(G) "Take or taking" includes pursuing, shooting, hunting, | 31 |
killing, trapping, angling, fishing with a trotline, or netting | 32 |
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, | 33 |
wild bird, or wild quadruped, and any lesser act, such as | 34 |
wounding, or placing, setting, drawing, or using any other device | 35 |
for killing or capturing any wild animal, whether it results in | 36 |
killing or capturing the animal or not. "Take or taking" includes | 37 |
every
attempt to kill or capture and every act of assistance to | 38 |
any
other person in killing or capturing or attempting to kill or | 39 |
capture a wild animal. | 40 |
(S) "Game birds" includes mourning doves, ringneck
pheasants, | 71 |
bobwhite quail, ruffed grouse,
sharp-tailed grouse,
pinnated | 72 |
grouse, wild turkey, Hungarian
partridge, Chukar
partridge, | 73 |
woodcocks, black-breasted plover,
golden plover,
Wilson's snipe or | 74 |
jacksnipe, greater and lesser
yellowlegs, rail,
coots, gallinules, | 75 |
duck, geese, brant, and
crows. | 76 |
(DD) "Reef" means an elevation of rock, either broken or
in | 114 |
place, or gravel shown by the latest United States chart to be | 115 |
above the common level of the surrounding bottom of the lake, | 116 |
other than the rock bottom, or in place forming the base or | 117 |
foundation rock of an island or mainland and sloping from the | 118 |
shore of it. "Reef" also means all elevations shown by
that
chart | 119 |
to be above the common level of the sloping base or
foundation | 120 |
rock of an island or mainland, whether running from
the shore of | 121 |
an island or parallel with the contour of the shore
of an island | 122 |
or in any other way and whether formed by rock, broken
or in | 123 |
place, or from gravel. | 124 |
(HH) "Commercial fish" means those species of fish
permitted | 133 |
to be taken, possessed, bought, or sold unless
otherwise | 134 |
restricted by the Revised Code or division rule and
are alewife | 135 |
(Alosa pseudoharengus), American eel (Anguilla
rostrata), bowfin | 136 |
(Amia calva), burbot (Lota lota), carp
(Cyprinus carpio), | 137 |
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo
(Ictiobus | 138 |
cyprinellus), black bullhead (Ictalurus
melas), yellow bullhead | 139 |
(Ictalurus natalis), brown
bullhead
(Ictalurus nebulosus), channel | 140 |
catfish (Ictalurus punctatus),
flathead catfish (Pylodictis | 141 |
olivaris), whitefish (Coregonus
sp.), cisco (Coregonus sp.), | 142 |
freshwater drum or sheepshead
(Aplodinotus grunniens), gar | 143 |
(Lepisosteus sp.), gizzard shad
(Dorosoma cepedianum), goldfish | 144 |
(Carassius auratus), lake trout
(Salvelinus namaycush), mooneye | 145 |
(Hiodon tergisus), quillback
(Carpiodes cyprinus), smelt | 146 |
(Allosmerus elongatus, Hypomesus sp.,
Osmerus sp., Spirinchus | 147 |
sp.), sturgeon (Acipenser sp.,
Scaphirhynchus sp.), sucker other | 148 |
than buffalo and quillback
(Carpiodes sp., Catostomus sp., | 149 |
Hypentelium sp., Minytrema sp.,
Moxostoma sp.), white bass (Morone | 150 |
chrysops), white perch (Roccus
americanus), and yellow perch | 151 |
(Perca flavescens). When the
common name of a fish is used in
this | 152 |
chapter or Chapter 1533. of
the Revised Code, it refers to
the | 153 |
fish designated by the
scientific name in this definition. | 154 |
(WW) "Reptiles" includes common musk turtle
(sternotherus | 205 |
odoratus), common snapping turtle (Chelydra
serpentina | 206 |
serpentina), spotted turtle (Clemmys guttata), eastern box
turtle | 207 |
(Terrapene carolina carolina),
Blanding's turtle (Emydoidea | 208 |
