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, Grendell, Core, Wolpert

To amend sections 1531.01, 1533.05, 1533.07, 1533.121,

1

1533.73, and 1533.731, to enact section 1531.101,

2

and to repeal sections 1531.021 and 1531.022 of the

3

Revised Code to eliminate the special requirements

4

governing Sunday hunting, to authorize the adoption

5

of rules governing the hunting of migratory game

6

birds, and to revise the law governing the

7

disposition of deer killed by motor vehicles.

8

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

Section 1. That sections 1531.01, 1533.05, 1533.07, 1533.121,	9
1533.73, and 1533.731 be amended and section 1531.101 of the	10
Revised Code be enacted to read as follows:	11

Sec. 1531.01.  As used in this chapter and Chapter 1533. of	12
the Revised Code:	13

(A) "Person" means individual, company, partnership,	14
corporation, municipal corporation, association, or any	15
combination of individuals, or any employee, agent, or officer	16
thereof.	17

(B) "Resident" means any individual who has resided in this	18
state for not less than six months next preceding the date of	19
making application for a license.	20

(C) "Nonresident" means any individual who does not qualify	21
as a resident.	22

(D) "Division rule" or "rule" means any rule adopted by the	23
chief of the division of wildlife under section 1531.10 of the	24
Revised Code unless the context indicates otherwise.	25

(E) "Closed season" means that period of time during which	26
the taking of wild animals protected by this chapter and Chapter	27
1533. of the Revised Code is prohibited.	28

(F) "Open season" means that period of time during which the	29
taking of wild animals protected by this chapter and Chapter 1533.	30
of the Revised Code is permitted.	31

(G) "Take or taking" includes pursuing, shooting, hunting,	32
killing, trapping, angling, fishing with a trotline, or netting	33
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,	34
wild bird, or wild quadruped, and any lesser act, such as	35
wounding, or placing, setting, drawing, or using any other device	36
for killing or capturing any wild animal, whether it results in	37
killing or capturing the animal or not. "Take or taking" includes	38
every attempt to kill or capture and every act of assistance to	39
any other person in killing or capturing or attempting to kill or	40
capture a wild animal.	41

(H) "Possession" means both actual and constructive	42
possession and any control of things referred to.	43

(I) "Bag limit" means the number, measurement, or weight of	44
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild	45
birds, and wild quadrupeds permitted to be taken.	46

(J) "Transport and transportation" means carrying or moving	47
or causing to be carried or moved.	48

(K) "Sell and sale" means barter, exchange, or offer or	49
expose for sale.	50

(L) "Whole to include part" means that every provision	51
relating to any wild animal protected by this chapter and Chapter	52
1533. of the Revised Code applies to any part of the wild animal	53
with the same effect as it applies to the whole.	54

(M) "Angling" means fishing with not more than two hand	55
lines, not more than two units of rod and line, or a combination	56
of not more than one hand line and one rod and line, either in	57
hand or under control at any time while fishing. The hand line or	58
rod and line shall have attached to it not more than three baited	59
hooks, not more than three artificial fly rod lures, or one	60
artificial bait casting lure equipped with not more than three	61
sets of three hooks each.	62

(N) "Trotline" means a device for catching fish that	63
consists of a line having suspended from it, at frequent	64
intervals, vertical lines with hooks attached.	65

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

66

(P) "Measurement of fish" means length from the end of the	67
nose to the longest tip or end of the tail.	68

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

69

(R) "Game" includes game birds, game quadrupeds, and	70
fur-bearing animals.	71

(S) "Game birds" includes mourning doves, ringneck	72
pheasants, bobwhite quail, ruffed grouse, sharp-tailed grouse,	73
pinnated grouse, wild turkey, Hungarian partridge, Chukar	74
partridge, woodcocks, black-breasted plover, golden plover,	75
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail,	76
coots, gallinules, duck, geese, brant, and crows.	77

(T) "Nongame birds" includes all other wild birds not	78
included and defined as game birds.	79

(U) "Wild quadrupeds" includes game quadrupeds and	80
fur-bearing animals.	81

(V) "Game quadrupeds" includes cottontail rabbits, gray	82
squirrels, black squirrels, fox squirrels, red squirrels, flying	83
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,	84
wild boar, and black bears.	85

