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Re: Fish from Arkansas

Hi Larry,

	I'll just run it by here for you guys:

From a copy of
The Arkansas Game and Fish Commission
Baitfish, Mussel and Fish Farmers Regulations
Updated November, 1997

            BAITFISH REGULATIONS
37.01 COMMERCIAL MINNOW TACKLE LICENSE REQUIRE-
MENTS. It shall be unlawful to take or attempt to take minnows or
shad for sale from the public waters without first obtaining the ap-
propriate tackle license and attaching metal tag issued with said
license to tackle so used. PENALTY: $100.00 to $1,000.00.
37.02 FISH DEALER LICENSE REQUIREMENTS It shall be un-
lawful to offer for sale or sell live fish (including minnows) in this
state without first obtaining a current Arkansas Fish Dealers License
(Resident or Non-Resident) or an Arkansas Fish Farmers Permit.
License required for each separate business location. In compliance
with Commission Code 31.07, game fish may not be taken from the
wild and sold. Residents of states charging a higher non-resident
fee shall be charged an equivalent amount. PENALTY: $100.00 to
$1,000.00
37.03 EXPORTING MINNOWS FROM PUBLIC WATERS PRO-
HIBITED It shall be unlawful to export from the state any minnows
taken from public waters. PENALTY: $100.00 to $1,000
>snip<

	The pertinent part is 37.03. I intended to collect from the wild, and
raise the offspring. There's the snag. I could get a brood stock from
another fish farm or fish dealer, but not from the wild. This applies to
the offspring of the wild stock as I was told as well, which is the new
wrinkle. Since these fish are not suitable to commercial capture, they
aren't being raised by any other source that I know of, so no cigar.
Sort a closed door on staring up with native domestically raised fish
that are not already a part of the system.
	Another hitch is the category these species fall under. They aren't
game fish, and aren't listed as commercial fish, so what's left is
considered baitfish in the regs of Arkansas as I read it, and they seem
to think as well.

	Think I should peruse this further?

Herb


LawrenceT5 at aol_com wrote:
> 
> You may find that IF you have legal posession of the fish, the state cannot
> prohibit you from exporting them to another state.  That would be a violation
> of interstate trade and, as such, comes under Federal regulation.  I suggest
> you get chapter and verse for the state code involved from the regulator (who
> may be blowing smoke) and if it reads as he interprets, write a letter to the
> appropriate Federal authority, probably the Federal Trade Commission (FTC).
> 
> <<** Larry **>>
References: