This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 1501:31-3-01 | Commercial fishing seasons.
Effective:
January 1, 2022
(A) In the lake Erie fishing
district, it shall be unlawful for any person to take or attempt to take fish
from a seine, or to set, maintain, or bait a seine except from March first to
June fourteenth and from the Wednesday following Labor day to December tenth
each year. (B) It shall be unlawful for any
person to take or attempt to take fish from any commercial fishing device, or
to set, maintain, or bait any such device in the lake Erie fishing district
except from March first to December tenth each year. Provided further, it shall
be unlawful for any person to take or attempt to take yellow perch (Perca
flavescens), with any commercial fishing device in the lake Erie fishing
district except from May first to December tenth of each year. (C) It shall be unlawful for any
person to take or attempt to take fish by any commercial fishing method without
first complying with the licensing provisions of Chapter 1533. of the Revised
Code and this chapter. (D) All definitions set forth in rule
1501:31-1-02 of the Administrative Code shall apply to this rule.
Last updated January 3, 2022 at 10:05 AM
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Rule 1501:31-3-02 | Legal length and weight of certain fish.
Effective:
January 1, 2022
Under authority of section 1533.63 of the Revised
Code and division (D) of section 1531.08 of the Revised Code, the chief of the
division of wildlife hereby orders that throughout the state: (A) It shall be unlawful for any person
to sell, buy, transport, take, catch, or possess channel catfish (Ictalurus
punctatus) less than fourteen and one-half inches in length, a yellow perch
(Perca flavescens and Perca fluviatilis) less than eight and one-half inches in
length, a yellow perch fillet or part fillet less than five and five-eighths
inches, a headless yellow perch less than six and seven-eighths inches in
length, a white bass (Morone chrysops) or white bass x white perch hybrid (M.
chrysops x M. Americana) less than eleven inches in length, a headless white
bass or white bass x white perch hybrid less than eight and three-fourths
inches in length, a white bass or white bass x white perch hybrid fillet or
part thereof less than six and one-half inches in length, a walleye (Sander
vitreus) less than fifteen and one-half inches in length, a walleye fillet or
part fillet of a length less than nine and one-half inches, a headless walleye
less than twelve and one-fourth inches in length, a bullhead (Ameiurus sp.)
less than nine inches in length, or a whitefish (Coregonus sp.) less than
seventeen inches in length. Suckers and buffalo fish of any size may be bought
and sold. Except as provided in paragraph (E) of this rule, all such fish
caught or taken of a weight or length less than prescribed in this rule, and
all fish that cannot be taken in Ohio waters by commercial fishing devices,
shall be released back to the water immediately with as little injury as
possible while the fishing device is lifted, hauled or operated. (B) It shall be unlawful for any person
to release any species of protected or undersized fish prescribed in this rule
into a privately owned pond, lake, live car, or other enclosure. (C) It shall be unlawful for any person
to bring ashore, or possess aboard a boat used in commercial fishing, a fish
mentioned in this rule with its head or tail removed or in such condition that
its length, weight, or species cannot be determined. (D) This rule does not prohibit the
catching, taking, or possession of undersized fish when caught or taken with
hook and line, other than a commercial trotline, but when such fish are taken
they cannot be bought or sold; provided that no person shall possess such
undersized fish, or a species not permitted to be taken commercially, aboard a
boat going to, while on, or when returning from commercial fishing
devices. (E) It shall be unlawful for any person
to take, possess, sell, buy, transport, or cause to be transported, a quantity,
container, boat load, catch or haul of any species of fish referred to in this
rule containing more than ten percent by weight of undersized round, filleted
or headless fish. (F) It shall be unlawful for any person
to take, by the aid of commercial fishing gear: blue pike; sauger; sturgeon;
brook, brown, rainbow, and lake trout; or coho, chinook, and pink salmon;
cisco; or mooneye from lake Erie or its tributaries or to possess any of the
aforementioned species on a boat going to or returning from commercial
fishing. (G) Lake trout; sauger; sturgeon, except
lake sturgeon (Acipenser fulvescens); coho, chinook, and pink salmon; cisco,
except lake herring (Coregonus artedi) legally acquired from out of the state
may be sold, bought, and possessed except as otherwise provided in this
paragraph. It shall be unlawful for any person to buy, sell, or possess a
sauger less than eleven inches in length, or sauger fillet of a weight less
than three ounces, or a part fillet of a weight less than one and one-half
ounces; a sturgeon, except lake sturgeon, less than forty-eight inches in
length; a cisco, except lake herring, less than eleven inches in
length. (H) It shall be unlawful for any person
to take, possess, buy, sell, deliver, transport, ship, trade or give away,
walleye (Sander vitreus) or part thereof, including roe, taken from Ohio waters
