reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-21 - Periodic Inspection › Section 1501:21-21-01 - Periodic inspection of existing dams and levees

Current through all regulations passed and filed through July 1, 2024
(A) The chief 
								will make
			 periodic inspections and evaluations of all class I, class II, and class III
			 dams and all class I and class II levees, unless
			 exempted by rule
			 1501:21-19-02 of the
			 Administrative Code, to assure that their continued operation and use
			 does not constitute a hazard to life, health, or property.
(B)
								The chief
			 may make, as deemed necessary, 
			 inspections of class IV dams and class III levees, and other dams and levees
			 not otherwise specifically exempted from the inspection provisions of section
			 1521.062 of the Revised
			 Code.
(C) The classification
			 of each dam and levee will be reviewed during each periodic or other inspection
			 and may be changed as a result of such inspection. The classification of the
			 dam or levee shall be determined by the chief in accordance with the criteria
			 established in rules
			 1501:21-13-01 and
			 1501:21-13-09 of the
			 Administrative Code..
(D) The chief may use
			 an inspection report of a dam or levee prepared for the owner by a registered
			 professional engineer in lieu of making a periodic inspection under provisions
			 of paragraph (A) of this rule. The report will
								 meet the legal provisions of rule
			 1501:21-3-02 and paragraphs
			 (A) and (B) of rule
			 1501:21-21-02 of the
			 Administrative Code.
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-21 - Periodic Inspection › Section 1501:21-21-02 - Periodic inspection procedures

Current through all regulations passed and filed through July 1, 2024
(A) Each periodic inspection shall consist
			 of, but not be limited to, the following:
(1)
			 Review and analysis of available data on the design, construction, operation,
			 and maintenance of the dam or levee, and its appurtenances;
(2) Visual inspection of the dam or levee,
			 its appurtenances, the downstream area, and all other areas potentially
			 affected by the structure;
(3)
			 Evaluation of the general conditions of the dam or levee, and its appurtenances
			 which may include assessment of the hydrologic and hydraulic capabilities,
			 structural stabilities, and any other conditions which constitute or could
			 constitute a hazard to the integrity of the structure;
(4) Evaluation of operation, maintenance, and
			 inspection procedures for the structure.; and
(5) Evaluation of the emergency action plan
			 for the structure.
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-21 - Periodic Inspection › Section 1501:21-21-03 - Owner's responsibilities in correcting deficient dams and levees

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to the
			 requirements and/or orders of the chief, the owner shall perform such repairs,
			 improvements, maintenance, investigations, studies, analyses, tests, or other
			 remedial measures to the dam or levee as may be judged by the chief as
			 necessary to safeguard life, health, or property. The owner
			 is to
								
			 be provided with a reasonable period of time in which to perform such required
			 measures and actions. The severity of the deficiencies and the hazard posed by
			 the dam or levee are to
								 be considered by the chief in
			 establishing the prescribed length of the time period. The cost of all required
			 measures and actions shall be borne by the owner.
(B) The chief will advise the owner as to
			 which repairs, improvements, maintenance, investigations, analyses, tests, and
			 other remedial measures to the dam or levee must be accomplished under the
			 direction of a registered professional engineer as per rule
			 1501:21-3-02 of the
			 Administrative Code. The owner shall submit to the chief for review and
			 approval three copies each of the plans and specifications, and one design
			 report that includes, but is not limited to, assumptions, references,
			 calculations, and investigations. All plans and specifications shall be
			 prepared in accordance with the provisions of rules
			 1501:21-5-05 and
			 1501:21-5-06 of the
			 Administrative Code. The chief will respond in writing within forty-five days
			 from their date of receipt with either approval, conditional approval, or
			 disapproval, describing any required modifications; however, the review of a
			 critical flood analysis may 
								take up to ninety days.
(C) Construction of corrective measures to
			 dams and levees shall be accomplished under the inspection of a registered
			 professional engineer and  in
			 accordance with  rules
			 1501:21-15-01 to
			 1501:21-15-05 of the
			 Administrative Code, unless otherwise modified by the chief.
(D) The chief will advise the owner as to
			 which maintenance, repairs, or other remedial measures of a routine nature are
			 not required to be accomplished under the direction of a registered
			 professional engineer and are not subject to the chief's approval pursuant to
			 division (E) of section
			 1521.062 of the Revised Code.
			 Routine measures may include, but not be limited to the following: removal of
			 all trees, brush, and weeds; establishment and mowing of grass cover; repair of
			 erosion gullies and rills; repair of rodent holes and burrows; repair of
			 undermining; repair or placement of slope protection; repair of concrete
			 deterioration (cracks less than one quarter of an inch wide or surficial
			 spalling); lubrication and operation of outlet gates; grading the crest to a
			 uniform elevation; and installation/repair of trashracks.
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-21 - Periodic Inspection › Section 1501:21-21-04 - Owner's responsibilities in the operation, maintenance, and inspection of dams and levees

