As Reported by the Senate Agriculture, Environment and Natural Resources Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 420


Representatives Peterson, Stinziano 

Cosponsors: Representatives McClain, Grossman, Henne, McGregor, Ruhl, Combs, Hagan, C., Hill, Stebelton, Garland, Clyde, Buchy, Hall, Heard, Kozlowski, Letson, Luckie 

Senator Hite 



A BILL
To amend sections 905.31, 905.40, 905.411, 905.44, 1
905.50, 905.99, 1533.10, 1533.11, 1533.111, 2
1533.32, 1533.73, and 1533.731 and to enact 3
section 1531.40 of the Revised Code to require 4
commercial nuisance wild animal control operators 5
that provide nuisance wild animal removal or 6
control services to be licensed by the Chief of 7
the Division of Wildlife, to exempt residents of 8
other states that own land in this state from 9
having to obtain licenses and permits issued by 10
the Division for hunting, trapping, or fishing 11
under specified circumstances, to allow persons to 12
hunt in commercial bird shooting preserves and 13
wild animal hunting preserves without obtaining a 14
hunting license or deer permit, as applicable, and 15
to revise the rulemaking authority of the Director 16
of Agriculture regarding anhydrous ammonia and 17
other fertilizers.18


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

       Section 1. That sections 905.31, 905.40, 905.411, 905.44, 19
905.50, 905.99, 1533.10, 1533.11, 1533.111, 1533.32, 1533.73, and 20
1533.731 be amended and section 1531.40 of the Revised Code be 21
enacted to read as follows:22

       Sec. 905.31.  As used in sections 905.31 to 905.501 of the 23
Revised Code:24

       (A) "Applicant" means the person who applies for the license 25
or requests registration of a fertilizer.26

       (B) "Brand name" means a name or expression, design, or 27
trademark used in connection with one or several grades of any 28
type of fertilizer.29

       (C) "Bulk fertilizer" means any type of fertilizer in solid, 30
liquid, or gaseous state, or any combination thereof, in a 31
nonpackaged form.32

       (D) "Distribute" means to offer for sale, sell, barter, or 33
otherwise supply fertilizer for other than manufacturing purposes.34

       (E) "Fertilizer" means any substance containing nitrogen, 35
phosphorus, or potassium or any recognized plant nutrient element 36
or compound that is used for its plant nutrient content or for 37
compounding mixed fertilizers. Lime, limestone, marl, unground 38
bone, water, and unmanipulated animal and vegetable manures are 39
excepted unless mixed with fertilizer materials.40

       (F) "Grade" means the percentages of total nitrogen, 41
available phosphorus or available phosphate (P2O5), and soluble 42
potassium or soluble potash (K2O) stated in the same terms, order, 43
and percentage as in guaranteed analysis.44

       (G) "Guaranteed analysis" means:45

       (1) The minimum percentages of plant nutrients claimed in the 46
following order and form:47

Total Nitrogen (N) per cent 48
Available phosphate (P2O5) per cent 49
Soluble Potash (K2O) per cent 50

       (2) Guaranteed analysis includes, in the following order:51

       (a) For bone and tankage, total phosphorus (P) or phosphate 52
(P2O5);53

       (b) For basic slag and unacidulated phosphatic materials, 54
available and total phosphorus (P) or phosphate (P2O5) and the 55
degree of fineness;56

       (c) Additional plant nutrients guaranteed expressed as 57
percentage of elements in the order and form as prescribed by 58
rules adopted by the director of agriculture.59

       (H) "Label" means any written or printed matter on the 60
package or tag attached to it or on the pertinent delivery and 61
billing invoice.62

       (I) "Manufacture" means to process, granulate, blend, mix, or 63
alter the composition of fertilizers for distribution.64

       (J) "Mixed fertilizer" means any combination or mixture of 65
fertilizer designed for use, or claimed to have value, in 66
promoting plant growth, including fertilizer pesticide mixtures.67

       (K) "Net weight" means the weight of a commodity excluding 68
any packaging in pounds or metric equivalent, as determined by a 69
sealed weighing device or other means prescribed by rules adopted 70
by the director.71

       (L) "Packaged fertilizer" means any type of fertilizer in 72
closed containers of not over one hundred pounds or metric 73
equivalent.74

       (M) "Per cent" or "percentage" means the percentage of 75
weight.76

       (N) "Person" includes any partnership, association, firm, 77
corporation, company, society, individual or combination of 78
individuals, institution, park, or public agency administered by 79
the state or any subdivision of the state.80

       (O) "Product name" means a coined or specific designation 81
applied to an individual fertilizer material or mixture of a fixed 82
composition and derivation.83

       (P) "Sale" means exchange of ownership or transfer of 84
custody.85

       (Q) "Official sample" means the sample of fertilizer taken 86
and designated as official by the director.87

       (R) "Specialty fertilizer" means any fertilizer designed, 88
labeled, and distributed for uses other than the production of 89
commercial crops.90

       (S) "Ton" means a net weight of two thousand pounds.91

       (T) "Unmanipulated manure" means any substance composed 92
primarily of excreta, plant remains, or mixtures of such 93
substances that have not been processed in any manner.94

       (U) "Fertilizer material" includes any of the following:95

       (1) A material containing not more than one of the following 96
primary plant nutrients:97

       (a) Nitrogen (N);98

       (b) Phosphorus (P);99

       (c) Potassium (K).100

       (2) A material that has not less than eighty-five per cent of 101
its plant nutrient content composed of a single chemical compound.102

       (3) A material that is derived from a residue or by-product 103
of a plant or animal or a natural material deposit and has been 104
processed in such a way that its plant nutrients content has not 105
been materially changed except by purification and concentration.106

       (V) "Custom mixed fertilizer" means a fertilizer that is not 107
premixed, but that is blended specifically to meet the nutrient 108
needs of one specific customer.109

