As Passed by the House 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-REPRESENTATIVES BUEHRER- 9
BRADING-DISTEL-ROMAN-GRENDELL-GOODMAN-TAYLOR-PETERSON- 10
CALLENDER-PERRY-AMSTUTZ-J. BEATTY-O'BRIEN-VERICH-VESPER- 11
STEVENS-SALERNO-WIDENER-GARDNER-HOOPS 12
_________________________________________________________________ 13
A B I L L
To amend sections 1531.10, 1533.41, 1533.55, and 15
1533.63 of the Revised Code to authorize the 16
Chief of the Division of Wildlife in the
Department of Natural Resources to adopt 17
commercial fishing rules that are effective for a
period longer than five years, to establish 18
fishing season dates and length limits for 19
certain commercial fish, to continue in effect
commercial fishing rules until amended or 20
rescinded, and to declare an emergency. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 1531.10, 1533.41, 1533.55, and 25
1533.63 of the Revised Code be amended to read as follows: 26
Sec. 1531.10. In accordance with Chapter 119. of the 35
Revised Code, the chief of the division of wildlife shall adopt, 36
and may amend and rescind, rules that are necessary for the 37
administration and enforcement of this chapter and Chapter 1533. 38
of the Revised Code. Each such rule shall be filed with the 39
clerk of the court of common pleas of each county where the rule 40
is effective and shall be given such additional publicity by 41
advertising or otherwise as the chief considers necessary or 42
expedient. As long as a rule of the division of wildlife remains 43
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in effect, a copy of it shall be included and printed in any 44
authorized compilation of the division lawbook. All such rules 45
shall be under the seal of the division and shall bear the 46
signature, or a facsimile thereof, of the chief. 47
Any rule adopted by the chief under this section for the 49
purpose of regulating the taking of commercial fish shall remain 50
in effect for not more than five years after the date of adoption 51
regardless of whether the rule subsequently is amended under this 52
section. 53
Sec. 1533.41. For the Lake Erie fishing district, and in 62
such other waters wherein fishing with nets is licensed by law, 63
there shall be not more than two fishing seasons for residents 64
and nonresidents. Except as otherwise provided by division rule, 66
those seasons are the spring fishing season, beginning on the 67
first day of March MAY and including and closing on the 68
thirty-first day of August, and the fall fishing season, 69
beginning on the first day of September and including and closing 70
on the thirty-first day of December. 71
No person shall draw, set, place, locate, or maintain any 73
fish net whatever except a minnow net in the Lake Erie fishing 74
district, or in any other waters of this state wherein fishing 75
with nets is licensed by law, between the first day of January 76
and the first day of March MAY next following, both dates 78
inclusive, except as otherwise provided by division rule. 79
No person shall draw, set, place, locate, use, maintain, or 81
possess a gill net in this state except as provided in section 82
1533.61 of the Revised Code. 83
In addition to any other penalty provided in the Revised 85
Code, the license or permit of any person who is convicted of a 86
violation relating to drawing, setting, placing, using, 87
maintaining, or possessing a gill net is revoked by operation of 88
law, and the person is permanently barred from obtaining another 89
license or permit of the type revoked. 90
Sec. 1533.55. Except as otherwise provided by division 99
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rule, no person shall draw, set, place, locate, or maintain any 100
net, except a seine, within one-fourth of a mile of any reef in 101
Lake Erie between the first day of March MAY and the tenth day of 103
May, both dates inclusive, and within one-fourth mile of any 104
island or the mainland bordering Lake Erie between the fifteenth 105
day of June and the fifteenth day of September, both dates 106
inclusive. No seine or net of any kind except a minnow net shall 107
be placed, located, pulled, or maintained in Sandusky bay from 108
one hour after sunset on Saturday until one hour before sunrise 109
on the following Monday, or from one hour before sunset on the 110
day before Memorial Day, Independence Day, and Labor Day until 111
one hour before sunrise on the day following Memorial Day, 112
Independence Day, and Labor Day. No seine shall be set, placed, 113
located, or maintained in Sandusky bay and the inland fishing 114
district during the nighttime from one hour after sunset until 115
one hour before sunrise. No person shall place, set, locate, 116
pull, or maintain a seine, except a minnow seine, in the Lake 117
Erie fishing district during the time from one-half hour after 118
sunset until one-half hour before sunrise, except that a licensee 119
may place, set, locate, pull, or maintain a seine other than a 120
minnow seine in any waters of the Lake Erie fishing district 122
other than Sandusky bay at those times, upon prior notification 123
to the chief of the division of wildlife, or his THE CHIEF'S 124
designated agent, during not more than one week per notification.
