As Passed by the Senate 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
HODGES-BUCHY-OGG-FORD-CAREY-CALLENDER-BRADING-CLANCY-NETZLEY- 10
BATCHELDER-METELSKY-MEAD-BENDER-BOGGS-MASON-TAYLOR-PRENTISS- 11
MILLER-THOMPSON-VERICH-SAWYER-SALERNO-SENATORS LATTA-GARDNER- 12
BLESSING-KEARNS-GAETH-DiDONATO-HAGAN-DIX 13
15
A B I L L
To amend sections 1531.01, 1533.10, 1533.101, 17
1533.11, 1533.111, 1533.112, 1533.13, 1533.14, 18
1533.15, 1533.32, and 1533.324 of the Revised 19
Code to require the Chief of the Division of 20
Wildlife in the Department of Natural Resources 21
to adopt rules providing for the issuance of 22
one-day fishing licenses; to authorize certain 23
provisions governing hunting and fishing 24
licenses, wetlands habitat stamps, deer or wild 26
turkey permits, and fur taker permits to be 27
changed by rule; to increase the fee for 28
reissuance of a lost, destroyed, or stolen 29
hunting or fishing license, deer or wild turkey 30
permit, or fur taker permit, and to allow license 31
agents, in addition to clerks of courts of common 32
pleas, to reissue such licenses and permits if 34
the Chief authorizes it; to eliminate the 35
requirement that a hunter or trapper wear a tag 36
on the back of the hunter's or trapper's outer 37
garment; and to prohibit the taking of mussels 39
or the sale of mussels taken in this state. 40
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 1531.01, 1533.10, 1533.101, 44
1533.11, 1533.111, 1533.112, 1533.13, 1533.14, 1533.15, 1533.32, 46
and 1533.324 of the Revised Code be amended to read as follows: 48
Sec. 1531.01. As used in this chapter and Chapter 1533. of 56
the Revised Code: 57
(A) "Person" means individual, company, partnership, 59
corporation, municipal corporation, association, or any 60
combination of individuals, or any employee, agent, or officer 61
thereof. 62
(B) "Resident" means any individual who has resided in 64
this state for not less than six months next preceding the date 65
of making application for a license. 66
(C) "Nonresident" means any individual who does not 68
qualify as a resident. 69
(D) "Division rule" or "rule" means any rule adopted by 72
the chief of the division of wildlife under section 1531.10 of 73
the Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which 75
the taking of wild animals protected by this chapter and Chapter 76
1533. of the Revised Code is prohibited. 77
(F) "Open season" means that period of time during which 79
the taking of wild animals protected by this chapter and Chapter 80
1533. of the Revised Code is permitted. 82
(G) "Take or taking" includes pursuing, shooting, hunting, 84
killing, trapping, angling, fishing with a trotline, or netting 85
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, 86
wild bird, or wild quadruped, and any lesser act, such as 87
wounding, or placing, setting, drawing, or using any other device 88
for killing or capturing any wild animal, whether it results in 89
killing or capturing the animal or not. "Take or taking" 90
includes every attempt to kill or capture and every act of 91
assistance to any other person in killing or capturing or 92
attempting to kill or capture a wild animal. 93
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(H) "Possession" means both actual and constructive 95
possession and any control of things referred to. 96
(I) "Bag limit" means the number, measurement, or weight 98
of any kind of clams, mussels, crayfish, aquatic insects, fish, 99
frogs, turtles, wild birds, and wild quadrupeds permitted to be 100
taken. 101
(J) "Transport and transportation" means carrying or 103
moving or causing to be carried or moved. 104
(K) "Sell and sale" means barter, exchange, or offer or 106
expose for sale. 107
(L) "Whole to include part" means that every provision 109
relating to any wild animal protected by this chapter and Chapter 110
1533. of the Revised Code applies to any part thereof with the 111
same effect as it applies to the whole. 112
(M) "Angling" means fishing with not more than two hand 114
lines, not more than two units of rod and line, or a combination 115
of not more than one hand line and one rod and line, either in 116
hand or under control at any time while fishing. The hand line 117
or rod and line shall have attached to it not more than three 118
baited hooks, not more than three artificial fly rod lures, or 119
one artificial bait casting lure equipped with not more than 120
three sets of three hooks each. 121
(N) "Trotline" means a device for catching fish that 123
consists of a line having suspended from it, at frequent 124
intervals, vertical lines with hooks attached. 125
(O) "Fish" means a cold-blooded vertebrate having fins. 127
(P) "Measurement of fish" means length from the end of the 129
nose to the longest tip or end of the tail. 130
(Q) "Wild birds" includes game birds and nongame birds. 132
(R) "Game" includes game birds, game quadrupeds, and 134
fur-bearing animals. 135
(S) "Game birds" includes mourning doves, pheasants, 137
quail, ruffed grouse, sharp-tailed grouse, pinnated grouse, wild 138
turkey, Hungarian partridge, Chukar partridge, woodcocks, 139
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black-breasted plover, golden plover, Wilson's snipe or 140
jacksnipe, greater and lesser yellowlegs, rail, coots, 141
gallinules, duck, geese, brant, and crows. 142
(T) "Nongame birds" includes all other wild birds not 144
included and defined as game birds. 145
(U) "Wild quadrupeds" includes game quadrupeds and 147
fur-bearing animals. 148
(V) "Game quadrupeds" includes hares or rabbits, gray 150
squirrels, black squirrels, fox squirrels, red squirrels, 151
groundhogs or woodchucks, deer, wild boar, and bears. 152
(W) "Fur-bearing animals" includes minks, weasels, 154
raccoons, skunks, opossums, muskrats, fox, beavers, badgers, 155
otters, coyotes, and bobcats. 156
(X) "Wild animals" includes mollusks, crustaceans, aquatic 158
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, 159
and all other wild mammals. 160
(Y) "Hunting" means pursuing, shooting, killing, following 162
after or on the trail of, lying in wait for, shooting at, or 163
wounding wild birds or wild quadrupeds while employing any device 164
commonly used to kill or wound wild birds or wild quadrupeds 165
whether or not the acts result in killing or wounding. "Hunting" 166
includes every attempt to kill or wound and every act of 167
assistance to any other person in killing or wounding or 168
attempting to kill or wound wild birds or wild quadrupeds. 169
(Z) "Trapping" means securing or attempting to secure 171
possession of a wild bird or wild quadruped by means of setting, 172
placing, drawing, or using any device that is designed to close 173
