As Reported by the House Agriculture and Natural Resources Committee 1
122nd General Assembly 4
Regular Session Am. H. B. No. 203 5
1997-1998 6
REPRESENTATIVES WACHTMANN-REID-SCHULER-MOTTLEY-GARCIA-OPFER- 8
TERWILLEGER-HARRIS-VESPER-GRENDELL-WESTON-HOUSEHOLDER-HAINES-CORE 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 authorize certain 22
provisions governing hunting and fishing
licenses, wetlands habitat stamps, deer or wild 24
turkey permits, and fur taker permits to be 25
changed by rule; to increase the fee for 26
reissuance of a lost, destroyed, or stolen 27
hunting or fishing license, deer or wild turkey 28
permit, or fur taker permit, and to allow license 29
agents, in addition to clerks of courts of common 30
pleas, to reissue such licenses and permits if 32
the Chief authorizes it; to eliminate the 33
requirement that a hunter or trapper wear a tag 34
on the back of the hunter's or trapper's outer 35
garment; and to prohibit the taking of mussels 37
or the sale of mussels taken in this state. 38
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 40
Section 1. That sections 1531.01, 1533.10, 1533.101, 42
1533.111, 1533.112, 1533.13, 1533.14, 1533.15, 1533.32, and 43
1533.324 of the Revised Code be amended to read as follows: 45
2
Sec. 1531.01. As used in this chapter and Chapter 1533. of 53
the Revised Code: 54
(A) "Person" means individual, company, partnership, 56
corporation, municipal corporation, association, or any 57
combination of individuals, or any employee, agent, or officer 58
thereof. 59
(B) "Resident" means any individual who has resided in 61
this state for not less than six months next preceding the date 62
of making application for a license. 63
(C) "Nonresident" means any individual who does not 65
qualify as a resident. 66
(D) "Division rule" or "rule" means any rule adopted by 69
the chief of the division of wildlife under section 1531.10 of 70
the Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which 72
the taking of wild animals protected by this chapter and Chapter 73
1533. of the Revised Code is prohibited. 74
(F) "Open season" means that period of time during which 76
the taking of wild animals protected by this chapter and Chapter 77
1533. of the Revised Code is permitted. 79
(G) "Take or taking" includes pursuing, shooting, hunting, 81
killing, trapping, angling, fishing with a trotline, or netting 82
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, 83
wild bird, or wild quadruped, and any lesser act, such as 84
wounding, or placing, setting, drawing, or using any other device 85
for killing or capturing any wild animal, whether it results in 86
killing or capturing the animal or not. "Take or taking" 87
includes every attempt to kill or capture and every act of 88
assistance to any other person in killing or capturing or 89
attempting to kill or capture a wild animal. 90
(H) "Possession" means both actual and constructive 92
possession and any control of things referred to. 93
(I) "Bag limit" means the number, measurement, or weight 95
of any kind of clams, mussels, crayfish, aquatic insects, fish, 96
3
frogs, turtles, wild birds, and wild quadrupeds permitted to be 97
taken. 98
(J) "Transport and transportation" means carrying or 100
moving or causing to be carried or moved. 101
(K) "Sell and sale" means barter, exchange, or offer or 103
expose for sale. 104
(L) "Whole to include part" means that every provision 106
relating to any wild animal protected by this chapter and Chapter 107
1533. of the Revised Code applies to any part thereof with the 108
same effect as it applies to the whole. 109
(M) "Angling" means fishing with not more than two hand 111
lines, not more than two units of rod and line, or a combination 112
of not more than one hand line and one rod and line, either in 113
hand or under control at any time while fishing. The hand line 114
or rod and line shall have attached to it not more than three 115
baited hooks, not more than three artificial fly rod lures, or 116
one artificial bait casting lure equipped with not more than 117
three sets of three hooks each. 118
(N) "Trotline" means a device for catching fish that 120
consists of a line having suspended from it, at frequent 121
intervals, vertical lines with hooks attached. 122
(O) "Fish" means a cold-blooded vertebrate having fins. 124
(P) "Measurement of fish" means length from the end of the 126
nose to the longest tip or end of the tail. 127
(Q) "Wild birds" includes game birds and nongame birds. 129
(R) "Game" includes game birds, game quadrupeds, and 131
fur-bearing animals. 132
(S) "Game birds" includes mourning doves, pheasants, 134
quail, ruffed grouse, sharp-tailed grouse, pinnated grouse, wild 135
turkey, Hungarian partridge, Chukar partridge, woodcocks, 136
black-breasted plover, golden plover, Wilson's snipe or 137
jacksnipe, greater and lesser yellowlegs, rail, coots, 138
gallinules, duck, geese, brant, and crows. 139
(T) "Nongame birds" includes all other wild birds not 141
4
included and defined as game birds. 142
(U) "Wild quadrupeds" includes game quadrupeds and 144
fur-bearing animals. 145
(V) "Game quadrupeds" includes hares or rabbits, gray 147
squirrels, black squirrels, fox squirrels, red squirrels, 148
groundhogs or woodchucks, deer, wild boar, and bears. 149
(W) "Fur-bearing animals" includes minks, weasels, 151
raccoons, skunks, opossums, muskrats, fox, beavers, badgers, 152
otters, coyotes, and bobcats. 153
(X) "Wild animals" includes mollusks, crustaceans, aquatic 155
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, 156
and all other wild mammals. 157
(Y) "Hunting" means pursuing, shooting, killing, following 159
after or on the trail of, lying in wait for, shooting at, or 160
wounding wild birds or wild quadrupeds while employing any device 161
commonly used to kill or wound wild birds or wild quadrupeds 162
whether or not the acts result in killing or wounding. "Hunting" 163
includes every attempt to kill or wound and every act of 164
assistance to any other person in killing or wounding or 165
attempting to kill or wound wild birds or wild quadrupeds. 166
(Z) "Trapping" means securing or attempting to secure 168
possession of a wild bird or wild quadruped by means of setting, 169
placing, drawing, or using any device that is designed to close 170
upon, hold fast, confine, or otherwise capture a wild bird or 171
wild quadruped whether or not the means results in capture. 172
"Trapping" includes every act of assistance to any other person 173
