SENATORS Mumper, Carnes, Shoemaker, DiDonato, Harris, Robert Gardner, Herington, Hottinger, Nein, Spada, Wachtmann, Ryan, White

To amend sections 1531.01, 1533.05, 1533.07,

1

1533.121, 1533.73, and 1533.731, to enact section

2

1531.101, and to repeal sections 1531.021 and

3

1531.022 of the Revised Code to eliminate the

4

special requirements governing Sunday hunting, to

5

authorize the adoption of rules governing the

6

hunting of migratory game birds, and to revise the

7

law governing the disposition of deer killed by

8

motor vehicles.

9

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

Section 1. That sections 1531.01, 1533.05, 1533.07, 1533.121,	10
1533.73, and 1533.731 be amended and section 1531.101 of the	11
Revised Code be enacted to read as follows:	12

Sec. 1531.01.  As used in this chapter and Chapter 1533. of	13
the Revised Code:	14

(A) "Person" means individual, company, partnership,	15
corporation, municipal corporation, association, or any	16
combination of individuals, or any employee, agent, or officer	17
thereof.	18

(B) "Resident" means any individual who has resided in this	19
state for not less than six months next preceding the date of	20
making application for a license.	21

(C) "Nonresident" means any individual who does not qualify	22
as a resident.	23

(D) "Division rule" or "rule" means any rule adopted by the	24
chief of the division of wildlife under section 1531.10 of the	25
Revised Code unless the context indicates otherwise.	26

(E) "Closed season" means that period of time during which	27
the taking of wild animals protected by this chapter and Chapter	28
1533. of the Revised Code is prohibited.	29

(F) "Open season" means that period of time during which the	30
taking of wild animals protected by this chapter and Chapter 1533.	31
of the Revised Code is permitted.	32

(G) "Take or taking" includes pursuing, shooting, hunting,	33
killing, trapping, angling, fishing with a trotline, or netting	34
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,	35
wild bird, or wild quadruped, and any lesser act, such as	36
wounding, or placing, setting, drawing, or using any other device	37
for killing or capturing any wild animal, whether it results in	38
killing or capturing the animal or not. "Take or taking" includes	39
every attempt to kill or capture and every act of assistance to	40
any other person in killing or capturing or attempting to kill or	41
capture a wild animal.	42

(H) "Possession" means both actual and constructive	43
possession and any control of things referred to.	44

(I) "Bag limit" means the number, measurement, or weight of	45
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild	46
birds, and wild quadrupeds permitted to be taken.	47

(J) "Transport and transportation" means carrying or moving	48
or causing to be carried or moved.	49

(K) "Sell and sale" means barter, exchange, or offer or	50
expose for sale.	51

(L) "Whole to include part" means that every provision	52
relating to any wild animal protected by this chapter and Chapter	53
1533. of the Revised Code applies to any part of the wild animal	54
with the same effect as it applies to the whole.	55

(M) "Angling" means fishing with not more than two hand	56
lines, not more than two units of rod and line, or a combination	57
of not more than one hand line and one rod and line, either in	58
hand or under control at any time while fishing. The hand line or	59
rod and line shall have attached to it not more than three baited	60
hooks, not more than three artificial fly rod lures, or one	61
artificial bait casting lure equipped with not more than three	62
sets of three hooks each.	63

(N) "Trotline" means a device for catching fish that	64
consists of a line having suspended from it, at frequent	65
intervals, vertical lines with hooks attached.	66

(O) "Fish" means a cold-blooded vertebrate having fins.

67

(P) "Measurement of fish" means length from the end of the	68
nose to the longest tip or end of the tail.	69

(Q) "Wild birds" includes game birds and nongame birds.

70

(R) "Game" includes game birds, game quadrupeds, and	71
fur-bearing animals.	72

(S) "Game birds" includes mourning doves, ringneck	73
pheasants, bobwhite quail, ruffed grouse, sharp-tailed grouse,	74
pinnated grouse, wild turkey, Hungarian partridge, Chukar	75
partridge, woodcocks, black-breasted plover, golden plover,	76
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail,	77
coots, gallinules, duck, geese, brant, and crows.	78

(T) "Nongame birds" includes all other wild birds not	79
included and defined as game birds.	80

(U) "Wild quadrupeds" includes game quadrupeds and	81
fur-bearing animals.	82

(V) "Game quadrupeds" includes cottontail rabbits, gray	83
squirrels, black squirrels, fox squirrels, red squirrels, flying	84
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,	85
wild boar, and black bears.	86

