CHAPTER 490
FISHERIES AND GAME

PART I
DEFINITIONS

      Sec. 26-1. Definitions. Words and terms used in this chapter shall be construed as follows:

      (1) "Animal" includes birds, quadrupeds, reptiles and amphibians.

      (2) "Bait species" means all species of fish, frogs, crustaceans and insects listed as bait in the regulations issued by the Commissioner of Environmental Protection.

      (3) "Black bass" means small mouth bass (Micropterus dolomieu) and large mouth bass (Micropterus salmoides).

      (4) Repealed.

      (5) "Closed season" means that period of time during which hunting, trapping or fishing is prohibited for any species of wildlife.

      (6) "Commercial fisherman" means any person, firm or corporation engaged in commercial fishing.

      (7) "Commercial fishing" means taking or attempting to take any finfish, crustacea, sea scallops, squid, horseshoe crabs or bait species for commercial purposes or by the use of any commercial fishing gear.

      (8) "Commercial fishing gear" means any equipment commonly used to take finfish, crustacea, sea scallops, squid, horseshoe crabs or bait species for commercial purposes including, but not limited to, lobster pots, otter trawls, beam trawls, balloon trawls, midwater trawls, sea scallop dredges, scoop nets, scap nets, seines, trap nets, fyke nets, crab traps, gill nets, trammel nets, set lines, long lines, hook and line if such fishing is conducted for commercial purposes, minnow seines, minnow traps, eel pots, fish pots, pound nets, throw nets or similar devices and any equipment listed as commercial fishing gear in regulations adopted by the Commissioner of Environmental Protection.

      (9) "Commercial hatchery" means an institution or place where legally acquired fish are held, hatched and reared for sale or where fish so acquired or hatched are reared or held for sale in waters which are under complete control of the owner.

      (10) "Daily bag, catch or creel limit" means the quantity or number of wildlife allowed to be taken during the period from 12:01 a.m. to 12:00 midnight as provided by this chapter or by regulations made by the Commissioner of Environmental Protection.

      (11) "Grouse" includes ruffed grouse, partridge and spruce grouse.

      (12) "Hunting" means pursuing, shooting, killing and capturing any bird, quadruped or reptile and attempting to pursue, shoot, kill and capture any bird, quadruped or reptile, whether such act results in taking or not, including any act of assistance to any other person in taking or attempting to take any such animal.

      (13) "Quadruped" means any four-legged animal which is ferae naturae or wild by nature, although such animal may be enclosed and considered a pet or semidomesticated, but shall exclude purely domesticated animals.

      (14) "Pickerel" means the chain pickerel (Esox niger), not the dwarf species referred to variously as the banded pickerel (Esox americanus), grass pike, grass pickerel, mud pike or brook pickerel.

      (15) "Private waters" means a natural or artificial pond or lake to which the owner, not a corporation, partnership or voluntary association, has exclusive right of access, of which water supply all sources are located substantially within the property of the owner, to which fish do not have access from waters not under the control of such owner or from water stocked at the expense of the state, except that a natural or artificial pond five acres or less in extent may be owned by an individual, a corporation, partnership or voluntary association and, when meeting the other requirements of this subsection, such pond may be registered as private waters.

      (16) "Seafood dealer" means (A) a person, firm or corporation, other than the ultimate consumer, who purchases, ships, consigns, transfers, transports, barters, accepts or packs lobsters, sea scallops, finfish, crabs, including horseshoe crabs, or squid directly from a commercial fisherman for resale, or (B) a commercial fisherman who sells, ships, consigns, transfers or barters his or her own catch of such species to anyone other than a seafood dealer.

      (17) "Set line" means a line fastened between two points, to which is attached a number of smaller lines with hooks attached, but a single line not personally attended may constitute a set line.

      (18) "Sport fishing" means taking or attempting to take any fish, crustacea, sea scallops, squid, horseshoe crabs or bait species whether from salt, brackish or fresh water by any method other than by commercial methods specified by law and regulations of the Commissioner of Environmental Protection for commercial purposes.

      (19) "Taking" means shooting, pursuing, hunting, fishing, killing, capturing, trapping, snaring, hooking and netting any species of wildlife and attempting to shoot, pursue, hunt, fish, kill, capture, trap, snare, hook, net or catch any species of wildlife or any act of assistance to any other person in taking or attempting to take such wildlife whether or not such act results in the capture of any such wildlife.

      (20) "Trapping" means pursuing, killing and capturing by use of any trap, snare, net or other device any bird or wild or domestic quadruped, excluding rats, mice, moles and reptiles, whether such act results in taking or not, including any act of assistance to any other person in taking or attempting to take any such animal by any such method.

      (21) "Trout and salmon" includes brook trout or speckled trout, brown trout, rainbow trout, lake trout, Atlantic salmon, kokanee or sockeye salmon, coho salmon, chinook salmon or any hybrid of any two or more of these species.

      (22) "Wildlife" means all species of invertebrates, fish, amphibians, reptiles, birds and mammals which are ferae naturae or wild by nature.

      (1949 Rev., S. 4846, 4962; 1949, S. 2438d; 1953, S. 2440d; 1955, S. 2439d, 2539d; 1957, P.A. 504, S. 1; 1971, P.A. 872, S. 152, 207; P.A. 75-274, S. 1, 2; P.A. 79-293, S. 1, 6; P.A. 85-53, S. 1; P.A. 94-110, S. 1; P.A. 00-196, S. 54; P.A. 04-97, S. 1.)

      History: 1971 act replaced reference to board of fisheries and game with reference to commissioner of environmental protection in Subdiv. (15) and repealed Subdiv. (4) which had defined that board; P.A. 75-274 redefined "bait species" to include "fish, frogs, crustaceans and insects" rather than "fish listed as minnows ... and frogs, crayfish, perchbugs and helgramites", deleted redundant references to "black" in definition of "black bass" and included salmon in same definition as trout; P.A. 79-293 added definitions of "commercial fisherman" and "commercial fishing gear", renumbering accordingly and redefining "commercial fishing" to reflect inclusion of new terms; P.A. 85-53 included reptiles and amphibians in definition of "animal" in Subdiv. (1) and made a technical change in Subdiv. (21); P.A. 94-110 redefined "commercial fishing", "commercial fishing gear" and "sport fishing" to include taking of sea scallops, squid and horseshoe crabs, further amended definition of "commercial fishing gear" to include taking by sea scallop dredges and hook and line and redefined "taking" to include fishing and hooking; P.A. 00-196 deleted "purse seines" in Subdiv. (8); P.A. 04-97 added new Subdiv. (16) defining "seafood dealer" and redesignated existing Subdivs. (16) to (21) as new Subdivs. (17) to (22), respectively, effective May 10, 2004.

