A question about transporting game fish.

[Old Ironmaker]

We had the winter get together for all the members at our small marina yesterday. A question came up that we couldn't come up with a definitive answer.

 

Is it legal for someone that does not have a fishing licence to transport gamefish in Ontario? I can give anyone without a fishing license gamefish can they take them home with them? I say yes, it's only logical, but the word logical usually doesn't apply in Ontario.

 

Nothing referring to this on page 9 under the title "Transporting Fish in Ontario".

Edited January 19, 2017 by Old Ironmaker

[BillM]

Pretty sure they just need to make sure they aren't over the possession limits of that species. MNR site states that no license is required.

 

https://www.ontario.ca/page/packaging-transporting-or-exporting-fish

[AKRISONER]

Pretty sure they just need to make sure they aren't over the possession limits of that species. MNR site states that no license is required.

 

https://www.ontario.ca/page/packaging-transporting-or-exporting-fish

 

seconded, the possession limits apply at a conservation status level.

[G.mech]

The following are cut and pasted from the 'Ask a CO' on Outdoorontario.net:

 

http://www.outdoorontario.net/AskMNR/mnrfaqfish.html

 

 

Question 38:

Does a person need a fishing licence if they have fish (ie. salmon) in their possession (freezer) even if the fish was given to them? Can i legally give a fish i caught to someone who doesn't have a licence or might they be in violation of the act?

Answer from the MNR:

There is absolutely no problem with you giving fish to a friend or anyone else and they do not need a fishing licence. The same goes for game and is widely used by hunters who have participated in the OFAH food for the need y project.

That being said, there are a couple of points to remember.

a) Those fish still are part of your daily limit. In other words you cannot take your girlfriend out fishing with you even though she does not fish, but ‘give’ her a limit, so that you can catch a second limit on the same day. The actual wording is “catch and retain in one day or possess”. You could, however, catch a limit of walleyes today, take them home and give them to your mother-in-law (hey, this is hypothetical!) then go out the next day and catch a limit for yourself. Remember that fish in your freezer are part of your limit, so you cannot have six, ten, or twenty limits of walleye in your freezer at home, even though you only took them six per day.

Possession limits apply to the receiving individual as well.

 

Question 164:

This has already been answered, but I have been told a CO has given a different response, so I'm just checking again. Sorry to be repetitive:

An angler catches his limit of, say, 2 lakers and gives them to his neighbor who does not fish and has no fishing licence. The next day, same angler catches another two lakers and again gives them to the same neighbor. This goes on until the neighbor has 18 lakers in his freezer.

The response in Question 38 says this is illegal. I.e., an angler may give away his daily limit (although be may not continue fishing that day), but the recipient is then bound by the possession limit and hence cannot have in his freezer more than that. I assume that if there are other members in the household, each of them could also have their limit, so that unless there are 9 people in the house, having 18 lakers in the freezer is illegal. But a reliable source just told me a CO told him this is perfectly OK. Comments?

Answer from the MNR

This is correct as is the response to Question 38. One person can have his/her possession limit and no more, regardless if they possess a fishing licence or not.

Question 164a:

Related to this, is the possession limit for the recipient the same as what the angler has? I.e., if the angler has a conservation licence, is the recipient of the fish bound by conservation limits?

Answer from the MNR

The possession limit for the recipient is that of a regular (non-conservation) licence.

Question 164b:

I got the feeling talking to the person that the confusion arises due to the neighbor not being licenced, as though the regulations apply only to licenced anglers physically out there fishing. I.e, if somebody gives you a fish, you are not bound by the regs. To add to the confusion, Question 66, which asks if it is illegal to possess a fish if you don't have a licence is still "with MNR for clarification". Perhaps that question and lack of reply has spawned the above

Answer from the MNR

It is legal to possess fish without an angling licence.

Edited January 19, 2017 by G.mech

[Fisherman]

A: none of the above responses answers the question. He's not exporting, he wants to know if someone else without a valid licence can transport someone elses fish.

Yes: As long as the fish have the required 1 sq" patch, readily countable and have the owners particulars, name,address, fishing licence number.

[G.mech]

A: none of the above responses answers the question. He's not exporting, he wants to know if someone else without a valid licence can transport someone elses fish.

