Regulations Amending the Alberta Fishery Regulations, 1998: SOR/2018-34

Canada Gazette, Part II: Volume 152, Number 6

Registration

March 7, 2018

FISHERIES ACT

P.C. 2018-195 March 6, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43 ^{footnote a} and subsection 79.7(5) of the Fisheries Act ^{footnote b}, makes the annexed Regulations Amending the Alberta Fishery Regulations, 1998.

Regulations Amending the Alberta Fishery Regulations, 1998

Amendments

1 Paragraph 24(a) of the Alberta Fishery Regulations, 1998 ^{footnote 1} is replaced by the following:

• (a) for any fish other than bait fish or crayfish; or

2 Item 9 of Part 1 of Schedule 1 to the Regulations is amended by adding the following after paragraph (g):

Item	Column 1 Common Name	Column 2 Scientific Name
9	(h) Tiger trout	Salmo trutta X Salvelinus fontinalis

3 (1) The portion of item 1 of Schedule 5 to the Regulations before paragraph (a) in column 1 is replaced by the following:

Item	Column 1 Species
1	Trout and Arctic grayling combined [total of (a) to (i)]

(2) Item 1 of Schedule 5 to the Regulations is amended by adding the following after paragraph (h):

Item	Column 1 Species	Column 2 Waters	Column 3 Quota	Column 4 Prohibited Length
1	(i) Tiger trout		1	0 to 5 cm

4 (1) The portion of item 1 of Schedule 6 to the Regulations before paragraph (a) in column 1 is replaced by the following:

Item	Column 1 Species
1	Trout and Arctic grayling combined [total of (a) to (i)]

(2) Item 1 of Schedule 6 to the Regulations is amended by adding the following after paragraph (h):

Item	Column 1 Species	Column 2 Quota
1	(i) Tiger trout	1

5 The portion of items 26 to 28 of Schedule 9 to the Regulations in column 2 is replaced by the following:

Item	Column 2 Description of Offence
26	Fishing with dip net for fish other than bait fish or crayfish
27	Fishing with seine net for fish other than bait fish or crayfish
28	Fishing with minnow trap for fish other than bait fish or crayfish

Coming into Force

6 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Under a long-standing agreement with the federal government, the Government of Alberta manages the province’s freshwater fisheries through the Alberta Fishery Regulations, 1998 (the Regulations) made pursuant to the federal Fisheries Act. All amendments to the Regulations must be made by the Governor in Council. Alberta’s Ministry of Environment and Parks (the Ministry) is the provincial government body responsible for fisheries and wildlife management in Alberta. The Ministry has requested amendments in two distinct management areas: Tiger Trout and Virile Crayfish.

While Tiger Trout have been a part of Alberta’s recreational fishery since 2015, fishing for the species cannot be regulated at this time because Tiger Trout are not listed as a species of game fish in the Alberta Fishery Regulations, 1998.

Current authorized capture methods for crayfish are inefficient and limited. They include angling, catching by hand, and crayfish traps. The use of dip nets, minnow traps, and seine nets is currently prohibited, leaving anglers unable to use these more efficient types of gear for harvesting crayfish. Additionally, while the use of crayfish traps is authorized within the Regulations, minnow traps are not. This is problematic because the minnow and crayfish traps most commonly used in Alberta are so similar in design and function that they are virtually indistinguishable from one another, presenting a significant difficulty for enforcement officers.

Background

Tiger Trout

Tiger Trout are a popular sport fish that are stocked in recreational fisheries in Saskatchewan and Manitoba, as well as many American States. More recently, the species was introduced in Alberta in response to angler’s stated desire that the province’s stocked trout fisheries provide more diversity of species and potential for larger fish.

Tiger Trout are a sterile hybrid cross between Brook Trout and Brown Trout, and are not known to interact or interfere genetically with other species. They are produced by Alberta Government Fish Culture Stations from surplus pre-established brood stock. These facilities have no history of pathogens or parasites. Additionally, the Tiger Trout is stocked in previously established stocked trout water bodies. Therefore, the risk of introduction of parasites and fellow travellers is at the same level as with other trout species stocked by government facilities in Alberta. While Tiger Trout are more likely than other stocked trout to prey on other fish species, they are stocked in waters that have abundant prey species and low value for biodiversity in Alberta. Furthermore, Tiger Trout are stocked only in closed-system water bodies to provide a unique trout fishery without risk of escapement or establishment.