in capturing wild birds or wild quadrupeds by means of the device 174
whether or not the means results in capture. 175
(AA) "Muskrat spear" means any device used in spearing 177
muskrats. 178
(BB) "Channels and passages" means those narrow bodies of 180
water lying between islands or between an island and the mainland 181
in Lake Erie. 182
(CC) "Island" means a rock or land elevation above the 184
5
waters of Lake Erie having an area of five or more acres above 185
water. 186
(DD) "Reef" means an elevation of rock, either broken or 188
in place, or gravel shown by the latest United States chart to be 189
above the common level of the surrounding bottom of the lake, 190
other than the rock bottom, or in place forming the base or 191
foundation rock of an island or mainland and sloping from the 192
shore thereof. "Reef" also means all elevations shown by that 193
chart to be above the common level of the sloping base or 194
foundation rock of an island or mainland, whether running from 195
the shore of an island or parallel with the contour of the shore 196
of an island or in any other way and whether formed by rock, 197
broken or in place, or from gravel. 198
(EE) "Fur farm" means any area used exclusively for 200
raising fur-bearing animals or in addition thereto used for 201
hunting game, the boundaries of which are plainly marked as such. 202
(FF) "Waters" includes any lake, pond, reservoir, stream, 204
channel, lagoon, or other body of water, or any part thereof, 205
whether natural or artificial. 206
(GG) "Crib" or "car" refers to that particular compartment 208
of the net from which the fish are taken when the net is lifted. 209
(HH) "Commercial fish" means those species of fish 211
permitted to be taken, possessed, bought, or sold unless 212
otherwise restricted by the Revised Code or division rule and are 214
alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), 215
bowfin (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), 216
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus 217
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead 218
(Ictalurus natalis), brown bullheads (Ictalurus nebulosus), 219
channel catfish (Ictalurus punctatus), flathead catfish 220
(Pylodictis olivaris), whitefish (Coregonus sp.), cisco 221
(Coregonus sp.), freshwater drum or sheepshead (Aplodinotus 222
grunniens), gar (Lepisosteus sp.), gizzard shad (Dorosoma 223
cepedianum), goldfish (Carassius auratus), lake trout (Salvelinus 224
6
namaycush), mooneye (Hiodon tergisus), quillback (Carpiodes 225
cyprinus), smelt (Allosmerus elongatus, Hypomesus sp., Osmerus 226
sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus 227
sp.), sucker other than buffalo and quillback (Carpiodes sp., 228
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), 229
white bass (Morone chrysops), white perch (Roccus americanus), 230
and yellow perch (Perca flavescens). When the common name of a 231
fish is used in this chapter or Chapter 1533. of the Revised 232
Code, it refers to the fish designated by the scientific name in 233
this definition.
(II) "Fishing" means taking or attempting to take fish by 235
any method, and all other acts such as placing, setting, drawing, 236
or using any device commonly used to take fish whether resulting 237
in a taking or not. 238
(JJ) "Fillet" means the pieces of flesh taken or cut from 240
both sides of a fish, joined to form one piece of flesh. 241
(KK) "Part fillet" means a piece of flesh taken or cut 243
from one side of a fish. 244
(LL) "Round" when used in describing fish means with head 246
and tail intact. 247
(MM) "Migrate" means the transit or movement of fish to or 249
from one place to another as a result of natural forces or 250
instinct and includes, but is not limited to, movement of fish 251
induced or caused by changes in the water flow. 252
(NN) "Spreader bar" means a brail or rigid bar placed 254
across the entire width of the back, at the top and bottom of the 255
cars in all trap, crib, and fyke nets for the purpose of keeping 256
the meshes hanging squarely while the nets are fishing. 257
(OO) "Fishing guide" means any person who, for 259
consideration or hire, operates a boat, rents, leases, or 260
otherwise furnishes angling devices, ice fishing shanties or 261
shelters of any kind, or other fishing equipment, and 262
accompanies, guides, directs, or assists any other person in 263
order for the other person to engage in fishing. 264
7
(PP) "Net" means fishing devices with meshes composed of 266
twine or synthetic material and includes, but is not limited to, 267
trap nets, fyke nets, crib nets, carp aprons, dip nets, and 268
seines, except minnow seines and minnow dip nets. 269
(QQ) "Commercial fishing gear" means seines, trap nets, 271
fyke nets, dip nets, carp aprons, trotlines, other similar gear, 272
and any boat used in conjunction with that gear, but does not 273
include gill nets. 274
(RR) "Native wildlife" means any species of the animal 276
kingdom indigenous to this state. 277
(SS) "Gill net" means a single section of fabric or 279
netting seamed to a float line at the top and a lead line at the 280
bottom, which is designed to entangle fish in the net openings as 281
they swim into it. 282
(TT) "Small game" includes pheasants, quail, ruffed 284
grouse, sharp-tailed grouse, pinnated grouse, Hungarian 285
partridge, Chukar partridge, woodcocks, black-breasted plover, 286
golden plover, Wilson's snipe or jacksnipe, greater and lesser 287
yellowlegs, rail, coot, gallinules, ducks, geese, brant, crows, 288
rabbits, gray squirrels, black squirrels, fox squirrels, red 289
squirrels, and groundhogs or woodchucks. 290
(UU) "Tag fishing tournament" means a contest in which a 292
participant pays a fee, or gives other valuable consideration, 293
for a chance to win a prize by virtue of catching a tagged or 294
otherwise specifically marked fish within a limited period of 295
time, but does not include a scheme of chance conducted under 296
division (D)(1) of section 2915.02 of the Revised Code. 297
(VV) "Tenant" means an individual who resides on land for 299
which he THE INDIVIDUAL pays rent and whose annual income is 300
primarily derived from agricultural production conducted on that 301
land, as "agricultural production" is defined in section 929.01 302
of the Revised Code.
(WW) "Nonnative wildlife" means any wild animal not 304
indigenous to this state.
8
The chief shall not establish a season for the hunting of 306
mourning doves that opens prior to the fifteenth day of September 307
of any year.