(W) "Fur-bearing animals" includes minks, weasels, raccoons,	87
skunks, opossums, muskrats, fox, beavers, badgers, otters,	88
coyotes, and bobcats.	89

(X) "Wild animals" includes mollusks, crustaceans, aquatic	90
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,	91
and all other wild mammals, but does not include domestic deer.	92

(Y) "Hunting" means pursuing, shooting, killing, following	93
after or on the trail of, lying in wait for, shooting at, or	94
wounding wild birds or wild quadrupeds while employing any device	95
commonly used to kill or wound wild birds or wild quadrupeds	96
whether or not the acts result in killing or wounding. "Hunting"	97
includes every attempt to kill or wound and every act of	98
assistance to any other person in killing or wounding or	99
attempting to kill or wound wild birds or wild quadrupeds.	100

(Z) "Trapping" means securing or attempting to secure	101
possession of a wild bird or wild quadruped by means of setting,	102
placing, drawing, or using any device that is designed to close	103
upon, hold fast, confine, or otherwise capture a wild bird or wild	104
quadruped whether or not the means results in capture. "Trapping"	105
includes every act of assistance to any other person in capturing	106
wild birds or wild quadrupeds by means of the device whether or	107
not the means results in capture.	108

(AA) "Muskrat spear" means any device used in spearing	109
muskrats.	110

(BB) "Channels and passages" means those narrow bodies of	111
water lying between islands or between an island and the mainland	112
in Lake Erie.	113

(CC) "Island" means a rock or land elevation above the	114
waters of Lake Erie having an area of five or more acres above	115
water.	116

(DD) "Reef" means an elevation of rock, either broken or in	117
place, or gravel shown by the latest United States chart to be	118
above the common level of the surrounding bottom of the lake,	119
other than the rock bottom, or in place forming the base or	120
foundation rock of an island or mainland and sloping from the	121
shore of it. "Reef" also means all elevations shown by that chart	122
to be above the common level of the sloping base or foundation	123
rock of an island or mainland, whether running from the shore of	124
an island or parallel with the contour of the shore of an island	125
or in any other way and whether formed by rock, broken or in	126
place, or from gravel.	127

(EE) "Fur farm" means any area used exclusively for raising	128
fur-bearing animals or in addition thereto used for hunting game,	129
the boundaries of which are plainly marked as such.	130

(FF) "Waters" includes any lake, pond, reservoir, stream,	131
channel, lagoon, or other body of water, or any part thereof,	132
whether natural or artificial.	133

(GG) "Crib" or "car" refers to that particular compartment	134
of the net from which the fish are taken when the net is lifted.	135

(HH) "Commercial fish" means those species of fish permitted	136
to be taken, possessed, bought, or sold unless otherwise	137
restricted by the Revised Code or division rule and are alewife	138
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin	139
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),	140
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus	141
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead	142
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel	143
catfish (Ictalurus punctatus), flathead catfish (Pylodictis	144
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),	145
freshwater drum or sheepshead (Aplodinotus grunniens), gar	146
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish	147
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye	148
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt	149
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus	150
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other	151
than buffalo and quillback (Carpiodes sp., Catostomus sp.,	152
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone	153
chrysops), white perch (Roccus americanus), and yellow perch	154
(Perca flavescens). When the common name of a fish is used in	155
this chapter or Chapter 1533. of the Revised Code, it refers to	156
the fish designated by the scientific name in this definition.	157

(II) "Fishing" means taking or attempting to take fish by	158
any method, and all other acts such as placing, setting, drawing,	159
or using any device commonly used to take fish whether resulting	160
in a taking or not.	161

(JJ) "Fillet" means the pieces of flesh taken or cut from	162
both sides of a fish, joined to form one piece of flesh.	163

(KK) "Part fillet" means a piece of flesh taken or cut from	164
one side of a fish.	165

(LL) "Round" when used in describing fish means with head	166
and tail intact.	167

(MM) "Migrate" means the transit or movement of fish to or	168
from one place to another as a result of natural forces or	169
instinct and includes, but is not limited to, movement of fish	170
induced or caused by changes in the water flow.	171

(NN) "Spreader bar" means a brail or rigid bar placed across	172
the entire width of the back, at the top and bottom of the cars in	173
all trap, crib, and fyke nets for the purpose of keeping the	174
meshes hanging squarely while the nets are fishing.	175

