CHAPTER 490
FISHERIES AND GAME

The purposes of this compact are to:
(1) Provide close and effective cooperation and assistance in detecting and apprehending those engaged in illegal fisheries and wildlife and environmental activities.
(2) Render mutual aid and assistance and provide for the powers, duties, rights, privileges and immunities of conservation law enforcement personnel when rendering such aid.

Article II
Entry Into Force and Withdrawal

(1) This compact shall enter into force when enacted into law by any two of the states of Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and West Virginia. Thereafter this compact shall become effective as to any other of the aforementioned states upon its enactment thereof.
(2) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all the party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal, and any records, files or information obtained by officers or employees of a withdrawing state shall continue to be kept, used and disposed of only in such manner as is consistent with this compact and rules or regulations pursuant thereto.

Article III
The Compact

(1) There is hereby established the Northeast Conservation Law Enforcement Compact, hereinafter called the compact, to be composed of a representative from each party state who shall be the administrative head of the conservation law enforcement agency from each party state; specifically the Directors from Connecticut, New York and Massachusetts; the Chief of Law Enforcement, Division of Fish, Game and Wildlife from New Jersey; the Chief, Division of Enforcement, Department of Environmental Management from Rhode Island; the Chief Game Warden from Vermont; the Chief from West Virginia; the Chief of Marine Resources and the Chief Warden of the Bureau of Warden Service of the Department of Inland Fisheries and Wildlife from Maine; the Director of the Bureau of Law Enforcement from the Pennsylvania Game Commission; the Chief of Law Enforcement of the New Hampshire Fish and Game Department; and the Major from the Enforcement Section of the Department of Natural Resources & Environmental Control from the State of Delaware, hereinafter called the Administrator, from each party state.
(2) The Administrator of a party state may provide for the discharge of his duties and the performance of his functions on the compact by an alternate. No such alternate shall be entitled to serve unless notification of his identity and appointment shall have been given the compact in such form as the compact may require.
(3) An alternate serving pursuant to subdivision (2) of this article shall be selected only from among the officers and employees of the conservation law enforcement agency, the head of which such alternate is to represent.

Article IV
Compact Powers

The Compact shall have the power to:
(1) Consider and recommend means of identifying organized violators of fish and wildlife and environmental laws.
(2) Facilitate mutual assistance among the conservation law enforcement agencies of the party states pursuant to Article V of this compact.
(3) Promote cooperation in conservation law enforcement and make recommendations to the party states and other appropriate law enforcement authorities for the improvement of such cooperation.
(4) Do all things which may be necessary and incidental to the exercise of the foregoing powers.

Article V
Mutual Aid

(1) As used in this article:
(A) "A requesting state" means the state whose conservation law enforcement agent requests assistance; and
(B) "A responding state" means the state furnishing aid, or requested to furnish aid, pursuant to this article.
(2) Upon the request for assistance of the Administrator of the conservation law enforcement agency of a party state, the Administrator of the conservation law enforcement agency of each responding state shall order such part of his conservation police force as he, in his discretion, may find necessary, to aid the conservation police forces of the requesting state in order to carry out the purposes set forth in this compact. In such case it shall be the duty of the Administrator of the conservation law enforcement agency of each responding state to issue the necessary orders for such use of the conservation law enforcement forces of his state without the borders of his state, and to direct such forces to place themselves under the operational control of the Administrator of the conservation law enforcement agency of the requesting state.
(3) The Administrator of the conservation law enforcement agency of any party state, in his discretion, may withhold or recall the conservation law enforcement forces of his state or any part or any member thereof, serving without its borders.
(4) Whenever any of the conservation law enforcement forces of any party state are engaged outside their own state in carrying out the purposes of this compact, the individual members so engaged shall have the same powers, duties, rights, privileges and immunities as members of the conservation law enforcement forces of the state in which they are engaged, but in any event, a requesting state shall save harmless any member of a conservation law enforcement agency of a responding state serving within its borders for any act or acts done by such member in the performance of such member's duty while engaged in carrying out the purposes of this compact.
(5) All liability that may arise under the laws of the requesting state or under laws of the responding state or under laws of a third state on account of or in connection with a request for aid shall be assumed and borne by the requesting state.
(6) Each party state shall provide, in the same amounts and manner as if they were on duty within their state, for the pay and allowances of the personnel of its conservation law enforcement agency while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact.
(7) Each party state providing for the payment of a compensation and death benefits to injured members and the representatives of deceased members of its conservation law enforcement agency in case such members sustain injuries or are killed within their own state shall provide for the payment of compensation and death benefits in the same manner and on the same terms in case such members sustain injury or are killed while rendering aid pursuant to this compact.

Article VI
Construction and Severability

This compact shall be liberally construed so as to effectuate the purpose thereof, and shall not be construed to nullify any existing or future statute created by any party states. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby and the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to severable matters.
(P.A. 99-136, S. 2.)

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PART III
LICENSES AND PERMITS

Sec. 26-27. Licenses required for hunting, trapping and fishing. (a) Except as provided in subsection (b), (c), (e) or (f) and other provisions of this chapter providing specific license exemption, no person shall take, hunt or trap, or shall attempt to take, hunt or trap, or assist in taking, hunting or trapping, any wild bird or mammal and no person more than sixteen years of age shall take, attempt to take, or assist in taking any fish or bait species in the inland waters by any method, without first having obtained a license as provided in this chapter. No person under sixteen years of age shall hunt or trap, except as provided in section 26-38.
(b) Any landowner who has a domiciliary residence in this state, his spouse or lineal descendants may hunt, trap or fish on land owned by him or on land leased by him and on which he is actually domiciled, which land is not used for club, fishing or hunting purposes, without a license, subject to the provisions of this chapter.
(c) No fishing license shall be required for any person who is rowing a boat or operating the motor of a boat from which other persons are taking or attempting to take fish.
(d) The taking of fish and bait species as herein provided shall be regarded as sport fishing and the taking of such species in the inland waters by commercial methods for commercial purposes shall be governed by other provisions of this chapter.
(e) No fishing license shall be required for any resident of the state who is participating in a fishing derby authorized in writing by the Commissioner of Environmental Protection provided (1) no fees are charged for such derby, (2) such derby has a duration of one day or less and (3) such derby is sponsored by a nonprofit civic service organization. Such organization shall be limited to one derby in any calendar year.
(f) The Commissioner of Environmental Protection may designate one day in each calendar year when no license shall be required for sport fishing.
(1949 Rev., S. 4868; 1957, P.A. 348, S. 1; 1967, P.A. 71, S. 1; 1971, P.A. 148; P.A. 76-131, S. 1, 2; P.A. 81-298, S. 1, 9; P.A. 82-366, S. 2; P.A. 83-191, S. 1, 9; P.A. 85-53, S. 3; P.A. 87-30, S. 1, 2.)
History: 1967 act deleted prohibition in Subsec. (a) against persons under sixteen trapping without a license; 1971 act prohibited attempting to take, hunt or trap birds or quadrupeds and attempting to take fish or bait species in Subsec. (a); P.A. 76-131 added Subsec. (e) re exemption from licensing requirements for participants in fishing derbies; P.A. 81-298 substituted "sixteen years of age or over" for "over sixteen years" in Subsec. (a) provision requiring license to hunt, trap or fish and prohibited trapping as well as hunting by those under sixteen except as provided in Sec. 26-38; P.A. 82-366 amended Subsec. (a) to be consistent with new license categories established by Sec. 26-27a; P.A. 83-191 amended Subsec. (a) to exempt persons under sixteen years of age from the requirement of a fishing license; P.A. 85-53 substituted "mammal" for "quadruped" in Subsec. (a); P.A. 87-30 added Subsec. (f) authorizing the commissioner to designate a free fishing day.
See Sec. 26-99 re establishment of fish and game refuges.
Cited. 124 C. 280.
Cited. 2 Conn. Cir. Ct. 461.

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Sec. 26-27a. Junior licenses. As used in this part:
(1) "Junior firearms hunting license" means a license issued for firearms hunting to persons between twelve and sixteen years of age;
(2) "Junior archery hunting license" means a license issued for archery hunting to persons between twelve and sixteen years of age;
(3) "Junior trapping license" means a license issued for trapping to persons under sixteen years of age.
(P.A. 82-366, S. 1.)

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Sec. 26-27b. Hunting or taking of waterfowl, stamp required. Connecticut Migratory Bird Conservation Stamp. (a) On or after July 1, 1993, no person sixteen years of age or older may hunt waterfowl or take waterfowl in the state without first procuring a Connecticut Migratory Bird Conservation Stamp and having such stamp in his possession with his signature written in ink across the face of the stamp while hunting waterfowl or taking waterfowl. The stamp shall not be transferable and shall be issued annually beginning on July first.
(b) The Commissioner of Environmental Protection shall provide for the design, production and procurement of the mandatory Connecticut Migratory Bird Conservation Stamp and shall, by regulations adopted in accordance with the provisions of chapter 54, provide for the issuance of the stamp. Stamps shall be sold at a price determined by the commissioner, provided the price of a mandatory stamp shall not exceed ten dollars. Any agent or town clerk issuing such stamps may retain a fee of fifty cents for each stamp sold and shall remit the balance to the Department of Environmental Protection.
(P.A. 91-308, S. 2; P.A. 92-133, S. 1, 9.)
History: P.A. 92-133 amended Subsec. (a) to change the date on which a Connecticut Migratory Bird Stamp would be required for certain hunting activities from July 1, 1992, to July 1, 1993, and amended Subsec. (b) to delete a requirement that funds received under this section be deposited into the general fund and credited to the conservation fund established under Sec. 22a-27h.

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Sec. 26-27c. Reproduction and marketing of stamp as artwork. Use of funds generated. The Commissioner of Environmental Protection may provide for the Connecticut Migratory Bird Stamp to be reproduced and marketed in the form of prints and other related artwork. Funds generated from such marketing and from the sale of stamps pursuant to section 26-27b shall be deposited in a separate account maintained by the Treasurer and known as the migratory bird conservation account. The migratory bird conservation account shall be an account of the Conservation Fund. All funds credited to the migratory bird conservation account shall only be used for: (1) The development, management, preservation, conservation, acquisition, purchase and maintenance of waterfowl habitat and wetlands and purchase or acquisition of recreational rights or interests relating to migratory birds; and (2) the design, production, promotion and procurement and sale of the prints and related artwork.
(P.A. 91-308, S. 3; P.A. 92-133, S. 2, 9; P.A. 94-130, S. 9.)
History: P.A. 92-133 granted broader authority to the commissioner for the reproduction and marketing of the Connecticut Migratory Bird Conservation Stamp and required funds generated from the sale and marketing of the stamps be deposited into the Migratory Bird Conservation Fund; P.A. 94-130 changed name of fund from "Migratory Bird Conservation Fund" to "migratory bird conservation account" and made said account an account of the Conservation Fund and eliminated the requirement that investment earnings be credited to the assets of said fund.

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Sec. 26-27d. Citizens' Advisory Board for the Connecticut Migratory Bird Conservation Stamp program. (a) There is established a Citizens' Advisory Board for the Connecticut Migratory Bird Conservation Stamp Program. The board shall consist of seven members appointed by the Commissioner of Environmental Protection. The members of the board shall be individuals representing organizations having a record of activity in migratory bird or wetland habitat conservation or who have an expertise or recognized knowledge in an area pertinent and valuable to the program. The board shall elect a chairman from among its membership on or before July 1, 1992. The chairman shall be unaffiliated with any administrative agency of the state.
(b) The board shall advise the Commissioner of Environmental Protection on the design, production and procurement of the Connecticut Migratory Bird Conservation Stamp and the expenditure of funds generated from the sale of such stamps and associated art products produced pursuant to sections 26-27b and 26-27c.
(P.A. 92-133, S. 3, 9.)

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Sec. 26-28. Hunting, trapping and sport fishing license fees. (a) Except as provided in subsection (b), the fees for firearms hunting, archery hunting, trapping and sport fishing licenses or for the combination thereof shall be as follows: (1) Resident firearms hunting license, ten dollars; (2) resident fishing license, fifteen dollars; (3) resident combination license to firearms hunt and fish, twenty-one dollars; (4) resident trapping license, twenty dollars; (5) resident junior trapping license for persons under sixteen years of age, three dollars; (6) junior firearms hunting license, three dollars; (7) persons sixty-five years of age and over who have been residents of this state for not less than one year and who meet the requirements of subsection (b) of section 26-31 may be issued a lifetime license to firearms hunt or to fish or combination license to fish and firearms hunt or a license to trap without fee; (8) nonresident firearms hunting license, forty-two dollars; (9) nonresident fishing license, twenty-five dollars; (10) nonresident fishing license for a period of three consecutive days, eight dollars; (11) nonresident combination license to firearms hunt and fish, fifty-five dollars, and (12) nonresident trapping license, two hundred dollars. The issuing agency shall indicate on a combination license the specific purpose for which such license is issued. The town clerk shall retain a recording fee of one dollar for each license issued by him.
(b) Any nonresident residing in one of the New England states or the state of New York may procure a license to hunt or to fish or to hunt and fish for the same fee or fees as a resident of this state if he is a resident of a state the laws of which allow the same privilege to residents of this state.
(1949 Rev., S. 4869; 1949, 1955, S. 2462d; 1957, P.A. 90; 458, S. 1, 2; 1963, P.A. 329, S. 1; 1967, P.A. 244, S. 1; 1969, P.A. 330, S. 1; 1971, P.A. 9, S. 1; P.A. 77-171, S. 1; P.A. 78-46; 78-270, S. 1; P.A. 79-81, S. 1, 3; P.A. 80-375, S. 1, 2; P.A. 81-298, S. 2, 9; P.A. 82-91, S. 18, 38; 82-472, S. 101, 183; Nov. Sp. Sess. P.A. 91-3, S. 1, 21; P.A. 93-256, S. 5, 6.)
History: 1963 act (1) combined hunting and trapping licenses, deleting separate trapping licenses for those over sixteen and for those under sixteen and separate nonresident hunting licenses, (2) imposed single fishing license, deleting special case licenses for those over sixty-five, for nonresidents and for three-day period, (3) reduced fee for combination license to hunt, trap and fish from eight to six dollars, (4) deleted nonresident combination license to hunt and fish, (5) clarified combination license for those over sixty-five as one to fish, trap and hunt and deleted Subsec. (b) which had allowed nonresidents, their spouses and lineal descendants of residents who own property in the state which is assessed at $1,000 or more to obtain licenses for fees charged to residents; 1967 act restored distinction between license fees for nonresidents and residents, restored Subsec. (b) allowing nonresidents to obtain licenses at rates charged to residents and added Subsec. (c) re fees charged to residents of New York or other New England states; 1969 act increased fees for nonresident licenses under Subsec. (a) by two dollars for each category; 1971 act clarified residency requirement for those sixty-five and over and specified that such persons may receive any license without fee where previously mention was made only of combination license to fish, trap and hunt and nominal one dollar and thirty-five cent fee was charged; P.A. 77-171 specified that license issued to those sixty-five and over is "lifetime" license; P.A. 78-46 required in Subsec. (b) that person must own property assessed at ten thousand rather than one thousand dollars for provisions to apply; P.A. 78-270 increased nonresident license fees for: hunting, from thirteen dollars and thirty-five cents to twenty-six dollars and thirty-five cents; fishing, from eight dollars and thirty-five cents to sixteen dollars and thirty-five cents; three-day fishing, from three dollars and eighty-five cents to seven dollars and thirty-five cents; combination hunting and fishing, from seventeen dollars and thirty-five cents to thirty-four dollars and thirty-five cents; P.A. 79-81 increased license fees for residents and nonresidents by sixty-five cents in each category and increased clerk's recording fee by the same amount; P.A. 80-375 deleted Subsec. (b) which had allowed nonresidents, their spouses and lineal descendants of residents to purchase licenses at rates charged to residents if property in state owned by them is assessed at $10,000 or more; P.A. 81-298 amended Subsec. (a) to establish a fee for trapping licenses for persons under sixteen years of age; P.A. 82-91 increased fees for firearms hunting, archery and trapping licenses and combination licenses, established fees for junior licenses and limited combination licenses to firearms hunting and fishing where before trapping could also be combined; P.A. 82-472 made technical changes in the section; Nov. Sp. Sess. P.A. 91-3 amended Subsec. (a) to increase the fee for a resident firearms hunting license from nine to ten dollars, for a resident fishing license from nine to fifteen dollars, for a resident combination license from twelve to twenty- one dollars, for a resident trapping license from sixteen to twenty dollars, for a nonresident firearms hunting license from seventeen to twenty-five dollars, and for a nonresident combination license from twenty-five to fifty-five dollars, to delete authorization for issuance of general archery hunting licenses, to require those sixty-five and older to comply with Sec. 26-31 in order to obtain a free license under this section, to authorize the issuance of free annual licenses to those sixty- five and older and to delete authorization for free lifetime licenses and to include trapping in such free annual licensure; P.A. 93-256 authorized free lifetime licenses for persons aged sixty-five years or older, effective July 1, 1993.

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Sec. 26-28a. Combination licenses for servicemen. Fee. Section 26-28a is repealed.
(1967, P.A. 211, S. 1; 1969, P.A. 79, S. 1; P.A. 79-81, S. 2, 3; P.A. 81-298, S. 3, 9; P.A. 82-366, S. 8.)
See Sec. 26-34a re licenses for nonresident servicemen.

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Sec. 26-29. Free fishing licenses for blind persons. No fee shall be charged for any sport fishing license issued under this chapter to any blind person. Proof of such blindness shall be furnished, in the case of a veteran, by the United States Veterans' Administration and, in the case of any other person, by the State Board of Education of the Blind. For the purpose of this section, a person shall be blind only if his central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if his visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.
(1955, S. 2471d; 1957, P.A. 321, S. 1.)

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Sec. 26-29a. Free fishing licenses for mentally retarded persons. No fee shall be charged for any sport fishing license issued under this chapter to any mentally retarded person. Proof of mental retardation shall consist of a certificate to that effect issued by any person licensed to practice medicine and surgery in this state.
(1963, P.A. 77.)

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Sec. 26-29b. Free hunting, sport fishing or trapping licenses for certain handicapped persons. No fee shall be charged for any hunting, sport fishing or trapping license issued under this chapter to any physically disabled person. For the purposes of this section, a "physically disabled person" is any person whose disability consists of the loss of one or more limbs or the permanent loss of the use of one or more limbs. A physically disabled person shall submit to the commissioner a certification, signed by a licensed physician, of such disability. No fee shall be charged for any hunting or sport fishing license issued under this chapter to any physically disabled person who is not a resident of this state if such person is a resident of a state in which a physically disabled person from Connecticut will not be required to pay a fee for a hunting or sport fishing license.
(P.A. 87-513, S. 1; P.A. 93-256, S. 2, 6.)
History: P.A. 93-256 expanded eligibility for licenses under this section and added eligibility for free trapping licenses, effective July 1, 1993.

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Sec. 26-29c. Free private land deer permit for certain farmers. Notwithstanding the provisions of section 26-27, the Commissioner of Environmental Protection shall issue, without fee, a private land deer permit for use only on a farm provided: (1) The farm is an S corporation; and (2) the permit is issued to a corporate member or the immediate family of the corporate member. No such corporate member or family member shall be issued more than one such permit per season. The permit shall allow the use of a rifle, shotgun, muzzleloader or bow and arrow on the farm from November first until December thirty-first, inclusive, of each year. For purposes of this section, "S corporation" means "S corporation" as defined in section 12-213 and "immediate family" means a spouse, child, grandchild, sibling or parent.
(P.A. 00-67, S. 2.)

