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Ohio Laws and Rules
(A) The following regulations are hereby established by authority of sections 1531.08, 1533.08 and 1533.09 of the Revised Code.
(B) The chief of the division of wildlife is hereby authorized to establish a scientific collecting permit and an education permit. The chief shall establish criteria and guidelines for qualification for such permits. Persons not providing adequate qualifications will be denied a permit.
(C) Persons desiring to engage in bird banding activities shall receive banding permit from the division of wildlife. banding permits allow banding and release activities only. all birds killed or injured during banding activities, shall be provided to the division of wildlife or transferred to an approved wild animal permit holder. All banding permit holders must have or work under the authority of a valid banding or marking permit issued by the U.S. fish and wildlife service.
(D) All persons requesting a scientific collecting, education or banding permit shall at the time of application for such permit provide the information requested on forms provided by the division of wildlife for each separate project. Permit holders may add projects during the duration of the permit but only after submitting projects and receiving approval from the wildlife chief.
(E) Persons failing to provide full information required on the application form to the satisfaction of the wildlife chief will be denied a permit. In addition, a copy of all published reports or publications derived from the data collected shall be provided to the division of wildlife.
(F) Wild animal permits expire at midnight on March fifteenth of each year.
(G) Persons who assist a permit holder are authorized to collect and/or possess wild animals for the permit holder.
(1) Persons who assist a permit holder are authorized to collect and/or possess wild animals only under the conditions of the permit, in compliance with wildlife laws.
(2) The permit holder is responsible for ensuring that wild animals are collected or possessed by his assistants only in compliance with the permit.
(H) The chief of the division of wildlife is hereby authorized to issue free letter permits to qualified persons for the taking, possession or transportation of wild animals, including aquatic nuisance species and endangered species. Persons desiring a letter permit shall supply information as required by the chief. Failure to provide such information will result in denial of the permit.
(I) It shall be unlawful for any person receiving a permit established by this rule or section 1533.08 of the Revised Code to fail to submit a written report of collecting activities prior to March fifteen each year. The report shall list the following information for each specimen collected:
(1) Scientific name and quantity collected.
(2) Date collected.
(3) Location (county and township) collected.
(4) Location, date and method each specimen was disposed of.
(J) It shall be unlawful for any person possessing a permit mentioned in this rule to take, possess, or transport any wild animal contrary to any condition set forth within the permit or established by the chief of the division of wildlife.
(K) It shall be unlawful to use or provide any contraceptive drugs, substances or chemicals to any free ranging wild animal. Provided further, persons may request permission from the chief of the division of wildlife to use contraceptives for scientific research. The chief may issue a conditional permit in writing after a person has submitted in writing the proposal which outlines the scientific research project.
(L) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.
Replaces: 1501:31-25-01, 1501:31-25-02
Effective: 07/01/2008
R.C. 119.032 review dates: 02/04/2008 and 07/01/2013
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1533.08, 1533.09
Rule Amplifies: 1531.06, 1531.08, 1533.08, 1533.09
Prior Effective Dates: 5/1/76, 1/2/81, 6/1/85, 8/15/95, 9/24/02, 5/27/05
Rescinded eff 7-1-08
(A) It shall be lawful for a person with a rehabilitators permit to rehabilitate orphaned or injured wild animals for the purpose of releasing the wild animals back to the wild.
(B) Rehabilitator permit applicants must be eighteen years of age or older.
(C) Rehabilitator permit holders shall provide proper facilities for all animals in their care. All persons applying for a rehabilitators permit shall meet the cage and holding requirements specified on the permit application form.
(D) Category I rehabilitators permit applicants shall have completed a division of wildlife approved rehabilitation course or a course established by the Ohio wildlife rehabilitators association and approved by the division of wildlife and provide documentation that they have a veterinarian’s assistance when needed.
(E) Persons holding a category I rehabilitators permit may rehabilitate orphans, except deer, raccoons, weasels, skunks, mink, opossums, badgers, beaver, raptors, canids, bats, and state or federal endangered species.
(F) Persons that have at least three years of rehabilitation experience, as a category I rehabilitator or equivalent may apply for a category II rehabilitators permit. A category II rehabilitators permit will allow the individual permit holder to rehabilitate all species of wild animals except deer, coyote, or state or federal endangered species unless otherwise approved by the chief of the division of wildlife. Category II rehabilitators shall provide documentation that they have veterinarian assistance and the ability to properly care for wild animals that are diseased, injured, or need rehabilitative care.
(G) Persons holding a rehabilitators permit shall comply with all provisions and conditions set forth in the permit and any of the Ohio wildlife rehabilitators association minimum standards for the care and welfare of animals.
(H) All rehabilitators permit holders shall keep a record of all animals by species which are held for rehabilitation. Records shall include where the animal was found, the date the wild animal was received, the reason the animal needed rehabilitation, the date and location where the wild animal was released, or its final disposition. Provided further all of the aforementioned records shall be held on file for a period of two years and shall be open for inspections by any division of wildlife personnel.
