CHAPTER 490
FISHERIES AND GAME

PART II
GENERAL PROVISIONS

      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.

      (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; June Sp. Sess. P.A. 09-3, S. 471.)

      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; June Sp. Sess. P.A. 09-3 amended Subsec. (a) by deleting provision requiring moneys from rental of certain property to be deposited into maintenance, repair and improvement account.

      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, including, but not limited to, license fees paid by fishermen pursuant to section 26-28c, 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; P.A. 09-173, S. 8.)

      History: 1971 act replaced references to state board of fisheries and game with references to commissioner and department of environmental protection; P.A. 09-173 added provision re license fees paid by fishermen pursuant to Sec. 26-28c, effective July 1, 2009.

      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, and no funds accruing to the state from license fees paid by hunters, including, but not limited to, license fees paid by hunters pursuant to section 26-28 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.

      (1949 Rev., S. 4925; 1971, P.A. 872, S. 217; P.A. 09-173, S. 7.)

      History: 1971 act replaced board of fisheries and game with commissioner of environmental protection; P.A. 09-173 added provision re use of funds accruing to state from license fees paid by hunters, effective July 1, 2009.

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 or marine district by any method or land marine fish and bait species in the state, regardless of where such marine fish or bait species are taken, 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 or landing of such species in the inland waters or marine district by commercial methods for commercial purposes shall be governed by other provisions of this chapter.

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

      (f) The Commissioner of Environmental Protection may designate one day in each calendar year when no license shall be required for sport fishing.

      (g) No fishing license shall be required for any person who is fishing as a passenger on a party boat, charter boat or head boat registered under section 26-142a and operating solely in the marine district.

      (1949 Rev., S. 4868; 1957, P.A. 348, S. 1; 1967, P.A. 71, S. 1; 1971, P.A. 148; P.A. 76-131, S. 1, 2; P.A. 81-298, S. 1, 9; P.A. 82-366, S. 2; P.A. 83-191, S. 1, 9; P.A. 85-53, S. 3; P.A. 87-30, S. 1, 2; P.A. 05-288, S. 117; June Sp. Sess. P.A. 09-3, S. 439.)

      History: 1967 act deleted prohibition in Subsec. (a) against persons under sixteen trapping without a license; 1971 act prohibited attempting to take, hunt or trap birds or quadrupeds and attempting to take fish or bait species in Subsec. (a); P.A. 76-131 added Subsec. (e) re exemption from licensing requirements for participants in fishing derbies; P.A. 81-298 substituted "sixteen years of age or over" for "over sixteen years" in Subsec. (a) provision requiring license to hunt, trap or fish and prohibited trapping as well as hunting by those under sixteen except as provided in Sec. 26-38; P.A. 82-366 amended Subsec. (a) to be consistent with new license categories established by Sec. 26-27a; P.A. 83-191 amended Subsec. (a) to exempt persons under 16 years of age from the requirement of a fishing license; P.A. 85-53 substituted "mammal" for "quadruped" in Subsec. (a); P.A. 87-30 added Subsec. (f) authorizing the commissioner to designate a free fishing day; P.A. 05-288 made a technical change in Subsec. (a), effective July 13, 2005; June Sp. Sess. P.A. 09-3 amended Subsec. (a) by adding provisions re taking in marine district and landing marine fish and bait species, amended Subsec. (d) by adding "or landing" and "or marine district" and added Subsec. (g) re fishing as a boat passenger.

      Sec. 26-27b. Hunting or taking of waterfowl, stamp required. Connecticut Migratory Bird Conservation Stamp. (a) On or after July 1, 1993, no person sixteen years of age or older may hunt waterfowl or take waterfowl in the state without first procuring a Connecticut Migratory Bird Conservation Stamp and having such stamp in his possession with his signature written in ink across the face of the stamp while hunting waterfowl or taking waterfowl. The stamp shall not be transferable and shall be issued annually beginning on July first.

      (b) The Commissioner of Environmental Protection shall provide for the design, production and procurement of the mandatory Connecticut Migratory Bird Conservation Stamp and shall, by regulations adopted in accordance with the provisions of chapter 54, provide for the issuance of the stamp. Stamps shall be sold at a price determined by the commissioner, provided the price of a mandatory stamp shall not exceed fifteen dollars. Any agent or town clerk issuing such stamps may retain a fee of fifty cents for each stamp sold and shall remit the balance to the Department of Environmental Protection.

      (P.A. 91-308, S. 2; P.A. 92-133, S. 1, 9; June Sp. Sess. P.A. 09-3, S. 440.)

      History: P.A. 92-133 amended Subsec. (a) to change the date on which a Connecticut Migratory Bird Stamp would be required for certain hunting activities from July 1, 1992, to July 1, 1993, and amended Subsec. (b) to delete a requirement that funds received under this section be deposited into the general fund and credited to the conservation fund established under Sec. 22a-27h; June Sp. Sess. P.A. 09-3 amended Subsec. (b) to increase price of mandatory stamp from $10 to $15.

      Sec. 26-27c. Reproduction and marketing of stamp as artwork. The Commissioner of Environmental Protection may provide for the Connecticut Migratory Bird Stamp to be reproduced and marketed in the form of prints and other related artwork.

      (P.A. 91-308, S. 3; P.A. 92-133, S. 2, 9; P.A. 94-130, S. 9; June Sp. Sess. P.A. 09-3, S. 441.)

      History: P.A. 92-133 granted broader authority to the commissioner for the reproduction and marketing of the Connecticut Migratory Bird Conservation Stamp and required funds generated from the sale and marketing of the stamps be deposited into the Migratory Bird Conservation Fund; P.A. 94-130 changed name of fund from "Migratory Bird Conservation Fund" to "migratory bird conservation account" and made said account an account of the Conservation Fund and eliminated the requirement that investment earnings be credited to the assets of said fund; June Sp. Sess. P.A. 09-3 deleted provisions re funds to be deposited into migratory bird conservation account and re use of same.

      Sec. 26-27d. Citizens' Advisory Board for the Connecticut Migratory Bird Conservation Stamp program. (a) There is established a Citizens' Advisory Board for the Connecticut Migratory Bird Conservation Stamp program. The board shall consist of seven members appointed by the Commissioner of Environmental Protection. The members of the board shall be individuals representing organizations having a record of activity in migratory bird or wetland habitat conservation or who have an expertise or recognized knowledge in an area pertinent and valuable to the program. The board shall elect a chairman from among its membership on or before July 1, 1992. The chairman shall be unaffiliated with any administrative agency of the state.

      (b) The board shall advise the Commissioner of Environmental Protection on the design, production and procurement of the Connecticut Migratory Bird Conservation Stamp.

      (P.A. 92-133, S. 3, 9; June Sp. Sess. P.A. 09-3, S. 442.)

      History: June Sp. Sess. P.A. 09-3 amended Subsec. (b) to delete provision re expenditure of funds generated from sale of stamps.

      Sec. 26-28. Hunting, trapping and sport fishing license fees. (a) Except as provided in subsection (b) of this section, the fees for firearms hunting, archery hunting, trapping and sport fishing licenses or for the combination thereof shall be as follows: (1) Resident firearms hunting license, twenty-eight dollars; (2) resident fishing license, forty dollars; (3) resident marine waters fishing license, ten dollars; (4) one-day resident marine waters fishing license, fifteen dollars; (5) resident all-waters fishing license, fifty dollars; (6) resident combination license to fish in inland waters and firearms hunt, fifty-six dollars; (7) resident combination license to fish in marine waters and firearms hunt, fifty dollars; (8) resident combination license to fish in all waters and firearms hunt, sixty dollars; (9) resident combination license to fish in all waters and bow and arrow permit to hunt deer and small game issued pursuant to section 26-86c, eighty-four dollars; (10) resident firearms super sport license to fish in all waters and firearms hunt, firearms private land shotgun or rifle deer permit issued pursuant to section 26-86a and permit to hunt wild turkey during the spring season on private land issued pursuant to section 26-48a, one hundred sixteen dollars; (11) resident archery super sport license to fish in all waters, bow and arrow permit to hunt deer and small game issued pursuant to section 26-86c and permit to hunt wild turkey during the spring season on private land issued pursuant to section 26-48a, one hundred four dollars; (12) resident trapping license, fifty dollars; (13) resident junior trapping license for persons under sixteen years of age, fifteen dollars; (14) junior firearms hunting license, fifteen dollars; (15) nonresident firearms hunting license, one hundred thirty-four dollars; (16) nonresident inland waters fishing license, eighty dollars; (17) nonresident inland waters fishing license for a period of three consecutive days, thirty-two dollars; (18) nonresident marine waters fishing license, sixty dollars; (19) nonresident marine waters fishing license for a period of three consecutive days, twenty-four dollars; (20) nonresident all-waters fishing license, one hundred dollars; (21) nonresident combination license to firearms hunt and inland waters fish, one hundred seventy-six dollars; (22) nonresident combination license to fish in all waters and firearms hunt, one hundred ninety dollars; (23) nonresident combination license to fish in marine waters and firearms hunt, one hundred seventy dollars; and (24) nonresident trapping license, two hundred fifty dollars. Persons sixty-five years of age and over who have been residents of this state for not less than one year and who meet the requirements of subsection (b) of section 26-31 may be issued an annual license to firearms hunt or to fish or combination license to fish and firearms hunt or a license to trap without fee. The issuing agency shall indicate on a combination license the specific purpose for which such license is issued. The town clerk shall retain a recording fee of one dollar for each license issued by him.

