Chapter 1501:31-7 Migratory Game Birds

(A) It shall be unlawful to hunt or take migratory game birds:

(1) With a trap, snare, net, crossbow and arrow, rifle, pistol, swivel gun, punt gun, machine gun, pumpkin ball, or rifled slug, fish hook, poison, drug, explosive, or stupefying substance.

(2) With a shotgun of any description originally capable of holding more than three shells, unless the magazine has been cut off, altered, or plugged with a one piece filler incapable of removal without disassembling the gun, so as to reduce the capacity of the said gun to not more than three shells in the magazine and chamber combined.

(3) From or by means, aid, or use of a sinkbox, motor-driven conveyance, motor vehicle, or aircraft of any kind.

(4) From any motorboat, or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and the craft has come to rest. A craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft when under power.

(5) By the use or aid of livestock as a blind or means of concealment.

(6) By the use or aid of live birds as decoys. No person shall take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of ten consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl.

(7) By the use or aid of recorded bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds.

(8) By means or aid of any motor-driven land, water or air conveyance or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of waterfowl or coots.

(9) By the aid of baiting or on or over any baited area.

(B) It shall be unlawful for any person to construct or place a permanent blind on a wildlife hunting area or any other state or federal property unless approved by the chief of the division of wildlife further, any portable blind placed or constructed on a public hunting area shall be removed immediately upon the completion of the day’s hunt.

(C) Non-toxic shot shall mean, shot comprised totally of steel, steel shot coated with copper, or any shot which has been approved by the U.S. fish and wildlife service. It shall be unlawful to possess any shot other than non-toxic shot while hunting migratory waterfowl, rails, common snipe, or gallinules.

(D) It shall be unlawful to use or possess, at any time, shells or shot for any gauge shotgun loaded with shot other than non-toxic shot while hunting waterfowl.

(E) It shall be unlawful to place or set any decoys on a wildlife area or in waters of the state which are left unattended before or after legal shooting hours. All decoys shall be removed at the end of each day’s hunt.

(F) It shall be unlawful to hunt with or possess any shot except non-toxic shot on Metzger marsh wildlife area, Mallard Club wildlife area, Pipe creek wildlife area, Magee marsh wildlife area, Toussaint wildlife area, and Little Portage wildlife area.

(G) All definitions set forth in section 1531.01 of the Revised Code and rule 1501:31-1-02 of the Administrative Code shall apply to this rule.

R.C. 119.032 review dates: 06/11/2007 and 06/01/2012

Promulgated Under: 119.03

Statutory Authority: 1531.06, 1531.08, 1531.10

Rule Amplifies: 1531.08

Prior Effective Dates: 8-31-73; 9-22-77; 9-6-78; 6-1-79; 7-11-80; 6-1-82; 4-20-87; 7-31-90; 6-7-93; 5-16-94; 8-15-95; 8-10-97

(A) Migratory game birds may be taken only in accordance with the daily bag limits during the open seasons and shooting hours prescribed in rules of the Administrative Code and when so taken may be possessed within the limits prescribed.

(B) It shall be unlawful for any person:

(1) To take in any one day more than the daily bag limit or aggregate daily bag limit, whichever applies;

(2) To possess on the opening day of the season any freshly killed migratory game birds in excess of the daily bag limit or aggregate daily bag limit, whichever applies;

(3) To possess any freshly killed migratory game birds during the closed season;

(4) To possess a dressed migratory game bird which does not have the head or one fully feathered wing attached at any place other than at the personal abode of the possessor or a migratory bird preservation facility;

(5) To possess a wounded migratory game bird that is not immediately killed and made part of a daily bag limit;

(6) To kill or cripple any migratory game bird without making a reasonable effort to retrieve the bird and retain it in his actual custody at the place where taken or between that place and either:

(a) His automobile or principal means of land transportation, or

(b) His personal abode or temporary or transient place of lodging, or

(c) A migratory bird preservation facility, or

(d) A post office, or

(e) A common carrier facility.

(7) To dispose of any migratory bird that he has killed and retrieved. All disposed birds shall be included as a part of such person’s daily bag limit.

(C) Possession of plumage and skins of migratory game birds. Any person, without a permit, may possess and transport for his own use the plumage and skins of lawfully taken migratory game birds.

(D) It shall be unlawful for any person to buy or sell or barter any feathers or other parts of any migratory game bird. Further provided any person, without a permit, may possess, dispose of, and transport for the making of fishing flies, bed pillows and mattresses, and for similar commercial uses, but not for millinery or ornamental use, feathers of wild ducks and wild geese lawfully killed.

(E) Throughout the state, it is unlawful for any person to disturb, destroy, or possess the nest or eggs of a migratory game bird unless that person has been issued a permit to do so by the chief of the division of wildlife or his authorized agent.

(F) It shall be unlawful for any person to take or hunt a migratory game bird with a raptor except during the dates listed in rules 1501:31-7-05 and 1501:31-7-06. of the Administrative Code. No person using a raptor shall exceed the daily and possession limits mentioned in rules 1501:31-7-05 and 1501:31-7-06. of the Administrative Code.

(G) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.

Effective: 06/01/2006

R.C. 119.032 review dates: 02/03/2006 and 06/01/2011

Promulgated Under: 119.03

Promulgated Under: 119.03

Statutory Authority: 1531.06, 1531.08, 1531.10

Rule Amplifies: 1531.06, 1531.08, 1531.10

Prior Effective Dates: 9/1/71, 2/15/76, 2/5/77, 6/1/82, 4/20/87

(A) No hunter who legally takes and possesses any migratory game birds shall place or leave any such birds in the custody of any other person for picking, cleaning, freezing, processing, shipping, transportation, or storage, including temporary storage, or dispose of such birds by gift to another person, unless such birds have a tag attached signed by the hunter stating his address, the total number and kinds of birds, and the date such birds were killed.

(B) No person may receive or have in custody any migratory game birds belonging to another person, or receive and possess any migratory game birds taken by another person, unless such birds are tagged as required under paragraph (A) of this rule.

(C) No hunter who legally takes and possesses any migratory game birds shall place or leave such birds at any place for storage, including temporary storage, other than at his personal abode unless such birds are tagged as required under paragraph (A) of this rule. Legally possessed migratory game birds being transported in any vehicle as the personal baggage of the possessor shall not be deemed to be in storage or temporary storage.

(D) No migratory bird preservation facility shall:

(1) Receive or have in custody any migratory game bird unless accurate records are maintained which can identify each bird received by, or in the custody of, the facility by the name of the person from whom the bird was obtained, and show:

(a) The number of each species;

(b) The location where taken;

(c) The date such birds were received;

(d) The name and address of the person from whom such birds were received;

(e) The date such birds were disposed of; and

(f) The name and address of the person to whom such birds were delivered.

(E) No person shall destroy any records required to be maintained under this rule for a period of one year following the last entry on the record.

(F) Record keeping as required by this rule will not be necessary at hunting clubs which do not fully process migratory birds by removal of both the head and wings.

(G) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.

R.C. 119.032 review dates: 06/11/2007 and 06/01/2012

Promulgated Under: 119.03

Statutory Authority: 1531.06, 1531.08, 1531.10

Rule Amplifies: 1531.08

Prior Effective Dates: 9-1-71; 12-15-76; 2-5-77; 6-1-82; 4-20-87; Expires: NOT UNTIL AMENDED OR RESCINDED

(A) Throughout the state, it shall be unlawful for any person to hunt, kill, wound, take, or attempt to take, or to possess any of the wild birds specified in this rule except as provided in this rule or other rules of the Administrative Code.

(1) It shall be unlawful for any person to hunt, take, or possess any rails except sora and Virginia, which may be hunted and taken from September 1, 2008 through November 9, 2008.

(2) It shall be unlawful for any person to take or possess more than twenty-five rails singly or in the aggregate in one day, or to possess more than twenty-five rails singly or in the aggregate at anytime.

(3) It shall be unlawful for any person to hunt, take, or possess common snipe at any time, except from September 1, 2008 through November 30, 2008 and December 8, 2008 through December 23, 2008.

(4) It shall be unlawful for any person to hunt, take, or possess woodcock at any time, except from October 11, 2008 through November 24, 2008.

(5) It shall be unlawful for any person to hunt or take rails, common snipe, woodcock, or gallinules (common moorhens) at any time, except from sunrise to sunset daily during the open season.

(6) It shall be unlawful for any person to take more than three woodcock in one day or possess more than six woodcock after the opening day.

(7) It shall be unlawful for any person to take more than eight common snipe in one day or possess more than sixteen common snipe at any time after the opening day.

(8) It shall be unlawful for any person to hunt, take, or possess gallinules (common moorhens) at any time except from September 1, 2008 through November 9, 2008.

(9) It shall be unlawful for any person to take more than fifteen gallinules (common moorhens) in one day or possess more than thirty gallinules (common moorhens) at any time after the opening day.

