Legality of keeping native fish in Ontario

I sent our Ministry Of Natural Resources an email a few weeks back to get some information cleared up. I was getting mixed info from a lot of different private sources so figured I best get it right from "THE MAN". Here was their reply.

Hello Craig Williams:

Thank you for your enquiry.

Native fish can only be kept under a scientific collector's
Authorization permit when needed for education purposes. Information
about the application process to obtain a permit is available from your
local MNR office.

The Guelph district office phone number is 519-826-4955 while the phone
number for the Aurora District office is 905-713-7400. You may also
reach either office by calling the toll free number below and requesting
a transfer.

nric web reader - lr
*******************************************
Natural Resources Information Centre
PO Box 7000
Peterborough, ON K9J 8M5
1-800-667-1940
Fax: 705-755-1677
mnr.nric@mnr.gov.on.ca
http://themnrstore.mnr.gov.on.ca
********************************************

Sounds like a good start!

So basically as I see it I am screwed. I would never keep natives unless I was doing it legally. Since I see no way for myself as a private citizen to qualify for a scientific permit. I'm pooched!!! LOL

Do you have kids? You might be able to get an educational permit for their natural education.

I am in the same boat and agree with you completely, I would recommend basically the same thing I am doing, I am basically posting in any forum that I am a member of looking for members or fish keepers in my state that will support this hobby, I dont even care if they want to keep natives, as long as they are willing to help support the right to keep them, if they dont I will do my bet to educate them to the fact that these laws could eventually end up with the entire fishkeeping hobby being banned because of a few unethical idiots that release fish into native waters.
Brian
http://www.myfishtank.net/forum/ this is a forum that i am amember of and soliciting for help, no replies to me yet but to your benefit there are many canadians on this forum.

So basically as I see it I am screwed. I would never keep natives unless I was doing it legally. Since I see no way for myself as a private citizen to qualify for a scientific permit. I'm pooched!!! LOL

What is the definition of native? Native to Ontario? Unable to overwinter in Ontario?

There was talk of sub tropical fish that are North American natives.
http://forum.nanfa.o...h...ost&p=36451

A local killifish keeper that I know, a Canadian, has no trouble getting tropical fish into Canada, he says because the fish could never live in the wild in Canada.

Are you open to collecting trips to the US south? Then either permits or taking a chance of being blocked at the the border.

I currently have 40+ fish tanks of all sorts of fish & inverts from all over the world & thought I could try my hands at some native since there are many beautiful species. Its not worth doing it if its going to be a headache & might cause me trouble.

I do have 3 young girls but doubt they would buy that as a good enough reason for a permit.

I do have 3 young girls but doubt they would buy that as a good enough reason for a permit.

You never know. Well, you certainly won't know unless you try. You sound like a person with fortitude - give it a shot! What have you got to lose?

I have sent them another email for clarity.

Great thank you very much for the reply.

There still seems to be some confusion about this in the local aquarium clubs. So I would just like to clarify a few things as some people still seem to be confusing Sport Fishing regulations & keeping bait alive with provincial laws regarding keeping fish in captivity.

Is it legal to keep ANY native fish in captivity meaning an aquarium in the home? If NO does this also include baitfish & crayfish?

Would you please be able to send me a copy of or point me in the direction of any literature regarding these laws.

Thank you VERY much for any help regarding these matters.

Craig WIlliams

You might want to check this out: http://www.dfo-mpo.g...page14-34_e.htm

Regulations state that you can have a maximum of 120 baitfish without a receipt of purchase (i.e signifying that you bought rather than caught) or a commercial harvester license. The link above provides a key to "baitfish" There are darters in there, if that's what you're after.

Summary of regulations: http://www.dfo-mpo.g...-on/page6_e.htm

Edit: You must possess a fishing license to collect baitfish.

Edited by Lev, 30 April 2008 - 08:19 PM.

The regulations state you can have up to 120 live baitfish. For use as bait. Sport fishing regulations have nothing to do with provincial laws regarding the keeping of native species in captivity.

Do the regs state for how long you can keep the baitfish? What would be the difference between keeping a darter in captivity for personal use or for use as bait in the future?

Heck, how would they know if I'm not going to use my fish as bait in the future, hypothetically?

Edited by Lev, 30 April 2008 - 09:23 PM.

