The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 493As Reported by the House Agriculture and Natural Resources CommitteeAs Reported by the House Agriculture and Natural Resources Committee
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES Latta, Aslanides, Carey, Gilb, Seitz, Niehaus, Hagan, Husted, Sullivan, Webster, Roman, Kearns, Wilson, Rhine, Hollister, Collier, Evans, Boccieri, Faber, Buehrer, Schaffer, Reidelbach, Blasdel, Carmichael, Sulzer, Brinkman, Distel, Seaver, Redfern, Grendell, Core, Wolpert
A BILL
To amend sections 1531.01, 1533.05, 1533.07, 1533.121,
1533.73,
and
1533.731, to enact section 1531.101,
and to repeal sections 1531.021 and
1531.022 of the
Revised Code to eliminate the
special requirements
governing Sunday hunting, to authorize the adoption
of rules governing the hunting of migratory game
birds, and
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,
1533.73,
and
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
thereof. (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
as
a resident. (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
the
taking of wild animals protected by this chapter and Chapter 1533.
of the
Revised Code is
permitted. (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
every
attempt to kill or capture and every act of assistance to
any
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
of
any kind of crayfish, aquatic insects, fish,
frogs, turtles, wild
birds, and wild quadrupeds permitted to be
taken. (J) "Transport and transportation" means carrying or
moving
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
animal
with the
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
or
rod and line shall have attached to it not more than three
baited
hooks, not more than three artificial fly rod lures, or
one
artificial bait casting lure equipped with not more than
three
sets of three hooks each. (N) "Trotline" means a device for catching fish that
consists of a line
having suspended from it, at frequent
intervals,
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
nose to
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
fur-bearing animals. (S) "Game birds" includes mourning doves, ringneck
pheasants,
bobwhite quail, ruffed grouse,
sharp-tailed grouse,
pinnated grouse, wild turkey, Hungarian
partridge, Chukar
partridge, woodcocks, black-breasted plover,
golden plover,
Wilson's snipe or jacksnipe, greater and lesser
yellowlegs, rail,
coots, gallinules, duck, geese, brant, and
crows. (T) "Nongame birds" includes all other wild birds not
included and defined as game birds. (U) "Wild quadrupeds" includes game quadrupeds and
fur-bearing animals. (V) "Game quadrupeds" includes cottontail rabbits,
gray
squirrels, black squirrels, fox squirrels, red squirrels, flying
squirrels,
chipmunks, groundhogs or woodchucks, white-tailed deer,
wild
boar, and black bears. (W) "Fur-bearing animals" includes minks, weasels,
raccoons,
skunks, opossums, muskrats, fox, beavers, badgers,
otters,
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"
includes
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
wild
quadruped whether or not the means results in capture. "Trapping"
includes every act of assistance to any other person in
capturing
wild birds or wild quadrupeds by means of the device
whether or
not the means results in capture. (AA) "Muskrat spear" means any device used in spearing
muskrats. (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
water. (DD) "Reef" means an elevation of rock, either broken or
in
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
that
chart
to be above the common level of the sloping base or
foundation
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
or in
place, or from gravel. (EE) "Fur farm" means any area used exclusively for
raising
fur-bearing animals or in addition thereto used for
hunting game,
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
permitted
to be taken, possessed, bought, or sold unless
otherwise
restricted by the Revised Code or division rule and
are alewife
(Alosa pseudoharengus), American eel (Anguilla
rostrata), bowfin
(Amia calva), burbot (Lota lota), carp
(Cyprinus carpio),
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo
(Ictiobus
cyprinellus), black bullhead (Ictalurus
melas), yellow bullhead
(Ictalurus natalis), brown
bullhead
(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
from
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
across
the entire width of the back, at the top and bottom of the
cars in
all trap, crib, and fyke nets for the purpose of keeping
the
meshes hanging squarely while the nets are fishing. (OO) "Fishing guide" means any person who, for
consideration
or hire, operates a boat, rents, leases, or
otherwise furnishes
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
in fishing. (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,
fyke
nets, dip nets, carp aprons, trotlines, other similar gear,
and
