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H. B. No. 18 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Wachtmann, Goodwin, Balderson, Zehringer, Evans, Skindell, Stebelton, Burke, Mecklenborg, Boose, Sears, Jordan, Maag, Blair, Murray, Uecker
A BILL
To amend sections 1533.10 and 1533.32 of the Revised
Code to establish nonresident college hunting and
fishing licenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1533.10 and 1533.32 of the Revised
Code be amended to read as follows:
Sec. 1533.10. Except as provided in this section or
division
(A)(2) 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. Except as otherwise
provided in this section, every
applicant for a hunting license
who is a resident of the state
and eighteen years of age or more
shall
procure a resident hunting license or an apprentice resident
hunting license,
the fee for which shall be eighteen 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. Except as provided in
rules adopted under division (B)(2) of that section, each
applicant who is a resident of this state and who at the time of
application is sixty-six years of age or older shall procure a
special senior hunting license, the fee for which shall be
one-half of the regular hunting license fee. Every applicant who
is under the age of eighteen years shall procure a
special youth
hunting license or an apprentice youth hunting license, the fee
for which shall be
one-half of the regular hunting license fee.
The owner of lands in the
state and the
owner's children of any
age and grandchildren under eighteen years of age may hunt
on the
lands
without a hunting license. The tenant and children of
the
tenant, residing on lands in the state, may hunt
on them without a
hunting license. Except as provided in this section regarding a
nonresident college hunting license or as otherwise provided in
division (A)(1) of section 1533.12 of the Revised Code, every
applicant for
a hunting
license who is a nonresident of the state
and who is eighteen years of age or older shall procure a
nonresident hunting license or an apprentice nonresident hunting
license, the fee for which shall be
one hundred twenty-four
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 eighteen dollars. Apprentice
resident hunting licenses, apprentice youth hunting licenses, and
apprentice nonresident hunting licenses are subject to the
requirements established under section 1533.102 of the Revised
Code and rules adopted pursuant to it.
A nonresident of the state who is enrolled at the time of
application in an Ohio institution of higher education, as defined
in section 3333.38 of the Revised Code, may apply for a
nonresident college hunting license, the fee for which shall be
equal to the fee for a resident hunting license. The chief of the
division of wildlife shall adopt rules under section 1531.10 of
the Revised Code establishing procedures and requirements
regarding verification of enrollment status for the purposes of
issuing nonresident college hunting licenses.
The chief of the division of wildlife may issue a
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
thirty-nine dollars. No person shall take or
possess deer, wild
turkeys, fur-bearing animals, ducks, geese, brant,
or any nongame
animal while
possessing only a
small game hunting license. A
small game hunting license or an apprentice nonresident hunting
license does not authorize the taking or possessing of
ducks,
geese, or brant without having obtained, in addition to
the small
game hunting license or the apprentice nonresident hunting
license, a wetlands habitat
stamp as provided in section 1533.112
of the Revised Code. A
small game hunting license or an
apprentice nonresident hunting license does not authorize the
taking
or possessing of deer, wild turkeys, or fur-bearing
animals. A
nonresident of the state who wishes to take or possess
deer,
wild turkeys, or fur-bearing animals in this state shall
procure, respectively, a deer or wild turkey permit as
provided in
section 1533.11 of the Revised Code or a fur
taker permit as
provided in section 1533.111 of the Revised
Code in addition to a
nonresident hunting license, an apprentice nonresident hunting
license, a special youth hunting license, or an apprentice youth
hunting license, or a nonresident college hunting license, as
applicable, as provided in this
section.
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
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, including a
description of terms of imprisonment and fines that may
be
imposed.
No hunting license, other than an apprentice 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. A previously held apprentice hunting
license does not satisfy the requirement concerning the
presentation of a previously held hunting license or evidence of
it.
No person shall issue a hunting license, except an apprentice
hunting license, to any person who
fails to present the evidence
required by this section. No
person shall purchase or obtain a
hunting license, other than an apprentice 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, other than buyers of apprentice
hunting licenses, 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,
including a description of terms of imprisonment and fines that
may
be imposed, and 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.
