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H. B. No. 389 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Hall, Okey
Cosponsors:
Representatives Letson, Grossman, Boose, Conditt, Thompson, Buchy, Combs, Murray, O'Brien, Peterson, Hagan, C., McClain, Amstutz, Slaby
A BILL
To amend sections 901.511, 918.12, 943.01, 1531.01,
1533.01, 1533.71, 1533.721, 1533.731, 1533.74,
1533.76, 1533.77, 1533.79, and 1533.99, to enact
sections 943.20 to 943.26, and to repeal sections
1533.70, 1533.75, and 1533.80 of the Revised Code
to establish requirements and procedures governing
propagating and hunting captive deer and to revise
the law governing wild animal hunting preserves.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 901.511, 918.12, 943.01, 1531.01,
1533.01, 1533.71, 1533.721, 1533.731, 1533.74, 1533.76, 1533.77,
1533.79, and 1533.99 be amended and sections 943.20, 943.21,
943.22, 943.23, 943.24, 943.25, and 943.26 of the Revised Code be
enacted to read as follows:
Sec. 901.511. (A) As used in this section:
(1) "Agricultural product" means any of the following items
that is produced for testing or research in the context of a
product development program in conjunction or coordination with a
private research facility, a university, or any federal, state, or
local governmental agency or that is produced for personal,
commercial, pharmaceutical, or educational purposes: field crop or
field crop product; timber or timber product; forestry product;
livestock or livestock product; meat or meat product; milk or
dairy product; poultry or poultry product; equine animal; wool;
fruit or vegetable crop; aquacultural product; horticultural crop,
including plant materials grown in a greenhouse, nursery stock
grown inside or outside of a container, ornamental grass, turf
grass, ornamental trees, ornamental shrubs, or flowers; sod;
mushrooms; viticultural product; apicultural product; tobacco;
pasture; wild animal or domestic deer, as "wild animal" and
"domestic deer" are defined in section 1531.01 of the Revised
Code; monitored captive deer, captive deer with status, or captive
deer with certified chronic wasting disease status as defined in
section 943.01 of the Revised Code; or any combination of those
items.
(2) "Equipment" means any implement, machinery, real or
personal property, building, or structure that is used in the
production, growing, harvesting, or housing of any agricultural
product. "Equipment" also includes any laboratory, research,
product, samples, supplies, or fixed equipment that is used to
test, develop, or analyze the process of producing, growing, or
maintaining any agricultural product.
(3) "Material support or resources" means currency, payment
instruments, other financial securities, financial services,
lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, and
other physical assets, except medicine or religious materials.
(4) "Payment instrument" means a check, draft, money order,
traveler's check, cashier's check, teller's check, or other
instrument or order for the transmission or payment of money
regardless of whether the item in question is negotiable.
(5) "Specified offense" means either of the following:
(a) A violation of section 2909.02, 2909.03, 2909.05,
2909.06, 2909.07, 2911.13, 2911.21, 2913.02, 2913.04, or 2913.42
of the Revised Code;
(b) An attempt to commit, complicity in committing, or a
conspiracy to commit an offense listed in division (A)(5)(a) of
this section.
(B) No person shall commit a specified offense involving any
agricultural product or equipment with the intent to do any of the
following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation or
coercion;
(3) Affect the conduct of any government;
(4) Interrupt or interfere with agricultural production,
agricultural research, or equipment for purposes of disrupting or
influencing, through intimidation or other means, consumer
confidence or agricultural production methods.
Division (B) of this section does not apply to the practice
of veterinary medicine by a person who has been issued a valid
license, temporary permit, or registration certificate to practice
veterinary medicine under Chapter 4741. of the Revised Code. As
used in this division, "practice of veterinary medicine" has the
same meaning as in section 4741.01 of the Revised Code.
(C) No person shall raise, solicit, collect, donate, or
provide any material support or resources with the purpose that
the material support or resources will be used in whole or in part
to plan, prepare, carry out, or aid in either a violation of
division (B) of this section or in the concealment of, or an
escape from, a violation of that division.
(D)(1) In addition to the penalties established in section
901.99 of the Revised Code for a violation of this section, the
court may require any person who violates this section to pay the
victim of the offense an amount up to triple the value of the
agricultural product or equipment that was the subject of the
violation.
(2) In ordering restitution under division (D)(1) of this
section, the court shall consider as part of the value of the
agricultural product or equipment the market value of the
agricultural product or equipment prior to the violation and the
production, research, testing, replacement, and development costs
directly related to the agricultural product or equipment that was
the subject of the violation.
(E) The enactment of this section is not intended to require
the prosecution exclusively under this section of an act, series
of acts, or course of behavior that could be prosecuted either
under this section or under another section of the Revised Code.
