Ohio § 1531.08

§ 1531.08.

In conformity with Section 36 of Article II, Ohio Constitution , providing for the passage of laws for the conservation of the natural resources

of the state, including streams, lakes, submerged lands, and swamplands, and in conformity

with this chapter and Chapter 1533. of the Revised Code, the chief of the division

of wildlife has authority and control in all matters pertaining to the protection,

preservation, propagation, possession, and management of wild animals and may adopt

rules under section 1531.10 of the Revised Code for the management of wild animals.  Notwithstanding division (B) of section 119.03 of the Revised Code , such rules in proposed form shall be filed under this section.  Each year there shall be a public fish hearing and public game hearing.  The results of the investigation and public hearing shall be filed in the office

of the chief and shall be kept open for public inspection during all regular office

hours.  Modifying or rescinding such rules does not require a public hearing. The chief may adopt, amend, rescind, and enforce rules throughout the state or in

any part or waters thereof as provided by sections 1531.08 to 1531.12 and other sections

of the Revised Code.  The rules shall be filed in proposed form and available at the central wildlife

office and at each of the wildlife district offices, including the Lake Erie unit

located at Sandusky, at least thirty days prior to the date of the hearing required

by division (D) of section 119.03 of the Revised Code .  The rules shall be based upon a public hearing and investigation of the best available

biological information derived from professionally accepted practices in wildlife

and fisheries management. Each rule adopted under this section shall clearly and distinctly describe and set

forth the waters or area or part thereof affected by the rule and whether the rule

is applicable to all wild animals or only to certain kinds of species designated therein. The chief may regulate any of the following: (A) Taking and possessing wild animals, at any time and place or in any number, quantity,

or length, and in any manner, and with such devices as the chief prescribes; (B) Transportation of such animals or any part thereof; (C) Buying, selling, offering for sale, or exposing for sale any such animal or part

thereof; (D) Taking, possessing, transporting, buying, selling, offering for sale, and exposing

for sale commercial fish or any part thereof, including species taken, length, weight,

method of taking, mesh sizes, specifications of nets and other fishing devices, seasons,

and time and place of taking. When the chief increases the size of a fish named in section 1533.63 of the Revised Code , any fish that were legally taken, caught, or possessed prior to the increase may

be possessed after the increase if the possession of the fish has been reported to

the chief prior to the increase, but on or after the date of the increase the fish

may not be sold to a buyer in this state.