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(127th General Assembly)
(Amended Substitute Senate Bill Number 77)
AN ACT
To amend sections 1531.10, 1533.34, 1533.341,
1533.342,
1533.35, 1533.36, 1533.42, 1533.62,
1533.63,
1533.631, and 1533.64 and to enact
sections 1533.343 and 1533.641 of the Revised Code
to make changes to the law governing commercial
fishing and to create the Ohio Lake Erie Fishing
Regulatory Reform Task Force to evaluate certain
fisheries management practices with respect to
Lake Erie and to make recommendations to the
General Assembly and the Division of Wildlife in
the Department of Natural Resources regarding
statutory, rulemaking, and regulatory changes.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1531.10, 1533.34, 1533.341,
1533.342,
1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631,
and 1533.64 be amended and sections 1533.343 and 1533.641 of the
Revised Code be enacted to read as follows:
Sec. 1531.10. In accordance with Chapter 119. of the
Revised
Code, the chief of the division of wildlife shall adopt,
and may
amend and rescind, rules that are necessary for the
administration
and enforcement of this chapter and Chapter 1533.
of the Revised
Code. Each such rule shall be given publicity by
advertising or
otherwise as the chief considers necessary or
expedient. With
respect to any proposed adoption of or change to a
rule that
regulates the taking of commercial fish or establishes
related
provisions, the chief shall provide, by certified mail,
notification of the proposal to each holder of a valid commercial
fishing license issued under section 1533.35 of the Revised Code.
As long as a rule of the division of wildlife remains
in effect, a
copy of it shall be included and printed in any
authorized
compilation of the division lawbook. All such rules
shall be under
the seal of the division and shall bear the
signature, or a
facsimile thereof, of the chief.
Sec. 1533.34. No person shall use or
operate, for the
purpose of taking fish, a boat, net, or device
other than a minnow
net or hook and line with bait or lure, in
any of the waters of
the state wherein fishing with nets is
licensed by law, without a
license for that gear from the chief
of the division of wildlife.
The application for a license and
all licenses required by section
1533.35 of the Revised Code
shall be in such form as the chief
prescribes.
When a person applies to the chief
for a license, the chief,
upon receiving the proper fees, may
issue the license if the
person satisfies the qualifications established in division (C) of
section 1533.342 of the Revised Code and the chief receives the
proper fees. Upon proof of violation of this section, the
chief
may refuse to issue or renew any license. A license
shall remain
in force and entitle the holder thereof to fish as
permitted by
law from the date of issuance to and including the last
day of the
season for which the license was issued. The license
shall be
carried by the operator of a boat, net, or other device
while the
boat, net, or other device is being used in fishing
and shall be
exhibited on demand to any wildlife officer,
constable, sheriff,
deputy sheriff, or other police officer, or
the chief. No licensee
shall fail to exhibit the license on
demand to any proper officer.
Each boat, net, or other device
used in fishing contrary to this
section and each net or other
device used or operated without
having the metal license tag
attached thereto as provided by law
constitutes a separate
offense.
Nonresident commercial fishermen fishers and their fishing
gear
shall not be licensed to fish in this state unless a
reciprocal
agreement is in force. A resident who purchases
commercial
fishing gear from out of state, or purchases a boat
that has
been registered less than a year in the state, shall give
bona
fide evidence of ownership of at least fifty-one per cent of
the
boat or gear whenever requested to do so by the chief or his
the
chief's designated representative.
No person shall fail to comply with any provision of this
section or division rules adopted pursuant thereto.
Sec. 1533.341. The chief of the division of wildlife with
the approval of the wildlife council, in managing the Lake Erie
fishery resources, may utilize and establish by division rule a
quota management system that shall consist of determining on a
scientific basis by species and number or pounds the maximum
allowable annual taking of those fishery resources or part
thereof
in order to prevent over exploitation of any species and
assure
the conservation and wise use of all species, and the
determination on an equitable basis of the distribution of that
maximum allowable annual taking between and within the sport and
commercial interests fisheries.
The chief and the council, in determining and establishing
the apportionment of the maximum allowable annual taking of a
species between the sport and commercial interests fisheries,
shall be
guided by the proportional sport and commercial taking of
the
species during the immediately preceding five years and other
pertinent scientific, economic, and social data.
The chief and the council, in determining the distribution
of
the apportionment within the commercial industry fishery, also
shall
consider the proportional commercial taking of the species
within
the commercial industry during the immediately preceding
five
years and other pertinent scientific, economic, and social
data.
No person shall fail to comply with any quota set pursuant
to
this section, other provisions of this section, or division
rule
adopted pursuant thereto.
In addition to other penalties provided in the Revised
Code,
the license of any person who is convicted of two
violations of
this section that occurred within a twelve-month
period is
suspended upon the second such conviction by operation
of law for
a period of sixty fishing season days immediately
following that
conviction.