Sec. 1533.10. Except as provided in this section or 315
division (A) of section 1533.12 of the Revised Code, no person 316
shall hunt any wild bird or wild quadruped without a hunting 317
license. Each day that any person hunts within the state without 318
procuring such a license constitutes a separate offense. Every 319
applicant for a hunting license who is a resident of the state 320
and age sixteen or over shall procure a resident hunting license, 321
the fee for which shall be fourteen dollars, unless the rules 322
adopted under division (B) of section 1533.12 of the Revised Code 323
provide for issuance of a resident hunting license to the 324
applicant free of charge. Every applicant who is a resident of 325
the state and under the age of sixteen years shall procure a 326
special youth hunting license, the fee for which shall be 327
one-half of the regular hunting license fee. The owner and the 328
children of the owner of lands in the state may hunt thereon 329
without a hunting license. The tenant or manager and children of 330
the tenant or manager, residing on lands in the state, may hunt 331
thereon without a hunting license. Every applicant for a hunting 332
license who is a nonresident of the state shall procure a 333
nonresident hunting license, the fee for which shall be ninety 334
dollars, unless the applicant is a resident of a state that is a 335
party to an agreement under section 1533.91 of the Revised Code, 336
in which case the fee shall be fourteen dollars. 337
The chief of the division of wildlife may issue a tourist's 339
small game hunting license expiring three days from the effective 340
date of the license to a nonresident of the state, the fee for 341
which shall be twenty-four dollars. No person shall take or 342
possess any animal that is not small game while possessing only a 343
tourist's small game hunting license. A tourist's small game 344
hunting license does not authorize the taking or possessing of 345
ducks, geese, or brant without having obtained, in addition to 346
9
the tourist's small game hunting license, a wetlands habitat 347
stamp as provided in section 1533.112 of the Revised Code. 348
No person shall procure or attempt to procure a hunting 350
license by fraud, deceit, misrepresentation, or any false 351
statement. 352
This section does not authorize the taking and possessing 354
of deer or wild turkeys without first having obtained, in 355
addition to the hunting license required by this section, a 356
special deer or wild turkey permit as provided in section 1533.11 357
of the Revised Code or the taking and possessing of ducks, geese, 358
or brant without first having obtained, in addition to the 359
hunting license required by this section, a wetlands habitat 360
stamp as provided in section 1533.112 of the Revised Code. 361
This section does not authorize the hunting or trapping of 363
fur-bearing animals without first having obtained, in addition to 364
a hunting license required by this section, a fur taker permit as 365
provided in section 1533.111 of the Revised Code. 366
No hunting license shall be issued unless the applicant 368
presents to the agent authorized to issue the license a 369
previously held hunting license or evidence of having held such a 370
license in content and manner approved by the chief, a 371
certificate of completion issued upon completion of a hunter 372
education and conservation course approved by the chief, or 373
evidence of equivalent training in content and manner approved by 374
the chief. 375
No person shall issue a hunting license to any person who 377
fails to present the evidence required by this section. No 378
person shall purchase or obtain a hunting license without 379
presenting to the issuing agent the evidence required by this 380
section. Issuance of a hunting license in violation of the 381
requirements of this section is an offense by both the purchaser 382
of the illegally obtained hunting license and the clerk or agent 383
who issued the hunting license. Any hunting license issued in 384
violation of this section is void. 385
10
The chief, with approval of the wildlife council, shall 387
adopt rules prescribing a hunter education and conservation 388
course for first-time hunting license buyers and for volunteer 389
instructors. The course shall consist of subjects including, but 390
not limited to, hunter safety and health, use of hunting 391
implements, hunting tradition and ethics, the hunter and 392
conservation, and the law relating to hunting. Authorized 393
personnel of the division or volunteer instructors approved by 394
the chief shall conduct such courses with such frequency and at 395
such locations throughout the state as to reasonably meet the 396
needs of license applicants. The chief shall issue a certificate 397
of completion to each person who successfully completes the 398
course and passes an examination prescribed by the chief. 399
Notwithstanding the fees otherwise prescribed in this 401
section, prior to September 1, 1994, the fee for a resident 402
hunting license shall be eleven dollars, unless the rules adopted 403
under division (B) of section 1533.12 of the Revised Code provide 404
for the issuance of a resident hunting license to the applicant 405
free of charge; the fee for a special youth hunting license shall 406
be six dollars; the fee for a nonresident hunting license shall 407
be eighty dollars, unless the applicant is a resident of a state 408
that is a party to an agreement under section 1533.91 of the 409
Revised Code; the fee for a nonresident hunting license shall be 410
eleven dollars if the applicant is a resident of a state that is 411
a party to such an agreement; and the fee for a tourist's small 412
game hunting license shall be twenty dollars. 413
Sec. 1533.101. Any person who has been issued a hunting or 422
fishing license, A WETLANDS HABITAT STAMP, a deer or wild turkey 423
permit, or a fur taker permit for the current license, STAMP, or 425
permit year or for the license, STAMP, or permit year next 427
preceding the current such year pursuant to this chapter, and if 428
the license, STAMP, or permit has been lost, destroyed, or 430
stolen, may be issued a reissued hunting or fishing license, 431
WETLANDS HABITAT STAMP, deer or wild turkey permit, or fur taker 432
11
permit. The person shall file with the clerk of the court of 433
common pleas an application in affidavit form OR, IF THE CHIEF OF 434
THE DIVISION OF WILDLIFE AUTHORIZES IT, APPLY FOR A REISSUED 435
LICENSE, STAMP, OR PERMIT TO AN AUTHORIZED AGENT DESIGNATED BY 436
THE CHIEF, and pay a fee for each license, STAMP, or permit of 438
one dollar TWO DOLLARS plus one dollar to the clerk OR AGENT, who 439
shall issue a reissued license or permit that shall allow the 440
applicant to hunt, fish, or trap, as the case may be. The clerk 441
OR AGENT shall administer the oath to the applicant and shall 442
send a copy of the reissued license, STAMP, or permit to the 443
division of wildlife. 444
All moneys received as fees for the issuance of reissued 446
licenses, STAMPS, or permits shall be transmitted to the director 448
of natural resources to be paid into the state treasury to the 449
credit of the funds to which the fees for the original licenses, 450
STAMPS, and permits were credited. 452
No person shall knowingly or willfully secure, attempt to 454
secure, or use a reissued hunting or fishing license, WETLANDS 455
HABITAT STAMP, deer or wild turkey permit, or fur taker permit to 457
which he THE PERSON is not entitled. No person shall knowingly 458
or willfully issue a reissued hunting or fishing license, 459
WETLANDS HABITAT STAMP, deer or wild turkey permit, or fur taker 461
permit under this section to any person who is not entitled to 462
receive and use such a reissued license or permit.
