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Fishing
Q&A: Can I take a picture of a caught fish during a closed season?
by Editorial Staff June 3rd, 2014
Q: Our twitter follower @JohnnyWieringa asks if he can take a photo of a fish that is accidentally caught out of season even if it’s released afterward?
A: No. Any fish that is caught when the season for that species of fish is closed must be immediately returned to the water. Keeping the fish out of the water to take a photograph, weigh or measure it is not necessary and may reduce the likelihood of survival for the fish. This long-standing rule applies whether the fish is caught during the closed season, is of a restricted size, or is caught by gear which is illegal for that species of fish.
So, if I understand this, if someone in Zone 17 catches a walleye in season and the fish is over or under the slot, and they take a picture of it before releasing it, that is also in violation of this rule? What is the penalty?
Ontario OUT OF DOORS Mod Y Brown • 5 hours ago
Good question. We will see if we can track down an answer.
imho if the Specialist had left out the slot size part then all would be clear.... lol
Definitely brings a little more clarity to our discussion earlier and is basically what I was told. Should be interesting to hear what the specialist has to say about spot size.
I don't understand this line: "or is caught by gear which is illegal for that species of fish."
Does this mean that I get fined for catching a walleye on a Zara Spook?
BAA - 2016 Team 18 (10 shy of 28) Renegade Bass - 2013 Team 67 - 2014 Team 28 - 2015 Team 51 BAA (Great organization) 2011 and 2012 Team 7
It's for areas where you can use a dip net for whitefish, smelt or herring. Also where you can use a bow and arrow or spear for Bowfin and Carp.
See page 11 of this years regs.
Not sure that I agree with what you need to do should you accidentally spear the wrong fish - but the regs say release it.
Dip nets sure - let anything go immediately if it's the wrong fish... not like you can actually see what you are dip netting anyway.
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Oh to answer the question ... you'd get fined for spear fishing bass or trying to dip net walleye.
However if you want you can take after any Carp with a bow&arrow, spear or dip net (daylight only) in zone 18 right now!
Legally, I'd say the MNR is going out on thin ice with this ruling. It may only last until someone gets a ticket and decides to challenge it in court.
The regs state that you must immediately return an OOS fish to the water. Fair enough--that rules out holding up a fish and snapping a few photos. However, I don't see how a charge could stick if your buddy happened to take a picture while you were bringing it into the boat, or removing the hook, or releasing it--in other words, taking pictures of you doing what the law says you are supposed to do. And what if a person is photographed catching and releasing an OOS fish without knowing that he's being photographed? It'd be pretty hard to prove intent in that situation.
I'm not encouraging anyone to break the law here--just pointing out that there are important differences of interpretation in regard to this issue.
1) Remove all hooks from lures
2) Keep all fishing equipment under lock and key until all species are opened
3) Throw all fishing equipment in water when another boat gets close
4) Stick warning labels (written in fish) on all lures
5) Fish with a cameraman
6) Fish with a lawyer
7) Fish with a lawer with a camera
8 ) Fish with a camera
9) Don't fish
10) Sell boat to me at drastically reduced price due to the extreme stress
I am all for following the laws, but give me a break, this is excessive
if I catch something worthy of a picture, in or out of season, I will take a pic...I won't sit there and abuse the fish, but a quick snap changes nothing as far as i'm concerned...the fish is already out of the water and the stress has been induced, an extra 10-15 seconds changes nothing for the fish but helps me retain another memory
they're going to make it that you can only fish when EVERYTHING is in season soon, just watch
The only time I see a conservation officer even wanting to look at your phone and or camera let alone charge you with taking pictures of an OOS fish would be if they suspect you of poaching and can't nail you any other way. I think this particular law is a tool for the officers and highly doubt it would be used just because someone took a picture.
Money can't buy you happiness but it can buy you fishing gear and that's kinda the same thing.
avidangler wrote:The only time I see a conservation officer even wanting to look at your phone and or camera let alone charge you with taking pictures of an OOS fish would be if they suspect you of poaching and can't nail you any other way. I think this particular law is a tool for the officers and highly doubt it would be used just because someone took a picture.
do they have a right to ask you to show them your phone, or personal pictures even? that's absurd
avidangler wrote:
The only time I see a conservation officer even wanting to look at your phone and or camera let alone charge you with taking pictures of an OOS fish would be if they suspect you of poaching and can't nail you any other way. I think this particular law is a tool for the officers and highly doubt it would be used just because someone took a picture.
do they have a right to ask you to show them your phone, or personal pictures even? that's absurd
Yes they can. I'm not 100% sure but I think if your phone is locked they can't but un-locked is fair game. With that said though I've been stopped plenty of times when various fish are out of season and that particular request has never came up. Like I said more of a tool and imo a good one if it helps catch people who actually fish OOS.
Money can't buy you happiness but it can buy you fishing gear and that's kinda the same thing.