Current through all regulations passed and filed through July 1, 2024
(A)
			 Pursuant to the provisions of section
			 1521.062 of the Revised Code,
			 the owner of a dam or levee shall be responsible for the continued safe
			 operation and use of the structure so that it does not constitute a hazard to
			 life, health, or property.
(B) The
			 owner of a dam or levee shall prepare a written manual detailing the operation,
			 maintenance, and inspection procedures necessary for the continued safe
			 operation and use of the dam or levee, and an emergency action plan. The
			 contents of such manual and plan shall be as described respectively in rules
			 1501:21-15-06 and
			 1501:21-15-07 of the
			 Administrative Code.
(C) The
			 emergency action plan shall be updated on at least an annual basis including
			 updating all emergency contact information and annually submitted to the
			 division and the local county emergency management director updated pages of
			 the emergency action plan.
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-21 - Periodic Inspection › Section 1501:21-21-05 - Removal or correction of unsafe dams, and levees

Current through all regulations passed and filed through July 1, 2024
(A) If the owner fails to perform such
			 repairs, maintenance, remedial measures, or other measures within the required
			 time period as may have been ordered by the chief, the chief
			 
								will so
			 notify the owner of the noncompliance. If the chief's intention is to remove or
			 correct the unsafe structure, at the expense of the owner, pursuant to division
			 (G) of section 1521.062 of the Revised Code,
			 the chief 
								will so notify the owner in writing. The cost of any
			 such removal or correction, together with a proper description of the owner's
			 property, may be certified by the chief to the county auditor and placed by the
			 county auditor upon the tax duplicate. Such cost is a lien upon such lands from
			 the date of entry and shall be collected as other taxes and returned to the
			 division.
(B) If the chief is
			 unable to identify the owner of a dam or levee under paragraph (V) of rule
			 1501:21-3-01 of the
			 Administrative Code, or if an owner identified by the chief denies ownership of
			 the structure, the chief may employ any of the following remedial means
			 pursuant to division (H) of section
			 1521.062 of the Revised Code
			 without further notice:
(1) Lower the water
			 level of the lake or reservoir by releasing water;
(2) Completely drain the lake or
			 reservoir;
(3) Take such other
			 measures or action as the chief considers necessary to safeguard life, health,
			 and property, including, but not limited to, breaching the dam or levee.
The cost of this remedy shall be recoverable from any person
				ultimately determined to be the owner of the dam or levee by a court of
				competent jurisdiction. The chief may continue in full charge and control of
				such dam or levee until the ownership of the structure can be declared by such
				court.
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-22 - Inspection of Repairs and Corrections › Section 1501:21-22-01 - Inspection procedure

Current through all regulations passed and filed through July 1, 2024
The chief may make inspections during repair construction as
				deemed necessary to ensure that the structure is being repaired in compliance
				with the approved plans and specifications. However, the inspections by the
				chief do not relieve the owner or the registered professional engineer in
				charge of the responsibility of providing adequate inspection of the work.
Five Year Review (FYR) Dates:
				3/7/2018 and
				03/06/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 1521.06
Rule
				Amplifies: 1521.062
Prior
				Effective Dates: 12/09/1999
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-22 - Inspection of Repairs and Corrections › Section 1501:21-22-02 - Notice, order, and revocation for noncompliance

Current through all regulations passed and filed through July 1, 2024
If at any time during the progress of the repair construction
				the chief finds that the work is not being performed in accordance with the
				approved plans, specifications, and changes, the chief may serve a written
				notice to that effect to the owner or the owner's representative by registered
				or certified mail. Such notice will
								 state the particulars in which the
				work has not complied with the approved plans, specifications, and or changes.
				The chief may order the immediate compliance with the approved plans,
				specifications, and changes. As prescribed by rule
				1501:21-23-01 of the
				Administrative Code, each chief's order will inform the affected party of the
				hearing and appeal provisions of Chapter 119. of the Revised Code.
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-22 - Inspection of Repairs and Corrections › Section 1501:21-22-03 - Approval of construction by the chief

