Bill Text: OH HB389 | 2011-2012 | 129th General Assembly | Introduced

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

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Bill Title: To establish requirements and procedures governing propagating and hunting captive deer and to revise the law governing wild animal hunting preserves.

Spectrum: Slight Partisan Bill (Republican 43-24)

Status: (Passed) 2012-06-29 - Effective Date [HB389 Detail]

Download: Ohio-2011-HB389-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 389

Representatives Hall, Okey 

Cosponsors: Representatives Letson, Grossman, Boose, Conditt, Thompson, Buchy, Combs, Murray, O'Brien, Peterson, Hagan, C., McClain, Amstutz, Slaby 

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A BILL

To amend sections 901.511, 918.12, 943.01, 1531.01,

1

1533.01, 1533.71, 1533.721, 1533.731, 1533.74,

2

1533.76, 1533.77, 1533.79, and 1533.99, to enact

3

sections 943.20 to 943.26, and to repeal sections

4

1533.70, 1533.75, and 1533.80 of the Revised Code

5

to establish requirements and procedures governing

6

propagating and hunting captive deer and to revise

7

the law governing wild animal hunting preserves.

8

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

Section 1. That sections 901.511, 918.12, 943.01, 1531.01,	9
1533.01, 1533.71, 1533.721, 1533.731, 1533.74, 1533.76, 1533.77,	10
1533.79, and 1533.99 be amended and sections 943.20, 943.21,	11
943.22, 943.23, 943.24, 943.25, and 943.26 of the Revised Code be	12
enacted to read as follows:	13

Sec. 901.511.  (A) As used in this section:

14

(1) "Agricultural product" means any of the following items	15
that is produced for testing or research in the context of a	16
product development program in conjunction or coordination with a	17
private research facility, a university, or any federal, state, or	18
local governmental agency or that is produced for personal,	19
commercial, pharmaceutical, or educational purposes: field crop or	20
field crop product; timber or timber product; forestry product;	21
livestock or livestock product; meat or meat product; milk or	22
dairy product; poultry or poultry product; equine animal; wool;	23
fruit or vegetable crop; aquacultural product; horticultural crop,	24
including plant materials grown in a greenhouse, nursery stock	25
grown inside or outside of a container, ornamental grass, turf	26
grass, ornamental trees, ornamental shrubs, or flowers; sod;	27
mushrooms; viticultural product; apicultural product; tobacco;	28
pasture; wild animal or domestic deer, as "wild animal" and	29
"domestic deer" are defined in section 1531.01 of the Revised	30
Code; monitored captive deer, captive deer with status, or captive	31
deer with certified chronic wasting disease status as defined in	32
section 943.01 of the Revised Code; or any combination of those	33
items.	34

(2) "Equipment" means any implement, machinery, real or	35
personal property, building, or structure that is used in the	36
production, growing, harvesting, or housing of any agricultural	37
product. "Equipment" also includes any laboratory, research,	38
product, samples, supplies, or fixed equipment that is used to	39
test, develop, or analyze the process of producing, growing, or	40
maintaining any agricultural product.	41

(3) "Material support or resources" means currency, payment	42
instruments, other financial securities, financial services,	43
lodging, training, safehouses, false documentation or	44
identification, communications equipment, facilities, weapons,	45
lethal substances, explosives, personnel, transportation, and	46
other physical assets, except medicine or religious materials.	47

(4) "Payment instrument" means a check, draft, money order,	48
traveler's check, cashier's check, teller's check, or other	49
instrument or order for the transmission or payment of money	50
regardless of whether the item in question is negotiable.	51

(5) "Specified offense" means either of the following:

52

(a) A violation of section 2909.02, 2909.03, 2909.05,	53
2909.06, 2909.07, 2911.13, 2911.21, 2913.02, 2913.04, or 2913.42	54
of the Revised Code;	55

(b) An attempt to commit, complicity in committing, or a	56
conspiracy to commit an offense listed in division (A)(5)(a) of	57
this section.	58

(B) No person shall commit a specified offense involving any	59
agricultural product or equipment with the intent to do any of the	60
following:	61

(1) Intimidate or coerce a civilian population;

62

(2) Influence the policy of any government by intimidation or	63
coercion;	64

(3) Affect the conduct of any government;

65

(4) Interrupt or interfere with agricultural production,	66
agricultural research, or equipment for purposes of disrupting or	67
influencing, through intimidation or other means, consumer	68
confidence or agricultural production methods.	69

Division (B) of this section does not apply to the practice	70
of veterinary medicine by a person who has been issued a valid	71
license, temporary permit, or registration certificate to practice	72
veterinary medicine under Chapter 4741. of the Revised Code. As	73
used in this division, "practice of veterinary medicine" has the	74
same meaning as in section 4741.01 of the Revised Code.	75

(C) No person shall raise, solicit, collect, donate, or	76
provide any material support or resources with the purpose that	77
the material support or resources will be used in whole or in part	78
to plan, prepare, carry out, or aid in either a violation of	79
division (B) of this section or in the concealment of, or an	80
escape from, a violation of that division.	81

(D)(1) In addition to the penalties established in section	82
901.99 of the Revised Code for a violation of this section, the	83
court may require any person who violates this section to pay the	84
victim of the offense an amount up to triple the value of the	85
agricultural product or equipment that was the subject of the	86
violation.	87

(2) In ordering restitution under division (D)(1) of this	88
section, the court shall consider as part of the value of the	89
agricultural product or equipment the market value of the	90
agricultural product or equipment prior to the violation and the	91
production, research, testing, replacement, and development costs	92
directly related to the agricultural product or equipment that was	93
the subject of the violation.	94

(E) The enactment of this section is not intended to require	95
the prosecution exclusively under this section of an act, series	96
of acts, or course of behavior that could be prosecuted either	97
under this section or under another section of the Revised Code.	98
One or more acts, series of acts, or courses of behavior that may	99
be prosecuted either under this section or under another section	100
of the Revised Code may be prosecuted under this section, the	101
other section, or both sections.	102

Sec. 918.12.  (A) An establishment, as defined in section	103
918.01 of the Revised Code, that slaughters or otherwise prepares	104
meat of bison, cervidea, other bovidea, camelidae and hybrids	105
thereof, ratites, domestic rabbits, monitored captive deer,	106
captive deer with status, or captive deer with certified chronic	107
wasting disease status as defined in section 943.01 of the Revised	108
Code, domestic deer, as defined in section 1531.01 of the Revised	109
Code, or other animals determined by the director of agriculture	110
by rule for human food purposes may receive voluntary state	111
inspection, as defined in division (B) of section 918.01 of the	112
Revised Code, if the establishment complies with sections 918.01	113
to 918.11 of the Revised Code and the rules adopted under those	114
sections for establishments that slaughter or otherwise prepare	115
for food purposes other animals and if the establishment complies	116
with division (C) of this section.	117

(B) The owner of an establishment, as defined in section	118
918.21 of the Revised Code, who slaughters or otherwise prepares	119
the meat of pheasant, quail, partridge, peafowl, grouse, captive	120
raised wild turkey, captive raised waterfowl, or other poultry	121
determined by the director by rule may receive voluntary state	122
inspection as defined in division (I) of section 918.21 of the	123
Revised Code and the rules adopted under those sections for	124
establishments that slaughter or otherwise prepare for food	125
purposes other poultry and if the establishment complies with	126
division (C) of this section and sections 918.21 to 918.28 of the	127
Revised Code.	128

(C) An establishment that receives voluntary state inspection	129
under division (A) or (B) of this section shall pay the costs of	130
the inspection at a rate and under terms established by rule of	131
the director of agriculture in accordance with section 918.04 of	132
the Revised Code.	133

