AN ACT CONCERNING BOATING SAFETY.

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

Section 1. Section 15-3a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

For the purposes of this chapter:

(1) ["Derelict] "Abandoned vessel" means: [any] (A) A vessel, scow, lighter or similar floating structure or part thereof, whether or not moored, anchored or made fast to shore, that is broken or altered to such an extent that it will not keep afloat with ordinary care; (B) a vessel, scow, lighter or similar floating structure or part thereof left unattended and afloat, anchored, moored, docked, submerged, beached or made fast to land in a position that interferes with or otherwise poses a danger to navigation, or is in a condition that creates a hazard to other vessels in a waterway, a hazard to public safety or a hazard to the property of another; or (C) a vessel, scow, lighter or similar floating structure or part thereof left unattended for more than twenty-four hours on public or private property without the consent of the property owner or without authorization by law;

(2) "Harbor" means a place on navigable waters, as defined by this section, where water-borne commercial or recreational traffic enters for the purpose of anchorage or docking or the unloading or receiving of cargo, supplies, equipment, fuel or passengers;

(3) "Navigable waters" means waters which are subject to the ebb and flow of the tide shoreward to their mean high-water mark;

(4) "Navigable waterways" means waters which are physically capable of supporting water-borne traffic, and subject to the ebb and flow of the tide;

(5) "Removing authority" means a harbor master, a deputy harbor master, a chief executive official of a municipality or such chief executive official's designee, a state police officer, the Commissioner of Transportation or said commissioner's designee, or the Commissioner of Environmental Protection or said commissioner's designee; and

(6) "Waters of this state" means all waters, including navigable waters, within the territorial limits of the state.

Sec. 2. Section 15-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) When the [master or] owner or operator of or agent for such owner or operator for any vessel lying within the navigable waters of this state [, or the person having the same in charge,] wilfully neglects or refuses to obey the order of any harbor master performing [his] such harbor master's duties under the provisions of this chapter, such harbor master may cause such vessel to be removed at the expense of the owner. Any [such master,] owner, [or person] operator or agent in violation of this section shall be deemed to have committed an infraction and shall be fined eighty-five dollars.

(b) A harbor master may notify any officer attached to an organized police department or any state police officer that [a master or] an owner, owner's agent or operator of a vessel is in violation of the provisions of subsection (a) of this section. Any such officer may remove and take such vessel into custody and shall give written notice by certified mail, return receipt requested, to the owner, [or master] owner's agent or operator of such vessel, if known, and to any person or entity that has filed a legal or equitable interest claim regarding the vessel with the Secretary of the State, which notice shall state (1) that the vessel has been taken into custody and stored, (2) the location [of storage of] from which the vessel was removed, (3) that such vessel may be sold after fifteen days if the market value of such vessel does not exceed five hundred dollars or after [ninety] thirty days if the value of such vessel exceeds five hundred dollars, and (4) that the owner, owner's agent or operator or any person or entity claiming a legal or equitable interest in the vessel has a right to contest the validity of [such taking by application, on a form prescribed by the Commissioner of Transportation, to the hearing officer named in such notice] the custody, removal or storage of the vessel pursuant to this section at a hearing and that if a request for such hearing is made, such request shall be in writing to such officer and shall be made within ten days from the date of such notice. [Such application forms shall be made readily available to the public at all offices of the Department of Transportation and at all state and local police departments.] Such hearing request shall include the following: (A) The name, address and telephone number of the person or entity requesting the hearing; (B) a description of the vessel; and (C) the location from which the vessel was removed, if known.

(c) [The] (1) Upon receipt of a request for a hearing pursuant to subsection (b) of this section, the officer shall notify the chief executive [officer of each town may] official of the town from which the vessel was removed of the hearing request and such chief executive official shall appoint a suitable person [, who shall not be a member of any state or local police department,] to be a hearing officer to hear applications to determine whether or not the taking of the vessel was authorized under the provisions of this section. Two or more towns may join in appointing such officer; provided any such hearing shall be held at a location which is as near to the town where such vessel was [located] removed, as is reasonable and practicable. The [commissioner shall] Commissioner of Transportation may establish by regulation the qualifications necessary for hearing officers and procedures for the holding of such hearings. (2) The hearing shall be limited to a determination of the validity of the custody, removal or storage of the vessel under the provisions of this section. If it is determined at such hearing that the [owner or master was in violation of subsection (a) of this section,] custody, removal or storage of the vessel was authorized under this section, the owner, [or master of] owner's agent, operator or person or entity claiming a legal or equitable interest in such vessel shall be liable for any expenses incurred as a result of such custody, removal [, or] or storage and the costs and expenses incident to such custody, removal [,] or storage, including legal expenses and court costs incurred in such [recovery] custody, removal or storage. If [it is determined at such hearing] the hearing officer determines that the [owner or master was not in violation of subsection (a) of this section, the owner or master] custody, removal or storage of such vessel was not authorized under this section, the owner, owner's agent, operator or person or entity claiming a legal or equitable interest in the vessel shall not be liable for any expenses incurred as a result of such [removal] custody, removal or storage or for the costs and expenses incident to such [removal,] custody, removal or storage, including legal expenses and court costs incurred in such [recovery] custody, removal or storage. If, prior to the hearing officer's decision, the owner, owner's agent, operator or person or entity claiming a legal or equitable interest in the vessel reimburses the officer for all costs associated with the custody, removal or storage of the vessel and it is determined at the hearing that the custody, removal or storage of the vessel was not authorized under the provisions of this section, the officer shall reimburse the owner, owner's agent or operator or person or entity claiming a legal or equitable interest in the vessel the amount paid by such owner, owner's agent, operator or person or entity. Any person aggrieved by the decision of such hearing officer may, within fifteen days of the notice of such decision, appeal to the superior court for the judicial district wherein such hearing was held.

(d) [The] Not earlier than fifteen days or more than thirty days after written notice has been made pursuant to subsection (b) of this section, the state or local police department [which has custody of the removed vessel shall have the power to] may sell such vessel at public auction in accordance with the provisions of this section. The state or local police department shall apply the [avails] proceeds of such sale, after satisfaction of any security interests filed with the Secretary of the State, toward the payment of its charges, any storage charges and the payment of any debt or obligation incurred by the officer who placed the [same] vessel in storage. Such sale shall be advertised twice in a newspaper published or having a circulation in the town where such vessel [is stored or other place is located three times] was removed, commencing at least five days before such sale; and, if the last place of abode of the owner, owner's agent or operator of such vessel is known to or may be ascertained by the state or local police by the exercise of reasonable diligence, notice of the time and place of sale shall be given him by mailing such notice to him in a registered or certified letter, postage paid, at such last usual place of abode, at least five days before the [time] day of the sale. [The state or local police department shall report the sales price, storing and towing charges, if any; buyer's name and address; identification of the vessel and such other information as may be required in regulations which shall be adopted by the Commissioner of Transportation in accordance with the provisions of chapter 54, to the commissioner within fifteen days after the sale of the vessel.] Notice of such sale shall be sent at least five days before the day of the sale to any person or entity who has filed with the Secretary of the State claiming a legal or equitable interest in the vessel. Notice of such sale shall be sent to the Commissioners of Environmental Protection and Motor Vehicles, and to the harbor master in the town in which the vessel was removed. Upon receipt of the notice, the Commissioner of Environmental Protection shall make a reasonable attempt to determine if the vessel was stolen and shall provide such determination to the officer. The proceeds of such sale, after satisfaction of any security interests filed with the Secretary of the State and after deducting the amount due for [any] custody, removal and storage charges and all expenses connected with such sale [, including the expenses of the officer who placed such vessel in storage,] shall be paid to the owner, owner's agent or operator of such vessel or [his] such owner's, owner's agent's or operator's legal representatives, if claimed by [him or] them at any time within one year from the date of such sale. If such balance is not claimed within said period, it shall escheat to the municipality from which the vessel was removed. If the satisfaction of security interests filed with the Secretary of the State, the expenses incurred by the [municipality] state and local police department for such custody, removal, [and towing] storage and [the] sale of such vessel and any fines exceed the proceeds of such sale, the owner, owner's agent or operator of the vessel shall be liable for such excess [amount. A vessel may not be sold in accordance with the provisions of this section until: (1) The expiration of the time period under subdivision (3) of subsection (b) of this section, and (2) a final decision has been rendered in connection with an application filed pursuant to subdivision (4) of subdivision (b) of this section] expenses.