      (b) Any nonresident residing in one of the New England states or the state of New York may procure a license to hunt or to fish or to hunt and fish for the same fee or fees as a resident of this state if he is a resident of a state the laws of which allow the same privilege to residents of this state.

      (1949 Rev., S. 4869; 1949, 1955, S. 2462d; 1957, P.A. 90; 458, S. 1, 2; 1963, P.A. 329, S. 1; 1967, P.A. 244, S. 1; 1969, P.A. 330, S. 1; 1971, P.A. 9, S. 1; P.A. 77-171, S. 1; P.A. 78-46; 78-270, S. 1; P.A. 79-81, S. 1, 3; P.A. 80-375, S. 1, 2; P.A. 81-298, S. 2, 9; P.A. 82-91, S. 18, 38; 82-472, S. 101, 183; Nov. Sp. Sess. P.A. 91-3, S. 1, 21; P.A. 93-256, S. 5, 6; May 9 Sp. Sess. P.A. 02-1, S. 84; P.A. 03-123, S. 8; June Sp. Sess. P.A. 09-3, S. 443; Sept. Sp. Sess. P.A. 09-8, S. 28.)

      History: 1963 act combined hunting and trapping licenses, deleting separate trapping licenses for those over 16 and for those under 16 and separate nonresident hunting licenses, imposed single fishing license, deleting special case licenses for those over 65, for nonresidents and for three-day period, reduced fee for combination license to hunt, trap and fish from $8 to $6, deleted nonresident combination license to hunt and fish, clarified combination license for those over 65 as one to fish, trap and hunt and deleted Subsec. (b) which had allowed nonresidents, their spouses and lineal descendants of residents who own property in the state which is assessed at $1,000 or more to obtain licenses for fees charged to residents; 1967 act restored distinction between license fees for nonresidents and residents, restored Subsec. (b) allowing nonresidents to obtain licenses at rates charged to residents and added Subsec. (c) re fees charged to residents of New York or other New England states; 1969 act increased fees for nonresident licenses under Subsec. (a) by $2 for each category; 1971 act clarified residency requirement for those 65 and over and specified that such persons may receive any license without fee where previously mention was made only of combination license to fish, trap and hunt and nominal $1.35 fee was charged; P.A. 77-171 specified that license issued to those 65 and over is "lifetime" license; P.A. 78-46 required in Subsec. (b) that person must own property assessed at $10,000 rather than $1,000 for provisions to apply; P.A. 78-270 increased nonresident license fees for hunting from $13.35 to $26.35, for fishing, from $8.35 to $16.35, for three-day fishing from $3.85 to $7.35 and for combination hunting and fishing from $17.35 to $34.35; P.A. 79-81 increased license fees for residents and nonresidents by $0.65 in each category and increased clerk's recording fee by the same amount; P.A. 80-375 deleted Subsec. (b) which had allowed nonresidents, their spouses and lineal descendants of residents to purchase licenses at rates charged to residents if property in state owned by them is assessed at $10,000 or more; P.A. 81-298 amended Subsec. (a) to establish a fee for trapping licenses for persons under 16 years of age; P.A. 82-91 increased fees for firearms hunting, archery and trapping licenses and combination licenses, established fees for junior licenses and limited combination licenses to firearms hunting and fishing where before trapping could also be combined; P.A. 82-472 made technical changes in the section; Nov. Sp. Sess. P.A. 91-3 amended Subsec. (a) to increase the fee for a resident firearms hunting license from $9 to $10, for a resident fishing license from $9 to $15, for a resident combination license from $12 to $21, for a resident trapping license from $16 to $20, for a nonresident firearms hunting license from $17 to $25, and for a nonresident combination license from $25 to $55, to delete authorization for issuance of general archery hunting licenses, to require those 65 and older to comply with Sec. 26-31 in order to obtain a free license under this section, to authorize the issuance of free annual licenses to those 65 and older and to delete authorization for free lifetime licenses and to include trapping in such free annual licensure; P.A. 93-256 authorized free lifetime licenses for persons aged 65 years or older, effective July 1, 1993; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to increase fee for resident firearms hunting license from $10 to $14 in Subdiv. (1), to increase fee for resident fishing license from $15 to $20 in Subdiv. (2), to increase fee for resident combination license from $21 to $28 in Subdiv. (3), to increase fee for resident trapping license from $20 to $25 in Subdiv. (4), to increase fee for nonresident firearms hunting license from $42 to $67 in Subdiv. (8), to increase fee for nonresident fishing license from $25 to $40 in Subdiv. (9), to increase fee for nonresident three-day fishing license from $8 to $16 in Subdiv. (10) and to increase fee for nonresident combination license from $55 to $88 in Subdiv. (11), effective January 1, 2003; P.A. 03-123 made technical changes in Subsec. (a), effective June 26, 2003; June Sp. Sess. P.A. 09-3 amended Subsec. (a) by increasing fees, by adding new Subdivs. (3) to (5), (7) to (11), (18) to (20), and (22) and (23) and redesignating existing Subdivs. (3) to (11) as Subdivs. (6), (12) to (17), (21) and (24), by adding references to "inland waters" in redesignated Subdivs. (6), (16), (17) and (21), and by substituting "an annual license" for "a lifetime license"; Sept. Sp. Sess. P.A. 09-8 amended Subsec. (a)(3) to change resident marine waters fishing license fee from $30 to $10, effective October 5, 2009.

      Sec. 26-28b. Marine waters fishing license. Exemptions. (a) Except as provided in subsection (b), (d), (e) or (f) of this section and other provisions of this chapter providing specific license exemption, no person more than sixteen years of age shall take, attempt to take or assist in taking any fish or bait species in the marine district by any method or land marine fish and bait species in the state regardless of where such marine fish or bait species are taken, without first having obtained a marine waters fishing license as provided in section 26-28c.

      (b) No marine waters 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.

      (c) The taking of fish and bait species as herein provided shall be regarded as sport fishing and the taking or landing of such species in the marine district by commercial methods for commercial purposes shall be governed by other provisions of this chapter.

      (d) No marine waters 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.

      (e) No marine waters fishing license shall be required for any person who is fishing as a passenger on a party boat, charter boat or head boat registered under section 26-142a and operating solely in the marine district.

      (f) The Commissioner of Environmental Protection may designate one day in each calendar year when no license shall be required for sport fishing in the marine district.

      (P.A. 09-173, S. 4.)

      History: P.A. 09-173 effective June 15, 2009.

      Sec. 26-28c. Marine waters fishing license fees. (a) Except as provided in subsection (b) of this section, the fee for a resident marine waters fishing license shall be as specified in section 26-28. Persons sixty-five years of age and over who have been residents of this state for not less than one year may be issued an annual marine waters fishing license without fee. The town clerk shall retain a recording fee of one dollar for each marine waters fishing license issued by him or her.

      (b) Any nonresident residing in one of the New England states or the state of New York may procure a marine waters fishing license for the same fee or fees as a resident of this state if he or she is a resident of a state the laws of which allow the same privilege to residents of this state.

      (P.A. 09-173, S. 5; Sept. Sp. Sess. P.A. 09-8, S. 22.)

      History: P.A. 09-173 effective June 15, 2009; Sept. Sp. Sess. P.A. 09-8 amended Subsec. (a) to change fees from $10 and $15 to amounts specified in Sec. 26-28, effective October 5, 2009.

      Sec. 26-35. Expiration date. License not transferable. Restrictions. Wildlife management study area. Each firearms hunting, archery hunting, trapping or sport fishing license or the combination firearms hunting and fishing license, except licenses issued pursuant to subdivisions (4), (17) and (19) of subsection (a) of section 26-28, shall expire December thirty-first next following the date of issue and shall not be transferable. No person shall change or alter such a license or loan to another or permit another to have or use such license issued to himself or use any license issued to another. All licenses shall be carried as designated by the commissioner at all times when such licensee is hunting, trapping or sport fishing and shall be produced for examination upon demand of any conservation officer or other employee of the department designated by the commissioner or any other officer authorized to make arrests or the owner or lessee or the agent of any owner or lessee of any land or water upon which such licensed person may be found. Whenever the commissioner has designated any land or water area a wildlife management study area, he may require such licensee to surrender his license upon entering such area and issue to the licensee an arm band, back tag or other identification. The license shall be returned to the licensee upon leaving such area. Each person receiving a license to hunt or to trap shall make an annual report to the commissioner in such form and at such time as may be required by him showing the numbers and kinds of birds and quadrupeds killed or trapped. A firearms hunting or a combination firearms hunting and fishing license shall not authorize the carrying or possession of a pistol or revolver.

      (1949 Rev., S. 4871; 1955, S. 2464d; 1963, P.A. 329, S. 5; 1967, P.A. 244, S. 4; 1971, P.A. 872, S. 232; P.A. 76-5; P.A. 77-171, S. 2; P.A. 82-366, S. 5; Nov. Sp. Sess. P.A. 91-3, S. 3, 21; P.A. 97-250, S. 1; June Sp. Sess. P.A. 09-3, S. 444.)

