1501:31-15-03 Nuisance wild animal regulations.

 

Changes appear in Bold

 

(A) Landowners and tenants:

 

It shall be lawful for any person to trap live, non-migratory animals, except white-tailed deer, black bear, or wild turkey when such animals have become a nuisance. Such trapping shall be in accordance with the following provisions:

(1) It shall be unlawful for any person to set or use a trap to capture wild animals, unless such trap has attached thereto a durable waterproof tag bearing the name and mailing address of the user in english letters legible at all times, or which has the name and mailing address of the user stamped into such trap in english letters legible at all times.

 

(2) It shall be unlawful for any person to possess such live-trapped animals longer than twenty-four hours from the time of capture.

 

(3) It shall be unlawful for any person to live-trap animals on the lands of another without first obtaining written permission from the owner or his authorized agent.

 

(4) Every person who live-traps a wild animal shall release such animal outside the limits of any incorporated village or city. Animals shall not be released on public or private property without the permission of the landowner. Provided further, raccoon, skunk, opossum, beaver, coyote, or fox shall be euthanized or released on site.

 

(5) It shall be unlawful for any person to sell, use, or give to another person, any animal trapped for removal in accordance with this rule.

 

(6) Any person who traps a wild animal in accordance with paragraph (A) of this rule, shall not charge a fee or receive compensation.

(B) Nuisance trapping permit holders:

 

Notwithstanding any other provision in this rule, it shall be lawful for any person applying for and receiving a nuisance wild animal trapping permit, and any person acting under the authority of a nuisance wild animal trapping permit, and possessing an Ohio hunting license and valid Ohio furtakers permit to trap wild animals except, white-tailed deer, wild turkey, black bear, and waterfowl. Such trapping shall be in accordance with the following provisions:

(1) Wild animals trapped or captured under authority of a nuisance wild animal trapping permit may be accumulated for not more than ten days.

 

(2) Injured wild animals trapped or captured under the authority of a nuisance wild animal trapping permit may be killed subject to approval of the representative of the division of wildlife.

 

(3) A division of wildlife representative approving a nuisance wild animal trapping permit may include specific stipulations on the permit under which wild animals may be trapped or captured. It shall be unlawful for any person to violate any stipulation set forth on their permit. A violation of any permit stipulation is a violation of this rule and such permit is then subject to revocation by the chief of the division of wildlife.

 

(4) Wild animals which are causing damage and which cannot be live-trapped because of certain conditions may be killed by licensed nuisance wild animal trappers or other persons only after such trappers or other persons apply for and receive written permission from the chief of the division of wildlife or his designee. No such written permission is required to kill or use lethal means of capture for raccoons, squirrels, groundhogs, chipmunks, moles or beaver.

 

(5) It shall be unlawful to use a body gripping trap with a jaw spread greater then seven inches by seven inches in a building. Provided further, it shall be unlawful to set or maintain any trap outside of a building which does not comply with rule 1501:31-15-09 of the Administrative Code.

 

(6) It shall be unlawful for a non-resident to trap nuisance wild animals if residents of Ohio may not trap nuisance wild animals in their state.

 

(7) It shall be lawful to set, use, and maintain snares to trap nuisance wild animals.

 

(8) Unless otherwise stated in this chapter, all wild animals trapped under the authority of the nuisance wild animal trapping permit shall be released outside the limits of any incorporated city or village. Animals shall not be released on public or private property without the permission of the landowner. Except any raccoon, skunk, beaver, coyote, fox, or opossum that is trapped or taken shall be euthanized, or released on site. Squirrels, chipmunks and moles may be released on site or euthanized within 24 hours instead of released.

(C) Nuisance white-tailed deer, black bear, and wild turkey:

 

(1) White-tailed deer, black bear, and wild turkey, which are causing damage or have become a nuisance may be captured or killed by licensed nuisance wild animal trappers or other persons, only after such trappers or other persons have received written permission from the chief of the division of wildlife or his designee.

 

(2) The division of wildlife representative approving a permit for a nuisance wild animal trapper or other person to take, trap or capture white-tailed deer, black bear, or wild turkey may include specific stipulations on that permit under which white-tailed deer, black bear, or wild turkey may be captured or killed. It shall be unlawful for any person to violate any stipulation set forth on their permit. A violation of any permit stipulation is a violation of this rule and such permit is then subject to revocation by the chief of the division of wildlife or his designee.

 

(3) All white-tailed deer immobilized with chemicals or drugs shall be euthanized, or released upon approval of the chief, or his designee.

(D) Nuisance Canada geese:

(1) Canada geese which are causing damage or have become a nuisance may be captured or taken by licensed nuisance wild animal trappers, landowners, or agents of the landowner, only after such landowner where the damage or nuisance is occurring has received a goose damage permit from the chief of the division of wildlife or his designee.

 

(2) The division of wildlife representative approving a goose damage permit for a landowner may include specific stipulations on the permit under which waterfowl may be trapped, captured, or taken. It shall be unlawful for any person to violate any stipulation set forth on their permit. A violation of any permit stipulation is a violation of this rule, and such permit is the subject to revocation by the chief or his designee.

(E) Persons possessing a nuisance wild animal trapping permit may charge a fee for removal of nuisance wild animals. It shall be unlawful for any nuisance wild animal trapper to sell any wild animals that he/she traps. Except, the nuisance wild animal trapper may sell the carcass of raccoon, opossum, beaver, and muskrat at any time. Hides of furbearers acquired during the open season under the nuisance wild animal trapping permit may be sold only during open season for furbearing animals.

 

(F) Notwithstanding any other provision in this rule, it shall be lawful for persons to destroy nests, and render eggs of nuisance waterfowl unviable, after authorization is given by the chief of the division of wildlife, or his designee in a manner approved by the chief.

 

(G) It shall be lawful for a landowner, his agent or tenant to trap or take raccoons, opossums, coyote, fox and skunk which are causing damage, are a nuisance, or are sick in accordance with paragraphs (A) and (B) of this rule. Any raccoon, opossums, coyote, fox or skunk which is trapped or taken shall be euthanized within twenty-four hours. Provided further, it shall be unlawful to take raccoon, opossums, coyote, fox or skunk with the use of dogs during closed season.

 

(H) Notwithstanding any other provision in this rule, it shall be lawful for any person to take crows which are found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance, provided: It shall be unlawful to take or attempt to take crows under paragraph (H) of this rule with the aid or assistance of any calls, artificially placed bait or decoys.

 

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

 

Effective: 07/01/2011

R.C. 119.032 review dates: 02/04/2011 and 04/22/2016

CERTIFIED ELECTRONICALLY

Certification

04/22/2011

Date

Promulgated Under: 119.03

Statutory Authority: 1531.06, 1531.08, 1531.10

Rule Amplifies: 1531.06, 1531.08, 1531.10

Prior Effective Dates: 8/25/75, 6/1/80, 7/1/83, 6/1/88, 5/11/92, 5/16/94,

11/29/94, 11/15/95, 6/1/97, 7/15/98, 9/1/99, 5/3/00,

9/24/02, 5/27/05, 11/24/2008, 11/27/2009