1533.641 Commercial licenses revoked on felony conviction.
(A) If a person is convicted of or pleads guilty on or after the effective date of this section to a felony related to commercial fishing activities for a violation of state or federal law, all commercial fishing licenses issued under section 1533.35 of the Revised Code and all permits to handle commercial fish or other fish at wholesale issued under section 1533.631 of the Revised Code to that person are permanently revoked by operation of law.
(B)(1) If a commercial fishing licensee, such a licensee’s authorized representative, a person that has been issued a permit under section 1533.631 of the Revised Code to handle commercial fish or other fish at wholesale, or such a permittee’s authorized representative is convicted of or pleads guilty to a violation of section 1533.341, 1533.343, 1533.41, 1533.42, 1533.62, 1533.63, 1533.631, or 1533.64 of the Revised Code or any division rule pertaining to those sections, the licensee’s license or the permittee’s permit, as applicable, shall be suspended for a period of thirty fishing season days. Not later than seven days after receipt of a notification under division (F) of this section, the chief of the division of wildlife shall suspend the license or permit.
(2) If a person is convicted of or pleads guilty to a second violation of a section of the Revised Code that is listed in division (B)(1) of this section or any division rule pertaining to those sections within ten years after being convicted of or pleading guilty to the first violation, the applicable licensee’s license or permittee’s permit shall be suspended for a period of sixty fishing season days. Not later than seven days after receipt of a notification under division (F) of this section, the chief shall suspend the license or permit.
(3) If a person is convicted of or pleads guilty to a third violation of a section of the Revised Code that is listed in division (B)(1) of this section or any division rule pertaining to those sections within ten years after being convicted of or pleading guilty to the first violation, the applicable licensee’s license or permittee’s permit shall be permanently revoked. Not later than seven days after receipt of a notification under division (F) of this section, the chief shall revoke the license or permit.
(C) During any period of suspension of a license or permit under this section, no person shall use or engage in fishing with commercial gear, or in handling commercial fish or other fish at wholesale with equipment, owned, used, or controlled at the time of conviction or plea by the licensee or the licensee’s authorized representative or by the permittee or the permittee’s authorized representative, as applicable.
(D) A person whose license has been suspended by operation of law pursuant to any provision of this chapter or Chapter 1531. of the Revised Code or division rule is not eligible to apply for or receive a new commercial fishing license issued under section 1533.35 of the Revised Code or a permit to handle commercial fish or other fish at wholesale issued under section 1533.631 of the Revised Code during the period of the suspension.
(E) For purposes of determining a license or permit suspension or revocation for a violation of section 1533.63 of the Revised Code, multiple convictions resulting from violations of that section that occurred at the same time, on the same day, and at the same location are deemed to be a single conviction of one violation.
(F) The clerk of the court before which a person is convicted of or pleads guilty to a violation of state or federal law as described in division (A) of this section or a section of the Revised Code that is listed in division (B)(1) of this section or any division rule pertaining to those sections shall send written notification to the chief of the conviction or plea together with the person’s name and address not later than ten days after the date of conviction or plea.
SECTION 2. That existing sections 1531.10, 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, and 1533.64 of the Revised Code are hereby repealed.
SECTION 3. It is the intent of the General Assembly, by amending sections 1531.10, 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, and 1533.64 and enacting sections 1533.343 and 1533.641 of the Revised Code in this act, to protect the resources of Lake Erie and provide for the reasonable regulation of commercial fishing and not to eliminate commercial fishing in this state.
SECTION 4. (A) There is hereby created the Ohio Lake Erie Fishing Regulatory Reform Task Force. The Task Force shall consist of three members of the House of Representatives appointed by the Speaker of the House of Representatives, two of whom shall be from the majority party and one of whom shall be from the minority party, three members of the Senate appointed by the President of the Senate, two of whom shall be from the majority party and one of whom shall be from the minority party, and the following members appointed by the Governor:
(1) Two members representing the commercial fishing industry, one of whom shall be a fish wholesaler;
(2) Two members representing the sport fishing industry, one of whom shall be a charter boat operator;
(3) Two members representing academia with expertise in fisheries management;
(4) Two members from the Department of Natural Resources;
(5) One member representing the Governor’s office.