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Sec. 26-30. Applications. Issuance of licenses. (a) Resident licenses to firearms hunt, archery hunt, trap or fish, or the combination thereof, shall be issued only to qualified applicants therefor by the town clerk of any town, an agent of such town clerk deputized pursuant to subsection (f) of this section or an agent of the Commissioner of Environmental Protection licensed pursuant to subsection (g) of this section. Such licenses shall be issued in such form as the commissioner shall prescribe.
(b) Nonresident licenses shall be issued by any town clerk, an agent of such town clerk or an agent of the commissioner, except that nonresident trapping licenses shall be issued by the commissioner.
(c) Applications shall be made on forms furnished by the commissioner, containing such information as the commissioner may require, and any such application forms shall have printed thereon, "I declare under the penalties of false statement that the statements herein made by me are true and correct." Any person who makes any material false statement on such application form shall be guilty of false statement and shall be subject to the penalties provided for false statement, and said offense shall be deemed to have been committed in the town in which such application is presented or received for processing.
(d) No application shall contain any material false statement.
(e) The town clerk, an agent of such town clerk or an agent of the commissioner shall, upon receipt of such application, correctly filled out and accompanied by the required fee, issue to such applicant the appropriate license. If such application is by mail, the town clerk shall mail such license to such applicant within five days from the receipt of the application and proper fee.
(f) The town clerk of any town may deputize agents in such town to issue firearms hunting, archery hunting, trapping and fishing licenses, or the combination thereof, provided he shall be solely responsible for compliance with the provisions of the statutes relating to the duties of the town clerk in connection with such licenses and the moneys received therefor.
(g) The Commissioner of Environmental Protection may, upon application by persons on forms furnished by the commissioner and containing such information as the commissioner may require, license such persons as agents for the issuance of firearms hunting, archery hunting, trapping and fishing licenses, or the combination thereof. Upon the request of any agent licensed by the commissioner, the town clerk of the town in which such agent conducts business shall sell license forms to such agent at the regular license cost minus twenty-five cents for such agent's fee. Not later than the first Monday of each month, such agent shall remit to the town clerk from whom the license forms were purchased any license forms voided by such agent and two copies of all licenses sold by such agent during the preceding month. Upon the request of an agent, the town clerk shall reimburse such agent for any unused or voided license forms remitted to such town clerk.
(1949 Rev., S. 4870; 1951, 1953, 1955, S. 2463d; 1957, P.A. 288, S. 1; 1963, P.A. 329, S. 2; 1967, P.A. 244, S. 2; 1971, P.A. 871, S. 103; 872, S. 229; P.A. 80-461; P.A. 81-115, S. 1, 2; P.A. 82-366, S. 3; P.A. 85-613, S. 66, 154; Nov. Sp. Sess. P.A. 91-3, S. 2, 21.)
History: 1963 act deleted Subsecs. (b) and (c) stating that licenses to nonresidents shall be issued by town clerk, his agent or the board of fisheries and game and prohibiting issuance of trapping license to nonresidents; 1967 act restored previously deleted Subsecs; 1971 acts replaced references to "perjury" and penalties in Sec. 53-143 with references to "false statement" and references to board of fisheries and game with references to environmental protection commissioner; P.A. 80-461 added Subsec. (h) re issuance of licenses by agents; P.A. 81-115 extended licensing power to agents of environmental protection commissioner, repealed the bond requirement for sales agents, required that they purchase licenses from town clerks, replacing previous provision which had required clerks to furnish forms without charge and replaced previous provisions requiring agent to remit moneys received to commissioner except for seventy-five cent recording fee to be remitted to clerk with provisions requiring agents to return voided forms and copies of licenses sold to town clerk and requiring clerk to reimburse agent for voided and unused forms if requested to do so; P.A. 82-366 amended Subsec. (a) to establish separate license categories for firearms hunting and archery hunting, amended Subsec. (b) by authorizing the commissioner of environmental protection to issue nonresident trapping licenses and deleted former Subsec. (c) which had prohibited issuance of trapping licenses to nonresidents, relettering accordingly and changing language elsewhere in section to reflect amendments; P.A. 85-613 made technical change in Subsec. (a); Nov. Sp. Sess. P.A. 91-3 amended Subsec. (e) to delete provision for issuance of license holders.

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Sec. 26-31. Instruction in handling and use of hunting weapons. Required education course for reinstatement of suspended license. (a) The Commissioner of Environmental Protection shall formulate conservation courses of instruction in safe trapping, hunting and archery practices and the handling and use of traps and hunting implements, including bow and arrow, for such persons as are applying for a license to hunt with firearms or to hunt with bow and arrow or trap for the first time and for minors who fall within the provisions of section 26-38, and shall designate one or more competent persons or organizations to give such instruction. Any person or organization so designated shall give such instruction to any person requesting the same and shall, upon the successful completion thereof, recommend to the commissioner issuance of a certificate of completion to such person. Successful completion of such instruction for hunting license applicants shall include, but not be limited to, achieving a passing grade on an examination formulated by the commissioner, which shall include correctly stating in writing, or reciting orally, the regulations for hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials and the regulations for shooting towards persons, buildings or animals. Any such person or organization may charge any person taking the course of instruction in trapping a reasonable fee, established by regulation adopted by the commissioner in accordance with chapter 54, to cover the cost of supplies, materials and equipment necessary for such course of instruction. No fee shall be charged for a course of instruction in hunting or archery.
(b) No firearms hunting, archery hunting or trapping license shall be issued to any person unless he presents proof in the form of a license or certified copy thereof that he has held a similar resident license to hunt with firearms or with bow and arrow or to trap within five years from the date of application in any state or country or possession thereof, or unless he presents to the town clerk a certificate of completion issued under subsection (a) of this section or an equivalent, as deemed by the commissioner, of such certificate. Each town clerk shall transmit all such certificates presented to him to the Commissioner of Environmental Protection in connection with his report to the commissioner under section 26-36.
(c) Any person who obtains a firearms hunting, archery hunting or trapping license by giving false information or by presenting a fraudulent certificate shall be fined not less than twenty-five dollars nor more than one hundred dollars and such license, or any such subsequent license procured by such person on the basis of any fraudulent statement or act in procuring such original license, shall be revoked and shall not be reissued for one year from the date of such revocation.
(d) Any certified conservation education-firearms safety instructor while giving such instruction and any person scheduled to receive such instruction may possess and transport shotguns and rifles on Sunday and on said day may discharge such firearms on any state-owned property with prior approval of the agency controlling such property and on any privately-owned property with the permission of the owner, the provisions of section 26-73 to the contrary notwithstanding.
(e) There is annually appropriated to the Department of Environmental Protection from the General Fund the sum of fifty thousand dollars to be used by said department for the purchase of supplies and materials and necessary personal services in carrying out the provisions of this section.
(f) Any person who has been refused a certificate of completion under the provisions of subsection (a) of this section may appeal from such refusal to the commissioner, who shall make the final determination on issuance of such certificate to the applicant.
(g) Any holder of a hunting license which has been suspended under section 26- 61, for a hunting safety violation as identified by the commissioner in the Hunting and Trapping Guide published annually by the Department of Environmental Protection or any holder of such a license which has been suspended under section 26-62 shall successfully complete a remedial hunter education course formulated by the Commissioner of Environmental Protection and show proof that the hunter has successfully completed a conservation education-firearms safety course or its equivalent, as deemed by the commissioner, prior to any reinstatement of such license.
(1955, S. 2473d, 2474d; 1957 P.A. 638, S. 1; 1961, P.A. 133, S. 1; 415; 1963, P.A. 329, S. 3; 1967, P.A. 244, S. 3; 1971, P.A. 872, S. 230; P.A. 81-298, S. 4−7, 9; P.A. 82-366, S. 4; P.A. 85-22; P.A. 87-25; P.A. 91-378, S. 2; P.A. 97-250, S. 7; P.A. 00-142, S. 2.)
History: 1961 acts required course of instruction for minors "who fall within the provisions of section 26-38" and allowed instructors to charge one dollar for course where previously no charge was permitted under Subsec. (a); 1963 act required course of instruction for first-time applicants for trapping license, made changes to reflect change to hunting and trapping license from separate license for each activity and clarified nature of combination license; 1967 act added reference to licenses for hunting only; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner and department; P.A. 81-298 mandated courses of instruction in safe trapping and archery and authorized persons or organizations to charge a reasonable fee for instruction in trapping only, deleting provision which had allowed one dollar per person charge for hunting course in Subsec. (a), amended Subsec. (b) to require that license applicant must have held license to hunt with firearms within five, rather than ten, years from date of application, amended Subsec. (e) by adding reference to trapping license, by imposing firearms restriction on a combination license which commissioner may require to be noted on a license and by deleting phrase which had made provisions inapplicable to use of bow and arrow in hunting, and increased appropriation in Subsec. (g) to implement the provisions of the section from $2,500 to $50,000; P.A. 82-366 amended Subsec. (a) to authorize persons giving instruction to recommend issuance of a certificate of competency by the commissioner of environmental protection where before the instructor himself issued such certificates, amended Subsec. (b) to allow equivalent courses as a prerequisite for a certificate of competency and deleted Subsec. (d) which had required the town clerk to note any restrictions on hunting and fishing licenses, relettering remaining Subsecs. accordingly; P.A. 85-22 replaced general requirement that person seeking license "to hunt or to trap" have held license "to hunt with firearms" with specific requirement that person seeking license for firearms hunting, archery hunting or trapping have held a similar resident license within five years; P.A. 87-25 amended Subsec. (b) by requiring proof of having held a license, eliminated Subsec. (e) concerning special insurance for conservation education-firearms safety instructors and deleted provision in former Subsec. (e) re appropriation to defray insurance costs, relettering the remaining Subsecs. accordingly, and substituted references to certificates of completion for references to certificates of competency; P.A. 91-378 amended Subsec. (a) to provide for certain requirements for passage of the examination required for a hunting license; P.A. 97-250 added new Subsec. (g) re completion of remedial education course prior to reinstatement of suspended license; P.A. 00-142 amended Subsec. (g) to require showing of proof of completion of a conservation education-firearms safety course prior to reinstatement of suspended license.

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Sec. 26-31a. Instruction in fishing techniques. (a) The Commissioner of Environmental Protection shall formulate a course of instruction in fishing techniques to be known as the fishing education and urban angling program. The commissioner shall designate one or more competent persons or organizations to give such instruction. Any person so designated shall give such instruction to any person requesting the same and shall upon successful completion thereof issue a certificate of completion to such person. No fee shall be charged for such instruction.
(b) All certified fishing instructors shall, while performing their duties under this section, be covered by liability and property damage insurance protection, which insurance shall be in an amount satisfactory to and negotiated by the Comptroller and the premium for such insurance shall be paid from the General Fund.
(P.A. 85-570, S. 1, 4.)

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Sec. 26-31b. Hunting and fishing guide services. Licenses. Fee. The commissioner may, upon application and payment of a fee of one hundred dollars, issue to any person a license to conduct hunting or fishing guide services, and for each authorized assistant of a licensed guide, a license for a fee of fifty dollars. Application forms for such licenses shall be furnished by the commissioner. Each such license shall be nontransferable and shall expire on the last day of December next after issuance. The commissioner shall adopt regulations in accordance with chapter 54 concerning the administration of and requirements for guide services.
(Nov. Sp. Sess. P.A. 91-3, S. 20, 21.)

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Sec. 26-32. Permanent license. Section 26-32 is repealed.
(1957, P.A. 565; 1963, P.A. 329, S. 4; 1967, P.A. 70, S. 1; 1971 P.A. 9, S. 2.)

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Sec. 26-33. Issuance of complimentary licenses to nonresidents. The Governor may issue complimentary hunting and fishing licenses to nonresidents.
(1929, S.A. 231; 1971, P.A. 872, S. 231.)
History: 1971 act deleted requirement that board of fisheries and game approve governor's issuance of complimentary licenses.

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Sec. 26-34. License for nonresident servicemen. Section 26-34 is repealed.
(1949 Rev., S. 4874; 1949, 1953, 1955, S. 2466d; 1957, P.A. 163, S. 38; 1963, P.A. 329, S. 8.)

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Sec. 26-34a. License for nonresident servicemen. Any nonresident who is an active, full-time member of the armed forces, as defined in section 27-103, may purchase any license issuable under the provisions of this chapter to residents of this state on payment of the same fee as is charged such residents. Such license shall be in effect until December thirty-first of the year in which it is issued. When using such license such person shall carry credentials indicating active, full-time membership in said armed forces, unless he has been discharged or separated from such service prior to the expiration date of such license.
(1967, P.A. 244, S. 7.)

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Sec. 26-35. Expiration date. License not transferable. Restrictions. Wildlife management study area. Each firearms hunting, archery hunting, trapping or sport fishing license or the combination firearms hunting and fishing license, except licenses issued pursuant to subdivisions (7) and (10) of subsection (a) of section 26-28, shall expire December thirty-first next following the date of issue and shall not be transferable. No person shall change or alter such a license or loan to another or permit another to have or use such license issued to himself or use any license issued to another. All licenses shall be carried as designated by the commissioner at all times when such licensee is hunting, trapping or sport fishing and shall be produced for examination upon demand of any conservation officer or other employee of the department designated by the commissioner or any other officer authorized to make arrests or the owner or lessee or the agent of any owner or lessee of any land or water upon which such licensed person may be found. Whenever the commissioner has designated any land or water area a wildlife management study area, he may require such licensee to surrender his license upon entering such area and issue to the licensee an arm band, back tag or other identification. The license shall be returned to the licensee upon leaving such area. Each person receiving a license to hunt or to trap shall make an annual report to the commissioner in such form and at such time as may be required by him showing the numbers and kinds of birds and quadrupeds killed or trapped. A firearms hunting or a combination firearms hunting and fishing license shall not authorize the carrying or possession of a pistol or revolver.
(1949 Rev., S. 4871; 1955, S. 2464d; 1963, P.A. 329, S. 5; 1967, P.A. 244, S. 4; 1971, P.A. 872, S. 232; P.A. 76-5; P.A. 77-171, S. 2; P.A. 82-366, S. 5; Nov. Sp. Sess. P.A. 91-3, S. 3, 21; P.A. 97-250, S. 1.)
History: 1963 act made changes to reflect switch from separate licenses to hunt and to trap to licenses to hunt and trap, deleting obsolete provision which forbade those licensed only to trap to carry firearms while visiting traps; 1967 act added references to separate hunting licenses; 1971 act replaced references to board of fisheries and game, its members and its director with references to environmental protection commissioner and employees of environmental protection department; P.A. 76-5 added provisions governing licensee's surrender of his license when he enters a wildlife management study area; P.A. 77-171 excepted licenses issued pursuant to Sec. 26-28(a)(4) from generally applicable expiration date; P.A. 82-366 made technical revisions to reflect changes in license categories made by Sec. 26-30; Nov. Sp. Sess. P.A. 91-3 deleted provision requiring the commissioner to provide a license holder and deleted provision requiring a license holder to display the license on his outer clothing while hunting, fishing or trapping; P.A. 97-250 deleted reference to Subdiv. (9) and added reference to Subdivs. (7) and (10) of Subsec. (a) of Sec. 26-28 to clarify that lifetime licenses issued to senior citizens and three-day nonresident fishing licenses are not subject to the provisions of this section re expiration of licenses.

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Sec. 26-36. Record of licenses. Remittance of fees by town clerks. Each town clerk shall keep a record of all licenses issued by him under the provisions of this chapter for a period of two years after issuance, which record shall be open to public inspection, and such clerk shall, on the first Monday of each month, remit to the commissioner all money, except the recording fees, received by him for such licenses issued during the month preceding and shall also forward to the commissioner copies of all licenses issued during the month preceding. Within fifteen days following the close of each calendar year, the town clerk shall send to the commissioner all license forms, other than lifetime license forms, allotted to him which were not issued and an annual report in such form as is required by the commissioner, accounting for all license forms furnished him by the commissioner, licenses sold by him, licenses voided by him and licenses unused. Such clerks shall be held responsible for the face value of all license forms supplied to them.
(1949 Rev., S. 4872; 1951, S. 2465d; 1967, P.A. 85; 1971, P.A. 872, S. 233; P.A. 77-480; P.A. 78-270, S. 2.)
History: 1967 act required that town clerk keep record of licenses issued "for a period of two years after issuance"; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 77-480 required that clerks remit collected moneys to commissioner rather than to state treasurer; P.A. 78-270 specified that clerk need not return forms for lifetime licenses.

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Sec. 26-37. Duplicate licenses. The commissioner, upon written application and the payment of a fee of five dollars, shall issue to any person licensed to hunt, to hunt and trap or fish, or the combination thereof, a duplicate license when he is satisfied that the original license of such person has been lost, destroyed or mutilated beyond recognition. No such application form shall contain any material false statement. All such application forms shall have printed thereon, "I declare under the penalties of false statement that the statements herein made by me are true and correct." Any person who makes any material false statement on such application form shall be guilty of false statement and shall be subject to the penalties provided for false statement and such offense shall be deemed to have been committed in the town of residence of the applicant, except that in the case of applications received from nonresidents such offense shall be deemed to have been committed in the town in which such application is presented or received for processing. The town clerk certifying such application form shall receive from the total fee herein specified the sum of one dollar.
(1949 Rev., S. 4877; 1957, P.A. 274; 1961, P.A. 138; 1963, P.A. 329, S. 6; 1967, P.A. 244, S. 5; 1971, P.A. 871, S. 104; 872, S. 234; P.A. 85-100, S. 1, 5; Nov. Sp. Sess. P.A. 91-3, S. 12, 21.)
History: 1961 act increased fee for duplicate license from twenty-five cents to one dollar and thirty-five cents and specified that town clerk is to receive thirty-five cents of that amount; 1963 act added reference to combination licenses; 1967 act added reference to separate license for hunting only; 1971 acts substituted false statement and its applicable penalties for perjury and its applicable penalties and replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 85-100 increased the amount of the license fee from one dollar and thirty- five cents to three dollars, and increased the amount that can be retained by the town clerk from thirty-five cents to one dollar; Nov. Sp. Sess. P.A. 91-3 increased the fee for duplicate licenses issued from three to five dollars.

