Ask the CO Q&A

Welcome to the Ask the CO FAQ.

Please note that the comments posted here are an opinion based on the Conservation Officer's interpretation of the question posed. Under varying circumstances outcomes may be different, and the contents of this page should not be seen as definitive.

FISH

Question 200:

I have an island cottage on the Georgian Bay. It is located in Bayfield Inlet, north of Point of Baril. I believe that this is zone 16?

I just bought a decent size boat and will start to try to use downriggers in the Georgian Bay. I have no experience with Salmon fishing (or trying) as I have always fished for walleye and pike in the inlet.

Could you please clarify the season for trying to catch salmon with downriggers in the Georgian Bay? I know the walleye season doesn't open until May 1st, but it appears to me that I could fish for salmon in April?

I would appreciate clarification.

Asked March 22, 2005

Answer from the MNR

Actually the pacific salmon season closes at the same time as trout season (September 30).

The waters of Bayfield Inlet and Georgian Bay where the cottage is located are included in division 16 for the purposes of seasons, etc. for fishing.

With regards to salmon (Chinook, Coho and Pink) the season is open all year and the limit for a full seasonal licence is 5 and for a conservation licence is 2.

The open season for Atlantic salmon in that area is Jan 1 – Sept 30. A person with a full seasonal licence may catch and keep 1(one) fish and with a conservation licence a person may not keep any. Atlantic salmon are rare or non-existent in this area.

Downriggers may be used at any time during the open season for the species you are after.

Fish for which the season is not open such as walleye may not be targeted during the closed season and must be immediately released if caught accidentally.

Question 199:

Ganaraska: downstream from the CNR bridge, trout are in season all year. Upstream from the CNR bridge, they are in season until Sept 30 but the river is still fishable for salmon (any trout that get caught would have to be released). I have heard over the past 3 years the MNR has posted and closed the river to all fishing at midnight on Sept 30. The regulations mention nothing of this, could you please enlighten me?

Asked January 4, 2005

Answer from the MNR

Actually the pacific salmon season closes at the same time as trout season (September 30).

There is an all year open season for rainbow trout, brown trout and pacific salmon downstream from the southerly limit of the CNR right of way. There is also an extended fall season for rainbows, browns, and pacific salmon between the south edge of the CPR bridge and the southerly limit of the CNR right of way.

There are sanctuaries that are upstream from the CPR bridge and these are the only areas that would be posted.

Pacific salmon season is closed above the CPR bridge (which is slightly above Hwy. 2) from September 30 until the last Saturday in April in the following year. You can't fish salmon all year above Hwy. 2.

Question 198:

I used to be fishing Niagara River 2 years ago from November till February just 0,5- 1 km downstream from Butterfly museum. Rainbow and starting from January lake trout mainly.

But now I'm confused about divisions Niagara belong to.

Would you like to explain to me whether path of Niagara I mentioned above belong to division 2 or 3 or 8?

My questions are:

Is it illegal to fish rainbow trout right now (December 2004) or not?
Should I keep a fish thrown to me by somebody from the boat? Is this fish included to MY possession/catch limits automatically?
What should I do if someone from the boat is throwing already dead lake trout to me?

(Note: I'd never asked about that but it happened that some guys with US flag did it...)

Asked January 4, 2005

Answer from the MNR

The Upper Niagara, (Lake Erie to the Falls) is Division 2, the Lower Niagara (Falls to Lake Ontario) is Division 8. In both Divisions Rainbow Trout is open all year. The Lake trout season in both divisions is Dec. 1 to Sept 30.

If some one gives you a fish, it would be considered a part of your possession limit.

Question 197:

I often see fishermen catching and releasing fall run Rainbow Trout in a river that has an extended season. If the limit is two trout, can these fishermen catch and release as many fish as they want? And for me (who is there to put food on the table once or twice a season) can I continue to catch and release trout after I have killed my two fish limit?

Asked November 20, 2003

Answer from the MNR

Once you have caught your limit of a species you may continue to attempt to catch more – all fish caught must re immediately released. You cannot ‘cull’ or trade any fish which you have already kept – either on your stringer or live well. In some parts of Ontario it is an offence to possess live fish or stringers, simply to stop this high grading from occurring.

See also fish questions 44, 46 & 126.

Question 196:

If a person was fishing for walleye and caught a muskie on it, that would be a fish caught on a game fish and would have to be released. There is an article in a local papper of a person getting a Muskie this way and he kept the fish and bragged that he caught the fish on a 21" walleye. Can this person be charged?

Asked November 20, 2003

Answer from the MNR

The intent of the regulation is for anglers not to purposely bait their tackle with any bait other than baitfish. Yes, this person could be charged.

Question 195:

How would I know if a fish is safe to eat if it's not mentioned in the Guide?

(I've been at scanlon creek north of bradford, and I've heard people fish in the Black River near Aurora, both of which aren't mentioned in the Guide).

Asked November 20, 2003

Answer from the MNR

The Ministry of the Environment test fish for contaminants and put out the guide. They do not test every species in every lake and that is likely what happened in the Black River. You can contact the Ministry of the Environment at http://www.ene.gov.on.ca/.

Question 194:

Since I live in the Ottawa region and that I fish both in Ontario and Quebec, I was wondering if the catch and possession limits in Ontario apply to fishes caught in Quebec with a valid Quebec fishing license. For example... suppose I caught my limit of walleye in Ontario, can I simply move to the Quebec side, fish my limit over there and bring them back home? If this is legal, can I do it in a single day? Can I carry my Ontario and Quebec catches together in my car? And if this is legal, how would a CO know where I got my fish?

Asked August 25, 2003

Answer from the MNR

I would strongly suggest that when you are finished fishing Ontario waters that you return your fish to your residence before venturing out to fish in Quebec. If a Conservation Officer (Quebec or Ontario) encountered you with the two limits, he would question you to determine where the fish originated. You would be required to provide proof that the two limits did, in fact, come from two provinces and were not all from one

Question 193:

What's behind it that a new limit is set for Catfish in the Ottawa River? There are too many of them.

Asked August 25, 2003

Answer from the MNR

Sorry, but you are asking the wrong person. The "Ask the Conservation Officer" site can deal only with questions about natural resources law, interpretation of legislation, and the MNR enforcement program. I can suggest that you may want to forward your question to the MNR's general information centre, known as the Natural Resources Information Centre. They can be reached at 1-800-667-1940 (English) or 1-800-667-1840 (French). You may also e-mail this site at mnr.nric@mnr.gov.on.ca.

You may also want to send your question to the Ask the Biologist site.

Question 192:

I live in Ottawa but work across the Ottawa River in Gatineau Quebec. We want to have a small company fishing derby. Our plan is to launch from a location on the Ontario side and fish in the Ottawa River.

My understanding is that the Ottawa River (region 12) is neutral waters between Ontario and Quebec, and any Quebec angler who holds a valid Quebec fishing license should not need an Ontario permit to fish. I have been told, however, by the launch owner in Ontario that all Quebec residents will need to purchase an Ontario fishing permit for that day.

Could you please confirm if the guest from Quebec truly need an Ontario fishing permit for the day even if they own a Quebec license. Is it the launch location which determines whether you are fishing in Ontario of Quebec?

Asked August 25, 2003

Answer from the MNR

You may fish throughout the Ottawa River (Division 12) and Lake Temiskaming (Division 18) and Lake St. Francis (Division 12A) with either an Ontario Resident or a Quebec Resident fishing licence. Fishing in all other Divisions (other than 12A - Lake St Francis) would require a Quebec resident to purchase an Ontario licence.

Notwithstanding the reciprocity of the licence, all of the other rules of the province in which you are fishing apply. I.e., season, limits, gear restriction, etc. depend upon which province you are actually angling in, not the province for which you have a licence. In other words if you are angling in Quebec waters, Quebec rules apply – even if you only have an Ontario licence. Conversely, if an angler from Quebec is angling in Ontario waters, the Ontario seasons, limits etc. all apply.

The location from which an angler launches their boat has no bearing upon what waters the angler is angling in. The border between Quebec waters and Ontario waters is defined by law and is well marked on any official map (such as a topographical map).

Question 191:

Hello, Could you please explain why the Bass season in most of Ontario is closed from mid-October thru mid-April (understand May and June)? But why can't angler fish for prespawning fish? Also could not having a "no harvest" approach work during this period?

On another note, can "stunting" of fish occur from fish not being properly harvested (over population)? Wouldn't slot limits have a more positive affect on producing quality fish rather than the broad "no targeting" enforcement approach?

Asked August 25, 2003

Answer from the MNR

You may also want to send your question to the Ask the Biologist site.

Question 190:

Can an angler in Ontario use a black light to help illuminate his line at night?

Asked August 25, 2003

Answer from the MNR

What you are describing would be OK. The intention of that law is to prevent people from using spotlights, flashlights and even lanterns over the edge of their boat in an attempt to attract fish.

