To amend sections 1531.02, 1531.08, 1533.05, 1533.07, 1533.10, 1533.111, 1533.17, 1533.66, 1533.68, and 1533.99 of the Revised Code to permit hunting on any day during open season, to make changes in the penalty applying to violation of the prohibition against trespassing while hunting or trapping, to require that the prohibition be explained to hunters and trappers, to provide immunity from liability to owners of land upon which a violation of the prohibition occurs, and to maintain the provisions of this act on and after March 4, 1998, by amending the version of section 1531.08 of the Revised Code that takes effect on that date.

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

Sec. 1531.02. The ownership of and the title to all wild animals in this state, not legally confined or held by private ownership legally acquired, is in the state, which holds such title in trust for the benefit of all the people. Individual possession shall be obtained only in accordance with the Revised Code or division rules. No person at any time of the year shall take in any manner or possess any number or quantity of wild animals, except such wild animals as THAT the Revised Code or division rules permit to be taken, hunted, killed, or had in possession, and only at such THE time and place, and in such THE manner, as THAT the Revised Code or division rules prescribe. No person shall buy, sell, or offer any part of wild animals for sale, or transport any part of wild animals, except as permitted by the Revised Code or division rules. No person shall possess or transport a wild animal which THAT has been taken unlawfully outside the state.

A person doing anything prohibited or neglecting to do anything required by this chapter or Chapter 1533. of the Revised Code or contrary to any division rule violates this section. A person who counsels, aids, shields, or harbors an offender under such chapters or any division rule, or who knowingly shares in the proceeds of such a violation, or receives or possesses any wild animal in violation of the Revised Code or division rule, violates this section. No person shall hunt a wild bird or wild quadruped, except coyotes, fox, groundhogs, or migratory waterfowl as defined in the "Migratory Bird Hunting Stamp Act," 48 Stat. 452 (1934), 16 U.S.C.A. 718, as amended, and except as provided in sections 1533.73 and 1533.731 of the Revised Code, on Sunday or use a rifle, at any time, in taking migratory game birds.

Sec. 1531.08. In conformity with Section 36 of Article II, Ohio Constitution, providing for the passage of laws for the conservation of the natural resources of the state, including streams, lakes, submerged lands, and swamplands, and in conformity with this chapter and Chapter 1533. of the Revised Code, the chief of the division of wildlife has authority and control in all matters pertaining to the protection, preservation, propagation, possession, and management of wild animals and may adopt rules under section 1531.10 of the Revised Code for the management of wild animals. Notwithstanding division (B) of section 119.03 of the Revised Code, such rules in proposed form shall be filed under this section. Each year there shall be a public fish hearing and public game hearing. The results of the investigation and public hearing shall be filed in the office of the chief and shall be kept open for public inspection during all regular office hours. Modifying or rescinding such rules does not require a public hearing.

The chief may adopt, amend, rescind, and enforce rules throughout the state or in any part or waters thereof as provided by sections 1531.08 to 1531.12 and other sections of the Revised Code. The rules shall be filed in proposed form and available at the central wildlife office in Columbus and at each of the wildlife district offices, including the Lake Erie unit located at Sandusky, at least thirty days prior to the date of the hearing required by division (C) of section 119.03 of the Revised Code. The rules shall be based upon a public hearing and investigation of the best available biological information derived from professionally accepted practices in wildlife and fisheries management.

Each rule adopted under this section shall clearly and distinctly describe and set forth the waters or area or part thereof affected by the rule and whether the rule is applicable to all wild animals or only to certain kinds of species designated therein.

The chief may regulate any of the following:

(A) Taking and possessing wild animals, at any time and place or in any number, quantity, or length, and in any manner, and with such devices as he THE CHIEF prescribes, EXCEPT THAT THE CHIEF SHALL NOT PROHIBIT HUNTING DURING OPEN SEASON ON ANY PARTICULAR DAY OF THE WEEK;

(B) Transportation of such animals or any part thereof;

(C) Buying, selling, offering for sale, or exposing for sale any such animal or part thereof;

(D) Taking, possessing, transporting, buying, selling, offering for sale, and exposing for sale commercial fish or any part thereof, including species taken, length, weight, method of taking, mesh sizes, specifications of nets and other fishing devices, seasons, and time and place of taking.

