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| To amend sections 1531.01 and 1533.121 of the Revised | 1 |
| Code to add feral hogs to the game list and to | 2 |
| allow the possession of any wild turkey, wild | 3 |
| boar, or feral hog that is struck and killed by | 4 |
| the driver of a motor vehicle. | 5 |
| Section 1. That sections 1531.01 and 1533.121 of the Revised | 6 |
| Code be amended to read as follows: | 7 |
| Sec. 1531.01. As used in this chapter and Chapter 1533. of | 8 |
| the Revised Code: | 9 |
| (A) "Person" means a person as defined in section 1.59 of the | 10 |
| Revised Code or a company; an employee, agent, or officer of such | 11 |
| a person or company; a combination of individuals; the state; a | 12 |
| political subdivision of the state; an interstate body created by | 13 |
| a compact; or the federal government or a department, agency, or | 14 |
| instrumentality of it. | 15 |
| (B) "Resident" means any individual who has resided in this | 16 |
| state for not less than six months next preceding the date of | 17 |
| making application for a license. | 18 |
| (C) "Nonresident" means any individual who does not qualify | 19 |
| as a resident. | 20 |
| (D) "Division rule" or "rule" means any rule adopted by the | 21 |
| chief of the division of wildlife under section 1531.10 of the | 22 |
| Revised Code unless the context indicates otherwise. | 23 |
| (E) "Closed season" means that period of time during which | 24 |
| the taking of wild animals protected by this chapter and Chapter | 25 |
| 1533. of the Revised Code is prohibited. | 26 |
| (F) "Open season" means that period of time during which the | 27 |
| taking of wild animals protected by this chapter and Chapter 1533. | 28 |
| of the Revised Code is permitted. | 29 |
| (G) "Take or taking" includes pursuing, shooting, hunting, | 30 |
| killing, trapping, angling, fishing with a trotline, or netting | 31 |
| any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, | 32 |
| wild bird, or wild quadruped, and any lesser act, such as | 33 |
| wounding, or placing, setting, drawing, or using any other device | 34 |
| for killing or capturing any wild animal, whether it results in | 35 |
| killing or capturing the animal or not. "Take or taking" includes | 36 |
| every attempt to kill or capture and every act of assistance to | 37 |
| any other person in killing or capturing or attempting to kill or | 38 |
| capture a wild animal. | 39 |
| (H) "Possession" means both actual and constructive | 40 |
| possession and any control of things referred to. | 41 |
| (I) "Bag limit" means the number, measurement, or weight of | 42 |
| any kind of crayfish, aquatic insects, fish, frogs, turtles, wild | 43 |
| birds, and wild quadrupeds permitted to be taken. | 44 |
| (J) "Transport and transportation" means carrying or moving | 45 |
| or causing to be carried or moved. | 46 |
| (K) "Sell and sale" means barter, exchange, or offer or | 47 |
| expose for sale. | 48 |
| (L) "Whole to include part" means that every provision | 49 |
| relating to any wild animal protected by this chapter and Chapter | 50 |
| 1533. of the Revised Code applies to any part of the wild animal | 51 |
| with the same effect as it applies to the whole. | 52 |
| (M) "Angling" means fishing with not more than two hand | 53 |
| lines, not more than two units of rod and line, or a combination | 54 |
| of not more than one hand line and one rod and line, either in | 55 |
| hand or under control at any time while fishing. The hand line or | 56 |
| rod and line shall have attached to it not more than three baited | 57 |
| hooks, not more than three artificial fly rod lures, or one | 58 |
| artificial bait casting lure equipped with not more than three | 59 |
| sets of three hooks each. | 60 |
| (N) "Trotline" means a device for catching fish that consists | 61 |
| of a line having suspended from it, at frequent intervals, | 62 |
| vertical lines with hooks attached. | 63 |
| (O) "Fish" means a cold-blooded vertebrate having fins. | 64 |
| (P) "Measurement of fish" means length from the end of the | 65 |
| nose to the longest tip or end of the tail. | 66 |
| (Q) "Wild birds" includes game birds and nongame birds. | 67 |
| (R) "Game" includes game birds, game quadrupeds, and | 68 |
| fur-bearing animals. | 69 |
| (S) "Game birds" includes mourning doves, ringneck pheasants, | 70 |
| bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated | 71 |
