Chapter 1501:31-19 Wild Animal Regulations

1501:31-19-01 Wild animal importing, exporting, selling and possession regulations.

(A) It shall be unlawful for any person to possess, import or sell live individuals of the following species: Walking catfish (Clarias batrachus), diploid white amur or diploid grass carp (Ctenopharyngodon idella), silver carp - white bream (Hypophthalmichthys molitrix), black amur - black carp (Mylopharyngodon piceus), bighead carp - bighead - bighead amur (Hypophthalmichthys nobilis), ruffe (Gymnocephalus cernuus), round goby (Neogobius melanostomus), tubenose goby (Proterorhinusmarmoratus), snakeheads (Channa spp. and Parachanna spp.), white perch (Morone americana), three spine stickleback (Gasterosteusaculeatus), sea lamprey (Petromyzon marinus), eastern banded killifish (Fundulus diaphanus) or hybrid of such species at any time. Such fish may be used only for research, by zoos, public aquariums and public displays after obtaining written authorization from the chief.

(B) It shall be unlawful for any person to import or cause to be imported, transport, or cause to transported, or receive or possess live raccoons which have been imported or transported into this state from a point without this state. However, raccoons transported into Ohio that are pets may be possessed in captivity if the owner has a certificate from a veterinarian from the owner's previous state indicating the animal is disease free. The possessor also must have a permit or other document from the state agency from where he came indicating the raccoon was legally possessed in the former state.

(C) It shall be unlawful for any person to sell any wild bird or wild quadruped unless permitted by this rule, other wildlife orders, or the Revised Code.

(D) It shall be unlawful for any person to possess, import or sell exotic species of fish or hybrids thereof for introduction or to release into any body of water that is connected to or otherwise drains into a flowing stream or other body of water that would allow egress of the fish into public waters, or waters of the state, without first having obtained permission of the chief.

(E) For purposes of paragraph (E) of this rule, "exotic species of fish" are those fish which are not naturally found in the waters of the state of Ohio.

(F) It shall be unlawful for any person to import or sell triploid white amur within this state without first applying for and receiving written authorization from the chief. It shall be unlawful to import or sell triploid white amur except in accordance with the specifications and limitations as prescribed in the written authorization from the chief. All rules and regulations in the Ohio Revised Code and Ohio Administrative Code for possession, transportation, sale, or purchase of fish shall apply to this rule. Records, as required by the chief, shall be maintained and open to inspection at all reasonable hours by wildlife officers or any designee of the chief. Provided further, such officers may enter and inspect designated premises and any box, package, or receptacle and the contents for the purpose of determining whether any provision of Chapter 1531. or 1533. of the Revised Code or division order is being violated.

(G) Persons authorized by the chief, to import or sell triploid white amur shall import and/or sell only triploid white amur that are certified triploid by the U.S. fish and wildlife service or other person or agency approved by the chief, and shall retain for a period of not less than three years all records of sales of triploid white amur.

(H) Persons authorized by the chief to import or sell triploid white amur shall annually report in writing to the chief of the division of wildlife, the total number of triploid white amur sold and the total number purchased during each month of the year for which authorization to import or sell triploid white amur has been given. Such report shall be due in the office of the chief not later than January thirty-first of the year following the year being reported.

(I) Persons authorized by the chief to import or sell triploid white amur shall notify the chief of the division of wildlife in writing of each sale of triploid white amur in excess of one hundred fish. Such notification shall identify the name and address of the purchaser, the date of the sale, and the number of triploid white amur sold. It shall be due in the office of the chief within fifteen days of the sale.

(J) It shall be unlawful for any person to fail to comply with the provisions established in paragraphs (H), (I), and (J) of this rule.

(K) It shall be unlawful for any person to possess, import or sell.

(1) Raccoon dog (Nyctereutes procyonides)

(2) Marron (Cherax tenuimanus)

(3) Yabby (Cherax destructor)

(4) Zebra mussel (Dreissena polymorpha)

(5) Quagga mussel (Dreissena bugensis)

(6) Rudd (Scardinius erythrophthalmus)

(L) All definitions set forth in section 1531.01 of the Revised Code and rule 1501:31 1 02 ofthe Administrative Code shall apply to this rule.