In addition to other penalties provided in the Revised
Code,
the license of any person who is convicted of three or more
violations of this section that occurred within a twelve-month
period is suspended upon the third or subsequent such conviction
by operation of law for a period of eighteen fishing season
months
immediately following that conviction.
During any period of suspension, no person shall use or
engage in fishing with commercial gear owned, used, or controlled
at the time of conviction by the licensee whose license has been
suspended.
Any person whose license has been suspended or revoked by
operation of law pursuant to any provision of this chapter or
Chapter 1531. of the Revised Code is not eligible to apply for or
receive a new license during the period of the suspension or
revocation.
No person who holds a commercial fishing license issued under
section 1533.35 of the Revised Code and who uses trap nets shall
harvest a quantity of yellow perch that is in excess of the amount
of yellow perch that is allocated for the person's commercial
fishing license in accordance with the quota set pursuant to this
section. In addition, no person who holds a commercial fishing
license and no employee of such a person shall possess at the same
time on a boat on the waters of Lake Erie any yellow perch that
have been taken from more than one statistical district
established under division rule for the purpose of implementing
the quota set pursuant to this section.
Sec. 1533.342. (A) The chief of the division of wildlife,
with the approval of the wildlife council, may limit the type and
number of commercial fishing licenses to be issued for fishing in
the Lake Erie fishing district and other water wherein nets are
licensed by law, except that such limitations shall not prohibit
any person who was issued an Ohio commercial fishing license in
the prior fishing season from being issued, upon satisfaction of
the qualifications established in division (C) of this section and
proper
application, a license of the same type for the current
fishing
season unless the issuance of such a license is prohibited
by
this chapter or Chapter 1531. of the Revised Code or
division
rule.
In limiting the number and type of licenses, the chief and
the council shall give consideration to the number and type of
licenses needed to harvest the fish determined to be harvestable;
the capacity of the boats and characteristics of the equipment
owned or used by the applicant; and any other facts or data
relating to the protection, preservation, management, and
utilization of fish species in a biologically sound manner.
(B) The chief, in prescribing forms
for license applications,
may require the applicant to list
information relating to the kind
and condition of boats and
fishing equipment proposed to be used
by the applicant, port or
ports of entry, years of commercial
fishing experience, quantity
and kinds of fish taken during the
previous five years,
conviction records relating to Chapter 1531.
and this chapter of the
Revised Code and division rules, and any
other facts the
chief determines necessary to assist
him the chief
in determining whether or not the applicant may engage in
commercial fishing in accordance with those chapters and division
rules. All
questions shall be
answered fully and completely by the
applicant. The application
shall be sworn to and signed by the
applicant before a person
authorized to administer oaths.
(C) Any person, other than persons licensed during the prior
fishing
season, prior to making application for an Ohio commercial
fishing license, first shall satisfy the following qualifications
to the satisfaction of the chief: over eighteen years of age; no
prior conviction of or plea of guilty on or after the effective
date of this amendment to a felony concerning
commercial fishing
activities for a violation of state or federal
law; ninety days
Ohio residency immediately
preceding application;
two
years
commercial fishing gear experience or holder of an Ohio
commercial
license of another gear; and posting of a one thousand
dollar
performance bond or cash deposit in a like amount. In the
event
the person does not meet these pre-application
qualifications or
does meet those qualifications, but a license is
not granted, the
bond or cash deposit immediately shall be
returned by the
division. In the event the person is granted a
license, the bond
or cash deposit shall be held by the division
during the term of
the license.
(D) In determining the terms and conditions of any commercial
fishing license, the chief, with the approval of the wildlife
council, may do both of the following:
(A)(1) Fix by species, the weight, number, or size of fish to
be taken;
(B)(2) Specify the home port and up to two alternate ports at
which the licensee shall land his the licensee's catch, as listed
on the licensee's
application.
(E) Any wildlife officer, or other division employee
designated by the chief to inspect commercial fishing operations,
may enter upon any property used, owned, or leased by the holder
of a commercial fishing license and may inspect any boat, net,
seine, or other equipment used in commercial fishing; any
building
or premises used to hold, store, repair, or build
commercial
fishing gear or equipment; and any building or
premises used in
boxing, storing, or processing fish. No person
shall assault,
threaten, abuse, or interfere with any wildlife
officer or
designated inspector when carrying out an inspection
under
authority of this section, nor shall any person prohibit
such an
inspection.
(F) No person shall fail to comply with this section or a
division rule adopted pursuant thereto.
(G) No person having been issued a commercial fishing license
shall fail to comply with all terms, specifications, and
conditions set forth in the license.
(H)(1) In addition to other penalties provided in the Revised
Code, the license of any person who is convicted of assaulting,
threatening, abusing, or interfering with any person inspecting
by
authority of this section is suspended upon such conviction by
operation of law for a period of eighteen fishing season months
immediately following that conviction.
(2) In addition to other penalties provided in the Revised
Code, the license of any person who is convicted of two
violations
of provisions of this section relating to inspection
or terms and
conditions of any commercial fishing license
that occurred within
a twelve-month period is suspended
upon the second such conviction
by operation of law for a period of sixty
fishing season days
immediately following that conviction.
