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Sub. H. B. No. 420 As Enrolled
(129th General Assembly)
(Substitute House Bill Number 420)
AN ACT
To amend sections 905.31, 905.40, 905.411, 905.44,
905.50, 905.99, 1533.10, 1533.11, 1533.111,
1533.32, 1533.73, and 1533.731 and to enact
section 1531.40 of the Revised Code to require
commercial nuisance wild animal control operators
that provide nuisance wild animal removal or
control services to be licensed by the Chief of
the Division of Wildlife, to exempt residents of
other states that own land in this state from
having to obtain licenses and permits issued by
the Division for hunting, trapping, or fishing
under specified circumstances, to allow persons to
hunt in commercial bird shooting preserves and
wild animal hunting preserves without obtaining a
hunting license or deer permit, as applicable, and
to revise the rulemaking authority of the Director
of Agriculture regarding anhydrous ammonia and
other fertilizers.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 905.31, 905.40, 905.411, 905.44,
905.50, 905.99, 1533.10, 1533.11, 1533.111, 1533.32, 1533.73, and
1533.731 be amended and section 1531.40 of the Revised Code be
enacted to read as follows:
Sec. 905.31. As used in sections 905.31 to 905.501 of the
Revised Code:
(A) "Applicant" means the person who applies for the license
or requests registration of a fertilizer.
(B) "Brand name" means a name or expression, design, or
trademark used in connection with one or several grades of any
type of fertilizer.
(C) "Bulk fertilizer" means any type of fertilizer in solid,
liquid, or gaseous state, or any combination thereof, in a
nonpackaged form.
(D) "Distribute" means to offer for sale, sell, barter, or
otherwise supply fertilizer for other than manufacturing purposes.
(E) "Fertilizer" means any substance containing nitrogen,
phosphorus, or potassium or any recognized plant nutrient element
or compound that is used for its plant nutrient content or for
compounding mixed fertilizers. Lime, limestone, marl, unground
bone, water, and unmanipulated animal and vegetable manures are
excepted unless mixed with fertilizer materials.
(F) "Grade" means the percentages of total nitrogen,
available phosphorus or available phosphate (P2O5), and soluble
potassium or soluble potash (K2O) stated in the same terms, order,
and percentage as in guaranteed analysis.
(G) "Guaranteed analysis" means:
(1) The minimum percentages of plant nutrients claimed in the
following order and form:
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Total Nitrogen (N) |
per cent |
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Available phosphate (P2O5) |
per cent |
|
|
|
Soluble Potash (K2O) |
per cent |
|
|
(2) Guaranteed analysis includes, in the following order:
(a) For bone and tankage, total phosphorus (P) or phosphate
(P2O5);
(b) For basic slag and unacidulated phosphatic materials,
available and total phosphorus (P) or phosphate (P2O5) and the
degree of fineness;
(c) Additional plant nutrients guaranteed expressed as
percentage of elements in the order and form as prescribed by
rules adopted by the director of agriculture.
(H) "Label" means any written or printed matter on the
package or tag attached to it or on the pertinent delivery and
billing invoice.
(I) "Manufacture" means to process, granulate, blend, mix, or
alter the composition of fertilizers for distribution.
(J) "Mixed fertilizer" means any combination or mixture of
fertilizer designed for use, or claimed to have value, in
promoting plant growth, including fertilizer pesticide mixtures.
(K) "Net weight" means the weight of a commodity excluding
any packaging in pounds or metric equivalent, as determined by a
sealed weighing device or other means prescribed by rules adopted
by the director.
(L) "Packaged fertilizer" means any type of fertilizer in
closed containers of not over one hundred pounds or metric
equivalent.
(M) "Per cent" or "percentage" means the percentage of
weight.
(N) "Person" includes any partnership, association, firm,
corporation, company, society, individual or combination of
individuals, institution, park, or public agency administered by
the state or any subdivision of the state.
(O) "Product name" means a coined or specific designation
applied to an individual fertilizer material or mixture of a fixed
composition and derivation.
(P) "Sale" means exchange of ownership or transfer of
custody.
(Q) "Official sample" means the sample of fertilizer taken
and designated as official by the director.
