As Reported by the Senate Energy, Natural Resources 2
and Environment Committee 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 241 6
1999-2000 7
SENATORS GARDNER-SPADA-BLESSING-CARNES-KEARNS-WACHTMANN- 9
HAGAN-LATTA 10
_________________________________________________________________ 12
A B I L L
To amend sections 1531.10, 1533.41, 1533.55, and 14
1533.63 of the Revised Code to authorize the 15
Chief of the Division of Wildlife in the
Department of Natural Resources to adopt 16
commercial fishing rules that are effective for a
period longer than five years, to establish 17
fishing season dates and length limits for 18
certain commercial fish, to continue in effect
commercial fishing rules until amended or 19
rescinded, and to declare an emergency. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 1531.10, 1533.41, 1533.55, and 24
1533.63 of the Revised Code be amended to read as follows: 25
Sec. 1531.10. In accordance with Chapter 119. of the 34
Revised Code, the chief of the division of wildlife shall adopt, 35
and may amend and rescind, rules that are necessary for the 36
administration and enforcement of this chapter and Chapter 1533. 37
of the Revised Code. Each such rule shall be filed with the 38
clerk of the court of common pleas of each county where the rule 39
is effective and shall be given such additional publicity by 40
advertising or otherwise as the chief considers necessary or 41
expedient. As long as a rule of the division of wildlife remains 42
in effect, a copy of it shall be included and printed in any 43
authorized compilation of the division lawbook. All such rules 44
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shall be under the seal of the division and shall bear the 45
signature, or a facsimile thereof, of the chief. 46
Any rule adopted by the chief under this section for the 48
purpose of regulating the taking of commercial fish shall remain 49
in effect for not more than five years after the date of adoption 50
regardless of whether the rule subsequently is amended under this 51
section. 52
Sec. 1533.41. For the Lake Erie fishing district, and in 61
such other waters wherein fishing with nets is licensed by law, 62
there shall be not more than two fishing seasons for residents 63
and nonresidents. Except as otherwise provided by division rule, 65
those seasons are the spring fishing season, beginning on the 66
first day of March MAY and including and closing on the 67
thirty-first day of August, and the fall fishing season, 68
beginning on the first day of September and including and closing 69
on the thirty-first day of December. 70
No person shall draw, set, place, locate, or maintain any 72
fish net whatever except a minnow net in the Lake Erie fishing 73
district, or in any other waters of this state wherein fishing 74
with nets is licensed by law, between the first day of January 75
and the first day of March MAY next following, both dates 77
inclusive, except as otherwise provided by division rule. 78
No person shall draw, set, place, locate, use, maintain, or 80
possess a gill net in this state except as provided in section 81
1533.61 of the Revised Code. 82
In addition to any other penalty provided in the Revised 84
Code, the license or permit of any person who is convicted of a 85
violation relating to drawing, setting, placing, using, 86
maintaining, or possessing a gill net is revoked by operation of 87
law, and the person is permanently barred from obtaining another 88
license or permit of the type revoked. 89
Sec. 1533.55. Except as otherwise provided by division 98
rule, no person shall draw, set, place, locate, or maintain any 99
net, except a seine, within one-fourth of a mile of any reef in 100
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Lake Erie between the first day of March MAY and the tenth day of 102
May, both dates inclusive, and within one-fourth mile of any 103
island or the mainland bordering Lake Erie between the fifteenth 104
day of June and the fifteenth day of September, both dates 105
inclusive. No seine or net of any kind except a minnow net shall 106
be placed, located, pulled, or maintained in Sandusky bay from 107
one hour after sunset on Saturday until one hour before sunrise 108
on the following Monday, or from one hour before sunset on the 109
day before Memorial Day, Independence Day, and Labor Day until 110
one hour before sunrise on the day following Memorial Day, 111
Independence Day, and Labor Day. No seine shall be set, placed, 112
located, or maintained in Sandusky bay and the inland fishing 113
district during the nighttime from one hour after sunset until 114
one hour before sunrise. No person shall place, set, locate, 115
pull, or maintain a seine, except a minnow seine, in the Lake 116
Erie fishing district during the time from one-half hour after 117
sunset until one-half hour before sunrise, except that a licensee 118
may place, set, locate, pull, or maintain a seine other than a 119
minnow seine in any waters of the Lake Erie fishing district 121
other than Sandusky bay at those times, upon prior notification 122
to the chief of the division of wildlife, or his THE CHIEF'S 123
designated agent, during not more than one week per notification.
