Fish and Wildlife Regulations

Fish from Arkansas and the USA
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mewickham
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Fish and Wildlife Regulations

Post by mewickham »

Folks, since questions regularly come up about the the regulations for native fish collecting, I'd like to create some "sticky" notes with the information for this section. Stickies are messages that always stay at the top of the forum list, for easy access. What I'd like to do is create a message for each local state (AR, MO, OK). Each message would contain two things:

1. A simple summary of the appropriate wildlife laws that allow collecting. It would specify whether or not a fishing license is needed, bag limits, etc. It would be nice to include links to the actual government documents for full details. I would think that a paragraph or two would suffice, plus links to the online regulations.

2. A list of foreign species prohibited in the state. For example, piranhas are illegal to keep in many states. "Foreign" doesn't necessarily mean from another country, though, but rather from "outside the state." As I recall, sticklebacks are illegal in Arkansas-- my favorite fish for collecting as a boy in Ohio. Most states have these lists posted online somewhere for easy access. Again, we should also include a link to the original online list, especially since it may be subject to regular additions. It would be nice to also include banned aquatic plants.

Is anyone willing to volunteer to research and write any of these three messages (for AR, MO, and OK)?
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Re: Fish and Wildlife Regulations

Post by mewickham »

Here's a start on the OK restricted species. Thanks to a link on the OKAA site, I knew right where to look:

800:20-1-2. List of restricted exotic species
(a) Until such time as is necessary for the Department of Wildlife Conservation to obtain adequate information for the determination of other harmful or potentially harmful exotic species, the importation into the State and/or the possession of the following exotic fish or their eggs is prohibited:
(1) Walking Catfish: The Walking Catfish, (Clarius batrachus) and other members of the exotic catfish family Claridae, including but not limited to species of the genera Clarias, Heteropneustes, Gymnallables, Channallabes, and Heterobranchus are prohibited. Any live specimens of Walking Catfish or other Claridae species within the boundaries of the State of Oklahoma are contraband and subject to seizure by the Department of Wildlife Conservation.
(2) Grass carp: Release of grass carp (diploid and/or triploid), also known as white amur or Chinese carp (Ctenopharyngodon idella) or their hybrids into public waters is prohibited in accordance with 29 O.S., Section 6-504. Only certified triploid grass carp may be imported, possessed, or introduced for the purpose of stocking private waters. Possession and transportation of diploid grass carp is permitted for the control of vegetation on licensed aquaculture facilities, the export to states allowing use of diploid grass carp and for production for sale to the human food market.
(3) Boney-tongue group: Osteoglossum spp., and Arapaima spp.
(4) Piranha group: Serrasalmus spp., Pygocentrus spp., Rooseveltiella spp., Catoprion spp., Hydrocynus spp., and Salminus spp.
(5) Electric Eel (Electrophorus electricus).
(6) Electric catfish (Malapterus electricus).
(7) Gar-pike topminnow (Belonesox belizanus).
(8) Snakehead groups: Opicephalus spp., and Channa spp.
(9) Pavon or Peacock Bass (Chichla temensis and Chichia ocellaris).
(10) Parasitic South American Catfish group (Candiru), genera & species of the Trichomycteridae family. Vandellia spp., Tridens spp., and Pyqidium spp.
(11) Freshwater Stingray group: Paratrygon spp., Potomotrygon spp., and Disceus spp.
(12) Houri (from South America): Macrodon spp., and Hoplias spp.
(13) Rudd and rudd hybrids (Scardinius spp.).
(14) Bighead carp (Hypophthalmichthys molitrix).
(15) Silver carp (Aristichthys nobilis).
(16) Black carp (Mylopharyngodon piceus).
(17) Alewives (Aloso pseudoharengus).
(18) Rainbow smelt (Osmerus mordax).
(19) Blueback herring (Alosa aestivalis).
(b) Tilapia:
(1) The sale and use of all Tilapia species as bait is prohibited.
(2) The stocking of all Tilapia species in any heated-water reservoir including Sooner, Konawa and Boomer Reservoirs is prohibited.
(3) This shall not interfere with the sale of dead and/or processed Tilapia for human food or the sale or transport of Tilapia species for the purpose of aquatic vegetation control in privately owned ponds.