Sec. 1533.11. (A) Except as provided in this section, no 471
person shall hunt deer on lands of another without first 472
obtaining an annual special deer permit. Except as provided in 473
this section, no person shall hunt wild turkeys on lands of 474
another without first obtaining an annual special wild turkey 475
permit. Each applicant for a special deer or wild turkey permit 476
shall pay an annual fee of nineteen dollars for each permit, 477
together with one dollar as a fee to the clerk or other issuing 478
agent, for the permit unless the rules adopted under division (B) 479
of section 1533.12 of the Revised Code provide for issuance of a 480
12
deer or wild turkey permit to the applicant free of charge. 481
Except as provided in division (A) of section 1533.12 of the 482
Revised Code, a deer or wild turkey permit shall run concurrently 483
with the hunting license. The money received, other than the one 484
dollar fee provided for above, shall be paid into the state 485
treasury to the credit of the wildlife fund, created in section 486
1531.17 of the Revised Code, exclusively for the use of the 487
division of wildlife in the acquisition and development of land 488
for deer or wild turkey management, for investigating deer or 489
wild turkey problems, and for the stocking, management, and 490
protection of deer or wild turkey. Every person, while hunting 491
deer or wild turkey on lands of another, shall carry his THE 492
PERSON'S special deer or wild turkey permit with him and exhibit 493
it to any enforcement officer so requesting. Failure to so carry 494
and exhibit such a permit constitutes an offense under this 495
section. The chief of the division of wildlife shall adopt any 496
additional rules he THE CHIEF considers necessary to carry out 497
this section and section 1533.10 of the Revised Code. 498
The owner and the children of the owner of lands in this 500
state may hunt deer or wild turkey thereon without a special deer 501
or wild turkey permit. The tenant or manager and children of the 502
tenant or manager may hunt deer or wild turkey on lands where 503
they reside without a special deer or wild turkey permit. 504
(B) A special deer or wild turkey permit is not 506
transferable. No person shall carry a special deer or wild 507
turkey permit issued in the name of another person. 508
(C) The wildlife refunds fund is hereby created in the 510
state treasury. The fund shall consist of money received from 511
application fees for special deer permits that are not issued. 512
Money in the fund shall be used to make refunds of such 513
application fees. 514
(D) Notwithstanding the fees otherwise prescribed in this 516
section, prior to September 1, 1994, the annual fee for a special 517
deer or wild turkey permit shall be fifteen dollars for each 518
13
permit, together with one dollar as a fee to the clerk or other 519
issuing agent, for the permit, unless the rules adopted under 520
division (B) of section 1533.12 of the Revised Code provide for 521
the issuance of a deer or wild turkey permit to the applicant 522
free of charge. 523
Sec. 1533.111. Except as provided in this section or 532
division (A) of section 1533.12 of the Revised Code, no person 533
shall hunt or trap fur-bearing animals on land of another without 534
first obtaining an annual fur taker permit. Each applicant for a 535
fur taker permit shall pay an annual fee of ten dollars, together 536
with one dollar as a fee to the clerk or other issuing agent, for 537
the permit, except as otherwise provided in this section or 538
unless the rules adopted under division (B) of section 1533.12 of 539
the Revised Code provide for issuance of a fur taker permit to 540
the applicant free of charge. Each applicant who is a resident 541
of the state and under the age of sixteen years shall procure a 542
special youth fur taker permit, the fee for which shall be 543
one-half of the regular fur taker permit fee and which shall be 544
paid together with one dollar as a fee to the clerk or other 545
issuing agent. The fur taker permit shall run concurrently with 546
the hunting license. The money received, other than the one 547
dollar fee provided for in this section, shall be paid into the 548
state treasury to the credit of the fund established in section 549
1533.15 of the Revised Code. 550
No fur taker permit shall be issued unless the applicant 552
presents to the agent authorized to issue a fur taker permit a 553
previously held hunting license or trapping or fur taker permit 554
or evidence of having held such a license or permit in content 555
and manner approved by the chief of the division of wildlife, a 556
certificate of completion issued upon completion of a trapper 557
education course approved by the chief, or evidence of equivalent 558
training in content and manner approved by the chief. 559
No person shall issue a fur taker permit to any person who 561
fails to present the evidence required by this section. No 562
14
person shall purchase or obtain a fur taker permit without 563
presenting to the issuing agent the evidence required by this 564
section. Issuance of a fur taker permit in violation of the 565
requirements of this section is an offense by both the purchaser 566
of the illegally obtained permit and the clerk or agent who 567
issued the permit. Any fur taker permit issued in violation of 568
this section is void. 569
The chief, with approval of the wildlife council, shall 571
adopt rules prescribing a trapper education course for first-time 572
fur taker permit buyers and for volunteer instructors. The 573
course shall consist of subjects that include, but are not 574
limited to, trapping techniques, animal habits and 575
identification, trapping tradition and ethics, the trapper and 576
conservation, and the law relating to trapping. Authorized 577
personnel of the division of wildlife or volunteer instructors 578
approved by the chief shall conduct the courses with such 579
frequency and at such locations throughout the state as to 580
reasonably meet the needs of permit applicants. The chief shall 581
issue a certificate of completion to each person who successfully 582
completes the course and passes an examination prescribed by the 583
chief. 584
Every person, while hunting or trapping fur-bearing animals 587
on lands of another, shall carry his THE PERSON'S fur taker 588
permit affixed to his THE PERSON'S hunting license with his THE 589
PERSON'S signature written across the face of the permit. 590
Failure to carry such a signed permit constitutes an offense 591
under this section. The chief shall adopt any additional rules 592
he THE DIRECTOR considers necessary to carry out this section. 593
The owner and the children of the owner of lands in this 595
state may hunt or trap fur-bearing animals thereon without a fur 596
taker permit. The tenant or manager and children of the tenant 597
or manager may hunt or trap fur-bearing animals on lands where 599
they reside without a fur taker permit.
