As Passed by the Senate 1
123rd General Assembly 3
Regular Session Sub. S. B. No. 241 4
1999-2000 5
SENATORS GARDNER-SPADA-BLESSING-CARNES-KEARNS-WACHTMANN- 7
HAGAN-LATTA-MUMPER-SCHAFRATH 8
_________________________________________________________________ 10
A B I L L
To amend sections 1531.10, 1533.41, 1533.55, and 12
1533.63 of the Revised Code to authorize the 13
Chief of the Division of Wildlife in the
Department of Natural Resources to adopt 14
commercial fishing rules that are effective for a
period longer than five years, to establish 15
fishing season dates and length limits for 16
certain commercial fish, to continue in effect
commercial fishing rules until amended or 17
rescinded, and to declare an emergency. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 1531.10, 1533.41, 1533.55, and 22
1533.63 of the Revised Code be amended to read as follows: 23
Sec. 1531.10. In accordance with Chapter 119. of the 32
Revised Code, the chief of the division of wildlife shall adopt, 33
and may amend and rescind, rules that are necessary for the 34
administration and enforcement of this chapter and Chapter 1533. 35
of the Revised Code. Each such rule shall be filed with the 36
clerk of the court of common pleas of each county where the rule 37
is effective and shall be given such additional publicity by 38
advertising or otherwise as the chief considers necessary or 39
expedient. As long as a rule of the division of wildlife remains 40
in effect, a copy of it shall be included and printed in any 41
authorized compilation of the division lawbook. All such rules 42
shall be under the seal of the division and shall bear the 43
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signature, or a facsimile thereof, of the chief. 44
Any rule adopted by the chief under this section for the 46
purpose of regulating the taking of commercial fish shall remain 47
in effect for not more than five years after the date of adoption 48
regardless of whether the rule subsequently is amended under this 49
section. 50
Sec. 1533.41. For the Lake Erie fishing district, and in 59
such other waters wherein fishing with nets is licensed by law, 60
there shall be not more than two fishing seasons for residents 61
and nonresidents. Except as otherwise provided by division rule, 63
those seasons are the spring fishing season, beginning on the 64
first day of March MAY and including and closing on the 65
thirty-first day of August, and the fall fishing season, 66
beginning on the first day of September and including and closing 67
on the thirty-first day of December. 68
No person shall draw, set, place, locate, or maintain any 70
fish net whatever except a minnow net in the Lake Erie fishing 71
district, or in any other waters of this state wherein fishing 72
with nets is licensed by law, between the first day of January 73
and the first day of March MAY next following, both dates 75
inclusive, except as otherwise provided by division rule. 76
No person shall draw, set, place, locate, use, maintain, or 78
possess a gill net in this state except as provided in section 79
1533.61 of the Revised Code. 80
In addition to any other penalty provided in the Revised 82
Code, the license or permit of any person who is convicted of a 83
violation relating to drawing, setting, placing, using, 84
maintaining, or possessing a gill net is revoked by operation of 85
law, and the person is permanently barred from obtaining another 86
license or permit of the type revoked. 87
Sec. 1533.55. Except as otherwise provided by division 96
rule, no person shall draw, set, place, locate, or maintain any 97
net, except a seine, within one-fourth of a mile of any reef in 98
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Lake Erie between the first day of March MAY and the tenth day of 100
May, both dates inclusive, and within one-fourth mile of any 101
island or the mainland bordering Lake Erie between the fifteenth 102
day of June and the fifteenth day of September, both dates 103
inclusive. No seine or net of any kind except a minnow net shall 104
be placed, located, pulled, or maintained in Sandusky bay from 105
one hour after sunset on Saturday until one hour before sunrise 106
on the following Monday, or from one hour before sunset on the 107
day before Memorial Day, Independence Day, and Labor Day until 108
one hour before sunrise on the day following Memorial Day, 109
Independence Day, and Labor Day. No seine shall be set, placed, 110
located, or maintained in Sandusky bay and the inland fishing 111
district during the nighttime from one hour after sunset until 112
one hour before sunrise. No person shall place, set, locate, 113
pull, or maintain a seine, except a minnow seine, in the Lake 114
Erie fishing district during the time from one-half hour after 115
sunset until one-half hour before sunrise, except that a licensee 116
may place, set, locate, pull, or maintain a seine other than a 117
minnow seine in any waters of the Lake Erie fishing district 119
other than Sandusky bay at those times, upon prior notification 120
to the chief of the division of wildlife, or his THE CHIEF'S 121
designated agent, during not more than one week per notification.
