I actually received the same response from the MNR last week. It seems that they get these questions quite frequently and would prefer not to touch them with a 10' pole! I have gotten conflicting responses from them. Once in the past I was told that it would be up to officer discretion. I have asked two officers since then, the first was in favor of my point of view and said it was not a chargable offence. Then this weekend while fishing on Bass opener I was carded by an MNR officer and decided to get his opinion. He didnt directly say it was a chargable offence however he did refer to the same clause and was clearly not encouraging me to start up the farmer network system.
Just today I got a response back from the Invasive species outreach program sanctioned by the MNR and the OFAH.
If i recall, your question last year referred to the euthanasia of Common Carp. In short, i do not believe there has been any amendments to the legislation to include other types of invasive species. The Ontario Fishery Regulation under the federal Fisheries Act is where the piece of legislation exists to prevent the live possession of certain invasive species. Only nine species are included on the list most of which are not known in Ontario at this point. As you know, Common Carp are not included on this list. This however does not mean that Common Carp are not an invasive species.
An invasive species is defined as a species of plant, animal, or microorganism introduced outside of its natural past or present distribution that causes “harmâ€. That harmful property is the key in separating a non-indigenous species from an invasive species. For example, a Chinook Salmon in the Lake Ontario is a non-indigenous species, however they do not cause any harm to the fishery, therefore they are not an invasive species. Common Carp do cause harm, making them an invasive species. In many lakes they exist in however, they have been there for over 100 years. I would not go as far to call them naturalized, however they are a species that we are going to have to live with. That being said, if they are to spread into new waterbodies, they would certainly cause damage. This is where we really try to promote prevention. Anglers dumping bait buckets provides a pathway to spread something like a common carp, or even a round goby.
In conclusion, unfortunately even though Common Carp are an invasive species, they are a species we are going to have to accept as a part of the fish communities in many of the lakes and rivers they have already invaded. Our job at this point as anglers and conservationists, is to prevent their spread into new waterbodies.
Im not sure about the Chinook Salmon comment in there as I believe they are harmful to the fishery as well. With Chinook Salmon they don’t have the same effect as Common Carp where once established they are impossible to get rid of however they do have a negative impact on Native Atlantic Salmon and Brook Trout.
Lets not lose sight of the fact that Common Carp ARE an invasive species. Nobody should EVER be advocating the release of Common Carp, it just makes absolutely no sense! The battle may be lost in the great lakes and their tributaries but if Carp start showing up in a inland lake up north where they weren’t previously found then efforts should be made to remove them from that lake. Many people would have thought the Humber River was a lost cause but look at what the efforts of volunteers have accomplished. Its not over till its over.