A fur taker permit is not transferable. No person shall 601
15
carry a fur taker permit issued in the name of another person. 602
A fur taker permit entitles a nonresident to take with him 604
from this state fur-bearing animals taken and possessed by him 605
THE NONRESIDENT as provided by law or division rule. 606
Notwithstanding the fees otherwise prescribed in this 608
section, prior to September 1, 1994, the fee for an annual 609
trapping permit shall be eight dollars, together with one dollar 611
as a fee to the clerk or other issuing agent, for the permit, 612
unless the rules adopted under division (B) of section 1533.12 of 613
the Revised Code provide for the issuance of a trapping permit to 614
the applicant free of charge, and the fee for a special youth 615
trapping permit shall be four dollars, together with one dollar 616
as a fee to the clerk or other issuing agent. 617
Sec. 1533.112. Except as UNLESS OTHERWISE provided in this 626
section BY DIVISION RULE, no person shall hunt ducks, geese, or 628
brant on the lands of another without first obtaining an annual 629
wetlands habitat stamp. The annual fee for the wetlands habitat 630
stamp shall be ten dollars for each stamp, together with one 631
dollar as a fee to the clerk or other issuing agent, unless the 632
rules adopted under division (B) of section 1533.12 provide for 633
issuance of a wetlands habitat stamp to the applicant free of 634
charge.
Moneys received from the stamp fee, other than the one 636
dollar clerk's fee, shall be paid into the state treasury to the 637
credit of the wetlands habitat fund, which is hereby established. 638
Moneys shall be paid from the fund on the order of the director 639
of natural resources for the following purposes: 640
(A) Sixty per cent for projects that the division approves 642
for the acquisition, development, management, or preservation of 643
waterfowl areas within the state; 644
(B) Forty per cent for contribution by the division to an 646
appropriate nonprofit organization for the acquisition, 647
development, management, or preservation of lands and waters 648
within Canada that provide or will provide habitat for waterfowl 649
16
with migration routes that cross this state. 650
No moneys derived from the issuance of wetlands habitat 652
stamps shall be spent for purposes other than those specified by 653
this section. All investment earnings of the fund shall be 654
credited to the fund. 655
Wetlands habitat stamps shall be furnished by AND IN A FORM 657
PRESCRIBED BY the chief of the division of wildlife and issued by 659
clerks and other agents authorized to issue licenses and permits 660
under section 1533.13 of the Revised Code. The record of stamps 661
kept by the clerks and other agents shall be uniform throughout 662
the state, in such form or manner as the director prescribes, and 663
open at all reasonable hours to the inspection of any person. 664
Each UNLESS OTHERWISE PROVIDED BY RULE, EACH stamp shall remain 666
in force until midnight of the thirty-first day of August next 667
ensuing. Wetlands habitat stamps may be issued in any manner to 668
any person on any date, whether or not that date is within the 669
period in which they are effective. 670
Every person to whom this section applies, while hunting 672
ducks, geese, or brant, shall carry an unexpired wetlands habitat 673
stamp that is validated by his THE PERSON'S signature written on 674
the stamp in ink and shall exhibit the stamp to any enforcement 676
officer so requesting. No person shall fail to carry and exhibit 677
his THE PERSON'S stamp. 678
A wetlands habitat stamp is not transferable. 680
The chief shall establish a procedure to obtain subject 682
matter to be printed on the wetlands habitat stamp and shall use, 683
dispose of, or distribute the subject matter as he THE CHIEF 684
considers necessary. The chief ALSO shall also make orders ADOPT 686
RULES necessary to administer this section. 688
This section does not apply to persons under sixteen years 690
of age nor to persons exempted from procuring a hunting license 691
under section 1533.10 or division (A) of section 1533.12 of the 692
Revised Code. 693
Notwithstanding the fees otherwise prescribed in this 695
17
section, prior to September 1, 1994, the annual fee for a 696
wetlands habitat stamp shall be eight dollars for each stamp, 697
together with one dollar as a fee to the clerk or other issuing 698
agent, unless the rules adopted under division (B) of section
1533.12 of the Revised Code provide for the issuance of a 699
wetlands habitat stamp to the applicant free of charge. 700
Sec. 1533.13. Hunting and fishing licenses, WETLANDS 709
HABITAT STAMPS, deer and wild turkey permits, and fur taker 711
permits shall be issued by the clerk of the court of common 712
pleas, village and township clerks, and other authorized agents 713
designated by the chief of the division of wildlife after those 714
persons have given. WHEN REQUIRED BY THE CHIEF, A CLERK OR AGENT 715
SHALL GIVE bond in the manner provided by the chief. All bonds, 716
reports, except records prescribed by the auditor of state, and 717
moneys received by those persons shall be handled under rules 718
adopted by the director of natural resources. 719
The premium of any fidelity bond prescribed under section 721
9.832 of the Revised Code or of any bond prescribed by the chief 722
under this section may be paid by the chief. Any person who is 723
designated and authorized by the chief to issue licenses, STAMPS, 725
and permits as provided in this section, except the clerk of the 726
court of common pleas and the village and township clerks, shall 727
pay to the chief a premium in an amount that represents his THE 728
PERSON'S portion of the premium paid by the chief under this 729
section, which amount shall be established by the chief and 730
approved by the wildlife council created under section 1531.03 of 731
the Revised Code. The chief shall pay all moneys that he THE 732
CHIEF receives as premiums under this section into the state 733
treasury to the credit of the wildlife fund created under section 734
1531.17 of the Revised Code. 735
Every authorized agent, for the purpose of issuing hunting 737
and fishing licenses, deer and wild turkey permits, and fur taker 738
permits, may administer oaths to and take affidavits from 739
applicants for the licenses or permits when required. An 740
18
authorized agent may appoint deputies to perform any acts that he 741
THE AGENT is authorized to perform, consistent with DIVISION 742
rules of the director. 744
Every applicant for a hunting or fishing license, deer or 746
wild turkey permit, or fur taker permit, UNLESS OTHERWISE 747
PROVIDED BY DIVISION RULE, shall make and subscribe an affidavit 749
setting forth his THE APPLICANT'S name, age, weight, height, 750
occupation, place of residence, personal description, and 751
citizenship. The clerk or other agent authorized to issue 752
licenses and permits shall charge each applicant a fee of one 753
dollar for taking the affidavit and issuing the license or 754
permit. The application, license, permit, and other blanks 755
required by this section shall be prepared and furnished by the 756
chief. The blanks shall be of different color each year and, in 757
such form as the chief provides, to the clerk or other agent 758
authorized to issue them. The licenses and permits shall be 759
issued to applicants by the clerk or other agent. The record of 760
licenses and permits kept by the clerk and other authorized 761
agents shall be uniform throughout the state and in such form or 762
manner as the auditor of state prescribes and shall be open at 763
all reasonable hours to the inspection of any person. Each 764
UNLESS OTHERWISE PROVIDED BY DIVISION RULE, EACH hunting license, 766
deer or wild turkey permit, and fur taker permit issued shall 767
remain in force until midnight of the thirty-first day of August 768
next ensuing. Application for any such license or permit may be 769
made and a license or permit issued prior to the date upon which 770
it becomes effective.
