Chapter 1501:31-39 Aquaculture

1501:31-39-01 [Effective until 3/1/2015] Aquaculture permits.

(A) It shall be unlawful for a person to engage in aquaculture without first making application for an aquaculture permit and receiving one from the chief of the division of wildlife.

(B) Each applicant for an aquaculture permit shall submit to the division of wildlife a completed application form provided by the division which shall include, but is not limited to, the name and owner of the aquaculture production facility, class of aquaculture permit requested, the common and scientific names of fish species to be produced, the location by state, county, and street address of the aquaculture production facility.

(C) The yearly fee for a class A aquaculture permit is fifty dollars. The yearly fee for a class B aquaculture permit is one-hundred dollars. All aquaculture permits expire December thirty-first of each year. No aquaculture permit issued pursuant to section 1533.632 of the Revised Code is transferable.

(D) Aquaculture permits shall be of two classes, as follows:

(1) Class A aquaculture permits

(a) It shall be unlawful for any person possessing a class A aquaculture permit to possess, buy, and sell any aquatic species for the purpose of aquaculture, except for unrestricted species as defined in rule 1501:31-1-02 of the Administrative Code.

(2) Class B aquaculture permits

(a) It shall be unlawful for any person to engage in the propagation, culture, or sale of a restricted species, as described in this section, for the purpose of aquaculture without first obtaining a class B aquaculture permit.

(b) A class B aquaculture permit shall not be issued unless the applicant has had the facility inspected by a representative of the division of wildlife and the facility has been found to meet the following restrictions for each aquatic species listed on the application:

(i) Aquatic species requiring two levels of escapement prevention if cultured in the lake Erie drainage basin. These species include white bass X striped bass hybrid (Morone chrysops X morone saxatilis), striped bass (Morone saxatilis), sauger X walleye hybrid (Stizostedion canadense X stizostedion 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), and blue catfish (Ictalurus furcatus). If these species are cultured outside of the lake Erie drainage basin, this restriction does not apply and no facility inspection is needed.

(ii) Aquatic species requiring two levels of escapement prevention if cultured in the Ohio river drainage basin. These species include cisco or lake herring (Coregonus artedi). If these species are cultured outside of the Ohio river drainage basin, this restriction does not apply and no facility inspection is needed.

(iii) Aquatic species permitted for culture on a case-by-case basis, by individual watershed. These species include northern pike X muskellunge hybrid (Esox lucius X Esox masquinongy), white catfish (Ictalurus catus).

(iv) Aquatic species requiring two levels of escapement prevention if cultured outside of naturally occurring watershed. These species include red swamp crayfish (Procambarus clarkii), Allegheny crayfish (Orconectes obscurus), sanborn's crayfish (Orconectes sanbornii), northern clearwater crayfish (Orconectes propinquus), virile crayfish (Orconectes virilis), spiny stream crayfish (Orconectes spinosus), rock crawfish (Cambarus carinirostris), Australian red claw crayfish (Cherax quadricarinatus), ortmann's mudbug (Cambarus ortmanni), Scioto river crayfish (Cambarus sciotensis), Ohio crawfish (Cambarus sp.), big river crayfish (Cambarus robustus), great plains mudbug (Cambarus sp.), paintedhand mudbug (Cambarus sp.), digger crayfish (Fallicambarus fodiens), sloan's crayfish (Orconectes sloanii), trapdoor snail (Vivaparus malleatus), melantho snail (Lymnaea sp.). If these species are cultured within their naturally occurring watershed, this restriction does not apply and no facility inspection is needed.

(E) In addition to restrictions listed in paragraphs (D)(2)(b)(i), (D)(2)(b)(ii), and (D)(2)(b)(iii) of this rule resticted species listed as threatened or endangered require a threatened and endangered species culture endorsement from the chief of the division of wildlife. Restricted species listed as threatened or endangered include shovelnose sturgeon (Scaphirhynchus platorynchus), paddlefish (Polyodon spathula), shortnose gar (Lepisosteus platostomus), blue catfish (Ictalurus furcatus), cisco or lake herring (Coregonus artedi), sloan's crayfish (Orconectes sloanii)

(F) It shall be unlawful for any person to possess, buy, and sell for aquaculture purposes any unclassified species as defined in rule 1501:31-1-02 of the Administrative Code. The chief of the division of wildlife may upon written request from an individual, choose to classify an unclassified species as an unrestricted species or restricted species.

(G) It shall be unlawful for any person possessing an aquaculture permit to sell an aquaculture species under statutory authority of section 1533.632 of the Revised Code unless they make and keep a record of each sale, listing date of the sale, species sold, number sold, number of pounds sold, and the name and address of the person to whom they were sold. These records shall be available for inspection by any division of wildlife employee during reasonable hours. The sale of any aquaculture species, by any person possessing an aquaculture permit, in quantities of fifty pounds or less are exempt from the record keeping requirements of this permit.

