Chapter 1501:18-2 Collecting Endangered Native Ohio Wild Plants

1501:18-2-01 Commercial taking of plants.

It shall be unlawful for any person to take native species of wild plants or parts thereof that are listed as endangered or threatened by rule 1501:18-1-03 of the Administrative Code, for commercial purposes from any woodlot, field, or forest, or from any other location in which such plant is found growing in its native habitat.

R.C. 119.032 review dates: 08/20/2004 and 08/20/2008

Promulgated Under: 119.03

Statutory Authority: RC Chapter 119

Rule Amplifies: RC 1518.03

Prior Effective Dates: Eff 7-14-80, 7-18-86

1501:18-2-02 Collecting endangered and threatened plants.

It shall be unlawful for any person to take, possess or transport for botanical, educational and scientific purposes, or for propagation in captivity to preserve the species, any native Ohio species of wild plants or parts thereof, that are listed as endangered or threatened by rule 1501:18-1-03 of the Administrative Code without first obtaining a permit from the chief of the division. Nothing in this rule shall prohibit the taking or possession of species listed on the"United States List of Endangered and Threatened Wildlife and Plants" for botanical, educational, or scientific purposes, or for propagation in captivity to preserve the species, under a permit or license from the United States or any instrumentality thereof.

R.C. 119.032 review dates: 08/20/2004 and 08/20/2008

Promulgated Under: 119.03

Statutory Authority: RC Chapter 119

Rule Amplifies: RC 1518.03

Prior Effective Dates: Eff 7-14-80; 7-18-86

1501:18-2-03 Collecting permits.

(A) All persons requesting a permit for the taking, transporting or possession of any native species of wild plants listed as endangered or threatened with statewide extirpation for botanical, educational, or scientific purposes, or for propagation in captivity to preserve the species, shall at the time of application for such permit provide the following information in writing to the chief:

(1) A program or project description with a clear statement of study or program objectives.

(2) Justification of the study or program.

(3) Project location where most of the work will be conducted and/or where plants will be deposited.

(4) Duration of study or program.

(5) Species and number of plants to be collected and site(s) from which plants are to be collected.

(6) Assurance that a final or annual report will be filed with the division, prior to the first day of February of each year following the calendar year during which plants were collected, containing a clear statement of the final disposition of each individual plant collected. A copy of any published papers resulting from the study of these plants shall also be filed with the division as soon as it is available.

(B) A permit shall be valid for a period not to exceed one year, but may be renewed or revoked at the discretion of the chief.

(C) Persons failing to provide full information required in paragraph (A) of this rule to the satisfaction of the chief shall be denied a permit.

(D) Failure to meet the requirements of the permit at the conclusion of the project shall be reason for the chief not to issue future permits to the person failing to comply.

(E) A permit must be displayed upon demand to any law enforcement officer having jurisdiction or to the owner or person in lawful control of the land upon which plants are collected.

R.C. 119.032 review dates: 08/20/2004 and 08/20/2008

Promulgated Under: 119.03

Statutory Authority: RC Chapter 119

Rule Amplifies: RC 1518.03

Prior Effective Dates: Eff 7-14-80, 7-18-86

1501:18-2-04 Legally obtained plants.

Any nurseryman, dealer, or individual who has legally obtained any native species of wild plants listed as endangered or threatened in rule 1501:18-1-03 of the Administrative Code from another state or commercial propagator shall provide proof upon demand that said plants were legally acquired.

R.C. 119.032 review dates: 08/20/2004 and 08/20/2008

Promulgated Under: 119.03

Statutory Authority: RC Chapter 119

Rule Amplifies: RC 1518.03

Prior Effective Dates: Eff 7-14-80, 7-18-86

1501:18-2-05 Exceptions.

Nothing herein shall be interpreted in such a manner as to prevent any nurseryman or dealer who is licensed under Chapter 927. of the Revised Code from selling, offering for sale, shipping, or otherwise disposing of any endangered or threatened species of plants or parts thereof when such plants have been commercially grown by a licensed nursery or legally imported into this state. Furthermore, nothing herein shall prohibit a person from willfully rooting up, injuring, destroying, removing, taking, or possessing an endangered or threatened plant from his property or from the property of another when said person has written permission of the owner, lessee, or other person entitled to possession.

R.C. 119.032 review dates: 08/20/2004 and 08/20/2008

Promulgated Under: 119.03

Statutory Authority: RC Chapter 119

Rule Amplifies: RC 1518.03

Prior Effective Dates: Eff 7-14-80