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Sec. 26-38. Hunting by minors. (a) Any person over the age of eighteen years who holds a firearms hunting or archery hunting license may, while hunting with firearms or bows, be accompanied by not more than two minors between the ages of twelve and sixteen years who may hunt with firearms or bows if such minors hold a junior firearms hunting or junior archery hunting license, and provided such person and such minors shall not carry more than one gun or bow each. Such licensee shall be responsible for the observance by such minors of all game laws and regulations made by the commissioner. No provision hereof shall affect the right of persons over the age of eighteen years exempt from license requirements to be accompanied by a minor, provided the other provisions hereof shall be observed.
(b) Any person under sixteen years of age may trap, provided such person has a license to trap and a certificate of competency issued under subsection (a) of section 26-31.
(1949 Rev., S. 4876; 1961, P.A. 133, S. 2; 1963, P.A. 329, S. 7; 1967, P.A. 244, S. 6; 1971, P.A. 872, S. 235; 1972, P.A. 127, S. 54; P.A. 81-298, S. 8, 9; P.A. 82-366, S. 6; P.A. 85-403, S. 1; P.A. 87-180, S. 1.)
History: 1961 act required that minors accompanying adult licensees hold certificates of competency if they intend to hunt; 1963 act replaced reference to hunting license with reference to hunting and trapping license; 1967 act added reference to license for hunting only; 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner; 1972 act substituted "eighteen" for "twenty-one" reflecting changed age of majority; P.A. 81- 298 amended Subsec. (a) by adding one bow to the limit on weapons that can be carried in the presence of a minor and added Subsec. (b) re trapping by persons under sixteen years of age; P.A. 82-366 made technical revisions to Subsec. (a) for consistency with new license categories established by Secs. 26-27, 26-27a and 26-30 specified applicability of per person bag limit for "pheasants" rather than for "game"; P.A. 85-403 amended Subsec. (a) to allow minors their own bag limit; P.A. 87-180 amended Subsec. (a) by increasing the number of minors who may be supervised by an adult from one to two.

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Sec. 26-39. Hunting licenses for owners of packs of dogs. Any hunting organization or individual owning and using for hunting an organized pack of ten or more hounds or beagles may hunt foxes or rabbits for sport during the open season provided therefor, provided such organization or individual shall be licensed to do so. The commissioner may issue such license upon application and the payment of an annual fee of twenty- five dollars. Persons participating in hunting conducted with an organized pack of hounds under such a license shall not be required to have a hunting license. No participant in such hunt shall carry firearms.
(1949 Rev., S. 4878; 1971, P.A. 872, S. 236.)
History: 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner.

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Sec. 26-40. Game breeders license. Possession of skunks or raccoons. No person, association or corporation shall possess more than one live specimen of, breed or propagate any wild game bird or wild game quadruped of the following species without a game breeder's license as provided herein: In the family Anatidae, all ducks, geese and swans; in the family Phasianidae, all quail, partridge and the following strains of pheasant: Blackneck, Chinese, English, Formosan, melanistic mutant and Mongolian or any cross-breeding thereof and for the purpose of section 22-327 all other members of this family shall be classed as domestic fowls; in the family Tetranoidae, the ruffed grouse; in the family Melegrididae, turkeys except domestic strains; in the family Cervidae, the sika and white tail deer; in the family Procyonidae, the raccoon; in the family Mustelidae, the otter; in the family Castoridae, the beaver; and in the family Leporidae, all species except domestic strains. The commissioner, upon written application and the payment of a fee of fifteen dollars, may license any person, association or corporation to possess, breed, propagate and sell any birds or mammals specified in this section. Such license shall be annual and nontransferable and shall expire on the thirty-first day of December after its issuance. The commissioner may adopt regulations concerning the granting of such licenses and the sale, propagation and transportation of birds or mammals specified in this section propagated and possessed by any such licensee. All applications for such licenses shall be upon blanks prepared and furnished by the commissioner. Any person, association or corporation, licensed under the provisions of this section, shall keep a record of all birds or mammals specified in this section which are sold, transported or propagated by such licensee, whether the same are sold dead or alive, and shall report to the commissioner not later than the January thirty-first of the year following the expiration of the license period. Such report shall contain the number of birds and mammals procured, possessed and propagated and the name of each person to whom any such sale has been made and the date of such sale or transportation. Each package containing birds or mammals specified in this section, or any part thereof, so propagated or possessed and offered for transportation shall be plainly labeled with the name and license number of the licensee offering the same for transportation, the name of the consignee and a statement of the contents of such package. Any license granted under the provisions of this section may be revoked by the commissioner. No person, association or corporation may breed, propagate or sell any skunk or raccoon, except that such animals, with the approval of the commissioner may be kept in a zoo, nature center, museum, laboratory or research facility maintained by a scientific or educational institution. In no instance shall such animals be accessible to handling by the general public. No person may possess any skunk purchased in any Connecticut retail establishment after May 1, 1979, or any raccoon purchased after October 1, 1985. Any person, association or corporation which violates any provision of this section or any regulation issued by the commissioner pursuant thereto shall be fined not more than ninety dollars for each offense.
(1949 Rev., S. 4879; 1967, P.A. 343, S. 1; 1971, P.A. 872, S. 237; P.A. 80-460, S. 1, 2; P.A. 82-91, S. 19, 38; P.A. 85- 99; 85-100, S. 2; Nov. Sp. Sess. P.A. 91-3, S. 13, 21.)
History: 1967 act clarified provisions by allowing possession of one live specimen, by specifically listing birds and mammals to which provisions apply and by specifying that fine applies to each offense, increased license fee from two to four dollars, deleted requirement that board provide licensees with tags or markers and extended deadline for report from the expiration of the license period to "not later than the January thirty-first of the year following the expiration of the license period"; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner and deleted provision which had required that fees be remitted to state treasurer; P.A. 80-460 added detailed provisions re skunks and deleted it from list of animals which may not be propagated by persons without licenses; P.A. 82-91 increased license fee from $4.00 to $10.00; P.A. 85-99 added detailed provision re raccoons and reduced fine from one hundred to ninety dollars; P.A. 85-100 made a technical change and added the sika deer to the list of controlled species; Nov. Sp. Sess. P.A. 91-3 increased the fee for a game breeder's license from ten to fifteen dollars.
Cited. 139 C. 628.

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Sec. 26-40a. Possession of potentially dangerous animals. For the purposes of this section, the following shall be considered as potentially dangerous animals: The felidae, including the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx and bobcat; the canidae, including the wolf and coyote; and the ursidae, including the black bear, grizzly bear and brown bear. No person shall possess a potentially dangerous animal. Any such animal illegally possessed may be ordered seized and may be disposed of as determined by the Commissioner of Environmental Protection. Any person who violates any provision of this section shall be fined not more than one hundred dollars for each offense. The provisions of this section shall not apply to municipal parks, zoos and nature centers, or museums, laboratories and research facilities maintained by scientific or educational institutions; to a person possessing a Bengal cat certified by an internationally recognized multiple-cat domestic feline breeding association as being without wild parentage for a minimum of four prior generations which cat was registered with the Commissioner of Agriculture on or before October 1, 1996, provided no such cat may be imported into this state after June 6, 1996; or to persons possessing animals legally on or before May 23, 1983. In any action taken by any official of the state or any municipality to control rabies, a Bengal cat shall be considered not vaccinated for rabies in accordance with accepted veterinary practice.
(1967, P.A. 344; P.A. 83-191, S. 2, 9; P.A. 96-243, S. 5, 16.)
History: P.A. 83-191 applied provisions to "potentially dangerous" animals rather than to "potentially dangerous wild animals", eliminated municipal authority to issue permits for possession of such animals, transferring authority to seize and dispose of them to environmental protection commissioner, and exempted persons legally in possession of such animals on or before May 23, 1983; P.A. 96-243 added provisions allowing certain Bengal cats to be kept provided they are to be considered not vaccinated, effective June 6, 1996.
Cited. 230 C. 916. Cited. 231 C. 939. Held statute not unconstitutionally vague and list of felidae prohibited by statute not exclusive; judgment of appellate court in State v. DeFrancesco, 34 CA 741, 744, reversed in part. 235 C. 426−430, 432−435, 437, 438, 440−442, 445−448.
Statute not unconstitutionally vague as applied to hybrid bobcat; statute is unconstitutionally vague as applied to jungle cat and bengal cat. 34 CA 741−745, 748; judgment reversed in part, see 235 C. 426 et seq.

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Sec. 26-40b. Animals, the skin or body of which is not to be sold. Section 26- 40b is repealed.
(1971, P.A. 107, S. 1, 2; P.A. 73-445, S. 7.)

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Sec. 26-40c. Search and seizure. Any officer or agent authorized by the Commissioner of Environmental Protection or any state police officer or any police officer of any town shall have authority to execute any warrant to search for and seize any goods, merchandise or any threatened or endangered species possessed, sold or offered for sale in violation of section 26-311 or any property or item used in connection with a violation of said section. Such goods, merchandise, threatened or endangered species or property shall be held pending proceedings in any court of proper jurisdiction. Upon the conviction of any person charged with a violation of section 26-311 the goods, merchandise or threatened or endangered species seized in connection therewith under the provisions of this section shall be forfeited and retained by the commissioner or offered to a recognized institution for scientific or educational purposes, or destroyed. All costs incurred by the state shall be assessed against the violator.
(1971, P.A. 107, S. 3; June, 1971, P.A. 1, S. 6; P.A. 73-445, S. 4; P.A. 85-104, S. 1; P.A. 89-224, S. 15, 22.)
History: June, 1971 act replaced incorrect reference to commissioner of agriculture and natural resources with reference to commissioner of environmental protection; P.A. 73-445 substituted "rare or endangered species" for "wild animal" and "subsection (b) of section 26-40e" for "subsection (a) of section 26-40b"; P.A. 85-104 substituted references to "threatened" species for references to "rare" species; P.A. 89-224 added references to Sec. 26-311, removed obsolete language, added the alternative that seized goods, merchandise or species be retained by the commissioner and added the provision that costs incurred by the state be assessed against the violator.

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Sec. 26-40d. Exceptions. The commissioner may permit, under such regulations as he may adopt in accordance with the provisions of chapter 54, the transfer, sale, offering for sale, or delivery of any threatened or endangered species or any activity otherwise prohibited under sections 26-303 to 26-312, inclusive, for scientific, educational, biological or zoological purposes, and for the propagation of threatened and endangered species in captivity for preservation purposes, unless such transfer, sale, offering for sale, delivery or activity is prohibited by any federal law or regulation.
(1971, P.A. 107, S. 4; June, 1971, P.A. 1, S. 7; P.A. 73-445, S. 5; P.A. 74-338, S. 66, 94; P.A. 85-104, S. 2; P.A. 89- 224, S. 16, 22.)
History: June, 1971 act replaced incorrect reference to commissioner of agriculture and natural resources with reference to commissioner of environmental protection; P.A. 73-445 substituted "rare or endangered species" for "wild animal" and "subsection (c) of section 26-40e" for "subsection (a) of section 26-40b"; P.A. 74-338 substituted "chapter 54" for "sections 4-41 to 4-50, inclusive"; P.A. 85-104 substituted references to "threatened" species for references to "rare" species and made other minor changes; P.A. 89-224 added language pertaining to activities otherwise prohibited under chapter 495, removed obsolete language and made technical changes.

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Sec. 26-40e. Killing, possession and sale of endangered and threatened species. Section 26-40e is repealed.
(P.A. 73-445, S. 1−3; P.A. 79-354, S. 1, 2; P.A. 85-104, S. 3; P.A. 89-224, S. 21, 22.)

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Sec. 26-40f. Penalty. Any person who commits, takes part in or assists in violating section 26-40c, 26-40d or section 26-311 or the regulations adopted pursuant to said sections shall be fined not more than one thousand dollars or imprisoned not more than six months or both for each offense. Any employer requiring or encouraging its employees to violate said sections shall be fined not more than ten thousand dollars or imprisoned not more than one year or both. The taking of each endangered or threatened plant or wildlife species or specimen or part thereof shall be deemed to be a separate offense.
(P.A. 73-445, S. 6; P.A. 85-104, S. 4; P.A. 89-224, S. 17, 22.)
History: P.A. 85-104 substituted references to "threatened" species for "rare" species; P.A. 89-224 added reference to Sec. 26-311 and regulations and made technical changes.

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Sec. 26-41. Transferred to Chapter 422, Sec. 22-12b.

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Sec. 26-42. Licensing of raw fur dealers. Inspection. Regulations. (a) No person shall engage in the business of buying raw furs produced in this state without obtaining a license from the commissioner. Such license shall be nontransferable and shall expire on June thirtieth next succeeding its issuance. Any license issued in accordance with the provisions of this section may be revoked for failure of the licensee to report the activities engaged in under the license to the commissioner. Activities shall be reported in a manner and at a time specified by the commissioner. Any conservation officer, special conservation officer or recreation officer may examine and inspect any premises used by or records maintained by any person pursuant to a license issued under this section. Notwithstanding any provision of section 1-210 to the contrary, no person shall obtain, attempt to obtain or release to any person or government agency any identifiable individual record of, or information derived from, any report submitted in accordance with the provisions of this section or submitted voluntarily upon request of the commissioner without the consent of the person making the report, except that the commissioner may authorize the release of such information for the purposes of wildlife research, management or development. The fees for such licenses shall be as follows: For each nonresident, or resident, thirty dollars, and for each authorized agent of a licensed resident fur buyer, twenty dollars.
(b) The commissioner may adopt regulations in accordance with the provisions of chapter 54 concerning the buying and selling of raw furs. Such regulations may establish (1) procedures for recording and reporting transactions involving raw furs and (2) tagging requirements for buying and selling raw furs.
(c) Any person who violates any provision of this section shall be fined not less than one hundred dollars nor more than two hundred fifty dollars or imprisoned not more than ten days or be both fined and imprisoned.
(1949 Rev., S. 4880; 1959, P.A. 398, S. 7; 1971, P.A. 872, S. 238; P.A. 82-91, S. 20, 38; P.A. 83-191, S. 3, 9; 83-587, S. 81, 96; P.A. 85-403, S. 2; P.A. 86-111, S. 1; Nov. Sp. Sess. P.A. 91-3, S. 14, 21.)
History: 1959 act increased fees for residents from five to fifteen dollars and for authorized agent of resident fur buyers from two to ten dollars and required that proceeds from license fees be deposited in general fund rather than game fund; 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner and deleted provision requiring deposit of money received in general fund; P.A. 82-91 increased nonresident license fee from $75 to $150; increased resident license fee from $15 to $30 and increased license fee for agent of licensed resident from $10 to $20; P.A. 83-191 amended Subsec. (a) by authorizing the commissioner to revoke a raw fur dealer license for failure to report license activities and made June 30, rather than December 31, the license renewal date for consistency with the state fiscal year; P.A. 83-587 clarified that licenses issued in 1983 are valid until July 1, 1984; P.A. 85-403 amended Subsec. (a) to allow inspection of the premises of a raw fur dealer, inserted new Subsec. (b) to require the commissioner to adopt regulations re the buying and selling of raw furs relettering former Subsec. (b) accordingly; P.A. 86-111 amended Subsec. (a) by adding provision re confidentiality of information contained in reports; Nov. Sp. Sess. P.A. 91-3 reduced the fee for a nonresident raw fur dealer's license from one hundred fifty to thirty dollars.

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Sec. 26-43. Sale of raw furs to unlicensed nonresident dealer. Any licensed resident fur dealer or any other person who sells raw furs to any unlicensed nonresident fur dealer while within the boundaries of this state or who aids such unlicensed nonresident dealer, while within the boundaries of this state, in buying raw furs shall be fined not less than one hundred dollars nor more than two hundred and fifty dollars or be imprisoned not more than ten days or be both fined and imprisoned, and such licensed resident fur dealer shall forfeit his fur dealer's license for one year from the date of his conviction.
(1949 Rev., S. 4881.)

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Sec. 26-44. Licensing of ferrets. Section 26-44 is repealed.
(1949 Rev., S. 4882; 1971, P.A. 872, S. 239; P.A. 85-100, S. 4.)

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Sec. 26-45. Bait dealer's license. No person shall possess for the purpose of sale, sell or offer for sale any bait species without first obtaining a bait dealer's license from the commissioner, provided the provisions hereof shall not apply to persons issued a commercial hatchery license under section 26-149. Application forms for such license shall be furnished by the commissioner. Such license shall be nontransferable. The fee for each such license shall be twenty dollars annually. Each such license shall expire on the last day of December next after issuance. Each such licensed bait dealer may possess and sell only such bait species as shall be authorized under regulations issued by the commissioner, provided live carp and goldfish shall not be possessed for any purpose on premises used by licensed bait dealers. Each such licensee shall keep such records relating to the operation of such business as the commissioner determines on forms furnished by the commissioner and shall file such report with the commissioner within thirty days after the expiration of such license. No such report shall contain any material false statement. Failure to file such report shall be a violation of this section and the commissioner may refuse to reissue such license until the licensee complies with this requirement. Representatives of the commissioner may enter upon the premises of bait dealers at any time to inspect required records and the bait species possessed and to detect violations of this section and regulations issued hereunder by the commissioner, and such representatives may confiscate and dispose of any fish illegally possessed. Any person who violates any provision of this section or any such regulation issued by the commissioner shall be fined not less than ten dollars nor more than one hundred dollars or be imprisoned not more than thirty days or both.
(1957, P.A. 338, S. 1; 1959, P.A. 398, S. 8; 1971, P.A. 872, S. 240; P.A. 82-91, S. 21, 38; Nov. Sp. Sess. P.A. 91-3, S. 15, 21.)
History: 1959 act increased license fee from two to five dollars and required that fees collected be deposited in general fund rather than in fish fund; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 82-91 increased license fee from five to ten dollars; Nov. Sp. Sess. P.A. 91-3 increased the fee for a bait dealer's license from ten to twenty dollars.

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Sec. 26-46. Reciprocal fishing privileges in borderline waters. If and when the state of New York, the state of Massachusetts or the state of Rhode Island enacts a similar law granting reciprocal privileges to residents of this state, any person who holds a license to fish in the state of New York, the state of Massachusetts or the state of Rhode Island may fish in waters lying partly in this state and partly in such adjoining state, or in such waters as negotiated by the Commissioner of Environmental Protection of this state and any similar authority in such adjoining state, without a nonresident license to fish as required by this chapter; provided such nonresidents shall be subject to all other provisions of the statutes and the regulations of the commissioner relating to fishing in lakes and ponds.
(1957, P.A. 318, S. 1; 1971, P.A. 872, S. 241.)
History: 1971 act replaced references to board and its director with references to environmental protection commissioner.

