As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 203 5
1997-1998 6
REPRESENTATIVES WACHTMANN-REID-SCHULER-MOTTLEY-GARCIA- 8
OPFER-TERWILLEGER 9
11
A B I L L
To amend sections 1531.01, 1533.10, 1533.101, 13
1533.11, 1533.111, 1533.112, 1533.13, 1533.14, 14
1533.15, 1533.32, and 1533.324 of the Revised 15
Code to require the Chief of the Division of 18
Wildlife in the Department of Natural Resources 19
to adopt rules providing for the issuance of 21
one-day fishing licenses; to make changes to 22
facilitate implementation of a new point-of-sale 23
system for the issuance of hunting and fishing 24
licenses, wetlands habitat stamps, deer or wild 25
turkey permits, and fur taker permits, including 26
authorizing certain provisions governing the 27
licenses, stamps, and permits to be changed by 28
rule; to increase the fee for reissuance of a 29
lost, destroyed, or stolen hunting or fishing 30
license, deer or wild turkey permit, or fur taker 31
permit, and to allow license agents, in addition 32
to clerks of courts of common pleas, to reissue 33
such licenses and permits if the Chief authorizes 34
it; to eliminate the requirement that a hunter or 35
trapper wear a tag on the back of the hunter's or 36
trapper's outer garment; and to prohibit the 37
taking of mussels or the sale of mussels taken in 38
this state 39
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 41
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Section 1. That sections 1531.01, 1533.10, 1533.101, 43
1533.111, 1533.112, 1533.13, 1533.14, 1533.15, 1533.32, and 44
1533.324 of the Revised Code be amended to read as follows: 46
Sec. 1531.01. As used in this chapter and Chapter 1533. of 54
the Revised Code: 55
(A) "Person" means individual, company, partnership, 57
corporation, municipal corporation, association, or any 58
combination of individuals, or any employee, agent, or officer 59
thereof. 60
(B) "Resident" means any individual who has resided in 62
this state for not less than six months next preceding the date 63
of making application for a license. 64
(C) "Nonresident" means any individual who does not 66
qualify as a resident. 67
(D) "Division rule" or "rule" means any rule adopted by 70
the chief of the division of wildlife under section 1531.10 of 71
the Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which 73
the taking of wild animals protected by this chapter and Chapter 74
1533. of the Revised Code is prohibited. 75
(F) "Open season" means that period of time during which 77
the taking of wild animals protected by this chapter and Chapter 78
1533. of the Revised Code is permitted. 80
(G) "Take or taking" includes pursuing, shooting, hunting, 82
killing, trapping, angling, fishing with a trotline, or netting 83
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, 84
wild bird, or wild quadruped, and any lesser act, such as 85
wounding, or placing, setting, drawing, or using any other device 86
for killing or capturing any wild animal, whether it results in 87
killing or capturing the animal or not. "Take or taking" 88
includes every attempt to kill or capture and every act of 89
assistance to any other person in killing or capturing or 90
attempting to kill or capture a wild animal. 91
(H) "Possession" means both actual and constructive 93
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possession and any control of things referred to. 94
(I) "Bag limit" means the number, measurement, or weight 96
of any kind of clams, mussels, crayfish, aquatic insects, fish, 97
frogs, turtles, wild birds, and wild quadrupeds permitted to be 98
taken. 99
(J) "Transport and transportation" means carrying or 101
moving or causing to be carried or moved. 102
(K) "Sell and sale" means barter, exchange, or offer or 104
expose for sale. 105
(L) "Whole to include part" means that every provision 107
relating to any wild animal protected by this chapter and Chapter 108
1533. of the Revised Code applies to any part thereof with the 109
same effect as it applies to the whole. 110
(M) "Angling" means fishing with not more than two hand 112
lines, not more than two units of rod and line, or a combination 113
of not more than one hand line and one rod and line, either in 114
hand or under control at any time while fishing. The hand line 115
or rod and line shall have attached to it not more than three 116
baited hooks, not more than three artificial fly rod lures, or 117
one artificial bait casting lure equipped with not more than 118
three sets of three hooks each. 119
(N) "Trotline" means a device for catching fish that 121
consists of a line having suspended from it, at frequent 122
intervals, vertical lines with hooks attached. 123
(O) "Fish" means a cold-blooded vertebrate having fins. 125
(P) "Measurement of fish" means length from the end of the 127
nose to the longest tip or end of the tail. 128
(Q) "Wild birds" includes game birds and nongame birds. 130
(R) "Game" includes game birds, game quadrupeds, and 132
fur-bearing animals. 133
(S) "Game birds" includes mourning doves, pheasants, 135
quail, ruffed grouse, sharp-tailed grouse, pinnated grouse, wild 136
turkey, Hungarian partridge, Chukar partridge, woodcocks, 137
black-breasted plover, golden plover, Wilson's snipe or 138
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jacksnipe, greater and lesser yellowlegs, rail, coots, 139
gallinules, duck, geese, brant, and crows. 140
(T) "Nongame birds" includes all other wild birds not 142
included and defined as game birds. 143
(U) "Wild quadrupeds" includes game quadrupeds and 145
fur-bearing animals. 146
(V) "Game quadrupeds" includes hares or rabbits, gray 148
squirrels, black squirrels, fox squirrels, red squirrels, 149
groundhogs or woodchucks, deer, wild boar, and bears. 150
(W) "Fur-bearing animals" includes minks, weasels, 152
raccoons, skunks, opossums, muskrats, fox, beavers, badgers, 153
otters, coyotes, and bobcats. 154
(X) "Wild animals" includes mollusks, crustaceans, aquatic 156
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, 157
and all other wild mammals. 158
(Y) "Hunting" means pursuing, shooting, killing, following 160
after or on the trail of, lying in wait for, shooting at, or 161
wounding wild birds or wild quadrupeds while employing any device 162
commonly used to kill or wound wild birds or wild quadrupeds 163
whether or not the acts result in killing or wounding. "Hunting" 164
includes every attempt to kill or wound and every act of 165
assistance to any other person in killing or wounding or 166
attempting to kill or wound wild birds or wild quadrupeds. 167
(Z) "Trapping" means securing or attempting to secure 169
possession of a wild bird or wild quadruped by means of setting, 170
placing, drawing, or using any device that is designed to close 171
