I recently spoke to Web(ster) Pearsall, a senior NYSDEC fisheries biologist, about collecting and possession of native species. In sum and substance he told me that as long as fish are taken by legal means, and not to be used as bait (i.e. heading to your aquarium) and not to be introduced into other waters without a stocking permit, it is legal to possess them. I then asked him specificly about building a native tank. He told me that he has spoken to 2 diffrent DEC commissioned officers (bosses) who gave him 2 diffrent answers on the subject. The question was asked, that if you had a largemouth bass taken by legal means during the fishing season, would you be in violation of possession laws once the season was closed. One boss said that the fishing rules don't say that you must kill your legally taken fish, another said that once the season was over, that you were in violation of possession laws.

It appears to be a gray area. So I called my local ECO, ECO Lifrieri, and told him about my conversation with Web Pearsall. He agreed, that as long as fish are taken by legal means during the approved season and not to be used as bait or introduced into other waters without a stocking permit, that possession and transport is not a violation.

Based on my conversations with NY DEC, I get the feeling that it depends on what ECO and ultimately, what judge, you are dealing with wether or not collecting and keeping non-protected native fish is a violation or not.

I urge everyone to contact their local ECO and ask about possession and transport of fish that not to be used as bait. I'm betting this is similar to the law about failing to dim highbeams. Flashing your highbeams to warn other motorists of the presence of a police officer is not illegal but failing to dim your highbeams for other motorists is. It is all open to what kinda of day the officer, and possibly the judge, are having.