Appointments to the Task Force shall be made not later than fifteen days after the effective date of this section. The Governor shall designate a chairperson of the Task Force. The Task Force shall meet as often as necessary to complete the requirements of this section, but shall meet not less than once each month.
(B) The Task Force shall conduct an evaluation of all of the following:
(1) Catch quota allocations associated with various species of fish in Lake Erie;
(2) Size limitations for species of game fish in Lake Erie;
(3) Existing vessel monitoring devices and electronic reporting devices for charter and commercial fishing vessels;
(4) Possible incentives for catching rough fish;
(5) Fisheries resource management practices in Lake Erie;
(6) Current practices relating to the transfer of commercial fishing licenses;
(7) Fisheries resource management practices utilized by other states bordering the Great Lakes.
(C) Not later than December 31, 2007, the Task Force shall prepare and submit a report of its findings to the General Assembly and the Division of Wildlife in the Department of Natural Resources. The report shall include recommendations for statutory, rulemaking, and regulatory changes to Ohio’s commercial fishing laws governing commercial fishing.
(D) After the submission of the report under division (C) of this section, the Task Force ceases to exist.
1533.641 Commercial licenses revoked on felony conviction.
(A) If a person is convicted of or pleads guilty on or after the effective date of this section to a felony related to commercial fishing activities for a violation of state or federal law, all commercial fishing licenses issued under section 1533.35 of the Revised Code and all permits to handle commercial fish or other fish at wholesale issued under section 1533.631 of the Revised Code to that person are permanently revoked by operation of law.
(B)(1) If a commercial fishing licensee, such a licensee’s authorized representative, a person that has been issued a permit under section 1533.631 of the Revised Code to handle commercial fish or other fish at wholesale, or such a permittee’s authorized representative is convicted of or pleads guilty to a violation of section 1533.341, 1533.343, 1533.41, 1533.42, 1533.62, 1533.63, 1533.631, or 1533.64 of the Revised Code or any division rule pertaining to those sections, the licensee’s license or the permittee’s permit, as applicable, shall be suspended for a period of thirty fishing season days. Not later than seven days after receipt of a notification under division (F) of this section, the chief of the division of wildlife shall suspend the license or permit.
(2) If a person is convicted of or pleads guilty to a second violation of a section of the Revised Code that is listed in division (B)(1) of this section or any division rule pertaining to those sections within ten years after being convicted of or pleading guilty to the first violation, the applicable licensee’s license or permittee’s permit shall be suspended for a period of sixty fishing season days. Not later than seven days after receipt of a notification under division (F) of this section, the chief shall suspend the license or permit.
(3) If a person is convicted of or pleads guilty to a third violation of a section of the Revised Code that is listed in division (B)(1) of this section or any division rule pertaining to those sections within ten years after being convicted of or pleading guilty to the first violation, the applicable licensee’s license or permittee’s permit shall be permanently revoked. Not later than seven days after receipt of a notification under division (F) of this section, the chief shall revoke the license or permit.
(C) During any period of suspension of a license or permit under this section, no person shall use or engage in fishing with commercial gear, or in handling commercial fish or other fish at wholesale with equipment, owned, used, or controlled at the time of conviction or plea by the licensee or the licensee’s authorized representative or by the permittee or the permittee’s authorized representative, as applicable.
(D) A person whose license has been suspended by operation of law pursuant to any provision of this chapter or Chapter 1531. of the Revised Code or division rule is not eligible to apply for or receive a new commercial fishing license issued under section 1533.35 of the Revised Code or a permit to handle commercial fish or other fish at wholesale issued under section 1533.631 of the Revised Code during the period of the suspension.
(E) For purposes of determining a license or permit suspension or revocation for a violation of section 1533.63 of the Revised Code, multiple convictions resulting from violations of that section that occurred at the same time, on the same day, and at the same location are deemed to be a single conviction of one violation.
