As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 103 5
1997-1998 6
SENATORS GARDNER-LATTA-WATTS 8
10
A B I L L
To amend sections 1531.02, 1531.08, 1533.05, 12
1533.07, 1533.10, 1533.111, 1533.17, 1533.66, 13
1533.68, and 1533.99 of the Revised Code to 14
permit hunting on any day during open season, to
make changes in the penalty applying to violation 16
of the prohibition against trespassing while
hunting or trapping, to require that the 17
prohibition be explained to hunters and trappers, 18
to provide immunity from liability to owners of
land upon which a violation of the prohibition 19
occurs, and to maintain the provisions of this 20
act on and after March 4, 1998, by amending the 21
version of section 1531.08 of the Revised Code 22
that takes effect on that date. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 1531.02, 1531.08, 1533.05, 26
1533.07, 1533.10, 1533.111, 1533.17, 1533.66, 1533.68, and 27
1533.99 of the Revised Code be amended to read as follows: 28
Sec. 1531.02. The ownership of and the title to all wild 39
animals in this state, not legally confined or held by private 40
ownership legally acquired, is in the state, which holds such 41
title in trust for the benefit of all the people. Individual 42
possession shall be obtained only in accordance with the Revised 43
Code or division rules. No person at any time of the year shall 45
take in any manner or possess any number or quantity of wild 46
animals, except such wild animals as THAT the Revised Code or 48
2
division rules permit to be taken, hunted, killed, or had in 49
possession, and only at such THE time and place, and in such THE 50
manner, as THAT the Revised Code or division rules prescribe. No 52
person shall buy, sell, or offer any part of wild animals for 53
sale, or transport any part of wild animals, except as permitted 54
by the Revised Code or division rules. No person shall possess 55
or transport a wild animal which THAT has been taken unlawfully 56
outside the state. 57
A person doing anything prohibited or neglecting to do 59
anything required by this chapter or Chapter 1533. of the Revised 60
Code or contrary to any division rule violates this section. A 61
person who counsels, aids, shields, or harbors an offender under 62
such chapters or any division rule, or who knowingly shares in 63
the proceeds of such a violation, or receives or possesses any 64
wild animal in violation of the Revised Code or division rule, 65
violates this section. No person shall hunt a wild bird or wild 66
quadruped, except coyotes, fox, groundhogs, or migratory 67
waterfowl as defined in the "Migratory Bird Hunting Stamp Act," 68
48 Stat. 452 (1934), 16 U.S.C.A. 718, as amended, and except as 69
provided in sections 1533.73 and 1533.731 of the Revised Code, on 70
Sunday or use a rifle, at any time, in taking migratory game 71
birds.
Sec. 1531.08. In conformity with Section 36 of Article II, 82
Ohio Constitution, providing for the passage of laws for the 83
conservation of the natural resources of the state, including 84
streams, lakes, submerged lands, and swamplands, and in 85
conformity with this chapter and Chapter 1533. of the Revised 86
Code, the chief of the division of wildlife has authority and 87
control in all matters pertaining to the protection, 88
preservation, propagation, possession, and management of wild 89
animals and may adopt rules under section 1531.10 of the Revised 90
Code for the management of wild animals. Notwithstanding 91
division (B) of section 119.03 of the Revised Code, such rules in 92
proposed form shall be filed under this section. Each year there 93
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shall be a public fish hearing and public game hearing. The 94
results of the investigation and public hearing shall be filed in 95
the office of the chief and shall be kept open for public 96
inspection during all regular office hours. Modifying or 97
rescinding such rules does not require a public hearing. 98
The chief may adopt, amend, rescind, and enforce rules 101
throughout the state or in any part or waters thereof as provided 102
by sections 1531.08 to 1531.12 and other sections of the Revised 103
Code. The rules shall be filed in proposed form and available at 104
the central wildlife office in Columbus and at each of the 105
wildlife district offices, including the Lake Erie unit located 106
at Sandusky, at least thirty days prior to the date of the 107
hearing required by division (C) of section 119.03 of the Revised 108
Code. The rules shall be based upon a public hearing and 109
investigation of the best available biological information
derived from professionally accepted practices in wildlife and 110
fisheries management.