blandingii), common
map turtle (Graptemys geographica), ouachita | 209 |
map turtle
(Graptemys pseudogeographica ouachitensis), midland | 210 |
painted turtle
(Chrysemys picta marginata), red-eared slider | 211 |
(Trachemys
scripta elegans), eastern spiny softshell turtle | 212 |
(Apalone spinifera
spinifera), midland smooth softshell turtle | 213 |
(Apalone mutica
mutica), northern fence lizard (Sceloporus | 214 |
undulatus
hyacinthinus), ground skink (Scincella lateralis), | 215 |
five-lined skink
(Eumeces fasciatus), broadhead skink (Eumeces | 216 |
laticeps),
northern coal skink (Eumeces anthracinus anthracinus), | 217 |
European wall lizard (Podarcis muralis), queen snake
(Regina | 218 |
septemvittata), Kirtland's snake (Clonophis
kirtlandii), northern | 219 |
water snake (Nerodia sipedon sipedon),
Lake
Erie watersnake | 220 |
(Nerodia sipedon insularum), copperbelly
water snake (Nerodia | 221 |
erythrogaster
neglecta), northern brown snake (Storeria dekayi | 222 |
dekayi),
midland brown snake (Storeria
dekayi wrightorum), | 223 |
northern redbelly snake
(Storeria occipitomaculata | 224 |
occipitomaculata), eastern garter snake
(Thamnophis sirtalis | 225 |
sirtalis), eastern plains garter snake
(Thamnophis radix radix), | 226 |
Butler's garter snake
(Thamnophis butleri), shorthead garter snake | 227 |
(Thamnophis
brachystoma), eastern ribbon snake (Thamnophis | 228 |
sauritus sauritus), northern ribbon snake (Thamnophis sauritus | 229 |
septentrionalis), eastern hognose snake (Heterodon platirhinos), | 230 |
eastern
smooth earth snake (Virginia valeriae valeriae), northern | 231 |
ringneck
snake (Diadophis punctatus edwardsii), midwest worm snake | 232 |
(Carphophis amoenus helenae), eastern worm snake (Carphophis | 233 |
amoenus amoenus), black racer (Coluber constrictor constrictor), | 234 |
blue
racer (Coluber constrictor foxii), rough green snake | 235 |
(opheodrys aestivus), smooth green snake (opheodrys
vernalis | 236 |
vernalis), black rat snake (Elaphe obsoleta obsoleta),
eastern fox | 237 |
snake (Elaphe
vulpina gloydi), black kingsnake (Lampropeltis | 238 |
getula nigra),
eastern milk snake (Lampropeltis triangulum | 239 |
triangulum), northern
copperhead (Agkistrodon contortrix mokasen), | 240 |
eastern massasauga
(Sistrurus catenatus catenatus), and timber | 241 |
rattlesnake
(Crotalus horridus horridus). | 242 |
(XX) "Amphibians" includes eastern hellbender
(Crytpobranchus | 243 |
alleganiensis alleganiensis), mudpuppy (Necturus
maculosus | 244 |
maculosus),
red-spotted newt
(Notophthalmus viridescens | 245 |
viridescens), Jefferson
salamander (Ambystoma jeffersonianum), | 246 |
spotted salamander
(Ambystoma maculatum), blue-spotted salamander | 247 |
(Ambystoma
laterale), smallmouth salamander (Ambystoma texanum), | 248 |
streamside
salamander (Ambystoma barbouri), marbled salamander | 249 |
(Ambystoma opacum), eastern tiger salamander (Ambystoma
tigrinum | 250 |
tigrinum), northern dusky salamander
(Desmognathus fuscus fuscus), | 251 |
mountain dusky salamander
(Desmognathus ochrophaeus), redback | 252 |
salamander (Plethodon
cinereus), ravine salamander (Plethodon | 253 |
richmondi), northern slimy
salamander (Plethodon glutinosus), | 254 |
Wehrle's salamander
(Plethodon wehrlei), four-toed salamander | 255 |
(Hemidactylium
scutatum), Kentucky spring salamander (Gyrinophilus | 256 |
porphyriticus duryi), northern spring salamander (Gyrinophilus | 257 |
porphyriticus porphyriticus), mud
salamander (Pseudotriton | 258 |
montanus), northern red salamander
(Pseudotriton ruber ruber), | 259 |