Question 189:

I have a conservation fishing licence that expires in 2005. Is it possible to upgrade to the full sport fishing licence?

Asked August 25, 2003

Answer from the MNR

Yes it is possible for a fee.

Question 188:

The description in the fishing regs of the fish sanctuary on the Mississippi River at Innisville, on Highway #7, is vague and out of date, i.e. a new bridge has been built which may/may not be included in the description.

Please tell me the boundaries of this sanctuary. I live on the edge of this sanctuary and remember that there were, at one time, signs deliniating the boarders of the "No Fishing" zone. I attempt to inform people wanting to fish this area of the restrictions but don't have a definitive, easily understood set of guidelines to follow.

Please help by sending me an accurate, up-to-dade description of this Fish Sanctuary.

Asked August 25, 2003

Answer from the MNR

There is a fish sanctuary meaning you cannot fish at any time on the Mississippi River in Drummond Township, from 79.2m (260’) east to 248.0m (790’) west of Main Street.

There is a fish sanctuary which means fishing is closed from March 1 to the 1st Monday in June on the Mississippi River in Drummond Township, from 79.2m east of Main Street to Mississippi Lake.

If you have any further questions regarding this area feel free to contact the MNR district office in Kemptville.

Question 187:

I was at the Eglinton Avenue bridge (East of Mississauga Rd) and noticed a "No Fishing" sign posted by the river (with no mention of any exceptions). According to the current regulations, that particular section of river is open from April 26 to August 14 (page 20, 4th entry from the bottom). I don't want to get in trouble if I fish there so can you provide clarification as to which is law (the posted sign or the published regulations).

Asked August 25, 2003

Answer from the MNR

You can’t go wrong by following the regulations. However, per the question above, there are two parts to the equation. Part one is: is it open season for fishing for the species that you are targeting? Part two is: do you have access, pursuant to the Tresspass to Property Act to go onto property to fish.

Question 186:

Hi, if an angler has incidental catches of any species (out of season) & has a posed picture taken with the fish out of the water prior to being released, is it unethical, against the regulations etc, or perfectly fine, providing care was given to the fish?

Asked August 25, 2003

Answer from the MNR

This is very technically a violation because the fish is not immediately released to the water. Of course, the actions of the angler in their handling of the fish will determine whether a charge is warranted and would be laid by a Conservation Officer. Think of it this way. The speed limit on the 401 is 100km/hr. Very few drivers will be charged with driving 101km/hr, but given the right set of circumstances, there may be perfectly legitimate reasons why an officer might write a ticket for doing 101km/hr in a 100km/hr zone. The only way to be 100% sure that you will not be charged is to immediately return any incidentally caught fish to the water and to release it in a manner that causes the least harm to the fish.

Question 185:

I'm fairly new to fly fishing, and I know that the Credit River is one of Canada's best for Trout and Salmon. I fish it (responsibally) quite often through the open season, ALWAYS using the "Catch And Release" technique. Last summer (2002) I found an area that was posted with a sign "No Hunting No Fishing", just north of the Hwy# 24 bridge, and west of Hurontario St. (Hwy# 10) which lead me to believe that it is private property.

I have heard that a CO would, if they decided to do so, look into this for me... i.e. the property owner, and contact them to find out if it would be fine for me to fish this area. Maybe he\she would conditionally agree, but with certain rules and regulations of their own to be enforced. It looks like a beautiful piece of the Credit River, and deserves to be looked after.

So if it wouldn't be to much of a problem, I would greatly appreciate it if a CO could look into this for me please.

Asked August 25, 2003

Answer from the MNR

South of Highway 24 is open to the public. If you saw these signs this location is likely private property. It would be the angler’s responsibility to approach the landowner and seek permission. CO’s do not seek permission for the public.

Question 184:

On page 31 of the 2003 fish reg. sum. it states- Fishing prohibited for all fish species (except bait-fish) from Nov. 16- Apr.25 (Fri. before last Sat.) This is an exception to the regulations for division 6 (Kawarthas).

This could be interpreted to mean that ice fishing for bait-fish (Cisco) is allowed. Balsam lake is listed as having cisco. Could you elaborate about this exception, and it's proper Interpretation

Asked April 28, 2003

Answer from the MNR

Angling for cisco between Nov. 16 and the last Sat in April is illegal. This might take a little explaining and get a little technical but here goes.

Sections 25 and 26 of the Ontario Fisheries Regulations both deal with "close times". Section 25 deals with angling close times, and references Part 1 of Schedule 3. When you go through this schedule, all of the closures prohibit winter angling in the Kawartha Lakes (Lake Scugog is the only exception). Although cisco is not specifically mentioned in the headings, it falls under the last one on the list, "all other species". This closure is for the period mentioned. Section 26 deals with sportfishing by means other than angling close times. Harvesting of baitfish by traps and nets fall under this section. Schedule XI, Part 1, items 1 & 2 list the permissible means of harvesting bait fish in Division 6. This is by a bait fish trap or a bait fish dipnet. This is the only allowable method of fishing in the Kawarthas in the winter.

Question 183:

On page 72 of 2003 fish reg. sum. it states that non-residents camping on crown land must observe Conservation licence limits. Does this apply across Ontario, Provincial Parks, and staying in a ice hut hotel(there are big ice huts that one can rent and occupy for days at a time)?

Asked April 28, 2003

Answer from the MNR

The print on page 72 refers only to northwestern Ontario areas on page 73. If you are fishing in this area please refer to page 78 which describes limits for those lakes and border waters. So if a non-resident is camped on Crown Land in these areas special limits do apply. Northwestern Ontario encompasses units 20-24, 30, 31-34. This would not apply if you were in northwestern Ontario camping in a Provincial Park or renting accomodation of any sort from an outfitter. In all other areas this regulation does not apply.

Question 182:

I know there are two kinds of licences, sport and conservation. My question is: can one "target" muskie and/or sturgeon with a conservation licence?

Asked April 28, 2003

Answer from the MNR

You are correct. There are two types of licences, commonly referred to as “sport” and “conservation” licences. Generally, all of the sport fishing regulations apply equally to both licences except the catch and retain or possession limits. (see Q’s 44,46, & 126).

There is no limit, under either licence on the number of fish that an angler may catch and immediately release in one day provided that the season is open for that species. For example, many avid bass anglers will catch and release dozens of fish in one day and never retain or take a fish into their possession. Fish caught and immediately released are not considered part of one’s catch limit.

Therefore, as long as you immediately return any muskellunge, Atlantic salmon, sturgeon, or any other species for which you have reached a limit (even if the limit is zero) then you have not gone over your retain or possession limits. Note that the section which speaks to this situation in the regulation also indicates that you will return the fish to the water in the manner which causes the least amount of harm and that the fish must be returned even if it is dead or is very likely to die. Specifically, S. 13 of the Ontario Fishery regulations reads:

“…, every person who catches a fish of a species

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

by a method or with fishing gear the use of which 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 the least harm to that fish.”

You should also note that this is not the same as ‘closed season fishing’. You cannot catch and release during the closed season as it is an offence to even “attempt” to catch a fish during the closed season for that species. Charges are and have been successfully laid for a person who targets a species during the closed season, even if they are catch and release fishing or have not even caught a fish!

Question 181:

The regulations state-NOTE: Non-resident anglers cannot take bait-fish for peronal use by any means. Does this apply to angling for lake herring (cisco)? Cisco are targeted by ice fishers to be used for human consumption.

Asked April 28, 2003

Answer from the MNR

Cisco are also known as lake herring which are listed as a baitfish in Ontario. Yes this does apply for angling for lake herring. A non resident could not angle for cisco for personal consumption.

Question 180:

The following question was posted on the Ontario Fishing Net board during a conversation about the number of holes allowed while ice fishing: "If you can use two lines per angler....why can't you just put one hook on each end of a line and fish 4 holes? You are still under the limit for the number of hooks you can use on a line."

This got me thinking: Can I do as the above poster said, and drop each end of the line down a separate hole, and still have it considered to be a single line?

If I attached the middle of a length of fishing line to a reel and left the two ends dangling from the rod, would it still be considered a single line?

Can I attached three dropper lines to the main line and place each dropper line down a separate hole and sill be considered to be fishing a single line? If so, would the method that I used to attach the dropper lines to the main line make any difference?

If the dropper lines are considered separate lines, would I be able to get around this by running a single line down one hole and back up the same hole (with a lure attached to the bottom of the loop) and then on to another hole?

Asked April 28, 2003

Answer from the MNR

The intent of this forum is not to validate possible loopholes in the Ontario Fisheries Regulations. You are allowed 2 holes per licenced angler in Ontario with up to four hooks per line.