      History: 1963 act made changes to reflect switch from separate licenses to hunt and to trap to licenses to hunt and trap, deleting obsolete provision which forbade those licensed only to trap to carry firearms while visiting traps; 1967 act added references to separate hunting licenses; 1971 act replaced references to board of fisheries and game, its members and its director with references to environmental protection commissioner and employees of environmental protection department; P.A. 76-5 added provisions governing licensee's surrender of his license when he enters a wildlife management study area; P.A. 77-171 excepted licenses issued pursuant to Sec. 26-28(a)(4) from generally applicable expiration date; P.A. 82-366 made technical revisions to reflect changes in license categories made by Sec. 26-30; Nov. Sp. Sess. P.A. 91-3 deleted provision requiring the commissioner to provide a license holder and deleted provision requiring a license holder to display the license on his outer clothing while hunting, fishing or trapping; P.A. 97-250 deleted reference to Subdiv. (9) and added reference to Subdivs. (7) and (10) of Sec. 26-28(a) to clarify that lifetime licenses issued to senior citizens and three-day nonresident fishing licenses are not subject to the provisions of this section re expiration of licenses; June Sp. Sess. P.A. 09-3 replaced reference to Sec. 26-28(a)(7) and (10) with reference to Sec. 26-28(a)(4), (17) and (19).

      Sec. 26-37. Duplicate licenses. The commissioner, upon written application and the payment of a fee of fifteen dollars, shall issue to any person licensed to hunt, to hunt and trap or fish, or the combination thereof, a duplicate license when he is satisfied that the original license of such person has been lost, destroyed or mutilated beyond recognition. No such application form shall contain any material false statement. All such application forms shall have printed thereon, "I declare under the penalties of false statement that the statements herein made by me are true and correct." Any person who makes any material false statement on such application form shall be guilty of false statement and shall be subject to the penalties provided for false statement and such offense shall be deemed to have been committed in the town of residence of the applicant, except that in the case of applications received from nonresidents such offense shall be deemed to have been committed in the town in which such application is presented or received for processing. The town clerk certifying such application form shall receive from the total fee herein specified the sum of one dollar.

      (1949 Rev., S. 4877; 1957, P.A. 274; 1961, P.A. 138; 1963, P.A. 329, S. 6; 1967, P.A. 244, S. 5; 1971, P.A. 871, S. 104; 872, S. 234; P.A. 85-100, S. 1, 5; Nov. Sp. Sess. P.A. 91-3, S. 12, 21; May 9 Sp. Sess. P.A. 02-1, S. 85; June Sp. Sess. P.A. 09-3, S. 445.)

      History: 1961 act increased fee for duplicate license from $0.25 to $1.35 and specified that town clerk is to receive $0.35 of that amount; 1963 act added reference to combination licenses; 1967 act added reference to separate license for hunting only; 1971 acts substituted false statement and its applicable penalties for perjury and its applicable penalties and replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 85-100 increased the amount of the license fee from $1.35 to $3.00, and increased the amount that can be retained by the town clerk from $0.35 to $1.00; Nov. Sp. Sess. P.A. 91-3 increased the fee for duplicate licenses issued from $3.00 to $5.00; May 9 Sp. Sess. P.A. 02-1 increased fee from $5.00 to $7.00, effective January 1, 2003; June Sp. Sess. P.A. 09-3 increased fee from $7 to $15.

      Sec. 26-39. Hunting licenses for owners of packs of dogs. Any hunting organization or individual owning and using for hunting an organized pack of ten or more hounds or beagles may hunt foxes or rabbits for sport during the open season provided therefor, provided such organization or individual shall be licensed to do so. The commissioner may issue such license upon application and the payment of an annual fee of seventy dollars. Persons participating in hunting conducted with an organized pack of hounds under such a license shall not be required to have a hunting license. No participant in such hunt shall carry firearms.

      (1949 Rev., S. 4878; 1971, P.A. 872, S. 236; May 9 Sp. Sess. P.A. 02-1, S. 86; June Sp. Sess. P.A. 09-3, S. 446.)

      History: 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner; May 9 Sp. Sess. P.A. 02-1 increased annual fee from $25 to $35, effective January 1, 2003; June Sp. Sess. P.A. 09-3 increased fee from $35 to $70.

      Sec. 26-40. Game breeders license. Possession of skunks or raccoons. No person, association or corporation shall possess more than one live specimen of, breed or propagate any wild game bird or wild game quadruped of the following species without a game breeder's license as provided herein: In the family Anatidae, all ducks, geese and swans; in the family Phasianidae, all quail, partridge and the following strains of pheasant: Blackneck, Chinese, English, Formosan, melanistic mutant and Mongolian or any cross-breeding thereof and for the purpose of section 22-327 all other members of this family shall be classed as domestic fowls; in the family Tetranoidae, the ruffed grouse; in the family Melegrididae, turkeys except domestic strains; in the family Cervidae, the sika and white tail deer; in the family Procyonidae, the raccoon; in the family Mustelidae, the otter; in the family Castoridae, the beaver; and in the family Leporidae, all species except domestic strains. The commissioner, upon written application and the payment of a fee of forty-two dollars, may license any person, association or corporation to possess, breed, propagate and sell any birds or mammals specified in this section. Such license shall be annual and nontransferable and shall expire on the thirty-first day of December after its issuance. The commissioner may adopt regulations concerning the granting of such licenses and the sale, propagation and transportation of birds or mammals specified in this section propagated and possessed by any such licensee. All applications for such licenses shall be upon blanks prepared and furnished by the commissioner. Any person, association or corporation, licensed under the provisions of this section, shall keep a record of all birds or mammals specified in this section which are sold, transported or propagated by such licensee, whether the same are sold dead or alive, and shall report to the commissioner not later than the January thirty-first of the year following the expiration of the license period. Such report shall contain the number of birds and mammals procured, possessed and propagated and the name of each person to whom any such sale has been made and the date of such sale or transportation. Each package containing birds or mammals specified in this section, or any part thereof, so propagated or possessed and offered for transportation shall be plainly labeled with the name and license number of the licensee offering the same for transportation, the name of the consignee and a statement of the contents of such package. Any license granted under the provisions of this section may be revoked by the commissioner. No person, association or corporation may breed, propagate or sell any skunk or raccoon, except that such animals, with the approval of the commissioner may be kept in a zoo, nature center, museum, laboratory or research facility maintained by a scientific or educational institution. In no instance shall such animals be accessible to handling by the general public. No person may possess any skunk purchased in any Connecticut retail establishment after May 1, 1979, or any raccoon purchased after October 1, 1985. Any person, association or corporation which violates any provision of this section or any regulation issued by the commissioner pursuant thereto shall be fined not more than ninety dollars for each offense.

      (1949 Rev., S. 4879; 1967, P.A. 343, S. 1; 1971, P.A. 872, S. 237; P.A. 80-460, S. 1, 2; P.A. 82-91, S. 19, 38; P.A. 85-99; 85-100, S. 2; Nov. Sp. Sess. P.A. 91-3, S. 13, 21; May 9 Sp. Sess. P.A. 02-1, S. 87; June Sp. Sess. P.A. 09-3, S. 447.)

      History: 1967 act clarified provisions by allowing possession of one live specimen, by specifically listing birds and mammals to which provisions apply and by specifying that fine applies to each offense, increased license fee from $2 to $4, deleted requirement that board provide licensees with tags or markers and extended deadline for report from the expiration of the license period to "not later than the January thirty-first of the year following the expiration of the license period"; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner and deleted provision which had required that fees be remitted to state treasurer; P.A. 80-460 added detailed provisions re skunks and deleted it from list of animals which may not be propagated by persons without licenses; P.A. 82-91 increased license fee from $4 to $10; P.A. 85-99 added detailed provision re raccoons and reduced fine from $100 to $90; P.A. 85-100 made a technical change and added the sika deer to the list of controlled species; Nov. Sp. Sess. P.A. 91-3 increased the fee for a game breeder's license from $10 to $15; May 9 Sp. Sess. P.A. 02-1 increased fee from $15 to $21, effective January 1, 2003; June Sp. Sess. P.A. 09-3 increased fee from $21 to $42.

      Sec. 26-40a. Possession of potentially dangerous animal. Exemptions. Seizure, relocation and disposal. Penalties. (a) No person shall possess a potentially dangerous animal. For the purposes of this section, the following wildlife, or any hybrid thereof, shall be considered potentially dangerous animals:

      (1) The felidae, including, but not limited to, the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx and bobcat;

      (2) The canidae, including, but not limited to, the wolf, and coyote;

      (3) The ursidae, including, but not limited to, the black bear, grizzly bear and brown bear; and

      (4) The hominidae, including, but not limited to, the gorilla, chimpanzee and orangutan.

      (b) A primate that weighs less than thirty-five pounds at maturity and that was imported or possessed by a person in this state prior to October 1, 2003, shall not be considered a potentially dangerous animal pursuant to this section.

      (c) Any such animal illegally possessed may be ordered seized and may be relocated or disposed of as determined by the Commissioner of Environmental Protection. The Department of Environmental Protection shall issue a bill to the owner or person in illegal possession of such potentially dangerous animal for all costs of seizure, care, maintenance, relocation or disposal of such animal. Additionally, any person who violates any provision of this section shall be assessed a civil penalty not to exceed two thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Commissioner of Environmental Protection may request the Attorney General to institute an action in Superior Court to recover such penalty and any amounts owed pursuant to a bill issued in accordance with this section and for an order providing such equitable and injunctive relief as the court deems appropriate.

      (d) The provisions of this section shall not apply to municipal parks, zoos, accredited by the Association of Zoos and Aquariums or the Zoological Association of America, public nonprofit aquaria, nature centers, museums, or exhibitors licensed or registered with the United States Department of Agriculture or laboratories and research facilities maintained by scientific or educational institutions licensed or registered with the United States Department of Agriculture or to a person possessing a Bengal cat certified by an internationally recognized multiple-cat domestic feline breeding association as being without wild parentage for a minimum of four prior generations which cat was registered with the Commissioner of Agriculture on or before October 1, 1996, provided no such cat may be imported into this state after June 6, 1996. In any action taken by any official of the state or any municipality to control rabies, a Bengal cat shall be considered not vaccinated for rabies in accordance with accepted veterinary practice.