Each rule adopted under this section shall clearly and 112
distinctly describe and set forth the waters or area or part 114
thereof affected by the rule and whether the rule is applicable 115
to all wild animals or only to certain kinds of species 116
designated therein.
The chief may regulate any of the following: 118
(A) Taking and possessing wild animals, at any time and 120
place or in any number, quantity, or length, and in any manner, 121
and with such devices as he THE CHIEF prescribes, EXCEPT THAT THE 123
CHIEF SHALL NOT PROHIBIT HUNTING DURING OPEN SEASON ON ANY
PARTICULAR DAY OF THE WEEK; 124
(B) Transportation of such animals or any part thereof; 126
(C) Buying, selling, offering for sale, or exposing for 128
sale any such animal or part thereof; 129
(D) Taking, possessing, transporting, buying, selling, 131
offering for sale, and exposing for sale commercial fish or any 132
part thereof, including species taken, length, weight, method of 133
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taking, mesh sizes, specifications of nets and other fishing 134
devices, seasons, and time and place of taking. 135
When the chief increases the size of a fish named in 137
section 1533.63 of the Revised Code, any fish that were legally 138
taken, caught, or possessed prior to the increase may be 139
possessed after the increase if the possession of the fish has 140
been reported to the chief prior to the increase, but on or after 141
the date of the increase the fish may not be sold to a buyer in 142
this state. 143
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL MARCH 4, 1998. 145
Sec. 1533.05. (A) As used in this section and section 158
1533.051 of the Revised Code, "raptor" means a live migratory 159
bird of the family Falconidae or of the family Accipitridae other 160
than a bald eagle (Haliaeetus leucocephalus). 161
(B) The chief of the division of wildlife may authorize 163
the taking, possession, and transportation of raptors for use in 164
the sport of falconry by rules adopted pursuant to section 165
1531.08 of the Revised Code. The rules shall be consistent with 166
federal regulations governing raptors and may authorize the 167
taking of game by the use of raptors, including taking with a 168
trained raptor and a dog, EXCEPT THAT NO RULE SHALL PROHIBIT A 169
PERSON ENGAGED IN THE SPORT OF FALCONRY FROM PERMITTING THE 170
PERSON'S RAPTOR TO TAKE GAME DURING OPEN SEASON ON ANY PARTICULAR 171
DAY OF THE WEEK.
The chief, by rules adopted pursuant to section 1531.08 of 173
the Revised Code, may do all BOTH of the following: 174
(1) Notwithstanding any other rule governing the taking of 176
quail, authorize a person engaged in the sport of falconry to 177
permit his THE PERSON'S raptor to take quail; 179
(2) Notwithstanding section 1531.02 of the Revised Code, 181
authorize a person engaged in the sport of falconry to permit his 182
raptor to take game on Sunday within legal seasons; 183
(3) Authorize special falconry seasons; 185
(4) Notwithstanding section 1533.07 of the Revised Code, 187
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authorize a person engaged in the sport of falconry to possess 188
and to permit his raptor to take European starlings, English 190
sparrows, and common pigeons, other than homing pigeons, at any 191
time. 192
(C) No person shall take, possess, or transport a raptor 194
for use in the sport of falconry or shall practice falconry 195
without a permit to do so issued by the chief. The duration of 196
the permit shall be consistent with applicable federal 197
requirements. The chief may require a separate permit for the 198
taking of raptors. 199
The fees for permits shall be set by the chief in amounts 201
sufficient to cover the expenses of the division OF WILDLIFE in 202
exercising its authority under this section and may vary 204
according to class and type of permit. Moneys received from the 205
sale of permits shall be paid into the state treasury to the 206
credit of the fund established in section 1533.15 of the Revised 207
Code.