The notification shall be in writing and shall state the 123
licensee's name and address, date and time of fishing, and 124
location of fishing grounds. 125
No trap net, crib net, fyke net, or other fishing devices, 127
except a seine which has been authorized to be hauled during the 128
nighttime, shall be lifted, pulled, hauled, or set, nor shall 129
fish be removed therefrom, except during the time from one-half 130
hour before sunrise to one-half hour after sunset. Each net or 131
other device set, maintained, placed, pulled, lifted, or hauled 132
in violation of this section constitutes a separate offense. 133
All fish taken from a net or other fishing device, except a 135
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seine that has been authorized to be hauled during the nighttime, 137
shall be brought ashore during the time from one-half hour before 138
sunrise to one-half hour after sunset.
The chief may adopt rules under section 1531.10 of the 140
Revised Code providing that no person shall lay out, pull, lift, 141
draw, set, place, locate, or maintain any net or seine at any 142
other place or places in the Lake Erie fishing district and in 143
other waters wherein fishing with nets or seines is licensed by 144
law wherein such a prohibition is needed for the protection, 145
preservation, or propagation of fish. 146
No person shall leave a commercial fishing device in a 148
slack manner, or torn parts thereof, in the waters of the Lake 149
Erie fishing district for more than five consecutive days. For 150
the purposes of this section, a fishing device is slack when the 151
anchors to various parts of the device are not holding it in the 152
normal extended manner. 153
No person shall set or use a net, trotline, or other 155
fishing device, except a trap net or fyke net, in the Lake Erie 156
fishing district without removing all of the fish therefrom at 157
least once during a period of five consecutive days. A trap or 158
fyke net shall have all of the fish removed from the crib or car 159
at least once during such time. 160
Any net, gill net, or other fishing device set, lifted, 162
pulled, hauled, or used in violation of this chapter or Chapter 163
1531. of the Revised Code or division rule is a public nuisance 164
and each wildlife officer, or other officer with like authority, 165
may seize and safely keep such a fishing device or part thereof, 166
and the illegal results therefrom, for evidence or forfeiture 167
proceedings unless otherwise ordered by the chief. 168
No person shall fail to comply with any provision of this 170
section or division rule adopted pursuant to it. 171
In addition to other penalties provided in the Revised 173
Code, the license of any person who is convicted of two 174
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violations of this section that occurred within a twelve-month 176
period is suspended upon the second such conviction by operation 177
of law for a period of five fishing season days immediately 178
following that conviction.
In addition to other penalties provided in the Revised 180
Code, the license of any person who is convicted of three or more 181
violations of this section that occurred within a twelve-month 183
period is suspended upon the third or subsequent such conviction
by operation of law for a period of twenty fishing season days 185
immediately following that conviction. 186
During any period of suspension, no person shall use or 188
engage in fishing within commercial gear owned, used, or 189
controlled at the time of conviction by the licensee whose 190
license has been suspended. 191
Sec. 1533.63. Except as otherwise provided by division 200
rule, no person shall take, catch, buy, sell, transport, or 202
possess a whitefish less than seventeen inches in length, a 203
sturgeon less than forty-eight inches in length, a catfish less 204
than fifteen FOURTEEN and one-half inches in length, a yellow 205
perch less than eight AND ONE-HALF inches in length, a yellow 206
perch fillet or part fillet of not less than five and 208
three-eighths FIVE-EIGHTHS inches in length, A HEADLESS YELLOW 210
PERCH LESS THAN SIX AND SEVEN-EIGHTHS INCHES IN LENGTH, a white 211
bass or WHITE BASS HYBRID LESS THAN ELEVEN INCHES IN LENGTH, A 212
HEADLESS WHITE BASS OR WHITE BASS HYBRID LESS THAN EIGHT AND 213
THREE-FOURTHS INCHES IN LENGTH, A WHITE BASS OR WHITE BASS HYBRID 214
FILLET OR PART THEREOF LESS THAN SIX AND ONE-HALF INCHES IN 215
LENGTH, A bullhead less than nine inches in length, a cisco less 217
than eleven inches in length, a buffalo fish less than fifteen 218
inches in length, a sucker less than ten inches in length, or a 219
coho less than twenty-five inches in round length or twenty-one 220
and one-half inches when headless. All such fish caught or taken 221
of a weight or length less than that prescribed in this section 222
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or as may be provided by the chief of the division of wildlife 223
immediately shall be released with as little injury as possible 224
while the net, seine, trotline, dip net, or other fishing device 225
is being lifted, pulled, or hauled.