upon, hold fast, confine, or otherwise capture a wild bird or 174
wild quadruped whether or not the means results in capture. 175
"Trapping" includes every act of assistance to any other person 176
in capturing wild birds or wild quadrupeds by means of the device 177
whether or not the means results in capture. 178
(AA) "Muskrat spear" means any device used in spearing 180
muskrats. 181
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(BB) "Channels and passages" means those narrow bodies of 183
water lying between islands or between an island and the mainland 184
in Lake Erie. 185
(CC) "Island" means a rock or land elevation above the 187
waters of Lake Erie having an area of five or more acres above 188
water. 189
(DD) "Reef" means an elevation of rock, either broken or 191
in place, or gravel shown by the latest United States chart to be 192
above the common level of the surrounding bottom of the lake, 193
other than the rock bottom, or in place forming the base or 194
foundation rock of an island or mainland and sloping from the 195
shore thereof. "Reef" also means all elevations shown by that 196
chart to be above the common level of the sloping base or 197
foundation rock of an island or mainland, whether running from 198
the shore of an island or parallel with the contour of the shore 199
of an island or in any other way and whether formed by rock, 200
broken or in place, or from gravel. 201
(EE) "Fur farm" means any area used exclusively for 203
raising fur-bearing animals or in addition thereto used for 204
hunting game, the boundaries of which are plainly marked as such. 205
(FF) "Waters" includes any lake, pond, reservoir, stream, 207
channel, lagoon, or other body of water, or any part thereof, 208
whether natural or artificial. 209
(GG) "Crib" or "car" refers to that particular compartment 211
of the net from which the fish are taken when the net is lifted. 212
(HH) "Commercial fish" means those species of fish 214
permitted to be taken, possessed, bought, or sold unless 215
otherwise restricted by the Revised Code or division rule and are 217
alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), 218
bowfin (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), 219
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus 220
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead 221
(Ictalurus natalis), brown bullheads (Ictalurus nebulosus), 222
channel catfish (Ictalurus punctatus), flathead catfish 223
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(Pylodictis olivaris), whitefish (Coregonus sp.), cisco 224
(Coregonus sp.), freshwater drum or sheepshead (Aplodinotus 225
grunniens), gar (Lepisosteus sp.), gizzard shad (Dorosoma 226
cepedianum), goldfish (Carassius auratus), lake trout (Salvelinus 227
namaycush), mooneye (Hiodon tergisus), quillback (Carpiodes 228
cyprinus), smelt (Allosmerus elongatus, Hypomesus sp., Osmerus 229
sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus 230
sp.), sucker other than buffalo and quillback (Carpiodes sp., 231
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), 232
white bass (Morone chrysops), white perch (Roccus americanus), 233
and yellow perch (Perca flavescens). When the common name of a 234
fish is used in this chapter or Chapter 1533. of the Revised 235
Code, it refers to the fish designated by the scientific name in 236
this definition.
(II) "Fishing" means taking or attempting to take fish by 238
any method, and all other acts such as placing, setting, drawing, 239
or using any device commonly used to take fish whether resulting 240
in a taking or not. 241
(JJ) "Fillet" means the pieces of flesh taken or cut from 243
both sides of a fish, joined to form one piece of flesh. 244
(KK) "Part fillet" means a piece of flesh taken or cut 246
from one side of a fish. 247
(LL) "Round" when used in describing fish means with head 249
and tail intact. 250
(MM) "Migrate" means the transit or movement of fish to or 252
from one place to another as a result of natural forces or 253
instinct and includes, but is not limited to, movement of fish 254
induced or caused by changes in the water flow. 255
(NN) "Spreader bar" means a brail or rigid bar placed 257
across the entire width of the back, at the top and bottom of the 258
cars in all trap, crib, and fyke nets for the purpose of keeping 259
the meshes hanging squarely while the nets are fishing. 260
(OO) "Fishing guide" means any person who, for 262
consideration or hire, operates a boat, rents, leases, or 263
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otherwise furnishes angling devices, ice fishing shanties or 264
shelters of any kind, or other fishing equipment, and 265
accompanies, guides, directs, or assists any other person in 266
order for the other person to engage in fishing. 267
(PP) "Net" means fishing devices with meshes composed of 269
twine or synthetic material and includes, but is not limited to, 270
trap nets, fyke nets, crib nets, carp aprons, dip nets, and 271
seines, except minnow seines and minnow dip nets. 272
(QQ) "Commercial fishing gear" means seines, trap nets, 274
fyke nets, dip nets, carp aprons, trotlines, other similar gear, 275
and any boat used in conjunction with that gear, but does not 276
include gill nets. 277
(RR) "Native wildlife" means any species of the animal 279
kingdom indigenous to this state. 280
(SS) "Gill net" means a single section of fabric or 282
netting seamed to a float line at the top and a lead line at the 283
bottom, which is designed to entangle fish in the net openings as 284
they swim into it. 285
(TT) "Small game" includes pheasants, quail, ruffed 287
grouse, sharp-tailed grouse, pinnated grouse, Hungarian 288
partridge, Chukar partridge, woodcocks, black-breasted plover, 289
golden plover, Wilson's snipe or jacksnipe, greater and lesser 290
yellowlegs, rail, coot, gallinules, ducks, geese, brant, crows, 291
rabbits, gray squirrels, black squirrels, fox squirrels, red 292
squirrels, and groundhogs or woodchucks. 293
(UU) "Tag fishing tournament" means a contest in which a 295
participant pays a fee, or gives other valuable consideration, 296
for a chance to win a prize by virtue of catching a tagged or 297
otherwise specifically marked fish within a limited period of 298
time, but does not include a scheme of chance conducted under 299
division (D)(1) of section 2915.02 of the Revised Code. 300
(VV) "Tenant" means an individual who resides on land for 302
which he THE INDIVIDUAL pays rent and whose annual income is 303
primarily derived from agricultural production conducted on that 304
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land, as "agricultural production" is defined in section 929.01 305
of the Revised Code.