of lake Erie and its tributaries when taken by the aid of commercial fishing
gear. (I) It shall be unlawful for any person
to possess a walleye (Sander vitreus) or part thereof, including roe, upon or
in any boat, used in licensed commercial fisheries while such boat is going to,
when on, or when returning from commercial fishing devices. (J) It shall be unlawful for any person
to buy, sell, or trade walleye (Sander vitreus) taken from the Ohio waters of
lake Erie and its tributaries. (K) It shall be unlawful for any person
to possess or transport aboard a boat a quantity of walleye (Sander vitreus),
in excess of the daily bag limit per licensed angler as specified in paragraph
(A) of rule 1501:31-13-08 of the Administrative Code, except a nonresident
transportation permittee may transport a quantity of walleyes when in
conformity with sections 1533.301 and 1533.63 of the Revised Code. (L) A violation of the length, weight,
and species of fish required of this rule is a violation of section 1533.63 of
the Revised Code. (M) All provisions in section 1533.63 of
the Revised Code not mentioned in, or modified by this rule, shall remain in
effect. (N) "Headless" for this rule
shall mean the length of a fish from the tip of the tail to the point where the
head was removed. (O) It shall be unlawful for any person
to sell, buy, offer for sale, possess, or transport for sale fish which have a
length or weight limit, in any form other than round, headless, or as fillets,
except salmons and whitefish (Coregonus sp.) may be sold in steak form or
canned and channel catfish (Ictalurus punctatus) may be sold in nugget and
strip form. (P) Persons processing fish in any county
adjacent to lake Erie and in accordance with section 1533.56 of the Revised
Code, shall be required to keep accurate daily records for a period of two
years. Those records shall show the name and address of each owner or other
person from whom the processor receives the fish, the species, weight of fish,
and date. (Q) All definitions set forth in rule
1501:31-1-02 of the Administrative Code shall apply to this rule.
Last updated January 3, 2022 at 10:05 AM
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Rule 1501:31-3-03 | Limited entry of commercial fishermen; commercial fishing licenses.
Effective:
August 15, 2008
(A) Only those persons previously issued a commercial fishing license by the chief or his authorized agent, or a commercial fishing license transferred by the chief or his authorized agent, or a license in reserve in the prior fishing season will be issued a commercial fishing license by the chief or his authorized agent, provided that they have made proper application and paid the required fees on or before the first day of the current season for the type of commercial gear sought to be licensed. In the case of a license transferred during the commercial fishing season the transferor and transferee must have made proper applications and paid the required fees before the transfer was effective; provided such persons have complied with the necessary provisions in Chapters 1531. and 1533. of the Revised Code and division of wildlife orders in previous fishing seasons. (1) Additional units of trap nets as provided for in section 1533.35 of the Revised Code will only be issued to persons who had a license for the additional units of trap nets, or held them in reserve pursuant to paragraph (A)(2) of this rule, in the previous fishing season. (2) The chief may grant a written request to place a license or additional units of trap nets in reserve without payment for a maximum of five years. The five-year period will begin on the first day of a new season for the type of commercial gear for which a license had been issued during the prior fishing season; or, in the case of additional units of trap nets, the year in which such gear was last licensed. During such five-year period, no other person will be issued the license or additional units of trap nets held in reserve. A licensee shall not be permitted to take his license out of reserve in the same year that it is reserved. Licenses may be placed in reserve or taken out of reserve only during the closed commercial fishing season. (3) Any license issued pursuant to paragraph (A) of this rule shall be for the same type and amount of gear that was licensed in the previous fishing season, except, a person, including those presently holding a license, may be issued a transferred license in the same manner as a new applicant. (4) A person who held a license in the previous year but does not obtain or apply for the same type of license, or place it in reserve, on or before the first day of the commercial fishing season for such license will lose his right to renew such license and will have to apply as a new applicant. (5) All licenses or additional units of trap nets not renewed or placed in reserve by previous licensees, and any licenses which have been denied or revoked, may be reissued to a new applicant. (B) This rule does not apply to trotline, and carp apron licenses. Applications for such licenses shall be made in accordance with requirements prescribed in Chapters 1531. and 1533. of the Revised Code. (C) All provisions in section 1533.342 of the Revised Code not mentioned in or modified by this rule shall be in effect. (D) A violation of this rule is a violation of section 1533.342 of the Revised Code. (E) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.