any boat used in conjunction with that gear, but does not
include
gill nets. (RR) "Native wildlife" means any species of the animal
kingdom indigenous to this state. (SS) "Gill net" means a single section of fabric or
netting
seamed to a float line at the top and a lead line at the
bottom,
which is designed to entangle fish in the net openings as
they
swim into it. (TT) "Tag fishing tournament" means a contest in which a
participant pays a fee, or gives other valuable consideration,
for
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
which
the individual pays rent and whose annual income is
primarily derived
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
(sternotherus
odoratus), common snapping turtle (Chelydra
serpentina
serpentina), spotted turtle (Clemmys guttata), eastern box
turtle
(Terrapene carolina carolina),
Blanding's turtle (Emydoidea
blandingii), common
map turtle (Graptemys geographica), ouachita
map turtle
(Graptemys pseudogeographica ouachitensis), midland
painted turtle
(Chrysemys picta marginata), red-eared slider
(Trachemys
scripta elegans), eastern spiny softshell turtle
(Apalone spinifera
spinifera), midland smooth softshell turtle
(Apalone mutica
mutica), northern fence lizard (Sceloporus
undulatus
hyacinthinus), ground skink (Scincella lateralis),
five-lined skink
(Eumeces fasciatus), broadhead skink (Eumeces
laticeps),
northern coal skink (Eumeces anthracinus anthracinus),
European wall lizard (Podarcis muralis), queen snake
(Regina
septemvittata), Kirtland's snake (Clonophis
kirtlandii), northern
water snake (Nerodia sipedon sipedon),
Lake
Erie watersnake
(Nerodia sipedon insularum), copperbelly
water snake (Nerodia
erythrogaster
neglecta), northern brown snake (Storeria dekayi
dekayi),
midland brown snake (Storeria
dekayi wrightorum),
northern redbelly snake
(Storeria occipitomaculata
occipitomaculata), eastern garter snake
(Thamnophis sirtalis
sirtalis), eastern plains garter snake
(Thamnophis radix radix),
Butler's garter snake
(Thamnophis butleri), shorthead garter snake
(Thamnophis
brachystoma), eastern ribbon snake (Thamnophis
sauritus sauritus), northern ribbon snake (Thamnophis sauritus
septentrionalis), eastern hognose snake (Heterodon platirhinos),
eastern
smooth earth snake (Virginia valeriae valeriae), northern
ringneck
snake (Diadophis punctatus edwardsii), midwest worm snake
(Carphophis amoenus helenae), eastern worm snake (Carphophis
amoenus amoenus), black racer (Coluber constrictor constrictor),
blue
racer (Coluber constrictor foxii), rough green snake
(opheodrys aestivus), smooth green snake (opheodrys
vernalis
vernalis), black rat snake (Elaphe obsoleta obsoleta),
eastern fox
snake (Elaphe
vulpina gloydi), black kingsnake (Lampropeltis
getula nigra),
eastern milk snake (Lampropeltis triangulum
triangulum), northern
copperhead (Agkistrodon contortrix mokasen),
eastern massasauga
(Sistrurus catenatus catenatus), and timber
rattlesnake
(Crotalus horridus horridus). (XX) "Amphibians" includes eastern hellbender
(Crytpobranchus
alleganiensis alleganiensis), mudpuppy (Necturus
maculosus
maculosus),
red-spotted newt
(Notophthalmus viridescens
viridescens), Jefferson
salamander (Ambystoma jeffersonianum),
spotted salamander
(Ambystoma maculatum), blue-spotted salamander
(Ambystoma
laterale), smallmouth salamander (Ambystoma texanum),
streamside
salamander (Ambystoma barbouri), marbled salamander
(Ambystoma opacum), eastern tiger salamander (Ambystoma
tigrinum
tigrinum), northern dusky salamander
(Desmognathus fuscus fuscus),
mountain dusky salamander
(Desmognathus ochrophaeus), redback
salamander (Plethodon
cinereus), ravine salamander (Plethodon
richmondi), northern slimy
salamander (Plethodon glutinosus),
Wehrle's salamander
(Plethodon wehrlei), four-toed salamander
(Hemidactylium
scutatum), Kentucky spring salamander (Gyrinophilus
porphyriticus duryi), northern spring salamander (Gyrinophilus
porphyriticus porphyriticus), mud
salamander (Pseudotriton
montanus), northern red salamander
(Pseudotriton ruber ruber),
green salamander (Aneides
aeneus),
northern two-lined salamander
(Eurycea bislineata), longtail
salamander (Eurycea longicauda
longicauda), cave salamander
(Eurycea
lucifuga), southern
two-lined salamander (Eurycea cirrigera),
Fowler's toad (Bufo
woodhousii fowleri),
American toad (Bufo americanus), eastern
spadefoot
(Scaphiopus holbrookii), Blanchard's cricket frog
(Acris
crepitans blanchardi), northern spring peeper
(Pseudacris
crucifer
crucifer), gray treefrog (Hyla versicolor),
Cope's gray treefrog
(Hyla chrysoscelis), western
chorus frog (Pseudacris triseriata
triseriata), mountain chorus frog
(Pseudacris brachyphona),
bullfrog (Rana catesbeiana),
green frog (Rana clamitans melanota),
northern leopard frog
(Rana pipiens), pickerel frog (Rana
palustris), southern
leopard frog (Rana utricularia), and wood
frog (Rana sylvatica). (YY) "Deer" means white-tailed deer
(Oddocoileus
virginianus). (ZZ) "Domestic deer" means nonnative
deer that have been