Sec. 943.01.  As used in sections 943.01 to 943.18 of the	134
Revised Codethis chapter:	135

(A) "Animals" or "livestock" means horses, mules, and other	136
equidae, cattle, sheep, and goats and other bovidae, swine and	137
other suidae, poultry, alpacas, and llamas, and monitored captive	138
deer, captive deer with status, or captive deer with certified	139
chronic wasting disease status.	140

(B) "Dealer" or "broker" means any person found by the	141
department of agriculture buying, receiving, selling,	142
slaughtering, with the exception of those persons designated by	143
division (B)(1) of section 918.10 of the Revised Code, exchanging,	144
negotiating, or soliciting the sale, resale, exchange, or transfer	145
of any animals in an amount of more than two hundred fifty head of	146
cattle, horses, or other equidae or five hundred head of sheep,	147
goats, or other bovidae, swine and other suidae, poultry, alpacas,	148
or llamas, or monitored captive deer, captive deer with status, or	149
captive deer with certified chronic wasting disease status during	150
any one year. "Dealer" or "broker" does not mean any of the	151
following:	152

(1) Any railroad or other carrier transporting animals either	153
interstate or intrastate;	154

(2) Any person who by dispersal sale is permanently	155
discontinuing the business of farming, dairying, breeding,	156
raising, or feeding animals;	157

(3) Any person who sells livestock that has been raised from	158
birth on the premises of the person;	159

(4) Any person who buys or receives animals for grazing or	160
feeding purposes at a premises owned or controlled by the person	161
and sells or disposes of the animals after the minimum grazing or	162
feeding period of thirty days;	163

(5) Any person who places livestock in facilities other than	164
the person's own pursuant to a written agreement for feeding or	165
finishing, provided that the person retains legal and equitable	166
title to the livestock during the term of the agreement.	167

The exemptions set forth in divisions (B)(1) to (5) of this	168
section are exclusive of those activities requiring licensure	169
under this chaptersections 943.01 to 943.18 of the Revised Code,	170
so that a person shall be deemed to be a dealer or broker or	171
subject to divisions (B)(1) to (5) of this section, but shall not	172
be, or be subject to, both. No person who is a licensed dealer or	173
broker and whose license is suspended shall have livestock or	174
animals exempted pursuant to divisions (B)(1) to (5) of this	175
section.	176

(C) "Employee" means any person employed by a dealer or	177
broker to act in the dealer's or broker's behalf to buy, sell,	178
exchange, negotiate, or solicit sale or resale of animals in the	179
dealer's or broker's name.	180

(D) "Small dealer" means any person found by the department	181
buying, receiving, selling, slaughtering, with the exception of	182
those persons designated by division (B)(1) of section 918.10 of	183
the Revised Code, exchanging, negotiating, or soliciting the sale,	184
resale, exchange, or transfer of any animals in an amount of two	185
hundred fifty head or less of cattle, horses, or other equidae or	186
five hundred head or less of sheep, goats, or other bovidae, swine	187
or other suidae, poultry, alpacas, or llamas, or monitored captive	188
deer, captive deer with status, or captive deer with certified	189
chronic wasting disease status during any one year.	190

(E) "Captive whitetail deer licensee" means a person who has	191
been issued a license under section 943.03 or 943.031 of the	192
Revised Code and a license under section 1533.71 or 1533.721 of	193
the Revised Code regarding monitored captive deer, captive deer	194
with status, or captive deer with certified chronic wasting	195
disease status.	196

(F) "Chronic wasting disease" has the same meaning as in 9	197
C.F.R. 55.1.	198

(G) "Captive deer with status" means captive white-tailed	199
deer that have been legally acquired or their offspring, are part	200
of a herd that is monitored and tested for disease in accordance	201
with rules, and are privately owned primarily for the purposes of	202
agriculture, propagation, or providing captive deer to a wild	203
animal hunting preserve licensed under section 1533.721 of the	204
Revised Code.	205

(H) "Captive deer with certified chronic wasting disease	206
status" means captive white-tailed deer that have been legally	207
acquired or their offspring, are part of a herd that has been	208
monitored and tested for disease in accordance with rules,	209
including tested for chronic wasting disease for at least five	210
consecutive years in accordance with rules, are privately owned	211
primarily for the purposes of agriculture, propagation, or	212
providing deer to a wild animal hunting preserve licensed under	213
section 1533.721 of the Revised Code, and are certified "with	214
status" in accordance with rules.	215

(I) "Monitored captive deer" means whitetail deer that have	216
been legally acquired or their offspring, are tested for chronic	217
wasting disease in accordance with rules, and are held in private	218
ownership for agricultural or personal purposes or in a wild	219
animal hunting preserve licensed under section 1533.721 of the	220
Revised Code.	221

(J) "Rule" means a rule adopted under section 943.24 of the	222
Revised Code.	223

Sec. 943.20. (A) A person who wishes to propagate captive	224
deer with status or captive deer with certified chronic wasting	225
disease status shall obtain a license under section 943.03 or	226
943.031 of the Revised Code in addition to a captive white-tailed	227
deer propagation license issued under section 1533.71 of the	228
Revised Code.	229

(B) A person who wishes to operate a wild animal hunting	230
preserve as defined in section 1531.01 of the Revised Code on	231
which monitored captive deer, captive deer with status, or captive	232
deer with certified chronic wasting disease are released and	233
hunted shall obtain a license under section 943.03 or 943.031 of	234
the Revised Code in addition to a wild animal hunting preserve	235
license issued under section 1533.721 of the Revised Code.	236

Sec. 943.21. (A) A captive whitetail deer licensee shall have	237
monitored captive deer, captive deer with status, and captive deer	238
with certified chronic wasting disease status in the licensee's	239
herd tested for disease in accordance with rules.	240

(B) A captive whitetail deer licensee shall provide the	241
results of all testing required under this section to the director	242
of agriculture.	243

Sec. 943.22. The director of agriculture shall take actions	244
that the director determines are necessary to mitigate or	245
eliminate the presence of chronic wasting disease or other disease	246
at a facility owned by a captive whitetail deer licensee regarding	247
monitored captive deer, captive deer with status, or captive deer	248
with certified chronic wasting disease status if the director is	249
notified of a positive result from a test for chronic wasting	250
disease or other disease for a monitored captive deer, captive	251
deer with status, or captive deer with certified chronic wasting	252
disease status at the facility.	253

Sec. 943.23. A captive whitetail deer licensee shall comply	254
with the requirements established in sections 943.20 to 943.26 of	255
the Revised Code and in rules. The director of agriculture may	256
suspend or revoke a license issued under section 943.03 or 943.031	257
of the Revised Code regarding monitored captive deer, captive deer	258
with status, or captive deer with certified chronic wasting	259
disease status if the licensee fails to comply with those	260
requirements.	261

Sec. 943.24. The director of agriculture shall adopt rules in	262
accordance with Chapter 119. of the Revised Code that establish	263
all of the following:	264

(A) Requirements governing health monitoring and disease	265
testing of monitored captive deer, captive deer with status, and	266
captive deer with certified chronic wasting disease status, which	267
testing may include, but is not limited to, testing for chronic	268
wasting disease, brucellosis, and tuberculosis of such deer that	269
are held at a facility licensed under section 1533.71 or 1533.721	270
of the Revised Code;	271

(B) Requirements governing captive whitetail deer licensees,	272
including record-keeping requirements related to health monitoring	273
and disease testing of monitored captive deer, captive deer with	274
status, and captive deer with certified chronic wasting disease	275
status;	276

(C) Requirements and procedures that are necessary to	277
preserve the health, safety, and welfare of monitored captive	278
deer, captive deer with status, or captive deer with certified	279
chronic wasting disease status;	280