One or more acts, series of acts, or courses of behavior that may
be prosecuted either under this section or under another section
of the Revised Code may be prosecuted under this section, the
other section, or both sections.
Sec. 918.12. (A) An establishment, as defined in section
918.01 of the Revised Code, that slaughters or otherwise prepares
meat of bison, cervidea, other bovidea, camelidae and hybrids
thereof, ratites, domestic rabbits,
monitored captive deer,
captive deer with status, or captive deer with certified chronic
wasting disease status as defined in section 943.01 of the Revised
Code, domestic deer, as defined in section 1531.01 of the Revised
Code, or other animals determined by the director of agriculture
by rule for human food purposes may receive voluntary state
inspection, as defined in division (B) of section 918.01 of the
Revised Code, if the establishment complies with sections 918.01
to 918.11 of the Revised Code and the rules adopted under those
sections for establishments that slaughter or otherwise prepare
for food purposes other animals and if the establishment complies
with division (C) of this section.
(B) The owner of an establishment, as defined in section
918.21 of the Revised Code, who slaughters or otherwise prepares
the meat of pheasant, quail, partridge, peafowl, grouse, captive
raised wild turkey, captive raised waterfowl, or other poultry
determined by the director by rule may receive voluntary state
inspection as defined in division (I) of section 918.21 of the
Revised Code and the rules adopted under those sections for
establishments that slaughter or otherwise prepare for food
purposes other poultry and if the establishment complies with
division (C) of this section and sections 918.21 to 918.28 of the
Revised Code.
(C) An establishment that receives voluntary state inspection
under division (A) or (B) of this section shall pay the costs of
the inspection at a rate and under terms established by rule of
the director of agriculture in accordance with section 918.04 of
the Revised Code.
Sec. 943.01. As used in sections 943.01 to 943.18 of the
Revised Code this chapter:
(A) "Animals" or "livestock" means horses, mules, and other
equidae, cattle, sheep, and goats and other bovidae, swine and
other suidae, poultry, alpacas, and llamas, and monitored captive
deer, captive deer with status, or captive deer with certified
chronic wasting disease status.
(B) "Dealer" or "broker" means any person found by the
department of agriculture buying, receiving, selling,
slaughtering, with the exception of those persons designated by
division (B)(1) of section 918.10 of the Revised Code, exchanging,
negotiating, or soliciting the sale, resale, exchange, or transfer
of any animals in an amount of more than two hundred fifty head of
cattle, horses, or other equidae or five hundred head of sheep,
goats, or other bovidae, swine and other suidae, poultry, alpacas,
or llamas, or monitored captive deer, captive deer with status, or
captive deer with certified chronic wasting disease status during
any one year. "Dealer" or "broker" does not mean any of the
following:
(1) Any railroad or other carrier transporting animals either
interstate or intrastate;
(2) Any person who by dispersal sale is permanently
discontinuing the business of farming, dairying, breeding,
raising, or feeding animals;
(3) Any person who sells livestock that has been raised from
birth on the premises of the person;
(4) Any person who buys or receives animals for grazing or
feeding purposes at a premises owned or controlled by the person
and sells or disposes of the animals after the minimum grazing or
feeding period of thirty days;
(5) Any person who places livestock in facilities other than
the person's own pursuant to a written agreement for feeding or
finishing, provided that the person retains legal and equitable
title to the livestock during the term of the agreement.
The exemptions set forth in divisions (B)(1) to (5) of this
section are exclusive of those activities requiring licensure
under this chapter sections 943.01 to 943.18 of the Revised Code,
so that a person shall be deemed to be a dealer or broker or
subject to divisions (B)(1) to (5) of this section, but shall not
be, or be subject to, both. No person who is a licensed dealer or
broker and whose license is suspended shall have livestock or
animals exempted pursuant to divisions (B)(1) to (5) of this
section.
(C) "Employee" means any person employed by a dealer or
broker to act in the dealer's or broker's behalf to buy, sell,
exchange, negotiate, or solicit sale or resale of animals in the
dealer's or broker's name.
(D) "Small dealer" means any person found by the department
buying, receiving, selling, slaughtering, with the exception of
those persons designated by division (B)(1) of section 918.10 of
the Revised Code, exchanging, negotiating, or soliciting the sale,
resale, exchange, or transfer of any animals in an amount of two
hundred fifty head or less of cattle, horses, or other equidae or
five hundred head or less of sheep, goats, or other bovidae, swine
or other suidae, poultry, alpacas, or llamas, or monitored captive
deer, captive deer with status, or captive deer with certified
chronic wasting disease status during any one year.
(E) "Captive whitetail deer licensee" means a person who has
been issued a license under section 943.03 or 943.031 of the
Revised Code and a license under section 1533.71 or 1533.721 of
the Revised Code regarding monitored captive deer, captive deer
with status, or captive deer with certified chronic wasting
disease status.