Yes: As long as the fish have the required 1 sq" patch, readily countable and have the owners particulars, name,address, fishing licence number.

 

Nowhere in the entire cut and pasted clip does the word 'exporting' even appear...not sure what you are referring to.

 

I don't see anywhere in any regs that you need the fisherman's 'particulars' if you can post a link or something it would be helpful.

Edited January 19, 2017 by G.mech

[Old Ironmaker]

You are right Fisherman except the "exporting" word, I take exporting is taking fish out of Province. There was an issue years back when my relatives tried to cross the US border with anOnt. limit which was different than a NY limit. No problem today, you can't take 1/2 a samich across. It was about a non license holder "transporting" fish. I am under the impression that "possession" would include transporting them.

 

A different situation as far as possession goes. I presume my non licensed room mate can have a conservation limit of gamefish next to mine in the freezer. That was something else than came up. Not an issue after the dismal season of 2016 though. No one I know has that problem this winter.

Edited January 19, 2017 by Old Ironmaker

[G.mech]

You are right Fisherman. It was about a non license holder "transporting" fish. I am under the impression that "possession" would include transporting them.

 

A different situation as far as possession goes. I presume my non licensed room mate can have a conservation limit of gamefish next to mine in the freezer. That was something else than came up. Not an issue after the dismal season of 2016 though. No one I know has that problem this winter.

 

Transporting = Possession as far as the MNR is concerned.

 

Your room mate can have a full sportsman's limit....

Edited January 19, 2017 by G.mech

[Fisherman]

 

Nowhere in the entire cut and pasted clip does the word 'exporting' even appear...not sure what you are referring to.

 

I don't see anywhere in any regs that you need the fisherman's 'particulars' if you can post a link or something it would be helpful.

My bad, just reading in rules, you're right about that part

[Fisherman]

 

Nowhere in the entire cut and pasted clip does the word 'exporting' even appear...not sure what you are referring to.

 

I don't see anywhere in any regs that you need the fisherman's 'particulars' if you can post a link or something it would be helpful.

I know I've read it, we asked CO a few years back, ran into a situation where one guy had to stay back and we transported his fish home for him packed separate with his particulars. Unless they have dumped that rule maybe.

[John Bacon]

If a non-licensed fisherman can possess a full sport fishing limit, does that mean that a conservation license holder will still have a full sportfishing possession limit?

Normally, your daily limit is also your possession limit. But, it would seem strange if a non-licensed angler could possess more fish than the holder of conservation license.

[Old Ironmaker]

I am sure I read that if not in possession of a license the limit for a non licensed individuals limit is a conservation limit not a sportsmans limit. If I was stopped and had a limit of fish under my conservation license which I have I could say I don't have a license and be OK with more fish. No?

[G.mech]

I am sure I read that if not in possession of a license the limit for a non licensed individuals limit is a conservation limit not a sportsmans limit. If I was stopped and had a limit of fish under my conservation license which I have I could say I don't have a license and be OK with more fish. No?

 

Okay the question was asked and the MNR answered clearly in writing which I cut and pasted with the info highlighted in RED. above. Even a person with a 'Deemed License' is allowed a full sportsman's limit which is in black white in the regs. The Conservation limits are just plain confusing...

Edited January 20, 2017 by G.mech

[Dara]

So I give my neighbour some fish and another guy gives him some fish and another friend gives him some fish. Sounds legal to me. And who will know. A CO can't go to his house and search his freezer. What would the charge be. Having too many friends?

[John Bacon]

So I give my neighbour some fish and another guy gives him some fish and another friend gives him some fish. Sounds legal to me. And who will know. A CO can't go to his house and search his freezer. What would the charge be. Having too many friends?

 

He can't have more than one limit in his possession at any given time. But if the limit is six; then three friends can each give him two fish.

 

If he as a wife and two kids living with him, then the family can have four limits in total. So depending on the specific details, your scenario could be legal.

[FloatnFly]

you can transport your single day legal limit, anything over that, and you can be charged. you do not need a license to transport fish, just don't be over your legal limit

[G.mech]

I know I've read it, we asked CO a few years back, ran into a situation where one guy had to stay back and we transported his fish home for him packed separate with his particulars. Unless they have dumped that rule maybe.