The notification shall be in writing and shall state the 126
licensee's name and address, date and time of fishing, and 127
location of fishing grounds. 128
No trap net, crib net, fyke net, or other fishing devices, 130
except a seine which has been authorized to be hauled during the 131
nighttime, shall be lifted, pulled, hauled, or set, nor shall 132
fish be removed therefrom, except during the time from one-half 133
hour before sunrise to one-half hour after sunset. Each net or 134
other device set, maintained, placed, pulled, lifted, or hauled 135
in violation of this section constitutes a separate offense. 136
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All fish taken from a net or other fishing device, except a 138
seine that has been authorized to be hauled during the nighttime, 140
shall be brought ashore during the time from one-half hour before 141
sunrise to one-half hour after sunset.
The chief may adopt rules under section 1531.10 of the 143
Revised Code providing that no person shall lay out, pull, lift, 144
draw, set, place, locate, or maintain any net or seine at any 145
other place or places in the Lake Erie fishing district and in 146
other waters wherein fishing with nets or seines is licensed by 147
law wherein such a prohibition is needed for the protection, 148
preservation, or propagation of fish. 149
No person shall leave a commercial fishing device in a 151
slack manner, or torn parts thereof, in the waters of the Lake 152
Erie fishing district for more than five consecutive days. For 153
the purposes of this section, a fishing device is slack when the 154
anchors to various parts of the device are not holding it in the 155
normal extended manner. 156
No person shall set or use a net, trotline, or other 158
fishing device, except a trap net or fyke net, in the Lake Erie 159
fishing district without removing all of the fish therefrom at 160
least once during a period of five consecutive days. A trap or 161
fyke net shall have all of the fish removed from the crib or car 162
at least once during such time. 163
Any net, gill net, or other fishing device set, lifted, 165
pulled, hauled, or used in violation of this chapter or Chapter 166
1531. of the Revised Code or division rule is a public nuisance 167
and each wildlife officer, or other officer with like authority, 168
may seize and safely keep such a fishing device or part thereof, 169
and the illegal results therefrom, for evidence or forfeiture 170
proceedings unless otherwise ordered by the chief. 171
No person shall fail to comply with any provision of this 173
section or division rule adopted pursuant to it. 174
In addition to other penalties provided in the Revised 176
Code, the license of any person who is convicted of two 177
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violations of this section that occurred within a twelve-month 179
period is suspended upon the second such conviction by operation 180
of law for a period of five fishing season days immediately 181
following that conviction.
In addition to other penalties provided in the Revised 183
Code, the license of any person who is convicted of three or more 184
violations of this section that occurred within a twelve-month 186
period is suspended upon the third or subsequent such conviction
by operation of law for a period of twenty fishing season days 188
immediately following that conviction. 189
During any period of suspension, no person shall use or 191
engage in fishing within commercial gear owned, used, or 192
controlled at the time of conviction by the licensee whose 193
license has been suspended. 194
Sec. 1533.63. Except as otherwise provided by division 203
rule, no person shall take, catch, buy, sell, transport, or 205
possess a whitefish less than seventeen inches in length, a 206
sturgeon less than forty-eight inches in length, a catfish less 207
than fifteen FOURTEEN and one-half inches in length, a yellow 208
perch less than eight AND ONE-HALF inches in length, a yellow 209
perch fillet or part fillet of not less than five and 211
three-eighths FIVE-EIGHTHS inches in length, A HEADLESS YELLOW 213
PERCH LESS THAN SIX AND SEVEN-EIGHTHS INCHES IN LENGTH, a white 214
bass or WHITE BASS HYBRID LESS THAN ELEVEN INCHES IN LENGTH, A 215
HEADLESS WHITE BASS OR WHITE BASS HYBRID LESS THAN EIGHT AND 216
THREE-FOURTHS INCHES IN LENGTH, A WHITE BASS OR WHITE BASS HYBRID 217
FILLET OR PART THEREOF LESS THAN SIX AND ONE-HALF INCHES IN 218
LENGTH, A bullhead less than nine inches in length, a cisco less 220
than eleven inches in length, a buffalo fish less than fifteen 221
inches in length, a sucker less than ten inches in length, or a 222
coho less than twenty-five inches in round length or twenty-one 223
and one-half inches when headless. All such fish caught or taken 224
of a weight or length less than that prescribed in this section 225
or as may be provided by the chief of the division of wildlife 226
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immediately shall be released with as little injury as possible 227
while the net, seine, trotline, dip net, or other fishing device 228
is being lifted, pulled, or hauled.
