Am.
Sub. S.B. 77
127th General Assembly
(As Passed by the General Assembly)
Sens. Grendell, Spada, Mumper, Harris, D. Miller, Niehaus, Roberts, Sawyer, Schaffer, Schuler, Smith, Buehrer, Morano, Padgett, R. Miller, Wilson, Mason, Faber
Reps. Aslanides, Distel, Blessing, Bubp, Collier, Evans, J. Hagan, Mandel, J. McGregor, Patton, Schindel, Seitz
Effective date: *
ACT SUMMARY
· Revises the requirements for application for a new commercial fishing license and renewal of a commercial fishing license and for application for a permit to handle commercial fish or other fish bought or sold at wholesale, including the addition of a requirement that an applicant cannot have a prior conviction of or guilty plea to a felony on or after the act's effective date concerning commercial fishing activities for a violation of state or federal law.
· Revokes permanently by operation of law all commercial fishing licenses and all permits to handle fish at wholesale issued under the Hunting and Fishing Law to a person when the person is convicted of or pleads guilty on or after the act's effective date to a felony related to commercial fishing activities for a violation of state or federal law.
· Replaces certain former provisions related to suspension and revocation of a commercial fishing license or a permit to handle fish at wholesale with new suspension and revocation requirements for such licenses and permits, and consolidates them in one statute.
· Requires the clerk of the court before which a person is convicted of or pleads guilty to specified violations to send notice of the conviction or plea to the Chief of the Division of Wildlife.
· Establishes additional conditions for the transfer of a commercial fishing license issued under Ohio law.
· Prohibits a commercial fishing licensee, on and after March 1, 2008, from using or engaging in fishing with commercial gear unless the licensee uses vessel and catch monitoring devices in accordance with requirements and procedures established by the Chief, requires the Chief to establish by rule requirements and procedures for such devices, and requires a commercial fishing licensee to pay the costs of purchasing, installing, and maintaining the devices.
· Requires a commercial fishing licensee to record daily catch data on a daily report form rather than on a monthly report form as in prior law.
· Removes mullet from the types of fish that may be taken with a seine.
· Eliminates the legal length limits for buffalo fish, suckers, and cohos.
· Eliminates the annual fee for a license for a commercial fishing dip net.
· In establishing the quota management system to manage the Lake Erie fishery resources, eliminates the requirements that the Chief and the Wildlife Council consider the proportional taking of a species between the sport and commercial interests and within the commercial industry during the immediately preceding five years.
· Codifies in statutory law several provisions and concepts established in rules that have been adopted by the Chief and govern commercial fishing.
· With respect to any proposed adoption of or change to a rule that regulates commercial fishing, requires the Chief to provide, by certified mail, notification of the proposal to each holder of a valid commercial fishing license.
· Creates 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 regarding statutory, rulemaking, and regulatory changes.
TABLE OF CONTENTS
Application requirements for commercial fishing licenses
Application requirements for permits to handle commercial fish or other
fish
at wholesale
Forfeiture of commercial fishing licenses and permits to handle fish at
wholesale
Suspension and revocation of commercial fishing licenses and permits to
handle fish at wholesale
Suspension and revocation requirements
Court notification of violations
Transfer of commercial fishing license
Vessel and catch monitoring devices
Fish that may be taken with seine
Legal length of buffalo fish, sucker, and coho
Determination of apportionment and distribution under quota management
system
Codification in statute of certain administrative rules
Notification of proposed rule change
Ohio Lake Erie Fishing Regulatory Reform Task Force
CONTENT AND OPERATION
The act revises the requirements for application for a commercial fishing license. Under continuing law, any person, prior to making application for an Ohio commercial fishing license, first must satisfy certain qualifications to the satisfaction of the Chief of the Division of Wildlife in the Department of Natural Resources. The act eliminates prior law that exempted persons licensed during the prior fishing season from being required to satisfy the qualifications. Continuing law specifies that the qualifications include 90 days' Ohio residency immediately preceding the application, two years' commercial fishing gear experience or holder of an Ohio commercial license of another gear, and posting of a $1,000 performance bond or cash deposit in a like amount. The act adds the qualifications of being over 18 years of age and having no prior conviction of or plea of guilty on or after the act's effective date to a felony concerning commercial fishing activities for a violation of state or federal law. (Sec. 1533.342.)