      (e) Any person who wilfully violates any provision of subsection (a) of this section shall be guilty of a class A misdemeanor.

      (1967, P.A. 344; P.A. 83-191, S. 2, 9; P.A. 96-243, S. 5, 16; P.A. 03-192, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; 04-257, S. 95; P.A. 09-198, S. 1.)

      History: P.A. 83-191 applied provisions to "potentially dangerous" animals rather than to "potentially dangerous wild animals", eliminated municipal authority to issue permits for possession of such animals, transferring authority to seize and dispose of them to environmental protection commissioner, and exempted persons legally in possession of such animals on or before May 23, 1983; P.A. 96-243 added provisions allowing certain Bengal cats to be kept provided they are to be considered not vaccinated, effective June 6, 1996; P.A. 03-192 made technical changes, added provision re hybrid wildlife, authorized Department of Environmental Protection to issue a bill for the cost of confiscation, care maintenance and disposal of potentially dangerous animal to the owner of such animal, established civil penalty not to exceed $1,000 and authorized the Attorney General to bring suit for recovery of any such civil penalty or bill; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 04-257 made technical changes, effective July 1, 2004; P.A. 09-198 designated existing provisions as Subsecs. (a), (c) and (d), amended Subsec. (a) by adding Subdiv. designators (1) to (3), making technical changes and adding Subdiv. (4) re "hominidae", added Subsec. (b) re exemption for certain primates that weigh less than 35 pounds at maturity, amended Subsec. (c) by adding "relocated" and "relocation", increasing civil penalty to $2,000 and adding provision re order for equitable and injunctive relief, amended Subsec. (d) by adding exemptions re certain accredited, licensed or registered municipal parks, zoos, public nonprofit aquaria, nature centers, museums, laboratories and research facilities and making technical changes, and added Subsec. (e) re criminal penalty.

      Sec. 26-42. Licensing of raw fur dealers. Inspection. Regulations. (a) No person shall engage in the business of buying raw furs produced in this state without obtaining a license from the commissioner. Such license shall be nontransferable and shall expire on June thirtieth next succeeding its issuance. Any license issued in accordance with the provisions of this section may be revoked for failure of the licensee to report the activities engaged in under the license to the commissioner. Activities shall be reported in a manner and at a time specified by the commissioner. Any conservation officer, special conservation officer or recreation officer may examine and inspect any premises used by or records maintained by any person pursuant to a license issued under this section. Notwithstanding any provision of section 1-210 to the contrary, no person shall obtain, attempt to obtain or release to any person or government agency any identifiable individual record of, or information derived from, any report submitted in accordance with the provisions of this section or submitted voluntarily upon request of the commissioner without the consent of the person making the report, except that the commissioner may authorize the release of such information for the purposes of wildlife research, management or development. The fees for such licenses shall be as follows: For each nonresident, or resident, eighty-four dollars, and for each authorized agent of a licensed resident fur buyer, fifty-six dollars.

      (b) The commissioner may adopt regulations in accordance with the provisions of chapter 54 concerning the buying and selling of raw furs. Such regulations may establish (1) procedures for recording and reporting transactions involving raw furs, and (2) tagging requirements for buying and selling raw furs.

      (c) Any person who violates any provision of this section shall be fined not less than one hundred dollars or more than two hundred fifty dollars or imprisoned not more than ten days or be both fined and imprisoned.

      (1949 Rev., S. 4880; 1959, P.A. 398, S. 7; 1971, P.A. 872, S. 238; P.A. 82-91, S. 20, 38; P.A. 83-191, S. 3, 9; 83-587, S. 81, 96; P.A. 85-403, S. 2; P.A. 86-111, S. 1; Nov. Sp. Sess. P.A. 91-3, S. 14, 21; May 9 Sp. Sess. P.A. 02-1, S. 88; P.A. 03-278, S. 86; June Sp. Sess. P.A. 09-3, S. 448.)

      History: 1959 act increased fees for residents from $5 to $15 and for authorized agent of resident fur buyers from $2 to $10 and required that proceeds from license fees be deposited in general fund rather than game fund; 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner and deleted provision requiring deposit of money received in general fund; P.A. 82-91 increased nonresident license fee from $75 to $150; increased resident license fee from $15 to $30 and increased license fee for agent of licensed resident from $10 to $20; P.A. 83-191 amended Subsec. (a) by authorizing the commissioner to revoke a raw fur dealer license for failure to report license activities and made June 30, rather than December 31, the license renewal date for consistency with the state fiscal year; P.A. 83-587 clarified that licenses issued in 1983 are valid until July 1, 1984; P.A. 85-403 amended Subsec. (a) to allow inspection of the premises of a raw fur dealer, inserted new Subsec. (b) to require the commissioner to adopt regulations re the buying and selling of raw furs relettering former Subsec. (b) accordingly; P.A. 86-111 amended Subsec. (a) by adding provision re confidentiality of information contained in reports; Nov. Sp. Sess. P.A. 91-3 reduced the fee for a nonresident raw fur dealer's license from $150 to $30; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to increase fee for nonresident or residents from $30 to $42 and to increase fee for authorized agents from $20 to $28 and amended Subsec. (b) by making a technical change, effective January 1, 2003; P.A. 03-278 made a technical change in Subsec. (c), effective July 9, 2003; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fees from $42 to $84 and from $28 to $56.

      Sec. 26-45. Bait dealer's license. No person shall possess for the purpose of sale, sell or offer for sale any bait species without first obtaining a bait dealer's license from the commissioner, provided the provisions hereof shall not apply to persons issued a commercial hatchery license under section 26-149. Application forms for such license shall be furnished by the commissioner. Such license shall be nontransferable. The fee for each such license shall be one hundred dollars annually. Each such license shall expire on the last day of December next after issuance. Each such licensed bait dealer may possess and sell only such bait species as shall be authorized under regulations issued by the commissioner, provided live carp and goldfish shall not be possessed for any purpose on premises used by licensed bait dealers. Each such licensee shall keep such records relating to the operation of such business as the commissioner determines on forms furnished by the commissioner and shall file such report with the commissioner within thirty days after the expiration of such license. No such report shall contain any material false statement. Failure to file such report shall be a violation of this section and the commissioner may refuse to reissue such license until the licensee complies with this requirement. Representatives of the commissioner may enter upon the premises of bait dealers at any time to inspect required records and the bait species possessed and to detect violations of this section and regulations issued hereunder by the commissioner, and such representatives may confiscate and dispose of any fish illegally possessed. Any person who violates any provision of this section or any such regulation issued by the commissioner shall be fined not less than ten dollars nor more than one hundred dollars or be imprisoned not more than thirty days or both.

      (1957, P.A. 338, S. 1; 1959, P.A. 398, S. 8; 1971, P.A. 872, S. 240; P.A. 82-91, S. 21, 38; Nov. Sp. Sess. P.A. 91-3, S. 15, 21; May 9 Sp. Sess. P.A. 02-1, S. 89; June Sp. Sess. P.A. 09-3, S. 449.)

      History: 1959 act increased license fee from $2 to $5 and required that fees collected be deposited in general fund rather than in fish fund; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 82-91 increased license fee from $5 to $10; Nov. Sp. Sess. P.A. 91-3 increased the fee for a bait dealer's license to $20; May 9 Sp. Sess. P.A. 02-1 increased license fee to $50, effective January 1, 2003; June Sp. Sess. P.A. 09-3 increased fee from $50 to $100.

      Sec. 26-46. Reciprocal fishing privileges. (a) If and when the state of New York, the state of Massachusetts or the state of Rhode Island enacts a similar law granting reciprocal privileges to residents of this state, any person who holds a license to fish in inland waters in the state of New York, the state of Massachusetts or the state of Rhode Island may fish in inland waters lying partly in this state and partly in such adjoining state, or in such waters as negotiated by the Commissioner of Environmental Protection of this state and any similar authority in such adjoining state, without a nonresident inland waters license to fish as required by this chapter, provided such nonresidents shall be subject to all other provisions of the statutes and the regulations of the commissioner relating to fishing in lakes and ponds.

      (b) If and when the state of New York, the state of Massachusetts, the state of New Hampshire, the state of Maine or the state of Rhode Island enacts a similar law granting reciprocal privileges to residents of this state, any nonresident who holds a marine waters fishing license issued by one of said states having such reciprocal privileges may fish in the marine district or land marine species in Connecticut and shall not be required to purchase a Connecticut nonresident marine waters fishing license. Such nonresidents shall be subject to all other provisions of the statutes and the regulations of the commissioner relating to fishing in the marine district.

      (1957, P.A. 318, S. 1; 1971, P.A. 872, S. 241; P.A. 09-173, S. 6.)

      History: 1971 act replaced references to board and its director with references to environmental protection commissioner; P.A. 09-173 designated existing provisions as Subsec. (a), added "inland" and "inland waters" and made a technical change therein and added Subsec. (b) re reciprocal privileges re marine waters fishing license, effective June 15, 2009.

