Ontario Fishery Regulations, 2007 (SOR/2007-237)

Interpretation

• 1 (1) The following definitions apply in these Regulations.

  angling

  angling means fishing with a line that is held in the hand or attached to a rod that is held in the hand or closely attended. (à la ligne)

  artificial fly

  artificial fly means a hook dressed with silk, wool, fur, feathers or other similar organic or non-organic material that is used to catch fish when angling and includes wet flies, dry flies and streamer flies but does not include an artificial lure or organic bait. (mouche artificielle)

  artificial lure

  artificial lure means a spoon, plug, jig or other device that is designed to catch fish when angling. (leurre artificiel)

  baitfish

  baitfish means a fish of a species native to Ontario that is set out in Part 2 of Schedule 1. (poisson-appât)

  barbless hook

  barbless hook means a hook without barbs or a hook that has barbs that are compressed so as to be in complete contact with the shaft of the hook. (hameçon sans ardillon)

  border waters area

  border waters area[Repealed, SOR/2017-195, s. 1]

  fisheries management zone

  fisheries management zone or zone means a subdivision of the waters of Ontario as shown in the Regulation Plans of Fisheries Management Zones filed on December 5, 2013 in the Office of the Surveyor General of Ontario. (zone de gestion des pêches ou zone)

  hook

  hook means a single or multiple-pointed hook on a common shaft but does not include a snagger. (hameçon)

  invasive fish

  invasive fish[Repealed, SOR/2015-121, s. 37]

  invasive species

  invasive species means a species that is set out, in respect of Ontario, in Part 2 of the schedule to the Aquatic Invasive Species Regulations. (espèce envahissante)

  licence

  licence means

  • (a) a licence or permit issued under the Fish and Wildlife Conservation Act, 1997, Statutes of Ontario 1997, c. 41 or a document or thing deemed to be a licence under that Act;

  • (b) a licence issued under the Aboriginal Communal Fishing Licences Regulations; or

  • (c) a licence issued under these Regulations. (permis)

  livewell

  livewell means a compartment designed to keep fish alive that is attached to or forms part of a fishing vessel, has the capacity for water exchange and aeration and contains no less than 46 L of water. (vivier)

  plant-based bait

  plant-based bait means either

  • (a) bait that is made exclusively from plants; or

  • (b) bait that is made primarily from plants if the following conditions are met:

    • (i) it does not contain visible pieces of fish, animal parts or animal ingredients;

    • (ii) it does not have natural or artificial meat or fish flavouring; and

    • (iii) any poultry eggs that are incorporated are used as a binding agent. (appât d’origine végétale)

  pound net

  pound net means an impounding net whose top is not covered by netting. (parc en filet)

  provincial Minister

  provincial Minister means the Minister of Natural Resources and Forestry for Ontario. (ministre provincial)

  resident

  resident means a person whose residence is in Canada and who has resided in Canada for a period of at least 6 months during the 12 months immediately before the day on which that residence becomes material for the purposes of these Regulations. (résident)

  seine net

  seine net means a net, the ends of which are brought together or hauled ashore, and includes a bar seine, beach seine, drag seine, purse seine or other similar type of net. (senne)

  snagger

  snagger means an instrument that is designed for the purpose of hooking or piercing a fish in any part of the body other than the mouth. (croc)

  spear gun

  spear gun includes any device, other than a bow, that is capable of propelling a spear. (fusil à harpon)

  specially protected fish

  specially protected fish means a fish of a species set out in Part 4 of Schedule 1. (spécialement protégé)

  sport fishing

  sport fishing means the catching of fish for non-commercial purposes. (pêche sportive)

  spring gaff

  spring gaff means a spring-operated device for impaling or hooking a fish and includes spring-loaded hooks that are triggered when a fish bites the bait. (gaffe à ressort)

  stringer

  stringer means a string or metal line on which fish are strung. (chaîne ou corde à poissons)

  trolling

  trolling means angling by trailing lures or bait behind a fishing vessel that is in constant forward motion. (pêche à la traine)

• (2) For the purposes of determining the size of a fish, a fish shall be measured from the tip of the head with the jaws closed to the tip of the tail with the lobes compressed so as to give the maximum possible measurement.

