Hypothetical Question

[HyperActive]

I am a catch and release guy so my own question doesn't apply to me I am just asking for the sake of knowing, although I do understand the assumptions that some people may get from the question.

 

Here it goes: If someone fishes in a 100% private body of water; because it is private water the fisherman doesn't take his license with him. (I know the easy answer is always have your license on you but this really is a hypothetical question)

 

He catches fish that are in season and privately owned, keeps them. He gets pulled over by law enforcement miles away from the privately owned fishery.

 

He has no license to fish but fish is his vehicle.

 

My question, would he automatically be found guilty for fishing without a license?

 

It seems to me the fisherman couldn't prove where he caught the fish and the Ministry could not prove they are Crown fish.

 

Ministry wins by default?,

Edited May 28, 2013 by HyperActive

[Old Ironmaker]

Private land or not one must possess a license to angle for sports fish in Ontario unless exempt due to age or disability. Unless the person says they were given to him by an angler, which is not the question, he is probably found guilty, probably because the judge might be in a good mood and I have seen some judges reaming the Crown for wasting valuable court time over a few fish. There is no such thing as Ministry wins by default. If he wants to plead his case that's what court is for.

[Woodsman]

If the private places qualifies to be fished without a license than he has no requirement to have a license with him and can transport the fish without penalty.

Just because the area fished is private does not necessarily mean you can fish without a license. Many conditions need to be met.

If the fish were caught legal it would be the MNR's duty to investigate and prove they were not. Default does not go to the MNR.

[Woodsman]

Private land or not one must possess a license to angle for sports fish in Ontario unless exempt due to age or disability.

Wrong.

Private ponds that have no connection to the water system, have been built and stocked do not require licenses or have seasons. This is off the top of my head and there may be a couple other conditions also.

[Old Ironmaker]

If the private places qualifies to be fished without a license than he has no requirement to have a license with him and can transport the fish without penalty.

Just because the area fished is private does not necessarily mean you can fish without a license. Many conditions need to be met.

If the fish were caught legal it would be the MNR's duty to investigate and prove they were not. Default does not go to the MNR.

 

Yes Woodsman, there are exemptions as in a special group or Family fishing week were no one needs a license, but rare I agree, yes.

[Woodsman]

Yes Woodsman, there are exemptions as in a special group or Family fishing week were no one needs a license, but rare I agree, yes.

No I was referring to private ponds where no license is required.

Some trout farms are a good example of these.

Edited May 28, 2013 by Woodsman

[Woodsman]

Taken from the MNR's web site.

http://www.mnr.gov.on.ca/en/Business/Enforcement/2ColumnSubPage/198397.html#waters

 

WATERS ON PRIVATE PROPERTY – APPLICATION OF REGULATIONS

 

Question Re: Private Property
I own a large parcel of land with a good sized spring-fed pond on it, the pond drains off of my land into a near-by river. I know there are fishing the pond, do I need a licence to fish in the pond and do the seasons apply on my property?

 

Answer:
Because your pond has an outflow the laws requiring a licence and the various fishing seasons would apply to your pond. The Ontario Fishery Regulations, which contain the rules for sport fishing in Ontario, apply to all water in the province with the exception of National Parks, waters that are licenced under an aquaculture licence and waters that occur on private lands that meet all of the following conditions:

• The waters are not on a regional flood plain,
• The waters lie wholly on privately owned land,
• The waters are not connected to natural waters,
• The waters contain water from run-off, springs, ground water or water pumped from a stream or lake; AND
• The waters have been artificially created.

 

If the pond meets all of the list above the fish must then come from a licenced aquaculture facility or a licenced commercial fish operation; they cannot be caught by sport-fishing and transferred to the pond.

[Old Ironmaker]

Yes private ponds for commercial use. IE kiddy fish ponds. I have a pal in Hidden Valley with a few private ponds stocked with various trout. He says licenses required, maybe he doesn't want his pond fished by his buddies. Good question, we will find out for sure latter. And I don't think just writing Wrong is the best way to get your point across in a civil discussion.

 

Woodsman must be a good researcher and fast typer. Answers the question before I can post it.

Edited May 28, 2013 by Old Ironmaker

[Woodsman]

Yes private ponds for commercial use.

Commercial use is not one of the listed requirements.