       (W) "Director" or "director of agriculture" means the 110
director of agriculture or the director's designee.111

       (X) "Lot" means an identifiable quantity of fertilizer that 112
may be used as an official sample.113

       (Y) "Unit" means twenty pounds of fertilizer or one per cent 114
of a ton.115

       (Z) "Metric ton" means a measure of weight equal to one 116
thousand kilograms.117

       (AA) "Anhydrous ammonia equipment" means, with regard to the 118
handling or storage of anhydrous ammonia, a container or 119
containers with a maximum capacity of not more than four thousand 120
nine hundred ninety-nine gallons or any appurtenances, pumps, 121
compressors, or interconnecting pipes associated with such a 122
container or containers. "Anhydrous ammonia equipment" does not 123
include equipment for the manufacture of anhydrous ammonia or the 124
storage of anhydrous ammonia either underground or in refrigerated 125
structures.126

       (BB) "Anhydrous ammonia system" or "system" means, with 127
regard to the handling or storage of anhydrous ammonia, a 128
container or containers with a minimum capacity of not less than 129
five thousand gallons or any appurtenances, pumps, compressors, or 130
interconnecting pipes associated with such a container or 131
containers. "Anhydrous ammonia system" does not include equipment 132
for the manufacture of anhydrous ammonia or the storage of 133
anhydrous ammonia either underground or in refrigerated 134
structures.135

       Sec. 905.40.  The director of agriculture shall adopt and 136
enforce uniform rules:137

       (A) Governing the storing and handling of anhydrous ammonia 138
that is used for agricultural purposes;139

       (B) For safety in the design, construction, location, 140
installation, or operation of anhydrous ammonia systems for 141
agricultural use. In addition, with regard to an anhydrous ammonia 142
system that is used for agricultural purposes, the rules shall 143
establish standards and procedures for the approval or disapproval 144
of the design and construction of anhydrous ammonia systems and 145
procedures for applying for such approval, including the form of 146
the application.147

       (C) To prohibit the reselling or reuse of such containers 148
without authorization by the owner thereof;149

       (D) Requiring that guaranteed analysis be stated in a form 150
other than that defined in section 905.31 of the Revised Code when 151
another form will not impose an economic hardship on 152
manufacturers, distributors, and users of fertilizeranhydrous 153
ammonia by reason of conflicting labeling requirements among the 154
states.155

       The director shall adopt rules under this section in 156
accordance with Chapter 119. of the Revised Code.157

       Sec. 905.411.  The director of agriculture may issue an order 158
prohibiting the use of anhydrous ammonia equipment or an anhydrous 159
ammonia system found not to comply with rules adopted under 160
division (A) or (B) of section 905.40 of the Revised Code, as 161
applicable. No person shall use the anhydrous ammonia equipment 162
or system until a release in writing is issued by the director.163

       The director shall not issue a release until both of the 164
following have occurred:165

       (A) The director has inspected the anhydrous ammonia 166
equipment or system and has found that the anhydrous ammonia167
equipment or system complies with rules adopted under division (A) 168
or (B) of section 905.40 of the Revised Code;, as applicable.169

       (B) The person in control of the anhydrous ammonia equipment 170
or system at the time of the noncompliance has paid the director 171
in an amount equal to all expenses incurred by the director due to 172
the order prohibiting use of the anhydrous ammonia equipment or 173
system.174

       Sec. 905.44. (A) The director of agriculture may promulgate,175
adopt, and enforce rules to carry into effect sections 905.31 to 176
905.50 of the Revised Code. Rules:177

       (1) Governing the storing and handling of fertilizers;178

        (2) For safety in the design, construction, location, 179
installation, or operation of equipment, containment structures, 180
and buildings for storing and handling fertilizers;181

        (3) Requiring that guaranteed analysis be stated in a form 182
other than that defined in section 905.31 of the Revised Code when 183
another form will not impose an economic hardship on 184
manufacturers, distributors, and users of fertilizer by reason of 185
conflicting labeling requirements among the states.186

        As used in division (A) of this section, "fertilizer" does 187
not include anhydrous ammonia.188

        (B) The rules adopted by the director under the authority of 189
sections 905.31 to 905.50 of the Revised Codethis section shall 190
be adopted in accordance with Chapter 119. of the Revised Code.191

       Sec. 905.50.  If the director of agriculture has taken an 192
official sample of a fertilizer or mixed fertilizer and determined 193
that it constitutes mislabeled fertilizer pursuant to rules 194
adopted under section 905.40 or 905.44 of the Revised Code, as 195
applicable, the person who labeled the fertilizer or mixed 196
fertilizer shall pay a penalty to the consumer of the mislabeled 197
fertilizer or, if the consumer cannot be determined with 198
reasonable diligence or is not available, to the director to be 199
credited to the pesticide, fertilizer, and lime program fund 200
created under section 921.22 of the Revised Code. The amount of 201
the penalty shall be calculated in accordance with either division 202
(A) or (B) of this section, whichever method of calculation yields 203
the largest amount.204

       (A)(1) A penalty required to be paid under this section may 205
be calculated as follows:206

       (a) Five dollars for each percentage point of total nitrogen 207
or phosphorus in the fertilizer that is below the percentage of 208
nitrogen or phosphorus guaranteed on the label, multiplied by the 209
number of tons of mislabeled fertilizer that have been sold to the 210
consumer;211

       (b) Three dollars for each percentage point of potash in the 212
fertilizer that is below the percentage of potash guaranteed on 213
the label, multiplied by the number of tons of mislabeled 214
fertilizer that have been sold to the consumer.215

       (2) In the case of a fertilizer that contains a quantity of 216
nitrogen, phosphorus, or potash that is more than five percentage 217
points below the percentages guaranteed on the label, the 218
penalties calculated under division (A)(1) of this section shall 219
be tripled.220

