Bill Text: OH HB199 | 2013-2014 | 130th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Republican 23-7)

Status: (Engrossed - Dead) 2013-10-31 - To Agriculture [HB199 Detail]

Download: Ohio-2013-HB199-Comm_Sub.html

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As Reported by the House Agriculture and Natural Resources Committee

130th General Assembly Regular Session 2013-2014

H. B. No. 199

Representatives Burkley, Hackett 

Cosponsors: Representatives Adams, J., Buchy, Beck, Brenner, Brown, Derickson, Hayes, Hill, Johnson, Smith, Stebelton, Thompson, Wachtmann, Bishoff, Cera 

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A BILL

To amend sections 1531.01 and 1533.121 of the Revised

1

Code to add feral hogs to the game list and to

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allow the possession of any wild turkey, wild

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boar, or feral hog that is struck and killed by

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the driver of a motor vehicle.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1531.01 and 1533.121 of the Revised	6
Code be amended to read as follows:	7

Sec. 1531.01.  As used in this chapter and Chapter 1533. of	8
the Revised Code:	9

(A) "Person" means a person as defined in section 1.59 of the	10
Revised Code or a company; an employee, agent, or officer of such	11
a person or company; a combination of individuals; the state; a	12
political subdivision of the state; an interstate body created by	13
a compact; or the federal government or a department, agency, or	14
instrumentality of it.	15

(B) "Resident" means any individual who has resided in this	16
state for not less than six months next preceding the date of	17
making application for a license.	18

(C) "Nonresident" means any individual who does not qualify	19
as a resident.	20

(D) "Division rule" or "rule" means any rule adopted by the	21
chief of the division of wildlife under section 1531.10 of the	22
Revised Code unless the context indicates otherwise.	23

(E) "Closed season" means that period of time during which	24
the taking of wild animals protected by this chapter and Chapter	25
1533. of the Revised Code is prohibited.	26

(F) "Open season" means that period of time during which the	27
taking of wild animals protected by this chapter and Chapter 1533.	28
of the Revised Code is permitted.	29

(G) "Take or taking" includes pursuing, shooting, hunting,	30
killing, trapping, angling, fishing with a trotline, or netting	31
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,	32
wild bird, or wild quadruped, and any lesser act, such as	33
wounding, or placing, setting, drawing, or using any other device	34
for killing or capturing any wild animal, whether it results in	35
killing or capturing the animal or not. "Take or taking" includes	36
every attempt to kill or capture and every act of assistance to	37
any other person in killing or capturing or attempting to kill or	38
capture a wild animal.	39

(H) "Possession" means both actual and constructive	40
possession and any control of things referred to.	41

(I) "Bag limit" means the number, measurement, or weight of	42
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild	43
birds, and wild quadrupeds permitted to be taken.	44

(J) "Transport and transportation" means carrying or moving	45
or causing to be carried or moved.	46

(K) "Sell and sale" means barter, exchange, or offer or	47
expose for sale.	48

(L) "Whole to include part" means that every provision	49
relating to any wild animal protected by this chapter and Chapter	50
1533. of the Revised Code applies to any part of the wild animal	51
with the same effect as it applies to the whole.	52

(M) "Angling" means fishing with not more than two hand	53
lines, not more than two units of rod and line, or a combination	54
of not more than one hand line and one rod and line, either in	55
hand or under control at any time while fishing. The hand line or	56
rod and line shall have attached to it not more than three baited	57
hooks, not more than three artificial fly rod lures, or one	58
artificial bait casting lure equipped with not more than three	59
sets of three hooks each.	60

(N) "Trotline" means a device for catching fish that consists	61
of a line having suspended from it, at frequent intervals,	62
vertical lines with hooks attached.	63

(O) "Fish" means a cold-blooded vertebrate having fins.

64

(P) "Measurement of fish" means length from the end of the	65
nose to the longest tip or end of the tail.	66

(Q) "Wild birds" includes game birds and nongame birds.

