As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 241 5
1999-2000 6
SENATORS GARDNER-SPADA-BLESSING-CARNES-KEARNS-WACHTMANN- 8
HAGAN-LATTA 9
_________________________________________________________________ 11
A B I L L
To amend sections 1531.10, 1533.41, 1533.55, and 13
1533.63 of the Revised Code to authorize the 14
Chief of the Division of Wildlife in the
Department of Natural Resources to adopt 15
commercial fishing rules that are effective for a
period longer than five years, and to establish 16
fishing season dates and length limits for 17
certain commercial fish.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 1531.10, 1533.41, 1533.55, and 21
1533.63 of the Revised Code be amended to read as follows: 22
Sec. 1531.10. In accordance with Chapter 119. of the 31
Revised Code, the chief of the division of wildlife shall adopt, 32
and may amend and rescind, rules that are necessary for the 33
administration and enforcement of this chapter and Chapter 1533. 34
of the Revised Code. Each such rule shall be filed with the 35
clerk of the court of common pleas of each county where the rule 36
is effective and shall be given such additional publicity by 37
advertising or otherwise as the chief considers necessary or 38
expedient. As long as a rule of the division of wildlife remains 39
in effect, a copy of it shall be included and printed in any 40
authorized compilation of the division lawbook. All such rules 41
shall be under the seal of the division and shall bear the 42
signature, or a facsimile thereof, of the chief. 43
Any rule adopted by the chief under this section for the 45
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purpose of regulating the taking of commercial fish shall remain 46
in effect for not more than five years after the date of adoption 47
regardless of whether the rule subsequently is amended under this 48
section. 49
Sec. 1533.41. For the Lake Erie fishing district, and in 58
such other waters wherein fishing with nets is licensed by law, 59
there shall be not more than two fishing seasons for residents 60
and nonresidents. Except as otherwise provided by division rule, 62
those seasons are the spring fishing season, beginning on the 63
first day of March MAY and including and closing on the 64
thirty-first day of August, and the fall fishing season, 65
beginning on the first day of September and including and closing 66
on the thirty-first day of December. 67
No person shall draw, set, place, locate, or maintain any 69
fish net whatever except a minnow net in the Lake Erie fishing 70
district, or in any other waters of this state wherein fishing 71
with nets is licensed by law, between the first day of January 72
and the first day of March MAY next following, both dates 74
inclusive, except as otherwise provided by division rule. 75
No person shall draw, set, place, locate, use, maintain, or 77
possess a gill net in this state except as provided in section 78
1533.61 of the Revised Code. 79
In addition to any other penalty provided in the Revised 81
Code, the license or permit of any person who is convicted of a 82
violation relating to drawing, setting, placing, using, 83
maintaining, or possessing a gill net is revoked by operation of 84
law, and the person is permanently barred from obtaining another 85
license or permit of the type revoked. 86
Sec. 1533.55. Except as otherwise provided by division 95
rule, no person shall draw, set, place, locate, or maintain any 96
net, except a seine, within one-fourth of a mile of any reef in 97
Lake Erie between the first day of March MAY and the tenth day of 99
May, both dates inclusive, and within one-fourth mile of any 100
island or the mainland bordering Lake Erie between the fifteenth 101
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day of June and the fifteenth day of September, both dates 102
inclusive. No seine or net of any kind except a minnow net shall 103
be placed, located, pulled, or maintained in Sandusky bay from 104
one hour after sunset on Saturday until one hour before sunrise 105
on the following Monday, or from one hour before sunset on the 106
day before Memorial Day, Independence Day, and Labor Day until 107
one hour before sunrise on the day following Memorial Day, 108
Independence Day, and Labor Day. No seine shall be set, placed, 109
located, or maintained in Sandusky bay and the inland fishing 110
district during the nighttime from one hour after sunset until 111
one hour before sunrise. No person shall place, set, locate, 112
pull, or maintain a seine, except a minnow seine, in the Lake 113
Erie fishing district during the time from one-half hour after 114
sunset until one-half hour before sunrise, except that a licensee 115
may place, set, locate, pull, or maintain a seine other than a 116
minnow seine in any waters of the Lake Erie fishing district 118
other than Sandusky bay at those times, upon prior notification 119
to the chief of the division of wildlife, or his THE CHIEF'S 120
designated agent, during not more than one week per notification.
The notification shall be in writing and shall state the 122
licensee's name and address, date and time of fishing, and 123
location of fishing grounds. 124
No trap net, crib net, fyke net, or other fishing devices, 126
except a seine which has been authorized to be hauled during the 127
nighttime, shall be lifted, pulled, hauled, or set, nor shall 128
fish be removed therefrom, except during the time from one-half 129
hour before sunrise to one-half hour after sunset. Each net or 130
other device set, maintained, placed, pulled, lifted, or hauled 131
in violation of this section constitutes a separate offense. 132
All fish taken from a net or other fishing device, except a 134
seine that has been authorized to be hauled during the nighttime, 136
shall be brought ashore during the time from one-half hour before 137
sunrise to one-half hour after sunset.