[(e) The Commissioner of Transportation shall adopt regulations in accordance with the provisions of chapter 54, to carry out the provisions of this section.]

(e) Liability for damages to persons or property caused by actions pursuant to this section of political subdivisions of the state or any employee, officer or agent thereof shall be governed pursuant to section 52-557n.

Sec. 3. Section 15-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No person shall abandon a vessel on waters of this state or on public or private property without the consent of the property owner or without authorization by law.

[(a) A duly authorized harbor master] (b) An officer who removes a vessel pursuant to section 15-9 shall determine whether a vessel is [a derelict] an abandoned vessel. Upon such determination, the [Commissioner of Transportation, such harbor master or a duly authorized representative of a municipality] removing authority may cause such [derelict] abandoned vessel to be removed at the expense of any owner, owner's agent or operator of such [derelict] abandoned vessel and may recover the expense of such removal, together with the costs and expenses incident to such removal, including legal expenses and court costs incurred in such recovery, from the owner, agent or operator of such vessel in an action founded upon this section. The last owner of record of such vessel shall be responsible for such vessel. [After consultation with the Commissioner of Transportation, the Commissioner of Environmental Protection may consider any such vessel to be an encroachment subject to the provisions of sections 22a-359 to 22a-363f, inclusive.]

(c) The chief executive official of each municipality shall provide the Commissioner of Environmental Protection the name, title and contact information of his or her designee for purposes of this section. Within existing appropriations, said commissioner shall develop a training program for persons responsible for removing abandoned vessels under this section.

[(b)] (d) Prior to removing and taking such [derelict] abandoned vessel into custody, the [Commissioner of Transportation, a duly authorized harbor master or a duly authorized representative of a municipality] removing authority shall make a reasonable attempt to notify the owner, owner's agent or operator of the vessel and any person or entity who has filed a legal or equitable interest claim in the vessel with the Secretary of the State and shall allow such owner, owner's agent or operator or such person or entity claiming a legal or equitable interest to make arrangements for removal of the vessel. Such notification shall be sent certified mail, return receipt requested, and shall inform the owner, owner's agent or operator or person or entity claiming a legal or equitable interest in the vessel that, pursuant to this section, if the vessel is not removed within [twenty-four] seventy-two hours of notification, it [shall] may be removed, taken into custody and stored at the owner, agent or operator's expense or at the expense of any person or entity having a legal or equitable interest in the vessel.

[(c)] (e) Prior to removing [a derelict] and taking into custody an abandoned vessel, the [Commissioner of Transportation, a duly authorized harbor master or a duly authorized representative of a municipality] removing authority shall affix to such vessel a readily visible notification sticker. The notification sticker shall contain the following information: (1) The date and time the notification sticker was affixed to the vessel, (2) a statement that, pursuant to this section, if the vessel is not removed within [twenty-four] seventy-two hours of the time the sticker was affixed, it [shall] may be taken into custody and stored at the [owner's expense] owner's, owner's agents or operator's expense or at the expense of any person or entity having a legal or equitable interest in the vessel, (3) the location and telephone number where additional information may be obtained, and (4) the identity of the person who affixed the sticker.

[(d)] (f) If the [derelict] abandoned vessel is not removed by the owner, owner's agent or operator or person or entity having a legal or equitable interest in the vessel within the time period provided in subsection [(c)] (e) of this section, the [Commissioner of Transportation, a duly authorized harbor master or a duly authorized representative of a municipality] removing authority may direct that such vessel be removed and taken into custody and may cause the same to be stored in a suitable place.

[(e)] (g) If [a derelict] an abandoned vessel is removed and taken into custody pursuant to subsection [(d)] (f) of this section, the [Commissioner of Transportation, a duly authorized harbor master or a duly authorized representative of a municipality] removing authority shall give written notice, by certified mail, return receipt requested, to the owner, owner's agent or operator of such vessel, if known, and to any person or entity having a legal or equitable interest in the vessel, which notice shall state: (1) The vessel has been removed, taken into custody and stored, (2) the location from which the vessel was removed, [and (3) that the vessel may be disposed of after fifteen days if the market value of such vessel, as determined by a certified marine surveyor, does not exceed two thousand dollars or] (3) that the vessel may be sold after [ninety] thirty days, pursuant to the provisions of subsection [(f)] (i) of this section, and (4) that the owner, owner's agent or operator of the vessel, or any person or entity having a legal or equitable interest therein has a right to contest the validity of the custody, removal or storage of the vessel under the provisions of this section at a hearing, and may request such hearing in writing to the removing authority not later than ten days after the date of the notice, which request shall include the following information: (A) The name, address and telephone number of the owner, owner's agent or operator of the abandoned vessel or person or entity having a legal or equitable interest therein who has requested the hearing; (B) a description of the vessel removed; and (C) the location from which the vessel was removed, if known.

(h) Upon receipt of a request for a hearing pursuant to subsection (g) of this section, the removing authority shall notify the chief executive official of the town in which the vessel was abandoned of the hearing request and such official shall appoint a suitable person as a hearing officer. The Commissioner of Transportation may establish by regulation the qualifications necessary for hearing officers and procedures for the holding of such hearings. The hearing shall be limited to a determination of the validity of the custody, removal and storage of the vessel under the provisions of this section. If it is determined at the hearing that the custody, removal and storage of the vessel was authorized under the provisions of this section, then the owner, owner's agent or operator of the vessel or the person or entity having a legal or equitable interest therein shall be liable for reimbursing the removing authority for all costs associated with the custody, removal and storage of the vessel, as well as any other costs incurred by the removing authority under this subsection. If it is determined at the hearing that the custody, removal and storage of the vessel was not authorized under the provisions of this section, the owner, owner's agent or operator of the vessel or person or entity having a legal or equitable interest therein shall not be liable for reimbursing the removing authority. If the owner, owner's agent or operator of the vessel or person or entity having a legal or equitable interest therein, prior to the hearing officer's decision, reimburses the removing authority for all costs associated with the custody, removal and storage of the vessel and it is determined at the hearing that the custody, removal and storage of the vessel was not authorized under the provisions of this section, the removing authority shall reimburse the owner, owner's agent or operator of the vessel or person or entity having a legal or equitable interest therein for such amounts paid. The removing authority shall designate a suitable person who shall be responsible for the collection of data concerning abandoned vessels and the preparation and submission of periodic reports to the Commissioner of Environmental Protection, which reports shall contain such information as the commissioner may require. Any person aggrieved by the decision of a hearing officer under this section may, not later than fifteen days after receipt of notice of such decision, appeal such decision to the superior court for the judicial district where such hearing was held.