(3) In addition to other penalties provided in the Revised
Code, the license of any person who is convicted of three or more
violations of provisions of this section relating to inspection
or
terms and conditions of any commercial fishing licenses
that
occurred within a twelve-month period is suspended
upon the third
or subsequent such conviction by operation of law for a period
of
eighteen
fishing season months immediately following
that
conviction.
(I) During any period of suspension, no person shall use or
engage in fishing with commercial gear owned, used, or controlled
at the time of conviction by the licensee whose license has been
suspended.
Sec. 1533.343. On and after March 1, 2008, no commercial
fishing licensee shall use or engage in fishing with commercial
gear unless the licensee uses vessel and catch monitoring devices
in accordance with requirements and procedures established by the
chief of the division of wildlife. The chief shall establish
requirements and procedures concerning vessel and catch monitoring
devices by division rule. A licensee shall pay the costs of
purchasing, installing, and maintaining the devices.
Sec. 1533.35. (A) Commercial fishing devices shall be
annually licensed as follows:
(1) Trap and fyke nets, for the first twenty nets or any
portion thereof, eight hundred dollars; and for each additional
group of ten such nets or any portion thereof, four hundred
dollars;
(2) For each seine of one hundred fifty rods or less in
length other than an inland fishing district seine, four hundred
dollars;
(3) For each seine over one hundred fifty rods in length
other than an inland fishing district seine, six hundred dollars;
(4) For each inland fishing district seine, one hundred
dollars;
(5) For each carp apron, one hundred dollars;
(6) For one trotline with seventy hooks or less attached
thereto, twenty dollars;
(7) For each trotline, or trotlines, with a total of more
than seventy hooks attached thereto, one hundred dollars;
(8) For each dip net, one hundred dollars.
The license
fee for other commercial fishing gear not
mentioned in this
section, as approved by the chief of the
division of wildlife,
shall be set by the chief with approval of
the wildlife council.
Commercial fishing gear owned or used by a nonresident may
be
licensed in this state only if a reciprocal agreement is in
effect
as provided for in section 1533.352 of the Revised Code.
All commercial license fees shall be paid upon application
or
shall be paid one-fourth upon application with the balance due
and
owing within ninety days of the date of application, except
that
those license fees of one hundred dollars or less shall be paid in
full
at the time of application.
(B) Royalty fees are hereby established on
the following
species of fish when taken commercially: catfish,
white bass, and
yellow perch.
The amount of the royalty fees shall be as follows: on
the
species taken for which an allowable catch or quota has been
established by division rule, five cents per pound. On the
species
taken for which an allowable catch or quota has not been
established by division rule, two cents per pound.
All royalty fees established or provided for in this
section
shall be paid by the license holder to the division. No person may
be
issued a commercial fishing license
until all royalty fees due
from that person for the preceding
fishing season have been paid
in full. The chief may request the
attorney general to recover any
royalty fee or amount thereof
that is not paid by the opening date
of the next fishing season,
and the attorney general shall
commence appropriate legal
proceedings to recover the unpaid fee
or amount.
All commercial fishing license moneys and all other fees
collected from commercial fishers shall be deposited
in the state
treasury in accordance with section 1533.33 of the Revised
Code.
No person shall fail to comply with any provision of this
section or a division rule adopted pursuant to it.
In addition to other penalties provided in the Revised
Code,
the license of any person who is convicted of one or more
violations of this section shall be suspended upon the
conviction
by operation of law for a period of eighteen fishing
season months
immediately following the conviction.
During any period of suspension, no person shall use or
engage in fishing with commercial gear owned, used, or controlled
at the time of conviction by the licensee whose license has been
suspended.
Sec. 1533.36. (A) No fishing license issued pursuant to
section 1533.32 of the Revised Code is transferable, and no
fisherman fisher shall carry a license that was issued in the
name
of another person or that does not contain the signature of the
agent
issuing it.
(B) Notwithstanding any other provision in the Revised
Code
and except as otherwise provided by division
rule, a licensee
holding a commercial fishing license issued
pursuant to section
1533.35 of the Revised Code may transfer that
license to a person
holding a license issued under that section
or to a person meeting
the qualifications set forth in section
1533.342 of the Revised
Code. Such a transfer is subject to all of the
following
conditions:
(1) The transferred license shall not be sold, offered for
sale, or bartered to any person.
(2) The chief of the division of wildlife, with the approval
of the director of natural resources, shall determine if any quota
species of fish are transferable with the transferred license. In
making the determination, the chief shall use biological, social,
and economic data.
(3)
The transferred license is limited to the type of
commercial fishing gear for which the original license was
issued;.
(2)(4) The transfer does not affect any other commercial
fishing license privilege possessed by the transferor, and the
transferor, as permitted by law, may continue to renew and use
any
license not transferred ;.