(10) It shall be unlawful for any person to hunt, take, or possess Canada geese, except Canada geese may be hunted statewide and taken from September 1, 2008 through September 15, 2008.

(11) It shall be unlawful for any person to take more than three Canada geese in one day or possess more than six Canada geese at any time after opening day during the early goose season.

(12) It shall be unlawful for any person to hunt or take teal or Canada geese at any time, except from sunrise to sunset daily during the special early Canada goose/teal season.

(13) It shall be unlawful for any person to hunt, take, or possess Canada geese during the special early goose season on the Mercer Canada goose zone without written permission from the chief of the division of wildlife.

(14) It shall be unlawful for any person to hunt, take, or possess teal at anytime except from September 6, 2008 through September 21, 2008.

(15) It shall be unlawful for any person to take more than four teal in one day or possess more than eight teal any time after the opening day.

(16) Licensed falconers may hunt the migratory game birds listed in this rule during the specified season dates; the daily bag limit shall be an aggregate of three migratory game birds of any species.

(B) It shall be unlawful for any person to hunt, take, or possess mourning doves at any time except from September 1, 2008 through October 22, 2008 and December 9, 2008 through December 26, 2008.

(1) It shall be unlawful for any person to hunt or take mourning doves at any time except from sunrise to sunset daily during the open season. Provided further, it shall be unlawful to hunt or possess mourning doves except during the posted hours on any public hunting area posted with signs stating the restricted hunting hours.

(2) It shall be unlawful for any person to take or possess more than fifteen mourning doves in one day, or possess more than thirty mourning doves after the first day.

(3) It shall be unlawful to hunt mourning doves on any public hunting area designated as a controlled hunt area without a permit from the chief of the division of wildlife.

(4) It shall be unlawful for any person to take a mourning dove that is on any type of building, utility wire or utility pole.

(C) It shall be unlawful for any person to transport any migratory game bird, except mourning doves, unless the head or one fully feathered wing remains attached to each bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a commercial preservation facility.

(1) No person who legally takes and possesses any mourning doves shall place or leave any such birds in the custody of any other person for picking, cleaning, freezing, processing, shipping, transportation, or storage, including temporary storage, or dispose of such birds by gift to another person, unless such birds have a tag attached signed by the hunter stating his address, the total number and kinds of birds, and the date such birds were killed.

(2) No person may receive or have in custody any mourning doves belonging to another person, or receive and possess any mourning doves taken by another person, unless such birds are tagged as required under paragraph (C)(1) of this rule.

(3) No person who legally takes and possesses any mourning doves shall place or leave such birds at any place for storage, including temporary storage, other than at his personal abode unless such birds are tagged as required under paragraph (C)(1) of this rule. Legally possessed mourning doves being transported in any vehicle as the personal baggage of the possessor shall not be deemed to be in storage or temporary storage.

(D) It shall be unlawful for any person to hunt any migratory game bird or migratory waterfowl without first having been harvest information program (HIP) certified, provided further all hunters shall carry their HIP certification when hunting migratory game birds or migratory waterfowl.

(E) It shall be unlawful for any person to hunt ducks, geese or brant on the lands of another without first obtaining an annual wetland habitat stamp. This paragraph does not apply to persons under eighteen years of age nor to persons exempted from procuring a hunting license under section 1533.10 or division (A) of section 1533.12 of the Revised Code.

(F) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.

Effective: 09/01/2008

Promulgated Under: 111.15

Statutory Authority: 1531.101

Rule Amplifies: 1531.101

Prior Effective Dates: 8/25/76 (Temp.), 8/15/77 (Temp.), 8/30/78 (Temp.), 8/31/79 (Temp.), 8/31/80 (Temp.), 8/31/81 (Temp.), 8/31/82 (Temp.), 8/30/83 (Temp.), 8/10/84 (Temp.), 8/9/85 (Temp.), 8/9/86, 8/9/87 (Temp.), 8/9/88 (Temp.), 8/9/89 (Temp.), 8/9/90 (Temp.), 8/11/91 (Temp.), 8/17/92 (Temp.), 8/15/93 (Temp.), 8/19/94 (Temp.), 8/17/95 (Temp.), 8/16/96 (Temp.), 8/10/97 (Temp.), 8/11/98 (Temp.), 8/28/99 (Temp.), 8/13/00 (Temp.), 8/13/01 (Temp.), 8/15/01 (Emer), 11/30/01, 11/13/02, 11/27/03, 9/1/04 (Emer), 11/22/04, 8/31/05 (Emer), 11/18/05, 11/27/06, 7/1/07, 9/1/07 (Emer), 11/8/08

(A) Throughout the state, it shall be unlawful for any person to hunt, kill, wound, take, or attempt to take or to possess any of the birds specified in this rule except as provided in this rule or other rules in the Administrative Code. For the purpose of this rule, the state will be divided into the north zone, south zone, and lake Erie Canada goose zone for the hunting of ducks, brant, mergansers, coots, and geese.

