This rule does not apply to American bullfrogs and
green frogs possessed at a permitted aquaculture production facility as
provided in section 1533.632 of the Revised Code and in rule 1501:31-39-01 of
the Administrative Code. Provided further, this rule does not apply to American
bullfrogs and green frogs legally acquired from the holder of an aquaculture
permit issued under section 1533.632 of the Revised Code and as provided in
rule 1501:31-39-01 of the Administrative Code.
(A) Season dates
(1) It shall be unlawful
for any person to take bullfrogs or green frogs from May first through six p.m.
on the second Friday of June each year.
(2) It shall be unlawful
for any person to take snapping turtles or softshell turtles from January first
through the last day of June each year.
(3) It shall be unlawful
to take, collect or possess the eggs of snapping turtles or softshell turtles
unless legally acquired from outside the state, or propagated under the
authority of a commercial or noncommercial propagating license issued under
section 1533.71 of the Revised Code.
(B) Bag and size limits
(1) It shall be unlawful
for any person to take more than fifteen bullfrogs or green frogs, singularly
or in the aggregate, in any one day.
(2) It shall be unlawful
for any person to possess more than fifteen bullfrogs or green frogs,
singularly or in the aggregate, at or between the place where taken and a
residence or place of lodging.
(3) It shall be unlawful
for any person to take snapping turtles or softshell turtles with a
straight-line carapace length of less than eleven inches.
(4) It shall be unlawful
for an Ohio resident to take or possess more than four total individuals of
each species of collectible reptiles or collectible amphibians from the wild in
Ohio.
(5) It shall be unlawful
to take any reptile or amphibian not listed as a collectible reptile or
collectible amphibian from the wild in Ohio except bullfrogs, green frogs,
snapping turtles and softshell turtles.
(6) It shall be unlawful
to take or possess any reptile or amphibian from any area under agreement with,
owned, controlled or administered by the division of wildlife, except
for:
(a) Persons who have received written permission from the chief
of the division of wildlife, provided they carry and exhibit said permission
upon request.
(b) Persons lawfully taking bullfrogs, green frogs, snapping
turtles and softshell turtles.
(7) It shall be unlawful
for a nonresident to take any collectible reptile or collectible amphibian from
the wild in Ohio.
(C) Methods
(1) It shall be unlawful
for any person to take reptiles or amphibians by shooting; except bullfrogs and
green frogs may be taken with a longbow or crossbow and arrow.
(2) It shall be unlawful
for any person to set, use or maintain a turtle trap having mesh measuring less
than four inches on a side unless such traps are provided with an escape ring
of at least six inches in diameter, leading out of the trap, held open at all
times.
(3) It shall be unlawful
for any person to take or attempt to take turtles by means of a trap, placed in
the water, having wings or leads.
(4) It shall be unlawful
for any person to take reptiles or amphibians with a foot hold or body-gripping
trap.
(5) It shall be unlawful
for any person to fail to inspect or maintain their trap once every twenty-four
hour period.
(6) It shall be unlawful
for any person to set, use or maintain traps unless they have attached thereto
a durable waterproof tag bearing the name and address of the user legible in
the English language.
(7) It shall be unlawful
for any person to disturb or molest a legally set trap of another person
without permission from the trap's owner or user.
(8) It shall be unlawful
to take reptiles or amphibians with the aid or use of chemicals, deleterious or
stupefying substances, smoke, explosives, winches, jacks or other device or
material that may cause damage to or destroy the den, hibernaculum, nest, or
immediate surroundings thereof.
(D) Permits
(1) It shall be unlawful
to buy, sell, barter or trade any reptile or amphibian taken from the wild in
Ohio except snapping turtles and softshell turtles.
(2) It shall be unlawful
to export live snapping turtles or live softshell turtles taken from the wild
in Ohio, except for live snapping turtles or live softshell turtles possessed
under the authority of a commercial or noncommercial propagating license issued
under section 1533.71 of the Revised Code.
(3) It shall be unlawful for any person
eighteen years of age or older to fail to apply to the division of wildlife for
a propagating license under section 1533.71 of the Revised Code after taking
possession of a reptile or amphibian, except:
(a) Bullfrogs and green frogs legally acquired from outside the
state, or propagated under the authority of a commercial propagating license
issued under section 1533.71 of the Revised Code, that are accompanied by a
bill of sale, receipt, record of acquisition or invoice, legible in the English
language, and are possessed and sold solely for consumption as
food.
(b) Snapping turtles and softshell turtles legally acquired from
outside the state, or legally obtained from within the state, that are
accompanied by a bill of sale, receipt, record of acquisition or invoice,
legible in the English language, and are possessed and sold solely for
consumption as food.
(c) Snapping turtles and softshell turtle heads, shells and feet
legally acquired from outside the state, or legally obtained from within the
state, that are accompanied by a bill of sale, receipt, record of acquisition
or invoice, legible in the English language.