(F) "Chronic wasting disease" has the same meaning as in 9
C.F.R. 55.1.
(G) "Captive deer with status" means captive white-tailed
deer that have been legally acquired or their offspring, are part
of a herd that is monitored and tested for disease in accordance
with rules, and are privately owned primarily for the purposes of
agriculture, propagation, or providing captive deer to a wild
animal hunting preserve licensed under section 1533.721 of the
Revised Code.
(H) "Captive deer with certified chronic wasting disease
status" means captive white-tailed deer that have been legally
acquired or their offspring, are part of a herd that has been
monitored and tested for disease in accordance with rules,
including tested for chronic wasting disease for at least five
consecutive years in accordance with rules, are privately owned
primarily for the purposes of agriculture, propagation, or
providing deer to a wild animal hunting preserve licensed under
section 1533.721 of the Revised Code, and are certified "with
status" in accordance with rules.
(I) "Monitored captive deer" means whitetail deer that have
been legally acquired or their offspring, are tested for chronic
wasting disease in accordance with rules, and are held in private
ownership for agricultural or personal purposes or in a wild
animal hunting preserve licensed under section 1533.721 of the
Revised Code.
(J) "Rule" means a rule adopted under section 943.24 of the
Revised Code.
Sec. 943.20. (A) A person who wishes to propagate captive
deer with status or captive deer with certified chronic wasting
disease status shall obtain a license under section 943.03 or
943.031 of the Revised Code in addition to a captive white-tailed
deer propagation license issued under section 1533.71 of the
Revised Code.
(B) A person who wishes to operate a wild animal hunting
preserve as defined in section 1531.01 of the Revised Code on
which monitored captive deer, captive deer with status, or captive
deer with certified chronic wasting disease are released and
hunted shall obtain a license under section 943.03 or 943.031 of
the Revised Code in addition to a wild animal hunting preserve
license issued under section 1533.721 of the Revised Code.
Sec. 943.21. (A) A captive whitetail deer licensee shall have
monitored captive deer, captive deer with status, and captive deer
with certified chronic wasting disease status in the licensee's
herd tested for disease in accordance with rules.
(B) A captive whitetail deer licensee shall provide the
results of all testing required under this section to the director
of agriculture.
Sec. 943.22. The director of agriculture shall take actions
that the director determines are necessary to mitigate or
eliminate the presence of chronic wasting disease or other disease
at a facility owned by a captive whitetail deer licensee regarding
monitored captive deer, captive deer with status, or captive deer
with certified chronic wasting disease status if the director is
notified of a positive result from a test for chronic wasting
disease or other disease for a monitored captive deer, captive
deer with status, or captive deer with certified chronic wasting
disease status at the facility.
Sec. 943.23. A captive whitetail deer licensee shall comply
with the requirements established in sections 943.20 to 943.26 of
the Revised Code and in rules. The director of agriculture may
suspend or revoke a license issued under section 943.03 or 943.031
of the Revised Code regarding monitored captive deer, captive deer
with status, or captive deer with certified chronic wasting
disease status if the licensee fails to comply with those
requirements.
Sec. 943.24. The director of agriculture shall adopt rules in
accordance with Chapter 119. of the Revised Code that establish
all of the following:
(A) Requirements governing health monitoring and disease
testing of monitored captive deer, captive deer with status, and
captive deer with certified chronic wasting disease status, which
testing may include, but is not limited to, testing for chronic
wasting disease, brucellosis, and tuberculosis of such deer that
are held at a facility licensed under section 1533.71 or 1533.721
of the Revised Code;
(B) Requirements governing captive whitetail deer licensees,
including record-keeping requirements related to health monitoring
and disease testing of monitored captive deer, captive deer with
status, and captive deer with certified chronic wasting disease
status;
(C) Requirements and procedures that are necessary to
preserve the health, safety, and welfare of monitored captive
deer, captive deer with status, or captive deer with certified
chronic wasting disease status;
(D) Requirements and procedures governing the transfer of
living game and nonnative wildlife, as defined in section 1531.01
of the Revised Code, from one wild animal hunting preserve
licensed under section 1533.721 of the Revised Code to another
such wild animal hunting preserve;
(E) Tagging requirements for captive deer with status and
captive deer with certified chronic wasting disease status for
such deer that are propagated pursuant to a captive white-tailed
deer propagation license issued under section 1533.71 of the
Revised Code;
(F) Requirements governing the certification of captive deer
with certified chronic wasting disease status;
(G) Any other requirements or procedures that are necessary
to administer and enforce sections 943.20 to 943.26 of the Revised
Code.