• (3) A reference in these Regulations to a species or group of species of fish by its common name as set out in column 1 of Part 1, 2 or 4 of Schedule 1 is a reference to the species or group of species of fish whose scientific name is set out in column 2.

Application

• 2 (1) These Regulations apply in Ontario.

• (2) These Regulations do not apply to

  • (a) waters to which the National Parks of Canada Fishing Regulations apply;

  • (b) activities carried out under an aquaculture licence;

  • (c) activities carried out, in the course of their duties, by employees of the Ontario Ministry of Natural Resources and Forestry and employees of the Department of Fisheries and Oceans; or

  • (d) artificially created waters into which only fish obtained from either the holder of an aquaculture licence or the holder of a commercial fishing licence have been released for non-commercial purposes if those waters

    • (i) are not on a regional flood plain,

    • (ii) lie wholly within the boundaries of privately owned land,

    • (iii) have no connection or outflow to natural waters, and

    • (iv) contain water from surface run-off, natural springs, ground water or water pumped from a stream or lake.

• (3) These Regulations, other than subsections 1(1) and (3), paragraphs 3(1)(b) and (c), subsection 4(3) to (6) and sections 13 and 44, do not apply to fishing and related activities carried out under a licence issued under the Aboriginal Communal Fishing Licences Regulations.

PART 1General

Licences

• 3 (1) No person shall, except as authorized under a licence,

  • (a) fish;

  • (b) ship or transport or attempt to ship or transport live fish other than baitfish; or

  • (c) deposit or attempt to deposit live fish into any body of water other than the body of water from which they were caught.

• (2) [Repealed, SOR/2023-245, s. 7]

Terms and Conditions of Licences

• 4 (1) The provincial Minister may, for the proper management and control of fisheries and the conservation and protection of fish, specify in a licence any term or condition that is not inconsistent with these Regulations respecting one or more of the following matters:

  • (a) the species, quantity, size, weight, age, sex or stage of development of fish that may be caught, retained, possessed, held, loaded, landed, transported, transferred or released;

  • (b) the waters or locations where fishing is permitted or from which fish may be caught;

  • (c) the persons who may carry out activities under the licence;

  • (d) the waters or locations where fish may be held, loaded, landed, transferred or released;

  • (e) the period during which fishing is permitted or fish may be transferred or released;

  • (f) the type, size, quantity or marking of fishing gear or equipment;

  • (g) the locations or manner in which fishing gear or equipment may be used;

  • (h) the fishing vessel that may be used and the persons who may operate it;

  • (i) the weighing, marking, tagging, loading, landing, handling, separation or transportation of fish;

  • (j) the type and marking of containers used to hold or transport fish;

  • (k) the information that shall be recorded, kept or reported and the manner and form in which and the period for which the information shall be recorded, kept or reported;

  • (l) the disposing of water, containers or anything used to hold or transport fish;

  • (m) the monitoring of fishing activities, verification or examination of fishing gear, equipment, fish or records relating to fishing activities and the taking of fish samples;

  • (n) the health of fish including the monitoring and reporting of water quality, diseases, pathogens or fish escapes;

  • (o) the possession, destruction or prevention of the spread of a fish or other aquatic organism that is or may be harmful to fish;

  • (p) the method of movement, transfer, release, disposal or preservation of fish to ensure their protection; or

  • (q) the information that the master of a fishing vessel shall report from the water, including the method by which, the period in which and the person to whom the report is to be made.

• (2) Every person shall comply with the terms and conditions specified in their licence.

• (3) The provincial Minister may amend the terms and conditions of a licence for the purposes of the conservation and protection of fish.