(3)(5) Application for the transfer may be made at any time
and shall be made simultaneously by the transferor and transferee
on forms provided by the division of wildlife;.
(4)(6) When a commercial fishing license is transferred
during the open commercial fishing season, the transferee may be
issued a license only upon receipt by the division of payment in
an amount equal to the annual fees set forth in section 1533.35
of
the Revised Code for the type of commercial fishing gear to be
transferred plus any unpaid fees that have not been paid by the
transferor at the time of transfer. The division shall not
refund
fees previously paid by a transferor.
(5)(7) A commercial fishing license shall be transferred only
upon payment to the division of the royalty fees imposed by
section 1533.35 of the Revised Code that have accrued to the date
of transfer. Royalty fees that accrue with regard to the
license
on or after the date of transfer are solely the
responsibility of
the transferee.
(6)(8) A commercial fishing license may be transferred at any
time, but it shall not be transferred if the license is suspended
at the time transfer is sought, or if the licensee has been
charged with a violation that could result in license suspension;.
(7)(9) After determining that the transfer of a commercial
fishing license is proper, the chief of the division of wildlife
shall effect the transfer by revocation of the license of the
transferor and simultaneous issuance of the appropriate license
to
the transferee.
Sec. 1533.42. Except as otherwise provided by division
rule,
every licensee taking fish with commercial fishing gear,
except a
trotline of seventy hooks or less, in any of the waters
mentioned
in this chapter and Chapter 1531. of the Revised Code or
division
rule, shall keep accurate reports for each day's catch
upon forms
provided, and in the manner prescribed, by the chief
of the
division of wildlife. The reports shall be open for inspection by
a wildlife officer at all reasonable hours.
Every commercial fishing licensee shall keep an accurate
record of each day's catch as prescribed upon a monthly daily
report
form. The report shall include at least the number of
pounds of each kind of
fish taken, the locality grid fished, the
kind and amount of fishing gear lifted,
the number of fishing
nights, the number of lifts, and any other
data the biologists
employed by the division of wildlife require in following
the
trend of the fisheries. The licensee shall
report each month day,
under oath when requested to do so, those data to the
chief.
The daily catch data shall be recorded accurately on the
respective date upon a report form approved by the chief no later
than twelve noon on the day following the day in which the fish
were taken. The monthly report and any other report required
pursuant to this section shall be submitted to the division
no
later than the fifteenth day of the month following
the end of the
calendar month in which the fish were taken in a manner and on a
form prescribed by the chief in division rule.
A licensee shall contact the chief or the chief's designee
when the licensee is in transit to the licensee's trap nets to
lift, move, pull, remove, clean, or maintain the trap nets for any
reason and also shall contact the chief or the chief's designee
when returning to land with a daily catch of fish from a trap net
indicating the licensee's estimated time of arrival at a specific
port and any other information required by the chief. The licensee
shall contact the chief or the chief's designee by using a
cellular telephone, radio, or other communication device in a
manner prescribed by the chief.
No person shall fail to comply with any report procedure
provided for in this section, other provisions of this section,
or
division rule adopted pursuant thereto.
In addition to other penalties provided in the Revised
Code,
the license of any person who is convicted of two
violations of
this section that occurred within a
twelve-month period is
suspended upon the second such conviction by
operation of law for
a period of sixty fishing season days
immediately following that
conviction.
In addition to other penalties provided in the Revised
Code,
the license of any person who is convicted of three or more
violations of this section that occurred within a
twelve-month
period is suspended upon the third or subsequent such conviction
by
operation of law for a period of eighteen fishing season months
immediately following that conviction.
During any period of suspension, no person shall use or
engage in fishing with commercial gear owned, used, or controlled
at the time of conviction by the licensee whose license has been
suspended.
Sec. 1533.62. The dimensions and specifications for seines
provided in this section shall apply except as otherwise provided
by division rule.
Carp, buffalo fish, mullett, suckers, sheepshead, goldfish,
bowfin, and gizzard shad may be taken with a seine only in the
bays, marshes, estuaries, or inlets bordering upon, flowing into,
or in any manner connected with Lake Erie, except in any of these
waters that are in the Lake Erie fishing district where they may
be taken with other nets as provided in this chapter and Chapter
1531.
of the Revised Code. The meshes of one-third of each wing of
such a seine, next to the brails, shall measure not less than five
inches stretched mesh, and the meshes of the next one-third of
each wing shall measure not less than four and one-half inches
stretched mesh. The balance of the seine shall measure not less
than four inches stretched mesh. All measurements shall be made
on
the bar as provided in section 1533.52 of the Revised Code.