When the chief increases the size of a fish named in section 1533.63 of the Revised Code, any fish that were legally taken, caught, or possessed prior to the increase may be possessed after the increase if the possession of the fish has been reported to the chief prior to the increase, but on or after the date of the increase the fish may not be sold to a buyer in this state.

THIS IS AN INTERIM SECTION EFFECTIVE UNTIL MARCH 4, 1998.

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

(B) The chief of the division of wildlife may authorize the taking, possession, and transportation of raptors for use in the sport of falconry by rules adopted pursuant to section 1531.08 of the Revised Code. The rules shall be consistent with federal regulations governing raptors and may authorize the taking of game by the use of raptors, including taking with a trained raptor and a dog, EXCEPT THAT NO RULE SHALL PROHIBIT A PERSON ENGAGED IN THE SPORT OF FALCONRY FROM PERMITTING THE PERSON'S RAPTOR TO TAKE GAME DURING OPEN SEASON ON ANY PARTICULAR DAY OF THE WEEK.

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

(1) Notwithstanding any other rule governing the taking of quail, authorize a person engaged in the sport of falconry to permit his THE PERSON'S raptor to take quail;

(2) Notwithstanding section 1531.02 of the Revised Code, authorize a person engaged in the sport of falconry to permit his raptor to take game on Sunday within legal seasons;

(3) Authorize special falconry seasons;

(4) Notwithstanding section 1533.07 of the Revised Code, authorize a person engaged in the sport of falconry to possess and to permit his raptor to take European starlings, English sparrows, and common pigeons, other than homing pigeons, at any time.

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

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

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

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

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

Sec. 1533.07. No person shall catch, kill, injure, pursue, or have in his THE PERSON'S possession, either dead or alive, or purchase, expose for sale, transport, or ship to a point within or without the state, or receive or deliver for transportation any bird other than a game bird, or have in his THE PERSON'S possession any part of the plumage, skin, or body of any bird other than a game bird, except as permitted in Chapters CHAPTER 1531. and 1533. THIS CHAPTER of the Revised Code, or disturb or destroy the eggs, nest, or young of such a bird.

This section does not prohibit the lawful taking, killing, pursuing, or possession of any game bird during the open season for such THE bird. Hawks or owls causing damage to domestic animals or fowl may be killed by the owner of the domestic animal or fowl while such THE damage is occurring. Bald or golden eagles and ospreys shall not be killed or possessed at any time, except that eagles or ospreys may be possessed for educational purposes by governmental or municipal zoological parks, museums, and scientific or educational institutions. European starlings, English sparrows, and common pigeons, other than homing pigeons, may be killed at any time, except Sunday, and their nests or eggs may be destroyed, at any time. Blackbirds may be killed at any time, except Sunday, when doing damage to grain or other property or when they become a nuisance.

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

Sec. 1533.10. Except as provided in this section or division (A) of section 1533.12 of the Revised Code, no person shall hunt any wild bird or wild quadruped without a hunting license. Each day that any person hunts within the state without procuring such a license constitutes a separate offense. Every applicant for a hunting license who is a resident of the state and age sixteen or over shall procure a resident hunting license, the fee for which shall be fourteen dollars, unless the rules adopted under division (B) of section 1533.12 of the Revised Code provide for issuance of a resident hunting license to the applicant free of charge. Every applicant who is a resident of the state and under the age of sixteen years shall procure a special youth hunting license, the fee for which shall be one-half of the regular hunting license fee. The owner and the children of the owner of lands in the state may hunt thereon without a hunting license. The tenant or manager and children of the tenant or manager, residing on lands in the state, may hunt thereon without a hunting license. Every applicant for a hunting license who is a nonresident of the state shall procure a nonresident hunting license, the fee for which shall be ninety dollars, unless the applicant is a resident of a state that is a party to an agreement under section 1533.91 of the Revised Code, in which case the fee shall be fourteen dollars.