Last updated February 27, 2023 at 10:53 AM
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Rule 1501:31-3-04 | Prohibited places and times for using nets in lake Erie.
(A) It shall be unlawful for any person to use or to set, place, fish, locate, or maintain a net or trotline in the limited fishing areas in the lake Erie fishing district described as follows: (1) From the Camp Perry firing area located in Ottawa county, north of Camp Perry and northwest of Port Clinton, Ohio, beginning at a point north of the mouth of the Toussaint river, located at longitude 83 03.4' and latitude 41 36' in the proximity of buoy (W-or-J); thence easterly at 93 for approximately 13,000 yards to a point located at longitude 82 54.8' and latitude 41 35.7' in the proximity of buoy (W-or-F); thence northwesterly at 326 for approximately 14,000 yards to a point located at longitude 83 00' and latitude 41 41.5' in the proximity of buoy (W-or-C); thence westerly at 270 for approximately 11,400 yards to a point located at longitude 83 07.6' and latitude 41 41.5' in the proximity of buoy (W-or-A); thence southeasterly at 150 for approximately 12,700 yards to the point of beginning. (2) Bass island area located in Ottawa county northeast of Port Clinton, beginning at buoy (R2) FI-6 Sec., south of South Bass island; thence northeasterly at 25 for approximately 11,650 yards to buoy (1) FI-4 Sec.-Bell; thence northerly at 12 for approximately 2,100 yards to international buoy (W-or-E); thence northwesterly at 302 for approximately 8,050 yards to buoy (R6) FI-r-4 Sec.-Bell; thence southwesterly at 203 for approximately 5,225 yards to buoy (RN2); thence southerly at 185 for approximately 8,100 yards to Green island light (FI-2-1/2 Sec.-80 ft. 8 Stm); thence southeasterly at 131 for approximately 6,050 yards to the point of beginning. (3) Kellys island area located in Erie and Ottawa counties north of Sandusky, Ohio, beginning at the Marblehead light (FI-G-6 Sec.-67 ft. 7 Stm); thence northwesterly at 339 for approximately 9,800 yards to buoy (R2)(FI-R-4 Sec.); thence northeasterly at 27 for approximately 10,700 yards to the Canadian-United States international line at the western tip of Middle island; thence southeasterly at 129 for approximately 7,100 yards to buoy (1)(FI-4 Sec.); thence southwesterly at 209 for approximately 15,100 yards to the point of beginning. (4) Ruggles reef area located in Erie county between Huron and Vermilion, Ohio, beginning at the east bank of the mouth of the Huron river, located at longitude 82 32.0' and latitude 41 23.9'; thence due north at 0 for 2,640 yards to a point located at longitude 82 32.9' and latitude 41 25.2'; thence easterly for approximately 19,108 yards, running parallel to and at a distance of 2,640 yards from the shoreline, to a point located at longitude 82 21.9' and latitude 41 26.9'; thence due south at 180 for 2,640 yards to the west bank of the mouth of the Vermilion river, located at longitude 82 21.9' and latitude 41 25.6'; thence westerly following the shoreline for approximately 19,108 yards to the point of beginning. (B) It shall be unlawful for any person to set or use in fishing a net or trotline within one-half mile of West Sister island, located in Jerusalem township, Lucas county waters of lake Erie northeast of Toledo, Ohio. (C) It shall be unlawful for any person to set, use or maintain from May fifteenth to October fifteenth each year a net or trotline within four nautical miles of the stipulated reference points at each of the following Ohio lake Erie harbors: Vermilion - the thirty-foot-high flashing white light at six-second intervals at longitude 82 21' 50.1" and latitude 41 25' 45.1". Lorain - the sixty-foot-high flashing white light at five-second intervals at longitude 82 11'43.29" and latitude 41 28' 51.62". Cleveland - the sixty-three-foot-high west pierhead light with alternating white and red continuous lights at ten-second intervals at longitude 81 43' 04.35" and latitude 41 30' 32.21" and the fifty-nine-foot-high east entrance light with isophase or equal interval red light with six-second phase at longitude 81 39' 05.06" and latitude 41 32' 34.98". Fairport harbor - the fifty-six-foot-high west breakwater light with isophase or equal interval red light with six-second phase at longitude 81 16' 54.46" and latitude 41 46' 03.03". Ashtabula - the forty-six-foot-high west pierhead light with a fixed red light at longitude 80 47' 42.12" and latitude 41 55' 11.68". Conneaut - the eighty-foot-high west pier light with alternating white and red continuous light at ten-second intervals at longitude 80 33' 27.29" and latitude 41 58' 48.07". Descriptions of reference point lights and their geographic locations are taken from the "National Oceanic and Atmospheric