[HyperActive]

My girlfriend and I engaged in a very confusing conversation after she asked me to pick up my fishing license off the coffee table and suggested I put it in my tackle box. One point led to another, Hence the question I posted on here. I'm not so sure I am any less confused.

 

Hats off to the Ministry for all the work they do,

[Woodsman]

And I don't think just writing Wrong is the best way to get your point across in a civil discussion.

If you look at the post you will see I didn't just write Wrong.

I followed it up with an explanation.

I also quoted the incorrect statement.

It's a pet peeve of mine when incorrect information regarding the regulations is given out.

Edited May 28, 2013 by Woodsman

[Old Ironmaker]

OK Woody your right again and I'm wrong and I'm getting as confused as Hyper. Get a license and keep it with you, then no problems with the MNR, the OPP the RCMP then no need for a lawyer to stand before a judge in court. Get a license tattooed to your arm.

[Rich]

OK Woody your right again and I'm wrong and I'm getting as confused as Hyper. Get a license and keep it with you, then no problems with the MNR, the OPP the RCMP then no need for a lawyer to stand before a judge in court. Get a license tattooed to your arm.

Oh dont worry soon it will be on a microchip implant im sure lol

[Roy]

Hyperactive, the last time you asked this question, it wasn't hypothetical. You got answers from members trying to help you out. Maybe you should seek out a definitive answer from the MNR. I don't know...just trying to help you out here....

[camillj]

You do not need a licence to possess your legally acquired fish (within your possession limit)... but you DO need a licence to fish for them as stated above ...and transporting fish especially with fishing equipment in the vehicle would, l believe, leave you with a burden of proof that they were obtained legally.

[camillj]

On a similar note .. I wonder what would happen if one were pulled over with 10 legally caught Specks from Quebec (with ZEC papers and Quebec Licence) as they enter Ontario ...anyone had that experience ?

[BillM]

On a similar note .. I wonder what would happen if one were pulled over with 10 legally caught Specks from Quebec (with ZEC papers and Quebec Licence) as they enter Ontario ...anyone had that experience ?

 

Probably nothing... CO can't prove you caught those fish in Ontario waters.

[beagle dad]

THIS IS SIMILAR TO WHAT HAPPENED TO ME LAST YR

FISHING BALSAM LAKE..TOOK 2 LEGAL FISH WITH ME

STOPPED BY MINISTRY WITH BOAT ON TRAILOR..THE FISH WHERE LEGAL ON BALSAM BUT NOT THE REST OF KAWARTHAS

THE BURDEN OF PROOF WAS MINE THAT THE FISH WHERE LEGALLY TAKEN ON BALSAM..

WON IN COURT

WAS A TOTAL HASSLE...TRANSPORTING FISH YOU MUST HAVE A LICENSE OR DOCKUMENTATION FROM THE TROUT FARM ETC...AS TO WHERE YOU ACQUIRED THEM

 

TRY AND GET A LEGAL MUSKIE MOUNTED...YOU BETTER HAVE PAPERWORK PROVING WHAT WATERS IT CAME FROM AS LEGAL SIZES ARE DIFF IN DIFF AREAS

[HyperActive]

Hyperactive, the last time you asked this question, it wasn't hypothetical. You got answers from members trying to help you out. Maybe you should seek out a definitive answer from the MNR. I don't know...just trying to help you out here....

Roy if you can show me any post I asked about transporting fish caught from a private fishery then I do apologize.

 

I'm not going through all of my posts but I believe I did ask if my girlfriend needs a license to fish in a private fishery, as that was always her excuse not to fish with me........in a playful manor. Please take the time to correct me if I am incorrect though. And yuppers, I would have called the Ministry at that time for clarification if they were open at 11:19 P.M.

 

Beagle Dad, your experience is pretty much what I had in mind when my girl and I where having the "what if" conversation. Thank you for sharing.

 

I guess everyone's comprehension, perception, and experiences are different,

Edited May 31, 2013 by HyperActive

[Roy]

I was referring to the regulations thread, here. http://ontariofishingcommunity.com/forums/index.php?showtopic=65927&hl=

[capt_hooked]

If you are Native are you allowed to fish "off the reserve" with no license?

[Roy]

If you are Native are you allowed to fish "off the reserve" with no license?

 

My answer to that is NO! However, I'm not the one to decide who fishes where, when and for what.