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WEST BATH (AP) – The owner of a Chinese restaurant in Freeport whose 10 exotic fish were seized by wardens two months ago pleaded not guilty Tuesday in District Court to one count of illegal importation of fish.

The judge set a Nov. 22 trial date for Cuong Ly, who is also appealing the Department of Inland Fisheries and Wildlife’s denial of a permit to reclaim the 12- to 14-inch koi, a variety of carp that he says are his pets and have brought him good luck.

If found guilty of the Class E misdemeanor, Ly faces a mandatory minimum fine of $1,000, said Cumberland County District Attorney Stephanie Anderson. She noted that while Ly allegedly had 10 koi in his possession, he is only facing one count at this time.

The fish were seized from a tank in the lobby of Ly’s China Rose restaurant on July 19, two days after wardens warned him of their illegal status. The koi were placed in the custody of a Portsmouth, N.H., pet shop pending the outcome of Ly’s legal battle.

To get his fish back, Ly must prove to the review board that the fish are free of disease and that they pose no threat to native fish populations.

Maine has some of the nation’s strictest laws to prevent native freshwater fisheries from being harmed by invasive species such as carp.

“If these or any other koi were to make their way to one of our lakes or streams, they pose the risk of destroying the ecosystem of that body of water,” Anderson said.

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