An applicant for a permit shall present a valid hunting 209
license issued to him THE APPLICANT for the current license year 210
under section 1533.13 of the Revised Code and shall maintain a 211
valid and current hunting license thereafter while taking or 212
attempting to take game or raptors to be used for falconry 213
purposes. A permit issued under this section is not 214
transferable. No person shall carry a permit issued in the name 215
of another person.
(D) Every person, while engaged in falconry on the lands 218
of another, shall carry the permit issued to him THE PERSON under 219
this section together with a valid hunting license issued to him 220
THE PERSON for the current license year under section 1533.13 of 221
the Revised Code and shall exhibit the permit and license to any
law enforcement officer requesting to see them. 223
(E) Notwithstanding any other provision of this section, 225
of any rule adopted by the chief governing falconry, or of any 226
federal regulation governing raptors, no person shall take or 227
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disturb for the purpose of falconry the nest of a wild raptor or 228
any young raptor in the wild that is not yet capable of flight 229
except in such situations, and under the direct supervision of a 230
wildlife officer, where the nest otherwise would be destroyed or 231
the raptor would not survive. 232
Sec. 1533.07. No person shall catch, kill, injure, pursue, 243
or have in his THE PERSON'S possession, either dead or alive, or 244
purchase, expose for sale, transport, or ship to a point within 245
or without the state, or receive or deliver for transportation 246
any bird other than a game bird, or have in his THE PERSON'S 247
possession any part of the plumage, skin, or body of any bird 248
other than a game bird, except as permitted in Chapters CHAPTER 250
1531. and 1533. THIS CHAPTER of the Revised Code, or disturb or 252
destroy the eggs, nest, or young of such a bird.
This section does not prohibit the lawful taking, killing, 254
pursuing, or possession of any game bird during the open season 255
for such THE bird. Hawks or owls causing damage to domestic 256
animals or fowl may be killed by the owner of the domestic animal 258
or fowl while such THE damage is occurring. Bald or golden 259
eagles and ospreys shall not be killed or possessed at any time, 260
except that eagles or ospreys may be possessed for educational 261
purposes by governmental or municipal zoological parks, museums, 262
and scientific or educational institutions. European starlings, 263
English sparrows, and common pigeons, other than homing pigeons, 264
may be killed at any time, except Sunday, and their nests or eggs 265
may be destroyed, at any time. Blackbirds may be killed at any 266
time, except Sunday, when doing damage to grain or other property 267
or when they become a nuisance. 268
Each bird or any part thereof taken or had in possession 270
contrary to this section constitutes a separate offense. 271
Sec. 1533.10. Except as provided in this section or 279
division (A) of section 1533.12 of the Revised Code, no person 280
shall hunt any wild bird or wild quadruped without a hunting 281
license. Each day that any person hunts within the state without 282
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procuring such a license constitutes a separate offense. Every 283
applicant for a hunting license who is a resident of the state 284
and age sixteen or over shall procure a resident hunting license, 285
the fee for which shall be fourteen dollars, unless the rules 286
adopted under division (B) of section 1533.12 of the Revised Code 287
provide for issuance of a resident hunting license to the 288
applicant free of charge. Every applicant who is a resident of 289
the state and under the age of sixteen years shall procure a 290
special youth hunting license, the fee for which shall be 291
one-half of the regular hunting license fee. The owner and the 292
children of the owner of lands in the state may hunt thereon 293
without a hunting license. The tenant or manager and children of 294
the tenant or manager, residing on lands in the state, may hunt 295