The notification shall be in writing and shall state the 125
licensee's name and address, date and time of fishing, and 126
location of fishing grounds. 127
No trap net, crib net, fyke net, or other fishing devices, 129
except a seine which has been authorized to be hauled during the 130
nighttime, shall be lifted, pulled, hauled, or set, nor shall 131
fish be removed therefrom, except during the time from one-half 132
hour before sunrise to one-half hour after sunset. Each net or 133
other device set, maintained, placed, pulled, lifted, or hauled 134
in violation of this section constitutes a separate offense. 135
All fish taken from a net or other fishing device, except a 137
seine that has been authorized to be hauled during the nighttime, 139
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shall be brought ashore during the time from one-half hour before 140
sunrise to one-half hour after sunset.
The chief may adopt rules under section 1531.10 of the 142
Revised Code providing that no person shall lay out, pull, lift, 143
draw, set, place, locate, or maintain any net or seine at any 144
other place or places in the Lake Erie fishing district and in 145
other waters wherein fishing with nets or seines is licensed by 146
law wherein such a prohibition is needed for the protection, 147
preservation, or propagation of fish. 148
No person shall leave a commercial fishing device in a 150
slack manner, or torn parts thereof, in the waters of the Lake 151
Erie fishing district for more than five consecutive days. For 152
the purposes of this section, a fishing device is slack when the 153
anchors to various parts of the device are not holding it in the 154
normal extended manner. 155
No person shall set or use a net, trotline, or other 157
fishing device, except a trap net or fyke net, in the Lake Erie 158
fishing district without removing all of the fish therefrom at 159
least once during a period of five consecutive days. A trap or 160
fyke net shall have all of the fish removed from the crib or car 161
at least once during such time. 162
Any net, gill net, or other fishing device set, lifted, 164
pulled, hauled, or used in violation of this chapter or Chapter 165
1531. of the Revised Code or division rule is a public nuisance 166
and each wildlife officer, or other officer with like authority, 167
may seize and safely keep such a fishing device or part thereof, 168
and the illegal results therefrom, for evidence or forfeiture 169
proceedings unless otherwise ordered by the chief. 170
No person shall fail to comply with any provision of this 172
section or division rule adopted pursuant to it. 173
In addition to other penalties provided in the Revised 175
Code, the license of any person who is convicted of two 176
violations of this section that occurred within a twelve-month 178
period is suspended upon the second such conviction by operation 179
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of law for a period of five fishing season days immediately 180
following that conviction.
In addition to other penalties provided in the Revised 182
Code, the license of any person who is convicted of three or more 183
violations of this section that occurred within a twelve-month 185
period is suspended upon the third or subsequent such conviction
by operation of law for a period of twenty fishing season days 187
immediately following that conviction. 188
During any period of suspension, no person shall use or 190
engage in fishing within commercial gear owned, used, or 191
controlled at the time of conviction by the licensee whose 192
license has been suspended. 193
Sec. 1533.63. Except as otherwise provided by division 202
rule, no person shall take, catch, buy, sell, transport, or 204
possess a whitefish less than seventeen inches in length, a 205
sturgeon less than forty-eight inches in length, a catfish less 206
than fifteen FOURTEEN and one-half inches in length, a yellow 207
perch less than eight AND ONE-HALF inches in length, a yellow 208
perch fillet or part fillet of not less than five and 210
three-eighths FIVE-EIGHTHS inches in length, A HEADLESS YELLOW 212
PERCH LESS THAN SIX AND SEVEN-EIGHTHS INCHES IN LENGTH, a white 213
bass or WHITE BASS HYBRID LESS THAN ELEVEN INCHES IN LENGTH, A 214
HEADLESS WHITE BASS OR WHITE BASS HYBRID LESS THAN EIGHT AND 215
THREE-FOURTHS INCHES IN LENGTH, A WHITE BASS OR WHITE BASS HYBRID 216
FILLET OR PART THEREOF LESS THAN SIX AND ONE-HALF INCHES IN 217
LENGTH, A bullhead less than nine inches in length, a cisco less 219
than eleven inches in length, a buffalo fish less than fifteen 220
inches in length, a sucker less than ten inches in length, or a 221
coho less than twenty-five inches in round length or twenty-one 222
and one-half inches when headless. All such fish caught or taken 223
of a weight or length less than that prescribed in this section 224
or as may be provided by the chief of the division of wildlife 225
immediately shall be released with as little injury as possible 226
while the net, seine, trotline, dip net, or other fishing device 227
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is being lifted, pulled, or hauled.