[Source: Amended at 8 Ok Reg 2005, eff 5-13-91; Amended at 25 Ok Reg 2117, eff 7-1-08; Amended at 26 Ok Reg 2636, eff 1-1-10; Amended at 27 Ok Reg 539, eff 1-2-10 (emergency); Amended at 27 Ok Reg 2059, eff 7-1-10]
Link: http://www.oar.state.ok.us/viewhtml/800_20-1-2.htm
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Re: Fish and Wildlife Regulations

Post by mewickham »

While reading the info OKAA has already posted, I found a link to Texas Invasive, Prohibited, and Exotic Species
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etheonut

Re: Fish and Wildlife Regulations

Post by etheonut »

I would recommend that rather than post the regulations here that you post links to the regulations. The regulations in Missouri are changed at least on an annual basis. Any list posted on this forum would quickly become out of date. Posting a link at the bottom of the list is not a compromise either, because simply assume that the list is up to date and don't double check.

Kevin
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Re: Fish and Wildlife Regulations

Post by sskruzr »

etheonut wrote:I would recommend that rather than post the regulations here that you post links to the regulations. The regulations in Missouri are changed at least on an annual basis. Any list posted on this forum would quickly become out of date. Posting a link at the bottom of the list is not a compromise either, because simply assume that the list is up to date and don't double check.

Kevin
I second that.
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Re: Fish and Wildlife Regulations

Post by mewickham »

I think having both a summary and a link is important. The link must be there to provide the most current information. The summary would be there to give a synopsis and have some fallback information if the link goes dead. As Kevin mentioned, regulations change. But so do links! So giving only a link could potentially link to a 404 error for a missing page a mere moment after it is posted. And then someone will have to do the research all over again.

Of course, we would post a big ol' disclaimer (at the top of the message) with the summaries that we are not lawyers, not giving legal advice, and that readers should follow the links for the most current/accurate information and maybe even contact the state wildlife department directly. And collect at their own risk. (I should have listed the caveat as the third item in my first message.)

For the summary we might want to use a standardized table. Some possible entries (I'm sure there are others) could be:
  • Fishing license required?
  • Permitted capture methods
  • Bag limits
In regard to links, there are likely to be several in a message-- links to regulations, links to prohibited species lists, links to online purchase of fishing license, etc.
Mike Wickham
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etheonut

Re: Fish and Wildlife Regulations

Post by etheonut »

So with a link and a summary you end up with a bad link and false or out-of-date information.
Also by adding a summary you are relying on one person to accurately collect and summarize information that is often debated among native fish keepers. I would prefer that potential collecters go to the website and read the information first hand rather than read someone else's interpretation of it. That way if they are confused about something that is written there they can contact the proper authorities and ask their questions.

You will notice that I rarely comment on what is considered "legal" when it comes to native fish. There is a reason for this. Feel free to ignore my experience in this matter though. ;)

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Re: Fish and Wildlife Regulations

Post by sumpnfishy »

I think it would be good to have the basic regs as those don't change very often. I don't think we should post a lot of specific stuff. Endangered and prohibited species are good to list with the warning that it may not include all current species. The problem is that some things change literally every year. If we are worried about broken links we could look at linking to a google search like http://www.google.com/search?hl=en&site=&source=hp&q=arkansas+deparment+of+wildlife&oq=arkansas+deparment+of+wildlife&aq=f&aqi=g-l1&aql=1&gs_l=mobile-gws-hp.3..0i13.1360l17485l0l19322l32l30l0l10l10l0l169l2721l0j18l18l0.chyp.1.
I don't know if specific search parameters change in the link but google isn't going away.
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Re: Fish and Wildlife Regulations

Post by sskruzr »

etheonut wrote:So with a link and a summary you end up with a bad link and false or out-of-date information.
Also by adding a summary you are relying on one person to accurately collect and summarize information that is often debated among native fish keepers. I would prefer that potential collecters go to the website and read the information first hand rather than read someone else's interpretation of it. That way if they are confused about something that is written there they can contact the proper authorities and ask their questions.

