Page's Revised Code Annotated, 1986 Replacement Volume, Title 15; 1992 Supplement.
STATE WILDLIFE POLICY
The ownership of and the title to all wild animals in the state, not legally confined or held by private ownership legally acquired, is in the state, which holds such title in trust for the benefit of all the people. Individual possession shall be obtained only in accordance with the code or Division of Wildlife orders. No persons shall at any time take in any manner or possess any number or quantity of wild animals, except as the code or Division orders permit to be taken, hunted, killed or possessed, and only at such time and place, and in such manner as prescribed. No person shall buy, sell, or offer any part of wild animals for sale, or transport any part of wild animals, except as provided. No person shall possess or transport a wild animal taken unlawfully outside the state. A person doing anything prohibited or neglecting to do anything required by this chapter or Chapter 1533, or contrary to a Division order violates this section. A person who counsels, aids, shields or harbors an offender, or who knowingly shares in the proceeds of such violation, or receives or possesses a wild animal in violation of code or order violates this section. No person shall hunt a wild bird or wild quadruped, except coyotes, fox, groundhogs or migratory waterfowl as defined by federal statute on Sunday or use a rifle, at any time, in taking migratory game birds (1531.02).
PROTECTED SPECIES OF WILDLIFE
The Chief, with Council approval, shall adopt and may modify and repeal rules, in accordance with Chapter 119, restricting the taking or possession of native wildlife, eggs or offspring thereof threatened with statewide extinction. The rules shall identify the common and scientific names of each endangered species and shall be modified from time to time to include all species listed on the US list of native endangered fish and wildlife native to this state, or that migrate or are otherwise likely to occur within the state. The rules shall provide for the taking of species threatened with statewide extinction, for zoological, educational and scientific purposes, and for propagation in captivity to preserve the species, under written permits from the Chief. The rules shall in no way restrict the taking or possession of species listed on the US list for zoological, educational, or scientific purposes, or for propagation in captivity to preserve the species, under a permit or license from the US or an instrumentality thereof. No person shall violate a rule adopted pursuant to this section (1531.25).
No person shall catch, kill, injure, pursue, or possess, either dead or alive, or purchase, expose for sale, transport or ship within or without the state, or receive or deliver for transportation a bird other than a game bird, or possess part of the plumage, skin, or body, except as permitted by code, nor disturb or destroy the eggs, nest or young of such bird. This does not prohibit the lawful taking, killing, pursuing or possession of a game bird during the open season. Hawks or owls causing damage to domestic animals or fowl may be killed by the animal owner while such damage is occurring. Bald or golden eagles and ospreys shall not be killed or possessed, except for educational purposes by governmental or municipal zoological parks, museums, and scientific or educational institutions. European starlings, English sparrows, common pigeons, other than homing pigeons, and crows may be killed at any time, except Sunday, and their nests or eggs may be destroyed at any time. Blackbirds may be killed at any time, except Sunday, when doing damage to grain or other property or when they become a nuisance. Each bird or part taken or possessed contrary to this section is a separate offense (1533.07). (See also GENERAL EXCEPTIONS TO PROTECTION and HUNTING, FISHING, TRAPPING PROVISIONS.)
HABITAT PROTECTION
The US Commissioner of Fisheries may establish, operate and maintain fish hatcheries in Ohio, and may acquire by lease, gift or purchase lands and equipment necessary for same, and may conduct in any manner at any time investigations and fish cultural operations (1531.24).
The Chief shall pay to county treasurers where state-owned lands are located 1% annually of the total value of such lands exclusive of improvements from funds from the sale of hunting or fishing licenses and federal wildlife restoration funds, their allocation to be determined by the Director. Such payments to the counties shall be credited to the fund for school purposes within school districts. The Division, in the management of lands it administers, shall have authority to contract with private persons for the creation or improvement of wildlife habitat thereon, such contracts to be paid for in money or in goods produced incidentally to such contract (1531.27 and .28).
No person shall place or dispose of garbage, waste, vegetable peelings, fruits, rubbish, ashes, cans, bottles, wire, paper, boxes, automobile parts, furniture, glass, oil or anything else of an unsightly or unsanitary nature on state-controlled land or in a ditch, stream, river, lake or pond, except those which do not effect a junction with natural surface or underground waters, or upon the bank thereof, where same is liable to be washed into the water by flow or flood, except by permit or exemption issued under 6111.04 (1531.29). No person shall take, catch, injure or kill wild animals, or destroy their habitats, in state waters by means of quicklime, electricity or explosive or poisonous substances, or place same in such waters, except for engineering purposes and with the written permission of the Chief. Each wild animal taken, killed or possessed in violation of this section is a separate offense. No person shall locate, place or maintain in state waters an obstruction to the natural transit of fish. The Chief or a game protector may take up, remove or clear away such obstructions, except milldams, and if such obstruction is a net or other device used for leading or catching fish, it may be seized and condemned as provided in 1531.20 (1533.58 and .59).
See Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu