As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 77


Senator Grendell 

Cosponsors: Senators Spada, Mumper 


A BILL
To amend sections 1533.341, 1533.35, 1533.36, 1
1533.42, 1533.62, 1533.63, 1533.631, and 1533.64 2
and to enact sections 1533.343 and 1533.641 of the 3
Revised Code to increase the license fees for 4
commercial fishing, to revise the penalties for 5
violations of certain commercial fishing statutes, 6
and to make other changes to the law governing 7
commercial fishing.8


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 1533.341, 1533.35, 1533.36, 1533.42, 9
1533.62, 1533.63, 1533.631, and 1533.64 be amended and sections 10
1533.343 and 1533.641 of the Revised Code be enacted to read as 11
follows:12

       Sec. 1533.341.  The chief of the division of wildlife with13
the approval of the wildlife council, in managing the Lake Erie14
fishery resources, may utilize and establish by division rule a15
quota management system that shall consist of determining on a16
scientific basis by species and number or pounds the maximum17
allowable annual taking of those fishery resources or part thereof 18
in order to prevent over exploitation of any species and assure 19
the conservation and wise use of all species, and the20
determination on an equitable basis of the distribution of that21
maximum allowable annual taking between and within sport and22
commercial interests.23

       The chief and the council, in determining and establishing24
the apportionment of the maximum allowable annual taking of a25
species between the sport and commercial interests, shall be26
guided by the proportional sport and commercial taking of the27
species during the immediately preceding five years andor other28
pertinent scientific, economic, and social data.29

       The chief and the council, in determining the distribution of 30
the apportionment within the commercial industry, also shall31
consider the proportional commercial taking of the species within32
the commercial industry during the immediately preceding five33
years andor other pertinent scientific, economic, and social 34
data.35

       No person shall fail to comply with any quota set pursuant to 36
this section, other provisions of this section, or division rule 37
adopted pursuant thereto.38

       In addition to other penalties provided in the Revised Code, 39
the license of any person who is convicted of two violations of 40
this section that occurred within a twelve-month period is 41
suspended upon the second such conviction by operation of law for 42
a period of sixty fishing season days immediately following that 43
conviction.44

       In addition to other penalties provided in the Revised Code, 45
the license of any person who is convicted of three or more46
violations of this section that occurred within a twelve-month47
period is suspended upon the third or subsequent such conviction48
by operation of law for a period of eighteen fishing season months 49
immediately following that conviction.50

       During any period of suspension, no person shall use or51
engage in fishing with commercial gear owned, used, or controlled52
at the time of conviction by the licensee whose license has been53
suspended.54

       Any person whose license has been suspended or revoked by55
operation of law pursuant to any provision of this chapter or56
Chapter 1531. of the Revised Code is not eligible to apply for or57
receive a new license during the period of the suspension or58
revocation.59

       Sec. 1533.343. On and after March 1, 2008, no commercial 60
fishing licensee shall use or engage in fishing with commercial 61
gear unless the licensee uses vessel and catch monitoring devices 62
in accordance with requirements and procedures established by the 63
chief of the division of wildlife. The chief shall establish 64
requirements and procedures concerning vessel and catch monitoring 65
devices by division rule. A licensee shall pay the costs of 66
purchasing, installing, and maintaining the devices.67

       Sec. 1533.35.  (A) Commercial fishing devices shall be68
annually licensed as follows:69

       (1) Trap and fyke nets, for the first twenty nets or any70
portion thereof, eighttwenty-four hundred dollars; and for each 71
additional group of ten such nets or any portion thereof, four72
twelve hundred dollars;73

       (2) For each seine of one hundred fifty rods or less in74
length other than an inland fishing district seine, fourtwelve75
hundred dollars;76

       (3) For each seine over one hundred fifty rods in length77
other than an inland fishing district seine, sixeighteen hundred 78
dollars;79

       (4) For each inland fishing district seine, onethree hundred80
dollars;81

       (5) For each carp apron, onethree hundred dollars;82

       (6) For one trotline with seventy hooks or less attached83
thereto, twentysixty dollars;84