• (4) A notice of an amendment made under subsection (3) shall be sent to the licence holder. The notice is deemed to be received by a licence holder

  • (a) if the licence holder consents to receiving it by electronic means, on the day recorded by the server of the provincial Minister as the time of sending it;

  • (b) if the licence holder consents to receiving it by fax, on the day recorded by a fax machine of the provincial Minister as the time of sending it;

  • (c) if it is sent to the licence holder by mail, on the fifth day after the postmark date on the notice; or

  • (d) if it is delivered personally, on the day on which the notice is received by the licence holder.

• (5) The amended licence terms take effect on the day on which the notice is received by the licence holder.

• (6) The licence holder shall, on receipt of the notice, attach the notice to the licence.

Prohibition on Bringing Bait Into Ontario

5 No person shall bring into Ontario, for use as bait,

• (a) crayfish or salamanders; or

• (b) live fish or leeches.

Invasive Species

• 6 (1) No person shall possess, transport or release members of an invasive species except in accordance with the Aquatic Invasive Species Regulations or as authorized under a licence issued under subsection (2).

• (2) The provincial Minister may issue a licence to a person to possess, transport or release invasive species in specified quantities if

  • (a) they are an employee or a person referred to in subsection 13(1) of the Aquatic Invasive Species Regulations;

  • (b) they use the equipment and controls necessary to protect against any unauthorized release of invasive species into Ontario waters; and

  • (c) the possession is for scientific, educational or aquatic invasive species control purposes.

Specially Protected Fish

• 7 (1) No person shall fish for or possess a specially protected fish except as authorized under a licence issued under subsection (2).

• (2) The provincial Minister may issue a licence to a person to fish for or possess specially protected fish if

  • (a) they are a qualified fisheries researcher working in a recognized research facility; and

  • (b) the purpose of their fishing or possession is the conservation or protection of the species.

• (3) Despite subsection (1), a person may possess an American eel if the person has documentary evidence to show that the eel was lawfully obtained outside of Ontario.

Close Times Applicable to Fish Sanctuaries

• 8 (1) No person shall fish in the waters set out in column I of an item of Schedule V to the Ontario Fishery Regulations, 1989, during the close time set out in column II of that item.

• (2) [Repealed, SOR/2009-328, s. 2]

Prohibited Fishing Methods and Gear

• 9 (1) No person shall fish with

  • (a) a hook used in such a manner as to pierce or hook a fish in any part of the body other than the mouth;

  • (b) a gaff;

  • (c) a snare;

  • (d) a snagger; or

  • (e) a spear gun.

• (2) Despite paragraph (1)(b), a person may use a gaff, other than a spring gaff, to assist in the landing of a fish.

• (3) No person shall retain a fish that has been pierced or hooked in any part of the body other than the mouth while angling except a fish that has been pierced or hooked while being landed with a gaff that is not a spring gaff.

• 10 (1) No person shall possess a snagger, spear gun or spring gaff in any waters or within 30 m of any water’s edge.

• (2) Except when spear fishing in accordance with these Regulations, no person shall possess a spear for the purpose of fishing in any waters or within 30 m of any water’s edge.

• (3) No person shall possess a snare for the purpose of fishing in any waters or within 30 m of any water’s edge.

Use of Artificial Light

11 No person shall use an artificial light to attract fish except

• (a) to fish for lake herring, lake whitefish or smelt by any means other than by angling; or

• (b) when angling, as part of a lure attached to a line.

Release of Fish

12 A person, other than a person fishing under a commercial fishing licence, who catches a fish, other than an invasive species, the retention or possession of which is prohibited by these Regulations, shall immediately return the fish to the waters from which it was caught and, if the fish is alive, release it in a manner that causes the least harm to that fish.

Variation Orders

• 13 (1) If a close time, fishing quota or limit on the size or weight of fish or fishing gear or equipment has been fixed in respect of an area, the provincial Minister may, by order, vary that close time, fishing quota or limit on fish or fishing gear or equipment in respect of the area or any portion of the area.

