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(124th General Assembly)
(Substitute House Bill Number 493)
To amend sections 1531.01, 1533.05, 1533.07, 1533.121,
1533.731, to enact section 1531.101,
and to repeal sections 1531.021 and
1531.022 of the
Revised Code to eliminate the
governing Sunday hunting, to authorize the adoption
of rules governing the hunting of migratory game
to revise the law governing the
disposition of deer
killed by motor vehicles.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1531.01, 1533.05, 1533.07, 1533.121,
1533.731 be amended and section 1531.101 of the
Revised Code be enacted to read as follows:
Sec. 1531.01. As used in this chapter and Chapter 1533. of
the Revised Code:
(A) "Person" means individual, company, partnership,
corporation, municipal corporation, association, or any
combination of individuals, or any employee, agent, or officer
(B) "Resident" means any individual who has resided in this
state for not less than six months next preceding the date of
making application for a license.
(C) "Nonresident" means any individual who does not qualify
(D) "Division rule" or
"rule" means any rule adopted by the
chief of the division of wildlife under
section 1531.10 of the
Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which
the taking of wild animals protected by this chapter and Chapter
1533. of the Revised Code is prohibited.
(F) "Open season" means that period of time during which
taking of wild animals protected by this chapter and Chapter 1533.
Revised Code is
(G) "Take or taking" includes pursuing, shooting, hunting,
killing, trapping, angling, fishing with a trotline, or netting
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,
wild bird, or wild quadruped, and any lesser act, such as
wounding, or placing, setting, drawing, or using any other device
for killing or capturing any wild animal, whether it results in
killing or capturing the animal or not. "Take or taking" includes
attempt to kill or capture and every act of assistance to
other person in killing or capturing or attempting to kill or
capture a wild animal.
(H) "Possession" means both actual and constructive
possession and any control of things referred to.
(I) "Bag limit" means the number, measurement, or weight
any kind of crayfish, aquatic insects, fish,
frogs, turtles, wild
birds, and wild quadrupeds permitted to be
(J) "Transport and transportation" means carrying or
or causing to be carried or moved.
(K) "Sell and sale" means barter, exchange, or offer or
expose for sale.
(L) "Whole to include part" means that every provision
relating to any wild animal protected by this chapter and Chapter
1533. of the Revised Code applies to any part of the wild
same effect as it applies to the whole.
(M) "Angling" means fishing with not more than two hand
lines, not more than two units of rod and line, or a combination
of not more than one hand line and one rod and line, either in
hand or under control at any time while fishing. The hand line
rod and line shall have attached to it not more than three
hooks, not more than three artificial fly rod lures, or
artificial bait casting lure equipped with not more than
sets of three hooks each.
(N) "Trotline" means a device for catching fish that
consists of a line
having suspended from it, at frequent
vertical lines with hooks attached.
(O) "Fish" means a cold-blooded vertebrate having fins.
(P) "Measurement of fish" means length from the end of the
the longest tip or end of the tail.
(Q) "Wild birds" includes game birds and nongame birds.
(R) "Game" includes game birds, game quadrupeds, and
(S) "Game birds" includes mourning doves, ringneck
bobwhite quail, ruffed grouse,
pinnated grouse, wild turkey, Hungarian
partridge, woodcocks, black-breasted plover,
Wilson's snipe or jacksnipe, greater and lesser
coots, gallinules, duck, geese, brant, and
(T) "Nongame birds" includes all other wild birds not
included and defined as game birds.
(U) "Wild quadrupeds" includes game quadrupeds and
(V) "Game quadrupeds" includes cottontail rabbits,
squirrels, black squirrels, fox squirrels, red squirrels, flying
chipmunks, groundhogs or woodchucks, white-tailed deer,
boar, and black bears.
(W) "Fur-bearing animals" includes minks, weasels,
skunks, opossums, muskrats, fox, beavers, badgers,
coyotes, and bobcats.
(X) "Wild animals" includes mollusks, crustaceans, aquatic
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,
and all other wild mammals, but does not include domestic deer.
(Y) "Hunting" means pursuing, shooting, killing, following
after or on the trail of, lying in wait for, shooting at, or
wounding wild birds or wild quadrupeds while employing any device
commonly used to kill or wound wild birds or wild quadrupeds
whether or not the acts result in killing or wounding. "Hunting"
every attempt to kill or wound and every act of
assistance to any other person in killing or wounding or
attempting to kill or wound wild birds or wild quadrupeds.