       (3) No penalty calculated under division (A) of this section 221
shall be less than twenty-five dollars.222

       (B) A penalty required to be paid under this section may be 223
calculated by multiplying the market value of one unit of the 224
mislabeled fertilizer by the number of units of the mislabeled 225
fertilizer that have been sold to the consumer.226

       (C) Upon making a determination under this section that a 227
person has mislabeled fertilizer or mixed fertilizer, the director 228
shall determine the parties to whom the penalty imposed by this 229
section is required to be paid and, in accordance with division 230
(A) or (B) of this section, as applicable, shall calculate the 231
amount of the penalty required to be paid to each such party. 232
After completing those determinations and calculations, the 233
director shall issue to the person who allegedly mislabeled the 234
fertilizer or mixed fertilizer a notice of violation. The notice 235
shall be accompanied by an order requiring, and specifying the 236
manner of, payment of the penalty imposed by this section to the 237
parties in the amounts set forth in the determinations and 238
calculations required by this division. The order shall be issued 239
in accordance with Chapter 119. of the Revised Code.240

       No person shall violate a term or condition of an order 241
issued under this division.242

       Sec. 905.99.  Whoever violates section 905.02, 905.04, 243
905.08, 905.11, 905.32, 905.33, 905.331, 905.35, 905.36, 905.40, 244
905.42, 905.43, 905.44, 905.45, 905.50, 905.52, 905.54, 905.55, 245
905.59, 905.60, or 905.61 of the Revised Code is guilty of a 246
misdemeanor of the second degree for a first offense. On each 247
subsequent offense the offender is guilty of a misdemeanor of the 248
first degree.249

       Sec. 1531.40. (A) As used in this section:250

       (1) "Nuisance wild animal" means a wild animal that 251
interferes with the use or enjoyment of property, is causing a 252
threat to public safety, or may cause damage or harm to a 253
structure, property, or person.254

       (2) "Commercial nuisance wild animal control operator" means 255
an individual or business that provides nuisance wild animal 256
removal or control services for hire to the owner, the operator, 257
or the owner's or operator's authorized agent of property or a 258
structure.259

       (B)(1) No person shall provide nuisance wild animal removal 260
or control services for hire without obtaining a license under 261
this section from the chief of the division of wildlife. 262

       (2) An applicant shall pay a license fee of forty dollars for 263
the license. The license shall be renewed annually prior to the 264
first day of March and shall expire on the last day of February. 265
All money collected under this division shall be deposited in the 266
state treasury to the credit of the wildlife fund created in 267
section 1531.17 of the Revised Code.268

       (3) An individual who is providing nuisance wild animal 269
removal or control services for hire under a license issued under 270
this section is exempt from obtaining a hunting license under 271
section 1533.10 of the Revised Code, a fur taker permit under 272
section 1533.111 of the Revised Code, or a fishing license under 273
section 1533.32 of the Revised Code for the purposes of performing 274
those services.275

       (4) An individual who is employed by the state, a county, or 276
a municipal corporation and who performs nuisance wild animal 277
removal or control services on land that is owned by the state, 278
county, or municipal corporation, as applicable, as part of the 279
individual's employment is exempt from obtaining a license under 280
this section.281

       (C)(1) Unless otherwise specified by division rule, a 282
commercial nuisance wild animal control operator and any 283
individual who is employed by an operator that is engaged in 284
activities that are part of or related to the removal or control 285
of nuisance wild animals, including setting or maintaining traps, 286
shall obtain a certification of completion of a course of 287
instruction that complies with rules adopted under division (F) of 288
this section. A certification shall be renewed every three years.289

       (2) An individual who provides nuisance wild animal removal 290
or control services under a license issued under this section 291
shall comply with division (C)(1) of this section.292

       (D) An operator that holds a license issued under this 293
section is responsible for the acts of each of the operator's 294
employees in the removal or control of a nuisance wild animal.295

       (E) If an individual who is licensed under this section uses 296
a pesticide in the removal or control of a nuisance wild animal, 297
the individual shall obtain the appropriate license under Chapter 298
921. of the Revised Code. 299

       (F) The chief shall adopt rules under section 1531.10 of the 300
Revised Code establishing all of the following:301

       (1) Appropriate methods for trapping, capturing, removing, 302
relocating, and controlling nuisance wild animals by operators 303
licensed under this section;304

       (2) Procedures for issuing, denying, suspending, and revoking 305
a license under this section;306

       (3) Requirements governing the certification course required 307
by division (C)(1) of this section. The rules shall specify the 308
minimum contents of such a course, including public safety and 309
health, animal life history, the use of nuisance wild animal 310
removal and control devices, and the laws and rules governing 311
those activities. The rules also shall specify who may conduct 312
such a course. The rules shall require that, in order for an 313
operator to receive a certification of completion, the operator 314
shall pass an examination. 315

       (4) Any other requirements and procedures necessary to 316
administer and enforce this section.317

       Rules shall be adopted under division (F) of this section 318
only with the approval of the director of natural resources.319

       (G) In accordance with Chapter 119. of the Revised Code and 320
with rules adopted under this section, the chief may suspend or 321
revoke a license issued under this section if the chief finds that 322
the holder of the license is violating or has violated this 323
chapter, Chapter 1533. of the Revised Code, or rules adopted under 324
those chapters.325