• (2) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment is varied, the provincial Minister shall give notice of the variation to the persons affected or likely to be affected by the variation by one or more of the following methods:

  • (a) broadcasting the notice over a radio station;

  • (b) publishing the notice in a newspaper;

  • (c) posting the notice in the area or in the vicinity of the area affected by the variation;

  • (d) giving written or oral notice;

  • (e) transmitting or posting the notice by electronic means; or

  • (f) publishing the notice in the Ontario Ministry of Natural Resources and Forestry summary of regulations pertaining to sport fishing.

PART 2Sport Fishing

Sport Fishing Methods

14 No person shall sport fish other than by angling or by means of a spear, dip net, baitfish trap, seine net, or bow and arrow.

Angling Close Times

15 No person shall angle for, or catch by angling and retain, fish of a species set out in column 1 of Schedule 2 in the waters set out in column 2 during the close time set out in column 3.

Angling Quotas and Size Limits

16 Subject to sections 19 to 21, no person who is fishing under a sport fishing licence or a conservation fishing licence shall catch and retain in any one day, or possess, fish of a species set out in column 2 of Part 1 of Schedule 3 from the waters set out in column 1,

• (a) in an amount that exceeds the sport fishing licence quota or of a size that does not comply with the size limit set out in column 3; or

• (b) in an amount that exceeds the conservation fishing licence quota or of a size that does not comply with the size limit set out in column 4.

Provincial Possession Limits

17 Subject to section 18, no person shall possess fish of a species set out in column 1 of Part 2 of Schedule 3, caught under a sport fishing licence or conservation fishing licence from the waters of all zones combined, in a quantity greater than the provincial possession limit set out in column 2.

Provincial trout and salmon Aggregate Quota

18 No person shall catch and retain in any one day, or possess, a quantity of trout or salmon from the waters of all zones combined that in the aggregate is greater than

• (a) five, when fishing under a sport fishing licence; or

• (b) two, when fishing under a conservation fishing licence.

Daily Catch and Retain Quotas and Size Limits

19 No person shall catch and retain in any one day fish of a species set out in column 3 of Part 3 of Schedule 3 as specified for the type of licence set out in column 1 from the waters set out in column 2 in an amount that exceeds the quota or does not comply with the size limit set out in column 4.

Non-resident Daily Catch and Retain Quotas and Size Limits

20 No non-resident shall catch and retain in any one day fish of a species set out in column 3 of Part 4 of Schedule 3 as specified for the type of licence set out in column 1 from the waters set out in column 2 in an amount that exceeds the quota or of a size that does not comply with the size limit set out in column 4.

Non-resident Quotas and Size Limits

21 No non-resident shall catch and retain in any one day or possess fish of a species set out in column 3 of Part 5 of Schedule 3 as specified for the type of licence set out in column 1 from the waters set out in column 2 in an amount that exceeds the quota or of a size that does not comply with the size limit set out in column 4.

22 If a non-resident under 18 years of age fishes under a sport fishing licence held by another person, the fish caught and retained or possessed shall be deemed to be caught and retained or possessed by the licence holder.

Angling From a Fishing Vessel

• 23 (1) A person who is angling under a sport fishing licence or a conservation fishing licence from a fishing vessel and who catches largemouth bass, smallmouth bass, walleye or northern pike may exchange one or more of the live fish that the person has caught for another of the same species if

  • (a) the live fish that are caught and not immediately released are held in a livewell that is mechanically aerated at all times; and

  • (b) the fish that is being released will survive after release and is released into the waters from which it was caught.

• (2) A person who is fishing under a sport fishing licence may hold in the livewell no more than an aggregate of six largemouth bass or smallmouth bass.

Sport Fishing Quotas in Boundary Waters

24 If a person is sport fishing in waters that lie both in Ontario and in another jurisdiction, the fish caught anywhere in the waters shall be deemed to have been caught and retained or possessed by the person in Ontario for the purposes of these Regulations.

