I started a thread about keeping NY natives in the aquarium. Several people mentioned that it is illegal to keep 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 about this topic. Both times I was told as long as it was taken in a legal manner and is of size it will be fine to keep. I came across a thread where someone stated that it isn't DEC regulations but with state penal code. I was looking for laws that pertain to fish collecting and this is what I came up with.
One item 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 can be threat to the state of New York. The DEC determined certain bait fish being a threat to the environment, but not all fish native to New York.
This part talks about wild animals again, which fish are not.
Here is NYS definition of fishing. It says the taking, killing, netting, capturing OR withdrawal of fish from the water. I don't see anything saying that the fish must be dead.
Edited by Cu455, 01 April 2015 - 03:26 PM.