Sec. 943.25. The director of agriculture or the director's
authorized representative may enter at reasonable times on the
premises of a captive whitetail deer licensee to conduct
investigations and inspections or to otherwise execute duties that
are necessary for the administration and enforcement of sections
943.20 to 943.26 of the Revised Code and rules.
Sec. 943.26. Notwithstanding section 943.04 of the Revised
Code, all money collected through the issuance of licenses to
captive whitetail deer licensees under this chapter shall be
credited to the captive deer fund, which is hereby created in the
state treasury. The director of agriculture shall use money in the
fund to administer sections 943.20 to 943.26 of the Revised Code
and rules.
Sec. 1531.01. As used in this chapter and Chapter 1533. of
the Revised Code:
(A) "Person" means a person as defined in section 1.59 of the
Revised Code or a company; an employee, agent, or officer of such
a person or company; a combination of individuals; the state; a
political subdivision of the state; an interstate body created by
a compact; or the federal government or a department, agency, or
instrumentality of it.
(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 or migratory 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.
(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); cormorants
(Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and
woodcock and snipe (Scolopacidae).
(BBB) "Accompany" means to go along with another person while
staying within a distance from the person that enables
uninterrupted, unaided visual and auditory communication.
(CCC) "Electric-powered all-purpose vehicle" means any
battery-powered self-propelled electric vehicle that is designed
primarily for cross-country travel on land, water, or land and
water and that is steered by wheels, caterpillar treads, or a
combination of wheels and caterpillar treads and includes vehicles
that operate on a cushion of air, vehicles commonly known as
all-terrain vehicles, all-season vehicles, mini-bikes, and trail
bikes. "Electric-powered all-purpose vehicle" does not include a
utility vehicle as defined in section 4501.01 of the Revised Code,
any vehicle that is principally used in playing golf, any motor
vehicle or aircraft that is required to be registered under
Chapter 4503. or 4561. of the Revised Code, or any vehicle that is
excluded from the definition of "motor vehicle" as provided in
division (B) of section 4501.01 of the Revised Code.
(DDD) "Wholly enclosed preserve" means an area of land that
is surrounded by a fence that is at least six feet in height,
unless otherwise specified in division rule, and is constructed of
a woven wire mesh, or another enclosure that the division of
wildlife may approve, where game birds, game quadrupeds, reptiles,
amphibians, or fur-bearing animals are raised and may be sold
under the authority of a commercial propagating license or captive
white-tailed deer propagation license obtained under section
1533.71 of the Revised Code.
(EEE) "Commercial bird shooting preserve" means an area of
land where game birds are released and hunted by shooting as
authorized by a commercial bird shooting preserve license obtained
under section 1533.72 of the Revised Code.
(FFF) "Wild animal hunting preserve" means an area of land
where game, captive white-tailed deer, and nonnative wildlife,
other than game birds, are released and hunted as authorized by a
wild animal hunting preserve license obtained under section
1533.721 of the Revised Code.
(GGG) "Captive white-tailed deer" means legally acquired deer
that are held in private ownership at a facility licensed under
section 943.03 or 943.031 of the Revised Code and under section
1533.71 or 1533.721 of the Revised Code.
Sec. 1533.01. As used in this chapter, "person," "resident,"
"nonresident," "division rule," "rule," "closed season," "open
season," "take or taking," "possession," "bag limit," "transport
and transportation," "sell and sale," "whole to include part,"
"angling," "trotline," "fish," "measurement of fish," "wild
birds," "game," "game birds," "nongame birds," "wild quadrupeds,"
"game quadrupeds," "fur-bearing animals," "wild animals,"
"hunting," "trapping," "muskrat spear," "channels and passages,"
"island," "reef," "fur farm," "waters," "crib," "car," "commercial
fish," "fishing," "fillet," "part fillet," "round," "migrate,"
"spreader bar," "fishing guide," "net," "commercial fishing gear,"
"native wildlife," "gill net," "tag fishing tournament," "tenant,"
"nonnative wildlife," "reptiles," "amphibians," "deer," "domestic
deer," "migratory game bird," "accompany," and "electric-powered
all-purpose vehicle," "wholly enclosed preserve," "commercial bird
shooting preserve," "wild animal hunting preserve," and "captive
white-tailed deer" have the same meanings as in section 1531.01 of
the Revised Code.
Sec. 1533.71. (A) Unless otherwise provided in this section
or by division rule, any person desiring to engage in the business
of raising and selling game birds, game quadrupeds, reptiles,
amphibians, or fur-bearing animals in a wholly enclosed preserve
of which the person is the owner or lessee, or to have game birds,
game quadrupeds, reptiles, amphibians, or fur-bearing animals in
captivity, shall apply in writing submit an application to the
division of wildlife for a license to do so. This section does not
apply to a person who possesses wild animals under the authority
of a license for a wild animal hunting preserve or a commercial
bird shooting preserve.