Administration National Survey Charts." All other geographic points used in this rule were taken from the "National Ocean Survey, Lake Survey Chart 14830, Aid to Navigation." (D) It shall be unlawful for any person to set a net or use any device in fishing, except a seine, in the following described area: Maumee bay waters of the lake Erie fishing district located in Lucas county north, northeast and east of Toledo, Ohio, beginning at the west bank of the mouth of the Maumee river; thence northwest and northerly following the lake Erie shoreline to the Ohio-Michigan boundary line; thence east and northeast following the Ohio-Michigan boundary line in lake Erie to Turtle island; thence southeasterly to the northerly tip of Cedar Point marsh in Jerusalem township; thence southwest and westerly following the lake Erie shoreline to the east bank of the mouth of the Maumee river; thence westerly across the mouth of the Maumee river to the point of beginning. (E) Except as otherwise provided, it shall be unlawful for any person, to set, maintain, or use a net, seine, or any other fishing device, other than a trotline or hook and line, from May fifteenth to the following October fifteenth within one mile of the shoreline in a portion of lake Erie bounded on the west by an imaginary line running due north from the water tower of the "Ford Motor Company" west of Lorain to an imaginary point one mile offshore, and on the east by an imaginary line running due north from the east bank of the Chagrin river to a point one mile offshore. (F) It shall be unlawful for any person to set, maintain or use a net, or other fishing devices from May fifteenth through October fifteenth in that portion of lake Erie beginning at the Lakeside association dock for one-half mile north at 41 33' 35" north and 82 45' 05" west, to a point one-half mile northeast of the Marblehead lighthouse at 41 32' 35" north and 82 42' 20" west to a point extending one-half mile off the Sandusky pier light at 41 30' 15" north and 82 39' 55" west. (G) It shall be unlawful for any person to set, maintain or use a trap net or fyke net in any part of the Sandusky bay and more specifically west of an imaginary line running from the northern most point of Sandusky pier light which is 41 30' north and 82 40' 5" west to Shafer's dock on Marblehead which is 82 43' west and 41 31' 3" north. (H) It shall be lawful to place, locate, pull, or maintain a seine in Sandusky bay from one hour before sunrise on Sunday to one half hour after sunset on Sunday, during the commercial fishing season as set in rule 1501:31-3-01 of the Administrative Code, Commercial Fishing Seasons. It shall be unlawful to set, place, locate, or maintain a seine in Sandusky bay and the inland fishing district during the nighttime from one hour after sunset until one hour before sunrise. (I) Except as otherwise provided, it shall be unlawful for any person, from March first to December tenth each year, to set, maintain, or use a trap net or fyke net within one half mile of any structure, breakwater, pier, or jetty associated with any federally maintained navigation channel in lake Erie. (J) It shall be unlawful for any person, from March first to December tenth each year, to set, maintain, or use a net or other fishing device within one-quarter mile of the following defined reefs: (1) Niagara reef - 41 degrees 39.9 minutes latitude, -82 degrees 58.4 minutes longitude (2) Mouse island reef - 41 degrees 36.4 minutes latitude, -82 degrees 50.0 minutes longitude (3) Starve island reef - 41 degrees 36.8 minutes latitude, -82 degrees 48.8 minutes longitude (4) Scott Point central reef - 41 degrees 35.8 minutes latitude, -82 degrees 49.1 minutes longitude (5) Scott Point east reef - 41 degrees 35.9 minutes latitude, -82 degrees 48.7 minutes longitude (6) Scott Point west reef - 41 degrees 36.0 minutes latitude, -82 degrees 49.7 minutes longitude (7) Middle Harbor south reef - 41 degrees 34.1 minutes latitude, -82 degrees 47.6 minutes longitude (8) Middle Harbor north reef - 41 degrees 34.4 minutes latitude, -82 degrees 47.5 minutes longitude (9) Gull island reef - 41 degrees 40.3 minutes latitude, -82 degrees 40.5 minutes longitude (10) Kelleys island reef - 41 degrees 38.5 minutes latitude, -82 degrees 38.1 minutes longitude (11) Airport reef - 41 degrees 35.9 minutes latitude, -82 degrees 39.8 minutes longitude (12) West reef - 41 degrees 43.0 minutes latitude, -82 degrees 51.5 minutes longitude (K) All provisions in sections 1533.48 and 1533.55 of the Revised Code not mentioned in or modified by this rule shall remain in effect. (L) A violation of this rule is a violation of sections 1533.48 and 1533.55 of the Revised Code insofar as they are applicable. (M) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.