(D) Requirements and procedures governing the transfer of	281
living game and nonnative wildlife, as defined in section 1531.01	282
of the Revised Code, from one wild animal hunting preserve	283
licensed under section 1533.721 of the Revised Code to another	284
such wild animal hunting preserve;	285

(E) Tagging requirements for captive deer with status and	286
captive deer with certified chronic wasting disease status for	287
such deer that are propagated pursuant to a captive white-tailed	288
deer propagation license issued under section 1533.71 of the	289
Revised Code;	290

(F) Requirements governing the certification of captive deer	291
with certified chronic wasting disease status;	292

(G) Any other requirements or procedures that are necessary	293
to administer and enforce sections 943.20 to 943.26 of the Revised	294
Code.	295

Sec. 943.25. The director of agriculture or the director's	296
authorized representative may enter at reasonable times on the	297
premises of a captive whitetail deer licensee to conduct	298
investigations and inspections or to otherwise execute duties that	299
are necessary for the administration and enforcement of sections	300
943.20 to 943.26 of the Revised Code and rules.	301

Sec. 943.26. Notwithstanding section 943.04 of the Revised	302
Code, all money collected through the issuance of licenses to	303
captive whitetail deer licensees under this chapter shall be	304
credited to the captive deer fund, which is hereby created in the	305
state treasury. The director of agriculture shall use money in the	306
fund to administer sections 943.20 to 943.26 of the Revised Code	307
and rules.	308

Sec. 1531.01.  As used in this chapter and Chapter 1533. of	309
the Revised Code:	310

(A) "Person" means a person as defined in section 1.59 of the	311
Revised Code or a company; an employee, agent, or officer of such	312
a person or company; a combination of individuals; the state; a	313
political subdivision of the state; an interstate body created by	314
a compact; or the federal government or a department, agency, or	315
instrumentality of it.	316

(B) "Resident" means any individual who has resided in this	317
state for not less than six months next preceding the date of	318
making application for a license.	319

(C) "Nonresident" means any individual who does not qualify	320
as a resident.	321

(D) "Division rule" or "rule" means any rule adopted by the	322
chief of the division of wildlife under section 1531.10 of the	323
Revised Code unless the context indicates otherwise.	324

(E) "Closed season" means that period of time during which	325
the taking of wild animals protected by this chapter and Chapter	326
1533. of the Revised Code is prohibited.	327

(F) "Open season" means that period of time during which the	328
taking of wild animals protected by this chapter and Chapter 1533.	329
of the Revised Code is permitted.	330

(G) "Take or taking" includes pursuing, shooting, hunting,	331
killing, trapping, angling, fishing with a trotline, or netting	332
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,	333
wild bird, or wild quadruped, and any lesser act, such as	334
wounding, or placing, setting, drawing, or using any other device	335
for killing or capturing any wild animal, whether it results in	336
killing or capturing the animal or not. "Take or taking" includes	337
every attempt to kill or capture and every act of assistance to	338
any other person in killing or capturing or attempting to kill or	339
capture a wild animal.	340

(H) "Possession" means both actual and constructive	341
possession and any control of things referred to.	342

(I) "Bag limit" means the number, measurement, or weight of	343
any kind of crayfish, aquatic insects, fish, frogs, turtles, wild	344
birds, and wild quadrupeds permitted to be taken.	345

(J) "Transport and transportation" means carrying or moving	346
or causing to be carried or moved.	347

(K) "Sell and sale" means barter, exchange, or offer or	348
expose for sale.	349

(L) "Whole to include part" means that every provision	350
relating to any wild animal protected by this chapter and Chapter	351
1533. of the Revised Code applies to any part of the wild animal	352
with the same effect as it applies to the whole.	353

(M) "Angling" means fishing with not more than two hand	354
lines, not more than two units of rod and line, or a combination	355
of not more than one hand line and one rod and line, either in	356
hand or under control at any time while fishing. The hand line or	357
rod and line shall have attached to it not more than three baited	358
hooks, not more than three artificial fly rod lures, or one	359
artificial bait casting lure equipped with not more than three	360
sets of three hooks each.	361

(N) "Trotline" means a device for catching fish that consists	362
of a line having suspended from it, at frequent intervals,	363
vertical lines with hooks attached.	364

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

365

(P) "Measurement of fish" means length from the end of the	366
nose to the longest tip or end of the tail.	367

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

368

(R) "Game" includes game birds, game quadrupeds, and	369
fur-bearing animals.	370

(S) "Game birds" includes mourning doves, ringneck pheasants,	371
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated	372
grouse, wild turkey, Hungarian partridge, Chukar partridge,	373
woodcocks, black-breasted plover, golden plover, Wilson's snipe or	374
jacksnipe, greater and lesser yellowlegs, rail, coots, gallinules,	375
duck, geese, brant, and crows.	376

(T) "Nongame birds" includes all other wild birds not	377
included and defined as game birds or migratory game birds.	378

(U) "Wild quadrupeds" includes game quadrupeds and	379
fur-bearing animals.	380

(V) "Game quadrupeds" includes cottontail rabbits, gray	381
squirrels, black squirrels, fox squirrels, red squirrels, flying	382
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,	383
wild boar, and black bears.	384

(W) "Fur-bearing animals" includes minks, weasels, raccoons,	385
skunks, opossums, muskrats, fox, beavers, badgers, otters,	386
coyotes, and bobcats.	387

(X) "Wild animals" includes mollusks, crustaceans, aquatic	388
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,	389
and all other wild mammals, but does not include domestic deer.	390

(Y) "Hunting" means pursuing, shooting, killing, following	391
after or on the trail of, lying in wait for, shooting at, or	392
wounding wild birds or wild quadrupeds while employing any device	393
commonly used to kill or wound wild birds or wild quadrupeds	394
whether or not the acts result in killing or wounding. "Hunting"	395
includes every attempt to kill or wound and every act of	396
assistance to any other person in killing or wounding or	397
attempting to kill or wound wild birds or wild quadrupeds.	398

(Z) "Trapping" means securing or attempting to secure	399
possession of a wild bird or wild quadruped by means of setting,	400
placing, drawing, or using any device that is designed to close	401
upon, hold fast, confine, or otherwise capture a wild bird or wild	402
quadruped whether or not the means results in capture. "Trapping"	403
includes every act of assistance to any other person in capturing	404
wild birds or wild quadrupeds by means of the device whether or	405
not the means results in capture.	406

(AA) "Muskrat spear" means any device used in spearing	407
muskrats.	408

(BB) "Channels and passages" means those narrow bodies of	409
water lying between islands or between an island and the mainland	410
in Lake Erie.	411

(CC) "Island" means a rock or land elevation above the waters	412
of Lake Erie having an area of five or more acres above water.	413

(DD) "Reef" means an elevation of rock, either broken or in	414
place, or gravel shown by the latest United States chart to be	415
above the common level of the surrounding bottom of the lake,	416
other than the rock bottom, or in place forming the base or	417
foundation rock of an island or mainland and sloping from the	418
shore of it. "Reef" also means all elevations shown by that chart	419
to be above the common level of the sloping base or foundation	420
rock of an island or mainland, whether running from the shore of	421
an island or parallel with the contour of the shore of an island	422
or in any other way and whether formed by rock, broken or in	423
place, or from gravel.	424

(EE) "Fur farm" means any area used exclusively for raising	425
fur-bearing animals or in addition thereto used for hunting game,	426
the boundaries of which are plainly marked as such.	427

(FF) "Waters" includes any lake, pond, reservoir, stream,	428
channel, lagoon, or other body of water, or any part thereof,	429
whether natural or artificial.	430

(GG) "Crib" or "car" refers to that particular compartment of	431
the net from which the fish are taken when the net is lifted.	432

