REPRESENTATIVES Latta, Aslanides, Carey, Gilb, Seitz, Niehaus, Hagan, Husted, Sullivan, Webster, Roman, Kearns, Wilson, Rhine, Hollister, Collier, Evans, Boccieri, Faber, Buehrer, Schaffer, Reidelbach, Blasdel, Carmichael, Sulzer, Brinkman, Distel, Seaver, Redfern

To amend sections 1533.05, 1533.07, 1533.121, 1533.73,

1

and 1533.731 and to repeal sections 1531.021 and

2

1531.022 of the Revised Code to eliminate the

3

special requirements governing Sunday hunting, and

4

to revise the law governing the disposition of deer

5

killed by motor vehicles.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1533.05, 1533.07, 1533.121, 1533.73,	7
and 1533.731 of the Revised Code be amended to read as follows:	8

Sec. 1533.05.  (A) As used in this section and section	9
1533.051 of the Revised Code, "raptor" means a live migratory bird	10
of the family Falconidae or of the family Accipitridae other than	11
a bald eagle (Haliaeetus leucocephalus).	12

(B) The chief of the division of wildlife may authorize the	13
taking, possession, and transportation of raptors for use in the	14
sport of falconry by rules adopted pursuant to section 1531.08 of	15
the Revised Code. The rules shall be consistent with federal	16
regulations governing raptors and may authorize the taking of game	17
by the use of raptors, including taking with a trained raptor and	18
a dog.	19

The chief, by rules adopted pursuant to section 1531.08 of	20
the Revised Code, may do all of the following:	21

(1) Notwithstanding any other rule governing the taking of	22
quail, authorize a person engaged in the sport of falconry to	23
permit the person's raptor to take quail;	24

(2) Authorize a person engaged in the sport of falconry to	25
permit the person's raptor to take game on Sunday within legal	26
seasons;	27

(3) Authorize special falconry seasons;

28

(4)(3) Authorize a person engaged in the sport of falconry	29
to possess and to permit the person's raptor to take European	30
starlings, English sparrows, and common pigeons, other than homing	31
pigeons, at any time.	32

(C) No person shall take, possess, or transport a raptor for	33
use in the sport of falconry or shall practice falconry without a	34
permit to do so issued by the chief. The duration of the permit	35
shall be consistent with applicable federal requirements. The	36
chief may require a separate permit for the taking of raptors.	37

The fees for permits shall be set by the chief in amounts	38
sufficient to cover the expenses of the division of wildlife in	39
exercising its authority under this section and may vary according	40
to class and type of permit. Moneys received from the sale of	41
permits shall be paid into the state treasury to the credit of the	42
fund established in section 1533.15 of the Revised Code.	43

An applicant for a permit shall present a valid hunting	44
license issued to the applicant for the current license year under	45
section 1533.13 of the Revised Code and shall maintain a valid and	46
current hunting license thereafter while taking or attempting to	47
take game or raptors to be used for falconry purposes. A permit	48
issued under this section is not transferable. No person shall	49
carry a permit issued in the name of another person.	50

(D) Every person, while engaged in falconry on the lands of	51
another, shall carry the permit issued to the person under this	52
section together with a valid hunting license issued to the person	53
for the current license year under section 1533.13 of the Revised	54
Code and shall exhibit the permit and license to any law	55
enforcement officer requesting to see them.	56

(E) Notwithstanding any other provision of this section, of	57
any rule adopted by the chief governing falconry, or of any	58
federal regulation governing raptors, no person shall take or	59
disturb for the purpose of falconry the nest of a wild raptor or	60
any young raptor in the wild that is not yet capable of flight	61
except in such situations, and under the direct supervision of a	62
wildlife officer, where the nest otherwise would be destroyed or	63
the raptor would not survive.	64

