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Ohio

Baldwin's Ohio Revised Code Annotated. Title XV. Conservation of Natural Resources. Chapter 1518. Endangered Species. Title XV. Conservation of Natural Resources. Chapter 1531. Division of Wildlife.

Statute Details
Printable Version
Citation: R.C. 1518.01 - 1518.99; 1531.25, 1531.99

Citation: OH ST 1518.01 - 1518.99; 1531.25, 1531.99


Last Checked by Web Center Staff: 01/2014

Summary:   These Ohio statutes protect both endangered plants and animals as defined by the State of Ohio as well as those species listed on the federal ESA list.  Taking of an endangered or threatened animal species constitutes a misdemeanor and the person is required upon pleading guilty to the offense, in addition to any fine, term of imprisonment, seizure, and forfeiture imposed, to make restitution for the minimum value of the wild animal illegally held, taken, or possessed.  Notably, if the aggregate value of the animal(s) taken exceeds $1,000, a person is guilty of a felony.


Statute in Full:

Title XV. Conservation of Natural Resources. Chapter 1518. Endangered Species. General Provisions

1518.01 Rules for designating endangered plants

1518.02 Prohibition

1518.03 Rules restricting commercial dealing

1518.04 Agreements with U.S. government

1518.05 Violation of rules prohibited

1518.20 Definitions--Repealed

1518.21 Ginseng management program--Repealed

1518.22 Protection of ginseng; rulemaking powers--Repealed

1518.23 Registration permit for acquiring or conveying ginseng--Repealed

1518.24 Prohibitions--Repealed

1518.25 Enforcement powers--Repealed

1518.26 Seizure and forfeiture of illegally harvested or acquired ginseng--Repealed

1518.27 Ginseng management program fund--Repealed

1518.99 Penalties

 Title XV. Conservation of Natural Resources. Chapter 1531. Division of Wildlife. Propagation and Preservation

1531.25 Preservation of endangered wildlife

Title XV. Conservation of Natural Resources. Chapter 1531. Division of Wildlife. Penalties

1531.99 Penalties; restitution for illegally taken or possessed wild animal

 

 

1518.01 RULES FOR DESIGNATING ENDANGERED PLANTS

The chief of natural areas and preserves shall adopt and may amend or rescind rules, in accordance with Chapter 119. of the Revised Code, setting forth criteria for identifying and designating species of plants native to this state that are in danger of extirpation or are threatened with becoming endangered. The chief shall adopt and may amend or rescind rules, in accordance with Chapter 119. of the Revised Code, setting forth a list of the plants that the chief determines to be endangered or threatened with extirpation from this state, applying the criteria so developed. This list shall identify the common and scientific names of each species. The list shall include all species native to this state that are listed on the "United States list of endangered and threatened wildlife and plants" pursuant to the "Endangered Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531-1543, as amended. Further, the chief may produce for public education purposes lists of plant species which shall include the names of species of plants that may become threatened in the future through habitat loss, commercial exploitation, or other means.

(2005 S 124, eff. 6-27-05; 2004 H 516, eff. 12-30-04; 1978 H 908, eff. 8-23-78)

 

1518.02 PROHIBITION

No person shall willfully root up, injure, destroy, remove, or carry away on or from public highways, public property, or waters of the state, or on or from the property of another, without the written permission of the owner, lessee, or other person entitled to possession, any endangered or threatened plant listed by rule adopted under section 1518.01 of the Revised Code.

(1978 H 908, eff. 8-23-78)

 

1518.03 RULES RESTRICTING COMMERCIAL DEALING

The chief of natural areas and preserves shall adopt and may amend or repeal rules, in accordance with Chapter 119. of the Revised Code, restricting the taking, possessing, transportation, sale, offering for sale, or exposure for sale, for commercial purposes of native Ohio species of wild plants or parts of them, that are listed as endangered or threatened by rule adopted under section 1518.01 of the Revised Code. The rules may prohibit the taking of any endangered or threatened plant, or parts of it, for commercial purposes, from any wood lot, field, or forest, or from any other location in which that plant is found growing in its native habitat. This section does not prevent any nurseryperson or dealer who is licensed under Chapter 927. of the Revised Code from selling, offering for sale, shipping, or otherwise disposing of any endangered or threatened plants or parts of them when those plants have been commercially grown by a licensed nursery or legally imported into this state. For the purposes of this section, "commercial purposes" means with intent to sell or trade endangered or threatened plants for gain or profit. "Commercially grown" means to grow plants under cultivation in tilled plots or in a greenhouse.

The rules shall provide for the taking of species endangered or threatened with statewide extirpation for botanical, educational, and scientific purposes, and for propagation in captivity to preserve the species, with written permission from the chief. The rules shall not prohibit the taking or possession of species listed on the "United States list of endangered and threatened wildlife and plants" for botanical, educational, or scientific purposes, or for propagation in captivity to preserve the species, under a permit or license from the United States or any instrumentality of the United States.