Such
fish may be taken only with the seine prescribed in this
section
in the Ottawa river, no farther up than the Ann Arbor
bridge; in
the Maumee river, no farther up than the Toledo Cherry
street
bridge; in the Portage river and in Portage bay, no
farther up
than one-half mile west of the junction of the Portage
and Little
Portage rivers; in the Sandusky river, no farther up
than an
imaginary line running from the west point of Squaw
island
straight across Sandusky river to Teal Pond Point, thence
straight
south to the mainland; in Mud creek and in Mud creek
bay, no
farther up than an imaginary line running straight across
Mud
creek at a right angle with the course of the stream one-half
mile
west of the Mud Creek bridge on Port Clinton road; and in
the
Lacarpe creek, Little Portage river, Tousaint river, Turtle
creek,
Crane Creek, and Ward's canal, no farther up than the
water level
of Lake Erie extends in these streams. No person
shall set and
leave stationary a seine, net, or other device that
will tend to
interfere with the free movement of fish into or out
of the mouth
of any stream flowing into or in any manner
connected with Lake
Erie, wherein fishing with nets is permitted
by law, or up or down
any section of such streams. In the Lake
Erie fishing district, a
smaller mesh may be used in the bag of a
seine, but such a small
mesh bag shall not exceed three hundred
fifty feet in length, of
which two hundred feet shall be made of
twine with meshes not less
than three inches stretched mesh,
fishing measure, measured on the
bar as provided in section
1533.52 of the Revised Code.
No seine shall be used in fishing or had in possession in
this state of a greater length than three hundred rods.
This section does not permit the use of any net in any
stream
flowing into Lake Erie east of the mouth of Sandusky bay,
except a
minnow net as provided in section 1533.57 of the Revised
Code.
No person shall draw, set, place, locate, or maintain any
net
or seine except a minnow net in that portion of Sandusky bay
or
Lake Erie lying within the area starting at the northeast end
of
the Cedar Point jetty, thence on a line drawn straight from the
northeast end of Cedar Point jetty to Shafer's dock on
Marblehead,
thence to the western extremity of Johnson's island,
thence to the
loading dock of the Baltimore and Ohio Railroad, and
back to the
point of origin.
No person shall draw, set, place, locate, or maintain any
net
except a minnow net in that portion of Sandusky bay lying
between
Cedar Point and the mainland and east of an imaginary
line running
straight across Sandusky bay from the extreme west
point of Cedar
Point to the Baltimore and Ohio elevator dock.
No person shall fail to comply with any provisions of this
section or division rule adopted pursuant thereto.
In addition to other penalties provided in the Revised Code
the license of any person who is convicted of two violations of
this section that occurred within a twelve-month
period is
suspended upon the second such conviction by operation of law for
a period of five fishing days immediately following that
conviction.
In addition to other penalties provided in the Revised Code
the license of any person who is convicted of three or more
violations of this section that occurred within a
twelve-month
period is suspended upon the third or subsequent such conviction
by
operation of law for a period of twenty fishing season days
immediately following that conviction.
During any period of suspension, no person shall use or
engage in fishing with commercial gear owned, used, or controlled
at the time of conviction by the licensee whose license has been
suspended.
Sec. 1533.63. Except as otherwise provided by division
rule, no person shall take, catch, buy, sell,
transport, or
possess a whitefish less than seventeen inches in
length, a
sturgeon less than forty-eight inches in length, a
catfish less
than fourteen and one-half inches in
length, a yellow
perch less
than eight and one-half inches in length, a yellow perch
fillet or
part fillet of not less than five and five-eighths
inches in
length, a headless yellow perch less than six and seven-eighths
inches in
length, a white bass or
white bass hybrid less than
eleven inches in length, a headless white bass
or white bass
hybrid less than eight and three-fourths inches in length, a
white
bass or white bass hybrid fillet or part thereof less than six and
one-half inches in length, a
bullhead less than nine inches in
length, or
a cisco less than eleven inches in length, a buffalo
fish less
than fifteen inches in length, a sucker less than ten
inches in
length, or a coho less than twenty-five inches in round
length or
twenty-one and one-half inches when headless. All such
fish
caught or taken of a weight or length less than that
prescribed
in this section or as may be provided by the chief of
the
division of wildlife immediately shall be released with as
little
injury as possible while the net, seine, trotline, dip net,
or
other fishing device is being lifted, pulled, or hauled.
No person shall release such undersized fish or species
protected by this chapter and Chapter 1531. of the Revised Code or
division rule into a privately owned pond, lake, live car, or
other enclosure. No person shall bring ashore, or possess aboard a
boat used in commercial fishing when going to or returning from
nets or other fishing devices, a fish with its head or tail
removed or in such condition that its length, weight, or species
cannot be determined.
This section does not prohibit the catching, taking, or
possession of such undersized fish when caught or taken with hook
and line, other than a commercially licensed trotline, but when
such fish are so taken, they cannot be bought or sold. No person
shall possess such undersized fish or a species of fish that is
not permitted to be taken commercially aboard a boat when going
to, while on, or when returning from nets or other devices used in
commercial fishing.