| grouse, wild turkey, Hungarian partridge, Chukar partridge, | 72 |
| woodcocks, black-breasted plover, golden plover, Wilson's snipe or | 73 |
| jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules, | 74 |
| duck, geese, brant, and crows. | 75 |
| (T) "Nongame birds" includes all other wild birds not | 76 |
| included and defined as game birds or migratory game birds. | 77 |
| (U) "Wild quadrupeds" includes game quadrupeds and | 78 |
| fur-bearing animals. | 79 |
| (V) "Game quadrupeds" includes cottontail rabbits, gray | 80 |
| squirrels, black squirrels, fox squirrels, red squirrels, flying | 81 |
| squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer, | 82 |
| wild boar, feral hogs, and black bears. | 83 |
| (W) "Fur-bearing animals" includes minks, weasels, raccoons, | 84 |
| skunks, opossums, muskrats, fox, beavers, badgers, otters, | 85 |
| coyotes, and bobcats. | 86 |
| (X) "Wild animals" includes mollusks, crustaceans, aquatic | 87 |
| insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, | 88 |
| and all other wild mammals, but does not include domestic deer. | 89 |
| (Y) "Hunting" means pursuing, shooting, killing, following | 90 |
| after or on the trail of, lying in wait for, shooting at, or | 91 |
| wounding wild birds or wild quadrupeds while employing any device | 92 |
| commonly used to kill or wound wild birds or wild quadrupeds | 93 |
| whether or not the acts result in killing or wounding. "Hunting" | 94 |
| includes every attempt to kill or wound and every act of | 95 |
| assistance to any other person in killing or wounding or | 96 |
| attempting to kill or wound wild birds or wild quadrupeds. | 97 |
| (Z) "Trapping" means securing or attempting to secure | 98 |
| possession of a wild bird or wild quadruped by means of setting, | 99 |
| placing, drawing, or using any device that is designed to close | 100 |
| upon, hold fast, confine, or otherwise capture a wild bird or wild | 101 |
| quadruped whether or not the means results in capture. "Trapping" | 102 |
| includes every act of assistance to any other person in capturing | 103 |
| wild birds or wild quadrupeds by means of the device whether or | 104 |
| not the means results in capture. | 105 |
| (AA) "Muskrat spear" means any device used in spearing | 106 |
| muskrats. | 107 |
| (BB) "Channels and passages" means those narrow bodies of | 108 |
| water lying between islands or between an island and the mainland | 109 |
| in Lake Erie. | 110 |
| (CC) "Island" means a rock or land elevation above the waters | 111 |
| of Lake Erie having an area of five or more acres above water. | 112 |
| (DD) "Reef" means an elevation of rock, either broken or in | 113 |
| place, or gravel shown by the latest United States chart to be | 114 |
| above the common level of the surrounding bottom of the lake, | 115 |
| other than the rock bottom, or in place forming the base or | 116 |
| foundation rock of an island or mainland and sloping from the | 117 |
| shore of it. "Reef" also means all elevations shown by that chart | 118 |
| to be above the common level of the sloping base or foundation | 119 |
| rock of an island or mainland, whether running from the shore of | 120 |
| an island or parallel with the contour of the shore of an island | 121 |
| or in any other way and whether formed by rock, broken or in | 122 |
| place, or from gravel. | 123 |
| (EE) "Fur farm" means any area used exclusively for raising | 124 |
| fur-bearing animals or in addition thereto used for hunting game, | 125 |
| the boundaries of which are plainly marked as such. | 126 |
| (FF) "Waters" includes any lake, pond, reservoir, stream, | 127 |
| channel, lagoon, or other body of water, or any part thereof, | 128 |
| whether natural or artificial. | 129 |
| (GG) "Crib" or "car" refers to that particular compartment of | 130 |
| the net from which the fish are taken when the net is lifted. | 131 |
| (HH) "Commercial fish" means those species of fish permitted | 132 |
| to be taken, possessed, bought, or sold unless otherwise | 133 |
| restricted by the Revised Code or division rule and are alewife | 134 |
| (Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin | 135 |
| (Amia calva), burbot (Lota lota), carp (Cyprinus carpio), | 136 |
| smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus | 137 |
| cyprinellus), black bullhead (Ictalurus melas), yellow bullhead | 138 |