Question 179:

On a brief hike through the Credit Valley, I came across a couple of youths that were toting fishing gear on Mullet Creek just below where it intersects with Burnhamthorpe Rd. in Mississauga. I also noticed that they were intending to target the visible migratory Rainbow Trout, so I plainly asked them if Mullet Creek was indeed a year-round sanctuary or not. They told me it was OK because Mullet was a tributary to the Credit, and the Credit was open year-round from Dundas to 403, which I am familiar with.

I tried to locate any mention of Mullet Creek in the Recreational Fishing Regs for 2003 in the online PDF format, and could not see any mention of this Credit River tributary whatsoever, whether in the Extended Season section or the section outlining Sanctuaries.

Could you please clear this up for me as I would like to know whether these local kids are indeed fishing illegally or not.

Asked April 23, 2003

Answer from the MNR

The rainbow season where Mullet Creek meets Burnhamthorpe Road in Mississauga is only open April 26-September 30. The Credit River from Dundas to the south side of the 403 is open year round. The anglers you described should not be fishing there until the opener. We would like to get reports of such activity by giving the best description possible. Of course a licence plate number is the best information to pass along. You can either report it to the MNR in Aurora or call Crimestoppers at 1-800-222-8477.

Question 178:

I've checked the Regs but cannot locate Etobicoke Creek in the appropriate division (Map A). It is not even listed as a body of water in Map A.

Etobicoke Creek is found in Long Branch just west of Brown's Line. The park at Lake Ontario where the river runs through is named Mary Curtis.

Am I to assume if it is not listed in the Regs, any stretch of the creek is not open to fishing (for rainbow trout) until the opener (26th of April) or is it possible Etobicoke Creek is an alias for another name?

I've witnessed a few fishermen fishing just below the "falls" area of Etobicoke Creek with rainbows being taken. Would like to fish it but unclear if it's open.

Asked April 23, 2003

Answer from the MNR

The rainbow season in Etobicoke Creek is only open from April 26-September 30. It is in Division 4. The anglers you described should not have been fishing there until the opener. We would like to get reports of such activity by giving the best description possible. Of course a licence plate number is the best information to pass along. You can either report it to the MNR in Aurora or call Crimestoppers at 1-800-222-8477.

Question 177:

Is it legal to use cast nets to collect baitfish? If so, is there a size restriction? Are alewives considered baitfish and, if so, is there anywhere I can not use them (dead) for bait.

Asked February 9, 2003

Answer from the MNR

Cast nets aren't mentioned by name in the Ontario Fisheries Regulations. They are seines that are manipulated in a slightly different way (i.e. once thrown, they become a seine more or less). At present, they are legal for residents (one only) to collect baitfish as long as they fit the size restriction of no larger than 10m x 2m.

There are some areas where seines are illegal. Please check the 2003 Summary of Recreational Fishing for details on location. It is available online at http://www.mnr.gov.on.ca/MNR/fishing/gen.html

Alwife is not listed as baitfish, so it can only be used (as with yellow perch) in the Great Lakes, the St. Clair, Detroit, Niagara, St. Lawrence and St. Mary's rivers, Lake George, Lake St. Francis and Munuscong Lake.

Question 176:

I was out ice fishing on Simcoe this past Sunday.A conservation officer came by my sled and took note of the amount of fishing rods that I had in my possession (5).He seemed quite upset asking why I had so many.He told me to be careful and try not to bring so many because I may thing of using more than 2 at a time.WHY??? I explained to him that two were set up for minnow lines if I was going that route. One is a rigid tip, one was for deeper water and one was for lighter fishing. Why would it matter anyways. What difference would it make if I had 3 rods or 10 rods with me?

Asked February 9, 2003

Answer from the MNR

You are only allowed to actively angle with two rods on Lake Simcoe while ice fishing. This forum is not to comment on the comments made by Conservation Officers.

Question 175:

Where, on Adolphustown Reach, does the Bay of Quinte (one rod per angler) end and Lake Ontario (two rods per angler) begin??

Asked February 9, 2003

Answer from the MNR

If you are west of the Glenora Ferry, you can only use one line. If you are east of the Glenora Ferry you could use two lines. If you drew a straight line from one dock to the other, it should be quite clear.

Question 174:

I would like to know where the international boundary at the mouth of the river lies. I've been told that a line from the center of the mouth to the GREEN CAN (in L. Ontario) demarks this border. Others have said that the can is approx 200 yds inside the USA border. Quite important since I plan to fish the Niagara Bar extensively this season. I guess, to be on the safe side, a US fishing license would be the ticket.

Asked February 9, 2003

Answer from the MNR

My recommendation would be to use a navigational chart and to take the best bearing possible. The US coast Guard and the navigation light on the Canadian side are all good markers. The best however is your GPS and sea map. The can you describe is on the US side. If you are still unsure I would suggest you have both Canadian and US angling licences.

Question 173:

I was curious at the regulations for the end of a Lake, is the end of a lake at the first bridge? This makes it easier for anglers looking to fish a lake without a boat.

Asked November 28, 2002

Answer from the MNR

Please refer to Questions 112 and 158 below.

Question 172:

There was a little discussion on the CRAA board with regard to possession limits. Let say an angler with a Seasonal License bought 4 walleye from the store. He then went fishing a day later and caught 3 fish. Now by the Possession Limits, the max number of fish he can legally keep is 2. But how can CO's tell which fish is store bought and which is a recreational catch? Receipts are usually tossed out very quickly. And if a family buys fish and they already has a limit of fish at home (let say walleye), are they not allow to fish for walleye at all because their possession limit is filled?

Asked November 28, 2002

Answer from the MNR

You can purchase all the fish you want as long as it was caught and sold legally. If you were concerned I would keep the receipts from the store. CO's generally can't tell which fish are angler caught or store bought. I would question an angler returning from fishing transporting store bought fish without a receipt.

Question 171:

I am located in Sudbury, I keep on seeing this individual using 2 downrigger at the same time. Is this legal?

Asked July 23, 2002

Answer from the MNR

Generally in Ontario, anglers are only allowed one line while fishing in open water. There are come exceptions though in some parts of the Great Lakes. For example anglers are allowed two lines while fishing from a boat in the main basin of lake Huron. This does not include Georgian Bay or the North Channel. This was put in place earlier this year and the MNR is in the process of communicating this to the public.

I'm not sure what part of Sudbury you are referring to but likely he's angling with one extra line if alone. We would like to hear about it with specifics. We like to get descriptions of boats, registration numbers and exact locations and times of this activity. You can either report it to a Conservation Officer in Sudbury or Manitoulin Island or call Crimestoppers at 1-800-222-8477.

Question 170:

On a navigable river, i.e. Nottawasaga or such like, is it permmisable to walk on the river bank up to the high water mark, even though it is posted as No Trespassing?

Asked May 13, 2002

Answer from the MNR

This is a little tricky. If the river is navigable and the bed of the river or stream is Crown land, then you are not tresspassing if you are in the water. But there are some landowners that legally own the river bottom. If the river is non-navigable then the river bottom is private land and you would be tresspassing if there was appropriate signage as set out in the Tresspass to Property Act posted along the river.

I would stongly suggest you contact the landowner in question in order to avoid any problems.

Question 169:

The question was posed me about the legality of using a lantern for fishing for bullhead after sunset. After reading page 10 of the 2002 fishing regulations; it is illegal to use artificial lights to attract fish.... It is my understanding of this regulation, that you are not using the light to attract fish, just to sit on shore or in boat to manage your fishing rod. Can you please verify this for me and also give me the MNR's definition of artificial light

Asked May 13, 2002

Answer from the MNR

What you are describing would be OK. The intention of that law is to prevent people from using spotlights, flashlights and even lanterns over the edge of their boat in an attempt to attract fish. If you are simply using light to manage your rod that is fine.

Question 168:

I have a question about the sturgeon river regarding the open season for rainbow trout I have read the regulations and cannot decipher if the river is open from the lamprey barrier down to Georgian Bay at this time of year, if it is not, is this a new regulation this year?

Asked May 13, 2002

Answer from the MNR

Yes, the river is open to rainbow and browns from the lamprey barrier down to Georgian Bay at this time of the year. Of course you cannot fish within 25m of the barrier. There is an extended fall season for rainbow and browns. The normal open season is usually from the last Saturday in April until September 30. This has been extended to December 31 in the Sturgeon River and tributaries in Tay and Oro-Medonte Townships of Simcoe County including the mouth of the Sturgeon River at Georgian Bay.

Question 167:

Can you take roe from a dead fish in a sanctuary? I have seen loads of dead carcasses below the Streetsvile dam and they are loaded with eggs; they are dead: missing eyeballs and all. To me it would seem better to take from a dead one that did not make it as to go and kill a live one that might have an opportunity to actually spawn. If it is illegal please tell me what the offence would be.

Asked March 4, 2002

Answer from the MNR

Refer to question 29 under FAQ under 'fish'.

