1501:31-7-02 Prohibited methods of taking 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) While in possession of or 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.

Cite as Ohio Admin. Code 1501:31-7-02

Five Year Review (FYR) Dates: 07/19/2016 and 07/19/2021
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1531.10
Rule Amplifies: 1531.08
Prior Effective Dates: 08/31/1973, 09/22/1977, 09/06/1978, 06/01/1979, 07/11/1980, 06/01/1982, 04/20/1987, 07/31/1990, 06/07/1993, 05/16/1994, 08/15/1995, 08/10/1997, 7/01/2010

Prior History: (Effective: 07/01/2010
R.C. 119.032 review dates: 01/29/2010 and 06/30/2015
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, 6/11/2007 )