       Sec. 1533.10.  Except as provided in this section or division 326
(A)(2) of section 1533.12 or section 1533.73 or 1533.731 of the 327
Revised Code, no person shall hunt any wild bird or wild quadruped 328
without a hunting license. Each day that any person hunts within 329
the state without procuring such a license constitutes a separate 330
offense. Except as otherwise provided in this section, every 331
applicant for a hunting license who is a resident of the state and 332
eighteen years of age or more shall procure a resident hunting 333
license or an apprentice resident hunting license, the fee for 334
which shall be eighteen dollars unless the rules adopted under 335
division (B) of section 1533.12 of the Revised Code provide for 336
issuance of a resident hunting license to the applicant free of 337
charge. Except as provided in rules adopted under division (B)(2) 338
of that section, each applicant who is a resident of this state 339
and who at the time of application is sixty-six years of age or 340
older shall procure a special senior hunting license, the fee for 341
which shall be one-half of the regular hunting license fee. Every 342
applicant who is under the age of eighteen years shall procure a 343
special youth hunting license or an apprentice youth hunting 344
license, the fee for which shall be one-half of the regular 345
hunting license fee. 346

       A resident of this state who owns lands in the state and the 347
owner's children of any age and grandchildren under eighteen years 348
of age may hunt on the lands without a hunting license. A resident 349
of any other state who owns real property in this state, and the 350
spouse and children living with the property owner, may hunt on 351
that property without a license, provided that the state of 352
residence of the real property owner allows residents of this 353
state owning real property in that state, and the spouse and 354
children living with the property owner, to hunt without a 355
license. If the owner of land in this state is a limited liability 356
company or a limited liability partnership that consists of three 357
or fewer individual members or partners, as applicable, an 358
individual member or partner who is a resident of this state and 359
the member's or partner's children of any age and grandchildren 360
under eighteen years of age may hunt on the land owned by the 361
limited liability company or limited liability partnership without 362
a hunting license. In addition, if the owner of land in this state 363
is a trust that has a total of three or fewer trustees and 364
beneficiaries, an individual who is a trustee or beneficiary and 365
who is a resident of this state and the individual's children of 366
any age and grandchildren under eighteen years of age may hunt on 367
the land owned by the trust without a hunting license. The tenant 368
and children of the tenant, residing on lands in the state, may 369
hunt on them without a hunting license. 370

       Except as otherwise provided in division (A)(1) of section 371
1533.12 of the Revised Code, every applicant for a hunting license 372
who is a nonresident of the state and who is eighteen years of age 373
or older shall procure a nonresident hunting license or an 374
apprentice nonresident hunting license, the fee for which shall be 375
one hundred twenty-four dollars unless the applicant is a resident 376
of a state that is a party to an agreement under section 1533.91 377
of the Revised Code, in which case the fee shall be eighteen 378
dollars. Apprentice resident hunting licenses, apprentice youth 379
hunting licenses, and apprentice nonresident hunting licenses are 380
subject to the requirements established under section 1533.102 of 381
the Revised Code and rules adopted pursuant to it.382

       The chief of the division of wildlife may issue a small game 383
hunting license expiring three days from the effective date of the 384
license to a nonresident of the state, the fee for which shall be 385
thirty-nine dollars. No person shall take or possess deer, wild 386
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame 387
animal while possessing only a small game hunting license. A small 388
game hunting license or an apprentice nonresident hunting license 389
does not authorize the taking or possessing of ducks, geese, or 390
brant without having obtained, in addition to the small game 391
hunting license or the apprentice nonresident hunting license, a 392
wetlands habitat stamp as provided in section 1533.112 of the 393
Revised Code. A small game hunting license or an apprentice 394
nonresident hunting license does not authorize the taking or 395
possessing of deer, wild turkeys, or fur-bearing animals. A 396
nonresident of the state who wishes to take or possess deer, wild 397
turkeys, or fur-bearing animals in this state shall procure, 398
respectively, a deer or wild turkey permit as provided in section 399
1533.11 of the Revised Code or a fur taker permit as provided in 400
section 1533.111 of the Revised Code in addition to a nonresident 401
hunting license, an apprentice nonresident hunting license, a 402
special youth hunting license, or an apprentice youth hunting 403
license, as applicable, as provided in this section.404

       No person shall procure or attempt to procure a hunting 405
license by fraud, deceit, misrepresentation, or any false 406
statement.407

       This section does not authorize the taking and possessing of 408
deer or wild turkeys without first having obtained, in addition to 409
the hunting license required by this section, a deer or wild 410
turkey permit as provided in section 1533.11 of the Revised Code 411
or the taking and possessing of ducks, geese, or brant without 412
first having obtained, in addition to the hunting license required 413
by this section, a wetlands habitat stamp as provided in section 414
1533.112 of the Revised Code.415

       This section does not authorize the hunting or trapping of 416
fur-bearing animals without first having obtained, in addition to 417
a hunting license required by this section, a fur taker permit as 418
provided in section 1533.111 of the Revised Code.419

       No hunting license shall be issued unless it is accompanied 420
by a written explanation of the law in section 1533.17 of the 421
Revised Code and the penalty for its violation, including a 422
description of terms of imprisonment and fines that may be 423
imposed.424

       No hunting license, other than an apprentice hunting license, 425
shall be issued unless the applicant presents to the agent 426
authorized to issue the license a previously held hunting license 427
or evidence of having held such a license in content and manner 428
approved by the chief, a certificate of completion issued upon 429
completion of a hunter education and conservation course approved 430
by the chief, or evidence of equivalent training in content and 431
manner approved by the chief. A previously held apprentice hunting 432
license does not satisfy the requirement concerning the 433
presentation of a previously held hunting license or evidence of 434
it.435

       No person shall issue a hunting license, except an apprentice 436
hunting license, to any person who fails to present the evidence 437
required by this section. No person shall purchase or obtain a 438
hunting license, other than an apprentice hunting license, without 439
presenting to the issuing agent the evidence required by this 440
section. Issuance of a hunting license in violation of the 441
requirements of this section is an offense by both the purchaser 442
of the illegally obtained hunting license and the clerk or agent 443
who issued the hunting license. Any hunting license issued in 444
violation of this section is void.445