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Sec. 26-47. Permits to take wildlife damaging crops. License to control nuisance wildlife. (a) When it is shown to the satisfaction of the commissioner that wildlife is causing unreasonable damage to agricultural crops during the night and it is found by the commissioner that control of such damage by wildlife is impracticable during the daylight hours, the commissioner may issue permits for the taking of such wildlife as he deems necessary to control such damage by such method as he determines, including the use of lights, during the period between sunset and sunrise, upon written application of the owner or lessee of record of the land on which such crops are grown. Such permits may be issued to any qualified person designated by such landowner or lessee. The person to whom such permit is issued shall be held responsible for complying with the conditions under which such permit is issued. The provisions of this section shall not apply to deer.
(b) (1) No person shall engage in the business of controlling nuisance wildlife, other than rats or mice, without obtaining a license from the commissioner. Such license shall expire on the last day of December next succeeding its issuance. The fee for such license shall be fifty dollars. The controlling of nuisance wildlife at the direction of the commissioner shall not constitute engaging in the business of controlling nuisance wildlife for the purposes of this section. No person shall be licensed under this subsection unless he provides evidence, satisfactory to the commissioner, that he has completed training which included instruction in site evaluation, methods of nonlethal and approved lethal resolution of common nuisance wildlife problems, techniques to prevent reoccurrence of such problems and humane capture, handling and euthanasia of nuisance wildlife and instruction in methods of nonlethal resolution of common nuisance wildlife problems, including, but not limited to, training regarding frightening devices, repellants, one-way door exclusion and other exclusion methods, habitat modification and live-trapping and releasing and other methods as the commissioner may deem appropriate. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 which (A) define the scope and methods for controlling nuisance wildlife provided such regulations shall incorporate the recommendations of the 1993 report of the American Veterinary Medical Association panel on euthanasia and further provided such regulations may provide for the use of specific alternatives to such recommendations only in specified circumstances where use of a method of killing approved by such association would involve an imminent threat to human health or safety and only if such alternatives are designed to kill the animal as quickly and painlessly as practicable while protecting human health and safety, and (B) establish criteria and procedures for issuance of a license.
(2) Except as otherwise provided in regulations adopted under this section, no person licensed under this subsection may kill any animal by any method which does not conform to the recommendations of the 1993 report of the American Veterinary Medical Association panel on euthanasia. No person may advertise any services relating to humane capture or relocation of wildlife unless all methods employed in such services conform to such regulations.
(3) Any person licensed under this subsection shall provide all clients with a written statement approved by the commissioner regarding approved lethal and nonlethal options, as provided in this subsection, which are available to the client for resolution of common nuisance problems. If a written statement cannot be delivered to the client prior to services being rendered, the licensee shall leave the statement at the job site or other location arranged with the client.
(4) On or before February first of each year, each person licensed under this subsection shall submit a report to the commissioner which specifies the means utilized in each case of nuisance wildlife control service provided in the preceding calendar year including any method used in those cases where an animal was killed. Any information included in such report which identifies a client of such person or the client's street address may be released by the commissioner only pursuant to an investigation related to enforcement of this section.
(c) Any person who violates any provision of this section, or any condition under which a permit or license is issued, shall be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned not more than sixty days or be both fined and imprisoned; and any permit or license issued to such person, and all other such permits or licenses issued to any other person for such property, shall be revoked by the commissioner and the right to obtain such permit or license shall remain suspended for such period of time as the commissioner determines.
(d) Any permit or license issued under this section shall not authorize the taking of deer.
(1957, P.A. 497; 1971, P.A. 872, S. 242; P.A. 85-100, S. 3; P.A. 97-255; P.A. 98-199, S. 1, 2.)
History: 1971 act replaced references to director of board of fisheries and game with references to environmental protection commissioner; P.A. 85-100 added provisions re license for controlling nuisance wildlife and specifying that issuance of license or permit does not authorize taking of deer and divided section into Subsecs.; P.A. 97-255 amended Subsec. (b) to provide for training requirements for wildlife control licensees, criteria for determining methods for the control of nuisance wildlife, conditions governing certain methods, options to be provided to clients of such licensees and reporting requirements re methods of control used by such licensees; P.A. 98-199 amended Subsec. (b) to add training in nonlethal resolution of nuisance wildlife problems and to require that if statement of control options cannot be provided to clients before services are rendered that statement be left at job site or agreed upon location, effective July 1, 1998.
See Sec. 26-82 re regulation of killing of deer.

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Sec. 26-47a. Use of noise-making devices to repel marauding birds and wildlife. Section 26-47a is repealed, effective July 1, 1993.
(1967, P.A. 599, S. 1; 1971, P.A. 872, S. 243; P.A. 73-16, S. 1, 2; P.A. 93-222, S. 2, 3.)

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Sec. 26-48. Private shooting preserves; permits; regulations. The commissioner may issue permits authorizing the establishment and operation of regulated private shooting preserves when in his judgment such preserves will not conflict with any reasonable prior public interest. The fee for such permit shall be thirty-five dollars per season. A hunting license shall not be required to hunt on such private shooting preserves. The commissioner shall govern and prescribe by regulations the size of the preserves, the methods of hunting, the species and sex of birds that may be taken, the open and closed seasons, the tagging of birds with tags furnished by the commissioner at a reasonable fee and the releasing, possession and use of legally propagated game birds thereon; and may require such reports as the commissioner deems necessary concerning the operation of such preserves. Any permit issued under the provisions of this section may be revoked for a violation of any provision of this chapter or for a violation of any regulation made by the commissioner relating to private shooting preserves.
(1949, 1955, S. 2469d; 1971, P.A. 872, S. 244; P.A. 82-91, S. 22, 38; Nov. Sp. Sess. P.A. 91-3, S. 16, 21.)
History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 82-91 increased permit fee from ten to twenty-five dollars; Nov. Sp. Sess. P.A. 91-3 increased the fee for permits authorizing the operation of private shooting preserves from twenty-five to thirty-five dollars.
See Sec. 26-73 prohibiting hunting on Sunday.

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Sec. 26-48a. Management of salmon, pheasant, turkey and migratory game birds. Issuance of permits, tags or stamps. (a) The commissioner may establish, by regulations adopted in accordance with the provisions of chapter 54, standards for the management of salmon, migratory game birds in accordance with section 26-92, pheasant and turkey which shall include provision for the issuance of permits, tags or stamps. The commissioner may charge a fee for a permit, tag or stamp as follows: Not more than ten dollars for turkey; not more than two dollars for migratory game birds; not more than ten dollars for pheasant and not more than twenty dollars for salmon. No person shall be issued a permit, tag or stamp for migratory birds, pheasant or turkey without first obtaining a license to hunt and no person shall be issued a permit, tag or stamp for salmon without first obtaining a license to fish. Notwithstanding any provision of any regulation to the contrary, the commissioner may charge a fee of ten dollars for the issuance of a permit to hunt wild turkey on state-owned or private land during the fall season.
(b) Such permits, tags or stamps shall be issued to qualified applicants by any town clerk. Application for such permits, tags or stamps shall be on such form and require of the applicant such information as the commissioner may prescribe. The commissioner may adopt regulations in accordance with the provisions of chapter 54 authorizing a town clerk to retain part of any fee paid for a permit, tag or stamp issued by such town clerk pursuant to this section, provided the amount retained shall not be less than fifty cents.
(P.A. 82-91, S. 30, 38; P.A. 85-403, S. 3, 4; P.A. 89-351, S. 1, 11; Nov. Sp. Sess. P.A. 91-3, S. 4, 21; P.A. 97-250, S. 10.)
History: P.A. 85-403 added Subsec. (b) authorizing town clerks to issue permits, tags or stamps; P.A. 89-351 increased maximum fee for permit, tag or stamp for pheasant from five to ten dollars; Nov. Sp. Sess. P.A. 91-3 amended Subsec. (a) to provide for the issuance of a permit to hunt wild turkey and for a fee for such permit of ten dollars; P.A. 97-250 amended Subsec. (a) to provide for regulations to manage migratory birds and for a fee for a permit, stamp or tag for taking of migratory birds and amended Subsec. (b) to authorize the commissioner to require information from an applicant for permits, stamps or tags under this section.

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Sec. 26-49. Training of hunting dogs. Permits for liberation of artificially propagated birds. (a) Any person holding a valid hunting license issued as provided for under section 26-27 is authorized to train hunting dogs in the field during any closed season, except during any period when the woods and fields are closed by proclamation issued by the commissioner because of forest fire hazard, under regulations issued by the commissioner.
(b) Said commissioner may authorize the establishment and operation of regulated hunting dog-training areas and may issue to any person holding a private shooting preserve permit, as provided for under section 26-48, or to any established game breeder holding a game breeder's license, as provided for under section 26-40, or to any person holding a commercial kennel license, as provided for under section 22-342, a permit, which shall expire on June thirtieth next after issuance and for which a fee of ten dollars shall be charged, authorizing the liberation of artificially propagated game birds and pigeons, legally possessed and suitably tagged with tags furnished by the commissioner, for which a reasonable fee may be charged, and the subsequent shooting of such game birds and pigeons by persons authorized by any such permittee, in connection with the training of hunting dogs only, at any time, including Sunday; provided permission to shoot on Sunday on the area specified in the permit shall have the approval of the proper authorities of the town or towns in which such dog-training area is located and shall apply only to the period from sunrise to sunset.
(c) A hunting license shall be required of all persons authorized by any such permittee to train any dog on any such regulated dog-training area, whether or not birds are to be shot.
(d) The commissioner may, by regulation, govern and prescribe the size and the location of any such dog-training area, the number of birds that may be released in ratio to the number of participants or the number of dogs being trained, the method of liberation and retrapping of pen raised birds, the species, sex and condition of such birds that may be liberated and shot, the method of tagging such birds, the posting of such area and the method of reporting all such activities.
(e) Any such permit may be revoked at any time by the commissioner for a violation of any provision of this section or any regulation issued by the commissioner under the provisions of this section, for a period of not more than one year.
(f) Any person who violates any provision of this section or any regulation issued by the commissioner hereunder shall be fined not less than twenty-five nor more than one hundred dollars.
(1949 Rev., S. 4857; 1957, P.A. 487, S. 1; 1959, P.A. 398, S. 9; 1971, P.A. 872, S. 245; P.A. 73-21, S. 1, 2; Nov. Sp. Sess. P.A. 91-3, S. 5, 21.)
History: 1959 act required that fees be deposited in general fund rather than game fund in Subsec. (b); 1971 act transferred power to close woods and fields because of forest fire hazard from governor to environmental protection commissioner and replaced references to board of fisheries and game with references to commissioner; P.A. 73-21 specified that commissioner has power to regulate "retrapping of pen raised birds" under Subsec. (d); Nov. Sp. Sess. P.A. 91-3 amended Subsec. (b) to increase the permit fee for hunting dog training from five to ten dollars and to delete a provision requiring fees received under this section to be deposited in the general fund.
See chapter 54 re uniform administrative procedure.

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Sec. 26-50. Permits for training hunting dogs using liberated pheasants. Section 26-50 is repealed.
(1957, P.A. 409; 1971, P.A. 872, S. 246; P.A. 83-191, S. 8, 9.)

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Sec. 26-51. Permits for field dog trials. Fee. The commissioner may, upon application and payment of a fee of five dollars, issue to any responsible person or organization a permit to hold a field dog trial subject to such regulations as he may prescribe. Any such permit may be revoked by the commissioner at any time.
(1949 Rev., S. 4858; 1971, P.A. 872, S. 247; Nov. Sp. Sess. P.A. 91-3, S. 6, 21.)
History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; Nov. Sp. Sess. P.A. 91-3 amended section to require a fee of five dollars for a permit.

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Sec. 26-52. Permits for shooting birds liberated at field dog trials. Fees. The commissioner may issue to any responsible person or authorized field trial group a permit to hold field dog trials, on land approved by the commissioner as suitable for the purpose, at any time, including Sunday, during daylight hours, at which liberated game birds, waterfowl and pigeons legally possessed may be shot. All such game birds shall, immediately after being shot, be tagged with tags furnished by the commissioner, for which a reasonable fee may be charged. Such game birds so tagged may be possessed, transported, bought and sold at any time. Tags shall not be removed from such game birds until such time as such birds are finally prepared for consumption. The commissioner may, by regulation, govern and prescribe the minimum number of such birds that shall be released, the method of liberating and the method of taking such birds, the species and sex of such birds that may be shot, locations where such field dog trials may be held, periods of the year when such field dog trials may be held, the maximum number of such field dog trials that shall be sponsored or conducted by an individual or group during the period from July first to June thirtieth and the method of reporting all such activities. Notwithstanding the provision of any regulation to the contrary, the fee for a permit to hold a field dog trial on state-owned land shall be twenty dollars and the fee for a permit to hold a field dog trial on private land shall be ten dollars.
(1949, S. 2450d; 1971, P.A. 872, S. 248; P.A. 73-24, S. 1, 2; Nov. Sp. Sess. P.A. 91-3, S. 7, 21.)
History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 73-24 specified that commissioner has power to dictate the method of reporting activities within the scope of his power; Nov. Sp. Sess. P.A. 91-3 amended section to require a fee of ten dollars for a permit issued for a field dog trial held on private land and a fee of twenty dollars for a permit issued for a field dog trial held on state land.
See chapter 54 re uniform administrative procedure.

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Sec. 26-53. Hunting licenses not required at field trials. A hunting license shall not be required for any person at any field trial under the supervision and regulation of the commissioner.
(1949 Rev., S. 4875; 1971, P.A. 872, S. 249.)
History: 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner.

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Sec. 26-54. Permits for custodians of protected birds and quadrupeds. The commissioner may appoint as custodians persons who may have in their possession injured, sick or immature birds or quadrupeds until such time as they can be released, and he may issue permits without fee authorizing possession of legally acquired wild birds or quadrupeds as pets or for the purpose of training dogs. The commissioner may regulate the number and species of birds or animals to be held under such permits and the type and size of pens used in their confinement and their care and feeding. The commissioner, in the interest of protecting other game, domestic birds or quadrupeds or the public health and safety, or for a violation of any regulation under which the permit was granted, may revoke such permit and may confiscate birds or animals possessed by the permittee and may destroy such birds or animals when, in his opinion, such action is advisable. Such permits shall expire December thirty-first of each year and may be renewed each year. The commissioner may require such annual reports from such permittees as he deems advisable. Any person who possesses any such bird or quadruped for any of such purposes unless so authorized by the commissioner shall be fined not more than one hundred dollars.
(1949 Rev., S. 4860; 1953, S. 2452d; 1971, P.A. 872, S. 250; P.A. 73-20, S. 1, 2.)
History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 73-20 substituted "game birds" for "wild birds".

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Sec. 26-55. Permit for importing, possessing or liberating fish, wild birds, wild quadrupeds, reptiles and amphibians. No person shall import or introduce into the state, or possess or liberate therein, any live fish, wild bird, wild quadruped, reptile or amphibian unless such person has obtained a permit therefor from the commissioner. Such permit may be issued at the discretion of the commissioner under such regulations as he may prescribe. The commissioner may by regulation prescribe the numbers of live fish, wild birds, wild quadrupeds, reptiles and amphibians of certain species which may be imported, possessed, introduced into the state or liberated therein. The commissioner may by regulation exempt certain species or groups of live fish from the permit requirements. He may by regulation determine which species of wild birds, wild quadrupeds, reptiles and amphibians must meet permit requirements. He may totally prohibit the importation, possession, introduction into the state or liberation therein of certain species which he has determined may be a potential threat to humans, agricultural crops or established species of plants, fish, birds, quadrupeds, reptiles or amphibians. The commissioner may by regulation exempt from permit requirements organizations or institutions such as zoos, research laboratories, colleges or universities, public nonprofit aquaria or nature centers where live fish, wild birds, wild quadrupeds, reptiles and amphibians are held in strict confinement. Any such fish, bird, quadruped, reptile or amphibian illegally imported into the state or illegally possessed therein shall be seized by any representative of the Department of Environmental Protection and shall be disposed of as determined by the commissioner. Any person, except as provided in section 26- 55a, who violates any provision of this section or any regulation issued by the commissioner as herein provided shall be guilty of an infraction. Importation, liberation or possession of each fish, wild bird, wild quadruped, reptile or amphibian in violation of this section or such regulation shall be a separate and distinct offense and, in the case of a continuing violation each day of continuance thereof shall be deemed to be a separate and distinct offense.
(1949 Rev., S. 4861; 1955, S. 2453d; 1967, P.A. 169; 1971, P.A. 174; 872, S. 251; P.A. 77-109, S. 1, 2; P.A. 85-53, S. 4; P.A. 89-218, S. 1, 3.)
History: 1967 act specifically listed wild quadrupeds to which prohibition applies and added exception for municipal parks, zoos, nature centers, etc.; 1971 acts required that imported fish, birds and quadrupeds or their progeny not be exported, sold, exchanged, given away or liberated without board's approval and later replaced references to board of fisheries and game with references to environmental protection commissioner and department; P.A. 77-109 replaced listing of specific quadrupeds with general reference, required that permits for possession of potentially dangerous wild animals be issued pursuant to Sec. 26-40a and added provisions detailing commissioner's regulatory power, deleting exception re parks, zoos, nature centers, etc. now incorporated under regulatory provisions; P.A. 85-53 applied provisions of section to reptiles or amphibians and deleted reference to issuance of permits for possession of "potentially dangerous wild animals" under Sec. 26-40a; P.A. 89-218 added exception for Sec. 26-55a and removed language concerning fine and imprisonment and substituted language on infraction and on separate and continuing offenses.
Cited. 235 C. 426, 431, 440.
Cited. 34 CA 741, 748; judgment reversed in part, see 235 C. 426 et seq.

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Sec. 26-55a. Possession of diploid grass carp. (a) Any person who possesses diploid grass carp in violation of section 26-55 and the regulations adopted under said section, and who submits written notice of such possession to the Department of Environmental Protection, not later than January 1, 1990, shall not be subject to the penalty provided in said section 26-55.
(b) The department shall evaluate each site where diploid grass carp are present.
(c) The department shall allow diploid grass carp present in Connecticut on June 6, 1989, to remain, provided such carp are in a contained environment. As used in this subsection, "contained environment" means a lake or pond that has no outlet or whose outlet is screened or otherwise controlled to prevent the migration of fish.
(d) The department shall publicize the statutes and regulations pertaining to the importation, possession and liberation of diploid grass carp into the state.
(P.A. 89-218, S. 2, 3.)

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Sec. 26-56. Permits for importation of wild hares or rabbits. No person shall transport into this state any wild hare or rabbit or liberate in this state any such animal which has been so transported, without a permit from the commissioner, except that wild hares known as snowshoe rabbits or variant hares may be imported without a permit from any of the New England states or the Province of Quebec or the maritime provinces of Canada and liberated in this state, subject to regulations issued by the commissioner, any statute to the contrary notwithstanding. The commissioner may quarantine, confiscate, destroy or otherwise dispose of any wild hare or rabbit other than a snow shoe rabbit or variant hare imported into this state and may make regulations as to importation and liberation of any such animal. Any person who violates any provision of this section or any regulation made under any such provision shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.
(1949 Rev., S. 4864; 1957, P.A. 393; 1971, P.A. 872, S. 252.)
History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner.

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Sec. 26-57. Permits for transportation and exportation of fish, birds, quadrupeds, reptiles and amphibians. No person shall transport within the state or transport out of the state any fish, bird, quadruped, reptile or amphibian for which a closed season is provided without a permit from the commissioner, except as provided herein. The commissioner may issue a permit to any person to transport within the state or to transport out of the state any fish, bird, quadruped, reptile or amphibian protected under the provisions of this chapter under such regulations as he may prescribe. No fish, bird, quadruped, reptile or amphibian shall be transported out of the state unless each unit, package or container is conspicuously tagged or labeled, and such tag or label contains in legible writing the full name and address of the person legally authorized to transport out of the state such fish, bird, quadruped, reptile or amphibian. Any such fish, bird, quadruped, reptile or amphibian received by any person or by any common carrier within the state, addressed for shipment to any point without the state and not having such tag or label conspicuously attached shall be prima facie evidence of a violation of the provisions of this section. A permit shall not be required to transport within the state or to transport out of the state any fish, bird, quadruped, reptile or amphibian which has been legally taken, bred, propagated or possessed by a person to whom a license, registration or permit has been issued under the provisions of this chapter authorizing the taking, breeding, propagating or possessing of fish, birds, quadrupeds, reptiles or amphibians, and no permit shall be required to transport within the state or to transport out of the state any fish, bird, quadruped, reptile or amphibian that has been legally taken or acquired by a person exempt from license requirements under the provisions of this chapter. Any person who violates any provision of this section shall be fined not less than ten dollars nor more than two hundred dollars or imprisoned not more than sixty days or be both fined and imprisoned.
(1949 Rev., S. 4892, 4897; 1957, P.A. 277; 1971, P.A. 872, S. 253; P.A. 85-53, S. 5.)
History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 85-53 applied provisions of section to reptiles and amphibians.
Killing for purpose of transporting and having in possession with intent to transport are distinct offenses; this section is not in restraint of interstate commerce. 61 C. 144; 161 U. S. 519.