No person shall release such undersized fish or species 229
protected by this chapter and Chapter 1531. of the Revised Code 230
or division rule into a privately owned pond, lake, live car, or 231
other enclosure. No person shall bring ashore, or possess aboard 232
a boat used in commercial fishing when going to or returning from 233
nets or other fishing devices, a fish with its head or tail 234
removed or in such condition that its length, weight, or species 235
cannot be determined. 236
This section does not prohibit the catching, taking, or 238
possession of such undersized fish when caught or taken with hook 239
and line, other than a commercially licensed trotline, but when 240
such fish are so taken, they cannot be bought or sold. 241
No licensed commercial fishermen FISHERS, or person 243
required to have a commercial fishing license under section 244
1533.34 of the Revised Code, shall take walleye, sauger, 245
whitefish, mooneye, cisco, burbot, sturgeon, and blue pike; 246
brook, brown, rainbow, and lake trout; coho, chinook, and kokanne 247
salmon; or other species protected by this chapter and Chapter 248
1531. of the Revised Code or division rule, from Lake Erie or its 249
tributaries or possess such fish aboard a boat used in commercial 250
fishing when going to or returning from nets or other fishing 251
devices. All such fish caught or taken from a commercial fishing 252
device immediately shall be released with as little injury as 253
possible while the fishing device is being lifted, pulled, or 254
hauled.
No person shall take, buy, sell, barter, give away, 256
deliver, ship, transport, or possess any package, container, or 257
quantity with more than ten per cent by weight of undersized fish 258
or any other species either round or filleted mentioned in this 259
section or division order RULE. The entire quantity of fish 260
containing more than ten per cent by weight of undersized fish 261
shall be confiscated along with its containers. No person shall 262
buy, sell, offer for sale, transport, give away, barter, or 263
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possess a fish caught or taken out of season or in any manner 264
prohibited or a fish caught or taken unlawfully from waters in or 265
outside the state. All fish brought into the state from another 266
state or country shall be subject to the laws of this state. 267
All fish taken or caught from Ohio waters shall be brought 269
into an Ohio port for inspection. No person shall ship, carry, 270
transport, or cause to be transported any fish taken or caught 271
from Ohio waters directly to a point outside the state. 272
Walleye or sauger originating from outside of this state 274
may be possessed for sale, bought, or sold subject to division 276
rule.
