Fighting Fishing Charges

Question: 1) Are illegal fishing charges serious in Ontario?

Answer: 2) Illegal fishing charges can be serious in Ontario, because convictions under the Fish and Wildlife Conservation Act, 1997 can lead to fines up to $25,000 for a person and up to $100,000 for a corporation, plus possible imprisonment, and that can affect your licence and future fishing rights;  If you or someone you know received a provincial offences ticket or notice for fishing without a licence, out of season, over catch or size limits, using illegal gear, or fishing in a restricted area, Freed Legal Services can help you understand the rules and next steps and work toward the best possible outcome;  Call (800) 716-1897 to book a free consultation with a paralegal from Freed Legal Services in Ontario.

How Much Is a Fine For Illegal Fishing?

Illegal Fishing Charges Can Carry Fines Up to $25,000 For a Person and Up to $100,000 For a Corporation. Additionally, Some Circumstances May Attract Punishment By Way of a Jail Term.

In Ontario, fishing is regulated to protect fish populations and to protect aquatic ecosystems.  Violating fishing regulations can lead to provincial offences charges and significant penalties.  Here are just a few types of fishing activities that can result in such charges:

• Fishing Without a Valid License: Fishing without a proper fishing license or without carrying the license while fishing is a common provincial offence.  Different types of fishing licenses are required for various species and locations.
• Fishing Out of Season: Each species of fish has specific fishing seasons set by the Ontario Ministry of Natural Resources and Forestry.  Fishing outside the designated season for a particular species is illegal and can lead to charges.
• Fishing Beyond Catch Limits: There are limits on the number and size of fish that an angler may catch and keep within a single day or within a fishing season.  Exceeding these limits may result in charges.
• Fishing With Illegal Gear: Employing prohibited fishing methods or equipment, such as using illegal nets, traps, or prohibited baits, is an offence that may lead to charges.
• Fishing in Closed or Protected Areas: Some areas, such as conservation reserves, sanctuaries, or private property, are off-limits to fishing.  Fishing in these restricted areas can lead to charges related to property rights and conservation laws.
• Fishing Without Releasing Protected Species: If an angler accidentally catches a protected species or endangered species, the angler must release the fish unharmed.  Failing to do so may result in charges.
• Fishing Without Abiding by Size Limits: Some species have size limits, meaning that a fish below or above a certain size must be released.  Keeping fish that that are outside of the size requirements may lead to charges.
• Fishing Without Required Documentation: Anglers may be required to carry specific documents, such as species-specific regulations, while fishing.  Failure to have the required documentation may result in charges.
• Fishing In Excess: Overfishing a particular species, especially species that are already in decline, is illegal and may lead to serious charges related to conservation efforts.
• Fishing Related Debris: Discarding fishing-related debris, such as fishing lines, hooks, or bait containers, into the water or upon the shoreline may result in charges related to environmental protection.

The Law

In Ontario, fishing violations are primarily addressed and regulated under the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chapter 41, and the associated regulation, O. Reg. 664/98 (Fish Licensing), among other regulations, which govern fishing activities, set fishing seasons and limits, and establish rules for the practice of fishing.

Potential Penalties

Violations of these regulations can lead to a provincial offences prosecution with potential penalties that include fines, fishing license suspensions, and other possible consequences including a maximum of two (2) years in jail.  Specifically, the Fish and Wildlife Conservation Act, 1997, states:

Summary Comment

It is essential for anglers in Ontario to ensure familiarity with the Fish and Wildlife Conservation Act, 1997, as well as the associated regulations so to ensure that fishing is conducted in a legal and responsible manner while also helping to protect the natural resources of Ontario.