| (Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel | 139 |
| catfish (Ictalurus punctatus), flathead catfish (Pylodictis | 140 |
| olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.), | 141 |
| freshwater drum or sheepshead (Aplodinotus grunniens), gar | 142 |
| (Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish | 143 |
| (Carassius auratus), lake trout (Salvelinus namaycush), mooneye | 144 |
| (Hiodon tergisus), quillback (Carpiodes cyprinus), smelt | 145 |
| (Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus | 146 |
| sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other | 147 |
| than buffalo and quillback (Carpiodes sp., Catostomus sp., | 148 |
| Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone | 149 |
| chrysops), white perch (Roccus americanus), and yellow perch | 150 |
| (Perca flavescens). When the common name of a fish is used in this | 151 |
| chapter or Chapter 1533. of the Revised Code, it refers to the | 152 |
| fish designated by the scientific name in this definition. | 153 |
| (II) "Fishing" means taking or attempting to take fish by any | 154 |
| method, and all other acts such as placing, setting, drawing, or | 155 |
| using any device commonly used to take fish whether resulting in a | 156 |
| taking or not. | 157 |
| (JJ) "Fillet" means the pieces of flesh taken or cut from | 158 |
| both sides of a fish, joined to form one piece of flesh. | 159 |
| (KK) "Part fillet" means a piece of flesh taken or cut from | 160 |
| one side of a fish. | 161 |
| (LL) "Round" when used in describing fish means with head and | 162 |
| tail intact. | 163 |
| (MM) "Migrate" means the transit or movement of fish to or | 164 |
| from one place to another as a result of natural forces or | 165 |
| instinct and includes, but is not limited to, movement of fish | 166 |
| induced or caused by changes in the water flow. | 167 |
| (NN) "Spreader bar" means a brail or rigid bar placed across | 168 |
| the entire width of the back, at the top and bottom of the cars in | 169 |
| all trap, crib, and fyke nets for the purpose of keeping the | 170 |
| meshes hanging squarely while the nets are fishing. | 171 |
| (OO) "Fishing guide" means any person who, for consideration | 172 |
| or hire, operates a boat, rents, leases, or otherwise furnishes | 173 |
| angling devices, ice fishing shanties or shelters of any kind, or | 174 |
| other fishing equipment, and accompanies, guides, directs, or | 175 |
| assists any other person in order for the other person to engage | 176 |
| in fishing. | 177 |
| (PP) "Net" means fishing devices with meshes composed of | 178 |
| twine or synthetic material and includes, but is not limited to, | 179 |
| trap nets, fyke nets, crib nets, carp aprons, dip nets, and | 180 |
| seines, except minnow seines and minnow dip nets. | 181 |
| (QQ) "Commercial fishing gear" means seines, trap nets, fyke | 182 |
| nets, dip nets, carp aprons, trotlines, other similar gear, and | 183 |
| any boat used in conjunction with that gear, but does not include | 184 |
| gill nets. | 185 |
| (RR) "Native wildlife" means any species of the animal | 186 |
| kingdom indigenous to this state. | 187 |
| (SS) "Gill net" means a single section of fabric or netting | 188 |
| seamed to a float line at the top and a lead line at the bottom, | 189 |
| which is designed to entangle fish in the net openings as they | 190 |
| swim into it. | 191 |
| (TT) "Tag fishing tournament" means a contest in which a | 192 |
| participant pays a fee, or gives other valuable consideration, for | 193 |
| a chance to win a prize by virtue of catching a tagged or | 194 |
| otherwise specifically marked fish within a limited period of | 195 |
| time. | 196 |
| (UU) "Tenant" means an individual who resides on land for | 197 |
| which the individual pays rent and whose annual income is | 198 |
| primarily derived from agricultural production conducted on that | 199 |
| land, as "agricultural production" is defined in section 929.01 of | 200 |
| the Revised Code. | 201 |
| (VV) "Nonnative wildlife" means any wild animal not | 202 |
| indigenous to this state, but does not include domestic deer. | 203 |
| (WW) "Reptiles" includes common musk turtle (sternotherus | 204 |
| odoratus), common snapping turtle (Chelydra serpentina | 205 |
| serpentina), spotted turtle (Clemmys guttata), eastern box turtle | 206 |
| (Terrapene carolina carolina), Blanding's turtle (Emydoidea | 207 |