      Cited. 226 C. 265.

PART II
GENERAL PROVISIONS

      Sec. 26-2. Members. Appointment. Compensation. Section 26-2 is repealed.

      (1949 Rev., S. 4847; 1953, June, 1955, S. 2443d; 1971, P.A. 872, S. 152.)

      Sec. 26-3. Powers and duties of commissioner. The Commissioner of Environmental Protection shall enforce all of the laws relating to fish and wildlife of the state and shall possess all powers necessary to fulfill the duties prescribed by law with respect thereto and to bring actions in the proper courts of this state for the enforcement of such laws and the orders and regulations adopted and promulgated by said commissioner. Said commissioner shall have the supervision of hatcheries and retaining ponds and of the introduction, propagation, securing and distribution of such fish and wildlife as are adapted to the waters or lands of this state, and may designate, as closed to fishing, areas of inland waters to provide for spawning beds. The commissioner may take at any time or place, other than Sundays, using any method consistent with professional wildlife management principles, any fish, crustacean, bird or animal for scientific and educational purposes, public health and safety, propagation and dissemination, or protection of natural or agricultural ecosystems. Such taking shall not include the use of a snare. In the case of an imminent threat to public health or public safety, notwithstanding any provision of the general statutes, the commissioner may take at any time or place, using any method consistent with professional wildlife management principles, any fish, crustacean, bird or animal. Said commissioner shall have jurisdiction of all matters relating to fish and wildlife on any land belonging to the state and the regulation of hunting, fishing and trapping and the use of the waters of any lake, pond or stream on such land. The commissioner shall not grant to any conservation officer, appointee or other person any special privileges with respect to hunting, fishing, trapping or the use of the waters of any lake, pond or stream on such land. Said commissioner may erect buildings upon any such land, subject to the permission of the authorities of any institution or commission controlling such land and the approval of the Commissioner of Public Works and the State Properties Review Board. Said commissioner may employ such special assistants as necessary. Said commissioner shall cooperate with the United States Fish and Wildlife Service and the fish and wildlife commissioners of other states. Said commissioner may acquire, by gift or lease and, with the approval of the Governor alone, by purchase, lands for the establishment of fish hatcheries or game preserves and fisheries or wildlife management areas. Said commissioner may, with the approval of the Attorney General, grant rights-of-way or other easements or leases for public purposes to the United States government, any subdivision of the state or any public utility within the state on or with respect to any lands under jurisdiction of said commissioner if said commissioner finds that such purposes are not in conflict with the public interest, provided any such public utility shall pay for any right-of-way, easement or lease so granted such compensation as said commissioner considers reasonable. Said commissioner shall have authority to establish the boundaries of any properties under the jurisdiction of said commissioner by agreement with owners of adjoining property and may, with the approval of the Attorney General alone, exchange land with such property owners and execute deeds in the name of the state for the purpose of establishing such boundaries. The commissioner may provide for the importation of fish and wildlife, and provide for the protection, propagation and distribution of such imported or native fish and wildlife. The commissioner may locate, lay out, construct and maintain nurseries and rearing ponds where fish may be planted, propagated and reared and liberate and distribute such fish in the waters of this state. Said commissioner may acquire by gift, purchase, capture or otherwise any fish or wildlife for propagation, experimental or scientific purposes. Notwithstanding any provisions of the general statutes, said commissioner may destroy and dispose of any undesirable or diseased wildlife in the interest of wildlife management at any time or place and using any method consistent with professional wildlife management principles if said commissioner determines that such wildlife (1) aggressively invades, or is likely to be detrimental to, agricultural crops, native plants, livestock or wildlife, (2) is likely to be a carrier of insects, disease or parasites detrimental to such crops, plants or wildlife, (3) is likely to have a detrimental effect on natural or agricultural ecosystems, (4) is likely to be detrimental to endangered or threatened species or species of special concern, as listed in the regulations adopted by the commissioner under this chapter, or such species' essential habitats, or (5) causes severe property damage. The commissioner may enter into cooperative agreements with educational institutions and state, federal or other agencies to promote wildlife research and to train personnel for wildlife management, information, distribution and education projects, and may enter into cooperative agreements with federal agencies, municipalities, corporations, organized groups or landowners, associations and individuals for the development of fish or wildlife management and demonstration projects. The commissioner may allocate and expend for the protection, restoration, preservation and propagation of fish and wildlife all funds of the state collected, appropriated and acquired for the purpose.

      (1949 Rev., S. 4848; 1953, S. 2444d; 1957, P.A. 402; September, 1957, P.A. 11, S. 13; 1959, P.A. 398, S. 2; 1961, P.A. 155; 1971, P.A. 872, S. 208; P.A. 75-425, S. 41, 57; P.A. 77-614, S. 73, 610; P.A. 87-496, S. 95, 110; P.A. 96-143, S. 2, 4; P.A. 97-250, S. 3; P.A. 03-192, S. 9; P.A. 04-109, S. 13.)

      History: 1959 act deleted references to expenditures from game fund and fish fund for management, protection, distribution, etc. of fish and game; 1961 act authorized taking fish for educational purposes and for public health and safety and deleted provision requiring submission of outline for comprehensive conservation program to general assembly at each regular session; 1971 act replaced references to board of fisheries and game and its director with references to environmental protection commissioner; P.A. 75-425 required approval of state properties review board for erection of buildings on state land and added word "alone" as qualifier re required approval of governor and attorney general in certain actions involving land; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 87-496 substituted "public works" for "administrative services" commissioner; P.A. 96-143 deleted provisions re assignment of persons to occupy department-owned property and the charging of rent, effective July 1, 1996; P.A. 97-250 provided for preliminary determinations required of the commissioner in order to exercise power to destroy undesirable or diseased wildlife in the interest of wildlife management and made a technical change; P.A. 03-192 made technical changes, authorized the commissioner to take any fish, crustacean, bird or animal, using methods consistent with professional wildlife management principles, for protection of natural or agricultural ecosystems or in the case of imminent threat to public health or safety, authorized the acquisition of land for fisheries or wildlife management areas and added provisions re destruction and disposal of undesirable or diseased wildlife using methods consistent with professional wildlife management principles and re additional grounds for such destruction and disposal; P.A. 04-109 made technical changes, effective May 21, 2004.

