Ohio § 1533.71

§ 1533.71.

(A) Unless otherwise provided in this section or by division rule, any person desiring

to engage in the business of raising and selling game birds, game quadrupeds, reptiles,

amphibians, or fur-bearing animals in a wholly enclosed preserve of which the person

is the owner or lessee, or to have game birds, game quadrupeds, reptiles, amphibians,

or fur-bearing animals in captivity, shall submit an application to the division of

wildlife for a license to do so.  This section does not apply to a person who possesses wild animals under the authority

of a license for a wild animal hunting preserve or a commercial bird shooting preserve. The division, when it appears that the application is made in good faith and the applicant

is in compliance with division (B) of this section, if applicable, and upon the payment

of the fee for each license, may issue to the applicant any of the following licenses

that may be applied for: (1) “ Commercial propagating license ” permitting the licensee to propagate game birds, game quadrupeds except captive

white-tailed deer, reptiles, amphibians, or fur-bearing animals in the wholly enclosed

preserve the location of which is stated in the license and the application therefor,

and to sell the propagated game birds, game quadrupeds except captive white-tailed

deer, reptiles, amphibians, or fur-bearing animals and ship them from the state alive

at any time, and permitting the licensee and the licensee’s employees to kill the

propagated game birds, game quadrupeds except captive white-tailed deer, or fur-bearing

animals and sell the carcasses for food subject to sections 1533.71 to 1533.79 of the Revised Code .  The fee for such a license is forty dollars per annum. (2) “ Noncommercial propagating license ” permitting the licensee to propagate game birds, game quadrupeds except captive

white-tailed deer, reptiles, amphibians, or fur-bearing animals and to hold the animals

in captivity.  Game birds, game quadrupeds except captive white-tailed deer, reptiles, amphibians,

and fur-bearing animals propagated or held in captivity by authority of a noncommercial

propagating license are for the licensee's own use and shall not be sold.  The fee for such a license is twenty-five dollars per annum. (3) “Captive white-tailed deer propagation license” permitting the licensee to propagate

captive white-tailed deer, hold the animals in captivity, and sell the animals and

carcasses.  The fee for such a license is forty dollars.  The license is valid until a licensee ceases to hold captive white-tailed deer or

the license is revoked, whichever occurs earlier. (B)(1) A person who wishes to obtain a captive white-tailed deer propagation license, prior

to applying for the license, shall construct an authorized enclosure that is surrounded

by a fence that is eight feet in height with a minimal deviation not to exceed four

per cent, is constructed in a manner that prevents ingress and egress of deer, and

is constructed of materials that are approved by the chief of the division of wildlife

in consultation with the animal and plant health inspection service in the United

States department of agriculture, the department of agriculture, and representatives

of the cervid industry in this state. (2) After constructing an authorized enclosure in accordance with division (B)(1) of

this section and division rules, the person may submit an application for a captive

white-tailed deer propagation license. (3) Not later than thirty days after the submission of the application, a representative

from the division shall inspect the authorized enclosure to ensure compliance with

division (B)(1) of this section and division rules.  If the applicant’s authorized enclosure is not in compliance with all of the applicable

requirements, the representative shall inform the applicant in writing of the deficiencies

not later than ten business days after the inspection.  If the applicant corrects the deficiencies, the applicant shall request a reinspection.  The reinspection shall be conducted in accordance with this division not later than

thirty days after the request for reinspection. If the applicant’s authorized enclosure complies with all of the applicable requirements,

the chief shall review the application and shall issue or deny the license.  If the chief denies the license, the chief shall return the application to the applicant

with an explanation of the reasons for denial.  The applicant may correct the deficiencies in the application and submit a revised

application.  If the applicant corrects the deficiencies, the chief shall issue the license as

provided in this section. (4) Upon receipt of a captive white-tailed deer propagation license, receipt of a license

under section 943.03 or 943.031 of the Revised Code , and a demonstration to the chief or the chief’s designee that each captive white-tailed

deer held by the licensee was legally acquired, the licensee may place all of the

licensee’s deer in the authorized enclosure.  The licensee thereafter shall comply with this chapter and Chapter 1531. of the

Revised Code, division rules, sections 943.20 to 943.26 of the Revised Code , and rules adopted under section 943.24 of the Revised Code . (C) The division may inspect a facility to which a captive white-tailed deer propagation

license has been issued only at reasonable times and when the inspection is in connection

with a criminal investigation. (D) The chief, with the approval of the director of agriculture, may suspend or revoke

a captive white-tailed deer propagation license issued to a person who also has been

issued a valid license under section 943.03 or 943.031 of the Revised Code for the same facility if the person fails to comply with this chapter and Chapter

1531. of the Revised Code, division rules, sections 943.20 to 943.26 of the Revised Code , and rules adopted under section 943.24 of the Revised Code . (E) Except as provided by law, no person shall possess game birds, game quadrupeds, or

fur-bearing animals in closed season, provided that municipal or governmental zoological

parks are not required to obtain the licenses provided for in this section. (F) Except for a captive white-tailed deer propagation license, all licenses issued under

this section shall expire on the fifteenth day of March of each year. (G) The chief shall pay all moneys received as fees for the issuance of licenses under

this section into the state treasury to the credit of the fund created by section 1533.15 of the Revised Code for the use of the division in the purchase, preservation, and protection of wild

animals and for the necessary clerical help and forms required by sections 1533.71 to 1533.79 of the Revised Code . (H) This section does not authorize the taking or the release for taking of the following: (1) Game birds, without first obtaining a commercial bird shooting preserve license issued

under section 1533.72 of the Revised Code ; (2) Game or nonnative wildlife, without first obtaining a wild animal hunting preserve

license issued under section 1533.721 of the Revised Code . (I) A license shall not be issued under this section to raise or sell a dangerous wild

animal or restricted snake as defined in section 935.01 of the Revised Code .