The division, when it appears that the application is made in
good faith and the applicant is in compliance with division (B) of
this section, if applicable, and upon the payment of the fee for
each license, may issue to the applicant any of the following
licenses that may be applied for:
(A)(1) "Commercial propagating license" permitting the
licensee to propagate game birds, game quadrupeds except captive
white-tailed deer, reptiles, amphibians, or fur-bearing animals in
the wholly enclosed preserve the location of which is stated in
the license and the application therefor, and to sell the
propagated game birds, game quadrupeds except captive white-tailed
deer, reptiles, amphibians, or fur-bearing animals and ship them
from the state alive at any time, and permitting the licensee and
the licensee's employees to kill the propagated game birds, game
quadrupeds
except captive white-tailed deer, or fur-bearing
animals and sell the carcasses for food subject to sections
1533.70
1533.71 to 1533.80
1533.79 of the Revised Code. The fee
for such a license is forty dollars per annum.
(B)(2) "Noncommercial propagating license" permitting the
licensee to propagate game birds, game quadrupeds except captive
white-tailed deer, reptiles, amphibians, or fur-bearing animals
and to hold the animals in captivity. Game birds, game quadrupeds
except captive white-tailed deer, reptiles, amphibians, and
fur-bearing animals propagated or held in captivity by authority
of a noncommercial propagating license are for the licensee's own
use and shall not be sold. The fee for such a license is
twenty-five dollars per annum.
(C) A free "raise to release license" permitting duly
organized clubs, associations, or individuals approved by the
division to engage in the raising of game birds, game quadrupeds,
or fur-bearing animals for release only and not for sale or
personal use.
(3) "Captive white-tailed deer propagation license"
permitting the licensee to propagate captive white-tailed deer,
hold the animals in captivity, and sell the animals and carcasses.
The fee for such a license is forty dollars. The license is valid
until a licensee ceases to hold captive white-tailed deer or the
license is revoked, whichever occurs earlier.
(B)(1) A person who wishes to obtain a captive white-tailed
deer propagation license, prior to applying for the license, shall
construct an authorized enclosure that is surrounded by a fence
that is eight feet in height with a minimal deviation not to
exceed four per cent, is constructed in a manner that prevents
ingress and egress of deer, and is constructed of materials that
are approved by the chief of the division of wildlife in
consultation with the animal and plant health inspection service
in the United States department of agriculture, the department of
agriculture, and representatives of the cervid industry in this
state.
(2) After constructing an authorized enclosure in accordance
with division (B)(1) of this section and division rules, the
person may submit an application for a captive white-tailed deer
propagation license.
(3) Not later than thirty days after the submission of the
application, a representative from the division shall inspect the
authorized enclosure to ensure compliance with division (B)(1) of
this section and division rules. If the applicant's authorized
enclosure is not in compliance with all of the applicable
requirements, the representative shall inform the applicant in
writing of the deficiencies not later than ten business days after
the inspection. If the applicant corrects the deficiencies, the
applicant shall request a reinspection. The reinspection shall be
conducted in accordance with this division not later than thirty
days after the request for reinspection.
If the applicant's authorized enclosure complies with all of
the applicable requirements, the chief shall review the
application and shall issue or deny the license. If the chief
denies the license, the chief shall return the application to the
applicant with an explanation of the reasons for denial. The
applicant may correct the deficiencies in the application and
submit a revised application. If the applicant corrects the
deficiencies, the chief shall issue the license as provided in
this section.
(4) Upon receipt of a captive white-tailed deer propagation
license, receipt of a license under section 943.03 or 943.031 of
the Revised Code, and a demonstration to the chief or the chief's
designee that each captive white-tailed deer held by the licensee
was legally acquired, the licensee may place all of the licensee's
deer in the authorized enclosure. The licensee thereafter shall
comply with this chapter and Chapter 1531. of the Revised Code,
division rules, sections 943.20 to 943.26 of the Revised Code, and
rules adopted under section 943.24 of the Revised Code.
(C) The division may inspect a facility to which a captive
white-tailed deer propagation license has been issued only at
reasonable times and when the inspection is in connection with a
criminal investigation.
(D) The chief, with the approval of the director of
agriculture, may suspend or revoke a captive white-tailed deer
propagation license issued to a person who also has been issued a
valid license under section 943.03 or 943.031 of the Revised Code
for the same facility if the person fails to comply with this
chapter and Chapter 1531. of the Revised Code, division rules,
sections 943.20 to 943.26 of the Revised Code, and rules adopted
under section 943.24 of the Revised Code.
(E) Except as provided by law, no person shall possess game
birds, game quadrupeds, or fur-bearing animals in closed season,
provided that municipal or governmental zoological parks are not
required to obtain the licenses provided for in this section.
