As used in rules 1501:31-1-01 to 1501:31-40-29 of
the Administrative Code, the following respective terms mean:
(A) "Accompany" as it relates
to youth hunting seasons and hunters with apprentice licenses means going along
with another person while staying within a distance from the person that
enables uninterrupted, unaided visual and auditory communications.
(B) " All-purpose vehicle"
means any vehicle that is designed primarily for cross-country travel on land,
water, or land and water and that is steered by wheels, caterpillar treads, or
a combination of wheels and caterpillar treads and includes vehicles that
operate on a cushion of air, vehicles commonly known as all-terrain vehicles,
all-season vehicles, mini-bikes, and trail bikes.
(C) Amphibians" include Acris
crepitans crepitans (Eastern cricket frog), Ambystoma barbouri (streamside
salamander), Ambystoma jeffersonianum (Jefferson salamander), Ambystoma
laterale (blue-spotted salamander), Ambystoma maculatum (spotted salamander),
Ambystoma opacum (marbled salamander), Ambystoma texanum (small-mouthed
salamander), Ambystoma tigrinum (Eastern tiger salamander), Anaxyrus americanus
americanus (American toad), Anarxyrus fowleri (Fowler's toad), Aneides
aenus (green salamander), Crytpobranchus alleganiensis alleganiensis (Eastern
hellbender), Desmognathus fuscus (Northern dusky salamander), Desmognathus
ochrophaeus (Allegheny mountain dusky salamander), Eurycea bislineata (Northern
two-lined salamander), Eurycea cirrigera (Southern two-lined salamander),
Eurycea longicauda longicauda (long-tailed salamander), Eurycea lucifiga (cave
salamander), Gyrinophilus porphyriticus duryi (Kentucky spring salamander),
Gyrinophilus porphyriticus porphyriticus (Northern spring salamander),
Hemidactylium scutatum (four-toed salamander), Hyla chrysoscelis (Cope's
gray treefrog), Hyla versicolor (gray treefrog), Lithobates catesbeianus
(American bullfrog), Lithobates clamitans (green frog), Lithobaes palustris
(pickerel frog), Lithobates pipiens (Northern leopard frog), Lithobates
sphenocephalus (Southern leopard frog), Lithobates sylvaticus (wood frog),
Necturus maculosus maculosus (common mudpuppy), Notophthalmus viridescens
viridescens (red-spotted newt), Plethodon cinereus (Eastern red-backed
salamander), Plethodon glutinosus (Northern slimy salamander), Plethodon
richmondi (Southern ravine salamander), Pseudotriton montanus diastictus
(midland mud salamander), Pseudotriton ruber ruber (Northern red salamander),
Pseudacris brachyphona (mountain chorus frog), Pseudacris crucifer (spring
peeper), Pseudacris triseriata (Western chorus frog), Scaphiopus holbrookii
(Eastern spadefoot).
"Collectable amphibians" include
Ambystoma barbouri (streamside salamander), Ambystoma jeffersonianum (Jefferson
salamander), Ambystoma maculatum (spotted salamander), Ambystoma opacum
(marbled salamander), Ambystoma texanum (small-mouthed salamander), Ambystoma
tigrinum (Eastern tiger salamander), Anaxyrus americanus americanus (American
toad), Anarxyrus fowleri (Fowler's toad), Desmognathus fuscus (Northern
dusky salamander), Desmognathus ochrophaeus (Allegheny mountain dusky
salamander), Eurycea bislineata (Northern two-lined salamander), Eurycea
cirrigera (Southern two-lined salamander), Eurycea longicauda longicauda
(long-tailed salamander), Gyrinophilus porphyriticus duryi (Kentucky spring
salamander), Gyrinophilus porphyriticus porphyriticus (Northern spring
salamander), Hyla chrysoscelis (Cope's gray treefrog), Hyla versicolor
(gray treefrog), Lithobates catesbeianus (American bullfrog), Lithobates
clamitans (green frog), Lithobaes palustris (pickerel frog), Lithobates pipiens
(Northern leopard frog), Lithobates sphenocephalus (Southern leopard frog),
Lithobates sylvaticus (wood frog), Necturus maculosus maculosus (common
mudpuppy), Notophthalmus viridescens viridescens (red-spotted newt), Plethodon
cinereus (Eastern red-backed salamander), Plethodon glutinosus (Northern slimy
salamander), Plethodon richmondi (Southern ravine salamander), Pseudacris
brachyphona (mountain chorus frog), Pseudacris crucifer (spring peeper),
Pseudacris triseriata (Western chorus frog), Pseudotriton ruber ruber (Northern
red salamander).
(D) "Angling" means fishing
with not more than two hand lines, not more than two units of rod and line, or
a combination of not more than one hand line and one rod and line, either in
hand or under control at any time while fishing. The hand line or rod and line
may have attached to it not more than three baited hooks, or not more than
three artificial fly rod lures, or one artificial bait casting lure equipped
with not more than three sets of three hooks each.
(E) "Artificial lure" means a
manufactured lure other than a fly, constructed with a single, double, or
treble hooks, not containing any natural or prepared food substances but may
include synthetic imitations of such. Including soft plastic lures, synthetic
grubs or synthetic eggs not containing natural food substances.
(F) "Baited area" means any
area where shelled, shucked, or unshucked corn, wheat or other grain, salt, or
other feed whatsoever capable of luring, attracting, or enticing such birds is
directly or indirectly placed, exposed, deposited, distributed, or scattered
and such area will remain a baited area for ten days following complete removal
of all such corn, wheat or other grain, salt, or other feed. However, a person
may:
(1) Take mourning doves
and migratory game birds, including waterfowl, on or over standing crops,
flooded standing crops, including aquatics, flooded harvested crop-lands, grain
crops properly shucked on the field where grown, or grains found scattered
solely as the result of normal agricultural planting or harvesting, or if you
restore and manage wetlands as habitat for waterfowl and other migratory birds,
you can manipulate the naturally occurring vegetation in these areas and make
them available for hunting; and
(2) Take mourning doves
and migratory game birds, except waterfowl, on or over any lands where shelled,
shucked or unshucked corn, wheat or other grain, salt, or other feed has been
distributed or scattered as the result of bona fide agricultural operations or
procedures, or as a result of manipulation of a crop or other feed on the land
where grown for wildlife management purposes; provided, that manipulation for
wildlife management purposes does not include the distributing or scattering of
grain or other feed once it has been removed from or stored on the field where
grown.