Current through all regulations passed and filed through July 1, 2024
Upon receipt of the engineer's certification and the as-built
				plans as set forth
								 in paragraph (C) of rule
				1501:21-21-03 of the
				Administrative Code, the chief will within thirty days inspect the completed
				construction. If the chief finds that construction was completed in accordance
				with the approved plans, specifications, and changes, the chief will within
				fourteen days after inspection approve the construction and notify the owner in
				writing. If the chief finds that construction was not completed in accordance
				with the approved plans, specifications, and changes, the chief will notify the
				owner of the necessary remedial measures within fourteen days after
				inspection.
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-23 - Orders of the Chief › Section 1501:21-23-01 - Orders of the chief

Current through all regulations passed and filed through July 1, 2024
(A) All
			 orders of the chief are subject to appeal pursuant to Chapter 119. of the
			 Revised Code. Such an appeal or request for hearing must be filed in strict
			 compliance with the provisions therein specified.
(B) Notice of a chief's order will be sent to
			 the affected party by registered or certified mail, return receipt requested,
			 not later than the business day next succeeding such order. Such notice
			 will
								
			 state the reasons for the chief's action, cite the law or rule directly
			 involved, and state that the party will be afforded a hearing if requested, in
			 writing, within thirty days of the time of mailing the notice.
(C) Whenever a party requests a hearing
			 pursuant to provisions of Chapter 119. of the Revised Code, the chief will
			 immediately set the date, time, and place for such hearing and forthwith notify
			 the party thereof. The date for such hearing will be within fifteen days, but
			 not earlier than seven days, after the party has requested a hearing, unless
			 otherwise agreed to by both the chief and the party.
(D) Any party adversely affected by an order
			 of the chief issued pursuant to adjudication may appeal to the court of common
			 pleas of Franklin county. Any such notices of appeal shall be filed within
			 fifteen days after the mailing of the notice of the chief's order.
(E) The filing of an appeal does not
			 automatically stay the effectiveness of the orders of the chief, and until such
			 time as the orders are reversed or otherwise declared unlawful, or a stay of
			 the orders is granted by a court of competent jurisdiction, the orders shall
			 remain in full force and effect.
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-24 - Fees › Section 1501:21-24-01 - The annual fee

Current through all regulations passed and filed through July 1, 2024
(A) The fee schedule for the annual fee
			 established by section
			 1521.063 of the Revised Code
			 shall be as follows:
(1) For any dam
			 classified as a class I dam under rule
			 1501:21-13-01 of the
			 Administrative Code, three hundred thirty dollars
			 plus ten dollars per foot of height of dam, eight cents per foot of length of
			 the dam, and eight cents per acre-foot of total storage volume impounded by the
			 dam.
(2) For any dam classified as
			 a class II dam under rule
			 1501:21-13-01 of the
			 Administrative Code, 
									one hundred ten dollars plus six dollars per foot
			 of height of dam, eight cents per foot of length of the dam, and eight cents
			 per acre-foot of total storage volume impounded by the dam.
(3) For any dam classified as a class III dam
			 under rule
			 1501:21-13-01 of the
			 Administrative Code, 
									one hundred ten dollars plus four dollars per
			 foot of height of dam, eight cents per foot of length of the dam, and eight
			 cents per acre-foot of total storage volume impounded by the dam.
Ohio Administrative Code › Title 1501:21 - Division of Soil and Water Resources - Dam Safety › Chapter 1501:21-24 - Fees › Section 1501:21-24-02 - Compliant dam discount