       (7) For each trotline, or trotlines, with a total of more85
than seventy hooks attached thereto, onethree hundred dollars;86

       (8) For each dip net, onethree hundred dollars.87

       The license fee for other commercial fishing gear not 88
mentioned in this section, as approved by the chief of the 89
division of wildlife, shall be set by the chief with approval of 90
the wildlife council.91

       Commercial fishing gear owned or used by a nonresident may be 92
licensed in this state only if a reciprocal agreement is in effect 93
as provided for in section 1533.352 of the Revised Code.94

       All commercial license fees shall be paid upon application or 95
shall be paid one-fourth upon application with the balance due and 96
owing within ninety days of the date of application, except that 97
those license fees of one hundred dollars or less shall be paid in 98
full at the time of application.99

       (B) Royalty fees are hereby established on the following 100
species of fish when taken commercially: catfish, white bass, and 101
yellow perch.102

       The amount of the royalty fees shall be as follows: on the 103
species taken for which an allowable catch or quota has been104
established by division rule, five cents per pound. On the species 105
taken for which an allowable catch or quota has not been106
established by division rule, two cents per pound.107

       All royalty fees established or provided for in this section 108
shall be paid by the license holder to the division. No person may 109
be issued a commercial fishing license until all royalty fees due 110
from that person for the preceding fishing season have been paid 111
in full. The chief may request the attorney general to recover any 112
royalty fee or amount thereof that is not paid by the opening date 113
of the next fishing season, and the attorney general shall 114
commence appropriate legal proceedings to recover the unpaid fee 115
or amount.116

       All commercial fishing license moneys and all other fees117
collected from commercial fishers shall be deposited in the state 118
treasury in accordance with section 1533.33 of the Revised Code.119

       No person shall fail to comply with any provision of this120
section or a division rule adopted pursuant to it.121

       In addition to other penalties provided in the Revised Code, 122
the license of any person who is convicted of one or more123
violations of this section shall be suspended upon the conviction 124
by operation of law for a period of eighteen fishing season months 125
immediately following the conviction.126

       During any period of suspension, no person shall use or127
engage in fishing with commercial gear owned, used, or controlled128
at the time of conviction by the licensee whose license has been 129
suspended.130

       Sec. 1533.36. (A) No fishing license issued pursuant to131
section 1533.32 or 1533.35 of the Revised Code is transferable, 132
and no fishermanfisher shall carry a license that was issued in 133
the name of another person or that does not contain the signature 134
of the agent issuing it.135

       (B) Notwithstanding any other provision in the Revised Code 136
and except as otherwise provided by division rule, a licensee 137
holding a commercial fishing license issued pursuant to section 138
1533.35 of the Revised Code may transfer that license to a person 139
holding a license issued under that section or to a person meeting 140
the qualifications set forth in section 1533.342 of the Revised 141
Code. Such a transfer is subject to all of the following 142
conditions:143

       (1) The transferred license is limited to the type of144
commercial fishing gear for which the original license was issued;145

       (2) The transfer does not affect any other commercial fishing 146
license privilege possessed by the transferor, and the transferor, 147
as permitted by law, may continue to renew and use any license not 148
transferred;149

       (3) Application for the transfer may be made at any time and 150
shall be made simultaneously by the transferor and transferee on 151
forms provided by the division of wildlife;152

       (4) When a commercial fishing license is transferred during 153
the open commercial fishing season, the transferee may be issued a 154
license only upon receipt by the division of payment in an amount 155
equal to the annual fees set forth in section 1533.35 of the 156
Revised Code for the type of commercial fishing gear to be157
transferred plus any unpaid fees that have not been paid by the158
transferor at the time of transfer. The division shall not refund 159
fees previously paid by a transferor.160

       (5) A commercial fishing license shall be transferred only161
upon payment to the division of the royalty fees imposed by162
section 1533.35 of the Revised Code that have accrued to the date163
of transfer. Royalty fees that accrue with regard to the license 164
on or after the date of transfer are solely the responsibility of 165
the transferee.166

