As Passed by the Senate

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


Senator Grendell 

Cosponsors: Senators Spada, Mumper, Harris, Miller, D., Niehaus, Roberts, Sawyer, Schaffer, Schuler, Smith, Buehrer, Morano, Padgett, Miller, R., Wilson, Mason, Faber 

A BILL
To amend sections 1533.34, 1533.341, 1533.342, 1
1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 2
1533.631, 1533.64, and 2953.32 and to enact 3
sections 1533.343 and 1533.641 of the Revised Code 4
to make changes to the law governing commercial 5
fishing.6


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

       Section 1. That sections 1533.34, 1533.341, 1533.342, 7
1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, 1533.64, 8
and 2953.32 be amended and sections 1533.343 and 1533.641 of the 9
Revised Code be enacted to read as follows:10

       Sec. 1533.34.  No person shall use or operate, for the 11
purpose of taking fish, a boat, net, or device other than a minnow 12
net or hook and line with bait or lure, in any of the waters of 13
the state wherein fishing with nets is licensed by law, without a 14
license for that gear from the chief of the division of wildlife. 15
The application for a license and all licenses required by section 16
1533.35 of the Revised Code shall be in such form as the chief 17
prescribes.18

       When a person applies to the chief for a license, the chief, 19
upon receiving the proper fees, may issue the license if the 20
person satisfies the qualifications established in division (C) of 21
section 1533.342 of the Revised Code and the chief receives the 22
proper fees. Upon proof of violation of this section, the chief 23
may refuse to issue or renew any license. A license shall remain 24
in force and entitle the holder thereof to fish as permitted by 25
law from the date of issuance to and including the last day of the 26
season for which the license was issued. The license shall be 27
carried by the operator of a boat, net, or other device while the 28
boat, net, or other device is being used in fishing and shall be 29
exhibited on demand to any wildlife officer, constable, sheriff, 30
deputy sheriff, or other police officer, or the chief. No licensee 31
shall fail to exhibit the license on demand to any proper officer. 32
Each boat, net, or other device used in fishing contrary to this 33
section and each net or other device used or operated without 34
having the metal license tag attached thereto as provided by law 35
constitutes a separate offense.36

       Nonresident commercial fishermenfishers and their fishing 37
gear shall not be licensed to fish in this state unless a 38
reciprocal agreement is in force. A resident who purchases 39
commercial fishing gear from out of state, or purchases a boat 40
that has been registered less than a year in the state, shall give 41
bona fide evidence of ownership of at least fifty-one per cent of 42
the boat or gear whenever requested to do so by the chief or his43
the chief's designated representative.44

       No person shall fail to comply with any provision of this45
section or division rules adopted pursuant thereto.46

       Sec. 1533.341.  The chief of the division of wildlife with47
the approval of the wildlife council, in managing the Lake Erie48
fishery resources, may utilize and establish by division rule a49
quota management system that shall consist of determining on a50
scientific basis by species and number or pounds the maximum51
allowable annual taking of those fishery resources or part thereof 52
in order to prevent over exploitation of any species and assure 53
the conservation and wise use of all species, and the54
determination on an equitable basis of the distribution of that55
maximum allowable annual taking between and within the sport and56
commercial interestsfisheries.57

       The chief and the council, in determining and establishing58
the apportionment of the maximum allowable annual taking of a59
species between the sport and commercial interestsfisheries, 60
shall be guided by the proportional sport and commercial taking of 61
the species during the immediately preceding five years and other62
pertinent scientific, economic, and social data.63

       The chief and the council, in determining the distribution of 64
the apportionment within the commercial industryfishery, also65
shall consider the proportional commercial taking of the species 66
within the commercial industry during the immediately preceding 67
five years and other pertinent scientific, economic, and social 68
data.69

       No person shall fail to comply with any quota set pursuant to 70
this section, other provisions of this section, or division rule 71
adopted pursuant thereto.72

       In addition to other penalties provided in the Revised Code, 73
the license of any person who is convicted of two violations of 74
this section that occurred within a twelve-month period is 75
suspended upon the second such conviction by operation of law for 76
a period of sixty fishing season days immediately following that 77
conviction.78

       In addition to other penalties provided in the Revised Code, 79
the license of any person who is convicted of three or more80
violations of this section that occurred within a twelve-month81
period is suspended upon the third or subsequent such conviction82
by operation of law for a period of eighteen fishing season months 83
immediately following that conviction.84

       During any period of suspension, no person shall use or85
engage in fishing with commercial gear owned, used, or controlled86
at the time of conviction by the licensee whose license has been87
suspended.88

       Any person whose license has been suspended or revoked by89
operation of law pursuant to any provision of this chapter or90
Chapter 1531. of the Revised Code is not eligible to apply for or91
receive a new license during the period of the suspension or92
revocation.93

       Sec. 1533.342. (A) The chief of the division of wildlife,94
with the approval of the wildlife council, may limit the type and95
number of commercial fishing licenses to be issued for fishing in96
the Lake Erie fishing district and other water wherein nets are97
licensed by law, except that such limitations shall not prohibit98
any person who was issued an Ohio commercial fishing license in99
the prior fishing season from being issued, upon satisfaction of 100
the qualifications established in division (C) of this section and101
proper application, a license of the same type for the current 102
fishing season unless the issuance of such a license is prohibited 103
by this chapter or Chapter 1531. of the Revised Code or division 104
rule.105

       In limiting the number and type of licenses, the chief and106
the council shall give consideration to the number and type of107
licenses needed to harvest the fish determined to be harvestable;108
the capacity of the boats and characteristics of the equipment109
owned or used by the applicant; and any other facts or data110
relating to the protection, preservation, management, and111
utilization of fish species in a biologically sound manner.112

       (B) The chief, in prescribing forms for license applications, 113
may require the applicant to list information relating to the kind 114
and condition of boats and fishing equipment proposed to be used 115
by the applicant, port or ports of entry, years of commercial 116
fishing experience, quantity and kinds of fish taken during the 117
previous five years, conviction records relating to Chapter 1531. 118
and this chapter of the Revised Code and division rules, and any 119
other facts the chief determines necessary to assist himthe chief120
in determining whether or not the applicant may engage in121
commercial fishing in accordance with those chapters and division 122
rules. All questions shall be answered fully and completely by the 123
applicant. The application shall be sworn to and signed by the 124
applicant before a person authorized to administer oaths.125

       (C) Any person, other than persons licensed during the prior 126
fishing season, prior to making application for an Ohio commercial127
fishing license, first shall satisfy the following qualifications128
to the satisfaction of the chief: over eighteen years of age; no 129
prior conviction of or plea of guilty to a felony concerning 130
commercial fishing activities for a violation of state or federal 131
law; ninety days Ohio residency immediately preceding application; 132
two years commercial fishing gear experience or holder of an Ohio133
commercial license of another gear; and posting of a one thousand134
dollar performance bond or cash deposit in a like amount. In the135
event the person does not meet these pre-application136
qualifications or does meet those qualifications, but a license is137
not granted, the bond or cash deposit immediately shall be138
returned by the division. In the event the person is granted a139
license, the bond or cash deposit shall be held by the division140
during the term of the license.141

       (D) In determining the terms and conditions of any commercial142
fishing license, the chief, with the approval of the wildlife143
council, may do both of the following:144

       (A)(1) Fix by species, the weight, number, or size of fish to145
be taken;146

       (B)(2) Specify the home port and up to two alternate ports at147
which the licensee shall land histhe licensee's catch, as listed 148
on the licensee's application.149

       (E) Any wildlife officer, or other division employee150
designated by the chief to inspect commercial fishing operations,151
may enter upon any property used, owned, or leased by the holder152
of a commercial fishing license and may inspect any boat, net,153
seine, or other equipment used in commercial fishing; any building 154
or premises used to hold, store, repair, or build commercial 155
fishing gear or equipment; and any building or premises used in 156
boxing, storing, or processing fish. No person shall assault, 157
threaten, abuse, or interfere with any wildlife officer or 158
designated inspector when carrying out an inspection under 159
authority of this section, nor shall any person prohibit such an 160
inspection.161

       (F) No person shall fail to comply with this section or a162
division rule adopted pursuant thereto.163

       (G) No person having been issued a commercial fishing license164
shall fail to comply with all terms, specifications, and165
conditions set forth in the license.166

       (H)(1) In addition to other penalties provided in the Revised167
Code, the license of any person who is convicted of assaulting,168
threatening, abusing, or interfering with any person inspecting by 169
authority of this section is suspended upon such conviction by170
operation of law for a period of eighteen fishing season months171
immediately following that conviction.172

       (2) In addition to other penalties provided in the Revised173
Code, the license of any person who is convicted of two violations 174
of provisions of this section relating to inspection or terms and 175
conditions of any commercial fishing license that occurred within 176
a twelve-month period is suspended upon the second such conviction 177
by operation of law for a period of sixty fishing season days 178
immediately following that conviction.179

       (3) In addition to other penalties provided in the Revised180
Code, the license of any person who is convicted of three or more181
violations of provisions of this section relating to inspection or 182
terms and conditions of any commercial fishing licenses that 183
occurred within a twelve-month period is suspended upon the third 184
or subsequent such conviction by operation of law for a period of 185
eighteen fishing season months immediately following that 186
conviction.187

       (I) During any period of suspension, no person shall use or188
engage in fishing with commercial gear owned, used, or controlled189
at the time of conviction by the licensee whose license has been 190
suspended.191

       Sec. 1533.343. On and after March 1, 2008, no commercial 192
fishing licensee shall use or engage in fishing with commercial 193
gear unless the licensee uses vessel and catch monitoring devices 194
in accordance with requirements and procedures established by the 195
chief of the division of wildlife. The chief shall establish 196
requirements and procedures concerning vessel and catch monitoring 197
devices by division rule. A licensee shall pay the costs of 198
purchasing, installing, and maintaining the devices.199

       Sec. 1533.35.  (A) Commercial fishing devices shall be200
annually licensed as follows:201

       (1) Trap and fyke nets, for the first twenty nets or any202
portion thereof, eight hundred dollars; and for each additional203
group of ten such nets or any portion thereof, four hundred204
dollars;205

       (2) For each seine of one hundred fifty rods or less in206
length other than an inland fishing district seine, four hundred207
dollars;208

       (3) For each seine over one hundred fifty rods in length209
other than an inland fishing district seine, six hundred dollars;210

       (4) For each inland fishing district seine, one hundred211
dollars;212

       (5) For each carp apron, one hundred dollars;213

       (6) For one trotline with seventy hooks or less attached214
thereto, twenty dollars;215

       (7) For each trotline, or trotlines, with a total of more216
than seventy hooks attached thereto, one hundred dollars;217

       (8) For each dip net, one hundred dollars.218

       The license fee for other commercial fishing gear not 219
mentioned in this section, as approved by the chief of the 220
division of wildlife, shall be set by the chief with approval of 221
the wildlife council.222

       Commercial fishing gear owned or used by a nonresident may be 223
licensed in this state only if a reciprocal agreement is in effect 224
as provided for in section 1533.352 of the Revised Code.225

       All commercial license fees shall be paid upon application or 226
shall be paid one-fourth upon application with the balance due and 227
owing within ninety days of the date of application, except that 228
those license fees of one hundred dollars or less shall be paid in 229
full at the time of application.230

       (B) Royalty fees are hereby established on the following 231
species of fish when taken commercially: catfish, white bass, and 232
yellow perch.233