All (F) Except for a captive white-tailed deer propagation
license, all licenses issued under this section shall expire on
the fifteenth day of March of each year.
(G) The chief of the division of wildlife shall pay all
moneys received as fees for the issuance of licenses under this
section into the state treasury to the credit of the fund created
by section 1533.15 of the Revised Code for the use of the division
in the purchase, preservation, and protection of wild animals and
for the necessary clerical help and forms required by sections
1533.70 1533.71 to 1533.80 1533.79 of the Revised Code.
(H) This section does not authorize the taking or the release
for taking of the following:
(1) Game birds, without first obtaining a commercial bird
shooting preserve license issued under section 1533.72 of the
Revised Code;
(2) Game or nonnative wildlife, without first obtaining a
wild animal hunting preserve license issued under section 1533.721
of the Revised Code.
Sec. 1533.721. (A) Except as otherwise provided by division
rule, no person shall offer for hunting or hunt any nonnative
wildlife except in a licensed wild animal hunting preserve. No
person shall operate a wild animal hunting preserve without first
obtaining a wild animal hunting preserve license issued by the
chief of the
divison
division of wildlife under this section.
(B) Application for a wild animal hunting preserve license
shall be made on a form prescribed by the chief and shall be
accompanied by an annual license a license application fee of
three hundred one thousand dollars. The application shall contain
a list of which species of game and nonnative wildlife are to be
released for hunting in the preserve, a description of the lands
that are to constitute the preserve, a description of the tag and
symbol identifying the preserve required under division (C) of
section 1533.731 of the Revised Code, and any other information
required by the chief.
(C) The chief, upon payment of the license application fee,
may shall issue to the applicant a wild animal hunting preserve
license if all of the following conditions are met:
(1) The operation of the wild animal hunting preserve does
not conflict with a prior reasonable public interest;.
(2) The proposed wild animal hunting preserve meets the
requirements established in division (A) of section 1533.731 of
the Revised Code;.
(3) The applicant is the owner or lessee of the land
described in the application and maintains
his
that status as the
owner or lessee of the land until the license expires.
(4) The proposed wild animal hunting preserve has been
inspected by a representative of the division of wildlife to
ensure that all wild deer have been removed from the proposed wild
animal hunting preserve before any game or nonnative wildlife are
released into the preserve.
(D) Prior to an inspection of a proposed wild animal hunting
preserve for purposes of division (C)(4) of this section, an
applicant for a wild animal hunting preserve license shall remove
all wild deer from the proposed preserve using a method that is
approved by the chief. All wild deer that cannot be removed from
the proposed wild animal hunting preserve shall be killed, and the
applicant shall submit a restitution fee in accordance with
section 1531.201 of the Revised Code.
(E) Inspection of a proposed wild animal hunting preserve
shall be conducted and approval or disapproval of an initial
license for such a preserve shall be made between the first day of
January through the last day of March of the year in which the
applicant first intends to operate the preserve.
(F) Upon receipt of the initial license for a wild animal
hunting preserve, receipt of a license under section 943.03 or
943.031 of the Revised Code, and a demonstration to the chief or
the chief's designee that each captive white-tailed deer held by
the licensee was legally acquired, the licensee may place all of
the licensee's deer in the wild animal hunting preserve. A wild
animal hunting preserve licensee holding captive white-tailed deer
in the preserve shall comply with this chapter and Chapter 1531.
of the Revised Code, division rules, sections 943.20 to 943.26 of
the Revised Code, and rules adopted under section 943.24 of the
Revised Code.
All (G)(1) Except as otherwise provided in division (G)(2) of
this section, all licenses issued under this section shall expire
on the thirtieth day of April of each year. Any license holder
wishing to own or operate a wild animal hunting preserve in the
year following the expiration of
his
the license shall apply for a
new license under division (B) of this section submit a license
renewal form prescribed by the chief and include an animal renewal
fee of two hundred dollars.
(2) A license issued under this section for a wild animal
hunting preserve in which only captive white-tailed deer are kept
does not expire unless the license is revoked by the chief under
division (H)(2) of this section.
(E) In (H)(1) Except as otherwise provided in division (H)(2)
of this section, and in accordance with Chapter 119. of the
Revised Code, the chief may suspend or revoke a wild animal
hunting preserve license if
he
the chief finds that the license
holder has violated or is violating this chapter or Chapter 1531.
of the Revised Code or any division rule.
(2) The chief, with the approval of the director of
agriculture, may suspend or revoke a wild animal hunting preserve
license issued to a person who also has been issued a valid
license for that preserve under section 943.03 or 943.031 of the
Revised Code if the person fails to comply with this chapter and
Chapter 1531. of the Revised Code, division rules, sections 943.20
to 943.26 of the Revised Code, and rules adopted under section
943.24 of the Revised Code.