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Sec. 26-58. Taxidermist's license. (a) No person shall practice taxidermy for profit unless he has obtained a license from the commissioner. The commissioner may, upon the application of any citizen of this state, accompanied by payment of a fee of sixty dollars, issue to such person a license to practice taxidermy, which license shall expire on December thirty-first next following the date of issue. Any such licensee shall permit, at any time, any law enforcement officer to examine and inspect any premises used by him for the practice of taxidermy. Such licensee may receive any bird or animal legally killed in this state or any bird or animal legally killed and imported into this state, for the purpose of tanning, curing or mounting the same, and the provisions of section 26-76 shall not apply to such person. Each licensee shall make an annual report to the commissioner, containing such information as he requires.
(b) Any person who violates any provision of subsection (a) of this section shall be fined not less than one dollar nor more than one hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned.
(c) The license of any person to practice taxidermy may be revoked or suspended at any time for cause by the commissioner.
(1949 Rev., S. 4672−4674; 1959, P.A. 398, S. 10; 1971, P.A. 872, S. 254; P.A. 82-91, S. 23, 38; Nov. Sp. Sess. P.A. 91-3, S. 17, 21.)
History: 1959 act increased license fee from five to fifteen dollars; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 82-91 increased license fee from fifteen to fifty dollars; Nov. Sp. Sess. P.A. 91-3 amended Subsec. (a) to increase the fee for a taxidermist's license from fifty to sixty dollars.

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Sec. 26-59. Regulation of tanning, curing and mounting; permits. The commissioner may make regulations governing the tanning, curing and mounting of all species of wild birds, wild quadrupeds, reptiles and amphibians, including the issuance of permits therefor. All applications for such a permit shall contain such information, in writing, as the commissioner requires. Any person who possesses any such bird, quadruped, reptile or amphibian for any such purpose unless so authorized by the commissioner shall be fined not less than fifty dollars nor more than one hundred dollars and any such bird, quadruped, reptile or amphibian shall be seized by any representative of the Department of Environmental Protection and shall be disposed of as shall be determined by the commissioner.
(1953, 1955, S. 2455d; 1957, P.A. 273; 1971, P.A. 872, S. 255; P.A. 85-53, S. 6; P.A. 95-119, S. 3.)
History: 1971 act substituted references to commissioner and department of environmental protection for references to board of fisheries and game; P.A. 85-53 added reptiles and amphibians to the list of animals that may be regulated by the commissioner; P.A. 95-119 provided a minimum fine of fifty dollars for violation of section.

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Sec. 26-60. Permits to collect certain wildlife for scientific and educational purposes. Fee. The commissioner may grant to any properly accredited person not less than eighteen years of age, upon written application, a permit to collect fish, crustaceans and wildlife and their nests and eggs, for scientific and educational purposes only, and not for sale or exchange or shipment from or removal from the state without the consent of the commissioner. The commissioner may determine the number and species of such fish, crustaceans and wildlife and their nests and eggs which may be taken and the area and method of collection of such fish, crustaceans and wildlife under any permit in any year. The permit shall be issued for a term established by the commissioner in accordance with federal regulations and shall not be transferable. The commissioner shall charge an annual fee of ten dollars for such permit. Each person receiving a permit under the provisions of this section shall report to the commissioner on blanks furnished by the commissioner, at or before the expiration of such permit, the detailed results of the collections made thereunder. Any person violating the provisions of this chapter or of the permit held by him shall be subject to the penalties provided in section 26-64, and, upon conviction of such violation, the permit so held by him shall become void.
(1949 Rev., S. 4920; 1957, P.A. 279; 1971, P.A. 872, S. 256; P.A. 73-30, S. 1, 2; P.A. 76-422, S. 1; P.A. 83-191, S. 4, 9; Nov. Sp. Sess. P.A. 91-3, S. 8, 21.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 73-30 specified that collection of wildlife and nests and eggs allowed for educational purposes; P.A. 76- 422 substituted "permit" for "certificate", allowed collection of crustaceans and provided that all permits expire on December thirty-first of the year of issuance rather than one year from date of issuance; P.A. 83-191 extended permit requirements to the collection of fish and authorized the commissioner to determine the duration of the permit and the method of collection; Nov. Sp. Sess. P.A. 91-3 amended section to require a fee of ten dollars for a permit.

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Sec. 26-62. Hunting accidents; suspension of license or privilege to hunt. Any person who, with any weapon or instrument used in hunting, injures or causes the death of any person, or injures or causes the death of any animal other than a wild animal, or damages the property of another, shall be given a hearing by the commissioner, who may, for cause shown, suspend the hunting license or, if no license is held, the privilege of such person to hunt, for such period of time as the commissioner deems advisable. Any such person may apply to the commissioner for the restoration of his hunting privilege and the commissioner shall hear such application and may at his discretion, restore the hunting privilege. Any person whose hunting license is under suspension pursuant to this section shall successfully complete a remedial hunter education course as required under section 26-31 prior to any restoration of his privilege to obtain a hunting license.
(1949, 1953, S. 2470d; 1971, P.A. 872, S. 258; P.A. 97-250, S. 9.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 97-250 added provision re completion of a remedial education course prior to restoration of privilege to obtain hunting license.

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Sec. 26-63. Notice of action on license. Notice of the cancellation, suspension or revocation of any license, registration or permit issued by the commissioner, or the cancellation, suspension or revocation of the privilege to obtain such a license, registration or permit, shall be deemed to have been properly served when such notice is sent to the person so affected by registered or certified mail by the commissioner to the last- known address of record of such person in the office of the commissioner.
(1955, S. 2472d; 1971, P.A. 872, S. 259.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.

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Sec. 26-64. Fine for violations. Any person who violates any provision of this part for which no other penalty is provided shall be fined seventy-seven dollars.
(1949 Rev., S. 4884; 1957, P.A. 444; P.A. 95-119, S. 5.)
History: P.A. 95-119 deleted a provision re making false statements, deleted a provision re imprisonment and set the fine at seventy-seven dollars.
Cited. 6 CS 252.

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PART IV*
HUNTING AND TRAPPING

*Conflict between municipal hunting ordinance and board regulation resolved in favor of regulation since alleged violation occurred on tidewater lands. 3 Conn. Cir. Ct. 413.

Sec. 26-65. Commissioner authorized to regulate hunting. Landowner permission required for hunting on private land. (a) In the interest of developing a sound wildlife program for all species of wild birds and wild quadrupeds, to encourage landowner participation in such program and to develop public hunting on public and private lands and waters, the Commissioner of Environmental Protection is delegated authority to regulate hunting within the state as hereinafter provided.
(b) No person may engage in hunting on private land without the permission of the owner of such land.
(1955, S. 2475d; 1971, P.A. 872, S. 260; P.A. 93-408, S. 3.)
History: 1971 act substituted commissioner of environmental protection for board of fisheries and game; P.A. 93-408 added new Subsec. (b) re landowner permission for hunting on private land.
See also Parts V and VI re quadrupeds and birds, respectively.
See Sec. 53a-217e re negligent hunting offenses.
Cited. 3 Conn. Cir. Ct. 417.

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Sec. 26-66. Scope of regulations. The commissioner may adopt regulations in accordance with the provisions of chapter 54 governing the taking of wildlife, provided any regulations concerning the taking of migratory game birds shall be consistent with section 26-91. The regulations may: (1) Establish the open and closed seasons, which may be modified by decreasing or increasing the number of days for any specific species, (2) establish hours, days or periods during the open season when hunting shall not be permitted for specific species, (3) establish legal hours, (4) prescribe the legal methods, including type, kind, gauge and caliber of weapons and ammunition, including long bow, (5) prescribe the sex of wildlife that may be taken on a state-wide or local area basis, (6) establish the daily bag limit and the season bag limit, (7) establish the maximum number of persons that may hunt on designated areas during any twenty-four-hour period, (8) require that a permit be obtained from the landowner or his agent, or the commissioner or his agent, to enter upon designated premises or areas for the purpose of hunting, and further require that such permit be returned within a specified time to the issuing authority with an accurate report of all wildlife taken under such permit, the time spent on the premises or area and any other data required by the commissioner for management purposes, (9) establish areas that shall be restricted for designated periods for hunting only with long bow or other specified weapons, (10) establish areas that shall be restricted for designated periods for hunting exclusively by the physically handicapped, (11) establish requirements and procedures for tagging and reporting birds or animals taken by hunting or trapping; and, in the interest of public safety and for the purpose of preventing unreasonable conduct and abuses by hunters, and to provide reasonable control of the actions and behavior of such persons, said commissioner may issue regulations and orders to (12) prohibit the carrying of loaded firearms and hunting within specified distances of buildings, (13) prohibit the discharge of firearms and other hunting devices within specified distances of buildings and, when within specified distances, the discharge of such firearms and devices toward persons, buildings and livestock, (14) prohibit hunting while on any road adjacent to any state park, state forest, premises used for the breeding, rearing or holding in captivity of wildlife or premises used for zoological purposes, (15) establish minimum distances between fixed positions, floating and drift blinds for waterfowl hunting, (16) prohibit crossing over lawns and lands under cultivation, (17) prohibit damage to property, livestock and agricultural crops, (18) prohibit, during specified periods on designated areas, the training, exercising and running of dogs under control or uncontrolled, (19) prohibit the operation and parking of vehicles on designated portions of public and private roads, parking areas, lanes, passageways, rights-of-way, fields and lots, (20) prohibit the discarding of bottles, glass, cans, paper, junk, litter and trash, (21) control the launching, anchoring, mooring, storage and abandonment of boats, trailers and related equipment on properties under the control of the commissioner, (22) specify (A) the persons who shall wear fluorescent orange clothing, (B) the time periods during which such clothing shall be worn and (C) the types and amounts of such clothing which shall be worn, on and after January 1, 1989, when hunting.
(1955, S. 2476d; 1957, P.A. 406, S. 1; 1971, P.A. 872, S. 261; P.A. 74-135, S. 1; 74-151, S. 1, 7; P.A. 81-103; P.A. 85-19; P.A. 86-111, S. 2; P.A. 88-98, S. 1, 6.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 74-135 deleted exclusive hunting periods for women in Subdiv. (10); P.A. 74-151 deleted "except deer" in provision authorizing commissioner to regulate hunting and substituted "wildlife" for "pheasants" in Subdiv. (5); P.A. 81-103 authorized the commissioner to regulate "the taking of all species of wildlife" where before authorization was to regulate "hunting for all species of game birds and wild quadrupeds"; P.A. 85-19 added Subdiv. (21) re tagging and reporting of birds and animals and clarified language re commissioner's regulatory power; P.A. 86-111 made technical change, inserting former Subdiv. (21) as Subdiv. (11) and renumbering accordingly; P.A. 88-98 authorized regulations governing the wearing of fluorescent orange clothing.
See chapter 54 re uniform administrative procedure.
See Sec. 53a-217e re negligent hunting offenses.
Cited. 3 Conn. Cir. Ct. 414.

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Sec. 26-66a. Posting of warning signs by the department. Fees. The Department of Environmental Protection, within forty-five days of receiving a written request by the owner or tenant of a residential property which abuts land under the control of said department, shall post signs on the abutting land under the control of said department for the purpose of warning hunters of their proximity to a residential building. Such signs shall be conspicuously posted and shall be reasonably prominent in size and lettering so as to adequately carry out the provisions of this section. The department may charge a reasonable fee in order to carry out the provisions of this section.
(P.A. 91-378, S. 1.)

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Sec. 26-66b. Hunting field guides produced by the department to include regulations for hunting in proximity to buildings. In any field guide produced by the Department of Environmental Protection for hunting, the regulations for hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials and the regulations for shooting towards persons, buildings or animals shall be stated prominently and in relatively large and bold type.
(P.A. 91-378, S. 4.)

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Sec. 26-67. Regulations. The commissioner may issue his regulations, based upon accepted standards of wildlife conservation including the following: (a) Scientific and factual findings of a biological nature; (b) the availability of the species involved; (c) unusual weather conditions and special hazards; (d) the available supply of food and natural cover; (e) the general condition of the woods and streams; (f) the control of the species; (g) the number of permits issued; (h) the area available; (i) the rights and privileges of sportsmen, landowners and the general public; (j) the problem of providing and perpetuating a sound program of wildlife management and a sound recreational program consistent with the availability of the species.
(1955, S. 2477d; 1971, P.A. 872, S. 262; P.A. 73-616, S. 23; P.A. 74-338, S. 60, 94; P.A. 87-589, S. 41, 87.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 73-616 deleted references to members of abolished board; P.A. 74-338 made technical change; P.A. 87- 589 deleted provision re notice and hearing.

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Sec. 26-67a. Confidentiality of reports. Notwithstanding any provision of section 1-210 to the contrary, no person shall obtain, attempt to obtain or release to any person or government agency any identifiable individual record of or information derived from any report submitted in accordance with the provisions of subdivision (11) of section 26-66, without the consent of the person making the report, except that the commissioner may authorize the release of such information for the purposes of wildlife research, management or development.
(P.A. 86-111, S. 3.)

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Sec. 26-67b. Commissioner to advise law enforcement authorities re fish and game laws. The Commissioner of Environmental Protection shall annually advise the Commissioner of Public Safety and the chief law enforcement officer of each municipality regarding: (1) Any changes in the laws and regulations relating to fish and game, (2) the powers of such officers to enforce fish and game laws, and (3) any telephone number which may be used to report violations of any such laws.
(P.A. 91-378, S. 5.)

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Sec. 26-67c. Complaints re hunting in proximity to certain areas. Hearing. Records to be kept by law enforcement officials. Report to General Assembly. (a) The Commissioner of Environmental Protection shall maintain a record of all written complaints received by the department of violations of the regulations concerning hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials or the regulations regarding shooting towards persons, buildings or animals. The commissioner shall hold a hearing at least once annually, in accordance with the provisions of chapter 54, at which changes in such regulations for particular localities shall be considered. The commissioner may amend such regulations for a particular locality where he finds that: (1) The physical setting of a particular locality presents an unreasonable risk that hunters may violate the regulations regarding hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials or the regulations regarding shooting towards persons, buildings or animals or (2) a record of documented complaints reveals that violations of such regulations occur with significant frequency.
(b) The chief law enforcement official for each municipality, or his designee, shall maintain a record of all complaints received by such official in each calendar year regarding any potential hazard to public safety related to any hunting activity and shall submit such record to the Commissioner of Environmental Protection annually. Such record shall be maintained separately from all other records of complaints received by such official. After an investigation of any such complaint, if the chief law enforcement official determines that a particular hunting activity in a particular location poses a hazard to public safety, he shall submit a written report of such determination to the Commissioner of Environmental Protection.
(c) On or before February 1, 1995, and annually thereafter, the Commissioner of Environmental Protection shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment which sets forth for the preceding year ending December thirty-first the number of complaints received and investigations conducted along with the action taken.
(P.A. 91-378, S. 8; P.A. 93-408, S. 1.)
History: P.A. 93-408 added new Subsecs. (b) and (c) re records of law enforcement officials and a report to the general assembly, respectively.
See Sec. 53a-217e re negligent hunting offenses.

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Sec. 26-67d. Falconry: Definitions. (1) As used in this section and section 26- 67e, "raptor" means any bird of the family Accipitridae, Falconidae or Strigidae, but does not mean any bird listed as endangered, threatened or of special concern in regulations adopted under section 26-306; and (2) "falconry" means the activity of taking wild quarry in its natural habitat by means of trained raptors.
(P.A. 98-153, S. 1.)

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Sec. 26-67e. Falconry: Applicable federal regulations. Commissioner authorized to adopt regulations. Fee reciprocity. Any person engaged in falconry shall abide by the provisions of Title 50 CFR and guidelines established by the United States Fish and Wildlife Service governing falconry. The Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, consistent with or more restrictive than federal regulations. If the commissioner requires a permit for falconry, a permittee shall possess a valid state hunting license before obtaining any class of falconry permit and shall submit, on or before January first annually, a self certification that the permittee's activities comply with the provisions of federal falconry regulations. Nonresidents may practice falconry in this state consistent with nonresident fees or for the same fee as a resident of this state if such nonresident is a resident of a state the laws of which allow the same privilege to residents of this state.
(P.A. 98-153, S. 2.)

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Sec. 26-68. Emergency declaration of closed seasons. The commissioner may, in an emergency, declare a closed season on any species of game birds, wild quadrupeds, reptiles or amphibians threatened with undue depletion from any cause and, if deemed necessary, to close any area, or any stream, lake or pond, or portions thereof, to hunting and trapping for limited periods of time.
(1955, S. 2479d; 1971, P.A. 872, S. 263; P.A. 85-53, S. 7.)
History: 1971 act substituted reference to environmental protection commissioner for reference to board of fisheries and game; P.A. 85-53 added reptiles and amphibians to the list of animals for which an emergency declaration of a closed season may be made.

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Sec. 26-69. Wildlife management practices. The commissioner may engage in wildlife management practices and may expend from federal aid funds necessary moneys to establish, construct and maintain, on any state-owned land and water under his control and, with the consent of the owner, on private land and water, wildlife propagation installations, facilities and associated structures, experimental stations and facilities, and perform, or have performed, any work related to the establishment, restoration, improvement, control and protection of wildlife habitats, and perform or have performed any work related to the creation of facilities for ingress and egress and the creation of facilities for public use of any area under its control. Said commissioner may expend from federal aid funds necessary moneys for supplies, materials, equipment, temporary personal services and contractual services to carry out the provisions of this section.
(1955, S. 2480d; 1959, P.A. 398, S. 11; 1971, P.A. 872, S. 264.)
History: 1959 act deleted references to expenditures from game fund; 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.
See Sec. 26-99 re establishment of fish and game refuges.

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Sec. 26-70. Regulation of hunting of wild game birds, quadrupeds, reptiles or amphibians. No person shall hunt, take, attempt to hunt or take, or assist in hunting or taking, or assist in an attempt to hunt or take, from the wild, any wild game bird, wild quadruped, reptile or amphibian except as authorized under the provisions of this chapter and the regulations issued by the commissioner. Each game bird, wild quadruped, reptile and amphibian killed, wounded, taken or possessed contrary to any provision hereof shall constitute a separate offense.
(1955, S. 2481d; 1971, P.A. 872, S. 265; P.A. 85-53, S. 8.)
History: 1971 act substituted reference to environmental protection commissioner for reference to board of fisheries and game; P.A. 85-53 applied provisions of section to reptiles or amphibians.

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Sec. 26-71. Penalty. Any person who violates any provision of sections 26-65 to 26-70, inclusive, or any regulation issued by the commissioner pursuant thereto shall be fined not more than two hundred dollars or be imprisoned not more than sixty days or both.
(1955, S. 2482d; 1971, P.A. 872, S. 266.)
History: 1971 act substituted reference to environmental protection commissioner for reference to board of fisheries and game.