(F) The clerk of the court before which a person is convicted of or pleads guilty to a violation of state or federal law as described in division (A) of this section or a section of the Revised Code that is listed in division (B)(1) of this section or any division rule pertaining to those sections shall send written notification to the chief of the conviction or plea together with the person’s name and address not later than ten days after the date of conviction or plea.
SECTION 2. That existing sections 1531.10, 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, and 1533.64 of the Revised Code are hereby repealed.
SECTION 3. It is the intent of the General Assembly, by amending sections 1531.10, 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, and 1533.64 and enacting sections 1533.343 and 1533.641 of the Revised Code in this act, to protect the resources of Lake Erie and provide for the reasonable regulation of commercial fishing and not to eliminate commercial fishing in this state.
SECTION 4. (A) There is hereby created the Ohio Lake Erie Fishing Regulatory Reform Task Force. The Task Force shall consist of three members of the House of Representatives appointed by the Speaker of the House of Representatives, two of whom shall be from the majority party and one of whom shall be from the minority party, three members of the Senate appointed by the President of the Senate, two of whom shall be from the majority party and one of whom shall be from the minority party, and the following members appointed by the Governor:
(1) Two members representing the commercial fishing industry, one of whom shall be a fish wholesaler;
(2) Two members representing the sport fishing industry, one of whom shall be a charter boat operator;
(3) Two members representing academia with expertise in fisheries management;
(4) Two members from the Department of Natural Resources;
(5) One member representing the Governor’s office.
Appointments to the Task Force shall be made not later than fifteen days after the effective date of this section. The Governor shall designate a chairperson of the Task Force. The Task Force shall meet as often as necessary to complete the requirements of this section, but shall meet not less than once each month.
(B) The Task Force shall conduct an evaluation of all of the following:
(1) Catch quota allocations associated with various species of fish in Lake Erie;
(2) Size limitations for species of game fish in Lake Erie;
(3) Existing vessel monitoring devices and electronic reporting devices for charter and commercial fishing vessels;
(4) Possible incentives for catching rough fish;
(5) Fisheries resource management practices in Lake Erie;
(6) Current practices relating to the transfer of commercial fishing licenses;
(7) Fisheries resource management practices utilized by other states bordering the Great Lakes.
(C) Not later than December 31, 2007, the Task Force shall prepare and submit a report of its findings to the General Assembly and the Division of Wildlife in the Department of Natural Resources. The report shall include recommendations for statutory, rulemaking, and regulatory changes to Ohio’s commercial fishing laws governing commercial fishing.
(D) After the submission of the report under division (C) of this section, the Task Force ceases to exist.
1533.641 Commercial licenses revoked on felony conviction.
(A) If a person is convicted of or pleads guilty on or after the effective date of this section to a felony related to commercial fishing activities for a violation of state or federal law, all commercial fishing licenses issued under section 1533.35 of the Revised Code and all permits to handle commercial fish or other fish at wholesale issued under section 1533.631 of the Revised Code to that person are permanently revoked by operation of law.
(B)(1) If a commercial fishing licensee, such a licensee’s authorized representative, a person that has been issued a permit under section 1533.631 of the Revised Code to handle commercial fish or other fish at wholesale, or such a permittee’s authorized representative is convicted of or pleads guilty to a violation of section 1533.341, 1533.343, 1533.41, 1533.42, 1533.62, 1533.63, 1533.631, or 1533.64 of the Revised Code or any division rule pertaining to those sections, the licensee’s license or the permittee’s permit, as applicable, shall be suspended for a period of thirty fishing season days. Not later than seven days after receipt of a notification under division (F) of this section, the chief of the division of wildlife shall suspend the license or permit.
(2) If a person is convicted of or pleads guilty to a second violation of a section of the Revised Code that is listed in division (B)(1) of this section or any division rule pertaining to those sections within ten years after being convicted of or pleading guilty to the first violation, the applicable licensee’s license or permittee’s permit shall be suspended for a period of sixty fishing season days. Not later than seven days after receipt of a notification under division (F) of this section, the chief shall suspend the license or permit.