       The amount of the royalty fees shall be as follows: on the 234
species taken for which an allowable catch or quota has been235
established by division rule, five cents per pound. On the species 236
taken for which an allowable catch or quota has not been237
established by division rule, two cents per pound.238

       All royalty fees established or provided for in this section 239
shall be paid by the license holder to the division. No person may 240
be issued a commercial fishing license until all royalty fees due 241
from that person for the preceding fishing season have been paid 242
in full. The chief may request the attorney general to recover any 243
royalty fee or amount thereof that is not paid by the opening date 244
of the next fishing season, and the attorney general shall 245
commence appropriate legal proceedings to recover the unpaid fee 246
or amount.247

       All commercial fishing license moneys and all other fees248
collected from commercial fishers shall be deposited in the state 249
treasury in accordance with section 1533.33 of the Revised Code.250

       No person shall fail to comply with any provision of this251
section or a division rule adopted pursuant to it.252

       In addition to other penalties provided in the Revised Code, 253
the license of any person who is convicted of one or more254
violations of this section shall be suspended upon the conviction 255
by operation of law for a period of eighteen fishing season months 256
immediately following the conviction.257

       During any period of suspension, no person shall use or258
engage in fishing with commercial gear owned, used, or controlled259
at the time of conviction by the licensee whose license has been 260
suspended.261

       Sec. 1533.36.  (A) No fishing license issued pursuant to262
section 1533.32 of the Revised Code is transferable, and no263
fishermanfisher shall carry a license that was issued in the name 264
of another person or that does not contain the signature of the 265
agent issuing it.266

       (B) Notwithstanding any other provision in the Revised Code 267
and except as otherwise provided by division rule, a licensee 268
holding a commercial fishing license issued pursuant to section 269
1533.35 of the Revised Code may transfer that license to a person 270
holding a license issued under that section or to a person meeting 271
the qualifications set forth in section 1533.342 of the Revised 272
Code. Such a transfer is subject to all of the following 273
conditions:274

       (1) The transferred license shall not be sold, offered for 275
sale, or bartered to any person.276

       (2) The chief of the division of wildlife, with the approval 277
of the director of natural resources, shall determine if any quota 278
species of fish are transferable with the transferred license. In 279
making the determination, the chief shall use biological, social, 280
and economic data.281

       (3) The transferred license is limited to the type of282
commercial fishing gear for which the original license was283
issued;.284

       (2)(4) The transfer does not affect any other commercial285
fishing license privilege possessed by the transferor, and the286
transferor, as permitted by law, may continue to renew and use any 287
license not transferred ;.288

       (3)(5) Application for the transfer may be made at any time289
and shall be made simultaneously by the transferor and transferee290
on forms provided by the division of wildlife;.291

       (4)(6) When a commercial fishing license is transferred292
during the open commercial fishing season, the transferee may be293
issued a license only upon receipt by the division of payment in294
an amount equal to the annual fees set forth in section 1533.35 of 295
the Revised Code for the type of commercial fishing gear to be296
transferred plus any unpaid fees that have not been paid by the297
transferor at the time of transfer. The division shall not refund 298
fees previously paid by a transferor.299

       (5)(7) A commercial fishing license shall be transferred only300
upon payment to the division of the royalty fees imposed by301
section 1533.35 of the Revised Code that have accrued to the date302
of transfer. Royalty fees that accrue with regard to the license 303
on or after the date of transfer are solely the responsibility of 304
the transferee.305

       (6)(8) A commercial fishing license may be transferred at any306
time, but it shall not be transferred if the license is suspended307
at the time transfer is sought, or if the licensee has been308
charged with a violation that could result in license suspension;.309

       (7)(9) After determining that the transfer of a commercial310
fishing license is proper, the chief of the division of wildlife311
shall effect the transfer by revocation of the license of the312
transferor and simultaneous issuance of the appropriate license to 313
the transferee.314

       Sec. 1533.42.  Except as otherwise provided by division rule, 315
every licensee taking fish with commercial fishing gear, except a 316
trotline of seventy hooks or less, in any of the waters mentioned 317
in this chapter and Chapter 1531. of the Revised Code or division 318
rule, shall keep accurate reports for each day's catch upon forms 319
provided, and in the manner prescribed, by the chief of the 320
division of wildlife.321

       Every commercial fishing licensee shall keep an accurate322
record of each day's catch as prescribed upon a monthlydaily323
report form. The report shall include at least the number of 324
pounds of each kind of fish taken, the localitygrid fished, the 325
kind and amount of fishing gear lifted, the number of fishing 326
nights, the number of lifts, and any other data the biologists 327
employed by the division of wildlife require in following the 328
trend of the fisheries. The licensee shall report each monthday, 329
under oath when requested to do so, those data to the chief.330

       The daily catch data shall be recorded accurately on the331
respective date upon a report form approved by the chief no later332
than twelve noon on the day following the day in which the fish333
were taken. The monthly report and any other report required334
pursuant to this section shall be submitted to the division no 335
later than the fifteenth day of the month following the end of the 336
calendar month in which the fish were takenin a manner and on a 337
form prescribed by the chief in division rule.338

       A licensee shall contact the chief or the chief's designee 339
when the licensee is in transit to the licensee's trap nets to 340
lift, move, pull, remove, clean, or maintain the trap nets for any 341
reason and also shall contact the chief or the chief's designee 342
when returning to land with a daily catch of fish from a trap net 343
indicating the licensee's estimated time of arrival at a specific 344
port and any other information required by the chief. The licensee 345
shall contact the chief or the chief's designee by using a 346
cellular telephone, radio, or other communication device in a 347
manner prescribed by the chief.348

       No person shall fail to comply with any report procedure349
provided for in this section, other provisions of this section, or 350
division rule adopted pursuant thereto.351

       In addition to other penalties provided in the Revised Code, 352
the license of any person who is convicted of two violations of 353
this section that occurred within a twelve-month period is 354
suspended upon the second such conviction by operation of law for 355
a period of sixty fishing season days immediately following that 356
conviction.357

       In addition to other penalties provided in the Revised Code, 358
the license of any person who is convicted of three or more359
violations of this section that occurred within a twelve-month 360
period is suspended upon the third or subsequent such conviction361
by operation of law for a period of eighteen fishing season months362
immediately following that conviction.363

       During any period of suspension, no person shall use or364
engage in fishing with commercial gear owned, used, or controlled365
at the time of conviction by the licensee whose license has been 366
suspended.367

       Sec. 1533.62.  The dimensions and specifications for seines368
provided in this section shall apply except as otherwise provided369
by division rule.370

       Carp, buffalo fish, mullett, suckers, sheepshead, goldfish,371
bowfin, and gizzard shad may be taken with a seine only in the372
bays, marshes, estuaries, or inlets bordering upon, flowing into,373
or in any manner connected with Lake Erie, except in any of these374
waters that are in the Lake Erie fishing district where they may375
be taken with other nets as provided in this chapter and Chapter 376
1531. of the Revised Code. The meshes of one-third of each wing of377
such a seine, next to the brails, shall measure not less than five378
inches stretched mesh, and the meshes of the next one-third of379
each wing shall measure not less than four and one-half inches380
stretched mesh. The balance of the seine shall measure not less381
than four inches stretched mesh. All measurements shall be made on 382
the bar as provided in section 1533.52 of the Revised Code. Such 383
fish may be taken only with the seine prescribed in this section 384
in the Ottawa river, no farther up than the Ann Arbor bridge; in 385
the Maumee river, no farther up than the Toledo Cherry street 386
bridge; in the Portage river and in Portage bay, no farther up 387
than one-half mile west of the junction of the Portage and Little 388
Portage rivers; in the Sandusky river, no farther up than an 389
imaginary line running from the west point of Squaw island 390
straight across Sandusky river to Teal Pond Point, thence straight 391
south to the mainland; in Mud creek and in Mud creek bay, no 392
farther up than an imaginary line running straight across Mud 393
creek at a right angle with the course of the stream one-half mile 394
west of the Mud Creek bridge on Port Clinton road; and in the 395
Lacarpe creek, Little Portage river, Tousaint river, Turtle creek, 396
Crane Creek, and Ward's canal, no farther up than the water level 397
of Lake Erie extends in these streams. No person shall set and 398
leave stationary a seine, net, or other device that will tend to 399
interfere with the free movement of fish into or out of the mouth 400
of any stream flowing into or in any manner connected with Lake 401
Erie, wherein fishing with nets is permitted by law, or up or down 402
any section of such streams. In the Lake Erie fishing district, a 403
smaller mesh may be used in the bag of a seine, but such a small 404
mesh bag shall not exceed three hundred fifty feet in length, of 405
which two hundred feet shall be made of twine with meshes not less 406
than three inches stretched mesh, fishing measure, measured on the 407
bar as provided in section 1533.52 of the Revised Code.408

       No seine shall be used in fishing or had in possession in409
this state of a greater length than three hundred rods.410

       This section does not permit the use of any net in any stream 411
flowing into Lake Erie east of the mouth of Sandusky bay, except a 412
minnow net as provided in section 1533.57 of the Revised Code.413

       No person shall draw, set, place, locate, or maintain any net 414
or seine except a minnow net in that portion of Sandusky bay or 415
Lake Erie lying within the area starting at the northeast end of 416
the Cedar Point jetty, thence on a line drawn straight from the417
northeast end of Cedar Point jetty to Shafer's dock on Marblehead, 418
thence to the western extremity of Johnson's island, thence to the 419
loading dock of the Baltimore and Ohio Railroad, and back to the 420
point of origin.421

       No person shall draw, set, place, locate, or maintain any net 422
except a minnow net in that portion of Sandusky bay lying between 423
Cedar Point and the mainland and east of an imaginary line running 424
straight across Sandusky bay from the extreme west point of Cedar 425
Point to the Baltimore and Ohio elevator dock.426

       No person shall fail to comply with any provisions of this427
section or division rule adopted pursuant thereto.428

       In addition to other penalties provided in the Revised Code429
the license of any person who is convicted of two violations of430
this section that occurred within a twelve-month period is 431
suspended upon the second such conviction by operation of law for432
a period of five fishing days immediately following that433
conviction.434

       In addition to other penalties provided in the Revised Code435
the license of any person who is convicted of three or more436
violations of this section that occurred within a twelve-month 437
period is suspended upon the third or subsequent such conviction438
by operation of law for a period of twenty fishing season days439
immediately following that conviction.440

       During any period of suspension, no person shall use or441
engage in fishing with commercial gear owned, used, or controlled442
at the time of conviction by the licensee whose license has been 443
suspended.444

       Sec. 1533.63.  Except as otherwise provided by division 445
rule, no person shall take, catch, buy, sell, transport, or 446
possess a whitefish less than seventeen inches in length, a 447
sturgeon less than forty-eight inches in length, a catfish less 448
than fourteen and one-half inches in length, a yellow perch less 449
than eight and one-half inches in length, a yellow perch fillet or450
part fillet of not less than five and five-eighths inches in451
length, a headless yellow perch less than six and seven-eighths 452
inches in length, a white bass or white bass hybrid less than 453
eleven inches in length, a headless white bass or white bass 454
hybrid less than eight and three-fourths inches in length, a white 455
bass or white bass hybrid fillet or part thereof less than six and456
one-half inches in length, a bullhead less than nine inches in 457
length, or a cisco less than eleven inches in length, a buffalo 458
fish less than fifteen inches in length, a sucker less than ten 459
inches in length, or a coho less than twenty-five inches in round 460
length or twenty-one and one-half inches when headless. All such 461
fish caught or taken of a weight or length less than that 462
prescribed in this section or as may be provided by the chief of 463
the division of wildlife immediately shall be released with as 464
little injury as possible while the net, seine, trotline, dip net, 465
or other fishing device is being lifted, pulled, or hauled.466

