As Reported by the House Agriculture and Natural Resources Committee

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 

Representatives Aslanides, Distel 

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A BILL

To amend sections 1531.10, 1533.34, 1533.341,

1

1533.342, 1533.35, 1533.36, 1533.42, 1533.62,

2

1533.63, 1533.631, and 1533.64 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 and to create the Ohio Lake Erie Fishing

6

Regulatory Reform Task Force to evaluate certain

7

fisheries management practices with respect to

8

Lake Erie and to make recommendations to the

9

General Assembly and the Division of Wildlife in

10

the Department of Natural Resources regarding

11

statutory, rulemaking, and regulatory changes.

12

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

Section 1. That sections 1531.10, 1533.34, 1533.341,	13
1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631,	14
and 1533.64 be amended and sections 1533.343 and 1533.641 of the	15
Revised Code be enacted to read as follows:	16

Sec. 1531.10.  In accordance with Chapter 119. of the Revised	17
Code, the chief of the division of wildlife shall adopt, and may	18
amend and rescind, rules that are necessary for the administration	19
and enforcement of this chapter and Chapter 1533. of the Revised	20
Code. Each such rule shall be given publicity by advertising or	21
otherwise as the chief considers necessary or expedient. With	22
respect to any proposed adoption of or change to a rule that	23
regulates the taking of commercial fish or establishes related	24
provisions, the chief shall provide, by certified mail,	25
notification of the proposal to each holder of a valid commercial	26
fishing license issued under section 1533.35 of the Revised Code.	27
As long as a rule of the division of wildlife remains in effect, a	28
copy of it shall be included and printed in any authorized	29
compilation of the division lawbook. All such rules shall be under	30
the seal of the division and shall bear the signature, or a	31
facsimile thereof, of the chief.	32

Sec. 1533.34.  No person shall use or operate, for the	33
purpose of taking fish, a boat, net, or device other than a minnow	34
net or hook and line with bait or lure, in any of the waters of	35
the state wherein fishing with nets is licensed by law, without a	36
license for that gear from the chief of the division of wildlife.	37
The application for a license and all licenses required by section	38
1533.35 of the Revised Code shall be in such form as the chief	39
prescribes.	40

When a person applies to the chief for a license, the chief,	41
upon receiving the proper fees, may issue the license if the	42
person satisfies the qualifications established in division (C) of	43
section 1533.342 of the Revised Code and the chief receives the	44
proper fees. Upon proof of violation of this section, the chief	45
may refuse to issue or renew any license. A license shall remain	46
in force and entitle the holder thereof to fish as permitted by	47
law from the date of issuance to and including the last day of the	48
season for which the license was issued. The license shall be	49
carried by the operator of a boat, net, or other device while the	50
boat, net, or other device is being used in fishing and shall be	51
exhibited on demand to any wildlife officer, constable, sheriff,	52
deputy sheriff, or other police officer, or the chief. No licensee	53
shall fail to exhibit the license on demand to any proper officer.	54
Each boat, net, or other device used in fishing contrary to this	55
section and each net or other device used or operated without	56
having the metal license tag attached thereto as provided by law	57
constitutes a separate offense.	58

Nonresident commercial fishermenfishers and their fishing	59
gear shall not be licensed to fish in this state unless a	60
reciprocal agreement is in force. A resident who purchases	61
commercial fishing gear from out of state, or purchases a boat	62
that has been registered less than a year in the state, shall give	63
bona fide evidence of ownership of at least fifty-one per cent of	64
the boat or gear whenever requested to do so by the chief or his	65
the chief's designated representative.	66

No person shall fail to comply with any provision of this	67
section or division rules adopted pursuant thereto.	68

Sec. 1533.341.  The chief of the division of wildlife with	69
the approval of the wildlife council, in managing the Lake Erie	70
fishery resources, may utilize and establish by division rule a	71
quota management system that shall consist of determining on a	72
scientific basis by species and number or pounds the maximum	73
allowable annual taking of those fishery resources or part thereof	74
in order to prevent over exploitation of any species and assure	75
the conservation and wise use of all species, and the	76
determination on an equitable basis of the distribution of that	77
maximum allowable annual taking between and within the sport and	78
commercial interestsfisheries.	79

The chief and the council, in determining and establishing	80
the apportionment of the maximum allowable annual taking of a	81
species between the sport and commercial interestsfisheries,	82
shall be guided by the proportional sport and commercial taking of	83
the species during the immediately preceding five years and other	84
pertinent scientific, economic, and social data.	85

The chief and the council, in determining the distribution of	86
the apportionment within the commercial industryfishery, also	87
shall consider the proportional commercial taking of the species	88
within the commercial industry during the immediately preceding	89
five years and other pertinent scientific, economic, and social	90
data.	91

No person shall fail to comply with any quota set pursuant to	92
this section, other provisions of this section, or division rule	93
adopted pursuant thereto.	94

In addition to other penalties provided in the Revised Code,	95
the license of any person who is convicted of two violations of	96
this section that occurred within a twelve-month period is	97
suspended upon the second such conviction by operation of law for	98
a period of sixty fishing season days immediately following that	99
conviction.	100

In addition to other penalties provided in the Revised Code,	101
the license of any person who is convicted of three or more	102
violations of this section that occurred within a twelve-month	103
period is suspended upon the third or subsequent such conviction	104
by operation of law for a period of eighteen fishing season months	105
immediately following that conviction.	106

During any period of suspension, no person shall use or	107
engage in fishing with commercial gear owned, used, or controlled	108
at the time of conviction by the licensee whose license has been	109
suspended.	110

Any person whose license has been suspended or revoked by	111
operation of law pursuant to any provision of this chapter or	112
Chapter 1531. of the Revised Code is not eligible to apply for or	113
receive a new license during the period of the suspension or	114
revocation.	115

No person who holds a commercial fishing license issued under	116
section 1533.35 of the Revised Code and who uses trap nets shall	117
harvest a quantity of yellow perch that is in excess of the amount	118
of yellow perch that is allocated for the person's commercial	119
fishing license in accordance with the quota set pursuant to this	120
section. In addition, no person who holds a commercial fishing	121
license and no employee of such a person shall possess at the same	122
time on a boat on the waters of Lake Erie any yellow perch that	123
have been taken from more than one statistical district	124
established under division rule for the purpose of implementing	125
the quota set pursuant to this section.	126

Sec. 1533.342. (A) The chief of the division of wildlife,	127
with the approval of the wildlife council, may limit the type and	128
number of commercial fishing licenses to be issued for fishing in	129
the Lake Erie fishing district and other water wherein nets are	130
licensed by law, except that such limitations shall not prohibit	131
any person who was issued an Ohio commercial fishing license in	132
the prior fishing season from being issued, upon satisfaction of	133
the qualifications established in division (C) of this section and	134
proper application, a license of the same type for the current	135
fishing season unless the issuance of such a license is prohibited	136
by this chapter or Chapter 1531. of the Revised Code or division	137
rule.	138

In limiting the number and type of licenses, the chief and	139
the council shall give consideration to the number and type of	140
licenses needed to harvest the fish determined to be harvestable;	141
the capacity of the boats and characteristics of the equipment	142
owned or used by the applicant; and any other facts or data	143
relating to the protection, preservation, management, and	144
utilization of fish species in a biologically sound manner.	145

(B) The chief, in prescribing forms for license applications,	146
may require the applicant to list information relating to the kind	147
and condition of boats and fishing equipment proposed to be used	148
by the applicant, port or ports of entry, years of commercial	149
fishing experience, quantity and kinds of fish taken during the	150
previous five years, conviction records relating to Chapter 1531.	151
and this chapter of the Revised Code and division rules, and any	152
other facts the chief determines necessary to assist himthe chief	153
in determining whether or not the applicant may engage in	154
commercial fishing in accordance with those chapters and division	155
rules. All questions shall be answered fully and completely by the	156
applicant. The application shall be sworn to and signed by the	157
applicant before a person authorized to administer oaths.	158

(C) Any person, other than persons licensed during the prior	159
fishing season, prior to making application for an Ohio commercial	160
fishing license, first shall satisfy the following qualifications	161
to the satisfaction of the chief: over eighteen years of age; no	162
prior conviction of or plea of guilty on or after the effective	163
date of this amendment to a felony concerning commercial fishing	164
activities for a violation of state or federal law; ninety days	165
Ohio residency immediately preceding application; two years	166
commercial fishing gear experience or holder of an Ohio commercial	167
license of another gear; and posting of a one thousand dollar	168
performance bond or cash deposit in a like amount. In the event	169
the person does not meet these pre-application qualifications or	170
does meet those qualifications, but a license is not granted, the	171
bond or cash deposit immediately shall be returned by the	172
division. In the event the person is granted a license, the bond	173
or cash deposit shall be held by the division during the term of	174
the license.	175

(D) In determining the terms and conditions of any commercial	176
fishing license, the chief, with the approval of the wildlife	177
council, may do both of the following:	178

(A)(1) Fix by species, the weight, number, or size of fish to	179
be taken;	180

(B)(2) Specify the home port and up to two alternate ports at	181
which the licensee shall land histhe licensee's catch, as listed	182
on the licensee's application.	183

(E) Any wildlife officer, or other division employee	184
designated by the chief to inspect commercial fishing operations,	185
may enter upon any property used, owned, or leased by the holder	186
of a commercial fishing license and may inspect any boat, net,	187
seine, or other equipment used in commercial fishing; any building	188
or premises used to hold, store, repair, or build commercial	189
fishing gear or equipment; and any building or premises used in	190
boxing, storing, or processing fish. No person shall assault,	191
threaten, abuse, or interfere with any wildlife officer or	192
designated inspector when carrying out an inspection under	193
authority of this section, nor shall any person prohibit such an	194
inspection.	195

(F) No person shall fail to comply with this section or a	196
division rule adopted pursuant thereto.	197

(G) No person having been issued a commercial fishing license	198
shall fail to comply with all terms, specifications, and	199
conditions set forth in the license.	200

(H)(1) In addition to other penalties provided in the Revised	201
Code, the license of any person who is convicted of assaulting,	202
threatening, abusing, or interfering with any person inspecting by	203
authority of this section is suspended upon such conviction by	204
operation of law for a period of eighteen fishing season months	205
immediately following that conviction.	206

(2) In addition to other penalties provided in the Revised	207
Code, the license of any person who is convicted of two violations	208
of provisions of this section relating to inspection or terms and	209
conditions of any commercial fishing license that occurred within	210
a twelve-month period is suspended upon the second such conviction	211
by operation of law for a period of sixty fishing season days	212
immediately following that conviction.	213