(R) "Specialty fertilizer" means any fertilizer designed,
labeled, and distributed for uses other than the production of
commercial crops.
(S) "Ton" means a net weight of two thousand pounds.
(T) "Unmanipulated manure" means any substance composed
primarily of excreta, plant remains, or mixtures of such
substances that have not been processed in any manner.
(U) "Fertilizer material" includes any of the following:
(1) A material containing not more than one of the following
primary plant nutrients:
(a) Nitrogen (N);
(b) Phosphorus (P);
(c) Potassium (K).
(2) A material that has not less than eighty-five per cent of
its plant nutrient content composed of a single chemical compound.
(3) A material that is derived from a residue or by-product
of a plant or animal or a natural material deposit and has been
processed in such a way that its plant nutrients content has not
been materially changed except by purification and concentration.
(V) "Custom mixed fertilizer" means a fertilizer that is not
premixed, but that is blended specifically to meet the nutrient
needs of one specific customer.
(W) "Director" or "director of agriculture" means the
director of agriculture or the director's designee.
(X) "Lot" means an identifiable quantity of fertilizer that
may be used as an official sample.
(Y) "Unit" means twenty pounds of fertilizer or one per cent
of a ton.
(Z) "Metric ton" means a measure of weight equal to one
thousand kilograms.
(AA) "Anhydrous ammonia equipment" means, with regard to the
handling or storage of anhydrous ammonia, a container or
containers with a maximum capacity of not more than four thousand
nine hundred ninety-nine gallons or any appurtenances, pumps,
compressors, or interconnecting pipes associated with such a
container or containers. "Anhydrous ammonia equipment" does not
include equipment for the manufacture of anhydrous ammonia or the
storage of anhydrous ammonia either underground or in refrigerated
structures.
(BB) "Anhydrous ammonia system" or "system" means, with
regard to the handling or storage of anhydrous ammonia, a
container or containers with a minimum capacity of not less than
five thousand gallons or any appurtenances, pumps, compressors, or
interconnecting pipes associated with such a container or
containers. "Anhydrous ammonia system" does not include equipment
for the manufacture of anhydrous ammonia or the storage of
anhydrous ammonia either underground or in refrigerated
structures.
Sec. 905.40. The director of agriculture shall adopt and
enforce uniform rules:
(A) Governing the storing and handling of anhydrous ammonia
that is used for agricultural purposes;
(B) For safety in the design, construction, location,
installation, or operation of anhydrous ammonia systems for
agricultural use. In addition, with regard to an anhydrous ammonia
system that is used for agricultural purposes, the rules shall
establish standards and procedures for the approval or disapproval
of the design and construction of anhydrous ammonia systems and
procedures for applying for such approval, including the form of
the application.
(C) To prohibit the reselling or reuse of such containers
without authorization by the owner thereof;
(D) Requiring that guaranteed analysis be stated in a form
other than that defined in section 905.31 of the Revised Code when
another form will not impose an economic hardship on
manufacturers, distributors, and users of fertilizer anhydrous
ammonia by reason of conflicting labeling requirements among the
states.
The director shall adopt rules under this section in
accordance with Chapter 119. of the Revised Code.
Sec. 905.411. The director of agriculture may issue an order
prohibiting the use of anhydrous ammonia equipment or an anhydrous
ammonia system found not to comply with rules adopted under
division (A) or (B) of section 905.40 of the Revised Code, as
applicable. No person shall use the anhydrous ammonia equipment
or system until a release in writing is issued by the director.
The director shall not issue a release until both of the
following have occurred:
(A) The director has inspected the anhydrous ammonia
equipment or system and has found that the anhydrous ammonia
equipment or system complies with rules adopted under division (A)
or (B) of section 905.40 of the Revised Code;, as applicable.
(B) The person in control of the anhydrous ammonia equipment
or system at the time of the noncompliance has paid the director
in an amount equal to all expenses incurred by the director due to
the order prohibiting use of the anhydrous ammonia equipment or
system.