Effective: 07/01/2010
R.C. 119.032 review dates: 01/29/2010 and 06/30/2015
Promulgated Under: 119.03
Statutory Authority: 1531.06 , 1531.08 , 1533.31
Rule Amplifies: 1531.08 , 1533.31
Prior Effective Dates: 5/1/76, 3/1/80, 6/1/85, 9/12/87, 6/1/88, 12/1/89, 6/7/93/, 1/25/97, 11/1/97, 3/1/00, 1/1/01, 2/1/02, 11/13/02, 1/1/06, 7/1/2008, 11/27/09

1501:31-19-02 Cervidae carcass regulations.

(A) Any person may possess all or any part of a cervidae carcass legally taken, killed or processed in Ohio.

(B) Any person may possess all or any part of a cervidae carcass taken or processed from areas published by the division and posted on the division website at wildohio.com provided the carcass consists only of any of the following:

(1) De-boned meat;

(2) Meat that is cut and securely and completely wrapped either commercially or privately with no part of the spinal column or head attached;

(3) Quarters or other portions of meat with no part of the spinal column or head attached;

(4) Antlers;

(5) Antlers attached to a skull cap from which all soft tissue has been removed;

(6) Upper canine teeth from which all soft tissue has been removed;

(7) Hides and capes without any part of the head or lymph nodes attached;

(8) Finished taxidermy mounts;

(9) Any soft body tissue wrapped and packaged for use by a diagnostic research laboratory.

(C) Any person may transport any cervidae carcass or part of cervidae carcass legally taken or processed from areas published by the division and posted on the division website at wildohio.com through Ohio provided the carcass or parts thereof is not off-loaded from the vehicle in which it entered the state.

(D) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.

Replaces: 1501:31-19-02

Effective: 01/01/2013
R.C. 119.032 review dates: 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 1531.06 , 1531.08 , 1531.10
Rule Amplifies: 1531.06 , 1531.08 , 1531.10
Prior Effective Dates: 6/1/06, 7/1/08, 11/24/08, 7/1/12

1501:31-19-04 Cervidae regulations.

(A) It shall be unlawful for holders of a captive white-tailed deer propagation license in possession of white-tailed deer (Odocoileus virginianus) or their hybrids to:

(1) Maintain or keep white-tailed deer or their hybrids in an enclosure that does not meet the following standards:

(a) The enclosure must prevent ingress or egress of any captive white-tailed deer or their hybrids.

(b) Enclosures must be a minimum of eight feet in height with a maximum deviation not to exceed four per cent.

(c) Enclosures must be constructed of materials approved by the division of wildlife in consultation with the U.S. department of agriculture animal and plant health inspection service, the Ohio department of agriculture and representatives of the Ohio cervid industry. The current minimum enclosure standards are:

Woven wire mesh fencing.

(2) Take white-tailed deer from the wild in to captivity.

(B) It shall be unlawful to release or fail to prevent escape of any member of the family cervidae or their hybrids outside of a pen, fence or other enclosure.

(C) It shall be unlawful to dispose of, in a manner not approved by the Ohio department of agriculture under section 941.14 of the Revised Code or at an Ohio environmental protection agency approved facility, any carcasses or parts of captive cervidae which are killed or die.

(D) Escaped captive white-tailed deer.

(1) It shall be unlawful for the holder of a captive white-tailed deer propagation license to fail to notify the chief of the division of wildlife or their agent of any escape of any captive white-tailed deer within twenty-four hours of becoming aware of the escape.

(2) It shall be unlawful for the holder of a captive white-tailed deer propagation license to fail to immediately upon becoming aware of an escape of any captive white-tailed deer, make repairs to the enclosure to prevent escape of any additional captive white-tailed deer.

(E) Permanent establishments accredited by the American zoo and aquarium association, or scientific or research institutions with approval from the chief of the division of wildlife are exempt from this rule, however it shall be unlawful for such establishments or institutions to:

(1) Fail to report by March fifteenth of each year the sex, quantity and disposition of all white-tailed deer or their hybrids in possession during the previous twelve months. Such report shall be on a division of wildlife approved form.

(2) To release any member of the family cervidae or their hybrids outside of a pen, fence or other enclosure.

(3) Fail to notify by telephone the chief of the division of wildlife or his agent of any escaped or missing white-tailed deer or their hybrids within twenty-four hours of knowledge of their absence.

Replaces: 1501:31-19-04

Effective: 01/01/2013
R.C. 119.032 review dates: 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 1531.06 , 1531.08 , 1531.10 , 1533.79
Rule Amplifies: 1531.06 , 1531.08 , 1531.10 , 1533.79
Prior Effective Dates: 11/24/2008