Can You Keep A Wild Fish As Pet Legally

#1

Cu455

• 
• NANFA Guest

Posted 01 April 2022 - 03:21 PM

I started a thread about keeping NY natives in the aquarium. Several people mentioned that it is illegal to proceed them as pets. I have seen natives sold at pet shops, fish markets and bait stores. I also spoke with the DEC a few years ago and today virtually this topic. Both times I was told equally long as it was taken in a legal manner and is of size information technology volition exist fine to keep. I came across a thread where someone stated that information technology isn't Dec regulations but with country penal code. I was looking for laws that pertain to fish collecting and this is what I came upwards with.

The definition of wildlife exempts fish. The definition of wild fauna is limited everything on the list, which fish is not.

T

Ane detail which was brought up is the possession of native species. The first part of the law speaks about native wildlife, which by definition does not include fish. The last few sentences mention native fish. It says that the DEC can determine that the possession of native fish tin can be threat to the state of New York. The Dec determined certain allurement fish being a threat to the surround, simply not all fish native to New York.

This part talks about wild animals again, which fish are not.

Here is NYS definition of line-fishing. It says the taking, killing, netting, capturing OR withdrawal of fish from the water. I don't see anything maxim that the fish must be dead.

http://s967.photobuc...html?sort=iii&o=1

Edited past Cu455, 01 April 2022 - 03:26 PM.

• Back to tiptop

#ii Matt DeLaVega

Matt DeLaVega

• 
• Forum Staff

• Ohio

Posted 01 Apr 2022 - 06:15 PM

I promise you are right. This would be great news for others in New York.

I would similar to hear why people accept been certain that it is a no get in New York too. Maybe some affair that you lot are missing, or vice versa.

The fellow member formerly known every bit Skipjack

• Back to summit

#iii mikez

mikez

• 
• NANFA Guest

Posted 02 April 2022 - 04:59 PM

Try specifically searching the angling regs. Ma has similar diction regarding wild fauna just then when y'all dig into the fishing regs, you find out yous are non allowed to TRANSPORT live fish with the exception of a short listing of bait species.

The key is non in the keeping, but in moving them from place to place. Logically, you can't "keep" them if you can't legally remove them and bring them home.

Mike Zaborowski
I don't know, maybe information technology was the roses.

• Dorsum to top

#4 Cu455

Cu455

• 
• NANFA Invitee

Posted 02 April 2022 - 05:29 PM

I volition also like to hear what others have to say too. The fishing regulations just say y'all tin can't possess a fish which is out of season. At that place are many fish that are open up yr round. I volition look more into the transportation regulations later. I don't retrieve the spirit of the law intends yous pet becoming illegal at a sure engagement if you got possession of it when it was legal.There is zilch that says you take to kill the fish.

The more I read the laws the more than I think that they were written to exclude fish. There was a lawsuit a few years agone dealing with saltwater fishing in NY. I forgot what it was well-nigh, i volition discover it afterward.

Here is the state statute about transporting wild game and wild animals. I demand to check the definition of wild game simply wildlife excludes fish. Information technology doesn't mention anything well-nigh transporting alive animals until section one thousand, which doesn't mention fish.

• Back to peak

#5 mikez

mikez

• 
• NANFA Invitee

Posted 04 April 2022 - 08:48 AM

Check this out. Transportation seems to be illegal just like Ma.

http://www.dec.ny.go...door/47282.html

Mike Zaborowski
I don't know, possibly information technology was the roses.

• Back to elevation

#6 don212

don212

• 
• NANFA Member

Posted 05 April 2022 - 01:53 PM

the fishing regs have this long and complicated dominion about transporting baitfish not purchased from a licensed dealer. basically you can't transport exterior the drainage surface area captured in. NY makes their regs so complicated even dec officers get dislocated.

• Back to top

#vii mikez

mikez

• 
• NANFA Invitee

Posted 06 April 2022 - 08:09 AM

Concur, they're confusing.

What jumps out at me is the wording: "...may only be used in the same water body from which they were caught...". I wouldn't interpret that as "drainage". To me, that means you tin can't put 'em in a bucket and drive away, as in taking them home for your tank.

Mike Zaborowski
I don't know, maybe it was the roses.