Question 166:

The other day my dad and I went to get him a fishing licence. After he got his they asked me how old I was. I told them that I was 16, and they said I need a licence, I thought I didn't need one till I was 18. While reading a post on a fishing site several people confirmed what I thought. So my question is at 16 do i need a licence, and if i don't what can I do with the one I got? Can it be transfered, or did i waste my money.

Asked March 4, 2002

Answer from the MNR

Residents of Canada who are under 18 and over 65, and are in possession of their birth certificate do not require a resident sportfishing licence. This is explained on page 1 of the 2002 Recreational Fisheries Regulations Summary. I just called that Canadian Tire and they will not be able to give you a refund. However you can visit the Government Information Centre at 900 Bay Street downtown. They will have a form you can fill out and mail for you.

Question 165:

I would like to sell some native Sunfish and Perches in an aquarium shop. Is this legal?

Asked March 4, 2002

Answer from the MNR

A person running a pet shop would need a Licence to Sell Fish in order to sell perch and sunfish. What you also need to consider is the legal source of the fish that would be sold. Angler caught fish generally cannot be bought or sold. The way the regulations currently exist it would be a bit more complicated but not impossible for the source of those fish to be a licenced commercial fisher and the pet shop's licence to sell the fish to the public would be a detailed receipt (described in the Fish Licensing Regulations). The source could also be cultured perch/sunfish via an aquaculture licence that covers those species, sold to the pet shop and accompanied by that same detailed receipt that becomes the licence to sell those fish for the pet shop owners. Lastly the source could be out of province but again documentation needs to be provided to generate the deemed licence to sell fish.

The key regardless of source is the pet shop has to have a Licence to Sell Fish that exist in Ontario waters (with the exception of koi and goldfish). Generally, we discourage the use of native stock in the pet trade because of concerns that these fish may eventually be illegally transplanted into our lakes and rivers.

The regulations concerning the buying and selling of fish and wildlife are more complex than can be easily covered off in this forum. You should talk to your local MNR office to get a thorough understanding of this topic.

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?

Asked February 20, 2002

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.

Question 163:

Suppose two people are setup with 4 ice fishing rigs or 4 downriggers/rods on a boat. I see a rod bend and go over to set the hook. I then pass it over to my friend who fights the fish and he proceeds to lands it. Now, if the decision is made to keep the fish, who's possession limit does this fish apply to? The one who set the hook or the one who fought and landed it?

Asked February 19, 2002

Answer from the MNR

It would be a reasonable interpretation that the person landing the fish (the person holding the rod) would be the one 'catching' the fish. If he kept it, thereby retaining the fish it would be included in his daily catch limit. If he gave it to his buddy it would still count towards his daily limit since by catching it he retained it. Party fishing is not allowed. You can't catch fish towards another angler's limit. Both people in your scenario would require angling licences.

Question 162:

I have recently become aware of persons selling native fish of the Sunfish family from the southern states. I'm not sure whether or not that is legal in the states, but I'm wondering if it is legal in Ontario? Could a person catch minnows, Perch, Sunfish, etc, and sell them (alive) to the public? If so, are there any permits required or exceptions as to the type of fish? What about fish (ex. Bass) from private ponds? This is probably a complicated topic, but I'd appreciate any information.

Asked February 19, 2002

Answer from the MNR

You're correct, it is a complicated topic. Unfortunately I am not aware of the legislation in the southern states. In Ontario it is illegal to sell angler-caught perch and sunfish as well as the usual game fish such as walleye, pike and bass etc. Commercial fishermen with the proper licences can fish for and sell certain species of fish.

However, you could buy and sell live perch lawfully obtained by a resident by angling in the waters of the St. Lawrence River, including Lake St. Francis, between the dam at the site of the Robert H. Saunders Generating Station and the interprovincial boundary between Ontario and Quebec, if the yellow perch is sold or bought in the United Counties of Stormont, Dundas and Glengarry.

It is illegal to sell angler-caught baitfish, crayfish, leeches, frogs or spawn. Only holders of commercial bait licences may sell these types of bait. Only resident anglers with a valid angling licence may capture their own baitfish for personal use, using a baitfish trap, dip-net or seine. You can't have more than 120 baitfish or leeches in your possession.

The holder of an aquaculture licence may culture, buy and sell those species of fish specified in his licence. An aquaculturalist also must ensure that these fish do not escape into the wild. A person may without a licence engage in aquaculture if the fish are cultured in aquariums. There is a list of 39 species eligible for culture in Ontario.

You would require an aquaculture licence to sell bass from a private pond specified in the aquaculture licence. No licence is necessary to buy these fish, however they cannot be transported alive unless a live transport licence has been acquired. These fish may only be legally stocked with a stocking permit issued by the MNR.

Question 161:

I was wondering, in the 2001 fishing regs. book there was a little blurb about the MNR trying to get authorization to use provincial offence forms and processes with regards to infractions under the Federal Fisheries Act Ontario Regulations. In my new 2002 book, there is no such mention. I was wondering if this was because the MNR had succeeded (in which case, Yea! no more swearing of every fisheries ticket) or had simply given up.

Asked February 19, 2002

Answer from the MNR

The planning process to use the Contraventions Act to streamline the Fisheries Ticket process is still underway. The plan to use Provincial Offence Notices for infractions under the Fisheries Act and the Ontario Fishery Regulations is the goal.

Question 160:

Aside from the issue of counting "culled" fish toward your daily limit, what is the legality of catching a bass on, say, Chemong Lake, and then culling/releasing it in Pigeon Lake, as would be commonly done during a bass tournament on Tri-Lakes? These three lakes are not divided by locks, so are they considered to be one body of water or three for the purposes of the ban on releasing fish into a different body of water from where it was caught?

Asked February 8, 2002

Answer from the MNR

The Ontario Fishery Regulations state that you cannot deposit or attempt to deposit live fish taken from one body or water into another body of water. All lakes in a watershed are interconnected.

HOWEVER

The statement you made regarding the Tri-Lakes is true but the decision was made for that specific area because of the types of lakes, water quality and fish species present. There is no blanket application for this province-wide. On a case by case basis, contingent upon there being no adverse effects on the fish populations in the lakes, it may be appropriate to consider a number of lakes as one "body of water".

Question 159:

I have been fishing in the Bowmanville Creek from Jackman road to Hwy 57 and I have noticed a lot of manmade dams. The purpose of these dams are to divert the steelhead, salmon to pools and not allow them access upstream unless they go through these pools. This may also make it easier to snag the fish as they have to go to the pools.

Are these man made dams legal? They seem to be kept up as there are no holes in them. They are made of rocks that are piled like a wall.

Asked September 13, 2001

Answer from the MNR

I am not familiar with the Bowmanville Creek or the structures which you are referring to. My suggestion is that you contact the Aurora district Office and discuss this concern with CO's from that office who may be able to make an inspection or be familiar with the structures that you are dealing with. In general, without a permit it is unlawful to construct any device (dam, weir, diversion) which either affects water flow [Lakes and Rivers Improvement Act] or has a harmful effect on fish habitat [Fisheries Act s.35].

Question 158:

My question is simple. Say a river is posted as a fishing sanctuary, and the lake remains open, can I still fish the mouth of the river. Let's take Beaverton river on simcoe as example, it is closed till June 30, but can I still fish outside of the river, where is the boundary?

Asked September 13, 2001

Answer from the MNR

Of course, everyone's question is simple, right? Where a river starts and a lake begins is sometimes difficult to define. As a matter of practice, I have always suggested that if you were sitting in a canoe or boat on a calm day and the current was still pushing you, then you can assume that you are still in the river and not the lake. That type of guideline may sometimes be difficult to determine, so many times there are local agreed upon boundaries. Often the boundaries are easily identifiable on the ground, i.e. "from the dock at the red cottage on the point to the large rock on the south shore" or something like that. Sometimes there is an identifiable degree of latitude or longitude which you can determine with your GPS units or see on a map. It is best with a very specific situation such as you have alluded to (Beaverton River) to contact the district office or your local CO to get advice as to what criteria you might use.

Question 157:

I often fish two different lakes for lake trout. One has no slot limit while the other has a 40-55cm slot limit. The problem is that I must travel through the slot limit lake on the way home from the lake with no slot limit. What would happen if I was questioned by a CO while in posession of a slot-sized fish that was legally caught on the no slot limit lake?

Asked May 12, 2001

Answer from the MNR

Having just completed a fishing trip with my son where we covered seven lakes in four days with three different slot sizes, I know exactly what you are asking.

The short answer is that the officer would have to believe, beyond a reasonable doubt, that you have taken the fish from the slot limit lake. This, of course, could be proven (or dis-proven) in court by means of DNA or other forensic testing. It might also include something as simple as telling the court that the fish was found in possession alive and well on a slot lake, which is a forty minute (obviously long enough to kill a fish) portage from the "no-slot" lake. Hard for a CO to believe that such a fish survived and was not actually taken on the slot limit lake.