Continuing law specifies that a person who was issued an Ohio commercial fishing license in the prior fishing season, upon proper application, must be issued a license of the same type for the current fishing season unless the issuance of the license is prohibited by the Hunting and Fishing Law, the Division of Wildlife Law, or a Division of Wildlife rule. The act adds that in order to be issued the license the person must satisfy the qualifications described above. (Sec. 1533.342.)
Continuing law specifies that when a person applies to the Chief for a license, the Chief may issue the license upon receiving the proper fees. The act adds that the person must satisfy the qualifications described above in order for the Chief to issue the license. Under continuing law, a license remains in force and entitles the holder of it 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. (Sec. 1533.34.)
The act revises the requirements for a permit to handle commercial fish or other fish bought or sold at wholesale. Under continuing law, any person may apply for a permit to handle commercial fish or other fish that may be bought or sold at wholesale. Law generally retained by the act specifies that a fish is handled at wholesale 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 act replaces "person who ordinarily resells the fish" with "person who resells the fish."
The act adds that prior to making application for such a permit, a person first must satisfy the following qualifications to the satisfaction of the Chief: over 18 years of age, no prior conviction of or plea of guilty on or after the act's effective date to a felony concerning commercial fishing activities for a violation of state or federal law, and 90 days' Ohio residency immediately preceding application. Continuing law requires the Chief to issue an annual permit granting the applicant the privilege to handle fish at wholesale at one or more designated premises upon filing of an application on a form prescribed by the Chief and payment of a $65 fee. The act adds that the applicant must satisfy the pre-application qualifications in order for the Chief to issue the permit. (Sec. 1533.631.)
The act permanently revokes by operation of law all commercial fishing licenses issued under the Hunting and Fishing Law and all permits to handle commercial fish or other fish at wholesale issued under that Law to a person when the person is convicted of or pleads guilty on or after the act's effective date to a felony related to commercial fishing activities for a violation of state or federal law (sec. 1533.641(A)).
The act replaces all of the provisions discussed below related to suspension and revocation of commercial fishing licenses and permits to handle fish at wholesale with new suspension and revocation requirements and consolidates them in one statute. Under the act, if a commercial fishing licensee, a licensee's authorized representative, a person that has been issued a permit to handle fish at wholesale, or a permittee's authorized representative is convicted of or pleads guilty to a violation of any of the statutes governing commercial fishing that are discussed below, or any Division rule pertaining to those statutes, the licensee's license or the permittee's permit, as applicable, must be suspended for a period of 30 fishing season days. If a person is convicted of or pleads guilty to a second violation within ten years after being convicted of or pleading guilty to the first violation, the applicable licensee's license or permittee's permit must be suspended for a period of 60 fishing season days. If a person is convicted of or pleads guilty to a third violation within ten years after being convicted of or pleading guilty to the first violation, the applicable licensee's license or permittee's permit must be revoked. Furthermore, the act requires the Chief to suspend or revoke, as applicable, the license or permit not later than seven days after receipt of the court's notification of the conviction or plea (see "Court notification of violations," below). (Sec. 1533.641(B).)
The act also consolidates and relocates to the new statute language that previously was found in all of the statutes discussed below and that provides that during any period of suspension of a license or permit under the act as discussed above, no person is permitted to 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 (sec. 1533.641(C)). Similarly, the act relocates to the new statute and slightly revises language under which a person whose license has been suspended by operation of law pursuant to any provision of the Hunting and Fishing Law or the Division of Wildlife Law or Division rule is not eligible to apply for or receive a new commercial fishing license or permit to handle fish at wholesale during the period of the suspension (sec. 1533.641(D)).
In addition, the act moves to the new statute language previously in the statute governing the legal length and weight of specified types of fish (see below) that states that for purposes of determining a license or permit suspension or revocation for a violation of that continuing statute, multiple convictions resulting from violations of that statute 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. 1533.641(E)).
Finally, the act applies all of the above provisions that are in the new consolidated statute to anyone who violates the act's vessel and catch monitoring devices requirements (see "Vessel and catch monitoring devices," below) and the continuing statute establishing commercial fishing seasons (secs. 1533.343, 1533.41, not in the act, and 1533.641(B), (C), and (D)).
