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 six
eight feet above the water on the offshore end
and at least three
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.
Notes
Ohio Admin. Code
1501:31-3-07
Five Year Review (FYR) Dates:
11/25/2024 and
11/25/2029
Promulgated
Under: 119.03
Statutory
Authority: 1531.06,
1531.08,
1531.10
Rule
Amplifies: 1531.06,
1531.08,
1531.10
Prior
Effective Dates: 03/15/1971, 02/27/1975, 09/16/1978, 01/02/1981, 05/03/1984
(Emer.), 08/01/1984, 07/31/1989, 05/19/1995, 01/01/1996, 04/28/1998,
07/01/2006, 08/15/2008, 07/01/2011,
03/01/2015
Five Year Review (FYR) Dates:
11/26/2019 and
11/26/2024
Promulgated
Under: 119.03
Statutory
Authority: 1531.06,
1531.08,
1531.10
Rule
Amplifies: 1531.06,
1531.08,
1531.10
Prior
Effective Dates: 03/15/1971, 02/27/1975, 09/16/1978, 01/02/1981, 05/03/1984
(Emer.), 08/01/1984, 07/31/1989, 05/19/1995, 01/01/1996, 04/28/1998,
07/01/2006, 08/15/2008, 07/01/2011,
03/01/2015
