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Guest hardcorefishn

Pond Access - trapping??

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Guest hardcorefishn

If I own land that has a public road running through it, can I stop someone from trapping minnows in a pond that is on the side of the public road but on my property? Also, does the owner of the minnow trap have to have any information written on the trap (ie name and address)?

Thanks,

Jim.

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Some Old Guy

Question:

If I own land that has a public road running through it, can I stop someone from trapping minnows in a pond that is on the side of the public road but on my property? Also, does the owner of the minnow trap have to have any information written on the trap (ie name and address)?

MNR Answer:

While you may own all the land around a pond or along a river and may even own the bed of the pond or river (depending on the details of your property deed), you do not own the water or the fish in the water. However, as the property owner, you have the right under the Trespass to Property Act to restrict access across your property. If the only way to get to the pond is across your land, by posting your property at the normal points of access according to the criteria described in the Trespass to Property Act, you can stop people from going to the pond. If someone can get to the pond without travelling on your property, such as by flying in by aircraft, using adjoining Crown land or private property where they have permission, or by using a boat if the pond is connected to a waterway that is deemed navigable, you would probably be unable to stop them from accessing the pond to trap minnows. I'm not sure what you mean by a "public" road, but depending on its legal status and how close the pond is to the road, it may provide the public with access to the pond. You may wish to consult with a lawyer who can look at the specific details around the location of the pond and the road and provide you with a definitive answer as well as confirming where your property boundaries are in relation to the road.

To catch bait, resident anglers may use only one baitfish trap no more than 51 cm long and 31 cm wide. It must be clearly marked with the name of the user and can be used day or night at any time of the year in all Divisions except Divisions 13 and 23. There may be additional restrictions on specific waterbodies so check the Exceptions to the General Regulations section of the Ontario Recreational Fishing Regulations Summary for additional regulations.


R.T.R. Respect the resource!

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