This situation is not that different from that which CO's encounter every day as they talk to hunters or anglers who are travelling from their hunting or angling spots to their homes or cottages. Often they may have been in a management unit with different seasons or limits and are contacted in an area that has a different season/limit/harvest restrictions. In these situations, a few simple questions are often all that is necessary for an officer to determine that the fish or game are legally in possession. While this type of inquiring may appear to some to be questioning their honesty, the CO's are simply trying to protect resources for the honest angler and hunter by catching those that would try and abuse resource protection laws.

Question 156:

My fishing licence sticker peeled off my outdoors card, do I need to buy a new sticker or can I contact someone to send me a replacement and in the meantime can I still fish?

Asked April 17, 2001

Answer from the MNR

Yes, you need to buy a new fishing licence as these stickers cannot be traced back and NO, you definitely should not fish until this sticker has been replaced.

Question 155:

I visit Duffins Creek quite often thru-out the year and have noticed that alot of people continue to fish out of season above the CNR bridge In the new year before the trout season opens.

My question is how often is it patrolled by the ministry and why is nothing being done about the people that are obviously poaching.

Asked April 17, 2001

Answer from the MNR

Duffins Creek is one of numerous creeks in the Aurora District that contain rainbows and is an attractive spot for would-be illegal anglers.

Conservation Officers with the assistance of guardians will be patrolling these watersheds to detect illegal angling activity. I certainly encourage all anglers who have an interest in protecting their favourite river or stream to consider getting actively involved in a Stream-Watch or Fish & Wildlife Guardian program. This involvement has worked very well in a number of streams in the GTA area. (Unfortunately, this probably means that there is more pressure in the areas where there is not citizen participation)

You can find more about the Guardian program by visiting the MNR site at: http://www.mnr.gov.on.ca/MNR/fishing/guard.html

Conservation Officers require public support. We encourage anyone who may witness a violation at any of these streams or rivers to contact Crime Stoppers 1-800-222-TIPS or the Aurora District Office 905-713-7400

Question 154:

I'm not sure as to the boundaries for Year round fishing in Highland Creek in Scarborough. Is it South of Hwy 2 (Kingston Road) or south of the CNR tracks to the lake?

Asked April 17, 2001

Answer from the MNR

Highland Creek is located west of the Rouge River in Division 4 and does not have a year round open season or an extended season for Rainbows or Browns. Therefore all of Highland Creek would be closed for Rainbows and Browns from October 1 to the last Saturday in April.

Question 153:

I anticipate hundreds of illegal anglers again this yr before the last sat in april (29th) on bronte creek. what do plan on doing this yr.....you can't even get a parking spot some weekends....

Asked March 10, 2001

Answer from the MNR

Bronte Creek is one of numerous creeks in the Aurora District that contain rainbows and is an attractive spot for would-be illegal anglers. Conservation Officers with the assistance of guardians will be patrolling these watersheds to detect illegal angling activity. I certainly encourage all anglers who have an interest in protecting their favourite river or stream to consider getting actively involved in a Stream-Watch or Fish & Wildlife Guardian program. This involvement has worked very well in a number of streams in the GTA area. (Unfortunately, this probably means that there is more pressure in the areas where there is not citizen participation) You can find more about the Guardian program by visiting the MNR site at: http://www.mnr.gov.on.ca/MNR/fishing/guard.html

Question 152:

Can I use a cast net and a dip net (like a smelt net)to catch alewife in Lake Ontario for use as bait? If legal, how big can a cast net be? Can I do it at night or day only? Can I use the alewife for catfish and sturgeon bait in Great Lakes tirbutaries such as the Niagara and Grand Rivers?

Asked March 10, 2001

Answer from the MNR

I will try to answer your question by breaking your question up into bite size chunks.

The first question is the definition of baitfish. If you looking in the Summary of Fishing Regulations 2001 p.8, you will find a list of species which are designated as baitfish. All of these species may be captured, as indicated, by means of a bait trap, dip net or seine net. (Note size restrictions and marking requirements). You are also limited in your possession limits (120 baitfish).

You will note that alewives are not listed as a baitfish species, so they cannot be captured using a net under these provisions.

Cast nets cannot be used by sports fisherman for any species

The only places where live alewife and yellow perch may be used for bait (in addition to the baitfish) are:

WATERS IN WHICH LIVE BAIT-FISH, ALEWIFE AND LIVE YELLOW
PERCH MAY BE USED AS BAIT

1. Lake Superior
2. Lake Huron, including North Channel and Georgian Bay
3. Lake Erie
4. Lake Ontario
5. Lake St. Clair
6. St. Lawrence River, including Lake St. Francis and Lake St. Lawrence
7. St. Marys River
8. Lake George
9. Munuscong Lake
10. St. Clair River
11. Detroit River
12. Niagara River

The only sources for these live alewife and perch are angler caught or from a dealer in commercial fish who got the fish from a commercial fisherman licenced for alewife.

BUT…. Dead alewife can be used anywhere (as any dead fish) except:
· Areas where only use artificial lures / flies may be used
· Areas in Lake of the Woods where fish parts are not permitted to be used as bait

Dead alewife or Gizzard Shad may not be used as bait in Big Rideau, Charleston, or Red Horse Lakes in Div 10.

Question 151:

I have found the 2001 regs to be somewhat confusing. They state that the area west of Big Sound has a limit of 1 Lake Trout. In past years the area from "Lighthose Point" to Nias Islands has been a no Lake Trout area. Has this changed for 2001? Can I now fish in the Killbear Channel for Lake Trout.

Asked March 10, 2001

Answer from the MNR

You will note that the new regulation which you have referred to (highlighted in red text in the 2001 Summary of Fishing Regulations) also says that this area exclude areas which are covered under separate regulations. This means that the areas listed under both the Big Sound and the Georgian Bay listings of the exceptions still apply. The areas where this new regulation applies is west of the Big Sound. The area from Light House Point to Nias Islands is still closed for Lake Trout - no change for 2001.

This area has a very complex ecosystem and consequently has quite an involved schedule of regulations. You would be wise to contact the district office in Parry Sound and have them mail, fax, or e-mail you a copy of a map which they have produced which better displays these regulated areas. Please see the map for more details.

Question 150:

Is it legal to buy frozen smelt in the grocery store and cut it up and use it for chum in Lake Simcoe?

Asked March 10, 2001

Answer from the MNR

Yes, this is legal. However, you may be into the realm of wastage if you were to do the same thing with your own angler-caught fish.

Question 149:

I have been fishing Lake Simcoe recently, for both Lake Trout and Whitefish. We have been doing well for both species in the same location, using the same baits. When we have two Whitefish and still wish to coninue on for trout, what do we do if we hook another Whitefish. We are fishing in 65' of water or more, so I am concerned about the survival of the fish upon release. Some of the fish belch the air out on the way up, which can be seen by the numerous air bubbles they release during the fight. I know bass anglers pierce the air bladder with a hypodermic needle when the fish is to be released into deep water, and apparently they are successful. I suppose my question can be applied to perch anglers who catch perch from deep water, which get the bends as well. What are we as responsible, law abiding anglers to do?

Asked February 20, 2001

Answer from the MNR

The answer, from a legal perspective is that the fish must be returned to the water and handled in a manner, when doing so, which causes the least amount of harm. Even if the fish were dead or you know that it will ultimately die, it must returned to the water. From a science perspective, I cannot answer the question whether the use of hypodermic needle is appropriate or not. From an ethical perspective (i.e., "what are responsible anglers to do?") that is not something we can regulate. Certainly there are choices - quit fishing, move to another area, change baits, etc. but those are individual decisions that all anglers need to make and be able to live with.

Question 148:

Hello there, I fish in the niagara region and heard talks about fines being handed out for killing a mudpuppy. Are these rumours true and if so what are we to do if we caught one just release it. And does the same go for the gobies.

Asked February 20, 2001

Answer from the MNR

Mud Puppy, also known as a waterdog, common name for a group of aquatic salamanders, are named for their aquatic habitat and the erroneous belief that they bark like a dog. They have three pairs of bushy external gills, by which they breathe underwater, and a pair of lungs that they do not use; they have no eyelids. They grow to about 12 to 43 cm (about 5 to 12 in). Mud Puppy's are not listed as a Specially Protected Amphibian under the FWCA. My suggestion is that if you catch one of these animals, that you simply release it. There is no provision or licence that would allow you take or kill a mud puppy and besides, why would you want to?

Goby's are an exotic fish that have been released into the Great lakes ecosystem, likely as the result of a ballast water discharge. They pose a serious threat to our inland lakes and river systems. These fish, or any other exotic species, should not be released and you should absolutely never use these fish as bait in inland waters. You can see more about these and other invading species at: http://www.mnr.gov.on.ca/fishing/threat.html It is unlawful to transport these species alive.