(3) In addition to other penalties provided in the Revised	214
Code, the license of any person who is convicted of three or more	215
violations of provisions of this section relating to inspection or	216
terms and conditions of any commercial fishing licenses that	217
occurred within a twelve-month period is suspended upon the third	218
or subsequent such conviction by operation of law for a period of	219
eighteen fishing season months immediately following that	220
conviction.	221

(I) During any period of suspension, no person shall use or	222
engage in fishing with commercial gear owned, used, or controlled	223
at the time of conviction by the licensee whose license has been	224
suspended.	225

Sec. 1533.343. On and after March 1, 2008, no commercial	226
fishing licensee shall use or engage in fishing with commercial	227
gear unless the licensee uses vessel and catch monitoring devices	228
in accordance with requirements and procedures established by the	229
chief of the division of wildlife. The chief shall establish	230
requirements and procedures concerning vessel and catch monitoring	231
devices by division rule. A licensee shall pay the costs of	232
purchasing, installing, and maintaining the devices.	233

Sec. 1533.35.  (A) Commercial fishing devices shall be	234
annually licensed as follows:	235

(1) Trap and fyke nets, for the first twenty nets or any	236
portion thereof, eight hundred dollars; and for each additional	237
group of ten such nets or any portion thereof, four hundred	238
dollars;	239

(2) For each seine of one hundred fifty rods or less in	240
length other than an inland fishing district seine, four hundred	241
dollars;	242

(3) For each seine over one hundred fifty rods in length	243
other than an inland fishing district seine, six hundred dollars;	244

(4) For each inland fishing district seine, one hundred	245
dollars;	246

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

247

(6) For one trotline with seventy hooks or less attached	248
thereto, twenty dollars;	249

(7) For each trotline, or trotlines, with a total of more	250
than seventy hooks attached thereto, one hundred dollars;	251

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

252

The license fee for other commercial fishing gear not	253
mentioned in this section, as approved by the chief of the	254
division of wildlife, shall be set by the chief with approval of	255
the wildlife council.	256

Commercial fishing gear owned or used by a nonresident may be	257
licensed in this state only if a reciprocal agreement is in effect	258
as provided for in section 1533.352 of the Revised Code.	259

All commercial license fees shall be paid upon application or	260
shall be paid one-fourth upon application with the balance due and	261
owing within ninety days of the date of application, except that	262
those license fees of one hundred dollars or less shall be paid in	263
full at the time of application.	264

(B) Royalty fees are hereby established on the following	265
species of fish when taken commercially: catfish, white bass, and	266
yellow perch.	267

The amount of the royalty fees shall be as follows: on the	268
species taken for which an allowable catch or quota has been	269
established by division rule, five cents per pound. On the species	270
taken for which an allowable catch or quota has not been	271
established by division rule, two cents per pound.	272

All royalty fees established or provided for in this section	273
shall be paid by the license holder to the division. No person may	274
be issued a commercial fishing license until all royalty fees due	275
from that person for the preceding fishing season have been paid	276
in full. The chief may request the attorney general to recover any	277
royalty fee or amount thereof that is not paid by the opening date	278
of the next fishing season, and the attorney general shall	279
commence appropriate legal proceedings to recover the unpaid fee	280
or amount.	281

All commercial fishing license moneys and all other fees	282
collected from commercial fishers shall be deposited in the state	283
treasury in accordance with section 1533.33 of the Revised Code.	284

No person shall fail to comply with any provision of this	285
section or a division rule adopted pursuant to it.	286

In addition to other penalties provided in the Revised Code,	287
the license of any person who is convicted of one or more	288
violations of this section shall be suspended upon the conviction	289
by operation of law for a period of eighteen fishing season months	290
immediately following the conviction.	291

During any period of suspension, no person shall use or	292
engage in fishing with commercial gear owned, used, or controlled	293
at the time of conviction by the licensee whose license has been	294
suspended.	295

Sec. 1533.36.  (A) No fishing license issued pursuant to	296
section 1533.32 of the Revised Code is transferable, and no	297
fishermanfisher shall carry a license that was issued in the name	298
of another person or that does not contain the signature of the	299
agent issuing it.	300

(B) Notwithstanding any other provision in the Revised Code	301
and except as otherwise provided by division rule, a licensee	302
holding a commercial fishing license issued pursuant to section	303
1533.35 of the Revised Code may transfer that license to a person	304
holding a license issued under that section or to a person meeting	305
the qualifications set forth in section 1533.342 of the Revised	306
Code. Such a transfer is subject to all of the following	307
conditions:	308

(1) The transferred license shall not be sold, offered for	309
sale, or bartered to any person.	310

(2) The chief of the division of wildlife, with the approval	311
of the director of natural resources, shall determine if any quota	312
species of fish are transferable with the transferred license. In	313
making the determination, the chief shall use biological, social,	314
and economic data.	315

(3) The transferred license is limited to the type of	316
commercial fishing gear for which the original license was	317
issued;.	318

(2)(4) The transfer does not affect any other commercial	319
fishing license privilege possessed by the transferor, and the	320
transferor, as permitted by law, may continue to renew and use any	321
license not transferred ;.	322

(3)(5) Application for the transfer may be made at any time	323
and shall be made simultaneously by the transferor and transferee	324
on forms provided by the division of wildlife;.	325

