1501:31-3-12. Quota management system for lake Erie fishes

(A) Commercial harvest quotas shall 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 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) In annually determining and allocating pounds of yellow perch quotas to commercial harvest, the chief shall consider and be guided by:

(1) Recommendations made by the great lakes fishery commission, lake Erie committee and its technical subcommittees:

(2) Other pertinent scientific, economic, and social data.

(C) In annually apportioning pounds of yellow perch quotas within the commercial industry, the chief shall consider and be guided by:

Other pertinent scientific, economic, and social data.

(D) Pounds of yellow perch quotas shall be apportioned annually within the commercial industry, by commercial fishing license, and shall be stipulated as terms and conditions of each license. Terms and conditions for any license may stipulate pounds of yellow perch quotas separately by statistical districts. 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 will be conveyed in writing by the chief to individual license holders not later than May first of each year.

(E) Pounds of yellow perch quotas may be transferred among commercial fishing licenses from February first through December tenth of each year. It shall be the responsibility of the transferor licensee to specify, in writing, the amount of yellow perch quotas being transferred, the lake Erie yellow perch management units in which that quota was originally assigned, and the license to which the quota is being transferred. Written transfer requests must be notarized at 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) of rule 1501:31-3-13 of the Administrative Code

(F) It shall be unlawful for any trap net licensee to harvest more pounds of yellow perch than that allocated for his specific license.

(G) 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 nets, by the licensee of such nets.

(H) 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 lake Erie yellow perch management unit one and lake Erie yellow perch management unit two at the same time.

(I) For the purpose of this rule, the following definitions shall apply:

(1) Commercial harvest quotas or quota shall be defined as the pounds of fish in total or by statistical district which the chief will allow to be legally harvested by commercial fishing gear.

(2) Licensee shall be defined as the individual who holds the license.

Five Year Review (FYR) Dates: 9/6/2018 and 09/06/2023
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

Prior History: (Effective: 07/01/2012
R.C. 119.032 review dates: 02/06/2012 and 04/17/2017
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: 1/2/96, 10/22/96, 6/1/97, 4/30/06, 8/15/2008, 11/27/2009 )