The chief of the division of wildlife may issue a tourist's small game hunting license expiring three days from the effective date of the license to a nonresident of the state, the fee for which shall be twenty-four dollars. No person shall take or possess any animal that is not small game while possessing only a tourist's small game hunting license. A tourist's small game hunting license does not authorize the taking or possessing of ducks, geese, or brant without having obtained, in addition to the tourist's small game hunting license, a wetlands habitat stamp as provided in section 1533.112 of the Revised Code.

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

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

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

NO HUNTING LICENSE SHALL BE ISSUED UNLESS IT IS ACCOMPANIED BY A WRITTEN EXPLANATION OF THE LAW IN SECTION 1533.17 of the Revised Code AND THE PENALTY FOR ITS VIOLATION.

No hunting license shall be issued unless the applicant presents to the agent authorized to issue the license a previously held hunting license or evidence of having held such a license in content and manner approved by the chief, a certificate of completion issued upon completion of a hunter education and conservation course approved by the chief, or evidence of equivalent training in content and manner approved by the chief.

No person shall issue a hunting license to any person who fails to present the evidence required by this section. No person shall purchase or obtain a hunting license without presenting to the issuing agent the evidence required by this section. Issuance of a hunting license in violation of the requirements of this section is an offense by both the purchaser of the illegally obtained hunting license and the clerk or agent who issued the hunting license. Any hunting license issued in violation of this section is void.

The chief, with approval of the wildlife council, shall adopt rules prescribing a hunter education and conservation course for first-time hunting license buyers and for volunteer instructors. The course shall consist of subjects including, but not limited to, hunter safety and health, use of hunting implements, hunting tradition and ethics, the hunter and conservation, THE LAW IN SECTION 1533.17 of the Revised Code ALONG WITH THE PENALTY FOR ITS VIOLATION, and the OTHER law relating to hunting. Authorized personnel of the division or volunteer instructors approved by the chief shall conduct such courses with such frequency and at such locations throughout the state as to reasonably meet the needs of license applicants. The chief shall issue a certificate of completion to each person who successfully completes the course and passes an examination prescribed by the chief.

Notwithstanding the fees otherwise prescribed in this section, prior to September 1, 1994, the fee for a resident hunting license shall be eleven dollars, unless the rules adopted under division (B) of section 1533.12 of the Revised Code provide for the issuance of a resident hunting license to the applicant free of charge; the fee for a special youth hunting license shall be six dollars; the fee for a nonresident hunting license shall be eighty dollars, unless the applicant is a resident of a state that is a party to an agreement under section 1533.91 of the Revised Code; the fee for a nonresident hunting license shall be eleven dollars if the applicant is a resident of a state that is a party to such an agreement; and the fee for a tourist's small game hunting license shall be twenty dollars.

Sec. 1533.111. Except as provided in this section or division (A) of section 1533.12 of the Revised Code, no person shall hunt or trap fur-bearing animals on land of another without first obtaining an annual fur taker permit. Each applicant for a fur taker permit shall pay an annual fee of ten dollars, together with one dollar as a fee to the clerk or other issuing agent, for the permit, except as otherwise provided in this section or unless the rules adopted under division (B) of section 1533.12 of the Revised Code provide for issuance of a fur taker permit to the applicant free of charge. Each applicant who is a resident of the state and under the age of sixteen years shall procure a special youth fur taker permit, the fee for which shall be one-half of the regular fur taker permit fee and which shall be paid together with one dollar as a fee to the clerk or other issuing agent. The fur taker permit shall run concurrently with the hunting license. The money received, other than the one dollar fee provided for in this section, shall be paid into the state treasury to the credit of the fund established in section 1533.15 of the Revised Code.

NO FUR TAKER PERMIT SHALL BE ISSUED UNLESS IT IS ACCOMPANIED BY A WRITTEN EXPLANATION OF THE LAW IN SECTION 1533.17 of the Revised Code AND THE PENALTY FOR ITS VIOLATION.