      Sec. 26-47. Permits to take wildlife damaging crops. License to control nuisance wildlife. (a) When it is shown to the satisfaction of the commissioner that wildlife is causing unreasonable damage to agricultural crops during the night and it is found by the commissioner that control of such damage by wildlife is impracticable during the daylight hours, the commissioner may issue permits for the taking of such wildlife as the commissioner deems necessary to control such damage by such method as the commissioner determines, including the use of lights, during the period between sunset and sunrise, upon written application of the owner or lessee of record of the land on which such crops are grown. Such permits may be issued to any qualified person designated by such landowner or lessee. The person to whom such permit is issued shall be held responsible for complying with the conditions under which such permit is issued. The provisions of this section shall not apply to deer.

      (b) (1) No person shall engage in the business of controlling nuisance wildlife, other than rats or mice, without obtaining a license from the commissioner. Such license shall be valid for a period of two years and may be renewed in accordance with a schedule established by the commissioner. The fee for such license shall be two hundred fifty dollars. The controlling of nuisance wildlife at the direction of the commissioner shall not constitute engaging in the business of controlling nuisance wildlife for the purposes of this section. No person shall be licensed under this subsection unless the person: (A) Provides evidence, satisfactory to the commissioner, that the person has completed training which included instruction in site evaluation, methods of nonlethal and approved lethal resolution of common nuisance wildlife problems, techniques to prevent reoccurrence of such problems and humane capture, handling and euthanasia of nuisance wildlife and instruction in methods of nonlethal resolution of common nuisance wildlife problems, including, but not limited to, training regarding frightening devices, repellants, one-way door exclusion and other exclusion methods, habitat modification and live-trapping and releasing and other methods as the commissioner may deem appropriate; and (B) is a resident of this state or of a state that does not prohibit residents of this state from being licensed as nuisance wildlife control operators because of lack of residency.

      (2) The licensure requirements shall apply to municipal employees who engage in the control or handling of animals, including, but not limited to, animal control officers, except that no license shall be required of such employees for the emergency control of rabies. Notwithstanding the requirements of this subsection, the commissioner shall waive the licensure fee for such employees. The commissioner shall provide to such municipal employees, without charge, the training required for licensure under this subsection. A license held by a municipal employee shall be noncommercial, nontransferable and conditional upon municipal employment.

      (3) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, which (A) define the scope and methods for controlling nuisance wildlife provided such regulations shall incorporate the recommendations of the 1993 report of the American Veterinary Medical Association panel on euthanasia and further provided such regulations may provide for the use of specific alternatives to such recommendations only in specified circumstances where use of a method of killing approved by such association would involve an imminent threat to human health or safety and only if such alternatives are designed to kill the animal as quickly and painlessly as practicable while protecting human health and safety, and (B) establish criteria and procedures for issuance of a license.

      (4) Except as otherwise provided in regulations adopted under this section, no person licensed under this subsection may kill any animal by any method which does not conform to the recommendations of the 1993 report of the American Veterinary Medical Association panel on euthanasia. No person may advertise any services relating to humane capture or relocation of wildlife unless all methods employed in such services conform to such regulations.

      (5) Any person licensed under this subsection shall provide all clients with a written statement approved by the commissioner regarding approved lethal and nonlethal options, as provided in this subsection, which are available to the client for resolution of common nuisance problems. If a written statement cannot be delivered to the client prior to services being rendered, the licensee shall leave the statement at the job site or other location arranged with the client.

      (6) Each person licensed under this subsection shall submit a report to the commissioner, on such date as the commissioner may determine, that specifies the means utilized in each case of nuisance wildlife control service provided in the preceding calendar year including any method used in those cases where an animal was killed. Any information included in such report which identifies a client of such person or the client's street address may be released by the commissioner only pursuant to an investigation related to enforcement of this section.

      (c) Any person who violates any provision of this section, or any condition under which a permit or license is issued, shall be fined not less than twenty-five dollars or more than two hundred dollars or be imprisoned not more than sixty days or be both fined and imprisoned; and any permit or license issued to such person, and all other such permits or licenses issued to any other person for such property, shall be revoked by the commissioner and the right to obtain such permit or license shall remain suspended for such period of time as the commissioner determines.

      (d) Any permit or license issued under this section shall not authorize the taking of deer.

      (1957, P.A. 497; 1971, P.A. 872, S. 242; P.A. 85-100, S. 3; P.A. 97-255; P.A. 98-199, S. 1, 2; P.A. 01-204, S. 1, 29; June Sp. Sess. P.A. 01-9, S. 73, 131; May 9 Sp. Sess. P.A. 02-1, S. 90; P.A. 03-19, S. 66; June Sp. Sess. P.A. 09-3, S. 450.)

      History: 1971 act replaced references to director of board of fisheries and game with references to environmental protection commissioner; P.A. 85-100 added provisions re license for controlling nuisance wildlife and specifying that issuance of license or permit does not authorize taking of deer and divided section into Subsecs.; P.A. 97-255 amended Subsec. (b) to provide for training requirements for wildlife control licensees, criteria for determining methods for the control of nuisance wildlife, conditions governing certain methods, options to be provided to clients of such licensees and reporting requirements re methods of control used by such licensees; P.A. 98-199 amended Subsec. (b) to add training in nonlethal resolution of nuisance wildlife problems and to require that if statement of control options cannot be provided to clients before services are rendered that statement be left at job site or agreed upon location, effective July 1, 1998; P.A. 01-204 amended Subsec. (a) to make technical changes for purposes of gender neutrality, amended Subsec. (b) to delete the license expiration date from the last day of the December next succeeding its issuance, making it valid for a period of two years, and renewable in accordance with a schedule established by the commissioner, to change the license fee from $50 to $100, to make technical changes for purposes of gender neutrality, to add a provision prohibiting the commissioner from issuing a license to a person unless that person is a resident of this state or of a state that does not prohibit residents of this state from being licensed as nuisance wildlife control operators because of lack of residency, to add a new Subdiv. (2) re application of licensure requirements to municipal employees, renumbering the remaining subdivisions accordingly, to make technical changes, and to change the date that licensees must submit a report re the means utilized in each case of nuisance wildlife control service from February first of each year to a date as the commissioner may determine, effective July 11, 2001; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; May 9 Sp. Sess. P.A. 02-1 increased license fee from $100 to $200 in Subsec. (b)(1), effective January 1, 2003; P.A. 03-19 made a technical change in Subsec. (c), effective May 12, 2003; June Sp. Sess. P.A. 09-3 amended Subsec. (b)(1) to increase fee from $200 to $250.

      Sec. 26-48. Private shooting preserves; permits; regulations. The commissioner may issue permits authorizing the establishment and operation of regulated private shooting preserves when in his judgment such preserves will not conflict with any reasonable prior public interest. The fee for such permit shall be one hundred dollars per season. A hunting license shall not be required to hunt on such private shooting preserves. The commissioner shall govern and prescribe by regulations the size of the preserves, the methods of hunting, the species and sex of birds that may be taken, the open and closed seasons, the tagging of birds with tags furnished by the commissioner at a reasonable fee and the releasing, possession and use of legally propagated game birds thereon; and may require such reports as the commissioner deems necessary concerning the operation of such preserves. Any permit issued under the provisions of this section may be revoked for a violation of any provision of this chapter or for a violation of any regulation made by the commissioner relating to private shooting preserves.

      (1949, 1955, S. 2469d; 1971, P.A. 872, S. 244; P.A. 82-91, S. 22, 38; Nov. Sp. Sess. P.A. 91-3, S. 16, 21; May 9 Sp. Sess. P.A. 02-1, S. 91; June Sp. Sess. P.A. 09-3, S. 451.)

      History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 82-91 increased permit fee from $10 to $25; Nov. Sp. Sess. P.A. 91-3 increased the fee for permits authorizing the operation of private shooting preserves from $25 to $35; May 9 Sp. Sess. P.A. 02-1 increased permit fee to $50, effective January 1, 2003; June Sp. Sess. P.A. 09-3 increased fee from $50 to $100.

      Sec. 26-48a. Management of salmon, pheasant, turkey and migratory game birds. Issuance of permits, tags or stamps. (a) The commissioner may establish, by regulations adopted in accordance with the provisions of chapter 54, standards for the management of salmon, migratory game birds in accordance with section 26-92, pheasant and turkey which shall include provision for the issuance of permits, tags or stamps. The commissioner may charge a fee for a permit, tag or stamp as follows: Not more than twenty-eight dollars for turkey; not more than fifteen dollars for migratory game birds; not more than twenty-eight dollars for pheasant and not more than fifty-six dollars for salmon. No person shall be issued a permit, tag or stamp for migratory birds, pheasant or turkey without first obtaining a license to hunt and no person shall be issued a permit, tag or stamp for salmon without first obtaining a license to fish. Notwithstanding any provision of any regulation to the contrary, the commissioner may charge a fee of twenty-eight dollars for the issuance of a permit to hunt wild turkey on state-owned or private land during the fall season.

      (b) Such permits, tags or stamps shall be issued to qualified applicants by any town clerk. Application for such permits, tags or stamps shall be on such form and require of the applicant such information as the commissioner may prescribe. The commissioner may adopt regulations in accordance with the provisions of chapter 54 authorizing a town clerk to retain part of any fee paid for a permit, tag or stamp issued by such town clerk pursuant to this section, provided the amount retained shall not be less than fifty cents.

      (P.A. 82-91, S. 30, 38; P.A. 85-403, S. 3, 4; P.A. 89-351, S. 1, 11; Nov. Sp. Sess. P.A. 91-3, S. 4, 21; P.A. 97-250, S. 10; May 9 Sp. Sess. P.A. 02-1, S. 92; June Sp. Sess. P.A. 09-3, S. 452.)