(G) "Baiting" means the
placing, exposing, depositing, distributing, or scattering of shelled, shucked,
or unshelled corn, wheat or other grain, salt or other feed so as to constitute
for such wild turkeys, mourning doves or migratory birds, a lure, attraction or
enticement to, on or over any area where hunters are attempting to take
them.
(H) "Bag limit" means the
number, measurement, or weight of any kind of clams, mussels, crayfish, aquatic
insects, fish, frogs, turtles, wild birds, and wild quadrupeds permitted to be
taken.
(I) "Blind" means any type of
constructed shelter or device that conceals a person pursuing a wild
animal.
(J) "Body gripping trap" means
a device used to capture or restrain an animal by the body.
(K) "Buyer" means a person who
buys or otherwise acquires ginseng for resale or trade.
(L) "Cage trap" means a device
used to capture or restrain an animal that fully encloses the animal within
wood, wire, plastic or metal.
(M) "Camping unit" means a car
trailer, modified motor vehicle or tent accommodating not more than four
persons. The limit of four persons does not apply to children under six years
of age.
(N) "Captive white-tailed deer"
means legally acquired deer that are held in private ownership at a facility
licensed under section 943.03 or 943.031 of the Revised Code and under section
1533.71 or 1533.721 of the Revised Code.
(O) "Channels" or
"passages" means those narrow bodies of water lying between islands
or between an island and the mainland in lake Erie.
(P) "Chief" means chief of the
Ohio division of wildlife.
(Q) "Certificate of competency"
means a card certifying a student has successfully completed a hunter safety
course administered by a state or provincial wildlife agency or the
"National Rifle Association"; or a card certifying the person listed
thereon has successfully completed a trapper education course administered by a
state or provincial wildlife agency.
(R) "Cervidae" means all
members of the deer family which includes but is not limited to caribou, moose,
elk and deer.
(S) "Class A Aquaculture
Species" means:
(1) The following
species: alewife (Alosa pseudoharengus), American eel (Anguilla rostrata),
American bullfrog (Lithobates catesbeianus), Atlantic salmon (Salmo salar),
bigmouth buffalo (Ictiobus cyprinellus), black buffalo (Ictiobus niger), black
bullhead (Ameiurus melas), black crappie (Pomoxis nigromaculatus), black
redhorse (Moxostoma duquesnei), blackstripe topminnow (Fundulus notatus),
bluegill (Lepomis macrochirus), bluntnose minnow (Pimephales notatus), bowfin
(Amia calva), brook stickleback (Culaea inconstans), brook trout (Salvelinus
fontinalis), brown bullhead (Ameirus nebulosus), brown trout (Salmo trutta),
burbot (Lota lota), central mudminnow (Umbra limi), chain pickerel (Esox
niger), channel catfish (Ictalurus punctatus), chinook salmon, (Oncorhynchus
tshawytscha), coho salmon (Oncorhynchus kisutch), common carp (Cyprinus
carpio), common shiner (Luxilus cornutus), creek chub (Semotilus
atromaculatus), creek chub sucker (Erimyzon oblongus), cutthroat trout
(Oncorhynchus clarkia), emerald shiner (Notropis atherinoides), fathead minnow
(Pimephales promelas), flathead catfish (Pylodictis olivaris), freshwater drum
(Aplodinotus grunniens), freshwater shrimp (Macrobrachium rosenbergii), Giant
tiger prawn (Penaeus monodon), gizzard shad (Dorosoma cepedianum), golden
redhorse (Moxostoma erythrurum), golden shiner (Notemigonus crysoleucas),
goldfish (Carassius auratus), grass pickerel (Esox americanus), greater
redhorse (Moxostoma valenciennesi), green frog (Lithobates clamitans), green
sunfish (Lepomis cyanellus), highfin carpsucker (Carpiodes velifer), Iowa
darter (Etheostoma exile), lake chubsucker (Erimyzon sucetta), lake trout
(Salvelinus namaycush), lake whitefish (Coregonus clupeaformis), largemouth
bass (Micropterus salmoides), least darter (Etheostoma microperca), longear
sunfish (Lepomis megalotis), longnose gar (Lepisosteus osseus), mooneye (Hiodon
tergisus), muskellunge (Esox masquinongy), Northern hog sucker (Hypentelium
nigricans), Northern pike (Esox Lucius), orangespotted sunfish (Lepomis
humilis), Pacific white leg shrimp (Litopenaeus vannamei), pumpkinseed (Lepomis
gibbosus), quillback (Carpiodes cyprinus), rainbow smelt (Osmerus mordax),
rainbow trout (Oncorhynchus mykiss), redear sunfish (Lepomis microlophus),
redfin shiner (Notropis umbratilis cyanocephalus), river carpsucker (Carpiodes
carpio), river redhorse (Moxostoma carinatum), rock bass (Ambloplites
rupestris), sauger (Sander canadense), scarlet shiner (Lythrurus fasciolaris),
shorthead redhorse (Moxostoma macrolepidotum), silver redhorse (Moxostoma
anisurum), silver shiner (Notropis photogenis), smallmouth bass (Micropterus
dolomieu), smallmouth buffalo (Ictiobus bubalus), spotfin shiner (Cyprinella
spiloptera), spottail shiner (Notropis hudsonius), spotted bass (Micropterus
punctulatus), spotted sucker (Minytrema melanops), steelcolor shiner
(Cyprinella whipplei), tilapia (Tilapia spp. or Oreochromis spp.), walleye
(Sander vitreum), warmouth (Lepomis gulosus), Western mosquitofish (Gambusia
affinis), white bass (Morone chrysops), white crappie (Pomoxis annularis),
white sturgeon (Acipenser transmontanus), white sucker (Catostomus commersoni),
yellow bullhead (Ameiurus natalis), yellow perch (Perca flavescens), papershell
crayfish (Orconectes immunis), rusty crayfish (Orconectes rusticus), white
river crayfish (Procambarus acutus), the following snails: (Physella gyrina),
(Physella integra), (Planorbella trivolvis), (Helisoma anceps), (Ferrissia
rivularis), (Campeloma decisum), (Elimia livescens), (Stagnicola
elodes).