       (6) A commercial fishing license may be transferred at any167
time, but it shall not be transferred if the license is suspended168
at the time transfer is sought, or if the licensee has been169
charged with a violation that could result in license suspension;170

       (7) After determining that the transfer of a commercial171
fishing license is proper, the chief of the division of wildlife172
shall effect the transfer by revocation of the license of the173
transferor and simultaneous issuance of the appropriate license to 174
the transferee.175

       Sec. 1533.42.  Except as otherwise provided by division rule, 176
every licensee taking fish with commercial fishing gear, except a 177
trotline of seventy hooks or less, in any of the waters mentioned 178
in Chapter 1531. and this chapter of the Revised Code or division 179
rule, shall keep accurate reports for each day's catch upon forms 180
provided, and in the manner prescribed, by the chief of the 181
division of wildlife.182

       Every commercial fishing licensee shall keep an accurate183
record of each day's catch as prescribed upon a monthly report184
form. The report shall include at least the number of pounds of 185
each kind of fish taken, the locality fished, the kind and amount 186
of fishing gear lifted, the number of fishing nights, the number 187
of lifts, and any other data the biologists employed by the 188
division require in following the trend of the fisheries. The 189
licensee shall report each month, under oath when requested to do 190
so, those data to the chief.191

       The daily catch data shall be recorded accurately on the192
respective date upon a report form approved by the chief no later193
than twelve noon on the day following the day in which the fish194
were taken. The monthly report and any other report required195
pursuant to this section shall be submitted to the division no 196
later than the fifteenth day of the month following the end of the 197
calendar month in which the fish were taken.198

       No person shall fail to comply with any report procedure199
provided for in this section, other provisions of this section, or 200
division rule adopted pursuant thereto.201

       In addition to other penalties provided in the Revised Code, 202
the license of any person who is convicted of two violations of 203
this section that occurred within a twelve-month period is 204
suspended upon the second such conviction by operation of law for 205
a period of sixty fishing season days immediately following that 206
conviction.207

       In addition to other penalties provided in the Revised Code, 208
the license of any person who is convicted of three or more209
violations of this section that occurred within a twelve-month 210
period is suspended upon the third or subsequent such conviction211
by operation of law for a period of eighteen fishing season months212
immediately following that conviction.213

       During any period of suspension, no person shall use or214
engage in fishing with commercial gear owned, used, or controlled215
at the time of conviction by the licensee whose license has been 216
suspended.217

       Sec. 1533.62.  The dimensions and specifications for seines218
provided in this section shall apply except as otherwise provided219
by division rule.220

       Carp, buffalo fish, mullett, suckers, sheepshead, goldfish,221
bowfin, and gizzard shad may be taken with a seine only in the222
bays, marshes, estuaries, or inlets bordering upon, flowing into,223
or in any manner connected with Lake Erie, except in any of these224
waters that are in the Lake Erie fishing district where they may225
be taken with other nets as provided in this chapter and Chapter 226
1531. of the Revised Code. The meshes of one-third of each wing of227
such a seine, next to the brails, shall measure not less than five228
inches stretched mesh, and the meshes of the next one-third of229
each wing shall measure not less than four and one-half inches230
stretched mesh. The balance of the seine shall measure not less231
than four inches stretched mesh. All measurements shall be made on 232
the bar as provided in section 1533.52 of the Revised Code. Such 233
fish may be taken only with the seine prescribed in this section 234
in the Ottawa river, no farther up than the Ann Arbor bridge; in 235
the Maumee river, no farther up than the Toledo Cherry street 236
bridge; in the Portage river and in Portage bay, no farther up 237
than one-half mile west of the junction of the Portage and Little 238
Portage rivers; in the Sandusky river, no farther up than an 239
imaginary line running from the west point of Squaw island 240
straight across Sandusky river to Teal Pond Point, thence straight 241
south to the mainland; in Mud creek and in Mud creek bay, no 242
farther up than an imaginary line running straight across Mud 243
creek at a right angle with the course of the stream one-half mile 244
west of the Mud Creek bridge on Port Clinton road; and in the 245
Lacarpe creek, Little Portage river, Tousaint river, Turtle creek, 246
Crane Creek, and Ward's canal, no farther up than the water level 247
of Lake Erie extends in these streams. No person shall set and 248
leave stationary a seine, net, or other device that will tend to 249
interfere with the free movement of fish into or out of the mouth 250
of any stream flowing into or in any manner connected with Lake 251
Erie, wherein fishing with nets is permitted by law, or up or down 252
any section of such streams. In the Lake Erie fishing district, a 253
smaller mesh may be used in the bag of a seine, but such a small 254
mesh bag shall not exceed three hundred fifty feet in length, of 255
which two hundred feet shall be made of twine with meshes not less 256
than three inches stretched mesh, fishing measure, measured on the 257
bar as provided in section 1533.52 of the Revised Code.258