(H) The requirements of the law as described under the statutory authority of section 1533.301 of the Revised Code apply to the transportation of aquaculture species. It shall be unlawful to transport an aquaculture species for which a transportation permit is required unless each box, package, or other receptacle bear a label showing the total weight in pounds, the common and scientific name of the aquaculture species as it appears on the aquaculture permit, the name of the consignor or consignee, the initial point of billing, the destination, and a statement that the contents are a product of aquaculture.

(I) It shall be unlawful for any person engaged in aquaculture to rear or propagate aquatic species in waters other than those under private control including any body of water that would allow egress of the fish into public waters or waters of the state without first obtaining written permission from the chief of the division of wildlife or his designee.

(J) For the purposes of paragraph (D) of this rule. "Hybrids" are the offspring created from two different species.

(K) It shall be unlawful for any person to violate any provision of this rule.

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

Effective: 11/27/2009
R.C. 119.032 review dates: 08/07/2009 and 11/01/2014
Promulgated Under: 119.03
Statutory Authority: 1531.08 , 1533.632
Rule Amplifies: 1531.08 , 1533.632
Prior Effective Dates: 9/1/95, 1/2/96, 1/1/01, 11/13/02, 1/1/06, 7/1/08, 7/1/2009

1501:31-39-01 [Effective 3/1/2015] Aquaculture permits.

(A) It shall be unlawful for a person to engage in aquaculture without first making application for and receiving an aquaculture permit issued by the chief of the division of wildlife or their designee.

(1) The application shall include the name of the applicant, name of the aquaculture production facility, class of aquaculture permit requested, the common and scientific names of the aquatic species to be produced, and the location by state, county, and street address of the aquaculture production facility.

(2) The application and permit will be in the form as the chief prescribes.

(3) Aquaculture permits shall expire December thirty-first of each year, except a permit issued after November thirtieth shall be valid until December thirty-one of the following year.

(4) It shall be unlawful to transfer an aquaculture permit issued pursuant to section 1533.632 of the Revised Code.

(5) Class A aquaculture permits.

The yearly fee for a class A aquaculture permit is fifty dollars.

(6) Class B aquaculture permits.

(a) The yearly fee for a class B aquaculture permit is one-hundred dollars.

(b) A class B aquaculture permit shall not be issued unless the applicant's facility has been inspected by a representative of the division of wildlife and the facility has been found to be in compliance with rules contained in this section.

(c) It shall be unlawful to operate a class B aquaculture permit facility that does not have a minimum of two levels of escapement prevention.

(B) Sales

(1) It shall be unlawful for any person possessing a class A aquaculture permit to possess, buy, or sell any aquatic species, except for class A aquaculture species.

(2) It shall be unlawful for any person to possess or buy for the purpose of aquaculture, or sell class B aquaculture species without first obtaining a class B aquaculture permit.

It shall be lawful to possess, buy, or sell class A aquaculture species with a class B aquaculture permit.

(3) It shall be unlawful to possess, buy, or sell for the purpose of aquaculture, any aquatic species other than a class A aquaculture species or class B aquaculture species without first obtaining written permission from the chief of the division of wildlife or his designee.

(C) Records

(1) It shall be unlawful for any individual licensed under section 1533.632 of the Revised Code to fail to keep accurate daily records of all transactions from within or without the state. Such records shall be for all sales or purchases of aquaculture species and shall include:

(a) The type of species bought or sold;

(b) The amount of species in gallons, numbers, or pounds;

(c) The date of sale or purchase;

(d) The name and address of the buyer and seller.

(2) It shall be unlawful to fail to keep the records required by this rule for a period of less than two years.

(3) The records required by this rule shall be open for inspection by any division of wildlife employee at all reasonable hours.

(D) It shall be unlawful to possess, buy, or sell for aquaculture purposes species state list designated as threatened or endangered in Chapter 1501:31-23 of the Administrative Code without first obtaining a threatened and endangered species culture endorsement from the chief of the division of wildlife.

(E) An aquaculture facility shall consist of one or more rearing units.

(F) It shall be unlawful to possess or buy for the purpose of aquaculture, or sell northern pike X muskellunge hybrid (Esox lucius X Esox masquinongy), or white catfish (Ictalurus catus) without prior written authorization from the chief of the division of wildlife.

For the purposes of this rule. "Hybrids" are the offspring created from two different species.

(G) It shall be unlawful for any person to engage in aquaculture in any body of water, except those under private control, without first obtaining written permission from the chief of the division of wildlife or their designee.

(H) It shall be unlawful for any person to violate any provision of this rule.

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

Replaces: 1501:31-39-01

Effective: 03/01/2015
Five Year Review (FYR) Dates: 03/01/2020
Promulgated Under: 119.03
Statutory Authority: 1531.08 , 1533.632
Rule Amplifies: 1531.08 , 1533.632
Prior Effective Dates: 9/1/95, 1/2/96, 1/1/01, 11/13/02, 1/1/06, 7/1/08, 7/1/2009, 11/27/09