Question 147:

I was just trying to find out if there was a licensce need to guide for fish in Ontario.

Asked February 20, 2001

Answer from the MNR

You do not need the licence to act as a guide for angling anywhere in Ontario. Many guides, however, voluntarily obtain a Guide's licence. This licence is available through your local MNR office for a fee of $7.25 + tax. The only places where a guides licence is required under the Fish and Wildlife Conservation Act:

When guiding non-resident hunters for big game in the territorial district of Rainy River

When guiding Migratory Bird Hunters on Lake St. Clair

When providing non-resident black bear hunting services, there is a specific licence to do so.

Question 146:

If a fish is legally hooked in an area of a river that is open season for that fish, but the fish then swims downstream into an area that is closed season for that fish, am I able to follow the fish downstream and continue to play, land and release it?

Asked February 20, 2001

Answer from the MNR

Absolutely not. The law says that you cannot fish in a sanctuary and what you are describing to me sounds like fishing in my book. It does not say that you can fish in a sanctuary as long as you hook the fish outside a sanctuary. Why is it that we feel we need to stand on the exact edge of a sanctuary or a posted no trespassing area to fish and hunt and then want exemption from the regulations when our wounded animal or hooked fish goes into a sanctuary or closed area? Wouldn't it make more sense legally, ethically and for our image as sports-persons, to allow ourselves a margin or buffer around these areas?

Question 145:

Many of the boundaries on various Lake Ontario tribs specify that the open section of water is from the north or south side of a specific bridge (CNR/CPR train, Dundas St. QEW, Hwy 403). With the severely limited angling opportunities in Ontario for migratory salmonids in particular, considering that in neighbouring New York State you can legally fish ALL GREAT LAKES TRIBUTARIES 365 days a year upstream to the 1st impassable barrier to fish, why is the MNR so anal about whether or not someone can actually fishes in the hole that is usually under most bridges?

Come on guys, cut us some slack, throw us a bone. What's the big deal? Are you afraid somebody might actually catch a fish?

Asked January 10, 2001

Answer from the MNR

Every jurisdiction in North America manages their resources with various schemes that they feel are appropriate to their circumstances. In other words, we are looking at achieving a balance between the amount of angling, hunting, or trapping opportunities and the allowable harvest. This is achieved by controlling a combination of seasons, limits, equipment, licence fees, bait restrictions, time of day restrictions, sanctuaries, etc, etc. How to get there will vary with the agency - for example, Quebec allows anglers to use five lines when ice fishing to our (generally) two lines. On the other hand, you cannot use live bait in Quebec unless it has come from the waters you are fishing. In some states, the deer limit is one per day. You cannot simply "cherry-pick" the laws which one agency has and suggest that we need to be doing the same thing. Individual laws or regulations are all a part of a management package and do not stand alone.

That being said, if you feel that there are legitimate places where we can expand angling opportunities, you need to work with your district biologists and staff to see if the legislation can be enacted.

Question 144:

The new Ontario 2001 Fishing Regulations state at the top of page 5:
"Transfer of Live Fish or Spawn
No live fish or spawn may be transferred from one body of water to another without the authorization of the Ministry of Natural Resources."

- http://www.mnr.gov.on.ca/MNR/pubs/fr2001_front.pdf
My interpretation of this general regulation is that unless the spawn (aka CHUM) is from the same body of water as it is being transferred into (i.e. CHUMMED) & can be proven to be from the same body of water if asked by a CO, then it is illegal to CHUM with spawn (i.e. any fish eggs).

Can it be that MNR has finally, at long last, put a stop to one of the most unethical, unsporting "fishing" techniques that has proliferated in recent years to become almost common practice. CHUMMING is the primary cause of the rape & slaughter of 1000's of female chinook salmon annually that disgraces this fine & honourable sport of "fishing" & adds fuel to the fire of PETA protests.

Asked January 10, 2001

Answer from the MNR

You are right. If we are talking live spawn, it must come from the same waters; however, the onus of proof would rest with a Conservation Officer. That is, an officer would have to prove that an offence has taken place. Normally the onus is not on an accused person to prove that they did not do something. If the spawn is not live, there is no offence. There may be a difference between the fishing technique of chumming with introduction of a species into a body of water.

That being said, your line of reasoning seems to suggest that you see that this practice is an ethical issue, which it probably mostly is. That being the case, there is an argument that ethics need to be "self-policed" and we all know that it is very difficult to legislate ethics. The point to consider is that perhaps this issue is something that the greater fishing community needs to self-monitor and to make it socially unacceptable should they deem it to be unethical. Kind of like shooting ducks on the water - and many of the "fair chase" elements of hunting - very difficult to enforce, but more effectively controlled by peer pressure.

Question 143:

Could you please tell me why the american charter boats can come over to our side of the niagara and fish 20' off shore while we stand there holding are rods waiting for them to driftby? when you know every boat has 3 to 4 people and i doubt if they all have legal canadian fishing licenses. One thing i do know for sure if we go to their side of the river that you will be checked and fined if you don't have a american licence. please don't reply and say you do check because you don't. You have put your boats away for winter and i fish every week end all winter and have never seen m.n.r there or never been checked. We have rules so why not enforce them and make some money off the poachers.

Asked January 10, 2001

Answer from the MNR

Conservation Officers check over 500,000 resource users every year, but the most common response we hear in the field is, "This is the first time I have been checked in X years". Of course, just because you did not see an officer does not mean there was not one there or that you have not been "checked".

The lower Niagara River is very heavily fished, as you know, and this area continues to have conflict between those from shore and others from boats. This is mainly due to staging areas where the fish are located. Conservation Officers conduct patrols in this particular area in conjunction with OPP and Coast Guard. Numerous charges are laid in this area for fishing without licences and other infractions. However, we can't be everywhere all of the time. Any specific help you can provide would be appreciated.

If you have information that suggests that the boats in question are fishing illegally, I would suggest that you contact your local conservation officer, district office, or contact Crime Stoppers. You did not say anything in your note which suggests why you think these people do not have a licence.

Question 142:

Why is it that I have never seen any enforcement of any fishing regulations on the Rouge River? If you go down to the Twyn Rivers area in Scarborough or the Steeles Ave. and Ninth Line area on the Markham/Scarborough border just about any day in April and you will find people quite brazenly fishing for trout. When told that trout season is closed, they immediately say they are just fishing for suckers-with 10' rods, floats and nice fresh roe! Why isn't the river closed to all fishing at this time? I can't see how difficult it would be to post signs stating when fishing is prohibited.

Asked January 10, 2001

Answer from the MNR

This is a dilemma which fisheries managers face in a lot of cases. That is, are we being fair to anglers by closing down all seasons, and removing opportunities for legitimate anglers to catch coarse fish simply because others are abusing this privilege? On the other hand, can we satisfy the courts (sometimes we have had success, other times not) that a person was targeting a fish for which the season is closed, in which case they may be charged for "attempting to take during the closed season".

Question 141:

I reside near the mid Notty and fish it very often for trout & salmon. I'm well aware that it open year round from the confluance of the Boyne R. to Georgian Bay that-part is clear, but whats not clear are the new regulations regarding waters futher upstream. the 2000 regs state the following: Southwestern Ontario/map A/division 4 Exceptions to the Genaral Regs/pg.26

(new) Nottawasaga River and tributaries UPSTREAM from county road #50
-Salmon (all species) open from Apr. 29 (last Sat.)-Sept 30

(old) Nottawasaga River Essa twp.; from hwy #89 above Nicolston dam downstream to the near confluence of the Boyne River.
-Fish Sanctuary no fishing from jan 1-may 12 (fri before last sat) & Sept. 12 to dec 31

Do you see the gap(s)?

My question is this:
The section of the Nott between Hwy #89 & Hwy #50 was completly left out of the regs, as far as I could see. Whats the season there? Also it only states a Salmon season above hwy #50 & Pine R., what about trout? unless they are included as "all species".

I've asked these questions before to Other MNR personal and got the same answers over & over. I hope this Issue can be clarified once and for all for Me, my friends and other fisherman

Asked January 10, 2001

Answer from the MNR

I'm not sure why it happened that way but you are correct. The section between #89 and #50 is "different" with the season and limits as outlined in the summary.

Question 140:

Are there any patrol vessel capable of patrols off shore or past the summer months at present working on Lake Huron. If so where are they located and who runs them?

Asked November 10, 2000

Answer from the MNR

Yes, the Lake Huron Management Team and Lake Officers have vessels located at various points around the lake which are capable of extended patrols. However, I doubt if this answers your question - what are you getting at?

Question 139:

Fishing 2 lines in Lake Ontario: I believe this regulation was put in place largely for downrigging applications but I am wondering if it applies the same for flatlining, planerboarding, drifting and/or casting. For instance would one be following the law if he/she were trolling one line and casting another to cover shoreline structure or suspending fish? Also, is this regulation species specific in any way or was it designed more for the particular body of water?

