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STATE v. PORT CLINTON FISH CO.

No. 88-258.

43 Ohio St. 3d 93 (1989)

THE STATE OF OHIO, APPELLEE, v. PORT CLINTON FISH COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided May 24, 1989.

Attorney(s) appearing for the Case

Mark S. Schmollinger, assistant prosecuting attorney, Anthony J. Celebrezze, Jr., attorney general, and John McManus, for appellee.

Connelly, Soutar & Jackson, Reginald S. Jackson, Jr., and Steven R. Smith, for appellant.

HOFFMAN, J.

I

As amended in 1984, R.C. 1533.63 prohibits commercial fishing of walleye within the boundaries of the state of Ohio, and furthermore states that "walleye * * * originating from outside of this state may be possessed for sale, bought, or sold subject to the orders of the division of wildlife." Prior to its amendment in 1984, R.C. 1533.63 explicitly regulated undersized walleye along with other...

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