No fur taker permit shall be issued unless the applicant presents to the agent authorized to issue a fur taker permit a previously held hunting license or trapping or fur taker permit or evidence of having held such a license or permit in content and manner approved by the chief of the division of wildlife, a certificate of completion issued upon completion of a trapper education course approved by the chief, or evidence of equivalent training in content and manner approved by the chief.

No person shall issue a fur taker permit to any person who fails to present the evidence required by this section. No person shall purchase or obtain a fur taker permit without presenting to the issuing agent the evidence required by this section. Issuance of a fur taker permit in violation of the requirements of this section is an offense by both the purchaser of the illegally obtained permit and the clerk or agent who issued the permit. Any fur taker permit issued in violation of this section is void.

The chief, with approval of the wildlife council, shall adopt rules prescribing a trapper education course for first-time fur taker permit buyers and for volunteer instructors. The course shall consist of subjects that include, but are not limited to, trapping techniques, animal habits and identification, trapping tradition and ethics, the trapper and conservation, THE LAW IN SECTION 1533.17 of the Revised Code ALONG WITH THE PENALTY FOR ITS VIOLATION, and the OTHER law relating to trapping. Authorized personnel of the division of wildlife or volunteer instructors approved by the chief shall conduct the courses with such frequency and at such locations throughout the state as to reasonably meet the needs of permit applicants. The chief shall issue a certificate of completion to each person who successfully completes the course and passes an examination prescribed by the chief.

Every person, while hunting or trapping fur-bearing animals on lands of another, shall carry his THE PERSON'S fur taker permit affixed to his THE PERSON'S hunting license with his THE PERSON'S signature written across the face of the permit. Failure to carry such a signed permit constitutes an offense under this section. The chief shall adopt any additional rules he THE CHIEF considers necessary to carry out this section.

The owner and the children of the owner of lands in this state may hunt or trap fur-bearing animals thereon without a fur taker permit. The tenant or manager and children of the tenant or manager may hunt or trap fur-bearing animals on lands where they reside without a fur taker permit.

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

A fur taker permit entitles a nonresident to take with him from this state fur-bearing animals taken and possessed by him THE NONRESIDENT as provided by law or division rule.

Notwithstanding the fees otherwise prescribed in this section, prior to September 1, 1994, the fee for an annual trapping permit shall be eight dollars, together with one dollar as a fee to the clerk or other issuing agent, for the permit, unless the rules adopted under division (B) of section 1533.12 of the Revised Code provide for the issuance of a trapping permit to the applicant free of charge, and the fee for a special youth trapping permit shall be four dollars, together with one dollar as a fee to the clerk or other issuing agent.

Sec. 1533.17. (A) No person shall hunt or trap upon any lands, pond, lake, or private waters of another, except water claimed by riparian right of ownership in adjacent lands, or shoot, shoot at, catch, kill, injure, or pursue a wild bird, wild waterfowl, or wild animal thereon without obtaining written permission from the owner or his THE OWNER'S authorized agent.

(B) THE OWNER, LESSEE, RENTER, OR OCCUPANT OF ANY LANDS, POND, LAKE, OR PRIVATE WATERS UPON WHICH A PERSON VIOLATES DIVISION (A) OF THIS SECTION IS NOT LIABLE IN DAMAGES TO ANY PERSON IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES DURING OR INCIDENTAL TO THE VIOLATION. FOR THE PURPOSES OF THIS DIVISION, A FINDING THAT A PERSON VIOLATED DIVISION (A) OF THIS SECTION IS NOT DEPENDENT UPON THE PERSON BEING CHARGED WITH OR CONVICTED OF A VIOLATION OF DIVISION (A) OF THIS SECTION. THIS DIVISION DOES NOT AFFECT ANY IMMUNITIES FROM OR DEFENSES TO CIVIL LIABILITY ESTABLISHED BY ANOTHER SECTION OF THE REVISED CODE.