[(f) Ninety] (i) Thirty days or more after written notice has been given pursuant to subsection [(e)] (g) of this section, the [Commissioner of Transportation, a duly authorized harbor master or a duly authorized representative of a municipality] removing authority may sell [a derelict] an abandoned vessel at public auction in accordance with the provisions of this section. The [commissioner, harbor master or authorized agent of a municipality] removing authority shall apply the proceeds of such sale, after satisfaction of any security interests filed with the Secretary of the State, toward the payment of its charges, any storage charges and the payment of any debt or obligation incurred by [the commissioner, harbor master or agent] the removing authority who placed the vessel in storage. Such sale shall be advertised twice in a newspaper published or having a circulation in the town where such vessel [is stored or is located] was abandoned, commencing at least five days before such sale; and, if the last place of abode of the owner, owner's agent or operator of such vessel is known to or ascertained by the [commissioner, harbor master or agent] removing authority by the exercise of reasonable diligence, notice of the time and place of the sale shall be given to such owner, owner's agent or operator by sending such notice to the owner, owner's agent or operator, certified mail, return receipt requested, at such last place of abode at least five days before the day of the sale. Not later than five days before the day of the sale, notice of the time and place of the sale shall be sent to the Commissioners of Environmental Protection and Motor Vehicles to any person who has filed with the Secretary of the State claiming a legal or equitable interest in the vessel. Upon receipt of such notice, the Commissioner of Environmental Protection shall make a reasonable attempt to determine if the abandoned vessel has been stolen and shall provide such determination to the removing authority. The proceeds of such sale, after satisfaction of any security interests filed with the Secretary of the State and after deducting any amount due for custody, removal and storage charges and all expenses connected with such sale, shall be paid to the owner, owner's agent or operator of such vessel or the owner, owner's agent or operator's legal representatives, if claimed by the owner, owner's agent or operator or the owner, owner's agent or operator's legal representative at any time within one year from the date of such sale. If such balance is not claimed within said period, it shall [escheat to the municipality from which the vessel was removed] be deposited into the boating account established pursuant to section 15-155. If the satisfaction of security interests filed with the Secretary of the State, expenses incurred by the [commissioner, harbor master or agent] removing authority for such custody, removal and storage and sale of such vessel and any fines exceed the proceeds of such sale, the owner, agent or operator of the vessel shall be liable for such excess expenses. If no one purchases the vessel at the public auction, the removing authority may either retain or dispose of the vessel. If the removing authority retains or disposes of the vessel because no one purchased the vessel at the public auction, the owner, owner's agent or operator of the vessel shall remain liable for the satisfaction of security interests filed with the Secretary of the State, all expenses incurred by the removing authority for the custody, removal and storage of such vessel and any fines imposed pursuant to section 15-9, as amended by this act.

[(g) The Commissioner of Transportation may require the owner, agent or operator to furnish a performance bond in an amount sufficient to cover the estimated costs of removal as determined by the commissioner.]

(j) A removing authority that incurs expenses in carrying out this section shall be entitled to reimbursement from moneys in the boating account established pursuant to section 15-155, including moneys collected pursuant to this section, for up to ninety per cent of the actual costs incurred by such removing authority when the owner of the abandoned vessel is either unknown after a reasonable search effort or is insolvent. The removing authority shall be responsible for at least ten per cent of actual costs it has incurred. The determination regarding amounts reimbursed under this subsection shall be made by the Commissioner of Environmental Protection. Said commissioner may adopt regulations, in accordance with the provisions of chapter 54, to establish procedures for submitting requests for reimbursement, within existing appropriations, and criteria for allocating funds for such reimbursement.

(k) Liability for damages to persons or property caused by actions pursuant to this section of political subdivisions of the state or any employee, officer or agent thereof shall be governed pursuant to section 52-557n.

Sec. 4. Section 15-129 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) [The provisions of this section shall apply to vessels] Vessels operated on state and federal waters shall comply with the federal and state safety and equipment requirements contained in this chapter. The federal requirements cited in this section are incorporated herein by reference. (1) Every vessel shall [carry for each person on board, so placed as to be readily accessible, at least one buoyant personal flotation device. The operator or owner of any vessel being used for recreational purposes, other than a vessel required to have a certificate of inspection issued by the Coast Guard, shall require any child under twelve years of age who is aboard such vessel to wear a personal flotation device while such vessel is underway unless the child is below deck or in an enclosed cabin] comply with the requirements of 33 CFR 175.11 to 175.25, inclusive, as amended from time to time, regarding the number and type of personal flotation devices required to be on board the vessel, including requirements regarding the use of personal flotation devices by children. Sailboards shall be exempt from carrying a personal flotation device if the mast of the sailboard is secured to the hull by a leash or safety line. (2) Every motorboat with enclosed fuel storage space or an enclosed engine compartment shall [be equipped with devices for ventilating flammable or explosive gases] comply with the requirements of 46 CFR Subpart 25.40 and 33 CFR 175.201, as amended from time to time, regarding ventilation. (3) Every motorboat with a carbureted inboard engine shall [have the carburetor of such engine equipped with a flame arrestor or backfire trap unless such engine is mounted in the aftermost part of the vessel with no provisions for carrying passengers behind the forward edge of the engine and the carburetor of such engine has its intake opening above the gunwale line of the vessel in the open atmosphere and mounted so backfire flames are directed to the rear or vertically away from the vessel and its occupants] comply with the requirements of 46 CFR Subpart 25.35, as amended from time to time, regarding backfire flame controls. (4) Every motorboat shall have its engine equipped with an effective muffler or muffler system. (5) All [inboard] motorboats [, all outboard motorboats twenty-six feet or over in length, and all outboard motorboats less than twenty-six feet in length which have a compartment in which gases may accumulate, shall be equipped with a fire extinguisher] shall comply with the requirements of 46 CFR Subpart 25.30, as amended from time to time, regarding fire extinguishers. (6) Every [motorboat sixteen feet or more in length shall be equipped with a whistle or horn-type sound-producing device capable of producing a blast of two seconds or more in duration. On motorboats sixteen feet or more but less than twenty-six feet in length such device shall be mouth, hand or power-operated and audible for at least one-half mile. On motorboats twenty-six feet or more but less than forty feet in length such device shall be hand or power-operated and audible for at least one mile. On motorboats forty feet or more but less than sixty-five feet in length such device shall be power-operated and audible for at least one mile. Every motorboat twenty-six feet or more in length shall be equipped with a bell capable of producing a clear bell-like tone of full round characteristics] vessel shall comply with the requirements of 33 USC 2032 to 2037, inclusive, as amended from time to time, and 33 CFR Part 86, as amended from time to time, regarding sound signal appliances. (7) Every vessel operated on the waters of Long Island Sound or Fishers Island Sound between sunset and sunrise shall [carry] comply with the requirements of 33 USC 2037, as amended from time to time, 33 CFR Part 87, as amended from time to time, and 33 CFR 175.101 to 175.135, inclusive, as amended from time to time, regarding visual distress signals [suitable] required for night use. Every vessel [sixteen feet or more in length, except manually propelled vessels and open sailboats that are less than twenty-six feet in length, and are not equipped with propulsion machinery,] operated on the waters of Long Island Sound or Fishers Island Sound at any time shall [carry visual distress signals suitable for day and night use] comply with the visual distress signal requirements of 33 USC 203, as amended from time to time, 33 CFR Part 87, as amended from time to time, and 33 CFR 175.101 to 175.135, inclusive, as amended from time to time, unless specifically exempted therefrom. [No] Each person, operator [or] and owner in a vessel shall [display or allow the display of a visual distress signal except when assistance is needed because of immediate or potential danger to persons aboard] comply with 33 CFR 175.140, as amended from time to time, regarding restrictions on the use of visual distress signals.

