FREEPORT (AP) – Ornamental fish seized last summer from a popular Chinese restaurant were put back on display Wednesday, ending a legal battle that pitted the state’s concern for native game fish against an immigrant businessman’s devotion to pet fish he credits for his success.

Cuong Ly returned the 10 koi, a variety of carp, to the 150-gallon aquarium at the China Rose restaurant, where they had adorned the lobby for more than 15 years before state fisheries agents confiscated them in July.

“I’m sure they’re happy to be back,” Ly said as he used a net to scoop the koi from three styrofoam containers and place them in their old home. “They can’t talk, but I can represent them. It’s a happy day today.”

After the last fish was transferred, patrons and employees at the restaurant down the street from L.L. Bean broke into applause.

Ly, 46, said he was thrilled to be reunited with his fish, which are roughly 12 to 14 inches long and show a dazzling range of colors, including orange, white, black and red. He said all appeared to be in good health.

In order to display the fish, Ly agreed to place locks on the tank and affix a sign informing the public that exotic fish such as koi are illegal in Maine without a special permit. Maine’s law restricting ownership of such fish is among the nation’s toughest.

Acting on a tip, wardens had seized the koi and charged Ly with violating a state law that bars the importation of such fish without a permit. The statute is intended to avert the release of invasive species into Maine waters, where they pose a potential threat to native freshwater species.

Because New Hampshire allows possession of koi, Ly’s fish were kept at a pet shop in Portsmouth, N.H., while he took on the state in a long and costly fight to get them back. In the interim, he transferred another type of fish, red parrots, from his Brunswick restaurant to the one in Freeport because leaving its tank empty felt unlucky.

Ly, who fled from Vietnam 25 years ago, had expressed outrage at the seizure, saying it brought back memories of life under communism.

He said he regarded his koi as family members and felt that they brought good luck to his restaurant in a manner akin to the way articles are arranged in the ancient Chinese practice of feng shui.

Ly’s fight to get his fish back and contest the misdemeanor charge against him cost him roughly $20,000, he said. He eventually pleaded guilty as part of an agreement that had him pay a $1,000 fine.

After a hearing, a review panel from the Department of Inland Fisheries and Wildlife agreed in December to issue Ly a one-year permit for his fish. But the ruling included conditions that barred him from displaying the koi and required that he have microchips implanted in them.

When Ly went to court to challenge the terms of the permit, the department relented and issued an amended five-year permit that lets him put the fish on view in the restaurant. The microchip requirement was dropped after Ly was unable to find a veterinarian willing to insert the chips.

Ly said his seven-month ordeal was agonizing and there were times when he was ready to give up. He said he was buoyed by support from the public and pleased that he was able to stand up for what he regarded as a matter of principle.

Fish and game officials declined to comment on the return of the koi Wednesday. Assistant Attorney General Mark Randlett, who handled the case for the state, said the issuance of the amended permit was a compromise to resolve the issue.

“Ultimately, it was (the department’s) decision to pursue a negotiated settlement,” he said.

AP-ES-02-28-07 1514EST