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           

                                                          2      

                                                                 
      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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
(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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
      (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          

                                                          14     

                                                                 
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          

                                                          15     

                                                                 
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          

                                                          16     

                                                                 
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.