THE CHIEF MAY REQUIRE AN APPLICANT WHO WISHES TO PURCHASE A 772
LICENSE, STAMP, OR PERMIT BY MAIL OR TELEPHONE TO PAY A NOMINAL 773
FEE FOR POSTAGE AND HANDLING.
The court before whom a violator of any laws or division 775
rules for the protection of wild animals is tried, as a part of 776
the punishment, shall revoke the license, STAMP, or permit of any 778
person convicted. The license, STAMP, or permit fee paid by that 780
19
person shall not be returned to the person. The person shall not 781
procure or use any other license, STAMP, or permit or engage in 782
hunting wild animals or trapping fur-bearing animals during the 784
period of revocation as ordered by the court. 785
No person under sixteen years of age shall engage in 787
hunting unless accompanied by his THE PERSON'S parent or another 788
adult person. 789
Sec. 1533.14. No UNLESS OTHERWISE PROVIDED BY DIVISION 798
RULE, NO hunting license OR WETLANDS HABITAT STAMP is 799
transferable and no hunter shall carry a hunting license OR 800
WETLANDS HABITAT STAMP that was issued in the name of another 802
person or that does not contain the signature of the agent 803
issuing it.
Every person, while hunting or trapping on the lands of 805
another, shall carry his THE PERSON'S hunting license with him ON 807
THE PERSON'S OWN SELF and exhibit it to any wildlife officer, 808
constable, sheriff, deputy sheriff, or police officer, to the 809
owner or person in lawful control of the land upon which he THE 810
PERSON is hunting or trapping, or to any other person. Failure 812
to so carry or exhibit such a license constitutes an offense 813
under this section. Every person, while hunting or trapping on 814
the lands of another, shall wear on the back of his outer 815
garment, between his shoulders, a tag bearing his hunting license 817
number in figures easily visible and legible and at least one 819
inch in height. The tag shall be furnished free of charge to 820
every licensee on the issuance of his license and shall be 822
prepared and furnished annually by the division of wildlife. 823
Failure to wear the tag issued for the license then in effect 824
while hunting or trapping constitutes an offense under this 825
section. This chapter and Chapter 1531. of the Revised Code do 826
not allow any person to hunt or trap on any land without the
written consent of the owner thereof. 827
Such a license entitles a nonresident to take with him from 829
this state game birds or game quadrupeds killed and possessed by 830
20
him THE NONRESIDENT as provided by law or division rule. 831
Sec. 1533.15. The EXCEPT AS PROVIDED BY DIVISION RULE, THE 840
clerks and other agents authorized to issue hunting and fishing 842
licenses, deer and wild turkey permits, and fur taker permits 843
shall issue them in consecutive order of their numbers as stamped 844
on the upper left corner of each license or permit with the date 845
and exact time of day of issuance plainly written thereon and 846
shall keep a record of the licenses and permits issued, together 847
with the names and addresses of the persons to whom the licenses 848
and permits were issued. No license or permit sold in conformity 849
with sections 1533.10, 1533.11, 1533.111, and 1533.32 of the 850
Revised Code shall show any date and hour of issuance prior to 851
the actual date and hour when the license or permit was issued to 852
the applicant, and any violation of this requirement is an 853
offense by both the purchaser of the falsely dated license or 854
permit and the clerk or agent who issued it. A falsely dated 855
license or permit immediately is void, and in any hearing before 856
any court having jurisdiction, it shall be construed that no 857
license or permit was issued.