The stocking of Tiger Trout into closed water systems was evaluated by the Alberta Introductions and Transfers Committee in 2015 and determined to be of “Low” overall risk to Alberta’s ecology. Tiger Trout were subsequently approved, by the Executive Director of Fisheries and Wildlife Management in Alberta, as a species approved for stocking in Alberta. In the fall of 2015, the Ministry stocked three test lakes with Tiger Trout. From there, the stocking program has expanded over the years, and currently approximately 50 000 Tiger Trout are being stocked in select lakes in Alberta, as part of a targeted recreational fishery. There is no expected impact to First Nations rights, given that Alberta Fisheries Management does not stock trout where native fish populations already exist, or on Indigenous lands.

Virile Crayfish

Historically, the presence of the Northern or Virile Crayfish (Orconectes virilis) in Alberta was thought to be limited to the Beaver River system in northern Alberta, and the crayfish were not detected outside of the Beaver River drainage during an extensive survey across Alberta in 1964. The earliest observations of the Virile Crayfish in northern Alberta, outside the Beaver River drainage were in 1992 and 1993 from locations in the Battle and North Saskatchewan rivers close to the Alberta-Saskatchewan border.

Virile Crayfish is the most wide-ranging crayfish species in Canada and North America, with a core distribution ranging west to east from Alberta and Montana to Maine and New Brunswick, and north to south from the northern Prairie provinces to Texas. Virile Crayfish, the only species of crayfish in Alberta, is now common in almost all regions of the province, and is seen as an invasive/pest species by some.

Objectives

The objectives of the amendments are to

1. update the necessary schedules to include Tiger Trout as a species that can be regulated as a game fish in Alberta. This will allow the Ministry to assign possession limits, quotas and size limits so that the harvest of Tiger Trout can be regulated to meet the management objectives for the species in Alberta;and
2. amend the Regulations to allow the use of dip nets, minnow traps, and seine nets to harvest Virile Crayfish in Alberta. This would ensure anglers who are interested in harvesting the species are given a range of viable gear options to do so, as well as eliminate the need for enforcement officers to differentiate between two virtually identical trap types.

Description

In regards to regulating the fishing of Tiger Trout and the harvesting of Virile Crayfish, the following amendments will occur:

1. The addition of the species name of Tiger Trout to Schedule 1, Part 1: Species of Game Fish; Schedule 5: Sportfishing Quotas and Size Limits; and Schedule 6: Possession Limits of the Alberta Fishery Regulations, 1998.
2. The amendments will modify paragraph 24(a) Alberta Fishery Regulations, 1998 to add crayfish as an exemption to the Dip Net, Minnow Trap and Seine Net Restrictions. Items 26, 27 and 28 of Schedule 9: Prescribed Offences and Fines, will be amended by adding “or crayfish” at the end of each.

“One-for-One” Rule

The “One-for-One” Rule requires regulatory changes that increase administrative burden costs to be offset with equal reductions in administrative burden. In addition, ministers are required to remove at least one regulation when they introduce a new one that imposes administrative burden costs on business.

The “One-for-One” Rule does not apply to these amendments, as there are no expected increases in administrative costs or burden to business.

Small business lens

The objective of the small business lens is to reduce regulatory costs on small businesses without compromising the health, safety, security and environment of Canadians.

The small business lens does not apply to these amendments, as they will not result in increased compliance or administrative costs on small business.

Consultation

Tiger Trout

During the summer of 2015, the Government of Alberta conducted an on-line survey to assess public acceptance for Tiger Trout in nine waters. The survey resulted in approximately 750 responses with over 75% support for the stocking of Tiger Trout and the use of restrictive regulations (either catch-and-release or keeping one fish over 50 cm in size). The Tiger Trout stocking program was also requested by Alberta Fish & Game Association members and Edmonton Trout Club, and support was also noted during staff interaction with anglers at lakes and fishing trade shows. Fisheries management officials at the Ministry of Environment and Parks received numerous calls and requests supporting the stocking of Tiger Trout in Alberta. In 2014–2015, the provincial Minister of Environment and Parks received letters of support from the town of Hanna, one special areas board and several fishing organizations.

