No sale now being enforced

[rogerst]

Greetings:
By now many of you have heard that the state is enforcing the no sale of mounted fish rule. The rule is vaugely written to the point that its arguable about what it even says.
I am a taxidermist and attorney in Castalia, Ohio (southwest of Sandusky), has anyone been cited or threatened with prosecution or discipline for selling fish?

I think we can challange this rule, but we need a case. I will handle all the work Pro Bono if the association can pay the filing fees for the appeal = about $150. Does the organization have a legislative liason?
Thanks
Roger Stark
Stark Law
PO Box 336
Castalia, OH 44824
419-684-5933

[jimtucker]

Roger I would contact the new OTA President Rod Tennant and speak to him.

Here is his email [e-mail]

[Dave]

I am behind the times. What is this no sale law? Is it like the migratory bird law? you can not sell them if they are not picked up?

[rogerst]

Dave, according to the powers that be there is no sale allowed of fish taking through angling. This includes on ebay or any other methods.
Especially the fish that are not picked up. That is exactly what happened to our brethern in Lakewood: he was selling some fish that were unclaimed, and selling them for small amounts comparatively too. He was cited, fined, the fish were taken away, and worse yet it is listed as a game violation.

This provision is outdated and needs some clarification, but the DNR is now enforcing it the "old way"
Roger

[waynenix]

I am a hobbyist taxidermist working in my garage. Somewhere along the line my phone number wound up on the DNR list. Out of the blue on a Sunday evening in January, the portage county game warden showed up at my door for a "taxidermy inspection". I was stunned, in 35 years this has never happened.

I had several animals in the freezer of my own from hunting and from road kills. I also had several of my own ducks and pheasants in the freezer and many bluegills and perch. These were all untagged in my freezer as they were all MY stuff, no customers. I was unaware of the no sale laws and stupidly admitted to selling mounted bluegill and perch on ebay. Wrong answer. I was given a copy of the regulations regarding this law and after reading them, with the warden, I said that it appeared that private pond fish were ok to sell (places where no fishing license is needed. He agreed that the way the regulation was written was not very clear and that as long as i didn't sell the game fish from lake erie or the rivers (walleye, perch, bass and steelheads, that i should be ok. He left.

The same guy came back the very next day with another copy of the regulations and a notice from the district dnr office with more details on the no sell regulation and said that I could not sell any fish. Period. He read me each line of the regulation and made me initial each line and sign off on that I understood the regulation. He also instructed me on the tagging and name / address requirements for taxidermists and gave me a logbook page to copy and keep records.

I figured I'd never hear from him again...me? small potatoes hobbyist.

A week later a division investigator shows up, also on a Sunday evening. He claims he didn't know the other guy was out already but hey, he's here so i get inspected again. He didn't like the way my records were filled out and had me correct them. Then he read me the regulations and had me initial and sign off again.

I was also told not to sell squirrels, coons, road kills, ect. and only a few instances for deer and such legally taken.

I am confused and paranoid at this point. There are over 4,000 taxidermy auctions on ebay at any given time, but apparently my panfish are a problem.

Both of these guys were professional and kept things civil but there was a threatening manner throughout all of it and i was left in no doubt that they would bust me if I stepped out of line.

The spirit of this law and the letter of the law don't seem to be the same. My take on it is the the no sale law was intended to keep anglers from selling meat for commercial resale thus competing with commercial fisheries.

Wayne

[dondi]

Mar 1, 2009 14:44:13 GMT -5 waynenix said:

I was unaware of the no sale laws and stupidly admitted to selling mounted bluegill and perch on ebay. Wrong answer.

Waynenix,
This happend apporx. a year ago to another taxidermist who was selling fish mounts that were not picked up by customers, on Ebay. They confiscated all of his mounts and I believe they fined him as well...
Ebay is Reproductions only, if you are selling from Ohio..go figure ? Yet sellers from other states, like Michigan, N.Y. or Penn. etc. , it is perfectly legal.
They must be watching sales on Ebay on a regular basis ?
Sorry to hear of your problems with the ODNR..