Crayfish Regulations Clarification

[SnipeHunter]

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>

[pikeman06]

While your intentions are pure, with the sheer amount of people out and suddenly becoming " outdoorsmen" i would make your traps as inconspicuous as possible or they will be gone regardless of what you do. I used to trap minnows out of trout ponds and would set them while people were in plain sight fishing once in awhile, come back in ten minutes and there would be someone packin my minnow trap back to their truck. Made for some good conversations about humanity and theft of personal property, usually in front of their children. I built my own traps and marked them as per regulations so I was free to state my case. But lost traps steady if they were visible. The thing with killing crayfish instantly then eating them in alberta they taste pretty muddy. They need to go into salty water that makes them pass all that muddy crap thru but they can't do that if they are dead which is law if you travel with them.

[SnipeHunter]

Thanks for the tips.

The part of the creek I use is turbid so that help. A tent peg & some olive green paracord keeps it anchored.

This study looked at purging.

https://www.lsuagcenter.com/portals/...rging-crawfish

Next time I'll bring a 20L pail of salt water and get it right in the creek with me for 10 minutes.

[the local angler]

the only thing i couldn't get an answer out of them regarding the crayfish was when you use a crayfish trap most would put a slice of bread or a tin of catfood in the trap before setting. i was told by some reputable people that that is allowed but i wanted confirmation from fish and wildlife too. they told me the opposite. this is the response i got from them.
Hi,...... Bait is defined as an attractant or organism (alive or dead), with scent or flavour intended to attract fish when attached to a hook or line used in angling. This includes, but is not restricted to: corn, cheese, marshmallows, meat, maggots, meal worms, earthworms, wax worms, gammarus shrimp, leeches, terrestrial insects, the larvae, pupae or adults of aquatic insects (e.g., stonefly, mayfly, caddis fly), bait fish, parts of fish, fish eggs, scented baits, power baits and all additives that scent or flavour artificial baits and lures.

More information about fishing with bait can be found here: http://albertaregulations.ca/fishing...ishingwithbait

i'm a bit confused to if putting bait in the bait trap for crayfish is allowed or not. they seemed to be not sure too.obviously if you are in a region with a bait ban it pretty obvious not allowed but i was in an area where bait was allowed.

[fish99]

Originally Posted by the local angler

the only thing i couldn't get an answer out of them regarding the crayfish was when you use a crayfish trap most would put a slice of bread or a tin of catfood in the trap before setting. i was told by some reputable people that that is allowed but i wanted confirmation from fish and wildlife too. they told me the opposite. this is the response i got from them.
Hi,...... Bait is defined as an attractant or organism (alive or dead), with scent or flavour intended to attract fish when attached to a hook or line used in angling. This includes, but is not restricted to: corn, cheese, marshmallows, meat, maggots, meal worms, earthworms, wax worms, gammarus shrimp, leeches, terrestrial insects, the larvae, pupae or adults of aquatic insects (e.g., stonefly, mayfly, caddis fly), bait fish, parts of fish, fish eggs, scented baits, power baits and all additives that scent or flavour artificial baits and lures.

More information about fishing with bait can be found here: http://albertaregulations.ca/fishing...ishingwithbait



i'm a bit confused to if putting bait in the bait trap for crayfish is allowed or not. they seemed to be not sure too.obviously if you are in a region with a bait ban it pretty obvious not allowed but i was in an area where bait was allowed.

i think the regs say no bait for sport fish , and i would say crayfish are not sport fish so i would say it would be ok in a trap

[EZM]

Originally Posted by the local angler

the only thing i couldn't get an answer out of them regarding the crayfish was when you use a crayfish trap most would put a slice of bread or a tin of catfood in the trap before setting. i was told by some reputable people that that is allowed but i wanted confirmation from fish and wildlife too. they told me the opposite. this is the response i got from them.
Hi,...... Bait is defined as an attractant or organism (alive or dead), with scent or flavour intended to attract fish when attached to a hook or line used in angling. This includes, but is not restricted to: corn, cheese, marshmallows, meat, maggots, meal worms, earthworms, wax worms, gammarus shrimp, leeches, terrestrial insects, the larvae, pupae or adults of aquatic insects (e.g., stonefly, mayfly, caddis fly), bait fish, parts of fish, fish eggs, scented baits, power baits and all additives that scent or flavour artificial baits and lures.

More information about fishing with bait can be found here: http://albertaregulations.ca/fishing...ishingwithbait

i'm a bit confused to if putting bait in the bait trap for crayfish is allowed or not. they seemed to be not sure too.obviously if you are in a region with a bait ban it pretty obvious not allowed but i was in an area where bait was allowed.

Your definition is for "BAIT" there is a separate and distinct definition for "BAIT FISH" .... that's a common misconception - so, understanding that dostinction, if you go back and look at the regs now .... there's a good chance it makes more sense to you now.