No person shall release such undersized fish or species 230
protected by this chapter and Chapter 1531. of the Revised Code 231
or division rule into a privately owned pond, lake, live car, or 232
other enclosure. No person shall bring ashore, or possess aboard 233
a boat used in commercial fishing when going to or returning from 234
nets or other fishing devices, a fish with its head or tail 235
removed or in such condition that its length, weight, or species 236
cannot be determined. 237
This section does not prohibit the catching, taking, or 239
possession of such undersized fish when caught or taken with hook 240
and line, other than a commercially licensed trotline, but when 241
such fish are so taken, they cannot be bought or sold. 242
No licensed commercial fishermen FISHERS, or person 244
required to have a commercial fishing license under section 245
1533.34 of the Revised Code, shall take walleye, sauger, 246
whitefish, mooneye, cisco, burbot, sturgeon, and blue pike; 247
brook, brown, rainbow, and lake trout; coho, chinook, and kokanne 248
salmon; or other species protected by this chapter and Chapter 249
1531. of the Revised Code or division rule, from Lake Erie or its 250
tributaries or possess such fish aboard a boat used in commercial 251
fishing when going to or returning from nets or other fishing 252
devices. All such fish caught or taken from a commercial fishing 253
device immediately shall be released with as little injury as 254
possible while the fishing device is being lifted, pulled, or 255
hauled.
No person shall take, buy, sell, barter, give away, 257
deliver, ship, transport, or possess any package, container, or 258
quantity with more than ten per cent by weight of undersized fish 259
or any other species either round or filleted mentioned in this 260
section or division order RULE. The entire quantity of fish 261
containing more than ten per cent by weight of undersized fish 262
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shall be confiscated along with its containers. No person shall 263
buy, sell, offer for sale, transport, give away, barter, or 264
possess a fish caught or taken out of season or in any manner 265
prohibited or a fish caught or taken unlawfully from waters in or 266
outside the state. All fish brought into the state from another 267
state or country shall be subject to the laws of this state. 268
All fish taken or caught from Ohio waters shall be brought 270
into an Ohio port for inspection. No person shall ship, carry, 271
transport, or cause to be transported any fish taken or caught 272
from Ohio waters directly to a point outside the state. 273
Walleye or sauger originating from outside of this state 275
may be possessed for sale, bought, or sold subject to division 277
rule.