Possession of Fish Caught By Angling

• 25 (1) No person shall possess a live brook trout or live lake trout caught by angling from Lake Nipigon and its tributaries.

• (2) For the purposes of subsection (1), paragraph 29(2)(d), section 38, paragraph 42(2)(b) and Schedule 4, a reference to Lake Nipigon and its tributaries means Lake Nipigon and its tributaries downstream from the first falls, rapids, dam or lake — or the entire tributary if there are no falls, rapids, dam or lake — including

  • (a) the waters on the islands of Lake Nipigon;

  • (b) the waters of the Gull River, downstream from the Highway 527 bridge;

  • (c) the waters of the Kabitotikwia River, downstream from the Highway 527 bridge;

  • (d) the waters of the Poshkokagan River, downstream from and including the rapids located at 49°25′45″ N, 89°04′55″ W;

  • (e) the waters of the Wabinosh River, downstream from Wabinosh Lake; and

  • (f) the waters of the Little Jackfish River, downstream from and including the first rapids upstream of the Pikitigushi Road bridge.

26 No person shall possess a live fish, other than a baitfish, caught by angling from the following waters in Zone 4:

• (a) Lac Seul (50°20′03″ N, 92°45′00″ W);

• (b) Broad Lake (50°26′32″ N, 92°37′50″ W);

• (c) Sunlight Lake (50°29′14″ N, 92°34′17″ W) and all connecting waters;

• (d) Abram Lake (50°03′33″ N, 91°55′44″ W);

• (e) Botsford Lake (50°08′19″ N, 91°39′32″ W);

• (f) Hidden Lake (50°07′26″ N, 91°44′33″ W);

• (g) Minnitaki Lake (49°58′19″ N, 91°57′29″ W);

• (h) Pelican Lake (50°06′41″ N, 91°57′40″ W) and all connecting waters, including the waters locally known as Duck Lake; and

• (i) the waters collectively known as the Rice River, including Flower Lake (49°56′47″ N, 91°57′19″ W), Parnes Lake (49°56′27″ N, 91°54′23″ W), Twill Lake (49°56′38″ N, 91°59′02″ W), Twin Bay of Minnitaki Lake (49°57′48″ N, 91°52′56″ W), Twinflower Lake (49°56′27″ N, 91°55′44″ W), Twinflower Creek and all connecting streams.

• 27 (1) No non-resident who is angling from a fishing vessel shall possess on board the vessel more fish of a species than the quota set out in section 20 for the species in the waters in which the person is angling.

• (2) This section applies to the following waters in Zone 5:

  • (a) Lake of the Woods (49°16′59″ N, 94°34′15″ W);

  • (b) Shoal Lake (49°32′50″ N, 94°56′25″ W);

  • (c) Cul de Sac Lake (49°37′54″ N, 94°49′47″ W);

  • (d) Obabikon Lake (49°14′59″ N, 94°12′25″ W);

  • (e) Rainy River; and

  • (f) Rainy Lake (48°43′35″ N, 93°07′51″ W) and the Seine River system upstream to the Sturgeon Falls (Crilly) Dam, situated immediately north of Highway 11, including the waters of Grassy Lake (48°39′53″ N, 92°43′05″ W), Wild Potato Lake (48°43′00″ N, 92°28′36″ W) and Partridge Crop Lake (48°43′46″ N, 92°22′12″ W) in the Territorial Districts of Kenora and Rainy River.

Possession or Use of Bait

• 28 (1) No person shall release or deposit, or attempt to release or deposit, into any waters, or within 30 m of any waters, any of the following:

  • (a) live or dead bait or baitfish, including fish eggs, gametes or parts; or

  • (b) the water, soil or other materials in the container used to hold the materials set out in paragraph (a).

• (2) Subsection (1) does not apply in respect of plant-based bait.