(HH) "Commercial fish" means those species of fish permitted	433
to be taken, possessed, bought, or sold unless otherwise	434
restricted by the Revised Code or division rule and are alewife	435
(Alosa pseudoharengus), American eel (Anguilla rostrata), bowfin	436
(Amia calva), burbot (Lota lota), carp (Cyprinus carpio),	437
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus	438
cyprinellus), black bullhead (Ictalurus melas), yellow bullhead	439
(Ictalurus natalis), brown bullhead (Ictalurus nebulosus), channel	440
catfish (Ictalurus punctatus), flathead catfish (Pylodictis	441
olivaris), whitefish (Coregonus sp.), cisco (Coregonus sp.),	442
freshwater drum or sheepshead (Aplodinotus grunniens), gar	443
(Lepisosteus sp.), gizzard shad (Dorosoma cepedianum), goldfish	444
(Carassius auratus), lake trout (Salvelinus namaycush), mooneye	445
(Hiodon tergisus), quillback (Carpiodes cyprinus), smelt	446
(Allosmerus elongatus, Hypomesus sp., Osmerus sp., Spirinchus	447
sp.), sturgeon (Acipenser sp., Scaphirhynchus sp.), sucker other	448
than buffalo and quillback (Carpiodes sp., Catostomus sp.,	449
Hypentelium sp., Minytrema sp., Moxostoma sp.), white bass (Morone	450
chrysops), white perch (Roccus americanus), and yellow perch	451
(Perca flavescens). When the common name of a fish is used in this	452
chapter or Chapter 1533. of the Revised Code, it refers to the	453
fish designated by the scientific name in this definition.	454

(II) "Fishing" means taking or attempting to take fish by any	455
method, and all other acts such as placing, setting, drawing, or	456
using any device commonly used to take fish whether resulting in a	457
taking or not.	458

(JJ) "Fillet" means the pieces of flesh taken or cut from	459
both sides of a fish, joined to form one piece of flesh.	460

(KK) "Part fillet" means a piece of flesh taken or cut from	461
one side of a fish.	462

(LL) "Round" when used in describing fish means with head and	463
tail intact.	464

(MM) "Migrate" means the transit or movement of fish to or	465
from one place to another as a result of natural forces or	466
instinct and includes, but is not limited to, movement of fish	467
induced or caused by changes in the water flow.	468

(NN) "Spreader bar" means a brail or rigid bar placed across	469
the entire width of the back, at the top and bottom of the cars in	470
all trap, crib, and fyke nets for the purpose of keeping the	471
meshes hanging squarely while the nets are fishing.	472

(OO) "Fishing guide" means any person who, for consideration	473
or hire, operates a boat, rents, leases, or otherwise furnishes	474
angling devices, ice fishing shanties or shelters of any kind, or	475
other fishing equipment, and accompanies, guides, directs, or	476
assists any other person in order for the other person to engage	477
in fishing.	478

(PP) "Net" means fishing devices with meshes composed of	479
twine or synthetic material and includes, but is not limited to,	480
trap nets, fyke nets, crib nets, carp aprons, dip nets, and	481
seines, except minnow seines and minnow dip nets.	482

(QQ) "Commercial fishing gear" means seines, trap nets, fyke	483
nets, dip nets, carp aprons, trotlines, other similar gear, and	484
any boat used in conjunction with that gear, but does not include	485
gill nets.	486

(RR) "Native wildlife" means any species of the animal	487
kingdom indigenous to this state.	488

(SS) "Gill net" means a single section of fabric or netting	489
seamed to a float line at the top and a lead line at the bottom,	490
which is designed to entangle fish in the net openings as they	491
swim into it.	492

(TT) "Tag fishing tournament" means a contest in which a	493
participant pays a fee, or gives other valuable consideration, for	494
a chance to win a prize by virtue of catching a tagged or	495
otherwise specifically marked fish within a limited period of	496
time.	497

(UU) "Tenant" means an individual who resides on land for	498
which the individual pays rent and whose annual income is	499
primarily derived from agricultural production conducted on that	500
land, as "agricultural production" is defined in section 929.01 of	501
the Revised Code.	502

(VV) "Nonnative wildlife" means any wild animal not	503
indigenous to this state, but does not include domestic deer.	504

(WW) "Reptiles" includes common musk turtle (sternotherus	505
odoratus), common snapping turtle (Chelydra serpentina	506
serpentina), spotted turtle (Clemmys guttata), eastern box turtle	507
(Terrapene carolina carolina), Blanding's turtle (Emydoidea	508
blandingii), common map turtle (Graptemys geographica), ouachita	509
map turtle (Graptemys pseudogeographica ouachitensis), midland	510
painted turtle (Chrysemys picta marginata), red-eared slider	511
(Trachemys scripta elegans), eastern spiny softshell turtle	512
(Apalone spinifera spinifera), midland smooth softshell turtle	513
(Apalone mutica mutica), northern fence lizard (Sceloporus	514
undulatus hyacinthinus), ground skink (Scincella lateralis),	515
five-lined skink (Eumeces fasciatus), broadhead skink (Eumeces	516
laticeps), northern coal skink (Eumeces anthracinus anthracinus),	517
European wall lizard (Podarcis muralis), queen snake (Regina	518
septemvittata), Kirtland's snake (Clonophis kirtlandii), northern	519
water snake (Nerodia sipedon sipedon), Lake Erie watersnake	520
(Nerodia sipedon insularum), copperbelly water snake (Nerodia	521
erythrogaster neglecta), northern brown snake (Storeria dekayi	522
dekayi), midland brown snake (Storeria dekayi wrightorum),	523
northern redbelly snake (Storeria occipitomaculata	524
occipitomaculata), eastern garter snake (Thamnophis sirtalis	525
sirtalis), eastern plains garter snake (Thamnophis radix radix),	526
Butler's garter snake (Thamnophis butleri), shorthead garter snake	527
(Thamnophis brachystoma), eastern ribbon snake (Thamnophis	528
sauritus sauritus), northern ribbon snake (Thamnophis sauritus	529
septentrionalis), eastern hognose snake (Heterodon platirhinos),	530
eastern smooth earth snake (Virginia valeriae valeriae), northern	531
ringneck snake (Diadophis punctatus edwardsii), midwest worm snake	532
(Carphophis amoenus helenae), eastern worm snake (Carphophis	533
amoenus amoenus), black racer (Coluber constrictor constrictor),	534
blue racer (Coluber constrictor foxii), rough green snake	535
(opheodrys aestivus), smooth green snake (opheodrys vernalis	536
vernalis), black rat snake (Elaphe obsoleta obsoleta), eastern fox	537
snake (Elaphe vulpina gloydi), black kingsnake (Lampropeltis	538
getula nigra), eastern milk snake (Lampropeltis triangulum	539
triangulum), northern copperhead (Agkistrodon contortrix mokasen),	540
eastern massasauga (Sistrurus catenatus catenatus), and timber	541
rattlesnake (Crotalus horridus horridus).	542