upon, hold fast, confine, or otherwise capture a wild bird or 172
wild quadruped whether or not the means results in capture. 173
"Trapping" includes every act of assistance to any other person 174
in capturing wild birds or wild quadrupeds by means of the device 175
whether or not the means results in capture. 176
(AA) "Muskrat spear" means any device used in spearing 178
muskrats. 179
(BB) "Channels and passages" means those narrow bodies of 181
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water lying between islands or between an island and the mainland 182
in Lake Erie. 183
(CC) "Island" means a rock or land elevation above the 185
waters of Lake Erie having an area of five or more acres above 186
water. 187
(DD) "Reef" means an elevation of rock, either broken or 189
in place, or gravel shown by the latest United States chart to be 190
above the common level of the surrounding bottom of the lake, 191
other than the rock bottom, or in place forming the base or 192
foundation rock of an island or mainland and sloping from the 193
shore thereof. "Reef" also means all elevations shown by that 194
chart to be above the common level of the sloping base or 195
foundation rock of an island or mainland, whether running from 196
the shore of an island or parallel with the contour of the shore 197
of an island or in any other way and whether formed by rock, 198
broken or in place, or from gravel. 199
(EE) "Fur farm" means any area used exclusively for 201
raising fur-bearing animals or in addition thereto used for 202
hunting game, the boundaries of which are plainly marked as such. 203
(FF) "Waters" includes any lake, pond, reservoir, stream, 205
channel, lagoon, or other body of water, or any part thereof, 206
whether natural or artificial. 207
(GG) "Crib" or "car" refers to that particular compartment 209
of the net from which the fish are taken when the net is lifted. 210
(HH) "Commercial fish" means those species of fish 212
permitted to be taken, possessed, bought, or sold unless 213
otherwise restricted by the Revised Code or division rule and are 215
alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), 216
bowfin (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), 217
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus 218
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead 219
(Ictalurus natalis), brown bullheads (Ictalurus nebulosus), 220
channel catfish (Ictalurus punctatus), flathead catfish 221
(Pylodictis olivaris), whitefish (Coregonus sp.), cisco 222
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(Coregonus sp.), freshwater drum or sheepshead (Aplodinotus 223
grunniens), gar (Lepisosteus sp.), gizzard shad (Dorosoma 224
cepedianum), goldfish (Carassius auratus), lake trout (Salvelinus 225
namaycush), mooneye (Hiodon tergisus), quillback (Carpiodes 226
cyprinus), smelt (Allosmerus elongatus, Hypomesus sp., Osmerus 227
sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus 228
sp.), sucker other than buffalo and quillback (Carpiodes sp., 229
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), 230
white bass (Morone chrysops), white perch (Roccus americanus), 231
and yellow perch (Perca flavescens). When the common name of a 232
fish is used in this chapter or Chapter 1533. of the Revised 233
Code, it refers to the fish designated by the scientific name in 234
this definition.
(II) "Fishing" means taking or attempting to take fish by 236
any method, and all other acts such as placing, setting, drawing, 237
or using any device commonly used to take fish whether resulting 238
in a taking or not. 239
(JJ) "Fillet" means the pieces of flesh taken or cut from 241
both sides of a fish, joined to form one piece of flesh. 242
(KK) "Part fillet" means a piece of flesh taken or cut 244
from one side of a fish. 245
(LL) "Round" when used in describing fish means with head 247
and tail intact. 248
(MM) "Migrate" means the transit or movement of fish to or 250
from one place to another as a result of natural forces or 251
instinct and includes, but is not limited to, movement of fish 252
induced or caused by changes in the water flow. 253
(NN) "Spreader bar" means a brail or rigid bar placed 255
across the entire width of the back, at the top and bottom of the 256
cars in all trap, crib, and fyke nets for the purpose of keeping 257
the meshes hanging squarely while the nets are fishing. 258
(OO) "Fishing guide" means any person who, for 260
consideration or hire, operates a boat, rents, leases, or 261
otherwise furnishes angling devices, ice fishing shanties or 262
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shelters of any kind, or other fishing equipment, and 263
accompanies, guides, directs, or assists any other person in 264
order for the other person to engage in fishing. 265
(PP) "Net" means fishing devices with meshes composed of 267
twine or synthetic material and includes, but is not limited to, 268
trap nets, fyke nets, crib nets, carp aprons, dip nets, and 269
seines, except minnow seines and minnow dip nets. 270
(QQ) "Commercial fishing gear" means seines, trap nets, 272
fyke nets, dip nets, carp aprons, trotlines, other similar gear, 273
and any boat used in conjunction with that gear, but does not 274
include gill nets. 275
(RR) "Native wildlife" means any species of the animal 277
kingdom indigenous to this state. 278
(SS) "Gill net" means a single section of fabric or 280
netting seamed to a float line at the top and a lead line at the 281
bottom, which is designed to entangle fish in the net openings as 282
they swim into it. 283
(TT) "Small game" includes pheasants, quail, ruffed 285
grouse, sharp-tailed grouse, pinnated grouse, Hungarian 286
partridge, Chukar partridge, woodcocks, black-breasted plover, 287
golden plover, Wilson's snipe or jacksnipe, greater and lesser 288
yellowlegs, rail, coot, gallinules, ducks, geese, brant, crows, 289
rabbits, gray squirrels, black squirrels, fox squirrels, red 290
squirrels, and groundhogs or woodchucks. 291
(UU) "Tag fishing tournament" means a contest in which a 293
participant pays a fee, or gives other valuable consideration, 294
for a chance to win a prize by virtue of catching a tagged or 295
otherwise specifically marked fish within a limited period of 296
time, but does not include a scheme of chance conducted under 297
division (D)(1) of section 2915.02 of the Revised Code. 298
(VV) "Tenant" means an individual who resides on land for 300
which he THE INDIVIDUAL pays rent and whose annual income is 301
primarily derived from agricultural production conducted on that 302
land, as "agricultural production" is defined in section 929.01 303
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of the Revised Code.
