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H. B. No. 238 As Reported by the House Agriculture and Natural Resources CommitteeAs Reported by the House Agriculture and Natural Resources Committee
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Latta, Stewart, J.
Cosponsors:
Representatives McGregor, J., Bubp, Evans, Ujvagi, Koziura, Zehringer, Bolon, Okey, Miller, Aslanides, Distel, Goodwin, Huffman, Sayre, Hite, Luckie
A BILL
To amend section 1531.201 of the Revised Code to
revise provisions governing the restitution value
of a wild animal that is unlawfully held, taken,
bought, sold, or possessed.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1531.201 of the Revised Code be
amended to read as follows:
Sec. 1531.201. (A) As used in this section:
(1) "Gross score" means the number derived by calculating the
measurements of the antlers of a white-tailed deer in accordance
with division (C)(2) of this section.
(2) "Point" means a projection on the antler of a
white-tailed deer that is at least one-inch long as measured from
its tip to the nearest edge of antler beam and the length of which
exceeds the length of its base. "Point" does not include an antler
beam tip.
(3) "Abnormal point" means a point that is nontypical in
shape or location.
(4) "Normal point" means a point that projects from the main
antler beam in a typical shape or location.
(5) "Inside spread of main antler beams" means the
measurement at right angles to the center line of the skull of a
white-tailed deer at the widest point between main antler beams.
(6) "Length of main antler beam" means the measurement from
the lowest outside edge of the antler burr of a white-tailed deer
over the outer curve to the most distant point of what is or
appears to be the main antler beam beginning at the place on the
antler burr where the center line along the outer curve of the
beam intersects the antler burr.
(7) "Antler burr" means the elevated bony rim around the
antler base of a white-tailed deer that is just above the skin of
the pedicle.
(B) The chief of the division of wildlife or his the
chief's
authorized representative may bring a civil action to recover
possession of
or the restitution value of any wild animal held,
taken, bought, sold, or possessed in
violation of this chapter or
Chapter 1533. of the Revised Code or
any division rule against any
person who
held, took, bought, sold, or possessed, or exercised
control over the wild animal.
Except as otherwise provided by
division rule, the following
shall be presumed to be the minimum
value to the state of wild
animals illegally held, taken, or
possessed:
(A) Each whitetail deer..........................$ 400.00
(B) Each fur-bearing animal....................... 50.00
(C) Each game bird ............................... 50.00
(D) Each nongame bird............................. 25.00
(E) Each eagle .................................. 1,000.00
(F) Each osprey................................... 750.00
(G) Each hawk or owl ............................ 100.00
(H) Each game quadruped.......................... 50.00
(I) Each fish................................... 10.00
(J) Each wild turkey ............................ 300.00
(K) Each endangered or threatened species........ 1,000.00
(L) Each other wild animal ....................... 200.00
The minimum restitution value to the state for wild animals
that are unlawfully held, taken, bought, sold, or possessed shall
be established in division rule.
(C)(1) In addition to any restitution value established in
division rule, a person who is convicted of a violation of this
chapter or Chapter 1533. of the Revised Code or a division rule
governing the holding, taking, buying, sale, or possession of an
antlered white-tailed deer with a gross score of more than one
hundred twenty-five inches also shall pay an additional
restitution value that is calculated using the following formula:
Additional restitution value = ((gross score - 100)² x
$1.65).
(2) The gross score of an antlered white-tailed deer shall be
determined by taking and adding together all of the following
measurements, which shall be made to the nearest one-eighth of an
inch using a one-quarter-inch wide flexible steel tape:
(a) Inside spread of the main antler beams, not to exceed the
length of the longest main antler beam;
(b) Length of the right main antler beam;
(c) Length of the left main antler beam;
(d) Total length of all abnormal points;
(e) Total length of all normal points as measured from the
nearest edge of the main antler beam over the outer curve to the
tip. To determine the baseline for normal point measurement, the
tape shall be laid along the outer curve of the antler beam so
that the top edge of the tape coincides with the top edge of the
antler beam on both sides of the point.
(f) Circumference taken at the narrowest place between the
antler burr and the first normal point on the right main antler
beam. If the first normal point is missing, the circumference
shall be taken at the narrowest place between the antler burr and
the second normal point.
(g) Circumference taken at the narrowest place between the
first normal point and the second normal point on the right main
antler beam. If the first normal point is missing, the
circumference shall be taken at the narrowest place between the
antler burr and the second normal point.
(h) Circumference taken at the narrowest place between the
second normal point and the third normal point on the right main
antler beam;
(i) Circumference taken at the narrowest place between the
third normal point and the fourth normal point on the right main
antler beam. If the fourth normal point is missing, the
circumference shall be taken halfway between the third normal
point and the tip of the main antler beam.
(j) Circumference taken at the narrowest place between the
antler burr and the first normal point on the left main antler
beam. If the first normal point is missing, the circumference
shall be taken at the narrowest place between the antler burr and
the second normal point.
(k) Circumference taken at the narrowest place between the
first normal point and the second normal point on the left main
antler beam. If the first normal point is missing, the
circumference shall be taken at the narrowest place between the
antler burr and the second normal point.
(l) Circumference taken at the narrowest place between the
second normal point and the third normal point on the left main
antler beam;
(m) Circumference taken at the narrowest place between the
third normal point and the fourth normal point on the right main
antler beam. If the fourth normal point is missing, the
circumference shall be taken halfway between the third normal
point and the tip of the main antler beam.
Antlers may be measured at any time; no drying time is
required.
(D) Upon conviction of holding, taking, buying, selling, or
possessing a wild animal in violation of this chapter, Chapter
1533. of the Revised Code, or a division rule, the chief shall
revoke until payment of the restitution value is made each hunting
license, fur taker permit, deer permit, wild turkey permit,
wetlands habitat stamp, and fishing license issued to that person
under this chapter or Chapter 1533. of the Revised Code. No fee
paid for such a license, permit, or stamp shall be returned to the
person.
Upon revoking a person's license, permit, or stamp or a
combination thereof under this division, the chief immediately
shall send a notice of that action by certified mail to the last
known address of the person. The notice shall state the action
taken, order the person to surrender the revoked license, permit,
or stamp or combination thereof, and state that the department of
natural resources will not afford a hearing as required under
section 119.06 of the Revised Code.
(E) Nothing in this section affects the right of seizure
under
any other section of the Revised Code.
Section 2. That existing section 1531.201 of the Revised Code
is hereby repealed.
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