(2) The following species
outside of the lake Erie drainage basin: white bass X striped bass hybrid
(Morone chrysops X morone saxatilis), striped bass (Morone saxatilis), sauger X
walleye hybrid (Sander canadense X sander vitreum), blue catfish X channel
catfish hybrid (Ictalurus furcatus X ictalurus punctatus), threadfin shad
(Dorosoma petenense), shovelnose sturgeon (Scaphirhynchus platorynchus),
paddlefish (Polyodon spathula), shortnose gar (Lepisosteus platostomus),
skipjack herring (Alosa chrysochloris), and blue catfish (Ictalurus
furcatus).
(3) The following species
outside the Ohio river drainage basin: cisco or lake herring (Coregonus
artedi).
(4) The following species
outside the Ashtabula, Chagrin, Conneaut and Grand river drainage basins: brook
trout (Salvelinus fontinalus).
(5) The following species
when naturally occurring within the watershed of the aquaculture facility
according to Thoma, R.F., and R.F. Jezerinac, 2000, "Ohio Crayfish Shrimp
Atlas." "Ohio Biological Survey Miscellaneous Contributors" No.
7. 28pp: Allegheny crayfish (Orconectes obscurus), Sanborn's crayfish
(Orconectes sanbornii), Northern clearwater crayfish (Orconectes propinquus),
Northern crayfish (Orconectes virilis), spiny stream crayfish (Orconectes
cristavarius), rock crawfish (Cambarus carinirostris), Ortmann's mudbug
(Cambarus ortmanni), Teays river crayfish (Cambarus sciotensis), Ohio crawfish
(Cambarus sp.), big water crayfish (Cambarus robustus), great plains mudbug
(Cambarus sp.), paintedhand mudbug (Cambarus sp.), digger crayfish
(Fallicambarus fodiens), Sloan's crayfish (Orconectes
sloanii).
(T) "Class B Aquaculture
Species" means:
(1) The following
species: barramundi (Lates calcarifer) trapdoor snail (Viviparus sp.), Melantho
snail (Lymnaea sp.), and Australian red claw crayfish (Cherax
quadricarinatus).
(2) The following species
within the lake Erie drainage basin: white bass X striped bass hybrid (Morone
chrysops X morone saxatilis), striped bass (Morone saxatilis), sauger X walleye
hybrid (Sander canadense X sander vitreum), blue catfish X channel catfish
hybrid (Ictalurus furcatus X ictalurus punctatus), threadfin shad (Dorosoma
petenense), shovelnose sturgeon (Scaphirhynchus platorynchus), paddlefish
(Polyodon spathula), shortnose gar (Lepisosteus platostomus), skipjack herring
(Alosa chrysochloris), and blue catfish (Ictalurus furcatus).
(3) The following species
within the Ohio river drainage basin: cisco or lake herring (Coregonus
artedi).
(4) The following species
within the Ashtabula, Chagrin, Conneaut and Grand river drainage basins: brook
trout (Salvelinus fontinalus).
(5) The following species
when the aquaculture facility is outside of the watershed where the species
naturally occurs according to Thoma, R.F., and R.F. Jezerinac, 2000, "Ohio
Crayfish Shrimp Atlas." "Ohio Biological Survey Miscellaneous
Contributors" No. 7. 28pp: Allegheny crayfish (Orconectes obscurus),
Sanborn's crayfish (Orconectes sanbornii), Northern clearwater crayfish
(Orconectes propinquus), Northern crayfish (Orconectes virilis), spiny stream
crayfish (Orconectes cristavarius), rock crawfish (Cambarus carinirostris),
Ortmann's mudbug (Cambarus ortmanni), Teays river crayfish (Cambarus
sciotensis), Ohio crawfish (Cambarus sp.), big water crayfish (Cambarus
robustus), great plains mudbug (Cambarus sp.), paintedhand mudbug (Cambarus
sp.), digger crayfish (Fallicambarus fodiens), Sloan's crayfish
(Orconectes sloanii).
(U) "Clay pigeon" means a
circular clay target no larger than two hundred millimeter in
diameter.
(V) "Closed season" means that
period of time during which the taking of wild animals protected by Chapters
1531. and 1533. of the Revised Code is not allowed.
(W) "Collector" means a person
who harvests ginseng.
(X) "Commercial bird shooting
preserve" means an area of land where game birds are released and hunted
by shooting as authorized by a commercial bird shooting preserve license
obtained under section 1533.72 of the Revised Code.