(XX) "Amphibians" includes eastern hellbender (Crytpobranchus	543
alleganiensis alleganiensis), mudpuppy (Necturus maculosus	544
maculosus), red-spotted newt (Notophthalmus viridescens	545
viridescens), Jefferson salamander (Ambystoma jeffersonianum),	546
spotted salamander (Ambystoma maculatum), blue-spotted salamander	547
(Ambystoma laterale), smallmouth salamander (Ambystoma texanum),	548
streamside salamander (Ambystoma barbouri), marbled salamander	549
(Ambystoma opacum), eastern tiger salamander (Ambystoma tigrinum	550
tigrinum), northern dusky salamander (Desmognathus fuscus fuscus),	551
mountain dusky salamander (Desmognathus ochrophaeus), redback	552
salamander (Plethodon cinereus), ravine salamander (Plethodon	553
richmondi), northern slimy salamander (Plethodon glutinosus),	554
Wehrle's salamander (Plethodon wehrlei), four-toed salamander	555
(Hemidactylium scutatum), Kentucky spring salamander (Gyrinophilus	556
porphyriticus duryi), northern spring salamander (Gyrinophilus	557
porphyriticus porphyriticus), mud salamander (Pseudotriton	558
montanus), northern red salamander (Pseudotriton ruber ruber),	559
green salamander (Aneides aeneus), northern two-lined salamander	560
(Eurycea bislineata), longtail salamander (Eurycea longicauda	561
longicauda), cave salamander (Eurycea lucifuga), southern	562
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo	563
woodhousii fowleri), American toad (Bufo americanus), eastern	564
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris	565
crepitans blanchardi), northern spring peeper (Pseudacris crucifer	566
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog	567
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata	568
triseriata), mountain chorus frog (Pseudacris brachyphona),	569
bullfrog (Rana catesbeiana), green frog (Rana clamitans melanota),	570
northern leopard frog (Rana pipiens), pickerel frog (Rana	571
palustris), southern leopard frog (Rana utricularia), and wood	572
frog (Rana sylvatica).	573

(YY) "Deer" means white-tailed deer (Oddocoileus	574
virginianus).	575

(ZZ) "Domestic deer" means nonnative deer that have been	576
legally acquired or their offspring and that are held in private	577
ownership for primarily agricultural purposes.	578

(AAA) "Migratory game bird" includes waterfowl (Anatidae);	579
doves (Columbidae); cranes (Gruidae); cormorants	580
(Phalacrocoracidea); rails, coots, and gallinules (Rallidae); and	581
woodcock and snipe (Scolopacidae).	582

(BBB) "Accompany" means to go along with another person while	583
staying within a distance from the person that enables	584
uninterrupted, unaided visual and auditory communication.	585

(CCC) "Electric-powered all-purpose vehicle" means any	586
battery-powered self-propelled electric vehicle that is designed	587
primarily for cross-country travel on land, water, or land and	588
water and that is steered by wheels, caterpillar treads, or a	589
combination of wheels and caterpillar treads and includes vehicles	590
that operate on a cushion of air, vehicles commonly known as	591
all-terrain vehicles, all-season vehicles, mini-bikes, and trail	592
bikes. "Electric-powered all-purpose vehicle" does not include a	593
utility vehicle as defined in section 4501.01 of the Revised Code,	594
any vehicle that is principally used in playing golf, any motor	595
vehicle or aircraft that is required to be registered under	596
Chapter 4503. or 4561. of the Revised Code, or any vehicle that is	597
excluded from the definition of "motor vehicle" as provided in	598
division (B) of section 4501.01 of the Revised Code.	599

(DDD) "Wholly enclosed preserve" means an area of land that	600
is surrounded by a fence that is at least six feet in height,	601
unless otherwise specified in division rule, and is constructed of	602
a woven wire mesh, or another enclosure that the division of	603
wildlife may approve, where game birds, game quadrupeds, reptiles,	604
amphibians, or fur-bearing animals are raised and may be sold	605
under the authority of a commercial propagating license or captive	606
white-tailed deer propagation license obtained under section	607
1533.71 of the Revised Code.	608

(EEE) "Commercial bird shooting preserve" means an area of	609
land where game birds are released and hunted by shooting as	610
authorized by a commercial bird shooting preserve license obtained	611
under section 1533.72 of the Revised Code.	612

(FFF) "Wild animal hunting preserve" means an area of land	613
where game, captive white-tailed deer, and nonnative wildlife,	614
other than game birds, are released and hunted as authorized by a	615
wild animal hunting preserve license obtained under section	616
1533.721 of the Revised Code.	617

(GGG) "Captive white-tailed deer" means legally acquired deer	618
that are held in private ownership at a facility licensed under	619
section 943.03 or 943.031 of the Revised Code and under section	620
1533.71 or 1533.721 of the Revised Code.	621

Sec. 1533.01.  As used in this chapter, "person," "resident,"	622
"nonresident," "division rule," "rule," "closed season," "open	623
season," "take or taking," "possession," "bag limit," "transport	624
and transportation," "sell and sale," "whole to include part,"	625
"angling," "trotline," "fish," "measurement of fish," "wild	626
birds," "game," "game birds," "nongame birds," "wild quadrupeds,"	627
"game quadrupeds," "fur-bearing animals," "wild animals,"	628
"hunting," "trapping," "muskrat spear," "channels and passages,"	629
"island," "reef," "fur farm," "waters," "crib," "car," "commercial	630
fish," "fishing," "fillet," "part fillet," "round," "migrate,"	631
"spreader bar," "fishing guide," "net," "commercial fishing gear,"	632
"native wildlife," "gill net," "tag fishing tournament," "tenant,"	633
"nonnative wildlife," "reptiles," "amphibians," "deer," "domestic	634
deer," "migratory game bird," "accompany," and "electric-powered	635
all-purpose vehicle," "wholly enclosed preserve," "commercial bird	636
shooting preserve," "wild animal hunting preserve," and "captive	637
white-tailed deer" have the same meanings as in section 1531.01 of	638
the Revised Code.	639

Sec. 1533.71. (A) Unless otherwise provided in this section	640
or by division rule, any person desiring to engage in the business	641
of raising and selling game birds, game quadrupeds, reptiles,	642
amphibians, or fur-bearing animals in a wholly enclosed preserve	643
of which the person is the owner or lessee, or to have game birds,	644
game quadrupeds, reptiles, amphibians, or fur-bearing animals in	645
captivity, shall apply in writingsubmit an application to the	646
division of wildlife for a license to do so. This section does not	647
apply to a person who possesses wild animals under the authority	648
of a license for a wild animal hunting preserve or a commercial	649
bird shooting preserve.	650

The division, when it appears that the application is made in	651
good faith and the applicant is in compliance with division (B) of	652
this section, if applicable, and upon the payment of the fee for	653
each license, may issue to the applicant any of the following	654
licenses that may be applied for:	655

(A)(1) "Commercial propagating license" permitting the	656
licensee to propagate game birds, game quadrupeds except captive	657
white-tailed deer, reptiles, amphibians, or fur-bearing animals in	658
the wholly enclosed preserve the location of which is stated in	659
the license and the application therefor, and to sell the	660
propagated game birds, game quadrupeds except captive white-tailed	661
deer, reptiles, amphibians, or fur-bearing animals and ship them	662
from the state alive at any time, and permitting the licensee and	663
the licensee's employees to kill the propagated game birds, game	664
quadrupeds except captive white-tailed deer, or fur-bearing	665
animals and sell the carcasses for food subject to sections	666
1533.701533.71 to 1533.801533.79 of the Revised Code. The fee	667
for such a license is forty dollars per annum.	668

(B)(2) "Noncommercial propagating license" permitting the	669
licensee to propagate game birds, game quadrupeds except captive	670
white-tailed deer, reptiles, amphibians, or fur-bearing animals	671
and to hold the animals in captivity. Game birds, game quadrupeds	672
except captive white-tailed deer, reptiles, amphibians, and	673
fur-bearing animals propagated or held in captivity by authority	674
of a noncommercial propagating license are for the licensee's own	675
use and shall not be sold. The fee for such a license is	676
twenty-five dollars per annum.	677

(C) A free "raise to release license" permitting duly	678
organized clubs, associations, or individuals approved by the	679
division to engage in the raising of game birds, game quadrupeds,	680
or fur-bearing animals for release only and not for sale or	681
personal use.	682