thereon without a hunting license. Every applicant for a hunting 296
license who is a nonresident of the state shall procure a 297
nonresident hunting license, the fee for which shall be ninety 298
dollars, unless the applicant is a resident of a state that is a 299
party to an agreement under section 1533.91 of the Revised Code, 300
in which case the fee shall be fourteen dollars. 301
The chief of the division of wildlife may issue a tourist's 303
small game hunting license expiring three days from the effective 304
date of the license to a nonresident of the state, the fee for 305
which shall be twenty-four dollars. No person shall take or 306
possess any animal that is not small game while possessing only a 307
tourist's small game hunting license. A tourist's small game 308
hunting license does not authorize the taking or possessing of 309
ducks, geese, or brant without having obtained, in addition to 310
the tourist's small game hunting license, a wetlands habitat 311
stamp as provided in section 1533.112 of the Revised Code. 312
No person shall procure or attempt to procure a hunting 314
license by fraud, deceit, misrepresentation, or any false 315
statement. 316
This section does not authorize the taking and possessing 318
of deer or wild turkeys without first having obtained, in 319
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addition to the hunting license required by this section, a 320
special deer or wild turkey permit as provided in section 1533.11 321
of the Revised Code or the taking and possessing of ducks, geese, 322
or brant without first having obtained, in addition to the 323
hunting license required by this section, a wetlands habitat 324
stamp as provided in section 1533.112 of the Revised Code. 325
This section does not authorize the hunting or trapping of 327
fur-bearing animals without first having obtained, in addition to 328
a hunting license required by this section, a fur taker permit as 329
provided in section 1533.111 of the Revised Code. 330
NO HUNTING LICENSE SHALL BE ISSUED UNLESS IT IS ACCOMPANIED 332
BY A WRITTEN EXPLANATION OF THE LAW IN SECTION 1533.17 OF THE 333
REVISED CODE AND THE PENALTY FOR ITS VIOLATION. 334
No hunting license shall be issued unless the applicant 336
presents to the agent authorized to issue the license a 337
previously held hunting license or evidence of having held such a 338
license in content and manner approved by the chief, a 339
certificate of completion issued upon completion of a hunter 340
education and conservation course approved by the chief, or 341
evidence of equivalent training in content and manner approved by 342
the chief. 343
No person shall issue a hunting license to any person who 345
fails to present the evidence required by this section. No 346
person shall purchase or obtain a hunting license without 347
presenting to the issuing agent the evidence required by this 348
section. Issuance of a hunting license in violation of the 349
requirements of this section is an offense by both the purchaser 350
of the illegally obtained hunting license and the clerk or agent 351
who issued the hunting license. Any hunting license issued in 352
violation of this section is void. 353
The chief, with approval of the wildlife council, shall 355
adopt rules prescribing a hunter education and conservation 356
course for first-time hunting license buyers and for volunteer 357
instructors. The course shall consist of subjects including, but 358
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not limited to, hunter safety and health, use of hunting 359
implements, hunting tradition and ethics, the hunter and 360
conservation, THE LAW IN SECTION 1533.17 OF THE REVISED CODE 361
ALONG WITH THE PENALTY FOR ITS VIOLATION, and the OTHER law 362
relating to hunting. Authorized personnel of the division or 364
volunteer instructors approved by the chief shall conduct such 365
courses with such frequency and at such locations throughout the 366
state as to reasonably meet the needs of license applicants. The 367
chief shall issue a certificate of completion to each person who 368
successfully completes the course and passes an examination 369
prescribed by the chief.