(WW) "Nonnative wildlife" means any wild animal not 305
indigenous to this state.
The chief shall not establish a season for the hunting of 307
mourning doves that opens prior to the fifteenth day of September 308
of any year.
Sec. 1533.10. Except as provided in this section or 316
division (A) of section 1533.12 of the Revised Code, no person 317
shall hunt any wild bird or wild quadruped without a hunting 318
license. Each day that any person hunts within the state without 319
procuring such a license constitutes a separate offense. Every 320
applicant for a hunting license who is a resident of the state 321
and age sixteen or over shall procure a resident hunting license, 322
the fee for which shall be fourteen dollars, unless the rules 323
adopted under division (B) of section 1533.12 of the Revised Code 324
provide for issuance of a resident hunting license to the 325
applicant free of charge. Every applicant who is a resident of 326
the state and under the age of sixteen years shall procure a 327
special youth hunting license, the fee for which shall be 328
one-half of the regular hunting license fee. The owner and the 329
children of the owner of lands in the state may hunt thereon 330
without a hunting license. The tenant or manager and children of 331
the tenant or manager, residing on lands in the state, may hunt 332
thereon without a hunting license. Every applicant for a hunting 333
license who is a nonresident of the state shall procure a 334
nonresident hunting license, the fee for which shall be ninety 335
dollars, unless the applicant is a resident of a state that is a 336
party to an agreement under section 1533.91 of the Revised Code, 337
in which case the fee shall be fourteen dollars. 338
The chief of the division of wildlife may issue a tourist's 340
small game hunting license expiring three days from the effective 341
date of the license to a nonresident of the state, the fee for 342
which shall be twenty-four dollars. No person shall take or 343
possess any animal that is not small game while possessing only a 344
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tourist's small game hunting license. A tourist's small game 345
hunting license does not authorize the taking or possessing of 346
ducks, geese, or brant without having obtained, in addition to 347
the tourist's small game hunting license, a wetlands habitat 348
stamp as provided in section 1533.112 of the Revised Code. 349
No person shall procure or attempt to procure a hunting 351
license by fraud, deceit, misrepresentation, or any false 352
statement. 353
This section does not authorize the taking and possessing 355
of deer or wild turkeys without first having obtained, in 356
addition to the hunting license required by this section, a 357
special deer or wild turkey permit as provided in section 1533.11 358
of the Revised Code or the taking and possessing of ducks, geese, 359
or brant without first having obtained, in addition to the 360
hunting license required by this section, a wetlands habitat 361
stamp as provided in section 1533.112 of the Revised Code. 362
This section does not authorize the hunting or trapping of 364
fur-bearing animals without first having obtained, in addition to 365
a hunting license required by this section, a fur taker permit as 366
provided in section 1533.111 of the Revised Code. 367
No hunting license shall be issued unless the applicant 369
presents to the agent authorized to issue the license a 370
previously held hunting license or evidence of having held such a 371
license in content and manner approved by the chief, a 372
certificate of completion issued upon completion of a hunter 373
education and conservation course approved by the chief, or 374
evidence of equivalent training in content and manner approved by 375
the chief. 376
No person shall issue a hunting license to any person who 378
fails to present the evidence required by this section. No 379
person shall purchase or obtain a hunting license without 380
presenting to the issuing agent the evidence required by this 381
section. Issuance of a hunting license in violation of the 382
requirements of this section is an offense by both the purchaser 383
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of the illegally obtained hunting license and the clerk or agent 384
who issued the hunting license. Any hunting license issued in 385
violation of this section is void. 386
The chief, with approval of the wildlife council, shall 388
adopt rules prescribing a hunter education and conservation 389
course for first-time hunting license buyers and for volunteer 390
instructors. The course shall consist of subjects including, but 391
not limited to, hunter safety and health, use of hunting 392
implements, hunting tradition and ethics, the hunter and 393
conservation, and the law relating to hunting. Authorized 394
personnel of the division or volunteer instructors approved by 395
the chief shall conduct such courses with such frequency and at 396
such locations throughout the state as to reasonably meet the 397
needs of license applicants. The chief shall issue a certificate 398
of completion to each person who successfully completes the 399
course and passes an examination prescribed by the chief. 400
Notwithstanding the fees otherwise prescribed in this 402
section, prior to September 1, 1994, the fee for a resident 403
hunting license shall be eleven dollars, unless the rules adopted 404
under division (B) of section 1533.12 of the Revised Code provide 405
for the issuance of a resident hunting license to the applicant 406
free of charge; the fee for a special youth hunting license shall 407
be six dollars; the fee for a nonresident hunting license shall 408
be eighty dollars, unless the applicant is a resident of a state 409
that is a party to an agreement under section 1533.91 of the 410
Revised Code; the fee for a nonresident hunting license shall be 411
eleven dollars if the applicant is a resident of a state that is 412
a party to such an agreement; and the fee for a tourist's small 413
game hunting license shall be twenty dollars. 414
Sec. 1533.101. Any person who has been issued a hunting or 423
fishing license, A WETLANDS HABITAT STAMP, a deer or wild turkey 424
permit, or a fur taker permit for the current license, STAMP, or 426
permit year or for the license, STAMP, or permit year next 428
preceding the current such year pursuant to this chapter, and if 429
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the license, STAMP, or permit has been lost, destroyed, or 431
stolen, may be issued a reissued hunting or fishing license, 432
WETLANDS HABITAT STAMP, deer or wild turkey permit, or fur taker 433
permit. The person shall file with the clerk of the court of 434
common pleas an application in affidavit form OR, IF THE CHIEF OF 435
THE DIVISION OF WILDLIFE AUTHORIZES IT, APPLY FOR A REISSUED 436
LICENSE, STAMP, OR PERMIT TO AN AUTHORIZED AGENT DESIGNATED BY 437
THE CHIEF, and pay a fee for each license, STAMP, or permit of 439
one dollar TWO DOLLARS plus one dollar to the clerk OR AGENT, who 440
shall issue a reissued license or permit that shall allow the 441
applicant to hunt, fish, or trap, as the case may be. The clerk 442
OR AGENT shall administer the oath to the applicant and shall 443
send a copy of the reissued license, STAMP, or permit to the 444
division of wildlife. 445
All moneys received as fees for the issuance of reissued 447
licenses, STAMPS, or permits shall be transmitted to the director 449
of natural resources to be paid into the state treasury to the 450
credit of the funds to which the fees for the original licenses, 451
STAMPS, and permits were credited. 453
No person shall knowingly or willfully secure, attempt to 455
secure, or use a reissued hunting or fishing license, WETLANDS 456
HABITAT STAMP, deer or wild turkey permit, or fur taker permit to 458
which he THE PERSON is not entitled. No person shall knowingly 459
or willfully issue a reissued hunting or fishing license, 460
WETLANDS HABITAT STAMP, deer or wild turkey permit, or fur taker 462
permit under this section to any person who is not entitled to 463
receive and use such a reissued license or permit.