(Y) "Commercial fish" means
those species of fish permitted to be taken, possessed, bought, or sold unless
otherwise restricted by the Revised Code or division order and are alewife
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin (Amia calva),
burbot (Lota lota), carp (Cyprinus carpio), smallmouth buffalo (Ictiobus
bubalus), big mouth buffalo (Ictiobus cyprinellus), grass carp,
(Ctenopharyngodon idella), black bullhead (Ictalurus melas), yellow bullhead
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel catfish
(Ictalurus punctatus), flathead catfish (Pylodictis olivaris), whitefish
(Coregonus sp.), cisco (Coregonus sp.), freshwater drum or sheepshead
(Aplodinotus grunniens), gar (Lepisosteus sp.), gizzard shad (Dorosoma
cepedianum), goldfish (Carassius auratus), lake trout (Salvelinus namaycush),
mooneye (Hiodon tergisus), quillback (Carpiodes cyprinus), smelt (Allosmerus
elongatus, Hypomesus sp., Osmerus sp., Spirinchus sp.), sturgeon (Acipenser
sp., Scaphirhynchus sp.), sucker other than buffalo and quillback (Carpiodes
sp., Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass
(Morone chrysops), white perch (Morone americanua), yellow perch (Perca
flavescens) and (Perca fluviatilis). When the common name of a fish is used in
Chapter 1531. or 1533. of the Revised Code, it refers to the fish designated by
the scientific name in this definition.
(Z) "Commercial fishing gear"
means seines, trap nets, fyke nets, dip nets, carp aprons, trotlines, other
similar gear, and any boat used in conjunction with that gear, but does not
include gill net.
(AA) "Controlled
access opportunity" means any opportunity where access or the number of
people is restricted, and a permit is issued by the chief of the division of
wildlife to participate.
(BB) "Crib" or
"car" refers to that particular compartment of the net from which the
fish are taken when the net is lifted.
(CC) "Crossbow"
means a device for propelling an arrow by means of limbs and a string, with a
shoulder-mount stock, and having a working safety.
(DD) "Cultivated
ginseng" means the plant species Panax Quinquefolius l., also known as
Panx Quinquefolium l., which is growing in tilled beds under shade of
artificial structures or under natural shade and is cultivated according to
standard ginseng horticultural practices.
(EE) "Dealer"
means a person who buys or otherwise acquires ginseng for resale or
trade.
(FF) "Dealer state
registration permit" means a permit issued by the chief of the Ohio
division of wildlife authorizing a dealer to buy or otherwise acquire ginseng
for resale and export ginseng from the state.
(GG) "Deer"
means white-tailed deer (Odocoileus virginianus).
(HH) "Division
order," "division of wildlife order," or "order of the
division of wildlife" means any written order, rule or regulation of the
chief of the division of wildlife.
(II) "Domestic
deer" means nonnative deer that have been legally acquired or their
offspring and that are held in private ownership for primarily agricultural
purposes.
(JJ) "Electronic
Catch Reporting System" means a computerized electronic database system
for the capture, transmission and management of commercial fishing
data.
(KK) "Falconry"
means taking game with a trained raptor, or with a trained raptor and a dog,
and includes the training of a raptor to take game.
(LL) "Farm
machinery" means all machines and tools that are used in the production,
harvesting, and care of farm products, and includes trailers that are used to
transport agricultural produce or agricultural production materials between a
local place of storage or supply and the farm, agricultural tractors, threshing
machinery, hay-baling machinery, corn shellers, hammermills, and machinery used
in the production of horticultural, agricultural, and vegetable
products.
(MM) "Federal
regulations" means the current U.S. fish and wildlife service regulations
and standards governing falconry.
(NN) "Field
trials" means the using or working of dogs or raptors that are being
tested or judged in their performance in finding, tracking, trailing, pointing,
hunting or retrieving game birds, by persons other than the owner or
handler.
(OO) "Fillet"
means the pieces of flesh taken or cut from both sides of a fish, joined to
form one piece of flesh.
(PP) "Firing
line" means a designated zone, area, or location on any division range
where shooters may fire from.
(QQ) "Fish"
means cold-blooded vertebrate having fins.
(RR) "Fishing"
means taking or attempting to take fish by any method, and all other acts such
as placing, setting, drawing, or using any device commonly used to take fish
whether resulting in a taking or not.
(SS) "Fishing
guide" means any person who, for consideration or hire, operates a boat,
rents, leases, or otherwise furnishes angling devices, ice fishing shanties or
shelters of any kind, or other fishing equipment, and accompanies, guides,
directs, or assists any other person, in order for the other person to engage
in fishing.
(TT) "Fly"
means a lure constructed on a single-point hook of feathers, tinsel, chenille,
yarn, fur, hair, silk, rayon, or nylon thread or floss, with or without
spinner.
(UU) "Foot
encapsulating trap" means a device used to capture or restrain an animal
with a trigger enclosed within a housing only accessible through a single
opening when set.
(VV) "Foothold
trap" means a device used to capture or restrain an animal by the
foot.
(WW) "Fur farm"
means any area used exclusively for raising furbearing animals or in addition
thereto used for hunting game, the boundaries of which are plainly marked as
such.
(XX) "Furbearing
animals" includes minks, weasels, raccoons, skunks, opossums, muskrats,
fox, beavers, badgers, otters, coyotes, bobcats and fishers.
(YY) "Gallinules" includes common gallinule and common
moorhen.
(ZZ) "Game"
includes game birds, game quadrupeds, and furbearing animals.
(AAA) "Game
birds" includes mourning doves, Eurasian collared-doves, ringneck
pheasants, bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated grouse,
wild turkey, Hungarian partridge, chukar partridge, woodcocks, black-breasted
plover, golden plover, Wilson's snipe, greater and lesser yellowlegs,
rail, coots, gallinules, duck, geese, brant, mergansers and crows.
(BBB) "Game
quadrupeds" includes cottontail rabbits, gray squirrels, black squirrels,
fox squirrels, red squirrels, flying squirrels, chipmunks, groundhogs or
woodchucks, white-tailed deer, elk, black bears, wild boar, feral swine, and
porcupines.
(CCC) "Gill
net" means a single section of fabric or netting seamed to a float line at
the top and a lead line at the bottom, which is designed to entangle fish in
the net openings as they swim into it.
