Fishermen might want to double check what’s in their traps before tossing them overboard, as using bait contrary to fishing regulations can lead to some pretty hefty fines.
That’s just what happened to P.E.I. Fisherman Kenneth Griffin, who was charged with possession of female Rock crabs by Department of Fisheries and Oceans (DFO) officers back in October 2015. A regulatory offence, not a Criminal Code offence specified as requirement 53(a) in the Atlantic Fishery Regulations first established in 1985.
Griffin has been a licensed lobster fisherman since 2001, fishing more than 250 traps in West Point Harbour in P.E.I. DFO officers were patrolling Griffin’s fishing area when a trap was found containing two female Rock crabs impaled on a bait spike. The trap was identified as Griffin’s.
Female Rock crabs, along with Dungeness crabs, Snow crabs, and other species depending on the region, must be released if caught in order to protect the population size by allowing the females to reproduce. Size limits are also placed on male crabs, to ensure they are able to reproduce at least once before they are harvested. Female rock crabs can lay up to 2.5 million eggs at a time.
Griffin claimed the crabs he purchased for bait around that time were from Kildaire Bait & Lobster, and he assumed all the crabs within the purchased crate were male without further inspection. However, the female crabs might have also be found within Griffin’s traps themselves and then mistakenly used for baiting.
Two “helpers” of Griffin were the ones that placed them on the bait spike. When questioned about the training they received in regards to discerning males form females, Griffin stated in court, “Just your basic turn it over, if it’s female, throw it over, if it’s a male use it. If it’s not, put it in the crate or just use your judgment.”
Neither of the two helpers testified at trial that took place in July 2016, wherein Griffin was issued a fine of $1,500.
A month later Griffin and his attorney John Maynard filed a notice of appeal, questioning the conviction. Maynard says the issue was Griffin’s state of knowledge in the use of the crabs. “I’ve had people plead guilty to using female crab but this is the first one that I’ve fought,” says Maynard. “How the fishermen that I’ve had before that have plead guilty got female crabs is out of their [own] lobster traps.”
“I don’t think this kind of enforcement is appropriate,” says Maynard. “I think it puts fishermen at risk…”
Communications Advisor for Fisheries and Oceans Canada, Kirsta Petersen, was able to confirm the number of times this charge has been laid out in this area. She says, “In DFO’s Gulf Region a total of 47 charges have been laid under Section 53(a) of the Atlantic Fishery Regulations in the last 10 years.” This includes the use of both Rock crabs and Snow crabs.
Voice of Kenneth Griffin's Lawyer John Maynard on why he is contesting this case with an appeal.
Judge Tracey Clements of the Prince Edward Island Supreme Court dismissed the appeal on June 30, 2017. However Griffin and Maynard plan to bring it forward to the P.E.I. Court of Appeal as well. “This is a summary conviction appeal, so the first appeal is to a judge of the Supreme Court trail division and an appeal from [Judge Clements’] decision is to the Court of Appeal,” says Maynard.
The case could also be taken to the Supreme Court of Canada, but Maynard states since only a fraction of cases are even accepted for a hearing it is very unlikely.
This case can come as a warning to other fishermen in the Atlantic regions, that even if completely unintentional, it might still help to give your traps a second check to make sure female crabs aren’t the bait luring in your next catch.