Sec. 1533.11. (A) Except as provided in this section, no 472
person shall hunt deer on lands of another without first 473
obtaining an annual special deer permit. Except as provided in 474
this section, no person shall hunt wild turkeys on lands of 475
another without first obtaining an annual special wild turkey 476
permit. Each applicant for a special deer or wild turkey permit 477
shall pay an annual fee of nineteen dollars for each permit, 478
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together with one dollar as a fee to the clerk or other issuing 479
agent, for the permit unless the rules adopted under division (B) 480
of section 1533.12 of the Revised Code provide for issuance of a 481
deer or wild turkey permit to the applicant free of charge. 482
Except as provided in division (A) of section 1533.12 of the 483
Revised Code, a deer or wild turkey permit shall run concurrently 484
with the hunting license. The money received, other than the one 485
dollar fee provided for above, shall be paid into the state 486
treasury to the credit of the wildlife fund, created in section 487
1531.17 of the Revised Code, exclusively for the use of the 488
division of wildlife in the acquisition and development of land 489
for deer or wild turkey management, for investigating deer or 490
wild turkey problems, and for the stocking, management, and 491
protection of deer or wild turkey. Every person, while hunting 492
deer or wild turkey on lands of another, shall carry his THE 493
PERSON'S special deer or wild turkey permit with him and exhibit 494
it to any enforcement officer so requesting. Failure to so carry 495
and exhibit such a permit constitutes an offense under this 496
section. The chief of the division of wildlife shall adopt any 497
additional rules he THE CHIEF considers necessary to carry out 498
this section and section 1533.10 of the Revised Code. 499
The owner and the children of the owner of lands in this 501
state may hunt deer or wild turkey thereon without a special deer 502
or wild turkey permit. The tenant or manager and children of the 503
tenant or manager may hunt deer or wild turkey on lands where 504
they reside without a special deer or wild turkey permit. 505
(B) A special deer or wild turkey permit is not 507
transferable. No person shall carry a special deer or wild 508
turkey permit issued in the name of another person. 509
(C) The wildlife refunds fund is hereby created in the 511
state treasury. The fund shall consist of money received from 512
application fees for special deer permits that are not issued. 513
Money in the fund shall be used to make refunds of such 514
application fees. 515
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(D) Notwithstanding the fees otherwise prescribed in this 517
section, prior to September 1, 1994, the annual fee for a special 518
deer or wild turkey permit shall be fifteen dollars for each 519
permit, together with one dollar as a fee to the clerk or other 520
issuing agent, for the permit, unless the rules adopted under 521
division (B) of section 1533.12 of the Revised Code provide for 522
the issuance of a deer or wild turkey permit to the applicant 523
free of charge. 524
Sec. 1533.111. Except as provided in this section or 533
division (A) of section 1533.12 of the Revised Code, no person 534
shall hunt or trap fur-bearing animals on land of another without 535
first obtaining an annual fur taker permit. Each applicant for a 536
fur taker permit shall pay an annual fee of ten dollars, together 537
with one dollar as a fee to the clerk or other issuing agent, for 538
the permit, except as otherwise provided in this section or 539
unless the rules adopted under division (B) of section 1533.12 of 540
the Revised Code provide for issuance of a fur taker permit to 541
the applicant free of charge. Each applicant who is a resident 542
of the state and under the age of sixteen years shall procure a 543
special youth fur taker permit, the fee for which shall be 544
one-half of the regular fur taker permit fee and which shall be 545
paid together with one dollar as a fee to the clerk or other 546
issuing agent. The fur taker permit shall run concurrently with 547
the hunting license. The money received, other than the one 548
dollar fee provided for in this section, shall be paid into the 549
state treasury to the credit of the fund established in section 550
1533.15 of the Revised Code. 551
No fur taker permit shall be issued unless the applicant 553
presents to the agent authorized to issue a fur taker permit a 554
previously held hunting license or trapping or fur taker permit 555
or evidence of having held such a license or permit in content 556
and manner approved by the chief of the division of wildlife, a 557
certificate of completion issued upon completion of a trapper 558
education course approved by the chief, or evidence of equivalent 559
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training in content and manner approved by the chief. 560
No person shall issue a fur taker permit to any person who 562
fails to present the evidence required by this section. No 563
person shall purchase or obtain a fur taker permit without 564
presenting to the issuing agent the evidence required by this 565
section. Issuance of a fur taker permit in violation of the 566
requirements of this section is an offense by both the purchaser 567
of the illegally obtained permit and the clerk or agent who 568
issued the permit. Any fur taker permit issued in violation of 569
this section is void. 570
The chief, with approval of the wildlife council, shall 572
adopt rules prescribing a trapper education course for first-time 573
fur taker permit buyers and for volunteer instructors. The 574
course shall consist of subjects that include, but are not 575
limited to, trapping techniques, animal habits and 576
identification, trapping tradition and ethics, the trapper and 577
conservation, and the law relating to trapping. Authorized 578
personnel of the division of wildlife or volunteer instructors 579
approved by the chief shall conduct the courses with such 580
frequency and at such locations throughout the state as to 581
reasonably meet the needs of permit applicants. The chief shall 582
issue a certificate of completion to each person who successfully 583
completes the course and passes an examination prescribed by the 584
chief. 585
Every person, while hunting or trapping fur-bearing animals 588
on lands of another, shall carry his THE PERSON'S fur taker 589
permit affixed to his THE PERSON'S hunting license with his THE 590
PERSON'S signature written across the face of the permit. 591
Failure to carry such a signed permit constitutes an offense 592
under this section. The chief shall adopt any additional rules 593
he THE DIRECTOR considers necessary to carry out this section. 594
The owner and the children of the owner of lands in this 596
state may hunt or trap fur-bearing animals thereon without a fur 597
taker permit. The tenant or manager and children of the tenant 598
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or manager may hunt or trap fur-bearing animals on lands where 600
they reside without a fur taker permit.