The chief may adopt rules under section 1531.10 of the 139
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Revised Code providing that no person shall lay out, pull, lift, 140
draw, set, place, locate, or maintain any net or seine at any 141
other place or places in the Lake Erie fishing district and in 142
other waters wherein fishing with nets or seines is licensed by 143
law wherein such a prohibition is needed for the protection, 144
preservation, or propagation of fish. 145
No person shall leave a commercial fishing device in a 147
slack manner, or torn parts thereof, in the waters of the Lake 148
Erie fishing district for more than five consecutive days. For 149
the purposes of this section, a fishing device is slack when the 150
anchors to various parts of the device are not holding it in the 151
normal extended manner. 152
No person shall set or use a net, trotline, or other 154
fishing device, except a trap net or fyke net, in the Lake Erie 155
fishing district without removing all of the fish therefrom at 156
least once during a period of five consecutive days. A trap or 157
fyke net shall have all of the fish removed from the crib or car 158
at least once during such time. 159
Any net, gill net, or other fishing device set, lifted, 161
pulled, hauled, or used in violation of this chapter or Chapter 162
1531. of the Revised Code or division rule is a public nuisance 163
and each wildlife officer, or other officer with like authority, 164
may seize and safely keep such a fishing device or part thereof, 165
and the illegal results therefrom, for evidence or forfeiture 166
proceedings unless otherwise ordered by the chief. 167
No person shall fail to comply with any provision of this 169
section or division rule adopted pursuant to it. 170
In addition to other penalties provided in the Revised 172
Code, the license of any person who is convicted of two 173
violations of this section that occurred within a twelve-month 175
period is suspended upon the second such conviction by operation 176
of law for a period of five fishing season days immediately 177
following that conviction.
In addition to other penalties provided in the Revised 179
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Code, the license of any person who is convicted of three or more 180
violations of this section that occurred within a twelve-month 182
period is suspended upon the third or subsequent such conviction
by operation of law for a period of twenty fishing season days 184
immediately following that conviction. 185
During any period of suspension, no person shall use or 187
engage in fishing within commercial gear owned, used, or 188
controlled at the time of conviction by the licensee whose 189
license has been suspended. 190
Sec. 1533.63. Except as otherwise provided by division 199
rule, no person shall take, catch, buy, sell, transport, or 201
possess a whitefish less than seventeen inches in length, a 202
sturgeon less than forty-eight inches in length, a catfish less 203
than fifteen FOURTEEN and one-half inches in length, a yellow 204
perch less than eight AND ONE-HALF inches in length, a yellow 205
perch fillet or part fillet of not less than five and 207
three-eighths FIVE-EIGHTHS inches in length, A HEADLESS YELLOW 209
PERCH LESS THAN SIX AND SEVEN-EIGHTHS INCHES IN LENGTH, a white 210
bass or WHITE BASS HYBRID LESS THAN ELEVEN INCHES IN LENGTH, A 211
HEADLESS WHITE BASS OR WHITE BASS HYBRID LESS THAN EIGHT AND 212
THREE-FOURTHS INCHES IN LENGTH, A WHITE BASS OR WHITE BASS HYBRID 213
FILLET OR PART THEREOF LESS THAN SIX AND ONE-HALF INCHES IN 214
LENGTH, A bullhead less than nine inches in length, a cisco less 216
than eleven inches in length, a buffalo fish less than fifteen 217
inches in length, a sucker less than ten inches in length, or a 218
coho less than twenty-five inches in round length or twenty-one 219
and one-half inches when headless. All such fish caught or taken 220
of a weight or length less than that prescribed in this section 221
or as may be provided by the chief of the division of wildlife 222
immediately shall be released with as little injury as possible 223
while the net, seine, trotline, dip net, or other fishing device 224
is being lifted, pulled, or hauled.
No person shall release such undersized fish or species 226
protected by this chapter and Chapter 1531. of the Revised Code 227
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or division rule into a privately owned pond, lake, live car, or 228
other enclosure. No person shall bring ashore, or possess aboard 229
a boat used in commercial fishing when going to or returning from 230
nets or other fishing devices, a fish with its head or tail 231
removed or in such condition that its length, weight, or species 232
cannot be determined. 233
This section does not prohibit the catching, taking, or 235
possession of such undersized fish when caught or taken with hook 236
and line, other than a commercially licensed trotline, but when 237
such fish are so taken, they cannot be bought or sold. 238
No licensed commercial fishermen FISHERS, or person 240
required to have a commercial fishing license under section 241
1533.34 of the Revised Code, shall take walleye, sauger, 242
whitefish, mooneye, cisco, burbot, sturgeon, and blue pike; 243
brook, brown, rainbow, and lake trout; coho, chinook, and kokanne 244
salmon; or other species protected by this chapter and Chapter 245
1531. of the Revised Code or division rule, from Lake Erie or its 246
tributaries or possess such fish aboard a boat used in commercial 247
fishing when going to or returning from nets or other fishing 248
devices. All such fish caught or taken from a commercial fishing 249
device immediately shall be released with as little injury as 250
possible while the fishing device is being lifted, pulled, or 251
hauled.