Current through all regulations passed and filed through July 1, 2024
The compliant dam discount program established by section
				1521.063 of the Revised Code
				
								is to
				be administered as follows:
(A) The
			 owner of the dam will receive an annual ten per cent discount, to the
			 nearest dollar, off the annual fee if the dam has an approved and up-to-date
			 emergency action plan in accordance with rule
			 1501:21-21-04 of the
			 Administrative Code. In order to maintain the discount, the owner must submit
			 the emergency action plan update as set forth
			 by rule
			 1501:21-21-04 of the
			 Administrative Code to the chief by June thirtieth of each year.
(B) The owner of the dam
			 will
			 receive an annual fifteen per cent discount, to the nearest dollar, off the
			 annual fee if the dam is in good condition and meets all requirements deemed
			 necessary by the chief in accordance with rule
			 1501:21-21-04 of the
			 Administrative Code. For purposes of this discount, the chief will evaluate the
			 condition of the dam at each periodic inspection as set forth by
			 rule 1501:21-21-01 of the
			 Administrative Code or more frequently as necessary. The dam owner will provide
			 whatever documentation is necessary to verify the condition of the
			 dam.
(C) The discounted amount
			 will be
			 reflected on the annual invoice sent to the dam owner.
(D) If the annual fee is not paid within
			 sixty days following the statutory due date, the full amount of the fee plus
			 penalty and interest is owed as established by section
			 1521.063 of the Revised
			 Code.
Ohio Administrative Code › Title 1501:22 - Division of Soil and Water Resources - Coastal Floodplain Management › Chapter 1501:22-1 - Floodplain Management › Section 1501:22-1-02 - Severability

Current through all regulations passed and filed through July 1, 2024
The invalidation by a court of a rule adopted or amended
				pursuant to section  1506.04  of the Revised Code
				shall not affect the validity of any other rule or portion thereof adopted or
				amended thereunder by the director.
Ohio Administrative Code › Title 1501:22 - Division of Soil and Water Resources - Coastal Floodplain Management › Chapter 1501:22-1 - Floodplain Management › Section 1501:22-1-03 - Floodplain management requirements for counties and municipal corporations containing coastal flood hazard areas

Current through all regulations passed and filed through July 1, 2024
(A) The floodplain management criteria
			 contained in rule 1501:22-1-04 of  the Administrative Code shall apply to all counties and municipal corporations containing coastal flood hazard areas which are not participating in the national flood insurance program. Such communities shall adopt resolutions or ordinances governing development within the coastal flood hazard areas which meet or exceed the standards of rule 1501:22-1-04 of  the Administrative Code. These regulations must be legally enforceable, applied uniformly throughout the county or municipal corporation to all privately and publicly owned land within the coastal flood hazard area, and must take precedence over any less restrictive or conflicting local laws, resolutions, ordinances, or codes. The criteria of rule 1501:22-1-04 of  the Administrative Code are to be considered minimum standards, a county or municipal corporation may exceed these criteria by adopting more stringent floodplain management regulations.
(B) A county or municipal corporation that
			 participates in the national flood insurance program shall comply with the
			 floodplain management criteria set forth in the national flood insurance
			 program regulations found in Part 60 of Title 44 of the Code of Federal
			 Regulations.
Ohio Administrative Code › Title 1501:22 - Division of Soil and Water Resources - Coastal Floodplain Management › Chapter 1501:22-1 - Floodplain Management › Section 1501:22-1-05 - Criteria for variances

Current through all regulations passed and filed through July 1, 2024
Resolutions or ordinances adopted by counties or municipal
				corporations governing coastal flood hazard areas may include provisions for
				issuing variances from the floodplain management criteria of rule 1501:22-1-04 of  the Administrative Code provided such variances are consistent with the following provisions:
(A) Variances shall not
			 be issued within any designated regulatory floodway if any increase in flood
			 levels during the base flood discharge would result;
(B) Variances may be issued for new
			 construction and substantial improvements to be erected on a lot of one-half
			 acre or less in size contiguous to and surrounded by lots with existing
			 structures constructed below the base flood level, in conformance with the
			 procedures of paragraphs (C), (D), and (E) of this rule;
(C) Variances shall only be issued upon (1) a
			 showing of good and sufficient cause, (2) a determination that the granting of
			 a variance will not result in increased flood heights, additional threats to
			 public safety, extraordinary public expense, create nuisances, cause fraud on
			 or victimization of the public, or conflict with existing local resolutions or
			 ordinances;
(D) Variances shall
			 only be issued upon a determination that the variance is the minimum necessary,
			 considering the flood hazard, to afford relief;
(E) A county or municipal corporation shall
			 maintain a record of all variance actions, including justification for their
			 issuance, and upon request, submit such information to the chief of the
			 division of water in the department of natural resources.
(F) Variances may be issued by a county or
			 municipal corporation for new construction and substantial improvements and for
			 other development necessary for the conduct of a functionally dependent use
			 provided that (1) the criteria of paragraphs (A) to (D) of this rule are met,
			 and (2) the structure or other development is protected by methods that
			 minimize flood damages during the base flood and create no additional threats
			 to public safety.
(G) Variances
			 may be issued for the repair or rehabilitation of historic structures upon a
			 determination that the proposed repair or rehabilitation will not preclude the
			 structure's continued designation as a historic structure and that the variance
			 is the minimum necessary to preserve the historic character and design of the
			 structure.
Ohio Administrative Code › Title 1501:22 - Division of Soil and Water Resources - Coastal Floodplain Management › Chapter 1501:22-1 - Floodplain Management › Section 1501:22-1-06 - Reporting requirements