The boundary between the north and south zones will begin at the Ohio-Indiana state line at U.S. Highway 33 going southeast to state route 127, south along SR 127 to SR 703, south along SR 703 to SR 219, east along SR 219 to SR 364, north along SR 364 to SR 703, east along SR 703 to SR 66, north along SR 66 to U.S. 33, east along U.S. 33 to SR 385, east along SR 385 to SR 117, south along SR 117 to SR 273, east along SR 273 to SR 31, south along SR 31 to SR 739, east along SR 739 to SR 4, north along SR 4 to SR 95, east along SR 95 to SR 13, southeast along SR 13 to SR 3, northeast along SR 3 to SR 60, north along SR 60 to U.S. 30, east along U.S. 30 to SR 3, south along SR 3 to SR 226, south along SR 226 to SR 514, southwest along SR 514 to SR 754, south along SR 754 to SR 39, east along SR 39 to SR 241, north along SR 241 to U.S. 30, east along U.S. 30 to SR 39, east along SR 39 to the Ohio-Pennsylvania state line. All lands and waters north of this boundary will be designated the north waterfowl zone, all lands and waters south of this boundary will be designated the south waterfowl zone. The Lake Erie Canada goose zone shall be all land and water north of the area bordered by interstate 80 from the Pennsylvania line to interstate 280 and interstate 75 to the Michigan line and south of United States route 6 from the Cuyahoga county line east to the Pennsylvania line.

(1) It shall be unlawful for any person to hunt ducks, brant, geese, coots, and mergansers at any time except from one half hour before sunrise to sunset during the open season.

(2) Coots, mergansers and ducks may be hunted in the north zone from October 18, 2008 through December 7, 2008 and from December 20, 2008 through December 28, 2008; coots, mergansers and ducks may be hunted in the south zone from October 18, 2008 through November 2, 2008 and from December 6, 2008 through January 18, 2009.

(3) Brant and geese may be taken in the north zone from October 18, 2008 through November 30, 2008 and from December 17, 2008 through January 11, 2009. Brant and geese may be taken in the south zone from October 18, 2008 through November 5, 2008 and from December 6, 2008 through January 25, 2009. Brant and geese may be taken in the Lake Erie Canada goose zone from October 18, 2008 through November 30, 2008 and from December 3, 2008 through December 28, 2008.

(4) It shall be lawful for properly licensed falconers to hunt ducks, coots and mergansers statewide from October 4, 2008 through October 5, 2008 and January 13, 2009 through February 10, 2009 and in the north and south zones whenever those zones are open to waterfowl hunting.

(B) It shall be unlawful for any person to take or possess more than six ducks per day or possess at any time after the opening day more than twelve ducks, except as hereinafter expressly provided.

(1) The daily bag limit of six ducks shall not include more of the following species than:

(a) Four mallard ducks of which no more than one may be female;

(b) Three wood ducks;

(c) One black duck;

(d) Two redhead ducks.

(e) One pintail duck;

(f) Three mottled ducks;

(g) Two scaup during the period of November 18, 2008 through December 7, 2008 in the north zone and December 6, 2008 through December 25, 2008 in the south zone, otherwise the daily bag limit for scaup shall be one.

(2) The possession limit of twelve ducks after the opening day shall not include more of the following species than:

(a) Eight mallard ducks of which no more than two may be female;

(b) Four wood ducks;

(c) Two black ducks;

(d) Four redhead ducks;

(e) Two pintail ducks;

(f) Six mottled ducks;

(g) Four scaup.

(C) It shall be unlawful for any person to take or attempt to take a canvasback duck.

(D) It shall be unlawful for any person in any one day to take more than ten brant or geese singly or in the aggregate. Provided further it shall be unlawful for any person to have more than twenty brant and geese, singly or in the aggregate, in possession at any time.

(1) The daily bag limit on brant and geese, singly or in the aggregate, is ten but may not include, more than two Canada, two brant, two white-fronted geese, or ten snow, blue, or ross’ geese, singly or in the aggregate.