Sec. 1533.32. Except as provided in this section or
division
(A)(2) or (C) of section 1533.12 of the Revised Code, no
person,
including nonresidents, shall take or catch any fish by
angling in
any of the waters in the state or engage in fishing in
those
waters without a license. No person shall take or catch
frogs or
turtles without a valid
fishing license, except as provided in
this section. Persons
fishing in privately owned ponds, lakes, or
reservoirs to or from
which fish are not accustomed to migrate are
exempt from the
license requirements set forth in this section.
Persons fishing
in privately owned ponds, lakes, or reservoirs
that are open to
public fishing through an agreement or lease with
the division of
wildlife shall comply with the license
requirements set forth in
this section.
The Except as provided in this section regarding nonresident
college fishing licenses, the fee for an annual license shall be
thirty-nine dollars for a
resident of a
state that is not a party
to an agreement under section 1533.91
of the Revised Code. The fee
for an annual license shall be
eighteen dollars for a
resident of
a state that is a party to such an agreement. The
fee for an
annual license for residents of this state shall be
eighteen
dollars unless the rules adopted under division (B) of section
1533.12 of the
Revised Code provide for issuance of a resident
fishing license
to the applicant free of charge. Except as
provided in rules adopted under division (B)(2) of that section,
each applicant who is a resident of this state and who at the time
of application is sixty-six years of age or older shall procure a
special senior fishing license, the fee for which shall be
one-half of the annual resident fishing license fee.
A nonresident of the state who is enrolled at the time of
application in an Ohio institution of higher education, as defined
in section 3333.38 of the Revised Code, may apply for a
nonresident college fishing license, the fee for which shall be
equal to the fee for a resident fishing license. The chief of the
division of wildlife shall adopt rules under section 1531.10 of
the Revised Code establishing procedures and requirements
regarding verification of enrollment status for the purposes of
issuing nonresident college fishing licenses.
Any person under the age of
sixteen years may take or catch
frogs and turtles and take or catch fish by
angling without a
license.
The chief of the division of
wildlife may issue a tourist's
license expiring three days from
the effective date of the license
to a resident of a state that
is not a party to an agreement under
section 1533.91 of the
Revised Code. The fee for a
tourist's
license shall be eighteen dollars.
The chief shall adopt rules under section 1531.10 of the
Revised Code
providing for the issuance of a one-day fishing
license to a resident of this
state or of any other state. The fee
for such a license shall be fifty-five per
cent of the amount
established under this section for a tourist's license,
rounded up
to the nearest whole dollar. A one-day fishing license
shall allow
the holder to
take or catch fish by angling in the waters in the
state, engage in fishing in
those waters, or take or catch frogs
or turtles
in those waters for one day without obtaining an annual
license or a tourist's
license under this section.
At the request
of a holder of a one-day fishing license
who wishes to obtain an
annual license, a clerk or agent
authorized to issue licenses
under section 1533.13 of the
Revised
Code, not later than the last
day on which the one-day license would be valid if it were an
annual license, shall credit the amount of the fee paid for the
one-day license toward the fee charged for the annual license if
so authorized
by the chief.
The clerk or agent shall issue the
annual license upon
presentation of the one-day license and
payment of a fee in an
amount equal to the difference between the
fee for the annual
license and the fee for the one-day license.
Unless otherwise provided by division rule, each annual
license shall
begin on the first day of March of the
current year
and expire on the last day of February of the
following year.
No person shall alter a fishing license or possess a
fishing
license that has been altered.
No person shall procure or attempt to procure a fishing
license by fraud, deceit, misrepresentation, or any false
statement.
Owners of land over, through, upon, or along which any
water
flows or stands, except where the land is in or borders on
state
parks or state-owned lakes, together with the members of
the
immediate families of such owners, may take frogs and
turtles and
may take or catch
fish of the kind permitted to be taken or caught
therefrom
without procuring a license provided for in this
section.
This
exemption extends to tenants actually residing upon
such lands
and to the members of the immediate families of the
tenants.
Residents of state or county institutions, charitable
institutions, and military homes in this state may take frogs and
turtles without procuring the
required license, provided that a
member of the institution or
home has an identification card,
which shall be carried on
that
person when fishing.
Every fisher required to be licensed, while
fishing
or taking
or attempting to take frogs or turtles, shall carry
the license
and exhibit it to
any
person. Failure to so carry and exhibit the
license
constitutes
an offense under this section.
Section 2. That existing sections 1533.10 and 1533.32 of the
Revised Code are hereby repealed.
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