Notwithstanding the fees otherwise prescribed in this 371
section, prior to September 1, 1994, the fee for a resident 372
hunting license shall be eleven dollars, unless the rules adopted 373
under division (B) of section 1533.12 of the Revised Code provide 374
for the issuance of a resident hunting license to the applicant 375
free of charge; the fee for a special youth hunting license shall 376
be six dollars; the fee for a nonresident hunting license shall 377
be eighty dollars, unless the applicant is a resident of a state 378
that is a party to an agreement under section 1533.91 of the 379
Revised Code; the fee for a nonresident hunting license shall be 380
eleven dollars if the applicant is a resident of a state that is 381
a party to such an agreement; and the fee for a tourist's small 382
game hunting license shall be twenty dollars. 383
Sec. 1533.111. Except as provided in this section or 392
division (A) of section 1533.12 of the Revised Code, no person 393
shall hunt or trap fur-bearing animals on land of another without 394
first obtaining an annual fur taker permit. Each applicant for a 395
fur taker permit shall pay an annual fee of ten dollars, together 396
with one dollar as a fee to the clerk or other issuing agent, for 397
the permit, except as otherwise provided in this section or 398
unless the rules adopted under division (B) of section 1533.12 of 399
the Revised Code provide for issuance of a fur taker permit to 400
the applicant free of charge. Each applicant who is a resident 401
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of the state and under the age of sixteen years shall procure a 402
special youth fur taker permit, the fee for which shall be 403
one-half of the regular fur taker permit fee and which shall be 404
paid together with one dollar as a fee to the clerk or other 405
issuing agent. The fur taker permit shall run concurrently with 406
the hunting license. The money received, other than the one 407
dollar fee provided for in this section, shall be paid into the 408
state treasury to the credit of the fund established in section 409
1533.15 of the Revised Code. 410
NO FUR TAKER PERMIT SHALL BE ISSUED UNLESS IT IS 412
ACCOMPANIED BY A WRITTEN EXPLANATION OF THE LAW IN SECTION 413
1533.17 OF THE REVISED CODE AND THE PENALTY FOR ITS VIOLATION. 414
No fur taker permit shall be issued unless the applicant 416
presents to the agent authorized to issue a fur taker permit a 417
previously held hunting license or trapping or fur taker permit 418
or evidence of having held such a license or permit in content 419
and manner approved by the chief of the division of wildlife, a 420
certificate of completion issued upon completion of a trapper 421
education course approved by the chief, or evidence of equivalent 422
training in content and manner approved by the chief. 423
No person shall issue a fur taker permit to any person who 425
fails to present the evidence required by this section. No 426
person shall purchase or obtain a fur taker permit without 427
presenting to the issuing agent the evidence required by this 428
section. Issuance of a fur taker permit in violation of the 429
requirements of this section is an offense by both the purchaser 430
of the illegally obtained permit and the clerk or agent who 431
issued the permit. Any fur taker permit issued in violation of 432
this section is void. 433
The chief, with approval of the wildlife council, shall 435
adopt rules prescribing a trapper education course for first-time 436
fur taker permit buyers and for volunteer instructors. The 437
course shall consist of subjects that include, but are not 438
limited to, trapping techniques, animal habits and 439
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identification, trapping tradition and ethics, the trapper and 440
conservation, THE LAW IN SECTION 1533.17 OF THE REVISED CODE 441
ALONG WITH THE PENALTY FOR ITS VIOLATION, and the OTHER law 442
relating to trapping. Authorized personnel of the division of 444
wildlife or volunteer instructors approved by the chief shall 445
conduct the courses with such frequency and at such locations 446
throughout the state as to reasonably meet the needs of permit 447
applicants. The chief shall issue a certificate of completion to 448
each person who successfully completes the course and passes an 449
examination prescribed by the chief. 450
Every person, while hunting or trapping fur-bearing animals 453
on lands of another, shall carry his THE PERSON'S fur taker 454
permit affixed to his THE PERSON'S hunting license with his THE 455
PERSON'S signature written across the face of the permit. 456
Failure to carry such a signed permit constitutes an offense 457
under this section. The chief shall adopt any additional rules 458
he THE CHIEF considers necessary to carry out this section. 459
The owner and the children of the owner of lands in this 461
state may hunt or trap fur-bearing animals thereon without a fur 462
taker permit. The tenant or manager and children of the tenant 463
or manager may hunt or trap fur-bearing animals on lands where 465
they reside without a fur taker permit.