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Sec. 26-72. Regulation of trapping of fur-bearing animals. The commissioner may, after notice and public hearing conducted in the manner prescribed by section 26- 67, issue regulations governing and prescribing the taking of all species of fur-bearing animals by use of traps within the state. Such regulations may (1) establish the open and closed seasons, (2) establish the legal hours, (3) prescribe the legal methods that may be used, including size, type and kind of traps and the type and kind of bait and lures, (4) designate the places where traps may be placed and set and the conditions under which the placing and setting of traps will be legal, (5) establish the daily bag limit and the season bag limit, (6) assess a reasonable fee, or develop a comparable equitable plan, for season trapping rights on state-owned property. Assignment of such rights for specific areas may be determined by drawing or by the order in which requests therefor are recorded as received in the office of the commissioner when there is a set fee for such areas, or the method of high bid may be used. No person shall set, place or attend any trap upon the land of another without having in his possession the written permission of the owner or lessee of such land, or his agent, and no person shall set, place or attend any trap not having the name of the person using such trap legibly stamped thereon or attached thereto; provided the owner or legal occupant of such land or such person as he designates may set, place or attend any legal steel trap in any place within a radius of one hundred feet of any permanent building located on such land. No person who sets, places or attends any trap shall permit more than twenty-four hours to elapse between visits to such trap; provided, if such twenty-four-hour period expires before sunset, the person who set such trap shall have until sunset to visit the same. No person shall place, set or attend any snare, net or similar device capable of taking or injuring any animal. The pelt of any fur-bearing animal legally taken may be possessed, sold or transported at any time. Upon demand of any officer having authority to serve criminal process or any representative of the Department of Environmental Protection, any person in possession of any such pelt shall furnish to such officer or such representative satisfactory evidence that such pelt was legally taken or acquired. No provision hereof shall be construed as prohibiting any landowner or lessee of land used for agricultural purposes or any citizen of the United States, or any person having on file in the court having jurisdiction thereof a written declaration of his intention to become a citizen of the United States, who is regularly employed by such landowner or lessee, from pursuing, trapping and killing at any time any fur-bearing animal, except deer, which is injuring any property, or the owner of any farm or enclosure used for breeding or raising any legally acquired fur-bearing animal who has a game breeder's license issued by the commissioner or a fur breeder's license issued by the Livestock Division of the Department of Agriculture, from taking or killing any such animal legally in his possession at any time or having in possession any pelt thereof. No person shall molest, injure or disturb any muskrat house or den at any time. Any fur-bearing animal legally taken alive may be possessed by the person taking the same, provided he shall notify the commissioner in a writing signed by him stating the species and sex of such animal, the date and the name of the town where such animal was taken and the specific address where such animal will be kept. Any representative of the department may at any time inspect such animal and the enclosure or other facilities used to hold such animal and make inquiry concerning the diet and other care such animal should have and if, in the opinion of the commissioner or such representative, such animal is not being provided adequate or proper facilities or care, such animal may be seized by such representative of the department and be disposed of as determined by the commissioner. Fur-bearing animals taken alive, as herein provided, shall not be sold or exchanged, provided the person who legally possesses such animal may apply to the commissioner for a game breeder's license or to the Livestock Division of the Department of Agriculture for a fur breeder's license and when so licensed he may breed such animal and the progeny thereof, and such issue when three generations removed from the wild may be sold or exchanged alive or dead. Any trap illegally set and any snare, net or similar device found placed or set in violation of the provisions of this section shall be seized by any representative of the department and, if not claimed within twenty-four hours, the commissioner may order such trap, snare, net or other device destroyed, sold or retained for use by the commissioner. Any person who violates any provision of this section or any regulation issued by the commissioner shall be fined not more than two hundred dollars or be imprisoned not more than sixty days or both. Whenever any person is convicted, or forfeits any bond, or has his case nolled upon the payment of any sum of money, or receives a suspended sentence or judgment for a violation of any of the provisions of this section or any regulation issued hereunder by the commissioner, all traps used, set or placed in violation of any such provisions or any such regulation may, by order of the trial court, be forfeited to the state and may be retained for use by the department or may be sold or destroyed at the discretion of the commissioner. The proceeds from any such sale shall be paid to the State Treasurer and by him credited to the General Fund.
(1955, S. 2483d; 1959, P.A. 398, S. 12; 1971, P.A. 872, S. 267.)
History: 1959 act required that proceeds from sale of forfeited traps be credited to general fund rather than to game fund; 1971 act substituted references to commissioner and department of environmental protection for references to board of fisheries and game and its director.
See chapter 54 re uniform administrative procedure.
See Sec. 22-12b re licensing of fur breeders and issuance of special import or export permits for disease control.
Cited. 33 CS 510.

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Sec. 26-73. Hunting on Sunday. Sunday shall be a closed season except for the purpose of trapping under the provisions of this chapter. The possession in the open air on Sunday of any implement for hunting shall be prima facie evidence of hunting in violation of the provisions of this section. No provision of this section shall be construed so as to affect any provision of section 26-31, 26-48, 26-52 or 27-35 or apply to the use of bow and arrow for purposes other than hunting. Artificially propagated birds designated by the commissioner may be shot on Sundays on licensed private shooting preserves subject to such regulations of the commissioner as may apply to such private shooting preserves, provided permission so to shoot has been obtained from the town or towns within which such licensed private shooting preserves are located.
(1949 Rev., S. 4887; 1949, S. 2486d; 1957, P.A. 22, S. 1; 1971, P.A. 872, S. 268.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.
See Sec. 26-31 re instruction in handling and use of hunting weapons on Sunday.
Applies to any game, whether protected or not, if not destroying crops; applies to private game keeper carrying gun to guard game preserve where intent to shoot other animals exists. 98 C. 712.
Conclusion that defendant "was guilty of having in his possession in the open air on Sunday implements for hunting" did not, in view of the judgment finding the defendant guilty of violating this section, show that the defendant was found guilty of the nonexistent crime of possession rather than the actual crime of hunting. 2 Conn. Cir. Ct. 463, 464.

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Sec. 26-74. Use of motor vehicles, snowmobiles and all-terrain vehicles in hunting. (a) No person while in a motor vehicle, snowmobile or all-terrain vehicle or by aid or use of any light or lights carried thereon or attached thereto shall hunt or take any wild bird, wild quadruped or reptile or amphibian regulated by the commissioner under this chapter. The provisions of this section shall not affect the statutes relating to jacklighting for deer.
(b) The provisions of this section shall not apply to any person who operates or is in an all-terrain vehicle and who is a paraplegic, or who is suffering from the loss of or the loss of the use of both lower extremities, provided such person has a valid hunting license issued pursuant to this chapter and has received a permit to be issued by the Commissioner of Environmental Protection upon documentary proof that such person is a paraplegic. Such person shall not shoot or have in his possession or under his control a loaded rifle, shotgun or muzzleloader while such vehicle is in motion or such vehicle is on a public highway.
(c) Any person who violates any provision of this section shall be fined not more than two hundred dollars or be imprisoned not more than thirty days or both.
(1949 Rev., S. 4889; 1955, S. 2488d; P.A. 73-223; P.A. 76-120; P.A. 85-53, S. 9.)
History: P.A. 73-223 prohibited hunting or taking of birds or quadrupeds from snowmobiles or all-terrain vehicles; P.A. 76-120 made previous provisions Subsecs. (a) and (c) and inserted new Subsec. (b) providing exception to provisions for paraplegics; P.A. 85-53 amended Subsec. (a) to apply provisions to reptiles and amphibians.

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Sec. 26-75. Silencer on firearms. No person shall use any silencer on any firearm when hunting.
(1949 Rev., S. 4893.)
See Sec. 53a-217e re negligent hunting offenses.

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Sec. 26-76. Possession limit of game birds, wild quadrupeds, reptiles and amphibians. The possession limit for game birds, wild quadrupeds, reptiles and amphibians, during the open or closed season, shall not exceed the season limits provided by statute or by regulations made by the commissioner. Possession on the annual opening day of the open season shall be limited to the daily bag limit for any species of game bird, wild quadruped, reptile or amphibian. Possession in storage of such species on each succeeding day shall not exceed the accumulated daily bag limit for one person for any species. Possession of such species, except in storage, shall not exceed the daily bag limit for any species. The provisions of this section shall not affect possession limits established for migratory game birds by the United States Fish and Wildlife Service, licensed game and fur breeders or persons authorized to possess game birds, wild quadrupeds, reptiles or amphibians by the commissioner. Each game bird, wild quadruped, reptile or amphibian or part thereof, possessed contrary to the provisions of this section or any regulation issued by the commissioner, shall constitute a separate offense. Any person who violates any provision of this section or any regulation made by the commissioner relating to possession limits shall be fined not more than two hundred dollars or be imprisoned not more than sixty days or both.
(1949 Rev., S. 4890; 1955, S. 2489d; 1971, P.A. 872, S. 269; P.A. 85-53, S. 10.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 85-53 applied provisions of section to reptiles and amphibians.
See Sec. 26-58 re taxidermist's license.

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Sec. 26-77. Taking of waterfowl in open coastal waters. The commissioner may establish and define by regulation, for the purpose of controlling waterfowl hunting, zones on either side of the lines fixed by it to distinguish open coastal waters beyond outer harbor limits where certain species of waterfowl may be taken during the open season. The area shoreward of such lines established by the commissioner and the mainland or shore shall, for the purpose of this section, be known as coastal waters within outer harbor limits and the area seaward of such lines shall be known as open coastal waters beyond outer harbor limits.
(1949, S. 2490d; 1971, P.A. 872, S. 270.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.

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Sec. 26-78. Sale of birds, quadrupeds, reptiles or amphibians. No person shall buy, sell or exchange, or have in possession with intent to sell or exchange, any wild or game bird, wild quadruped, reptile or amphibian, alive or dead, or parts thereof, including plumage of any such bird, except as provided in this chapter, provided any game bird, wild quadruped, reptile or amphibian, alive or dead, or parts thereof, not including plumage of any such bird, legally taken and legally transported into this state from any other state or country which does not prohibit the sale or exportation of such bird, wild quadruped, reptile or amphibian, may be bought or sold in this state at any time of the year under such regulations as may be made by the commissioner. The commissioner may make regulations governing the importation, transportation, purchase, sale or exchange of wild or game bird plumage. Any wild or game bird, wild quadruped, reptile or amphibian, alive or dead, or parts thereof, including plumage of such birds, possessed contrary to any of the provisions of this section or any regulation made by the commissioner, shall be seized by any representative of the department; and the commissioner or his authorized agent shall make disposition of the same by sale or destruction or by gift to any educational institution, museum, zoological park or any other suitable place where in the opinion of the commissioner an educational purpose will be served. The provisions of this section shall not prohibit the possession, sale or exchange of heads, hides or pelts of legally acquired deer and fur-bearing animals or the possession and mounting of legally acquired game birds, wild quadrupeds, reptiles and amphibians. Each wild or game bird, wild quadruped, reptile or amphibian, or part thereof, or each lot or package of wild or game bird plumage, possessed contrary to any provision of this section or any regulation issued by the commissioner, shall constitute a separate offense. Said commissioner may make regulations authorizing the importation, exportation, possession, sale and exchange of legally acquired, protected and unprotected species of live wild birds, live wild quadrupeds, reptiles and amphibians under such conditions as said commissioner shall determine. Said commissioner may order any such bird, quadruped, reptile or amphibian impounded for such period, at such place and in such manner as is determined by the commissioner, to allow examination to determine if such bird, quadruped, reptile or amphibian is diseased or infected with parasites, and the commissioner is authorized to order the destruction of such bird, quadruped, reptile or amphibian when in his opinion such action would be advisable in the public interest. Any person who violates any provision of this section or any regulation or order issued by the commissioner hereunder shall be fined not more than two hundred dollars or be imprisoned not more than sixty days or both. The provisions of this section shall not apply to snapping turtles.
(1949 Rev., S. 4891; 1955, S. 2491d; 1971, P.A. 32; 872, S. 271; P.A. 85-53, S. 11.)
History: 1971 acts stated that provisions of section do not apply to snapping turtles and substituted references to commissioner and department of environmental protection for references to board of fisheries and game and its director; P.A. 85-53 applied provisions of section to reptiles and amphibians.

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Sec. 26-78a. Donation of game to charitable organizations. (a) As used in this section, "hunted game" means wildlife legally taken by hunting.
(b) Hunted game may be donated to, and possessed, prepared and distributed by, a charitable or nonprofit organization which serves or distributes food without cost to poor or needy persons. Neither the state nor any of its political subdivisions shall be held liable for damages resulting from the consumption of hunted game donated under this section.
(c) Any charitable or nonprofit organization which serves or distributes any hunted game under this section shall provide for notification to the recipients of such service or distribution that such game has not been inspected by any government agency and shall clearly and conspicuously display a sign at any location of such service or distribution which indicates the type of game being served or distributed and that such game was not required to be inspected under the Connecticut Food, Drug and Cosmetic Act. Hunted game donated pursuant to this section shall be dressed, packaged, refrigerated, dated and tagged, labeled or marked "not for sale". Such tag, label, or marking shall (1) indicate that neither the state nor any of its political subdivisions shall be liable for damages resulting from the consumption of such game donated under this section, (2) identify the person or organization donating such game, (3) identify the type of game and (4) indicate that such game was not required to be inspected under the Connecticut Food, Drug and Cosmetic Act.
(d) Hunted game or parts thereof donated as food in compliance with this section shall not be subject to the provisions of chapter 418 and section 26-78.
(P.A. 95-352, S. 1.)

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Sec. 26-79. Hunting in Putnam Memorial Camp grounds. Any person who hunts upon the grounds of Putnam Memorial Camp in the town of Redding, or enters upon said grounds for said purpose, shall be fined not more than twenty-five dollars; and any person found on said grounds with a gun or hunting dog, without permission, shall be deemed, prima facie, to be there for the purpose of hunting.
(1949 Rev., S. 5011.)

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Sec. 26-80. Disposition of birds, quadrupeds, reptiles or amphibians illegally taken. Any bird, quadruped, reptile or amphibian, or part thereof, illegally taken or possessed, or any bird, quadruped, reptile or amphibian illegally used in the pursuit of any bird, quadruped, reptile or amphibian, shall be seized by the commissioner, any representative of the commissioner or any conservation officer, and the commissioner may, at his discretion, sell or otherwise dispose of the same. The proceeds of any such sale shall be paid to the State Treasurer to be credited to the General Fund.
(1949 Rev., S. 4896; 1959, P.A. 398, S. 21; 1971, P.A. 872, S. 272; P.A. 85-53, S. 12.)
History: 1959 act required that proceeds from sales be credited to general fund rather than to game fund; 1971 act replaced references to board members and the director of the board of fisheries and game with references to environmental protection commissioner and his representatives; P.A. 85-53 applied provisions of section to reptiles and amphibians.

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Sec. 26-81. Penalties. Any person who violates any provision of this part for which no other penalty is provided shall be fined not less than ten dollars nor more than two hundred dollars or imprisoned not more than sixty days or be both fined and imprisoned.
(1949 Rev., S. 4897; 1957, P.A. 277.)
See Sec. 53a-217e re negligent hunting offenses.

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PART V*
QUADRUPEDS

*The state may prohibit or regulate the killing of game. 61 C. 152; 98 C. 712; 161 U.S. 519.

Sec. 26-82. Killing of deer regulated. Damage permit. Jacklight permit. Penalties. (a) No person shall hunt, pursue, wound or kill any deer or sell or offer for sale or have in possession the flesh of any deer captured or killed in this state, or have in possession the flesh of any deer from any other state or country unless it is properly tagged as required by such state or country except as provided by the terms of this chapter or regulations adopted pursuant thereto, and except that any landowner or primary lessee of land owned by such landowner or the husband or wife or any lineal descendant of such landowner or lessee or any designated agent of such landowner or lessee may kill deer with a shotgun, rifle or bow and arrow provided a damage permit has first been obtained from the commissioner and such person has not been convicted for any violation of section 26-82, 26-85, 26-86a, 26-86b or 26-90 or subsection (b) of section 26- 86a-2 of the regulations of Connecticut state agencies within three years preceding the date of application. Upon the receipt of an application, on forms provided by the commissioner and containing such information as said commissioner may require, from any landowner who has or whose primary lessee has an actual or potential gross annual income of twenty-five hundred dollars or more from the commercial cultivated production of grain, forage, fruit, vegetables, flowers, ornamental plants or Christmas trees and who is experiencing an actual or potential loss of income because of severe damage by deer, the commissioner shall issue not more than six damage permits without fee to such landowner or the primary lessee of such landowner, or the wife, husband, lineal descendant or designated agent of such landowner or lessee. The application shall be notarized and signed by all landowners or by the landowner or a lessee to whom a farmer tax exemption permit has been issued pursuant to subsection (63) of section 12-412. Such damage permit shall be valid through October thirty-first of the year in which it is issued and may specify the hunting implement or shot size or both which shall be used to take such deer. The commissioner may at any time revoke such permit for violation of any provision of this section or for violation of any regulation pursuant thereto or upon the request of the applicant. Notwithstanding the provisions of section 26-85, the commissioner may issue a permit to any landowner or primary lessee of land owned by such landowner or the husband or wife or any lineal descendant of such landowner or lessee and to not more than three designated agents of such landowner or lessee to use a jacklight for the purpose of taking deer when it is shown, to the satisfaction of the commissioner, that such deer is causing damage which cannot be reduced during the daylight hours between sunrise and one-half hour after sunset on the land of such landowner. The commissioner may require notification as specified on such permit prior to its use. Any deer killed in accordance with the provisions of this section shall be the property of the owner of the land upon which the same has been killed, but shall not be sold, bartered, traded or offered for sale, and the person who kills any such deer shall tag and report each deer killed, as provided in section 26-86b. Upon receipt of the report required by section 26-86b, the commissioner shall issue an additional damage permit to the person making such report. Any deer killed otherwise than under the conditions provided for in this chapter or regulations adopted pursuant thereto shall remain the property of the state and may be disposed of by the commissioner at his discretion to any state institution or may be sold and the proceeds of such sale shall be remitted to the State Treasurer, who shall apply the same to the General Fund, and no person, except the commissioner, shall retail, sell or offer for sale the whole or any part of any such deer. No person shall be a designated agent of more than one landowner or primary lessee in any calendar year. No person shall make, set or use any trap, snare, salt lick, bait or other device for the purpose of taking, injuring or killing any deer, nor shall any person hunt, pursue or kill deer being pursued by any dog, whether or not such dog is owned or controlled by him, except that no person shall be guilty of a violation under this section when such a deer is struck by a motor vehicle operated by him. No person shall use or allow any dog in his charge to hunt, pursue or kill deer. No permit shall be issued when in the opinion of the commissioner the public safety may be jeopardized.
(b) Any person who violates any provision of this section shall be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than six months or shall be both fined and imprisoned, for the first offense, and for each subsequent offense shall be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned not more than one year or shall be both fined and imprisoned.
(1949 Rev., S. 4898, 4901; 1949, S. 2493d; 1959, P.A. 398, S. 13; 1963, P.A. 327; 422; February, 1965, P.A. 78; 1969, P.A. 53, S. 1; 1971, P.A. 872, S. 273; P.A. 74-151, S. 2, 7; P.A. 75-192; P.A. 79-445, S. 1, 2; P.A. 80-305; P.A. 84-172; P.A. 90-167; P.A. 97-250, S. 4.)
History: 1959 act required that proceeds from sale of illegally seized deer be deposited in general fund rather than game fund; 1963 acts clarified definition of "regular employee" by specifying employees "for wages to perform agricultural, management or maintenance duties on the property for which a permit is issued", by specifying that twelve-month employment period is "prior to killing any deer", and prohibited taking more than one deer in any year without board's authorization; 1965 act prohibited hunting, pursuing or killing deer which is being pursued by a dog, but exempted persons who strike a deer with a motor vehicle from consideration as violators of provisions; 1969 act excluded references to lessees throughout section, made deer killed except as allowed under "chapter" rather than "section" property of the state; 1971 act replaced references to board of fisheries and game and its director with references to environmental protection commissioner; P.A. 74-151 deleted provisions defining "regular employee" and authorizing such employees to kill deer, referring instead to designated agents of landowners, added provisions re specific crop protection permits, deleted provision which had allowed use of bow and arrow and replaced previous reporting procedure with requirement that kills be tagged and reported as provided in Sec. 26-86b; P.A. 75-192 allowed issuance of three permits rather than one, reducing from two to one the number of kills allowed per permit and set duration of permit at four months rather than one year; P.A. 79-445 changed landowner's qualifications for permit from ownership of ten or more acres used for agricultural purposes to landowners with actual or potential loss of five hundred dollars or more from cultivated products, increased number of permits allowed to each landowner from three to six, restored original expiration date of December thirty-first, authorized commissioner to specify weapon or shot size to be used, deleted commissioner's power to allow taking more than one deer with a permit, allowed landowner to designate up to three agents rather than one, authorized issuance of additional permit after commissioner receives required report, prohibited agents from serving more than one landowner in a year and forbade use of bait to take deer; P.A. 80-305 added Subsec. (b) re penalties for violation of provisions; P.A. 84-172 amended Subsec. (a) to make a primary lessee eligible for a damage permit, to eliminate the restriction on the number of deer that may be taken under a permit and to make a primary lessee, husband or wife or lineal descendant of the landowner or lessee eligible for a jacklight permit, inserted new Subsec. (b) authorizing damage permits where no commercial damage occurs and relettered the remaining Subsec. accordingly; P.A. 90-167 amended Subsec. (a) to prohibit possessing the flesh of deer from another state or country unless it is properly tagged, prohibited persons who are convicted of violating certain statutes from killing deer pursuant to a damage permit, substituted "twenty-five hundred" for "five hundred", required that all landowners or the landowner or lessee holding a farmer tax exemption permit sign the application, substituted "October thirty-first" for "December thirty-first", required a showing that damage cannot be reduced during the daylight hours, authorized the commissioner to require notification as specified on the permit, deleted Subsec. (b) re damage permits where no commercial damage occurs and relettered the remaining Subsec. accordingly; P.A. 97-250 amended Subsec. (a) to allow taking of deer under this section with bow and arrow by persons holding deer damage permits.
See also part IV re hunting and trapping.
See Sec. 22-358(c) re killing of dogs worrying or pursuing deer and imposition of penalty against dogs' owners.

