Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-3 - Commercial Fishing › Section 1501:31-3-07 - Marking of fishing devices

Current through all regulations passed and filed through July 1, 2024
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.
Effective: 3/1/2015
Five Year Review (FYR) Dates:
				08/18/2014 and
				03/01/2020
Promulgated
				Under: 119.03
Statutory Authority: 1531.06, 1531.08,
				1531.10
Rule Amplifies: 1531.06, 1531.08, 1531.10
Prior
				Effective Dates: 3/15/71, 2/27/75, 9/16/78, 1/2/81, 5/384 (Emer.), 8/1/84,
				7/31/89, 5/19/95, 1/1/96, 4/28/98, 7/1/2006, 8/15/2008,
				7/1/2011