       No person shall release such undersized fish or species467
protected by this chapter and Chapter 1531. of the Revised Code or468
division rule into a privately owned pond, lake, live car, or469
other enclosure. No person shall bring ashore, or possess aboard a470
boat used in commercial fishing when going to or returning from471
nets or other fishing devices, a fish with its head or tail472
removed or in such condition that its length, weight, or species473
cannot be determined.474

       This section does not prohibit the catching, taking, or475
possession of such undersized fish when caught or taken with hook476
and line, other than a commercially licensed trotline, but when477
such fish are so taken, they cannot be bought or sold.478

       No licensed commercial fishers, or person required to have a 479
commercial fishing license under section 1533.34 of the Revised 480
Code, shall take walleye, sauger, whitefish, mooneye, cisco, 481
burbot, sturgeon, and blue pike; brook, brown, rainbow, and lake 482
trout; coho, chinook, and kokanne salmon; or other species483
protected by this chapter and Chapter 1531. of the Revised Code or484
division rule, from Lake Erie or its tributaries or possess such 485
fish aboard a boat used in commercial fishing when going to or 486
returning from nets or other fishing devices. All such fish caught 487
or taken from a commercial fishing device immediately shall be 488
released with as little injury as possible while the fishing 489
device is being lifted, pulled, or hauled.490

       No person shall take, buy, sell, barter, give away, deliver, 491
ship, transport, or possess any package, container, or quantity 492
with more than ten per cent by weight of undersized fish or any 493
other species either round or filleted mentioned in this section 494
or division rule. The entire quantity of fish containing more than 495
ten per cent by weight of undersized fish shall be confiscated 496
along with its containers. No person shall buy, sell, offer for 497
sale, transport, give away, barter, or possess a fish caught or 498
taken out of season or in any manner prohibited or a fish caught 499
or taken unlawfully from waters in or outside the state. All fish 500
brought into the state from another state or country shall be 501
subject to the laws of this state.502

       All fish taken or caught from Ohio waters shall be brought503
into an Ohio port for inspection. No person shall ship, carry,504
transport, or cause to be transported any fish taken or caught505
from Ohio waters directly to a point outside the state.506

       Walleye or sauger originating from outside of this state may 507
be possessed for sale, bought, or sold subject to division rule.508

       No person shall trade, buy, sell, possess, or transport for509
sale walleye or sauger taken from waters in this state.510

       Each person who holds a permit under section 1533.301 or511
1533.631 of the Revised Code shall keep accurate written records512
in the English language of all sales and purchases of freshwater513
fish. The records shall include the name and address of the buyer514
and seller, the name of fish, the amount of fish in pounds, and 515
the date of sale or purchase. Records for trout, bullhead, 516
herring, whitefish, sauger, walleye, yellow perch, white bass, 517
sturgeon, and channel catfish shall be kept on forms provided by 518
the chief. In lieu of keeping the written records concerning sales519
of freshwater fish as required under this section, a permit 520
holder, upon applying to and receiving the approval of the chief,521
may keep the sales information required under this section on 522
normal business records, including, but not limited to, receipts 523
and invoices. All records shall be maintained for at least one 524
year and shall be open to inspection to all division of wildlife 525
officers at all reasonable hours. A buyer who purchases fish for 526
the buyer's own consumption shall not be required to keep records, 527
and persons selling fish for personal consumption shall not be 528
required to record the names and addresses of persons purchasing 529
the fish.530

       No person shall fail to comply with any provision of this531
section or division rule adopted pursuant thereto.532

       In addition to other penalties provided in the Revised Code, 533
the license of any person who is convicted of two violations of 534
this section, other than those relating to ten per cent by weight 535
of undersized fish, that occurred within a twelve-month period, is 536
suspended upon the second such conviction by operation of law for 537
a period of sixty fishing season days immediately following that 538
conviction.539

       In addition to other penalties provided in the Revised Code, 540
the license of any person who is convicted of three or more541
violations of this section, other than those relating to ten per542
cent by weight of undersized fish, that occurred within a 543
twelve-month period is suspended upon the third or subsequent 544
such conviction by operation of law for a period of eighteen 545
fishing season months immediately following that conviction.546

       In addition to other penalties provided in the Revised Code, 547
the license or permit of any person who is convicted of two548
violations of this section relating to walleye or sauger is549
suspended upon the second such conviction by operation of law for 550
a period of twenty days immediately following that conviction.551

       In addition to other penalties provided in the Revised Code, 552
the license or permit of any person who is convicted of three 553
violations of this section relating to walleye or sauger is554
suspended upon the third such conviction by operation of law for a 555
period of sixty days immediately following that conviction.556

       In addition to other penalties provided in the Revised Code, 557
any person who is convicted of four violations of this section 558
relating to walleye or sauger imported from without the state that 559
occurred within a period of thirty-six months is prohibited upon 560
the fourth such conviction by operation of law from transporting, 561
buying, selling, or dealing in walleye and sauger for a period of 562
sixty months immediately following that conviction.563

       In addition to other penalties provided in the Revised Code, 564
the license or permit of any person who is convicted of four 565
violations of this section relating to walleye or sauger, other 566
than walleye or sauger imported from without the state, is revoked 567
upon the fourth such conviction by operation of law, and the568
person is permanently barred from obtaining another license or569
permit of the type revoked.570

       In addition to other penalties provided in the Revised Code, 571
the license of any person who is convicted of three or more572
violations of this section relating to ten per cent by weight of573
undersized fish that occurred within a twelve-month period is 574
suspended upon the third or subsequent such conviction by 575
operation of law for a period of twenty fishing season days 576
immediately following that conviction.577