(WW) "Nonnative wildlife" means any wild animal not 307
indigenous to this state.
The chief shall not establish a season for the hunting of 309
mourning doves that opens prior to the fifteenth day of September 310
of any year.
Sec. 1533.10. Except as provided in this section or 318
division (A) of section 1533.12 of the Revised Code, no person 319
shall hunt any wild bird or wild quadruped without a hunting 320
license. Each day that any person hunts within the state without 321
procuring such a license constitutes a separate offense. Every 322
applicant for a hunting license who is a resident of the state 323
and age sixteen or over shall procure a resident hunting license, 324
the fee for which shall be fourteen dollars, unless the rules 325
adopted under division (B) of section 1533.12 of the Revised Code 326
provide for issuance of a resident hunting license to the 327
applicant free of charge. Every applicant who is a resident of 328
the state and under the age of sixteen years shall procure a 329
special youth hunting license, the fee for which shall be 330
one-half of the regular hunting license fee. The owner and the 331
children of the owner of lands in the state may hunt thereon 332
without a hunting license. The tenant or manager and children of 333
the tenant or manager, residing on lands in the state, may hunt 334
thereon without a hunting license. Every applicant for a hunting 335
license who is a nonresident of the state shall procure a 336
nonresident hunting license, the fee for which shall be ninety 337
dollars, unless the applicant is a resident of a state that is a 338
party to an agreement under section 1533.91 of the Revised Code, 339
in which case the fee shall be fourteen dollars. 340
The chief of the division of wildlife may issue a tourist's 342
small game hunting license expiring three days from the effective 343
date of the license to a nonresident of the state, the fee for 344
which shall be twenty-four dollars. No person shall take or 345
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possess any animal that is not small game while possessing only a 346
tourist's small game hunting license. A tourist's small game 347
hunting license does not authorize the taking or possessing of 348
ducks, geese, or brant without having obtained, in addition to 349
the tourist's small game hunting license, a wetlands habitat 350
stamp as provided in section 1533.112 of the Revised Code. 351
No person shall procure or attempt to procure a hunting 353
license by fraud, deceit, misrepresentation, or any false 354
statement. 355
This section does not authorize the taking and possessing 357
of deer or wild turkeys without first having obtained, in 358
addition to the hunting license required by this section, a 359
special deer or wild turkey permit as provided in section 1533.11 360
of the Revised Code or the taking and possessing of ducks, geese, 361
or brant without first having obtained, in addition to the 362
hunting license required by this section, a wetlands habitat 363
stamp as provided in section 1533.112 of the Revised Code. 364
This section does not authorize the hunting or trapping of 366
fur-bearing animals without first having obtained, in addition to 367
a hunting license required by this section, a fur taker permit as 368
provided in section 1533.111 of the Revised Code. 369
No hunting license shall be issued unless the applicant 371
presents to the agent authorized to issue the license a 372
previously held hunting license or evidence of having held such a 373
license in content and manner approved by the chief, a 374
certificate of completion issued upon completion of a hunter 375
education and conservation course approved by the chief, or 376
evidence of equivalent training in content and manner approved by 377
the chief. 378
No person shall issue a hunting license to any person who 380
fails to present the evidence required by this section. No 381
person shall purchase or obtain a hunting license without 382
presenting to the issuing agent the evidence required by this 383
section. Issuance of a hunting license in violation of the 384
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requirements of this section is an offense by both the purchaser 385
of the illegally obtained hunting license and the clerk or agent 386
who issued the hunting license. Any hunting license issued in 387
violation of this section is void. 388
The chief, with approval of the wildlife council, shall 390
adopt rules prescribing a hunter education and conservation 391
course for first-time hunting license buyers and for volunteer 392
instructors. The course shall consist of subjects including, but 393
not limited to, hunter safety and health, use of hunting 394
implements, hunting tradition and ethics, the hunter and 395
conservation, and the law relating to hunting. Authorized 396
personnel of the division or volunteer instructors approved by 397
the chief shall conduct such courses with such frequency and at 398
such locations throughout the state as to reasonably meet the 399
needs of license applicants. The chief shall issue a certificate 400
of completion to each person who successfully completes the 401
course and passes an examination prescribed by the chief. 402
Notwithstanding the fees otherwise prescribed in this 404
section, prior to September 1, 1994, the fee for a resident 405
hunting license shall be eleven dollars, unless the rules adopted 406
under division (B) of section 1533.12 of the Revised Code provide 407
for the issuance of a resident hunting license to the applicant 408
free of charge; the fee for a special youth hunting license shall 409
be six dollars; the fee for a nonresident hunting license shall 410
be eighty dollars, unless the applicant is a resident of a state 411
that is a party to an agreement under section 1533.91 of the 412
Revised Code; the fee for a nonresident hunting license shall be 413
eleven dollars if the applicant is a resident of a state that is 414
a party to such an agreement; and the fee for a tourist's small 415
game hunting license shall be twenty dollars. 416
Sec. 1533.101. Any person who has been issued a hunting or 425
fishing license, A WETLANDS HABITAT STAMP, a deer or wild turkey 426
permit, or a fur taker permit for the current license, STAMP, or 428
permit year or for the license, STAMP, or permit year next 430
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preceding the current such year pursuant to this chapter, and if 431
the license, STAMP, or permit has been lost, destroyed, or 433
stolen, may be issued a reissued hunting or fishing license, 434
WETLANDS HABITAT STAMP, deer or wild turkey permit, or fur taker 435
permit. The person shall file with the clerk of the court of 436
common pleas an application in affidavit form OR, IF THE CHIEF OF 437
THE DIVISION OF WILDLIFE AUTHORIZES IT, APPLY FOR A REISSUED 438
LICENSE, STAMP, OR PERMIT TO AN AUTHORIZED AGENT DESIGNATED BY 439
THE CHIEF, and pay a fee for each license, STAMP, or permit of 441
one dollar TWO DOLLARS plus one dollar to the clerk OR AGENT, who 442
shall issue a reissued license, STAMP, or permit that shall allow 443
the applicant to hunt, fish, or trap, as the case may be. The 445
clerk OR AGENT shall administer the oath to the applicant and 446
shall send a copy of the reissued license, STAMP, or permit to 447
the division of wildlife. 448
All moneys received as fees for the issuance of reissued 450
licenses, STAMPS, or permits shall be transmitted to the director 452
of natural resources to be paid into the state treasury to the 453
credit of the funds to which the fees for the original licenses, 454
STAMPS, and permits were credited. 456
