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Need some clarification on collection laws..


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#1 Guest_Daffypuck_*

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Posted 06 August 2013 - 04:26 AM

Ive been a fish enthusast for a few years and always wanted a native fish aquarium. I didnt realize the stiff laws that some states have on the collection of aquatic critters to keep. Ive read several threads here of folks that have tanks set up with native fish of their state. My question is this, I read in one place that you can collect non-game fish in Tennessee if you have a fishing license. Then several other places that Tennessee has banned all collection of fish to keep. Ive tried looking at the Wildlife Agencies web pages but cant find a definitive answer. Ive found where I can apply for scientific collection to keep, but then read in another place where its banned to keep fish for educational or display purposes. It all seems so ambiguous. Where can I find what the actual laws are for each state? Ive also seen where folks state that KY is pretty lax. I live right on the TN/KY state line. If its legal to collect for keep in KY, can I collect in KY and have a native tank at my residence in TN?

#2 Guest_jblaylock_*

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Posted 06 August 2013 - 09:48 AM

Here's the TN Reg, I'll let you read it. Pay close attention to Section III
http://www.eregulati...hing/live-bait/

Also, Kentucky is not strict. Collecting of non-game fish is legal based on their laws unless excluded based on class or location. However, I'm not going to comment on keeping KY fish in TN. That's a gray area and not my call.
KY law:
http://www.lrc.state...301/001/130.htm

#3 Guest_EricaLyons_*

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Posted 06 August 2013 - 12:00 PM

Edit: I guess I should put a little disclaimer in the beginning and say I have no idea how the rest of the club feels on this issue, and this that is solely my opinion. Okay, with that said...

I spoke to my local department on the phone about a year ago and their policy is based nearly entirely on 'can it be found within state borders'?
If yes: it is a native fish and was likely caught here (regardless of what you say)
If no: it is not native, and is to be treated like a tropical fish. For all intents and purposes it's a guppy.

So I keep fish that are native to the general region I live in but can't be found within state borders. This allows me to be treated like a tropical fish breeder for all husbandry and import/export rules. For example I kept Elassoma gilberti, which are native to Florida (I live in North Carolina) and golden heterandria formosa (h. formosa can be found in North Carolina but the color morph I have is not found in the wild). I'm thinking about setting up a sunfish tank. What would I put in it? Orangespotted sunfish. They're not found east of the Appalachian mountains. :)

#4 Guest_Daffypuck_*

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Posted 06 August 2013 - 02:43 PM

Thanks for the info. There was no section 3, but Im assuming you were referring to the import/export clause that was mentioned. In other words, you cant bring fish from another state to use as bait, but it makes no mention of importing for the purpose of aquaria. Again, somewhat ambiguous. I understand the need to protect our natural habitats, but folks like us are so far and few between that there should be some kind of laws regulating collecting for purpose of display so long as it doesnt impact the environment. No different than hunting deer for example when their numbers get to a certain point.

#5 Guest_Skipjack_*

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Posted 06 August 2013 - 05:53 PM

I hate to say it, but to the best of my knowledge, it is flat out illegal to collect native species for home aquaria in Tn. If a species occurs in your state, you are probably not allowed to keep it. If you have a bill of sale from fish purchased from a licensed vendor, you may be okay, but I am not certain on that. Send Casper Cox a private message, and he may be able to clarify for you. http://forum.nanfa.o...ser/111-casper/

#6 Guest_fundulus_*

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Posted 06 August 2013 - 06:33 PM

Tennessee implemented these draconian restrictions not primarily as a conservation measure, but because it's easier to enforce a blanket ban that it is to have your field officers well-versed in the differences between, say, a Barrens Topminnow and a Tennessee Snubnose Darter. It's really that simple.

#7 Michael Wolfe

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Posted 06 August 2013 - 09:05 PM

I am afraid that Matt is correct. I think the understanding that we have is that TN does not allow any collection or keeping of any native fishes.

Edit: I guess I should put a little disclaimer in the beginning and say I have no idea how the rest of the club feels on this issue, and this that is solely my opinion. Okay, with that said...


The club does not "feel" any way about any of these regulations. We encourage and require our members to follow their state regulations in all matters.
Either write something worth reading or do something worth writing. - Benjamin Franklin



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