(DDD) "Ginseng"
means wild or cultivated ginseng.
(EEE) "Green wild
ginseng" means freshly collected wild ginseng root which has not been
dried out and which is still pliable.
(FFF) "Grower"
means a person who grows ginseng in cultivated plots according to standard
ginseng horticultural practices.
(GGG) "Haggard
birds" means raptors after their first year of life in the
wild.
(HHH) "Harvest"
means to pick, cut, dig, root up, gather or otherwise collect
ginseng.
(III) "Hunting"
means pursuing, shooting, killing, following after or on the trail of, lying in
wait for, shooting at, or wounding wild birds or wild quadrupeds while
employing any device commonly used to kill or wound wild birds or wild
quadrupeds whether the acts result in killing or wounding or not. It includes
every attempt to kill or wound and every act of assistance to any other person
in killing or wounding or attempting to kill or wound wild birds or wild
quadrupeds.
(JJJ) "Ice fishing
shelter" means something taken to or used on a frozen body of water as
protection or cover from the weather.
(KKK) "Imping"
means the repair of a broken feather on a raptor by attaching a molted feather
or a feather from another bird to the stub of the damaged feather.
(LLL) "Injurious
aquatic invasive species" means the following:
(1) Fish: Alabama bass
(Micropterus henshalli), amur sleeper (Perccottus glenii), bighead carp
(Hypophthalmichthys nobilis), bitterling (Rhodeus sericeus), black carp
(Mylopharyngodon piceus), Crucian carp (Carassius carassius), diploid grass
carp - white amur (Ctenopharyngodon idella), eastern banded killifish (Fundulus
diaphanus), Eurasian minnow (Phoxinus phoxinus), European perch (Perca
fluviatilis), Florida bass (Micropterus floridanus), ide (Leuciscus idus),
large-scale silver carp (Hypophthalmichthys harmandi), Nile perch (Lates
niloticus), Prussian carp (Carassius gibelio), roach (Rutilus rutilus), round
goby (Neogobius melanostomus), rudd (Scardinius erythrophthalmus), ruffe
(Gymnocephalus cernuus), sea lamprey (Petromyzon marinus), silver carp
(Hypophthalmichthys molitrix), snakeheads (Channa app. and Parachanna app.),
stone moroko (Pseudorasbora parva), tench (Tinca tinca), three spine
stickleback (Gasterosteus aculeatus), tubenose goby (Proterorhinus marmoratus),
walking catfish (Claris batrachus), Wels catfish (Silurus glanis), white perch
(Morone americana), and zander (Sander lucioperca);
(2) Crustaceans: Chinese
mitten crab (Eriocheir sinensis), killer shrimp (Dikerogammarus villosus),
marbled crayfish (Procambarus virginalis), marron (Cherax tenuimanus), red
swamp crayfish (Procambarus clarkii), and yabby (Cherax
destructor);
(3) Mollusks: golden
mussel (Limnoperna fortune), New Zealand mudsnail (Potamopyrgus antipodarum),
quagga mussel (Dreissena bugensis), and zebra mussel (Dreissena
polymorpha).
(MMM) "Island" means a rock or land elevation above the
waters of lake Erie having an area of five or more acres above
water.
(NNN) "Lake Erie sport fishing district" means the Ohio
waters of lake Erie, its embayments including Maumee bay, Sandusky bay, east
harbor, middle harbor, west harbor and the entire length of all tributaries, or
to the first dam or designated landmark as follows:
Vermilion river - state route 2 bridge
Black river - state route 611 bridge
Rocky river - Detroit road bridge
Cuyahoga river - Harvard road bridge
Euclid creek - state route 283 bridge
Chagrin river - state route 283 bridge
Arcola creek - U.S. route 20 bridge
Wheeler creek - U.S. route 20 bridge
Cowles creek - U.S. route 20 bridge
Indian creek - U.S. route 20 bridge
Grand river - state route 535 bridge
Conneaut creek - main street (downtown Conneaut)
bridge
Ashtabula river - east 24th street bridge
(OOO) "Lake Erie yellow perch management unit" means the
geographic area within the lake Erie fishing district by which yellow perch
quotas are allocated. Ohio's yellow perch quotas for each lake Erie
yellow perch management unit are derived from the total allowable catch (TAC)
established by the lake Erie committee of the Great Lakes fishery commission.
Each lake Erie yellow perch management unit derives from the home range of a
yellow perch stock for which the quota management system was
instituted.
(1) Unit 1
Lake Erie yellow perch management unit one
consists of the waters of lake Erie in Lucas, Ottawa and Erie counties between
east and west boundaries as defined:
(a) The west boundary is the Michigan-Ohio state line beginning
in Maumee bay and extending northeast to the United States-Canada international
line in lake Erie including all waters in Lucas and Ottawa
counties.
(b) The east boundary is the eighty-two degree, thirty minute
meridian extending from the lake Erie shoreline north to the United
States-Canada international line.
(2) Unit 2
Lake Erie yellow perch management unit two
consists of the waters of lake Erie in Erie, Lorain, Lake and Cuyahoga counties
between west and east boundaries as defined:
(a) The west boundary is the eighty-two degree, thirty minute
meridian extending from the lake Erie shoreline north to the United
States-Canada international line.
(b) The east boundary is the eighty-one degree, twenty minute
meridian extending from the lake Erie shoreline north to the United
States-Canada international line.
(3) Unit 3
Lake Erie yellow perch management unit three
consists of the waters of lake Erie in Lake and Ashtabula counties between west
and east boundaries as defined:
(a) The west boundary is the eighty-one degree, twenty minute
meridian extending from the lake Erie shoreline north to the United
States-Canada international line.
(b) The east boundary is the Ohio-Pennsylvania state line
extending from the lake Erie shoreline north to the United States-Canada
international line.