Current through all regulations passed and filed through July 1, 2024
(A)
			 Upon the written request by the director or his designee, the county or
			 municipal corporation shall within thirty days of the mailing of the request
			 furnish certified copies of such adopted resolutions or ordinances to the chief
			 of the division of water in the department of natural resources.
(B) A county or municipal corporation which
			 makes any modifications or amendments to its adopted resolutions or ordinances
			 governing coastal flood hazard areas shall within thirty days of adoption
			 submit a certified copy of such modifications or amendments to the chief of the
			 division of water in the department of natural resources.
Ohio Administrative Code › Title 1501:22 - Division of Soil and Water Resources - Coastal Floodplain Management › Chapter 1501:22-1 - Floodplain Management › Section 1501:22-1-07 - Noncompliance with regulations

Current through all regulations passed and filed through July 1, 2024
A county or municipal corporation containing coastal flood
				hazard areas that fails to adopt or enforce resolutions or ordinances which
				comply with the floodplain management criteria of the national flood insurance
				program or the criteria contained in rule 1501:22-1-04 of  the Administrative Code shall be considered noncompliant. When the director or his designee determines that a county or municipal corporation is noncompliant, he shall send a written notice of noncompliance to the legislative authority of the county or municipality. Such notice shall list the specific deficiencies noted and provided a reasonable amount of time not to exceed one hundred eighty days by which the noncompliance shall be corrected.
The legislative authority of the county or municipality shall
				report to the director within thirty days of the mailing of the written notice
				on the action which it is taking or proposes to take to correct the
				noncompliance.
If the county's or municipality's legislative authority fails
				to report to the director within thirty days of the date of the mailing the
				notice of noncompliance on the action which it is taking or proposes to take to
				correct the noncompliance, or fails to correct the noncompliance within one
				hundred eighty days, the director may, in writing, request the attorney general
				to bring an action for appropriate relief in a court of competent jurisdiction
				against the community.
Ohio Administrative Code › Title 1501:22 - Division of Soil and Water Resources - Coastal Floodplain Management › Chapter 1501:22-1 - Floodplain Management › Section 1501:22-1-08 - Noncompliant development

Current through all regulations passed and filed through July 1, 2024
If any development occurs within the costal flood hazard area
				of a county or municipal corporation which the director determines meets both
				of the following criteria, the director may, in writing, request the attorney
				general bring an action for appropriate relief in a court of competent
				jurisdiction against the development.
(A) The development is located in a county or
			 municipal corporation that is not participating in the national flood insurance
			 program and has not adopted resolutions or ordinances which meet or exceed the
			 floodplain management criteria of rule 1501:22-1-04 of  the Administrative Code;
(B) The
			 development is not in compliance with the standards of the national flood
			 insurance program.
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-1 - General Provisions › Section 1501:31-1-01 - Advertising for public hearings