(4)(6) When a commercial fishing license is transferred	326
during the open commercial fishing season, the transferee may be	327
issued a license only upon receipt by the division of payment in	328
an amount equal to the annual fees set forth in section 1533.35 of	329
the Revised Code for the type of commercial fishing gear to be	330
transferred plus any unpaid fees that have not been paid by the	331
transferor at the time of transfer. The division shall not refund	332
fees previously paid by a transferor.	333

(5)(7) A commercial fishing license shall be transferred only	334
upon payment to the division of the royalty fees imposed by	335
section 1533.35 of the Revised Code that have accrued to the date	336
of transfer. Royalty fees that accrue with regard to the license	337
on or after the date of transfer are solely the responsibility of	338
the transferee.	339

(6)(8) A commercial fishing license may be transferred at any	340
time, but it shall not be transferred if the license is suspended	341
at the time transfer is sought, or if the licensee has been	342
charged with a violation that could result in license suspension;.	343

(7)(9) After determining that the transfer of a commercial	344
fishing license is proper, the chief of the division of wildlife	345
shall effect the transfer by revocation of the license of the	346
transferor and simultaneous issuance of the appropriate license to	347
the transferee.	348

Sec. 1533.42.  Except as otherwise provided by division rule,	349
every licensee taking fish with commercial fishing gear, except a	350
trotline of seventy hooks or less, in any of the waters mentioned	351
in this chapter and Chapter 1531. of the Revised Code or division	352
rule, shall keep accurate reports for each day's catch upon forms	353
provided, and in the manner prescribed, by the chief of the	354
division of wildlife. The reports shall be open for inspection by	355
a wildlife officer at all reasonable hours.	356

Every commercial fishing licensee shall keep an accurate	357
record of each day's catch as prescribed upon a monthlydaily	358
report form. The report shall include at least the number of	359
pounds of each kind of fish taken, the localitygrid fished, the	360
kind and amount of fishing gear lifted, the number of fishing	361
nights, the number of lifts, and any other data the biologists	362
employed by the division of wildlife require in following the	363
trend of the fisheries. The licensee shall report each monthday,	364
under oath when requested to do so, those data to the chief.	365

The daily catch data shall be recorded accurately on the	366
respective date upon a report form approved by the chief no later	367
than twelve noon on the day following the day in which the fish	368
were taken. The monthly report and any other report required	369
pursuant to this section shall be submitted to the division no	370
later than the fifteenth day of the month following the end of the	371
calendar month in which the fish were takenin a manner and on a	372
form prescribed by the chief in division rule.	373

A licensee shall contact the chief or the chief's designee	374
when the licensee is in transit to the licensee's trap nets to	375
lift, move, pull, remove, clean, or maintain the trap nets for any	376
reason and also shall contact the chief or the chief's designee	377
when returning to land with a daily catch of fish from a trap net	378
indicating the licensee's estimated time of arrival at a specific	379
port and any other information required by the chief. The licensee	380
shall contact the chief or the chief's designee by using a	381
cellular telephone, radio, or other communication device in a	382
manner prescribed by the chief.	383

No person shall fail to comply with any report procedure	384
provided for in this section, other provisions of this section, or	385
division rule adopted pursuant thereto.	386

In addition to other penalties provided in the Revised Code,	387
the license of any person who is convicted of two violations of	388
this section that occurred within a twelve-month period is	389
suspended upon the second such conviction by operation of law for	390
a period of sixty fishing season days immediately following that	391
conviction.	392

In addition to other penalties provided in the Revised Code,	393
the license of any person who is convicted of three or more	394
violations of this section that occurred within a twelve-month	395
period is suspended upon the third or subsequent such conviction	396
by operation of law for a period of eighteen fishing season months	397
immediately following that conviction.	398

During any period of suspension, no person shall use or	399
engage in fishing with commercial gear owned, used, or controlled	400
at the time of conviction by the licensee whose license has been	401
suspended.	402

Sec. 1533.62.  The dimensions and specifications for seines	403
provided in this section shall apply except as otherwise provided	404
by division rule.	405

Carp, buffalo fish, mullett, suckers, sheepshead, goldfish,	406
bowfin, and gizzard shad may be taken with a seine only in the	407
bays, marshes, estuaries, or inlets bordering upon, flowing into,	408
or in any manner connected with Lake Erie, except in any of these	409
waters that are in the Lake Erie fishing district where they may	410
be taken with other nets as provided in this chapter and Chapter	411
1531. of the Revised Code. The meshes of one-third of each wing of	412
such a seine, next to the brails, shall measure not less than five	413
inches stretched mesh, and the meshes of the next one-third of	414
each wing shall measure not less than four and one-half inches	415
stretched mesh. The balance of the seine shall measure not less	416
than four inches stretched mesh. All measurements shall be made on	417
the bar as provided in section 1533.52 of the Revised Code. Such	418
fish may be taken only with the seine prescribed in this section	419
in the Ottawa river, no farther up than the Ann Arbor bridge; in	420
the Maumee river, no farther up than the Toledo Cherry street	421
bridge; in the Portage river and in Portage bay, no farther up	422
than one-half mile west of the junction of the Portage and Little	423
Portage rivers; in the Sandusky river, no farther up than an	424
imaginary line running from the west point of Squaw island	425
straight across Sandusky river to Teal Pond Point, thence straight	426
south to the mainland; in Mud creek and in Mud creek bay, no	427
farther up than an imaginary line running straight across Mud	428
creek at a right angle with the course of the stream one-half mile	429
west of the Mud Creek bridge on Port Clinton road; and in the	430
Lacarpe creek, Little Portage river, Tousaint river, Turtle creek,	431
Crane Creek, and Ward's canal, no farther up than the water level	432
of Lake Erie extends in these streams. No person shall set and	433
leave stationary a seine, net, or other device that will tend to	434
interfere with the free movement of fish into or out of the mouth	435
of any stream flowing into or in any manner connected with Lake	436
Erie, wherein fishing with nets is permitted by law, or up or down	437
any section of such streams. In the Lake Erie fishing district, a	438
smaller mesh may be used in the bag of a seine, but such a small	439
mesh bag shall not exceed three hundred fifty feet in length, of	440
which two hundred feet shall be made of twine with meshes not less	441
than three inches stretched mesh, fishing measure, measured on the	442
bar as provided in section 1533.52 of the Revised Code.	443