 

I recall seeing that in a Q&A page and it was relating to transporting your fish along with somebody else's when they aren't with you as you suggest. I have done that myself and it's a very good idea that may save a lot of explaining if you get checked as you are in fact over your possession limit.. I don't think they care if you have all your particulars on a package of fish you give away though but what can it hurt?

Edited January 20, 2017 by G.mech

[Mister G]

So with a conservation license I keep my limit of only 2 walleyes. Once I get home I can then give them to the wife. The next day I can do the same because she has no license. Now the freezer has 4 walleyes. Then next day I go out again and keep another 2 walleyes, so the freezer now has a total of 6 walleyes because she doesn't have ANY fishing license and we are 100% legal at this point. However, if she also had a conservation license we would be over the limit by two walleyes.......DOES NOT MAKE ANY SENSE when you think about it.

[G.mech]

So with a conservation license I keep my limit of only 2 walleyes. Once I get home I can then give them to the wife. The next day I can do the same because she has no license. Now the freezer has 4 walleyes. Then next day I go out again and keep another 2 walleyes, so the freezer now has a total of 6 walleyes because she doesn't have ANY fishing license and we are 100% legal at this point. However, if she also had a conservation license we would be over the limit by two walleyes.......DOES NOT MAKE ANY SENSE when you think about it.

 

May not make any sense but that's how it is. Things would be much easier if they just got rid of the Conservation License....

[BillM]

So I give my neighbour some fish and another guy gives him some fish and another friend gives him some fish. Sounds legal to me. And who will know. A CO can't go to his house and search his freezer. What would the charge be. Having too many friends?

 

If you can't have more then your possession limit stuffed away in your freezer, why would you think someone without a license could?

Edited January 20, 2017 by BillM

[Mister G]

 

If you can't have more then your possession limit stuffed away in your freezer, why would you think someone without a license could?

I guess you didn't understand my point.......

 

My wife that does not posses any kind of license is legal with a sportsman limit which is two more then my limit with a fishing license.

 

AND here's one more thing to think about...

 

If I give my wife 2 fish for 2 days so that's 2 more then a conservation license is allowed for anyone possessing said license......can I destroy my license and then I too can have in my possession 4 walleyes...

 

Or what about is someone that has a sportsman license give me his legal limit of walleyes (FOUR) and I only have a conservation license, can I accept the FOUR walleyes even though I didn't fish for months or am I over the limit because I already have a conservation license.

 

This gets more complicated then one would think........

[BillM]

Here's my take on it with a bit more detail.

 

Any walleyes stuffed in your freezer are within your possession. I wouldn't want to try and explain to a CO that 2 are hers and 2 are yours

 

Now, if you were divorced and your wife lived somewhere else, then her possession limit would be 4 in this case. Yours remains at 2 because of your conservation licence.

 

You can cut up your license all you want, but that doesn't make it disappear out of the MNR database when they pull up your records, Now, if you didn't renew after it expired and weren't legally licensed then the both of you could possess 4 walleye in the freezer if they were gifted to you.

 

Great topic, BTW. Sure beats another political thread

Edited January 20, 2017 by BillM

[Mister G]

Here's my take on it with a bit more detail.

 

Any walleyes stuffed in your freezer are within your possession. I wouldn't want to try and explain to a CO that 2 are hers and 2 are yours

 

Now, if you were divorced and your wife lived somewhere else, then her possession limit would be 4 in this case. Yours remains at 2 because of your conservation licence.

 

You can cut up your license all you want, but that doesn't make it disappear out of the MNR database when they pull up your records, Now, if you didn't renew after it expired and weren't legally licensed then the both of you could possess 4 walleye in the freezer if they were gifted to you.

 

Great topic, BTW. Sure beats another political thread

That is TOTALLY your opinion...........

[BillM]

That is TOTALLY your opinion...........

 

It's an opinion based on the facts that are laid out in the regs. It's certainly not unfounded.

[manitoubass2]

With a wife and 7 kids with status cards, I could put all on Nip in my freezer lol.

 

Guess how much is in my freezer???

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

None lol