Ohio Admin. Code 1501:31-25-04

Current through all regulations passed and filed through October 28, 2024
Section 1501:31-25-04 - Reptiles and amphibians

This rule does not apply to American bullfrogs and green frogs possessed at a permitted aquaculture production facility as provided in section 1533.632 of the Revised Code and in rule 1501:31-39-01 of the Administrative Code. Provided further, this rule does not apply to American bullfrogs and green frogs legally acquired from the holder of an aquaculture permit issued under section 1533.632 of the Revised Code and as provided in rule 1501:31-39-01 of the Administrative Code.

(A) Season dates
(1) It shall be unlawful for any person to take bullfrogs or green frogs from May first through six p.m. on the second Friday of June each year.
(2) It shall be unlawful for any person to take snapping turtles or softshell turtles from January first through the last day of June each year.
(3) It shall be unlawful to take, collect or possess the eggs of snapping turtles or softshell turtles unless legally acquired from outside the state, or propagated under the authority of a commercial or noncommercial propagating license issued under section 1533.71 of the Revised Code.
(B) Bag and size limits
(1) It shall be unlawful for any person to take more than fifteen bullfrogs or green frogs, singularly or in the aggregate, in any one day;.
(2) It shall be unlawful for any person to possess more than fifteen bullfrogs or green frogs, singularly or in the aggregate, at or between the place where taken and a residence or place of lodging.
(3) It shall be unlawful for any person to take snapping turtles or softshell turtles with a straight-line carapace length of less than eleven inches.
(4) It shall be unlawful for an Ohio resident to take or possess more than four total individuals of each species of collectible reptiles or collectible amphibians from the wild in Ohio.
(5) It shall be unlawful to take any reptile or amphibian not listed as a collectible reptile or collectible amphibian from the wild in Ohio except bullfrogs, green frogs, snapping turtles and softshell turtles.
(6) It shall be unlawful to take or possess any reptile or amphibian from any area under agreement with, owned, controlled or administered by the division of wildlife, except for:
(a) Persons who have received written permission from the chief of the division of wildlife, provided they carry and exhibit said permission upon request.
(b) Persons lawfully taking bullfrogs, green frogs, snapping turtles and softshell turtles.
(7) It shall be unlawful for a nonresident to take any collectible reptile or collectible amphibian from the wild in Ohio.
(C) Methods
(1) It shall be unlawful for any person to take reptiles or amphibians by shooting; except bullfrogs and green frogs may be taken with a longbow or crossbow and arrow.
(2) It shall be unlawful for any person to set, use or maintain a turtle trap having mesh measuring less than four inches on a side unless such traps are provided with an escape ring of at least six inches in diameter, leading out of the trap, held open at all times.
(3) It shall be unlawful for any person to take or attempt to take turtles by means of a trap, placed in the water, having wings or leads.
(4) It shall be unlawful for any person to take reptiles or amphibians with a foot hold or body-gripping trap.
(5) It shall be unlawful for any person to fail to inspect or maintain their trap once every twenty-four hour period.
(6) It shall be unlawful for any person to set, use or maintain traps unless they have attached thereto a durable waterproof tag bearing the name and address of the user legible in the English language.
(7) It shall be unlawful for any person to disturb or molest a legally set trap of another person without permission from the trap's owner or user.
(8) It shall be unlawful to take reptiles or amphibians with the aid or use of chemicals, deleterious or stupefying substances, smoke, explosives, winches, jacks or other device or material that may cause damage to or destroy the den, hibernaculum, nest, or immediate surroundings thereof.
(D) Permits
(1) It shall be unlawful to buy, sell, barter or trade any reptile or amphibian taken from the wild in Ohio except snapping turtles and softshell turtles.
(2) It shall be unlawful to export live snapping turtles or live softshell turtles taken from the wild in Ohio, except for live snapping turtles or live softshell turtles possessed under the authority of a commercial or noncommercial propagating license issued under section 1533.71 of the Revised Code.
(3) It shall be unlawful for any person eighteen years of age or older to fail to apply to the division of wildlife for a propagating license under section 1533.71 of the Revised Code after taking possession of a reptile or amphibian, except:
(a) Bullfrogs and green frogs legally acquired from outside the state, or propagated under the authority of a commercial propagating license issued under section 1533.71 of the Revised Code, that are accompanied by a bill of sale, receipt, record of acquisition or invoice, legible in the English language, and are possessed and sold solely for consumption as food.
(b) Snapping turtles and softshell turtles legally acquired from outside the state, or legally obtained from within the state, that are accompanied by a bill of sale, receipt, record of acquisition or invoice, legible in the English language, and are possessed and sold solely for consumption as food.
(c) Snapping turtles and softshell turtle heads, shells and feet legally acquired from outside the state, or legally obtained from within the state, that are accompanied by a bill of sale, receipt, record of acquisition or invoice, legible in the English language.
(d) Wildlife ornamental products.
(4) It shall be unlawful for an Ohio resident seventeen years of age or younger to posses, without applying for a propagating license under section 1533.71 of the Revised Code, more than four individuals or more than twenty-five eggs, tadpoles, or larvae of each species of reptile or amphibian.
(E) Records
(1) It shall be unlawful for any person possessing, buying, selling, trading, bartering, receiving or gifting reptiles or amphibians to fail to maintain accurate records, legible in the English language, which include the scientific and common names and the following, when applicable:
(a) The date of acquisition or transactions.
(b) The number of reptiles or amphibians by species.
(c) The birth dates of reptiles and amphibians propagated while in possession, by species.
(d) The location of capture and length of all reptiles and amphibians taken from the wild by species.
(e) The complete name and address of the person from whom the reptile or amphibian was purchased or otherwise acquired.
(f) The complete name and address of the person to whom the reptile or amphibian was sold, traded, bartered or given as a gift.
(g) The weight of snapping turtles or softshell turtles sold solely for consumption as food by species.
(h) The date of death or escape.
(i) The unique passive integrated transponder identifier of any implanted reptile.
(2) It shall be unlawful to fail to retain a certificate of origin, a bill of sale, receipt, record of acquisition or invoice legible in the English language, for each individual reptile or amphibian produced in captivity or legally obtained from out of state which includes:
(a) Both the scientific and common name.
(b) Number of reptiles and amphibians by species.
(c) Date of acquisition or transaction.
(d) The complete name and address of the person from whom the reptile or amphibian was purchased or otherwise acquired.
(e) The propagating license number as issued under section 1533.71 of the Revised Code, when applicable.
(3) It shall be unlawful to fail to maintain on the premises as stated on the license, for a period of less than five years any:
(a) Records required by this rule.
(b) Certificate of origin, a bill of sale, receipt, record of acquisition or invoice required by this rule.
(4) It shall be unlawful to fail to make available for inspection, by an authorized representative of the division of wildlife, at any reasonable time:
(a) Reptiles and amphibians possessed.
(b) Records required by this rule.
(c) Certificate of origin, a bill of sale, receipt, record of acquisition or invoice required by this rule.
(5) Records shall not be required for:
(a) Retail store and restaurant sales of snapping turtles, softshell turtles, bullfrogs and green frogs to persons solely for their own consumption as food.
(b) Persons who purchase snapping turtles, softshell turtles, bullfrogs and green frogs solely for their own consumption as food.
(c) Wildlife ornamental products.
(F) Passive integrated transponders
(1) It shall be unlawful to possess any live reptile not permanently implanted with a unique passive integrated transponder with a frequency of 125 kHz, 134.2 kHz or 400 kHz in each:
(a) Snake with a snout-vent length of eighteen inches or greater.
(b) Turtle with a straight-line carapace length of four inches or greater, except:

