Pictures of OOS Fish

[diggyj]

Can anyone confirm what the rules are regarding taking pictures of OOS Fish? Is it legal or not? I have seen it done in many reports and all of them say released immediately. Any clarification would be great as this is a topic I do not know the correct answer to.

I am aware that storing them in a livewell for pictures is 100% illegal and should never be done but can you take a quick pic and release it thereafter?

Thanks,

Dirk..........

 

[toronto_angler]

Not sure on the legalities but if a CO stops you and decides to go through your pics he may not be happy to see an OOS fish.

 

[David Kearney]

I would imagine that if you are not targeting a oos fish and you catch one, a quick photo would not be anymore illeagal than the act of catching that fish...sometimes fish bite, can`t be helped, i wouldn`t worry myself about it as long as you release it promptly...thats just my opinion.

 

[openfire]

It is not illegal to take pictures of an OOS fish as long as no extra time was taken in the fish's release.

The law states that an OOS fish must be released immediately. There is no language that mentions cameras or pictures, however the law does state "immediately", not "immediately after a quick picture".

So, if you took the time to get your camera and pose for a few pictures, thereby keeping the fish in your possession even for a minute longer than necessary, you technically would be breaking the law in that scenario. However, if someone else with you takes the pictures while you are in the process of releasing it, and no extra time was therefore taken in releasing the fish, it would be totally legal.

As for a CO going through your camera, I suspect that a warrant would be needed as that would be a charter violation---> "Everyone has the right to be secure against unreasonable search or seizure."

To be clear, while we do not encourage illegal activities, this forum allows pictures of OOS fish to be posted on the forum at our discretion. OFF staff do not judge whether or not someone's picture was a violation of the law. That is for the courts to decide. Until such time as it becomes illegal to post OOS fish pictures on the internet, we will not dictate what fish pictures can be posted. Post them at your own risk.

The only restriction OFF places on posting OOS fish pictures is that they will not count as a first report if the poster makes it clear that he was targeting OOS fish.

 

[MCTFisher]

I don't see a problem with this issue. It is the people catching and keeping OOS fish that bother me and are breaking the law. Yes there might be a few extra seconds needed in taking a picture of a fish but it is the fact that we are so cautious and gracious of a large catch. Handle with care and it will be reflected in our fishery. Now if you are in water where you know there are lots of panfish around and your big bass has left the nest, try to get that fish back asap as the panfish like to get into a unguarded nest and have a feeding frenzy.

 

[YAWN]

U all really think there gunna bug ya over a pix PLEASE! WOW!

 

[chosen 1]

The question is CAN they bug you about taking the time to take the pic's not if they will. Personally I don't think that they would hassle you. Unless there is a second person with me I don't take pic's of OOS because I like to release the fish without handling it and most of the time it never leaves the water. Now if I caught a monster of a fish I might take the time to reach for the camera while I fight the fish and take pic's while it is still in the water. :mrgreen:

 

[ec1]

I know "going to the car and getting the camera" shouldn't be done.. I think this is more like a grey zone in the laws and regs. I say go for it, and just remember to release asap! And i know you do that dirk, so i don't think you should worry :mrgreen:

 

[frozenfire]

I try to release all OOS fish asap. However, I don't think taking a quick pic is illegal. Just try to keep the fish moist/wet when fiddling with the camera (as in keep the fish in the water)
My dad landed a 40ish inch muskie a week ago from the canoe and that fish went right back in the water... no pics I landed a few BIG lmb as well...no pics. All caught on 1.5 inch plastic crappie tubes :?
Makes me feel like poo catching all these great fish OOS when they are no where to be found in season :mrgreen:

 

[YAWN]

The reason I said WOW and perhaps over reacted was simple because 2-3 weeks ago u may recall I told you Bor and I got stopped on 10/89 by the MNR doing spot checks.

We talked with the two guys searching our car for a good 5-10 min as they were decent guys not on some power trip.

Talked about where we fished and even showed them the pix of the bass "Out of season but released" Printed out phone was done remember. They said nice job that's it. Offered to open the bags they said no need. perhaps they know the good from the bad or who's acting suspicious with something to hide.

Handing over our licenses without them even asking prob did us a favor too!

I think a pix is fine as it's more likely C&R anglers doing that as opposed to those punks who keep everything.

A pix over killing it, even the fish would choose pix hahahaha

Sorry I forget people take CAPS as Yelling that wasn't the intention I'll cut that out!.