(3) If a person is convicted of or pleads guilty to a third violation of a section of the Revised Code that is listed in division (B)(1) of this section or any division rule pertaining to those sections within ten years after being convicted of or pleading guilty to the first violation, the applicable licensee’s license or permittee’s permit shall be permanently revoked. Not later than seven days after receipt of a notification under division (F) of this section, the chief shall revoke the license or permit.
(C) During any period of suspension of a license or permit under this section, no person shall use or engage in fishing with commercial gear, or in handling commercial fish or other fish at wholesale with equipment, owned, used, or controlled at the time of conviction or plea by the licensee or the licensee’s authorized representative or by the permittee or the permittee’s authorized representative, as applicable.
(D) A person whose license has been suspended by operation of law pursuant to any provision of this chapter or Chapter 1531. of the Revised Code or division rule is not eligible to apply for or receive a new commercial fishing license issued under section 1533.35 of the Revised Code or a permit to handle commercial fish or other fish at wholesale issued under section 1533.631 of the Revised Code during the period of the suspension.
(E) For purposes of determining a license or permit suspension or revocation for a violation of section 1533.63 of the Revised Code, multiple convictions resulting from violations of that section that occurred at the same time, on the same day, and at the same location are deemed to be a single conviction of one violation.
(F) The clerk of the court before which a person is convicted of or pleads guilty to a violation of state or federal law as described in division (A) of this section or a section of the Revised Code that is listed in division (B)(1) of this section or any division rule pertaining to those sections shall send written notification to the chief of the conviction or plea together with the person’s name and address not later than ten days after the date of conviction or plea.
SECTION 2. That existing sections 1531.10, 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, and 1533.64 of the Revised Code are hereby repealed.
SECTION 3. It is the intent of the General Assembly, by amending sections 1531.10, 1533.34, 1533.341, 1533.342, 1533.35, 1533.36, 1533.42, 1533.62, 1533.63, 1533.631, and 1533.64 and enacting sections 1533.343 and 1533.641 of the Revised Code in this act, to protect the resources of Lake Erie and provide for the reasonable regulation of commercial fishing and not to eliminate commercial fishing in this state.
SECTION 4. (A) There is hereby created the Ohio Lake Erie Fishing Regulatory Reform Task Force. The Task Force shall consist of three members of the House of Representatives appointed by the Speaker of the House of Representatives, two of whom shall be from the majority party and one of whom shall be from the minority party, three members of the Senate appointed by the President of the Senate, two of whom shall be from the majority party and one of whom shall be from the minority party, and the following members appointed by the Governor:
(1) Two members representing the commercial fishing industry, one of whom shall be a fish wholesaler;
(2) Two members representing the sport fishing industry, one of whom shall be a charter boat operator;
(3) Two members representing academia with expertise in fisheries management;
(4) Two members from the Department of Natural Resources;
(5) One member representing the Governor’s office.
Appointments to the Task Force shall be made not later than fifteen days after the effective date of this section. The Governor shall designate a chairperson of the Task Force. The Task Force shall meet as often as necessary to complete the requirements of this section, but shall meet not less than once each month.
(B) The Task Force shall conduct an evaluation of all of the following:
(1) Catch quota allocations associated with various species of fish in Lake Erie;
(2) Size limitations for species of game fish in Lake Erie;
(3) Existing vessel monitoring devices and electronic reporting devices for charter and commercial fishing vessels;
(4) Possible incentives for catching rough fish;
(5) Fisheries resource management practices in Lake Erie;
(6) Current practices relating to the transfer of commercial fishing licenses;
(7) Fisheries resource management practices utilized by other states bordering the Great Lakes.
(C) Not later than December 31, 2007, the Task Force shall prepare and submit a report of its findings to the General Assembly and the Division of Wildlife in the Department of Natural Resources. The report shall include recommendations for statutory, rulemaking, and regulatory changes to Ohio’s commercial fishing laws governing commercial fishing.
(D) After the submission of the report under division (C) of this section, the Task Force ceases to exist.