(b) No person shall operate or give permission for the operation of any motorboat on the waters of this state unless such motorboat is at all times equipped with a muffler or muffler system which enables such motorboat to be operated in compliance with subsections (c) and (d) of this section and such muffler or muffler system is in use. For purposes of this section "muffler" or "muffler system" means a sound suppression device or system designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and causes such engine to operate in compliance with subsections (c) and (d) of this section. "Muffler system" includes, but is not limited to, an underwater through-the-propeller-hub exhaust outlet system.

(c) No person shall operate or give permission for the operation of any motorboat on the waters of this state in such a manner as to exceed the following noise levels: (1) For engines manufactured before January 1, 1993, a noise level of 90 dB(A) when subjected to a stationary sound level test as prescribed by Society of Automotive Engineers Specification Number J2005; (2) for engines manufactured on or after January 1, 1993, a noise level of 88 dB(A) when subjected to a stationary sound level test as prescribed by Society of Automotive Engineers Specification Number J2005. If a motorboat is equipped with more than one engine, the said noise levels shall apply when all such engines are simultaneously in operation.

(d) No person shall operate or give permission for the operation of any motorboat on the waters of this state in such a manner as to exceed a noise level of 75 dB(A) measured as specified by Society of Automotive Engineers Specification Number J1970.

(e) Any officer authorized to enforce the provisions of this chapter who has reason to believe that a motorboat is being operated in excess of the noise levels established in subsection (c) or (d) of this section may request the operator of such motorboat to submit the motorboat to an on-site test to measure noise levels, with the officer on board such motorboat if such officer chooses, and the operator shall comply with such request. If such motorboat exceeds the noise levels established in subsection (c) or (d) of this section, the officer may direct the operator to take immediate and reasonable measures to correct the violation, including returning the motorboat to a mooring and keeping the motorboat at such mooring until the violation is corrected or ceases.

(f) Any officer who conducts a motorboat sound level test as provided in this section shall be qualified in motorboat noise testing by the Department of Environmental Protection. Such qualification shall include, without limitation, instruction in selection of the measurement site and in the calibration and use of noise testing equipment.

(g) No person shall operate or give permission for the operation of any motorboat on the waters of this state that is equipped with a muffler or muffler system cutout, bypass or similar device which prevents the proper operation of or diminishes the operating capacity of the muffler, or causes the motorboat to be operated in violation of subsection (c) or (d) of this section except that the commissioner shall allow the installation and operation of those muffler system cutouts, bypasses or similar devices that are demonstrated to the satisfaction of the commissioner to operate in accordance with the provisions of subsection (c) or (d) of this section.

(h) No person shall remove a muffler or muffler system from a motorboat or alter a muffler or muffler system on a motorboat so as to prevent the operation of such motorboat in compliance with subsections (c) and (d) of this section.

(i) No person shall sell or offer for sale any motorboat which is not equipped with a muffler or muffler system which enables such motorboat to be operated in compliance with subsections (c) and (d) of this section. This subsection shall not apply to the sale or offer for sale of a motorboat which will be operated solely for the purpose of competing in marine races or regattas, provided upon the sale of a motorboat which is not equipped with such a muffler or muffler system, the seller shall provide to the purchaser, and the purchaser shall date and sign, the following statement: "I understand that this motorboat may not be operated for any purposes other than competing in a marine race or regatta authorized under section 15-140b of the Connecticut general statutes". Such statement shall include the hull identification number of the motorboat being purchased. Not later than five days after the sale, the seller shall submit to the commissioner a copy of such signed and dated statement. The seller and purchaser shall each retain a copy of the statement.

(j) The provisions of subsections (c) and (d) of this section shall not apply to the operation of a motorboat participating in a marine race or regatta authorized by the commissioner under section 15-140b.

(k) All devices and equipment required by this section shall be of a type and carried in the quantity and location approved by the commissioner or by the United States Coast Guard.

(l) Sirens shall not be used on any vessel except that law enforcement vessels of the United States, this state or a political subdivision of this state may use sirens when engaged in law enforcement activities or when identification is necessary for safety reasons. Any vessel may be equipped with a theft alarm signal device if such device is so designed that it cannot be used as an ordinary warning signal.

(m) Any person who violates any provision of subsection (a) of this section shall have committed an infraction. Any person who fails to comply with a request or direction of an officer made pursuant to subsection (e) of this section shall be fined not less than three hundred fifty dollars or more than five hundred fifty dollars and shall be fined not less than four hundred fifty dollars or more than six hundred fifty dollars for each subsequent offense. Any person who violates the provisions of any other subsection of this section shall be fined not less than one hundred dollars or more than five hundred dollars.

Sec. 5. Section 15-129a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[(a) Every vessel using state or federal waters, when underway in all weathers from sunset to sunrise, shall display the following prescribed lights: (1) A power-driven vessel, the construction of which was started after December 24, 1981, 12 meters (39′4″) or more in length and less than 20 meters (65′6″) in length shall exhibit side lights, a stern light, and a masthead light forward except that any masthead light need not be exhibited forward of midships but shall be exhibited as far forward of midships as is practicable and such vessel may exhibit an aft masthead light higher than the forward masthead light; (2) a power-driven vessel, the construction of which was started before December 25, 1981, less than 20 meters (65′6″) in length and any power-driven vessel less than 12 meters (39′4″) in length may exhibit those lights prescribed for a vessel, the construction of which was started after December 24, 1981, 12 meters (39'4″) or more in length and less than 20 meters (65′6″) in length, or in lieu of such combination of lights such vessels may exhibit side lights and an all-around white light at the stern; (3) a sailboat, under sail alone, 7 meters (22′10″) or more in length and less than 20 meters (65′6″) in length shall exhibit side lights and a stern light and such sailboat may exhibit at or near the top of the mast, where they can best be seen, two all-around lights in a vertical line, the upper red and the lower green. Such sailboat may have the side lights and stern lights combined in one lantern carried at or near the top of the mast where it can best be seen but if a combined lantern is used, the two all-around red and green mast lights shall not be exhibited in conjunction with the combined lantern; (4) a sailboat, under sail alone, of less than 7 meters (22′10″) in length and all vessels under oars shall, if practicable, exhibit the lights prescribed for a sailboat 7 meters (22′10″) or more in length and less than 20 meters (65′6″) in length or shall have aboard and ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision. In lieu of the lights required by this section, a power-driven vessel or a sailboat may display the lights prescribed by international regulations, in the manner and under the condition provided therein.]

