Ohio Code 1531.201 – Civil action to recover possession or value of wild animal
(A) As used in this section:
Terms Used In Ohio Code 1531.201
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Conviction: A judgement of guilt against a criminal defendant.
- Deer: means white-tailed deer (Oddocoileus virginianus). See Ohio Code 1531.01
- Fishing: means taking or attempting to take fish by any method, and all other acts such as placing, setting, drawing, or using any device commonly used to take fish whether resulting in a taking or not. See Ohio Code 1531.01
- Hunting: includes every attempt to kill or wound and every act of assistance to any other person in killing or wounding or attempting to kill or wound wild birds or wild quadrupeds. See Ohio Code 1531.01
- Person: means a person as defined in section 1. See Ohio Code 1531.01
- Possession: means both actual and constructive possession and any control of things referred to. See Ohio Code 1531.01
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- rule: means any rule adopted by the chief of the division of wildlife under section 1531. See Ohio Code 1531.01
- state: means the state of Ohio. See Ohio Code 1.59
- Wild animals: includes mollusks, crustaceans, aquatic insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, and all other wild mammals, but does not include domestic deer. See Ohio Code 1531.01
(1) “Gross score” means the number derived by calculating the measurements of the antlers of a white-tailed deer in accordance with division (C)(2) of this section.
(2) “Point” means a projection on the antler of a white-tailed deer that is at least one-inch long as measured from its tip to the nearest edge of antler beam and the length of which exceeds the length of its base. “Point” does not include an antler beam tip.
(3) “Abnormal point” means a point that is nontypical in shape or location.
(4) “Normal point” means a point that projects from the main antler beam in a typical shape or location.
(5) “Inside spread of main antler beams” means the measurement at right angles to the center line of the skull of a white-tailed deer at the widest point between main antler beams.
(6) “Length of main antler beam” means the measurement from the lowest outside edge of the antler burr of a white-tailed deer over the outer curve to the most distant point of what is or appears to be the main antler beam beginning at the place on the antler burr where the center line along the outer curve of the beam intersects the antler burr.
(7) “Antler burr” means the elevated bony rim around the antler base of a white-tailed deer that is just above the skin of the pedicle.
(B) The chief of the division of wildlife or the chief’s authorized representative may bring a civil action to recover possession of or the restitution value of any wild animal held, taken, bought, sold, or possessed in violation of this chapter or Chapter 1533 of the Revised Code or any division rule against any person who held, took, bought, sold, or possessed the wild animal.
The minimum restitution value to the state for wild animals that are unlawfully held, taken, bought, sold, or possessed shall be established in division rule.
(C)(1) In addition to any restitution value established in division rule, a person who is convicted of a violation of this chapter or Chapter 1533 of the Revised Code or a division rule governing the holding, taking, buying, sale, or possession of an antlered white-tailed deer with a gross score of more than one hundred twenty-five inches also shall pay an additional restitution value that is calculated using the following formula:
Additional restitution value = ((gross score – 100)² x $1.65).
(2) The gross score of an antlered white-tailed deer shall be determined by taking and adding together all of the following measurements, which shall be made to the nearest one-eighth of an inch using a one-quarter-inchwide flexible steel tape:
(a) Inside spread of the main antler beams, not to exceed the length of the longest main antler beam;
(b) Length of the right main antler beam;
(c) Length of the left main antler beam;
(d) Total length of all abnormal points;
(e) Total length of all normal points as measured from the nearest edge of the main antler beam over the outer curve to the tip. To determine the baseline for normal point measurement, the tape shall be laid along the outer curve of the antler beam so that the top edge of the tape coincides with the top edge of the antler beam on both sides of the point.
(f) Circumference taken at the narrowest place between the antler burr and the first normal point on the right main antler beam. If the first normal point is missing, the circumference shall be taken at the narrowest place between the antler burr and the second normal point.
(g) Circumference taken at the narrowest place between the first normal point and the second normal point on the right main antler beam. If the first normal point is missing, the circumference shall be taken at the narrowest place between the antler burr and the second normal point.
(h) Circumference taken at the narrowest place between the second normal point and the third normal point on the right main antler beam;
(i) Circumference taken at the narrowest place between the third normal point and the fourth normal point on the right main antler beam. If the fourth normal point is missing, the circumference shall be taken halfway between the third normal point and the tip of the main antler beam.
(j) Circumference taken at the narrowest place between the antler burr and the first normal point on the left main antler beam. If the first normal point is missing, the circumference shall be taken at the narrowest place between the antler burr and the second normal point.
(k) Circumference taken at the narrowest place between the first normal point and the second normal point on the left main antler beam. If the first normal point is missing, the circumference shall be taken at the narrowest place between the antler burr and the second normal point.
(l) Circumference taken at the narrowest place between the second normal point and the third normal point on the left main antler beam;
(m) Circumference taken at the narrowest place between the third normal point and the fourth normal point on the left main antler beam. If the fourth normal point is missing, the circumference shall be taken halfway between the third normal point and the tip of the main antler beam.
Antlers may be measured at any time; no drying time is required.
(D) Upon conviction of holding, taking, buying, selling, or possessing a wild animal in violation of this chapter, Chapter 1533. of the Revised Code, or a division rule, the chief shall revoke until payment of the restitution value is made each hunting license, fur taker permit, deer permit, wild turkey permit, wetlands habitat stamp, and fishing license issued to that person under this chapter or Chapter 1533 of the Revised Code. No fee paid for such a license, permit, or stamp shall be returned to the person.
Upon revoking a person’s license, permit, or stamp or a combination thereof under this division, the chief immediately shall send a notice of that action by certified mail to the last known address of the person. The notice shall state the action taken, order the person to surrender the revoked license, permit, or stamp or combination thereof, and state that the department of natural resources will not afford a hearing as required under section 119.06 of the Revised Code.
(E) Nothing in this section affects the right of seizure under any other section of the Revised Code.
Last updated April 20, 2021 at 1:34 PM