What do you do in a situation like that though?
It sounds like you were probably fishing in a smaller creek so the risk of snagging a fish with a J13 is very high which makes the dude a big donkey. It just seems debatable to me what the best thing to do in that situation would be.
Another one of those
"Discreationary Decisions" made by
BOTH the
FISHERMEN and the
MNR and the
COURTS.
GRAY ZONE
Please let me explain:
* I CERTAINLY would like to POINT OUT that any CONVERSATION that falls within these GREY ZONES will ALWAYS bring out many DIFFERENCES in OPINIONS. I have NEVER SHYED away from "attempting" to tackle these CONVERSATIONS, and DO NOT CLAIM to know the EXACT ANSWER. Just giving my own PERSONAL OPINION based on what I've SEEN, EXPERIENCED and KNOWN from over 40 years of Fishing.
So.....
Firstly, lets look at the REGULATIONS as set out by the MNR (Their "Exact" definition)
•Catch a fish by impaling or snagging it with a hook through any part of the body other than the mouth – any fish hooked in this way must be released immediately.
OpenSeasons – Fishing season opening and closing dates varydepending on the species and the area. Dates are inclusive; all dates includingthe first and last dates stated in the summary are open or closed.
It is illegal to attempt to catch fish for which theseason is closed, even if you are going to release them. Fish accidentally caught duringthe closed season must be immediately released back to the water. Unless statedotherwise, species that are not listed (such as sucker and rock bass) have ayear-round open season.
If you catch a fish after reaching the daily catch or possession limit for that species, the fish must be released immediately back to the water (see Ontario’sCatch and Retain Rules, page 9). If the limit is zero, anglers may practise catch and release only, and any fish caught must be released immediately back into the water in a manner that does not harm the fish. For some species the reare no limits and no reference will be made to a limit in this summary (see Size Limits, page )
There is no EXACT reference as to what "IMMEDIATE RELEASE" Means.
- Some fishermen and MNR will say it means to "Cut the Line"
- Some Fishermen and MNR will say it means to Land and then Release Immediately (No Photo etc)
* I would think that leaving a Lure/Hook (plus line dragging behind) within a fishes mouth, body is more "harmful". Therefore, my experience tells me to land and release.
In the case of OUT of SEASON or CATCH LIMITS - there seems to be less "Debate on This", Most would agree to land and Release.
In the case of a SNAG, the parametres open up.
CIRCUMSTANCES:
- Is it a small pool with just one main species? (in this example SALMON during their run)
- Is it a place where normal multiple opportunities exist?
- Are different techniques "considered" applicable for catching the species?
GREY ZONE!
We all know the difference (or at least I would like to think) between "accidental Snags" and Deliberate.
Yet the REALITY, really is up to the (3) Parties: Fisherman, MNR, and the Courts
Obvious is Obvious ... yet PLEASE REMEMBER: One of our STANDARDS in LAW is that you are INNOCCENT until PROVEN GUILTY.
If you feel that the MNR has given you an unreasonable fine or charge, you have every right to FIGHT THAT in a court of law.
I truly believe that 99% of the time, the MNR gets it right. However - I also believe that we do not live in a PERFECT WORLD and there are occassions that would need to be Appealed.
I do not (Nor ever have) claim to KNOW ALL THE ANSWERS or be a "PERFECT FISHERMAN MYSELF".
Just look at the "Grey Zones" and debate that can be spawned over proper CATCH & RELEASE techniques.
The best we can ALWAYS do is this:
1. Follow BEST PRACTICES
2. Follow the REGS to the best of our abilities and their interpretations
3. Common Sense
4. What is in the BEST INTERESTS of the FISHERY?
As I have stated in the past: The specific definitions of some of these GREY ZONES can give on a headache. Thankfully, the vast majority of Ethical Fishermen who truly care about the resource.. really dont have to "Deal with" the BAD RESULTS.
Just my opinions
ps: THERE is OBVIOUSLY NO "GREY ZONE" when using a HUGE TREBLE HOOK and TEN POUND LEAD WEIGHT to SNAG! lol
Again, even "Talking about": Flossing, linning....Snagging , Catch & Release, OOS etc can really bring out the TROLLS and the AVID PASSIONATE FISHERMEN (as it should)
Sometimes it is "Easier" to discuss: Religion, Politics, Race, Abortion .... *SMILES*
I'm going Fishing!