A fur taker permit is not transferable. No person shall 602
carry a fur taker permit issued in the name of another person. 603
A fur taker permit entitles a nonresident to take with him 605
from this state fur-bearing animals taken and possessed by him 606
THE NONRESIDENT as provided by law or division rule. 607
Notwithstanding the fees otherwise prescribed in this 609
section, prior to September 1, 1994, the fee for an annual 610
trapping permit shall be eight dollars, together with one dollar 612
as a fee to the clerk or other issuing agent, for the permit, 613
unless the rules adopted under division (B) of section 1533.12 of 614
the Revised Code provide for the issuance of a trapping permit to 615
the applicant free of charge, and the fee for a special youth 616
trapping permit shall be four dollars, together with one dollar 617
as a fee to the clerk or other issuing agent. 618
Sec. 1533.112. Except as UNLESS OTHERWISE provided in this 627
section BY DIVISION RULE, no person shall hunt ducks, geese, or 629
brant on the lands of another without first obtaining an annual 630
wetlands habitat stamp. The annual fee for the wetlands habitat 631
stamp shall be ten dollars for each stamp, together with one 632
dollar as a fee to the clerk or other issuing agent, unless the 633
rules adopted under division (B) of section 1533.12 provide for 634
issuance of a wetlands habitat stamp to the applicant free of 635
charge.
Moneys received from the stamp fee, other than the one 637
dollar clerk's fee, shall be paid into the state treasury to the 638
credit of the wetlands habitat fund, which is hereby established. 639
Moneys shall be paid from the fund on the order of the director 640
of natural resources for the following purposes: 641
(A) Sixty per cent for projects that the division approves 643
for the acquisition, development, management, or preservation of 644
waterfowl areas within the state; 645
(B) Forty per cent for contribution by the division to an 647
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appropriate nonprofit organization for the acquisition, 648
development, management, or preservation of lands and waters 649
within Canada that provide or will provide habitat for waterfowl 650
with migration routes that cross this state. 651
No moneys derived from the issuance of wetlands habitat 653
stamps shall be spent for purposes other than those specified by 654
this section. All investment earnings of the fund shall be 655
credited to the fund. 656
Wetlands habitat stamps shall be furnished by AND IN A FORM 658
PRESCRIBED BY the chief of the division of wildlife and issued by 660
clerks and other agents authorized to issue licenses and permits 661
under section 1533.13 of the Revised Code. The record of stamps 662
kept by the clerks and other agents shall be uniform throughout 663
the state, in such form or manner as the director prescribes, and 664
open at all reasonable hours to the inspection of any person. 665
Each UNLESS OTHERWISE PROVIDED BY RULE, EACH stamp shall remain 667
in force until midnight of the thirty-first day of August next 668
ensuing. Wetlands habitat stamps may be issued in any manner to 669
any person on any date, whether or not that date is within the 670
period in which they are effective. 671
Every person to whom this section applies, while hunting 673
ducks, geese, or brant, shall carry an unexpired wetlands habitat 674
stamp that is validated by his THE PERSON'S signature written on 675
the stamp in ink and shall exhibit the stamp to any enforcement 677
officer so requesting. No person shall fail to carry and exhibit 678
his THE PERSON'S stamp. 679
A wetlands habitat stamp is not transferable. 681
The chief shall establish a procedure to obtain subject 683
matter to be printed on the wetlands habitat stamp and shall use, 684
dispose of, or distribute the subject matter as he THE CHIEF 685
considers necessary. The chief ALSO shall also make orders ADOPT 687
RULES necessary to administer this section. 689
This section does not apply to persons under sixteen years 691
of age nor to persons exempted from procuring a hunting license 692
17
under section 1533.10 or division (A) of section 1533.12 of the 693
Revised Code. 694
Notwithstanding the fees otherwise prescribed in this 696
section, prior to September 1, 1994, the annual fee for a 697
wetlands habitat stamp shall be eight dollars for each stamp, 698
together with one dollar as a fee to the clerk or other issuing 699
agent, unless the rules adopted under division (B) of section
1533.12 of the Revised Code provide for the issuance of a 700
wetlands habitat stamp to the applicant free of charge. 701
Sec. 1533.13. Hunting and fishing licenses, WETLANDS 710
HABITAT STAMPS, deer and wild turkey permits, and fur taker 712
permits shall be issued by the clerk of the court of common 713
pleas, village and township clerks, and other authorized agents 714
designated by the chief of the division of wildlife after those 715
persons have given. WHEN REQUIRED BY THE CHIEF, A CLERK OR AGENT 716
SHALL GIVE bond in the manner provided by the chief. All bonds, 717
reports, except records prescribed by the auditor of state, and 718
moneys received by those persons shall be handled under rules 719
adopted by the director of natural resources. 720
The premium of any fidelity bond prescribed under section 722
9.832 of the Revised Code or of any bond prescribed by the chief 723
under this section may be paid by the chief. Any person who is 724
designated and authorized by the chief to issue licenses, STAMPS, 726
and permits as provided in this section, except the clerk of the 727
court of common pleas and the village and township clerks, shall 728
pay to the chief a premium in an amount that represents his THE 729
PERSON'S portion of the premium paid by the chief under this 730
section, which amount shall be established by the chief and 731
approved by the wildlife council created under section 1531.03 of 732
the Revised Code. The chief shall pay all moneys that he THE 733
CHIEF receives as premiums under this section into the state 734
treasury to the credit of the wildlife fund created under section 735
1531.17 of the Revised Code. 736
Every authorized agent, for the purpose of issuing hunting 738
18
and fishing licenses, deer and wild turkey permits, and fur taker 739
permits, may administer oaths to and take affidavits from 740
applicants for the licenses or permits when required. An 741
authorized agent may appoint deputies to perform any acts that he 742
THE AGENT is authorized to perform, consistent with DIVISION 743
rules of the director. 745
Every applicant for a hunting or fishing license, deer or 747
wild turkey permit, or fur taker permit, UNLESS OTHERWISE 748
PROVIDED BY DIVISION RULE, shall make and subscribe an affidavit 750
setting forth his THE APPLICANT'S name, age, weight, height, 751
occupation, place of residence, personal description, and 752
citizenship. The clerk or other agent authorized to issue 753
licenses and permits shall charge each applicant a fee of one 754
dollar for taking the affidavit and issuing the license or 755
permit. The application, license, permit, and other blanks 756
required by this section shall be prepared and furnished by the 757
chief. The blanks shall be of different color each year and, in 758
such form as the chief provides, to the clerk or other agent 759
authorized to issue them. The licenses and permits shall be 760
issued to applicants by the clerk or other agent. The record of 761
licenses and permits kept by the clerk and other authorized 762
agents shall be uniform throughout the state and in such form or 763
manner as the auditor of state prescribes and shall be open at 764
all reasonable hours to the inspection of any person. Each 765
UNLESS OTHERWISE PROVIDED BY DIVISION RULE, EACH hunting license, 767
deer or wild turkey permit, and fur taker permit issued shall 768
remain in force until midnight of the thirty-first day of August 769
next ensuing. Application for any such license or permit may be 770
made and a license or permit issued prior to the date upon which 771
it becomes effective.