(d) Wildlife ornamental products.
(4) It shall be unlawful for an Ohio
resident seventeen years of age or younger to posses, without applying for a
propagating license under section 1533.71 of the Revised Code, more than four
individuals or more than twenty-five eggs, tadpoles, or larvae of each species
of reptile or amphibian.
(E) Records
(1) It shall be unlawful
for any person possessing, buying, selling, trading, bartering, receiving or
gifting reptiles or amphibians to fail to maintain accurate records, legible in
the English language, which include the scientific and common names and the
following, when applicable:
(a) The date of acquisition or transactions.
(b) The number of reptiles or amphibians by species.
(c) The birth dates of reptiles and amphibians propagated while
in possession, by species.
(d) The location of capture and length of all reptiles and
amphibians taken from the wild by species.
(e) The complete name and address of the person from whom the
reptile or amphibian was purchased or otherwise acquired.
(f) The complete name and address of the person to whom the
reptile or amphibian was sold, traded, bartered or given as a
gift.
(g) The weight of snapping turtles or softshell turtles sold
solely for consumption as food by species.
(h) The date of death or escape.
(i) The unique passive integrated transponder identifier of any
implanted reptile.
(2) It shall be unlawful
to fail to retain a certificate of origin, a bill of sale, receipt, record of
acquisition or invoice legible in the English language, for each individual
reptile or amphibian produced in captivity or legally obtained from out of
state which includes:
(a) Both the scientific and common name.
(b) Number of reptiles and amphibians by species.
(c) Date of acquisition or transaction.
(d) The complete name and address of the person from whom the
reptile or amphibian was purchased or otherwise acquired.
(e) The propagating license number as issued under section
1533.71 of the Revised Code, when applicable.
(3) It shall be unlawful
to fail to maintain on the premises as stated on the license, for a period of
less than five years any:
(a) Records required by this rule.
(b) Certificate of origin, a bill of sale, receipt, record of
acquisition or invoice required by this rule.
(4) It shall be unlawful
to fail to make available for inspection, by an authorized representative of
the division of wildlife, at any reasonable time:
(a) Reptiles and amphibians possessed.
(b) Records required by this rule.
(c) Certificate of origin, a bill of sale, receipt, record of
acquisition or invoice required by this rule.
(5) Records shall not be
required for:
(a) Retail store and restaurant sales of snapping turtles,
softshell turtles, bullfrogs and green frogs to persons solely for their own
consumption as food.
(b) Persons who purchase snapping turtles, softshell turtles,
bullfrogs and green frogs solely for their own consumption as
food.
(c) Wildlife ornamental products.
(F) Passive integrated
transponders
(1) It shall be unlawful
to possess any live reptile not permanently implanted with a unique passive
integrated transponder with a frequency of 125 kHz, 134.2 kHz or 400 kHz in
each:
(a) Snake with a snout-vent length of eighteen inches or
greater.
(b) Turtle with a straight-line carapace length of four inches or
greater, except:
Snapping turtles and softshell turtles
legally acquired from outside the state, or legally obtained from within the
state, that are accompanied by a bill of sale, receipt, record of acquisition
or invoice, legible in the English language, and are possessed and sold solely
for consumption as food.
(2) It shall be unlawful
to sell, barter, trade or gift any reptile, regardless of size, to another
person that is not permanently implanted with a unique passive integrated
transponder with a frequency of 125 kHz, 134.2 kHz or 400 kHz in each specimen,
except:
Snapping turtles and softshell turtles legally
acquired from outside the state, or legally obtained from within the state,
that are accompanied by a bill of sale, receipt, record of acquisition or
invoice, legible in the English language, and are possessed and sold solely for
consumption as food.
(G) Release into the wild, unless
otherwise authorized by a permit issued by the chief of the division of
wildlife:
(1) It shall be unlawful
to release any reptile or amphibian into the wild obtained from outside the
state.
(2) It shall be unlawful
to release any reptile or amphibian into the wild that has been raised in
captivity, except for those amphibians propagated and reared under the
authority of an aquaculture permit issued under section 1533.632 of the Revised
Code and only with the landowners permission.
(3) It shall be unlawful to release any
reptile or amphibian into the wild that was taken from the wild in Ohio and was
held in captivity for more than thirty days.
(4) It shall be unlawful to release any
reptile or amphibian into the wild at any place other than the location of
capture.
(5) It shall be unlawful to release any
reptile or amphibian into the wild that has been held in captivity, in the same
enclosure with any other species of reptile or amphibian.
(H) Special areas
Pymatuning lake
It shall be unlawful to take frogs and turtles in
any manner or by any method except as provided in rule 1501:31-13-07 of the
Administrative Code.
(I) All definitions set forth in rule
1501:31-1-02 of the Administrative Code apply to this rule.