Such THE clerks and other agents shall transmit with their 859
reports to the director of natural resources, or another person 860
authorized to receive them, all the moneys received as license 861
and permit fees and may include the amounts paid to the clerks 862
and other agents as their fees. 863
Moneys received as fees under sections 1533.10 and 1533.111 865
of the Revised Code shall be paid into the state treasury to the 866
credit of the wildlife fund, which shall be exclusively for the 867
use of the department of natural resources in the education of 868
hunters and trappers, for the purchase, management, preservation, 869
propagation, protection, and stocking of wild birds and wild 870
quadrupeds, for establishing and purchasing or otherwise 871
acquiring title to lands for game preservation, propagation, and 872
protection, and for public hunting grounds under rules to be 873
adopted by the chief of the division of wildlife. The chief may 874
21
employ on such lands one or more game management agents and 875
wildlife officers at such salary and with such duties as he THE 876
CHIEF prescribes for improving habitat for wild birds and wild 878
quadrupeds and for all phases of game management, propagation, 879
and protection, including the necessary biological 880
investigations, for printing summarized game laws and the 881
division of wildlife lawbook, and for printing such educational 882
leaflets, pamphlets, and books and promoting such educational, 883
survey, and research activities pertaining to the management, 884
preservation, propagation, and protection of wild animals as are 885
approved by the chief and as provided in this chapter and Chapter 886
1531. of the Revised Code. 887
The department shall not spend more than thirty-five per 889
cent of this fund for administration and enforcement. 890
No moneys derived from hunting licenses, deer or wild 892
turkey permits, and fur taker permits shall be spent for other 893
than hunting and trapping purposes, as defined in this section 894
and sections 1533.11 and 1533.111 of the Revised Code. 895
The wildlife fund shall be reimbursed, as provided in this 897
section, for the cost of hunting and fishing licenses, permits, 898
and stamps required to be issued free of charge pursuant to rules 899
adopted under division (B) of section 1533.12 of the Revised 900
Code. The chief shall compile data on the number, type, and 901
amount of fees that would have been collected for the licenses, 902
permits, and stamps if they were not issued free of charge. The 903
chief shall certify the amount of foregone revenue for the 904
previous fiscal year for the free licenses, permits, and stamps 905
to the director of budget and management. Beginning with the 906
amount for fiscal year 1992, the director shall transfer the 907
lesser of one million dollars per year or the amount so certified 908
from the general revenue fund to the wildlife fund, by intrastate 909
transfer voucher. 910
No person, on any lands acquired and set aside for wild 912
animal management, preservation, propagation, and protection or 913
22
public hunting grounds having plainly marked boundaries, or with 914
knowledge that such lands are so acquired and set aside, shall 915
take, hunt or trap, kill, or pursue any wild animal on such 916
lands, except as provided by law or division rules. No person 917
shall enter upon such lands or lands held by the state for 918
purposes of reforestation with intent to cut growing timber on 919
any such lands or otherwise commit waste thereon. Hunting may be 920
engaged in on lands set aside for purposes of reforestation as 921
provided by division rules and approved by the division of 922
forestry. 923
Sec. 1533.32. Except as provided in this section or 932
division (A) or (C) of section 1533.12 of the Revised Code, no 933
person, including nonresidents, shall take or catch any fish by 934
angling in any of the waters in the state or engage in fishing in 935
those waters without a license. No person shall take or catch 936
frogs or turtles, or mussels for bait purposes, without a valid 937
fishing license, except as provided in this section. Persons 938
fishing in privately owned ponds, lakes, or reservoirs to or from 939
which fish are not accustomed to migrate are exempt from the 940
license requirements set forth in this section. Persons fishing 941
in privately owned ponds, lakes, or reservoirs that are open to 942
public fishing through an agreement or lease with the division of 943
wildlife shall comply with the license requirements set forth in 944
this section. 945
The fee FOR AN ANNUAL LICENSE shall be twenty-three dollars 947
for a resident of a state that is not a party to an agreement 949
under section 1533.91 of the Revised Code. The fee FOR AN ANNUAL 950
LICENSE shall be fourteen dollars for a resident of a state that 952
is a party to such an agreement. The fee FOR AN ANNUAL LICENSE 953
for residents of this state shall be fourteen dollars, unless the 955
rules adopted under division (B) of section 1533.12 of the
Revised Code provide for issuance of a resident fishing license 956
to the applicant free of charge. Any 957
ANY person under the age of sixteen years may take or catch 960
23
frogs and turtles, and mussels for bait purposes, and take or 961
catch fish by angling without a license. Any resident of this 962
state sixty-six years of age or older may take or catch frogs and 963
turtles, and mussels for bait purposes, without a license. The 964
THE chief of the division of wildlife may issue a tourist's 967
license expiring three days from the effective date of the 968
license to a resident of a state that is not a party to an 969
agreement under section 1533.91 of the Revised Code, the. THE 970
fee for which A TOURIST'S LICENSE shall be fourteen dollars. 971
Each year's 972
THE CHIEF SHALL ADOPT RULES UNDER SECTION 1531.10 OF THE 975
REVISED CODE PROVIDING FOR THE ISSUANCE OF A ONE-DAY FISHING 976
LICENSE TO A RESIDENT OF THIS STATE OR OF ANY OTHER STATE. THE 977
FEE FOR SUCH A LICENSE SHALL BE FORTY PER CENT OF THE AMOUNT 978
ESTABLISHED UNDER THIS SECTION FOR A TOURIST'S LICENSE, ROUNDED 979
UP TO THE NEAREST WHOLE DOLLAR. A ONE-DAY FISHING LICENSE SHALL 980
ALLOW THE HOLDER TO TAKE OR CATCH FISH BY ANGLING IN THE WATERS 981
IN THE STATE, ENGAGE IN FISHING IN THOSE WATERS, OR TAKE OR CATCH 982
FROGS OR TURTLES IN THOSE WATERS FOR ONE DAY WITHOUT OBTAINING AN 983
ANNUAL LICENSE OR A TOURIST'S LICENSE UNDER THIS SECTION. AT THE 985
REQUEST OF A HOLDER OF A ONE-DAY FISHING LICENSE WHO WISHES TO 986
OBTAIN AN ANNUAL LICENSE, A CLERK OR AGENT AUTHORIZED TO ISSUE 987
LICENSES UNDER SECTION 1533.13 OF THE REVISED CODE, NOT LATER 989
THAN THE LAST DAY ON WHICH THE ONE-DAY LICENSE WOULD BE VALID IF 990
IT WERE AN ANNUAL LICENSE, SHALL CREDIT THE AMOUNT OF THE FEE 991
PAID FOR THE ONE-DAY LICENSE TOWARD THE FEE CHARGED FOR THE 992