       No seine shall be used in fishing or had in possession in259
this state of a greater length than three hundred rods.260

       This section does not permit the use of any net in any stream 261
flowing into Lake Erie east of the mouth of Sandusky bay, except a 262
minnow net as provided in section 1533.57 of the Revised Code.263

       No person shall draw, set, place, locate, or maintain any net 264
or seine except a minnow net in that portion of Sandusky bay or 265
Lake Erie lying within the area starting at the northeast end of 266
the Cedar Point jetty, thence on a line drawn straight from the267
northeast end of Cedar Point jetty to Shafer's dock on Marblehead, 268
thence to the western extremity of Johnson's island, thence to the 269
loading dock of the Baltimore and Ohio Railroad, and back to the 270
point of origin.271

       No person shall draw, set, place, locate, or maintain any net 272
except a minnow net in that portion of Sandusky bay lying between 273
Cedar Point and the mainland and east of an imaginary line running 274
straight across Sandusky bay from the extreme west point of Cedar 275
Point to the Baltimore and Ohio elevator dock.276

       No person shall fail to comply with any provisions of this277
section or division rule adopted pursuant thereto.278

       In addition to other penalties provided in the Revised Code279
the license of any person who is convicted of two violations of280
this section that occurred within a twelve-month period is 281
suspended upon the second such conviction by operation of law for282
a period of five fishing days immediately following that283
conviction.284

       In addition to other penalties provided in the Revised Code285
the license of any person who is convicted of three or more286
violations of this section that occurred within a twelve-month 287
period is suspended upon the third or subsequent such conviction288
by operation of law for a period of twenty fishing season days289
immediately following that conviction.290

       During any period of suspension, no person shall use or291
engage in fishing with commercial gear owned, used, or controlled292
at the time of conviction by the licensee whose license has been 293
suspended.294

       Sec. 1533.63.  Except as otherwise provided by division 295
rule, no person shall take, catch, buy, sell, transport, or 296
possess a whitefish less than seventeen inches in length, a 297
sturgeon less than forty-eight inches in length, a catfish less 298
than fourteen and one-half inches in length, a yellow perch less 299
than eight and one-half inches in length, a yellow perch fillet or300
part fillet of not less than five and five-eighths inches in301
length, a headless yellow perch less than six and seven-eighths 302
inches in length, a white bass or white bass hybrid less than 303
eleven inches in length, a headless white bass or white bass 304
hybrid less than eight and three-fourths inches in length, a white 305
bass or white bass hybrid fillet or part thereof less than six and306
one-half inches in length, a bullhead less than nine inches in 307
length, a cisco less than eleven inches in length, a buffalo fish 308
less than fifteen inches in length, a sucker less than ten inches 309
in length, or a coho less than twenty-five inches in round length 310
or twenty-one and one-half inches when headless. All such fish311
caught or taken of a weight or length less than that prescribed in 312
this section or as may be provided by the chief of the division of 313
wildlife immediately shall be released with as little injury as 314
possible while the net, seine, trotline, dip net, or other fishing 315
device is being lifted, pulled, or hauled.316