Quota management system. Continuing law authorizes the Chief of the Division of Wildlife with the approval of the Wildlife Council to establish by Division rule a quota management system that consists of determining the species and number or pounds of the maximum allowable annual taking of the Lake Erie fishery resources or parts of those resources in order to prevent over exploitation of any species and assure the conservation and wise use of all species and the determination of the distribution of the maximum allowable annual taking between and within sport and commercial interests (fisheries under the act). It requires compliance with any quota set, other provisions of the statute governing the quota management system, and applicable Division rules (see also "Determination of apportionment and distribution under quota management system," below).
Prior law stated that the license of any person who was convicted of two violations of the law pertaining to the quota management system within a 12-month period was suspended upon the second such conviction for a period of 60 fishing season days. The license of any person who was convicted of three or more violations of that law within a 12-month period was suspended upon the third or subsequent such conviction for a period of 18 fishing season months. The act relocates language specifying that any person whose license has been suspended or revoked pursuant to any provision of the Hunting and Fishing Law or the Division of Wildlife Law is not eligible to apply for or receive a new license during the period of suspension or revocation. (Sec. 1533.341.)
Commercial fishing reports for each day's catch. Continuing law requires commercial fishing licensees to keep accurate reports for each day's catch on forms provided by the Chief and establishes procedures and requirements for purposes of reporting each day's catch. It also requires compliance with any statutory report procedure, other provisions of the statute governing reporting, and applicable Division rules (see also "Daily catch report," below).
Prior law stated that the license of any person who was convicted of two violations of the law pertaining to reports for each day's catch within a 12-month period was suspended upon the second such conviction for a period of 60 fishing season days. The license of any person who was convicted of three or more violations of that law within a 12-month period was suspended upon the third or subsequent such conviction for a period of 18 fishing season months. (Sec. 1533.42.)
Use of seines and nets. Continuing law establishes requirements concerning the dimensions and specifications for seines and the locations where seines and nets may be used. It requires compliance with those requirements and with applicable Division rules (see also "Fish that may be taken with seine," below).
Prior law stated that the license of any person who was convicted of two violations of the law pertaining to seines and nets within a 12-month period was suspended upon the second such conviction for a period of five fishing days. The license of any person who was convicted of three or more violations of that law within a 12-month period was suspended upon the third or subsequent such conviction for a period of 20 fishing season days. (Sec. 1533.62.)
Legal length and weight of certain fish. Continuing law establishes permissible lengths and weights of specified types of fish that may be taken, bought, and sold, other requirements concerning the taking, buying, and selling of specified types of fish, and other miscellaneous requirements related to specified types of fish. It requires compliance with those requirements and applicable Division rules (see also "Legal length of buffalo fish, sucker, and coho," below).
Prior law stated that the license of any person who was convicted of two violations of the statute related to the legal length and weight of certain types of fish, other than those relating to 10% by weight of undersized fish, that occurred within a 12-month period was suspended upon the second such conviction for a period of 60 fishing season days. The license of any person who was convicted of three or more violations of that statute, other than those relating to 10% by weight of undersized fish, that occurred within a 12-month period was suspended upon the third or subsequent conviction for a period of 18 fishing season months.
In addition, the license or permit of any person who was convicted of two violations of that statute relating to walleye or sauger was suspended upon the second such conviction for a period of 20 days. The license or permit of any person who was convicted of three violations of that statute relating to walleye or sauger was suspended upon the third conviction for a period of 60 days.
Any person who was convicted of four violations of that statute relating to walleye or sauger imported from outside Ohio that occurred within a 36-month period was prohibited upon the fourth conviction from transporting, buying, selling, or dealing in walleye and sauger for a period of 60 months. The license or permit of any person who was convicted of four violations of that statute relating to walleye or sauger, other than walleye or sauger imported from outside Ohio, was revoked upon the fourth conviction and the person was permanently barred from obtaining another license or permit of the type revoked. Furthermore, prior law stated that the license of any person who was convicted of three or more violations of that statute relating to 10% by weight of undersized fish that occurred within a 12-month period was suspended upon the third or subsequent conviction for a period of 20 fishing season days. (Sec. 1533.63.)