       The chief, with approval of the wildlife council, shall adopt 446
rules prescribing a hunter education and conservation course for 447
first-time hunting license buyers, other than buyers of apprentice 448
hunting licenses, and for volunteer instructors. The course shall 449
consist of subjects including, but not limited to, hunter safety 450
and health, use of hunting implements, hunting tradition and 451
ethics, the hunter and conservation, the law in section 1533.17 of 452
the Revised Code along with the penalty for its violation, 453
including a description of terms of imprisonment and fines that 454
may be imposed, and other law relating to hunting. Authorized 455
personnel of the division or volunteer instructors approved by the 456
chief shall conduct such courses with such frequency and at such 457
locations throughout the state as to reasonably meet the needs of 458
license applicants. The chief shall issue a certificate of 459
completion to each person who successfully completes the course 460
and passes an examination prescribed by the chief.461

       Sec. 1533.11.  (A) Except as provided in this section or 462
section 1533.731 of the Revised Code, no person shall hunt deer on 463
lands of another without first obtaining an annual deer permit. 464
Except as provided in this section, no person shall hunt wild 465
turkeys on lands of another without first obtaining an annual wild 466
turkey permit. Each applicant for a deer or wild turkey permit 467
shall pay an annual fee of twenty-three dollars for each permit 468
unless the rules adopted under division (B) of section 1533.12 of 469
the Revised Code provide for issuance of a deer or wild turkey 470
permit to the applicant free of charge. Except as provided in 471
rules adopted under division (B)(2) of that section, each 472
applicant who is a resident of this state and who at the time of 473
application is sixty-six years of age or older shall procure a 474
senior deer or wild turkey permit, the fee for which shall be 475
one-half of the regular deer or wild turkey permit fee. Each 476
applicant who is under the age of eighteen years shall procure a 477
youth deer or wild turkey permit, the fee for which shall be 478
one-half of the regular deer or wild turkey permit fee. Except as 479
provided in division (A)(2) of section 1533.12 of the Revised 480
Code, a deer or wild turkey permit shall run concurrently with the 481
hunting license. The money received shall be paid into the state 482
treasury to the credit of the wildlife fund, created in section 483
1531.17 of the Revised Code, exclusively for the use of the 484
division of wildlife in the acquisition and development of land 485
for deer or wild turkey management, for investigating deer or wild 486
turkey problems, and for the stocking, management, and protection 487
of deer or wild turkey. Every person, while hunting deer or wild 488
turkey on lands of another, shall carry the person's deer or wild 489
turkey permit and exhibit it to any enforcement officer so 490
requesting. Failure to so carry and exhibit such a permit 491
constitutes an offense under this section. The chief of the 492
division of wildlife shall adopt any additional rules the chief 493
considers necessary to carry out this section and section 1533.10 494
of the Revised Code.495

        An owner who is a resident of this state or an owner who is 496
exempt from obtaining a hunting license under section 1533.10 of 497
the Revised Code and the children of the owner of lands in this 498
state may hunt deer or wild turkey thereon without a deer or wild 499
turkey permit. If the owner of land in this state is a limited 500
liability company or a limited liability partnership that consists 501
of three or fewer individual members or partners, as applicable, 502
an individual member or partner who is a resident of this state 503
and the member's or partner's children of any age may hunt deer or 504
wild turkey on the land owned by the limited liability company or 505
limited liability partnership without a deer or wild turkey 506
permit. In addition, if the owner of land in this state is a trust 507
that has a total of three or fewer trustees and beneficiaries, an 508
individual who is a trustee or beneficiary and who is a resident 509
of this state and the individual's children of any age may hunt 510
deer or wild turkey on the land owned by the trust without a deer 511
or wild turkey permit. The tenant and children of the tenant may 512
hunt deer or wild turkey on lands where they reside without a deer 513
or wild turkey permit.514

       (B) A deer or wild turkey permit is not transferable. No 515
person shall carry a deer or wild turkey permit issued in the name 516
of another person.517

       (C) The wildlife refunds fund is hereby created in the state 518
treasury. The fund shall consist of money received from 519
application fees for deer permits that are not issued. Money in 520
the fund shall be used to make refunds of such application fees.521

       (D) If the division establishes a system for the electronic 522
submission of information regarding deer or wild turkey that are 523
taken, the division shall allow the owner and the children of the 524
owner of lands in this state to use the owner's name or address 525
for purposes of submitting that information electronically via 526
that system.527

       Sec. 1533.111.  Except as provided in this section or 528
division (A)(2) of section 1533.12 of the Revised Code, no person 529
shall hunt or trap fur-bearing animals on land of another without 530
first obtaining some type of an annual fur taker permit. Each 531
applicant for a fur taker permit or an apprentice fur taker permit 532
shall pay an annual fee of fourteen dollars for the permit, except 533
as otherwise provided in this section or unless the rules adopted 534
under division (B) of section 1533.12 of the Revised Code provide 535
for issuance of a fur taker permit to the applicant free of 536
charge. Except as provided in rules adopted under division (B)(2) 537
of that section, each applicant who is a resident of this state 538
and who at the time of application is sixty-six years of age or 539
older shall procure a special senior fur taker permit, the fee for 540
which shall be one-half of the regular fur taker permit fee. Each 541
applicant under the age of eighteen years shall procure a special 542
youth fur taker permit or an apprentice youth fur taker permit, 543
the fee for which shall be one-half of the regular fur taker 544
permit fee. Each type of fur taker permit shall run concurrently 545
with the hunting license. The money received shall be paid into 546
the state treasury to the credit of the fund established in 547
section 1533.15 of the Revised Code. Apprentice fur taker permits 548
and apprentice youth fur taker permits are subject to the 549
requirements established under section 1533.102 of the Revised 550
Code and rules adopted pursuant to it.551