Asked November 10, 2000

Answer from the MNR

The regulation is neither equipment nor species specific. That is, you may angle with two lines, whether they be down-rigged, trolled, jigged, planer-boarded, etc., or a combination of methods. You may also do this for any one or more species. The only restriction where this regulation applies is that the angling must take place from a boat. The provision for the second line does not apply if you are angling from a pier or shore. This provision for angling with two lines in open water only applies to anglers who are fishing from a boat in: "…the waters of Lake Erie, except in Rondeau Bay and the Inner Bay of Long Point Bay.
AND
A person who is angling from a boat may use two lines in the open waters of Lake Ontario in Divisions 2 and 8, except those waters known as the Bay of Quinte lying west of the Glenora Ferry to the western entrance of the Murray Canal and also excluding Presqu'île Bay, Wellers Bay, East Lake, West Lake, Frenchman's Bay, Hamilton Harbour and all tributaries of Lake Ontario."

Question 138:

I am confused over what is open after Oct 1.Can I fish for these species in 16 mile creek in Oakville.If so, how far up river and for how long.My understanding is that most tribs of lake ontario have an extended season, but I want to besure.Thanks

Asked October 20, 2000

Answer from the MNR

Sixteen Mile creek(Oakville Creek)is located in Division 4. In general, the seasons which apply for this division (as laid out on p.21-22 of the fishing summary) apply to this waterbody. The exceptions to this are:

a) there is a year round open season for rainbow trout and brown trout in the between Hwy 2 and Lake Ontario.
b) There is a year round open season for Atlantic Salmon (min. 24.8 in) downstream of the QEW and a year round closed season upstream from that point.

Question 137:

My question is Concerning Rainbow/Pacific Salmon fishing in the Regional Municipality of Durham. I'm a little confused about the open seasons in respect to the reg. summary 2000. The fall extended season is open for rainbows and browns till Dec. 31 south of Hwy.2 So after Dec.31 the new limits are to the C.N.R. bridge. But in Northumberland County the Ganaraska River doesn't apply to this reg. So where is the C.P.R bridge in Port Hope for future reference and is it true you must be 200m downstream of it??

Asked September 29, 2000

Answer from the MNR

It is correct that the streams in Division 6 in Durham Region and Northumberland Counties are open for fishing for Rainbow and Brown Trout and Pacific Salmon up to #2 Highway until December 31. The exception to this rule (beginning last year) is the Ganaraska River. The Ganaraska River in Port Hope may only be fished up to the south side of the CPR railway bridge until December 31. All areas upstream of these locations are closed on October 1. You can fish up to the south side of the railway bridge. There is no 200 yard rule. That said you may not stand at the south side of the bridge and cast up under or past the south side of the bridge as where you are casting is where you are fishing. Not where you are standing. The CPR bridge is the one furthest north of Lake Ontario in the Town of Port Hope.

Beginning January 1, in the Ganaraska River all fishing is prohibited north of the CNR bridge in Durham Region Division 6. Therefore, as of January 1 all anglers must move south about 200 yards from the south side of the CPR bridge to the south side of the CNR bridge, in the Ganaraska River.

In Durham Region all streams are open year round south of the CNR.

In Northumberland County all streams are closed south of the CNR. The exceptions to this are the Ganaraska River and Gages Creek in the Town of Port Hope and Cobourg Brook in the Town of Cobourg. Only these three streams can be fished year round south of the CNR. All other streams are closed right to Lake Ontario in Northumberland until the opening of trout the last Saturday in April.

Question 136:

In question number 40 of the FAQ, you said, "one of our most valuable tools in catching these thieves is YOU. I say thieves because anyone who takes any resource illegally is literally stealing fish and game and the opportunity to enjoy them from legal hunters and anglers."

I agree wholeheartedly. However, I hear from both anglers and hunters that reports of poaching are ignored. One example would be of wanton waste and snagging in the Credit River or Bronte Creek at this time of year (August-October).

Since all complaints by law enforcement are supposed to be logged, can you report on what percentages of reports receive some kind of action, as well as break down the percentages by the nature of the action? For instance, I imagine "File the Complaint" would not be perceived as a desired response if there were no investigation or other follow-up.

Ideally, it would be interesting to know what percentage of citizen complaints result in a charge being laid.

Asked September 15, 2000

Answer from the MNR

You are right, that would be a very interesting statistic but, frankly, we do not have that number. On the other hand, I can guarantee you, as I enter my twenty-first year in this profession, that the percentage of charges which officers lay which have been as a direct or indirect result of public input and cooperation is easily the majority.

The Enforcement Branch has made a commitment to senior managers in the MNR that we provide 100 % response to all complaints received from the public. A complaint response rate will consider the number of complaints received and how many of those complaints were actioned by Enforcement staff (whether verbally, by personal visit, or by investigation.) Often times a complaint may be followed up or investigated, but not in a high profile "lights and sirens" approach. Also, while an officer may not be able to immediately respond to information received, that information may be valuable intelligence that can be used for planning future patrols or enforcement efforts.

That being said it is a huge task for the limited number of officers who work in the GTA to police over 4 million people. It's not that the officers haven't heard of what is going on - it is simply that they are stretched to the max already. In this area, we need more than public complaints - we need public help and involvement beyond simply calling in the complaint.

If the proof is in the pudding, consider the success story of the Grand River, which also had been a haven for snaggers and other violators. Since the inception of the Fish and Wildlife Guardian program (and its predecessor, the Grand River Watch program) snagging related charges have dropped from nearly one hundred annually to less than a handful. How did this happen? A dedicated group of concerned anglers decided to put something back into their sport. Could this happen on the Credit and the Bronte? You tell me.

Question 135:

With the limited manpower resourse available in the field, what is the intention of the MNR respecting tournament anglers, who continue to cull their catch? Will the MNR be visible at these tournaments educating the fisherpersons, enforcing this regulation?

Asked September 15, 2000

Answer from the MNR

There is no specific provincial initiative to target tournament anglers who may cull their catches. This is not a new regulation and should not require a specific educational effort. MNR enforcement priorities are determined by individual districts as a part of their compliance planning process. If you feel that this practice is unacceptable in your district, you need to approach the local office. Offer your thoughts to the enforcement staff, who will consider your input in developing their district compliance plans.

Question 134:

Re: Night Fishing. I would like to know if the chemical light(small stick with fluorescent materials in it)is ok to use in Canada. I used to use it in Michigan, but I am not sure if it is legal here.

Asked September 15, 2000

Answer from the MNR

The device that you are referring to is deemed legal in Ontario. I cannot speak for the rest of Canada.

Question 133:

There have been many discussions and controversy about the method of fishing called 'Lining' used for salmon specifically. To anyone not familiar with this method of angling, it is a way of setting up your rig in order for the salmon to enter your line with its mouth and as a result the hook getting snagged into the fish's mouth. The rig consist of one to two small hooks placed up the line two feet apart from each other, with a small sinker placed at the end of the line. All hooks are baited. Further more the rig does meet with the regulations, as this specific tackle is not snagging equipment.

My main question is this legal? As I reviewed the regulations it states on page 7 that: It is illegal to catch or kill fish by impaling or snagging it with a hook through any part of the body other then the mouth. What confuse me the most ares the last words in this sentence 'other then the mouth'. Is this means that snagging fish is legal, as long you snag fish in the mouth?

The reason why I brought up 'lining' is because almost 70% of anglers who fish on bottom at piers or rivers do use this method. But unfortunately most don't even know that the line fish.

It seems to me that when you get a fish to swallow a baited hook and then you capture that fish by setting the hook in its mouth, you are not snagging that fish by the mouth, you are fishing. Is there something here that I am missing?

Asked September 15, 2000

Answer from the MNR

You have evaluated the regulations properly. One could argue that setting the hook in the fishes mouth is an attempt to snag or "catch by prompt action" (Concise Oxford Dictionary). Therefore we define a snagger in the Ontario Fishery Regulations as …

"an instrument that is:

made of a rigid or semi-rigid material with one or more hooks attached in such a manner that each is immovable and inflexible, and,

designed for the purpose of hooking or piercing a fish in a part of the body other than the mouth"

Both must be in place to qualify as a snagger. A hook on a line is not a snagger. However, using a hook "in such a manner as to pierce a fish in a part of the body other than the mouth" is an unlawful means of fishing. If a person does hook a fish by a part other than the mouth, they must release it immediately.

Lining by your definition therefore is perfectly legal.

Question 132:

I am of Algonquin descent and have a Algonquin Bonnechere Community card, and would like to know the legal right I have to hunt and fish, I am hearing different issues as to my rights to hunt and fish in Algonquin territory and would like this clarified.

