NEWS JOURNAL (Mansfield, Ohio) 26 May 05 Man gives up turtles to avoid jail (Mark Caudill)
Mansfield: Mark Hersman chose to give up his turtles, rather than do something he believed would hurt them.
Hersman of 608 Logan Road pleaded no contest Wednesday in Mansfield Municipal Court to five counts of wildlife violations for not tagging the box turtles in his wildlife garden.
Judge Jeff Payton found Hersman guilty and fined him $250. He also sentenced Hersman to 30 days in jail, starting Oct. 14.
"As long as he gets rid of any turtles, he doesn't have to report (to jail)," defense attorney Bob Whitney said.
Hersman was charged with 44 counts -- one for each turtle -- of failing to properly tag box turtles as required by the state. He refused to implant electronic tags, called passive integrated transponders, used to track turtles and crack down on illegally caught turtles.
"It's not an option," Hersman told the News Journal in September. "It is invasive beyond the point where it is reasonable to use them on small animals such as turtles."
Hersman could not be reached for comment after Wednesday's hearing.
The Ohio Department of Natural Resources maintains it wouldn't require the tags if they weren't safe and humane.
Assistant Law Director Ryan Hoovler said Hersman, however well-intentioned, was breaking the law.
"Mr. Hersman thinks the PIT-tag is hurtful to the turtles. Unfortunately, that's a legislative argument and not a legal defense," he said. "He violated the law. I felt he needed to plead to something with the potential of jail time."
Whitney said Hersman already has given many of his turtles to Gorman Nature Center. Some of the turtles are still hibernating, Whitney said.
"Mark's been battling those people (wildlife officials) for years," he said. "Rather than a criminal matter, it was more of a civil disobedience."
Whitney found it ironic that wildlife officials took photos of about 20 of the turtles in Hersman's wildlife garden, which he used for education.
"If a picture is good enough to identify them in court, it ought to be good enough for wildlife people," he said.
Man gives up turtles to avoid jail