Sec. 905.44. (A) The director of agriculture may promulgate,
adopt, and enforce rules to carry into effect sections 905.31 to
905.50 of the Revised Code. Rules:
(1) Governing the storing and handling of fertilizers;
(2) For safety in the design, construction, location,
installation, or operation of equipment, containment structures,
and buildings for storing and handling fertilizers;
(3) Requiring that guaranteed analysis be stated in a form
other than that defined in section 905.31 of the Revised Code when
another form will not impose an economic hardship on
manufacturers, distributors, and users of fertilizer by reason of
conflicting labeling requirements among the states.
As used in division (A) of this section, "fertilizer" does
not include anhydrous ammonia.
(B) The rules adopted by the director under the authority of
sections 905.31 to 905.50 of the Revised Code this section shall
be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 905.50. If the director of agriculture has taken an
official sample of a fertilizer or mixed fertilizer and determined
that it constitutes mislabeled fertilizer pursuant to rules
adopted under section 905.40 or 905.44 of the Revised Code, as
applicable, the person who labeled the fertilizer or mixed
fertilizer shall pay a penalty to the consumer of the mislabeled
fertilizer or, if the consumer cannot be determined with
reasonable diligence or is not available, to the director to be
credited to the pesticide, fertilizer, and lime program fund
created under section 921.22 of the Revised Code. The amount of
the penalty shall be calculated in accordance with either division
(A) or (B) of this section, whichever method of calculation yields
the largest amount.
(A)(1) A penalty required to be paid under this section may
be calculated as follows:
(a) Five dollars for each percentage point of total nitrogen
or phosphorus in the fertilizer that is below the percentage of
nitrogen or phosphorus guaranteed on the label, multiplied by the
number of tons of mislabeled fertilizer that have been sold to the
consumer;
(b) Three dollars for each percentage point of potash in the
fertilizer that is below the percentage of potash guaranteed on
the label, multiplied by the number of tons of mislabeled
fertilizer that have been sold to the consumer.
(2) In the case of a fertilizer that contains a quantity of
nitrogen, phosphorus, or potash that is more than five percentage
points below the percentages guaranteed on the label, the
penalties calculated under division (A)(1) of this section shall
be tripled.
(3) No penalty calculated under division (A) of this section
shall be less than twenty-five dollars.
(B) A penalty required to be paid under this section may be
calculated by multiplying the market value of one unit of the
mislabeled fertilizer by the number of units of the mislabeled
fertilizer that have been sold to the consumer.
(C) Upon making a determination under this section that a
person has mislabeled fertilizer or mixed fertilizer, the director
shall determine the parties to whom the penalty imposed by this
section is required to be paid and, in accordance with division
(A) or (B) of this section, as applicable, shall calculate the
amount of the penalty required to be paid to each such party.
After completing those determinations and calculations, the
director shall issue to the person who allegedly mislabeled the
fertilizer or mixed fertilizer a notice of violation. The notice
shall be accompanied by an order requiring, and specifying the
manner of, payment of the penalty imposed by this section to the
parties in the amounts set forth in the determinations and
calculations required by this division. The order shall be issued
in accordance with Chapter 119. of the Revised Code.
No person shall violate a term or condition of an order
issued under this division.
Sec. 905.99. Whoever violates section 905.02, 905.04,
905.08, 905.11, 905.32, 905.33, 905.331, 905.35, 905.36, 905.40,
905.42, 905.43, 905.44, 905.45, 905.50, 905.52, 905.54, 905.55,
905.59, 905.60, or 905.61 of the Revised Code is guilty of a
misdemeanor of the second degree for a first offense. On each
subsequent offense the offender is guilty of a misdemeanor of the
first degree.
Sec. 1531.40. (A) As used in this section:
(1) "Nuisance wild animal" means a wild animal that
interferes with the use or enjoyment of property, is causing a
threat to public safety, or may cause damage or harm to a
structure, property, or person.
(2) "Commercial nuisance wild animal control operator" means
an individual or business that provides nuisance wild animal
removal or control services for hire to the owner, the operator,
or the owner's or operator's authorized agent of property or a
structure.
(B)(1) No person shall provide nuisance wild animal removal
or control services for hire without obtaining a license under
this section from the chief of the division of wildlife.
(2) An applicant shall pay a license fee of forty dollars for
the license. The license shall be renewed annually prior to the
first day of March and shall expire on the last day of February.
All money collected under this division shall be deposited in the
state treasury to the credit of the wildlife fund created in
section 1531.17 of the Revised Code.