(a) Every vessel using state or federal waters shall comply with the following federal requirements, which are incorporated by reference, regarding the use of navigation lights: (1) 33 USC 2023, as amended from time to time, regarding power-driven vessels; and (2) 33 USC 2025, as amended from time to time, regarding sailing vessels underway and vessels under oars. In lieu of the lights required by this section, a power-driven vessel or a sailboat may display the lights prescribed by international regulations, in the manner and under the condition provided by such regulations.

(b) The visibility for the lights required by this section shall [be as follows: (1) All stern lights, two miles; (2) all white, red or green all-around lights, two miles; (3) side lights on a vessel less than 12 meters (39′4″) in length, one mile; (4) side lights on a vessel 12 meters (39′4″) or greater in length, two miles; (5) masthead lights on a vessel less than 12 meters (39′4″) in length, two miles; (6) masthead lights on a vessel 12 meters (39′4″) or greater in length, three miles; and (7) anchor light, two miles. For the purposes of this section, visibility means visible on a dark night with clear atmosphere] comply with 33 USC 2022, as amended from time to time.

(c) When lights are required pursuant to subsection (a) of this section, no other lights shall be exhibited, except lights that (1) cannot be mistaken for the lights required pursuant to this section and do not impair the visibility or distinctive character of such required lights, and (2) do not interfere with the keeping of a proper lookout.

[(d) Power driven and sailing vessels less than 20 meters but more than 7 meters in length at anchor between sunset and sunrise shall display an anchor light. Vessels less than 7 meters in length shall not be required to display an anchor light except when anchored in or near a narrow channel, fairway or anchorage or where other vessels normally navigate. Vessels less than 20 meters in length when at anchor in a special anchorage area as designated by the United States Secretary of Transportation shall not be required to exhibit an anchor light.]

(d) Every vessel shall comply with the requirements of 33 USC 2030, as amended from time to time, regarding the exhibition of anchor lights when a vessel is at anchor or aground.

(e) Flashing lights shall not be used by any vessel except as provided in this subsection. Flashing blue lights may be used by law enforcement vessels of the United States, this state or a political subdivision of this state when such vessels are engaged in law enforcement activities or when identification of such vessels is necessary for safety reasons. Flashing white lights may be used on any vessel in accordance with rules and regulations of the United States Coast Guard.

(f) Violation of any provision of this section shall be an infraction.

Sec. 6. Section 15-132 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

[When two or more vessels are involved in a collision, accident or other casualty, the operator of each,]

(a) Each operator of a vessel who is knowingly involved in an accident that causes serious physical injury, as defined in section 53a-3, or results in the death of another person shall at once stop so far as [he] such operator can do so without danger to [his] such operator's vessel or to its crew or passengers, shall render to the other vessel, its operator, crew and passengers such assistance as may be practicable and necessary to save them from danger caused by such collision and [he] shall stay by such other vessel until [he] such operator has ascertained that there is no need of further assistance. Each such operator shall also give to the operator of the other vessel, [his] to the person injured or to any law enforcement officer or witness to the accident such operator's name, address and the identification number, if any, of his or her vessel. If such operator of the vessel causing the death or serious physical injury of any person is unable to give the operator's name, address and identification number to the operator of the other vessel, to the person injured or to any witness or officer, for any reason or cause, such operator shall immediately report such death or serious physical injury of any person to the nearest law enforcement agency having jurisdiction over the accident and shall state in such report the location and circumstances of the accident causing the death or serious physical injury of any person and the operator's name, address and identification number.

(b) Each operator of a vessel who is knowingly involved in an accident which causes physical injury, as defined in section 53a-3, to any other person or damage to property shall at once stop so far as the operator can do so without danger to the operator's vessel or to its crew or passengers, shall render to the other vessel, its operator, crew and passengers such assistance as may be practicable and necessary to save them from danger caused by such collision and shall stay by such other vessel until the operator has ascertained that there is no need of further assistance. Each such operator shall give to the operator of the other vessel, to the person injured or to the owner of the damaged property and to any officer or witness to the accident, the operator's name, address and the identification number, if any, of such operator's vessel. If the operator of the vessel involved in the accident is unable to give his or her name, address and identification number to the operator of the other vessel, the person injured or the owner of the property damaged or to any witness or officer, for any reason or cause, such operator shall immediately report such physical injury of any person or damage to property to the nearest law enforcement agency having jurisdiction over the accident and shall state in such report the location and circumstances of the accident causing the physical injury of any person or damage to property and the operator's name, address and identification number, if any, of such operator's vessel.

(c) Failure of an operator to comply with the requirements of this section, unless reasonable cause for such failure is shown, shall be prima facie evidence that the collision was caused by his wrongful act, neglect or default.

(d) Any person who violates the provisions of subsection (a) of this section shall be guilty of a class D felony.

(e) Any person who violates the provisions of subsection (b) of this section shall be guilty of a class A misdemeanor.

Sec. 7. Section 15-140e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) [On and after the following dates, no] No resident of the state, person owning real property in the state or person owning a vessel in the state shall operate on the waters of the state a vessel which is required to be registered or numbered pursuant to this chapter unless such person has a valid vessel operator license issued by the United States Coast Guard or has obtained a safe boating certificate issued by the Commissioner of Environmental Protection. [: For operators who are less than twenty years of age, June 23, 1993; for operators who are less than twenty-five years of age, October 1, 1993; for operators who are less than thirty years of age, October 1, 1994; for operators who are less than thirty-five years of age, October 1, 1995; for operators who are less than forty years of age, October 1, 1996; and for all operators forty years of age or older, October 1, 1997. Notwithstanding the provisions of this section, the commissioner may issue a certificate to a person who has successfully completed a course in safe boating operation approved by the commissioner before the date such person is required to take the exam under this section.] No owner or person in constructive control of a vessel shall knowingly authorize or permit a person who is less than sixteen years of age who is required by this section to obtain a safe boating certificate issued by the Commissioner of Environmental Protection to operate such vessel on the waters of the state without a safe boating certificate, unless such person is under the onboard supervision of a person who is at least eighteen years of age who has been issued a safe boating certificate and who has held such certificate for at least two years. A safe boating certificate may be suspended or revoked, pursuant to section 15-133, 15-140l or 15-140n, and shall be valid for the life of the person to whom it is issued unless otherwise suspended or revoked.

(b) A safe boating certificate shall be issued under subsection (a) to any applicant regardless of age who provides proof that [he] such applicant has: (1) [successfully] Successfully completed a course in safe boating operation approved by the Commissioner of Environmental Protection, which may include those offered by the United States Power [Squadron] Squadrons, Coast Guard Auxiliary or other organizations, or (2) successfully passed an equivalency examination testing knowledge of safe boating operation administered by the commissioner. [, (3) owned a vessel which was registered or numbered pursuant to this chapter in his name as an individual during any period in the five years preceding October 1, 1992, or (4) been a member during any period in the five years preceding October 1, 1992, of the United States Power Squadron or United States Coast Guard Auxiliary. On and after October 1, 1997, no certificate shall be issued pursuant to subdivisions (3) and (4) of this subsection.]

(c) Notwithstanding subsection (a) of this section, any person who purchases a new or used vessel [after July 11, 1991,] may, upon vessel registration, apply to the [department] Department of Environmental Protection for a temporary safe boating certificate which shall be valid for [six] three months from the date of registration. No person shall be issued more than one temporary safe boating certificate.

