Officials defend seizure of koi fish from restaurant

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Fisheries biologist Francis Brautigam holds a northern pike from Sebago Lake. They were introduced illegally into the lake.

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Maine's wildlife biologists have periodically killed every fish in a pond, just to keep a population of goldfish from spreading to a nearby river.

Such extreme action shows that the state is serious about protecting native freshwater fisheries from invasive species. Cuong Ly found out just how serious last week when game wardens seized 10 koi, goldfish-like ornamental carp, from a fish tank at his restaurant in Freeport.

Maine Warden Service officials say they warned Ly that the fish are illegal in Maine, but he kept them, prompting the seizure.

Ly says the fish are more than decoration, they are pets. And in the Asian belief system of feng shui, they bring good luck and prosperity to his business and his family.

"We're expanding. We're fortunate, healthy and happy," said Ly, owner of China Rose on Freeport's Main Street. "But right now, all my fish are gone."

Ly, who is of Chinese descent, was born in Vietnam but fled to the U.S. in 1979 when Vietnam and China became embroiled in a war.

John Boland, director of fisheries for the Maine Department of Inland Fisheries and Wildlife, says it is difficult to craft a law that protects Maine rivers and ponds from invasive species but exempts responsible restaurateurs.

"It's on a long list of fish species we just don't want showing up in our wild waters," Boland said of the koi. "I don't doubt he has no intention of releasing them but that doesn't mean somebody else less scrupulous might not just get rid of theirs.

"Fish like koi, carp or catfish are a threat to these natural resources in Maine because if they're accidentally or intentionally released into the wild, they can establish populations and out-compete our native fish species."

Boland said invasive species have hurt Maine's native species as far back as the 1800s when bass were introduced to improve fishing opportunities. Those fish, as well as black crappie and northern pike, continue to be problematic, hurting populations of brook trout and other native species by competing for food or eating them directly.

"Whether it's small-mouth bass in the Rapid River in Rangeley, or muskee in the St. John and bass now threatening the Allagash River, it's a real problem," Boland said. "Over the last few years we've caught five or six pike in Sebago, which is bad news for Sebago and its drainage."

The most serious threat is from those who intentionally introduce attractive sportfish like bass. But even nonsport fish like goldfish have been released and established populations, Boland said.

Typically, the only way to dislodge a foreign fish species is to kill all the fish in the water body and then restock it with native species, he said.

State laws against importation of non-native fish species have been on the books for decades, so Ly was prohibited from having the fish even 15 years ago when bought them, Boland said.

Maine has some of the strictest laws in the country when it comes to importing exotic species. It has given permits to just a few entities - primarily commercial aquariums and research facilities, Boland said.

Tropical fish, which cannot survive in Maine's cold waters, are exempt from the state's fish-importation laws, as are goldfish.

"Maine has stepped up to the plate in recent years," Boland said. "Now it's a $10,000 fine to stock a pond without a permit or to transport live fish without a permit . . . We're taking a hard line on it, whether it's illegal introduction of bass, or non-native or exotic fish species."

An owner may have no intention of releasing pet fish into the wild, but many have, says Judith Pederson, manager of the Center for Coastal Resources, part of the Massachusetts Institute of Technology.

Carp species have invaded rivers in the U.S. and other areas of the world. The fish stir up sediment so water is murky and undrinkable, can disrupt vegetation altering water chemistry and they can have parasites that spread to native species, according to the center.

Ly says he faces a hefty fine and would face more trouble if he tries to retrieve his fish from the New Hampshire pet store where the state transferred them. The store owner has offered to sell them back to Ly for $700, but Ly has not yet made arrangements for where they can be kept.

Ly insists that he's had bad luck since the state seized his fish last week. But he has also received a flood of support from sympathetic customers and others who think the state has been heavy-handed. He's now worried about the future for his lucky fish, having seen images of them on television.

"My fish are very unhappy and beat up. They are sad, they sink down," he said. "Right now I just want an injunction to keep them well so they do not die."

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