(Z) "Trapping" means securing or attempting to secure
possession of a wild bird or wild quadruped by means of setting,
placing, drawing, or using any device that is designed to close
upon, hold fast, confine, or otherwise capture a wild bird or
quadruped whether or not the means results in capture. "Trapping"
includes every act of assistance to any other person in
wild birds or wild quadrupeds by means of the device
not the means results in capture.
(AA) "Muskrat spear" means any device used in spearing
(BB) "Channels and passages" means those narrow bodies of
water lying between islands or between an island and the mainland
in Lake Erie.
(CC) "Island" means a rock or land elevation above the
waters of Lake Erie having an area of five or more acres above
(DD) "Reef" means an elevation of rock, either broken or
place, or gravel shown by the latest United States chart to be
above the common level of the surrounding bottom of the lake,
other than the rock bottom, or in place forming the base or
foundation rock of an island or mainland and sloping from the
shore of it. "Reef" also means all elevations shown by
to be above the common level of the sloping base or
rock of an island or mainland, whether running from
the shore of
an island or parallel with the contour of the shore
of an island
or in any other way and whether formed by rock, broken
place, or from gravel.
(EE) "Fur farm" means any area used exclusively for
fur-bearing animals or in addition thereto used for
the boundaries of which are plainly marked as such.
(FF) "Waters" includes any lake, pond, reservoir, stream,
channel, lagoon, or other body of water, or any part thereof,
whether natural or artificial.
(GG) "Crib" or "car" refers to that particular compartment
of the net from which the fish are taken when the net is lifted.
(HH) "Commercial fish" means those species of fish
to be taken, possessed, bought, or sold unless
restricted by the Revised Code or division rule and
(Alosa pseudoharengus), American eel (Anguilla
(Amia calva), burbot (Lota lota), carp
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo
cyprinellus), black bullhead (Ictalurus
melas), yellow bullhead
(Ictalurus natalis), brown
(Ictalurus nebulosus), channel
catfish (Ictalurus punctatus),
flathead catfish (Pylodictis
olivaris), whitefish (Coregonus
sp.), cisco (Coregonus sp.),
freshwater drum or sheepshead
(Aplodinotus grunniens), gar
(Lepisosteus sp.), gizzard shad
(Dorosoma cepedianum), goldfish
(Carassius auratus), lake trout
(Salvelinus namaycush), mooneye
(Hiodon tergisus), quillback
(Carpiodes cyprinus), smelt
(Allosmerus elongatus, Hypomesus sp.,
Osmerus sp., Spirinchus
sp.), sturgeon (Acipenser sp.,
Scaphirhynchus sp.), sucker other
than buffalo and quillback
(Carpiodes sp., Catostomus sp.,
Hypentelium sp., Minytrema sp.,
Moxostoma sp.), white bass (Morone
chrysops), white perch (Roccus
americanus), and yellow perch
(Perca flavescens). When the
common name of a fish is used in
this chapter or Chapter 1533. of
the Revised Code, it refers to
the fish designated by the
scientific name in this definition.
(II) "Fishing" means taking or attempting to take fish by
any method, and all other acts such as placing, setting, drawing,
or using any device commonly used to take fish whether resulting
in a taking or not.
(JJ) "Fillet" means the pieces of flesh taken or cut from
both sides of a fish, joined to form one piece of flesh.
(KK) "Part fillet" means a piece of flesh taken or cut
one side of a fish.
(LL) "Round" when used in describing fish means with head
and tail intact.
(MM) "Migrate" means the transit or movement of fish to or
from one place to another as a result of natural forces or
instinct and includes, but is not limited to, movement of fish
induced or caused by changes in the water flow.
(NN) "Spreader bar" means a brail or rigid bar placed
the entire width of the back, at the top and bottom of the
all trap, crib, and fyke nets for the purpose of keeping
meshes hanging squarely while the nets are fishing.
(OO) "Fishing guide" means any person who, for
or hire, operates a boat, rents, leases, or
angling devices, ice fishing shanties or
shelters of any kind, or
other fishing equipment, and
accompanies, guides, directs, or
assists any other person in
order for the other person to engage
(PP) "Net" means fishing devices with meshes composed of
twine or synthetic material and includes, but is not limited to,
trap nets, fyke nets, crib nets, carp aprons, dip nets, and
seines, except minnow seines and minnow dip nets.