67

(R) "Game" includes game birds, game quadrupeds, and	68
fur-bearing animals.	69

(S) "Game birds" includes mourning doves, ringneck pheasants,	70
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated	71
grouse, wild turkey, Hungarian partridge, Chukar partridge,	72
woodcocks, black-breasted plover, golden plover, Wilson's snipe or	73
jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules,	74
duck, geese, brant, and crows.	75

(T) "Nongame birds" includes all other wild birds not	76
included and defined as game birds or migratory game birds.	77

(U) "Wild quadrupeds" includes game quadrupeds and	78
fur-bearing animals.	79

(V) "Game quadrupeds" includes cottontail rabbits, gray	80
squirrels, black squirrels, fox squirrels, red squirrels, flying	81
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,	82
wild boar, feral hogs, and black bears.	83

(W) "Fur-bearing animals" includes minks, weasels, raccoons,	84
skunks, opossums, muskrats, fox, beavers, badgers, otters,	85
coyotes, and bobcats.	86

(X) "Wild animals" includes mollusks, crustaceans, aquatic	87
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,	88
and all other wild mammals, but does not include domestic deer.	89

(Y) "Hunting" means pursuing, shooting, killing, following	90
after or on the trail of, lying in wait for, shooting at, or	91
wounding wild birds or wild quadrupeds while employing any device	92
commonly used to kill or wound wild birds or wild quadrupeds	93
whether or not the acts result in killing or wounding. "Hunting"	94
includes every attempt to kill or wound and every act of	95
assistance to any other person in killing or wounding or	96
attempting to kill or wound wild birds or wild quadrupeds.	97

(Z) "Trapping" means securing or attempting to secure	98
possession of a wild bird or wild quadruped by means of setting,	99
placing, drawing, or using any device that is designed to close	100
upon, hold fast, confine, or otherwise capture a wild bird or wild	101
quadruped whether or not the means results in capture. "Trapping"	102
includes every act of assistance to any other person in capturing	103
wild birds or wild quadrupeds by means of the device whether or	104
not the means results in capture.	105

(AA) "Muskrat spear" means any device used in spearing	106
muskrats.	107

(BB) "Channels and passages" means those narrow bodies of	108
water lying between islands or between an island and the mainland	109
in Lake Erie.	110

(CC) "Island" means a rock or land elevation above the waters	111
of Lake Erie having an area of five or more acres above water.	112

(DD) "Reef" means an elevation of rock, either broken or in	113
place, or gravel shown by the latest United States chart to be	114
above the common level of the surrounding bottom of the lake,	115
other than the rock bottom, or in place forming the base or	116
foundation rock of an island or mainland and sloping from the	117
shore of it. "Reef" also means all elevations shown by that chart	118
to be above the common level of the sloping base or foundation	119
rock of an island or mainland, whether running from the shore of	120
an island or parallel with the contour of the shore of an island	121
or in any other way and whether formed by rock, broken or in	122
place, or from gravel.	123

(EE) "Fur farm" means any area used exclusively for raising	124
fur-bearing animals or in addition thereto used for hunting game,	125
the boundaries of which are plainly marked as such.	126

(FF) "Waters" includes any lake, pond, reservoir, stream,	127
channel, lagoon, or other body of water, or any part thereof,	128
whether natural or artificial.	129

(GG) "Crib" or "car" refers to that particular compartment of	130
the net from which the fish are taken when the net is lifted.	131

(HH) "Commercial fish" means those species of fish permitted	132
to be taken, possessed, bought, or sold unless otherwise	133
restricted by the Revised Code or division rule and are alewife	134
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin	135
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),	136
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus	137
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead	138
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel	139
catfish (Ictalurus punctatus), flathead catfish (Pylodictis	140
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),	141
freshwater drum or sheepshead (Aplodinotus grunniens), gar	142
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish	143
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye	144
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt	145
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus	146
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other	147
than buffalo and quillback (Carpiodes sp., Catostomus sp.,	148
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone	149
chrysops), white perch (Roccus americanus), and yellow perch	150
(Perca flavescens). When the common name of a fish is used in this	151
chapter or Chapter 1533. of the Revised Code, it refers to the	152
fish designated by the scientific name in this definition.	153

(II) "Fishing" means taking or attempting to take fish by any	154
method, and all other acts such as placing, setting, drawing, or	155
using any device commonly used to take fish whether resulting in a	156
taking or not.	157

(JJ) "Fillet" means the pieces of flesh taken or cut from	158
both sides of a fish, joined to form one piece of flesh.	159

(KK) "Part fillet" means a piece of flesh taken or cut from	160
one side of a fish.	161

(LL) "Round" when used in describing fish means with head and	162
tail intact.	163

(MM) "Migrate" means the transit or movement of fish to or	164
from one place to another as a result of natural forces or	165
instinct and includes, but is not limited to, movement of fish	166
induced or caused by changes in the water flow.	167

(NN) "Spreader bar" means a brail or rigid bar placed across	168
the entire width of the back, at the top and bottom of the cars in	169
all trap, crib, and fyke nets for the purpose of keeping the	170
meshes hanging squarely while the nets are fishing.	171