Sec. 1533.66. (A) No person shall trespass upon lands or rights in lands of another, lying in or bordering upon a natural or artificial pond or brook less than ten miles in length into which have been introduced brook trout, speckled trout, brown trout, land lock LANDLOCKED salmon, California salmon, or other fish by artificial propagation or actual importation from other waters, for the purpose of fishing for, catching, or killing fish. No

(B) NO person shall catch or kill fish in such pond or brook or buy, receive, or possess fish caught contrary to this section. No

(C) NO person shall willfully place poison or other substance injurious to the health of such fish in a pond or brook described in this section for the purpose of capturing or harming such fish therein, or wrongfully and willfully let the water out of such pond or brook with intent to take or injure fish therein.

(D) Prosecutions for a violation of this section shall be instituted only upon the complaint of the person or his THE PERSON'S agent upon whose lands or rights in lands or waters the trespass has been committed.

(E) THE OWNER, LESSEE, RENTER, OR OCCUPANT OF LANDS OR RIGHTS IN LANDS UPON WHICH A PERSON VIOLATES DIVISION (A) OF THIS SECTION IS NOT LIABLE IN DAMAGES TO ANY PERSON IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISES DURING OR INCIDENTAL TO THE VIOLATION. FOR THE PURPOSES OF THIS DIVISION, A FINDING THAT A PERSON VIOLATED DIVISION (A) OF THIS SECTION IS NOT DEPENDENT UPON THE PERSON BEING CHARGED WITH OR CONVICTED OF A VIOLATION OF DIVISION (A) OF THIS SECTION. THIS DIVISION DOES NOT AFFECT ANY IMMUNITIES FROM OR DEFENSES TO CIVIL LIABILITY ESTABLISHED BY ANOTHER SECTION OF THE REVISED CODE.

Sec. 1533.68. If a person is convicted of a violation of any law relative to the taking, possession, protection, preservation, or propagation of wild animals, or a violation of division (C) of section 2909.08 of the Revised Code while hunting, or is convicted of a violation of any rule of the division of wildlife, the court or magistrate before whom the conviction is had, as an additional part of the penalty in each case, shall suspend or revoke each license or permit issued to the person in accordance with any section of the Revised Code pertaining to THE hunting, fishing, trapping, breeding, and sale of wild animals or the sale of their hides, skins, or pelts. No fee paid for such a license or permit shall be returned to the person.

No person having his A license or permit suspended or revoked as provided in this section, in the event of a hunting or trapping violation, shall engage in hunting or trapping, in the event of a violation of division (C) of section 2909.08 of the Revised Code while hunting, shall engage in hunting, or in the event of a fishing violation, shall engage in fishing, or purchase, apply for, or receive any such license or permit for the following periods of time, as applicable:

(A) Three years after the date of conviction, if the person is convicted of taking or possessing a deer in violation of section 1531.02 of the Revised Code;

(B) Not more than three years after the date of conviction, if the person is convicted of taking or possessing any other wild animal in violation of section 1531.02 of the Revised Code, or is convicted of a misdemeanor violation of division (C) of section 2909.08 of the Revised Code while hunting, OR IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF SECTION 1533.17 of the Revised Code;

(C) Not more than five years after the date of conviction, if the person is convicted of violating section 1533.171 or of taking or possessing an eagle or osprey in violation of section 1533.07 of the Revised Code, or is convicted of a felony violation of division (C) of section 2909.08 of the Revised Code while hunting.

All licenses and permits suspended or revoked as provided in this section shall be taken up by the magistrate and sent to the department of natural resources where they shall be filed with a record of the arrest until the person who held the suspended or revoked license or permit is lawfully entitled to obtain another license or permit.

Sec. 1533.99. (A) Whoever violates section 1533.17 of the Revised Code is guilty of a minor misdemeanor OF THE THIRD DEGREE ON A FIRST OFFENSE AND A MISDEMEANOR OF THE SECOND DEGREE ON EACH SUBSEQUENT OFFENSE. If the offender persists in the offense after reasonable warning or request to desist, the offender is guilty of a misdemeanor of the fourth SECOND degree.

