Normally, to be a private pond, open year-round, the uncle would have to satisfy the requirements around the source of the fish. If he could show they were purchased from a licenced aquaculture facility and the pond was stocked, you could then harvest those fish as you pleased. You'd just have to follow the rest of the act; e.g., can't release a fish, etc.

 

But the pond was stocked before those requirements came into effect and hasn't been managed. And it isn't a licenced aquaculture. So I think the MNR would argue the pond contains naturalized fish and all seasons and limits apply.

 

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Receipts are not possible. As this property was stocked before he purchased it... the farm was inhabited around 1897 and the pond was dug as a measure for fire suppression.. This is very common on farms... and infact will reduce your insurance premiums as the fire dept has a source of water to put out a fire....

 

It was the previous owners grandfather that stocked it.... kind of hard to go back three generations to obtain a receipt.....

 

I am waiting to hear back from the MNR.... and will certainly update everyone involved.

 

Thanks again folks,

 

G

[Dara]

Personally, I wouldn't think twice about it. His pond on his land and his fish. Why should the government have anything to say about it. I wouldn't even ask them.

[Dutch]

Seems to me a moot point. MNR will probably never come knocking.

 

Hope you didnt give specifics they may make it a make work project.

[northernpike56]

Exactly. just go for it, its his own pond, his fish, It wont have any effect on anything else go drop a line in there once in a while... nobody can say that they have never broken/twisted a law before.. driving at 115-120 km/h on the highway is technically illegal.. but you don't see people getting pulled over for that.

[Stoty]

Exactly. just go for it, its his own pond, his fish, It wont have any effect on anything else go drop a line in there once in a while... nobody can say that they have never broken/twisted a law before.. driving at 115-120 km/h on the highway is technically illegal.. but you don't see people getting pulled over for that.

 

[smally21]

So, the advice seems to be its OK because its unlikely you will get caught.

 

Where are these guys gonna be when/if you do get a visit??

 

There are zillions of land owner ponds getting fished against the regs i tend to agree little harm to do..but your efforts to find out are a good idea..maybe keep your inquiries low key...