(PPP) "Loaded firearm" means a firearm that has
cartridges or shells in either the chamber, or magazine, or both.
(QQQ) "Longbow" or "bow" means a device for
propelling an arrow by means of limbs, and a string which is hand-held,
hand-drawn, and held in a drawn position by hand or a hand-held mechanical
release or by a mechanical device with a working safety.
(RRR) "Marker" means a federally approved identification
device bearing a serial number for identifying a raptor used in
falconry.
(SSS) "Measurement of fish" means length from end of nose
to the longest tip or end of tail.
(TTT) "Migrate" means the transit or movement of fish to
or from one place to another as a result of natural forces or instinct and
includes, but is not limited to, movement of fish induced or caused by changes
in the water flow.
(UUU) "Migratory bird preservation facility" means any
residence or place of business which, for hire or other consideration, or any
cold-storage facility or locker plant which, for hire or other consideration,
or any hunting club which in the normal course of operation, receives,
possesses, or has in custody any migratory game birds belonging to another
person for purposes of picking, cleaning, freezing, processing, storage, or
shipment.
(VVV) "Migratory game birds" mean waterfowl, rails,
mourning doves, Eurasian collared-doves, cranes, cormorants and
shorebirds.
(WWW) "Minnow" means any fish of the Cyprinidae family;
including common carp but not other carp or goldfish.
(XXX) "Motor-driven conveyance" means anything having
wheels, tracks, or runners, propelled or drawn by power other than human
muscular power.
(YYY) "Motor vehicle" means every vehicle propelled or
drawn by power other than muscular power or power collected from overhead
electric trolley wires, except motorized bicycles, road rollers, traction
engines, power shovels, power cranes, and other equipment used in construction
work and not designed for or employed in general highway transportation,
hole-drilling machinery, well-drilling machinery, ditch-digging machinery, farm
machinery, and trailers designed and used exclusively to transport a boat
between a place of storage and a marina, or in and around a marina, when drawn
or towed on a street or highway for a distance of no more than ten miles and at
a speed of twenty-five miles per hour or less.
(ZZZ) "Muskrat spear" means any device used in spearing
muskrats.
(AAAA) "Mussel" means any bivalve mollusk including all
native and nonnative mussels and clams.
(BBBB) "Muzzleloading rifle" and "muzzleloading
shotgun" means a primitive weapon that shoots a projectile or projectiles
loaded exclusively from the muzzle and that is incapable of firing modern-day
ammunition.
(CCCC) "Native wildlife" means any species of the animal
kingdom indigenous to this state.
(DDDD) "Natural habitat" means the environment in which a
species exists as a natural population.
(EEEE) "Nestling or eyass" means young raptors not yet
capable of flight.
(FFFF) "Net" means fishing devices with meshes composed of
twine or synthetic material, and includes but is not limited to trap nets, fyke
nets, crib nets, carp aprons, dip nets and seines, except minnow seines and
minnow dip nets.
(GGGG) "New applicant for a commercial fishing license"
means any person who was not licensed in the previous fishing season or did not
hold in reserve a commercial fishing license in the previous fishing season.
Such person must meet the pre-application qualifications set forth in section
1533.342 of the Revised Code for a person who was not licensed in the previous
fishing season.
(HHHH) "Nongame birds" includes all other wild birds not
included and defined as game birds or migratory game birds.
(IIII) "Nonnative wildlife" means any wild animal not
indigenous to this state, but does not include domestic deer.
(JJJJ) "Nonresident" means any person who does not qualify
as a resident.
(KKKK) "Non-toxic shot" means shot comprised totally of
steel, steel shot coated with copper, or any shot which has been approved by
the U.S. fish and wildlife service.
(LLLL) "Nuisance wild animal" means a wild animal that
interferes with the use or enjoyment of property, is causing a threat to public
safety, or may cause damage or harm to a structure, property, or
person.
(MMMM) "Ohio ginseng management program" means the program
established by the Ohio division of wildlife, under the guidance of the federal
wildlife permit office of the U.S. fish and wildlife service, to achieve a
sustained yeild of ginseng so that harvesting efforts will not be detrimental
to the survival of the species.
(NNNN) "Ohio wild ginseng" means the plant species Panax
Quinquefolius L., also known as Panax Quinquefolium L., which is growing in an
uncultivated state or has been collected from its native habitat in an
uncultivated state, notwithstanding whether the ginseng occurs naturally from
that habitat or was introduced or increased in abundance by sowing ginseng seed
or by transplanting ginseng plants from other areas and performing no other
cultivation practices.
(OOOO) "Open season" means that period of time during
which the taking of wild animals protected by such chapters is
permitted.
(PPPP) "Out-of-state" means ginseng originating from a
state other than Ohio.
(QQQQ) "Part fillet" means a piece of flesh taken or cut
from one side of a fish.
(RRRR) "Passage birds" means raptors in their first year
of life and having immature plumage and capable of flight.
(SSSS) "Permanent-type tree stand" means any apparatus or
structure designed or used to hold or conceal a person except such apparatus or
structure that can be taken to and returned daily from the place of
use.
(TTTT) "Person" means a person as defined in section 1.59
of the Revised Code or a company; an employee, agent, or officer of such a
person or company; a combination of individuals; the state; a political
subdivision of the state; an interstate body created by a compact; or the
federal government or a department, agency, or instrumentality of
it.
(UUUU) "Personal abode" means one's principal or
ordinary home or dwelling place, as distinguished from his temporary or
transient place of abode or dwelling such as a hunting club, or any club house,
cabin, tent, trailer or house used as a hunting club, or any hotel, motel, or
rooming house used during a hunting, pleasure or business trip.
(VVVV) "Possession" means both actual and constructive
possession and any control of things referred to.
(WWWW) "Primitive weapons" means single shot muzzleloading
rifles, .38 caliber or larger, or any muzzleloading shotguns using single ball
or rifled slug, crossbows and longbows and arrows.