• (3) Paragraph 1(b) does not apply to water that is taken from the waters where the person is fishing, used in either a recirculating device attached to or forming part of a fishing vessel or a moveable container holding bait or baitfish, and deposited back into the same waters or within 30 m of those waters.

28.1 No person, other than the holder of a commercial bait licence or any other licence that authorizes the culture of baitfish, shall catch and retain in any one day, or possess, more than 120 baitfish.

• 29 (1) No person shall use as bait, or possess for use as bait, an invasive species or a live fish that is not a species of baitfish.

• (2) No person shall use as bait or possess for use as bait

  • (a) a live baitfish in the waters set out in column 1 of Part 1 of Schedule 5;

  • (b) a fish greater than 13 cm in length in Lake Temagami (46°59′36″ N, 80°04′15″ W);

  • (c) a fish

    • (i) in the waters of Clearwater Bay of Lake of the Woods (49°42′23″ N, 94°45′13″ W), Echo Bay of Lake of the Woods (49°39′00″ N, 94°53′58″ W) or Cul de Sac Lake (49°37′54″ N, 94°49′47″ W);

    • (ii) in the waters set out in column 1 of Part 2 of Schedule 5 during the period set out in column 2; or

  • (d) rainbow smelt in Zone 2, 4, 5 or 6, except, in Zones 2 and 6, in the waters of Lake Nipigon and its tributaries and, in Zone 6, in the waters of Jessie Lake (49°11′19″ N, 88°19′52″ W), Helen Lake (49°04′20″ N, 88°16′17″ W), Polly Lake (49°07′52″ N, 88°15′58″ W) and the Nipigon River.

• (3) Despite subsection (1), a person may possess no more than 36 live crayfish for use as bait in the waters in which the person is angling, if the crayfish were caught in those waters.

• (4) No person shall transport crayfish overland except under a licence to collect fish for scientific purposes issued under the Fish and Wildlife Conservation Act, 1997, Statutes of Ontario, 1997, c. 41.

• (5) Despite subsection (4), a person may transport red swamp crayfish (Procambarus clarkii) in accordance with General, Ontario Regulation 354/16 made under the Invasive Species Act, 2015, S.O. 2015, c. 22, as amended from time to time.

Angling Restrictions

30 No person shall angle within 25 m of a pound net or cage in which fish are held for culture.

31 No person shall angle in the waters set out in column 1 of Part 1 of Schedule 4 except in accordance with the limits on gear and equipment set out in column 2 during the specified time periods, as applicable.

• 32 (1) Subject to subsection (3), no person angling in open water shall angle in the waters set out in column 1 of Part 2 of Schedule 4 with more than the number of lines set out in column 2.

• (2) Subject to subsection (3), no person angling through ice shall angle in the waters set out in column 1 of Part 3 of Schedule 4 with more than the number of lines set out in column 2.

• (3) A person who is angling for common carp may use up to three lines in the waters of Zones 12 to 20 if all of the following conditions are met:

  • (a) the person is using plant-based bait or synthetic corn;

  • (b) when the person is angling from a fishing vessel, all of the lines used by the person are on that vessel with the person; and

  • (c) when the person is not angling from a fishing vessel, each line used by the person is within 2 m of another line used by the person.

33 No person who is angling through the ice shall

• (a) be more than 60 m from a hole in the ice through which they are angling; or

• (b) fail to maintain a clear and unobstructed view of a line with which they are angling.

Fishing at Night

• 34 (1) No person shall sport fish during the period between sunset and sunrise.

• (2) Subsection (1) does not apply to a person who is

  • (a) angling, except in the waters of Eagle Lake (49º42′ N, 93º13′ W);

  • (b) fishing by means of a baitfish trap;

  • (c) fishing for rainbow smelt by means of a dip net or seine net; or

  • (d) fishing for lake herring or lake whitefish by means of a dip net.