Sec. 1533.07.  No person shall catch, kill, injure, pursue,	65
or have in the person's possession, either dead or alive, or	66
purchase, expose for sale, transport, or ship to a point within or	67
without the state, or receive or deliver for transportation any	68
bird other than a game bird, or have in the person's possession	69
any part of the plumage, skin, or body of any bird other than a	70
game bird, except as permitted in Chapter 1531. and this chapter	71
of the Revised Code, or disturb or destroy the eggs, nest, or	72
young of such a bird.	73

This section does not prohibit the lawful taking, killing,	74
pursuing, or possession of any game bird during the open season	75
for the bird. Hawks or owls causing damage to domestic animals or	76
fowl may be killed by the owner of the domestic animal or fowl	77
while the damage is occurring. Bald or golden eagles and ospreys	78
shall not be killed or possessed at any time, except that eagles	79
or ospreys may be possessed for educational purposes by	80
governmental or municipal zoological parks, museums, and	81
scientific or educational institutions. European starlings,	82
English sparrows, and common pigeons, other than homing pigeons,	83
may be killed at any time, except as provided in section 1531.021	84
of the Revised Code, and their nests or eggs may be destroyed, at	85
any time. Blackbirds may be killed at any time, except as	86
provided in section 1531.021 of the Revised Code, when doing	87
damage to grain or other property or when they become a nuisance.	88

Each bird or any part thereof taken or had in possession	89
contrary to this section constitutes a separate offense.	90

Sec. 1533.121.  Except as otherwise provided by division	91
rule, the resident driver of every motor vehicle that has caused	92
the death of a deer by striking the deer on a highway may take	93
possession of the deer, provided that within twenty-four hours	94
thereafter, hethe driver reports the accident to a wildlife	95
officer or other law enforcement officer. The officer shall	96
investigate, and, if hethe officer finds the death has been	97
caused as alleged, hethe officer shall give a certificate for	98
legal ownership of the deer to the person entitling the person to	99
the ownership of the carcass to be possessed and consumed by the	100
driver and the immediate family of the driver of the vehicle or by	101
giving the carcass. If the deer is unclaimed, the certificate for	102
legal ownership may be given to a private or public institution or	103
charity or to another person.	104

Sec. 1533.73.  (A) Except as otherwise provided in this	105
division or by division rule, licensed commercial bird shooting	106
preserves may be established in any county of the state, but no	107
such preserve shall be less than eighty acres or more than six	108
hundred forty acres in area. A commercial bird shooting preserve	109
shall be in one continuous block of land, except that the block of	110
land may be intersected by highways or roads. No commercial bird	111
shooting preserve shall be located within fifteen hundred feet of	112
any other such preserve.	113

A licensed commercial bird shooting preserve operated by a	114
municipal corporation on lands located within its corporate limits	115
is not subject to this division.	116

(B) The boundaries of each licensed commercial bird shooting	117
preserve shall be clearly defined by posting, at intervals of not	118
more than two hundred feet, with signs prescribed by the division	119
of wildlife.	120

(C) Mallard or black ducks and other game birds upon which	121
there is an open season in this state, which the chief of the	122
division may approve for such use, and that have been legally	123
acquired or propagated under the authority of a propagating	124
license issued under section 1533.71 of the Revised Code and	125
marked and banded as provided in division (D) of this section may	126
be released and harvested by shooting within the confines of any	127
licensed commercial bird shooting preserve between sunrise and	128
sunset, without regard to sex, daily bag limit, or open season,	129
and including Sundays, by licensed hunters authorized by the	130
holder of the commercial bird shooting preserve license to hunt on	131
those lands.	132

(D) All game birds released on a licensed commercial bird	133
shooting preserve shall first be banded with a leg band that shall	134
bear upon it a symbol identifying the commercial bird shooting	135
preserve. No game birds shall be possessed or transported outside	136
the licensed area unless each such bird is tagged with a suitable	137
tag or seal supplied by the division.	138