Permit to handle commercial fish or other fish at wholesale. Continuing law establishes fees and requirements concerning permits to handle commercial fish or other fish that may be bought or sold at wholesale. It requires compliance with any statutory provision related to permits to handle fish at wholesale and with applicable Division rules (see also above). (Sec. 1533.631.)
Prior law stated that the permit of any person who was convicted of two violations of the statute pertaining to permits to handle fish at wholesale within a 12-month period was suspended upon the second such conviction for a period of five fishing season days. The permit of any person who was convicted of three or more violations of that statute within a 12-month period was suspended upon the third or subsequent such conviction for a period of 20 fishing season days. (Sec. 1533.631.)
Property rights in fish. Continuing law establishes that fish lawfully confined in a net or by another authorized device are the property of the owner or person operating the net or other device and generally cannot be taken by another person when the fish are so confined. It requires compliance with that requirement and applicable Division rules. (Sec. 1533.64.)
Prior law stated that the license of any person who was convicted of two violations of the statute pertaining to lawfully confined fish within a 12-month period was suspended upon the second such conviction for a period of 60 fishing season days. The license of any person who was convicted of three or more violations of that statute within a 12-month period was suspended upon the third or subsequent such conviction for a period of 18 fishing season months. (Sec. 1533.64.)
Other penalties. All of the statutes discussed above continue to state that the penalties established by them are in addition to other penalties provided in the Revised Code (secs. 1533.341, 1533.42, 1533.62, 1533.63, 1533.631, and 1533.64).
The act requires the clerk of the court before which a person is convicted of or pleads guilty to a felony related to commercial fishing activities for a violation of state or federal law as discussed above or is convicted of or pleads guilty to any specified provision of the Hunting and Fishing Law or any Division of Wildlife rule pertaining to those provisions as discussed above to send written notification to the Chief of the Division of Wildlife 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. 1533.641(F)).
Continuing law establishes license fees for commercial fishing devices. It also establishes royalty fees for catfish, white bass, and yellow perch when taken commercially. Continuing law also prohibits anyone from failing to comply with any of those provisions or an applicable Division rule.
Prior law stated that in addition to other penalties provided in the Revised Code, the license of any person who was convicted of one or more such violations must be suspended for a period of 18 fishing season months. During any period of suspension, no person was permitted to use or engage in fishing with commercial gear owned, used, or controlled at the time of conviction by the licensee. The act repeals those provisions. (Sec. 1533.35.)
Continuing law states that notwithstanding any other provision in the Revised Code and except as otherwise provided by Division rule, a licensee holding a commercial fishing license issued under the Hunting and Fishing Law may transfer that license to a person holding a commercial fishing license issued under Ohio law or to a person meeting the qualifications governing applications for commercial fishing licenses (revised by the act as discussed above). Furthermore, a transfer is subject to specified conditions. The conditions include the following:
(1) The transferred license is limited to the type of commercial fishing gear for which the original license was issued;
(2) The transfer does not affect any other commercial fishing license privilege possessed by the transferor;
(3) Application for the transfer may be made at any time and must be made simultaneously by the transferor and transferee on forms provided by the Division of Wildlife;
(4) When a license is transferred during the open commercial fishing season, the transferee may be issued a license only upon the Division's receipt of payment of the applicable annual license fees plus any unpaid fees that have not been paid by the transferor at the time of transfer;
(5) A license can be transferred only upon payment to the Division of the royalty fees imposed under continuing law that have accrued to the date of transfer;
(6) A license may be transferred at any time, but it cannot 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; and
(7) After determining that a transfer is proper, the Chief must effect the transfer by revocation of the license of the transferor and simultaneous issuance of the appropriate license to the transferee.
The act adds the following two conditions: (1) the transferred license cannot be sold, offered for sale, or bartered to any person, and (2) the Chief, with the approval of the Director of Natural Resources, must determine if any quota species of fish are transferable with the transferred license. In making the determination, the Chief must use biological, social, and economic data. In addition, the act eliminates prior law that authorized the transferor, as permitted by law, to continue to renew and use any license not transferred. (Sec. 1533.36(B).)