No licensed commercial fishers, or person required to
have a
commercial fishing license under section 1533.34 of the
Revised
Code, shall take walleye, sauger, whitefish, mooneye,
cisco,
burbot, sturgeon, and blue pike; brook, brown, rainbow, and
lake
trout; coho, chinook, and kokanne salmon; or other species
protected by this chapter and Chapter 1531. of the Revised Code or
division rule, from Lake Erie or its tributaries or
possess such
fish aboard a boat used in commercial fishing when
going to or
returning from nets or other fishing devices. All
such fish caught
or taken from a commercial fishing device
immediately shall be
released with as little injury as possible while
the fishing
device is being lifted, pulled, or hauled.
No person shall take, buy, sell, barter, give away,
deliver,
ship, transport, cause to be transported, or possess any package,
a container, or
quantity, boat load, catch, or haul
with more
than ten per cent by weight of undersized fish
or any
other
species either round or, filleted, or headless mentioned in this
section
or division rule. The entire quantity of fish
containing
more than
ten per cent by weight of undersized fish
shall be
confiscated
along with its containers. No person shall
buy, sell,
offer for
sale, transport, give away, barter, or
possess a fish
caught or
taken out of season or in any manner
prohibited or a
fish caught
or taken unlawfully from waters in or
outside the
state. All fish
brought into the state from another
state or
country shall be
subject to the laws of this state.
All fish taken or caught from Ohio waters shall be brought
into an Ohio port for inspection. No person shall ship, carry,
transport, or cause to be transported any fish taken or caught
from Ohio waters directly to a point outside the state.
Walleye or sauger originating from outside of this state
may
be possessed for sale, bought, or sold subject to
division rule.
No person shall trade, buy, sell, possess, or transport for
sale walleye or sauger taken from waters in this state. In
addition, no person shall take, possess, buy, sell, deliver,
transport, ship, trade, or give away walleye or any part of a
walleye, including roe, that is taken from the Ohio waters of Lake
Erie or its tributaries and that is taken with the aid of a
commercial fishing device.
Each person who holds a permit under section 1533.301 or
1533.631 of the Revised Code shall keep accurate written records
in the English language of all sales and purchases of freshwater
fish. The records shall include the name and address of the buyer
and seller, the name of fish, the amount of fish in pounds, and
the
date of sale or purchase. Records for trout, bullhead,
herring,
whitefish, sauger, walleye, yellow perch, white bass,
sturgeon,
and channel catfish shall be kept on forms provided by
the
chief. In lieu of keeping the written records concerning sales
of freshwater fish as required under this section, a
permit
holder, upon applying to and receiving the approval of the chief,
may keep the sales information required under this section
on
normal business records, including, but not limited to,
receipts
and invoices. All records shall be maintained for at
least one
year and shall be open to inspection to all division of
wildlife
officers at all reasonable hours. A buyer who purchases
fish for
the buyer's own consumption shall not be required
to keep records,
and persons selling fish for personal consumption shall
not be
required to record the names and addresses of persons
purchasing
the fish.
No person shall fail to comply with any provision of this
section or division rule adopted pursuant thereto.
In addition to other penalties provided in the Revised
Code,
the license of any person who is convicted of two
violations of
this section, other than those relating to ten per
cent by weight
of undersized fish, that occurred
within a twelve-month period, is
suspended upon the second such conviction
by operation of law for
a period of sixty fishing season days
immediately following that
conviction.
In addition to other penalties provided in the Revised
Code,
the license of any person who is convicted of three or more
violations of this section, other than those relating to ten per
cent by weight of undersized fish, that occurred
within a
twelve-month period is suspended upon the third or subsequent
such conviction
by operation of law for a period of eighteen
fishing season
months immediately following
that conviction.
In addition to other penalties provided in the Revised
Code,
the license or permit of any person who is convicted of two
violations of this section relating to walleye or sauger is
suspended upon the second such conviction by operation of law for
a period
of twenty days immediately following that conviction.
In addition to other penalties provided in the Revised
Code,
the license or permit of any person who is convicted of
three
violations of this section relating to walleye or sauger is
suspended upon the third such conviction by operation of law for a
period
of sixty days immediately following that conviction.
In addition to other penalties provided in the Revised
Code,
any person who is convicted of four violations of this
section
relating to walleye or sauger imported from without the
state that
occurred within a period of thirty-six
months is prohibited upon
the fourth such conviction by operation of law
from transporting,
buying, selling, or dealing in walleye and
sauger for a period of
sixty months immediately following
that conviction.
In addition to other penalties provided in the Revised
Code,
the license or permit of any person who is convicted of
four
violations of this section relating to walleye or sauger,
other
than walleye or sauger imported from without the state, is
revoked
upon the fourth such conviction by operation of law, and the
person is permanently barred from obtaining another license or
permit of the type revoked.
In addition to other penalties provided in the Revised
Code,
the license of any person who is convicted of three or more
violations of this section relating to ten per cent by weight of
undersized fish that occurred within a twelve-month
period is
suspended upon the third or subsequent such conviction by
operation
of law for
a period of twenty fishing season days
immediately following that
conviction.
During any period of suspension or revocation, no person
shall use or engage in fishing with commercial gear owned, used,
or controlled at the time of conviction by the licensee whose
license or permit has been suspended or revoked.
