This Ohio statute prohibits the injuring, killing, pursuing, possessing, or exposing to commerce of all nongame birds. The statute further prohibits the killing or possession at any time of bald or golden eagles, except for the educational or zoological possession by government affiliated agencies. Notably, each possession or taking of a bird or bird part constitutes a separate offense.
1533.06 Special hunting area; permit--Repealed
(2003 H 95, eff. 9-26-03; 1998 S 187, eff. 3-18-99; 130 v H 573, eff. 9-30-63; 128 v 919)
1533.07 Protection afforded nongame birds
No person shall catch, kill, injure, pursue, or have in the person's possession, either dead or alive, or purchase, expose for sale, transport, or ship to a point within or without the state, or receive or deliver for transportation any bird other than a game bird, or have in the person's possession any part of the plumage, skin, or body of any bird other than a game bird, except as permitted in Chapter 1531. and this chapter of the Revised Code, or disturb or destroy the eggs, nest, or young of such a bird.
This section does not prohibit the lawful taking, killing, pursuing, or possession of any game bird during the open season for the bird. Bald or golden eagles and ospreys shall not be killed or possessed at any time, except that eagles or ospreys may be possessed for educational purposes by governmental or municipal zoological parks, museums, and scientific or educational institutions. European starlings, English sparrows, and common pigeons, other than homing pigeons, may be killed at any time and their nests or eggs may be destroyed at any time. Blackbirds may be killed at any time when doing damage to grain or other property or when they become a nuisance.
Each bird or any part thereof taken or had in possession contrary to this section constitutes a separate offense.
(2006 H 443, eff. 4-6-07; 2002 H 493, eff. 8-14-02; 1998 S 103, eff. 6-1-98; 1986 H 848, eff. 2-27-87; 1969 H 718; 128 v 625; 1953 H 1; GC 1408)
1533.08 Wild animal collecting or possession permits
Except as otherwise provided by division rule, any person desiring to collect or possess wild animals that are protected by law or their nests or eggs for scientific study, school instruction, other educational uses, or rehabilitation shall make an annual application to the chief of the division of wildlife for a wild animal permit on a form furnished by the chief. Each applicant for a wild animal permit, other than an applicant desiring to rehabilitate wild animals, shall pay an annual fee of twenty-five dollars for each permit. No fee shall be charged to an applicant desiring to rehabilitate wild animals. The chief may issue to the applicant a permit to take, possess, and transport at any time and in a manner that is acceptable to the chief specimens of wild animals protected by law or their nests and eggs for scientific study, school instruction, other educational uses, or rehabilitation and under any additional rules recommended by the wildlife council. Upon the receipt of a permit, the holder may take, possess, and transport those wild animals in accordance with the permit.
Each holder of a permit engaged in collecting or who possesses such wild animals shall carry the permit at all times and shall exhibit it upon demand to any peace officer, as defined in section 2935.01 of the Revised Code, or to the owner or person in lawful control of the land upon which the permit holder is collecting or possesses the wild animals. Failure to so carry or exhibit the permit constitutes an offense under this section.
Each permit holder shall keep a daily record of all specimens collected or possessed under the permit and the disposition of the specimens and shall exhibit the daily record to any official of the division upon demand.
Each permit shall remain in effect for one year from the date of issuance unless it is revoked sooner by the chief.
All moneys received as fees for the issuance of a wild animal collecting permit shall be transmitted to the director of natural resources to be paid into the state treasury to the credit of the fund created by section 1533.15 of the Revised Code.
(2006 H 443, eff. 4-6-07; 2003 H 95, eff. 9-26-03; 1998 S 187, eff. 3-18-99; 1994 S 182, eff. 10-20-94; 1988 S 256, eff. 7-20-88; 127 v 670; 1953 H 1; GC 1409)
1533.081 Permit required where energy facility operation may result in incidental taking of wild animal
(A) As used in this section:
(1) “Energy” has the same meaning as in section 1551.01 of the Revised Code.
(2) “Energy facility” means a facility at which energy is produced.
(B) A person operating an energy facility whose operation may result in the incidental taking of a wild animal shall obtain a permit to do so from the chief of the division of wildlife under this section. The chief shall adopt rules under section 1531.10 of the Revised Code that are necessary to administer this section.
(2012 H 487, eff. 9-10-12)
1533.09 Annual report of permit holder; revocation and forfeiture of permit
Before the fifteenth day of March of each year, each wild animal permit holder shall file with the division of wildlife a written report of the permit holder's operations under the permit and the disposition of the specimens collected or possessed during the preceding calendar year on report blanks furnished by the chief of the division. Failure to file a report shall cause the permit to be forfeited as of the fifteenth day of March. Permits are not transferable. No permit holder or person collecting or possessing wild animals under authority of such a permit shall take, possess, or transport the wild animals for any purpose not specified in the permit.
Conviction of a violation of this section, failure to carry a permit and exhibit it to any person requesting to see it as provided in section 1533.08 of the Revised Code, or the violation of any other law concerning wild animals constitutes a revocation and forfeiture of the permit involved. The former permit holder shall not be entitled to another permit for a period of one year from the date of the conviction.
(2006 H 443, eff. 4-6-07; 1994 S 182, eff. 10-20-94; 1953 H 1, eff. 10-1-53; GC 1409-1, 1409-2)