Fishing license responsibility?

[Pints]

Mr. J, here is the question I sent to MNR regarding the subject of fishing licenses/boat owner responsibility.

These two questions came up during a discussion with a friend. If two people are fishing in the same boat, and the boat owner has a fishing license and the passenger doesn't. Is the boat owner liable for fines etc. because his passenger doesn't have a fishing license? Is it the responsibility of the boat owner to ensure that his passengers have a valid fishing license if they intend to fish?

I will post reply as soon as I get it.

[Duck Gunner]

Morning all...

Well the way I look at this is, if I was to take some one out duck hunting with me, I would sure as hell make sure they had their small game and migratory bird permit before leaving the dock. I don't think that's bad form...
In this day and age, one has to be very careful about things like licenses and operator cards.
Legally, I am not sure of the impact on the boat owner but I will make a few inquiries...

When I know, I will post the info...

DG.

[zoomer]

you are resposible for ur own licence ..however if u have fish in the boat with a non licensed fisherman u can be held responsible for illegal possesion of a bame fish

[zoomer]

the above also applies if you are not in direct possesion of ur license...beware gentlemen i paid a fine 2yrs ago for having my wifes license in my wallet while we fished''

[Pints]

Mr. J, here is the question I sent to MNR regarding the subject of fishing licenses/boat owner responsibility.

These two questions came up during a discussion with a friend. If two people are fishing in the same boat, and the boat owner has a fishing license and the passenger doesn't. Is the boat owner liable for fines etc. because his passenger doesn't have a fishing license? Is it the responsibility of the boat owner to ensure that his passengers have a valid fishing license if they intend to fish?

I will post reply as soon as I get it.

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Finally got an answer from the MNR:

The short answer to this question is that the boat operator (who has a
fishing licence) is not liable for the payment of the fines against the
passenger (who is not licenced).

However, one has to keep in mind that anything used in the
commission of an offence could be seized as evidence. In the situation
mentioned in your letter, it is unlikely that the boat would be seized. In
more serious situations involving infractions like large overlimits or large
numbers of out of season fish, the boat could be seized and it would be
up to the court to decide whether it is forfeited or returned.

If it is ordered to be returned, the legislation allows for it to be
held until the fine is paid.

[Mr.J.]

LarryS

Wow great input.

It just goes to show that there is some logic to some rules.

[Duck Gunner]

Hey gang...

Well I asked my source this question and here's what the thoughts were...

The boat owner does not have to ensure that the passenger is licensed. If the passenger is fishing w/o a license, he is resonsible for his own fine, not the boat owner.

If the CO wants to be a prick about it, he could charge the boat owner with being a party to the offence, but the person I asked indicated that he would not want to stand up in court on that one...

He goes on to say, "what if you in a party deer hunting and, unbeknownst to you, one of the guys in the gang does not have a license or you're duck hunting and the guy beside you in the blind isn't licensed?"

The only thing that he could see the boat owner being held responsible for would be something like not enough PFDs in the boat or the like...

[Tribal Legend 1]

Excellent thread!

Thanks for the information and the posting of the responses from the Ministry.

Much appreciated.

Take care all. I wish you all a safe and prosperous open water season. See you on the water.

TL1