Ornamental Fish in Alaska
Frequently asked questions about home goldfish and koi ponds, water gardens, and "non-indigenous" fish
Understanding the laws and owner liabilities of ornamental fish
will help Alaskans protect their fishery resources.
Q. Are outdoor water gardens and fish ponds allowed in Alaska?
A.Yes, but only under two conditions:
First: water within the water garden must be completely contained, thereby creating an artificial system that prevents the movement of waste water and any organism into state waters. State waters are defined as "any water body, including rivers, streams, ponds, lakes, intermittent wetlands and ground water." A depression created to retain surface water is not considered an artificial system, unless the water is completely isolated from state waters, including ground water. This may require you to line the bottom of the pond with an impermeable membrane. Additionally the Department discourages the creation of water gardens in areas prone to flooding or on a floodplain.
Second: you may stock your water garden with only "ornamental" fish, after the water garden meets the first condition.
Q. What fish are considered "ornamental"?
A. By Alaska regulation, ornamental fish are fish that are known as tropical fish, aquarium fish or goldfish. They are imported, cultured, or sold in Alaska customarily for viewing in aquaria or for raising in artificial systems They are not customarily used for sport fishing or human consumption. That means you cannot place fish in your ponds that are obtained from streams and lakes in Alaska or elsewhere that are used for sport fishing and consumption.
Goldfish (Carassius auratus) and koi carp (Cyprinus carpio) are the most common and easily obtained ornamental fish.
Q. What is a "non-indigenous" fish?
A. These are fish that were never found in a particular lake, pond, stream or lake before a human or a human-related activity brought the fish to the new habitat.
Q. Can I take or possess live fish from a local stream, pond, or lake and put them in my water garden?
A. No! Fish stocking regulations are very strict in order to protect and sustain fish stocks already present. Only permitted agencies, such as the Department of Fish and Game, can transport live fish and/or stock fish into the natural waters of the state. Each agency stocking event goes through a rigorous review process.
Regulations prohibit the transportation, possession, exportation, or release of any live fish into Alaska's natural waters by the public. The only exception to this regulation is that ornamental fish may be transported and possessed and released only into an artificial system.
Q. Can I possess fish such as sunfish, catfish, bass, perch, walleye or minnows in my water garden?
A. Again No! These species are not "ornamental" or "aquarium" fish. If released into the wild, these species can compete with native fishes and/or destroy the habitat native fish need. Only the transportation of aquarium or ornamental fish is supported by ADF&G regulations.
Q. Why all the fuss?
A. In the United States, humans have spread more than 4,500 species outside their home ranges. The intentional and unintentional spread of aquatic species has had harmful consequences to the species and habitats already present. Drastic changes in fish populations, reduced native fish production, and habitat degradation have all been documented results of unintentional stocking.
Carp, such as grass, black, and silver, as well as goldfish are among the most destructive non-indigenous species in North America, primarily because of their diet of aquatic vegetation. These species strip waters of oxygen-producing plants, thus increasing water temperatures and destroying habitat for native juvenile fish. In addition, the feeding habits of carp and goldfish stir up sediments, which decreases water clarity and inhibits plant growth.
Q. Can I collect Alaskan snails or other aquatic insects for use in my water garden?
A. Yes, but only under the terms of an ADF&G scientific permit. Even then, these specimens must be destroyed after use and cannot be released back into state waters.
Q. Can I collect Alaskan water plants for use in my water garden?
A. Yes, but only under the terms set by the local land management agency, such as the Municipality of Anchorage, the Matanuska-Susitna Borough, or the Alaska Department of Natural Resources. For lands under federal management, contact the appropriate federal agency.
Many wetlands are under special management, so please check before collecting lilies, cattails, or other aquatic plants.
Q. Can I fill my water garden with creek or river or lake water?
A.Water gardens stocked with ornamental fish cannot have any connection to a state water, so diverting a creek or stream, even temporarily, is against regulation. However, if the garden will require water to be withdrawn from a river, lake or well to initially create or maintain the garden, it will be necessary to acquire the appropriate permit for water use from the Alaska Department of Natural Resources. It is also important to consult the ADF&G if you any have questions. Discharge of the water from the water garden must abide by state water quality laws administered by the Department of Environmental Conservation and the Department of Natural Resources.
In Alaska, water is a "common property" resource. Landowners do not have automatic to rights withdraw, divert ground or surface water. If you desire to collect and use a significant amount of water, you may need a water use permit from the Alaska Department of Natural Resources (see link below) in order to avoid conflicts with fisheries and with existing water rights holders or protect your use of the water for this purpose.
Q. How big can I make my water garden?
A. In general, the larger the water garden, the larger the consequences of failure of your containment system, so the more stringent the criteria. The capture of water is a hazardous activity, and liability for injury and damages rests with the person capturing the water.
If there is a "significant volume" of water in the water garden, or if a significant volume is removed from state waters to make the water garden, or if there a dam that is 10 feet or higher, the failure of the water garden could threaten lives or property. The water garden needs to meet certain criteria of the Alaska Department of Natural Resources Dam Safety and Construction Unit. In addition, water garden owners should realize the impacts and penalties of water and/or fish escaping into state waters.
Q. When I'm done with my water garden, what should I do?
A. Although it is tempting to "save" fish by releasing them into a lake or river, the release of live fish into Alaska's waters is illegal. Any number of things could cause damage to our wild fish resources, such as the water garden fish having diseases that could kill Alaska's salmon or trout, or the water garden fish crowding out Alaskan fish.
Used water from a water garden must be filtered and treated so that no live fish of any size, and no fish diseases or other pathogens can enter Alaskan waters and must adhere to state water quality laws administered by the Alaska Department of Environmental Conservation and the Department of Natural Resources.
Q. What are the penalties?
A. Because of recent illegal fish introductions and the potential impacts to state fisheries, penalties have been elevated to Class A misdemeanors. Those convicted may be ordered to pay a fine, to pay for damages to fishery resources, and to pay the costs of removing introduced fish from state waters. Fines and costs could be significant, well into the tens of thousands of dollars.
Q. Where can I find the regulations about water gardens?
In the Alaska Administrative Code (AAC) and in Alaska Statutes (AS).
- Transportation, possession, and release of live fish, including ornamental fish: 5 AAC 41.100 - 5 AAC 41.400
- Non-indigenous fish: AS 16.35.210(a).
- Collecting Alaskan aquatic plants, and importing aquatic plants: AS 16.05.920 states "A person may not take, possess, etc. aquatic plants"
- Other plant references: Alaska Administrative Code Title 11, Chapters 9 - 96
- Water rights: Alaska Water Use Act, AS 46.15
- Definition of "significant amount" of water: 11 AAC 93.970(14)
- Dam safety: Alaska Statute 46.17 and 11 AAC 93.150 - 201
Q. Any other advice?
A. Don't forget to check local building codes and safety ordinances. Larger water gardens may need a fence to keep children away. If using lighting, pumps, or any other electrical equipment, professional installation of ground-fault circuit interrupters may be required by local codes. If mosquitoes are a concern, consider one of the many controlling agents available. Remember that water gardens full of fish may attract other wildlife.
