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Sub. S. B. No. 77 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Spada, Mumper, Harris, Miller, D., Niehaus, Roberts, Sawyer, Schaffer, Schuler, Smith, Buehrer, Morano, Padgett, Miller, R., Wilson, Mason, Faber
A BILL
To amend sections 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, 1533.64, and 2953.32 and to enact sections 1533.343 and 1533.641 of the Revised Code to make changes to the law governing commercial fishing.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, 1533.64, and 2953.32 be amended and sections 1533.343 and 1533.641 of the Revised Code be enacted to read as follows:
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.
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 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.
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 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, or possess any package, container, or
quantity with more than ten per cent by weight of undersized fish
or any other species either round or filleted 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.
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 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 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. 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 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 fifteen 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 thirty 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.
Sec. 2953.32. (A)(1) Except as provided in section
2953.61
of the Revised Code, a first offender may apply to the
sentencing
court if convicted in this state, or to a court of
common pleas if
convicted in another state or in a federal court,
for the sealing
of the conviction record. Application
may be made at the
expiration of three years after the offender's final discharge if
convicted of a felony, or at the expiration of one year after the
offender's
final discharge if convicted of a misdemeanor.
(2) Any person who has been arrested for any misdemeanor
offense and who has effected a bail forfeiture may apply to the
court in which the misdemeanor criminal case was pending when
bail
was forfeited for the sealing of the record of the
case. Except
as provided in section 2953.61 of the Revised Code, the
application may be filed at any time after the expiration of one
year from the date on which the bail forfeiture was entered upon
the minutes of the court or the journal, whichever entry occurs
first.
(B) Upon the filing of an application under this section,
the court shall set a date for a hearing and shall notify the
prosecutor for the case of the hearing on the application. The
prosecutor may object to the granting of the application by
filing
an objection with the court prior to the date set for the
hearing.
The prosecutor shall specify in the objection the
reasons for
believing a denial of the application is
justified.
The court
shall direct its regular probation officer, a state
probation
officer, or the department of probation of the county
in which the
applicant resides to make inquiries and written
reports as the
court requires concerning the applicant.
(C)(1) The court shall do each of the following:
(a) Determine whether the applicant is a first offender or
whether the forfeiture of bail was agreed to by the applicant and
the prosecutor in the case. If the applicant applies as a
first
offender pursuant to division (A)(1) of this section and has
two
or three convictions that result from the same indictment,
information, or
complaint, from the same plea of guilty, or from
the same official proceeding,
and result from related criminal
acts that were committed within a three-month
period but do not
result from the same act or from offenses committed at the
same
time, in making its determination under this division, the court
initially shall determine whether it is not in the public interest
for the two
or three convictions to be counted as one conviction.
If the court determines
that it is not in the public interest for
the two or three convictions to be
counted as one conviction, the
court shall determine that the applicant is not
a first offender;
if the court does not make that determination, the court
shall
determine that the offender is a first offender.
(b) Determine whether criminal proceedings are pending
against the applicant;
(c) If the applicant is a first offender who applies
pursuant to division (A)(1) of this section, determine whether
the
applicant has been rehabilitated to the satisfaction of the
court;
(d) If the prosecutor has filed an objection in accordance
with division (B) of this section, consider the reasons against
granting the application specified by the prosecutor in the
objection;
(e) Weigh the interests of the applicant in having the
records pertaining to the applicant's conviction sealed against
the
legitimate needs, if any, of the government to maintain those
records.
(2) If the court determines, after complying with division
(C)(1) of this section, that the applicant is a first offender or
the subject of a bail forfeiture, that no criminal proceeding is
pending against the applicant, and that the interests of the
applicant in
having the records pertaining to the applicant's
conviction or bail
forfeiture sealed are not outweighed by any
legitimate
governmental needs to maintain those records, and that
the
rehabilitation of an applicant who is a first offender
applying
pursuant to division (A)(1) of this section has been
attained to
the satisfaction of the court, the court, except as
provided in
division (G) of this section, shall order all official
records
pertaining to the case sealed and, except as provided in
division
(F) of this section, all index references to the case
deleted
and, in the case of bail forfeitures, shall dismiss the
charges
in the case. The proceedings in the case shall be
considered not
to have occurred and the conviction or bail
forfeiture of the
person who is the subject of the proceedings
shall be sealed,
except that upon conviction of a subsequent
offense, the sealed
record of prior conviction or bail forfeiture
may be considered
by the court in determining the sentence or
other appropriate
disposition, including the relief provided for
in sections
2953.31 to 2953.33 of the Revised Code.