(OO) "Fishing guide" means any person who, for consideration	172
or hire, operates a boat, rents, leases, or otherwise furnishes	173
angling devices, ice fishing shanties or shelters of any kind, or	174
other fishing equipment, and accompanies, guides, directs, or	175
assists any other person in order for the other person to engage	176
in fishing.	177

(PP) "Net" means fishing devices with meshes composed of	178
twine or synthetic material and includes, but is not limited to,	179
trap nets, fyke nets, crib nets, carp aprons, dip nets, and	180
seines, except minnow seines and minnow dip nets.	181

(QQ) "Commercial fishing gear" means seines, trap nets, fyke	182
nets, dip nets, carp aprons, trotlines, other similar gear, and	183
any boat used in conjunction with that gear, but does not include	184
gill nets.	185

(RR) "Native wildlife" means any species of the animal	186
kingdom indigenous to this state.	187

(SS) "Gill net" means a single section of fabric or netting	188
seamed to a float line at the top and a lead line at the bottom,	189
which is designed to entangle fish in the net openings as they	190
swim into it.	191

(TT) "Tag fishing tournament" means a contest in which a	192
participant pays a fee, or gives other valuable consideration, for	193
a chance to win a prize by virtue of catching a tagged or	194
otherwise specifically marked fish within a limited period of	195
time.	196

(UU) "Tenant" means an individual who resides on land for	197
which the individual pays rent and whose annual income is	198
primarily derived from agricultural production conducted on that	199
land, as "agricultural production" is defined in section 929.01 of	200
the Revised Code.	201

(VV) "Nonnative wildlife" means any wild animal not	202
indigenous to this state, but does not include domestic deer.	203

(WW) "Reptiles" includes common musk turtle (sternotherus	204
odoratus), common snapping turtle (Chelydra serpentina	205
serpentina), spotted turtle (Clemmys guttata), eastern box turtle	206
(Terrapene carolina carolina), Blanding's turtle (Emydoidea	207
blandingii), common map turtle (Graptemys geographica), ouachita	208
map turtle (Graptemys pseudogeographica ouachitensis), midland	209
painted turtle (Chrysemys picta marginata), red-eared slider	210
(Trachemys scripta elegans), eastern spiny softshell turtle	211
(Apalone spinifera spinifera), midland smooth softshell turtle	212
(Apalone mutica mutica), northern fence lizard (Sceloporus	213
undulatus hyacinthinus), ground skink (Scincella lateralis),	214
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces	215
laticeps), northern coal skink (Eumeces anthracinus anthracinus),	216
European wall lizard (Podarcis muralis), queen snake (Regina	217
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern	218
water snake (Nerodia sipedon sipedon), Lake Erie watersnake	219
(Nerodia sipedon insularum), copperbelly water snake (Nerodia	220
erythrogaster neglecta), northern brown snake (Storeria dekayi	221
dekayi), midland brown snake (Storeria dekayi wrightorum),	222
northern redbelly snake (Storeria occipitomaculata	223
occipitomaculata), eastern garter snake (Thamnophis sirtalis	224
sirtalis), eastern plains garter snake (Thamnophis radix radix),	225
Butler's garter snake (Thamnophis butleri), shorthead garter snake	226
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis	227
sauritus sauritus), northern ribbon snake (Thamnophis sauritus	228
septentrionalis), eastern hognose snake (Heterodon platirhinos),	229
eastern smooth earth snake (Virginia valeriae valeriae), northern	230
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake	231
(Carphophis amoenus helenae), eastern worm snake (Carphophis	232
amoenus amoenus), black racer (Coluber constrictor constrictor),	233
blue racer (Coluber constrictor foxii), rough green snake	234
(opheodrys aestivus), smooth green snake (opheodrys vernalis	235
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox	236
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis	237
getula nigra), eastern milk snake (Lampropeltis triangulum	238
triangulum), northern copperhead (Agkistrodon contortrix mokasen),	239
eastern massasauga (Sistrurus catenatus catenatus), and timber	240
rattlesnake (Crotalus horridus horridus).	241