Asked September 15, 2000

Answer from the MNR

Please have a look at question 61 in the "Fish" questions. As First Nation's rights are a very complex issue, I can only suggest that you may wish to discuss your intentions with the District Enforcement Supervisor in the area that you are planning on hunting. There are simply too many nuances to these issues that cannot be addressed in a blanket response to a general question. Sorry.

Question 131:

I was just wondering what are the boundries to Erindale? Some people say that it's extended north to Elington, others say that it's extended south to 403/QEW. Which one is right, if any?

Asked August 22, 2000

Answer from the MNR

The new open season regulations for rainbow and brown trout on this part of the Credit River are: From the north side of Dundas St bridge(Hwy 5)to the south side of Hwy 403.

Question 130:

Is there any chance that a lower limit of rainbows and browns can be put into place for the upper niagara river? There are quite a few wild fish but the thing is, the people that do know they're here are slaughtering them. No one patrols this section and I've seen many people take more than their limit. It just seems each year, less and less are caught, I think the mnr should change the reg's just like they did for the walleye. 5 trout per day is way too much when you've got 10 guys taking a limit home each day.

Asked August 22, 2000

Answer from the MNR

I have passed your message on to Vineland District of the MNR which patrols and manages that section of the Niagara River.

Question 129:

When are the catch and release rules going to be inforced on the Credit? When all the brook trout are gone? If you walk the river you will find dozens of styrofoam bait containers, people are not carrying their lunch in these! Why are we letting this incredible fishery be destroyed? I have seen a marked decline in just this season in large fish due to the bait fishers in the catch and relase area. The abuse of this river is a crime. Get a C.O. out there some weekend evening, think of the revenue from fines!

Asked August 22, 2000

Answer from the MNR

Thank you for the 'heads-up' on the situation you have encountered this year along the Forks of the Credit Provincial Park. CO's from Aurora District have patrolled the area, however as you are aware, it is a lot easier to find the bait containers than it is to actually catch the users of the live bait in the act. I have passed the message on to our CO's however and we will try and step up our patrol there. In the mean time ... For those who don't know, live or organic bait is prohibited along that special section of the Credit River. Other special regulations which are in place from the Provincial Park gate and Hwy 24 in Caledon Twp., include: Artificial lures only with barbless hooks. Catch and possession limit of five salmon and trout only in one day, but not more than one can be brook or brown trout. Minimum size for these two trout is 50 cm or 19.7 inches. Finally trout season in most of Divisio 4, including the Forks of the Credit, closes on Sept 30.

Question 128:

I seem to be getting a bit confused about the open season on Bronte Creek.The answer on question 98 gives me the impresion that fishing for browns and rainbows between Rebecca st and Hwy.5 is closed all year.The regulation state that that area is open from the last Sat. in Apr. to Dec. 31 for browns and rainbows.(extended season)Was there a change or are you refering to all year angling?

Asked August 22, 2000

Answer from the MNR

The year round open season on Bronte Creek in Oakville extends from Hwy 2 south to Lake Ontario.The extended fall season for rainbows and browns on Bronte in Oakville lasts until Dec. 31 and is between Hwy 5 and the unopened road allowance at Rebecca Street. From Jan. 1st to the last Saturday in April the trout season there will indeed be closed.

Question 127:

Can a friend transport my limit of fish, beside his own, when he has my outdoors card in his posession?

Asked August 8, 2000

Answer from the MNR

It is acceptable to transport another person's fish if they are in a container which is clearly marked on the outside with your name, address, etc., as well as the contents, the origin of the shipment and the destination. These fish still remain a part of your possession limit. However, he need not and should not possess your outdoors card.

Question 126:

Previous questions on stringer-sorting fish, and on catching fish in one lake then culling/releasing them in another when "locking through" in a tournament have skirted this, but I need a definitive answer. What precisely is the law pertaining to culling fish in tournaments?

If I'm competing in a bass tournament and I put 10 bass in my live well over the course of the day, but never at any one time have more than six in my possession (culling them as I go) am I breaking the law?

As I read it on here, I would indeed be over my limit and in violation of the law. Given the number of anglers who do this each summer weekend, in tournaments across Ontario, it needs a clear answer.

Asked June 28/00

Answer from the MNR

Please have a look at my reply to question s 44 and 46.
First, there are no laws at this time that deals with tournaments as separate entities - in other words, the same rules which apply to recreational anglers apply to tournament anglers.

THEREFORE, once you catch a fish and put it in your live well, you have "caught and retained" that fish. You may only catch and retain six bass in one day. You cannot "un-retain" a fish! Once you have taken that fish into your retention it becomes a part of your daily catch and retain limit. You can give up your possession of that fish by putting it back in the water, but you still did catch and retain that fish.

You may also only possess six bass in one day. So, although you have remained in compliance with regards to possession limits, you have exceeded your catch and retain limit. The situation that you describe violates the Ontario Fisheries Regulations, Section 24:

24. (1) Subject to subsections (2) to (4), no person other than a person engaged in commercial fishing shall catch and retain in any day or at any time possess

As a matter of interest, I have a newspaper article in my office that makes reference to a study conducted on bass in Texas. The study suggest that culled fish (kept in a live well until a bigger fish was caught to replace it) mortality was more than TEN time greater than fish that were treated as catch and release (released as quickly as possible). This is part of the reason why we are seeing prohibitions, on some of our lakes on even possessing fish stringers, live holding wells, or, in some cases, live fish!

Question 125:

Regarding the collection of trout/salmon roe for personal use as bait. Is it legal to partially "strip" a female salmon or trout of roe then return the fish to the river, providing the fish has been caught legally? It seems that this activity would fall under molesting or harrassing the fish but the alternative, killing the fish for the eggs, seems even worse.

Asked June 28/00

Answer from the MNR

There is nothing in the Fisheries Act or the Ontario Fishery Regulations which prohibits this particular activity. Personally, if I was taken out of my natural elements and stripped of my eggs, chances are I would consider myself molested!! On the other hand, there is no provision in the law with regard to molesting or harassing fish. However, you should be aware that chances are that such a fish, after the handling is likely going to die anyway.

That being said, eggs, by definition, are fish. While we have never limited the number of roe sacs which one may possess from legally taken fish, when you handle the fish as you have indicated that fish is deemed to be 'captured and retained'. Therefore each fish that you perform this activity upon would be considered part of your daily limit.

Question 124:

What should a person do if they were to hook a walleye that would definately not survive if released due to the way is was hooked? Is it up to a C.O.'s discretion or must it still be released? Also, once a person has caught their limit of walleye (be it in a boat with other anglers who haven't yet caught their limit or alone), can he still fish for others species of fish in that same area and release any walleye that are caught? Can he give any additional walleye to others in the boat as part of their catch?

Asked June 28/00

Answer from the MNR

I am assuming from the context of your question that the walleye that you were referring to was in some way illegal. Otherwise, its butter and flour time! The answer, if the fish is illegal (out of season, under or over size, over limit, illegal gear, etc.) is that the fish must be immediately returned to the water. By regulation, this must be done in a manner which causes the least amount of harm to the fish. Even if the fish were dead, it must be returned.

Regarding your second question, you may continue to fish for other species of fish and if it so happens, and you incidentally catch more walleye they must be returned to the water immediately, as above. I would suggest that you should be using different equipment and lures than that which you used to catch your limit and that which your buddies are using to attempt to take walleye. This would demonstrate to an officer that you are indeed angling for another species and not attempting to catch more walleye for the rest of your party or high-grade your catch.

You absolutely cannot give your over limit fish to others in the boat as a part of their catch. There are no provisions for "party fishing".

Question 123:

I purchased a non resident seasonal conservation fishing license this past febuary while at the fishing show. At the time I was Living in the US. I have since moved back to Ontario. Can I change my license to a resident one If I notify the MNR, and Is there a charge for this.

Asked June 28/00

Answer from the MNR

You did not indicate when you have moved back to Ontario. You will continue to be a non-resident for six months. Assuming that the move took place May-June; you would not become an Ontario resident until Nov-Dec; at which time the difference could be pro-rated and you could apply for a refund of the difference. Chances are, at that point the amount would be less than the price of one Canadian Wiggler.

Question 122:

Just wondering if you can fill me in on the regulations regarding to bowhunting or bowfishing for carp. Is it considered hunting or fishing and which kind of licence do you need?? Also, can you use a electric motor on a boat when hunting/fishing carp??

Asked June 28/00

Answer from the MNR

If you look at the Year Summary of Fishing Regulations, p.11 the "Restrictions on Equipment" section suggests that using a bow to capture Carp was considered hunting. The restriction on powerboats and sunrise/sunset comes from the Fish & Wildlife Conservation Act, which regulates hunting. Up until very recently, that has been MNR's approach. More recently, however, this approach has been reviewed in light of the increasing popularity of that sport.

As a result of