Chapter 1501:31-19 Wild Animal Regulations

1501:31-19-01 Wild animal importing, exporting, selling and possession regulations.

(A) It shall be unlawful for any person at any time to possess, import or sell live individuals of the species or their hybrids designated as injurious aquatic invasive species and posted on the Ohio division of wildlife website at http://www.wildohio.gov.

(1) It shall be unlawful to possess any of the species listed on the Ohio division of wildlife website at http://www.wildohio.gov and designated as injurious aquatic invasive species, except for white perch (Morone americana), unless it is in one of the following forms:

(a) Headless

(b) Preserved in ethanol or formaldehyde.

(c) Eviscerated (internal organs removed).

(2) The listed species may be possessed live and used only for research, by zoos, public aquariums, and public displays after obtaining written authorization from the chief.

(B) It shall be unlawful for any person to import or cause to be imported, transport, or cause to transported, or receive or possess live raccoons which have been imported or transported into this state from a point without this state. However, raccoons transported into Ohio that are pets may be possessed in captivity if the owner has a certificate from a veterinarian from the owner's previous state indicating the animal is disease free. The possessor also must have a permit or other document from the state agency from where he came indicating the raccoon was legally possessed in the former state.

(C) It shall be unlawful for any person to sell any wild bird or wild quadruped unless permitted by this rule, other wildlife orders, or the Revised Code.

(D) It shall be unlawful for any person to possess, import or sell exotic species of fish or hybrids thereof for introduction or to release into any body of water that is connected to or otherwise drains into a flowing stream or other body of water that would allow egress of the fish into public waters, or waters of the state, without first having obtained permission of the chief.

(E) For purposes of paragraph ( D) of this rule, "exotic species of fish" are those fish which are not naturally found in the waters of the state of Ohio.

(F) It shall be unlawful for any person to import or sell triploid white amur within this state without first applying for and receiving written authorization from the chief. It shall be unlawful to import or sell triploid white amur except in accordance with the specifications and limitations as prescribed in the written authorization from the chief. All rules and regulations in the Ohio Revised Code and Ohio Administrative Code for possession, transportation, sale, or purchase of fish shall apply to this rule. Records, as required by the chief, shall be maintained and open to inspection at all reasonable hours by wildlife officers or any designee of the chief. Provided further, such officers may enter and inspect designated premises and any box, package, or receptacle and the contents for the purpose of determining whether any provision of Chapter 1531. or 1533. of the Revised Code or division order is being violated.

(G) Persons authorized by the chief, to import or sell triploid white amur shall import and/or sell only triploid white amur that are certified triploid by the U.S. fish and wildlife service or other person or agency approved by the chief, and shall retain for a period of not less than three years all records of sales of triploid white amur.

(H) Persons authorized by the chief to import or sell triploid white amur shall annually report in writing to the chief of the division of wildlife, the total number of triploid white amur sold and the total number purchased during each month of the year for which authorization to import or sell triploid white amur has been given. Such report shall be due in the office of the chief not later than January thirty-first of the year following the year being reported.

(I) Persons authorized by the chief to import or sell triploid white amur shall notify the chief of the division of wildlife in writing of each sale of triploid white amur in excess of one hundred fish. Such notification shall identify the name and address of the purchaser, the date of the sale, and the number of triploid white amur sold. It shall be due in the office of the chief within fifteen days of the sale.

(J) It shall be unlawful for any person to fail to comply with the provisions established in paragraphs ( G), ( H), and ( I) of this rule.

(K) It shall be unlawful for any person to possess, import or sell raccoon dog (Nyctereutes procyonides).

(L) 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.

Effective: 7/1/2016
Five Year Review (FYR) Dates: 02/16/2016 and 07/01/2021
Promulgated Under: 119.03
Statutory Authority: 1531.06 , 1531.08 , 1533.31
Rule Amplifies: 1531.08, 1533.31
Prior Effective Dates: 5/1/76, 3/1/80, 6/1/85, 9/12/87, 6/1/88, 12/1/89, 6/7/93/, 1/25/97, 11/1/97, 3/1/00, 1/1/01, 2/1/02, 11/13/02, 1/1/06, 7/1/2008, 11/27/09, 7/1/10 , 1/1/15

1501:31-19-02 Cervidae carcass regulations.

(A) Any person may possess all or any part of a cervidae carcass legally taken, killed or processed in Ohio, unless the carcass is taken from an area of Ohio that is posted on the division website at wildohio.gov. Any person may possess all or part of a cervidae carcass from Ohio that is legally taken, killed or processed within an area published by the division and posted on the division website at wildohio.gov provided that all or any part of the cervidae carcass possessed remains within the posted area.

(B) No person shall possess all or any part of a cervidae carcass from an area published by the division and posted on the Ohio division of wildlife website at wildohio.gov unless the carcass is kept in the area where legally taken, killed or processed, except when the cervidae carcass consists only of any of the following:

(1) De-boned meat;

(2) Meat that is cut and securely and completely wrapped either commercially or privately with no part of the spinal column or head attached;

(3) Quarters or other portions of meat with no part of the spinal column or head attached;

(4) Antlers;

(5) Antlers attached to a skull cap from which all soft tissue has been removed;

(6) Upper canine teeth from which all soft tissue has been removed;

(7) Hides and capes without any part of the head or lymph nodes attached;

(8) Finished taxidermy mounts;

(9) Any soft body tissue wrapped and packaged for use by a diagnostic research laboratory.

(C) Any person may transport any cervidae carcass or part of cervidae carcass legally taken or processed from areas published by the division and posted on the Ohio division of wildlife website at wildohio.gov through Ohio provided the carcass or parts thereof is not off-loaded from the vehicle in which it entered the state.

