Ohio § 1531.06

§ 1531.06.

(A) The chief of the division of wildlife, with the approval of the director of natural

resources, may acquire by gift, lease, purchase, or otherwise lands or surface rights

upon lands and waters or surface rights upon waters for wild animals, fish or game

management, preservation, propagation, and protection, outdoor and nature activities,

public fishing and hunting grounds, and flora and fauna preservation.  The chief, with the approval of the director, may receive by grant, devise, bequest,

donation, or assignment evidences of indebtedness, the proceeds of which are to be

used for the purchase of such lands or surface rights upon lands and waters or surface

rights upon waters. (B)(1) The chief shall adopt rules for the protection of state-owned or leased lands and

waters and property under the control of the division of wildlife against wrongful

use or occupancy that will ensure the carrying out of the intent of this section,

protect those lands, waters, and property from depredations, and preserve them from

molestation, spoilation, destruction, or any improper use or occupancy thereof, including

rules with respect to recreational activities and for the government and use of such

lands, waters, and property. (2) The chief may adopt rules benefiting wild animals, fish or game management, preservation,

propagation, and protection, outdoor and nature activities, public fishing and hunting

grounds, and flora and fauna preservation, and regulating the taking and possession

of wild animals on any lands or waters owned or leased or under the division's supervision

and control and, for a specified period of years, may prohibit or recall the taking

and possession of any wild animal on any portion of such lands or waters.  The division clearly shall define and mark the boundaries of the lands and waters

owned or leased or under its supervision and control upon which the taking of any

wild animal is prohibited. (C) The chief, with the approval of the director, may acquire by gift, lease, or purchase

land for the purpose of establishing state fish hatcheries and game farms and may

erect on it buildings or structures that are necessary. The title to or lease of such lands and waters shall be taken by the chief in the

name of the state.  The lease or purchase price of all such lands and waters may be paid from hunting

and trapping and fishing licenses and any other funds. (D) To provide more public recreation, stream and lake agreements for public fishing

only may be obtained under rules adopted by the chief. (E) The chief, with the approval of the director, may establish user fees for the use

of special public facilities or participation in special activities on lands and waters

administered by the division.  The special facilities and activities may include hunting or fishing on special

designated public lands and waters intensively managed or stocked with artificially

propagated game birds or fish, field trial facilities, wildlife nature centers, firearm

ranges, boat mooring facilities, camping sites, and other similar special facilities

and activities.  The chief shall determine whether the user fees are refundable and shall ensure

that that information is provided at the time the user fees are paid. (F) The chief, with the approval of the director, may enter into lease agreements for

rental of concessions or other special projects situated on state-owned or leased

lands or waters or other property under the division's control.  The chief shall set and collect the fees for concession rentals or other special

projects;  regulate through contracts between the division and concessionaires the

sale of tangible objects at concessions or other special projects;  and keep a record

of all such fee payments showing the amount received, from whom received, and for

what purpose the fee was collected. (G) The chief may sell or donate conservation-related items or items that promote wildlife

conservation, including, but not limited to, stamps, pins, badges, books, bulletins,

maps, publications, calendars, and any other educational article or artifact pertaining

to wild animals;  sell confiscated or forfeited items;  and sell surplus structures

and equipment, and timber or crops from lands owned, administered, leased, or controlled

by the division.  The chief, with the approval of the director, also may engage in campaigns and special

events that promote wildlife conservation by selling or donating wildlife-related

materials, memberships, and other items of promotional value. (H) The chief may sell, lease, or transfer minerals or mineral rights, with the approval

of the director, when the chief and the director determine it to be in the best interest

of the state.  Upon approval of the director, the chief may make, execute, and deliver contracts,

including leases, to mine, drill, or excavate iron ore, stone, coal, salt, and other

minerals, other than oil or gas, upon and under lands owned by the state and administered

by the division to any person who complies with the terms of such a contract.  No such contract shall be valid for more than fifty years from its effective date.  Consideration for minerals and mineral rights shall be by rental or royalty basis

as prescribed by the chief and payable as prescribed by contract.  Moneys collected under this division shall be paid into the state treasury to the

credit of the wildlife habitat fund created in section 1531.33 of the Revised Code .  Contracts entered into under this division also may provide for consideration for

minerals or mineral rights in the form of acquisition of lands as provided under divisions

(A) and (C) of this section. (I) All moneys received under divisions (E), (F), and (G) of this section shall be paid

into the state treasury to the credit of a fund that shall be used for the purposes

outlined in section 1533.15 of the Revised Code and for the management of other wild animals for their ecological and nonconsumptive

recreational value or benefit. (J) The chief, with the approval of the director, may barter or sell wild animals to

other states, state or federal agencies, and conservation or zoological organizations.  Moneys received from the sale of wild animals shall be deposited into the wildlife

fund created in section 1531.17 of the Revised Code . (K) The chief shall adopt rules establishing standards and guidelines for the administration

of contraceptive chemicals to noncaptive wild animals.  The rules may specify chemical delivery methods and devices and monitoring requirements. The chief shall establish criteria for the issuance of and shall issue permits for

the administration of contraceptive chemicals to noncaptive wild animals.  No person shall administer contraceptive chemicals to noncaptive wild animals without

a permit issued by the chief. (L) All fees set by the chief under this section shall be approved by the wildlife council. (M) Information contained in the wildlife diversity database that is established pursuant

to division (B)(2) of this section and section 1531.25 of the Revised Code may be made available to any individual or public or private agency for research,

educational, environmental, land management, or other similar purposes that are not

detrimental to the conservation of a species or feature.  Information regarding sensitive site locations of species that are listed pursuant

to section 1531.25 of the Revised Code and of features that are included in the wildlife diversity database is not subject

to section 149.43 of the Revised Code if the chief determines that the release of the information could be detrimental

to the conservation of a species or feature. (N) Not later than one year after the effective date of this amendment, the chief shall

establish both of the following: (1) A risk assessment policy for aquatic species that provides for both of the following: (a) An evaluation of the overall risk of a species based on the best available biological

information derived from professionally accepted science and practices in fisheries

or aquatic invasive species management; (b) A determination of whether a species shall be listed as an injurious aquatic invasive

species. (2) A definition of injurious invasive aquatic species. The chief shall adopt rules in accordance with section 1531.10 of the Revised Code necessary to administer division (N) of this section.