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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 |
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)
| 307 |
308 | |
309 |
| 310 |
| 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 | 366 |
367 | |
any time. Blackbirds may be killed at any
time | 368 |
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
| 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,
| 377 |
officer or other law enforcement officer. The officer shall | 378 |
investigate, and, if
| 379 |
caused as alleged,
| 380 |
legal ownership of the deer
to the
| 381 |
382 | |
driver
| 383 |
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 |
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,
| 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 |