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

Effective: 7/01/2015
Five Year Review (FYR) Dates: 1/1/2015
Promulgated Under: 119.03
Statutory Authority: 1531.06 , 1531.08 , 1531.10
Rule Amplifies: 1531.06, 1531.08, 1531.10
Prior Effective Dates: 6/1/06, 7/1/08, 11/24/08, 7/1/12 , 1/1/13, 1/1/2015

1501:31-19-03 Disease surveillance area regulations.

(A) The chief of the division of wildlife or the chief's designee may establish disease surveillance areas within the state if chronic wasting disease is detected in a member of the cervidae family.

(1) The disease surveillance area shall include all areas within a minimum of six miles centering on the location of the detection of chronic wasting disease.

(2) The boundaries of the disease surveillance area will be established by utilizing existing boundaries of political subdivisions of the state, roadways or rivers.

(3) The list of areas established as a disease surveillance area will be published by the division of wildlife and posted on the Ohio division of wildlife website at http://www.wildohio.gov.

(4) A disease surveillance area will be established for a minimum of three years.

(B) Deer taken from within a disease surveillance area during the deer gun season and the deer muzzleloading season shall be delivered for inspection and sampling to an official division of wildlife carcass inspection station within the disease surveillance area where killed no later than noon the following day after harvest or by eight p.m. if harvested on the last day of that season. The head shall not be detached from the carcass prior to presentation for inspection and sampling at an official carcass inspection station.

It shall be unlawful to fail to comply with paragraph (B) of this rule.

(C) It shall be unlawful within a disease surveillance area to place, expose, deposit, distribute, or scatter salt, mineral supplement, grain, fruit, vegetables or other feed whatsoever capable of luring, enticing, or attracting deer, except salt, mineral supplement, grain, fruit, vegetables or feed placed, exposed, deposited, distributed, or scattered as a result of normal agricultural practices.

(D) It shall be unlawful within a disease surveillance area to hunt or take deer by the aid of or on or over any area where salt, mineral supplement, grain, fruit, vegetables or other feed whatsoever capable of luring, enticing, or attracting deer has been placed, exposed, deposited, distributed, or scattered.

Hunting over naturally occurring or cultivated plants and standing or harvested agricultural crops is not prohibited.

(E) It shall be unlawful within a disease surveillance area to hunt or take deer on or over any area where salt, mineral supplement, grain, fruit, vegetables or other feed whatsoever has been placed, exposed, deposited, distributed, or scattered for ten days following the complete removal of any salt, mineral supplement, grain, fruit, vegetables or other feed whatsoever.

Hunting over naturally occurring or cultivated plants and standing or harvested agricultural crops is not prohibited.

(F) It shall be unlawful to possess a deer carcass under section 1533.121 of the Revised Code that has been removed from a disease surveillance area except when in compliance with rule 1501:31-19-02 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: 11/9/2015
Five Year Review (FYR) Dates: 11/09/2020
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1531.10
Rule Amplifies: 1531.06, 1531.08, 1531.10

1501:31-19-04 Cervidae regulations.

(A) It shall be unlawful for holders of a captive white-tailed deer propagation license in possession of white-tailed deer (Odocoileus virginianus) or their hybrids to:

(1) Maintain or keep white-tailed deer or their hybrids in an enclosure that does not meet the following standards:

(a) The enclosure must prevent ingress or egress of any captive white-tailed deer or their hybrids.

(b) Enclosures must be a minimum of eight feet in height with a maximum deviation not to exceed four per cent.

(c) Enclosures must be constructed of materials approved by the division of wildlife in consultation with the U.S. department of agriculture animal and plant health inspection service, the Ohio department of agriculture and representatives of the Ohio cervid industry. The current minimum enclosure standards are:

Woven wire mesh fencing.

(2) Take white-tailed deer from the wild in to captivity.

(B) It shall be unlawful to release or fail to prevent escape of any member of the family cervidae or their hybrids outside of a pen, fence or other enclosure.

(C) It shall be unlawful to dispose of, in a manner not approved by the Ohio department of agriculture under section 941.14 of the Revised Code or at an Ohio environmental protection agency approved facility, any carcasses or parts of captive cervidae which are killed or die.

(D) Escaped captive white-tailed deer.

(1) It shall be unlawful for the holder of a captive white-tailed deer propagation license to fail to notify the chief of the division of wildlife or their agent of any escape of any captive white-tailed deer within twenty-four hours of becoming aware of the escape.

(2) It shall be unlawful for the holder of a captive white-tailed deer propagation license to fail to immediately upon becoming aware of an escape of any captive white-tailed deer, make repairs to the enclosure to prevent escape of any additional captive white-tailed deer.

(E) Permanent establishments accredited by the American zoo and aquarium association, or scientific or research institutions with approval from the chief of the division of wildlife are exempt from this rule, however it shall be unlawful for such establishments or institutions to:

(1) Fail to report by March fifteenth of each year the sex, quantity and disposition of all white-tailed deer or their hybrids in possession during the previous twelve months. Such report shall be on a division of wildlife approved form.

(2) To release any member of the family cervidae or their hybrids outside of a pen, fence or other enclosure.

(3) Fail to notify by telephone the chief of the division of wildlife or his agent of any escaped or missing white-tailed deer or their hybrids within twenty-four hours of knowledge of their absence.

Replaces: 1501:31-19-04

Effective: 01/01/2013
R.C. 119.032 review dates: 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1531.10, 1533.79
Rule Amplifies: 1531.06, 1531.08, 1531.10, 1533.79
Prior Effective Dates: 11/24/2008