(A) Commercial
harvest
fishing
quotas
shall
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
shall
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).
(B)(C) In annually
determining and allocating pounds of yellow perch quotas to commercial harvest,
the chief
shall
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
|
(2)(3) Other pertinent
scientific, economic, and social data.
(C)(D) In annually
apportioning pounds of yellow perch quotas within the commercial
industry
trap net
fishery, the chief
shall
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.
Other pertinent scientific,
economic, and social data.
(D)(E) Pounds of yellow
perch quotas
shall
will be apportioned annually within the commercial
industry
trap net
fishery, by commercial
fishing
trap net license, and
shall
will be
stipulated as terms and conditions of each license. Terms and conditions for
any license may stipulate pounds of yellow perch
quotas
allocated
separately by
statistical districts
lake Erie yellow perch management unit.
The terms and conditions for any license will be
established not later than February first of each year and will convey to the
license holder the privilege to harvest up to the specified pounds of yellow
perch. Preliminary terms and conditions annually specified on February first
for each license will not be reduced during the calendar year. Terms and
conditions for pounds of yellow perch quotas may be increased for any license
and all such increases
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
May
first
April twenty-fifth of each
year.
(E)(F) Pounds of yellow
perch quotas may be transferred among commercial
fishing
trap net
licenses from
February first
the date of their announcement through December
tenth of each year. It
shall be
is the responsibility of the transferor licensee
to specify, in writing, the amount of yellow perch
quotas
quota being
transferred, the lake Erie yellow perch management
units
unit in which
that quota was originally assigned, and the license to which the quota is being
transferred. Written transfer requests must be
notarized at
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
(
D
F) of rule
1501:31-3-13 of the
Administrative Code
.
(F)(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.
(G)(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 anothers
another's nets, by the licensee of such
nets.
(H)(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 one and lake Erie yellow perch
management unit two at the same time.
(I)(J) For the purpose of
this rule, the following definitions
shall
apply:
(1) Commercial
harvest
fishing quotas or quota shall be
is defined
as the pounds of fish in total or by statistical
district
lake Erie management unit which
the chief will allow to be legally harvested by commercial fishing
gear.
(2) Licensee
shall be
is
defined as the individual who holds the license.
Notes
Ohio Admin. Code
1501:31-3-12
Effective:
1/1/2023
Five Year Review (FYR) Dates:
8/8/2022 and
01/01/2028
Promulgated
Under: 119.03
Statutory
Authority: 1531.06,
1531.08,
1533.341,
1533.342
Rule
Amplifies: 1531.06,
1531.08,
1533.341,
1533.342
Prior
Effective Dates: 01/02/1996, 10/22/1996, 06/01/1997, 04/30/2006, 08/15/2008,
11/27/2009, 07/01/2012