(3) An individual who is providing nuisance wild animal
removal or control services for hire under a license issued under
this section is exempt from obtaining a hunting license under
section 1533.10 of the Revised Code, a fur taker permit under
section 1533.111 of the Revised Code, or a fishing license under
section 1533.32 of the Revised Code for the purposes of performing
those services.
(4) An individual who is employed by the state, a county, or
a municipal corporation and who performs nuisance wild animal
removal or control services on land that is owned by the state,
county, or municipal corporation, as applicable, as part of the
individual's employment is exempt from obtaining a license under
this section.
(C)(1) Unless otherwise specified by division rule, a
commercial nuisance wild animal control operator and any
individual who is employed by an operator that is engaged in
activities that are part of or related to the removal or control
of nuisance wild animals, including setting or maintaining traps,
shall obtain a certification of completion of a course of
instruction that complies with rules adopted under division (F) of
this section. A certification shall be renewed every three years.
(2) An individual who provides nuisance wild animal removal
or control services under a license issued under this section
shall comply with division (C)(1) of this section.
(D) An operator that holds a license issued under this
section is responsible for the acts of each of the operator's
employees in the removal or control of a nuisance wild animal.
(E) If an individual who is licensed under this section uses
a pesticide in the removal or control of a nuisance wild animal,
the individual shall obtain the appropriate license under Chapter
921. of the Revised Code.
(F) The chief shall adopt rules under section 1531.10 of the
Revised Code establishing all of the following:
(1) Appropriate methods for trapping, capturing, removing,
relocating, and controlling nuisance wild animals by operators
licensed under this section;
(2) Procedures for issuing, denying, suspending, and revoking
a license under this section;
(3) Requirements governing the certification course required
by division (C)(1) of this section. The rules shall specify the
minimum contents of such a course, including public safety and
health, animal life history, the use of nuisance wild animal
removal and control devices, and the laws and rules governing
those activities. The rules also shall specify who may conduct
such a course. The rules shall require that, in order for an
operator to receive a certification of completion, the operator
shall pass an examination.
(4) Any other requirements and procedures necessary to
administer and enforce this section.
Rules shall be adopted under division (F) of this section
only with the approval of the director of natural resources.
(G) In accordance with Chapter 119. of the Revised Code and
with rules adopted under this section, the chief may suspend or
revoke a license issued under this section if the chief finds that
the holder of the license is violating or has violated this
chapter, Chapter 1533. of the Revised Code, or rules adopted under
those chapters.
Sec. 1533.10. Except as provided in this section or division
(A)(2) of section 1533.12 or section 1533.73 or 1533.731 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.
A resident of this state who owns 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. A resident
of any other state who owns real property in this state, and the
spouse and children living with the property owner, may hunt on
that property without a license, provided that the state of
residence of the real property owner allows residents of this
state owning real property in that state, and the spouse and
children living with the property owner, to hunt without a
license. If the owner of land in this state is a limited liability
company or a limited liability partnership that consists of three
or fewer individual members or partners, as applicable, an
individual member or partner who is a resident of this state and
the member's or partner's children of any age and grandchildren
under eighteen years of age may hunt on the land owned by the
limited liability company or limited liability partnership without
a hunting license. In addition, if the owner of land in this state
is a trust that has a total of three or fewer trustees and
beneficiaries, an individual who is a trustee or beneficiary and
who is a resident of this state and the individual's children of
any age and grandchildren under eighteen years of age may hunt on
the land owned by the trust 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 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.
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, 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. 1533.11. (A) Except as provided in this section or
section 1533.731 of the Revised Code, no person shall hunt deer on
lands of another without first obtaining an annual deer permit.