(OO) "Fishing guide" means any person who, for consideration	176
or hire, operates a boat, rents, leases, or otherwise furnishes	177
angling devices, ice fishing shanties or shelters of any kind, or	178
other fishing equipment, and accompanies, guides, directs, or	179
assists any other person in order for the other person to engage	180
in fishing.	181

(PP) "Net" means fishing devices with meshes composed of	182
twine or synthetic material and includes, but is not limited to,	183
trap nets, fyke nets, crib nets, carp aprons, dip nets, and	184
seines, except minnow seines and minnow dip nets.	185

(QQ) "Commercial fishing gear" means seines, trap nets, fyke	186
nets, dip nets, carp aprons, trotlines, other similar gear, and	187
any boat used in conjunction with that gear, but does not include	188
gill nets.	189

(RR) "Native wildlife" means any species of the animal	190
kingdom indigenous to this state.	191

(SS) "Gill net" means a single section of fabric or netting	192
seamed to a float line at the top and a lead line at the bottom,	193
which is designed to entangle fish in the net openings as they	194
swim into it.	195

(TT) "Tag fishing tournament" means a contest in which a	196
participant pays a fee, or gives other valuable consideration, for	197
a chance to win a prize by virtue of catching a tagged or	198
otherwise specifically marked fish within a limited period of	199
time, but does not include a scheme of chance conducted under	200
division (D)(1) of section 2915.02 of the Revised Code.	201

(UU) "Tenant" means an individual who resides on land for	202
which the individual pays rent and whose annual income is	203
primarily derived from agricultural production conducted on that	204
land, as "agricultural production" is defined in section 929.01 of	205
the Revised Code.	206

(VV) "Nonnative wildlife" means any wild animal not	207
indigenous to this state, but does not include domestic deer.	208

(WW) "Reptiles" includes common musk turtle (sternotherus	209
odoratus), common snapping turtle (Chelydra serpentina	210
serpentina), spotted turtle (Clemmys guttata), eastern box turtle	211
(Terrapene carolina carolina), Blanding's turtle (Emydoidea	212
blandingii), common map turtle (Graptemys geographica), ouachita	213
map turtle (Graptemys pseudogeographica ouachitensis), midland	214
painted turtle (Chrysemys picta marginata), red-eared slider	215
(Trachemys scripta elegans), eastern spiny softshell turtle	216
(Apalone spinifera spinifera), midland smooth softshell turtle	217
(Apalone mutica mutica), northern fence lizard (Sceloporus	218
undulatus hyacinthinus), ground skink (Scincella lateralis),	219
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces	220
laticeps), northern coal skink (Eumeces anthracinus anthracinus),	221
European wall lizard (Podarcis muralis), queen snake (Regina	222
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern	223
water snake (Nerodia sipedon sipedon), Lake Erie watersnake	224
(Nerodia sipedon insularum), copperbelly water snake (Nerodia	225
erythrogaster neglecta), northern brown snake (Storeria dekayi	226
dekayi), midland brown snake (Storeria dekayi wrightorum),	227
northern redbelly snake (Storeria occipitomaculata	228
occipitomaculata), eastern garter snake (Thamnophis sirtalis	229
sirtalis), eastern plains garter snake (Thamnophis radix radix),	230
Butler's garter snake (Thamnophis butleri), shorthead garter snake	231
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis	232
sauritus sauritus), northern ribbon snake (Thamnophis sauritus	233
septentrionalis), eastern hognose snake (Heterodon platirhinos),	234
eastern smooth earth snake (Virginia valeriae valeriae), northern	235
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake	236
(Carphophis amoenus helenae), eastern worm snake (Carphophis	237
amoenus amoenus), black racer (Coluber constrictor constrictor),	238
blue racer (Coluber constrictor foxii), rough green snake	239
(opheodrys aestivus), smooth green snake (opheodrys vernalis	240
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox	241
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis	242
getula nigra), eastern milk snake (Lampropeltis triangulum	243
triangulum), northern copperhead (Agkistrodon contortrix mokasen),	244
eastern massasauga (Sistrurus catenatus catenatus), and timber	245
rattlesnake (Crotalus horridus horridus).	246