I remember reading somewhere else in the MANY different regulations pertaining to sport fishing that there was something about bait fish having to be used in the same watershed as where they were caught unless purchased from a licensed dealer.

Anyway I am waiting to hear back from the Provincial Government with a much clearer answer. If you can ever get that from the government.

I remember reading in this years Fishing Regulatiions booklet (I don't remember the "Official" name of the document) that the "only use in the same water body" law pertains to crayfish. It didn't mention baitfish, but anywho, I'm waiting for the response from the Provincial Gov't as eagerly as you are!


Edit: here is what the MNR has on it's website: http://www.mnr.gov.o...L02_165361.html


"Must be used in same water body where caught. May not be transported overland." - This is what they say about Crays.

Edited by Lev, 01 May 2008 - 06:26 AM.

Do the regs state for how long you can keep the baitfish? What would be the difference between keeping a darter in captivity for personal use or for use as bait in the future?

Heck, how would they know if I'm not going to use my fish as bait in the future, hypothetically?

You know what Lev? Good point! I was thinking the same thing. How would they know if you were using them as bait or not? Besides, even if you were indeed using certain fish as bait native or non-native, you would probably want to condition them anyway so that your predatory fish can eat something that isn't diseased.

Besides, one could argue that Canada may have nanny/socialist type laws but as it stands now it's not like the Ontario Ministry of Natural Resources or the Canadian Ministry of Fisheries and Oceans are going to send conservation officers to your home and inspect your aquariums to make sure you are indeed using these fish for bait. So really, the most you would probably ever need in Ontario is a fishing license correct?

Ok so I FINALLY got a reply to my questions. LOL

Good Day:

A person can culture fish without a licence if they are cultured in an aquarium for personal use or the aquarium trade (Fish Licensing Regulation O.Reg.664/98 s.24). However, the Ontario Fishing Regulations (OFRs.3(1)(b)) state that a person can not transport live fish, other than baitfish, without a licence. O.Reg.664/98s.29(1) lists the documents that are deemed to be a licence to transport live fish if the fish have been cultured, caught, bought or sold under the authority of the document. As previously mentioned, a licence to collect fish for scientific purposes is one such document. Others include a licence to collect fish from Ontario waters, or a receipt, invoice or bill of lading issued by the holder of an aquaculture licence or a commercial fishing licence.
So to summarize, native fish can be kept in an aquarium for personal use if they are acquired and transported legally. A person could purchase them from a licensed aquaculture operation or commercial fisher, or could collect them from the wild if they had the appropriate licence to collect fish. An angling licence does not allow them to collect and transport live fish from Ontario waters.

The Fish and Wildlife Conservation Act is available online at e-laws.gov.on.ca. To view the regulations, click on the plus sign next to the act.

Hope this helps.

nric web reader - lr

*******************************************

Natural Resources Information Centre

PO Box 7000

Peterborough, ON K9J 8M5

1-800-667-1940

Fax: 705-755-1677

mnr.nric@mnr.gov.on.ca

http://themnrstore.mnr.gov.on.ca

********************************************

Edited by Canadiancray, 20 May 2008 - 08:41 PM.

well, I am going through the process right now so that I can get a licence to collect fish from Ontario waters. It turns out this licence is free... just contact your local MNR office. You then have to e-mail or call a certain person a request (stating why you want the licence). If this request is granted, you just have to fill out a form, and soon you can be collecting fish .
Sorry about such a huge gap to revive this thread, but I thought like giving the info to make it easier for other Ontarians perusing the forum looking for this info .

I currently have 40+ fish tanks of all sorts of fish & inverts from all over the world & thought I could try my hands at some native since there are many beautiful species. Its not worth doing it if its going to be a headache & might cause me trouble.

I do have 3 young girls but doubt they would buy that as a good enough reason for a permit.

I am a teacher and I cannot think of a better reason one could give for keeping native fish than educating your children. Heck, if it's good enough to issue a permit to a educational institution to educate the public at large, it sure as heck is a good enough reason to issue a permit to a responsible individual to educate their children. I would absolutely pursue this line.

Rick

Hi, LONG time lurker, first post .

This is actually very good info to know. Now I just have to speak with the Alberta equivilant. Does anyone have any info in that regard? Last I spoke with them was in 2002 and the conversation was not exactly encouraging .

Chris

best bet would be to call your local office and talk to them, they would know the legalities of keeping natives as pets