No person shall release such undersized fish or species 227
protected by this chapter and Chapter 1531. of the Revised Code 228
or division rule into a privately owned pond, lake, live car, or 229
other enclosure. No person shall bring ashore, or possess aboard 230
a boat used in commercial fishing when going to or returning from 231
nets or other fishing devices, a fish with its head or tail 232
removed or in such condition that its length, weight, or species 233
cannot be determined. 234
This section does not prohibit the catching, taking, or 236
possession of such undersized fish when caught or taken with hook 237
and line, other than a commercially licensed trotline, but when 238
such fish are so taken, they cannot be bought or sold. 239
No licensed commercial fishermen FISHERS, or person 241
required to have a commercial fishing license under section 242
1533.34 of the Revised Code, shall take walleye, sauger, 243
whitefish, mooneye, cisco, burbot, sturgeon, and blue pike; 244
brook, brown, rainbow, and lake trout; coho, chinook, and kokanne 245
salmon; or other species protected by this chapter and Chapter 246
1531. of the Revised Code or division rule, from Lake Erie or its 247
tributaries or possess such fish aboard a boat used in commercial 248
fishing when going to or returning from nets or other fishing 249
devices. All such fish caught or taken from a commercial fishing 250
device immediately shall be released with as little injury as 251
possible while the fishing device is being lifted, pulled, or 252
hauled.
No person shall take, buy, sell, barter, give away, 254
deliver, ship, transport, or possess any package, container, or 255
quantity with more than ten per cent by weight of undersized fish 256
or any other species either round or filleted mentioned in this 257
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section or division order RULE. The entire quantity of fish 258
containing more than ten per cent by weight of undersized fish 259
shall be confiscated along with its containers. No person shall 260
buy, sell, offer for sale, transport, give away, barter, or 261
possess a fish caught or taken out of season or in any manner 262
prohibited or a fish caught or taken unlawfully from waters in or 263
outside the state. All fish brought into the state from another 264
state or country shall be subject to the laws of this state. 265
All fish taken or caught from Ohio waters shall be brought 267
into an Ohio port for inspection. No person shall ship, carry, 268
transport, or cause to be transported any fish taken or caught 269
from Ohio waters directly to a point outside the state. 270
Walleye or sauger originating from outside of this state 272
may be possessed for sale, bought, or sold subject to division 274
rule.