      See Sec. 26-3b re commissioner's authority to rent department-owned property.

      See Sec. 26-65 re commissioner's authority to regulate hunting.

      See Sec. 26-72 re regulation of trapping of fur-bearing animals.

      See Sec. 26-107f re conservation of nonharvested wildlife.

      Cited. 148 C. 621.

      Sec. 26-3a. Acquisition of easements for maintenance of dams. The Commissioner of Environmental Protection may acquire by purchase, lease or gift, or by condemnation in the manner provided by part I of chapter 835, such lands, easements or rights-of-way as are needed in connection with maintenance, repairs, reconstruction or remodeling of state-owned dams.

      (1963, P.A. 341; 1971, P.A. 872, S. 209.)

      History: 1971 act replaced board of fisheries and game with commissioner of environmental protection.

      Sec. 26-3b. Rental, sale, exchange or transfer of real property and buildings in the custody or control of the commissioner. Right of first refusal. (a) When the Commissioner of Environmental Protection deems that it would be in the interest of the state, he may rent to any person, or assign departmental employees to occupy, houses, other buildings or property in the custody or control of said commissioner. If he rents property to persons who are not employees of the department he shall first obtain the approval of the State Properties Review Board and any such rent shall at least be equal to the fair market rental value of such property as determined by the commissioner, notwithstanding any other provision of the general statutes or of any regulations of any state agency. Rentals to persons other than departmental employees may be for commercial, residential or any other purpose that the commissioner deems to be in the interest of the state. If he assigns departmental employees to occupy such property, he may impose whatever conditions he deems necessary upon such assignment. He may also rent any such property to a departmental employee, and if, in his judgment, a rental fee should be charged to such employee, he shall determine such rental fee, notwithstanding any other provision of the general statutes or of any regulations of any state agency. The commissioner may, in the name of the state, execute leases, contracts or other documents to carry out the purposes of this section. All moneys from the rental of any such property shall be deposited into the maintenance, repair and improvement account established under section 22a-27h.

      (b) Notwithstanding any other provision of the general statutes or of any regulations of any state agency, if the Commissioner of Environmental Protection determines that it would be in the interest of the state, he may, subject to the approval of the State Properties Review Board and the Governor, sell, exchange or otherwise transfer the state's interests in houses or buildings in the custody and control of said commissioner and land accompanying any such house or building provided no house, building or accompanying land shall be sold, exchanged or any interest therein transferred for less than its fair market value as determined by the commissioner. Said commissioner may, in the name of the state, execute deeds, contracts or other documents for such purposes. The commissioner shall ensure that any land sold under this section shall be subject to a deed restriction preventing further subdivision. The commissioner may require further conservation restrictions as part of such sale to prevent or limit other activities including, but not limited to, tree cutting or construction of additional structures. All moneys from any such sale, exchange or transfer of any interest pursuant to this section shall be used by the commissioner to carry out the purposes of the recreation and natural heritage trust program established under chapter 453.

      (c) The commissioner shall grant a right of first refusal regarding the purchase of any land offered for sale under subsection (b) of this section to any person who has provided notice of interest in such right to the commissioner under this subsection and who provides evidence satisfactory to the commissioner that (1) such person is the husband or wife, parent, grandparent, sibling, child or grandchild of (A) a person who held title to the land in fee immediately prior to the state's taking title provided the state acquired such title on or after January 1, 1969, and prior to January 1, 1975, and (B) a person who owns land contiguous to the land being offered for sale, or (2) such person (A) is the husband or wife, parent, grandparent, sibling, child or grandchild of a person who held title to the land immediately prior to the state's taking title provided the state acquired such title on or after January 1, 1969, and prior to January 1, 1975, and (B) owns land contiguous to the land being offered for sale. Notice of interest in such right shall be in writing and shall provide an address to which notice of an offer for sale may be sent and shall further provide any information the commissioner deems relevant to any determination required of him under this subsection. If he finds that such notice is complete, the commissioner shall send notice to such person, by certified mail, prior to offering such land for sale to any other person under subsection (b) of this section. Such right shall be exercised not later than thirty days after the date that notice of an offer for sale is received. In the event that more than one notice of interest is filed with the commissioner, the person who provided the first notice deemed complete by the commissioner shall be given the right of first refusal.

      (P.A. 96-143, S. 3, 4; P.A. 97-71, S. 3, 4.)

      History: P.A. 96-143 effective July 1, 1996 (Revisor's note: In codifying this section in Subsec. (b) the word "any" was added editorially by the Revisors in the phrase "... and land accompanying any such house or building provided no ..."); P.A. 97-71 added new Subsec. (c) re right of first refusal for certain persons related to former owners of land offered for sale under Subsec. (b), effective May 27, 1997.

      Sec. 26-4. Appointment and duties of director. Section 26-4 is repealed.

      (1949 Rev., S. 4847; 1953, S. 2446d; 1953, 1955, S. 2443d; 1971, P.A. 872, S. 152.)

      Sec. 26-5. Appointment of conservation officers, special conservation officers and patrolmen. The Commissioner of Environmental Protection shall appoint such number of conservation officers as may be necessary for the efficient execution of the duties of the department under section 26-6. The commissioner may supplement the regular conservation officer force by appointing as special conservation officer any employee of the department or any sworn federal law enforcement officer of the United States Fish and Wildlife Service or National Marine Fisheries Service, provided such federal officer shall not be considered an employee of the state and may only exercise such officer's authority pursuant to section 26-6 when working with a full-time conservation officer. The commissioner may also appoint any lake patrolman as a special conservation officer solely for the purpose of enforcing boating laws within such patrolman's jurisdiction, provided such patrolman shall not be considered an employee of the state, and further provided that such patrolman has completed a police training course at the state police training school or an equivalent course approved by the Commissioner of Public Safety. Notwithstanding the provisions of this section, no such lake patrolman shall carry a firearm while in the performance of his or her duties as a special conservation officer unless the board of selectmen of the town or towns in which the lake on which the lake patrolman serves is located approves such carrying of a firearm, or in the case of any town having no board of selectmen, the lake patrolman obtains the approval of the legislative body of such town or towns in which the lake is located. Each conservation officer or special conservation officer shall complete a police training course at the state police training school or an equivalent course approved by the Commissioner of Public Safety. Special conservation officers who are employees of the department shall be entitled to the same benefits to which conservation officers are entitled under the provisions of section 5-142; and such an appointment shall be deemed not to be in conflict with any of the provisions of chapter 67. In addition to their salaries, conservation officers and special conservation officers who are employees of the department shall be reimbursed for all expenses incurred in performance of official duty.