(W) "Fur-bearing animals" includes minks, weasels, raccoons,	86
skunks, opossums, muskrats, fox, beavers, badgers, otters,	87
coyotes, and bobcats.	88

(X) "Wild animals" includes mollusks, crustaceans, aquatic	89
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,	90
and all other wild mammals, but does not include domestic deer.	91

(Y) "Hunting" means pursuing, shooting, killing, following	92
after or on the trail of, lying in wait for, shooting at, or	93
wounding wild birds or wild quadrupeds while employing any device	94
commonly used to kill or wound wild birds or wild quadrupeds	95
whether or not the acts result in killing or wounding. "Hunting"	96
includes every attempt to kill or wound and every act of	97
assistance to any other person in killing or wounding or	98
attempting to kill or wound wild birds or wild quadrupeds.	99

(Z) "Trapping" means securing or attempting to secure	100
possession of a wild bird or wild quadruped by means of setting,	101
placing, drawing, or using any device that is designed to close	102
upon, hold fast, confine, or otherwise capture a wild bird or wild	103
quadruped whether or not the means results in capture. "Trapping"	104
includes every act of assistance to any other person in capturing	105
wild birds or wild quadrupeds by means of the device whether or	106
not the means results in capture.	107

(AA) "Muskrat spear" means any device used in spearing	108
muskrats.	109

(BB) "Channels and passages" means those narrow bodies of	110
water lying between islands or between an island and the mainland	111
in Lake Erie.	112

(CC) "Island" means a rock or land elevation above the	113
waters of Lake Erie having an area of five or more acres above	114
water.	115

(DD) "Reef" means an elevation of rock, either broken or in	116
place, or gravel shown by the latest United States chart to be	117
above the common level of the surrounding bottom of the lake,	118
other than the rock bottom, or in place forming the base or	119
foundation rock of an island or mainland and sloping from the	120
shore of it. "Reef" also means all elevations shown by that chart	121
to be above the common level of the sloping base or foundation	122
rock of an island or mainland, whether running from the shore of	123
an island or parallel with the contour of the shore of an island	124
or in any other way and whether formed by rock, broken or in	125
place, or from gravel.	126

(EE) "Fur farm" means any area used exclusively for raising	127
fur-bearing animals or in addition thereto used for hunting game,	128
the boundaries of which are plainly marked as such.	129

(FF) "Waters" includes any lake, pond, reservoir, stream,	130
channel, lagoon, or other body of water, or any part thereof,	131
whether natural or artificial.	132

(GG) "Crib" or "car" refers to that particular compartment	133
of the net from which the fish are taken when the net is lifted.	134

(HH) "Commercial fish" means those species of fish permitted	135
to be taken, possessed, bought, or sold unless otherwise	136
restricted by the Revised Code or division rule and are alewife	137
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin	138
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),	139
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus	140
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead	141
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel	142
catfish (Ictalurus punctatus), flathead catfish (Pylodictis	143
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),	144
freshwater drum or sheepshead (Aplodinotus grunniens), gar	145
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish	146
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye	147
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt	148
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus	149
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other	150
than buffalo and quillback (Carpiodes sp., Catostomus sp.,	151
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone	152
chrysops), white perch (Roccus americanus), and yellow perch	153
(Perca flavescens). When the common name of a fish is used in	154
this chapter or Chapter 1533. of the Revised Code, it refers to	155
the fish designated by the scientific name in this definition.	156

(II) "Fishing" means taking or attempting to take fish by	157
any method, and all other acts such as placing, setting, drawing,	158
or using any device commonly used to take fish whether resulting	159
in a taking or not.	160

(JJ) "Fillet" means the pieces of flesh taken or cut from	161
both sides of a fish, joined to form one piece of flesh.	162

(KK) "Part fillet" means a piece of flesh taken or cut from	163
one side of a fish.	164

(LL) "Round" when used in describing fish means with head	165
and tail intact.	166

(MM) "Migrate" means the transit or movement of fish to or	167
from one place to another as a result of natural forces or	168
instinct and includes, but is not limited to, movement of fish	169
induced or caused by changes in the water flow.	170

(NN) "Spreader bar" means a brail or rigid bar placed across	171
the entire width of the back, at the top and bottom of the cars in	172
all trap, crib, and fyke nets for the purpose of keeping the	173
meshes hanging squarely while the nets are fishing.	174