(I) Failure to comply with any provisions or conditions of the rehabilitators permit, this rule, or any other division of wildlife rule shall result in the revocation of the rehabilitators permit.
(J) Any wildlife officer may remove any wild animal which is being improperly cared for and provide written notice to the holder of a the rehabilitators permit that his or her permit is being revoked until such time as the conditions of the facility or the care and handling deficiencies are corrected.
(K) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.
HISTORY: Eff 10-30-95; 11-1-97
Rule promulgated under: RC Chapter 119.
Rule amplifies: 119.032 Review Date: 9-24-02; 9-24-07
(A) “Native” reptiles or amphibians are those taxa listed in Ohio Revised Code section 1531.01 (WW) and (XX) and includes any individual, parts, eggs, tadpoles, or offspring dead or alive.
(B) No endangered reptile or amphibian designated as such may be possessed, bred, sold, offered for sale, traded or bartered except in accordance with Ohio Revised Code section 1531.25 and Ohio Administrative Code rules 1501:31-23-01 and 1501:31-25-04 (this rule).
(C) Except as provided in paragraph (B) of this rule, an Ohio resident, with a propagating license, may possess native reptiles or amphibians, live or dead which have been wild captured, legally obtained from out of state or capatively produced. The following are exceptions to this rule:
(1) The following taxa shall be taken, bought and/or sold in accordance with Ohio Administrative Code rule 1501:31-13-05:
Bullfrog (Rana catesbeiana)
Green frog (Rana clamitans)
Snapping turtle (Chelydra serpentina serpentina)
Spiny softshell turtle (Apalone spinifera spinifera)
Smooth softshell turtle (Apalone mutica mutica)
(2) Except as provided in paragraph (B) of this rule, and paragraph (B) of rule 1501:31-13-05 of the Administrative Code, an Ohio resident 17 years of age or younger may possess without a propagating license not more than four individuals or 25 eggs, tadpoles, or larvae of each native reptile or amphibian, live or dead which have been taken from the wild, legally obtained from out of state or captively produced.
(3) Only an Ohio resident may possess four total individuals of each native reptile or amphibian listed in paragraphs (C)(3)(a) and (C)(3)(b) of this rule taken from the wild.
(a) The following reptiles may be taken from the wild:
Common Musk Turtle (Sternotherus odoratus), Common Map Turtle (Graptemys geographica), Midland Painted Turtle (Chrysemys picta marginata), Red-eared Slider (Trachemys scripta elegans), Northern Fence Lizard (Sceloporus undulatus hyacinthinus), Ground Skink (Scincella lateralis), Five-Lined Skink (Eumeces fasciatus), Broadhead Skink (Eumeces laticeps), European Wall Lizard (Podarcis muralis), Queen Snake (Regina septemvittata), Northern Water Snake (Nerodia sipedon sipedon), Northern Brown Snake (Storeria dekayi dekayi), Midland Brown Snake (Storeria dekayi wrightorum), Northern Redbelly Snake (Storeria occipitomaculata occipitomaculata), Eastern Garter Snake (Thamnophis sirtalis sirtalis), Butler’s Garter Snake (Thamnophis butleri), Eastern Ribbon Snake (Thamnophis sauritus sauritus), Northern Ribbon Snake (Thamnophis sauritus septentrionalis), Eastern Hognose Snake (Heterodon platirhinos), Eastern Smooth Earth Snake (Virginia valeriae valeriae), Northern Ringneck Snake (Diadophis punctatus edwardsii), Midwest Worm Snake (Carphophis amoenus helenae), Eastern Worm Snake (Carphophis amoenus amoenus), Black Racer (Coluber constrictor constrictor), Blue Racer (Coluber constrictor foxii), Smooth Green Snake (Opheodrys vernalis vernalis), Black Rat Snake (Elaphe obsoleta obsoleta), Eastern Milk Snake (Lampropeltis triangulum triangulum), and Northern Copperhead (Agkistrodon contortrix mokasen).
(b) The following amphibians may be taken from the wild:
Mudpuppy (Necturus maculosus maculosus), Red-Spotted Newt (Notophthalmus viridescens viridescens), Jefferson Salamander (Ambystoma jeffersonianum), Spotted Salamander (Ambystoma maculatum), Smallmouth Salamander (Ambystoma texanum), Streamside Salamander (Ambystoma barbouri), Marbled Salamander (Ambystoma opacum), Eastern Tiger Salamander (Ambystoma tigrinum tigrinum), Northern Dusky Salamander (Desmognathus fuscus fuscus), Mountain Dusky Salamander (Desmognathus ochrophaeus), Redback Salamander (Plethodon cinereus), Ravine Salamander (Plethodon richmondi), Northern Slimy Salamander (Plethodon glutinosus), Wehrle’s Salamander (Plethodon wehrlei), Kentucky Spring Salamander (Gyrinophilus porphyriticus duryi), Northern Spring Salamander (Gyrinophilus porphyriticus porphyriticus), Mud Salamander (Pseudotriton montanus), Northern Red Salamander (Pseudotriton ruber ruber), Northern Two-lined Salamander (Eurycea bislineata), Longtail Salamander (Eurycea longicauda longicauda), Southern Two-lined Salamander (Eurycea cirrigera), Fowler’s Toad (Bufo woodhousii fowleri), American Toad (Bufo americanus), Blanchard’s Cricket Frog (Acris crepitans blanchardi), Northern Spring Peeper (Pseudacris crucifer crucifer), Gray Treefrog (Hyla versicolor), Cope’s Gray Treefrog (Hyla chrysoscelis), Western Chorus Frog (Pseudacris triseriata triseriata), Mountain Chorus Frog (Pseudacris brachyphona), Northern Leopard Frog (Rana pipiens), Pickerel Frog (Rana palustris), Southern Leopard Frog (Rana utricularia), Wood Frog (Rana sylvatica) and any hybrids.