No seine shall be used in fishing or had in possession in	444
this state of a greater length than three hundred rods.	445

This section does not permit the use of any net in any stream	446
flowing into Lake Erie east of the mouth of Sandusky bay, except a	447
minnow net as provided in section 1533.57 of the Revised Code.	448

No person shall draw, set, place, locate, or maintain any net	449
or seine except a minnow net in that portion of Sandusky bay or	450
Lake Erie lying within the area starting at the northeast end of	451
the Cedar Point jetty, thence on a line drawn straight from the	452
northeast end of Cedar Point jetty to Shafer's dock on Marblehead,	453
thence to the western extremity of Johnson's island, thence to the	454
loading dock of the Baltimore and Ohio Railroad, and back to the	455
point of origin.	456

No person shall draw, set, place, locate, or maintain any net	457
except a minnow net in that portion of Sandusky bay lying between	458
Cedar Point and the mainland and east of an imaginary line running	459
straight across Sandusky bay from the extreme west point of Cedar	460
Point to the Baltimore and Ohio elevator dock.	461

No person shall fail to comply with any provisions of this	462
section or division rule adopted pursuant thereto.	463

In addition to other penalties provided in the Revised Code	464
the license of any person who is convicted of two violations of	465
this section that occurred within a twelve-month period is	466
suspended upon the second such conviction by operation of law for	467
a period of five fishing days immediately following that	468
conviction.	469

In addition to other penalties provided in the Revised Code	470
the license of any person who is convicted of three or more	471
violations of this section that occurred within a twelve-month	472
period is suspended upon the third or subsequent such conviction	473
by operation of law for a period of twenty fishing season days	474
immediately following that conviction.	475

During any period of suspension, no person shall use or	476
engage in fishing with commercial gear owned, used, or controlled	477
at the time of conviction by the licensee whose license has been	478
suspended.	479

Sec. 1533.63.  Except as otherwise provided by division	480
rule, no person shall take, catch, buy, sell, transport, or	481
possess a whitefish less than seventeen inches in length, a	482
sturgeon less than forty-eight inches in length, a catfish less	483
than fourteen and one-half inches in length, a yellow perch less	484
than eight and one-half inches in length, a yellow perch fillet or	485
part fillet of not less than five and five-eighths inches in	486
length, a headless yellow perch less than six and seven-eighths	487
inches in length, a white bass or white bass hybrid less than	488
eleven inches in length, a headless white bass or white bass	489
hybrid less than eight and three-fourths inches in length, a white	490
bass or white bass hybrid fillet or part thereof less than six and	491
one-half inches in length, a bullhead less than nine inches in	492
length, or a cisco less than eleven inches in length, a buffalo	493
fish less than fifteen inches in length, a sucker less than ten	494
inches in length, or a coho less than twenty-five inches in round	495
length or twenty-one and one-half inches when headless. All such	496
fish caught or taken of a weight or length less than that	497
prescribed in this section or as may be provided by the chief of	498
the division of wildlife immediately shall be released with as	499
little injury as possible while the net, seine, trotline, dip net,	500
or other fishing device is being lifted, pulled, or hauled.	501

No person shall release such undersized fish or species	502
protected by this chapter and Chapter 1531. of the Revised Code or	503
division rule into a privately owned pond, lake, live car, or	504
other enclosure. No person shall bring ashore, or possess aboard a	505
boat used in commercial fishing when going to or returning from	506
nets or other fishing devices, a fish with its head or tail	507
removed or in such condition that its length, weight, or species	508
cannot be determined.	509

This section does not prohibit the catching, taking, or	510
possession of such undersized fish when caught or taken with hook	511
and line, other than a commercially licensed trotline, but when	512
such fish are so taken, they cannot be bought or sold. No person	513
shall possess such undersized fish or a species of fish that is	514
not permitted to be taken commercially aboard a boat when going	515
to, while on, or when returning from nets or other devices used in	516
commercial fishing.	517