(OO) "Fishing guide" means any person who, for consideration	175
or hire, operates a boat, rents, leases, or otherwise furnishes	176
angling devices, ice fishing shanties or shelters of any kind, or	177
other fishing equipment, and accompanies, guides, directs, or	178
assists any other person in order for the other person to engage	179
in fishing.	180

(PP) "Net" means fishing devices with meshes composed of	181
twine or synthetic material and includes, but is not limited to,	182
trap nets, fyke nets, crib nets, carp aprons, dip nets, and	183
seines, except minnow seines and minnow dip nets.	184

(QQ) "Commercial fishing gear" means seines, trap nets, fyke	185
nets, dip nets, carp aprons, trotlines, other similar gear, and	186
any boat used in conjunction with that gear, but does not include	187
gill nets.	188

(RR) "Native wildlife" means any species of the animal	189
kingdom indigenous to this state.	190

(SS) "Gill net" means a single section of fabric or netting	191
seamed to a float line at the top and a lead line at the bottom,	192
which is designed to entangle fish in the net openings as they	193
swim into it.	194

(TT) "Tag fishing tournament" means a contest in which a	195
participant pays a fee, or gives other valuable consideration, for	196
a chance to win a prize by virtue of catching a tagged or	197
otherwise specifically marked fish within a limited period of	198
time, but does not include a scheme of chance conducted under	199
division (D)(1) of section 2915.02 of the Revised Code.	200

(UU) "Tenant" means an individual who resides on land for	201
which the individual pays rent and whose annual income is	202
primarily derived from agricultural production conducted on that	203
land, as "agricultural production" is defined in section 929.01 of	204
the Revised Code.	205

(VV) "Nonnative wildlife" means any wild animal not	206
indigenous to this state, but does not include domestic deer.	207

(WW) "Reptiles" includes common musk turtle (sternotherus	208
odoratus), common snapping turtle (Chelydra serpentina	209
serpentina), spotted turtle (Clemmys guttata), eastern box turtle	210
(Terrapene carolina carolina), Blanding's turtle (Emydoidea	211
blandingii), common map turtle (Graptemys geographica), ouachita	212
map turtle (Graptemys pseudogeographica ouachitensis), midland	213
painted turtle (Chrysemys picta marginata), red-eared slider	214
(Trachemys scripta elegans), eastern spiny softshell turtle	215
(Apalone spinifera spinifera), midland smooth softshell turtle	216
(Apalone mutica mutica), northern fence lizard (Sceloporus	217
undulatus hyacinthinus), ground skink (Scincella lateralis),	218
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces	219
laticeps), northern coal skink (Eumeces anthracinus anthracinus),	220
European wall lizard (Podarcis muralis), queen snake (Regina	221
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern	222
water snake (Nerodia sipedon sipedon), Lake Erie watersnake	223
(Nerodia sipedon insularum), copperbelly water snake (Nerodia	224
erythrogaster neglecta), northern brown snake (Storeria dekayi	225
dekayi), midland brown snake (Storeria dekayi wrightorum),	226
northern redbelly snake (Storeria occipitomaculata	227
occipitomaculata), eastern garter snake (Thamnophis sirtalis	228
sirtalis), eastern plains garter snake (Thamnophis radix radix),	229
Butler's garter snake (Thamnophis butleri), shorthead garter snake	230
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis	231
sauritus sauritus), northern ribbon snake (Thamnophis sauritus	232
septentrionalis), eastern hognose snake (Heterodon platirhinos),	233
eastern smooth earth snake (Virginia valeriae valeriae), northern	234
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake	235
(Carphophis amoenus helenae), eastern worm snake (Carphophis	236
amoenus amoenus), black racer (Coluber constrictor constrictor),	237
blue racer (Coluber constrictor foxii), rough green snake	238
(opheodrys aestivus), smooth green snake (opheodrys vernalis	239
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox	240
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis	241
getula nigra), eastern milk snake (Lampropeltis triangulum	242
triangulum), northern copperhead (Agkistrodon contortrix mokasen),	243
eastern massasauga (Sistrurus catenatus catenatus), and timber	244
rattlesnake (Crotalus horridus horridus).	245

