Rep. McNally Statement on Deer Mitigation Research Concerning Mill Creek Metroparks
COLUMBUS- State Rep. Lauren McNally (D-Youngstown) today issued the following statement after receiving research from the nonpartisan Legislative Service Commission in response to a request for information on the intersection of state agencies, state law, case law, and the governance of Metroparks in Ohio.
“The deer mitigation plan being proposed by Mill Creek Metroparks has been a source of contention for Mahoning County residents, many of whom have reached out to me personally or to my office to discuss it. I understand and share the concerns raised about the hunting portion of the Metroparks’ plan, especially in densely populated areas like the city of Youngstown. I also share the goal of ensuring the longevity of our Metroparks and properly preserving this incredible community asset for the long-haul,” said Rep. McNally. “That is why I have dedicated numerous resources from my office and various departments within the state to help address the questions on people’s minds and give them answers. This information is the result of that time and work.”
Following several resident contacts and requests for intervention in the Metroparks’ proposal, Rep. McNally requested a meeting with the Ohio Department of Natural Resources (ODNR). During these conversations, it was conveyed to the representative that ODNR is available for expert consultation, should the Metroparks’ request it, and the issuances of hunting licenses. The waiver for these licenses requested by the Metroparks for deer culling resulted in a request from ODNR for an articulation of their plans.
This meeting, and subsequent conversations, led to a research request to LSC, a nonpartisan agency providing the Ohio General Assembly with drafting, research, budget and fiscal analysis, training, and other services. The research request centered on many questions raised by residents on the intersection of state government and the oversight of the Metroparks including:
1) The authority of a municipal corporation to ban hunting or the discharging of a firearm,
2) Case law on the intersection of local and state governments regarding the subject of hunting, and
3) The legal governance of both hunting in Ohio and Metroparks generally.
“People are scared, confused, and looking for ways to calm their fears. My hope is that this unbiased, nonpartisan research will better inform their understanding of who is in charge of what, how decisions are made, and what the state actually does or can do when it comes to these plans,” said Rep. McNally. “My office is always open to conversations and suggestions on how we can make Ohio and the Mahoning Valley better.”
The LSC memo cites relevant state law and areas of needed clarification from the courts, ultimately confirming the Metroparks’ status as a political subdivision governed by a board of park commissioners who are appointed by a probate judge. The memo outlines the powers of such a body politic and corporate, including the maintenance of the park and decision-making on that maintenance including deer culling.
This builds on the insight provided in Rep. McNally’s conversations with ODNR where, following resident concerns about ODNR’s potential approval of the Metroparks’ plan, the autonomy in decision-making of the Commissioners was reinforced. ODNR can verify if the goals expressed can be met by the plan, but are not the arbiter in the appropriateness of the goals.
Additionally, most parks around the state have deer management plans that are ongoing. These include controlled hunting or targeted removal. Metroparks with such plans include:
1. Controlled Hunting:
- Five Rivers Metropark (Dayton Area)
- Great Parks of Hamilton Co
- Franklin/Columbus Metroparks
- Cleveland Metroparks
- Summit Metro Parks
- Geauga Park District
- Medina Park District
- Ashland Park District
- Lorain County Metroparks (small game only)
- Ashtabula County Park District
- Stark Parks
- Trumbull County Metroparks
- Columbiana County Park District
2. Targeted Removal:
- Franklin/Columbus Metroparks
- Five Rivers Metroparks
- Great Parks of Hamilton Co
- Summit Metro Parks
- Cleveland Metroparks
- Cuyahoga Valley National Park
- Lake County Metroparks (allows City of Mentor to remove deer on one of their properties).
- Lorain County Metroparks (while doesn’t specifically allow it on their properties, they do work with the City of Avon Lake regarding Kopf Reservation)
Finally, the memo includes several attachments such as an opinion from the Ohio Attorney General, ODNR’s Ohio Hunting and Trapping Regulations September 1, 2022 publication, and the opinion from State ex rel. Board of Comm’rs v. Tablack, all of which speak to the governance and regulation of deer hunting, deer culling, firearms and Metroparks in Ohio.