(2) The possession limit for brant and geese, singly or in the aggregate is twenty, but shall not include more than four Canada, four brant, four white-fronted, or twenty snow, blue, or ross’ geese singly or in the aggregate.

(E) In addition to the daily bag and maximum possession limit on other ducks, it shall be unlawful for any person to take more than five mergansers in any one day of which two may be a hooded merganser, or possess after the opening day more than ten mergansers singly or in the aggregate, except that not more than four hooded mergansers may be included in the maximum possession limit.

(F) It shall be unlawful for any person to take more than fifteen coots in any one day or possess after the opening day more than thirty coots at any time.

(G) It shall be unlawful for any person to possess more than the daily limit of migratory game birds, or the aggregate daily bag limit, whichever applies, at or between the place where taken and one’s principal or ordinary home or dwelling place, one’s temporary or transient place of lodging, a migratory bird preservation facility, or a post office or common carrier facility.

(H) The following regulations in this paragraph are applicable to the Ottawa national wildlife refuge in Ottawa and Lucas counties:

(1) It shall be unlawful for any person to hunt on the Ottawa national wildlife refuge without first obtaining a permit issued by the division of wildlife.

(2) It shall be unlawful for any person to hunt on the Ottawa national wildlife refuge without first checking into the division of wildlife checking station provided for such area.

(3) It shall be unlawful for any person to take any wild animal other than what is listed on the controlled hunt rules while hunting on the Ottawa national wildlife refuge.

(4) It shall be unlawful for any person to hunt on the Ottawa national wildlife refuge during the controlled waterfowl hunt at any time other than one half hour before sunrise to twelve noon daily on Monday, Wednesday, Friday, and Saturday.

(5) It shall be unlawful for any person to be in a division blind on the Ottawa national wildlife refuge any time after one p.m. each day.

(6) It shall be unlawful for any person having a permit to hunt on the Ottawa national wildlife refuge to fail to check back through the division of wildlife checking station from which the permit was obtained by two p.m. on the day they hunt.

(7) It shall be unlawful for any person to hunt or shoot on the Ottawa national wildlife refuge except from within seventy-five yards of his assigned blind, except when permitted by authorized division personnel.

(8) It shall be unlawful for more than two persons to occupy a division of wildlife blind on the Ottawa national wildlife refuge.

(9) It shall be unlawful for any person to possess more than twenty-five shells while hunting on the Ottawa national wildlife refuge.

(10) It shall be unlawful for any person to participate in hunting on the Ottawa national wildlife refuge more than one time during a season.

(I) It shall be lawful for persons fifteen years of age or younger to hunt, take, and possess ducks, mergansers, geese and coots on October 4 and 5, 2008. All persons fifteen years of age and younger must be accompanied by a non-hunting person eighteen years of age or older.

(J) It shall be unlawful for any person to hunt migratory waterfowl including ducks, brant, geese, coots or mergansers on or over a baited area where a person knows or reasonably should know that the area is or has been baited. A baited area is considered to be baited for ten days after complete removal of any bait.

(K) It shall be unlawful for any person to hunt ducks, geese and brant without possessing a current valid federal migratory bird stamp that is validated by the person’s signature written on the stamp in ink.

(L) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.

Effective: 09/01/2008

Promulgated Under: 111.15

Statutory Authority: 1531.101

Rule Amplifies: 1531.101

Prior Effective Dates: 8/31/74 (TEMP), 9/20/75 (TEMP), 9/10/76 (TEMP), 2/5/77 (TEMP), 9/22/77 (TEMP), 9/16/78 (TEMP), 9/16/79 (TEMP), 9/17/80 (TEMP), 9/16/81 (TEMP), 9/16/82 (TEMP), 9/20/83 (TEMP), 9/20/84 (TEMP), 9/19/85 (TEMP), 12/12/85 (TEMP), 9/20/86 ( TEMP), 9/20/87 (TEMP), 9/25/88 (TEMP), 9/26/89 ( TEMP), 9/26/90 (TEMP), 9/30/91 (TEMP), 9/30/92 ( TEMP), 10/11/92 (TEMP), 9/29/93 (TEMP), 10/1/94 (TEMP), 9/30/95 (TEMP), 9/20/96 (TEMP), 9/20/97 (TEMP), 9/20/98 (TEMP), 9/28/99 (TEMP), 10/4/00 (TEMP), 10/1/01 (TEMP), 11/30/01, 11/13/02, 10/18/03, 10/8/04 (EMER), 11/22/04, 10/1/05 (EMER), 11/18/05, 11/27/06, 7/1/07, 9/1/07 (EMER), 11/8/08