(XX) "Amphibians" includes eastern hellbender	246
(Crytpobranchus alleganiensis alleganiensis), mudpuppy (Necturus	247
maculosus maculosus), red-spotted newt (Notophthalmus viridescens	248
viridescens), Jefferson salamander (Ambystoma jeffersonianum),	249
spotted salamander (Ambystoma maculatum), blue-spotted salamander	250
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),	251
streamside salamander (Ambystoma barbouri), marbled salamander	252
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum	253
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),	254
mountain dusky salamander (Desmognathus ochrophaeus), redback	255
salamander (Plethodon cinereus), ravine salamander (Plethodon	256
richmondi), northern slimy salamander (Plethodon glutinosus),	257
Wehrle's salamander (Plethodon wehrlei), four-toed salamander	258
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus	259
porphyriticus duryi), northern spring salamander (Gyrinophilus	260
porphyriticus porphyriticus), mud salamander (Pseudotriton	261
montanus), northern red salamander (Pseudotriton ruber ruber),	262
green salamander (Aneides aeneus), northern two-lined salamander	263
(Eurycea bislineata), longtail salamander (Eurycea longicauda	264
longicauda), cave salamander (Eurycea lucifuga), southern	265
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo	266
woodhousii fowleri), American toad (Bufo americanus), eastern	267
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris	268
crepitans blanchardi), northern spring peeper (Pseudacris crucifer	269
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog	270
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata	271
triseriata), mountain chorus frog (Pseudacris brachyphona),	272
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),	273
northern leopard frog (Rana pipiens), pickerel frog (Rana	274
palustris), southern leopard frog (Rana utricularia), and wood	275
frog (Rana sylvatica).	276

(YY) "Deer" means white-tailed deer (Oddocoileus	277
virginianus).	278

(ZZ) "Domestic deer" means nonnative deer that have been	279
legally acquired or their offspring and that are held in private	280
ownership for primarily agricultural purposes.	281

(AAA) "Migratory game bird" includes waterfowl (Anatidae);	282
doves (Columbidae); cranes (Gruidae); rails, coots, and gallinules	283
(Rallidae); and woodcock and snipe (Scolopacidae).	284

Sec. 1531.101. In addition to any other authority conferred	285
on the chief of the division of wildlife, the chief may adopt	286
rules under section 111.15 of the Revised Code that are necessary	287
to establish acceptable methods of taking migratory game birds	288
together with bag limits and designated seasons, areas, and hours	289
for hunting them.	290

Sec. 1533.05.  (A) As used in this section and section	291
1533.051 of the Revised Code, "raptor" means a live migratory bird	292
of the family Falconidae or of the family Accipitridae other than	293
a bald eagle (Haliaeetus leucocephalus).	294

(B) The chief of the division of wildlife may authorize the	295
taking, possession, and transportation of raptors for use in the	296
sport of falconry by rules adopted pursuant to section 1531.08 of	297
the Revised Code. The rules shall be consistent with federal	298
regulations governing raptors and may authorize the taking of game	299
by the use of raptors, including taking with a trained raptor and	300
a dog.	301

The chief, by rules adopted pursuant to section 1531.08 of	302
the Revised Code, may do all of the following:	303

(1) Notwithstanding any other rule governing the taking of	304
quail, authorize a person engaged in the sport of falconry to	305
permit the person's raptor to take quail;	306

(2) Authorize a person engaged in the sport of falconry to	307
permit the person's raptor to take game on Sunday within legal	308
seasons;	309

(3) Authorize special falconry seasons;

310

(4)(3) Authorize a person engaged in the sport of falconry	311
to possess and to permit the person's raptor to take European	312
starlings, English sparrows, and common pigeons, other than homing	313
pigeons, at any time.	314

(C) No person shall take, possess, or transport a raptor for	315
use in the sport of falconry or shall practice falconry without a	316
permit to do so issued by the chief. The duration of the permit	317
shall be consistent with applicable federal requirements. The	318
chief may require a separate permit for the taking of raptors.	319

The fees for permits shall be set by the chief in amounts	320
sufficient to cover the expenses of the division of wildlife in	321
exercising its authority under this section and may vary according	322
to class and type of permit. Moneys received from the sale of	323
permits shall be paid into the state treasury to the credit of the	324
fund established in section 1533.15 of the Revised Code.	325

An applicant for a permit shall present a valid hunting	326
license issued to the applicant for the current license year under	327
section 1533.13 of the Revised Code and shall maintain a valid and	328
current hunting license thereafter while taking or attempting to	329
take game or raptors to be used for falconry purposes. A permit	330
issued under this section is not transferable. No person shall	331
carry a permit issued in the name of another person.	332