You will notice that I rarely comment on what is considered "legal" when it comes to native fish. There is a reason for this. Feel free to ignore my experience in this matter though. ;)

Kevin
I'm sorry but I agree with Kevin. Make the person responsible for using the link to get the current laws. That way if a person is too lazy or doesn't pay attention to the link, it doesn't leave the club on the hook for putting out-dated laws on the web.
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Re: Fish and Wildlife Regulations

Post by Herpchat »

I agree with Mike;

A disclaimer, summary and link.

It is up to each person to follow the law!

It helps if we know what the laws are and it helps if we know what out of state people need too.

In Oklahoma you need an out of state fishing license to collect fish.
'No one can save them all but everyone can save at least one.

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Re: Fish and Wildlife Regulations

Post by slimbolen99 »

In Kansas, if you are collecting native fish for the home aquarium, you must obtain a KS fishing license, and if the fish were collected out-of-state, you must obtain that state's fishing license. Not only that, but you have to maintain those licenses for the duration that you keep the fish in your aquarium -- so if you live in KS, collect a darter in Missouri, and keep those darters for 2 years, you have to have licenses in both states for those two years! I'll try to find the source for that information.
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Re: Fish and Wildlife Regulations

Post by Herpchat »

What if said darters were bought off of aquabid?
'No one can save them all but everyone can save at least one.

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Re: Fish and Wildlife Regulations

Post by slimbolen99 »

Herpchat wrote:What if said darters were bought off of aquabid?
From what I have been told by the fish and wildlife dept here in Kansas is that it is illegal to buy/sell Kansas native species, regardless of their origins...
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Re: Fish and Wildlife Regulations

Post by slimbolen99 »

Brian,

Your fishing license should cover what you would like to do if all you'll be
collecting are orangethroat darters and logperch, but you cannot sell these
fish. It is against Kansas statutes to sell any native species of animals.
Make sure what you are collecting is not threatened, endangered, or a
species in need of conservation (SINC) either.

If you ever have questions, refer to the following section of our web site
to see what is threatened or endangered, or SINC.

http://www.kdwp.state.ks.us/news/Other-Services/Threatened-and-Endangered-Sp
ecies

Let me know if you have any other questions.

Thanks

Mark Van Scoyoc
Stream Monitoring Program Coordinator
Education, Exhibition, Collection, & Salvage Permits
KS Department of Wildlife & Parks
office 620-672-0710
fax 620-672-2972

----- Original Message -----
From: "kdwpinfo" <kdwpinfo@wp.state.ks.us>
To: "kdwpinfo" <kdwpinfo@wp.state.ks.us>
Sent: Sunday, April 18, 2010 8:55 AM
Subject: Collected information from Contact us

Collecting Native Darters to Keep in an Aquarium

Message:
Hello. My name is Brian Bolen. I am interested in collecting on private
property the following species:

Etheostoma spectabile
Percina kathae

I do have a Kansas Fishing Permit. Are there any other permits required to
keep these species in an aquarium?

Also, is it acceptable to sell or trade these fish to other hobbyists? I
wouldn't say my intention is to start a commercial operation, I just want
enough to study in my home aquariums. There are a few other people in our
club that are interested in keeping and breeding native Kansas fish.

Thank you for your time!
Brian Bolen
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Re: Fish and Wildlife Regulations

Post by Herpchat »

What I read was that it was illegal to sell Kansas native species.

Not buy them. Suppose someone in Oklahoma sold Orangethroat Darters and someone in Kansas bought them.

I don't see that covered. This could however violate the Lacey act if either state had rules on them.
'No one can save them all but everyone can save at least one.

President of the International Betta Congress
Chair IBC-SMP
President of the OKAA (The real state Aquarium Association)
and BAP Chair OKAA
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