1501:31-3-04. Prohibited places and times for using nets in lake Erie

(A) It shall be unlawful for any person to use or to set, place, fish, locate, or maintain a net or trotline in the limited fishing areas in the lake Erie fishing district described as follows:

(1) From the Camp Perry firing area located in Ottawa county, north of Camp Perry and northwest of Port Clinton, Ohio, beginning at a point north of the mouth of the Toussaint river, located at longitude 83° 03.4 ' and latitude 41° 36' in the proximity of buoy (W-or-J); thence easterly at 93° for approximately 13,000 yards to a point located at longitude 82° 54.8 ' and latitude 41 35.7 ' in the proximity of buoy (W-or-F); thence northwesterly at 326° for approximately 14,000 yards to a point located at longitude 83° 00' and latitude 41° 41.5 ' in the proximity of buoy (W-or-C); thence westerly at 270° for approximately 11,400 yards to a point located at longitude 83° 07.6 ' and latitude 41° 41.5 ' in the proximity of buoy (W-or-A); thence southeasterly at 150° for approximately 12,700 yards to the point of beginning.

(2) Bass island area located in Ottawa county northeast of Port Clinton, beginning at buoy (R2) FI-6 Sec., south of South Bass island; thence northeasterly at 25° for approximately 11,650 yards to buoy (1) FI-4 Sec.-Bell; thence northerly at 12° for approximately 2,100 yards to international buoy (W-or-E); thence northwesterly at 302° for approximately 8,050 yards to buoy (R6) FI-r-4 Sec.-Bell; thence southwesterly at 203° for approximately 5,225 yards to buoy (RN2); thence southerly at 185° for approximately 8,100 yards to Green island light (FI-2-1/2 Sec.-80 ft. 8 Stm); thence southeasterly at 131° for approximately 6,050 yards to the point of beginning.

(3) Kellys island area located in Erie and Ottawa counties north of Sandusky, Ohio, beginning at the Marblehead light (FI-G-6 Sec.-67 ft. 7 Stm); thence northwesterly at 339° for approximately 9,800 yards to buoy (R2)(FI-R-4 Sec.); thence northeasterly at 27° for approximately 10,700 yards to the Canadian-United States international line at the western tip of Middle island; thence southeasterly at 129° for approximately 7,100 yards to buoy (1)(FI-4 Sec.); thence southwesterly at 209° for approximately 15,100 yards to the point of beginning.

(4) Ruggles reef area located in Erie county between Huron and Vermilion, Ohio, beginning at the east bank of the mouth of the Huron river, located at longitude 82° 32.0 ' and latitude 41° 23.9 '; thence due north at 0° for 2,640 yards to a point located at longitude 82° 32.9 ' and latitude 41° 25.2 '; thence easterly for approximately 19,108 yards, running parallel to and at a distance of 2,640 yards from the shoreline, to a point located at longitude 82° 21.9 ' and latitude 41° 26.9 '; thence due south at 180° for 2,640 yards to the west bank of the mouth of the Vermilion river, located at longitude 82° 21.9 ' and latitude 41° 25.6 '; thence westerly following the shoreline for approximately 19,108 yards to the point of beginning.

(B) It shall be unlawful for any person to set or use in fishing a net or trotline within one-half mile of West Sister island, located in Jerusalem township, Lucas county waters of lake Erie northeast of Toledo, Ohio.

(C) It shall be unlawful for any person to set, use or maintain from May fifteenth to October fifteenth each year a net or trotline within four nautical miles of the stipulated reference points at each of the following Ohio lake Erie harbors:

Vermilion - the thirty-foot-high flashing white light at six-second intervals at longitude 82° 21' 50.1 " and latitude 41° 25' 45.1 ".

Lorain - the sixty-foot-high flashing white light at five-second intervals at longitude 82° 11' 43.29 " and latitude 41° 28' 51.62 ".

Cleveland - the sixty-three-foot-high west pierhead light with alternating white and red continuous lights at ten-second intervals at longitude 81° 43' 04.35 " and latitude 41° 30' 32.21 " and the fifty-nine-foot-high east entrance light with isophase or equal interval red light with six-second phase at longitude 81° 39' 05.06 " and latitude 41° 32' 34.98 ".

Fairport harbor - the fifty-six-foot-high west breakwater light with isophase or equal interval red light with six-second phase at longitude 81° 16' 54.46 " and latitude 41° 46' 03.03 ".

Ashtabula - the forty-six-foot-high west pierhead light with a fixed red light at longitude 80° 47' 42.12 " and latitude 41° 55' 11.68 ".

Conneaut - the eighty-foot-high west pier light with alternating white and red continuous light at ten-second intervals at longitude 80° 33' 27.29 " and latitude 41° 58' 48.07 ".

Descriptions of reference point lights and their geographic locations are taken from the "National Oceanic and Atmospheric Administration National Survey Charts."

All other geographic points used in this rule were taken from the "National Ocean Survey, Lake Survey Chart 14830, Aid to Navigation."