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Rule 1501:31-3-06 | Vessel Monitoring System and Electronic Catch Reporting System.
Effective:
August 15, 2008
(A) It shall be unlawful for a licensed commercial fyke net or trap net fishermen to engage in setting, pulling or maintaining commercial fishing gear without having a vessel monitoring system and electronic catch reporting system that is provided and administered by a mobile data service provider approved by the chief of the ODNR division of wildlife. (B) It shall be unlawful for a licensed commercial fyke net or trap net fishermen to engage in setting, pulling or maintaining commercial fishing gear without having the approved vessel monitoring system and electronic catch reporting system turned on and fully operational on the vessel from the time it leaves port until its return to any port. (C) It shall be unlawful for any person to render or attempt to render the vessel monitoring system and/or electronic catch reporting system inoperable or manipulate or tamper with the vessel monitoring system and/or electronic catch reporting system in such a way the system will report inaccurate data.
Last updated February 27, 2023 at 10:55 AM
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Rule 1501:31-3-07 | Marking of fishing devices.
Under authority of sections 1531.08 and 1533.44 of the Revised Code, the chief of the division of wildlife hereby orders that: (A) It shall be unlawful for any person to use set or place in the Ohio waters of lake Erie any fyke or trap net without the name of the licensee branded or stamped on the left side of the top brail, top rear spreader or support bar in letters at least one inch high and legible at all times. Such name shall be listed on the owner's or user's fishing license application for each season. If a person acquired ownership or use of a fyke or trap net which already has a name in the left corner of the brail or top spreader bar, any new name shall be placed immediately to the right of the old name and any subsequent name shall be placed to the right of the previous name. Each fyke net or trap net set singly, or the first and last net of any string of fyke or trap nets in the Ohio waters of lake Erie shall display one red flag on the inshore end, and two flags on the offshore end. The top offshore flag shall be red, the bottom offshore flag may be any color except orange. All flags shall be eighteen inches or more on a side and shall be displayed on a pole at least eight feet above the water on the offshore end and at least six feet above the water on the inshore end. (B) Serially numbered tags issued by the division of wildlife shall be attached by the licensee within thirty-six inches of the uphaul buoy on the rope supporting the buoy. It shall be unlawful for any person to possess on the boat or use in fishing any trap net or fyke net without having a tag issued by the division of wildlife attached to the uphaul buoy rope. (C) In the lake Erie fishing district it shall be unlawful for any person to lift, set, maintain, remove fish from or place a fyke net or trap net without manually entering the tag number issued by the chief of the division of wildlife into the electronic catch reporting system. (D) Each net, or string of nets, marked contrary to this rule constitutes a separate offense and is a public nuisance. Such nets, or parts thereof, may be seized and held for evidence, or for forfeiture proceedings as provided in section 1531.20 of the Revised Code. (E) All provisions in sections 1533.44 and 1533.343 of the Revised Code not mentioned in or modified by this rule shall remain in effect. (F) A violation of paragraph (B), (C) or (D) of this rule is a violation of section 1533.343 of the Revised Code. Violations of paragraphs other than (B), (C) or (D) of this rule is a violation of section 1533.44 of the Revised Code. (G) All definitions set forth in rules 1501:31-1-02 and 1501:31-3-12 of the Administrative Code and section 1533.02 of the Revised Code shall apply to this rule.
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Rule 1501:31-3-08 | Time for landing fish.
Effective:
April 28, 1998
(A) All fish, taken from a net or other commercial fishing gear, other than a seine shall be brought ashore between one-half hour before sunrise to one-half hour after sunset on the same day that the fish were taken or caught. Live cars and other holding devices containing live fish shall be brought to, and kept at, the licensee's docking area specified on his commercial fishing license application, on the same day the fish were taken or caught. The live car or other holding device shall remain at the docking area until emptied or until the next operation of the seine, whichever occurs first. (1) All fish caught by seines, except a seine which has been authorized to be hauled during the night, shall be removed from such seines no later than one-half hour after sunset of the day the fish were caught. (2) All boats with fish caught by nets shall be docked at a port listed on the licensee's commercial fishing license application by one-half hour after sunset the day in which the nets were lifted. (B) A violation of this rule is a violation of section 1533.55 of the Revised Code. (C) All provisions in section 1533.55 of the Revised Code not mentioned in or modified by this rule shall remain in effect. (D) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.