A fur taker permit is not transferable. No person shall 467
carry a fur taker permit issued in the name of another person. 468
A fur taker permit entitles a nonresident to take with him 470
from this state fur-bearing animals taken and possessed by him 471
THE NONRESIDENT as provided by law or division rule. 472
Notwithstanding the fees otherwise prescribed in this 474
section, prior to September 1, 1994, the fee for an annual 475
trapping permit shall be eight dollars, together with one dollar 477
as a fee to the clerk or other issuing agent, for the permit, 478
unless the rules adopted under division (B) of section 1533.12 of 479
the Revised Code provide for the issuance of a trapping permit to 480
the applicant free of charge, and the fee for a special youth 481
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trapping permit shall be four dollars, together with one dollar 482
as a fee to the clerk or other issuing agent. 483
Sec. 1533.17. (A) No person shall hunt or trap upon any 492
lands, pond, lake, or private waters of another, except water 493
claimed by riparian right of ownership in adjacent lands, or 494
shoot, shoot at, catch, kill, injure, or pursue a wild bird, wild 495
waterfowl, or wild animal thereon without obtaining written 496
permission from the owner or his THE OWNER'S authorized agent. 497
(B) THE OWNER, LESSEE, RENTER, OR OCCUPANT OF ANY LANDS, 500
POND, LAKE, OR PRIVATE WATERS UPON WHICH A PERSON VIOLATES 501
DIVISION (A) OF THIS SECTION IS NOT LIABLE IN DAMAGES TO ANY 502
PERSON IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR 503
PROPERTY THAT ARISES DURING OR INCIDENTAL TO THE VIOLATION. FOR 504
THE PURPOSES OF THIS DIVISION, A FINDING THAT A PERSON VIOLATED 505
DIVISION (A) OF THIS SECTION IS NOT DEPENDENT UPON THE PERSON 507
BEING CHARGED WITH OR CONVICTED OF A VIOLATION OF DIVISION (A) OF 508
THIS SECTION. THIS DIVISION DOES NOT AFFECT ANY IMMUNITIES FROM 509
OR DEFENSES TO CIVIL LIABILITY ESTABLISHED BY ANOTHER SECTION OF 510
THE REVISED CODE. 512
Sec. 1533.66. (A) No person shall trespass upon lands or 521
rights in lands of another, lying in or bordering upon a natural 522
or artificial pond or brook less than ten miles in length into 523
which have been introduced brook trout, speckled trout, brown 524
trout, land lock LANDLOCKED salmon, California salmon, or other 525
fish by artificial propagation or actual importation from other 527
waters, for the purpose of fishing for, catching, or killing 528
fish. No
(B) NO person shall catch or kill fish in such pond or 531
brook or buy, receive, or possess fish caught contrary to this 532
section. No
(C) NO person shall willfully place poison or other 535
substance injurious to the health of such fish in a pond or brook 536
described in this section for the purpose of capturing or harming 537
such fish therein, or wrongfully and willfully let the water out 538
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of such pond or brook with intent to take or injure fish therein. 539
(D) Prosecutions for a violation of this section shall be 541
instituted only upon the complaint of the person or his THE 542
PERSON'S agent upon whose lands or rights in lands or waters the 543
trespass has been committed. 544
(E) THE OWNER, LESSEE, RENTER, OR OCCUPANT OF LANDS OR 547
RIGHTS IN LANDS UPON WHICH A PERSON VIOLATES DIVISION (A) OF THIS 548
SECTION IS NOT LIABLE IN DAMAGES TO ANY PERSON IN A CIVIL ACTION 549
FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES 550
DURING OR INCIDENTAL TO THE VIOLATION. FOR THE PURPOSES OF THIS 551
DIVISION, A FINDING THAT A PERSON VIOLATED DIVISION (A) OF THIS 553
SECTION IS NOT DEPENDENT UPON THE PERSON BEING CHARGED WITH OR 554
CONVICTED OF A VIOLATION OF DIVISION (A) OF THIS SECTION. THIS 556
DIVISION DOES NOT AFFECT ANY IMMUNITIES FROM OR DEFENSES TO CIVIL 557
LIABILITY ESTABLISHED BY ANOTHER SECTION OF THE REVISED CODE. 559
Sec. 1533.68. If a person is convicted of a violation of 568
any law relative to the taking, possession, protection, 569
preservation, or propagation of wild animals, or a violation of 570
