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stocking any species of fish into Ohio waters obtain permission from the Chief. Waters of the state are
defined as all waters except those private waters that are not connected with other natural surface
waters. In addition, the Chief “may adopt, amend, and rescind such rules as necessary to control or
eradicate parasites and diseases of game birds, game quadrupeds other than captive white-tailed deer,
fur-bearing animals, or nonnative wildlife” on “wholly enclosed preserves” as described in ORC 1533.71
(ORC 1533.79). Therefore, where introduction and/or spread of nonindigenous aquatic species have
been determined potentially detrimental to management of wild animals of the State, the DOW may
adopt additional rules to prevent or minimize adverse impacts.
The ODA has statutory authority to adopt rules necessary to carry out its responsibilities regarding plant
pests (ORC 927.70). No person may harbor any plant pest determined by the Director of ODA to be
destructive or dangerously harmful. “Pest” is defined broadly as any organism that causes or may cause
injury, disease, or damage to any plant part or plant product. This authority could possibly be broadly
applied if plants or natural systems are judged threatened by a pest species.
In addition, the ODA Director has authority to label as “dangerously contagious or infectious diseases” of
animals those diseases determined “to be of harmful effect on the animal or poultry industry or the
public health and to be capable of transmission by any means from a carrier animal to a human or to
another animal” (ORC 941.01). This includes diseases of cultured aquatic organisms (including
potentially invasive diseases or diseases of potentially invasive host organisms used in aquaculture) that
may also infect wild populations. The ODA’s Division of Animal Health Chief is charged with preventing
the spread of “dangerously contagious or infectious disease, providing for the control and eradication of
such disease, and cooperating with the United States Department of Agriculture (USDA) in such work”
(ORC 940.02). If such a disease is detected, the director has authority to impose quarantine, including of
an individual animal or of a “geographic area” if the director determines such broad quarantine
necessary (ORC 941.07). This authority was invoked in 2007 to issue quarantine on Ohio’s Lake Erie
region in response to an outbreak of the invasive fish disease viral hemorrhagic septicemia (VHS) among
several wild populations of fishes, both native and AIS, within Lake Erie. The order prohibited transport
of susceptible fishes by humans from the Lake Erie region as defined by the order.
The ODNR Director has statutory authority to create state wild, scenic, or recreational river areas along
with their corridors up to 1,000 feet from normal waterlines. Beginning in 2009, ODNR’s Division of
Watercraft Chief was given responsibility to develop “rules governing the use, visitation, protection, and
administration” of such areas. The Division is further charged to provide conservation education and to
“provide for corridor protection, restoration, habitat enhancement, and clean-up projects” within these
areas. While they have rule-making authority with respect to management of lands within wild, scenic,
and recreational river areas, it does not have authority to regulate activities with respect to species that
may disrupt the ecosystems being preserved. The ORC specifically prevents imposition of land use
restrictions by the Division upon private lands along wild, scenic, or recreational river corridors;
however, the Division works with local governments to ensure that local zoning, flood plain, and forest
buffers provide appropriate protection. The ORC states that the Chief or Chief’s representative "may
participate in watershed-wide planning with federal, state, and local agencies in order to protect the
values of wild, scenic, and recreational river areas" (ORC 1547.81).
Chapter 164 of the ORC details state disbursement of aid to local government for improvements.
Natural resources assistance councils appointed by public works integrating committees are charged
with reviewing various open space acquisition project proposals, including “acquisition of land or rights
in land for parks, forests, wetlands, natural areas that protect an endangered plant or animal
population, other natural areas, and connecting corridors for natural areas,” as well as development of
such land acquisitions to enhance public accessibility to these. Such projects can emphasize “the