# For anyone interested in keeping native fish...



## DarkMousy (Nov 3, 2010)

I have great news! It seemed to be a subject of controversy so I got perhaps the most straightforward answer from the proper authority. I just e-mailed the MNR for clarification on an e-mail sent by another enthusiast a few years ago that was a bit vague. Here is the original e-mail I sent:

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Hello,

I was just curious as to the legality of keeping native fish in aquaria for personal, non commercial use. A member of a local aquarium club received this reply from your office: 
Good Day:
A person can culture fish without a licence if they are cultured in an aquarium for personal use or the aquarium trade (Fish Licensing Regulation O.Reg.664/98 s.24). However, the Ontario Fishing Regulations (OFRs.3(1)(b)) state that a person can not transport live fish, other than baitfish, without a licence. O.Reg.664/98s.29(1) lists the documents that are deemed to be a licence to transport live fish if the fish have been cultured, caught, bought or sold under the authority of the document. As previously mentioned, a licence to collect fish for scientific purposes is one such document. Others include a licence to collect fish from Ontario waters, or a receipt, invoice or bill of lading issued by the holder of an aquaculture licence or a commercial fishing licence.
So to summarize, native fish can be kept in an aquarium for personal use if they are acquired and transported legally. A person could purchase them from a licensed aquaculture operation or commercial fisher, or could collect them from the wild if they had the appropriate licence to collect fish. An angling licence does not allow them to collect and transport live fish from Ontario waters.
The Fish and Wildlife Conservation Act is available online at e-laws.gov.on.ca. To view the regulations, click on the plus sign next to the act.
Hope this helps.
nric web reader - lr
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Natural Resources Information Centre
PO Box 7000
Peterborough, ON K9J 8M5
1-800-667-1940
Fax: 705-755-1677
[email protected]
http://themnrstore.mnr.gov.on.ca
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"So to summarize, native fish can be kept in an aquarium for personal use if they are acquired and transported legally. A person could purchase them from a licensed aquaculture operation or commercial fisher, or could collect them from the wild if they had the appropriate licence to collect fish."

Does this quotation mean that it is legal to keep any fish that qualifies as a "baitfish" as long as you possess a valid Ontario fishing license, are within the possession limit of 120 pieces and obtained them by legal means (ie. purchasing them at a bait shop or capture with a regulation sized dipnet)?

Thank you for your time,

Scott

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And here is the reply I got:

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Hello,

Thank you for your enquiry.

The statement provide from the Natural Resources Information Centre is correct. You may keep any fish that qualifies as a "baitfish" as long as you possess a valid Ontario fishing license, are within the possession limit of 120 baitfish and obtained them by legal means (ie. purchasing them at a bait shop or capture with a regulation sized dip net or baitfish trap).

If you require further assistance please contact the Natural Resources Information Centre at the toll free number below.

Regards,

NRIC web reader - CG
************************************
Ontario Ministry of Natural Resources
Natural Resources Information Centre
300 Water Street,P.O. Box 7000
Peterborough, ON K9J 8M5
1-800-667-1940
TTY: 1-866-686-6072
Fax: 705-755-1677
[email protected]

So as long as you have a fishing license and they're legally obtained baitfish, you can keep em! Darters, mudminnows, etc.

EDIT: For those who are interested, here is a list of the fish that qualify as baitfish:

http://www.dfo-mpo.gc.ca/regions/central/pub/baitfish-appat-on/pdf/baitfish-poissons-appats-on_e.pdf


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