• Back to meridian

#eight don212

don212

• 
• NANFA Member

Posted 06 April 2022 - 06:59 PM

i retrieve seeing maps and descriptions in the line-fishing reg , joking with my dad from ny, how is the ranger supposed to tell where you got your fish, in that location is actually more in the volume about bait than fishing, so glad i moved to fl

• Back to top

#9 Aquastudent

Aquastudent

• 
• NANFA Guest

• Albany, NY

Posted 08 April 2022 - 12:37 PM

These laws are rather complicated...

I'm glad I'1000 not a ranger (or lawyer) and have to interpret this

• Back to tiptop

#10 don212

don212

• 
• NANFA Member

Posted 09 April 2022 - 08:55 PM

if they tin exercise this to angling, what would building say a nuclear reactor exist like

• Back to top

#xi Aquastudent

Aquastudent

• 
• NANFA Guest

• Albany, NY

Posted 11 April 2022 - 08:46 AM

if they can do this to fishing, what would building say a nuclear reactor exist similar

I know. I'chiliad a fan of nuclear technology too...I wish nosotros had the infrastructure to handle Thorium engineering. That lone could aleiviate and then much of our free energy crisis!

• Back to elevation

#12 don212

don212

• 
• NANFA Member

Posted 11 Apr 2022 - 10:48 PM

sarcastic one-act, just that ny likes to make things difficult

• Back to pinnacle

#13 Cu455

Cu455

• 
• NANFA Guest

Posted 19 April 2022 - 07:00 PM

Is there a list of what fish are considered native to NY? Apparently lots of fish that are mutual in NY are not considered native such as channel cats.

• Back to meridian

#xiv Cu455

Cu455

• 
• NANFA Guest

Posted 22 April 2022 - 10:02 AM

I found an atlas of fish section on the DEC website, while looking for a list of native fish. I found out some intresting stuff about what I thought was native in NY. It appears that many fish which are common to NY are not concidered indigenous to NY. I however haven't found where it says information technology is illegal to keep NY native fish in NY. If that is the constabulary I don't retrieve it will be a problem to keep these fish since they are non native to NY.

http://www.dec.ny.become...mals/84622.html

Bluegills : The map shows they are not present in the watersheds they are not ethnic to.

Bluegill lives in lakes and in some larger rivers with submerged aquatic vegetation. Information technology is non-native in all nine Atlantic slope watersheds plus two more of the Adirondacks region, and introductions to lakes farther north at higher elevations keep.

http://www.december.ny.go...mals/94652.html

Greenish Sunfish: Not indigenous

Light-green Sunfish lives in streams and lakes and spawns in gravel areas. It has expanded its range quickly in the final 20 years and is considered to be non-native throughout NY. There are records for all watersheds except Champlain and Upper Hudson. At that place are few records for all areas to the north, northeast and southwest.

http://www.dec.ny.go...mals/94658.html

Pumpkinseed: I am not certain what this means.

Pumpkinseed inhabits lakes and streams with submerged aquatic vegetation, and information technology is known in all 18 watersheds. It has been introduced to many upland ponds of the Adirondacks but documentation of its non-native condition is generally lacking.

Brown trout: Not indigenous

Brown Trout inhabits lakes, streams and rivers with cold water and it spawns in tributaries with clean gravel. It has been introduced to every watershed and annual stocking continues in many areas. In many streams information technology has displaced native brook trout.

Edited by Cu455, 22 April 2022 - 10:07 AM.

• Back to peak

#15 keepnatives

Posted 22 April 2022 - 07:05 PM

I found an atlas of fish section on the Dec website, while looking for a list of native fish. I found out some intresting stuff near what I idea was native in NY. It appears that many fish which are mutual to NY are non concidered ethnic to NY. I still oasis't found where it says it is illegal to go along NY native fish in NY. If that is the law I don't recollect it will exist a problem to keep these fish since they are not native to NY.