No person shall trade, buy, sell, possess, or transport for 276
sale walleye or sauger taken from waters in this state. 277
Each person who holds a permit under section 1533.301 or 279
1533.631 of the Revised Code shall keep accurate written records 280
in the English language of all sales and purchases of freshwater 281
fish. The records shall include the name and address of the 282
buyer and seller, the name of fish, the amount of fish in pounds, 283
and the date of sale or purchase. Records for trout, bullhead, 284
herring, whitefish, sauger, walleye, yellow perch, white bass, 285
sturgeon, and channel catfish shall be kept on forms provided by 286
the chief. In lieu of keeping the written records concerning 287
sales of freshwater fish as required under this section, a permit 289
holder, upon applying to and receiving the approval of the chief,
may keep the sales information required under this section on 291
normal business records, including, but not limited to, receipts 292
and invoices. All records shall be maintained for at least one 293
year and shall be open to inspection to all division of wildlife 294
officers at all reasonable hours. A buyer who purchases fish for 295
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his THE BUYER'S own consumption shall not be required to keep 296
records, and persons selling fish for personal consumption shall
not be required to record the names and addresses of persons 297
purchasing the fish. 298
No person shall fail to comply with any provision of this 300
section or division rule adopted pursuant thereto. 301
In addition to other penalties provided in the Revised 303
Code, the license of any person who is convicted of two 304
violations of this section, other than those relating to ten per 305
cent by weight of undersized fish, that occurred within a 307
twelve-month period, is suspended upon the second such conviction
by operation of law for a period of sixty fishing season days 308
immediately following that conviction. 309
In addition to other penalties provided in the Revised 311
Code, the license of any person who is convicted of three or more 312
violations of this section, other than those relating to ten per 313
cent by weight of undersized fish, that occurred within a 315
twelve-month period is suspended upon the third or subsequent
such conviction by operation of law for a period of eighteen 317
fishing season months immediately following that conviction. 319
In addition to other penalties provided in the Revised 321
Code, the license or permit of any person who is convicted of two 322
violations of this section relating to walleye or sauger is 323
suspended upon the second such conviction by operation of law for 324
a period of twenty days immediately following that conviction. 325
In addition to other penalties provided in the Revised 327
Code, the license or permit of any person who is convicted of 328
three violations of this section relating to walleye or sauger is 329
suspended upon the third such conviction by operation of law for 330
a period of sixty days immediately following that conviction. 331
In addition to other penalties provided in the Revised 333
Code, any person who is convicted of four violations of this 334
section relating to walleye or sauger imported from without the 335
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state that occurred within a period of thirty-six months is 337
prohibited upon the fourth such conviction by operation of law
from transporting, buying, selling, or dealing in walleye and 338
sauger for a period of sixty months immediately following that 340
conviction.
In addition to other penalties provided in the Revised 342
Code, the license or permit of any person who is convicted of 343
four violations of this section relating to walleye or sauger, 344
other than walleye or sauger imported from without the state, is 345
revoked upon the fourth such conviction by operation of law, and 346
the person is permanently barred from obtaining another license 347
or permit of the type revoked. 348
In addition to other penalties provided in the Revised 350
Code, the license of any person who is convicted of three or more 351
violations of this section relating to ten per cent by weight of 352
undersized fish that occurred within a twelve-month period is 354
suspended upon the third or subsequent such conviction by
operation of law for a period of twenty fishing season days 356
immediately following that conviction. 357
During any period of suspension or revocation, no person 359
shall use or engage in fishing with commercial gear owned, used, 360
or controlled at the time of conviction by the licensee whose 361
license or permit has been suspended or revoked. 362
As used in this section, "sale of fish" includes, but is 364
not limited to, fish sold in the round or part thereof and fish 366
sold as part of a meal or service, but does not include canned 367
fish.
For purposes of determining any license or permit 369
suspension or revocation required by this section, multiple 370
convictions resulting from violations of this section that 372
occurred at the same time, on the same day, and at the same 373
location, are deemed to be a single conviction of one violation. 374
Section 2. That existing sections 1531.10, 1533.41, 376
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1533.55, and 1533.63 of the Revised Code are hereby repealed. 377
Section 3. The following rules of the Administrative Code, 379
as adopted by the Division of Wildlife in the Department of 380
Natural Resources, are ratified and continue in effect until 381
amended or rescinded by the Division: 1501:31-3-01, 382
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, 383
1501:31-3-10, 1501:31-3-11, 1501:31-3-12, 1501:31-3-13, and 384
1501:31-3-14.
An expiration date stated in any of the aforementioned rules is 386
void.
Section 4. This act is hereby declared to be an emergency 388
measure necessary for the immediate preservation of the public 389
peace, health, and safety. The reason for such necessity is to 390
ensure that fishing rules are in effect in time for the 2000 391
fishing season because the rules are necessary for the proper 392
management of Ohio's fisheries. Therefore, this act shall go
into immediate effect. 393