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from Ontario of of Doors Mag a few years back
Q: Our twitter follower @JohnnyWieringa asks if he can take a photo of a fish that is accidentally caught out of season even if it’s released afterward?
A: No. Any fish that is caught when the season for that species of fish is closed must be immediately returned to the water. Keeping the fish out of the water to take a photograph, weigh or measure it is not necessary and may reduce the likelihood of survival for the fish. This long-standing rule applies whether the fish is caught during the closed season, is of a restricted size, or is caught by gear which is illegal for that species of fish.
Mark Robbins, Provincial Enforcement Specialist, Enforcement Branch, Ministry of Natural Resources
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Member No.: 4783
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I agree.... to properly take out the hooks you will hold the fish for a bit so why not snap a shot then as you properly revive it? I think you could make a case with that.... action photo of a good release?
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Member No.: 7554
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That's good to know. I'm wondering if that is outlined in the fishing regulations book anywhere? I've gone thru the book and couldn't find it in there but if it's law they definitely should add it.
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Not the first time this has come up. If you are with another person, they can video/photograph the entire encounter from landing to release no problem, you however cannot take that extra moment for the "photo op" where you hold up the fish to show it off.
Again, to be clear, a photograph taken by a 3rd party while you are doing your best to release the fish immediately is okay.
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Some anglers are rough with fish that are to be released. Some anglers place / drop their catch on the floor of their boat, or simply handle them with their dry hands. It's best to have wet hands. Dry hands tend to remove / affect the protective slime coating on the fish. Fishing nets, low quality netting may affect the skin of the fish also. Most anglers make every effort to handle / release their fish properly.
When releasing a fish most will say that all went well. I would guess that in most cases release and the fish recovering comes out well. In some cases the released fish is still in shock and is lethargic making them a target for a predator fish or bird.
If this MNR rule / policy bothers you, go join in on MNR meetings and officially participate in making positive changes. Otherwise prepare for this same discussion in the months to come.
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I was reading an MNR q and a a while ago, this question was asked. Now mind you this q and a was about 10 years old, but the response was that while it is technically by the book illegal, if one handles the fish properly, and treats it fairly for a quick pic, it would be like a officer charging you for going 101 on the 401, while technically it could happen, it would only happen if its in conjunction with something else. Ill try and find link, and yes, that 401 reference was part of MNRs response.
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I agree with the above. If you handle the fish gentle and quickly take a pic... Most if not all CO will let that go without a second thought. But I have seen a group of people catch a bass in May and pass it around like blunt and took turns taking pics for 5 minutes before the fish went back into the water.
pictures of out of season fish, fyi..... 