(QQ) "Commercial fishing gear" means seines, trap nets,
nets, dip nets, carp aprons, trotlines, other similar gear,
any boat used in conjunction with that gear, but does not
(RR) "Native wildlife" means any species of the animal
kingdom indigenous to this state.
(SS) "Gill net" means a single section of fabric or
seamed to a float line at the top and a lead line at the
which is designed to entangle fish in the net openings as
swim into it.
(TT) "Tag fishing tournament" means a contest in which a
participant pays a fee, or gives other valuable consideration,
a chance to win a prize by virtue of catching a tagged or
otherwise specifically marked fish within a limited period of
time, but does not include a scheme of chance conducted under
division (D)(1) of section 2915.02 of the Revised Code.
(UU) "Tenant" means an individual who resides on land for
the individual pays rent and whose annual income is
from agricultural production conducted on that
land, as "agricultural
production" is defined in section 929.01 of
the Revised Code.
(VV) "Nonnative wildlife" means any wild animal not
indigenous to this state, but does not include domestic deer.
(WW) "Reptiles" includes common musk turtle
odoratus), common snapping turtle (Chelydra
serpentina), spotted turtle (Clemmys guttata), eastern box
(Terrapene carolina carolina),
Blanding's turtle (Emydoidea
map turtle (Graptemys geographica), ouachita
(Graptemys pseudogeographica ouachitensis), midland
(Chrysemys picta marginata), red-eared slider
scripta elegans), eastern spiny softshell turtle
spinifera), midland smooth softshell turtle
mutica), northern fence lizard (Sceloporus
hyacinthinus), ground skink (Scincella lateralis),
(Eumeces fasciatus), broadhead skink (Eumeces
northern coal skink (Eumeces anthracinus anthracinus),
European wall lizard (Podarcis muralis), queen snake
septemvittata), Kirtland's snake (Clonophis
water snake (Nerodia sipedon sipedon),
(Nerodia sipedon insularum), copperbelly
water snake (Nerodia
neglecta), northern brown snake (Storeria dekayi
midland brown snake (Storeria
northern redbelly snake
occipitomaculata), eastern garter snake
sirtalis), eastern plains garter snake
(Thamnophis radix radix),
Butler's garter snake
(Thamnophis butleri), shorthead garter snake
brachystoma), eastern ribbon snake (Thamnophis
sauritus sauritus), northern ribbon snake (Thamnophis sauritus
septentrionalis), eastern hognose snake (Heterodon platirhinos),
smooth earth snake (Virginia valeriae valeriae), northern
snake (Diadophis punctatus edwardsii), midwest worm snake
(Carphophis amoenus helenae), eastern worm snake (Carphophis
amoenus amoenus), black racer (Coluber constrictor constrictor),
racer (Coluber constrictor foxii), rough green snake
(opheodrys aestivus), smooth green snake (opheodrys
vernalis), black rat snake (Elaphe obsoleta obsoleta),
vulpina gloydi), black kingsnake (Lampropeltis
eastern milk snake (Lampropeltis triangulum
copperhead (Agkistrodon contortrix mokasen),
(Sistrurus catenatus catenatus), and timber
(Crotalus horridus horridus).
(XX) "Amphibians" includes eastern hellbender
alleganiensis alleganiensis), mudpuppy (Necturus
salamander (Ambystoma jeffersonianum),
(Ambystoma maculatum), blue-spotted salamander
laterale), smallmouth salamander (Ambystoma texanum),
salamander (Ambystoma barbouri), marbled salamander
(Ambystoma opacum), eastern tiger salamander (Ambystoma
tigrinum), northern dusky salamander
(Desmognathus fuscus fuscus),
mountain dusky salamander
(Desmognathus ochrophaeus), redback
cinereus), ravine salamander (Plethodon
richmondi), northern slimy
salamander (Plethodon glutinosus),
(Plethodon wehrlei), four-toed salamander
scutatum), Kentucky spring salamander (Gyrinophilus
porphyriticus duryi), northern spring salamander (Gyrinophilus
porphyriticus porphyriticus), mud
montanus), northern red salamander
(Pseudotriton ruber ruber),
green salamander (Aneides
northern two-lined salamander
(Eurycea bislineata), longtail
salamander (Eurycea longicauda
longicauda), cave salamander
two-lined salamander (Eurycea cirrigera),
Fowler's toad (Bufo
American toad (Bufo americanus), eastern
(Scaphiopus holbrookii), Blanchard's cricket frog
crepitans blanchardi), northern spring peeper
crucifer), gray treefrog (Hyla versicolor),
Cope's gray treefrog
(Hyla chrysoscelis), western
chorus frog (Pseudacris triseriata
triseriata), mountain chorus frog
bullfrog (Rana catesbeiana),
green frog (Rana clamitans melanota),
northern leopard frog
(Rana pipiens), pickerel frog (Rana
leopard frog (Rana utricularia), and wood
frog (Rana sylvatica).
