question on possession limits

here is my question>>>>> if the possession limit is 4 walleye and both fishing partners have 4 walleye apiece on the stringer....does that make you illegal if you are still catching and releasing....since "technically" for that short time while you are netting, unhooking, and releasing ..there would be a short time when you did have 9 fish "in possession"........am i wrong in my reasoning???

[bigfish1965]

It's not illegal in Ontario, but it might get you some nasty stares. To help your own cause, kill your intended harvest and keep them on ice. There can be no doubt at that point that you are not intending to cull.It is no different at that point than anyone who practises catch and release.The regulations only say that you must release all fish immediately of a species in which you have a limit.

thank you for the reply.....guess that makes perfect sense to me since you "could" be fishing for pike/perch at that point and catch the occasional walleye........

[retire55]

No, you and your partner would not be in possession of 9 walleye because you had not decided to "retain" the walleye. However, with 8 live walleye on a stringer, an enforcement officer might watch you like a hawk for suspected "culling" activity.

Once you have made the decision to either immediately release or keep a fish which you have caught, any fish retained (whether on a stringer, in a live well or any other holding device) are counted towards your daily "catch and retain" limit. If the retain limit for the water you are fishing is 4 walleye, then you may only catch and retain 4 walleye in one day. You cannot "un-retain" a fish! Once you have taken that fish into your retention it becomes a part of your daily catch and retain limit.

The catch (and retain) limit is the number of fish you are allowed to catch and keep in one day.

The possession limit is the number of fish you are allowed to have in your possession on hand, in cold storage, in transit, etc.

Consider that you are one member of a group of fishermen on a fishing trip. Lets assume that one your first day of fishing you catch and retain your "catch and retain" limit of 4 walleye. You now have 4 walleye in your possession which is your "possession" limit. Within the strictest interpretations of the Ontario Fishing Regulations, you can not catch and retain any more walleye (the next day or anytime thereafter) unless you somehow do something to lower your possession limit. You could still fish for walleye but you would have to immediately release any walleye caught.

However, you could lower the number of walleye in your possession by eating some walleye or by giving away some of "your" walleye (to fishing partners not so fortunate). And your fishing partners would have to have knowledge of this arrangement. By doing so, you legally allow yourself room to catch and retain more walleye.

I reiterate that the above is the strictest interpretations of the regulations. Its doubtful that an enforcement officer would apply such interpretations - but he could. If you're going to play this game, you have to know the rules.

Once you have your limit you cannot fish for more. You can however incidently catch them if you are fishing for another species. You must release by the "shortest path". That is in your case right back. I would not stop to measure or weigh. You could be deemed to be in possession. It's best to stay 1 fish short all the time if you are still fishing for that species.

we do not cull fish when we are fishing...we keep what it is we are going to eat that day/evening and then release back any caught after that point when our "possession limit" is reached...my question was mostly geared to find out if we should stay one fish shy of limit if we are still wanting to fish longer.....i am also under the understanding that if we have a shore lunch that day...those fish are counted towards the limit even though they are eaten and gone.....

[bigfish1965]

Yes, in Ontario, shore lunch fish are still part of your catch limit. You are only allowed to harvest 'X' number of fish per day, regardless of what you do wit them. Eating or gifting them removes them from your possession but not your catch. Make sense? If you have any more questions you can email me, I am a volunteer Fish and Wildlife Guardian with the MNR.

I had an experience with an OMNR Officer icefishing a few years back. I had my legal limit on a stringer and caught another while he was present. He asked what species of fish I was fishing after I released the fish. Had I given the wrong answer I would have been charged. Look up the definition of fishing in the regs. Stay one fish short if you are going to continue to fish for Walleye. Thqat way you can't get into any issues with an overzealous officer.