      History: P.A. 85-403 added Subsec. (b) authorizing town clerks to issue permits, tags or stamps; P.A. 89-351 increased maximum fee for permit, tag or stamp for pheasant from $5 to $10; Nov. Sp. Sess. P.A. 91-3 amended Subsec. (a) to provide for the issuance of a permit to hunt wild turkey and for a fee for such permit of $10; P.A. 97-250 amended Subsec. (a) to provide for regulations to manage migratory birds and for a fee for a permit, stamp or tag for taking of migratory birds and amended Subsec. (b) to authorize the commissioner to require information from an applicant for permits, stamps or tags under this section; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to increase permit, tag or stamp fee for turkey from $10 to $14, fee for migratory game birds from $2 to $3, fee for pheasant from $10 to $14, fee for salmon from $20 to $28 and fee for wild turkey during fall season from $10 to $14, effective January 1, 2003; June Sp. Sess. P.A. 09-3 amended Subsec. (a) by increasing fees.

      Sec. 26-49. Training of hunting dogs. Permits for liberation of artificially propagated birds. (a) Any person holding a valid hunting license issued as provided for under section 26-27 is authorized to train hunting dogs in the field during any closed season, except during any period when the woods and fields are closed by proclamation issued by the commissioner because of forest fire hazard, under regulations issued by the commissioner.

      (b) Said commissioner may authorize the establishment and operation of regulated hunting dog-training areas and may issue to any person holding a private shooting preserve permit, as provided for under section 26-48, or to any established game breeder holding a game breeder's license, as provided for under section 26-40, or to any person holding a commercial kennel license, as provided for under section 22-342, a permit, which shall expire on June thirtieth next after issuance and for which a fee of twenty-eight dollars shall be charged, authorizing the liberation of artificially propagated game birds and pigeons, legally possessed and suitably tagged with tags furnished by the commissioner, for which a reasonable fee may be charged, and the subsequent shooting of such game birds and pigeons by persons authorized by any such permittee, in connection with the training of hunting dogs only, at any time, including Sunday; provided permission to shoot on Sunday on the area specified in the permit shall have the approval of the proper authorities of the town or towns in which such dog-training area is located and shall apply only to the period from sunrise to sunset.

      (c) A hunting license shall be required of all persons authorized by any such permittee to train any dog on any such regulated dog-training area, whether or not birds are to be shot.

      (d) The commissioner may, by regulation, govern and prescribe the size and the location of any such dog-training area, the number of birds that may be released in ratio to the number of participants or the number of dogs being trained, the method of liberation and retrapping of pen-raised birds, the species, sex and condition of such birds that may be liberated and shot, the method of tagging such birds, the posting of such area and the method of reporting all such activities.

      (e) Any such permit may be revoked at any time by the commissioner for a violation of any provision of this section or any regulation issued by the commissioner under the provisions of this section, for a period of not more than one year.

      (f) Any person who violates any provision of this section or any regulation issued by the commissioner hereunder shall be fined not less than twenty-five nor more than one hundred dollars.

      (1949 Rev., S. 4857; 1957, P.A. 487, S. 1; 1959, P.A. 398, S. 9; 1971, P.A. 872, S. 245; P.A. 73-21, S. 1, 2; Nov. Sp. Sess. P.A. 91-3, S. 5, 21; May 9 Sp. Sess. P.A. 02-1, S. 93; June Sp. Sess. P.A. 09-3, S. 453.)

      History: 1959 act required that fees be deposited in general fund rather than game fund in Subsec. (b); 1971 act transferred power to close woods and fields because of forest fire hazard from governor to environmental protection commissioner and replaced references to board of fisheries and game with references to commissioner; P.A. 73-21 specified that commissioner has power to regulate "retrapping of pen raised birds" under Subsec. (d); Nov. Sp. Sess. P.A. 91-3 amended Subsec. (b) to increase the permit fee for hunting dog training from $5 to $10 and to delete a provision requiring fees received under this section to be deposited in the general fund; May 9 Sp. Sess. P.A. 02-1 increased permit fee to $14 in Subsec. (b), effective January 1, 2003; June Sp. Sess. P.A. 09-3 amended Subsec. (b) by increasing fee from $14 to $28.

      Sec. 26-51. Permits for field dog trials. Fee. The commissioner may, upon application and payment of a fee of fifteen dollars, issue to any responsible person or organization a permit to hold a field dog trial subject to such regulations as he may prescribe. Any such permit may be revoked by the commissioner at any time.

      (1949 Rev., S. 4858; 1971, P.A. 872, S. 247; Nov. Sp. Sess. P.A. 91-3, S. 6, 21; May 9 Sp. Sess. P.A. 02-1, S. 94; June Sp. Sess. P.A. 09-3, S. 454.)

      History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; Nov. Sp. Sess. P.A. 91-3 amended section to require a fee of $5 for a permit; May 9 Sp. Sess. P.A. 02-1 increased fee to $7, effective January 1, 2003; June Sp. Sess. P.A. 09-3 increased fee from $7 to $15.

      Sec. 26-52. Permits for shooting birds liberated at field dog trials. Fees. The commissioner may issue to any responsible person or authorized field trial group a permit to hold field dog trials, on land approved by the commissioner as suitable for the purpose, at any time, including Sunday, during daylight hours, at which liberated game birds, waterfowl and pigeons legally possessed may be shot. All such game birds shall, immediately after being shot, be tagged with tags furnished by the commissioner, for which a reasonable fee may be charged. Such game birds so tagged may be possessed, transported, bought and sold at any time. Tags shall not be removed from such game birds until such time as such birds are finally prepared for consumption. The commissioner may, by regulation, govern and prescribe the minimum number of such birds that shall be released, the method of liberating and the method of taking such birds, the species and sex of such birds that may be shot, locations where such field dog trials may be held, periods of the year when such field dog trials may be held, the maximum number of such field dog trials that shall be sponsored or conducted by an individual or group during the period from July first to June thirtieth and the method of reporting all such activities. Notwithstanding the provision of any regulation to the contrary, the fee for a permit to hold a field dog trial on state-owned land shall be fifty-six dollars and the fee for a permit to hold a field dog trial on private land shall be twenty-eight dollars.

      (1949, S. 2450d; 1971, P.A. 872, S. 248; P.A. 73-24, S. 1, 2; Nov. Sp. Sess. P.A. 91-3, S. 7, 21; May 9 Sp. Sess. P.A. 02-1, S. 95; June Sp. Sess. P.A. 09-3, S. 455.)

      History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 73-24 specified that commissioner has power to dictate the method of reporting activities within the scope of his power; Nov. Sp. Sess. P.A. 91-3 amended section to require a fee of $10 for a permit issued for a field dog trial held on private land and a fee of $20 for a permit issued for a field dog trial held on state land; May 9 Sp. Sess. P.A. 02-1 increased permit fee to hold a field dog trial on state-owned land to $28 and increased permit fee to hold a field dog trial on private land to $14, effective January 1, 2003; June Sp. Sess. P.A. 09-3 increased permit fee to hold field dog trial on state-owned land from $28 to $56 and increased permit fee to hold field dog trial on private land from $14 to $28.

      Sec. 26-55. Permit for importing, introducing into state, possessing or liberating live fish, wild birds, wild mammals, reptiles, amphibians and invertebrates. Regulations. Exemptions. Seizure, relocation and disposal. Penalties. (a) Except as provided in subsection (c) of this section, no person shall import or introduce into the state, or possess or liberate therein, any live fish, wild bird, wild mammal, reptile, amphibian or invertebrate unless such person has obtained a permit therefor from the commissioner. Such permit may be issued at the discretion of the commissioner under such regulations as the commissioner may prescribe. The commissioner shall by regulation prescribe the numbers of live fish, wild birds, wild mammals, reptiles, amphibians or invertebrates of certain species which may be imported, possessed, introduced into the state or liberated therein. The commissioner may by regulation exempt certain species or groups of live fish from the permit requirements. The commissioner shall by regulation determine which species of wild birds, wild mammals, reptiles, amphibians or invertebrates must meet permit requirements. The commissioner may totally prohibit the importation, possession, introduction into the state or liberation therein of certain species which the commissioner has determined may be a potential threat to humans, agricultural crops or established species of plants, fish, birds, mammals, reptiles, amphibians or invertebrates. The commissioner shall by regulation exempt from permit requirements organizations or institutions such as municipal parks, zoos, laboratories and research facilities maintained by scientific or educational institutions, museums, public nonprofit aquaria or nature centers where live fish, wild birds, wild mammals, reptiles, amphibians or invertebrates are held in strict confinement.

      (b) Any such fish, bird, mammal, reptile, amphibian or invertebrate illegally imported into the state or illegally possessed therein may be seized by any representative of the Department of Environmental Protection and may be relocated or disposed of as determined by the commissioner. The Department of Environmental Protection shall issue a bill to the owner or person in illegal possession of such animal for all costs of seizure, care, maintenance, relocation or disposal for such animal.

      (c) Any person who violates any provision of this section or any regulation adopted by the commissioner pursuant to this section shall be assessed a civil penalty not to exceed one thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense. In the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Commissioner of Environmental Protection may request the Attorney General to institute an action in Superior Court to recover such civil penalty and any amounts owed pursuant to a bill issued in accordance with subsection (b) of this section and for an order providing such equitable and injunctive relief as the court deems appropriate.

      (d) Any person who wilfully violates any provision of this section or any regulation adopted by the commissioner pursuant to this section shall be guilty of a class C misdemeanor.