      (1949 Rev., S. 4865; 1953, 1955, S. 2457d; 1971, P.A. 872, S. 210; P.A. 74-245, S. 1; P.A. 77-614, S. 486, 610; P.A. 81-227, S. 4; P.A. 06-70, S. 1; 06-76, S. 30.)

      History: 1971 act replaced references to board of fisheries and game and its director with references to commissioner and department of environmental protection; P.A. 74-245 referred to department's duties under Sec. 26-6 rather than under entire title, authorized appointment of patrolmen who complete a police training course and deleted provision which had allowed appointment of caretakers or watchmen at state parks, game refuges, etc. as special officers or patrolmen; P.A. 77-614 replaced state police commissioner with commissioner of public safety, effective January 1, 1979; P.A. 81-227 required conservation officers, special conservation officers, and patrolmen to complete police training courses; P.A. 06-70 and 06-76 both added identical provisions re appointment of sworn federal law enforcement officers of U.S. Fish and Wildlife Service or National Marine Fisheries Service and lake patrolmen as special conservation officers, and P.A. 06-76 also added provision prohibiting lake patrolmen from carrying a firearm unless approved by board of selectmen or legislative body, both effective May 30, 2006.

      Sec. 26-6. Powers and duties of conservation officers and patrolmen. (a) Conservation officers, special conservation officers and patrolmen appointed by the commissioner under authority of section 26-5, shall enforce the provisions of title 23 and this title and chapters 246, 247, 248, 255 and 268 and regulations adopted pursuant to such titles and chapters and sections 15-180, 22a-250, 26-192c to 26-192h, inclusive, 29-28, 29-35, 29-38, 53-134, 53-190, 53-191, 53-194, 53-203, 53-204, 53-205, 53a-59 to 53a-64, inclusive, 53a-100 to 53a-117a, inclusive, subsection (b) of section 53a-119b, 53a-122 to 53a-125, inclusive, 53a-130, 53a-133 to 53a-136, inclusive, 53a-147 to 53a-149, inclusive, 53a-157b, 53a-165 to 53a-167c, inclusive, 53a-171, 53a-181 to 53a-183a, inclusive, 54-33d and 54-33e.

      (b) Conservation officers, special conservation officers and patrolmen may, without warrant, arrest any person for any violation of any of the provisions set forth in subsection (a) of this section, and any full-time conservation officer shall, in the performance of his duties in any part of the state, have the same powers to enforce such laws as do policemen or constables in their respective jurisdictions. Any full-time conservation officer shall, incident to a lawful arrest while enforcing such laws in the performance of his duties in any part of the state, have the same powers with respect to criminal matters and the enforcement of the law relating thereto as policemen or constables have in their respective jurisdictions.

      (c) Any conservation officer, special conservation officer or patrolman may, anywhere within the boundaries of the state, examine the contents of any boat, ship, automobile or other vehicle, box, locker, basket, creel, crate, game bag or game coat or other package in which he has probable cause to believe that any fish, crustacean, bird or quadruped is being kept, in violation of any said statutory provisions or any regulation issued by the commissioner, or any regulation issued by the United States Fish and Wildlife Service as provided by section 26-91, and to ascertain whether any provision of any law or any regulation for the protection of any fish, crustacean, bird or quadruped has been or is being violated, and, shall have the same authority as police officers to obtain and execute search warrants as provided for in sections 54-33a, 54-33b and 54-33c.

      (d) Any conservation officer, special conservation officer or patrolman, may be appointed a special policeman under the provisions of section 29-18.

      (e) The Commissioner of Environmental Protection is authorized to assign one or more conservation officers to patrol and inspect the buildings, lands and waters owned by The White Memorial Foundation, Incorporated, located in the towns of Litchfield and Morris and, in addition to their powers as conservation officers, such officers may be appointed special policemen under the provisions of section 29-18.

      (f) Each conservation officer, special conservation officer or patrolman shall be sworn to the faithful performance of his duties.

      (1949 Rev., S. 4866; 1955, June, 1955, S. 2458d; 1971, P.A. 233; 871, S. 101; 872, S. 211; P.A. 74-245, S. 2; P.A. 75-567, S. 68, 80; P.A. 80-341, S. 2; P.A. 81-227, S. 2; P.A. 87-589, S. 47, 87; P.A. 89-321, S. 9, 12; P.A. 90-173, S. 10; P.A. 91-402; P.A. 96-180, S. 95, 166; P.A. 00-99, S. 69, 154; P.A. 03-136, S. 7; P.A. 05-234, S. 11.)

      History: 1971 acts specified that law enforcement powers of full-time conservation officers are same as those of sheriffs, policemen or constables, replaced reference to Secs. 53-108, 53-110, 53-118 and 53-123 with reference to Secs. 53a-109 and 53a-115 to 53a-117 and replaced references to board of fisheries and game and its director with references to environmental protection commissioner; P.A. 74-245 divided section into Subsecs., listed statutes which conservation officers and patrolmen have power to enforce in greater detail than previously and made technical changes for clarity; P.A. 75-567 substituted Sec. 22a-27d for Sec. 53-51 in Subsec. (a), reflecting its transfer; P.A. 80-341 added reference to Subsec. (b) of Sec. 53a-119b in Subsec. (a); P.A. 81-227 amended Subsec. (a) by expanding the authority of conservation officers to enforce provisions of chapters on motor vehicles, litter, firearms and bribery of public servants and amended Subsec. (b) by granting conservation officers same authority as police officers to obtain and execute search warrants, replacing provision granting them power to search buildings, dwellings, trailers and tents with a search warrant; P.A. 87-589 substituted reference to Sec. 53a-183a for reference to Sec. 53a-183 in Subsec. (a); P.A. 89-321 added references to Secs. 26-192c to 26-192h, inclusive, (formerly Secs. 19a-96 to 19a-101); P.A. 90-173 proposed to amend Subsec. (a) to add reference to Secs. 15-171 to 15-175, inclusive, but said Secs. included in existing reference to chapter 268 and the wording remains the same; P.A. 91-402 amended Subsec. (b) to add provision granting full-time conservation officers, incident to a lawful arrest while enforcing the laws set forth in Subsec. (a), the same powers with respect to criminal matters and the enforcement of the law relating thereto as sheriffs, policemen or constables have in their respective jurisdictions, and divided Subsec. (b) into Subsecs. (b) and (c) and relettered the remaining Subsecs. accordingly; P.A. 96-180 amended Subsec. (e) to change "Said commissioner" to "The Commissioner of Environmental Protection", effective June 3, 1996; P.A. 00-99 deleted references to sheriffs in Subsec. (b), effective December 1, 2000; P.A. 03-136 amended Subsec. (a) to include reference to Sec. 15-180, effective June 26, 2003; P.A. 05-234 amended Subsec. (a) to replace reference to sections "53a-100 to 53a-117, inclusive" with "53a-100 to 53a-117a, inclusive", effective January 1, 2006.

