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Re: Fish from Arkansas

Hi Larry,

	The way I understand it as it stands now, baitfish, or "minnows", as
the regs call them can be caught under the commercial license and sold
to anyone within the state under the fish dealers license. The minnows
can't be taken out of the state, according to the regs, by anyone. The
seller is not the responsible party, only the one "exporting" the fish.
No interstate commerce with these fish allowed!
	If this were not the case, as the folks at AGFC interpret the law,
there would be no reason for me to take the long way round to have to
raise fish before sending them out under the fish farmers permit.
	It may be a problem that happens when state agencies and federal
agencies have little exchange between what is possible and what is
legal. The state can regulate the fish trade/industry in any manner they
think is best, but that may not be legal under federal law.
	Wonder if you have run into any other states in your study of the
states' regulation of aquaculture that have problems of this sort? We
may be able to affect change in the way some states seemingly erect
barriers to native fish hobbyist, and aquaculture in ornamentals that
could be started using species of native fish new to the trade as its
basis by taking the tact you suggest in other states as well. Seems to
me if they allow non native ornamentals to be raised, it would be better
yet to allow the same for those fish that are already native to that
state too. Perhaps the states native fish would have an even better
chance that way.


LawrenceT5 at aol_com wrote:
> I would definitely pursue it.  The key point is that if it is permited for you
> to sell the fish to a resident, they can't forbid you from selling it to a
> non-resident.  That violates what I see as the Federal law.
> What would happen if someone from Texas, Oklahoma, or Louisiana purchased them
> at retail in the state and then put them in a cooler in the trunk and left?
> They sure as hell couldn't arrest either party.  So I think there is a problem
> with the law and its interpretation.
> So if you have a fish dealer's license, how can they tell you WHO you can sell
> to?
> I'm not a lawyer, I just use common sense.
> <<** Larry **>>