No person shall trade, buy, sell, possess, or transport for 279
sale walleye or sauger taken from waters in this state. 280
Each person who holds a permit under section 1533.301 or 282
1533.631 of the Revised Code shall keep accurate written records 283
in the English language of all sales and purchases of freshwater 284
fish. The records shall include the name and address of the 285
buyer and seller, the name of fish, the amount of fish in pounds, 286
and the date of sale or purchase. Records for trout, bullhead, 287
herring, whitefish, sauger, walleye, yellow perch, white bass, 288
sturgeon, and channel catfish shall be kept on forms provided by 289
the chief. In lieu of keeping the written records concerning 290
sales of freshwater fish as required under this section, a permit 292
holder, upon applying to and receiving the approval of the chief,
may keep the sales information required under this section on 294
normal business records, including, but not limited to, receipts 295
and invoices. All records shall be maintained for at least one 296
year and shall be open to inspection to all division of wildlife 297
officers at all reasonable hours. A buyer who purchases fish for 298
his THE BUYER'S own consumption shall not be required to keep 299
records, and persons selling fish for personal consumption shall
not be required to record the names and addresses of persons 300
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purchasing the fish. 301
No person shall fail to comply with any provision of this 303
section or division rule adopted pursuant thereto. 304
In addition to other penalties provided in the Revised 306
Code, the license of any person who is convicted of two 307
violations of this section, other than those relating to ten per 308
cent by weight of undersized fish, that occurred within a 310
twelve-month period, is suspended upon the second such conviction
by operation of law for a period of sixty fishing season days 311
immediately following that conviction. 312
In addition to other penalties provided in the Revised 314
Code, the license of any person who is convicted of three or more 315
violations of this section, other than those relating to ten per 316
cent by weight of undersized fish, that occurred within a 318
twelve-month period is suspended upon the third or subsequent
such conviction by operation of law for a period of eighteen 320
fishing season months immediately following that conviction. 322
In addition to other penalties provided in the Revised 324
Code, the license or permit of any person who is convicted of two 325
violations of this section relating to walleye or sauger is 326
suspended upon the second such conviction by operation of law for 327
a period of twenty days immediately following that conviction. 328
In addition to other penalties provided in the Revised 330
Code, the license or permit of any person who is convicted of 331
three violations of this section relating to walleye or sauger is 332
suspended upon the third such conviction by operation of law for 333
a period of sixty days immediately following that conviction. 334
In addition to other penalties provided in the Revised 336
Code, any person who is convicted of four violations of this 337
section relating to walleye or sauger imported from without the 338
state that occurred within a period of thirty-six months is 340
prohibited upon the fourth such conviction by operation of law
from transporting, buying, selling, or dealing in walleye and 341
sauger for a period of sixty months immediately following that 343
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conviction.
In addition to other penalties provided in the Revised 345
Code, the license or permit of any person who is convicted of 346
four violations of this section relating to walleye or sauger, 347
other than walleye or sauger imported from without the state, is 348
revoked upon the fourth such conviction by operation of law, and 349
the person is permanently barred from obtaining another license 350
or permit of the type revoked. 351
In addition to other penalties provided in the Revised 353
Code, the license of any person who is convicted of three or more 354
violations of this section relating to ten per cent by weight of 355
undersized fish that occurred within a twelve-month period is 357
suspended upon the third or subsequent such conviction by
operation of law for a period of twenty fishing season days 359
immediately following that conviction. 360
During any period of suspension or revocation, no person 362
shall use or engage in fishing with commercial gear owned, used, 363
or controlled at the time of conviction by the licensee whose 364
license or permit has been suspended or revoked. 365
As used in this section, "sale of fish" includes, but is 367
not limited to, fish sold in the round or part thereof and fish 369
sold as part of a meal or service, but does not include canned 370
fish.
For purposes of determining any license or permit 372
suspension or revocation required by this section, multiple 373
convictions resulting from violations of this section that 375
occurred at the same time, on the same day, and at the same 376
location, are deemed to be a single conviction of one violation. 377
Section 2. That existing sections 1531.10, 1533.41, 379
1533.55, and 1533.63 of the Revised Code are hereby repealed. 380
Section 3. The following rules of the Administrative Code, 382
as adopted by the Division of Wildlife in the Department of 383
Natural Resources, are ratified and continue in effect until 384
amended or rescinded by the Division: 1501:31-3-01, 385
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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, 386
1501:31-3-10, 1501:31-3-11, 1501:31-3-12, 1501:31-3-13, and 387
1501:31-3-14.
An expiration date stated in any of the aforementioned rules is 389
void.
Section 4. This act is hereby declared to be an emergency 391
measure necessary for the immediate preservation of the public 392
peace, health, and safety. The reason for such necessity is to 393
ensure that fishing rules are in effect in time for the 2000 394
fishing season because the rules are necessary for the proper 395
management of Ohio's fisheries. Therefore, this act shall go
into immediate effect. 396