No licensed commercial fishers, or person required to have a	518
commercial fishing license under section 1533.34 of the Revised	519
Code, shall take walleye, sauger, whitefish, mooneye, cisco,	520
burbot, sturgeon, and blue pike; brook, brown, rainbow, and lake	521
trout; coho, chinook, and kokanne salmon; or other species	522
protected by this chapter and Chapter 1531. of the Revised Code or	523
division rule, from Lake Erie or its tributaries or possess such	524
fish aboard a boat used in commercial fishing when going to or	525
returning from nets or other fishing devices. All such fish caught	526
or taken from a commercial fishing device immediately shall be	527
released with as little injury as possible while the fishing	528
device is being lifted, pulled, or hauled.	529

No person shall take, buy, sell, barter, give away, deliver,	530
ship, transport, cause to be transported, or possess any package,	531
a container, or quantity, boat load, catch, or haul with more	532
than ten per cent by weight of undersized fish or any other	533
species either round or, filleted, or headless mentioned in this	534
section or division rule. The entire quantity of fish containing	535
more than ten per cent by weight of undersized fish shall be	536
confiscated along with its containers. No person shall buy, sell,	537
offer for sale, transport, give away, barter, or possess a fish	538
caught or taken out of season or in any manner prohibited or a	539
fish caught or taken unlawfully from waters in or outside the	540
state. All fish brought into the state from another state or	541
country shall be subject to the laws of this state.	542

All fish taken or caught from Ohio waters shall be brought	543
into an Ohio port for inspection. No person shall ship, carry,	544
transport, or cause to be transported any fish taken or caught	545
from Ohio waters directly to a point outside the state.	546

Walleye or sauger originating from outside of this state may	547
be possessed for sale, bought, or sold subject to division rule.	548

No person shall trade, buy, sell, possess, or transport for	549
sale walleye or sauger taken from waters in this state. In	550
addition, no person shall take, possess, buy, sell, deliver,	551
transport, ship, trade, or give away walleye or any part of a	552
walleye, including roe, that is taken from the Ohio waters of Lake	553
Erie or its tributaries and that is taken with the aid of a	554
commercial fishing device.	555

Each person who holds a permit under section 1533.301 or	556
1533.631 of the Revised Code shall keep accurate written records	557
in the English language of all sales and purchases of freshwater	558
fish. The records shall include the name and address of the buyer	559
and seller, the name of fish, the amount of fish in pounds, and	560
the date of sale or purchase. Records for trout, bullhead,	561
herring, whitefish, sauger, walleye, yellow perch, white bass,	562
sturgeon, and channel catfish shall be kept on forms provided by	563
the chief. In lieu of keeping the written records concerning sales	564
of freshwater fish as required under this section, a permit	565
holder, upon applying to and receiving the approval of the chief,	566
may keep the sales information required under this section on	567
normal business records, including, but not limited to, receipts	568
and invoices. All records shall be maintained for at least one	569
year and shall be open to inspection to all division of wildlife	570
officers at all reasonable hours. A buyer who purchases fish for	571
the buyer's own consumption shall not be required to keep records,	572
and persons selling fish for personal consumption shall not be	573
required to record the names and addresses of persons purchasing	574
the fish.	575

No person shall fail to comply with any provision of this	576
section or division rule adopted pursuant thereto.	577

In addition to other penalties provided in the Revised Code,	578
the license of any person who is convicted of two violations of	579
this section, other than those relating to ten per cent by weight	580
of undersized fish, that occurred within a twelve-month period, is	581
suspended upon the second such conviction by operation of law for	582
a period of sixty fishing season days immediately following that	583
conviction.	584

In addition to other penalties provided in the Revised Code,	585
the license of any person who is convicted of three or more	586
violations of this section, other than those relating to ten per	587
cent by weight of undersized fish, that occurred within a	588
twelve-month period is suspended upon the third or subsequent	589
such conviction by operation of law for a period of eighteen	590
fishing season months immediately following that conviction.	591

In addition to other penalties provided in the Revised Code,	592
the license or permit of any person who is convicted of two	593
violations of this section relating to walleye or sauger is	594
suspended upon the second such conviction by operation of law for	595
a period of twenty days immediately following that conviction.	596

In addition to other penalties provided in the Revised Code,	597
the license or permit of any person who is convicted of three	598
violations of this section relating to walleye or sauger is	599
suspended upon the third such conviction by operation of law for a	600
period of sixty days immediately following that conviction.	601

In addition to other penalties provided in the Revised Code,	602
any person who is convicted of four violations of this section	603
relating to walleye or sauger imported from without the state that	604
occurred within a period of thirty-six months is prohibited upon	605
the fourth such conviction by operation of law from transporting,	606
buying, selling, or dealing in walleye and sauger for a period of	607
sixty months immediately following that conviction.	608

In addition to other penalties provided in the Revised Code,	609
the license or permit of any person who is convicted of four	610
violations of this section relating to walleye or sauger, other	611
than walleye or sauger imported from without the state, is revoked	612
upon the fourth such conviction by operation of law, and the	613
person is permanently barred from obtaining another license or	614
permit of the type revoked.	615

In addition to other penalties provided in the Revised Code,	616
the license of any person who is convicted of three or more	617
violations of this section relating to ten per cent by weight of	618
undersized fish that occurred within a twelve-month period is	619
suspended upon the third or subsequent such conviction by	620
operation of law for a period of twenty fishing season days	621
immediately following that conviction.	622

During any period of suspension or revocation, no person	623
shall use or engage in fishing with commercial gear owned, used,	624
or controlled at the time of conviction by the licensee whose	625
license or permit has been suspended or revoked.	626