       No fur taker permit shall be issued unless it is accompanied 552
by a written explanation of the law in section 1533.17 of the 553
Revised Code and the penalty for its violation, including a 554
description of terms of imprisonment and fines that may be 555
imposed.556

       No fur taker permit, other than an apprentice fur taker 557
permit or an apprentice youth fur taker permit, shall be issued 558
unless the applicant presents to the agent authorized to issue a 559
fur taker permit a previously held hunting license or trapping or 560
fur taker permit or evidence of having held such a license or 561
permit in content and manner approved by the chief of the division 562
of wildlife, a certificate of completion issued upon completion of 563
a trapper education course approved by the chief, or evidence of 564
equivalent training in content and manner approved by the chief. A 565
previously held apprentice hunting license, apprentice fur taker 566
permit, or apprentice youth fur taker permit does not satisfy the 567
requirement concerning the presentation of a previously held 568
hunting license or fur taker permit or evidence of such a license 569
or permit.570

       No person shall issue a fur taker permit, other than an 571
apprentice fur taker permit or an apprentice youth fur taker 572
permit, to any person who fails to present the evidence required 573
by this section. No person shall purchase or obtain a fur taker 574
permit, other than an apprentice fur taker permit or an apprentice 575
youth fur taker permit, without presenting to the issuing agent 576
the evidence required by this section. Issuance of a fur taker 577
permit in violation of the requirements of this section is an 578
offense by both the purchaser of the illegally obtained permit and 579
the clerk or agent who issued the permit. Any fur taker permit 580
issued in violation of this section is void.581

       The chief, with approval of the wildlife council, shall adopt 582
rules prescribing a trapper education course for first-time fur 583
taker permit buyers, other than buyers of apprentice fur taker 584
permits or apprentice youth fur taker permits, and for volunteer 585
instructors. The course shall consist of subjects that include, 586
but are not limited to, trapping techniques, animal habits and 587
identification, trapping tradition and ethics, the trapper and 588
conservation, the law in section 1533.17 of the Revised Code along 589
with the penalty for its violation, including a description of 590
terms of imprisonment and fines that may be imposed, and other law 591
relating to trapping. Authorized personnel of the division of 592
wildlife or volunteer instructors approved by the chief shall 593
conduct the courses with such frequency and at such locations 594
throughout the state as to reasonably meet the needs of permit 595
applicants. The chief shall issue a certificate of completion to 596
each person who successfully completes the course and passes an 597
examination prescribed by the chief.598

       Every person, while hunting or trapping fur-bearing animals 599
on lands of another, shall carry the person's fur taker permit 600
with the person's signature written on the permit. Failure to 601
carry such a signed permit constitutes an offense under this 602
section. The chief shall adopt any additional rules the chief 603
considers necessary to carry out this section.604

        An owner who is a resident of this state or an owner who is 605
exempt from obtaining a hunting license under section 1533.10 of 606
the Revised Code and the children of the owner of lands in this 607
state may hunt or trap fur-bearing animals thereon without a fur 608
taker permit. If the owner of land in this state is a limited 609
liability company or a limited liability partnership that consists 610
of three or fewer individual members or partners, as applicable, 611
an individual member or partner who is a resident of this state 612
and the member's or partner's children of any age may hunt or trap 613
fur-bearing animals on the land owned by the limited liability 614
company or limited liability partnership without a fur taker 615
permit. In addition, if the owner of land in this state is a trust 616
that has a total of three or fewer trustees and beneficiaries, an 617
individual who is a trustee or beneficiary and who is a resident 618
of this state and the individual's children of any age may hunt or 619
trap fur-bearing animals on the land owned by the trust without a 620
fur taker permit. The tenant and children of the tenant may hunt 621
or trap fur-bearing animals on lands where they reside without a 622
fur taker permit.623

       A fur taker permit is not transferable. No person shall carry 624
a fur taker permit issued in the name of another person.625

       A fur taker permit entitles a nonresident to take from this 626
state fur-bearing animals taken and possessed by the nonresident 627
as provided by law or division rule.628

       Sec. 1533.32.  Except as provided in this section or division 629
(A)(2) or (C) of section 1533.12 of the Revised Code, no person, 630
including nonresidents, shall take or catch any fish by angling in 631
any of the waters in the state or engage in fishing in those 632
waters without a license. No person shall take or catch frogs or 633
turtles without a valid fishing license, except as provided in 634
this section. Persons fishing in privately owned ponds, lakes, or 635
reservoirs to or from which fish are not accustomed to migrate are 636
exempt from the license requirements set forth in this section. 637
Persons fishing in privately owned ponds, lakes, or reservoirs 638
that are open to public fishing through an agreement or lease with 639
the division of wildlife shall comply with the license 640
requirements set forth in this section.641

       The fee for an annual license shall be thirty-nine dollars 642
for a resident of a state that is not a party to an agreement 643
under section 1533.91 of the Revised Code. The fee for an annual 644
license shall be eighteen dollars for a resident of a state that 645
is a party to such an agreement. The fee for an annual license for 646
residents of this state shall be eighteen dollars unless the rules 647
adopted under division (B) of section 1533.12 of the Revised Code 648
provide for issuance of a resident fishing license to the 649
applicant free of charge. Except as provided in rules adopted 650
under division (B)(2) of that section, each applicant who is a 651
resident of this state and who at the time of application is 652
sixty-six years of age or older shall procure a special senior 653
fishing license, the fee for which shall be one-half of the annual 654
resident fishing license fee.655

       Any person under the age of sixteen years may take or catch 656
frogs and turtles and take or catch fish by angling without a 657
license. 658