      Sec. 26-6a. Constables for fish and game protection. (a) The chief executive authority of any town, city or borough, with the consent and approval of the police commission of such town, city or borough, if any, otherwise the chief of police, if any, may appoint and administer the oath of office to special officers to be known as constables for fish and game protection, whose duties shall be limited to the enforcement, in the municipality of their appointment, of state and local fish and game laws and regulations issued by the Commissioner of Environmental Protection, any local ordinance relating to hunting, fishing and trapping and any provision of section 53-205 or 53a-109. Before entering upon the duties of their office, such officers shall post any bond which may be required for constables by such town, city or borough. Any person so appointed shall serve without compensation and shall be subject to such rules and regulations governing conduct as said chief executive authority deems necessary. Each such officer shall, within twenty-four hours, report all arrests made by him to the chief executive authority or a person designated by such authority. Such authority or the person so designated shall, within twenty-four hours thereafter, report such arrests to a district supervisor or conservation officer of the Department of Environmental Protection. All such constables for fish and game protection shall perform their duties under the supervision of, and be responsible to, such chief executive authority. Any such officer may be removed from office at any time by such authority or the chief of police upon approval of a majority of the police commission, if any. The commissioner shall cooperate with local officials in the instruction of such special officers and shall formulate and conduct a training seminar once annually for constables appointed pursuant to this section, which seminar shall be completed by any such constable prior to entering upon the duties of his office.

      (b) The Commissioner of Environmental Protection shall request that the chief executive authority of a town, city or borough appoint constables pursuant to subsection (a) of this section when the commissioner has received written reports of violations in such town, city or borough of the regulations for hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials or the regulations for shooting towards persons, buildings or animals.

      (1959, P.A. 150; 1971, P.A. 871, S. 102; 872, S. 212; P.A. 82-327, S. 11; P.A. 91-378, S 6.)

      History: 1971 acts replaced reference to Secs. 53-108, 53-118 and 53-123 with reference to Secs. 53-205 and 53a-109 and replaced references to board of fisheries and game with references to commissioner and department of environmental protection; P.A. 82-327 removed the reference to a mandatory bond, which was no longer required by statute; P.A. 91-378 amended Subsec. (a) to provide for training seminars for constables and added a new Subsec. (b) concerning request by commissioner for appointment of constable.

      Sec. 26-6b. Search of containers by conservation officers. Any person who, upon request or signal of any conservation officer or special conservation officer performing his duty pursuant to section 26-6, fails to stop or remain stopped until such officer reaches his immediate vicinity and makes known to him the reason for the request or signal, or any person who fails to stand by for inspection of any container in his possession on request from such officer under such circumstances or who disposes of any fish, crustacean or container of any kind, or its contents, after being requested or signalled to stop by such officer but before such officer has inspected the same shall be fined not less than fifty or more than five hundred dollars or imprisoned not more than ninety days or both.

      (1967, P.A. 305.)

      Sec. 26-6c. Immunity from attachments. No attachments shall be made against the real or personal property of any conservation officer, special conservation officer or patrolman for any actions taken in the performance of his duties.

      (P.A. 74-245, S. 4.)

      Sec. 26-7. Volunteer assistants. The Commissioner of Environmental Protection may appoint suitable citizens in each community to assist as volunteers, without compensation, in any fish and game program of the department with the same authority as regular members of the department, except the power of enforcement or arrest.

      (1953, S. 2456d; 1971, P.A. 872, S. 213.)

      History: 1971 act replaced references to board and department of fish and game with references to commissioner and department of environmental protection.

      Sec. 26-8. Ordinances controlling use of waters not applicable to department or employees. No municipal ordinance, the purpose of which is to control the use of boats and motors on, or other public use of, any lake or pond, shall apply to boats and motors owned by the department or be enforceable against any employee of the department while he is engaged in the enforcement of laws and regulations and the performance of other official duties.

      (1957, P.A. 275; 1971, P.A. 872, S. 214.)

      History: 1971 act replaced references to board of fisheries and game with references to environmental protection department.

      Sec. 26-9. Annual exhibition. The commissioner, in conjunction with and by assistance from other state departments, is authorized to promote and direct an annual Connecticut exhibition for the purpose of disseminating information regarding the activities and achievements of the various state departments, particularly those connected with the conservation or restoration of forests and wildlife, and the opportunities for other forms of outdoor recreation in the state. The expense of conducting such exhibition shall be paid from admission charges. No expense shall be imposed upon the state by reason of such exhibition, except that departments may use from their appropriations such funds as may be necessary for preparing and placing exhibits at any such exhibitions. Any profits derived from any such exhibition shall be paid to the State Treasurer.

      (1949 Rev., S. 4853; 1971, P.A. 872, S. 215; P.A. 77-614, S. 19, 610; P.A. 88-1, S. 8, 13.)

      History: 1971 act replaced reference to board of fisheries and game with reference to commissioner of environmental protection; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 88-1 eliminated provision requiring approval of secretary of the office of policy and management of the use of departmental appropriations for preparation and placement of exhibits.

      Secs. 26-10 to 26-13. Board may borrow from General Fund. Game Fund. Fish Fund. Disposition of receipts. Sections 26-10 to 26-13, inclusive, are repealed.

      (1949 Rev., S. 4854, 4873, 5018, 5019; 1953, S. 2549d, 2550d; 1957, P.A. 159; 160; 1959, P.A. 398, S. 3, 4, 25; 1971, P.A. 872, S. 152.)

      Sec. 26-14. Federal aid for fish restoration projects. The state hereby assents to the provisions of Public Law 681, 81st Congress, entitled "An Act to Provide that the United States Shall Aid the States in Fish Restoration and Management Projects, and for Other Purposes", approved August 9, 1950, and the Commissioner of Environmental Protection is directed to perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in said act, in compliance with said act and rules and regulations promulgated by the Secretary of the Interior thereunder; and no funds accruing to the state from license fees paid by fishermen shall be diverted for any other purpose than the protection, propagation, preservation and investigation of fish and game and administration of the functions of the department relating thereto.