(d) Any person operating a vessel other than a personal watercraft, as defined in section 15-140j, which is rented for a period of fourteen days or less from a person or organization engaged in the commercial rental of vessels need not obtain a certificate during the rental period. Persons or organizations engaged in the commercial rental of vessels shall furnish to each rental customer literature on safety and rules of navigation as supplied by the commissioner.

(e) Any person enrolled in a course in safe boating operation approved by the Commissioner of Environmental Protection may operate a vessel without a safe boating certificate when under the onboard supervision of a boating instructor holding a valid instructor number issued by the Department of Environmental Protection.

[(e)] (f) Any person who violates any provision of this section shall be fined not less than sixty nor more than two hundred fifty dollars for each such violation.

[(f)] (g) Any course in safe boating operation approved by the Commissioner of Environmental Protection, as described in subsection (b) of this section, shall include instruction on the proper means of: (1) Inspecting a vessel and trailers used for transporting such vessels for the presence of vegetation; and (2) properly disposing of such vegetation.

Sec. 8. Section 15-140f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Environmental Protection shall formulate courses in safe boating operation.

(b) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, setting forth the content of safe boating operation courses. Such regulations may include provisions for examinations, issuance of safe boating certificates and establishment of reasonable fees for the course and examination and for issuing certificates, temporary certificates and duplicate certificates. Any fees collected pursuant to such regulations shall be deposited in the boating account established pursuant to section 15-155.

(c) Any person who teaches a course in safe boating operation that satisfies the requirements for issuance of a safe boating certificate shall have committed an infraction if the commissioner has not approved such course.

(d) Any Department of Environmental Protection agent who uses Department of Environmental Protection safe boating operation course materials for personal financial gain shall have committed an infraction.

[(c)] (e) Any person who holds a certificate from another state that has a reciprocal agreement with the commissioner may operate a vessel on the waters of this state.

Sec. 9. Section 15-140j of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in this section, "personal watercraft" is any inboard powered vessel less than sixteen feet in length which has an internal combustion engine powering a water-jet pump as its primary source of motor propulsion and which is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel.

(b) [On and after June 23, 1993, no] No person shall operate a personal watercraft unless [he] such person has [successfully completed a course in safe personal watercraft handling approved by the Commissioner of Environmental Protection and has] been issued a certificate of personal watercraft operation by the Commissioner of Environmental Protection. No owner or person in constructive control of a personal watercraft shall knowingly authorize or permit a person who is less than sixteen years of age who does not have a certificate of personal watercraft operation issued by the Commissioner of Environmental Protection to operate such personal watercraft on the waters of the state. Notwithstanding the provisions of this section, the commissioner may modify or suspend requirements for a certificate of personal watercraft operation by written authorization with respect to any marine event authorized by the commissioner or upon receipt of a copy of the United States Coast Guard authorization for a marine event.

(c) A certificate of personal watercraft operation shall be issued under subsection (b) of this section to any applicant who provides proof that such applicant has: (1) Successfully completed a combined course in safe boating operation and safe personal watercraft handling approved by the commissioner, which courses include, but are not limited to, courses offered by the United States Power Squadrons, Coast Guard Auxiliary or other organizations approved by the commissioner, (2) been issued or has satisfied the requirements for issuance of a safe boating certificate and successfully completed a course in safe personal watercraft handling approved by the commissioner, which include, but are not limited to, courses offered by the United States Power Squadrons, Coast Guard Auxiliary or other organizations approved by the commissioner, or (3) successfully passed an equivalency examination testing knowledge of safe boating operation and safe personal watercraft handling administered by the commissioner.

[(c)] (d) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, establishing the content of courses in safe personal watercraft handling. Such regulations may include provisions for examinations, issuance of certificates of personal watercraft operation and establishment of a reasonable fee for such course and examination and for the issuance of a certificate and duplicate certificate. Any fee collected pursuant to regulations adopted under this section shall be deposited in the boating account established pursuant to section 15-155.

[(d)] (e) Notwithstanding subsection (b) of this section, any person who purchases a new or used personal watercraft after May 20, 1994, may, upon vessel registration, apply to the Commissioner of Environmental Protection for a temporary certificate of personal watercraft operation which shall be valid for [six] three months from the date of registration, provided the applicant has successfully completed a course in safe personal watercraft handling prior to application for the temporary certificate. No person shall be issued more than one temporary certificate of personal watercraft operation.

[(e)] (f) The commissioner may enter into a reciprocal agreement with any other state which has a similar safe personal watercraft handling certificate program which the commissioner deems acceptable for purposes of this subsection. Any person who successfully completes a course in safe personal watercraft handling and holds a certificate or license from another state which has such a reciprocal agreement with the commissioner may operate a personal watercraft on the waters of this state.

[(f)] (g) Any person required to obtain a certificate of personal watercraft operation pursuant to this section shall have such certificate on board at all times while operating a personal watercraft. On demand of an officer authorized to enforce the provisions of this chapter, such person shall exhibit the certificate to the officer.

[(g)] (h) No passenger shall be permitted to ride in front of the operator on a personal watercraft. No passenger shall be permitted to ride upon a personal watercraft unless the passenger is able to securely hold onto the person in front of them or to the handholds on the personal watercraft, and is able to keep both feet on the deck of the personal watercraft so as to maintain balance while the personal watercraft is in operation.

(i) No person shall teach a course in safe personal watercraft handling that satisfies the requirements for issuance of a certificate of personal watercraft operation unless the commissioner has approved such course.

(j) No Department of Environmental Protection agent shall use department safe personal watercraft handling course materials for personal financial gain.

[(h)] (k) Any person who violates any provision of this section shall be fined not less than sixty dollars or more than two hundred fifty dollars for each such violation.

[(i)] (l) A certificate of personal watercraft operation may be suspended or revoked in accordance with the provisions of section 15-133, 15-140l or 15-140n.

Sec. 10. Section 15-141 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in this part, unless the context otherwise requires: "Commissioner" means the Commissioner of Environmental Protection; "vessel" means every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water, exclusive of any such watercraft used primarily for purposes of transporting commercial cargo; "motorboat" means any watercraft fitted with propulsion machinery, whether or not such machinery is the principal source of propulsion; "horsepower" means the rated brake horsepower of an engine at maximum operating revolutions per minute; "operate" means to navigate or otherwise use a vessel; "person" means any individual, partnership, firm, association, limited liability company, corporation or other entity; "owner" means a person, other than a lien holder, having property in or title to a vessel. The term includes a person entitled to use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security; "marine dealer" means a person engaged in the business of manufacturing, selling or repairing new or used vessels having an established place of business for the sale, trade, display or repair of motorboats; "marine engine manufacturer" means a person engaged in the business of manufacturing, selling or repairing marine engines having an established place of business for the sale, trade, display or repair of marine engines; "marine engine" means an engine manufactured for use or used in vessels; "federal Boat Safety Act of 1971" means an Act of Congress approved August 10, 1971, Public Law 92-75; and "boat livery" means a business that is engaged in the commercial rental of vessels, including, but not limited to, personal watercraft.

Sec. 11. Section 15-150 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each boat [liveryman] liveryperson shall keep a record of the name and address of every person who rents a vessel, the registration number thereof, if applicable, the departure date and time and the expected time of return. The record shall be preserved for at least one year.