(3) "Captive white-tailed deer propagation license"	683
permitting the licensee to propagate captive white-tailed deer,	684
hold the animals in captivity, and sell the animals and carcasses.	685
The fee for such a license is forty dollars. The license is valid	686
until a licensee ceases to hold captive white-tailed deer or the	687
license is revoked, whichever occurs earlier.	688

(B)(1) A person who wishes to obtain a captive white-tailed	689
deer propagation license, prior to applying for the license, shall	690
construct an authorized enclosure that is surrounded by a fence	691
that is eight feet in height with a minimal deviation not to	692
exceed four per cent, is constructed in a manner that prevents	693
ingress and egress of deer, and is constructed of materials that	694
are approved by the chief of the division of wildlife in	695
consultation with the animal and plant health inspection service	696
in the United States department of agriculture, the department of	697
agriculture, and representatives of the cervid industry in this	698
state.	699

(2) After constructing an authorized enclosure in accordance	700
with division (B)(1) of this section and division rules, the	701
person may submit an application for a captive white-tailed deer	702
propagation license.	703

(3) Not later than thirty days after the submission of the	704
application, a representative from the division shall inspect the	705
authorized enclosure to ensure compliance with division (B)(1) of	706
this section and division rules. If the applicant's authorized	707
enclosure is not in compliance with all of the applicable	708
requirements, the representative shall inform the applicant in	709
writing of the deficiencies not later than ten business days after	710
the inspection. If the applicant corrects the deficiencies, the	711
applicant shall request a reinspection. The reinspection shall be	712
conducted in accordance with this division not later than thirty	713
days after the request for reinspection.	714

If the applicant's authorized enclosure complies with all of	715
the applicable requirements, the chief shall review the	716
application and shall issue or deny the license. If the chief	717
denies the license, the chief shall return the application to the	718
applicant with an explanation of the reasons for denial. The	719
applicant may correct the deficiencies in the application and	720
submit a revised application. If the applicant corrects the	721
deficiencies, the chief shall issue the license as provided in	722
this section.	723

(4) Upon receipt of a captive white-tailed deer propagation	724
license, receipt of a license under section 943.03 or 943.031 of	725
the Revised Code, and a demonstration to the chief or the chief's	726
designee that each captive white-tailed deer held by the licensee	727
was legally acquired, the licensee may place all of the licensee's	728
deer in the authorized enclosure. The licensee thereafter shall	729
comply with this chapter and Chapter 1531. of the Revised Code,	730
division rules, sections 943.20 to 943.26 of the Revised Code, and	731
rules adopted under section 943.24 of the Revised Code.	732

(C) The division may inspect a facility to which a captive	733
white-tailed deer propagation license has been issued only at	734
reasonable times and when the inspection is in connection with a	735
criminal investigation.	736

(D) The chief, with the approval of the director of	737
agriculture, may suspend or revoke a captive white-tailed deer	738
propagation license issued to a person who also has been issued a	739
valid license under section 943.03 or 943.031 of the Revised Code	740
for the same facility if the person fails to comply with this	741
chapter and Chapter 1531. of the Revised Code, division rules,	742
sections 943.20 to 943.26 of the Revised Code, and rules adopted	743
under section 943.24 of the Revised Code.	744

(E) Except as provided by law, no person shall possess game	745
birds, game quadrupeds, or fur-bearing animals in closed season,	746
provided that municipal or governmental zoological parks are not	747
required to obtain the licenses provided for in this section.	748

All(F) Except for a captive white-tailed deer propagation	749
license, all licenses issued under this section shall expire on	750
the fifteenth day of March of each year.	751

(G) The chief of the division of wildlife shall pay all	752
moneys received as fees for the issuance of licenses under this	753
section into the state treasury to the credit of the fund created	754
by section 1533.15 of the Revised Code for the use of the division	755
in the purchase, preservation, and protection of wild animals and	756
for the necessary clerical help and forms required by sections	757
1533.701533.71 to 1533.801533.79 of the Revised Code.	758

(H) This section does not authorize the taking or the release	759
for taking of the following:	760

(1) Game birds, without first obtaining a commercial bird	761
shooting preserve license issued under section 1533.72 of the	762
Revised Code;	763

(2) Game or nonnative wildlife, without first obtaining a	764
wild animal hunting preserve license issued under section 1533.721	765
of the Revised Code.	766

Sec. 1533.721.  (A) Except as otherwise provided by division	767
rule, no person shall offer for hunting or hunt any nonnative	768
wildlife except in a licensed wild animal hunting preserve. No	769
person shall operate a wild animal hunting preserve without first	770
obtaining a wild animal hunting preserve license issued by the	771
chief of the divisondivision of wildlife under this section.	772

(B) Application for a wild animal hunting preserve license	773
shall be made on a form prescribed by the chief and shall be	774
accompanied by an annual licensea license application fee of	775
three hundredone thousand dollars. The application shall contain	776
a list of which species of game and nonnative wildlife are to be	777
released for hunting in the preserve, a description of the lands	778
that are to constitute the preserve, a description of the tag and	779
symbol identifying the preserve required under division (C) of	780
section 1533.731 of the Revised Code, and any other information	781
required by the chief.	782

(C) The chief, upon payment of the licenseapplication fee,	783
mayshall issue to the applicant a wild animal hunting preserve	784
license if all of the following conditions are met:	785

(1) The operation of the wild animal hunting preserve does	786
not conflict with a prior reasonable public interest;.	787

(2) The proposed wild animal hunting preserve meets the	788
requirements established in division (A) of section 1533.731 of	789
the Revised Code;.	790

(3) The applicant is the owner or lessee of the land	791
described in the application and maintains histhat status as the	792
owner or lessee of the land until the license expires.	793

(4) The proposed wild animal hunting preserve has been	794
inspected by a representative of the division of wildlife to	795
ensure that all wild deer have been removed from the proposed wild	796
animal hunting preserve before any game or nonnative wildlife are	797
released into the preserve.	798

(D) Prior to an inspection of a proposed wild animal hunting	799
preserve for purposes of division (C)(4) of this section, an	800
applicant for a wild animal hunting preserve license shall remove	801
all wild deer from the proposed preserve using a method that is	802
approved by the chief. All wild deer that cannot be removed from	803
the proposed wild animal hunting preserve shall be killed, and the	804
applicant shall submit a restitution fee in accordance with	805
section 1531.201 of the Revised Code.	806

(E) Inspection of a proposed wild animal hunting preserve	807
shall be conducted and approval or disapproval of an initial	808
license for such a preserve shall be made between the first day of	809
January through the last day of March of the year in which the	810
applicant first intends to operate the preserve.	811

(F) Upon receipt of the initial license for a wild animal	812
hunting preserve, receipt of a license under section 943.03 or	813
943.031 of the Revised Code, and a demonstration to the chief or	814
the chief's designee that each captive white-tailed deer held by	815
the licensee was legally acquired, the licensee may place all of	816
the licensee's deer in the wild animal hunting preserve. A wild	817
animal hunting preserve licensee holding captive white-tailed deer	818
in the preserve shall comply with this chapter and Chapter 1531.	819
of the Revised Code, division rules, sections 943.20 to 943.26 of	820
the Revised Code, and rules adopted under section 943.24 of the	821
Revised Code.	822

All(G)(1) Except as otherwise provided in division (G)(2) of	823
this section, all licenses issued under this section shall expire	824
on the thirtieth day of April of each year. Any license holder	825
wishing to own or operate a wild animal hunting preserve in the	826
year following the expiration of histhe license shall apply for a	827
new license under division (B) of this sectionsubmit a license	828
renewal form prescribed by the chief and include an animal renewal	829
fee of two hundred dollars.	830

(2) A license issued under this section for a wild animal	831
hunting preserve in which only captive white-tailed deer are kept	832
does not expire unless the license is revoked by the chief under	833
division (H)(2) of this section.	834