(XX) "Amphibians" includes eastern hellbender	247
(Crytpobranchus alleganiensis alleganiensis), mudpuppy (Necturus	248
maculosus maculosus), red-spotted newt (Notophthalmus viridescens	249
viridescens), Jefferson salamander (Ambystoma jeffersonianum),	250
spotted salamander (Ambystoma maculatum), blue-spotted salamander	251
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),	252
streamside salamander (Ambystoma barbouri), marbled salamander	253
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum	254
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),	255
mountain dusky salamander (Desmognathus ochrophaeus), redback	256
salamander (Plethodon cinereus), ravine salamander (Plethodon	257
richmondi), northern slimy salamander (Plethodon glutinosus),	258
Wehrle's salamander (Plethodon wehrlei), four-toed salamander	259
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus	260
porphyriticus duryi), northern spring salamander (Gyrinophilus	261
porphyriticus porphyriticus), mud salamander (Pseudotriton	262
montanus), northern red salamander (Pseudotriton ruber ruber),	263
green salamander (Aneides aeneus), northern two-lined salamander	264
(Eurycea bislineata), longtail salamander (Eurycea longicauda	265
longicauda), cave salamander (Eurycea lucifuga), southern	266
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo	267
woodhousii fowleri), American toad (Bufo americanus), eastern	268
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris	269
crepitans blanchardi), northern spring peeper (Pseudacris crucifer	270
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog	271
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata	272
triseriata), mountain chorus frog (Pseudacris brachyphona),	273
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),	274
northern leopard frog (Rana pipiens), pickerel frog (Rana	275
palustris), southern leopard frog (Rana utricularia), and wood	276
frog (Rana sylvatica).	277

(YY) "Deer" means white-tailed deer (Oddocoileus	278
virginianus).	279

(ZZ) "Domestic deer" means nonnative deer that have been	280
legally acquired or their offspring and that are held in private	281
ownership for primarily agricultural purposes.	282

(AAA) "Migratory game bird" includes waterfowl (Anatidae);	283
doves (Columbidae); cranes (Gruidae); rails, coots, and gallinules	284
(Rallidae); and woodcock and snipe (Scolopacidae).	285

Sec. 1531.101. In addition to any other authority conferred	286
on the chief of the division of wildlife, the chief may adopt	287
rules under section 111.15 of the Revised Code that are necessary	288
to establish acceptable methods of taking migratory game birds	289
together with bag limits and designated seasons, areas, and hours	290
for hunting them.	291

Sec. 1533.05.  (A) As used in this section and section	292
1533.051 of the Revised Code, "raptor" means a live migratory bird	293
of the family Falconidae or of the family Accipitridae other than	294
a bald eagle (Haliaeetus leucocephalus).	295

(B) The chief of the division of wildlife may authorize the	296
taking, possession, and transportation of raptors for use in the	297
sport of falconry by rules adopted pursuant to section 1531.08 of	298
the Revised Code. The rules shall be consistent with federal	299
regulations governing raptors and may authorize the taking of game	300
by the use of raptors, including taking with a trained raptor and	301
a dog.	302

The chief, by rules adopted pursuant to section 1531.08 of	303
the Revised Code, may do all of the following:	304

(1) Notwithstanding any other rule governing the taking of	305
quail, authorize a person engaged in the sport of falconry to	306
permit the person's raptor to take quail;	307

(2) Authorize a person engaged in the sport of falconry to	308
permit the person's raptor to take game on Sunday within legal	309
seasons;	310

(3) Authorize special falconry seasons;

311

(4)(3) Authorize a person engaged in the sport of falconry	312
to possess and to permit the person's raptor to take European	313
starlings, English sparrows, and common pigeons, other than homing	314
pigeons, at any time.	315

(C) No person shall take, possess, or transport a raptor for	316
use in the sport of falconry or shall practice falconry without a	317
permit to do so issued by the chief. The duration of the permit	318
shall be consistent with applicable federal requirements. The	319
chief may require a separate permit for the taking of raptors.	320

The fees for permits shall be set by the chief in amounts	321
sufficient to cover the expenses of the division of wildlife in	322
exercising its authority under this section and may vary according	323
to class and type of permit. Moneys received from the sale of	324
permits shall be paid into the state treasury to the credit of the	325
fund established in section 1533.15 of the Revised Code.	326

An applicant for a permit shall present a valid hunting	327
license issued to the applicant for the current license year under	328
section 1533.13 of the Revised Code and shall maintain a valid and	329
current hunting license thereafter while taking or attempting to	330
take game or raptors to be used for falconry purposes. A permit	331
issued under this section is not transferable. No person shall	332
carry a permit issued in the name of another person.	333