No person shall trade, buy, sell, possess, or transport for 278
sale walleye or sauger taken from waters in this state. 279
Each person who holds a permit under section 1533.301 or 281
1533.631 of the Revised Code shall keep accurate written records 282
in the English language of all sales and purchases of freshwater 283
fish. The records shall include the name and address of the 284
buyer and seller, the name of fish, the amount of fish in pounds, 285
and the date of sale or purchase. Records for trout, bullhead, 286
herring, whitefish, sauger, walleye, yellow perch, white bass, 287
sturgeon, and channel catfish shall be kept on forms provided by 288
the chief. In lieu of keeping the written records concerning 289
sales of freshwater fish as required under this section, a permit 291
holder, upon applying to and receiving the approval of the chief,
may keep the sales information required under this section on 293
normal business records, including, but not limited to, receipts 294
and invoices. All records shall be maintained for at least one 295
year and shall be open to inspection to all division of wildlife 296
officers at all reasonable hours. A buyer who purchases fish for 297
his THE BUYER'S own consumption shall not be required to keep 298
records, and persons selling fish for personal consumption shall
not be required to record the names and addresses of persons 299
purchasing the fish. 300
No person shall fail to comply with any provision of this 302
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section or division rule adopted pursuant thereto. 303
In addition to other penalties provided in the Revised 305
Code, the license of any person who is convicted of two 306
violations of this section, other than those relating to ten per 307
cent by weight of undersized fish, that occurred within a 309
twelve-month period, is suspended upon the second such conviction
by operation of law for a period of sixty fishing season days 310
immediately following that conviction. 311
In addition to other penalties provided in the Revised 313
Code, the license of any person who is convicted of three or more 314
violations of this section, other than those relating to ten per 315
cent by weight of undersized fish, that occurred within a 317
twelve-month period is suspended upon the third or subsequent
such conviction by operation of law for a period of eighteen 319
fishing season months immediately following that conviction. 321
In addition to other penalties provided in the Revised 323
Code, the license or permit of any person who is convicted of two 324
violations of this section relating to walleye or sauger is 325
suspended upon the second such conviction by operation of law for 326
a period of twenty days immediately following that conviction. 327
In addition to other penalties provided in the Revised 329
Code, the license or permit of any person who is convicted of 330
three violations of this section relating to walleye or sauger is 331
suspended upon the third such conviction by operation of law for 332
a period of sixty days immediately following that conviction. 333
In addition to other penalties provided in the Revised 335
Code, any person who is convicted of four violations of this 336
section relating to walleye or sauger imported from without the 337
state that occurred within a period of thirty-six months is 339
prohibited upon the fourth such conviction by operation of law
from transporting, buying, selling, or dealing in walleye and 340
sauger for a period of sixty months immediately following that 342
conviction.
In addition to other penalties provided in the Revised 344
9
Code, the license or permit of any person who is convicted of 345
four violations of this section relating to walleye or sauger, 346
other than walleye or sauger imported from without the state, is 347
revoked upon the fourth such conviction by operation of law, and 348
the person is permanently barred from obtaining another license 349
or permit of the type revoked. 350
In addition to other penalties provided in the Revised 352
Code, the license of any person who is convicted of three or more 353
violations of this section relating to ten per cent by weight of 354
undersized fish that occurred within a twelve-month period is 356
suspended upon the third or subsequent such conviction by
operation of law for a period of twenty fishing season days 358
immediately following that conviction. 359
During any period of suspension or revocation, no person 361
shall use or engage in fishing with commercial gear owned, used, 362
or controlled at the time of conviction by the licensee whose 363
license or permit has been suspended or revoked. 364
As used in this section, "sale of fish" includes, but is 366
not limited to, fish sold in the round or part thereof and fish 368
sold as part of a meal or service, but does not include canned 369
fish.
For purposes of determining any license or permit 371
suspension or revocation required by this section, multiple 372
convictions resulting from violations of this section that 374
occurred at the same time, on the same day, and at the same 375
location, are deemed to be a single conviction of one violation. 376
Section 2. That existing sections 1531.10, 1533.41, 378
1533.55, and 1533.63 of the Revised Code are hereby repealed. 379
Section 3. The following rules of the Administrative Code, 381
as adopted by the Division of Wildlife in the Department of 382
Natural Resources, are ratified and continue in effect until 383
amended or rescinded by the Division: 1501:31-3-01, 384
1501:31-3-02, 1501:31-3-03, 1501:31-3-04, 1501:31-3-05,
1501:31-3-06, 1501:31-3-07, 1501:31-3-08, 1501:31-3-09, 385
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1501:31-3-10, 1501:31-3-11, 1501:31-3-12, 1501:31-3-13, and 386
1501:31-3-14.
An expiration date stated in any of the aforementioned rules is 388
void.
Section 4. This act is hereby declared to be an emergency 390
measure necessary for the immediate preservation of the public 391
peace, health, and safety. The reason for such necessity is to 392
ensure that fishing rules are in effect in time for the 2000 393
fishing season because the rules are necessary for the proper 394
management of Ohio's fisheries. Therefore, this act shall go
into immediate effect. 395