No person shall knowingly or willfully secure, attempt to 458
secure, or use a reissued hunting or fishing license, WETLANDS 459
HABITAT STAMP, deer or wild turkey permit, or fur taker permit to 461
which he THE PERSON is not entitled. No person shall knowingly 462
or willfully issue a reissued hunting or fishing license, 463
WETLANDS HABITAT STAMP, deer or wild turkey permit, or fur taker 465
permit under this section to any person who is not entitled to 466
receive and use such a reissued license, STAMP, or permit. 467
Sec. 1533.11. (A) Except as provided in this section, no 476
person shall hunt deer on lands of another without first 477
obtaining an annual special deer permit. Except as provided in 478
this section, no person shall hunt wild turkeys on lands of 479
another without first obtaining an annual special wild turkey 480
permit. Each applicant for a special deer or wild turkey permit 481
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shall pay an annual fee of nineteen dollars for each permit, 482
together with one dollar as a fee to the clerk or other issuing 483
agent, for the permit unless the rules adopted under division (B) 484
of section 1533.12 of the Revised Code provide for issuance of a 485
deer or wild turkey permit to the applicant free of charge. 486
Except as provided in division (A) of section 1533.12 of the 487
Revised Code, a deer or wild turkey permit shall run concurrently 488
with the hunting license. The money received, other than the 490
one-dollar fee provided for above, shall be paid into the state
treasury to the credit of the wildlife fund, created in section 491
1531.17 of the Revised Code, exclusively for the use of the 492
division of wildlife in the acquisition and development of land 493
for deer or wild turkey management, for investigating deer or 494
wild turkey problems, and for the stocking, management, and 495
protection of deer or wild turkey. Every person, while hunting 496
deer or wild turkey on lands of another, shall carry his THE 497
PERSON'S special deer or wild turkey permit with him and exhibit 498
it to any enforcement officer so requesting. Failure to so carry 499
and exhibit such a permit constitutes an offense under this 500
section. The chief of the division of wildlife shall adopt any 501
additional rules he THE CHIEF considers necessary to carry out 502
this section and section 1533.10 of the Revised Code. 503
The owner and the children of the owner of lands in this 505
state may hunt deer or wild turkey thereon without a special deer 506
or wild turkey permit. The tenant or manager and children of the 507
tenant or manager may hunt deer or wild turkey on lands where 508
they reside without a special deer or wild turkey permit. 509
(B) A special deer or wild turkey permit is not 511
transferable. No person shall carry a special deer or wild 512
turkey permit issued in the name of another person. 513
(C) The wildlife refunds fund is hereby created in the 515
state treasury. The fund shall consist of money received from 516
application fees for special deer permits that are not issued. 517
Money in the fund shall be used to make refunds of such 518
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application fees. 519
(D) Notwithstanding the fees otherwise prescribed in this 521
section, prior to September 1, 1994, the annual fee for a special 522
deer or wild turkey permit shall be fifteen dollars for each 523
permit, together with one dollar as a fee to the clerk or other 524
issuing agent, for the permit, unless the rules adopted under 525
division (B) of section 1533.12 of the Revised Code provide for 526
the issuance of a deer or wild turkey permit to the applicant 527
free of charge. 528
Sec. 1533.111. Except as provided in this section or 537
division (A) of section 1533.12 of the Revised Code, no person 538
shall hunt or trap fur-bearing animals on land of another without 539
first obtaining an annual fur taker permit. Each applicant for a 540
fur taker permit shall pay an annual fee of ten dollars, together 541
with one dollar as a fee to the clerk or other issuing agent, for 542
the permit, except as otherwise provided in this section or 543
unless the rules adopted under division (B) of section 1533.12 of 544
the Revised Code provide for issuance of a fur taker permit to 545
the applicant free of charge. Each applicant who is a resident 546
of the state and under the age of sixteen years shall procure a 547
special youth fur taker permit, the fee for which shall be 548
one-half of the regular fur taker permit fee and which shall be 549
paid together with one dollar as a fee to the clerk or other 550
issuing agent. The fur taker permit shall run concurrently with 551
the hunting license. The money received, other than the one- 552
dollar fee provided for in this section, shall be paid into the 553
state treasury to the credit of the fund established in section 554
1533.15 of the Revised Code. 555
No fur taker permit shall be issued unless the applicant 557
presents to the agent authorized to issue a fur taker permit a 558
previously held hunting license or trapping or fur taker permit 559
or evidence of having held such a license or permit in content 560
and manner approved by the chief of the division of wildlife, a 561
certificate of completion issued upon completion of a trapper 562
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education course approved by the chief, or evidence of equivalent 563
training in content and manner approved by the chief. 564
No person shall issue a fur taker permit to any person who 566
fails to present the evidence required by this section. No 567
person shall purchase or obtain a fur taker permit without 568
presenting to the issuing agent the evidence required by this 569
section. Issuance of a fur taker permit in violation of the 570
requirements of this section is an offense by both the purchaser 571
of the illegally obtained permit and the clerk or agent who 572
issued the permit. Any fur taker permit issued in violation of 573
this section is void. 574
The chief, with approval of the wildlife council, shall 576
adopt rules prescribing a trapper education course for first-time 577
fur taker permit buyers and for volunteer instructors. The 578
course shall consist of subjects that include, but are not 579
limited to, trapping techniques, animal habits and 580
identification, trapping tradition and ethics, the trapper and 581
conservation, and the law relating to trapping. Authorized 582
personnel of the division of wildlife or volunteer instructors 583
approved by the chief shall conduct the courses with such 584
frequency and at such locations throughout the state as to 585
reasonably meet the needs of permit applicants. The chief shall 586
issue a certificate of completion to each person who successfully 587
completes the course and passes an examination prescribed by the 588
chief. 589
Every person, while hunting or trapping fur-bearing animals 592
on lands of another, shall carry his THE PERSON'S fur taker 593
permit affixed to his THE PERSON'S hunting license with his THE 594
PERSON'S signature written across the face of the permit. 595
Failure to carry such a signed permit constitutes an offense 596
under this section. The chief shall adopt any additional rules 597
he THE CHIEF considers necessary to carry out this section. 598
The owner and the children of the owner of lands in this 600
state may hunt or trap fur-bearing animals thereon without a fur 601
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taker permit. The tenant or manager and children of the tenant 602
or manager may hunt or trap fur-bearing animals on lands where 604
they reside without a fur taker permit.