       During any period of suspension or revocation, no person578
shall use or engage in fishing with commercial gear owned, used,579
or controlled at the time of conviction by the licensee whose580
license or permit has been suspended or revoked.581

       As used in this section, "sale of fish" includes, but is not 582
limited to, fish sold in the round or part thereof and fish sold 583
as part of a meal or service, but does not include canned fish.584

       For purposes of determining any license or permit suspension 585
or revocation required by this section, multiple convictions 586
resulting from violations of this section that occurred at the 587
same time, on the same day, and at the same location, are deemed 588
to be a single conviction of one violation.589

       Sec. 1533.631.  Any person may apply for a permit to handle590
commercial fish, or other fish that may be bought or sold under591
the Revised Code or division rule, at wholesale. Prior to making 592
application for such a permit, a person first shall satisfy the 593
following qualifications to the satisfaction of the chief of the 594
division of wildlife: over eighteen years of age, no prior 595
conviction of or plea of guilty to a felony concerning commercial 596
fishing activities for a violation of state or federal law, and 597
ninety days Ohio residency immediately preceding application. The 598
chief of the division of wildlife shall issue an annual permit 599
granting the applicant the privilege to handle such fish at 600
wholesale at one or more designated premises upon satisfaction of 601
the pre-application qualifications, filing of an application on a 602
form prescribed by the chief, and payment of a fee of sixty-five 603
dollars. No person or a person's agent shall handle at wholesale 604
any fresh water fish or part thereof unless a permit has been 605
issued for the calendar year in which the fish is handled at 606
wholesale for the premises at which the fish is handled.607

       A fish is handled at wholesale for purposes of this section608
when it is on a premises within the state and is being held,609
stored, handled, or processed for the purpose of sale to a person610
who ordinarily resells the fish.611

       The permit required by this section shall be issued subject612
to the right of entry and inspection of the designated premises of 613
the permittee by any law enforcement officer authorized by section 614
1531.13 of the Revised Code to enforce the laws and rules of the615
division of wildlife. Such an officer may enter and inspect the 616
designated premises and any box, package, or receptacle, and the 617
contents thereof, for the purpose of determining whether any 618
provision of this chapter or Chapter 1531. of the Revised Code or 619
division rule is being violated.620

       No person holding a permit under this section shall remove a 621
label required by section 1533.301 of the Revised Code unless the 622
box, package, or receptacle bearing the label has been opened or 623
unless the label is replaced with another label that meets the 624
requirements of that section.625

       No person shall fail to comply with any provision of this626
section or division rule adopted pursuant to it.627

       In addition to other penalties provided in the Revised Code,628
the permit of any person who is convicted of two violations of629
this section that occurred within a twelve-month period is 630
suspended upon the second such conviction by operation of law for631
a period of five fishing season days immediately following that 632
conviction.633

       In addition to other penalties provided in the Revised Code,634
the permit of any person who is convicted of three or more635
violations of this section that occurred within a twelve-month 636
period is suspended upon the third or subsequent such conviction637
by operation of law for a period of twenty fishing season days638
immediately following that conviction.639

       During any period of suspension, no person shall use or640
engage in handling commercial fish at wholesale with equipment or641
facilities owned, used, or controlled at the time of conviction by 642
the permittee whose permit has been suspended.643

       Sec. 1533.64.  Fish lawfully confined in a net, or by a644
device authorized by law, are the property of the owner or person645
operating the net or other device, and no person other than the646
owner or person in control of the net or other device shall take647
or catch from it or possess a fish that is or has been so648
confined. Each fish taken from and each fish had in possession649
that was taken from any net or other device legally operated in650
any of the waters of this state by any person other than the owner 651
or histhe owner's agent operating the net or other device652
constitutes a separate offense.653

       No person shall fail to comply with this section or a 654
division rule adopted pursuant thereto.655

       In addition to other penalties provided in the Revised Code,656
the license of any person who is convicted of two violations of657
this section that occurred within a twelve-month period is 658
suspended upon the second such conviction by operation of law for659
a period of sixty fishing season days immediately following that 660
conviction.661

       In addition to other penalties provided in the Revised Code,662
the license of any person who is convicted of three or more663
violations of this section that occurred within a twelve-month 664
period is suspended upon the third or subsequent such conviction665
by operation of law for a period of eighteen fishing season months666
immediately following that conviction.667

       During any period of suspension, no person shall use or668
engage in fishing with commercial gear owned, used, or controlled669
at the time of conviction by the licensee whose license has been 670
suspended.671

       Sec. 1533.641. (A) If a person is convicted of or pleads 672
guilty to a felony related to commercial fishing activities for a 673
violation of state or federal law, all commercial fishing licenses 674
issued under section 1533.35 of the Revised Code and all permits 675
to handle commercial fish or other fish at wholesale issued under 676
section 1533.631 of the Revised Code to that person are 677
permanently revoked by operation of law.678

       (B)(1) If a commercial fishing licensee, such a licensee's 679
authorized representative, a person that has been issued a permit 680
under section 1533.631 of the Revised Code to handle commercial 681
fish or other fish at wholesale, or such a permittee's authorized 682
representative is convicted of or pleads guilty to a violation of 683
section 1533.341, 1533.343, 1533.41, 1533.42, 1533.62, 1533.63, 684
1533.631, or 1533.64 of the Revised Code or any division rule 685
pertaining to those sections, the licensee's license or the 686
permittee's permit, as applicable, shall be suspended for a period 687
of fifteen fishing season days. Not later than seven days after 688
receipt of a notification under division (F) of this section, the 689
chief of the division of wildlife shall suspend the license or 690
permit.691