THE CHIEF MAY REQUIRE AN APPLICANT WHO WISHES TO PURCHASE A 773
LICENSE, STAMP, OR PERMIT BY MAIL OR TELEPHONE TO PAY A NOMINAL 774
FEE FOR POSTAGE AND HANDLING.
The court before whom a violator of any laws or division 776
19
rules for the protection of wild animals is tried, as a part of 777
the punishment, shall revoke the license, STAMP, or permit of any 779
person convicted. The license, STAMP, or permit fee paid by that 781
person shall not be returned to the person. The person shall not 782
procure or use any other license, STAMP, or permit or engage in 783
hunting wild animals or trapping fur-bearing animals during the 785
period of revocation as ordered by the court. 786
No person under sixteen years of age shall engage in 788
hunting unless accompanied by his THE PERSON'S parent or another 789
adult person. 790
Sec. 1533.14. No UNLESS OTHERWISE PROVIDED BY DIVISION 799
RULE, NO hunting license OR WETLANDS HABITAT STAMP is 800
transferable and no hunter shall carry a hunting license OR 801
WETLANDS HABITAT STAMP that was issued in the name of another 803
person or that does not contain the signature of the agent 804
issuing it.
Every person, while hunting or trapping on the lands of 806
another, shall carry his THE PERSON'S hunting license with him ON 808
THE PERSON'S OWN SELF and exhibit it to any wildlife officer, 809
constable, sheriff, deputy sheriff, or police officer, to the 810
owner or person in lawful control of the land upon which he THE 811
PERSON is hunting or trapping, or to any other person. Failure 813
to so carry or exhibit such a license constitutes an offense 814
under this section. Every person, while hunting or trapping on 815
the lands of another, shall wear on the back of his outer 816
garment, between his shoulders, a tag bearing his hunting license 818
number in figures easily visible and legible and at least one 820
inch in height. The tag shall be furnished free of charge to 821
every licensee on the issuance of his license and shall be 823
prepared and furnished annually by the division of wildlife. 824
Failure to wear the tag issued for the license then in effect 825
while hunting or trapping constitutes an offense under this 826
section. This chapter and Chapter 1531. of the Revised Code do 827
not allow any person to hunt or trap on any land without the
20
written consent of the owner thereof. 828
Such a license entitles a nonresident to take with him from 830
this state game birds or game quadrupeds killed and possessed by 831
him THE NONRESIDENT as provided by law or division rule. 832
Sec. 1533.15. The EXCEPT AS PROVIDED BY DIVISION RULE, THE 841
clerks and other agents authorized to issue hunting and fishing 843
licenses, deer and wild turkey permits, and fur taker permits 844
shall issue them in consecutive order of their numbers as stamped 845
on the upper left corner of each license or permit with the date 846
and exact time of day of issuance plainly written thereon and 847
shall keep a record of the licenses and permits issued, together 848
with the names and addresses of the persons to whom the licenses 849
and permits were issued. No license or permit sold in conformity 850
with sections 1533.10, 1533.11, 1533.111, and 1533.32 of the 851
Revised Code shall show any date and hour of issuance prior to 852
the actual date and hour when the license or permit was issued to 853
the applicant, and any violation of this requirement is an 854
offense by both the purchaser of the falsely dated license or 855
permit and the clerk or agent who issued it. A falsely dated 856
license or permit immediately is void, and in any hearing before 857
any court having jurisdiction, it shall be construed that no 858
license or permit was issued.