       No person shall release such undersized fish or species317
protected by this chapter and Chapter 1531. of the Revised Code or318
division rule into a privately owned pond, lake, live car, or319
other enclosure. No person shall bring ashore, or possess aboard a320
boat used in commercial fishing when going to or returning from321
nets or other fishing devices, a fish with its head or tail322
removed or in such condition that its length, weight, or species323
cannot be determined.324

       This section does not prohibit the catching, taking, or325
possession of such undersized fish when caught or taken with hook326
and line, other than a commercially licensed trotline, but when327
such fish are so taken, they cannot be bought or sold.328

       No licensed commercial fishers, or person required to have a 329
commercial fishing license under section 1533.34 of the Revised 330
Code, shall take walleye, sauger, whitefish, mooneye, cisco, 331
burbot, sturgeon, and blue pike; brook, brown, rainbow, and lake 332
trout; coho, chinook, and kokanne salmon; or other species333
protected by this chapter and Chapter 1531. of the Revised Code or334
division rule, from Lake Erie or its tributaries or possess such 335
fish aboard a boat used in commercial fishing when going to or 336
returning from nets or other fishing devices. All such fish caught 337
or taken from a commercial fishing device immediately shall be 338
released with as little injury as possible while the fishing 339
device is being lifted, pulled, or hauled.340

       No person shall take, buy, sell, barter, give away, deliver, 341
ship, transport, or possess any package, container, or quantity 342
with more than ten per cent by weight of undersized fish or any 343
other species either round or filleted mentioned in this section 344
or division rule. The entire quantity of fish containing more than 345
ten per cent by weight of undersized fish shall be confiscated 346
along with its containers. No person shall buy, sell, offer for 347
sale, transport, give away, barter, or possess a fish caught or 348
taken out of season or in any manner prohibited or a fish caught 349
or taken unlawfully from waters in or outside the state. All fish 350
brought into the state from another state or country shall be 351
subject to the laws of this state.352

       All fish taken or caught from Ohio waters shall be brought353
into an Ohio port for inspection. No person shall ship, carry,354
transport, or cause to be transported any fish taken or caught355
from Ohio waters directly to a point outside the state.356

       Walleye or sauger originating from outside of this state may 357
be possessed for sale, bought, or sold subject to division rule.358

       No person shall trade, buy, sell, possess, or transport for359
sale walleye or sauger taken from waters in this state.360

       Each person who holds a permit under section 1533.301 or361
1533.631 of the Revised Code shall keep accurate written records362
in the English language of all sales and purchases of freshwater363
fish. The records shall include the name and address of the buyer364
and seller, the name of fish, the amount of fish in pounds, and 365
the date of sale or purchase. Records for trout, bullhead, 366
herring, whitefish, sauger, walleye, yellow perch, white bass, 367
sturgeon, and channel catfish shall be kept on forms provided by 368
the chief. In lieu of keeping the written records concerning sales369
of freshwater fish as required under this section, a permit 370
holder, upon applying to and receiving the approval of the chief,371
may keep the sales information required under this section on 372
normal business records, including, but not limited to, receipts 373
and invoices. All records shall be maintained for at least one 374
year and shall be open to inspection to all division of wildlife 375
officers at all reasonable hours. A buyer who purchases fish for 376
the buyer's own consumption shall not be required to keep records, 377
and persons selling fish for personal consumption shall not be 378
required to record the names and addresses of persons purchasing 379
the fish.380

       No person shall fail to comply with any provision of this381
section or division rule adopted pursuant thereto.382

       In addition to other penalties provided in the Revised Code, 383
the license of any person who is convicted of two violations of 384
this section, other than those relating to ten per cent by weight 385
of undersized fish, that occurred within a twelve-month period, is 386
suspended upon the second such conviction by operation of law for 387
a period of sixty fishing season days immediately following that 388
conviction.389

       In addition to other penalties provided in the Revised Code, 390
the license of any person who is convicted of three or more391
violations of this section, other than those relating to ten per392
cent by weight of undersized fish, that occurred within a 393
twelve-month period is suspended upon the third or subsequent 394
such conviction by operation of law for a period of eighteen 395
fishing season months immediately following that conviction.396