Notice the words I made bold in the section labeled Collection, Utilize and Transportation of Personally Harvested Baitfish.  This phrase specifies the only personal use immune is "hook and line line-fishing.  Also this doesn't just employ to native to NY fish but to any of the minnows, killifish, mudminnows, darters, sticklebacks, stonecats, smelt alewives and suckers yous might collect in NY:

Drove, Apply and Transportation of Personally Harvested Baitfish

(Whatsoever person who has a fishing license¹ or is entitled to fish without a license may collect² minnows (except carp and goldfish), killifish, mudminnows, darters, sticklebacks, stonecats, smelt, alewives and suckers for personal utilise in hook and line fishing only (auction prohibited) by angling and with the gear types listed below. All other species must be immediately returned to the water. See special regulations for personally harvesting alewife and blueback herring in the Hudson River.

Baitfish or other legally taken fish species intended to be used as bait may merely exist used in the same water torso from which they were caught for bait in hook-and-line fishing. These fish may but be used in a water body where it is legal to utilize fish as bait. Transportation of personally harvested baitfish overland by a motorized vehicle is prohibited except within a designated overland transportation corridor. Run into dip net exceptions for smelt, suckers, alewives and blueback herring taken for man consumption.)

In addition transportation is limited then much you'd exist difficult pressed to find a useful loophole in that location which still doesn't overcome the merely personal apply allowed being hook and line fishing.  I'll have to wait up the ecology law prohibiting keeping native fish.

Regarding the specific species examples, keep in mind those native to a small expanse of NY would notwithstanding be prohibited despite beingness introduced in other or fifty-fifty a bulk of areas.

Mike Lucas
Mohawk-Hudson Watershed
Schenectady NY

• Back to pinnacle

#16 Cu455

Cu455

• 
• NANFA Guest

Posted 22 Apr 2022 - 07:45 PM

I am not sure about bait fish, I am more intrested in game fish. The website says fish are not native to New York. Green sunfish for example says "it is considered to be non-native through out New York." They are pretty specific in their description, it doesn't say not-native is to specific watersheds or utilise a limiting words such equally nearly of New York . Exercise you know of a specific list of NY native fish? I was surprised aqueduct cats are non considered a native species to New York. If channel cats are everywhere in NY and not considered native I am sure their are other mutual fish that aren't native likewise.

• Back to top

#17 Cu455

Cu455

• 
• NANFA Guest

Posted 23 April 2022 - 02:44 PM

Notice the words I made bold in the section labeled Collection, Use and Transportation of Personally Harvested Baitfish.

Those regulations are for personally harvested baitfish. If yous buy them from baitfish these regulations don't apply. The statue states that you lot can't transport it by motorized vechile you can walk with information technology and grow them out in your tank for hook and line line-fishing at a afterward date. That might be a loop hole. Once it's in your tank it will be hard to prove that you didn't get it from a certified place.

• Back to top

#18 don212

don212

• 
• NANFA Member

Posted 26 Apr 2022 - 07:15 PM

as i said ridiculously complicated, another reason to exist out of ny

• Dorsum to top

#19 Aquastudent

Aquastudent

• 
• NANFA Guest

• Albany, NY

Posted 26 April 2022 - ten:11 PM

as i said ridiculously complicated, another reason to be out of ny

The taxes and bad conditions aren't plenty?

• Dorsum to summit

#20 Cu455

Cu455

• 
• NANFA Guest

Posted 28 Apr 2022 - 11:34 AM

I like the weather in NY. We accept swell winters for snowboarding, spring for kayaking and summers for diving. Taxes, laws, regulations and excessive costs, such as $15 to bulldoze over a bridge which hundreds of thousands of cars travel over day.

The NY Department of Environmental Conservation is the exception, at least from my view. The majority of the budget comes from the licensing fees. Which they constantly take to fight to keep or else it will get thrown into the general budget and disappear similar all the other money the regime collects. The money is used to stock lakes, purchase land and maintain a environment which  people tin enjoy. I have a lifetime hunting and line-fishing pass and do neither, the coin from that goes to land which I enjoyed to shoot on when I lived upstate.

I can go 1 complaining virtually NY legal organisation, education system, public transportation system and and then on. Other then the DEC regulations on aquarium fish I have aught to bad to say about them.

I am going to showtime a new thread with a update so it doesn't get buried here and go unnoticed.

• Back to top

Source: http://forum.nanfa.org/index.php/topic/15386-ny-collecting-laws/

Posted by: bullockementer.blogspot.com

Share this post