(D) Every person, while engaged in falconry on the lands of	334
another, shall carry the permit issued to the person under this	335
section together with a valid hunting license issued to the person	336
for the current license year under section 1533.13 of the Revised	337
Code and shall exhibit the permit and license to any law	338
enforcement officer requesting to see them.	339

(E) Notwithstanding any other provision of this section, of	340
any rule adopted by the chief governing falconry, or of any	341
federal regulation governing raptors, no person shall take or	342
disturb for the purpose of falconry the nest of a wild raptor or	343
any young raptor in the wild that is not yet capable of flight	344
except in such situations, and under the direct supervision of a	345
wildlife officer, where the nest otherwise would be destroyed or	346
the raptor would not survive.	347

Sec. 1533.07.  No person shall catch, kill, injure, pursue,	348
or have in the person's possession, either dead or alive, or	349
purchase, expose for sale, transport, or ship to a point within or	350
without the state, or receive or deliver for transportation any	351
bird other than a game bird, or have in the person's possession	352
any part of the plumage, skin, or body of any bird other than a	353
game bird, except as permitted in Chapter 1531. and this chapter	354
of the Revised Code, or disturb or destroy the eggs, nest, or	355
young of such a bird.	356

This section does not prohibit the lawful taking, killing,	357
pursuing, or possession of any game bird during the open season	358
for the bird. Hawks or owls causing damage to domestic animals or	359
fowl may be killed by the owner of the domestic animal or fowl	360
while the damage is occurring. Bald or golden eagles and ospreys	361
shall not be killed or possessed at any time, except that eagles	362
or ospreys may be possessed for educational purposes by	363
governmental or municipal zoological parks, museums, and	364
scientific or educational institutions. European starlings,	365
English sparrows, and common pigeons, other than homing pigeons,	366
may be killed at any time, except as provided in section 1531.021	367
of the Revised Code, and their nests or eggs may be destroyed, at	368
any time. Blackbirds may be killed at any time, except as	369
provided in section 1531.021 of the Revised Code, when doing	370
damage to grain or other property or when they become a nuisance.	371

Each bird or any part thereof taken or had in possession	372
contrary to this section constitutes a separate offense.	373

Sec. 1533.121.  Except as otherwise provided by division	374
rule, the resident driver of every motor vehicle that has caused	375
the death of a deer by striking the deer on a highway may take	376
possession of the deer, provided that within twenty-four hours	377
thereafter, hethe driver reports the accident to a wildlife	378
officer or other law enforcement officer. The officer shall	379
investigate, and, if hethe officer finds the death has been	380
caused as alleged, hethe officer shall give a certificate for	381
legal ownership of the deer to the person entitling the person to	382
the ownership of the carcass to be possessed and consumed by the	383
driver and the immediate family of the driver of the vehicle or by	384
giving the carcass. If the deer is unclaimed, the certificate for	385
legal ownership may be given to a private or public institution or	386
charity or to another person.	387

Sec. 1533.73.  (A) Except as otherwise provided in this	388
division or by division rule, licensed commercial bird shooting	389
preserves may be established in any county of the state, but no	390
such preserve shall be less than eighty acres or more than six	391
hundred forty acres in area. A commercial bird shooting preserve	392
shall be in one continuous block of land, except that the block of	393
land may be intersected by highways or roads. No commercial bird	394
shooting preserve shall be located within fifteen hundred feet of	395
any other such preserve.	396

A licensed commercial bird shooting preserve operated by a	397
municipal corporation on lands located within its corporate limits	398
is not subject to this division.	399

(B) The boundaries of each licensed commercial bird shooting	400
preserve shall be clearly defined by posting, at intervals of not	401
more than two hundred feet, with signs prescribed by the division	402
of wildlife.	403

(C) Mallard or black ducks and other game birds upon which	404
there is an open season in this state, which the chief of the	405
division may approve for such use, and that have been legally	406
acquired or propagated under the authority of a propagating	407
license issued under section 1533.71 of the Revised Code and	408
marked and banded as provided in division (D) of this section may	409
be released and harvested by shooting within the confines of any	410
licensed commercial bird shooting preserve between sunrise and	411
sunset, without regard to sex, daily bag limit, or open season,	412
and including Sundays, by licensed hunters authorized by the	413
holder of the commercial bird shooting preserve license to hunt on	414
those lands.	415