Such THE clerks and other agents shall transmit with their 860
reports to the director of natural resources, or another person 861
authorized to receive them, all the moneys received as license 862
and permit fees and may include the amounts paid to the clerks 863
and other agents as their fees. 864
Moneys received as fees under sections 1533.10 and 1533.111 866
of the Revised Code shall be paid into the state treasury to the 867
credit of the wildlife fund, which shall be exclusively for the 868
use of the department of natural resources in the education of 869
hunters and trappers, for the purchase, management, preservation, 870
propagation, protection, and stocking of wild birds and wild 871
quadrupeds, for establishing and purchasing or otherwise 872
21
acquiring title to lands for game preservation, propagation, and 873
protection, and for public hunting grounds under rules to be 874
adopted by the chief of the division of wildlife. The chief may 875
employ on such lands one or more game management agents and 876
wildlife officers at such salary and with such duties as he THE 877
CHIEF prescribes for improving habitat for wild birds and wild 879
quadrupeds and for all phases of game management, propagation, 880
and protection, including the necessary biological 881
investigations, for printing summarized game laws and the 882
division of wildlife lawbook, and for printing such educational 883
leaflets, pamphlets, and books and promoting such educational, 884
survey, and research activities pertaining to the management, 885
preservation, propagation, and protection of wild animals as are 886
approved by the chief and as provided in this chapter and Chapter 887
1531. of the Revised Code. 888
The department shall not spend more than thirty-five per 890
cent of this fund for administration and enforcement. 891
No moneys derived from hunting licenses, deer or wild 893
turkey permits, and fur taker permits shall be spent for other 894
than hunting and trapping purposes, as defined in this section 895
and sections 1533.11 and 1533.111 of the Revised Code. 896
The wildlife fund shall be reimbursed, as provided in this 898
section, for the cost of hunting and fishing licenses, permits, 899
and stamps required to be issued free of charge pursuant to rules 900
adopted under division (B) of section 1533.12 of the Revised 901
Code. The chief shall compile data on the number, type, and 902
amount of fees that would have been collected for the licenses, 903
permits, and stamps if they were not issued free of charge. The 904
chief shall certify the amount of foregone revenue for the 905
previous fiscal year for the free licenses, permits, and stamps 906
to the director of budget and management. Beginning with the 907
amount for fiscal year 1992, the director shall transfer the 908
lesser of one million dollars per year or the amount so certified 909
from the general revenue fund to the wildlife fund, by intrastate 910
22
transfer voucher. 911
No person, on any lands acquired and set aside for wild 913
animal management, preservation, propagation, and protection or 914
public hunting grounds having plainly marked boundaries, or with 915
knowledge that such lands are so acquired and set aside, shall 916
take, hunt or trap, kill, or pursue any wild animal on such 917
lands, except as provided by law or division rules. No person 918
shall enter upon such lands or lands held by the state for 919
purposes of reforestation with intent to cut growing timber on 920
any such lands or otherwise commit waste thereon. Hunting may be 921
engaged in on lands set aside for purposes of reforestation as 922
provided by division rules and approved by the division of 923
forestry. 924
Sec. 1533.32. Except as provided in this section or 933
division (A) or (C) of section 1533.12 of the Revised Code, no 934
person, including nonresidents, shall take or catch any fish by 935
angling in any of the waters in the state or engage in fishing in 936
those waters without a license. No person shall take or catch 937
frogs or turtles, or mussels for bait purposes, without a valid 938
fishing license, except as provided in this section. Persons 939
fishing in privately owned ponds, lakes, or reservoirs to or from 940
which fish are not accustomed to migrate are exempt from the 941
license requirements set forth in this section. Persons fishing 942
in privately owned ponds, lakes, or reservoirs that are open to 943
public fishing through an agreement or lease with the division of 944
wildlife shall comply with the license requirements set forth in 945
this section. 946
The fee FOR AN ANNUAL LICENSE shall be twenty-three dollars 948
for a resident of a state that is not a party to an agreement 950
under section 1533.91 of the Revised Code. The fee FOR AN ANNUAL 951
LICENSE shall be fourteen dollars for a resident of a state that 953
is a party to such an agreement. The fee FOR AN ANNUAL LICENSE 954
for residents of this state shall be fourteen dollars, unless the 956
rules adopted under division (B) of section 1533.12 of the
23
Revised Code provide for issuance of a resident fishing license 957
to the applicant free of charge. Any 958
ANY person under the age of sixteen years may take or catch 961
frogs and turtles, and mussels for bait purposes, and take or 962
catch fish by angling without a license. Any resident of this 963
state sixty-six years of age or older may take or catch frogs and 964
turtles, and mussels for bait purposes, without a license. The 965
THE chief of the division of wildlife may issue a tourist's 968
license expiring three days from the effective date of the 969
license to a resident of a state that is not a party to an 970
agreement under section 1533.91 of the Revised Code, the. THE 971
fee for which A TOURIST'S LICENSE shall be fourteen dollars. 972
Each year's 973
THE CHIEF SHALL ADOPT RULES UNDER SECTION 1531.10 OF THE 976
REVISED CODE PROVIDING FOR THE ISSUANCE OF A ONE-DAY FISHING 977
LICENSE TO A RESIDENT OF THIS STATE OR OF ANY OTHER STATE. THE 978
FEE FOR SUCH A LICENSE SHALL BE FORTY PER CENT OF THE AMOUNT 979
ESTABLISHED UNDER THIS SECTION FOR A TOURIST'S LICENSE, ROUNDED 980
UP TO THE NEAREST WHOLE DOLLAR. A ONE-DAY FISHING LICENSE SHALL 981
ALLOW THE HOLDER TO TAKE OR CATCH FISH BY ANGLING IN THE WATERS 982
IN THE STATE, ENGAGE IN FISHING IN THOSE WATERS, OR TAKE OR CATCH 983
FROGS OR TURTLES IN THOSE WATERS FOR ONE DAY WITHOUT OBTAINING AN 984
ANNUAL LICENSE OR A TOURIST'S LICENSE UNDER THIS SECTION. AT THE 986
REQUEST OF A HOLDER OF A ONE-DAY FISHING LICENSE WHO WISHES TO 987
OBTAIN AN ANNUAL LICENSE, A CLERK OR AGENT AUTHORIZED TO ISSUE 988
LICENSES UNDER SECTION 1533.13 OF THE REVISED CODE, NOT LATER 990
THAN THE LAST DAY ON WHICH THE ONE-DAY LICENSE WOULD BE VALID IF 991
IT WERE AN ANNUAL LICENSE, SHALL CREDIT THE AMOUNT OF THE FEE 992
PAID FOR THE ONE-DAY LICENSE TOWARD THE FEE CHARGED FOR THE 993