legally acquired or their offspring and that are held in
private
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
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. 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
quail,
authorize a person engaged in the sport of falconry to
permit
the person's
raptor to take quail; (2)
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
to
possess
and to permit the person's 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 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 the
person under this
section together with a valid hunting license issued to
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 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 the person's possession
any part of the plumage, skin, or body of any bird other than a
game bird,
except as permitted in Chapter 1531. and
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 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 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 as provided in section
1531.021
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
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. 1533.121. Except as otherwise provided by division
rule, the
resident driver of every motor vehicle that
has caused
the death of a deer by striking the deer on a highway
may take
possession of the deer, provided that within twenty-four
hours
thereafter,
he
the driver reports the accident to a
wildlife
officer or other law enforcement officer. The officer
shall
investigate, and, if
he
the officer finds the death has
been
caused as alleged,
he
the officer shall give a certificate
for
legal ownership of the deer
to the
person entitling
the person to
the ownership of the carcass to be possessed and
consumed by the
driver
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
institution or
charity
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
of
land may be intersected by highways or roads. No commercial
bird
shooting preserve shall be located within fifteen hundred
feet of
any other such preserve. A licensed commercial bird shooting preserve operated by a
municipal corporation on lands located within its corporate
limits
is not subject to this division. (B) The boundaries of each licensed commercial bird
shooting
preserve shall be clearly defined by posting, at
intervals of not
more than two hundred feet, with signs
prescribed by the division
of wildlife. (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
on
those lands. (D) All game birds released on a licensed commercial bird
shooting preserve shall first be banded with a leg band that
shall
bear upon it a symbol identifying the commercial bird
shooting
preserve. No game birds shall be possessed or
transported outside
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
license
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
be
less than eighty acres in area. Each such preserve shall be
in
one continuous block of land, except that the block of land
may be
intersected by highways or roads. No wild animal hunting
preserve
shall be located within three thousand feet of another
such
preserve or of a commercial bird shooting preserve licensed
under
section 1533.72 of the Revised Code. The boundaries of each wild animal hunting preserve shall
be
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
division
of wildlife. (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
and
tagged as provided in division (C) of this section may be
released
and hunted within the confines of the licensed wild
animal hunting
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
hunting preserve
license to hunt on those lands. The chief shall
establish, by
rule, the allowable methods of taking game and
nonnative wildlife
in a wild animal hunting preserve. (2) No game or nonnative wildlife on the federal
endangered
species list established in accordance with the
"Endangered
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531,
as amended,
or the state endangered species list established in
rules adopted
under section 1531.25 of the Revised Code, no bears
native to
North America, and no large carnivores of the family
Felidae shall
be released for hunting or hunted in any wild
animal hunting
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
nonnative
wildlife from the preserve a certificate bearing a
description of
the animal, the date the animal was taken, and the
name of the
preserve. (E) The chief shall adopt rules under section 1531.10 of
the
Revised Code that provide for the safety of the public and
for the
protection of the game and nonnative wildlife to be
hunted in a
wild animal hunting preserve prior to their release
in the
preserve. (F) No holder of a wild animal hunting preserve license
shall violate Chapter 1531. or this chapter of the Revised Code
or
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,
1533.121,
1533.73,
and 1533.731 and sections 1531.021 and 1531.022
of the
Revised
Code are hereby repealed.
|