(D) All game birds released on a licensed commercial bird	416
shooting preserve shall first be banded with a leg band that shall	417
bear upon it a symbol identifying the commercial bird shooting	418
preserve. No game birds shall be possessed or transported outside	419
the licensed area unless each such bird is tagged with a suitable	420
tag or seal supplied by the division.	421

(E) The holder of a commercial bird shooting preserve	422
license shall raise, or purchase, and release on the licensed	423
commercial bird shooting preserve at least five hundred pheasants	424
annually. With the approval of the chief, the license holder may	425
raise, or purchase, and release, in lieu of pheasants, a like	426
number of other game birds. No person shall fail to release the	427
required number of game birds on a licensed commercial bird	428
shooting preserve as required by this division.	429

(F) The holder of a commercial bird shooting preserve	430
license is not liable for any damage to or destruction of growing	431
crops on land adjacent to the preserve caused by game birds	432
released on the preserve.	433

(G) No holder of a commercial bird shooting preserve license	434
shall violate this chapter or Chapter 1531. of the Revised Code or	435
any division rule.	436

Sec. 1533.731.  (A) No wild animal hunting preserve shall be	437
less than eighty acres in area. Each such preserve shall be in	438
one continuous block of land, except that the block of land may be	439
intersected by highways or roads. No wild animal hunting preserve	440
shall be located within three thousand feet of another such	441
preserve or of a commercial bird shooting preserve licensed under	442
section 1533.72 of the Revised Code.	443

The boundaries of each wild animal hunting preserve shall be	444
clearly defined by posting, at intervals of not more than two	445
hundred feet, with signs prescribed by the division of wildlife.	446
Each wild animal hunting preserve shall be surrounded by a fence	447
at least six feet in height that is constructed of a woven wire	448
mesh, or such other enclosure approved by the chief of the	449
division of wildlife.	450

(B)(1) Except as provided in divisions (B)(2) and (3) of	451
this section, game and nonnative wildlife that have been approved	452
by the chief for such use, that have been legally acquired or	453
propagated under the authority of a propagating license issued	454
under section 1533.71 of the Revised Code, and that are marked and	455
tagged as provided in division (C) of this section may be released	456
and hunted within the confines of the licensed wild animal hunting	457
preserve between sunrise and sunset, without regard to sex, bag	458
limit, or open season, and including Sundays, by licensed hunters	459
authorized by the holder of the wild animal hunting preserve	460
license to hunt on those lands. The chief shall establish, by	461
rule, the allowable methods of taking game and nonnative wildlife	462
in a wild animal hunting preserve.	463

(2) No game or nonnative wildlife on the federal endangered	464
species list established in accordance with the "Endangered	465
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531, as amended,	466
or the state endangered species list established in rules adopted	467
under section 1531.25 of the Revised Code, no bears native to	468
North America, and no large carnivores of the family Felidae shall	469
be released for hunting or hunted in any wild animal hunting	470
preserve in this state.	471

(3) No person shall release for hunting or hunt within a	472
wild animal hunting preserve any game or nonnative wildlife not	473
listed in the application for a license for that preserve.	474

(C) All game and nonnative wildlife released on a wild	475
animal hunting preserve shall be identified with a tag that shall	476
bear upon it a symbol identifying the preserve.	477

(D) For the purposes of division (B) of section 1533.02 of	478
the Revised Code, the owner or operator of a wild animal hunting	479
preserve shall furnish each person who takes any game or nonnative	480
wildlife from the preserve a certificate bearing a description of	481
the animal, the date the animal was taken, and the name of the	482
preserve.	483

(E) The chief shall adopt rules under section 1531.10 of the	484
Revised Code that provide for the safety of the public and for the	485
protection of the game and nonnative wildlife to be hunted in a	486
wild animal hunting preserve prior to their release in the	487
preserve.	488

(F) No holder of a wild animal hunting preserve license	489
shall violate Chapter 1531. or this chapter of the Revised Code or	490
any division rule.	491

(G) This section does not authorize the hunting of game	492
birds in a licensed wild animal hunting preserve.	493

Section 2. That existing sections 1531.01, 1533.05, 1533.07,	494
1533.121, 1533.73, and 1533.731 and sections 1531.021 and 1531.022	495
of the Revised Code are hereby repealed.	496