      (1949 Rev., S. 4861; 1955, S. 2453d; 1967, P.A. 169; 1971, P.A. 174; 872, S. 251; P.A. 77-109, S. 1, 2; P.A. 85-53, S. 4; P.A. 89-218, S. 1, 3; P.A. 03-192, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 242; P.A. 04-97, S. 5; 04-257, S. 42; P.A. 09-198, S. 2.)

      History: 1967 act specifically listed wild quadrupeds to which prohibition applies and added exception for municipal parks, zoos, nature centers, etc.; 1971 acts required that imported fish, birds and quadrupeds or their progeny not be exported, sold, exchanged, given away or liberated without board's approval and later replaced references to board of fisheries and game with references to environmental protection commissioner and department; P.A. 77-109 replaced listing of specific quadrupeds with general reference, required that permits for possession of potentially dangerous wild animals be issued pursuant to Sec. 26-40a and added provisions detailing commissioner's regulatory power, deleting exception re parks, zoos, nature centers, etc. now incorporated under regulatory provisions; P.A. 85-53 applied provisions of section to reptiles or amphibians and deleted reference to issuance of permits for possession of "potentially dangerous wild animals" under Sec. 26-40a; P.A. 89-218 added exception for Sec. 26-55a and removed language concerning fine and imprisonment and substituted language on infraction and on separate and continuing offenses; P.A. 03-192 replaced references to wild quadrupeds with references to wild mammals, added references to invertebrates and made technical changes; June 30 Sp. Sess. P.A. 03-6 added "provided nothing in this section shall be construed to require such permit for any live fish, wild bird, wild mammal, reptile amphibian or invertebrate that was imported, introduced into the state, possessed or liberated in the state prior to October 1, 2003"; P.A. 04-97 added permit exemption for primate species weighing not more than 50 pounds at maturity that were imported or possessed in the state prior to October 1, 2003, and made conforming changes, effective May 10, 2004; P.A. 04-257 made technical changes, effective June 14, 2004; P.A. 09-198 designated existing provisions as Subsecs. (a) and (b), amended Subsec. (a) by adding Subsec. (c) exception and deleting exemption for certain primate species weighing not more than 50 pounds at maturity, making regulations mandatory and adding regulatory exemption for certain organizations and institutions, amended Subsec. (b) by making seizure, relocation and disposal discretionary, deleting infraction penalty and adding bill of costs provision, added Subsec. (c) re civil penalty and Attorney General action and added Subsec. (d) re criminal penalty.

      Sec. 26-57a. Importation of reindeer into state from Thanksgiving Day to New Year's Day. Any person may import one or more reindeer into the state during the period commencing on Thanksgiving Day of each year and ending on the immediately following New Year's Day, provided (1) any reindeer so imported is subsequently exported from the state no later than a week following the end of such period, and (2) such importation complies with the following requirements: Each reindeer so imported (A) is individually identified by a permanent metal ear tag, legible tattoo or microchip, (B) possesses a certified veterinary report of inspection documenting an inspection that occurred at least one day and not more than thirty days prior to entry into the state, (C) possesses documentation that verifies such reindeer (i) comes from a herd that is free of both tuberculosis and brucellosis, or (ii) tested negative for tuberculosis and brucellosis at least one day and not more than thirty days prior to entry into the state, and (D) possesses documentation that the originating herd participated in a state chronic wasting disease monitoring program (i) not less than the prior three years if from a state or province not known to have chronic wasting disease, or (ii) not less than the prior five years if from a state or province known to have chronic wasting disease outbreaks.

      (P.A. 09-198, S. 3.)

      History: P.A. 09-198 effective July 1, 2009.

      Sec. 26-58. Taxidermist's license. (a) No person shall practice taxidermy for profit unless he has obtained a license from the commissioner. The commissioner may, upon the application of any citizen of this state, accompanied by payment of a fee of one hundred sixty-eight dollars, issue to such person a license to practice taxidermy, which license shall expire on December thirty-first next following the date of issue. Any such licensee shall permit, at any time, any law enforcement officer to examine and inspect any premises used by him for the practice of taxidermy. Such licensee may receive any bird or animal legally killed in this state or any bird or animal legally killed and imported into this state, for the purpose of tanning, curing or mounting the same, and the provisions of section 26-76 shall not apply to such person. Each licensee shall make an annual report to the commissioner, containing such information as he requires.

      (b) Any person who violates any provision of subsection (a) of this section shall be fined not less than one dollar or more than one hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned.

      (c) The license of any person to practice taxidermy may be revoked or suspended at any time for cause by the commissioner.

      (1949 Rev., S. 4672-4674; 1959, P.A. 398, S. 10; 1971, P.A. 872, S. 254; P.A. 82-91, S. 23, 38; Nov. Sp. Sess. P.A. 91-3, S. 17, 21; May 9 Sp. Sess. P.A. 02-1, S. 96; P.A. 03-278, S. 87; June Sp. Sess. P.A. 09-3, S. 456.)

      History: 1959 act increased license fee from $5 to $15; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 82-91 increased license fee to $50; Nov. Sp. Sess. P.A. 91-3 amended Subsec. (a) to increase the fee for a taxidermist's license to $60; May 9 Sp. Sess. P.A. 02-1 increased fee to $84 in Subsec. (a), effective January 1, 2003; P.A. 03-278 made a technical change in Subsec. (b), effective July 9, 2003; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fee from $84 to $168.

      Sec. 26-60. Permits to collect certain wildlife for scientific and educational purposes. Fee. The commissioner may grant to any properly accredited person not less than eighteen years of age, upon written application, a permit to collect fish, crustaceans and wildlife and their nests and eggs, for scientific and educational purposes only, and not for sale or exchange or shipment from or removal from the state without the consent of the commissioner. The commissioner may determine the number and species of such fish, crustaceans and wildlife and their nests and eggs which may be taken and the area and method of collection of such fish, crustaceans and wildlife under any permit in any year. The permit shall be issued for a term established by the commissioner in accordance with federal regulations and shall not be transferable. The commissioner shall charge an annual fee of forty dollars for such permit. Each person receiving a permit under the provisions of this section shall report to the commissioner on blanks furnished by the commissioner, at or before the expiration of such permit, the detailed results of the collections made thereunder. Any person violating the provisions of this chapter or of the permit held by him shall be subject to the penalties provided in section 26-64, and, upon conviction of such violation, the permit so held by him shall become void.

      (1949 Rev., S. 4920; 1957, P.A. 279; 1971, P.A. 872, S. 256; P.A. 73-30, S. 1, 2; P.A. 76-422, S. 1; P.A. 83-191, S. 4, 9; Nov. Sp. Sess. P.A. 91-3, S. 8, 21; May 9 Sp. Sess. P.A. 02-1, S. 97; June Sp. Sess. P.A. 09-3, S. 457.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 73-30 specified that collection of wildlife and nests and eggs allowed for educational purposes; P.A. 76-422 substituted "permit" for "certificate", allowed collection of crustaceans and provided that all permits expire on December thirty-first of the year of issuance rather than one year from date of issuance; P.A. 83-191 extended permit requirements to the collection of fish and authorized the commissioner to determine the duration of the permit and the method of collection; Nov. Sp. Sess. P.A. 91-3 amended section to require a fee of $10 for a permit; May 9 Sp. Sess. P.A. 02-1 increased permit fee to $20, effective January 1, 2003; June Sp. Sess. P.A. 09-3 increased annual fee from $20 to $40.

PART IV
HUNTING AND TRAPPING

      Sec. 26-65a. Prohibition re reduction of state land where hunting is permitted. The Commissioner of Environmental Protection shall not reduce the amount of state land where hunting is permitted without providing for an equal amount of such land elsewhere in the state. The amount of state land where hunting is permitted shall not be less than the percentage of state land where hunting was permitted as of July 1, 2008.

      (P.A. 09-173, S. 3.)

      History: P.A. 09-173 effective July 1, 2009.

      Sec. 26-80b. Sale or use of computer software or service to remotely hunt animals or birds prohibited. Penalty. (a) No person shall operate, provide, sell, use or offer to operate, provide, sell or use any computer software or service in this state that allows a person, when not physically present, to remotely control a firearm or weapon to hunt a live animal or bird.

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

      (P.A. 09-198, S. 4.)