(XX) "Amphibians" includes eastern hellbender (Crytpobranchus	242
alleganiensis alleganiensis), mudpuppy (Necturus maculosus	243
maculosus), red-spotted newt (Notophthalmus viridescens	244
viridescens), Jefferson salamander (Ambystoma jeffersonianum),	245
spotted salamander (Ambystoma maculatum), blue-spotted salamander	246
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),	247
streamside salamander (Ambystoma barbouri), marbled salamander	248
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum	249
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),	250
mountain dusky salamander (Desmognathus ochrophaeus), redback	251
salamander (Plethodon cinereus), ravine salamander (Plethodon	252
richmondi), northern slimy salamander (Plethodon glutinosus),	253
Wehrle's salamander (Plethodon wehrlei), four-toed salamander	254
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus	255
porphyriticus duryi), northern spring salamander (Gyrinophilus	256
porphyriticus porphyriticus), mud salamander (Pseudotriton	257
montanus), northern red salamander (Pseudotriton ruber ruber),	258
green salamander (Aneides aeneus), northern two-lined salamander	259
(Eurycea bislineata), longtail salamander (Eurycea longicauda	260
longicauda), cave salamander (Eurycea lucifuga), southern	261
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo	262
woodhousii fowleri), American toad (Bufo americanus), eastern	263
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris	264
crepitans blanchardi), northern spring peeper (Pseudacris crucifer	265
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog	266
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata	267
triseriata), mountain chorus frog (Pseudacris brachyphona),	268
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),	269
northern leopard frog (Rana pipiens), pickerel frog (Rana	270
palustris), southern leopard frog (Rana utricularia), and wood	271
frog (Rana sylvatica).	272

(YY) "Deer" means white-tailed deer (Oddocoileus	273
virginianus).	274

(ZZ) "Domestic deer" means nonnative deer that have been	275
legally acquired or their offspring and that are held in private	276
ownership for primarily agricultural purposes.	277

(AAA) "Migratory game bird" includes waterfowl (Anatidae);	278
doves (Columbidae); cranes (Gruidae); cormorants	279
(Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and	280
woodcock and snipe (Scolopacidae).	281

(BBB) "Accompany" means to go along with another person while	282
staying within a distance from the person that enables	283
uninterrupted, unaided visual and auditory communication.	284

(CCC) "Electric-powered all-purpose vehicle" means any	285
battery-powered self-propelled electric vehicle that is designed	286
primarily for cross-country travel on land, water, or land and	287
water and that is steered by wheels, caterpillar treads, or a	288
combination of wheels and caterpillar treads and includes vehicles	289
that operate on a cushion of air, vehicles commonly known as	290
all-terrain vehicles, all-season vehicles, mini-bikes, and trail	291
bikes. "Electric-powered all-purpose vehicle" does not include a	292
utility vehicle as defined in section 4501.01 of the Revised Code,	293
any vehicle that is principally used in playing golf, any motor	294
vehicle or aircraft that is required to be registered under	295
Chapter 4503. or 4561. of the Revised Code, or any vehicle that is	296
excluded from the definition of "motor vehicle" as provided in	297
division (B) of section 4501.01 of the Revised Code.	298

(DDD) "Wholly enclosed preserve" means an area of land that	299
is surrounded by a fence that is at least six feet in height,	300
unless otherwise specified in division rule, and is constructed of	301
a woven wire mesh, or another enclosure that the division of	302
wildlife may approve, where game birds, game quadrupeds, reptiles,	303
amphibians, or fur-bearing animals are raised and may be sold	304
under the authority of a commercial propagating license or captive	305
white-tailed deer propagation license obtained under section	306
1533.71 of the Revised Code.	307

(EEE) "Commercial bird shooting preserve" means an area of	308
land where game birds are released and hunted by shooting as	309
authorized by a commercial bird shooting preserve license obtained	310
under section 1533.72 of the Revised Code.	311

(FFF) "Wild animal hunting preserve" means an area of land	312
where game, captive white-tailed deer, and nonnative wildlife,	313
other than game birds, are released and hunted as authorized by a	314
wild animal hunting preserve license obtained under section	315
1533.721 of the Revised Code.	316

(GGG) "Captive white-tailed deer" means legally acquired deer	317
that are held in private ownership at a facility licensed under	318
section 943.03 or 943.031 of the Revised Code and under section	319
1533.71 or 1533.721 of the Revised Code.	320

Sec. 1533.121.  Except as otherwise provided by division	321
rule, the driver of every motor vehicle that has caused the death	322
of a deer, wild turkey, wild boar, or feral hog by striking the	323
deer, wild turkey, wild boar, or feral hog on a highway may take	324
possession of the deer, wild turkey, wild boar, or feral hog,	325
provided that within twenty-four hours thereafter, the driver	326
reports the accident to a wildlife officer or other law	327
enforcement officer. The officer shall investigate, and, if the	328
officer finds the death has been caused as alleged, the officer	329
shall give a certificate for legal ownership of the deer, wild	330
turkey, wild boar, or feral hog to the driver. If thesuch a deer	331
or wild turkey is unclaimed, the certificate for legal ownership	332
may be given to a private or public institution or charity or to	333
another person.	334

Section 2. That existing sections 1531.01 and 1533.121 of the	335
Revised Code are hereby repealed.	336