No person shall take, buy, sell, barter, give away, 253
deliver, ship, transport, or possess any package, container, or 254
quantity with more than ten per cent by weight of undersized fish 255
or any other species either round or filleted mentioned in this 256
section or division order RULE. The entire quantity of fish 257
containing more than ten per cent by weight of undersized fish 258
shall be confiscated along with its containers. No person shall 259
buy, sell, offer for sale, transport, give away, barter, or 260
possess a fish caught or taken out of season or in any manner 261
prohibited or a fish caught or taken unlawfully from waters in or 262
outside the state. All fish brought into the state from another 263
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state or country shall be subject to the laws of this state. 264
All fish taken or caught from Ohio waters shall be brought 266
into an Ohio port for inspection. No person shall ship, carry, 267
transport, or cause to be transported any fish taken or caught 268
from Ohio waters directly to a point outside the state. 269
Walleye or sauger originating from outside of this state 271
may be possessed for sale, bought, or sold subject to division 273
rule.
No person shall trade, buy, sell, possess, or transport for 275
sale walleye or sauger taken from waters in this state. 276
Each person who holds a permit under section 1533.301 or 278
1533.631 of the Revised Code shall keep accurate written records 279
in the English language of all sales and purchases of freshwater 280
fish. The records shall include the name and address of the 281
buyer and seller, the name of fish, the amount of fish in pounds, 282
and the date of sale or purchase. Records for trout, bullhead, 283
herring, whitefish, sauger, walleye, yellow perch, white bass, 284
sturgeon, and channel catfish shall be kept on forms provided by 285
the chief. In lieu of keeping the written records concerning 286
sales of freshwater fish as required under this section, a permit 288
holder, upon applying to and receiving the approval of the chief,
may keep the sales information required under this section on 290
normal business records, including, but not limited to, receipts 291
and invoices. All records shall be maintained for at least one 292
year and shall be open to inspection to all division of wildlife 293
officers at all reasonable hours. A buyer who purchases fish for 294
his THE BUYER'S own consumption shall not be required to keep 295
records, and persons selling fish for personal consumption shall
not be required to record the names and addresses of persons 296
purchasing the fish. 297
No person shall fail to comply with any provision of this 299
section or division rule adopted pursuant thereto. 300
In addition to other penalties provided in the Revised 302
Code, the license of any person who is convicted of two 303
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violations of this section, other than those relating to ten per 304
cent by weight of undersized fish, that occurred within a 306
twelve-month period, is suspended upon the second such conviction
by operation of law for a period of sixty fishing season days 307
immediately following that conviction. 308
In addition to other penalties provided in the Revised 310
Code, the license of any person who is convicted of three or more 311
violations of this section, other than those relating to ten per 312
cent by weight of undersized fish, that occurred within a 314
twelve-month period is suspended upon the third or subsequent
such conviction by operation of law for a period of eighteen 316
fishing season months immediately following that conviction. 318
In addition to other penalties provided in the Revised 320
Code, the license or permit of any person who is convicted of two 321
violations of this section relating to walleye or sauger is 322
suspended upon the second such conviction by operation of law for 323
a period of twenty days immediately following that conviction. 324
In addition to other penalties provided in the Revised 326
Code, the license or permit of any person who is convicted of 327
three violations of this section relating to walleye or sauger is 328
suspended upon the third such conviction by operation of law for 329
a period of sixty days immediately following that conviction. 330
In addition to other penalties provided in the Revised 332
Code, any person who is convicted of four violations of this 333
section relating to walleye or sauger imported from without the 334
state that occurred within a period of thirty-six months is 336
prohibited upon the fourth such conviction by operation of law
from transporting, buying, selling, or dealing in walleye and 337
sauger for a period of sixty months immediately following that 339
conviction.
In addition to other penalties provided in the Revised 341
Code, the license or permit of any person who is convicted of 342
four violations of this section relating to walleye or sauger, 343
other than walleye or sauger imported from without the state, is 344
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revoked upon the fourth such conviction by operation of law, and 345
the person is permanently barred from obtaining another license 346
or permit of the type revoked. 347
In addition to other penalties provided in the Revised 349
Code, the license of any person who is convicted of three or more 350
violations of this section relating to ten per cent by weight of 351
undersized fish that occurred within a twelve-month period is 353
suspended upon the third or subsequent such conviction by
operation of law for a period of twenty fishing season days 355
immediately following that conviction. 356
During any period of suspension or revocation, no person 358
shall use or engage in fishing with commercial gear owned, used, 359
or controlled at the time of conviction by the licensee whose 360
license or permit has been suspended or revoked. 361
As used in this section, "sale of fish" includes, but is 363
not limited to, fish sold in the round or part thereof and fish 365
sold as part of a meal or service, but does not include canned 366
fish.
For purposes of determining any license or permit 368
suspension or revocation required by this section, multiple 369
convictions resulting from violations of this section that 371
occurred at the same time, on the same day, and at the same 372
location, are deemed to be a single conviction of one violation. 373
Section 2. That existing sections 1531.10, 1533.41, 375
1533.55, and 1533.63 of the Revised Code are hereby repealed. 376