(XXXX) "Rails" (Rallidae), means coots, gallinules and
sora and other rails.
(YYYY) "Raptor" means any live bird of the family
Falconidae, Strigidae, or Accipitridae, other than a bald eagle (Haliaeetus
leucocephalus).
(ZZZZ) "Rearing unit" means any of the following when
associated to an aquaculture facility:
(1) "Cages"
means an open or covered, enclosed structure constructed with netting, mesh or
any porous material, allowing natural water interchange. These structures may
be floating, suspended, or fixed to the substrate but still permitting water
interchange from below.
(2) "Enclosures and
pens" means water areas confined by netting, mesh and other barriers
allowing uncontrolled water interchange and distinguished by the fact that
enclosures occupy the full water column between substrate and surface; pens and
enclosures will generally enclose a relatively large volume of
water.
(3) "Hatcheries" means installations for housing
facilities for breeding, nursing and rearing seed of fish, or invertebrates to
fry, fingerlings or juvenile stages.
(4) "Ponds and
tanks" means artificial units of varying sizes constructed above or below
ground level capable of holding and interchanging water.
(5) "Raceways"
means artificial units constructed above or below ground level capable of high
rates of water interchange.
(AAAAA) "Reef" means any location, not connected to a
mainland or island, that has a depth less than twenty feet and a slope of
greater than thirteen degrees (one foot change in depth over three hundred
thirty feet).
(BBBBB) "Relaxing lock" means a lock that stops tightening
the snare loop when the captured animal stops pulling against the
snare.
(CCCCC) "Reptiles" includes Agkistrodon contortrix mokasen
(Northern copperhead), Apalone mutica mutica (midland softshell turtle),
Apalone spinifera spinifera (Eastern spiny softshell turtle), Carphophis
amoenus amoenus (Eastern wormsnake), Carphophis amoenus helenae (Midwestern
wormsnake), Chelydra serpentina serpentina (snapping turtle), Chrysemys picta
marginata (midland painted turtle), Clemmys guttata (spotted turtle), Clonophis
kirtlandii (Kirtland's snake), Coluber constrictor constrictor (Northern
black racer), Coluber constrictor foxii (blue racer), Crotalus horridus (timber
rattlesnake), Diapophis punctatus edwardsii (Northern ring-necked snake),
Emydoidea blandingii (Blanding's turtle), Graptemys geographica (Northern
map turtle), Graptemys ouachitensis (ouachita map turtle), Heterodon
platirhinos (Eastern hog-nosed snake), Lampropeltis getula nigra (Eastern black
kingsnake), Lampropeltis triangulum triangulum (Eastern milk snake), Nerodia
erythrogaster neglecta (copper-bellied watersnake), Nerodia sipedon sipedon
(common watersnake), Nerodia sipedon insularum (Lake Erie watersnake),
Opheodrys aestivus aestivus (Northern rough snake), Opheodrys vernalis (smooth
greensnake), Pantherophis alleghaniensis (Eastern ratsnake), Pantherophis
gloydi (Eastern foxsnake), Plestiodon fasciatus (common five-lined skink),
Plestiodon laticeps (broad-headed skink), Podarcis muralis (common wall
lizard), Regina septemvittata (queensnake), Sceloporus undulatus (Eastern fence
lizard), Scincella lateralis (little brown skink), Sistrurus catenatus
catenatus (Eastern massasauga), Sternotherus odoratus (Eastern musk turtle),
Storeria dekayi dekayi (Northern brownsnake), Storeria dekayi wrightorum
(midland brownsnake), Storeria occipitomaculata occipitomaculata (Northern
red-bellied snake), Terrapene carolina carolina (Eastern box turtle),
Thamnophis brachystoma (short-headed gartersnake), Thamnophis butleri
(Butler's gartersnake), Thamnophis radix (plains gartersnake), Thamnophis
sauritus sauritis (common ribbonsnake), Thamnophis sirtalis sirtalis (Eastern
gartersnake), Trachemys scripta elegans (red-eared slider), Virginia valeriae
valeriae (Eastern smooth earthsnake).
(1) "Collectable
reptiles" includes Carphophis amoenus amoenus (Eastern wormsnake),
Carphophis amoenus helenae (Midwestern wormsnake), Chrysemys picta marginata
(midland painted turtle), Coluber constrictor constrictor (Northern black
racer), Coluber constrictor foxii (blue racer), Diapophis punctatus edwardsii
(Northern ring-necked snake), Graptemys geographica (Northern map turtle),
Heterodon platirhinos (Eastern hog-nosed snake), Lampropeltis triangulum
triangulum (Eastern milk snake), Nerodia sipedon sipedon (common watersnake),
Pantherophis alleghaniensis (Eastern ratsnake), Plestiodon fasciatus (common
five-lined skink), Plestiodon laticeps (broad-headed skink), Podarcis muralis
(common wall lizard), Sceloporus undulatus (Eastern fence lizard), Sternotherus
odoratus (Eastern musk turtle), Storeria dekayi dekayi (Northern brownsnake),
Storeria dekayi wrightorum (midland brownsnake), Storeria occipitomaculata
occipitomaculata (Northern red-bellied snake), Thamnophis butleri
(Butler's gartersnake), Thamnophis sauritus sauritis (common ribbonsnake),
Thamnophis sirtalis sirtalis (Eastern gartersnake), Trachemys scripta elegans
(red-eared slider).
(DDDDD) "Resident" means either of the
following:
(1) An individual who has resided in this state for not
less than six months preceding the date of making application for a license or
permit;
(2) An individual who is a full-time student enrolled in an
accredited Ohio public or private college or university and who resides in this
state at the time the individual makes application for a license or permit and
who attests to the individual's full-time student status in a manner
determined by the chief of the division of wildlife.
(EEEEE) "Round" when used in describing fish means with
head and tail intact.