      (1951, S. 2461d; 1971, P.A. 872, S. 216.)

      History: 1971 act replaced references to state board of fisheries and game with references to commissioner and department of environmental protection.

      Sec. 26-15. Federal aid for wildlife restoration projects. The state of Connecticut assents to the provisions of the Act of Congress entitled "An Act to Provide that the United States Shall Aid the States in Wildlife Restoration Projects, and for Other Purposes", approved September 2, 1937, and the Commissioner of Environmental Protection is authorized and directed to perform such acts as may be necessary to the establishment and operation of cooperative wildlife restoration projects, as defined in said act of congress, in compliance with said act and with rules and regulations promulgated by the Secretary of the Interior thereunder.

      (1949 Rev., S. 4925; 1971, P.A. 872, S. 217.)

      History: 1971 act replaced board of fisheries and game with commissioner of environmental protection.

      Sec. 26-15a. Appropriations to the department. Annual report. (a) The provisions of sections 26-14 and 26-15 shall remain in full force and effect, and there shall be appropriated to the Department of Environmental Protection for each fiscal year a sum not less than the total estimated receipts from fishing and hunting and trapping licenses for such year issued under the provisions of this chapter.

      (b) To the extent authorized by federal law or regulation, the Department of Environmental Protection shall supplement the funds appropriated to the department for fish and wildlife programs by taking full advantage of the annual apportionment made pursuant to the provisions of (1) Public Law 681, 81st Congress, entitled "An Act to Provide that the United States Shall Aid the States in Fish Restoration and Management Projects, and for Other Purposes", approved August 9, 1950, and (2) the act of Congress entitled "An Act to Provide that the United States Shall Aid the States in Wildlife Restoration Projects, and for Other Purposes", approved September 2, 1937. On or before February first, annually, the department shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, which sets forth, for the twelve-month period ending the preceding September thirtieth, the amount of such federal funds received by the department, the amount of such funds expended and the purposes for which such funds were expended.

      (1959, P.A. 398, S. 24; 1971, P.A. 872, S. 218; P.A. 84-413.)

      History: 1971 act replaced state board of fisheries and game with department of environmental protection; P.A. 84-413 added Subsec. (b) requiring the department to take full advantage of federal funds for fish and wildlife projects and to submit an annual report of such funds.

      Sec. 26-16. Public hunting and fishing lands and waters. The commissioner is authorized to acquire for the use of the state, by gift, lease, purchase or agreement, fishing, hunting, trapping or shooting rights or privileges on any land or water in this state, with necessary rights of ingress thereto and egress therefrom, or, with the approval of the Governor, to purchase land or water for the purposes of such rights or privileges. The commissioner may, by regulation, open or close any of such land or waters for the purpose of regulating hunting, shooting, trapping, fishing, dog training, field dog trials or other public use. The commissioner may, by regulation, govern and prescribe the maximum number of persons or boats that may use such land or waters and may require that a permit be obtained from the commissioner or his agent to enter upon such land or waters for the purposes described in this section, and said commissioner may further require that such permit be returned to him or his agent with an accurate report of all fish or wildlife taken under such permit. The commissioner may, by regulation, govern and prescribe the use of such lands and waters, the open and closed seasons, the method of taking, the legal length and the daily creel or bag limits for all species of fish and wildlife thereon. He may furnish or supply at a reasonable fee, on such lands or waters, boats or other facilities for use by fishermen or hunters. Portions of such lands and waters may be posted by the commissioner as a closed area and, when they are so posted, no person shall enter thereon for the purpose of hunting, shooting, trapping, fishing, dog training, field dog trials or other public use, and no person shall allow any dog in his charge to enter upon such land or water. No person over the age of sixteen years shall fish, hunt or trap on such land or water without a license; provided the owner in fee of any land or water who conveys to the state fishing, hunting, trapping or shooting rights by gift, lease or agreement, or the wife or husband of such owner, or his lineal descendants, may sport fish, hunt or trap on such land or water during the prescribed open seasons without a license. The owner of any such land or waters shall not be liable for any injury to any person who may be thereon for the purpose of hunting, fishing or trapping. Any person who violates any regulation adopted pursuant to this section shall have committed an infraction and may pay the fine by mail or plead not guilty under the provisions of section 51-164n.

      (1949 Rev., S. 4855; 1949, 1953, S. 2449d; 1971, P.A. 872, S. 219; P.A. 82-255, S. 2.)

      History: 1971 act replaced references to board of fisheries and game with references to commissioner and department of environmental protection; P.A. 82-255 deleted prior provisions re fine and revocation of permit and re power of environmental protection departments officers to make arrests and serve process, inserting new provisions establishing violations as infractions.

      History of section. 148 C. 618. Clear intent board could acquire, by purchase, whatever land or water was needed for hunting and fishing purposes and ingress and egress. Id., 619. Construction of statute to restrict power to acquisition of access to nonnavigable inland lakes, ponds, streams and hunting grounds as distinguished from access to navigable streams and rivers and the coast line would thwart obvious purpose. Id., 620. Parking of automobiles held incidental to use of property as access. Id., 621. No formality prescribed for approval by governor. Id., 623.

      Sec. 26-17. Release of fishing or hunting rights. The commissioner, by agreement with the land owner, may cancel any short-term lease of fishing or hunting rights in the event of the sale or transfer of property involved upon the refund to the state of the proportionate amount of the rental for the unexpired portion of the term of the lease.

      (1949 Rev., S. 4849; 1971, P.A. 872, S. 220.)

      History: 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner.

      Sec. 26-17a. Acquisition and preservation of tidal wetlands. (a) For the purposes of this section, "tidal wetlands" means any land contiguous with, adjacent to or adjoining waters which are subject to tidal action at any time. The Department of Environmental Protection shall establish a program for the protection, preservation, acquisition and improvement of the tidal wetlands of the state.

      (b) The Commissioner of Environmental Protection may, by purchase, exchange, condemnation, gift, devise, lease or otherwise, acquire tidal wetlands or any easements, interests or rights therein, or enter into covenants and agreements with owners of such tidal wetlands to maintain, improve, protect, limit the future use of or otherwise conserve such tidal wetlands. The commissioner may also enter into leases with an option to buy tidal wetlands, provided the term of any such lease shall not exceed ten years.

