Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-13 - Sport Fishing › Section 1501:31-13-04 - Bait and bait dealers

Current through all regulations passed and filed through July 1, 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.