(YY) "Deer" means white-tailed deer
(ZZ) "Domestic deer" means nonnative
deer that have been
legally acquired or their offspring and that are held in
ownership for primarily agricultural purposes.
(AAA) "Migratory game bird" includes waterfowl (Anatidae);
doves (Columbidae); cranes (Gruidae); rails, coots, and gallinules
(Rallidae); and woodcock and snipe (Scolopacidae).
Sec. 1531.101. In addition to any other authority conferred
on the chief of the division of wildlife, the chief may adopt
rules under section 111.15 of the Revised Code that are necessary
to establish acceptable methods of taking migratory game birds
together with bag limits and designated seasons, areas, and hours
for hunting them.
Sec. 1533.05. (A) As used in this section and section
1533.051 of the Revised Code, "raptor" means a live migratory
of the family Falconidae or of the family Accipitridae other
a bald eagle (Haliaeetus leucocephalus).
(B) The chief of the division of wildlife may authorize
taking, possession, and transportation of raptors for use in
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
by the use of raptors, including taking with a trained
The chief, by rules adopted pursuant to section 1531.08 of
the Revised Code, may do all of the following:
(1) Notwithstanding any other rule governing the taking of
authorize a person engaged in the sport of falconry to
raptor to take quail;
Authorize a person engaged in the sport of falconry to
permit the person's
raptor to take game on Sunday within legal
seasons; (3) Authorize special falconry seasons; (4)(3) Authorize a person engaged in the sport of falconry
and to permit the person's raptor to take European
starlings, English sparrows, and common pigeons, other than homing
(C) No person shall take, possess, or transport a raptor
use in the sport of falconry or shall practice falconry
permit to do so issued by the chief. The duration of
shall be consistent with applicable federal
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
its authority under this section and may vary according
and type of permit. Moneys received from the sale of
shall be paid into the state treasury to the credit of the
established in section 1533.15 of the Revised Code.
An applicant for a permit shall present a valid hunting
license issued to the applicant for the current license year
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
another, shall carry the permit issued to the
person under this
section together with a valid hunting license issued to
for the current license year under section
1533.13 of the Revised
Code and shall exhibit the permit and license to any
enforcement officer requesting to see them.
(E) Notwithstanding any other provision of this section,
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 the person's possession, either dead or alive, or
purchase, expose for sale, transport, or ship to a point within or
the state, or receive or deliver for transportation any
other than a game bird, or have in the person's possession
any part of the plumage, skin, or body of any bird other than a
except as permitted in Chapter 1531. and
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 the bird. Hawks or owls causing damage to domestic animals
fowl may be killed by the owner of the domestic animal or fowl
while the damage is occurring. Bald or golden eagles and
shall not be killed or possessed at any time, except that
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 as provided in section
of the Revised Code, and their nests or eggs
may be destroyed, at
any time. Blackbirds may be killed at any
time , except as
provided in section 1531.021 of the Revised Code, when
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. 1533.121. Except as otherwise provided by division
resident driver of every motor vehicle that
the death of a deer by striking the deer on a highway
possession of the deer, provided that within twenty-four
the driver reports the accident to a
officer or other law enforcement officer. The officer
investigate, and, if
the officer finds the death has
caused as alleged,
the officer shall give a certificate
legal ownership of the deer
the person to
the ownership of the carcass to be possessed and
consumed by the
and the immediate family of the driver of
the vehicle or by
giving the carcass. If the deer is unclaimed, the certificate for
legal ownership may be given to a private or public
or to another person.
Sec. 1533.73. (A) Except as otherwise provided in this
division or by division rule, licensed commercial bird shooting
preserves may be established in any county of the state, but no
such preserve shall be less than eighty acres or more than six
hundred forty acres in area. A commercial bird shooting preserve
shall be in one continuous block of land, except that the block
land may be intersected by highways or roads. No commercial
shooting preserve shall be located within fifteen hundred
any other such preserve.
