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H. B. No. 199 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Burkley, Hackett
Cosponsors:
Representatives Adams, J., Buchy, Beck, Brenner, Brown, Derickson, Hayes, Hill, Johnson, Smith, Stebelton, Thompson, Wachtmann, Bishoff, Cera, Anielski, Barborak, Blessing, Hall, Letson, Maag, McClain, Phillips, Ramos, Ruhl, Scherer, Sprague Speaker Batchelder
A BILL
To amend sections 1531.01 and 1533.121 of the Revised
Code to add feral hogs to the game list and to
allow the possession of any wild turkey, wild
boar, or feral hog that is struck and killed by
the driver of a motor vehicle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1531.01 and 1533.121 of the Revised
Code be amended to read as follows:
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, feral hogs, 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. 1533.121. Except as otherwise provided by division
rule, the driver of every motor vehicle that has caused the death
of a deer, wild turkey, wild boar, or feral hog by striking the
deer, wild turkey, wild boar, or feral hog on a highway may take
possession of the deer, wild turkey, wild boar, or feral hog,
provided that within twenty-four hours thereafter, the driver
reports the accident to a wildlife officer or other law
enforcement officer. The officer shall investigate, and, if the
officer finds the death has been caused as alleged, the officer
shall give a certificate for legal ownership of the deer, wild
turkey, wild boar, or feral hog to the driver. If the such a deer
or wild turkey is unclaimed, the certificate for legal ownership
may be given to a private or public institution or charity or to
another person.
Section 2. That existing sections 1531.01 and 1533.121 of the
Revised Code are hereby repealed.
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