(FFFFF) "Sell" or "sale" means barter, exchange,
or offer or expose for sale.
(GGGGG) "Shorebirds," means woodcock and Wilson's
snipe.
(HHHHH) "Shotgun" means a shoulder firearm with a smooth
inner surface barrel or a barrel with shallow grooves or rifling on the inner
surface as long as the grooved or rifled barrel is stamped by the original
manufacturer indicating a commonly recognized shotgun gauge.
(IIIII) "Sinkbox" means a raft or any type of low floating
device having a depression which affords the hunter a means of concealing
himself below the surface of the water.
(JJJJJ) "Small game" includes pheasants, quail, ruffed
grouse, sharp-tailed grouse, pinnated grouse, Hungarian partridge, chukar
partridge, woodcocks, black-breasted plover, golden plover, Wilson's
snipe, greater and lesser yellowlegs, rail, coot, gallinules, ducks, geese,
brant, crows, rabbits, gray squirrels, black squirrels, fox squirrels, red
squirrels, and groundhogs or woodchucks.
(KKKKK) "Snagging," "snag," and "snatch
hooks" means taking with a hook or hooks, so as to pierce and hook a fish
in a part of the body other than inside the mouth.
(LLLLL) "Snare" means a device used to capture or restrain
an animal by means of a loop which closes under the force of the animal pulling
against it.
(MMMMM) "Spreader bar" means a brail or rigid bar placed
across the entire width of the back, at the top and bottom of the cars in all
trap, crib, and fyke nets for the purpose of keeping the meshes hanging
squarely while the nets are fishing.
(NNNNN) "State certification of legal taking" means a legal
document attesting to the fact that a specific lot of ginseng was legally
harvested in the issuing state during a particular harvest year.
(OOOOO) "TAC" means the total allowable catch of walleye
and yellow perch for lake Erie as determined annually by the lake Erie
committee of the Great Lakes fishery commission. TAC refers to the maximum
sustainable amount of walleye (in numbers) and yellow perch (in pounds) that
can be removed from lake Erie during a specific year over a defined
geographical area.
(PPPPP) "Take" or "taking" includes pursuing,
shooting, hunting, killing, trapping, angling, fishing with a trotline, or
netting any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, wild
bird, or wild quadruped and any lesser act, such as wounding, or placing,
setting, drawing, or using any other device for killing or capturing any wild
animal, whether it results in killing or capturing the animal or not. It
includes every attempt to kill or capture and every act of assistance to any
other person in killing or capturing or attempting to kill or capture a wild
animal.
(QQQQQ) "Target area" means a designated zone, area, or
location where targets are placed in front of a backstop.
(RRRRR) "Taxidermy product" means a product created by art
or operation of preparing, stuffing, and/or mounting the skins or other parts
of dead animals for exhibition in a lifelike state or form.
(SSSSS) "Tip-up" means a device consisting of a hook and
line attached to a spring or other device which is capable of raising a small
flag or other signaling device when a fish is biting or is hooked.
(TTTTT) "Transport" or "transportation" means
carrying or moving or causing to be carried or moved.
(UUUUU) "Trapping" means securing or attempting to secure
possession of a wild bird or wild quadruped by means of setting, placing,
drawing, or using any device that is designed to close upon, hold fast,
confine, or otherwise capture a wild bird or wild quadruped whether the means
result in capturing it or not. It includes every act of assistance to any other
person in capturing wild birds or wild quadrupeds by means of the device
whether the means result in capturing or not.
(VVVVV) "Tributary" means a stream that flows into a larger
body of water.
(WWWWW) "Trotline" means a device for catching fish
consisting of a line having suspended from it, at frequent intervals, vertical
lines with hooks attached.
(XXXXX) "Vessel Monitoring System (VMS)" means a system or
mobile transceiver unit for use on vessels through the installation of a
satellite-tracking device to automatically receive and transmit vessel
information to include vessel location and speed.
(YYYYY) "Waterfowl" (Anatidae), means brant, wild ducks,
mergansers, geese and swans.
(ZZZZZ) "Waters" includes any lake, pond, reservoir,
stream, channel, lagoon, or other body of water, or any part thereof, whether
natural or artificial.
(AAAAAA) "Whole to include part" means that every provision
relating to any wild animal protected by Chapters 1531. and 1533. of the
Revised Code applies to any part thereof with the same effect as it applies to
the whole.
(BBBBBB) "Wholly enclosed preserve" means an area of land
that is surrounded by a fence that is at least six feet in height, unless
otherwise specified in division rule, and is constructed of a woven wire mesh,
or another enclosure that the division of wildlife may approve, where game
birds, game quadrupeds, reptiles, amphibians, or fur-bearing animals are raised
and may be sold under the authority of a commercial propagating license or
captive white-tailed deer propagation license obtained under section 1533.71 of
the Revised Code.
(CCCCCC) "Wild animal hunting preserve" means an area of
land where game, captive white-tailed deer, and nonnative wildlife, other than
game birds, are released and hunted as authorized by a wild animal hunting
preserve license obtained under section 1533.721 of the Revised
Code.
(DDDDDD) "Wild animals" includes mollusks, crustaceans,
aquatic insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, and
all other wild mammals.
(EEEEEE) "Wild birds" includes game birds and nongame
birds.
(FFFFFF) "Wild Boar" or "feral swine" means
members of the Suidae family to include but not limited to wild pig, wild hog,
feral hog, feral pig, Old world swine, razorbacks, European wild boar, Russian
wild boar, and members of the Tayasuidae family to include but is not limited
to collared peccary or javelina.
(GGGGGG) "Wildlife ornamental product" means a product or
item which is enhanced aesthetically by the addition of wild animals or parts
thereof during its manufacture and/or display.
(HHHHHH) "Wild quadrupeds" includes game quadrupeds and
furbearing animals.