| blandingii), common map turtle (Graptemys geographica), ouachita | 208 |
| map turtle (Graptemys pseudogeographica ouachitensis), midland | 209 |
| painted turtle (Chrysemys picta marginata), red-eared slider | 210 |
| (Trachemys scripta elegans), eastern spiny softshell turtle | 211 |
| (Apalone spinifera spinifera), midland smooth softshell turtle | 212 |
| (Apalone mutica mutica), northern fence lizard (Sceloporus | 213 |
| undulatus hyacinthinus), ground skink (Scincella lateralis), | 214 |
| five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces | 215 |
| laticeps), northern coal skink (Eumeces anthracinus anthracinus), | 216 |
| European wall lizard (Podarcis muralis), queen snake (Regina | 217 |
| septemvittata), Kirtland's snake (Clonophis kirtlandii), northern | 218 |
| water snake (Nerodia sipedon sipedon), Lake Erie watersnake | 219 |
| (Nerodia sipedon insularum), copperbelly water snake (Nerodia | 220 |
| erythrogaster neglecta), northern brown snake (Storeria dekayi | 221 |
| dekayi), midland brown snake (Storeria dekayi wrightorum), | 222 |
| northern redbelly snake (Storeria occipitomaculata | 223 |
| occipitomaculata), eastern garter snake (Thamnophis sirtalis | 224 |
| sirtalis), eastern plains garter snake (Thamnophis radix radix), | 225 |
| Butler's garter snake (Thamnophis butleri), shorthead garter snake | 226 |
| (Thamnophis brachystoma), eastern ribbon snake (Thamnophis | 227 |
| sauritus sauritus), northern ribbon snake (Thamnophis sauritus | 228 |
| septentrionalis), eastern hognose snake (Heterodon platirhinos), | 229 |
| eastern smooth earth snake (Virginia valeriae valeriae), northern | 230 |
| ringneck snake (Diadophis punctatus edwardsii), midwest worm snake | 231 |
| (Carphophis amoenus helenae), eastern worm snake (Carphophis | 232 |
| amoenus amoenus), black racer (Coluber constrictor constrictor), | 233 |
| blue racer (Coluber constrictor foxii), rough green snake | 234 |
| (opheodrys aestivus), smooth green snake (opheodrys vernalis | 235 |
| vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox | 236 |
| snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis | 237 |
| getula nigra), eastern milk snake (Lampropeltis triangulum | 238 |
| triangulum), northern copperhead (Agkistrodon contortrix mokasen), | 239 |
| eastern massasauga (Sistrurus catenatus catenatus), and timber | 240 |
| rattlesnake (Crotalus horridus horridus). | 241 |
| (XX) "Amphibians" includes eastern hellbender (Crytpobranchus | 242 |
| alleganiensis alleganiensis), mudpuppy (Necturus maculosus | 243 |
| maculosus), red-spotted newt (Notophthalmus viridescens | 244 |
| viridescens), Jefferson salamander (Ambystoma jeffersonianum), | 245 |
| spotted salamander (Ambystoma maculatum), blue-spotted salamander | 246 |
| (Ambystoma laterale), smallmouth salamander (Ambystoma texanum), | 247 |
| streamside salamander (Ambystoma barbouri), marbled salamander | 248 |
| (Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum | 249 |
| tigrinum), northern dusky salamander (Desmognathus fuscus fuscus), | 250 |
| mountain dusky salamander (Desmognathus ochrophaeus), redback | 251 |
| salamander (Plethodon cinereus), ravine salamander (Plethodon | 252 |
| richmondi), northern slimy salamander (Plethodon glutinosus), | 253 |
| Wehrle's salamander (Plethodon wehrlei), four-toed salamander | 254 |
| (Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus | 255 |
| porphyriticus duryi), northern spring salamander (Gyrinophilus | 256 |
| porphyriticus porphyriticus), mud salamander (Pseudotriton | 257 |
| montanus), northern red salamander (Pseudotriton ruber ruber), | 258 |
| green salamander (Aneides aeneus), northern two-lined salamander | 259 |
| (Eurycea bislineata), longtail salamander (Eurycea longicauda | 260 |
| longicauda), cave salamander (Eurycea lucifuga), southern | 261 |
| two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo | 262 |
| woodhousii fowleri), American toad (Bufo americanus), eastern | 263 |
| spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris | 264 |
| crepitans blanchardi), northern spring peeper (Pseudacris crucifer | 265 |
| crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog | 266 |
| (Hyla chrysoscelis), western chorus frog (Pseudacris triseriata | 267 |
| triseriata), mountain chorus frog (Pseudacris brachyphona), | 268 |
| bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota), | 269 |
| northern leopard frog (Rana pipiens), pickerel frog (Rana | 270 |
