File No. 334

House of Representatives, April 14, 2003

The Committee on Environment reported through REP. WIDLITZ of the 98th Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass.

AN ACT CONCERNING THE ENDANGERED SPECIES PROGRAMS OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 26-93 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

Any person who disturbs, [molests, harasses,] hunts, takes, kills or attempts to kill any bald eagle or disturbs any active bald eagle nest shall be fined not more than one [hundred] thousand dollars or imprisoned not more than thirty days or both. Any person who enters a posted no access area for a bald eagle or a posted no access area for an active bald eagle nest shall be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.

Sec. 2. Section 26-40a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

For the purposes of this section, the following wildlife or any hybrid thereof, shall be considered as potentially dangerous animals: The felidae, including, but not limited to, the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx and bobcat; the canidae, including, but not limited to, the wolf and coyote; and the ursidae, including, but not limited to, 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. All costs associated with the confiscation, care and maintenance of the potentially dangerous animal until such time as the animal is disposed of or is permanently relocated to a proper facility shall be the responsibility of the owner or the person in illegal possession of the animal. Any person who violates any provision of this section shall be [fined not more than one hundred dollars for each offense] assessed a civil penalty not to exceed one thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Commissioner of Environmental Protection may request the Attorney General to institute an action in superior court to recover such penalty and any cost associated with the confiscation, care and maintenance of any such animal. 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.

Sec. 3. Section 26-55 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

No person shall import or introduce into the state, or possess or liberate therein, any live fish, wild bird, wild [quadruped] mammal, reptile, [or] amphibian or invertebrate 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] the commissioner may prescribe. The commissioner may by regulation prescribe the numbers of live fish, wild birds, wild [quadrupeds] mammals, reptiles, [and] amphibians or invertebrates 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] The commissioner may by regulation determine which species of wild birds, wild [quadrupeds] mammals, reptiles, [and] amphibians or invertebrates must meet permit requirements. [He] The commissioner may totally prohibit the importation, possession, introduction into the state or liberation therein of certain species which [he] the commissioner has determined may be a potential threat to humans, agricultural crops or established species of plants, fish, birds, [quadrupeds] mammals, reptiles, [or] amphibians or invertebrates. 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] mammals, reptiles, [and] amphibians or invertebrates are held in strict confinement. Any such fish, bird, [quadruped] mammal, reptile, [or] amphibian or invertebrate 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] mammal, reptile, [or] amphibian or invertebrate 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.

Sec. 4. Section 26-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

No person shall transport within the state or transport out of the state any fish, bird, [quadruped] mammal, reptile, [or] amphibian or invertebrate 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] mammal, reptile, [or] amphibian or invertebrate protected under the provisions of this chapter under such regulations as [he] the commissioner may prescribe. No fish, bird, [quadruped] mammal, reptile, [or] amphibian or invertebrate 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] mammal, reptile, [or] amphibian or invertebrate. Any such fish, bird, [quadruped] mammal, reptile, [or] amphibian or invertebrate 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] mammal, reptile, [or] amphibian or invertebrate 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] mammals, reptiles, [or] amphibians or invertebrates, and no permit shall be required to transport within the state or to transport out of the state any fish, bird, [quadruped] mammal, reptile, [or] amphibian or invertebrate 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.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation:

Requiring that the cost of care, confiscation, and maintenance of potentially dangerous animals be the responsibility of the owner or person in possession of the animal instead of the state or facility could result in a savings to the state. The Department of Environmental Protection (DEP) is not incurring significant costs at this time, however, each case can cost thousands of dollars. There have been very few cases. Providing that the DEP does not pay the costs could result in additional cases, but the overall number of cases is anticipated to be minimal.

The bill increases certain fines and expands existing prohibitions related to endangered species. The potential revenue gain from infractions and civil penalties is expected to be minimal. It is anticipated that no one would be incarcerated under the bill. The Attorney General’s office would be able to handle cases referred to it under the bill without the need for additional appropriations.



OLR Bill Analysis

HB 6394

AN ACT CONCERNING THE ENDANGERED SPECIES PROGRAMS OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

SUMMARY:

This bill increases, from $100 to $1,000, the fine for disturbing, hunting, taking, killing, or attempting to kill a bald eagle. As under current law, it is also punishable by up to 30 days in prison. It prohibits people from disturbing an active bald eagle nest, and from entering a posted no access area for either a bald eagle, or an active bald eagle nest. Violators are subject to a fine of up to $1,000 and up to 30 days in prison.

By law, certain wild animals are potentially dangerous and it is illegal for people to own them (see BACKGROUND). The bill makes hybrids of such wild animals also potentially dangerous animals. The bill makes the owner, or the person in illegal possession, of such a potentially dangerous animal responsible for the costs associated with the animal’s confiscation, care, and maintenance until the animal is either disposed of or placed in a proper facility. It increases the penalty for illegal possession of such animals from $100 to a maximum of $1,000 per offense, and makes each violation and each day of illegal possession a separate offense. It authorizes the environmental protection commissioner to ask the attorney general to sue in Superior Court to recover the fine and any costs associated with the animal’s confiscation, care, and maintenance.

By law, no person can import or introduce into the state, possess, or liberate in the state any live fish, wild bird, wild quadruped (four-legged animal), reptile, or amphibian without a permit from the commissioner. The bill expands the law to include invertebrates (animals without backbones) and all mammals, thereby including such animals as bats and primates (monkeys, apes, and lemurs). Current law authorizes the commissioner to (1) prescribe the number of these animals that may be imported, possessed, introduced, or liberated; (2) exempt certain species from permit requirements; (3) prohibit the importation, introduction, possession, or liberation of species he determines to be a potential threat to people, crops, or established species of plants and animals; (4) exempt certain institutions, such as zoos, from permit requirements; and (5) seize and dispose of illegally imported or illegally possessed animals. Each violation of the law is an infraction.

Current law also prohibits the transport within the state or from the state of fish, birds, quadrupeds, reptiles, and amphibians for which a closed season exists without a permit from the commissioner. The bill expands the law to include invertebrates and all mammals, thereby including such animals as bats and primates. Current law requires that any of these animals transported out of state be conspicuously tagged and labeled with the full name and address of the person authorized to transport such animal. Failure to attach such a tag is prima facie evidence of a violation of the law. It exempts from these permit requirements the transport of an animal (1) legally taken; (2) bred, propagated, or possessed by a person licensed or otherwise authorized to do so; (3) or exempt from licensing requirements. Violators are subjects to fines of between $10 and $200 and up to 60 days in prison.

EFFECTIVE DATE: October 1, 2003

BACKGROUND

Potentially Dangerous Animals

By law, potentially dangerous animals include, but are not limited to, wild cats, such as lions, leopards, cheetahs, jaguars, ocelots, jaguarundis (central American wildcats), pumas, lynxes, and bobcats; wild dogs, such as wolves and coyotes; and black, brown and grizzly bears.

Infractions

Infractions are punishable by fines, usually set by a Superior Court judge, plus additional fees and surcharges. An infraction is not a crime. Violators do not have criminal records and can pay the fine by mail without making a court appearance.

COMMITTEE ACTION

Environment Committee

Joint Favorable Report