ANNUAL LICENSE. THE CLERK OR AGENT SHALL ISSUE THE ANNUAL 994
LICENSE UPON PRESENTATION OF THE ONE-DAY LICENSE AND PAYMENT OF A 995
FEE IN AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE FEE FOR THE 996
ANNUAL LICENSE AND THE FEE FOR THE ONE-DAY LICENSE. 997
A FEE OF ONE DOLLAR FOR EACH LICENSE ISSUED UNDER THIS 999
24
SECTION SHALL BE PAID TO THE ISSUING CLERK OR AGENT IN ACCORDANCE 1,001
WITH SECTION 1533.13 OF THE REVISED CODE. 1,003
UNLESS OTHERWISE PROVIDED BY DIVISION RULE, EACH ANNUAL 1,005
license shall begin on the first day of March of the current year 1,007
and expire on the last day of February of the following year. 1,008
No person shall alter a fishing license or possess a 1,010
fishing license that has been altered. 1,011
No person shall procure or attempt to procure a fishing 1,013
license by fraud, deceit, misrepresentation, or any false 1,014
statement. 1,015
Owners of land over, through, upon, or along which any 1,017
water flows or stands, except where the land is in or borders on 1,018
state parks or state-owned lakes, together with the members of 1,019
the immediate families of such owners, may take frogs and 1,021
turtles, and mussels for bait purposes, and may take or catch
fish of the kind permitted to be taken or caught therefrom 1,022
without procuring the A license provided for in this section. 1,023
This exemption extends to tenants actually residing upon such 1,025
lands and to the members of the immediate families of the 1,026
tenants. Residents of state or county institutions, charitable 1,027
institutions, and military homes in this state may take frogs and 1,028
turtles, and mussels for bait purposes, without procuring the 1,029
required license, provided that a member of the institution or 1,030
home has an identification card, which shall be carried on his 1,031
THAT person when fishing. 1,033
Every fisherman FISHER required to be licensed, while 1,035
fishing, or taking or attempting to take frogs or turtles, or 1,036
mussels for bait purposes, shall carry his THE license and 1,037
exhibit it to any person. Failure to so carry and exhibit such 1,039
THE license constitutes an offense under this section. 1,041
Notwithstanding the fees otherwise prescribed in this 1,043
section, prior to March 1, 1995, the license fee for a resident 1,045
of this state shall be eleven dollars, unless the rules adopted 1,047
under division (B) of section 1533.12 of the Revised Code provide 1,048
25
for the issuance of a resident fishing license to the applicant
free of charge; the license fee for a resident of another state 1,050
that is a party to an agreement under section 1533.91 of the 1,051
Revised Code shall be eleven dollars; the license fee for a 1,052
resident of a state that is not a party to such an agreement 1,054
shall be eighteen dollars; and the fee for a tourist's license 1,055
issued to a resident of a state that is not a party to such an
agreement shall be eleven dollars. 1,056
Sec. 1533.324. No person shall take MUSSELS or sell 1,065
mussels, except for bait purposes as provided in section 1533.32 1,066
of the Revised Code, without first obtaining an annual mussel 1,067
taking permit from the chief of the division of wildlife. The 1,068
fee for such permit shall be five dollars for residents of the 1,069
state and ten dollars for nonresidents. 1,070
No person shall use a crow foot bar in taking or attempting 1,072
to take mussels without first obtaining an annual crow foot bar 1,073
permit from the chief of the division of wildlife. The fee for 1,074
such permit shall be twenty-five dollars for residents of the 1,075
state and one hundred dollars for nonresidents. 1,076
"Crow foot bar" as used in this section means a bar made of 1,078
any material bearing a series of hooks designed to catch or 1,079
adapted for catching mussels by insertion of such hooks between 1,080
the shells of mussels. 1,081
No person shall buy mussels for resale, or commercial 1,083
processing, or manufacturing purposes without first obtaining an 1,084
annual commercial mussel buyer permit from the chief of the 1,085
division of wildlife. The fee for such permit shall be one 1,086
hundred dollars for residents of the state and three hundred 1,087
dollars for nonresidents. 1,088
Every person, while engaging in buying, selling, taking, or 1,090
attempting to take mussels, shall carry and exhibit the permit 1,091
which applies to his operation to any person upon request. 1,093
Failure to carry and exhibit such permit constitutes an offense 1,094
under this section. 1,095
26
All permits mentioned in this section shall expire at 1,097
midnight on the thirty-first day of December of each year. 1,098
Failure to obtain a required permit constitutes an offense under 1,099
this section. The application, permits, and reports required by 1,100
this section shall be in such form as the chief prescribes. 1,101
Each person having a mussel taking permit or a crow foot 1,103
bar permit shall submit an operation report by not later than the 1,104
fifteenth day of each month to the chief of the division of 1,105
wildlife. Said report shall show pounds of mussels collected, 1,106
water area where collected, pounds sold, and selling price per 1,107
unit of sale. Each commercial mussel buyer shall submit a report 1,108
not later than the first day of February of each year of the 1,109
pounds of mussels and shells purchased in the previous year. 1,110
Falsifying or failure to submit such reports authorizes the chief 1,111
of the division of wildlife to deny future permits. 1,112
The chief shall pay all moneys received as fees for permits 1,114
under this section into the state treasury to the credit of the 1,115
fund created by section 1533.33 of the Revised Code TAKEN IN THIS 1,116
STATE. 1,117
Section 2. That existing sections 1531.01, 1533.10, 1,119
1533.101, 1533.11, 1533.111, 1533.112, 1533.13, 1533.14, 1533.15, 1,120
1533.32, and 1533.324 of the Revised Code are hereby repealed. 1,122
Section 3. Section 1531.01 of the Revised Code is 1,124
presented in this act as a composite of the section as amended by 1,125
both Am. H.B. 287 and Am. Sub. S.B. 182 of the 120th General 1,126
Assembly, with the new language of neither of the acts shown in 1,128
capital letters. Sections 1533.10, 1533.11, and 1533.111 of the 1,129
Revised Code are presented in this act as composites of the 1,132
sections as amended by both Sub. H.B. 715 and Am. Sub. S.B. 182 1,133
of the 120th General Assembly, with the new language of neither 1,136
of the acts shown in capital letters. This is in recognition of 1,138
the principle stated in division (B) of section 1.52 of the 1,139
Revised Code that such amendments are to be harmonized where not 1,140
substantively irreconcilable and constitutes a legislative 1,141
27
finding that such is the resulting version in effect prior to the 1,142
effective date of this act.