The act prohibits a commercial fishing licensee, on and after March 1, 2008, from using or engaging 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 must establish requirements and procedures concerning vessel and catch monitoring devices by Division rule. A licensee must pay the costs of purchasing, installing, and maintaining the devices. (Sec. 1533.343.)
Continuing law requires every commercial fishing licensee to keep an accurate record of each day's catch. Under prior law, the record was required to be kept on a monthly report form. The act instead requires the record to be kept on a daily report form. Continuing law requires the report to include at least the number of pounds of each kind of fish taken, the kind and amount of fishing gear lifted, the number of lifts, and any other data the biologists employed by the Division require in following the trend of the fisheries. The act eliminates prior law that also required the report to include the number of fishing nights and the locality fished and instead requires the report to include the grid fished. In addition, the act eliminates prior law that required the licensee to report each month's data to the Chief and instead requires the licensee to report each day's data to the Chief. (Sec. 1533.42.)
Under prior law, the daily catch data were required to be reported accurately on the respective date on a report form approved by the Chief no later than noon on the day following the day in which the fish were taken. The monthly report and any other required report were required to be submitted to the Division no later than the 15th day of the month following the end of the calendar month in which the fish were taken. The act eliminates those requirements and instead requires the daily catch data to be recorded accurately in a manner and on a form prescribed by the Chief in Division rule. (Sec. 1533.42.)
Law generally retained by the act authorizes a licensee to take carp, buffalo fish, mullet, suckers, sheepshead, goldfish, bowfin, and gizzard shad with a seine in specified waters. The act removes mullet from the types of fish that may be taken with a seine. (Sec. 1533.62.)
Continuing law establishes the permissible lengths of specified types of fish that may be taken, caught, bought, sold, transported, or possessed. Of the specified types of fish, prior law prohibited a person from taking a buffalo fish less than 15 inches in length, a sucker less than ten inches in length, or a coho less than 25 inches in round length or 21½ inches when headless. The act eliminates the legal length limits for buffalo fish, suckers, and cohos. (Sec. 1533.63.)
Law generally retained by the act establishes annual fees for the issuance of commercial fishing device licenses. The act eliminates prior law that established a $100 license fee for each dip net. (Sec. 1533.35(A).)
Continuing law authorizes the Chief of the Division of Wildlife with the approval of the Wildlife Council to establish a quota management system to manage the Lake Erie fishery resources. Under law generally retained by the act, one aspect of the quota management system is the determination on an equitable basis of the distribution of the maximum allowable annual taking between and within sport and commercial interests. The act instead provides that the distribution of the maximum allowable annual taking is between and within the sport and commercial fisheries and generally replaces references to sport and commercial interests with sport and commercial fisheries. (Sec. 1533.341.)
Former law specified that in determining and establishing the apportionment of the maximum allowable annual taking of a species between the sport and commercial interests, the Chief and the Wildlife Council were required to be guided by the proportional sport and commercial taking of the species during the immediately preceding five years. In addition, former law required the Chief and the Wildlife Council, in determining the distribution of the apportionment within the commercial industry, to consider the proportional commercial taking of a species within the commercial industry during the immediately preceding five years. The act eliminates those requirements, but retains continuing law that requires pertinent scientific, economic, and social data to be considered in making both determinations. (Sec. 1533.341.)
The act adds to statutory law several provisions and concepts that are established in rules that have been adopted by the Chief and govern commercial fishing. One such provision prohibits a person who holds a commercial fishing license and who uses trap nets from harvesting 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 management system established by the Chief (see above). The act also codifies in statute a provision established in rules specifying that a person who holds a commercial fishing license and an employee of such a person are prohibited from possessing 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 by rule for the purpose of implementing the quota system. (Sec. 1533.341.)
Continuing law generally requires every licensee taking fish with commercial fishing gear, except a trotline of 70 hooks or less, in any of the waters mentioned in the law governing hunting and fishing or rules adopted under it, to keep accurate reports for each day's catch on forms provided, and in the manner prescribed, by the Chief. The act requires the reports to be open for inspection by a wildlife officer at all reasonable hours. (Sec. 1533.42.)
Law retained in part by the act prohibits a person from bringing ashore, or possessing 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. The act, in order to make that statutory provision consistent with a similar provision established in rules, makes that prohibition applicable at any time rather than only when a person is going to or returning from nets or other fishing devices. (Sec. 1533.63.)
