Bill Text: OH HB199 | 2013-2014 | 130th General Assembly | Engrossed
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-Engrossed.html
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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
| To amend sections 1531.01 and 1533.121 of the Revised | 1 |
| Code to add feral hogs to the game list and to | 2 |
| allow the possession of any wild turkey, wild | 3 |
| boar, or feral hog that is struck and killed by | 4 |
| the driver of a motor vehicle. | 5 |
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 | 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 |