(2005 S 124, eff. 6-27-05; 2004 H 516, eff. 12-30-04; 1978 H 908, eff. 8-23-78)

 

1518.04 AGREEMENTS WITH U.S. GOVERNMENT

The director of natural resources may enter into agreements or contracts with the United States government for the protection of plant species pursuant to the "Endangered Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531-1543, as amended.

(1978 H 908, eff. 8-23-78)

 

1518.05 VIOLATION OF RULES PROHIBITED

(A) No person shall violate a rule adopted or condition of a permit issued under section 1518.03 of the Revised Code.

(B) The attorney general, upon the request of the chief of the division of natural areas and preserves, shall prosecute any person who violates section 1518.02 of the Revised Code or this section.

(1978 H 908, eff. 8-23-78)

 

1518.20 Definitions--Repealed

 

1518.21 Ginseng management program--Repealed

 

1518.22 Protection of ginseng; rulemaking powers--Repealed

 

1518.23 Registration permit for acquiring or conveying ginseng--Repealed

 

1518.24 Prohibitions--Repealed

 

1518.25 Enforcement powers--Repealed

 

1518.26 Seizure and forfeiture of illegally harvested or acquired ginseng-- Repealed

 

1518.27 Ginseng management program fund--Repealed

 

1518.99 Penalties

(A) Whoever violates section 1518.02 of the Revised Code is guilty of a minor misdemeanor.

(B) Whoever violates section 1518.05 of the Revised Code shall be fined not less than one thousand dollars nor more than five thousand dollars for the first offense; for each subsequent offense the person shall be fined not less than two thousand dollars nor more than ten thousand dollars.

(1998 S 187, eff. 3-18-99; 1990 H 550, eff. 5-3-90; 1988 H 514; 1978 H 908)

 

Title XV. Conservation of Natural Resources. Chapter 1531. Division of Wildlife. Propagation and Preservation

1531.25 PRESERVATION OF ENDANGERED WILDLIFE

The chief of the division of wildlife, with the approval of the wildlife council, shall adopt and may modify and repeal rules, in accordance with Chapter 119. of the Revised Code, restricting the taking or possession of native wildlife, or any eggs or offspring thereof, that he finds to be threatened with statewide extinction. The rules shall identify the common and scientific names of each endangered species and shall be modified from time to time to include all species on the list of endangered fish and wildlife pursuant to Section 4 of the "Endangered Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531, as amended, and that are native to this state, or that migrate or are otherwise reasonably likely to occur within the state. The rules shall provide for the taking of species threatened with statewide extinction, for zoological, educational, and scientific purposes, and for propagation in captivity to preserve the species, under written permits from the chief. The rules shall in no way restrict the taking or possession of species listed on such United States list for zoological, educational, or scientific purposes, or for propagation in captivity to preserve the species, under a permit or license from the United States or any instrumentality thereof. No person shall violate any rule adopted pursuant to this section.

(1988 S 256, eff. 7-20-88; 1983 H 5; 1973 S 35)

 

Title XV. Conservation of Natural Resources. Chapter 1531. Division of Wildlife. Penalties

1531.99 Penalties; restitution for illegally taken or possessed wild animal 

(A) Whoever violates section 1531.02 of the Revised Code, or any division rule, other than a rule adopted under section 1531.25 of the Revised Code, is guilty of a misdemeanor of the fourth degree.

(B) Whoever violates section 1531.02 of the Revised Code concerning the taking or possession of deer or violates division (K) of section 1531.06 or section 1531.07 or 1531.29 of the Revised Code is guilty of a misdemeanor of the third degree on a first offense; on each subsequent offense, that person is guilty of a misdemeanor of the first degree.

(C) Whoever violates section 1531.25 of the Revised Code is guilty of a misdemeanor of the first degree.

(D) Whoever violates section 1531.02 of the Revised Code concerning the buying, selling, or offering for sale of any wild animals or parts of wild animals, the minimum value of which animals or parts, in the aggregate, is one thousand dollars or more as established under section 1531.201 of the Revised Code, is guilty of a felony of the fifth degree.

(E) A court that imposes sentence for a violation of any section of this chapter governing the holding, taking, buying, selling, or possession of wild animals, including, without limitation, section 1531.11 of the Revised Code, may require the person who is convicted of or pleads guilty to the offense, in addition to any fine, term of imprisonment, seizure, and forfeiture imposed, to make restitution for the minimum value of the wild animal illegally held, taken, bought, sold, or possessed as established under section 1531.201 of the Revised Code. An officer who collects moneys paid as restitution under this section shall pay those moneys to the treasurer of state who shall deposit them in the state treasury to the credit of the wildlife fund established under section 1531.17 of the Revised Code.

CREDIT(S)

(2007 H 238, eff. 3-4-08; 2006 H 443, eff. 4-6-07; 1998 S 187, eff. 3-18-99; 1995 S 2, eff. 7-1-96; 1994 S 182, eff. 10-20-94; 1986 H 848, eff. 2-27-87; 1976 H 1316; 1973 S 35, H 453; 1969 H 503; 131 v H 896, H 291; 129 v 1310; 1953 H 1)

 



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