       (2) If a person is convicted of or pleads guilty to a second 692
violation of a section of the Revised Code that is listed in 693
division (B)(1) of this section or any division rule pertaining to 694
those sections within ten years after being convicted of or 695
pleading guilty to the first violation, the applicable licensee's 696
license or permittee's permit shall be suspended for a period of 697
thirty fishing season days. Not later than seven days after 698
receipt of a notification under division (F) of this section, the 699
chief shall suspend the license or permit.700

       (3) If a person is convicted of or pleads guilty to a third 701
violation of a section of the Revised Code that is listed in 702
division (B)(1) of this section or any division rule pertaining to 703
those sections within ten years after being convicted of or 704
pleading guilty to the first violation, the applicable licensee's 705
license or permittee's permit shall be permanently revoked. Not 706
later than seven days after receipt of a notification under 707
division (F) of this section, the chief shall revoke the license 708
or permit.709

       (C) During any period of suspension of a license or permit 710
under this section, no person shall use or engage in fishing with 711
commercial gear, or in handling commercial fish or other fish at 712
wholesale with equipment, owned, used, or controlled at the time 713
of conviction or plea by the licensee or the licensee's authorized 714
representative or by the permittee or the permittee's authorized 715
representative, as applicable.716

       (D) A person whose license has been suspended by operation of 717
law pursuant to any provision of this chapter or Chapter 1531. of 718
the Revised Code or division rule is not eligible to apply for or 719
receive a new commercial fishing license issued under section 720
1533.35 of the Revised Code or a permit to handle commercial fish 721
or other fish at wholesale issued under section 1533.631 of the 722
Revised Code during the period of the suspension.723

       (E) For purposes of determining a license or permit 724
suspension or revocation for a violation of section 1533.63 of the 725
Revised Code, multiple convictions resulting from violations of 726
that section that occurred at the same time, on the same day, and 727
at the same location are deemed to be a single conviction of one 728
violation.729

       (F) The clerk of the court before which a person is convicted 730
of or pleads guilty to a violation of state or federal law as 731
described in division (A) of this section or a section of the 732
Revised Code that is listed in division (B)(1) of this section or 733
any division rule pertaining to those sections shall send written 734
notification to the chief of the conviction or plea together with 735
the person's name and address not later than ten days after the 736
date of conviction or plea.737

       Sec. 2953.32.  (A)(1) Except as provided in section 2953.61738
of the Revised Code, a first offender may apply to the sentencing739
court if convicted in this state, or to a court of common pleas if740
convicted in another state or in a federal court, for the sealing741
of the conviction record. Application may be made at the742
expiration of three years after the offender's final discharge if743
convicted of a felony, or at the expiration of one year after the744
offender's final discharge if convicted of a misdemeanor.745

       (2) Any person who has been arrested for any misdemeanor746
offense and who has effected a bail forfeiture may apply to the747
court in which the misdemeanor criminal case was pending when bail748
was forfeited for the sealing of the record of the case. Except as 749
provided in section 2953.61 of the Revised Code, the application 750
may be filed at any time after the expiration of one year from the 751
date on which the bail forfeiture was entered upon the minutes of 752
the court or the journal, whichever entry occurs first.753

       (B) Upon the filing of an application under this section, the 754
court shall set a date for a hearing and shall notify the755
prosecutor for the case of the hearing on the application. The756
prosecutor may object to the granting of the application by filing757
an objection with the court prior to the date set for the hearing.758
The prosecutor shall specify in the objection the reasons for759
believing a denial of the application is justified. The court760
shall direct its regular probation officer, a state probation761
officer, or the department of probation of the county in which the762
applicant resides to make inquiries and written reports as the763
court requires concerning the applicant.764

       (C)(1) The court shall do each of the following:765

       (a) Determine whether the applicant is a first offender or766
whether the forfeiture of bail was agreed to by the applicant and767
the prosecutor in the case. If the applicant applies as a first768
offender pursuant to division (A)(1) of this section and has two769
or three convictions that result from the same indictment,770
information, or complaint, from the same plea of guilty, or from771
the same official proceeding, and result from related criminal772
acts that were committed within a three-month period but do not773
result from the same act or from offenses committed at the same774
time, in making its determination under this division, the court775
initially shall determine whether it is not in the public interest776
for the two or three convictions to be counted as one conviction.777
If the court determines that it is not in the public interest for778
the two or three convictions to be counted as one conviction, the779
court shall determine that the applicant is not a first offender;780
if the court does not make that determination, the court shall781
determine that the offender is a first offender.782

       (b) Determine whether criminal proceedings are pending783
against the applicant;784

       (c) If the applicant is a first offender who applies pursuant 785
to division (A)(1) of this section, determine whether the786
applicant has been rehabilitated to the satisfaction of the court;787

       (d) If the prosecutor has filed an objection in accordance788
with division (B) of this section, consider the reasons against789
granting the application specified by the prosecutor in the790
objection;791

       (e) Weigh the interests of the applicant in having the792
records pertaining to the applicant's conviction sealed against793
the legitimate needs, if any, of the government to maintain those794
records.795

       (2) If the court determines, after complying with division796
(C)(1) of this section, that the applicant is a first offender or797
the subject of a bail forfeiture, that no criminal proceeding is798
pending against the applicant, and that the interests of the799
applicant in having the records pertaining to the applicant's800
conviction or bail forfeiture sealed are not outweighed by any801
legitimate governmental needs to maintain those records, and that802
the rehabilitation of an applicant who is a first offender803
applying pursuant to division (A)(1) of this section has been804
attained to the satisfaction of the court, the court, except as805
provided in division (G) of this section, shall order all official806
records pertaining to the case sealed and, except as provided in807
division (F) of this section, all index references to the case808
deleted and, in the case of bail forfeitures, shall dismiss the809
charges in the case. The proceedings in the case shall be810
considered not to have occurred and the conviction or bail811
forfeiture of the person who is the subject of the proceedings812
shall be sealed, except that upon conviction of a subsequent813
offense, the sealed record of prior conviction or bail forfeiture814
may be considered by the court in determining the sentence or815
other appropriate disposition, including the relief provided for816
in sections 2953.31 to 2953.33 of the Revised Code.817