| palustris), southern leopard frog (Rana utricularia), and wood | 271 |
| frog (Rana sylvatica). | 272 |
| (YY) "Deer" means white-tailed deer (Oddocoileus | 273 |
| virginianus). | 274 |
| (ZZ) "Domestic deer" means nonnative deer that have been | 275 |
| legally acquired or their offspring and that are held in private | 276 |
| ownership for primarily agricultural purposes. | 277 |
| (AAA) "Migratory game bird" includes waterfowl (Anatidae); | 278 |
| doves (Columbidae); cranes (Gruidae); cormorants | 279 |
| (Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and | 280 |
| woodcock and snipe (Scolopacidae). | 281 |
| (BBB) "Accompany" means to go along with another person while | 282 |
| staying within a distance from the person that enables | 283 |
| uninterrupted, unaided visual and auditory communication. | 284 |
| (CCC) "Electric-powered all-purpose vehicle" means any | 285 |
| battery-powered self-propelled electric vehicle that is designed | 286 |
| primarily for cross-country travel on land, water, or land and | 287 |
| water and that is steered by wheels, caterpillar treads, or a | 288 |
| combination of wheels and caterpillar treads and includes vehicles | 289 |
| that operate on a cushion of air, vehicles commonly known as | 290 |
| all-terrain vehicles, all-season vehicles, mini-bikes, and trail | 291 |
| bikes. "Electric-powered all-purpose vehicle" does not include a | 292 |
| utility vehicle as defined in section 4501.01 of the Revised Code, | 293 |
| any vehicle that is principally used in playing golf, any motor | 294 |
| vehicle or aircraft that is required to be registered under | 295 |
| Chapter 4503. or 4561. of the Revised Code, or any vehicle that is | 296 |
| excluded from the definition of "motor vehicle" as provided in | 297 |
| division (B) of section 4501.01 of the Revised Code. | 298 |
| (DDD) "Wholly enclosed preserve" means an area of land that | 299 |
| is surrounded by a fence that is at least six feet in height, | 300 |
| unless otherwise specified in division rule, and is constructed of | 301 |
| a woven wire mesh, or another enclosure that the division of | 302 |
| wildlife may approve, where game birds, game quadrupeds, reptiles, | 303 |
| amphibians, or fur-bearing animals are raised and may be sold | 304 |
| under the authority of a commercial propagating license or captive | 305 |
| white-tailed deer propagation license obtained under section | 306 |
| 1533.71 of the Revised Code. | 307 |
| (EEE) "Commercial bird shooting preserve" means an area of | 308 |
| land where game birds are released and hunted by shooting as | 309 |
| authorized by a commercial bird shooting preserve license obtained | 310 |
| under section 1533.72 of the Revised Code. | 311 |
| (FFF) "Wild animal hunting preserve" means an area of land | 312 |
| where game, captive white-tailed deer, and nonnative wildlife, | 313 |
| other than game birds, are released and hunted as authorized by a | 314 |
| wild animal hunting preserve license obtained under section | 315 |
| 1533.721 of the Revised Code. | 316 |
| (GGG) "Captive white-tailed deer" means legally acquired deer | 317 |
| that are held in private ownership at a facility licensed under | 318 |
| section 943.03 or 943.031 of the Revised Code and under section | 319 |
| 1533.71 or 1533.721 of the Revised Code. | 320 |
| Sec. 1533.121. Except as otherwise provided by division | 321 |
| rule, the driver of every motor vehicle that has caused the death | 322 |
| of a deer, wild turkey, wild boar, or feral hog by striking the | 323 |
| deer, wild turkey, wild boar, or feral hog on a highway may take | 324 |
| possession of the deer, wild turkey, wild boar, or feral hog, | 325 |
| provided that within twenty-four hours thereafter, the driver | 326 |
| reports the accident to a wildlife officer or other law | 327 |
| enforcement officer. The officer shall investigate, and, if the | 328 |
| officer finds the death has been caused as alleged, the officer | 329 |
| shall give a certificate for legal ownership of the deer, wild | 330 |
|
turkey, wild boar, or feral hog to the driver. If | 331 |
| or wild turkey is unclaimed, the certificate for legal ownership | 332 |
| may be given to a private or public institution or charity or to | 333 |
| another person. | 334 |
| Section 2. That existing sections 1531.01 and 1533.121 of the | 335 |
| Revised Code are hereby repealed. | 336 |