      (c) The commissioner is authorized to take land or any interests therein by right of eminent domain in the manner provided in section 48-12 for the purposes for which he is authorized to acquire land under the provisions of subsection (b) of this section. All of the owners of different tracts of land which are included in the same tidal wetlands area may be joined in the same action.

      (d) When the municipal property tax on any tidal wetlands is unpaid for a period of six years, the tax collector of the municipality in which such tidal wetlands are located shall notify the Commissioner of Environmental Protection. Said commissioner may direct the municipality to take title to such tidal wetlands by foreclosure of its tax liens and, upon payment to the municipality of a sum equal to the amount of the tax liens foreclosed and the expenses incurred by it in the foreclosure action, the municipality shall convey title of said wetlands to the state.

      (1967, P.A. 536, S. 1-5; 1971, P.A. 872, S. 221; P.A. 05-288, S. 116.)

      History: 1971 act replaced department of agriculture and natural resources with department of environmental protection; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005.

      See Sec. 22a-29 et seq. re regulation of wetlands.

      Sec. 26-18. Fish or game for propagation. Any person who, in making application to the Commissioner of Environmental Protection for any fish, fish fry, fingerling fish, game or game bird or any egg of any game bird, makes any false statement concerning the use to be made thereof, with intent to deceive the commissioner, or who makes any use thereof other than that specified in such application, shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.

      (1949 Rev., S. 4999, 5009; 1971, P.A. 872, S. 222.)

      History: 1971 act replaced references to board of fisheries and game with references to commissioner of environmental protection.

      Sec. 26-19. Motor boats in Bantam River. No person shall operate a boat propelled by an internal combustion engine upon the waters of that part of Bantam River in the town of Litchfield between the demarcation lines established under the provisions of section 26-110 at the mouth or outlet of said river where it enters Bantam Lake and the outlet or inlet at Little Pond. Any person who violates any provision of this section shall be fined not more than one hundred dollars. Any conservation officer shall have the power to enforce the provisions of this section.

      (1949 Rev., S. 4931; 1957, P.A. 416; P.A. 90-341, S. 8.)

      History: P.A. 90-341 added the references to specify the "outlet" of the Bantam River and the "inlet" at Little Pond.

      Sec. 26-20. Signs on rights-of-way to state ponds or streams. The commissioner shall erect a sign or signs on the right-of-way to each pond or stream owned or leased by the state for the use of sport fishermen, which sign or signs shall clearly indicate the location and limits of such right-of-way.

      (1949 Rev., S. 4856; 1971, P.A. 872, S. 223.)

      History: 1971 act replaced board of fisheries and game with commissioner of environmental protection.

      Sec. 26-21. Notice not to be destroyed. Any person who defaces, obliterates or destroys any notice or proclamation, posted pursuant to any of the provisions of this chapter, shall be fined seventy-seven dollars.

      (1949 Rev., S. 4894, 4897; 1957, P.A. 277; 1971, P.A. 872, S. 224; P.A. 95-119, S. 2.)

      History: 1971 act replaced board of fisheries and game with department of environmental protection; P.A. 95-119 deleted provision re destruction of certain property of the Department of Environmental Protection, deleted provision re imprisonment for defacing a notice or proclamation and set the fine at seventy-seven dollars.

      Sec. 26-22. Control of aquatic plants and animals. The commissioner may, after investigation has indicated that such measures are in the interest of fisheries management, use chemical, electrical or mechanical means to remove undesirable plants or animals from the waters of the state or may add substances to the waters of the state for the purpose of increasing the production of fish food organisms in such waters. Where such waters are used for a water supply furnished to the public or are tributary to such water supply, the addition of chemicals and substances to such waters shall be subject to the approval of the Department of Public Health.

      (1949, S. 2459d, 2460d; February, 1965, P.A. 271, S. 2; 1971, P.A. 872, S. 225; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

      History: 1965 act deleted requirement that use of chemical, electrical or mechanical means to remove undesirable animals and plants from state waters be supervised by board of fisheries and game or its agents; 1971 act replaced board of fisheries and game with commissioner of environmental protection; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

      See Sec. 22a-339g re control of nonnative invasive plant species.

      See Sec. 26-119 re use of explosives or poisons in waters of the state.

      Sec. 26-23. Abandoned or discarded fishing or hunting implements. Any weapon, article or implement, capable of being used for the purpose of taking, catching or holding any fish, crustacean, wild or game bird, wild or game quadruped, reptile or amphibian, which is abandoned, discarded or thrown away in an attempt to destroy or conceal evidence or to prevent apprehension, may be seized and taken into possession by any conservation officer. If the owner or person having custody of any such article at the time it is abandoned, discarded or thrown away fails to claim such article within one year after it comes into the possession of such officer, such article shall be forfeited to the state and may be retained for use by the commissioner, may be sold at public auction or may be destroyed at the discretion of said commissioner. The proceeds from such sales shall be paid to the State Treasurer to be credited to the General Fund.

      (1949 Rev., S. 5017; 1959, P.A. 398, S. 20; 1971, P.A. 872, S. 226; P.A. 85-53, S. 2.)

      History: 1959 act required that proceeds from sale of forfeited articles be credited to general fund rather than fish and game funds; 1971 act replaced references to board of fisheries and game with references to commissioner of environmental protection; P.A. 85-53 applied provisions of section to implements used to take reptiles or amphibians.

      Sec. 26-24. Use or disposal of seized articles. Any hunting, fishing or trapping weapon, device, implement or article seized and held as evidence by the commissioner and not claimed by the owner thereof within a period of one year from the date of such seizure may be retained for use by the commissioner or assigned by said commissioner to any other state agency, or may be sold at public auction by the Commissioner of Administrative Services at the request of said commissioner, or may be destroyed at the discretion of said commissioner. The proceeds of any such sale shall be paid to the Treasurer and credited to the General Fund.

      (1953, S. 2554d; 1959, P.A. 398, S. 5; 1971, P.A. 872, S. 227; P.A. 77-614, S. 135, 610.)

      History: 1959 act required that proceeds from sale of seized articles be deposited in general fund rather than in fish and game funds; 1971 act replaced references to board of fisheries and game with references to commissioner of environmental protection; P.A. 77-614 replaced reference to director of purchases of the department of finance and control with commissioner of administrative services.

