Pond Boss Forums INTRO Questions & Observations Taking Baitfish From Your State Waters

My take on this is that they refer to barriers that are in place of the natural drainage. So if you caught baitfish in your creek, for example, you could fish with them in any waters that drain into the creek below the nearest upstream barrier (barrier of the creek itself) of the location you caught them. So you could fish with them in your ponds or any body of water draining into the watershed of your creek where entry into the watershed is below the nearest upstream barrier of the creek. (My take not necessarily the state's). An exception should be made if there is natural barrier that prevents fish migration (like for example a waterfall of sufficient height to prevent migration). Such a natural barrier might have historically limited the number species finding their way above the barrier by other means.

IMHO, a regulation like this should have underlying it, a spirit a useful purpose as opposed to an excuse to make criminals of well meaning right-minded people who are causing no harm. Likewise, people should see the spirit of the code and make every effort to comply and cause no harm. This includes abstaining from a right, even though legal, when one recognizes a risk that should have been protected. I hate ambiguous regulation that is open to abuse by enforcement in particular. If a law isn't clear it shouldn't be enforced at all. But in my humble opinion your dams on your place are not the barriers to which they refer.

With regard to transporting Red Shiner. If you're properly licensed I don't see any problem. As long as you are appropriately licensed in states that require them, you should be able to transport them to other states (to locations of their natural range) in accordance with their rules. I think you need a aquaculture license to do this in Kansas. In Texas one would also need a brood collection license in order to get the original brood stock (if obtaining wild stock).