As used in this section, "sale of fish" includes, but is
not
limited to, fish sold in the round or part thereof and
fish sold
as part of a meal or service, but does not
include canned fish.
For purposes of determining any license or permit
suspension
or revocation required by this section, multiple
convictions
resulting from violations of this section
that occurred at the
same time, on the same day, and at the
same location, are deemed
to be a single conviction of one
violation.
Sec. 1533.631. Any person may apply for a permit to handle
commercial fish, or other fish that may be bought or sold under
the Revised Code or division rule, at wholesale. Prior to making
application for such a permit, a person first shall satisfy the
following qualifications to the satisfaction of the chief of the
division of wildlife: over eighteen years of age, no prior
conviction of or plea of guilty on or after the effective date of
this amendment to a felony concerning commercial
fishing
activities for a violation of state or federal law, and
ninety
days Ohio residency immediately preceding application. The
chief
of
the division of wildlife shall issue an annual permit
granting
the applicant the privilege to handle such fish at
wholesale at
one or more designated premises upon satisfaction of
the
pre-application qualifications, filing of an application on
a
form prescribed by the chief, and payment of a fee of
sixty-five
dollars. No person or a person's agent shall handle at
wholesale
any fresh water fish or part thereof unless a permit has been
issued
for the calendar year in which the fish is handled at
wholesale
for the premises at which the fish is handled.
A fish is handled at wholesale for purposes of this section
when it is on a premises within the state and is being held,
stored, handled, or processed for the purpose of sale to a person
who ordinarily resells the fish.
The permit required by this section shall be issued subject
to the right of entry and inspection of the designated premises
of
the permittee by any law enforcement officer authorized by
section
1531.13 of the Revised Code to enforce the laws and rules of the
division of wildlife. Such an
officer may enter and inspect the
designated premises and any
box, package, or receptacle, and the
contents thereof, for the
purpose of determining whether any
provision of this chapter or Chapter 1531.
of the Revised Code or
division rule is being violated.
No person holding a permit under this section shall remove
a
label required by section 1533.301 of the Revised Code unless
the
box, package, or receptacle bearing the label has been
opened or
unless the label is replaced with another label that
meets the
requirements of that section.
No person shall fail to comply with any provision of this
section or division rule adopted pursuant to it.
In addition to other penalties provided in the Revised Code,
the permit of any person who is convicted of two violations of
this section that occurred within a twelve-month
period is
suspended upon the second such conviction by operation of law for
a period of five fishing season days immediately following
that
conviction.
In addition to other penalties provided in the Revised Code,
the permit of any person who is convicted of three or more
violations of this section that occurred within a
twelve-month
period is suspended upon the third or subsequent such conviction
by
operation of law for a period of twenty fishing season days
immediately following that conviction.
During any period of suspension, no person shall use or
engage in handling commercial fish at wholesale with equipment or
facilities owned, used, or controlled at the time of conviction
by
the permittee whose permit has been suspended.
Sec. 1533.64. Fish lawfully confined in a net, or by a
device authorized by law, are the property of the owner or person
operating the net or other device, and no. No person other than
the
owner or person in control of the net or other device shall
take
or catch from it or possess a fish that is or has been so
confined unless the person so taking, catching, or possessing the
fish has been authorized in writing to do so by the owner or
person in control of the net or other device. Each fish taken from
and each fish had in possession
that was taken from any net or
other device legally operated in
any of the waters of this state
by any person other than the
owner
or his the owner's agent
operating the net or other device
constitutes a separate offense.
No person shall fail to comply with this
section or a
division rule adopted pursuant thereto.
In addition to other penalties provided in the Revised Code,
the license of any person who is convicted of two violations of
this section that occurred within a twelve-month
period is
suspended upon the second such conviction by operation of law for
a period of sixty fishing season days immediately following
that
conviction.
In addition to other penalties provided in the Revised Code,
the license of any person who is convicted of three or more
violations of this section that occurred within a
twelve-month
period is suspended upon the third or subsequent such conviction
by
operation of law for a period of eighteen fishing season months
immediately following that conviction.
During any period of suspension, no person shall use or
engage in fishing with commercial gear owned, used, or controlled
at the time of conviction by the licensee whose license has been
suspended.
Sec. 1533.641. (A) If a person is convicted of or pleads
guilty on or after the effective date of this section to a felony
related to commercial fishing activities for a
violation of state
or federal law, all commercial fishing licenses
issued under
section 1533.35 of the Revised Code and all permits
to handle
commercial fish or other fish at wholesale issued under
section
1533.631 of the Revised Code to that person are
permanently
revoked by operation of law.