(c) No wild captured native reptile and/or amphibian, live or dead, shall be bought, sold, offered for sale, traded, or bartered, except as provided in Administrative Code rule 1501:31-13-05.
(d) It shall be unlawful for a nonresident to collect native reptiles or amphibians from the wild, except as provided in Administrative Code rule 1501:31-13-05.
(4) Except as provided in paragraph (B) of this rule, permanent establishments that are accredited by the American zoo and aquarium association, or division of wildlife approved museums, or scientific or educational institutions are exempt from this rule. All establishments that are accredited by the American zoo and aquarium association, or division of wildlife approved museums, or scientific or educational institutions shall submit an annual report to the division of wildlife by March fifteenth which includes a listing of all native reptiles and amphibians in possession, by species, sex, length, quantity, purpose for possession, and date and where or from whom acquired.
(D) Except as provided in paragraph (B) of this rule, the division of wildlife shall issue a license to sell, offer for sale, trade or barter, legally obtained from out of state or captively produced reptiles or amphibians to persons who have submitted a complete commercial propagating license application form provided by the division of wildlife.
(E) Commercial or noncommercial propagating license applications must be requested from the division of wildlife within ten days after the applicant takes possession of a native reptile or amphibian.
(F) All live native snakes with a snout-vent length of eighteen inches or greater and all native turtles with a straight line carapace length of four inches or greater held in captivity, must be permanently marked with a unique passive integrated transponder implanted under the skin in each specimen. Only pit tags which can be read by an avid reader may be implanted. Passive integrated transponders shall be available for purchase from the division of wildlife.
(G) All records shall be maintained for five years by the license holder and be available for inspection by a representative of the division of wildlife at all reasonable hours. All persons buying, selling, trading, bartering, receiving or giving away native reptiles or amphibians shall maintain accurate records which include:
(1) The taxa and number of native reptiles or amphibians received, traded, bartered, given as a gift, or sold, the birth dates of captive born animals and the date, location and length of all wild captured taxa,
(2) The complete name and address of the person from whom an animal was purchased or to whom the animal was sold, traded, bartered, received or given as a gift, and
(3) The unique passive transponder code of implanted snakes and/or turtles.
(H) A reptile or amphibian that has been captively produced or is not native to Ohio may not be released into the wild. Only reptiles or amphibians that were taken from the wild may be released back into the wild and only if:
(1) They have not been held in captivity, in the same enclosure, with any other species of reptile or amphibian; and
(2) They have not been in captivity for more than 30 days; and
(3) They are released at the point of capture; or
(4) A person first has written authorization from the chief of the division of wildlife.
(I) The license holder shall retain a certificate of origin, a bill of sale, receipted invoice, or other division of wildlife approved evidence of lawful acquisition for each individual of any taxa of reptile or amphibian captively produced or legally obtained from out of state. Documentation shall include both the common and scientific name, number of individuals by taxa, date of transaction, and name and address of seller, including commercial or noncommercial Ohio propagating license number when applicable.
(J) In accordance with Ohio Revised Code Chapters 1531. and 1533., the chief of the division of wildlife may revoke a propagating license, if the chief finds that the license holder has violated or is violating Ohio Revised Code Chapter 1531., or 1533., or any division rule.
(K) It shall be unlawful to buy, sell, transport, or possess wood (Clemmys insculpta) turtles, without a propagating license. A commercial or noncommercial propagating license applications must be requested from the division of wildlife within ten days after the applicant takes possession of the legally obtained from out of state or captively produced wood turtle. A commercial propagating license is required prior to any sales, trade, barter, or giving a gift of any wood turtle in Ohio.
(L) All Ohio residents who possess native reptiles and/or amphibians must request a propagating license application from the division of wildlife within 30 days of the effective date of this rule.
(M) No reptile or amphibian may be taken with the use of chemicals, smoke, explosives, winches, jacks or other device or material that may cause damage or destroy the den or immediate surroundings thereof.
HISTORY: Eff 3-15-00; 5-3-00; 2-1-02
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 1531.08, 1533.11
Rule amplifies: RC 1531.08, 1533.71
119.032 Review Date: 9-24-02; 9-24-07