(D) It shall be unlawful for any person to set a net or use any device in fishing, except a seine, in the following described area:

Maumee bay waters of the lake Erie fishing district located in Lucas county north, northeast and east of Toledo, Ohio, beginning at the west bank of the mouth of the Maumee river; thence northwest and northerly following the lake Erie shoreline to the Ohio-Michigan boundary line; thence east and northeast following the Ohio-Michigan boundary line in lake Erie to Turtle island; thence southeasterly to the northerly tip of Cedar Point marsh in Jerusalem township; thence southwest and westerly following the lake Erie shoreline to the east bank of the mouth of the Maumee river; thence westerly across the mouth of the Maumee river to the point of beginning.

(E) Except as otherwise provided, it shall be unlawful for any person, to set, maintain, or use a net, seine, or any other fishing device, other than a trotline or hook and line, from May fifteenth to the following October fifteenth within one mile of the shoreline in a portion of lake Erie bounded on the west by an imaginary line running due north from the water tower of the "Ford Motor Company" west of Lorain to an imaginary point one mile offshore, and on the east by an imaginary line running due north from the east bank of the Chagrin river to a point one mile offshore.

(F) It shall be unlawful for any person to set, maintain or use a net, or other fishing devices from May fifteenth through October fifteenth in that portion of lake Erie beginning at the Lakeside association dock for one-half mile north at 41° 33' 35" north and 82° 45' 05" west, to a point one-half mile northeast of the Marblehead lighthouse at 41° 32' 35" north and 82° 42' 20" west to a point extending one-half mile off the Sandusky pier light at 41° 30' 15" north and 82° 39' 55" west.

(G) It shall be unlawful for any person to set, maintain or use a trap net or fyke net in any part of the Sandusky bay and more specifically west of an imaginary line running from the northern most point of Sandusky pier light which is 41° 30' north and 82° 40' 5" west to Shafer's dock on Marblehead which is 82° 43' west and 41° 31' 3" north.

(H) It shall be lawful to place, locate, pull, or maintain a seine in Sandusky bay from one hour before sunrise on Sunday to one half hour after sunset on Sunday, during the commercial fishing season as set in rule 1501:31-3-01 of the Administrative Code, Commercial Fishing Seasons. It shall be unlawful to set, place, locate, or maintain a seine in Sandusky bay and the inland fishing district during the nighttime from one hour after sunset until one hour before sunrise.

(I) Except as otherwise provided, it shall be unlawful for any person, from March first to December tenth each year, to set, maintain, or use a trap net or fyke net within one half mile of any structure, breakwater, pier, or jetty associated with any federally maintained navigation channel in lake Erie.

(J) It shall be unlawful for any person, from March first to December tenth each year, to set, maintain, or use a net or other fishing device within one-quarter mile of the following defined reefs:

(1) Niagara reef - 41 degrees 39.9 minutes latitude, -82 degrees 58.4 minutes longitude

(2) Mouse island reef - 41 degrees 36.4 minutes latitude, -82 degrees 50.0 minutes longitude

(3) Starve island reef - 41 degrees 36.8 minutes latitude, -82 degrees 48.8 minutes longitude

(4) Scott Point central reef - 41 degrees 35.8 minutes latitude, -82 degrees 49.1 minutes longitude

(5) Scott Point east reef - 41 degrees 35.9 minutes latitude, -82 degrees 48.7 minutes longitude

(6) Scott Point west reef - 41 degrees 36.0 minutes latitude, -82 degrees 49.7 minutes longitude

(7) Middle Harbor south reef - 41 degrees 34.1 minutes latitude, -82 degrees 47.6 minutes longitude

(8) Middle Harbor north reef - 41 degrees 34.4 minutes latitude, -82 degrees 47.5 minutes longitude

(9) Gull island reef - 41 degrees 40.3 minutes latitude, -82 degrees 40.5 minutes longitude

(10) Kelleys island reef - 41 degrees 38.5 minutes latitude, -82 degrees 38.1 minutes longitude

(11) Airport reef - 41 degrees 35.9 minutes latitude, -82 degrees 39.8 minutes longitude

(12) West reef - 41 degrees 43.0 minutes latitude, -82 degrees 51.5 minutes longitude

(K) All provisions in sections 1533.48 and 1533.55 of the Revised Code not mentioned in or modified by this rule shall remain in effect.

(L) A violation of this rule is a violation of sections 1533.48 and 1533.55 of the Revised Code insofar as they are applicable.

(M) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.

Five Year Review (FYR) Dates: 11/26/2019 and 11/26/2024
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1533.48, 1533.55,
Rule Amplifies: 1531.06, 1531.08, 1533.48, 1533.55,
Prior Effective Dates: 02/27/1975, 08/30/1978, 03/01/1980, 01/02/1981, 06/01/1982, 05/03/1984 (Emer.), 08/01/1984, 06/01/1985, 04/25/1989, 07/31/1990, 11/11/1992, 05/19/1995, 04/28/1998, 07/11/2013, 03/01/2015

Prior History: (Effective: 03/01/2015
Five Year Review (FYR) Dates: 08/18/2014 and 03/01/2020
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1533.48, 1533.55, 1533.69
Rule Amplifies: 1531.06, 1531.08, 1533.48, 1533.55, 1533.69
Prior Effective Dates: 2/27/75, 8/30/78, 3/1/80, 1/2/81, 6/1/82, 5/3/84 (Emer.), 8/1/84, 6/1/85, 4/25/89, 7/31/90, 11/11/92, 5/19/95, 4/28/98, 7/11/2013)