As Reported by House Agriculture and Natural Resources Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 241 5
1999-2000 6
SENATORS GARDNER-SPADA-BLESSING-CARNES-KEARNS-WACHTMANN- 8
HAGAN-LATTA-MUMPER-SCHAFRATH 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, to establish 16
fishing season dates and length limits for 17
certain commercial fish, to continue in effect
commercial fishing rules until amended or 18
rescinded, and to declare an emergency. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 1531.10, 1533.41, 1533.55, and 23
1533.63 of the Revised Code be amended to read as follows: 24
Sec. 1531.10. In accordance with Chapter 119. of the 33
Revised Code, the chief of the division of wildlife shall adopt, 34
and may amend and rescind, rules that are necessary for the 35
administration and enforcement of this chapter and Chapter 1533. 36
of the Revised Code. Each such rule shall be filed with the 37
clerk of the court of common pleas of each county where the rule 38
is effective and shall be given such additional publicity by 39
advertising or otherwise as the chief considers necessary or 40
expedient. As long as a rule of the division of wildlife remains 41
in effect, a copy of it shall be included and printed in any 42
authorized compilation of the division lawbook. All such rules 43
shall be under the seal of the division and shall bear the 44
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signature, or a facsimile thereof, of the chief. 45
Any rule adopted by the chief under this section for the 47
purpose of regulating the taking of commercial fish shall remain 48
in effect for not more than five years after the date of adoption 49
regardless of whether the rule subsequently is amended under this 50
section. 51
Sec. 1533.41. For the Lake Erie fishing district, and in 60
such other waters wherein fishing with nets is licensed by law, 61
there shall be not more than two fishing seasons for residents 62
and nonresidents. Except as otherwise provided by division rule, 64
those seasons are the spring fishing season, beginning on the 65
first day of March MAY and including and closing on the 66
thirty-first day of August, and the fall fishing season, 67
beginning on the first day of September and including and closing 68
on the thirty-first day of December. 69
No person shall draw, set, place, locate, or maintain any 71
fish net whatever except a minnow net in the Lake Erie fishing 72
district, or in any other waters of this state wherein fishing 73
with nets is licensed by law, between the first day of January 74
and the first day of March MAY next following, both dates 76
inclusive, except as otherwise provided by division rule. 77
No person shall draw, set, place, locate, use, maintain, or 79
possess a gill net in this state except as provided in section 80
1533.61 of the Revised Code. 81
In addition to any other penalty provided in the Revised 83
Code, the license or permit of any person who is convicted of a 84
violation relating to drawing, setting, placing, using, 85
maintaining, or possessing a gill net is revoked by operation of 86
law, and the person is permanently barred from obtaining another 87
license or permit of the type revoked. 88
Sec. 1533.55. Except as otherwise provided by division 97
rule, no person shall draw, set, place, locate, or maintain any 98
net, except a seine, within one-fourth of a mile of any reef in 99
Lake Erie between the first day of March MAY and the tenth day of 101
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May, both dates inclusive, and within one-fourth mile of any 102
island or the mainland bordering Lake Erie between the fifteenth 103
day of June and the fifteenth day of September, both dates 104
inclusive. No seine or net of any kind except a minnow net shall 105
be placed, located, pulled, or maintained in Sandusky bay from 106
one hour after sunset on Saturday until one hour before sunrise 107
on the following Monday, or from one hour before sunset on the 108
day before Memorial Day, Independence Day, and Labor Day until 109
one hour before sunrise on the day following Memorial Day, 110
Independence Day, and Labor Day. No seine shall be set, placed, 111
located, or maintained in Sandusky bay and the inland fishing 112
district during the nighttime from one hour after sunset until 113
one hour before sunrise. No person shall place, set, locate, 114
pull, or maintain a seine, except a minnow seine, in the Lake 115
Erie fishing district during the time from one-half hour after 116
sunset until one-half hour before sunrise, except that a licensee 117
may place, set, locate, pull, or maintain a seine other than a 118
minnow seine in any waters of the Lake Erie fishing district 120
other than Sandusky bay at those times, upon prior notification 121
to the chief of the division of wildlife, or his THE CHIEF'S 122
designated agent, during not more than one week per notification.