Except as provided in this section, no person shall hunt wild
turkeys on lands of another without first obtaining an annual wild
turkey permit. Each applicant for a deer or wild turkey permit
shall pay an annual fee of twenty-three dollars for each permit
unless the rules adopted under division (B) of section 1533.12 of
the Revised Code provide for issuance of a deer or wild turkey
permit 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
senior deer or wild turkey permit, the fee for which shall be
one-half of the regular deer or wild turkey permit fee. Each
applicant who is under the age of eighteen years shall procure a
youth deer or wild turkey permit, the fee for which shall be
one-half of the regular deer or wild turkey permit fee. Except as
provided in division (A)(2) of section 1533.12 of the Revised
Code, a deer or wild turkey permit shall run concurrently with the
hunting license. The money received shall be paid into the state
treasury to the credit of the wildlife fund, created in section
1531.17 of the Revised Code, exclusively for the use of the
division of wildlife in the acquisition and development of land
for deer or wild turkey management, for investigating deer or wild
turkey problems, and for the stocking, management, and protection
of deer or wild turkey. Every person, while hunting deer or wild
turkey on lands of another, shall carry the person's deer or wild
turkey permit and exhibit it to any enforcement officer so
requesting. Failure to so carry and exhibit such a permit
constitutes an offense under this section. The chief of the
division of wildlife shall adopt any additional rules the chief
considers necessary to carry out this section and section 1533.10
of the Revised Code.
An owner who is a resident of this state or an owner who is
exempt from obtaining a hunting license under section 1533.10 of
the Revised Code and the children of the owner of lands in this
state may hunt deer or wild turkey thereon without a deer or wild
turkey permit. If the owner of land in this state is a limited
liability company or a limited liability partnership that consists
of three or fewer individual members or partners, as applicable,
an individual member or partner who is a resident of this state
and the member's or partner's children of any age may hunt deer or
wild turkey on the land owned by the limited liability company or
limited liability partnership without a deer or wild turkey
permit. In addition, if the owner of land in this state is a trust
that has a total of three or fewer trustees and beneficiaries, an
individual who is a trustee or beneficiary and who is a resident
of this state and the individual's children of any age may hunt
deer or wild turkey on the land owned by the trust without a deer
or wild turkey permit. The tenant and children of the tenant may
hunt deer or wild turkey on lands where they reside without a deer
or wild turkey permit.
(B) A deer or wild turkey permit is not transferable. No
person shall carry a deer or wild turkey permit issued in the name
of another person.
(C) The wildlife refunds fund is hereby created in the state
treasury. The fund shall consist of money received from
application fees for deer permits that are not issued. Money in
the fund shall be used to make refunds of such application fees.
(D) If the division establishes a system for the electronic
submission of information regarding deer or wild turkey that are
taken, the division shall allow the owner and the children of the
owner of lands in this state to use the owner's name or address
for purposes of submitting that information electronically via
that system.
Sec. 1533.111. Except as provided in this section or
division (A)(2) of section 1533.12 of the Revised Code, no person
shall hunt or trap fur-bearing animals on land of another without
first obtaining some type of an annual fur taker permit. Each
applicant for a fur taker permit or an apprentice fur taker permit
shall pay an annual fee of fourteen dollars for the permit, except
as otherwise provided in this section or unless the rules adopted
under division (B) of section 1533.12 of the Revised Code provide
for issuance of a fur taker permit 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 fur taker permit, the fee for
which shall be one-half of the regular fur taker permit fee. Each
applicant under the age of eighteen years shall procure a special
youth fur taker permit or an apprentice youth fur taker permit,
the fee for which shall be one-half of the regular fur taker
permit fee. Each type of fur taker permit shall run concurrently
with the hunting license. The money received shall be paid into
the state treasury to the credit of the fund established in
section 1533.15 of the Revised Code. Apprentice fur taker permits
and apprentice youth fur taker permits are subject to the
requirements established under section 1533.102 of the Revised
Code and rules adopted pursuant to it.
No fur taker permit 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 fur taker permit, other than an apprentice fur taker
permit or an apprentice youth fur taker permit, shall be issued
unless the applicant presents to the agent authorized to issue a
fur taker permit a previously held hunting license or trapping or
fur taker permit or evidence of having held such a license or
permit in content and manner approved by the chief of the division
of wildlife, a certificate of completion issued upon completion of
a trapper education course approved by the chief, or evidence of
equivalent training in content and manner approved by the chief. A
previously held apprentice hunting license, apprentice fur taker
permit, or apprentice youth fur taker permit does not satisfy the
requirement concerning the presentation of a previously held
hunting license or fur taker permit or evidence of such a license
or permit.
