Bill Text: OH HB389 | 2011-2012 | 129th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
As Reported by the House Agriculture and Natural Resources Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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-Comm_Sub.html
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Representatives Hall, Okey
Cosponsors:
Representatives Letson, Grossman, Boose, Conditt, Thompson, Buchy, Combs, Murray, O'Brien, Peterson, Hagan, C., McClain, Amstutz, Slaby, Landis
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 | 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 | 134 |
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, | 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 |
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 | 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, | 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 status are released | 233 |
and hunted shall obtain a license under section 943.03 or 943.031 | 234 |
of 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," | 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 | 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 |
| 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 |
667 | |
for such a license is forty dollars per annum. | 668 |
| 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 |
| 678 |
679 | |
680 | |
681 | |
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 |
| 749 |
license, all licenses issued under this section shall expire on | 750 |
the fifteenth day of March of each year. | 751 |
(G) The chief | 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 |
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
| 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 | 775 |
776 | |
a list of which species of game and nonnative wildlife are to be | 777 |
released for hunting in the preserve | 778 |
779 | |
780 | |
781 | |
required by the chief. | 782 |
(C) The chief, upon payment of the | 783 |
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
| 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 |
| 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
| 827 |
828 | |
renewal form prescribed by the chief and include an annual 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 |
| 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
| 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 |
| 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 | 860 |
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 | 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 | 872 |
propagated under the authority of a propagating license issued | 873 |
under section 1533.71 of the Revised Code | 874 |
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 | 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) | 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 |
| 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 |
| 942 |
shall violate this chapter or Chapter 1531. | 943 |
Revised Code or any division rule. | 944 |
| 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 | 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 | 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 | 977 |
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 | 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 | 985 |
the place of business specified in | 986 |
accurate written records
| 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 | 1014 |
necessary to control or eradicate parasites and diseases of | 1015 |
1016 | |
captive white-tailed deer, fur-bearing animals, or nonnative | 1017 |
wildlife on the lands subject to sections
| 1018 |
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, | 1041 |
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 |