ANNUAL LICENSE. THE CLERK OR AGENT SHALL ISSUE THE ANNUAL 993
LICENSE UPON PRESENTATION OF THE ONE-DAY LICENSE AND PAYMENT OF A 994
FEE IN AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE FEE FOR THE 995
ANNUAL LICENSE AND THE FEE FOR THE ONE-DAY LICENSE. 996
A FEE OF ONE DOLLAR FOR EACH LICENSE ISSUED UNDER THIS 998
SECTION SHALL BE PAID TO THE ISSUING CLERK OR AGENT IN ACCORDANCE 1,000
WITH SECTION 1533.13 OF THE REVISED CODE. 1,002
UNLESS OTHERWISE PROVIDED BY DIVISION RULE, EACH ANNUAL 1,004
24
license shall begin on the first day of March of the current year 1,006
and expire on the last day of February of the following year. 1,007
No person shall alter a fishing license or possess a 1,009
fishing license that has been altered. 1,010
No person shall procure or attempt to procure a fishing 1,012
license by fraud, deceit, misrepresentation, or any false 1,013
statement. 1,014
Owners of land over, through, upon, or along which any 1,016
water flows or stands, except where the land is in or borders on 1,017
state parks or state-owned lakes, together with the members of 1,018
the immediate families of such owners, may take frogs and 1,020
turtles, and mussels for bait purposes, and may take or catch
fish of the kind permitted to be taken or caught therefrom 1,021
without procuring the A license provided for in this section. 1,022
This exemption extends to tenants actually residing upon such 1,024
lands and to the members of the immediate families of the 1,025
tenants. Residents of state or county institutions, charitable 1,026
institutions, and military homes in this state may take frogs and 1,027
turtles, and mussels for bait purposes, without procuring the 1,028
required license, provided that a member of the institution or 1,029
home has an identification card, which shall be carried on his 1,030
THAT person when fishing. 1,032
Every fisherman FISHER required to be licensed, while 1,034
fishing, or taking or attempting to take frogs or turtles, or 1,035
mussels for bait purposes, shall carry his THE license and 1,036
exhibit it to any person. Failure to so carry and exhibit such 1,038
THE license constitutes an offense under this section. 1,040
Notwithstanding the fees otherwise prescribed in this 1,042
section, prior to March 1, 1995, the license fee for a resident 1,044
of this state shall be eleven dollars, unless the rules adopted 1,046
under division (B) of section 1533.12 of the Revised Code provide 1,047
for the issuance of a resident fishing license to the applicant
free of charge; the license fee for a resident of another state 1,049
that is a party to an agreement under section 1533.91 of the 1,050
25
Revised Code shall be eleven dollars; the license fee for a 1,051
resident of a state that is not a party to such an agreement 1,053
shall be eighteen dollars; and the fee for a tourist's license 1,054
issued to a resident of a state that is not a party to such an
agreement shall be eleven dollars. 1,055
Sec. 1533.324. No person shall take MUSSELS or sell 1,064
mussels, except for bait purposes as provided in section 1533.32 1,065
of the Revised Code, without first obtaining an annual mussel 1,066
taking permit from the chief of the division of wildlife. The 1,067
fee for such permit shall be five dollars for residents of the 1,068
state and ten dollars for nonresidents. 1,069
No person shall use a crow foot bar in taking or attempting 1,071
to take mussels without first obtaining an annual crow foot bar 1,072
permit from the chief of the division of wildlife. The fee for 1,073
such permit shall be twenty-five dollars for residents of the 1,074
state and one hundred dollars for nonresidents. 1,075
"Crow foot bar" as used in this section means a bar made of 1,077
any material bearing a series of hooks designed to catch or 1,078
adapted for catching mussels by insertion of such hooks between 1,079
the shells of mussels. 1,080
No person shall buy mussels for resale, or commercial 1,082
processing, or manufacturing purposes without first obtaining an 1,083
annual commercial mussel buyer permit from the chief of the 1,084
division of wildlife. The fee for such permit shall be one 1,085
hundred dollars for residents of the state and three hundred 1,086
dollars for nonresidents. 1,087
Every person, while engaging in buying, selling, taking, or 1,089
attempting to take mussels, shall carry and exhibit the permit 1,090
which applies to his operation to any person upon request. 1,092
Failure to carry and exhibit such permit constitutes an offense 1,093
under this section. 1,094
All permits mentioned in this section shall expire at 1,096
midnight on the thirty-first day of December of each year. 1,097
Failure to obtain a required permit constitutes an offense under 1,098
26
this section. The application, permits, and reports required by 1,099
this section shall be in such form as the chief prescribes. 1,100
Each person having a mussel taking permit or a crow foot 1,102
bar permit shall submit an operation report by not later than the 1,103
fifteenth day of each month to the chief of the division of 1,104
wildlife. Said report shall show pounds of mussels collected, 1,105
water area where collected, pounds sold, and selling price per 1,106
unit of sale. Each commercial mussel buyer shall submit a report 1,107
not later than the first day of February of each year of the 1,108
pounds of mussels and shells purchased in the previous year. 1,109
Falsifying or failure to submit such reports authorizes the chief 1,110
of the division of wildlife to deny future permits. 1,111
The chief shall pay all moneys received as fees for permits 1,113
under this section into the state treasury to the credit of the 1,114
fund created by section 1533.33 of the Revised Code TAKEN IN THIS 1,115
STATE. 1,116
Section 2. That existing sections 1531.01, 1533.10, 1,118
1533.101, 1533.11, 1533.111, 1533.112, 1533.13, 1533.14, 1533.15, 1,119
1533.32, and 1533.324 of the Revised Code are hereby repealed. 1,121
Section 3. Section 1531.01 of the Revised Code is 1,123
presented in this act as a composite of the section as amended by 1,124
both Am. H.B. 287 and Am. Sub. S.B. 182 of the 120th General 1,125
Assembly, with the new language of neither of the acts shown in 1,127
capital letters. Sections 1533.10, 1533.11, and 1533.111 of the 1,128
Revised Code are presented in this act as composites of the 1,131
sections as amended by both Sub. H.B. 715 and Am. Sub. S.B. 182 1,132
of the 120th General Assembly, with the new language of neither 1,135
of the acts shown in capital letters. This is in recognition of 1,137
the principle stated in division (B) of section 1.52 of the 1,138
Revised Code that such amendments are to be harmonized where not 1,139
substantively irreconcilable and constitutes a legislative 1,140
finding that such is the resulting version in effect prior to the 1,141
effective date of this act.