Sport Fishing Other Than Angling

• 35 (1) No person shall sport fish using

  • (a) a dip net

    • (i) with dimensions that are greater than 183 cm by 183 cm if the dip net is angular, or

    • (ii) with a diameter that is greater than 183 cm if the dip net is circular;

  • (b) a seine net with dimensions that are greater than 10 m by 2 m;

  • (c) a baitfish trap of a length that is greater than 51 cm or a diameter that is greater than 31 cm;

  • (d) more than one dip net, baitfish trap or seine net; or

  • (e) a baitfish trap unless it is legibly marked with their name and address.

• (2) No person who is sport fishing by a means other than by angling shall

  • (a) catch and retain in any one day or possess fish of a species set out in column 1 of Part 1 of Schedule 6 from the waters set out in column 3 in an amount that exceeds the quota set out in column 5 or 6, as the case may be;

  • (b) use any gear other than the gear set out in column 2 of Part 1 of Schedule 6 for fishing for a species set out in column 1;

  • (c) fish for, or catch and retain, a species of fish set out in column 1 of Part 1 of Schedule 6 from the waters set out in column 3 during the close time set out in column 4;

  • (d) fish for, or catch and retain, a species of fish set out in column 1 of Part 1 of Schedule 6 from any waters other than the waters set out in column 3; or

  • (e) fish for, or catch and retain, any species of fish other than the species set out in column 1 of Parts 1 and 2 of Schedule 6.

• 36 (1) No person who is sport fishing by a means other than angling shall

  • (a) subject to section 28.1, catch and retain in any one day or possess more baitfish than the quota set out in column 5 of Part 2 of Schedule 6;

  • (b) when fishing for baitfish, use any gear other than the gear set out in column 2 of Part 2 of Schedule 6; or

  • (c) fish for baitfish during the close time set out in column 4 of Part 2 of Schedule 6.

• (2) Other than suckers or lake herring, no non-resident shall fish for, or catch and retain baitfish, by a means other than by angling.

Live Holding Methods

• 37 (1) No person who is sport fishing shall place or use in any waters a live holding box or impounding device unless

  • (a) it is legibly marked with the licence holder’s name and address; and

  • (b) the markings are visible without raising it from the water.

• (2) Subsection (1) does not apply to

  • (a) a live holding box that forms part of or is attached to a fishing vessel; or

  • (b) a bucket or other moveable container that contains baitfish.

• 38 (1) No person who is sport fishing shall use a stringer, impounding device or live holding box for holding fish in Lake Nipigon and its tributaries.

• (2) Despite subsection (1), a person who is sport fishing may hold fish, other than brook trout or lake trout, in a livewell on Lake Nipigon or its tributaries.

Identification and Measurement of Fish

• 39 (1) Unless the fish is being prepared for immediate consumption, no person shall skin, cut or pack any fish caught by sport fishing in such a manner that the species cannot easily be identified or the number cannot easily be counted.

• (2) No person shall possess a fish that is skinned, cut or packed in contravention of subsection (1).

• (3) A person who is in possession of a fish caught by sport fishing for which there is an applicable size limit shall keep the fish in a manner that allows the size to be easily measured, unless the fish

  • (a) is being prepared for immediate consumption;

  • (b) is prepared at an overnight accommodation for storage;

  • (c) is being transported by the person on the water from a temporary overnight accommodation and that person is not sport fishing; or

  • (d) is being transported overland.

• (4) Subsection (3) does not apply to a person who possesses

  • (a) fish from which samples have been collected for scientific purposes by an employee authorized by the provincial Minister or a person who possesses fish under a licence to collect fish for scientific purposes issued under the Fish and Wildlife Conservation Act, 1997, Statutes of Ontario, 1997, c. 41; and

  • (b) documentation given by the person or employee containing information on the samples and their collection including the original length or weight of the fish.

PART 3Commercial Fishing and Commercial Bait Fishing

Commercial Baitfish Gear

40 No person who is fishing for baitfish under a commercial bait licence shall use a dip net

• (a) with dimensions that are greater than 305 cm by 305 cm if the dip net is angular; or

• (b) with a diameter that is greater than 305 cm if the dip net is circular.