       In addition to other penalties provided in the Revised Code, 397
the license or permit of any person who is convicted of two398
violations of this section relating to walleye or sauger is399
suspended upon the second such conviction by operation of law for 400
a period of twenty days immediately following that conviction.401

       In addition to other penalties provided in the Revised Code, 402
the license or permit of any person who is convicted of three 403
violations of this section relating to walleye or sauger is404
suspended upon the third such conviction by operation of law for a 405
period of sixty days immediately following that conviction.406

       In addition to other penalties provided in the Revised Code, 407
any person who is convicted of four violations of this section 408
relating to walleye or sauger imported from without the state that 409
occurred within a period of thirty-six months is prohibited upon 410
the fourth such conviction by operation of law from transporting, 411
buying, selling, or dealing in walleye and sauger for a period of 412
sixty months immediately following that conviction.413

       In addition to other penalties provided in the Revised Code, 414
the license or permit of any person who is convicted of four 415
violations of this section relating to walleye or sauger, other 416
than walleye or sauger imported from without the state, is revoked 417
upon the fourth such conviction by operation of law, and the418
person is permanently barred from obtaining another license or419
permit of the type revoked.420

       In addition to other penalties provided in the Revised Code, 421
the license of any person who is convicted of three or more422
violations of this section relating to ten per cent by weight of423
undersized fish that occurred within a twelve-month period is 424
suspended upon the third or subsequent such conviction by 425
operation of law for a period of twenty fishing season days 426
immediately following that conviction.427

       During any period of suspension or revocation, no person428
shall use or engage in fishing with commercial gear owned, used,429
or controlled at the time of conviction by the licensee whose430
license or permit has been suspended or revoked.431

       As used in this section, "sale of fish" includes, but is not 432
limited to, fish sold in the round or part thereof and fish sold 433
as part of a meal or service, but does not include canned fish.434

       For purposes of determining any license or permit suspension 435
or revocation required by this section, multiple convictions 436
resulting from violations of this section that occurred at the 437
same time, on the same day, and at the same location, are deemed 438
to be a single conviction of one violation.439

       Sec. 1533.631.  Any person may apply for a permit to handle440
commercial fish, or other fish that may be bought or sold under441
the Revised Code or division rule, at wholesale. The chief of the 442
division of wildlife shall issue an annual permit granting the 443
applicant the privilege to handle such fish at wholesale at one or 444
more designated premises upon filing of an application on a form 445
prescribed by the chief and payment of a fee of sixty-five 446
dollars. No person or a person's agent shall handle at wholesale 447
any fresh water fish or part thereof unless a permit has been 448
issued for the calendar year in which the fish is handled at 449
wholesale for the premises at which the fish is handled.450

       A fish is handled at wholesale for purposes of this section451
when it is on a premises within the state and is being held,452
stored, handled, or processed for the purpose of sale to a person453
who ordinarily resells the fish.454

       The permit required by this section shall be issued subject455
to the right of entry and inspection of the designated premises of 456
the permittee by any law enforcement officer authorized by section 457
1531.13 of the Revised Code to enforce the laws and rules of the458
division of wildlife. Such an officer may enter and inspect the 459
designated premises and any box, package, or receptacle, and the 460
contents thereof, for the purpose of determining whether any 461
provision of this chapter or Chapter 1531. of the Revised Code or 462
division rule is being violated.463

       No person holding a permit under this section shall remove a 464
label required by section 1533.301 of the Revised Code unless the 465
box, package, or receptacle bearing the label has been opened or 466
unless the label is replaced with another label that meets the 467
requirements of that section.468

       No person shall fail to comply with any provision of this469
section or division rule adopted pursuant to it.470

       In addition to other penalties provided in the Revised Code,471
the permit of any person who is convicted of two violations of472
this section that occurred within a twelve-month period is 473
suspended upon the second such conviction by operation of law for474
a period of five fishing season days immediately following that 475
conviction.476