A licensed commercial bird shooting preserve operated by a
municipal corporation on lands located within its corporate
is not subject to this division.
(B) The boundaries of each licensed commercial bird
preserve shall be clearly defined by posting, at
intervals of not
more than two hundred feet, with signs
prescribed by the division
(C) Mallard or black ducks and other game birds upon which
there is an open season in this state, which the chief of the
division may approve for such use, and that have been legally
acquired or propagated under the authority of a propagating
license issued under section 1533.71 of the Revised Code and
marked and banded as provided in division (D) of this section may
be released and harvested by shooting within the confines of any
licensed commercial bird shooting preserve between sunrise and
sunset, without regard to sex, daily bag limit, or open season,
and including Sundays, by licensed hunters authorized by the
holder of the commercial bird shooting preserve license to hunt
(D) All game birds released on a licensed commercial bird
shooting preserve shall first be banded with a leg band that
bear upon it a symbol identifying the commercial bird
preserve. No game birds shall be possessed or
the licensed area unless each such bird is
tagged with a suitable
tag or seal supplied by the division.
(E) The holder of a commercial bird shooting preserve
license shall raise, or purchase, and release on the licensed
commercial bird shooting preserve at least five hundred pheasants
annually. With the approval of the chief, the license holder may
raise, or purchase, and release, in lieu of pheasants, a like
number of other game birds. No person shall fail to release the
required number of game birds on a licensed commercial bird
shooting preserve as required by this division.
(F) The holder of a commercial bird shooting preserve
license is not liable for any damage to or destruction of growing
crops on land adjacent to the preserve caused by game birds
released on the preserve.
(G) No holder of a commercial bird shooting preserve
shall violate this chapter or Chapter 1531. of the
Revised Code or
any division rule.
Sec. 1533.731. (A) No wild animal hunting preserve shall
less than eighty acres in area. Each such preserve shall be
one continuous block of land, except that the block of land
intersected by highways or roads. No wild animal hunting
shall be located within three thousand feet of another
preserve or of a commercial bird shooting preserve licensed
section 1533.72 of the Revised Code.
The boundaries of each wild animal hunting preserve shall
clearly defined by posting, at intervals of not more than two
hundred feet, with signs prescribed by the division of wildlife.
Each wild animal hunting preserve shall be surrounded by a fence
at least six feet in height that is constructed of a woven wire
mesh, or such other enclosure approved by the chief of the
(B)(1) Except as provided in divisions (B)(2) and (3) of
this section, game and nonnative wildlife that have been approved
by the chief for such use, that have been legally acquired or
propagated under the authority of a propagating license issued
under section 1533.71 of the Revised Code, and that are marked
tagged as provided in division (C) of this section may be
and hunted within the confines of the licensed wild
preserve between sunrise and sunset, without
regard to sex, bag
limit, or open season,
and including Sundays,
by licensed hunters
authorized by the holder of the wild animal
license to hunt on those lands. The chief shall
rule, the allowable methods of taking game and
in a wild animal hunting preserve.
(2) No game or nonnative wildlife on the federal
species list established in accordance with the
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531,
or the state endangered species list established in
under section 1531.25 of the Revised Code, no bears
North America, and no large carnivores of the family
be released for hunting or hunted in any wild
preserve in this state.
(3) No person shall release for hunting or hunt within a
wild animal hunting preserve any game or nonnative wildlife not
listed in the application for a license for that preserve.
(C) All game and nonnative wildlife released on a wild
animal hunting preserve shall be identified with a tag that shall
bear upon it a symbol identifying the preserve.
(D) For the purposes of division (B) of section 1533.02 of
the Revised Code, the owner or operator of a wild animal hunting
preserve shall furnish each person who takes any game or
wildlife from the preserve a certificate bearing a
the animal, the date the animal was taken, and the
name of the
(E) The chief shall adopt rules under section 1531.10 of
Revised Code that provide for the safety of the public and
protection of the game and nonnative wildlife to be
hunted in a
wild animal hunting preserve prior to their release
(F) No holder of a wild animal hunting preserve license
shall violate Chapter 1531. or this chapter of the Revised Code
any division rule.
(G) This section does not authorize the hunting of game
birds in a licensed wild animal hunting preserve.
SECTION 2. That existing sections 1531.01, 1533.05, 1533.07,
and 1533.731 and sections 1531.021 and 1531.022
Code are hereby repealed.