green salamander (Aneides
aeneus),
northern two-lined salamander | 260 |
(Eurycea bislineata), longtail
salamander (Eurycea longicauda | 261 |
longicauda), cave salamander
(Eurycea
lucifuga), southern | 262 |
two-lined salamander (Eurycea cirrigera),
Fowler's toad (Bufo | 263 |
woodhousii fowleri),
American toad (Bufo americanus), eastern | 264 |
spadefoot
(Scaphiopus holbrookii), Blanchard's cricket frog
(Acris | 265 |
crepitans blanchardi), northern spring peeper
(Pseudacris
crucifer | 266 |
crucifer), gray treefrog (Hyla versicolor),
Cope's gray treefrog | 267 |
(Hyla chrysoscelis), western
chorus frog (Pseudacris triseriata | 268 |
triseriata), mountain chorus frog
(Pseudacris brachyphona), | 269 |
bullfrog (Rana catesbeiana),
green frog (Rana clamitans melanota), | 270 |
northern leopard frog
(Rana pipiens), pickerel frog (Rana | 271 |
palustris), southern
leopard frog (Rana utricularia), and wood | 272 |
frog (Rana sylvatica). | 273 |
Sec. 1533.10. Except as provided in this section or
division | 285 |
(A) of section 1533.12 of the Revised Code, no person
shall hunt | 286 |
any wild bird or wild quadruped without a hunting
license. Each | 287 |
day that any person hunts within the state without
procuring such | 288 |
a license constitutes a separate offense. Except as otherwise | 289 |
provided in this section, every
applicant for a hunting license | 290 |
who is a resident of the state
and sixteeneighteen years of age | 291 |
or more shall
procure a resident hunting license or an apprentice | 292 |
resident hunting license,
the fee for which shall be eighteen | 293 |
dollars, unless the rules
adopted under division (B) of section | 294 |
1533.12 of the Revised Code
provide for issuance of a resident | 295 |
hunting license to the
applicant free of charge. Except as | 296 |
provided in rules adopted under division (B)(2) of that section, | 297 |
each applicant who is a resident of this state and who at the time | 298 |
of application is sixty-six years of age or older shall procure a | 299 |
special senior hunting license, the fee for which shall be | 300 |
one-half of the regular hunting license fee. Every applicant who | 301 |
is under the age of sixteeneighteen years shall procure a
special | 302 |
youth hunting license or an apprentice youth hunting license, the | 303 |
fee for which shall be
one-half of the regular hunting license | 304 |
fee. The owner of lands in the
state and the
owner's children of | 305 |
any
age and grandchildren under eighteen years of age may hunt
on | 306 |
the lands
without a hunting license. The tenant and children of | 307 |
the tenant, residing on lands in the state, may hunt
on them | 308 |
without a hunting license. Every applicant for
a hunting
license | 309 |
who is a nonresident of the state and who is sixteeneighteen | 310 |
years of age or older shall procure a
nonresident hunting license | 311 |
or an apprentice nonresident hunting license, the fee for which | 312 |
shall be
one hundred twenty-four dollars, unless the applicant is | 313 |
a resident of a state that is a
party to an agreement under | 314 |
section 1533.91 of the Revised Code,
in which case the fee shall | 315 |
be eighteen dollars. Apprentice resident hunting licenses, | 316 |
apprentice youth hunting licenses, and apprentice nonresident | 317 |
hunting licenses are subject to the requirements established under | 318 |
section 1533.102 of the Revised Code and rules adopted pursuant to | 319 |
it. | 320 |
The chief of the division of wildlife may issue a
small game | 321 |
hunting license expiring three days from the effective