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Secs. 26-83 and 26-84. Permits to hunt deer. Fee for permit to kill deer. Sections 26-83 and 26-84 are repealed.
(1949 Rev., S. 4899, 4900; 1949, S. 2494d; 1951, S. 2494d, 2495d; 1963, P.A. 228; 231; 326; 1969, P.A. 53, S. 2, 3; 1971, P.A. 872, S. 274; P.A. 74-151, S. 6, 7.)

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Sec. 26-85. Jacklighting for deer. Forfeiture and disposal of weapons. No person shall use or attempt to use or possess any jacklight for the purpose of taking any deer. For the purpose of establishing a prima facie case under the provisions of this section, a jacklight shall be construed as any artificial light when used in conjunction with any rifle larger than a twenty-two long rifle, or with a shotgun and ball shells or shot larger than No. 2 shot or with a bow and arrow or crossbow, in any area frequented by deer or where deer are known to be present, or in any deer habitat, and possession of such articles in any such place, or any road, lane or passageway adjacent to such place, by any person during the period from one-half hour after sunset to sunrise shall be prima facie evidence of a violation of this section. Any person who kills or wounds any deer with any firearm or other weapon by the aid or use of any artificial light during the period from one-half hour after sunset to sunrise shall be subject to the provisions of this section. Any person who violates any provision of this section shall be fined not less than two hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than six months or be both fined and imprisoned, for the first offense, and for each subsequent offense shall be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned not more than one year, or be both fined and imprisoned. Any firearm, shell, cartridge and any other weapon and portable lights, batteries and any other device used, or intended to be used by, and found by the trial court to have been in the possession of, any person charged with a violation of any provision of this section, when such person is convicted, or upon the forfeiture of any bond taken upon any such complaint, shall be ordered by the trial court to be forfeited to the state and all such articles shall, by order of said court, be turned over to the commissioner and may be retained for use by the department or assigned by the commissioner to any other state agency, may be sold at public auction by the Commissioner of Administrative Services at the request of the commissioner or may be destroyed at the discretion of the commissioner. The proceeds of any such sale shall be paid to the State Treasurer and by him credited to the General Fund. If a motor vehicle is used to transport such person to or toward or away from the place where the illegal act was committed, the operator's license of such person or, if he has no such license, the privilege to obtain such license shall be suspended by the Commissioner of Motor Vehicles for a period of one year from the date of such conviction or forfeiture of such bond. Said commissioner, after a hearing is held thereon, may issue to such person a restricted, limited operator's license if such license is required by such person to earn a livelihood. Said commissioner shall suspend such license for the remainder of the original suspension period if such restricted license is used for purposes other than those determined by said commissioner.
(1949 Rev., S. 4902; 1949, 1951, 1953, 1955, S. 2496d; 1959, P.A. 398, S. 14; 1971, P.A. 872, S. 275; P.A. 77-614, S. 135, 610.)
History: 1959 act provided that proceeds from sale of forfeited articles be deposited in general fund rather than game fund; 1971 act replaced references to board of fisheries and game and its director with references to commissioner and department of environmental protection; P.A. 77-614 replaced director of purchases of the department of finance and control with commissioner of administrative services.

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Sec. 26-86. Deer killed or wounded by motor vehicle. Any deer killed or seriously wounded as the result of a collision with a motor vehicle may, after inspection of such deer by the local police authorities, state police or conservation officer and after issuance of a copy of a deer kill incident report, become the property of the operator of such motor vehicle or any other person if such operator declines possession.
(1949 Rev., S. 4903; P.A. 83-191, S. 5, 9; P.A. 87-31.)
History: P.A. 83-191 deleted requirement that kill be made while vehicle is being "legally operated upon the public highway" and required retention of a copy of a deer kill report for the legal possession of deer taken by a motor vehicle; P.A. 87-31 authorized possession by the operator or any other person where previously possession was limited to the owner of the vehicle.

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Sec. 26-86a. Game management. Deer hunting; permitted weapons, locations, bag limits. Consent forms; permits, selection process. (a) The commissioner shall establish by regulation adopted in accordance with the provisions of chapter 54 standards for deer management, and methods, regulated areas, bag limits, seasons and permit eligibility for hunting deer with bow and arrow, muzzleloader and shotgun, except that no such hunting shall be permitted on Sunday. No person shall hunt, pursue, wound or kill deer with a firearm without first obtaining a deer permit from the commissioner in addition to the license required by section 26-27. Application for such permit shall be made on forms furnished by the commissioner and containing such information as he may require. Such permit shall be of a design prescribed by the commissioner, shall contain such information and conditions as the commissioner may require, and may be revoked for violation of any provision of this chapter or regulations adopted pursuant thereto. As used in this section, muzzleloader means a rifle or shotgun of at least forty- five caliber, incapable of firing a self-contained cartridge, which uses powder, ball and wadding loaded separately at the muzzle end and rifle means a long gun which uses centerfire ammunition and the projectile of which is six millimeters or larger in diameter. The fee for a firearms permit shall be ten dollars for residents of the state and thirty dollars for nonresidents. The commissioner shall issue, without fee, a private land deer permit to the owner of ten or more acres of private land and the husband or wife, parent, grandparent, sibling and any lineal descendant of such owner, provided no such owner, husband or wife, parent, grandparent, sibling or lineal descendant shall be issued more than one such permit per season. Such permit shall allow the use of a rifle, shotgun, muzzleloader or bow and arrow on such land from November first to December thirty- first, inclusive. Deer may be so hunted at such times and in such areas of such state- owned land as are designated by the Commissioner of Environmental Protection and on privately owned land with the signed consent of the landowner, on forms furnished by the department, and such signed consent shall be carried by any person when so hunting on private land. The owner of ten acres or more of private land may allow the use of a rifle to hunt deer on such land during the shotgun season. The commissioner shall determine, by regulation, the number of consent forms issued for any regulated area established by said commissioner. The commissioner shall provide for a fair and equitable random method for the selection of successful applicants who may obtain shotgun and muzzleloader permits for hunting deer on state lands. Any person whose name appears on more than one application for a shotgun permit or more than one application for a muzzleloader permit shall be disqualified from the selection process for such permit. No person shall hunt, pursue, wound or kill deer with a bow and arrow without first obtaining a bow and arrow permit pursuant to section 26-86c. "Bow and arrow" as used in this section and in section 26-86c means a bow capable of propelling a hunting type arrow of not less than four hundred grains, one hundred fifty yards free flight on level ground. The arrowhead shall have two or more blades and may not be less than seven-eighths of an inch at the widest point. No person shall carry firearms of any kind while hunting with a bow and arrow under said sections.
(b) Any person who takes a deer without a permit shall be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than six months or shall be both fined and imprisoned, for the first offense, and for each subsequent offense shall be fined not less than two hundred dollars nor more than one thousand dollars or imprisoned not more than one year or shall be both fined and imprisoned.
(1959, P.A. 227, S. 1, 2; 1961, P.A. 337; 1971, P.A. 872, S. 276; P.A. 74-151, S. 3, 7; P.A. 77-86; P.A. 78-135, S. 1; P.A. 79-491, S. 1, 2; P.A. 83-440; P.A. 85-20; P.A. 87-180, S. 2; P.A. 88-98, S. 3, 6; Nov. Sp. Sess. P.A. 91-3, S. 9, 21; P.A. 93-408, S. 2; P.A. 95-352, S. 2; P.A. 97-250, S. 5.)
History: 1961 act changed opening date for bow and arrow season from December first to November first; 1971 act replaced state board of fisheries and game with commissioner of environmental protection; P.A. 74-151 greatly expanded provisions, including provisions re use of muzzleloaders and shotguns, deleted specific dates for bow and arrow season previously in force and deleted requirement that arrows used bear full name and address of their owner; P.A. 77-86 provided that persons submitting more than one application for muzzleloader or shotgun permits will be disqualified and that those who are issued a shotgun permit shall be ineligible for such permit the following year; P.A. 78-135 added Subsec. (b) re penalties for taking deer without permit; P.A. 79-491 clarified provisions, substituted references to firearms permits for references to separate muzzleloader and shotgun permits, defined rifle for purposes of section, authorized issuance of "private land deer permit", authorized owners of ten acres or more to allow use of rifles in hunting on their land, authorized commissioner to determine number of consent forms issued for any regulated area and deleted provisions making those issued shotgun permits ineligible for such a permit the following year and prohibiting taking of more than one deer, since regulated areas, bag limits, separate seasons and permit eligibility are to be regulated by commissioner; P.A. 83-440 amended Subsec. (a) to authorize the commissioner to issue private land deer permits to parents and grandparents of landowners, to remove provision linking issuance of permits in numbers linked to the amount of acreage owned, to remove the limitation on the number of deer that may be taken pursuant to a private land deer permit and to exempt archery deer hunters, raccoon and opossum hunters and those hunting deer on their own land from wearing fluorescent clothing while hunting; P.A. 85-20 amended Subsec. (a) by eliminating the limit on consent forms issued by a landowner and exempting persons engaged in archery turkey hunting from the requirement of wearing flourescent orange clothing; P.A. 87-180 amended Subsec. (a) by authorizing concurrent archery and firearms deer hunting seasons and requiring that flourescent orange clothing be worn by archery hunters during concurrent season; P.A. 88-98 deleted requirements for fluorescent orange clothing; Nov. Sp. Sess. P.A. 91-3 amended Subsec. (a) to delete a requirement that deer hunters using a bow and arrow also obtain a general hunting permit pursuant to Sec. 26-27; P.A. 93-408 deleted a specification for round ball ammunition in the definition of muzzleloader; P.A. 95-352 amended Subsec. (a) to allow for free private land deer permits for siblings of the landowners; P.A. 97-250 amended Subsec. (a) to allow taking of deer under this section with bow and arrow by persons holding private land deer permits.
See Sec. 26-66(22) re the wearing of fluorescent orange clothing.

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Sec. 26-86b. Tags. Report of kill. The commissioner shall issue tags to be attached to the carcass of any deer killed under the provisions of sections 26-82 and 26-86a to 26-86c, inclusive, which tag shall be immediately attached to such deer and remain affixed until such carcass is dressed and butchered and packaged for consumption. Each person so taking deer shall, within twenty-four hours, report such kill to the commissioner on a form furnished by him.
(1959, P.A. 227, S. 3; 1971, P.A. 872, S. 277; P.A. 74-151, S. 4, 7.)
History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 74-151 added reference to Sec. 26-86 and required that tags remain affixed until carcass is packaged for consumption; in 1993 obsolete reference to repealed Sec. 26-86d was replaced editorially with reference to Sec. 26-86c.

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Sec. 26-86c. Permits to hunt deer and small game with bow and arrow. Fees. Applications. Education course requirement. No person may hunt deer or small game with a bow and arrow under the provisions of this chapter without a valid permit issued by the Commissioner of Environmental Protection pursuant to this section or section 26-86a for persons hunting deer with bow and arrow under private land deer permits issued free to qualifying landowners, husband or wife, parent, grandparent, lineal descendant or siblings under that section. The fee for such bow and arrow permit to hunt deer and small game shall be twenty-two dollars for residents and forty-four dollars for nonresidents, or thirteen dollars for any person twelve years of age or older but under sixteen years of age. Permits to hunt with a bow and arrow under the provisions of this chapter shall be issued only to qualified applicants therefor by the Commissioner of Environmental Protection, in such form as said commissioner prescribes. Applications shall be made on forms furnished by the commissioner containing such information as he may require and all such application forms shall have printed thereon: "I declare under the penalties of false statement that the statements herein made by me are true and correct." Any person who makes any material false statement on such application form shall be guilty of false statement and shall be subject to the penalties provided for false statement and said offense shall be deemed to have been committed in the town in which the applicant resides. No such application shall contain any material false statement. On and after January 1, 2002, permits to hunt with a bow and arrow under the provisions of this chapter shall be issued only to qualified applicants who have successfully completed the conservation education bow hunting course as specified in section 26-31 or an equivalent course in another state.
(1959, P.A. 227, S. 4−6; February, 1965, P.A. 602; 1971, P.A. 871, S. 106; 872, S. 278; P.A. 74-151, S. 5, 7; P.A. 75- 304, S. 1, 2; P.A. 82-366, S. 7; Nov. Sp. Sess. P.A. 91-3, S. 10, 21; P.A. 97-250, S. 6.)
History: 1965 act deleted distinctions between issuance of resident and nonresident licenses; 1971 acts substituted false statement charge and penalty for perjury charge and penalty and replaced state board of fisheries and game with commissioner of environmental protection; P.A. 74-151 substituted "permit(s)" for "license(s)" and specified applicability of provisions to bow and arrow hunting; P.A. 75-304 reduced fee from five dollars and thirty-five cents to five dollars and transferred power to issue licenses from town clerks to commissioner, deleting all provisions concerning town clerk's duties; P.A. 82-366 amended the section to revise the requirement that permits for hunting deer with bow and arrow be issued only to persons sixteen and older for consistency with new junior license categories established by Sec. 26-27a; Nov. Sp. Sess. P.A. 91-3 amended section to authorize hunting of small game with bow and arrow, to increase the fee for all bow hunting and to delete a requirement that moneys received under this section be deposited in the general fund; P.A. 97-250 provided for issuance of permits to take deer with bow and arrow to persons holding private land deer permits and provided that, on and after January 1, 2002, permits to hunt deer with bow and arrow under this chapter shall only be issued to persons who have completed an education course under Sec. 26-31.

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Sec. 26-86d. Penalty. Section 26-86d is repealed.
(1959, P.A. 227, S. 7; P.A. 78-135, S. 3.)

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Sec. 26-86e. Regulation of hunting of doe deer. The Commissioner of Environmental Protection may issue regulations prohibiting the hunting, wounding, killing or possession of doe deer on a state-wide, county or described-area basis, when he finds such action necessary to preserve reasonably adequate breeding stock.
(1963, P.A. 229; 1971, P.A. 872, S. 279.)
History: 1971 act replaced state board of fisheries and game with commissioner of environmental protection.

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Sec. 26-86f. Hunting of fawn deer prohibited. No person shall hunt, wound, kill or remove from the wild any fawn deer at any time, except that such deer found wounded or injured may, with due care, be removed from the wild for the purpose of having the wounds or injuries treated, and all such deer shall, within twenty-four hours after such removal, be turned over to a representative of the Department of Environmental Protection for such disposition as shall be determined by the commissioner.
(1963, P.A. 230; 1971, P.A. 872, S. 280.)
History: 1971 act replaced state board of fisheries and game with department of environmental protection and its director with commissioner of environmental protection.

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Sec. 26-87. Taking rabbits by use of ferrets. The commissioner may authorize his conservation officers or other agents to take rabbits by the use of ferrets for the purpose of restocking and redistribution. Any person who takes any rabbit by the use of a ferret, except as authorized in this section, shall be fined not less than ten dollars nor more than fifty dollars or imprisoned not more than thirty days or be both fined and imprisoned, and the possession of each rabbit taken by the use of a ferret, except as so authorized, shall constitute a separate offense.
(1949 Rev., S. 4906; 1971, P.A. 872, S. 281.)
History: 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner.

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Sec. 26-88. Use of explosives. No person shall take or attempt to take any gray squirrel, rabbit or other fur-bearing animal protected by law by the use of gunpowder, dynamite or other explosive compound, or by fire, smoke, brimstone, sulphur, gas or chemical, or by digging from any hole or den, provided nothing herein shall be construed to prevent the shooting of any gray squirrel or rabbit or fur-bearing animal.
(1949 Rev., S. 4907.)

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Sec. 26-89. Cutting trees or using fire to take raccoon. Any person who cuts down any tree or uses fire, smudge or smoke for the purpose of taking raccoon shall be fined not more than two hundred dollars.
(1949 Rev., S. 4909.)