Gear Markings

• 41 (1) No person who is fishing under a commercial bait licence shall place or use a baitfish trap that is not legibly marked with the licence holder’s name or licence number.

• (2) No person who is operating under a commercial fishing licence or a commercial bait licence shall place or use in any waters a live holding box or impounding device unless

  • (a) it is legibly marked with the licence holder’s name or licence number, and

  • (b) the markings are visible without raising the box or device from the water.

• 42 (1) No person who is fishing under a commercial fishing licence shall set or use a hookline or net unless

  • (a) a buoy, marker or stake is attached to the hookline or to each end of the net;

  • (b) each buoy, marker or stake is legibly marked with the licence holder’s name or licence number; and

  • (c) the licence holder’s name or licence number is visible without raising the gear from the water.

• (2) Despite paragraph (1)(a), and except in the case of ice fishing,

  • (a) in the waters of Lake of the Woods and Shoal Lake, the hookline or each end of the net must be marked by a buoy with a shaft whose upper extremity is at least 53 cm above the water and has attached to it an orange flag measuring at least 22 cm by 22 cm; and

  • (b) in the waters of Lake Superior and Lake Nipigon and its tributaries, the hookline or each end of the net must be marked by a standard marker ball 50 cm in diameter or by a buoy with a shaft whose upper extremity is at least 92 cm above the water and has attached to it an orange flag measuring at least 22 cm by 22 cm.

Commercial Fishing Close Times

43 No person who is fishing under a commercial fishing licence or a commercial bait licence shall fish for, or catch and retain, a species of fish set out in column 2 of Schedule 7 or 8, as the case may be, in the waters set out in column 1 during the close time set out in column 3.

PART 4Observers

• 44 (1) The provincial Minister may designate a person who does not purchase fish for the purpose of resale and who is not an owner, operator, manager or employee of an enterprise that catches, cultures, processes or transports fish as an observer for the purposes of these Regulations and may assign to the observer any of the following duties:

  • (a) the monitoring of fishing activities, the examination and measurement of fishing gear, the recording of scientific data and observations and the taking of samples;

  • (b) the monitoring of the landing of fish and the verification of the weight and species of fish caught and retained;

  • (c) the examination of records relating to fishing activities; and

  • (d) the biological examination and sampling of fish.

• (2) The provincial Minister shall provide each observer with a certificate of designation as an observer.

• (3) An observer shall, on request, show the certificate of designation.

• (4) A person who is operating a fishing vessel under a commercial fishing licence shall,

  • (a) at the request of an observer, permit the observer to go on board the vessel to perform any of their duties; and

  • (b) provide the observer with such assistance as is reasonably necessary to enable the observer to perform those duties, including

    • (i) facilitating the sending and receiving of messages by means of the communications equipment on board the vessel,

    • (ii) providing the position of the vessel in latitude and longitude using Loran C reading, Global Positioning System or any equivalent system,

    • (iii) giving access to all areas of the vessel involved in fishing or fish processing or storage operations,

    • (iv) providing suitable storage facilities for samples,

    • (v) permitting photographs or video recordings to be taken of fishing operations, gear and equipment,

    • (vi) permitting embarkation and disembarkation at agreed times and places, and

    • (vii) permitting the removal from the vessel of samples, records, photographs and film taken or made on board the vessel.

Amendments to the Ontario Fishery Regulations, 1989

• 45 (1) [Amendment]

• (2) [Repealed, SOR/2009-328, s. 7]

46 [Amendment]

47 [Amendment]

48 [Repealed, SOR/2009-328, s. 8]

• 49 (1) [Amendment]

• (2) [Repealed, SOR/2009-328, s. 9]

50 [Amendment]

Coming into Force

• 51 (1) These Regulations, other than subsection 45(2), section 48 and subsection 49(2), come into force on January 1, 2008.

• (2) [Repealed, SOR/2009-328, s. 10]