Last updated July 2, 2021 at 1:53 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
2/5/1977, 3/1/1980, 8/1/1984, 7/31/1989, 5/19/1995
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Rule 1501:31-3-09 | Commercial fish catch reports.
(A) Every commercial fish licensee, except trap net or trotline fishermen using seventy hooks or less, shall keep an accurate daily record of his catch upon a report form furnished by the division of wildlife, and shall monthly submit such report to the division of wildlife whether he fishes or not. If a licensee does not fish in a month, he shall state such fact upon his catch report for that month. Trap net licensees shall keep an accurate daily record of their catch on an electronic catch reporting system as established by the chief of the division of wildlife. The licensee shall pay the cost of the electronic equipment, operating costs, installation and maintenances of these devices and any replacement thereof. (B) The daily report form entitled "Daily Report of Commercial Fisheries in Lake Erie" shall be kept for a seining operation, at the seine grounds when fishing is in progress. If a trap net licensee is fishing with more than one boat, he shall keep an electronic catch reporting system on each boat and submit all reports to the division of wildlife as specified by law. The report shall be kept accurate and legible at all times. (C) An estimated weight of quota species of fish taken by fyke or trap net shall be entered into an electronic catch reporting system immediately after each net lifted. All of the estimated weights entered in to the electronic catch reporting system shall be electronically transmitted after lifting the last net, or at least one half hour prior to landing at the dock listed on the license. When setting or removing nets, an electronic report detailing the activity shall be transmitted at least one half hour prior to landing at the dock listed on the license. The estimated weight of harvest entered into the electronic catch reporting system shall be within ten per cent of the actual weight of harvest for quota species. (D) An estimated weight of non-quota species of fish taken by fyke or trap net shall be entered into an electronic catch reporting system prior to entering a different grid. All of the estimated weights entered in to the electronic catch reporting system shall be electronically transmitted after lifting the last net, or at least one half hour prior to landing at the dock listed on the license. (E) A violation of this rule shall be a violation of section 1533.42 of the Revised Code. (F) All definitions set forth in section 1531.01 of the Revised Code shall apply to this rule.
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Rule 1501:31-3-10 | Limitations on size of mesh of fishing devices.
Effective:
April 28, 1998
Under authority of sections 1531.08, 1533.49, and 1533.62 of the Revised Code, the chief of the division of wildlife hereby orders that: (A) The meshes of the back of the crib or car of all crib nets, fyke nets, or trap nets used in fishing in this state shall measure not less than one-quarter inch nor more than four inches as found in use or possession measured on the bar. Such meshes shall extend from the top to the bottom of the crib or car of the nets. (B) It shall be unlawful to use or possess in the inland and lake Erie fishing districts seines, as described in section 1533.62 of the Revised Code, with twine composed of less than four-inch mesh, measured on the bar, throughout the wings. (C) Each net, measurements of which do not comply with this rule, constitutes a separate offense and is a public nuisance. Such nets, or parts thereof, may be seized and held for evidence, or for forfeiture proceedings as provided in section 1531.20 of the Revised Code. (D) All provisions in sections 1533.49 and 1533.62 of the Revised Code not mentioned in or modified by this rule shall remain in effect. (E) A violation of this rule is a violation of sections 1533.49 and 1533.62 of the Revised Code. (F) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.
Last updated July 2, 2021 at 1:53 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
6/1/1986, 9/15/1987, 5/19/1995
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Rule 1501:31-3-11 | Fishing guides.
Effective:
January 1, 2024
(A) Applicants for an Ohio fishing guide
license whose intent it is to take clients on their vessel for hire where a
United States coast guard merchant mariner credential is required, shall submit
a copy of their valid United States coast guard merchant mariner credential
along with their application and fee. (B) It shall be unlawful for any person
to make a copy of an Ohio fishing guide license. The individual in command of a
boat or in charge of any guide service shall possess their original fishing
guide license when guide services are being performed on waters where a fishing
license is required, and exhibit it upon demand to any wildlife officer or
other law enforcement officer who has authority to enforce the wildlife,
hunting, and fishing laws. (C) It shall be unlawful for any
individual to operate in the lake Erie fishing district as a fishing guide
without possessing a valid Ohio fishing guide license. Provided further,
persons properly licensed as a fishing guide shall be exempt from keeping catch
reports as required in section 1533.511 of the Revised Code. (D) It shall be unlawful for any person
to operate in the lake Erie fishing district a boat for consideration or hire
as a fishing guide boat without displaying a fishing guide decal furnished by
the division of wildlife. (E) The fishing guide decal shall
be: (1) In a form prescribed
by the chief of the division of wildlife. (2) Serialized with a
different number on each decal. (3) Issued
annually. (4) Valid on April
sixteenth of each year and expire on the following April
fifteenth. (5) Displayed in the
inside lower left corner of the front windshield of a boat, or when no
windshield is present, displayed on the exterior of the boat stern in the upper
left corner. (F) It shall be unlawful
for: (1) A person to display
on a boat an expired fishing guide decal. (2) A person to display
on a boat a fishing guide decal issued to another person, except when it is
displayed in addition to the one issued to the person performing as a fishing
guide. (G) In the lake Erie fishing district, it
shall be unlawful for any individual to operate as an Ohio fishing guide with
clients on a vessel for hire without a valid United States coast guard merchant
mariner credential or while their license is under suspension or revocation or
has expired. (H) All definitions set forth in rule 1501:31-1-02 of the
Administrative Code apply to this rule.