       The chief of the division of wildlife may issue a tourist's 659
license expiring three days from the effective date of the license 660
to a resident of a state that is not a party to an agreement under 661
section 1533.91 of the Revised Code. The fee for a tourist's 662
license shall be eighteen dollars. 663

       The chief shall adopt rules under section 1531.10 of the 664
Revised Code providing for the issuance of a one-day fishing 665
license to a resident of this state or of any other state. The fee 666
for such a license shall be fifty-five per cent of the amount 667
established under this section for a tourist's license, rounded up 668
to the nearest whole dollar. A one-day fishing license shall allow 669
the holder to take or catch fish by angling in the waters in the 670
state, engage in fishing in those waters, or take or catch frogs 671
or turtles in those waters for one day without obtaining an annual 672
license or a tourist's license under this section. At the request 673
of a holder of a one-day fishing license who wishes to obtain an 674
annual license, a clerk or agent authorized to issue licenses 675
under section 1533.13 of the Revised Code, not later than the last 676
day on which the one-day license would be valid if it were an 677
annual license, shall credit the amount of the fee paid for the 678
one-day license toward the fee charged for the annual license if 679
so authorized by the chief. The clerk or agent shall issue the 680
annual license upon presentation of the one-day license and 681
payment of a fee in an amount equal to the difference between the 682
fee for the annual license and the fee for the one-day license.683

       Unless otherwise provided by division rule, each annual 684
license shall begin on the first day of March of the current year 685
and expire on the last day of February of the following year.686

       No person shall alter a fishing license or possess a fishing 687
license that has been altered.688

       No person shall procure or attempt to procure a fishing 689
license by fraud, deceit, misrepresentation, or any false 690
statement.691

        A resident of this state who owns land over, through, upon, 692
or along which any water flows or stands, except where the land is 693
in or borders on state parks or state-owned lakes, together with 694
the members of the immediate families of such owners, may take 695
frogs and turtles and may take or catch fish of the kind permitted 696
to be taken or caught therefrom without procuring a license 697
provided for in this section. This exemption extends to tenants 698
actually residing upon such lands and to the members of the 699
immediate families of the tenants. A resident of any other state 700
who owns land in this state over, through, upon, or along which 701
any water flows or stands, except where the land is in or borders 702
on state parks or state-owned lakes, and the spouse and children 703
living with the owner, may take frogs and turtles and may take or 704
catch fish of the kind permitted to be taken or caught from that 705
water without obtaining a license under this section, provided 706
that the state of residence of the owner allows residents of this 707
state owning real property in that state, and the spouse and 708
children living with such a property owner, to take frogs and 709
turtles and take or catch fish without a license. If the owner of 710
such land in this state is a limited liability company or a 711
limited liability partnership that consists of three or fewer 712
individual members or partners, as applicable, an individual 713
member or partner who is a resident of this state and the member's 714
or partner's children of any age may take frogs and turtles and 715
may take or catch fish of the kind permitted to be taken or caught 716
therefrom without procuring a license provided for in this 717
section. In addition, if the owner of such land in this state is a 718
trust that has a total of three or fewer trustees and 719
beneficiaries, an individual who is a trustee or beneficiary and 720
who is a resident of this state and the individual's children of 721
any age may take frogs and turtles and may take or catch fish of 722
the kind permitted to be taken or caught therefrom without 723
procuring a license provided for in this section. Residents of 724
state or county institutions, charitable institutions, and 725
military homes in this state may take frogs and turtles without 726
procuring the required license, provided that a member of the 727
institution or home has an identification card, which shall be 728
carried on that person when fishing.729

       Every fisher required to be licensed, while fishing or taking 730
or attempting to take frogs or turtles, shall carry the license 731
and exhibit it to any person. Failure to so carry and exhibit the 732
license constitutes an offense under this section.733

       Sec. 1533.73.  (A) Except as otherwise provided in this 734
division or by division rule, licensed commercial bird shooting 735
preserves may be established in any county of the state, but no 736
such preserve shall be less than eighty acres or more than six 737
hundred forty acres in area. A commercial bird shooting preserve 738
shall be in one continuous block of land, except that the block of 739
land may be intersected by highways or roads. No commercial bird 740
shooting preserve shall be located within fifteen hundred feet of 741
any other such preserve.742

       A licensed commercial bird shooting preserve operated by a 743
municipal corporation on lands located within its corporate limits 744
is not subject to this division.745

       (B) The boundaries of each licensed commercial bird shooting 746
preserve shall be clearly defined by posting, at intervals of not 747
more than two hundred feet, with signs prescribed by the division 748
of wildlife.749

       (C) Mallard or black ducks and other game birds upon which 750
there is an open season in this state, which the chief of the 751
division may approve for such use, and that have been legally 752
acquired or propagated under the authority of a propagating 753
license issued under section 1533.71 of the Revised Code and 754
marked and banded as provided in division (D) of this section may 755
be released and harvested by shooting within the confines of any 756
licensed commercial bird shooting preserve between sunrise and 757
sunset, without regard to sex, daily bag limit, or open season, by 758
licensed hunters authorized by the holder of the commercial bird 759
shooting preserve license to hunt on those lands.760

       (D) All game birds released on a licensed commercial bird 761
shooting preserve shall first be banded with a leg band that shall 762
bear upon it a symbol identifying the commercial bird shooting 763
preserve. No game birds shall be possessed or transported outside 764
the licensed area unless each such bird is tagged with a suitable 765
tag or seal supplied by the division.766

       (E) The holder of a commercial bird shooting preserve license 767
shall raise, or purchase, and release on the licensed commercial 768
bird shooting preserve at least five hundred pheasants annually. 769
With the approval of the chief, the license holder may raise, or 770
purchase, and release, in lieu of pheasants, a like number of 771
other game birds. No person shall fail to release the required 772
number of game birds on a licensed commercial bird shooting 773
preserve as required by this division.774