A fur taker permit is not transferable. No person shall 606
carry a fur taker permit issued in the name of another person. 607
A fur taker permit entitles a nonresident to take with him 609
from this state fur-bearing animals taken and possessed by him 610
THE NONRESIDENT as provided by law or division rule. 611
Notwithstanding the fees otherwise prescribed in this 613
section, prior to September 1, 1994, the fee for an annual 614
trapping permit shall be eight dollars, together with one dollar 616
as a fee to the clerk or other issuing agent, for the permit, 617
unless the rules adopted under division (B) of section 1533.12 of 618
the Revised Code provide for the issuance of a trapping permit to 619
the applicant free of charge, and the fee for a special youth 620
trapping permit shall be four dollars, together with one dollar 621
as a fee to the clerk or other issuing agent. 622
Sec. 1533.112. Except as provided in this section OR 632
UNLESS OTHERWISE PROVIDED BY DIVISION RULE, no person shall hunt 633
ducks, geese, or brant on the lands of another without first 634
obtaining an annual wetlands habitat stamp. The annual fee for 635
the wetlands habitat stamp shall be ten dollars for each stamp, 636
together with one dollar as a fee to the clerk or other issuing 637
agent, unless the rules adopted under division (B) of section 638
1533.12 provide for issuance of a wetlands habitat stamp to the 639
applicant free of charge.
Moneys received from the stamp fee, other than the one- 641
dollar clerk's fee, shall be paid into the state treasury to the 642
credit of the wetlands habitat fund, which is hereby established. 643
Moneys shall be paid from the fund on the order of the director 644
of natural resources for the following purposes: 645
(A) Sixty per cent for projects that the division approves 647
for the acquisition, development, management, or preservation of 648
waterfowl areas within the state; 649
16
(B) Forty per cent for contribution by the division to an 651
appropriate nonprofit organization for the acquisition, 652
development, management, or preservation of lands and waters 653
within Canada that provide or will provide habitat for waterfowl 654
with migration routes that cross this state. 655
No moneys derived from the issuance of wetlands habitat 657
stamps shall be spent for purposes other than those specified by 658
this section. All investment earnings of the fund shall be 659
credited to the fund. 660
Wetlands habitat stamps shall be furnished by AND IN A FORM 662
PRESCRIBED BY the chief of the division of wildlife and issued by 664
clerks and other agents authorized to issue licenses and permits 665
under section 1533.13 of the Revised Code. The record of stamps 666
kept by the clerks and other agents shall be uniform throughout 667
the state, in such form or manner as the director prescribes, and 668
open at all reasonable hours to the inspection of any person. 669
Each UNLESS OTHERWISE PROVIDED BY RULE, EACH stamp shall remain 671
in force until midnight of the thirty-first day of August next 672
ensuing. Wetlands habitat stamps may be issued in any manner to 673
any person on any date, whether or not that date is within the 674
period in which they are effective. 675
Every person to whom this section applies, while hunting 677
ducks, geese, or brant, shall carry an unexpired wetlands habitat 678
stamp that is validated by his THE PERSON'S signature written on 679
the stamp in ink and shall exhibit the stamp to any enforcement 681
officer so requesting. No person shall fail to carry and exhibit 682
his THE PERSON'S stamp. 683
A wetlands habitat stamp is not transferable. 685
The chief shall establish a procedure to obtain subject 687
matter to be printed on the wetlands habitat stamp and shall use, 688
dispose of, or distribute the subject matter as he THE CHIEF 689
considers necessary. The chief ALSO shall also make orders ADOPT 691
RULES necessary to administer this section. 693
This section does not apply to persons under sixteen years 695
17
of age nor to persons exempted from procuring a hunting license 696
under section 1533.10 or division (A) of section 1533.12 of the 697
Revised Code. 698
Notwithstanding the fees otherwise prescribed in this 700
section, prior to September 1, 1994, the annual fee for a 701
wetlands habitat stamp shall be eight dollars for each stamp, 702
together with one dollar as a fee to the clerk or other issuing 703
agent, unless the rules adopted under division (B) of section
1533.12 of the Revised Code provide for the issuance of a 704
wetlands habitat stamp to the applicant free of charge. 705
Sec. 1533.13. Hunting and fishing licenses, WETLANDS 714
HABITAT STAMPS, deer and wild turkey permits, and fur taker 716
permits shall be issued by the clerk of the court of common 717
pleas, village and township clerks, and other authorized agents 718
designated by the chief of the division of wildlife after those 719
persons have given. WHEN REQUIRED BY THE CHIEF, A CLERK OR AGENT 720
SHALL GIVE bond in the manner provided by the chief. All bonds, 721
reports, except records prescribed by the auditor of state, and 722
moneys received by those persons shall be handled under rules 723
adopted by the director of natural resources. 724
The premium of any fidelity bond prescribed under section 726
9.832 of the Revised Code or of any bond prescribed by the chief 727
under this section may be paid by the chief. Any person who is 728
designated and authorized by the chief to issue licenses, STAMPS, 730
and permits as provided in this section, except the clerk of the 731
court of common pleas and the village and township clerks, shall 732
pay to the chief a premium in an amount that represents his THE 733
PERSON'S portion of the premium paid by the chief under this 734
section, which amount shall be established by the chief and 735
approved by the wildlife council created under section 1531.03 of 736
the Revised Code. The chief shall pay all moneys that he THE 737
CHIEF receives as premiums under this section into the state 738
treasury to the credit of the wildlife fund created under section 739
1531.17 of the Revised Code. 740
18
Every authorized agent, for the purpose of issuing hunting 742
and fishing licenses, deer and wild turkey permits, and fur taker 743
permits, may administer oaths to and take affidavits from 744
applicants for the licenses or permits when required. An 745
authorized agent may appoint deputies to perform any acts that he 746
THE AGENT is authorized to perform, consistent with DIVISION 747
rules of the director. 749
Every applicant for a hunting or fishing license, deer or 751
wild turkey permit, or fur taker permit, UNLESS OTHERWISE 752
PROVIDED BY DIVISION RULE, shall make and subscribe an affidavit 754
setting forth his THE APPLICANT'S name, age, weight, height, 755
occupation, place of residence, personal description, and 756
citizenship. The clerk or other agent authorized to issue 757
licenses and permits shall charge each applicant a fee of one 758
dollar for taking the affidavit and issuing the license or 759
permit. The application, license, permit, and other blanks 760
required by this section shall be prepared and furnished by the 761
chief. The blanks shall be of different color each year and, in 762
such form as the chief provides, to the clerk or other agent 763
authorized to issue them. The licenses and permits shall be 764
issued to applicants by the clerk or other agent. The record of 765
licenses and permits kept by the clerk and other authorized 766
agents shall be uniform throughout the state and in such form or 767
manner as the auditor of state prescribes and shall be open at 768
all reasonable hours to the inspection of any person. Each 769
UNLESS OTHERWISE PROVIDED BY DIVISION RULE, EACH hunting license, 771
deer or wild turkey permit, and fur taker permit issued shall 772
remain in force until midnight of the thirty-first day of August 773
next ensuing. Application for any such license or permit may be 774
made and a license or permit issued prior to the date upon which 775
it becomes effective.