Last updated January 2, 2024 at 10:03 AM
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Rule 1501:31-3-12 | Quota management system for lake Erie fishes.
Effective:
January 1, 2023
(A) Commercial fishing quotas will be determined and allocated annually for yellow perch (Perca flavescens) in the Ohio waters of lake Erie by the chief of the division of wildlife. Annual yellow perch quota allocations will be pounds of yellow perch and may be allocated separately by lake Erie yellow perch management units as defined in rule 1501:31-1-02 of the Administrative Code. (B) The combined allocation of sport and commercial fishing quotas for yellow perch will not exceed the annual Ohio total allowable catch (TAC). (C) In annually determining and allocating pounds of yellow perch quotas to commercial harvest, the chief will consider and be guided by: (1) Recommendations made by the great lakes fishery commission, lake Erie committee and its technical subcommittees. (2) TAC distribution between sport and commercial fishing in each lake Erie yellow perch management unit as prescribed by the following table: | Sport Fishing : Commercial Fishing (Percent of Ohio TAC) | Unit 1 Ohio TAC (Pounds of Fish) | Unit 2 Ohio TAC (Pounds of Fish) | Unit 3 Ohio TAC (Pounds of Fish) | | Sport 65 : Commercial 35 | Greater Than or Equal to 800,000 | Greater Than or Equal to 1,600,000 | Greater Than or Equal to 800,000 | | Sport 70 : Commercial 30 | 799,999 to 400,000 | 1,599,999 to 800,000 | 799,999 to 400,000 | | Sport 75 : Commercial 25 | Less than 400,000 | Less than 800,000 | Less than 400,000 |
(3) Other pertinent scientific, economic, and social data. (D) In annually apportioning pounds of yellow perch quotas within the commercial trap net fishery, the chief will consider and be guided by: (1) Individual trap net license yellow perch harvest shares from 1990 through 2007. (2) Other pertinent scientific, economic, and social data. (E) Pounds of yellow perch quotas will be apportioned annually within the commercial trap net fishery, by commercial trap net license, and will be stipulated as terms and conditions of each license. Terms and conditions for any license may stipulate pounds of yellow perch allocated separately by lake Erie yellow perch management unit. These apportionments will be determined following the "Lake Erie Commercial Fishing Yellow Perch Quota Allocation Procedure" effective January 1, 2023, that is posted on the Ohio division of wildlife website at http://www.wildohio.gov and will be conveyed in writing by the chief to individual license holders not later than April twenty-fifth of each year. (F) Pounds of yellow perch quotas may be transferred among commercial trap net licenses from the date of their announcement through December tenth of each year. It is the responsibility of the transferor licensee to specify, in writing, the amount of yellow perch quota being transferred, the lake Erie yellow perch management unit in which that quota was originally assigned, and the license to which the quota is being transferred. Written transfer requests must be submitted to the division of wildlife, Sandusky office, during the specified dates when quotas may be transferred. Transferred quotas become part of the annual quota of the transferee license only during the calendar year in which the transfer was completed. Harvests of transferred quotas will be permanently recorded as catches of the transferor licensee as specified in paragraph (F) of rule 1501:31-3-13 of the Administrative Code. (G) It shall be unlawful for any trap net licensee to harvest more pounds of yellow perch from a lake Erie yellow perch management unit than that allocated for his specific license, or the sum of his specific license's allocations and quota transfers made in accordance with paragraph (F) of this rule. (H) It shall be unlawful for a licensed commercial fisherman or his employee(s) to remove fish from nets licensed by another fisherman unless he is authorized in writing to remove fish from another's nets, by the licensee of such nets. (I) It shall be unlawful for a licensed commercial fisherman or his employee(s) to have in possession on a boat, on the waters of Lake Erie, yellow perch that have been taken from more than one lake Erie yellow perch management unit. (J) For the purpose of this rule, the following definitions apply: (1) Commercial fishing quotas or quota is defined as the pounds of fish in total or by lake Erie management unit which the chief will allow to be legally harvested by commercial fishing gear. (2) Licensee is defined as the individual who holds the license.
