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Old Ironmaker

What can you do? Poaching in front of the OPP

72 posts in this topic

15 hours ago, Lape0019 said:

Going back to the original post, is it confirmed that ALL O.P>p officers can enforce MNR regulations? I was under the impression that it was only the marine units that could enforce SOME of the regs. Like, mostly the safe boating regs. Anytime I have ever read anything to do with poaching, it always seems to be handled by a CO. I have seen CO's work with the marine units as well but I have never heard of a traffic cop providing a citation for an MNR regulation.

I have been looking when I have a bit of time to see if I can find anything that supports the OPP officers enforcing the regs and I haven't found anything yet.

Here's your answer found in the Fish and Wildlife Conservation Act.

Section

87 (1) The Minister may appoint a person or class of persons as conservation officers for the purposes of this Act. 1997, c. 41, s. 87 (1).

Same

(2) The following persons are conservation officers for the purposes of this Act by virtue of their office:

1. A police officer or First Nations Constable appointed under the Police Services Act.

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2 hours ago, Woodsman said:

Here's your answer found in the Fish and Wildlife Conservation Act.

Section

87 (1) The Minister may appoint a person or class of persons as conservation officers for the purposes of this Act. 1997, c. 41, s. 87 (1).

Same

(2) The following persons are conservation officers for the purposes of this Act by virtue of their office:

1. A police officer or First Nations Constable appointed under the Police Services Act.

 

The laws for fishing are actually under the Fisheries Act and the regulation under that act called The Ontario Fisheries Regulations. 

Fish and Wildlife Act is more for hunting and just fishing licenses. The Ontario Fisheries Regulations is where you find over limit, OOS, sanctuaries, etc.

 

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See, that makes sense to me. The few times I have ever been stopped by the OPP(again, Marine unit), they have never once looked in the livewell or asked me about the fish. Only if I had a fishing license and operators card. They would also check for safety equipment.

The situation definitely sucks no matter how you look at it but other than a badge, I am almost certain that cop had no more authority than OI did. If she would have gone up to the person fishing, the badge may have made a difference but so could have calling the tip line.

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I believe if stopped on the water:

OPP: check for valid boating license, alcohol (drinking and driving) and mandatory safety equipment

MNR Enforcement Officer: check for valid fishing license and to review the live well (any possession of fish and if valid size and season)

 

FYI ... I currently have this question out with a MNR Enforcement Officer that I'm an acquaintance with.  Will update when I have 'the word'.

Edited by TheKawarthaAngler

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Bass are open year round in Lake O but I don't know if that includes up to Dunnville or not.Bass are open year round in Lake O. Not sure if that includes up to Dunnvile or not. Been a long time since I checked ON regs.

 

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52 minutes ago, DRIFTER_016 said:

Bass are open year round in Lake O but I don't know if that includes up to Dunnville or not.Bass are open year round in Lake O. Not sure if that includes up to Dunnvile or not. Been a long time since I checked ON regs.

 

Your right, it's been a long time :sarcasm:, the Grand River / Dunnville flows into Lake Erie and there is a closed season there. 

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56 minutes ago, DRIFTER_016 said:

Bass are open year round in Lake O but I don't know if that includes up to Dunnville or not.Bass are open year round in Lake O. Not sure if that includes up to Dunnvile or not. Been a long time since I checked ON regs.

 

huh?

are you saying on the US side? cause definitely not on the ontario side

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21 minutes ago, dave524 said:

Your right, it's been a long time :sarcasm:, the Grand River / Dunnville flows into Lake Erie and there is a closed season there. 

LOL yeah. A long time ^_^

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There was a time Walleye was open all year on the Grand up to the Caledonia Dam at least. Now it is closed on that river including Bass until the openner. Erie has open season all year for Walleye but Bass is not. It looks like the OPP do not have the power to enforce the On. fishing regs. as I interpret what has been said here. I guess the easiest way to confirm that is to ask one the next time I am in a Tim Hortons

Edited by Old Ironmaker

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So the OPP can enforce the Ont. Fishing Regs. or they can't? 2 schools of thought based on comments here. I think I'll just ask the next time I am in Hortons and interrupt their safety meeting. They sure have quite a few safety meetings there. I bet they don't have a consensus.

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This is from an article in the Owen Sound Suntimes, it could be just a local thing or it could be totally wrong but here it is-

 

 When police or conservation officers check boaters -- both are authorized to enforce fish and game laws as well as boating safety laws -- they look for safety equipment and "alcohol for sure."

Edited by chris.brock

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  From what I have been able to figure out, I think the answer is that the all police officers including the OPP and CO's are authorized by law to enforce these rules but each municipality has their own agreement with the OPP as to which laws & Acts they are required to enforce within their jurisdiction.  There is a basic minimum service level that includes Criminal Code, Highway Traffic Act, etc but others such as By-law enforcment, Fish & Wildlife, Federal boating laws, Liquor License Act,etc are discretionary and the scope of service is determined by the local municipal Police Service Board. (if you really want to read more about this look up Police Services Act sections 5 & 10 but it's pretty dry reading).    The extra enforcement requires special training & equipment and therefore costs extra money which may explain why you are more likely to see OPP enforcement in more remote areas since the larger centres simply don't want to pay for the extra service.    I doubt that any officer would have much support from their superiors if they stuck their nose in where it didn't belong and the situation went sideways.... maybe she deserves a pass on this one(?)

EDIT:  I just sent an e-mail inquiry to the OPP so see if they can shed any light on this,   I will post there response if I get one.  

Edited by G.mech

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The word from my Enforcement Officer acquaintance .....

 

Conservation Officers (CO) for the most part focus on mandated legislation......natural resources related. However, CO’s also enforce the boating regulations, alcohol, etc. We can arrest impaired boaters and do on numerous occasions. OPP are also considered to be CO’s under the FWCA. Not Fisheries Officers...........so they will and can ask you for your fishing licence.  They don’t look at numbers, size, and seasons very often.

So even though it may not be known by every police officer ... since not everyone knows every potential element of their job ... they can certainly enforce fishing legislation, just as Enforcement Officers can arrest and impound impaired drivers.

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A lot of the hunting regs are from the Migratory Game Bird Regulations, watch for the boys with the yellow stripes down their legs, " They always get their man " , . I believe in some provinces they are the police in rural areas.

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So basically, that cop could have went up to the individual and asked to see the fishing license if she so felt like getting out of her car but that is about it. Well, at least that is what I am getting from the info provided.

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9 minutes ago, Lape0019 said:

So basically, that cop could have went up to the individual and asked to see the fishing license if she so felt like getting out of her car but that is about it. Well, at least that is what I am getting from the info provided.

Yes.  It's possible not all police officers are aware that they are within their power to enforce fishing reg's.  Many probably don't know what the different fishing reg's are and simply stay away from it.  But for this officer to go over and discuss license and what is in season to what is not when looking at their bucket of fish, they certainly could and noone could question it.

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