(3) Upon the filing of an application under this section,
the applicant, unless indigent, shall pay a fee of
fifty
dollars.
The court shall pay thirty dollars of the fee into the
state
treasury. It shall pay twenty dollars of the fee into the
county
general revenue fund if the sealed conviction or bail
forfeiture
was pursuant to a state statute, or into the general
revenue fund
of the municipal corporation involved if the sealed
conviction or
bail forfeiture was pursuant to a municipal
ordinance.
(D) Inspection of the sealed records included in the order
may be made only by the following persons or for the following
purposes:
(1) By a law enforcement officer or prosecutor, or
the
assistants of either,
to determine whether the nature and
character of
the offense with which a person is to be charged
would be
affected by virtue of the person's previously having been
convicted of a crime;
(2) By the parole or probation officer of the person who
is
the subject of the records, for the exclusive use of the
officer
in supervising the person while on parole or
under a
community control sanction or a post-release control sanction, and
in making inquiries and written reports as
requested by the court
or adult parole authority;
(3) Upon application by the person who is the subject of
the
records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's
assistants,
to determine a defendant's eligibility to enter a
pre-trial
diversion program established pursuant to section
2935.36 of the
Revised Code;
(6) By any law enforcement agency or any authorized
employee
of a law enforcement agency or by the department of
rehabilitation
and correction as part of a background
investigation of a person
who applies for employment with the
agency as a law enforcement
officer or with the department as a
corrections officer;
(7) By any law enforcement agency or any authorized
employee
of a law enforcement agency, for the purposes set forth
in, and in
the manner provided in, section 2953.321 of the
Revised Code;
(8) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of providing information to a board or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and
investigation or any
authorized employee of the bureau for the
purpose of performing a criminal
history
records check on a person
to whom a
certificate as prescribed in section 109.77 of the
Revised Code is to be awarded;
(10) By the bureau of criminal identification and investigation, an authorized employee of the bureau, a sheriff, or an authorized employee of a sheriff in connection with a criminal records check described in section 311.41 of the Revised Code;
(11) By the chief of the division of wildlife in the department of natural resources or any authorized employee of the division for the issuance or renewal of a commercial fishing license under section 1533.34 or 1533.342 of the Revised Code or for the issuance of a permit to handle commercial fish or other fish at wholesale under section 1533.631 of the Revised Code.
When the nature and character of the offense with which a
person is to be charged would be affected by the information, it
may be used for the purpose of charging the person with an
offense.
(E) In any criminal proceeding, proof of any otherwise
admissible prior conviction may be introduced and proved,
notwithstanding the fact that for any such prior conviction an
order of sealing previously was issued pursuant to sections
2953.31 to 2953.36 of the Revised Code.
(F) The person or governmental agency, office, or
department
that maintains sealed records pertaining to
convictions or bail
forfeitures that have been sealed pursuant to
this section may
maintain a manual or computerized index to the
sealed records.
The
index shall contain only the name of, and
alphanumeric
identifiers
that relate to, the persons who are the
subject of the
sealed
records, the word "sealed," and the name of
the person,
agency,
office, or department that has custody of the
sealed
records, and
shall not contain the name of the crime
committed.
The index shall
be made available by the person who
has custody of
the sealed
records only for the purposes set forth
in divisions
(C), (D), and
(E) of this section.
(G) Notwithstanding any provision of this section or
section
2953.33 of the Revised Code that requires otherwise, a
board of
education of a city, local, exempted village, or joint
vocational
school district that maintains records of an
individual who has
been permanently excluded under sections
3301.121 and 3313.662 of
the Revised Code is permitted to
maintain records regarding a
conviction that was used as the
basis for the individual's
permanent exclusion, regardless of a
court order to seal the
record. An order issued under this
section to seal the record of
a conviction does not revoke the
adjudication order of the
superintendent of public instruction to
permanently exclude the
individual who is the subject of the
sealing order. An order
issued under this section to seal the
record of a conviction of an
individual may be presented to a
district superintendent as
evidence to support the contention
that the superintendent should
recommend that the permanent
exclusion of the individual who is
the subject of the sealing
order be revoked. Except as otherwise
authorized by this
division and sections 3301.121 and 3313.662 of
the Revised Code,
any school employee in possession of or having
access to the
sealed conviction records of an individual that were
the basis of
a permanent exclusion of the individual is subject to
section
2953.35 of the Revised Code.
Section 2. That existing sections 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, 1533.64, and 2953.32 of the Revised Code are hereby repealed.
Section 3. It is the intent of the General Assembly, by amending sections 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, 1533.64, and 2953.32 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.
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