(B)(1) If a commercial fishing licensee, such a licensee's
authorized representative, a person that has been issued a permit
under section 1533.631 of the Revised Code to handle commercial
fish or other fish at wholesale, or such a permittee's authorized
representative is convicted of or pleads guilty to a violation of
section 1533.341, 1533.343, 1533.41, 1533.42, 1533.62, 1533.63,
1533.631, or 1533.64 of the Revised Code or any division rule
pertaining to those sections, the licensee's license or the
permittee's permit, as applicable, shall be suspended for a period
of thirty fishing season days. Not later than seven days after
receipt of a notification under division (F) of this section, the
chief of the division of wildlife shall suspend the license or
permit.
(2) If a person is convicted of or pleads guilty to a second
violation of a section of the Revised Code that is listed in
division (B)(1) of this section or any division rule pertaining to
those sections within ten years after being convicted of or
pleading guilty to the first violation, the applicable licensee's
license or permittee's permit shall be suspended for a period of
sixty fishing season days. Not later than seven days after
receipt of a notification under division (F) of this section, the
chief shall suspend the license or permit.
(3) If a person is convicted of or pleads guilty to a third
violation of a section of the Revised Code that is listed in
division (B)(1) of this section or any division rule pertaining to
those sections within ten years after being convicted of or
pleading guilty to the first violation, the applicable licensee's
license or permittee's permit shall be permanently revoked. Not
later than seven days after receipt of a notification under
division (F) of this section, the chief shall revoke the license
or permit.
(C) During any period of suspension of a license or permit
under this section, no person shall use or engage in fishing with
commercial gear, or in handling commercial fish or other fish at
wholesale with equipment, owned, used, or controlled at the time
of conviction or plea by the licensee or the licensee's authorized
representative or by the permittee or the permittee's authorized
representative, as applicable.
(D) A person whose license has been suspended by operation of
law pursuant to any provision of this chapter or Chapter 1531. of
the Revised Code or division rule is not eligible to apply for or
receive a new commercial fishing license issued under section
1533.35 of the Revised Code or a permit to handle commercial fish
or other fish at wholesale issued under section 1533.631 of the
Revised Code during the period of the suspension.
(E) For purposes of determining a license or permit
suspension or revocation for a violation of section 1533.63 of the
Revised Code, multiple convictions resulting from violations of
that section that occurred at the same time, on the same day, and
at the same location are deemed to be a single conviction of one
violation.
(F) The clerk of the court before which a person is convicted
of or pleads guilty to a violation of state or federal law as
described in division (A) of this section or a section of the
Revised Code that is listed in division (B)(1) of this section or
any division rule pertaining to those sections shall send written
notification to the chief of the conviction or plea together with
the person's name and address not later than ten days after the
date of conviction or plea.
SECTION 2. That existing sections 1531.10, 1533.34, 1533.341,
1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631,
and
1533.64 of the Revised Code are hereby repealed.
SECTION 3. It is the intent of the General Assembly, by
amending sections 1531.10, 1533.34, 1533.341, 1533.342, 1533.35,
1533.36,
1533.42, 1533.62, 1533.63, 1533.631, and 1533.64 and
enacting sections 1533.343 and 1533.641 of the Revised Code in
this act, to protect the resources of Lake Erie and provide for
the reasonable regulation of commercial fishing and not to
eliminate commercial fishing in this state.
SECTION 4. (A) There is hereby created the Ohio Lake Erie
Fishing Regulatory Reform Task Force. The Task Force shall consist
of three members of the House of Representatives appointed by the
Speaker of the House of Representatives, two of whom shall be from
the majority party and one of whom shall be from the minority
party, three members of the Senate appointed by the President of
the Senate, two of whom shall be from the majority party and one
of whom shall be from the minority party, and the following
members appointed by the Governor:
(1) Two members representing the commercial fishing industry,
one of whom shall be a fish wholesaler;
(2) Two members representing the sport fishing industry, one
of whom shall be a charter boat operator;
(3) Two members representing academia with expertise in
fisheries management;
(4) Two members from the Department of Natural Resources;
(5) One member representing the Governor's office.
Appointments to the Task Force shall be made not later than
fifteen days after the effective date of this section. The
Governor shall designate a chairperson of the Task Force. The Task
Force shall meet as often as necessary to complete the
requirements of this section, but shall meet not less than once
each month.
(B) The Task Force shall conduct an evaluation of all of the
following:
(1) Catch quota allocations associated with various species
of fish in Lake Erie;
(2) Size limitations for species of game fish in Lake Erie;
(3) Existing vessel monitoring devices and electronic
reporting devices for charter and commercial fishing vessels;
(4) Possible incentives for catching rough fish;
(5) Fisheries resource management practices in Lake Erie;
(6) Current practices relating to the transfer of commercial
fishing licenses;
(7) Fisheries resource management practices utilized by other
states bordering the Great Lakes.
(C) Not later than December 31, 2007, the Task Force shall
prepare and submit a report of its findings to the General
Assembly and the Division of Wildlife in the Department of Natural
Resources. The report shall include recommendations for statutory,
rulemaking, and regulatory changes to Ohio's commercial fishing
laws governing commercial fishing.
(D) After the submission of the report under division (C) of
this section, the Task Force ceases to exist.
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