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