(F)(I) This section does not authorize the hunting of game
birds in a licensed wild animal hunting preserve unless the
licensee also possesses a valid commercial bird shooting preserve
license issued under section 1533.72 of the Revised Code for the
same land for which the wild animal hunting preserve license was
issued.
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 one thousand five hundred 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 four
hundred feet, with signs prescribed by the division of wildlife.
Each wild animal hunting preserve shall be surrounded by a fence
at least six eight feet in height, with a minimal deviation not to
exceed four per cent, 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, 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 that are marked and
tagged as provided in division (C) of this section or propagated
within the confines of a licensed wild animal hunting preserve may
be released and hunted within the confines of the licensed wild
animal hunting preserve between one-half hour before sunrise and
one-half hour after sunset, without regard to sex, bag limit, or
open season, 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 Unless otherwise specified by division rule, 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) No person shall remove living game or nonnative wildlife
from a wild animal hunting preserve unless the game or nonnative
wildlife are being transferred to another wild animal hunting
preserve in accordance with rules adopted by the director of
agriculture under section 943.24 of the Revised Code.
(E) The holder of a wild animal hunting preserve license
shall keep a record of all animals that have been released into
the preserve. The record shall include all of the following:
(1) The date on which each animal was released into the
preserve;
(2) The number of each species of animals;
(3) The number of males and females of each species of
animals;
(4) The name and address of each person from whom each animal
was obtained.
The licensee shall record in a manner specified by the
division the name and address of each person that takes any game
or nonnative wildlife from the preserve. The licensee shall
maintain those records for a period of two years and make them
available for inspection by the division at all reasonable times
in conjunction with an active criminal investigation.
(F) In addition to complying with the requirements
established by division (E) of this section, the holder of a wild
animal hunting preserve license who has captive white-tailed deer
in the preserve shall keep a record of all known escapes of those
deer, deaths of those deer that were not a result of hunting, and
laboratory results for testing for chronic wasting disease of
those deer that is required by section 943.21 of the Revised Code
and rules adopted under section 943.24 of the Revised Code.
(G) 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)(H) The holder of a wild animal hunting preserve license
prominently shall display the license at the place of business
that is specified in the license.
(I) 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)(J) No holder of a wild animal hunting preserve license
shall violate this chapter or Chapter 1531. or this chapter of the
Revised Code or any division rule.
(G)(K) This section does not authorize the hunting of game
birds in a licensed wild animal hunting preserve unless the
licensee also possesses a valid commercial bird shooting preserve
license issued under section 1533.72 of the Revised Code for the
same land for which the wild animal hunting preserve license was
issued.
Sec. 1533.74. No game birds, game quadrupeds, or fur-bearing
animals held under the authority of a license issued under section
1533.71, 1533.72, or 1533.721 of the Revised Code shall be sold
for food unless the carcass of each game bird, game quadruped, or
fur-bearing animal is tagged with a suitable tag or seal supplied
approved by the division of wildlife. Game birds, game quadrupeds,
and fur-bearing animals so killed and tagged may be possessed,
bought, or sold at any time. Common carriers shall receive and
transport game birds, game quadrupeds, and fur-bearing animals so
tagged, but to every package containing them shall be affixed a
tag or label upon which shall be plainly printed or written the
name of the person to whom the license was issued, the name of the
person to whom they are to be transported, the number of game
birds, game quadrupeds, or fur-bearing animals contained in the
package, and a statement to the effect that they were killed and
tagged in accordance with sections 1533.70 1533.71 to
1533.80
1533.79 of the Revised Code.
The chief of the division of wildlife may adopt rules under
section 1531.10 of the Revised Code necessary to administer this
section.
This section and rules adopted pursuant to it do not apply to
meat that has been inspected by the department of agriculture
under Chapter 918. of the Revised Code and rules adopted under it
and that has been marked with an official inspection mark, stamp,
or brand pursuant to that inspection.
Sec. 1533.76. No licensee shall ship any live pheasants
propagated in accordance with sections 1533.70 1533.71 to
1533.80,
inclusive, 1533.79 of the Revised Code, from this state, until he
the licensee has first offered them to the division of wildlife at
a reasonable price, which price shall not exceed the price at
which he the licensee offers them for sale at any place outside
the state.
Sec. 1533.77. (A) Each holder of a noncommercial or
commercial propagating license issued under section 1533.71 of the
Revised Code shall keep such the license prominently displayed at
the place of business specified in his the license, and shall keep
accurate written records
which that shall include the total number
of game birds, game quadrupeds, or fur-bearing animals possessed
on the date of application for the license, the number
subsequently propagated or acquired by purchase or gift, the
number that escaped, the number that were released, the number
that died, and the name and address of each person or corporation
from whom or to whom game birds, game quadrupeds or fur-bearing
animals were received as a gift or given as a gift or purchased or
sold alive or sold for food, and the date of each transaction.