A rule adopted by the Chief prohibits a person from possessing 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. The act adds that prohibition to statutory law. (Sec. 1533.63.)
Law generally retained by the act prohibits a person from taking, buying, selling, bartering, giving away, delivering, shipping, transporting, or possessing any package, container, or quantity with more than 10% by weight of undersized fish or any other species either round or filleted mentioned in continuing law or rules adopted under it. In order to make the statutory provision consistent with a similar provision established in rules, the act instead prohibits a person from taking, buying, selling, transporting, causing to be transported, or possessing a container, quantity, boat load, catch, or haul with more than 10% by weight of undersized fish or any other species either round, filleted, or headless mentioned in continuing law or rules adopted under it. (Sec. 1533.63.)
A rule adopted by the Chief prohibits a person from taking, possessing, buying, selling, delivering, transporting, shipping, trading, or giving 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. The act adds that prohibition to statutory law. (Sec. 1533.63.)
Continuing law specifies that 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 prohibits a person other than the owner or person in control of the net or other device from taking or catching from it or from possessing a fish that is or has been so confined. In order to make that statutory provision consistent with a similar provision established in rules, the act establishes an exception to the prohibition if 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. (Sec. 1533.64.)
Continuing law authorizes the Chief of the Division of Wildlife to adopt, amend, and rescind rules that are necessary for the law governing hunting and fishing. The act requires the Chief, with respect to any proposed adoption of or change to a rule that regulates the taking of commercial fish or establishes related provisions, to provide, by certified mail, notification of the proposal to each holder of a valid commercial fishing license. (Sec. 1531.10.)
The act creates the Ohio Lake Erie Fishing Regulatory Reform Task Force. The Task Force consists of three members of the House of Representatives appointed by the Speaker of the House of Representatives, two of whom must be from the majority party and one of whom must be from the minority party, three members of the Senate appointed by the President of the Senate, two of whom must be from the majority party and one of whom must be from the minority party, and the following members appointed by the Governor: two members representing the commercial fishing industry, one of whom must be a fish wholesaler; two members representing the sport fishing industry, one of whom must be a charter boat operator; two members representing academia with expertise in fisheries management; two members from the Department of Natural Resources; and one member representing the Governor's office. (Section 4(A).)
Appointments to the Task Force must be made not later than 15 days after the act's effective date. The Governor must designate a chairperson of the Task Force. The Task Force must meet as often as necessary to complete the requirements that the act establishes for it, but must meet not less than once each month. (Section 4(A).)
The act requires the Task Force to conduct an evaluation of all of the following: catch quota allocations associated with various species of fish in Lake Erie, size limitations for species of game fish in Lake Erie, existing vessel monitoring devices and electronic reporting devices for charter and commercial fishing vessels, possible incentives for catching rough fish, fisheries resource management practices in Lake Erie, current practices relating to the transfer of commercial fishing licenses, and fisheries resource management practices utilized by other states bordering the Great Lakes. (Section 4(B).)
Not later than December 31, 2007, the Task Force must prepare and submit a report of its findings to the General Assembly and the Division of Wildlife. The report must include recommendations for statutory, rulemaking, and regulatory changes to Ohio's commercial fishing laws governing commercial fishing. (Section 4(C).) The act states that after the submission of the report, the Task Force ceases to exist. (Section 4(D).)
The act states that in enacting the act, it is the intent of the General Assembly to protect the resources of Lake Erie and provide for the reasonable regulation of commercial fishing and not to eliminate commercial fishing in Ohio (Section 3).
HISTORY
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ACTION |
DATE |
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Introduced |
02-22-07 |
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Reported, S. Environment & Natural Resources |
05-10-07 |
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Passed Senate (32-0) |
05-15-07 |
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Reported, H. Agriculture & Natural Resources |
06-26-07 |
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Passed House (73-25) |
06-27-07 |
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Senate concurred in House amendments (31-1) |
06-27-07 |
07-sb77-127.doc/kl
* The Legislative Service Commission had not received formal notification of the effective date at the time this analysis was prepared. Additionally, the analysis may not reflect action taken by the Governor.