date of the | 322 |
license to a nonresident of the state, the fee for
which shall be | 323 |
thirty-nine dollars. No person shall take or
possess deer, wild | 324 |
turkeys, fur-bearing animals, ducks, geese, brant,
or any nongame | 325 |
animal while
possessing only a
small game hunting license. A
small | 326 |
game hunting license or an apprentice nonresident hunting license | 327 |
does not authorize the taking or possessing of
ducks, geese, or | 328 |
brant without having obtained, in addition to
the small game | 329 |
hunting license or the apprentice nonresident hunting license, a | 330 |
wetlands habitat
stamp as provided in section 1533.112 of the | 331 |
Revised Code. A
small game hunting license or an apprentice | 332 |
nonresident hunting license does not authorize the taking
or | 333 |
possessing of deer, wild turkeys, or fur-bearing animals. A | 334 |
nonresident of the state who wishes to take or possess deer,
wild | 335 |
turkeys, or fur-bearing animals in this state shall
procure, | 336 |
respectively, a special deer or wild turkey permit as
provided in | 337 |
section 1533.11 of the Revised Code or a fur
taker permit as | 338 |
provided in section 1533.111 of the Revised
Code in addition to a | 339 |
nonresident hunting license or, an apprentice nonresident hunting | 340 |
license, a special youth hunting license, or an apprentice youth | 341 |
hunting license, as applicable, as provided in this
section. | 342 |
No hunting license, other than an apprentice hunting license, | 363 |
shall be issued unless the applicant
presents to the agent | 364 |
authorized to issue the license a
previously held hunting license | 365 |
or evidence of having held such a
license in content and manner | 366 |
approved by the chief, a
certificate of completion issued upon | 367 |
completion of a hunter
education and conservation course approved | 368 |
by the chief, or
evidence of equivalent training in content and | 369 |
manner approved by
the chief. A previously held apprentice hunting | 370 |
license does not satisfy the requirement concerning the | 371 |
presentation of a previously held hunting license or evidence of | 372 |
it. | 373 |
No person shall issue a hunting license, except an apprentice | 374 |
hunting license, to any person who
fails to present the evidence | 375 |
required by this section. No
person shall purchase or obtain a | 376 |
hunting license, other than an apprentice hunting license, without | 377 |
presenting to the issuing agent the evidence required by this | 378 |
section. Issuance of a hunting license in violation of the | 379 |
requirements of this section is an offense by both the purchaser | 380 |
of the illegally obtained hunting license and the clerk or agent | 381 |
who issued the hunting license. Any hunting license issued in | 382 |
violation of this section is void. | 383 |
The chief, with approval of the wildlife council, shall
adopt | 384 |
rules prescribing a hunter education and conservation
course for | 385 |
first-time hunting license buyers, other than buyers of apprentice | 386 |
hunting licenses, and for volunteer
instructors. The course shall | 387 |
consist of subjects including, but
not limited to, hunter safety | 388 |
and health, use of hunting
implements, hunting tradition and | 389 |
ethics, the hunter and
conservation, the law in section 1533.17
of | 390 |
the Revised Code along with the penalty for
its
violation, | 391 |
including a description of terms of imprisonment and fines that | 392 |
may
be imposed, and other law relating to hunting.