Since stocking the Tiger Trout in 2015, Alberta Fisheries Management has received considerable criticism for not being able to regulate the harvest of this desirable and prized species. For example, the Ministry has received approximately 10–12 phone calls per year from stakeholders criticizing its inability to regulate Tiger Trout. The same criticism has also surfaced in social media forums. No opposition to regulating fishing for Tiger Trout has been noted.

Virile Crayfish

In 2014–2015, an additional public engagement initiative was commissioned by the Ministry to review the Alberta Fishery Regulations, 1998. Stakeholder and public feedback was sought on various management areas, including the harvesting of Virile Crayfish. The objective of the consultation initiative was to collect public feedback, which could then be reflected in the Ministry’s decision-making on regulatory change. The consultation methods consisted of online surveys, online discussions and mail outs. In total, 1 154 respondents replied to various areas of the survey.

In order to include those stakeholders with a known interest in fisheries management, strategic consultation was aimed at a core sample of key stakeholders, including individual anglers, Alberta Fish & Game Association members, Edmonton Trout Club, campground operators, municipalities, and other associations that support sportfishing,

During this review of the Regulations, an invitation to participate in the survey was sent to approximately 100 organizations representing Indigenous groups. Among Indigenous individuals who completed the survey, only three respondents were interested in fishing for crayfish using alternative methods, the remainder were either unsure or not interested. There was no expressed opposition to the use of seine nets, dip nets or minnow traps for harvesting crayfish by Indigenous groups in Alberta.

Within the 2014–2015 survey, 28.5% of respondents showed interest in harvesting crayfish and requested the authorization for crayfish to be harvested using other gear types than those currently authorized. The Ministry receives about three to four phone calls a year asking if minnow traps can be used to capture crayfish. There is no known opposition for this amendment.

Rationale

Tiger Trout

The amendments will ensure that there is an accurate and up-to-date listing of sport fish species that can be regulated in Alberta. The amendments will allow quotas and size limits, and provincial possession limits, to be set, and modified by variation order. These amendments seek to ensure that provisions of the Alberta Fishery Regulations, 1998 are applicable to the Tiger Trout species, improve conservation efforts, and make enforcement and administration of the Regulations possible and comprehensive.

Tiger Trout are reared and stocked in Alberta to enhance and diversify fishing opportunities for anglers. Tiger Trout fisheries provide a unique recreational opportunity in the areas they are stocked and improve angler satisfaction. Certain Alberta waters are stocked with trout specifically to promote the use of provincially stocked trout fisheries by resident and non-resident anglers. The provincial stocking program is designed to meet user group expectations and demands.

Sportfishing in Alberta is highly valued, generating expenditures and investments totalling $463M. This includes expenditures on activities (boating equipment, camping equipment, special use vehicles, fishing packages for tourism), fishing equipment and supplies (bait and tackle), cost of food, lodging and transportation. According to the 2010 Canadian Angler Survey, approximately 25% of all angling in Alberta occurs at stocked waters. With the increased angler demand, the Tiger Trout is expected to generate an increase in expenditures and investments.

Increased costs are not anticipated as a result of including Tiger Trout as a regulated game fish species in Alberta. No additional administrative requirements, licencing or compliance measures are being proposed for the management of stocked Tiger Trout. Fish stocking in Alberta is a public service funded by the provincial government and delivered by provincial government staff. The ability to regulate fishing for Tiger Trout is expected to have a positive effect on small business in Alberta by increasing, for example, participation in recreational fishing.

Virile Crayfish

The amendments will allow the harvest of Virile Crayfish through the use of a trap whether it is a minnow trap (currently not authorized) or a crayfish trap (currently authorized) which are similar in design and function, thus making enforcement of the regulations easier. Further, it will allow the capture of crayfish using more efficient equipment such as seine nets and dip nets of the same dimensions that are currently used to capture bait fish.

There may be some benefits to Albertans on an individual level, as Virile Crayfish are harvested for personal use. There is no commercial industry for the crayfish.

Furthermore, no administrative, licencing or regulatory requirements are being proposed for the harvest of crayfish. Licences are not currently issued for the harvesting of crayfish, and this will not change.

Implementation, enforcement and service standards

No additional enforcement or compliance activities are required to regulate the fishing of Tiger Trout, above and beyond what is already in place for regulated sportfishing. No changes will occur in enforcement for harvesting Virile Crayfish.

Contacts