Byelaw XX (20) states it is illegal to use edible crab (Cancer pagurus) as bait, soft-shelled or berried. The distinction between collecting or using is a tenuous one as there are still minimum landing sizes for the species (130mm). So if you have a bucket of edible crabs below the MLS you are in breach of the byelaw, if the intent is to use them as bait, then that is a separate byelaw, which can also carry a stringent penalty.
There can be no justification for retaining juvenile fish, coalies or any species, for pike bait or otherwise. I do not like the inference that pike anglers go sea angling (pier fishing) to collect bait for piking, I wonder why they don\'t use roach or rudd or other small cyprinid alternatives, is this because its illegal. This illustrates the problems that angling still has, especially those who are not regular sea anglers or those that should know better, god forbid we can\'t break freshwater regulations, but it doesn\'t matter about sea fish. Similarly, there is no legal reddress for the retention of juvenile (undersized fish), if the fish is below MLS then its illegal, whatever the arguement. What if you don\'t catch enough or any coalies for a piking session, will whiting, codling etc. have to do.
Before anyone asks, yes I\'ve used small pouting as deadbait for ling on wrecks, only when the fish is dead or the depth is too great for the fish to return, these fish are then despatched as humanely as is possible. I could count on the fingers of one hand the number of times that this has been done, as I prefer mackerel as a ling bait anyway. However, more importantly there is no MLS for pouting.
Sorry Mickey, but in this instance there is no justification, legally and or theoretically.