(E) In(H)(1) Except as otherwise provided in division (H)(2)	835
of this section, and in accordance with Chapter 119. of the	836
Revised Code, the chief may suspend or revoke a wild animal	837
hunting preserve license if hethe chief finds that the license	838
holder has violated or is violating this chapter or Chapter 1531.	839
of the Revised Code or any division rule.	840

(2) The chief, with the approval of the director of	841
agriculture, may suspend or revoke a wild animal hunting preserve	842
license issued to a person who also has been issued a valid	843
license for that preserve under section 943.03 or 943.031 of the	844
Revised Code if the person fails to comply with this chapter and	845
Chapter 1531. of the Revised Code, division rules, sections 943.20	846
to 943.26 of the Revised Code, and rules adopted under section	847
943.24 of the Revised Code.	848

(F)(I) This section does not authorize the hunting of game	849
birds in a licensed wild animal hunting preserve unless the	850
licensee also possesses a valid commercial bird shooting preserve	851
license issued under section 1533.72 of the Revised Code for the	852
same land for which the wild animal hunting preserve license was	853
issued.	854

Sec. 1533.731.  (A) No wild animal hunting preserve shall be	855
less than eighty acres in area. Each such preserve shall be in one	856
continuous block of land, except that the block of land may be	857
intersected by highways or roads. No wild animal hunting preserve	858
shall be located within one thousand five hundred feet of another	859
such preserve or of a commercial bird shooting preserve licensed	860
under section 1533.72 of the Revised Code.	861

The boundaries of each wild animal hunting preserve shall be	862
clearly defined by posting, at intervals of not more than four	863
hundred feet, with signs prescribed by the division of wildlife.	864
Each wild animal hunting preserve shall be surrounded by a fence	865
at least sixeight feet in height, with a minimal deviation not to	866
exceed four per cent, that is constructed of a woven wire mesh, or	867
such other enclosure approved by the chief of the division of	868
wildlife.	869

(B)(1) Except as provided in divisions (B)(2) and (3) of this	870
section, game and nonnative wildlife that have been approved by	871
the chief for such use,and that have been legally acquired or	872
propagated under the authority of a propagating license issued	873
under section 1533.71 of the Revised Code, and that are marked and	874
tagged as provided in division (C) of this sectionor propagated	875
within the confines of a licensed wild animal hunting preserve may	876
be released and hunted within the confines of the licensed wild	877
animal hunting preserve between one-half hour before sunrise and	878
one-half hour after sunset, without regard to sex, bag limit, or	879
open season, by licensed hunters authorized by the holder of the	880
wild animal hunting preserve license to hunt on those lands. The	881
chief shall establish, by rule, the allowable methods of taking	882
game and nonnative wildlife in a wild animal hunting preserve.	883

(2) No game or nonnative wildlife on the federal endangered	884
species list established in accordance with the "Endangered	885
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531, as amended,	886
or the state endangered species list established in rules adopted	887
under section 1531.25 of the Revised Code, no bears native to	888
North America, and no large carnivores of the family Felidae shall	889
be released for hunting or hunted in any wild animal hunting	890
preserve in this state.	891

(3) No person shall release for hunting or hunt within a wild	892
animal hunting preserve any game or nonnative wildlife not listed	893
in the application for a license for that preserve.	894

(C) AllUnless otherwise specified by division rule, all game	895
and nonnative wildlife released on a wild animal hunting preserve	896
shall be identified with a tag that shall bear upon it a symbol	897
identifying the preserve.	898

(D) No person shall remove living game or nonnative wildlife	899
from a wild animal hunting preserve unless the game or nonnative	900
wildlife are being transferred to another wild animal hunting	901
preserve in accordance with rules adopted by the director of	902
agriculture under section 943.24 of the Revised Code.	903

(E) The holder of a wild animal hunting preserve license	904
shall keep a record of all animals that have been released into	905
the preserve. The record shall include all of the following:	906

(1) The date on which each animal was released into the	907
preserve;	908

(2) The number of each species of animals;

909

(3) The number of males and females of each species of	910
animals;	911

(4) The name and address of each person from whom each animal	912
was obtained.	913

The licensee shall record in a manner specified by the	914
division the name and address of each person that takes any game	915
or nonnative wildlife from the preserve. The licensee shall	916
maintain those records for a period of two years and make them	917
available for inspection by the division at all reasonable times	918
in conjunction with an active criminal investigation.	919

(F) In addition to complying with the requirements	920
established by division (E) of this section, the holder of a wild	921
animal hunting preserve license who has captive white-tailed deer	922
in the preserve shall keep a record of all known escapes of those	923
deer, deaths of those deer that were not a result of hunting, and	924
laboratory results for testing for chronic wasting disease of	925
those deer that is required by section 943.21 of the Revised Code	926
and rules adopted under section 943.24 of the Revised Code.	927

(G) For the purposes of division (B) of section 1533.02 of	928
the Revised Code, the owner or operator of a wild animal hunting	929
preserve shall furnish each person who takes any game or nonnative	930
wildlife from the preserve a certificate bearing a description of	931
the animal, the date the animal was taken, and the name of the	932
preserve.	933

(E)(H) The holder of a wild animal hunting preserve license	934
prominently shall display the license at the place of business	935
that is specified in the license.	936

(I) The chief shall adopt rules under section 1531.10 of the	937
Revised Code that provide for the safety of the public and for the	938
protection of the game and nonnative wildlife to be hunted in a	939
wild animal hunting preserve prior to their release in the	940
preserve.	941

(F)(J) No holder of a wild animal hunting preserve license	942
shall violate this chapter or Chapter 1531. or this chapter of the	943
Revised Code or any division rule.	944

(G)(K) This section does not authorize the hunting of game	945
birds in a licensed wild animal hunting preserve unless the	946
licensee also possesses a valid commercial bird shooting preserve	947
license issued under section 1533.72 of the Revised Code for the	948
same land for which the wild animal hunting preserve license was	949
issued.	950

Sec. 1533.74.  No game birds, game quadrupeds, or fur-bearing	951
animals held under the authority of a license issued under section	952
1533.71, 1533.72, or 1533.721 of the Revised Code shall be sold	953
for food unless the carcass of each game bird, game quadruped, or	954
fur-bearing animal is tagged with a suitable tag or seal supplied	955
approved by the division of wildlife. Game birds, game quadrupeds,	956
and fur-bearing animals so killed and tagged may be possessed,	957
bought, or sold at any time. Common carriers shall receive and	958
transport game birds, game quadrupeds, and fur-bearing animals so	959
tagged, but to every package containing them shall be affixed a	960
tag or label upon which shall be plainly printed or written the	961
name of the person to whom the license was issued, the name of the	962
person to whom they are to be transported, the number of game	963
birds, game quadrupeds, or fur-bearing animals contained in the	964
package, and a statement to the effect that they were killed and	965
tagged in accordance with sections 1533.701533.71 to 1533.80	966
1533.79 of the Revised Code.	967

The chief of the division of wildlife may adopt rules under	968
section 1531.10 of the Revised Code necessary to administer this	969
section.	970

This section and rules adopted pursuant to it do not apply to	971
meat that has been inspected by the department of agriculture	972
under Chapter 918. of the Revised Code and rules adopted under it	973
and that has been marked with an official inspection mark, stamp,	974
or brand pursuant to that inspection.	975

Sec. 1533.76.  No licensee shall ship any live pheasants	976
propagated in accordance with sections 1533.701533.71 to 1533.80,	977
inclusive,1533.79 of the Revised Code, from this state, until he	978
the licensee has first offered them to the division of wildlife at	979
a reasonable price, which price shall not exceed the price at	980
which hethe licensee offers them for sale at any place outside	981
the state.	982