The notification shall be in writing and shall state the 124
licensee's name and address, date and time of fishing, and 125
location of fishing grounds. 126
No trap net, crib net, fyke net, or other fishing devices, 128
except a seine which has been authorized to be hauled during the 129
nighttime, shall be lifted, pulled, hauled, or set, nor shall 130
fish be removed therefrom, except during the time from one-half 131
hour before sunrise to one-half hour after sunset. Each net or 132
other device set, maintained, placed, pulled, lifted, or hauled 133
in violation of this section constitutes a separate offense. 134
All fish taken from a net or other fishing device, except a 136
seine that has been authorized to be hauled during the nighttime, 138
shall be brought ashore during the time from one-half hour before 139
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sunrise to one-half hour after sunset.
The chief may adopt rules under section 1531.10 of the 141
Revised Code providing that no person shall lay out, pull, lift, 142
draw, set, place, locate, or maintain any net or seine at any 143
other place or places in the Lake Erie fishing district and in 144
other waters wherein fishing with nets or seines is licensed by 145
law wherein such a prohibition is needed for the protection, 146
preservation, or propagation of fish. 147
No person shall leave a commercial fishing device in a 149
slack manner, or torn parts thereof, in the waters of the Lake 150
Erie fishing district for more than five consecutive days. For 151
the purposes of this section, a fishing device is slack when the 152
anchors to various parts of the device are not holding it in the 153
normal extended manner. 154
No person shall set or use a net, trotline, or other 156
fishing device, except a trap net or fyke net, in the Lake Erie 157
fishing district without removing all of the fish therefrom at 158
least once during a period of five consecutive days. A trap or 159
fyke net shall have all of the fish removed from the crib or car 160
at least once during such time. 161
Any net, gill net, or other fishing device set, lifted, 163
pulled, hauled, or used in violation of this chapter or Chapter 164
1531. of the Revised Code or division rule is a public nuisance 165
and each wildlife officer, or other officer with like authority, 166
may seize and safely keep such a fishing device or part thereof, 167
and the illegal results therefrom, for evidence or forfeiture 168
proceedings unless otherwise ordered by the chief. 169
No person shall fail to comply with any provision of this 171
section or division rule adopted pursuant to it. 172
In addition to other penalties provided in the Revised 174
Code, the license of any person who is convicted of two 175
violations of this section that occurred within a twelve-month 177
period is suspended upon the second such conviction by operation 178
of law for a period of five fishing season days immediately 179
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following that conviction.
In addition to other penalties provided in the Revised 181
Code, the license of any person who is convicted of three or more 182
violations of this section that occurred within a twelve-month 184
period is suspended upon the third or subsequent such conviction
by operation of law for a period of twenty fishing season days 186
immediately following that conviction. 187
During any period of suspension, no person shall use or 189
engage in fishing within commercial gear owned, used, or 190
controlled at the time of conviction by the licensee whose 191
license has been suspended. 192
Sec. 1533.63. Except as otherwise provided by division 201
rule, no person shall take, catch, buy, sell, transport, or 203
possess a whitefish less than seventeen inches in length, a 204
sturgeon less than forty-eight inches in length, a catfish less 205
than fifteen FOURTEEN and one-half inches in length, a yellow 206
perch less than eight AND ONE-HALF inches in length, a yellow 207
perch fillet or part fillet of not less than five and 209
three-eighths FIVE-EIGHTHS inches in length, A HEADLESS YELLOW 211
PERCH LESS THAN SIX AND SEVEN-EIGHTHS INCHES IN LENGTH, a white 212
bass or WHITE BASS HYBRID LESS THAN ELEVEN INCHES IN LENGTH, A 213
HEADLESS WHITE BASS OR WHITE BASS HYBRID LESS THAN EIGHT AND 214
THREE-FOURTHS INCHES IN LENGTH, A WHITE BASS OR WHITE BASS HYBRID 215
FILLET OR PART THEREOF LESS THAN SIX AND ONE-HALF INCHES IN 216
LENGTH, A bullhead less than nine inches in length, a cisco less 218
than eleven inches in length, a buffalo fish less than fifteen 219
inches in length, a sucker less than ten inches in length, or a 220
coho less than twenty-five inches in round length or twenty-one 221
and one-half inches when headless. All such fish caught or taken 222
of a weight or length less than that prescribed in this section 223
or as may be provided by the chief of the division of wildlife 224
immediately shall be released with as little injury as possible 225
while the net, seine, trotline, dip net, or other fishing device 226
is being lifted, pulled, or hauled.