(B) Whoever violates section 1533.161, 1533.23, 1533.24, 1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55, 1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72, 1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, 1533.79, or 1533.80, division (F) of section 1533.731, of OR division (B) or (C) of section 1533.97 of the Revised Code is guilty of a misdemeanor of the third degree.

(C) Whoever violates division (B) of section 1533.03, section 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 1533.42, 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, or 1533.721, division (B)(2) or (3) of section 1533.731, or division (A) of section 1533.97 of the Revised Code is guilty of a misdemeanor of the first degree.

(D) Whoever violates division (D) of section 1533.97 of the Revised Code is guilty of a misdemeanor of the fourth degree. The court shall require any person who is convicted of or pleads guilty to the offense to refund to all participants in the fishing tournament operated by the person any entry fees paid by the participants.

(E) Whoever violates division (C) or (D) of section 1533.632 of the Revised Code is guilty of a felony of the fifth degree.

(F) Whoever violates any section of this chapter for which no penalty is otherwise provided is guilty of a misdemeanor of the fourth degree.

(G) A court that imposes sentence for a violation of any section of this chapter governing the holding, taking, or possession of wild animals shall require the person who is convicted of or pleads guilty to the offense, in addition to any fine, term of imprisonment, seizure, and forfeiture imposed, to make restitution for the minimum value of the wild animal or animals illegally held, taken, or possessed as established under section 1531.201 of the Revised Code. An officer who collects moneys paid as restitution under this section shall pay those moneys to the treasurer of state who shall deposit them in the state treasury to the credit of the wildlife fund established under section 1531.17 of the Revised Code.

Sec. 1531.08. In conformity with Section 36 of Article II, Ohio Constitution, providing for the passage of laws for the conservation of the natural resources of the state, including streams, lakes, submerged lands, and swamplands, and in conformity with this chapter and Chapter 1533. of the Revised Code, the chief of the division of wildlife has authority and control in all matters pertaining to the protection, preservation, propagation, possession, and management of wild animals and may adopt rules under section 1531.10 of the Revised Code for the management of wild animals. Notwithstanding division (B) of section 119.03 of the Revised Code, such rules in proposed form shall be filed under this section. Each year there shall be a public fish hearing and public game hearing. The results of the investigation and public hearing shall be filed in the office of the chief and shall be kept open for public inspection during all regular office hours. Modifying or rescinding such rules does not require a public hearing.

The chief may adopt, amend, rescind, and enforce rules throughout the state or in any part or waters thereof as provided by sections 1531.08 to 1531.12 and other sections of the Revised Code. The rules shall be filed in proposed form and available at the central wildlife office and at each of the wildlife district offices, including the Lake Erie unit located at Sandusky, at least thirty days prior to the date of the hearing required by division (C) of section 119.03 of the Revised Code. The rules shall be based upon a public hearing and investigation of the best available biological information derived from professionally accepted practices in wildlife and fisheries management.

Each rule adopted under this section shall clearly and distinctly describe and set forth the waters or area or part thereof affected by the rule and whether the rule is applicable to all wild animals or only to certain kinds of species designated therein.

The chief may regulate any of the following:

(A) Taking and possessing wild animals, at any time and place or in any number, quantity, or length, and in any manner, and with such devices as he THE CHIEF prescribes, EXCEPT THAT THE CHIEF SHALL NOT PROHIBIT HUNTING DURING OPEN SEASON ON ANY PARTICULAR DAY OF THE WEEK;

(B) Transportation of such animals or any part thereof;

(C) Buying, selling, offering for sale, or exposing for sale any such animal or part thereof;

(D) Taking, possessing, transporting, buying, selling, offering for sale, and exposing for sale commercial fish or any part thereof, including species taken, length, weight, method of taking, mesh sizes, specifications of nets and other fishing devices, seasons, and time and place of taking.

When the chief increases the size of a fish named in section 1533.63 of the Revised Code, any fish that were legally taken, caught, or possessed prior to the increase may be possessed after the increase if the possession of the fish has been reported to the chief prior to the increase, but on or after the date of the increase the fish may not be sold to a buyer in this state.