THE CHIEF MAY REQUIRE AN APPLICANT WHO WISHES TO PURCHASE A 777
LICENSE, STAMP, OR PERMIT BY MAIL OR TELEPHONE TO PAY A NOMINAL 778
FEE FOR POSTAGE AND HANDLING.
19
The court before whom a violator of any laws or division 780
rules for the protection of wild animals is tried, as a part of 781
the punishment, shall revoke the license, STAMP, or permit of any 783
person convicted. The license, STAMP, or permit fee paid by that 785
person shall not be returned to the person. The person shall not 786
procure or use any other license, STAMP, or permit or engage in 787
hunting wild animals or trapping fur-bearing animals during the 789
period of revocation as ordered by the court. 790
No person under sixteen years of age shall engage in 792
hunting unless accompanied by his THE PERSON'S parent or another 793
adult person. 794
Sec. 1533.14. No UNLESS OTHERWISE PROVIDED BY DIVISION 803
RULE, NO hunting license OR WETLANDS HABITAT STAMP is 804
transferable and no hunter shall carry a hunting license OR 805
WETLANDS HABITAT STAMP that was issued in the name of another 807
person or that does not contain the signature of the agent 808
issuing it.
Every person, while hunting or trapping on the lands of 810
another, shall carry his THE PERSON'S hunting license with him ON 812
THE PERSON'S OWN SELF and exhibit it to any wildlife officer, 813
constable, sheriff, deputy sheriff, or police officer, to the 814
owner or person in lawful control of the land upon which he THE 815
PERSON is hunting or trapping, or to any other person. Failure 817
to so carry or exhibit such a license constitutes an offense 818
under this section. Every person, while hunting or trapping on 819
the lands of another, shall wear on the back of his outer 820
garment, between his shoulders, a tag bearing his hunting license 822
number in figures easily visible and legible and at least one 824
inch in height. The tag shall be furnished free of charge to 825
every licensee on the issuance of his license and shall be 827
prepared and furnished annually by the division of wildlife. 828
Failure to wear the tag issued for the license then in effect 829
while hunting or trapping constitutes an offense under this 830
section. This chapter and Chapter 1531. of the Revised Code do 831
20
not allow any person to hunt or trap on any land without the
written consent of the owner thereof. 832
Such a license entitles a nonresident to take with him from 834
this state game birds or game quadrupeds killed and possessed by 835
him THE NONRESIDENT as provided by law or division rule. 836
Sec. 1533.15. The EXCEPT AS PROVIDED BY DIVISION RULE, THE 845
clerks and other agents authorized to issue hunting and fishing 847
licenses, deer and wild turkey permits, and fur taker permits 848
shall issue them in consecutive order of their numbers as stamped 849
on the upper left corner of each license or permit with the date 850
and exact time of day of issuance plainly written thereon and 851
shall keep a record of the licenses and permits issued, together 852
with the names and addresses of the persons to whom the licenses 853
and permits were issued. No license or permit sold in conformity 854
with sections 1533.10, 1533.11, 1533.111, and 1533.32 of the 855
Revised Code shall show any date and hour of issuance prior to 856
the actual date and hour when the license or permit was issued to 857
the applicant, and any violation of this requirement is an 858
offense by both the purchaser of the falsely dated license or 859
permit and the clerk or agent who issued it. A falsely dated 860
license or permit immediately is void, and in any hearing before 861
any court having jurisdiction, it shall be construed that no 862
license or permit was issued.