As used in this section, "sale of fish" includes, but is not	627
limited to, fish sold in the round or part thereof and fish sold	628
as part of a meal or service, but does not include canned fish.	629

For purposes of determining any license or permit suspension	630
or revocation required by this section, multiple convictions	631
resulting from violations of this section that occurred at the	632
same time, on the same day, and at the same location, are deemed	633
to be a single conviction of one violation.	634

Sec. 1533.631.  Any person may apply for a permit to handle	635
commercial fish, or other fish that may be bought or sold under	636
the Revised Code or division rule, at wholesale. Prior to making	637
application for such a permit, a person first shall satisfy the	638
following qualifications to the satisfaction of the chief of the	639
division of wildlife: over eighteen years of age, no prior	640
conviction of or plea of guilty on or after the effective date of	641
this amendment to a felony concerning commercial fishing	642
activities for a violation of state or federal law, and ninety	643
days Ohio residency immediately preceding application. The chief	644
of the division of wildlife shall issue an annual permit granting	645
the applicant the privilege to handle such fish at wholesale at	646
one or more designated premises upon satisfaction of the	647
pre-application qualifications, filing of an application on a	648
form prescribed by the chief, and payment of a fee of sixty-five	649
dollars. No person or a person's agent shall handle at wholesale	650
any fresh water fish or part thereof unless a permit has been	651
issued for the calendar year in which the fish is handled at	652
wholesale for the premises at which the fish is handled.	653

A fish is handled at wholesale for purposes of this section	654
when it is on a premises within the state and is being held,	655
stored, handled, or processed for the purpose of sale to a person	656
who ordinarily resells the fish.	657

The permit required by this section shall be issued subject	658
to the right of entry and inspection of the designated premises of	659
the permittee by any law enforcement officer authorized by section	660
1531.13 of the Revised Code to enforce the laws and rules of the	661
division of wildlife. Such an officer may enter and inspect the	662
designated premises and any box, package, or receptacle, and the	663
contents thereof, for the purpose of determining whether any	664
provision of this chapter or Chapter 1531. of the Revised Code or	665
division rule is being violated.	666

No person holding a permit under this section shall remove a	667
label required by section 1533.301 of the Revised Code unless the	668
box, package, or receptacle bearing the label has been opened or	669
unless the label is replaced with another label that meets the	670
requirements of that section.	671

No person shall fail to comply with any provision of this	672
section or division rule adopted pursuant to it.	673

In addition to other penalties provided in the Revised Code,	674
the permit of any person who is convicted of two violations of	675
this section that occurred within a twelve-month period is	676
suspended upon the second such conviction by operation of law for	677
a period of five fishing season days immediately following that	678
conviction.	679

In addition to other penalties provided in the Revised Code,	680
the permit of any person who is convicted of three or more	681
violations of this section that occurred within a twelve-month	682
period is suspended upon the third or subsequent such conviction	683
by operation of law for a period of twenty fishing season days	684
immediately following that conviction.	685

During any period of suspension, no person shall use or	686
engage in handling commercial fish at wholesale with equipment or	687
facilities owned, used, or controlled at the time of conviction by	688
the permittee whose permit has been suspended.	689

Sec. 1533.64.  Fish lawfully confined in a net, or by a	690
device authorized by law, are the property of the owner or person	691
operating the net or other device, and no. No person other than	692
the owner or person in control of the net or other device shall	693
take or catch from it or possess a fish that is or has been so	694
confined unless the person so taking, catching, or possessing the	695
fish has been authorized in writing to do so by the owner or	696
person in control of the net or other device. Each fish taken from	697
and each fish had in possession that was taken from any net or	698
other device legally operated in any of the waters of this state	699
by any person other than the owner or histhe owner's agent	700
operating the net or other device constitutes a separate offense.	701

No person shall fail to comply with this section or a	702
division rule adopted pursuant thereto.	703

In addition to other penalties provided in the Revised Code,	704
the license of any person who is convicted of two violations of	705
this section that occurred within a twelve-month period is	706
suspended upon the second such conviction by operation of law for	707
a period of sixty fishing season days immediately following that	708
conviction.	709

In addition to other penalties provided in the Revised Code,	710
the license of any person who is convicted of three or more	711
violations of this section that occurred within a twelve-month	712
period is suspended upon the third or subsequent such conviction	713
by operation of law for a period of eighteen fishing season months	714
immediately following that conviction.	715

During any period of suspension, no person shall use or	716
engage in fishing with commercial gear owned, used, or controlled	717
at the time of conviction by the licensee whose license has been	718
suspended.	719

Sec. 1533.641. (A) If a person is convicted of or pleads	720
guilty on or after the effective date of this section to a felony	721
related to commercial fishing activities for a violation of state	722
or federal law, all commercial fishing licenses issued under	723
section 1533.35 of the Revised Code and all permits to handle	724
commercial fish or other fish at wholesale issued under section	725
1533.631 of the Revised Code to that person are permanently	726
revoked by operation of law.	727

(B)(1) If a commercial fishing licensee, such a licensee's	728
authorized representative, a person that has been issued a permit	729
under section 1533.631 of the Revised Code to handle commercial	730
fish or other fish at wholesale, or such a permittee's authorized	731
representative is convicted of or pleads guilty to a violation of	732
section 1533.341, 1533.343, 1533.41, 1533.42, 1533.62, 1533.63,	733
1533.631, or 1533.64 of the Revised Code or any division rule	734
pertaining to those sections, the licensee's license or the	735
permittee's permit, as applicable, shall be suspended for a period	736
of thirty fishing season days. Not later than seven days after	737
receipt of a notification under division (F) of this section, the	738
chief of the division of wildlife shall suspend the license or	739
permit.	740