(b) Any operator of a vessel rented from a boat livery shall carry on board such vessel the original or a copy of the written rental agreement for such rental stating the period of such rental, the identity of the person who rented the vessel and the vessel number which appears on the certificate of number, if required.

[(b)] (c) Neither the owner nor any agent or employee of a boat livery shall permit any vessel which is rented to depart from the livery premises unless it is provided, either by the owner or lessee, with such safety devices and equipment as may be required by law.

(d) Neither the owner nor any agent or employee of a boat livery shall permit any vessel which is rented to depart from the livery unless such vessel is registered and numbered properly as a livery boat.

(e) Neither the owner nor any agent or employee of a boat livery shall permit an operator of any vessel which is rented to depart from the boat livery without a safe boating certificate or certificate of personal watercraft operation, if such operator is required by section 15-140e, as amended by this act, and section 15-140j, as amended by this act, to have a safe boating certificate or certificate of personal watercraft operation.

[(c)] (f) Violation of any provision of this section shall be an infraction.

Sec. 12. Section 22a-359 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Environmental Protection shall regulate dredging and the erection of structures and the placement of fill, and work incidental thereto, in the tidal, coastal or navigable waters of the state waterward of the high tide line. Any decisions made by the commissioner pursuant to this section shall be made with due regard for indigenous aquatic life, fish and wildlife, the prevention or alleviation of shore erosion and coastal flooding, the use and development of adjoining uplands, the improvement of coastal and inland navigation for all vessels, including small craft for recreational purposes, the use and development of adjacent lands and properties and the interests of the state, including pollution control, water quality, recreational use of public water and management of coastal resources, with proper regard for the rights and interests of all persons concerned.

[(b) After consultation with the Commissioner of Transportation, the Commissioner of Environmental Protection may consider any sunken or grounded vessel, scow, lighter or similar structure lying within the tidal, coastal or navigable waters of the state to be an encroachment subject to the provisions of this section and sections 22a-360 to 22a-363, inclusive.]

[(c)] (b) As used in this section and sections 22a-360 to 22a-363, inclusive, "high tide line" means a line or mark left upon tide flats, beaches, or along shore objects that indicates the intersection of the land with the water's surface at the maximum height reached by a rising tide. The mark may be determined by (1) a line of oil or scum along shore objects, (2) a more or less continuous deposit of fine shell or debris on the foreshore or berm, (3) physical markings or characteristics, vegetation lines, tidal gauge, or (4) by any other suitable means delineating the general height reached by a rising tide. The term includes spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm.

Sec. 13. Subsection (d) of section 22a-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) (1) The Commissioner of Environmental Protection may issue a general permit for any minor activity regulated under sections 22a-28 to 22a-35, inclusive, or sections 22a-359 to 22a-363f, inclusive, if the commissioner determines that such activity would (A) cause minimal environmental effects when conducted separately, (B) cause only minimal cumulative environmental effects, (C) not be inconsistent with the considerations and the public policy set forth in sections 22a-28 to 22a-35, inclusive, and section 22a-359, as applicable, (D) be consistent with the policies of the Coastal Management Act, and (E) constitute an acceptable encroachment into public lands and waters. Such activities may include routine minor maintenance and routine minor repair of existing structures, fill, obstructions, encroachments or excavations; substantial maintenance consisting of rebuilding, reconstructing or reestablishing to a preexisting condition and dimension any structure, fill, obstruction, encroachment or excavation; maintenance dredging of areas which have been dredged and continuously maintained as serviceable; activities allowed pursuant to a perimeter permit; the removal of structures, [derelict vessels,] debris, rubbish or similar discarded material or unauthorized fill material; minor alterations or amendments to authorized activities consistent with the authorization for such activities; activities which have been required or allowed by an order of the commissioner; open water marsh management by or under the supervision of the Department of Public Health or Department of Environmental Protection; conservation activities of or under the supervision or direction of the Department of Environmental Protection; construction of individual residential docks which do not create littoral or riparian conflicts, navigational interference, or adverse impacts to coastal resources as defined by section 22a-93, which are not located in tidal wetlands as defined by section 22a-29 and which extend no further than forty feet waterward of mean high water or to a depth of minus four feet mean low water, whichever point is more landward; installation of scientific measuring or monitoring devices; survey activities including excavation of test pits and core sampling and driving of test pilings; construction of utility lines; aquacultural activities; and installation and removal of small seasonal structures including floats and moorings. Any person conducting an activity for which a general permit has been issued shall not be required to obtain an individual permit or certificate under any other provision of sections 22a-28 to 22a-35, inclusive, or sections 22a-359 to 22a-363f, inclusive, for that activity except as provided in subdivision (3) of this subsection. A general permit shall clearly define the activity covered thereby and may include such conditions and requirements as the commissioner deems appropriate, including, but not limited to, construction timing, methodologies and durations, resource protection practices, management practices, and verification and reporting requirements. The general permit may require any person proposing to conduct any activity under the general permit to register such activity, including obtaining approval from the commissioner, before the general permit becomes effective as to such activity. Registrations and applications for approval under the general permit shall be submitted on forms prescribed by the commissioner. Any approval by the commissioner under a general permit may include conditions specific to the proposed activity to ensure consistency with the requirements for issuance of the general permit. The commissioner shall prepare, and annually amend, a list of holders of general permits under this section, which list shall be made available to the public.

(2) Notwithstanding any other procedures specified in sections 22a-28 to 22a-35, inclusive, and sections 22a-359 to 22a-363f, inclusive, any regulations adopted thereunder, and chapter 54, the commissioner may issue a general permit in accordance with the following procedures: (A) The commissioner shall publish in a newspaper having a substantial circulation in the affected area or areas notice of intent to issue a general permit; (B) the commissioner shall allow a comment period of thirty days following publication of such notice during which interested persons may submit written comments concerning the permit to the commissioner and the commissioner shall hold a public hearing if, within said comment period, he receives a petition signed by at least twenty-five persons; (C) the commissioner may not issue the general permit until after the comment period; (D) the commissioner shall publish notice of any permit issued in a newspaper having substantial circulation in the affected area or areas; and (E) summary suspension may be ordered in accordance with subsection (c) of section 4-182. Any person may request that the commissioner issue, modify or revoke a general permit in accordance with this subsection.

(3) Subsequent to the issuance of a general permit, the commissioner may require any person whose activity is or may be covered by the general permit to apply for and obtain an individual permit or certificate under the provisions of sections 22a-28 to 22a-35, inclusive, or sections 22a-359 to 22a-363f, inclusive, for all or any portion of the activities covered by the general permit, if the commissioner determines that an individual permit is necessary to assure consistency with purposes and policies of such sections, and the Coastal Management Act. The commissioner may require an individual permit under this subdivision in cases including, but not limited to, the following: (A) The permittee is not in compliance with the conditions of the general permit; (B) an individual permit or certificate is appropriate because of circumstances specific to the site; (C) circumstances have changed since the time the general permit was issued so that the permitted activity is no longer acceptable under the general permit; or (D) a change has occurred in relevant law. The commissioner may require an individual permit or certificate under this section only if the affected person has been notified in writing that an individual permit or certificate is required. The notice shall include a brief statement of the reasons for the decision.

(4) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.

