Ohio Administrative Code
Title 1501:31 - Division of Wildlife
Chapter 1501:31-13 - Sport Fishing
Section 1501:31-13-04 - Bait and bait dealers
Universal Citation: OH Admin Code 1501:31-13-04
Current through all regulations passed and filed through September 16, 2024
(A) Bait fish, crayfish, larval aquatic insects - bait dealers.
(1) Any individual may take minnows,
crayfish, hellgrammites, and other larval aquatic insects, suckers not
exceeding ten inches in length, skipjack herring, smelt, brook silversides,
brook sticklebacks, gizzard shad, trout perch, sculpins, darters, top minnows
and mud minnows from any waters in the state of Ohio at any time and in any
number except as prohibited by this or other rules of the wildlife
chief.
(2) A person permitted under
section 1533.40 of the Revised Code may
possess for sale minnows, crayfish, hellgrammites, and other larval aquatic
insects, suckers not exceeding ten inches in length, skipjack herring, smelt,
brook silversides, brook sticklebacks, gizzard shad, trout perch, sculpins,
darters, top minnows, and mud minnows taken from
any waters in the state of Ohio or legally acquired from a person permitted
under section 1533.40 or section
1533.632 of the Revised Code at
any time and in any number except as prohibited by this or other rules of the
wildlife chief.
(3) It shall be
unlawful:
(a) For a person permitted under
section 1533.40 of the Revised Code to
possess minnows, fish listed in paragraphs (A)(2) and (A)(3)(e) of this rule,
crayfish and hellgrammites at any place, except at the address listed on that
person's application for a permit, without
having each receptacle containing minnows, fish, crayfish, and hellgrammites
marked with that person's name, address and permit number in letters and
numerals at least one-half inch high in the English language;
(b) For any person to take any fish not
mentioned in paragraph (A)(1) of this rule by the aid or use of a trap, net or
seine unless authorized by a license or permit issued by the division of
wildlife;
(c) For any person,
except a person possessing a permit issued under section
1533.40 of the Revised Code or a
licensed fishing guide providing bait to their customers, to have in possession
more than one hundred crayfish or five hundred in the aggregate of the wild
animals specified in paragraph (A)(2) of this rule, excepting therefrom, smelt,
hellgrammites, other larval aquatic insects, and canned or preserved minnows,
except as provided for in section
1533.57 of the Revised
Code;
(d) For a person permitted
under section 1533.40 of the Revised Code to
sell to any person other than a person possessing a permit issued under section
1533.40 of the Revised Code more
than one hundred crayfish or five hundred in the aggregate of the wild animals
specified in paragraph (A)(2) of this rule, excepting therefrom, smelt,
hellgrammites, other larval aquatic insects and canned or preserved
minnows;
(e) For a person permitted
under section 1533.40 of the Revised Code to
sell or offer for sale: bluegill sunfish (Lepomis machrochirus), longear
sunfish (Lepomis megalotis), green sunfish (Lepomis cyanellus)
and hybrids thereof, orange-spotted sunfish
(Lepomis humilis), pumpkinseed sunfish (Lepomis gibbosus), redear sunfish
(Lepomis microlophus), warmouth sunfish (Lepomis gulosis), yellow bullhead
(Ameiurus natalis), brown bullhead (Ameiurus nebulosus), or black bullhead
(Ameiurus melas) unless those fish have been legally acquired from a person
permitted under section
1533.40 or section
1533.632 of the Revised Code or
legally acquired from out of state;
(i) It
shall be unlawful for a person permitted under section
1533.40 of the Revised Code to
sell any fish listed in paragraph (A)(3)(e) of this rule without providing a
receipt to the purchaser listing the following:
(a) The date and time of sale
(b) The number of fish by species
(c) The name and address of the
seller
(ii) It shall be
unlawful to possess any fish listed in paragraph (A)(3)(e) of this rule
acquired from a person permitted under section
1533.40 of the Revised Code
without a receipt listing the following:
(a)
The date and time of sale
(b) The
number of fish by species
(c) The
name and address of the seller
(f) For a person permitted under section
1533.40 of the Revised Code to
possess any live fish listed in paragraph (A)(3)(e) of this rule at the
person's usual place of business listed on that person's application unless
those fish have been legally acquired from a person permitted under section
1533.40 or section
1533.632 of the Revised Code or
legally acquired from out of state;
(g) For a person permitted under section
1533.40 of the Revised Code to
fail to keep a copy of the receipts as described in paragraph (A)(3)(e) of this
rule for at least two years;
(h)
For any person to possess, buy, sell or offer for sale live skipjack herring
within the lake Erie drainage basin, except as provided for in section
1533.632 of the Revised
Code.
(4)
It shall be unlawful for any person to sell as bait
fish, or use as bait any fish or minnow not already established in waters of
Ohio over which the wildlife chief has control.
(B) Crayfish and larval aquatic insects.
It shall be unlawful for any person to take crayfish or larval aquatic insects by any method, from nine p.m. to the following four a.m., except by trapping, angling or by hand picking. This provision does not apply to east and west harbors in Ottawa county and such waters where fishing with nets is licensed by law.
(C) Records.
(1)
It shall be unlawful for any individual permitted under
section 1533.40 of the Revised Code to
fail to keep accurate daily records of all transactions with a person permitted
under section 1533.40 or section
1533.632 of the Revised Code
that include:
(a)
All sales and purchases of minnows, fish, crayfish,
hellgrammites and other larval aquatic insects;
(b)
The type of animal bought or sold;
(c) The amount of
animals in gallons, numbers or pounds;
(d) The date of sale or
purchase;
(e) The name and
address of the buyer and seller.
(2) It shall be
unlawful to fail to keep the records required under this rule for a period of
less than two years.
(3) The
records required by this
rule shall be open for inspection by any wildlife officer at all reasonable
hours. Provided further, such officers may enter and inspect any premises where
minnows, fish, crayfish and hellgrammites are bought, sold or held under a
permit issued under section
1533.40 of the Revised Code 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.
(D) All definitions set forth in rule 1501:31-1-02 of the Administrative Code apply to this rule.
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