These records shall be kept permanently on the premises stated in
the license, and shall be open for inspection by any authorized
representative of the division of wildlife at all reasonable
times.
(B) Each holder of a captive white-tailed deer propagation
license issued under section 1533.71 of the Revised Code shall
maintain all records that are required in rules adopted under
section 943.24 of the Revised Code. The records shall be kept
permanently on the premises stated in the license and shall be
open for inspection by any authorized representative of the
department of agriculture at all reasonable times and of the
division of wildlife at all reasonable times in conjunction with
an active criminal investigation.
(C) The holder of a captive white-tailed deer propagation
license shall not knowingly falsify any record or tag that is
required in rules adopted under section 943.24 of the Revised Code
or in rules adopted under section 1531.10 of the Revised Code.
Sec. 1533.79. (A) The chief of the division of wildlife may
adopt, amend, and rescind such rules as he the chief considers
necessary to control or eradicate parasites and diseases of
domesticated or semi-wild game birds, game quadrupeds other than
captive white-tailed deer, fur-bearing animals, or nonnative
wildlife on the lands subject to sections
1533.70 1533.71 to
1533.80 1533.79 of the Revised Code.
(B) This chapter and Chapter 1531. of the Revised Code and
division rules do not supersede the authority of the director of
agriculture under Chapter 941. of the Revised Code to prevent the
spread of dangerously contagious or infectious diseases and to
provide for the control and eradication of such diseases.
Sec. 1533.99. (A) Whoever violates section 1533.17 of the
Revised Code is guilty of a misdemeanor of the third degree on a
first offense and a misdemeanor of the second degree on each
subsequent offense. In addition to any other sanction imposed
under this division, on a second or subsequent offense occurring
within a period of three consecutive years after the date of
conviction of the immediately preceding violation of that section
any firearms or other hunting implements in the possession or
under the control of the offender at the time of the violation are
subject to seizure in accordance with section 1531.20 of the
Revised Code. If the offender persists in the offense after
reasonable warning or request to desist, the offender is guilty of
a misdemeanor of the 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, or 1533.79, or
1533.80, division (F)(J) of section 1533.731, 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, 1533.721, 1533.881,
or 1533.882, 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 may 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.
Section 2. That existing sections 901.511, 918.12, 943.01,
1531.01, 1533.01, 1533.71, 1533.721, 1533.731, 1533.74, 1533.76,
1533.77, 1533.79, and 1533.99 and sections 1533.70, 1533.75, and
1533.80 of the Revised Code are hereby repealed.
Section 3. (A) As used in this section, "monitored captive
deer," "captive deer with status," "captive deer with certified
chronic wasting disease status," and "captive whitetail deer
licensee" have the same meanings as in section 943.01 of the
Revised Code.
(B)(1) Notwithstanding rules adopted under section 943.24 of
the Revised Code, as enacted by this act, a captive whitetail deer
licensee that has tested each captive deer with status and captive
deer with certified chronic wasting disease status in the
licensee's herd for brucellosis and tuberculosis during the twelve
months preceding the effective date of this act, but not prior to
those twelve months, according to records maintained by the
Department of Agriculture, shall test each such deer for
brucellosis and tuberculosis one time during the twelve months
immediately following the effective date of this act. Thereafter,
a licensee shall have each captive deer with status and captive
deer with certified chronic wasting disease status in the
licensee's herd tested for brucellosis and tuberculosis in
accordance with rules adopted under section 943.24 of the Revised
Code, as enacted by this act.
(2) Notwithstanding rules adopted under section 943.24 of the
Revised Code, as enacted by this act, a captive whitetail deer
licensee that has tested each captive deer with status and captive
deer with certified chronic wasting disease status in the
licensee's herd annually for brucellosis and tuberculosis for two
or more years prior to the effective date of this act, according
to records maintained by the Department of Agriculture, thereafter
shall test such deer for brucellosis and tuberculosis in
accordance with rules adopted under section 943.24 of the Revised
Code, as enacted by this act.
(C) The rules adopted under section 943.24 of the Revised
Code, as enacted by this act, shall allow captive deer with status
that have been certified or that are in the process of being
certified pursuant to 9 C.F.R. parts 55 and 81 prior to the
effective date of this act to retain that certification or to
continue the process of certification, provided that the captive
whitetail deer licensee who owns the deer continues to comply with
9 C.F.R. parts 55 and 81 and sections 943.20 to 943.26 of the
Revised Code, as enacted by this act, and rules adopted under
section 943.24 of the Revised Code, as enacted by this act.
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