division (C) of section 2909.08 of the Revised Code while 571
hunting, or is convicted of a violation of any rule of the 572
division of wildlife, the court or magistrate before whom the 573
conviction is had, as an additional part of the penalty in each 575
case, shall suspend or revoke each license or permit issued to
the person in accordance with any section of the Revised Code 576
pertaining to THE hunting, fishing, trapping, breeding, and sale 577
of wild animals or the sale of their hides, skins, or pelts. No 578
fee paid for such a license or permit shall be returned to the 579
person. 580
No person having his A license or permit suspended or 582
revoked as provided in this section, in the event of a hunting or 583
trapping violation, shall engage in hunting or trapping, in the 584
event of a violation of division (C) of section 2909.08 of the 585
Revised Code while hunting, shall engage in hunting, or in the 586
event of a fishing violation, shall engage in fishing, or 587
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purchase, apply for, or receive any such license or permit for 588
the following periods of time, as applicable: 589
(A) Three years after the date of conviction, if the 591
person is convicted of taking or possessing a deer in violation 592
of section 1531.02 of the Revised Code; 593
(B) Not more than three years after the date of 595
conviction, if the person is convicted of taking or possessing 596
any other wild animal in violation of section 1531.02 of the 597
Revised Code, or is convicted of a misdemeanor violation of 598
division (C) of section 2909.08 of the Revised Code while 599
hunting, OR IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF 600
SECTION 1533.17 OF THE REVISED CODE;
(C) Not more than five years after the date of conviction, 602
if the person is convicted of violating section 1533.171 or of 603
taking or possessing an eagle or osprey in violation of section 604
1533.07 of the Revised Code, or is convicted of a felony 605
violation of division (C) of section 2909.08 of the Revised Code 606
while hunting. 607
All licenses and permits suspended or revoked as provided 609
in this section shall be taken up by the magistrate and sent to 610
the department of natural resources where they shall be filed 611
with a record of the arrest until the person who held the 612
suspended or revoked license or permit is lawfully entitled to 613
obtain another license or permit. 614
Sec. 1533.99. (A) Whoever violates section 1533.17 of the 623
Revised Code is guilty of a minor misdemeanor OF THE THIRD DEGREE 625
ON A FIRST OFFENSE AND A MISDEMEANOR OF THE SECOND DEGREE ON EACH
SUBSEQUENT OFFENSE. If the offender persists in the offense 627
after reasonable warning or request to desist, the offender is 628
guilty of a misdemeanor of the fourth SECOND degree. 630
(B) Whoever violates section 1533.161, 1533.23, 1533.24, 632
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55, 633
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 634
1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or 635
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1533.80, division (F) of section 1533.731, of OR division (B) or 636
(C) of section 1533.97 of the Revised Code is guilty of a 638
misdemeanor of the third degree.
(C) Whoever violates division (B) of section 1533.03, 640
section 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 641
1533.42, 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, or 642
1533.721, division (B)(2) or (3) of section 1533.731, or division 644
(A) of section 1533.97 of the Revised Code is guilty of a 645
misdemeanor of the first degree.
(D) Whoever violates division (D) of section 1533.97 of 647
the Revised Code is guilty of a misdemeanor of the fourth degree. 648
The court shall require any person who is convicted of or pleads 649
guilty to the offense to refund to all participants in the 650
fishing tournament operated by the person any entry fees paid by 651
the participants. 652
(E) Whoever violates division (C) or (D) of section 654
1533.632 of the Revised Code is guilty of a felony of the fifth 655
degree.