Current through all regulations passed and filed through July 1, 2024
(A) Public notice for the hearing required by
			 division (C) of section
			 119.03 of the Revised Code to be
			 conducted by the division of wildlife shall be advertised in the register of
			 Ohio at least thirty days prior to the hearing. In addition to the public
			 notice given to the register of Ohio, the division may give whatever other
			 notice it reasonably considers necessary to ensure notice is given to persons
			 who are subject to or affected by the proposed rule, amendment or rescission.
			 The notice shall state the intention to consider adopting, amending, or
			 rescinding a rule, with a general statement of the subject matter to which the
			 rule relates, and the date, time, and place of a hearing on proposed action.
			 The notice shall also state the place from which copies of the proposed rule,
			 amendment, or rule to be rescinded may be obtained. A copy of the notice may be
			 obtained by any person who submits a written request and a self-addressed
			 stamped envelope to the "Chief, Division of Wildlife, 2045 Morse Road, Building
			 G, Columbus, Ohio 43229."
(B) All
			 definitions set forth in rule
			 1501:31-1-02
			 of the Administrative Code shall apply to this rule.
Five Year Review (FYR) Dates:
				07/19/2016 and
				07/19/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1531.08
Rule
				Amplifies: 1531.08
Prior
				Effective Dates: 05/01/1976, 06/01/1978, 06/01/1979, 06/01/1984, 04/17/1989,
				12/30/2002, 05/27/2005, 11/24/2008
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-1 - General Provisions › Section 1501:31-1-03 - Interstate wildlife violator compact

Current through all regulations passed and filed through July 1, 2024
(A) Upon conviction of any law relative to
			 the taking, possession, protection, preservation, or propagation of wild
			 animals or their habitat, or litter, or destruction or injury to persons or
			 property while hunting or trapping, or safety or weapons violations, or license
			 violations, or hunting, trapping or fishing without permission violations and
			 the suspension of hunting or fishing or trapping rights and privileges of a
			 person by any member state in the interstate wildlife violator compact, the
			 chief or their designee shall revoke or suspend such rights and privileges and
			 each hunting license, fur taker permit, deer permit, wild turkey permit,
			 wetlands habitat stamp and fishing license issued to that person under Chapter
			 1531. or 1533. of the Revised Code.
(1) Such
			 revocation or suspension shall be imposed if a same or similar violation could
			 have resulted in a suspension of such licenses, permits or privileges had the
			 violation occurred in Ohio.
(2) No
			 fee for such a license or permit shall be returned to the person.
(3) Such a revocation or suspension shall
			 expire at the same time as the original suspension in the interstate wildlife
			 violator compact member state.
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-1 - General Provisions › Section 1501:31-1-04 - Severability

Current through all regulations passed and filed through July 1, 2024
(A)
								 The invalidation by a court and the holding of any
			 rule or part of a rule adopted or amended pursuant to Chapter 1531. or 1533. of
			 the Revised Code to be unconstitutional, void or ineffective for any cause,
			 including failure to comply with Chapter 119. of the Revised Code, shall not
			 affect the validity of any other rule or portion thereof adopted or amended
			 thereunder by the chief of the division of wildlife.
Five Year Review (FYR) Dates:
				9/6/2018 and
				09/06/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 1531.06,
				1531.08,
				1531.10
Rule
				Amplifies: 1531.06,
				1531.08,
				1531.10
Prior
				Effective Dates: 01/01/2013
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-01 - Commercial fishing seasons

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-03 - Limited entry of commercial fishermen; commercial fishing licenses

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-06 - Vessel monitoring system and electronic catch reporting system

Current through all regulations passed and filed through July 1, 2024
(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 it's 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.
Five Year Review (FYR) Dates:
				07/19/2016 and
				07/19/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1531.06,
				1531.08,
				1531.10,
				1533.343
Rule
				Amplifies: 1531.06,
				1531.08,
				1531.10,
				1533.343
Prior
				Effective Dates: 08/15/2008
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-08 - Time for landing fish

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-09 - Commercial fish catch reports

Current through all regulations passed and filed through July 1, 2024
(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.
(1)
									 The estimated
			 weight of harvest entered into the electronic catch reporting system shall be
			 within 10% of the actual weight of harvest for quota species.
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-10 - Limitations on size of mesh of fishing devices

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				07/19/2016 and
				07/19/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 1531.08,
				1533.49,
				1533.69
Rule
				Amplifies: 1531.08,
				1533.49,
				1533.69
Prior
				Effective Dates: 06/01/1986, 09/15/1987, 05/19/1995,
				04/28/1998
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-11 - Fishing guides in the lake Erie fishing district

Current through all regulations passed and filed through July 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
			 thelake Eriefishing 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 thelake 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.
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-12 - Quota management system for lake Erie fishes

Current through all regulations passed and filed through July 1, 2024
(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 and Commercial Fishing Portion
				Allocation of Ohio TAC by Lake Erie Yellow Perch Management Unit
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.
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-13 - Quota species

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-14 - Yellow perch sales and purchases records

Current through all regulations passed and filed through July 1, 2024
(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.