Last updated January 3, 2023 at 9:36 AM
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Rule 1501:31-3-13 | Quota species.
Effective:
January 1, 2022
(A) Every commercial fish trapnet
licensee, shall keep an accurate daily record of his or her yellow perch (Perca
flavescens) catch for each license and in a manner prescribed by the chief and
submitted to the division of wildlife by the licensee, as specified in
paragraphs (B) and (C) of this rule. (B) No person shall remove any quantity
of yellow perch (Perca flavescens) from a fyke or trap net without first
entering the tag number into the electronic catch reporting
system. (C) All yellow perch (Perca flavescens)
shall be weighed dockside. The total actual weight shall then be entered in to
the electronic catch reporting system for each license before loading onto a
motor vehicle for transportation. (D) It shall be unlawful for a person to transport any quantity
of yellow perch, commercially taken by a licensee, from the place where the
fish are landed to a point outside the state without the licensee or his
employee first weighing and recording on the original catch report the actual
weight of the yellow perch, the date weighed, and the name and address of the
fish processor or buyer. (E) It shall be unlawful for a licensee to report any quantity of
yellow perch on their catch report other than yellow perch taken by authority
of his or her license. (F) A license shall report all yellow perch taken by authority of
his or her license. (G) For the purpose of this rule, the following definitions shall
apply: (1) Licensee means a
commercial fisherman licensed by the state of Ohio to fish trap
nets; (2) Trapnet boats means
any boat used to set, lift, pull, or transport trap nets, fyke nets, or fish
taken by the aid of said nets. (H) The electronic catch report required by this rule shall be
open for inspection by any wildlife officer at all reasonable
hours. (I) All provisions in section 1533.42 of the Revised Code not
mentioned in or modified by this rule shall remain in effect. (J) A violation of this rule is a violation of section 1533.343
of the Revised Code in so far as it is applicable.
Last updated January 3, 2022 at 10:05 AM
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Rule 1501:31-3-14 | Yellow perch sales and purchases records.
Effective:
January 2, 1996
(A) Every commercial trapnet licensee shall keep a daily record for each license of all sales of his or her catch of round yellow perch (Perca flavescens) on a form furnished by the division of wildlife and in a manner prescribed by the chief. (1) The report form entitled "yellow perch sales" shall be kept accurate, clean, and legible at all times and submitted on a monthly basis to the Sandusky office of the division of wildlife. The trapnet licensee shall submit the report by the fifteenth of the month following the month of sale. (2) All sales shall be recorded on the form by noon of the day following the day of the sale. (B) Any person purchasing round yellow perch from a trap net licensee or his employee shall keep a daily record of all purchases on a form furnished by the division of wildlife and in a manner prescribed by the chief. (1) The report form entitled "yellow perch purchase record" shall be kept accurate and legible at all times and submitted to the Sandusky office of the division of wildlife on a monthly basis. The purchaser shall submit the record by the fifteenth of the month following the month in which the purchase was made. (2) All purchases shall be recorded on the form by noon of the day following the day of purchase. (C) The sale and purchase records required by this rule shall be open for inspection by any wildlife officer at all reasonable hours. (D) An individual who purchases yellow perch for his or her personal consumption shall not be required to keep a record of the purchase. (E) All provisions in section 1533.63 of the Revised Code not mentioned in or modified by this rule shall remain in effect. (F) A violation of this rule is a violation of section 1533.63 of the Revised Code in so far as it is applicable.
Last updated July 2, 2021 at 1:53 PM
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 1501:31-3-15 | Taking of certain species of fish with seine.
(A) Carp, grass carp, buffalo fish, suckers, sheepshead, goldfish, bowfin, gizzard shad, quillback and white perch 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 as in any of these waters that are in the lake Erie fishing district where they may be taken with other nets as provided in Chapters 1531. and 1533. of the Revised Code. (B) Such fish as described in paragraph (A) of this rule may be taken with a seine in the Sandusky river within the inland fishing district upstream to the Interstate 80 bridge "(41 23' 52.55" N 082 06' 1.31"W)."
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