      Sec. 26-25. Commissioner may declare closed season or extend open season. (a) The commissioner may, when he finds that extraordinary precautions are necessary to prevent fires in any woodland of the state, declare a closed season, during which sport fishing in inland waters or hunting on any land or waters of the state shall be suspended and the provisions relating to closed seasons shall be in force; but the provisions of this section shall not apply to the hunting of sea coots (scoters), old squaw and eider ducks from boats or rock formations in open coastal waters seaward of the first upstream bridge; to licensed shooting preserves, or to authorized field trials sanctioned by the American Kennel Club or American Field; or to sport fishing from boats, docks, wharves, floats or bridges in lakes and ponds, the Connecticut River, the Thames River and the Housatonic River downstream of Derby Dam when such lakes, ponds and rivers can be reached over open roads and access to such lakes, ponds and rivers by sport fishermen is by this means, to shad fishing at the state-controlled area of the Enfield Dam in Suffield, or to fishing in licensed commercial hatcheries. Upon the termination of the necessity for any such closed season, the commissioner may reopen the season. Whenever the commissioner, under the provisions of this subsection, declares a closed season for any period, he may extend the open season for an equal period.

      (b) The commissioner may, when he finds that the harvest level for a species exceeds or fails to meet the harvest level for efficient management of such species, declare a closed season or extend the open season for the sport fishing, hunting or trapping of such species. Any closed season or extended open season may be limited to a specific area.

      (c) Whenever the commissioner declares a closed season, the reopening of a closed season or the extension of an open season under the provisions of this section, he shall cause notice thereof to be published in the Connecticut Law Journal.

      (1949 Rev., S. 4851; 1955, S. 2448d; February, 1965, P.A. 61, S. 1; 1971, P.A. 872, S. 228; P.A. 86-26.)

      History: 1965 act clarified prohibitions and exceptions to them by referring to specific waterfowl and shore birds excepted from provisions, to specific rivers excepted, to shad fishing in the state-controlled area of the Enfield Dam and to fishing in licensed commercial hatcheries, and deleted provision which had allowed continuation of open season beyond November thirtieth in any year; 1971 act transferred powers formerly held by governor to commissioner of environmental protection and required that notice be published in Connecticut Law Journal when closed season declared or when it is reopened or when open season is extended; P.A. 86-26 divided section into Subsecs. and added new provision concerning closed and open seasons when harvest levels exceed or fail to meet harvest levels for efficient management.

      See Sec. 23-50 re authority of Governor to close forests as precaution against fires.

      Sec. 26-25a. Regulation of feeding of wildlife on state-owned property. (a) The Commissioner of Environmental Protection may adopt regulations in accordance with the provisions of chapter 54 prohibiting or restricting the feeding of wildlife on state-owned property. Such regulations shall include, but not be limited to, procedures for designating areas subject to such prohibitions or restrictions. Any such designation shall be effective after public notice and a public comment period.

      (b) Any conservation officer appointed pursuant to section 26-5 and any other officer authorized to serve criminal process may enforce any regulations adopted pursuant to subsection (a) of this section. Any violation of such regulations shall be an infraction.

      (P.A. 87-546.)

      Sec. 26-25b. Disclosure of stocking schedules. Notwithstanding any provision of section 1-210 to the contrary, any schedule describing the date and location of the stocking or release of any fish or animal into the wild shall not be disclosed to the public until after such stocking or release has taken place unless the Commissioner of Environmental Protection deems such disclosure to be in the best interest of proper fish or wildlife management.

      (P.A. 90-166, S. 3, 5.)

      Sec. 26-25c. Release of lighter-than-air balloons restricted. Penalty. (a) No person, nonprofit organization, firm or corporation, including the state and its political subdivisions, shall knowingly release, organize the release of or intentionally cause to be released into the atmosphere within a twenty-four-hour period ten or more helium or other lighter-than-air gas balloons in the state.

      (b) Any violation of subsection (a) of this section shall be an infraction.

      (P.A. 90-7.)

      Sec. 26-26. Enforcement in state boundary waters of fish and game laws. If and when the state of Rhode Island, the state of Massachusetts or the state of New York enacts a similar law for arrest and punishment for violations of the fish and game laws of this state, or of the state of Rhode Island, the state of Massachusetts or the state of New York, committed or attempted to be committed by any person or persons fishing in that portion of any waters lying between any of such states and this state, any game protector, conservation officer, fish and game warden or other person of either state who is authorized to make arrests for such violations of the fish and game laws of any such other state or this state shall have authority to make arrests on any part of any such waters lying between such states and to take the person or persons so arrested for trial to the state in which the violation was committed, for prosecution according to the laws of such state.

      (1949 Rev., S. 4863.)

      Sec. 26-26a. Northeast Conservation Law Enforcement Compact.

      THE NORTHEAST CONSERVATION LAW ENFORCEMENT COMPACT

Article I
Purposes

Article II
Entry Into Force and Withdrawal

Article III
The Compact

Article IV
Compact Powers

Article V
Mutual Aid

Article VI
Construction and Severability

PART III
LICENSES AND PERMITS

      Sec. 26-27. Licenses required for hunting, trapping and fishing. (a) Except as provided in subsection (b), (c), (e) or (f) of this section and other provisions of this chapter providing specific license exemption, no person shall take, hunt or trap, or shall attempt to take, hunt or trap, or assist in taking, hunting or trapping, any wild bird or mammal and no person more than sixteen years of age shall take, attempt to take, or assist in taking any fish or bait species in the inland waters by any method, without first having obtained a license as provided in this chapter. No person under sixteen years of age shall hunt or trap, except as provided in section 26-38.

      (b) Any landowner who has a domiciliary residence in this state, his spouse or lineal descendants may hunt, trap or fish on land owned by him or on land leased by him and on which he is actually domiciled, which land is not used for club, fishing or hunting purposes, without a license, subject to the provisions of this chapter.

      (c) No fishing license shall be required for any person who is rowing a boat or operating the motor of a boat from which other persons are taking or attempting to take fish.

      (d) The taking of fish and bait species as herein provided shall be regarded as sport fishing and the taking of such species in the inland waters by commercial methods for commercial purposes shall be governed by other provisions of this chapter.

      (e) No fishing license shall be required for any resident of the state who is participating in a fishing derby authorized in writing by the Commissioner of Environmental Protection provided (1) no fees are charged for such derby, (2) such derby has a duration of one day or less and (3) such derby is sponsored by a nonprofit civic service organization. Such organization shall be limited to one derby in any calendar year.

      (f) The Commissioner of Environmental Protection may designate one day in each calen