       (F) The holder of a commercial bird shooting preserve license 775
is not liable for any damage to or destruction of growing crops on 776
land adjacent to the preserve caused by game birds released on the 777
preserve.778

       (G) No holder of a commercial bird shooting preserve license 779
shall violate this chapter or Chapter 1531. of the Revised Code or 780
any division rule.781

       (H) A person may hunt game birds, other than wild turkeys, in 782
a licensed commercial bird shooting preserve without obtaining a 783
hunting license otherwise required by section 1533.10 of the 784
Revised Code.785

       Sec. 1533.731.  (A) No wild animal hunting preserve shall be 786
less than eighty acres in area. Each such preserve shall be in one 787
continuous block of land, except that the block of land may be 788
intersected by highways or roads. No wild animal hunting preserve 789
shall be located within one thousand five hundred feet of another 790
such preserve.791

       The boundaries of each wild animal hunting preserve shall be 792
clearly defined by posting, at intervals of not more than four 793
hundred feet, with signs prescribed by the division of wildlife. 794
Each wild animal hunting preserve shall be surrounded by a fence 795
at least eight feet in height, with a minimal deviation not to 796
exceed four per cent, that is constructed of a woven wire mesh, or 797
such other enclosure approved by the chief of the division of 798
wildlife.799

       (B)(1) Except as provided in divisions (B)(2) and (3) of this 800
section, game and nonnative wildlife that have been approved by 801
the chief for such use and that have been legally acquired or 802
propagated under the authority of a propagating license issued 803
under section 1533.71 of the Revised Code or propagated within the 804
confines of a licensed wild animal hunting preserve may be 805
released and hunted within the confines of the licensed wild 806
animal hunting preserve between one-half hour before sunrise and 807
one-half hour after sunset, without regard to sex, bag limit, or 808
open season, by hunters authorized by the holder of the wild 809
animal hunting preserve license to hunt on those lands. The chief 810
shall establish, by rule, the allowable methods of taking game and 811
nonnative wildlife in a wild animal hunting preserve.812

       (2) No game or nonnative wildlife on the federal endangered 813
species list established in accordance with the "Endangered 814
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531, as amended, 815
or the state endangered species list established in rules adopted 816
under section 1531.25 of the Revised Code, no bears native to 817
North America, and no large carnivores of the family Felidae shall 818
be released for hunting or hunted in any wild animal hunting 819
preserve in this state.820

       (3) No person shall release for hunting or hunt within a wild 821
animal hunting preserve any game or nonnative wildlife not listed 822
in the application for a license for that preserve.823

       (C) Unless otherwise specified by division rule, all game and 824
nonnative wildlife released on a wild animal hunting preserve 825
shall be identified with a tag that shall bear upon it a symbol 826
identifying the preserve.827

       (D) No person shall remove living game or nonnative wildlife 828
from a wild animal hunting preserve unless the game or nonnative 829
wildlife are being transferred to another wild animal hunting 830
preserve in accordance with rules adopted by the director of 831
agriculture under section 943.24 of the Revised Code.832

       (E) The holder of a wild animal hunting preserve license 833
shall keep a record of all animals that have been released into 834
the preserve. The record shall include all of the following:835

       (1) The date on which each animal was released into the 836
preserve;837

       (2) The number of each species of animals;838

       (3) The number of males and females of each species of 839
animals;840

       (4) The name and address of each person from whom each animal 841
was obtained.842

       The licensee shall record in a manner specified by the 843
division the name and address of each person that takes any game 844
or nonnative wildlife from the preserve. The licensee shall 845
maintain those records for a period of two years and make them 846
available for inspection by the division at all reasonable times 847
in conjunction with an active criminal investigation.848

       (F) In addition to complying with the requirements 849
established by division (E) of this section, the holder of a wild 850
animal hunting preserve license who has captive white-tailed deer 851
in the preserve shall keep a record of all known escapes of those 852
deer, deaths of those deer that were not a result of hunting, and 853
laboratory results for testing for chronic wasting disease of 854
those deer that is required by section 943.21 of the Revised Code 855
and rules adopted under section 943.24 of the Revised Code.856

       (G) For the purposes of division (B) of section 1533.02 of 857
the Revised Code, the owner or operator of a wild animal hunting 858
preserve shall furnish each person who takes any game or nonnative 859
wildlife from the preserve a certificate bearing a description of 860
the animal, the date the animal was taken, and the name of the 861
preserve.862

       (H) The holder of a wild animal hunting preserve license 863
prominently shall display the license at the place of business 864
that is specified in the license.865

       (I) The chief shall adopt rules under section 1531.10 of the 866
Revised Code that provide for the safety of the public and for the 867
protection of the game and nonnative wildlife to be hunted in a 868
wild animal hunting preserve prior to their release in the 869
preserve.870

       (J) No holder of a wild animal hunting preserve license shall 871
violate this chapter or Chapter 1531. of the Revised Code or any 872
division rule.873

       (K) This section does not authorize the hunting of game birds 874
in a licensed wild animal hunting preserve unless the licensee 875
also possesses a valid commercial bird shooting preserve license 876
issued under section 1533.72 of the Revised Code for the same land 877
for which the wild animal hunting preserve license was issued.878

       (L) A person may hunt game and nonnative wildlife in a 879
licensed wild animal hunting preserve without obtaining a hunting 880
license otherwise required by section 1533.10 of the Revised Code 881
or a deer permit otherwise required by section 1533.11 of the 882
Revised Code.883

       Section 2.  That existing sections 905.31, 905.40, 905.411, 884
905.44, 905.50, 905.99, 1533.10, 1533.11, 1533.111, 1533.32, 885
1533.73, and 1533.731 of the Revised Code are hereby repealed.886