(D) Every person, while engaged in falconry on the lands of	333
another, shall carry the permit issued to the person under this	334
section together with a valid hunting license issued to the person	335
for the current license year under section 1533.13 of the Revised	336
Code and shall exhibit the permit and license to any law	337
enforcement officer requesting to see them.	338

(E) Notwithstanding any other provision of this section, of	339
any rule adopted by the chief governing falconry, or of any	340
federal regulation governing raptors, no person shall take or	341
disturb for the purpose of falconry the nest of a wild raptor or	342
any young raptor in the wild that is not yet capable of flight	343
except in such situations, and under the direct supervision of a	344
wildlife officer, where the nest otherwise would be destroyed or	345
the raptor would not survive.	346

Sec. 1533.07.  No person shall catch, kill, injure, pursue,	347
or have in the person's possession, either dead or alive, or	348
purchase, expose for sale, transport, or ship to a point within or	349
without the state, or receive or deliver for transportation any	350
bird other than a game bird, or have in the person's possession	351
any part of the plumage, skin, or body of any bird other than a	352
game bird, except as permitted in Chapter 1531. and this chapter	353
of the Revised Code, or disturb or destroy the eggs, nest, or	354
young of such a bird.	355

This section does not prohibit the lawful taking, killing,	356
pursuing, or possession of any game bird during the open season	357
for the bird. Hawks or owls causing damage to domestic animals or	358
fowl may be killed by the owner of the domestic animal or fowl	359
while the damage is occurring. Bald or golden eagles and ospreys	360
shall not be killed or possessed at any time, except that eagles	361
or ospreys may be possessed for educational purposes by	362
governmental or municipal zoological parks, museums, and	363
scientific or educational institutions. European starlings,	364
English sparrows, and common pigeons, other than homing pigeons,	365
may be killed at any time, except as provided in section 1531.021	366
of the Revised Code, and their nests or eggs may be destroyed, at	367
any time. Blackbirds may be killed at any time, except as	368
provided in section 1531.021 of the Revised Code, when doing	369
damage to grain or other property or when they become a nuisance.	370

Each bird or any part thereof taken or had in possession	371
contrary to this section constitutes a separate offense.	372

Sec. 1533.121.  Except as otherwise provided by division	373
rule, the resident driver of every motor vehicle that has caused	374
the death of a deer by striking the deer on a highway may take	375
possession of the deer, provided that within twenty-four hours	376
thereafter, hethe driver reports the accident to a wildlife	377
officer or other law enforcement officer. The officer shall	378
investigate, and, if hethe officer finds the death has been	379
caused as alleged, hethe officer shall give a certificate for	380
legal ownership of the deer to the person entitling the person to	381
the ownership of the carcass to be possessed and consumed by the	382
driver and the immediate family of the driver of the vehicle or by	383
giving the carcass. If the deer is unclaimed, the certificate for	384
legal ownership may be given to a private or public institution or	385
charity or to another person.	386

Sec. 1533.73.  (A) Except as otherwise provided in this	387
division or by division rule, licensed commercial bird shooting	388
preserves may be established in any county of the state, but no	389
such preserve shall be less than eighty acres or more than six	390
hundred forty acres in area. A commercial bird shooting preserve	391
shall be in one continuous block of land, except that the block of	392
land may be intersected by highways or roads. No commercial bird	393
shooting preserve shall be located within fifteen hundred feet of	394
any other such preserve.	395

A licensed commercial bird shooting preserve operated by a	396
municipal corporation on lands located within its corporate limits	397
is not subject to this division.	398

(B) The boundaries of each licensed commercial bird shooting	399
preserve shall be clearly defined by posting, at intervals of not	400
more than two hundred feet, with signs prescribed by the division	401
of wildlife.	402

(C) Mallard or black ducks and other game birds upon which	403
there is an open season in this state, which the chief of the	404
division may approve for such use, and that have been legally	405
acquired or propagated under the authority of a propagating	406
license issued under section 1533.71 of the Revised Code and	407
marked and banded as provided in division (D) of this section may	408
be released and harvested by shooting within the confines of any	409
licensed commercial bird shooting preserve between sunrise and	410
sunset, without regard to sex, daily bag limit, or open season,	411
and including Sundays, by licensed hunters authorized by the	412
holder of the commercial bird shooting preserve license to hunt on	413
those lands.	414