Snapping turtles and softshell turtles legally acquired from outside the state, or legally obtained from within the state, that are accompanied by a bill of sale, receipt, record of acquisition or invoice, legible in the English language, and are possessed and sold solely for consumption as food.

(2) It shall be unlawful to sell, barter, trade or gift any reptile, regardless of size, to another person that is not permanently implanted with a unique passive integrated transponder with a frequency of 125 kHz, 134.2 kHz or 400 kHz in each specimen, except:

Snapping turtles and softshell turtles legally acquired from outside the state, or legally obtained from within the state, that are accompanied by a bill of sale, receipt, record of acquisition or invoice, legible in the English language, and are possessed and sold solely for consumption as food.

(G) Release into the wild, unless otherwise authorized by a permit issued by the Chief of the division of wildlife:
(1) It shall be unlawful to release any reptile or amphibian into the wild obtained from outside the state.
(2) It shall be unlawful to release any reptile or amphibian into the wild that has been raised in captivity, except for those amphibians propagated and reared under the authority of an aquaculture permit issued under section 1533.632 of the Revised Code and only with the landowners permission.
(3) It shall be unlawful to release any reptile or amphibian into the wild that was taken from the wild in Ohio and was held in captivity for more than thirty days.
(4) It shall be unlawful to release any reptile or amphibian into the wild at any place other than the location of capture.
(5) It shall be unlawful to release any reptile or amphibian into the wild that has been held in captivity, in the same enclosure with any other species of reptile or amphibian.
(H) Special areas

Pymatuning lake

It shall be unlawful to take frogs and turtles in any manner or by any method except as provided in rule 1501:31-13-07 of the Administrative Code.

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

Ohio Admin. Code 1501:31-25-04

Effective: 1/1/2021
Five Year Review (FYR) Dates: 8/17/2020 and 01/01/2026
Promulgated Under: 119.03
Statutory Authority: 1531.08, 1531.10
Rule Amplifies: 1531.08, 1533.71
Prior Effective Dates: 03/15/2000, 05/03/2000, 02/01/2002, 09/24/2002, 09/24/2007, 01/01/2011, 07/01/2016