While I understand the point your trying to make, what you've said is not entirely accurate. People you "gift" fish to are not required to hold a license, and you are permitted to have fish in your freezer for others that you intend to "gift" it too. You are not required to physically give them to that person for them not to count against your possession limit. All that is required is that any fish you have in your freezer are CLEARLY marked as to whom they belong too for them not to count against your limit. I didn't know about "gifting" until last year, so I called the ministry to get clarification about it. I posted about it last year, but I didn't go into huge detail because it was a VERY long explanation.
Since it's come up tho, HERE is that explanation to me directly from the Ministry regarding "gifting."
Over the years, I've been close to my personal possession limit a few times for Perch and last year for Walleye as well, but because I didn't want to risk being over my personal possession limit, I've given away a lot of fish over the years (especially last year.)
Late last year, someone I know was telling me that I was giving away fish I didn't have to give away because I could "gift" it to my wife and it wouldn't count against my possession limits. While I knew I could give fish away, and I've done so quite often, I didn't know what he meant by "gifting" it to my wife, or how it wouldn't count against my possession limit being the only one with a license in my home, so I called the Ministry to get clarification.
What I was told by the Ministry when I called and asked about "gifting" fish to others and what that meant to my possession limit was this and I quote the Ministry person I spoke with: (anything I have bolded here comes directly from the Ministry person I spoke with.)
"ANYONE who holds a valid fishing license may give fish they have caught to anyone they wish, whether the person they are giving those fish to holds a license or not. It is considered "gifting." Daily limits apply and any fish you "gift" to others still counts against your daily limit, but they do NOT count against your personal possession limit once you have given them away."
That didn't really answer my question, so I asked him a more specific question regarding how many I can have in my freezer given I am the only one in my home who holds a valid fishing license and it's just my wife and I. So using my wife and I as the example and the walleye limit for zone 19 and the provincial possession limit (6) as the species and limit applicable, what he told me was:
"You may go out on any given day, catch your daily limit of walleye in zone 19, which is 6, and bring them home. You may NOT go back out and catch any more walleye and keep them that day. HOWEVER, it is perfectly legal for you to go out the next day, catch another limit of 6, bring them home and "gift" them to your wife, which would put 12 (a 2 person limit) in your freezer PROVIDING that the fish you have "gifted" to your wife are CLEARLY marked with her name, and the date they were caught. SHE IS NOT REQUIRED to have a license if someone is "gifting" her fish, (even if you are the one to be gifting it to her.) Only the person who caught them is required to hold a license, and since that person, in this case you, has caught them legally, and then given them away, or "gifted" them to another, they do not count against your possession limit even if they are in your freezer, but they DO count against your daily limit. The reason they don't count against your possession limit is, you gifted them to your wife, and provided they are marked as such, they are no longer considered yours."
When I asked him how that was possible if she didn't have a license, he answered me saying:
"The reason she doesn't have to hold a license if she is being "gifted" fish is because there are many who will eat fish, but who do not, will not, or can't go out and catch it themselves."
He asked if I had any kids, I told him I have a son from a previous relationship who lives in the area, but no longer lives at home. He went on to tell me that:
"You could go out a third day and catch yet another limit of 6 and put them in your freezer for your son if you wanted to, and that too would be legal PROVIDING they are clearly marked as belonging to him, and when they were caught. He does NOT have to reside with you, so it is possible in this hypothetical as I have explained it to you, that over a 3 day period, you have caught 18 walleye, and you have all 18 in your freezer, but because you have "gifted" 6 to your wife, and 6 to your son, provided they are CLEARLY marked as belonging to your wife and CLEARLY marked as belonging to your son, even if you are holding them in your freezer, even though you are the only person in your home who holds a valid fishing license, you would NOT be over your personal possession limit, and therefore you have not done anything illegal because those fish you have chosen to "gift" to others, even if they are being held in your freezer, even if someone you have chosen to "gift" them to lives with you, they do not count against YOUR possession limit because essentially, you have given them away.
BUT....IF you have "gifted" fish to others and it is being held in your freezer, ie your wife or your son, they still cannot exceed provincial possession limits for each person to whom fish is marked as belonging to in your freezer or you and they would be in violation and subject to the applicable penalties."
So to make sure I completely understood what he had told me, I asked him, "so when talking about walleye from zone 19 as the example, so long as what I have in my freezer is properly marked, using the hypothetical used, 6 marked with my name, 6 with marked with my wife's name, and 6 with my son's, that IS perfectly legal even though I am the only one with a license and even though they would all be in my freezer?" He responded with a simple:
"YES, that is correct!
BUT if you were to have more than your personal walleye possession limit (6) in your freezer, and none of it was clearly marked as belonging to someone else, (ie your wife, or your son) THAT is illegal, as it would be assumed none were being "gifted" and they would ALL count towards your possession limit as the only one with a valid license, which of course would put you 12 over and you would face the applicable penalties.
Likewise, if you have "gifted" fish to others and hold it in your freezer, make sure that what you hold for others does not exceed the individual provincial possession limit per person, because if for example you have "gifted" a limit to your wife, and one to your son, but you have in your freezer additional packages marked as being theirs that puts them over the individual possession limit, THEY would be held accountable, and since you are the one who caught them and then "gifted" them, you would face not only the same penalties they would, but also additional ones as the one who initially caught the fish."
Now, all that said, I don't and won't ever exceed my daily or possession limit on any species, and obviously because I have given away so many fish over the years fearing going over my possession limit, I'm not about to start now. While I knew I could give fish away, I didn't know about "gifting," and how it impacted MY possession limits.
Now, I do, and it's good to know that I can legally put a 2 person limit of walleye in my freezer, 6 for me, and 6 that I can "gift" to my wife. It's also nice to know that I can do the same with perch (if the little buggers will cooperate) because I've been giving away a lot of fish over the years that I did not have to give away by not knowing or perhaps not understanding this little gem of information.
I always thought that as the only one with a license in my home, I could only have what my license allowed in regards to possession limits, which is why I either threw fish back, or gave them away, so I didn't go over because while I have always understood daily catch limits, I didn't know or understand that I could "gift" fish to my wife and it wouldn't count against my possession limits.
I moved back to Ontario a little over 10 years ago, we got married 6 1/2 years ago, and in that time I have thrown back or given away more fish than I've caught so I didn't go over my possession limit because I did not know what I just explained to you about "gifting" fish to others as it was explained to me by the Ministry.