(D) All game birds released on a licensed commercial bird	415
shooting preserve shall first be banded with a leg band that shall	416
bear upon it a symbol identifying the commercial bird shooting	417
preserve. No game birds shall be possessed or transported outside	418
the licensed area unless each such bird is tagged with a suitable	419
tag or seal supplied by the division.	420

(E) The holder of a commercial bird shooting preserve	421
license shall raise, or purchase, and release on the licensed	422
commercial bird shooting preserve at least five hundred pheasants	423
annually. With the approval of the chief, the license holder may	424
raise, or purchase, and release, in lieu of pheasants, a like	425
number of other game birds. No person shall fail to release the	426
required number of game birds on a licensed commercial bird	427
shooting preserve as required by this division.	428

(F) The holder of a commercial bird shooting preserve	429
license is not liable for any damage to or destruction of growing	430
crops on land adjacent to the preserve caused by game birds	431
released on the preserve.	432

(G) No holder of a commercial bird shooting preserve license	433
shall violate this chapter or Chapter 1531. of the Revised Code or	434
any division rule.	435

Sec. 1533.731.  (A) No wild animal hunting preserve shall be	436
less than eighty acres in area. Each such preserve shall be in	437
one continuous block of land, except that the block of land may be	438
intersected by highways or roads. No wild animal hunting preserve	439
shall be located within three thousand feet of another such	440
preserve or of a commercial bird shooting preserve licensed under	441
section 1533.72 of the Revised Code.	442

The boundaries of each wild animal hunting preserve shall be	443
clearly defined by posting, at intervals of not more than two	444
hundred feet, with signs prescribed by the division of wildlife.	445
Each wild animal hunting preserve shall be surrounded by a fence	446
at least six feet in height that is constructed of a woven wire	447
mesh, or such other enclosure approved by the chief of the	448
division of wildlife.	449

(B)(1) Except as provided in divisions (B)(2) and (3) of	450
this section, game and nonnative wildlife that have been approved	451
by the chief for such use, that have been legally acquired or	452
propagated under the authority of a propagating license issued	453
under section 1533.71 of the Revised Code, and that are marked and	454
tagged as provided in division (C) of this section may be released	455
and hunted within the confines of the licensed wild animal hunting	456
preserve between sunrise and sunset, without regard to sex, bag	457
limit, or open season, and including Sundays, by licensed hunters	458
authorized by the holder of the wild animal hunting preserve	459
license to hunt on those lands. The chief shall establish, by	460
rule, the allowable methods of taking game and nonnative wildlife	461
in a wild animal hunting preserve.	462

(2) No game or nonnative wildlife on the federal endangered	463
species list established in accordance with the "Endangered	464
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531, as amended,	465
or the state endangered species list established in rules adopted	466
under section 1531.25 of the Revised Code, no bears native to	467
North America, and no large carnivores of the family Felidae shall	468
be released for hunting or hunted in any wild animal hunting	469
preserve in this state.	470

(3) No person shall release for hunting or hunt within a	471
wild animal hunting preserve any game or nonnative wildlife not	472
listed in the application for a license for that preserve.	473

(C) All game and nonnative wildlife released on a wild	474
animal hunting preserve shall be identified with a tag that shall	475
bear upon it a symbol identifying the preserve.	476

(D) For the purposes of division (B) of section 1533.02 of	477
the Revised Code, the owner or operator of a wild animal hunting	478
preserve shall furnish each person who takes any game or nonnative	479
wildlife from the preserve a certificate bearing a description of	480
the animal, the date the animal was taken, and the name of the	481
preserve.	482

(E) The chief shall adopt rules under section 1531.10 of the	483
Revised Code that provide for the safety of the public and for the	484
protection of the game and nonnative wildlife to be hunted in a	485
wild animal hunting preserve prior to their release in the	486
preserve.	487

(F) No holder of a wild animal hunting preserve license	488
shall violate Chapter 1531. or this chapter of the Revised Code or	489
any division rule.	490

(G) This section does not authorize the hunting of game	491
birds in a licensed wild animal hunting preserve.	492

Section 2. That existing sections 1531.01, 1533.05, 1533.07,	493
1533.121, 1533.73, and 1533.731 and sections 1531.021 and 1531.022	494
of the Revised Code are hereby repealed.	495