MANSFIELD NEWS JOURNAL (Ohio) 17 September 04 Pet turtles need tags, ODNR says (Joel Moroney)
Mansfield: Just call it turtlegate.
Mark Hersman, 608 Logan Road, had a visit from Ohio Department of Natural Resources officers Wednesday afternoon.
A former ODNR wildlife officer, Hersman built Wildlife Gardens in his back yard. He began building his turtle gardens in 1989 and has about 66 turtles.
Terry Sunderhaus, ODNR district law-enforcement supervisor, said investigators visited Hersman and determined many of the turtles were not tagged with a Passive Integrated Transponder (PIT) tag.
The PIT tags are available from ODNR and come in a sealed syringe-type device that implants them in the animal. They allow wildlife officers to distinguish legally obtained turtles from an ill-gotten one.
"You are able to scan a PIT-tagged animal on a scanner," Sunderhaus said. "We know it's a legal turtle versus one taken from the wildlife or unlawfully possessed.
"We had prior information this individual had these turtles and they were not PIT tagged."
Terry Wilkins, 50, of Pikerington was charged with failure to PIT tag his turtles in August 2003. Hersman testified on his behalf in that trial, and Wilkins believes the raid on Hersman was in retaliation.
Wilkins, who owns a chain of captive-born reptile stores, said his collection of reptiles is larger than those of the Cleveland, Columbus and Toledo zoos combined. He said Hersman took turtles to a veterinarian to have the tags installed and videotaped it with the intention of making a training video.
"But Hersman testified the veterinarian had a horrendous time PIT tagging the turtle," said Wilkins, arguing it is a cruel and unnecessary regulation. "Basically, law-abiding citizens are being treated like criminals."
Wilkins said a ruling several weeks ago resulted in a judge's decision that ODNR could enforce the regulations, which he believes led to the raid on Hersman.
Wilkins was convicted of three counts of failure to PIT tag and received probation, a 180-day suspended jail sentence and a $1,500 fine. He must allow ODNR to inspect his facilities at any time.
Sunderhaus said Hersman's box turtles were acquired before current wildlife laws, but must be tagged. Additional turtles cannot be taken from the wild, he said.
Sunderhaus said Hersman could face misdemeanor charges.
"We did not confiscate any turtles," Sunderhaus said. "Each turtle we were able to locate was photographed and released back to the facility."
Hersman thinks the tagging is inhumane.
"It impairs them," he said.
Pet turtles need tags, ODNR says