(5) Notwithstanding any provision of sections 22a-359 to 22a-363f, inclusive, pending issuance of a general permit for aquaculture activities by the commissioner in accordance with this section, no permit or certificate shall be required for the placement, maintenance or removal of (A) individual structures used for aquaculture, as defined in section 22-416, including, but not limited to, cages or bags, which are located on designated state or municipal shellfish beds which structures create no adverse impacts on coastal resources or navigation over their location; or (B) any buoys used to mark such structures. Upon issuance of a general permit for aquaculture activities in accordance with this section, any aquaculture activities shall comply with the terms of such general permit or other applicable provisions of sections 22a-359 to 22a-363f, inclusive.

Sec. 14. Subsection (a) of section 22a-363b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Routine maintenance of permitted structures, fill, obstructions or encroachments or routine maintenance of structures, fill, obstructions or encroachments in place prior to June 24, 1939, and continuously maintained and serviceable since that date shall be exempt from the requirements of obtaining certificates of permission or permits pursuant to section 22a-363a, this section or section 22a-361, as amended by this act. The following activities may be eligible for a certificate of permission, in accordance with the provisions of subsections (c) and (d) of this section: (1) Substantial maintenance or repair of existing structures, fill, obstructions or encroachments authorized pursuant to section 22a-33 or section 22a-361, as amended by this act; (2) substantial maintenance of any structures, fill, obstructions or encroachments in place prior to June 24, 1939, and continuously maintained and serviceable since such time; (3) maintenance dredging of areas which have been dredged and continuously maintained and serviceable as authorized pursuant to section 22a-33 or section 22a-361, as amended by this act; (4) activities allowed pursuant to a perimeter permit and requiring authorization by the commissioner; (5) the removal of derelict structures; [or vessels;] (6) minor alterations or amendments to permitted activities consistent with the original permit; (7) minor alterations or amendments to activities completed prior to June 24, 1939; (8) placement of temporary structures for water-dependent uses, as defined in section 22a-93; (9) open water marsh management and conservation activities undertaken by or under the supervision of the Department of Environmental Protection; and (10) the placement or reconfiguration of piers, floats, docks or moorings within existing waterward boundaries of recreational marinas or yacht clubs which have been authorized pursuant to section 22a-33 or 22a-361, as amended by this act. Notwithstanding the provisions of sections 22a-29 to 22a-35, inclusive, the commissioner may issue a certificate of permission for activities enumerated in this subsection which are to be conducted in tidal wetlands. Upon issuance, such certificate shall be in lieu of the permit required pursuant to section 22a-32.

Sec. 15. (NEW) (Effective from passage) (a) A private property owner may retain or register a vessel in such owner's name if the vessel has been abandoned on such owner's property for more than four months.

(b) To retain or register a vessel pursuant to subsection (a) of this section, the private property owner shall request the authority that removed the vessel to make a determination regarding whether the vessel is an abandoned vessel and to issue a determination report, which report shall include, in addition to the determination regarding whether the vessel is an abandoned vessel, the name and contact information of the last owner of record of the vessel and any known or reasonably discoverable identification information regarding the vessel. Upon determining that the vessel is abandoned, the removing authority shall affix a readily visible notification sticker to the vessel. The sticker shall contain the following information: (1) The date and time the sticker was affixed to the vessel, (2) a statement that, pursuant to this section, if the vessel is not claimed and removed thirty days after the sticker was affixed, the vessel may be retained or registered by the owner of the private property on which the vessel was abandoned, (3) the location and telephone number where additional information may be obtained, and (4) the identity of the person who affixed the sticker.

(c) Not later than two weeks after the issuance of a determination pursuant to subsection (b) of this section, the private property owner shall make a reasonable attempt to notify the vessel owner or the owner's agent and any person or entity that has filed a legal or equitable interest claim regarding the vessel with the Secretary of the State and shall allow such owner, owner's agent or person or entity making a legal or equitable interest claim to make arrangements for removal of the vessel. Such notification shall be sent certified mail, return receipt requested, and shall inform the vessel owner or the owner's agent or person or entity that has filed a legal or equitable interest claim regarding the vessel that, pursuant to this section, if the vessel is not claimed and removed not later than thirty days after the notification, the private property owner may retain the vessel or register it in his or her name. The private property owner shall send a simultaneous notice of intent to retain or register the vessel to the Commissioners of Environmental Protection and Motor Vehicles. Upon receipt of the notice of intent to retain or register, the Commissioner of Environmental Protection shall make reasonable efforts to determine if the vessel has been stolen and shall notify the private property owner and the Department of Motor Vehicles of such determination.

(d) If the owner or the owner's agent of the vessel is unknown, the private property owner shall place a notice providing the following information in a newspaper published or having a circulation in the town where such vessel was abandoned at least twice during the two-week period following the notice provided in subsection (c) of this section: (1) A description of the vessel, including any identifying numbers or markings; (2) the location where the vessel was found; and (3) a statement that if the vessel is not claimed and removed not later than thirty days after the date of the second newspaper notice, the private property owner may retain the vessel or register it in such owner's name.

(e) If the private property owner has complied with the notice requirements of this section and the vessel remains abandoned on such owner's property after completion of the four-month period, such owner may either: (1) Retain the vessel, or (2) apply to the Department of Motor Vehicles to register it in such owner's name, on forms provided by the Department of Motor Vehicles. Such private property owner shall provide the following information to the Department of Motor Vehicles in the form of an affidavit: (A) A statement that at least four months have elapsed since the date the vessel abandonment determination was issued pursuant to subsection (b) of this section, (B) proof that a certified letter was mailed pursuant to subsection (c) of this section or a statement detailing unsuccessful steps taken to identify the name and address of the vessel owner, owner's agent or any person or entity who has filed a legal or equitable interest claim with the Secretary of the State regarding the vessel, (C) proof the notice of intent to retain or register required by subsection (c) of this section was sent to the Commissioners of Environmental Protection and Motor Vehicles, and that the Commissioner of Environmental Protection provided a response regarding a determination if the vessel was stolen, and (D) proof that the notice required by subsection (d) of this section was published following the notice provided in subsection (c) of this section and that the second newspaper notice required by subsection (d) of this section was published at least thirty days before the application for registration was submitted by the private property owner to the Department of Motor Vehicles.

(f) Upon receipt of the affidavit pursuant to subsection (e) of this section and any fees and taxes due, the Department of Motor Vehicles shall register the vessel to the applicant.

(g) A removing authority may retain or register a vessel abandoned on the removing authority's property by proceeding in the same manner as a private property owner pursuant to this section.

Sec. 16. Sections 15-133a and 15-140c of the general statutes are repealed. (Effective from passage)

Statement of Purpose:

To expand the scope of and streamline abandoned vessel statutes, to specify hearing and appeal procedures regarding abandoned vessels, to amend boating statutes to incorporate by reference federal safety, navigational, lighting and equipment requirements, to specify procedures to be followed in cases of boating collisions and accidents, to hold a person in control of a boat or personal watercraft responsible for permitting a person under sixteen years of age to operate a boat or personal watercraft without a safe boating certificate or certificate of personal watercraft operation, to authorize the Department of Environmental Protection to penalize persons teaching unapproved boating courses, to define the term "boat livery" and place certain restrictions on persons who rent and persons who operate rental boats and to update state law to coincide with Federal Energy Regulatory Commission requirements regarding safety controls and warning devices on approaches to dams on the Housatonic River.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]