Authorized | 393 |
personnel of the division or volunteer instructors approved by
the | 394 |
chief shall conduct such courses with such frequency and at
such | 395 |
locations throughout the state as to reasonably meet the
needs of | 396 |
license applicants. The chief shall issue a certificate
of | 397 |
completion to each person who successfully completes the
course | 398 |
and passes an examination prescribed by the chief. | 399 |
Sec. 1533.111. Except as provided in this section or | 424 |
division (A) of section 1533.12 of the Revised Code, no person | 425 |
shall hunt or trap fur-bearing animals on land of another without | 426 |
first obtaining some type of an annual fur taker permit. Each | 427 |
applicant for a
fur taker permit or an apprentice fur taker permit | 428 |
shall pay an annual fee of fourteen dollars for
the permit, except | 429 |
as otherwise provided in this section or
unless the rules adopted | 430 |
under division (B) of section 1533.12 of
the Revised Code provide | 431 |
for issuance of a fur taker permit to
the applicant free of | 432 |
charge. Except as provided in rules adopted under division (B)(2) | 433 |
of that section, each applicant who is a resident of this state | 434 |
and who at the time of application is sixty-six years of age or | 435 |
older shall procure a special senior fur taker permit, the fee for | 436 |
which shall be one-half of the regular fur taker permit fee. Each | 437 |
applicant who is a resident
of the state and under the age of | 438 |
sixteeneighteen years shall procure a
special youth fur taker | 439 |
permit or an apprentice youth fur taker permit, the fee for which | 440 |
shall be
one-half of the regular fur taker permit fee. TheEach | 441 |
type of fur taker permit shall run concurrently with
the hunting | 442 |
license. The money received shall be paid into the
state treasury | 443 |
to the credit of the fund established in section
1533.15 of the | 444 |
Revised Code. Apprentice fur taker permits and apprentice youth | 445 |
fur taker permits are subject to the requirements established | 446 |
under section 1533.102 of the Revised Code and rules adopted | 447 |
pursuant to it. | 448 |
No fur taker permit, other than an apprentice fur taker | 454 |
permit or an apprentice youth fur taker permit, shall be issued | 455 |
unless the applicant
presents to the agent authorized to issue a | 456 |
fur taker permit a
previously held hunting license or trapping or | 457 |
fur taker permit
or evidence of having held such a license or | 458 |
permit in content and
manner approved by the chief of the division | 459 |
of wildlife, a
certificate of completion issued upon completion of | 460 |
a trapper
education course approved by the chief, or evidence of | 461 |
equivalent
training in content and manner approved by the chief. A | 462 |
previously held apprentice hunting license, apprentice fur taker | 463 |
permit, or apprentice youth fur taker permit does not satisfy the | 464 |
requirement concerning the presentation of a previously held | 465 |
hunting license or fur taker permit or evidence of such a license | 466 |
or permit. | 467 |
No person shall issue a fur taker permit, other than an | 468 |
apprentice fur taker permit or an apprentice youth fur taker | 469 |
permit, to any person who
fails to present the evidence required | 470 |
by this section. No
person shall purchase or obtain a fur taker | 471 |
permit, other than an apprentice fur taker permit or an apprentice | 472 |
youth fur taker permit, without
presenting to the issuing agent | 473 |
the evidence required by this
section. Issuance of a fur taker | 474 |
permit in violation of the
requirements of this section is an | 475 |
offense by both the purchaser
of the illegally obtained permit and | 476 |
the clerk or agent who
issued the permit. Any fur taker permit | 477 |
issued in violation of
this section is void. | 478 |
The chief, with approval of the wildlife council, shall
adopt | 479 |
rules prescribing a trapper education course for first-time
fur | 480 |
taker permit buyers, other than buyers of apprentice fur taker | 481 |
permits or apprentice youth fur taker permits, and for volunteer | 482 |
instructors. The
course shall consist of subjects that include, | 483 |
but are not
limited to, trapping techniques, animal habits and | 484 |
identification, trapping tradition and ethics, the trapper and | 485 |
conservation, the law in section 1533.17
of the Revised Code along | 486 |
with the penalty for
its violation, including a description of | 487 |
terms of imprisonment and fines that
may be imposed, and other law | 488 |
relating to
trapping. Authorized
personnel of the division of | 489 |
wildlife or volunteer instructors
approved by the chief shall | 490 |
conduct the courses with such
frequency and at such locations | 491 |
throughout the state as to
reasonably meet the needs of permit | 492 |
applicants. The chief shall
issue a certificate of completion to | 493 |
each person who successfully
completes the course and passes an | 494 |
examination prescribed by the
chief. | 495 |