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No person shall release such undersized fish or species 228
protected by this chapter and Chapter 1531. of the Revised Code 229
or division rule into a privately owned pond, lake, live car, or 230
other enclosure. No person shall bring ashore, or possess aboard 231
a boat used in commercial fishing when going to or returning from 232
nets or other fishing devices, a fish with its head or tail 233
removed or in such condition that its length, weight, or species 234
cannot be determined. 235
This section does not prohibit the catching, taking, or 237
possession of such undersized fish when caught or taken with hook 238
and line, other than a commercially licensed trotline, but when 239
such fish are so taken, they cannot be bought or sold. 240
No licensed commercial fishermen FISHERS, or person 242
required to have a commercial fishing license under section 243
1533.34 of the Revised Code, shall take walleye, sauger, 244
whitefish, mooneye, cisco, burbot, sturgeon, and blue pike; 245
brook, brown, rainbow, and lake trout; coho, chinook, and kokanne 246
salmon; or other species protected by this chapter and Chapter 247
1531. of the Revised Code or division rule, from Lake Erie or its 248
tributaries or possess such fish aboard a boat used in commercial 249
fishing when going to or returning from nets or other fishing 250
devices. All such fish caught or taken from a commercial fishing 251
device immediately shall be released with as little injury as 252
possible while the fishing device is being lifted, pulled, or 253
hauled.
No person shall take, buy, sell, barter, give away, 255
deliver, ship, transport, or possess any package, container, or 256
quantity with more than ten per cent by weight of undersized fish 257
or any other species either round or filleted mentioned in this 258
section or division order RULE. The entire quantity of fish 259
containing more than ten per cent by weight of undersized fish 260
shall be confiscated along with its containers. No person shall 261
buy, sell, offer for sale, transport, give away, barter, or 262
possess a fish caught or taken out of season or in any manner 263
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prohibited or a fish caught or taken unlawfully from waters in or 264
outside the state. All fish brought into the state from another 265
state or country shall be subject to the laws of this state. 266
All fish taken or caught from Ohio waters shall be brought 268
into an Ohio port for inspection. No person shall ship, carry, 269
transport, or cause to be transported any fish taken or caught 270
from Ohio waters directly to a point outside the state. 271
Walleye or sauger originating from outside of this state 273
may be possessed for sale, bought, or sold subject to division 275
rule.
