targeting musky with ontario conservation lic

[John Pensyl]

Earlier this year we were stopped in Ontario waters and informed we needed a copy of our printed conservation Lic to accompany the outdoors card. Easy fix, but today Cullen and our friend danny were stopped again and told legally they could not target muskies in Ontario waters with a conservation Lic. Because the way the law is written possession must remain at zero and while releasing a musky possession is 1... What??? Anybody ever hear of this?? Just checked the web and I guess its not a new argument, but who is right????

[Tony Scime]

Who did they talk to? It has long been established by the OMNR that you can fish for muskies using a conservation license. They all must be immediately released. I haven't heard that anything has changed. I think there's something in the regs about it, but I'll have to check.

[John Pensyl]

He didn't get the name of the officer but they were told to stop fishing Canadian waters for muskies without the sportmans Lic or they would be fined. Looking at different Ontario fishing forums there is a lot of misinformation on this subject and apparently it doesn't stop at the officers themselves.

[Tony Scime]

Many years ago Muskies Canada confirmed with the OMNR that you can fish for muskellunge with a Conservation License. I've been doing so for many, many years.

This is taken from the OMNR website:

http://www.mnr.gov.on.ca/en/Business/LetsFish/2ColumnSubPage/STEL02...

If you wish to live release the majority of the fish caught, or, in the case of certain species, all of the fish caught, consider the Conservation Fishing Licence Tag.
 

 The holder of a Conservation Fishing Licence Tag must quickly and carefully live release all muskellunge, Atlantic salmon and aurora trout.

 

[John Pensyl]

What we both figured and exactly how we both read the regs. I've been through this while duck hunting here in ny with our own Dec officers. They don't know the very regs they are paid to enforce. I'd be prepared to argue and show the regs if your stopped by this same guy.

[Tony Scime]

This is taken from Regulatory Guidelines for Managing the Muskellunge Sport Fishery in Ontario (issued by the OMNR in 2005):

There is currently a catch and possession limit of zero (0) for anglers holding a conservation licence, although they are legally allowed to angle for muskellunge, but they must immediately release any fish that they catch. Most species of fish in Ontario have the

same catch and possession limits. This regulation has caused considerable confusion for

anglers fishing for other species.

Either the regs have changed or the officer who stopped Cullen doesn't know his own angling regulations.

John Pensyl said:

He didn't get the name of the officer but they were told to stop fishing Canadian waters for muskies without the sportmans Lic or they would be fined. Looking at different Ontario fishing forums there is a lot of misinformation on this subject and apparently it doesn't stop at the officers themselves.

[John Miller]

I have been stopped by Ontario authorities 3 times over the years and they never mentioned this to me even though we discussed that I was fishing for muskies.  If fact they never mentioned that I didn't call into Can Pass prior to entering Canadian water either.

[John Pensyl]

Same thing with us. Earlier this year they even looked at the pics from the muskies we caught that day while the other guy called in our outdoor cards checking to make sure we had our lic. Guess it was a diff guy with a diff boat today and Cullen and Danny were told they were in the wrong targeting skiis with a conservation Lic. They had to stay in US waters the rest of the am.

[Scott McKee]

I will contact the OMNR about this.

[Tony Scime]

This is from the 2012 regs issued by the OMNR:

"If the limit is zero, anglers may practise catch and release only, and any fish caught must be released immediately back into the water in a manner that does not harm the fish."

The current regs clearly allow for catch and release angling for muskellunge with a conservation license. You may want to carry a copy of the regs with you in case this guy stops you and insists you can't fish for muskies.

[Scott McKee]

I've sent the OMNR a very nice E-mail.  I'll post their response as soon as I receive it.

[Tony Scime]

Maybe this is overkill on my part, but I guess that's the lawyer in me. This is also from the 2012 OMNR regs. Catch limit is zero on the conservation license. So we need to know the definition of  "Catch":

Catch and Possession Limits:

The catch limit is the number of fish you are allowed to catch and keep in one day and includes fish that are not immediately released and any fish eaten or given away. The possession limit is the number you are allowed to have in your possession on hand, in cold storage, in transit, or anywhere. Possession limits are the same as one day’s catch limit except where otherwise specified.

This definition clearly states that "Catch" is the number of fish you are allowed to "catch and keep". Of course that number for muskellunge under a conservation license is zero. The same regulation, as I noted earlier, does allow for "catch and release" with no stated limit.

[Tony Scime]

I've added a link for pdfs for both the applicable 2012 OMNR regulations and the Regulatory Guidelines for Managing the Muskellunge Sport Fishery in Ontario (issued by the OMNR in 2005).

 You can access them at the bottom of the Season and Size Limits section (click on the Season and Size limits tab and scroll to the bottom of the page under Ontario Licenses).

Since we may have an OMNR officer policing the river who may be unfamiliar with these regulations, you may want to carry a copy on your boat.

At any rate, we may need them when we go to court.