Sec. 1533.77. (A) Each holder of a noncommercial or	983
commercial propagating license issued under section 1533.71 of the	984
Revised Code shall keep suchthe license prominently displayed at	985
the place of business specified in histhe license, and shall keep	986
accurate written records whichthat shall include the total number	987
of game birds, game quadrupeds, or fur-bearing animals possessed	988
on the date of application for the license, the number	989
subsequently propagated or acquired by purchase or gift, the	990
number that escaped, the number that were released, the number	991
that died, and the name and address of each person or corporation	992
from whom or to whom game birds, game quadrupeds or fur-bearing	993
animals were received as a gift or given as a gift or purchased or	994
sold alive or sold for food, and the date of each transaction.	995
These records shall be kept permanently on the premises stated in	996
the license, and shall be open for inspection by any authorized	997
representative of the division of wildlife at all reasonable	998
times.	999

(B) Each holder of a captive white-tailed deer propagation	1000
license issued under section 1533.71 of the Revised Code shall	1001
maintain all records that are required in rules adopted under	1002
section 943.24 of the Revised Code. The records shall be kept	1003
permanently on the premises stated in the license and shall be	1004
open for inspection by any authorized representative of the	1005
department of agriculture at all reasonable times and of the	1006
division of wildlife at all reasonable times in conjunction with	1007
an active criminal investigation.	1008

(C) The holder of a captive white-tailed deer propagation	1009
license shall not knowingly falsify any record or tag that is	1010
required in rules adopted under section 943.24 of the Revised Code	1011
or in rules adopted under section 1531.10 of the Revised Code.	1012

Sec. 1533.79. (A) The chief of the division of wildlife may	1013
adopt, amend, and rescind such rules as hethe chief considers	1014
necessary to control or eradicate parasites and diseases of	1015
domesticated or semi-wild game birds, game quadrupeds other than	1016
captive white-tailed deer, fur-bearing animals, or nonnative	1017
wildlife on the lands subject to sections 1533.701533.71 to	1018
1533.801533.79 of the Revised Code.	1019

(B) This chapter and Chapter 1531. of the Revised Code and	1020
division rules do not supersede the authority of the director of	1021
agriculture under Chapter 941. of the Revised Code to prevent the	1022
spread of dangerously contagious or infectious diseases and to	1023
provide for the control and eradication of such diseases.	1024

Sec. 1533.99.  (A) Whoever violates section 1533.17 of the	1025
Revised Code is guilty of a misdemeanor of the third degree on a	1026
first offense and a misdemeanor of the second degree on each	1027
subsequent offense. In addition to any other sanction imposed	1028
under this division, on a second or subsequent offense occurring	1029
within a period of three consecutive years after the date of	1030
conviction of the immediately preceding violation of that section	1031
any firearms or other hunting implements in the possession or	1032
under the control of the offender at the time of the violation are	1033
subject to seizure in accordance with section 1531.20 of the	1034
Revised Code. If the offender persists in the offense after	1035
reasonable warning or request to desist, the offender is guilty of	1036
a misdemeanor of the second degree.	1037

(B) Whoever violates section 1533.161, 1533.23, 1533.24,	1038
1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, 1533.55,	1039
1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, 1533.72,	1040
1533.73, 1533.74, 1533.75, 1533.76, 1533.77, or 1533.79, or	1041
1533.80, division (F)(J) of section 1533.731, or division (B) or	1042
(C) of section 1533.97 of the Revised Code is guilty of a	1043
misdemeanor of the third degree.	1044

(C) Whoever violates division (B) of section 1533.03, section	1045
1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 1533.42,	1046
1533.51, 1533.63, 1533.64, 1533.67, 1533.68, 1533.721, 1533.881,	1047
or 1533.882, division (B)(2) or (3) of section 1533.731, or	1048
division (A) of section 1533.97 of the Revised Code is guilty of a	1049
misdemeanor of the first degree.	1050

(D) Whoever violates division (D) of section 1533.97 of the	1051
Revised Code is guilty of a misdemeanor of the fourth degree. The	1052
court shall require any person who is convicted of or pleads	1053
guilty to the offense to refund to all participants in the fishing	1054
tournament operated by the person any entry fees paid by the	1055
participants.	1056

(E) Whoever violates division (C) or (D) of section 1533.632	1057
of the Revised Code is guilty of a felony of the fifth degree.	1058

(F) Whoever violates any section of this chapter for which no	1059
penalty is otherwise provided is guilty of a misdemeanor of the	1060
fourth degree.	1061

(G) A court that imposes sentence for a violation of any	1062
section of this chapter governing the holding, taking, or	1063
possession of wild animals may require the person who is convicted	1064
of or pleads guilty to the offense, in addition to any fine, term	1065
of imprisonment, seizure, and forfeiture imposed, to make	1066
restitution for the minimum value of the wild animal or animals	1067
illegally held, taken, or possessed as established under section	1068
1531.201 of the Revised Code. An officer who collects moneys paid	1069
as restitution under this section shall pay those moneys to the	1070
treasurer of state who shall deposit them in the state treasury to	1071
the credit of the wildlife fund established under section 1531.17	1072
of the Revised Code.	1073

Section 2.  That existing sections 901.511, 918.12, 943.01,	1074
1531.01, 1533.01, 1533.71, 1533.721, 1533.731, 1533.74, 1533.76,	1075
1533.77, 1533.79, and 1533.99 and sections 1533.70, 1533.75, and	1076
1533.80 of the Revised Code are hereby repealed.	1077

Section 3.  (A) As used in this section, "monitored captive	1078
deer," "captive deer with status," "captive deer with certified	1079
chronic wasting disease status," and "captive whitetail deer	1080
licensee" have the same meanings as in section 943.01 of the	1081
Revised Code.	1082

(B)(1) Notwithstanding rules adopted under section 943.24 of	1083
the Revised Code, as enacted by this act, a captive whitetail deer	1084
licensee that has tested each captive deer with status and captive	1085
deer with certified chronic wasting disease status in the	1086
licensee's herd for brucellosis and tuberculosis during the twelve	1087
months preceding the effective date of this act, but not prior to	1088
those twelve months, according to records maintained by the	1089
Department of Agriculture, shall test each such deer for	1090
brucellosis and tuberculosis one time during the twelve months	1091
immediately following the effective date of this act. Thereafter,	1092
a licensee shall have each captive deer with status and captive	1093
deer with certified chronic wasting disease status in the	1094
licensee's herd tested for brucellosis and tuberculosis in	1095
accordance with rules adopted under section 943.24 of the Revised	1096
Code, as enacted by this act.	1097

(2) Notwithstanding rules adopted under section 943.24 of the	1098
Revised Code, as enacted by this act, a captive whitetail deer	1099
licensee that has tested each captive deer with status and captive	1100
deer with certified chronic wasting disease status in the	1101
licensee's herd annually for brucellosis and tuberculosis for two	1102
or more years prior to the effective date of this act, according	1103
to records maintained by the Department of Agriculture, thereafter	1104
shall test such deer for brucellosis and tuberculosis in	1105
accordance with rules adopted under section 943.24 of the Revised	1106
Code, as enacted by this act.	1107

(C) The rules adopted under section 943.24 of the Revised	1108
Code, as enacted by this act, shall allow captive deer with status	1109
that have been certified or that are in the process of being	1110
certified pursuant to 9 C.F.R. parts 55 and 81 prior to the	1111
effective date of this act to retain that certification or to	1112
continue the process of certification, provided that the captive	1113
whitetail deer licensee who owns the deer continues to comply with	1114
9 C.F.R. parts 55 and 81 and sections 943.20 to 943.26 of the	1115
Revised Code, as enacted by this act, and rules adopted under	1116
section 943.24 of the Revised Code, as enacted by this act.	1117