SnipeHunter
01-17-2021, 09:56 PM
This is a response I got from the province in June 2019. I'm just posting it here for others that might make use of it.
<SnipeHunter> thanks for your interest in Alberta’s fisheries resource, specifically crayfish. I have responded to your queries below. In addition to your interpretation of the regulations you should be aware that:
Section 8(1) of the general regulations prohibits the possession of live crayfish and any crayfish retained must be dead before leaving the waters (5 meters from the shoreline) in which they were captured.
The definition of fish in the Fisheries Act includes shellfish and crustaceans, thus includes crayfish.
Section 19(g) of the Alberta Fisheries Regulation states: “No person shall angle using any fish as bait, other than dead bait fish, dead smelt, dead herring, dead shrimp, dead fish eggs or the skin, fins or eyes of game fish caught by angling.” This means crayfish cannot be used as bait in Alberta.
Section 9 of the general regulation prohibits the sale of fish, including crayfish, unless you have a licence that authorizes the buying or selling of the fish. Any crayfish creeled by yourself would be for personal use only.
If you have further questions feel free to contact me.
<Specialist>
Provincial Fish Culture Specialist
Fisheries Management Policy
Hi,
First - thank you for your time.
The guide says -
When fishing for crayfish using a dip net, seine net, trap or by hand, a sportfishing licence is not required and is permitted at any time of year.
So catching crayfish in West Nose Creek is permitted. Correct
But the guide also says -
The collection of bait fish is not permitted in waters having a bait ban or restriction on the use of bait fish, and in some other specified waters.
West Nose Creek is in ES1 & therefore has a bait ban so trapping minnows is not permitted. Correct
The general regulation AR 203/97 Amendment 203/16 Subsection 8(2) states:
A person is not in possession of fish for the purposes of subsection (1) if, in the course of fishing, it is immediately returned to the waters from which it is taken and is released in a manner that causes it the least harm.
My intent is to catch crayfish. So any by-catch including minnows & trout should be returned live to the water immediately. It seems that I can use a crayfish trap in this way without being assumed to be 'collecting' bait fish. Correct
The ministerial regulation AR 220/97 Amendment 182/2017 Subsection 2(1)(a) states:
“bait” means organisms, alive or dead, intended for use as a fish attractant when attached to a hook or line used for angling, except that “bait fish” means the species of fish set out in Schedule 3.
This would seem to indicate that baiting a crayfish trap is not subject to the bait ban on ES1 streams like West Nose Creek as no hook is involved. Correct
The 2019 guide states:
Sportfishing – means angling (using hook and line), bowfishing or spearfishing, but also includes using a minnow trap, seine net or dip net to collect bait fish for personal use.
My intent is to catch crayfish, not collect bait fish. Therefore I am not sportfishing. Correct
The guide also says:
It is unlawful to - Use lights to sportfish unless the light is attached to a hook or line used in angling. This includes visible lights that are emitted by underwater cameras.
Since I am collecting crayfish and therefore not sport-fishing, it seems that using a light source in a crayfish trap (such as a glow stick) is legal. Correct
Would you please take a moment to comment on any Alberta Fisheries regulations I'm ignorant to or interpretation errors I've made?
As important for my citizenship goal - can you make clear any ministerial concerns (other than the basic non-live transport & trap size requirements) with collecting methods for crayfish in waterways like west nose creek? If I decide to proceed with buying some crayfish traps, I was planning to make up some stainless steel tags with the same information required for minnow trap but a marking stating 'crayfish trap'.
Thank you again for your time.
Sincerely,
<SnipeHunter>
<SnipeHunter> thanks for your interest in Alberta’s fisheries resource, specifically crayfish. I have responded to your queries below. In addition to your interpretation of the regulations you should be aware that:
Section 8(1) of the general regulations prohibits the possession of live crayfish and any crayfish retained must be dead before leaving the waters (5 meters from the shoreline) in which they were captured.
The definition of fish in the Fisheries Act includes shellfish and crustaceans, thus includes crayfish.
Section 19(g) of the Alberta Fisheries Regulation states: “No person shall angle using any fish as bait, other than dead bait fish, dead smelt, dead herring, dead shrimp, dead fish eggs or the skin, fins or eyes of game fish caught by angling.” This means crayfish cannot be used as bait in Alberta.
Section 9 of the general regulation prohibits the sale of fish, including crayfish, unless you have a licence that authorizes the buying or selling of the fish. Any crayfish creeled by yourself would be for personal use only.
If you have further questions feel free to contact me.
<Specialist>
Provincial Fish Culture Specialist
Fisheries Management Policy
Hi,
First - thank you for your time.
The guide says -
When fishing for crayfish using a dip net, seine net, trap or by hand, a sportfishing licence is not required and is permitted at any time of year.
So catching crayfish in West Nose Creek is permitted. Correct
But the guide also says -
The collection of bait fish is not permitted in waters having a bait ban or restriction on the use of bait fish, and in some other specified waters.
West Nose Creek is in ES1 & therefore has a bait ban so trapping minnows is not permitted. Correct
The general regulation AR 203/97 Amendment 203/16 Subsection 8(2) states:
A person is not in possession of fish for the purposes of subsection (1) if, in the course of fishing, it is immediately returned to the waters from which it is taken and is released in a manner that causes it the least harm.
My intent is to catch crayfish. So any by-catch including minnows & trout should be returned live to the water immediately. It seems that I can use a crayfish trap in this way without being assumed to be 'collecting' bait fish. Correct
The ministerial regulation AR 220/97 Amendment 182/2017 Subsection 2(1)(a) states:
“bait” means organisms, alive or dead, intended for use as a fish attractant when attached to a hook or line used for angling, except that “bait fish” means the species of fish set out in Schedule 3.
This would seem to indicate that baiting a crayfish trap is not subject to the bait ban on ES1 streams like West Nose Creek as no hook is involved. Correct
The 2019 guide states:
Sportfishing – means angling (using hook and line), bowfishing or spearfishing, but also includes using a minnow trap, seine net or dip net to collect bait fish for personal use.
My intent is to catch crayfish, not collect bait fish. Therefore I am not sportfishing. Correct
The guide also says:
It is unlawful to - Use lights to sportfish unless the light is attached to a hook or line used in angling. This includes visible lights that are emitted by underwater cameras.
Since I am collecting crayfish and therefore not sport-fishing, it seems that using a light source in a crayfish trap (such as a glow stick) is legal. Correct
Would you please take a moment to comment on any Alberta Fisheries regulations I'm ignorant to or interpretation errors I've made?
As important for my citizenship goal - can you make clear any ministerial concerns (other than the basic non-live transport & trap size requirements) with collecting methods for crayfish in waterways like west nose creek? If I decide to proceed with buying some crayfish traps, I was planning to make up some stainless steel tags with the same information required for minnow trap but a marking stating 'crayfish trap'.
Thank you again for your time.
Sincerely,
<SnipeHunter>