No person shall trade, buy, sell, possess, or transport for 277
sale walleye or sauger taken from waters in this state. 278
Each person who holds a permit under section 1533.301 or 280
1533.631 of the Revised Code shall keep accurate written records 281
in the English language of all sales and purchases of freshwater 282
fish. The records shall include the name and address of the 283
buyer and seller, the name of fish, the amount of fish in pounds, 284
and the date of sale or purchase. Records for trout, bullhead, 285
herring, whitefish, sauger, walleye, yellow perch, white bass, 286
sturgeon, and channel catfish shall be kept on forms provided by 287
the chief. In lieu of keeping the written records concerning 288
sales of freshwater fish as required under this section, a permit 290
holder, upon applying to and receiving the approval of the chief,
may keep the sales information required under this section on 292
normal business records, including, but not limited to, receipts 293
and invoices. All records shall be maintained for at least one 294
year and shall be open to inspection to all division of wildlife 295
officers at all reasonable hours. A buyer who purchases fish for 296
his THE BUYER'S own consumption shall not be required to keep 297
records, and persons selling fish for personal consumption shall
not be required to record the names and addresses of persons 298
purchasing the fish. 299
No person shall fail to comply with any provision of this 301
section or division rule adopted pursuant thereto. 302
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In addition to other penalties provided in the Revised 304
Code, the license of any person who is convicted of two 305
violations of this section, other than those relating to ten per 306
cent by weight of undersized fish, that occurred within a 308
twelve-month period, is suspended upon the second such conviction
by operation of law for a period of sixty fishing season days 309
immediately following that conviction. 310
In addition to other penalties provided in the Revised 312
Code, the license of any person who is convicted of three or more 313
violations of this section, other than those relating to ten per 314
cent by weight of undersized fish, that occurred within a 316
twelve-month period is suspended upon the third or subsequent
such conviction by operation of law for a period of eighteen 318
fishing season months immediately following that conviction. 320
In addition to other penalties provided in the Revised 322
Code, the license or permit of any person who is convicted of two 323
violations of this section relating to walleye or sauger is 324
suspended upon the second such conviction by operation of law for 325
a period of twenty days immediately following that conviction. 326
In addition to other penalties provided in the Revised 328
Code, the license or permit of any person who is convicted of 329
three violations of this section relating to walleye or sauger is 330
suspended upon the third such conviction by operation of law for 331
a period of sixty days immediately following that conviction. 332
In addition to other penalties provided in the Revised 334
Code, any person who is convicted of four violations of this 335
section relating to walleye or sauger imported from without the 336
state that occurred within a period of thirty-six months is 338
prohibited upon the fourth such conviction by operation of law
from transporting, buying, selling, or dealing in walleye and 339
sauger for a period of sixty months immediately following that 341
conviction.
In addition to other penalties provided in the Revised 343
Code, the license or permit of any person who is convicted of 344
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four violations of this section relating to walleye or sauger, 345
other than walleye or sauger imported from without the state, is 346
revoked upon the fourth such conviction by operation of law, and 347
the person is permanently barred from obtaining another license 348
or permit of the type revoked. 349
In addition to other penalties provided in the Revised 351
Code, the license of any person who is convicted of three or more 352
violations of this section relating to ten per cent by weight of 353
undersized fish that occurred within a twelve-month period is 355
suspended upon the third or subsequent such conviction by
operation of law for a period of twenty fishing season days 357
immediately following that conviction. 358
During any period of suspension or revocation, no person 360
shall use or engage in fishing with commercial gear owned, used, 361
or controlled at the time of conviction by the licensee whose 362
license or permit has been suspended or revoked. 363
As used in this section, "sale of fish" includes, but is 365
not limited to, fish sold in the round or part thereof and fish 367
sold as part of a meal or service, but does not include canned 368
fish.
For purposes of determining any license or permit 370
suspension or revocation required by this section, multiple 371
convictions resulting from violations of this section that 373
occurred at the same time, on the same day, and at the same 374
location, are deemed to be a single conviction of one violation. 375
Section 2. That existing sections 1531.10, 1533.41, 377
1533.55, and 1533.63 of the Revised Code are hereby repealed. 378
Section 3. The following rules of the Administrative Code, 380
as adopted by the Division of Wildlife in the Department of 381
Natural Resources, are ratified and continue in effect until 382
amended or rescinded by the Division: 1501:31-3-01, 383
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, 384
1501:31-3-10, 1501:31-3-11, 1501:31-3-12, 1501:31-3-13, and 385
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1501:31-3-14.
An expiration date stated in any of the aforementioned rules is 387
void.
Section 4. This act is hereby declared to be an emergency 389
measure necessary for the immediate preservation of the public 390
peace, health, and safety. The reason for such necessity is to 391
ensure that fishing rules are in effect in time for the 2000 392
fishing season because the rules are necessary for the proper 393
management of Ohio's fisheries. Therefore, this act shall go
into immediate effect. 394