       In addition to other penalties provided in the Revised Code,477
the permit of any person who is convicted of three or more478
violations of this section that occurred within a twelve-month 479
period is suspended upon the third or subsequent such conviction480
by operation of law for a period of twenty fishing season days481
immediately following that conviction.482

       During any period of suspension, no person shall use or483
engage in handling commercial fish at wholesale with equipment or484
facilities owned, used, or controlled at the time of conviction by 485
the permittee whose permit has been suspended.486

       Sec. 1533.64.  Fish lawfully confined in a net, or by a487
device authorized by law, are the property of the owner or person488
operating the net or other device, and no person other than the489
owner or person in control of the net or other device shall take490
or catch from it or possess a fish that is or has been so491
confined. Each fish taken from and each fish had in possession492
that was taken from any net or other device legally operated in493
any of the waters of this state by any person other than the owner 494
or histhe owner's agent operating the net or other device495
constitutes a separate offense.496

       No person shall fail to comply with this section or a 497
division rule adopted pursuant thereto.498

       In addition to other penalties provided in the Revised Code,499
the license of any person who is convicted of two violations of500
this section that occurred within a twelve-month period is 501
suspended upon the second such conviction by operation of law for502
a period of sixty fishing season days immediately following that 503
conviction.504

       In addition to other penalties provided in the Revised Code,505
the license of any person who is convicted of three or more506
violations of this section that occurred within a twelve-month 507
period is suspended upon the third or subsequent such conviction508
by operation of law for a period of eighteen fishing season months509
immediately following that conviction.510

       During any period of suspension, no person shall use or511
engage in fishing with commercial gear owned, used, or controlled512
at the time of conviction by the licensee whose license has been 513
suspended.514

       Sec. 1533.641. (A) If a person is convicted of a felony 515
related to commercial fishing activities for a violation of state 516
or federal law, all commercial fishing licenses issued under 517
section 1533.35 of the Revised Code and all permits to handle 518
commercial fish or other fish at wholesale issued under section 519
1533.631 of the Revised Code to that person are revoked by 520
operation of law. That person shall not be issued any new 521
commercial fishing licenses or permits to handle commercial fish 522
or other fish at wholesale.523

       (B)(1) If a commercial fishing licensee, such a licensee's 524
authorized representative, a person that has been issued a permit 525
under section 1533.631 of the Revised Code to handle commercial 526
fish or other fish at wholesale, or such a permittee's authorized 527
representative violates section 1533.341, 1533.343, 1533.41, 528
1533.42, 1533.62, 1533.63, 1533.631, or 1533.64 of the Revised 529
Code or any division rule pertaining to those sections, the 530
licensee's license or the permittee's permit, as applicable, shall 531
be suspended for a period of thirty fishing season days.532

       (2) If a violator commits a second violation within ten years 533
after committing the first violation, the applicable licensee's 534
license or permittee's permit shall be suspended for a period of 535
sixty fishing season days.536

       (3) If a violator commits a third violation within ten years 537
after committing the first violation, the applicable licensee's 538
license or permittee's permit shall be revoked.539

       (C) During any period of suspension of a license or permit 540
under this section, no person shall use or engage in fishing with 541
commercial gear, or in handling commercial fish or other fish at 542
wholesale with equipment, owned, used, or controlled at the time 543
of conviction by the licensee or the licensee's authorized 544
representative or by the permittee or the permittee's authorized 545
representative, as applicable.546

       (D) A person whose license has been suspended or revoked by 547
operation of law pursuant to any provision of this chapter or 548
Chapter 1531. of the Revised Code is not eligible to apply for or 549
receive a new license during the period of the suspension or 550
revocation.551

       (E) For purposes of determining a license or permit 552
suspension or revocation for a violation of section 1533.63 of the 553
Revised Code, multiple convictions resulting from violations of 554
that section that occurred at the same time, on the same day, and 555
at the same location are deemed to be a single conviction of one 556
violation.557

       Section 2. That existing sections 1533.341, 1533.35, 1533.36, 558
1533.42, 1533.62, 1533.63, 1533.631, and 1533.64 of the Revised 559
Code are hereby repealed.560