Such THE clerks and other agents shall transmit with their 864
reports to the director of natural resources, or another person 865
authorized to receive them, all the moneys received as license 866
and permit fees and may include the amounts paid to the clerks 867
and other agents as their fees. 868
Moneys received as fees under sections 1533.10 and 1533.111 870
of the Revised Code shall be paid into the state treasury to the 871
credit of the wildlife fund, which shall be exclusively for the 872
use of the department of natural resources in the education of 873
hunters and trappers, for the purchase, management, preservation, 874
propagation, protection, and stocking of wild birds and wild 875
21
quadrupeds, for establishing and purchasing or otherwise 876
acquiring title to lands for game preservation, propagation, and 877
protection, and for public hunting grounds under rules to be 878
adopted by the chief of the division of wildlife. The chief may 879
employ on such lands one or more game management agents and 880
wildlife officers at such salary and with such duties as he THE 881
CHIEF prescribes for improving habitat for wild birds and wild 883
quadrupeds and for all phases of game management, propagation, 884
and protection, including the necessary biological 885
investigations, for printing summarized game laws and the 886
division of wildlife lawbook, and for printing such educational 887
leaflets, pamphlets, and books and promoting such educational, 888
survey, and research activities pertaining to the management, 889
preservation, propagation, and protection of wild animals as are 890
approved by the chief and as provided in this chapter and Chapter 891
1531. of the Revised Code. 892
The department shall not spend more than thirty-five per 894
cent of this fund for administration and enforcement. 895
No moneys derived from hunting licenses, deer or wild 897
turkey permits, and fur taker permits shall be spent for other 898
than hunting and trapping purposes, as defined in this section 899
and sections 1533.11 and 1533.111 of the Revised Code. 900
The wildlife fund shall be reimbursed, as provided in this 902
section, for the cost of hunting and fishing licenses, permits, 903
and stamps required to be issued free of charge pursuant to rules 904
adopted under division (B) of section 1533.12 of the Revised 905
Code. The chief shall compile data on the number, type, and 906
amount of fees that would have been collected for the licenses, 907
permits, and stamps if they were not issued free of charge. The 908
chief shall certify the amount of foregone revenue for the 909
previous fiscal year for the free licenses, permits, and stamps 910
to the director of budget and management. Beginning with the 911
amount for fiscal year 1992, the director shall transfer the 912
lesser of one million dollars per year or the amount so certified 913
22
from the general revenue fund to the wildlife fund, by intrastate 914
transfer voucher. 915
No person, on any lands acquired and set aside for wild 917
animal management, preservation, propagation, and protection or 918
public hunting grounds having plainly marked boundaries, or with 919
knowledge that such lands are so acquired and set aside, shall 920
take, hunt or trap, kill, or pursue any wild animal on such 921
lands, except as provided by law or division rules. No person 922
shall enter upon such lands or lands held by the state for 923
purposes of reforestation with intent to cut growing timber on 924
any such lands or otherwise commit waste thereon. Hunting may be 925
engaged in on lands set aside for purposes of reforestation as 926
provided by division rules and approved by the division of 927
forestry. 928
Sec. 1533.32. Except as provided in this section or 937
division (A) or (C) of section 1533.12 of the Revised Code, no 938
person, including nonresidents, shall take or catch any fish by 939
angling in any of the waters in the state or engage in fishing in 940
those waters without a license. No person shall take or catch 941
frogs or turtles, or mussels for bait purposes, without a valid 942
fishing license, except as provided in this section. Persons 943
fishing in privately owned ponds, lakes, or reservoirs to or from 944
which fish are not accustomed to migrate are exempt from the 945
license requirements set forth in this section. Persons fishing 946
in privately owned ponds, lakes, or reservoirs that are open to 947
public fishing through an agreement or lease with the division of 948
wildlife shall comply with the license requirements set forth in 949
this section. 950
The fee FOR AN ANNUAL LICENSE shall be twenty-three dollars 952
for a resident of a state that is not a party to an agreement 954
under section 1533.91 of the Revised Code. The fee FOR AN ANNUAL 955
LICENSE shall be fourteen dollars for a resident of a state that 957
is a party to such an agreement. The fee FOR AN ANNUAL LICENSE 958
for residents of this state shall be fourteen dollars, unless the 960
23
rules adopted under division (B) of section 1533.12 of the
Revised Code provide for issuance of a resident fishing license 961
to the applicant free of charge. Any 962
ANY person under the age of sixteen years may take or catch 965
frogs and turtles, and mussels for bait purposes, and take or 966
catch fish by angling without a license. Any resident of this 967
state sixty-six years of age or older may take or catch frogs and 968
turtles, and mussels for bait purposes, without a license. The 969
THE chief of the division of wildlife may issue a tourist's 972
license expiring three days from the effective date of the 973
license to a resident of a state that is not a party to an 974
agreement under section 1533.91 of the Revised Code, the. THE 975
fee for which A TOURIST'S LICENSE shall be fourteen dollars. 976
Each year's 977
THE CHIEF SHALL ADOPT RULES UNDER SECTION 1531.10 OF THE 980
REVISED CODE PROVIDING FOR THE ISSUANCE OF A ONE-DAY FISHING 981
LICENSE TO A RESIDENT OF THIS STATE OR OF ANY OTHER STATE. THE 982
FEE FOR SUCH A LICENSE SHALL BE FORTY PER CENT OF THE AMOUNT 983
ESTABLISHED UNDER THIS SECTION FOR A TOURIST'S LICENSE, ROUNDED 984
UP TO THE NEAREST WHOLE DOLLAR. A ONE-DAY FISHING LICENSE SHALL 985
ALLOW THE HOLDER TO TAKE OR CATCH FISH BY ANGLING IN THE WATERS 986
IN THE STATE, ENGAGE IN FISHING IN THOSE WATERS, OR TAKE OR CATCH 987
FROGS OR TURTLES IN THOSE WATERS FOR ONE DAY WITHOUT OBTAINING AN 988
ANNUAL LICENSE OR A TOURIST'S LICENSE UNDER THIS SECTION. AT THE 990
REQUEST OF A HOLDER OF A ONE-DAY FISHING LICENSE WHO WISHES TO 991
OBTAIN AN ANNUAL LICENSE, A CLERK OR AGENT AUTHORIZED TO ISSUE 992
LICENSES UNDER SECTION 1533.13 OF THE REVISED CODE, NOT LATER 994
THAN THE LAST DAY ON WHICH THE ONE-DAY LICENSE WOULD BE VALID IF 995
IT WERE AN ANNUAL LICENSE, SHALL CREDIT THE AMOUNT OF THE FEE 996
PAID FOR THE ONE-DAY LICENSE TOWARD THE FEE CHARGED FOR THE 997
ANNUAL LICENSE IF SO AUTHORIZED BY THE CHIEF. THE CLERK OR AGENT 999
SHALL ISSUE THE ANNUAL LICENSE UPON PRESENTATION OF THE ONE-DAY 1,000
LICENSE AND PAYMENT OF A FEE IN AN AMOUNT EQUAL TO THE DIFFERENCE 1,001
BETWEEN THE FEE FOR THE ANNUAL LICENSE AND THE FEE FOR THE 1,002
24
ONE-DAY LICENSE.