No person shall issue a fur taker permit, other than an
apprentice fur taker permit or an apprentice youth fur taker
permit, to any person who fails to present the evidence required
by this section. No person shall purchase or obtain a fur taker
permit, other than an apprentice fur taker permit or an apprentice
youth fur taker permit, without presenting to the issuing agent
the evidence required by this section. Issuance of a fur taker
permit in violation of the requirements of this section is an
offense by both the purchaser of the illegally obtained permit and
the clerk or agent who issued the permit. Any fur taker permit
issued in violation of this section is void.
The chief, with approval of the wildlife council, shall adopt
rules prescribing a trapper education course for first-time fur
taker permit buyers, other than buyers of apprentice fur taker
permits or apprentice youth fur taker permits, and for volunteer
instructors. The course shall consist of subjects that include,
but are not limited to, trapping techniques, animal habits and
identification, trapping tradition and ethics, the trapper 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 trapping. Authorized personnel of the division of
wildlife or volunteer instructors approved by the chief shall
conduct the courses with such frequency and at such locations
throughout the state as to reasonably meet the needs of permit
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.
Every person, while hunting or trapping fur-bearing animals
on lands of another, shall carry the person's fur taker permit
with the person's signature written on the permit. Failure to
carry such a signed permit constitutes an offense under this
section. The chief shall adopt any additional rules the chief
considers necessary to carry out this section.
An owner who is a resident of this state or an owner who is
exempt from obtaining a hunting license under section 1533.10 of
the Revised Code and the children of the owner of lands in this
state may hunt or trap fur-bearing animals thereon without a fur
taker permit. If the owner of land in this state is a limited
liability company or a limited liability partnership that consists
of three or fewer individual members or partners, as applicable,
an individual member or partner who is a resident of this state
and the member's or partner's children of any age may hunt or trap
fur-bearing animals on the land owned by the limited liability
company or limited liability partnership without a fur taker
permit. In addition, if the owner of land in this state is a trust
that has a total of three or fewer trustees and beneficiaries, an
individual who is a trustee or beneficiary and who is a resident
of this state and the individual's children of any age may hunt or
trap fur-bearing animals on the land owned by the trust without a
fur taker permit. The tenant and children of the tenant may hunt
or trap fur-bearing animals on lands where they reside without a
fur taker permit.
A fur taker permit is not transferable. No person shall carry
a fur taker permit issued in the name of another person.
A fur taker permit entitles a nonresident to take from this
state fur-bearing animals taken and possessed by the nonresident
as provided by law or division rule.
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 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.
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.
A resident of this state who owns 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. A resident of any other state
who owns land in this state 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, and the spouse and children
living with the owner, may take frogs and turtles and may take or
catch fish of the kind permitted to be taken or caught from that
water without obtaining a license under this section, provided
that the state of residence of the owner allows residents of this
state owning real property in that state, and the spouse and
children living with such a property owner, to take frogs and
turtles and take or catch fish without a license. If the owner of
such land in this state is a limited liability company or a
limited liability partnership that consists of three or fewer
individual members or partners, as applicable, an individual
member or partner who is a resident of this state and the member's
or partner's children of any age 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. In addition, if the owner of such land in this state is a
trust that has a total of three or fewer trustees and
beneficiaries, an individual who is a trustee or beneficiary and
who is a resident of this state and the individual's children of
any age 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. 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.
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, 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.
(H) A person may hunt game birds, other than wild turkeys, in
a licensed commercial bird shooting preserve without obtaining a
hunting license otherwise required by section 1533.10 of the
Revised Code.
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.
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 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 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 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) 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.
(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.
(J) No holder of a wild animal hunting preserve license shall
violate this chapter or Chapter 1531. of the Revised Code or any
division rule.
(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.
(L) A person may hunt game and nonnative wildlife in a
licensed wild animal hunting preserve without obtaining a hunting
license otherwise required by section 1533.10 of the Revised Code
or a deer permit otherwise required by section 1533.11 of the
Revised Code.
SECTION 2. That existing sections 905.31, 905.40, 905.411,
905.44, 905.50, 905.99, 1533.10, 1533.11, 1533.111, 1533.32,
1533.73, and 1533.731 of the Revised Code are hereby repealed.
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