(F) Whoever violates any section of this chapter for which 657
no penalty is otherwise provided is guilty of a misdemeanor of 658
the fourth degree. 659
(G) A court that imposes sentence for a violation of any 661
section of this chapter governing the holding, taking, or 662
possession of wild animals shall require the person who is 663
convicted of or pleads guilty to the offense, in addition to any 664
fine, term of imprisonment, seizure, and forfeiture imposed, to 665
make restitution for the minimum value of the wild animal or 666
animals illegally held, taken, or possessed as established under 667
section 1531.201 of the Revised Code. An officer who collects 668
moneys paid as restitution under this section shall pay those 669
moneys to the treasurer of state who shall deposit them in the 670
state treasury to the credit of the wildlife fund established 671
under section 1531.17 of the Revised Code. 672
Section 2. That existing sections 1531.02, 1531.08, 674
16
1533.05, 1533.07, 1533.10, 1533.111, 1533.17, 1533.66, 1533.68, 675
and 1533.99 of the Revised Code are hereby repealed. 676
Section 3. That section 1531.08 of the Revised Code, as 678
amended by Am. Sub. H.B. 60 of the 121st General Assembly, be 679
amended to read as follows:
Sec. 1531.08. In conformity with Section 36 of Article II, 689
Ohio Constitution, providing for the passage of laws for the 690
conservation of the natural resources of the state, including 691
streams, lakes, submerged lands, and swamplands, and in 692
conformity with this chapter and Chapter 1533. of the Revised 693
Code, the chief of the division of wildlife has authority and 694
control in all matters pertaining to the protection, 695
preservation, propagation, possession, and management of wild 696
animals and may adopt rules under section 1531.10 of the Revised 697
Code for the management of wild animals. Notwithstanding 698
division (B) of section 119.03 of the Revised Code, such rules in 699
proposed form shall be filed under this section. Each year there 700
shall be a public fish hearing and public game hearing. The 701
results of the investigation and public hearing shall be filed in 702
the office of the chief and shall be kept open for public 703
inspection during all regular office hours. Modifying or 704
rescinding such rules does not require a public hearing. 705
The chief may adopt, amend, rescind, and enforce rules 708
throughout the state or in any part or waters thereof as provided 709
by sections 1531.08 to 1531.12 and other sections of the Revised 710
Code. The rules shall be filed in proposed form and available at 711
the central wildlife office and at each of the wildlife district 712
offices, including the Lake Erie unit located at Sandusky, at 713
least thirty days prior to the date of the hearing required by 714
division (C) of section 119.03 of the Revised Code. The rules 715
shall be based upon a public hearing and investigation of the 716
best available biological information derived from professionally 717
accepted practices in wildlife and fisheries management.
Each rule adopted under this section shall clearly and 719
17
distinctly describe and set forth the waters or area or part 720
thereof affected by the rule and whether the rule is applicable 721
to all wild animals or only to certain kinds of species
designated therein. 722
The chief may regulate any of the following: 724
(A) Taking and possessing wild animals, at any time and 726
place or in any number, quantity, or length, and in any manner, 727
and with such devices as he THE CHIEF prescribes, EXCEPT THAT THE 729
CHIEF SHALL NOT PROHIBIT HUNTING DURING OPEN SEASON ON ANY
PARTICULAR DAY OF THE WEEK; 730
(B) Transportation of such animals or any part thereof; 732
(C) Buying, selling, offering for sale, or exposing for 734
sale any such animal or part thereof; 735
(D) Taking, possessing, transporting, buying, selling, 737
offering for sale, and exposing for sale commercial fish or any 738
part thereof, including species taken, length, weight, method of 739
taking, mesh sizes, specifications of nets and other fishing 740
devices, seasons, and time and place of taking. 741
When the chief increases the size of a fish named in 743
section 1533.63 of the Revised Code, any fish that were legally 744
taken, caught, or possessed prior to the increase may be 745
possessed after the increase if the possession of the fish has 746
been reported to the chief prior to the increase, but on or after 747
the date of the increase the fish may not be sold to a buyer in 748
this state. 749
Section 4. That all existing versions of section 1531.08 751
of the Revised Code are hereby repealed. 752
Section 5. Sections 3 and 4 of this act shall take effect 754
March 4, 1998.
Section 6. Sections 1533.10 and 1533.111 of the Revised 756
Code are presented in this act as composites of the sections as 758
amended by both Sub. H.B. 715 and Am. Sub. S.B. 182 of the 120th 759
General Assembly, with the new language of neither of the acts 761
shown in capital letters. This is in recognition of the 762
18
principle stated in division (B) of section 1.52 of the Revised 763
Code that such amendments are to be harmonized where not 764
substantively irreconcilable and constitutes a legislative 765
finding that such is the resulting version in effect prior to the 766
effective date of this act.