A FEE OF ONE DOLLAR FOR EACH LICENSE ISSUED UNDER THIS 1,004
SECTION SHALL BE PAID TO THE ISSUING CLERK OR AGENT IN ACCORDANCE 1,006
WITH SECTION 1533.13 OF THE REVISED CODE. 1,008
UNLESS OTHERWISE PROVIDED BY DIVISION RULE, EACH ANNUAL 1,010
license shall begin on the first day of March of the current year 1,012
and expire on the last day of February of the following year. 1,013
No person shall alter a fishing license or possess a 1,015
fishing license that has been altered. 1,016
No person shall procure or attempt to procure a fishing 1,018
license by fraud, deceit, misrepresentation, or any false 1,019
statement. 1,020
Owners of land over, through, upon, or along which any 1,022
water flows or stands, except where the land is in or borders on 1,023
state parks or state-owned lakes, together with the members of 1,024
the immediate families of such owners, may take frogs and 1,026
turtles, and mussels for bait purposes, and may take or catch
fish of the kind permitted to be taken or caught therefrom 1,027
without procuring the A license provided for in this section. 1,028
This exemption extends to tenants actually residing upon such 1,030
lands and to the members of the immediate families of the 1,031
tenants. Residents of state or county institutions, charitable 1,032
institutions, and military homes in this state may take frogs and 1,033
turtles, and mussels for bait purposes, without procuring the 1,034
required license, provided that a member of the institution or 1,035
home has an identification card, which shall be carried on his 1,036
THAT person when fishing. 1,038
Every fisherman FISHER required to be licensed, while 1,040
fishing, or taking or attempting to take frogs or turtles, or 1,042
mussels for bait purposes, shall carry his THE license and 1,043
exhibit it to any person. Failure to so carry and exhibit such 1,045
THE license constitutes an offense under this section. 1,047
Notwithstanding the fees otherwise prescribed in this 1,049
section, prior to March 1, 1995, the license fee for a resident 1,051
25
of this state shall be eleven dollars, unless the rules adopted 1,053
under division (B) of section 1533.12 of the Revised Code provide 1,054
for the issuance of a resident fishing license to the applicant
free of charge; the license fee for a resident of another state 1,056
that is a party to an agreement under section 1533.91 of the 1,057
Revised Code shall be eleven dollars; the license fee for a 1,058
resident of a state that is not a party to such an agreement 1,060
shall be eighteen dollars; and the fee for a tourist's license 1,061
issued to a resident of a state that is not a party to such an
agreement shall be eleven dollars. 1,062
Sec. 1533.324. No person shall take MUSSELS or sell 1,071
mussels, except for bait purposes as provided in section 1533.32 1,072
of the Revised Code, without first obtaining an annual mussel 1,073
taking permit from the chief of the division of wildlife. The 1,074
fee for such permit shall be five dollars for residents of the 1,075
state and ten dollars for nonresidents. 1,076
No person shall use a crow foot bar in taking or attempting 1,078
to take mussels without first obtaining an annual crow foot bar 1,079
permit from the chief of the division of wildlife. The fee for 1,080
such permit shall be twenty-five dollars for residents of the 1,081
state and one hundred dollars for nonresidents. 1,082
"Crow foot bar" as used in this section means a bar made of 1,084
any material bearing a series of hooks designed to catch or 1,085
adapted for catching mussels by insertion of such hooks between 1,086
the shells of mussels. 1,087
No person shall buy mussels for resale, or commercial 1,089
processing, or manufacturing purposes without first obtaining an 1,090
annual commercial mussel buyer permit from the chief of the 1,091
division of wildlife. The fee for such permit shall be one 1,092
hundred dollars for residents of the state and three hundred 1,093
dollars for nonresidents. 1,094
Every person, while engaging in buying, selling, taking, or 1,096
attempting to take mussels, shall carry and exhibit the permit 1,097
which applies to his operation to any person upon request. 1,099
26
Failure to carry and exhibit such permit constitutes an offense 1,100
under this section. 1,101
All permits mentioned in this section shall expire at 1,103
midnight on the thirty-first day of December of each year. 1,104
Failure to obtain a required permit constitutes an offense under 1,105
this section. The application, permits, and reports required by 1,106
this section shall be in such form as the chief prescribes. 1,107
Each person having a mussel taking permit or a crow foot 1,109
bar permit shall submit an operation report by not later than the 1,110
fifteenth day of each month to the chief of the division of 1,111
wildlife. Said report shall show pounds of mussels collected, 1,112
water area where collected, pounds sold, and selling price per 1,113
unit of sale. Each commercial mussel buyer shall submit a report 1,114
not later than the first day of February of each year of the 1,115
pounds of mussels and shells purchased in the previous year. 1,116
Falsifying or failure to submit such reports authorizes the chief 1,117
of the division of wildlife to deny future permits. 1,118
The chief shall pay all moneys received as fees for permits 1,120
under this section into the state treasury to the credit of the 1,121
fund created by section 1533.33 of the Revised Code TAKEN IN THIS 1,122
STATE. 1,123
Section 2. That existing sections 1531.01, 1533.10, 1,125
1533.101, 1533.11, 1533.111, 1533.112, 1533.13, 1533.14, 1533.15, 1,126
1533.32, and 1533.324 of the Revised Code are hereby repealed. 1,128
Section 3. Section 1531.01 of the Revised Code is 1,130
presented in this act as a composite of the section as amended by 1,131
both Am. H.B. 287 and Am. Sub. S.B. 182 of the 120th General 1,132
Assembly, with the new language of neither of the acts shown in 1,134
capital letters. Sections 1533.10, 1533.11, and 1533.111 of the 1,135
Revised Code are presented in this act as composites of the 1,138
sections as amended by both Sub. H.B. 715 and Am. Sub. S.B. 182 1,139
of the 120th General Assembly, with the new language of neither 1,142
of the acts shown in capital letters. This is in recognition of 1,144
the principle stated in division (B) of section 1.52 of the 1,145
27
Revised Code that such amendments are to be harmonized where not 1,146
substantively irreconcilable and constitutes a legislative 1,147
finding that such is the resulting version in effect prior to the 1,148
effective date of this act.