       (3) Upon the filing of an application under this section, the 818
applicant, unless indigent, shall pay a fee of fifty dollars. The 819
court shall pay thirty dollars of the fee into the state treasury. 820
It shall pay twenty dollars of the fee into the county general 821
revenue fund if the sealed conviction or bail forfeiture was 822
pursuant to a state statute, or into the general revenue fund of 823
the municipal corporation involved if the sealed conviction or824
bail forfeiture was pursuant to a municipal ordinance.825

       (D) Inspection of the sealed records included in the order826
may be made only by the following persons or for the following827
purposes:828

       (1) By a law enforcement officer or prosecutor, or the829
assistants of either, to determine whether the nature and830
character of the offense with which a person is to be charged831
would be affected by virtue of the person's previously having been832
convicted of a crime;833

       (2) By the parole or probation officer of the person who is834
the subject of the records, for the exclusive use of the officer835
in supervising the person while on parole or under a community 836
control sanction or a post-release control sanction, and in making 837
inquiries and written reports as requested by the court or adult 838
parole authority;839

       (3) Upon application by the person who is the subject of the840
records, by the persons named in the application;841

       (4) By a law enforcement officer who was involved in the842
case, for use in the officer's defense of a civil action arising843
out of the officer's involvement in that case;844

       (5) By a prosecuting attorney or the prosecuting attorney's845
assistants, to determine a defendant's eligibility to enter a846
pre-trial diversion program established pursuant to section847
2935.36 of the Revised Code;848

       (6) By any law enforcement agency or any authorized employee849
of a law enforcement agency or by the department of rehabilitation850
and correction as part of a background investigation of a person851
who applies for employment with the agency as a law enforcement852
officer or with the department as a corrections officer;853

       (7) By any law enforcement agency or any authorized employee854
of a law enforcement agency, for the purposes set forth in, and in855
the manner provided in, section 2953.321 of the Revised Code;856

       (8) By the bureau of criminal identification and857
investigation or any authorized employee of the bureau for the858
purpose of providing information to a board or person pursuant to859
division (F) or (G) of section 109.57 of the Revised Code;860

       (9) By the bureau of criminal identification and861
investigation or any authorized employee of the bureau for the862
purpose of performing a criminal history records check on a person863
to whom a certificate as prescribed in section 109.77 of the864
Revised Code is to be awarded;865

       (10) By the bureau of criminal identification and 866
investigation, an authorized employee of the bureau, a sheriff, or 867
an authorized employee of a sheriff in connection with a criminal 868
records check described in section 311.41 of the Revised Code;869

       (11) By the chief of the division of wildlife in the 870
department of natural resources or any authorized employee of the 871
division for the issuance or renewal of a commercial fishing 872
license under section 1533.34 or 1533.342 of the Revised Code or 873
for the issuance of a permit to handle commercial fish or other 874
fish at wholesale under section 1533.631 of the Revised Code.875

       When the nature and character of the offense with which a876
person is to be charged would be affected by the information, it877
may be used for the purpose of charging the person with an878
offense.879

       (E) In any criminal proceeding, proof of any otherwise880
admissible prior conviction may be introduced and proved,881
notwithstanding the fact that for any such prior conviction an882
order of sealing previously was issued pursuant to sections883
2953.31 to 2953.36 of the Revised Code.884

       (F) The person or governmental agency, office, or department885
that maintains sealed records pertaining to convictions or bail886
forfeitures that have been sealed pursuant to this section may887
maintain a manual or computerized index to the sealed records. The888
index shall contain only the name of, and alphanumeric identifiers889
that relate to, the persons who are the subject of the sealed890
records, the word "sealed," and the name of the person, agency,891
office, or department that has custody of the sealed records, and892
shall not contain the name of the crime committed. The index shall893
be made available by the person who has custody of the sealed894
records only for the purposes set forth in divisions (C), (D), and895
(E) of this section.896

       (G) Notwithstanding any provision of this section or section897
2953.33 of the Revised Code that requires otherwise, a board of898
education of a city, local, exempted village, or joint vocational899
school district that maintains records of an individual who has900
been permanently excluded under sections 3301.121 and 3313.662 of901
the Revised Code is permitted to maintain records regarding a902
conviction that was used as the basis for the individual's903
permanent exclusion, regardless of a court order to seal the904
record. An order issued under this section to seal the record of a 905
conviction does not revoke the adjudication order of the906
superintendent of public instruction to permanently exclude the907
individual who is the subject of the sealing order. An order908
issued under this section to seal the record of a conviction of an909
individual may be presented to a district superintendent as910
evidence to support the contention that the superintendent should911
recommend that the permanent exclusion of the individual who is912
the subject of the sealing order be revoked. Except as otherwise913
authorized by this division and sections 3301.121 and 3313.662 of914
the Revised Code, any school employee in possession of or having915
access to the sealed conviction records of an individual that were916
the basis of a permanent exclusion of the individual is subject to917
section 2953.35 of the Revised Code.918

       Section 2. That existing sections 1533.34, 1533.341, 919
1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, 920
1533.64, and 2953.32 of the Revised Code are hereby repealed.921

       Section 3. It is the intent of the General Assembly, by 922
amending sections 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 923
1533.42, 1533.62, 1533.63, 1533.631, 1533.64, and 2953.32 and 924
enacting sections 1533.343 and 1533.641 of the Revised Code in 925
this act, to protect the resources of Lake Erie and provide for 926
the reasonable regulation of commercial fishing and not to 927
eliminate commercial fishing in this state.928