Ohio Taxidermy

Submitted by - on 11/20/04 at 6:02 AM. ( ) 216.144.58.73

So did the guy who said it was illegal to sell finished mounts ever post up the proof?

There's nothing in the ORC or OAC about this. Those are the books. I asked my attorney and he also said he didn't know.

Can you please post the proof?

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I Talked To The Law Dogs

This response submitted by Tom on 11/20/04 at 7:45 AM. ( ) 207.19.167.250

I talked to the law enforcement supervisor in district two and he told me that the only way you can sell a deer head in ohio is if YOU own the head. He said if you could get the customer to sign a release form giving you ownership of the head then you could sell it. I have in my contract if not picked up by a certain date the head belongs to me and I have them sign it and date it. Iam just telling you what I was told.


Seriously?

This response submitted by - on 11/20/04 at 8:48 AM. ( ) 216.144.58.72

Do you have it in writing?

Where in the code does this say this? Or, where is it prohibited?

Does this just pertain to deer heads? What about things like game quadrupeds" (squirrels) and "non-game quadrupeds" (cow / horse, things like that) and "protected species" (cites), and "upland game birds" (pheasant)?

If it's not specifically in the ORC and/or OAC then it's not a law and it's a rumor, so I want to see the proof.

Keith Daniels or Todd Fortman were said to have the scoop...


I was told the same by an Ohio conservation officer

This response submitted by Cecil on 11/20/04 at 1:14 PM. ( ) 64.184.33.220

He told me it was illegal to sell ANY mounts in Ohio. No documentation though.


Always request it in writing!

This response submitted by tomdes on 11/20/04 at 1:52 PM. ( mapletax@twcny.rr.com ) 24.58.211.158

I was bowhunting within our small city limits, local police told me I can't bowhunt within the city limits. I asked him to show it to me in writing. We went to the city municipal building to look it up and it clearly only stated GUNS, and not the blanket word FIREARMS which can usually cover bows. So he said I guess you can bowhunt... So ALWAYS have them prove it in writing, especially a CO, I find that they lack a lot of specific facts...

Tom


Call A District Office If You Want Proof

This response submitted by Tom on 11/22/04 at 7:08 AM. ( ) 207.19.167.250

If you want the proof go to the source, call a district office in ohio and ask to speak to someone in the law section and they will provide you with the proof. The district two number is (419) 424-5000


Tom

This response submitted by - on 11/22/04 at 7:51 AM. ( ) 216.144.58.45

I want it in writing, the document that was promised to be posted here, and I want it from the central source, not the division source, not the local branch, and not one of the "bunch of" CO's. Because this "oral" thing is a mess, someone always has a different story and nobody has it in writing.
For example, if I want proof about CITES all I have to do is go look in CFR/usfws and cites.org.
Show me the proof, in the ORC or the OAC, the laws on the books or the laws pending approval.
We cannot change anything that we are not aware exists in a real, tangible form -- an we don't need to change an internet rumor.

"show me the money"


It's In Writing

This response submitted by Keith Daniels on 11/24/04 at 9:50 PM. ( ) 65.168.224.44

I don't check here very often, but I do remember this being brought up months ago.

I don't know where the copy of the memorandum is, and asked the officer who distributed them at the PTO show a couple years ago if he could come up with one, but he got transfered to another county about the same time and must have forgot about it.

This did come from the headquarters, not just the district level.

You can not sell any mount unless you have taken legal possesion of it. DOW won't define legal possesion, that's between you and the judge if it ever comes to that.

Even after taking legal possesion, you can not sell any game animals or game birds that are Ohio species, with the exception of deer and turkeys, or birds that are propagated.

You can sell the mounts of any other species that are legal trade in Ohio, basically fur bearers, after you have taken legal possesion, or they have been legally aquired, in other words, if you have a fur takers permit, or fur buyers license.

I'm the one who posed the original set of questions to the DOW in an attempt to clear up the "gray" areas, so Ohio taxidermists statewide would know exactly where they stood, and the state and all the district law enforcement supervisors sat down together, and clarified their interpretation of the Ohio Revised Code sections that pertained to this, there were no new sections put in the code, just interpretations of what was already there.

So, even if we do come up with the memorandum, it obviously wouldn't meet your demands. In that case, feel free to sell squirrels, rabbits, pheasants, groundhogs etc. Hope you never do have to take your lawyer to court with you and find out what the judge thinks.


Keith

This response submitted by - on 11/25/04 at 4:19 AM. ( ) 216.144.58.62

Got your tanning price list today in the mail, thanks.

> feel free to sell squirrels, rabbits, pheasants, groundhogs etc.

Those are all protected as they are "game" - but you did say that pheasants (if ranch raised) were OK. The good news is, it looks like I am fully clear, because I have legal possession (possession IS defined in the regs), I don't mount deer, I don't do squirrels, I don't do birds, most of the species I work with are not game animals, and everything is my own mount done for me, not for customers.

Still have your Lynx, he's a beauty and at 44" NTB he gives most of these other lynx a real run, he had serious damage in the neck area, I repaired it, but the price was right.

Can we concoct a sort of disclaimer for the sale of OH "exempt" taxidermy mounts? I'll be seeing my attorney tomorrow, so I'll ask then. Maybe I'll post up the answer here. Thanks for your help.


That's basically it

This response submitted by Keith on 11/25/04 at 12:20 PM. ( ) 209.143.26.147

pretty much the way they interpreted it was, if it's legal to trade as a skin or whole specimen, you can sell it mounted. Any game animal or game bird that's propagated, and legal to sell, you can deal in mounted.

That's where all the problem has come in, in the past, there's no one section in the ORC that specifically adresses the issue straight up, and different officers were all interpreting it in different.

Unfortunately, there's been a whole new crop of officers since the memorandum was sent out, and the couple I talked to don't really know what they're supposed to do.

Coming up with some kind of disclaimer would be great, especially since if everybody had it, and it went along with DOW opinions, then nobody would ever run into problems. It would be something real good for the PTO or OAT's to work on. That's basically what I was trying to get started several years ago.


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