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Sec. 26-90. False statement, penalty. General penalty. (a) No person shall make any material false statement or sign the name of another when making application for any permit authorized under any provision of this part nor shall any person make any material false statement or sign the name of another when reporting the killing of any deer as required under the provisions of this part. Any person who makes any material false statement or signs the name of another when reporting the killing of any deer or when making application for any permit authorized under any provision of this part, whether or not such permit is issued, shall be deemed to have committed such offense in the town listed as the town of killing on the deer-killing report or the town listed on the application form as being the town in which the property is located or, if such property is listed as being located in more than one town, criminal jurisdiction may be taken in any such town.
(b) Any person who violates any provision of this part, or any regulation issued by the commissioner pursuant thereto, for which no other penalty is provided shall be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned not more than sixty days or be both fined and imprisoned, and the possession of each quadruped or part thereof taken in violation of any such provision shall be a separate offense. Any firearm, shell, cartridge and any other weapon and any other device used, or intended to be used, and found by the trial court to have been in the possession of any person charged with a violation of this section or any provision of section 26-82 or section 26-86a, when such person is convicted, or upon the forfeiture of any bond taken upon any such complaint, shall be ordered by the trial court to be forfeited to the state and all such articles shall, by order of said court, be turned over to the commissioner and may be retained for use by the department or assigned by the commissioner to any other state agency, may be sold by the Commissioner of Administrative Services at the request of the commissioner or may be destroyed at the discretion of the commissioner. All money collected as a result of any such sale shall be transmitted to the State Treasurer and by him be deposited to the General Fund.
(1949 Rev., S. 4910; 1953, S. 2500d; 1957, P.A. 205; 1959, P.A. 398, S. 15; 1971, P.A. 872, S. 282; P.A. 74-338, S. 56, 94; P.A. 75-567, S. 22, 80; P.A. 77-614, S. 135, 610; P.A. 78-135, S. 2.)
History: 1959 act required that moneys from sale of forfeited article be deposited in general fund rather than game fund; 1971 act replaced references to board of fisheries and game and its director with references to environmental protection department and commissioner; P.A. 74-338 deleted requirement that articles are forfeited to state "upon the nolle of any complaint upon the payment of any sum of money"; P.A. 75-567 deleted reference to repealed Secs. 26-83 and 26-84 in Subsec. (b); P.A. 77-614 replaced director of purchases of the department of finance and control with commissioner of administrative services; P.A. 78-135 added reference in Subsec. (b) to violations of Sec. 26-86a.

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PART VI*
BIRDS

*Power of state to regulate. 61 C. 152; 161 U.S. 519.

Sec. 26-91. Taking of migratory game birds. The closed season, daily bag limit and possession limit for migratory game birds and the methods of taking such game birds shall be at least as stringent as the closed season, daily bag limit, possession limit and methods of taking fixed for such birds by the regulations of the United States Fish and Wildlife Service, made under the provisions of an Act of Congress Relating to Migratory Birds. Nothing in this section shall affect the right to kill or have in possession to be sold or offered for sale wild ducks, geese and brant, bred or propagated by any domestic breeder. Any person who violates any provision of this section shall be fined not more than fifty dollars or imprisoned not more than thirty days or both. The possession of each bird or part thereof shall constitute a separate offense.
(1949 Rev., S. 4911; P.A. 90-166, S. 2.)
History: P.A. 90-166 authorized the closed season, bag limit and possession limit to be more stringent than the federal requirements where previously they were to be the same.

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Sec. 26-92. Wild birds other than game birds protected, exception. Game birds defined. No person shall catch, kill or purchase or attempt to catch, kill or purchase, sell, offer or expose for sale or have in possession, living or dead, any wild bird other than a game bird, or purchase or attempt to purchase, sell, offer or expose for sale or have in possession any part of any such bird or of the plumage thereof except as acquired under the provisions of this chapter. For the purposes of this section, the following shall be considered game birds: The anatidae, or waterfowl, including brant, wild ducks and geese; the rallidae, or rails, including coots, gallinules and sora and other rails; the limicolae, or shore birds, including snipe and woodcock; the gallinae, including wild turkeys, grouse, prairie chickens, pheasants, partridge and quail; the corvidae, including crows. No person shall take or needlessly destroy any nest or any egg of any wild bird or game bird nor have any nest or egg of any such bird in possession. English sparrows, starlings and, when in the act of destroying corn, crows and red-winged and crow blackbirds shall not be included among the birds protected by this section. Any conservation officer and any other officer having authority to serve criminal process shall have the same powers relating to violations of the provisions of this section as are conferred by section 26-6.
(1949 Rev., S. 4916; 1951, S. 2504d; 1963, P.A. 509; P.A. 78-97.)
History: 1963 act deleted from list of game birds "the columbidae, including the mourning dove but excluding the street pigeon"; P.A. 78-97 forbade "attempts" to catch, kill or purchase prohibited birds and revised list, deleting "the gruidae, or cranes, including little brown, sandhill and whooping cranes", "avocets, curlews, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers", "stilts, surf birds, turnstones, willet", "yellow-legs", and "when destroying poultry, hawks" and clarified treatment of crows.

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Sec. 26-92a. State purchase of game birds. The purchase by the state of game birds from out-of-state bidders shall be subject to the same terms and conditions, other than those relating to the hatching and raising of such birds, which regulate the purchase by such state of game birds from bidders in this state.
(P.A. 78-39.)

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Sec. 26-93. Harassment or hunting of bald eagle prohibited. Any person who disturbs, molests, harasses, hunts, takes, kills or attempts to kill any bald eagle shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.
(1949 Rev., S. 4917; P.A. 83-191, S. 6, 9.)
History: P.A. 83-191 made disturbance, molestation or harassment of bald eagles subject to the penalty.

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Sec. 26-94. Hunting swan prohibited. Any person who hunts, takes, wounds or kills or attempts to hunt, take, wound or kill any species of swan, including the whistling swan (Cygnus columbianus), the trumpeter swan (Cygnus buccinator) and the mute swan (Stehenelides olor), shall be fined not more than one hundred dollars or be imprisoned not more than thirty days or both.
(1955, S. 2505d.)

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Sec. 26-95. Trapping of birds. No person shall trap, net or snare any bird for which a closed season is provided or which is protected by statute, or set, bait, place or use any net, trap, snare or other device for the purpose of taking any bird. Nothing in this section shall be construed to prevent the setting of traps on poles eight or more feet from the ground for the purpose of taking predatory birds not protected by law, provided the commissioner may issue permits authorizing the taking, by such method as he determines, such birds as become a nuisance or birds that should be controlled because of the damage they do to property, poultry, domestic animals and agricultural crops. No permit shall be required under the provisions hereof by persons authorized by the United States Fish and Wildlife Service to trap birds for the purpose of banding and release provided the commissioner may require such authorized persons to obtain a permit to trap any species of bird listed as endangered, threatened or of special concern as defined in section 26-304.
(1949 Rev., S. 4918; 1957, P.A. 339; 1971, P.A. 872, S. 283; P.A. 90-166, S. 4.)
History: 1971 act replaced reference to director of state board of fisheries and game with reference to environmental protection commissioner; P.A. 90-166 authorized the commissioner to require persons to obtain a permit to trap any species of bird which is endangered, threatened or of special concern.

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Sec. 26-96. Trap shooting. No person shall keep, expose, let loose or suffer to escape any bird or fowl for the purpose of having it shot at for sport, gain, the trial of skill of marksmen or any other purpose, nor shall any person shoot at any bird or fowl that has been kept, exposed, let loose or allowed to escape for the purpose of being shot at. The provisions of this section shall not prohibit the release of legally propagated game birds or the subsequent shooting of such birds during the open season or any extension of such open season.
(1949 Rev., S. 4919.)

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Sec. 26-97. Westport Fire District. Any person who kills any game bird within the limits of the Westport Fire District in the town of Westport shall be fined not less than one dollar nor more than fifty dollars.
(1949 Rev., S. 5010.)

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Sec. 26-98. Penalties. Any person who violates any provision of this part, or any regulation issued by the commissioner pursuant thereto, for which no other penalty is provided, or who makes any material false statement in procuring any permit, shall be fined not less than ten dollars nor more than two hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned, and the possession of each bird or part thereof, taken or possessed in violation of any such provision, shall constitute a separate offense.
(1949 Rev., S. 4921; 1953, S. 2506d; 1957, P.A. 272; 1971, P.A. 872, S. 284.)
History: 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner.

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PART VII
FISH AND GAME REFUGES

Sec. 26-99. Establishment of fish and game refuges. The commissioner may establish state fish and game refuges and may, in the name and for the use of the state, lease any tract of land, stream, lake, pond or part thereof in the state suitable for the propagation and preservation of fish and game and may accept any gift of any interest in any land, stream, lake, pond or part thereof or any personal property to be used for the purpose of propagating or protecting wildlife upon such conditions as may be agreed upon between the donor and the commissioner, subject to the approval of the Attorney General, concerning any condition in relation to the use of the principal of any such gift or any income therefrom, and the commissioner may exercise all of the authority of any owner of any such property for such purposes. No provision of this section shall be construed as limiting the right of the donor to exercise all of the rights incident to ownership of such property, except as such rights may be limited by the conditions of his gift.
(1949 Rev., S. 4922; 1971, P.A. 872, S. 285.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.
See Sec. 26-69 re wildlife management practices.

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Sec. 26-100. Posting notices. The commissioner shall cause such notices to be posted along or near the boundary lines of fish and wildlife refuges, closed areas, management areas, fish hatcheries, fish rearing pools and fish retaining ponds forbidding entrance therein as will, in his judgment, fairly warn any unauthorized person not to enter upon such premises; but the removal or destruction of such notices after posting shall not be a defense in any prosecution under this chapter.
(1949 Rev., S. 4923; 1971, P.A. 872, S. 286.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.
See Sec. 26-21 re penalty for destruction of notices posted by Environmental Protection Department or of department equipment.

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Sec. 26-101. Wildlife refuges and closed areas. The commissioner may establish wildlife refuges, closed areas or safety zones on public lands or waters or, providing he first obtains the necessary written consent, on private lands and waters. The commissioner may close any such area, or portion of any such area, to hunting, trapping, fishing, other public use, or trespassing, when he determines such closure to be necessary for the management of any wildlife or plant species or for public safety. The commissioner shall cause notice of such closure, including the length of any such closure, to be posted near the boundary lines or near any area, or portion of any area, closed pursuant to this section. Any person who uses any area in violation of any such notice of closure shall be fined not more than two hundred dollars or be imprisoned not more than sixty days or both.
(1955, S. 2482d, 2507d; 1971, P.A. 872, S. 287; P.A. 97-250, S. 2.)
History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 97-250 made technical and grammatical changes, added criteria for closure of areas under this section, required posting of notice of such closure and provided that the penalty under this section applies in the case of a use of an area in violation of such notice.

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Sec. 26-102. Fish spawning areas and refuges. The commissioner may establish fish spawning areas and refuges on any waters; and he may establish closed areas and safety zones on public lands and waters and, with the consent of the owner, on private lands and waters, and close any such area to fishing and trespassing. The commissioner shall have emergency authority to declare a closed season on any species of fish threatened with undue depletion from any cause and, the provisions of section 26-116 notwithstanding, if such cause is any person, firm or corporation engaged in commercial fishing activity, the commissioner shall have the additional emergency power to establish prescribed conditions for the operation of such commercial fishing activity, or suspend or prohibit the right of such person, firm or corporation to operate within such waters for such period of time as the commissioner deems necessary. The commissioner may, if he deems it necessary, close any waters, or portions thereof, in the inland district to fishing for limited periods of time.
(1955, S. 2508d; February, 1965, P.A. 253, S. 1; 1971, P.A. 872, S. 288.)
History: 1965 act added provisions granting board of fisheries and game emergency power to regulate commercial fishing activity; 1971 act substituted references to environmental protection commissioner for references to state board of fisheries and game.
See Secs. 26-116 and 26-117 re exceptions to provisions of this section and penalty for violation of provisions, respectively.

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Sec. 26-103. Management and preservation of islands in and marshes in or bordering the Housatonic River. All islands in the Housatonic River and all marshes in or bordering the Housatonic River, extending from the mouth of the river to the upper limits of its tidal fluctuation, are set aside as wildlife habitats and shall be under the exclusive jurisdiction and control of the Commissioner of Environmental Protection. The commissioner shall have the same powers in reference to such islands and marshes as are provided in section 26-16. Such islands or marshes or such portions thereof as are recorded in private ownership shall not be included under the jurisdiction of the commissioner, but such jurisdiction shall extend to all such islands and marshes or portions thereof as are owned or as may be acquired by the state or for the use of the state pursuant to said section 26-16.
(1955, S.A. 290; 1971, P.A. 872, S. 289.)
History: 1971 act replaced state board of fisheries and game with commissioner of environmental protection.

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Sec. 26-104. Bantam Lake sanctuary. No person shall hunt, take, kill or attempt to kill any duck, geese, brant, swan or other waterfowl or shore birds or waders protected by law, resting on or flying over the waters of Bantam Lake or that part of Bantam River located between said lake and a distance of five hundred feet below the second highway bridge located adjacent to the jambs, so called, or shall kill or attempt to kill any such birds within a distance of two hundred feet from the water level of said lake. The commissioner or any agent of the department may, within the discretion of the commissioner, take and kill wild animals or birds in or above said waters which said commissioner determines to be destructive of any wildlife protected by the provisions of this chapter. The commissioner may, with the approval of the Governor, build or erect a structure or dam with a fish screen thereon on Bantam River, but such structure or dam shall not contain a gate. Any person who violates any provision of this section shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.
(1949 Rev., S. 5008, 5009; 1971, P.A. 872, S. 290.)
History: 1971 act replaced references to board of fisheries and game and its agents with references to environmental protection commissioner and agents of environmental protection department.

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Sec. 26-105. Lake Wononscopomuc sanctuary. Limited hunting. No person shall hunt, take, kill or attempt to kill any duck, goose, brant, swan or other waterfowl or shore bird or wader protected by law, resting on or flying over the waters of Lake Wononscopomuc, or kill or attempt to kill any such bird within a distance of five hundred feet from the water level of said lake except that when in the opinion of the first selectman and the conservation commission, waterfowl have reached numbers that are considered a nuisance or threaten to affect adversely the quality of the water of said lake, the chief executive officer of the town of Salisbury, acting as the issuing agent of the Department of Environmental Protection, may issue permits to hunt such waterfowl. Any person violating this section shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both. The commissioner or any agent of the department may, within the discretion of said commissioner, take and kill wild animals or birds in or above said waters which the commissioner determines to be destructive of any wildlife protected by the provisions of this chapter.
(1953, S. 2553d; 1971, P.A. 872, S. 291; P.A. 75-325.)
History: 1971 act replaced references to board of fisheries and game and its agents with references to environmental protection commissioner and agents of environmental protection department; P.A. 75-325 increased distance which hunters of waterfowl must be from water level of lake from two to five hundred feet and added exception for situations where waterfowl are so numerous as to threaten lake's water quality.

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Sec. 26-106. Milford refuge. That portion of Milford Harbor extending from Memorial Bridge to the Milford breakwater and that portion of Gulf Pond extending from land of the New York, New Haven and Hartford Railroad Company to said breakwater and that portion of the upland known as harbor side of Wilcox Park located on the east side of said Milford Harbor, comprising five acres more or less, is established as a state refuge for wildlife. The territory within the limits above described shall be subject to all provisions of the general statutes relating to state refuges for wildlife and to the regulations of the commissioner relating to such refuges.
(1931, S.A. 54; 1947, S.A. 136; 1971, P.A. 872, S. 292.)
History: 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner.

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Sec. 26-107. Hunting and trapping on wildlife refuge or closed area. No person shall, at any time, enter upon any state wildlife refuge or closed area to take, hunt, trap, snare, net, pursue, kill or destroy, or attempt to take, hunt, kill or destroy, any wildlife or disturb, destroy or remove the nest or egg of any bird or permit his dog to enter such wildlife refuge or closed area, and no person shall take, hunt, shoot, kill, pursue or trap any wildlife in any lane, road or highway adjacent to any land owned, leased or controlled by the state as a wildlife refuge or closed area; provided the commissioner or any person designated by him may take, hunt, kill or trap any fox, skunk, raccoon, wildcat, muskrat, mink, weasel, hawk, owl or other predacious bird or animal in any state wildlife refuge or closed area. The detection of any person with any firearm, bow and arrow, trap, snare, net or dog upon any state wildlife refuge or closed area shall be prima facie evidence of a violation of the provisions of this section. Any person who violates any provision of this section shall be fined not more than one hundred dollars.
(1949 Rev., S. 4924; 1971, P.A. 872, S. 293.)
History: 1971 act replaced reference to director of board of fisheries and game with reference to environmental protection commissioner.

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Secs. 26-107a to 26-107e. Reserved for future use.

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PART VIIa
CONSERVATION PROGRAM
FOR NONHARVESTED WILDLIFE

Sec. 26-107f. Program for the conservation of nonharvested wildlife. (a) The General Assembly declares it to be the policy of the state to manage harvested and nonharvested wildlife to insure their continued participation in the ecosystem and to accord special protection to any endangered species or subspecies of wildlife indigenous to the state in order to maintain and enhance their numbers.
(b) The Commissioner of Environmental Protection shall establish a conservation program for species not traditionally harvested which shall include provisions for the following: Resource inventory, habitat conservation, monitoring of environmental impacts, conservation of endangered and threatened species, wildlife recreation management, wildlife conservation education, private landowner assistance, urban wildlife conservation, problem animal management and scientific research, planning, administration and development.
(P.A. 86-370, S. 1, 6.)

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Sec. 26-107g. Citizen's Advisory Board for Nonharvested Wildlife. Membership. Duties. Section 26-107g is repealed.
(P.A. 86-370, S. 2, 6; P.A. 95-38, S. 8.)

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Sec. 26-107h. Annual report. On or before February first, annually, the Commissioner of Environmental Protection shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to the environment a report on the progress of the program established under section 26-107f, the purposes for which any funds allocated to said program were expended and the future of the program.
(P.A. 86-370, S. 3, 6; P.A. 95-38, S. 3.)
History: P.A. 95-38 deleted requirement that report respond to recommendations by board established under former Sec. 26-107g.

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Sec. 26-107i. Sale of wildlife stamps, prints, publications and other items. Allocation revenue. The Commissioner of Environmental Protection may establish a program for the sale of wildlife stamps, prints, posters, calendars, publications or other items. Any revenue received from the sale of such goods or materials shall be deposited in the General Fund and allocated to the program established under section 26-107f.
(P.A. 86-370, S. 4, 6; P.A. 89-351, S. 6, 11.)
History: P.A. 89-351 made establishment of program permissive rather than mandatory and expanded scope of program to include posters, calendars, publications or other items.

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PART VIII*
SPORT FISHING

*Fishery is a common right in navigable river. 1 R. 217; 5 D. 72; 1 C. 383; 8 C. 240. An interference with this right is actionable. 1 R. 219; 5 D. 76. The adjoining proprietor has the exclusive right to fish from his own land. 5 D. 77; 1 C. 382. An exclusive right of fishing may arise only by grant or prescription. 1 C. 383; 8 C. 240. Where several are responsible for a breach of law, each is liable. 2 C. 312.

Sec. 26-108. Inland waters and marine district defined. The commissioner may, after public notice and hearing, determine the location of a line across any stream flowing into Long Island Sound, Fishers Island Sound or Little Narragansett Bay, or any tributary thereof, above which line such water shall be known as "inland water" and below which line such water shall be known as the "marine district". Such notice shall be published at least twice in a newspaper having a circulation in the county within which any such stream enters either of said sounds or said bay.
(1949 Rev., S. 4926; 1971, P.A. 872, S. 294.)
History: 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner.

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