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State House OKs Santucci hunting, fishing proposal

By David Skolnick 5 min read

A bill seeking to put a proposal on the November 2024 ballot to enshrine the right to hunt and fish into the Ohio Constitution -- with state Rep. Nick Santucci as one of the two lead sponsors -- received approval from a state House committee.

After Wednesday's 6-4 vote by the Ohio House Energy and Natural Resources Committee - with all Republicans voting for it and all Democrats in opposition - it now moves to the full House for consideration.

The House won't meet again until next month, and there isn't a timetable for getting this in front of members for a vote. It would also need passage from the state Senate.

The bill would need at least 60% support in both the House and the Senate to qualify for next year's general election ballot.

"I'm excited to see our resolution pass out of committee and head to the House floor," Santucci, R-Howland, said. "I'm hopeful we can get this over to the Senate quickly so we can make sure Ohioans get the chance to weigh in on this amendment in 2024."

Aug. 7, 2024, is the deadline for joint resolutions from the General Assembly to be filed with the Ohio secretary of state to qualify for that year's Nov. 5 general election.

Santucci and state Rep. Ron Ferguson, R-Wintersville, introduced the proposal Oct. 3. It had its first committee hearing Oct. 25 and was approved Wednesday.

The two-page legislation states: "The right to hunt, fish and harvest wildlife is a valued part of Ohio's heritage and shall be forever preserved for the public good. The people have a right, which includes the right to use traditional methods, to hunt, fish and harvest wildlife that are traditionally pursued. This right is subject only to the laws prescribed by the General Assembly and rules prescribed by virtue of the authority of the General Assembly to do either of the following: promote wildlife conservation and management; preserve the future of hunting and fishing."

It concludes: "Hunting and fishing shall be a preferred means of managing and controlling wildlife in this state. This section shall not be construed to limit the application of any provision of law or of the constitution relating to trespass or property rights."

There are 23 states in the country with a constitutionally protected right to fish and hunt.

After taking sponsorship testimony from Santucci and Ferguson in its initial hearing, the committee heard from four proponents of the bill in the second hearing and then from two opponents in the third hearing and one opponent in the final hearing on Wednesday.

During the sponsorship testimony on Oct. 25, Santucci said hunting and fishing added $1.3 billion to the state's economy in 2020.

"The right to hunt and fish in Ohio needs to be protected, not only as forms of sustenance and recreational activities, but as major economic drivers that make our state attractive as an out-of-state tourist industry," he said.

An identical proposal introduced in 2021 by three state senators -- including Sandra O'Brien, R-Lenox, who represents all of Trumbull County - was given a committee assignment, but the Senate Agriculture and Natural Resources Committee never held a single hearing. It died Dec. 31, 2022, when the legislative session ended.

The language in both proposals is virtually the same as a model amendment provided for years by the National Rifle Association on its website. Santucci said the NRA "did not have any influence over this joint resolution."

Santucci said one group that assisted was the International Order of T. Roosevelt, a hunter and angler advocacy organization. Luke Hilgemann, the order's executive director, testified in support of the bill.

Hilgemann said, "You may ask, 'Why does Ohio need this amendment when hunting and fishing aren't in jeopardy here?' The answer is simple: We must be proactive in protecting these rights before they are under threat."

Hilgemann said the number of hunting and fishing licenses in Ohio declined over the past decade and there have been efforts by a couple of federal agencies that would adversely impact hunting and fishing.

Robert Matthews, a senior coordinator with the Congressional Sportsmen's Foundation, spoke in favor of the bill, but asked that the phrase "that are traditionally pursued" be removed "based on our extensive experience working to pass right to hunt and fish constitutional amendments in states across the country and coordinating with the respective state fish and wildlife agencies throughout the process.

"Removing this language will protect the fish and wildlife management authority of the Department of Natural Resources by allowing the full range of management options currently employed," he said.

Vicki Deisner, executive director of Ohio Animal Advocates also expressed concern about that phrase and objected to the legislation.

She said, "The resolution is ambiguous and would create significant regulatory uncertainty, the resolution is unnecessary and represents a solution in search of a problem, the resolution uses misleading language to make unpopular and controversial methods of take -- such as trapping, baiting and hounding - a constitutional right, and the resolution would severely limit the authority of the Ohio Department of Natural Resources, the General Assembly and the public to responsibly manage wildlife."

Mark Finneran, Ohio state director of the Humane Society of the United States, said the bill is "a far-reaching proposal that seeks to codify those very cruel, outdated and ineffective practices into our state constitution and could even prevent Ohio citizens from using their right to advance issues of their own choosing through the ballot process."

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