(E) The holder of a commercial bird shooting preserve	139
license shall raise, or purchase, and release on the licensed	140
commercial bird shooting preserve at least five hundred pheasants	141
annually. With the approval of the chief, the license holder may	142
raise, or purchase, and release, in lieu of pheasants, a like	143
number of other game birds. No person shall fail to release the	144
required number of game birds on a licensed commercial bird	145
shooting preserve as required by this division.	146

(F) The holder of a commercial bird shooting preserve	147
license is not liable for any damage to or destruction of growing	148
crops on land adjacent to the preserve caused by game birds	149
released on the preserve.	150

(G) No holder of a commercial bird shooting preserve license	151
shall violate this chapter or Chapter 1531. of the Revised Code or	152
any division rule.	153

Sec. 1533.731.  (A) No wild animal hunting preserve shall be	154
less than eighty acres in area. Each such preserve shall be in	155
one continuous block of land, except that the block of land may be	156
intersected by highways or roads. No wild animal hunting preserve	157
shall be located within three thousand feet of another such	158
preserve or of a commercial bird shooting preserve licensed under	159
section 1533.72 of the Revised Code.	160

The boundaries of each wild animal hunting preserve shall be	161
clearly defined by posting, at intervals of not more than two	162
hundred feet, with signs prescribed by the division of wildlife.	163
Each wild animal hunting preserve shall be surrounded by a fence	164
at least six feet in height that is constructed of a woven wire	165
mesh, or such other enclosure approved by the chief of the	166
division of wildlife.	167

(B)(1) Except as provided in divisions (B)(2) and (3) of	168
this section, game and nonnative wildlife that have been approved	169
by the chief for such use, that have been legally acquired or	170
propagated under the authority of a propagating license issued	171
under section 1533.71 of the Revised Code, and that are marked and	172
tagged as provided in division (C) of this section may be released	173
and hunted within the confines of the licensed wild animal hunting	174
preserve between sunrise and sunset, without regard to sex, bag	175
limit, or open season, and including Sundays, by licensed hunters	176
authorized by the holder of the wild animal hunting preserve	177
license to hunt on those lands. The chief shall establish, by	178
rule, the allowable methods of taking game and nonnative wildlife	179
in a wild animal hunting preserve.	180

(2) No game or nonnative wildlife on the federal endangered	181
species list established in accordance with the "Endangered	182
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531, as amended,	183
or the state endangered species list established in rules adopted	184
under section 1531.25 of the Revised Code, no bears native to	185
North America, and no large carnivores of the family Felidae shall	186
be released for hunting or hunted in any wild animal hunting	187
preserve in this state.	188

(3) No person shall release for hunting or hunt within a	189
wild animal hunting preserve any game or nonnative wildlife not	190
listed in the application for a license for that preserve.	191

(C) All game and nonnative wildlife released on a wild	192
animal hunting preserve shall be identified with a tag that shall	193
bear upon it a symbol identifying the preserve.	194

(D) For the purposes of division (B) of section 1533.02 of	195
the Revised Code, the owner or operator of a wild animal hunting	196
preserve shall furnish each person who takes any game or nonnative	197
wildlife from the preserve a certificate bearing a description of	198
the animal, the date the animal was taken, and the name of the	199
preserve.	200

(E) The chief shall adopt rules under section 1531.10 of the	201
Revised Code that provide for the safety of the public and for the	202
protection of the game and nonnative wildlife to be hunted in a	203
wild animal hunting preserve prior to their release in the	204
preserve.	205

(F) No holder of a wild animal hunting preserve license	206
shall violate Chapter 1531. or this chapter of the Revised Code or	207
any division rule.	208

(G) This section does not authorize the hunting of game	209
birds in a licensed wild animal hunting preserve.	210

Section 2. That existing sections 1533.05, 1533.07, 1533.121,	211
1533.73, and 1533.731 and sections 1531.021 and 1531.022 of the	212
Revised Code are hereby repealed.	213