(2) If a person is convicted of or pleads guilty to a second	741
violation of a section of the Revised Code that is listed in	742
division (B)(1) of this section or any division rule pertaining to	743
those sections within ten years after being convicted of or	744
pleading guilty to the first violation, the applicable licensee's	745
license or permittee's permit shall be suspended for a period of	746
sixty fishing season days. Not later than seven days after	747
receipt of a notification under division (F) of this section, the	748
chief shall suspend the license or permit.	749

(3) If a person is convicted of or pleads guilty to a third	750
violation of a section of the Revised Code that is listed in	751
division (B)(1) of this section or any division rule pertaining to	752
those sections within ten years after being convicted of or	753
pleading guilty to the first violation, the applicable licensee's	754
license or permittee's permit shall be permanently revoked. Not	755
later than seven days after receipt of a notification under	756
division (F) of this section, the chief shall revoke the license	757
or permit.	758

(C) During any period of suspension of a license or permit	759
under this section, no person shall use or engage in fishing with	760
commercial gear, or in handling commercial fish or other fish at	761
wholesale with equipment, owned, used, or controlled at the time	762
of conviction or plea by the licensee or the licensee's authorized	763
representative or by the permittee or the permittee's authorized	764
representative, as applicable.	765

(D) A person whose license has been suspended by operation of	766
law pursuant to any provision of this chapter or Chapter 1531. of	767
the Revised Code or division rule is not eligible to apply for or	768
receive a new commercial fishing license issued under section	769
1533.35 of the Revised Code or a permit to handle commercial fish	770
or other fish at wholesale issued under section 1533.631 of the	771
Revised Code during the period of the suspension.	772

(E) For purposes of determining a license or permit	773
suspension or revocation for a violation of section 1533.63 of the	774
Revised Code, multiple convictions resulting from violations of	775
that section that occurred at the same time, on the same day, and	776
at the same location are deemed to be a single conviction of one	777
violation.	778

(F) The clerk of the court before which a person is convicted	779
of or pleads guilty to a violation of state or federal law as	780
described in division (A) of this section or a section of the	781
Revised Code that is listed in division (B)(1) of this section or	782
any division rule pertaining to those sections shall send written	783
notification to the chief of the conviction or plea together with	784
the person's name and address not later than ten days after the	785
date of conviction or plea.	786

Section 2. That existing sections 1531.10, 1533.34, 1533.341,	787
1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631,	788
and 1533.64 of the Revised Code are hereby repealed.	789

Section 3. It is the intent of the General Assembly, by	790
amending sections 1531.10, 1533.34, 1533.341, 1533.342, 1533.35,	791
1533.36, 1533.42, 1533.62, 1533.63, 1533.631, and 1533.64 and	792
enacting sections 1533.343 and 1533.641 of the Revised Code in	793
this act, to protect the resources of Lake Erie and provide for	794
the reasonable regulation of commercial fishing and not to	795
eliminate commercial fishing in this state.	796

Section 4. (A) There is hereby created the Ohio Lake Erie	797
Fishing Regulatory Reform Task Force. The Task Force shall consist	798
of the following members appointed by the Governor:	799

(1) Two members representing the commercial fishing industry,	800
one of whom shall be a fish wholesaler;	801

(2) Two members representing the sport fishing industry, one	802
of whom shall be a charter boat operator;	803

(3) Two members representing academia with expertise in	804
fisheries management;	805

(4) Two members from the Department of Natural Resources;

806

(5) One member representing the Governor's office;

807

(6) Two members of the House of Representatives, one of whom	808
shall be from the majority party and one of whom shall be from the	809
minority party;	810

(7) Two members of the Senate, one of whom shall be from the	811
majority party and one of whom shall be from the minority party.	812

Appointments to the Task Force shall be made not later than	813
fifteen days after the effective date of this section. The	814
Governor shall designate a chairperson of the Task Force. The Task	815
Force shall meet as often as necessary to complete the	816
requirements of this section, but shall meet not less than once	817
each month.	818

(B) The Task Force shall conduct an evaluation of all of the	819
following:	820

(1) Catch quota allocations associated with various species	821
of fish in Lake Erie;	822

(2) Size limitations for species of game fish in Lake Erie;

823

(3) Existing vessel monitoring devices and electronic	824
reporting devices for charter and commercial fishing vessels;	825

(4) Possible incentives for catching rough fish;

826

(5) Fisheries resource management practices in Lake Erie;

827

(6) Current practices relating to the transfer of commercial	828
fishing licenses;	829

(7) Fisheries resource management practices utilized by other	830
states bordering the Great Lakes.	831

(C) Not later than December 31, 2007, the Task Force shall	832
prepare and submit a report of its findings to the General	833
Assembly and the Division of Wildlife in the Department of Natural	834
Resources. The report shall include recommendations for statutory,	835
rulemaking, and regulatory changes to Ohio's commercial fishing	836
laws governing commercial fishing.	837

(D) After the submission of the report under division (C) of	838
this section, the Task Force ceases to exist.	839