PART V
QUADRUPEDS

      Sec. 26-86a. Game management. Deer hunting; permitted weapons, locations, bag limits. Consent forms; permits, selection process. (a) The commissioner shall establish by regulation adopted in accordance with the provisions of chapter 54 standards for deer management, and methods, regulated areas, bag limits, seasons and permit eligibility for hunting deer with bow and arrow, muzzleloader and shotgun, except that no such hunting shall be permitted on Sunday. No person shall hunt, pursue, wound or kill deer with a firearm without first obtaining a deer permit from the commissioner in addition to the license required by section 26-27. Application for such permit shall be made on forms furnished by the commissioner and containing such information as he may require. Such permit shall be of a design prescribed by the commissioner, shall contain such information and conditions as the commissioner may require, and may be revoked for violation of any provision of this chapter or regulations adopted pursuant thereto. As used in this section, "muzzleloader" means a rifle or shotgun of at least forty-five caliber, incapable of firing a self-contained cartridge, which uses powder, a projectile, including, but not limited to, a standard round ball, mini-balls, maxi-balls and Sabot bullets, and wadding loaded separately at the muzzle end and "rifle" means a long gun the projectile of which is six millimeters or larger in diameter. The fee for a firearms permit shall be twenty-eight dollars for residents of the state and one hundred dollars for nonresidents, except that any nonresident who is an active full-time member of the armed forces, as defined in section 27-103, may purchase a firearms permit for the same fee as is charged a resident of the state. The commissioner shall issue, without fee, a private land deer permit to the owner of ten or more acres of private land and the husband or wife, parent, grandparent, sibling and any lineal descendant of such owner, provided no such owner, husband or wife, parent, grandparent, sibling or lineal descendant shall be issued more than one such permit per season. Such permit shall allow the use of a rifle, shotgun, muzzleloader or bow and arrow on such land from November first to December thirty-first, inclusive. Deer may be so hunted at such times and in such areas of such state-owned land as are designated by the Commissioner of Environmental Protection and on privately owned land with the signed consent of the landowner, on forms furnished by the department, and such signed consent shall be carried by any person when so hunting on private land. The owner of ten acres or more of private land may allow the use of a rifle to hunt deer on such land during the shotgun season. The commissioner shall determine, by regulation, the number of consent forms issued for any regulated area established by said commissioner. The commissioner shall provide for a fair and equitable random method for the selection of successful applicants who may obtain shotgun and muzzleloader permits for hunting deer on state lands. Any person whose name appears on more than one application for a shotgun permit or more than one application for a muzzleloader permit shall be disqualified from the selection process for such permit. No person shall hunt, pursue, wound or kill deer with a bow and arrow without first obtaining a bow and arrow permit pursuant to section 26-86c. "Bow and arrow" as used in this section and in section 26-86c means a bow with a draw weight of not less than forty pounds. The arrowhead shall have two or more blades and may not be less than seven-eighths of an inch at the widest point. No person shall carry firearms of any kind while hunting with a bow and arrow under said sections.

      (b) Any person who takes a deer without a permit shall be fined not less than two hundred dollars or more than five hundred dollars or imprisoned not less than thirty days or more than six months or shall be both fined and imprisoned, for the first offense, and for each subsequent offense shall be fined not less than two hundred dollars or more than one thousand dollars or imprisoned not more than one year or shall be both fined and imprisoned.

      (1959, P.A. 227, S. 1, 2; 1961, P.A. 337; 1971, P.A. 872, S. 276; P.A. 74-151, S. 3, 7; P.A. 77-86; P.A. 78-135, S. 1; P.A. 79-491, S. 1, 2; P.A. 83-440; P.A. 85-20; P.A. 87-180, S. 2; P.A. 88-98, S. 3, 6; Nov. Sp. Sess. P.A. 91-3, S. 9, 21; P.A. 93-408, S. 2; P.A. 95-352, S. 2; P.A. 97-250, S. 5; May 9 Sp. Sess. P.A. 02-1, S. 98; P.A. 03-276, S. 2; 03-278, S. 88; June Sp. Sess. P.A. 09-3, S. 458.)

      History: 1961 act changed opening date for bow and arrow season from December first to November first; 1971 act replaced state board of fisheries and game with commissioner of environmental protection; P.A. 74-151 greatly expanded provisions, including provisions re use of muzzleloaders and shotguns, deleted specific dates for bow and arrow season previously in force and deleted requirement that arrows used bear full name and address of their owner; P.A. 77-86 provided that persons submitting more than one application for muzzleloader or shotgun permits will be disqualified and that those who are issued a shotgun permit shall be ineligible for such permit the following year; P.A. 78-135 added Subsec. (b) re penalties for taking deer without permit; P.A. 79-491 clarified provisions, substituted references to firearms permits for references to separate muzzleloader and shotgun permits, defined rifle for purposes of section, authorized issuance of "private land deer permit", authorized owners of ten acres or more to allow use of rifles in hunting on their land, authorized commissioner to determine number of consent forms issued for any regulated area and deleted provisions making those issued shotgun permits ineligible for such a permit the following year and prohibiting taking of more than one deer, since regulated areas, bag limits, separate seasons and permit eligibility are to be regulated by commissioner; P.A. 83-440 amended Subsec. (a) to authorize the commissioner to issue private land deer permits to parents and grandparents of landowners, to remove provision linking issuance of permits in numbers linked to the amount of acreage owned, to remove the limitation on the number of deer that may be taken pursuant to a private land deer permit and to exempt archery deer hunters, raccoon and opossum hunters and those hunting deer on their own land from wearing fluorescent clothing while hunting; P.A. 85-20 amended Subsec. (a) by eliminating the limit on consent forms issued by a landowner and exempting persons engaged in archery turkey hunting from the requirement of wearing flourescent orange clothing; P.A. 87-180 amended Subsec. (a) by authorizing concurrent archery and firearms deer hunting seasons and requiring that flourescent orange clothing be worn by archery hunters during concurrent season; P.A. 88-98 deleted requirements for fluorescent orange clothing; Nov. Sp. Sess. P.A. 91-3 amended Subsec. (a) to delete a requirement that deer hunters using a bow and arrow also obtain a general hunting permit pursuant to Sec. 26-27; P.A. 93-408 deleted a specification for round ball ammunition in the definition of muzzleloader; P.A. 95-352 amended Subsec. (a) to allow for free private land deer permits for siblings of the landowners; P.A. 97-250 amended Subsec. (a) to allow taking of deer under this section with bow and arrow by persons holding private land deer permits; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to increase fee for firearms permit from $10 to $14 for residents and from $30 to $50 for nonresidents, effective January 1, 2003; P.A. 03-276 amended Subsec. (a) to make technical changes, to replace "ball" with "a projectile, including, but not limited to, a standard round ball, mini-balls, maxi-balls and Sabot bullets", to delete "which uses centerfire ammunition and", to add exception re an active full-time member of the armed forces, and to replace provision re capability of a bow to propel a certain type of arrow with "a draw weight of not less than forty pounds", effective July 1, 2003; P.A. 03-278 made technical changes in Subsec. (b), effective July 9, 2003; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fees from $14 to $28 for residents and from $50 to $100 for nonresidents.

      Sec. 26-86c. Permits to hunt deer and small game with bow and arrow. Fees. Applications. Education course requirement. No person may hunt deer or small game with a bow and arrow under the provisions of this chapter without a valid permit issued by the Commissioner of Environmental Protection pursuant to this section or section 26-86a for persons hunting deer with bow and arrow under private land deer permits issued free to qualifying landowners, or their husbands or wives, parents, grandparents, lineal descendants or siblings under that section. The fee for such bow and arrow permit to hunt deer and small game shall be sixty dollars for residents and two hundred dollars for nonresidents, or twenty-six dollars for any person twelve years of age or older but under sixteen years of age, except that any nonresident who is an active full-time member of the armed forces, as defined in section 27-103, may purchase a bow and arrow permit to hunt deer and small game for the same fee as is charged a resident of the state. Permits to hunt with a bow and arrow under the provisions of this chapter shall be issued only to qualified applicants therefor by the Commissioner of Environmental Protection, in such form as said commissioner prescribes. Applications shall be made on forms furnished by the commissioner containing such information as he may require and all such application forms shall have printed thereon: "I declare under the penalties of false statement that the statements herein made by me are true and correct." Any person who makes any material false statement on such application form shall be guilty of false statement and shall be subject to the penalties provided for false statement and said offense shall be deemed to have been committed in the town in which the applicant resides. No such application shall contain any material false statement. On and after January 1, 2002, permits to hunt with a bow and arrow under the provisions of this chapter shall be issued only to qualified applicants who have successfully completed the conservation education bow hunting course as specified in section 26-31 or an equivalent course in another state.

      (1959, P.A. 227, S. 4-6; February, 1965, P.A. 602; 1971, P.A. 871, S. 106; 872, S. 278; P.A. 74-151, S. 5, 7; P.A. 75-304, S. 1, 2; P.A. 82-366, S. 7; Nov. Sp. Sess. P.A. 91-3, S. 10, 21; P.A. 97-250, S. 6; May 9 Sp. Sess. P.A. 02-1, S. 99; P.A. 03-123, S. 10; 03-276, S. 3; June Sp. Sess. P.A. 09-3, S. 459.)

      History: 1965 act deleted distinctions between issuance of resident and nonresident licenses; 1971 acts substituted false statement charge and penalty for perjury charge and penalty and replaced state board of fisheries and game with commissioner of environmental protection; P.A. 74-151 substituted "permit(s)" for "license(s)" and specified applicability of provisions to bow and arrow hunting; P.A. 75-304 reduced fee from $5.35 to $5 and transferred power to issue licenses from town clerks to commissioner, deleting all provisions concerning town clerk's duties; P.A. 82-366 amended the section to revise the requirement that permits for hunting deer with bow and arrow be issued only to persons 16 and older for consistency with new junior license categories established by Sec. 26-27a; Nov. Sp. Sess. P.A. 91-3 amended section to authorize hunting of small game with bow and arrow, to increase the fee for all bow hunting and to delete a requirement that moneys received under this section be deposited in the general fund; P.A. 97-250 provided for issuance of permits to take deer with bow and arrow to persons holding private land deer permits and provided that, on and after January 1, 2002, permits to hunt deer with bow and arrow under this chapter shall only be issued to persons who have completed an education course under Sec. 26-31; May 9 Sp. Sess. P.A. 02-1 increased permit fee from $22 to $30 for residents and from $44 to $100 for nonresidents, effective January 1, 2003; P.A. 03-123 made technical changes, effective June 26, 2003; P.A. 03-276 added exception re an active full-time member of the armed forces, effective July 1, 2003; June Sp. Sess. P.A. 09-3 increased fees.

PART IX
COMMERCIAL FISHERIES

      Sec. 26-142a. Environmental tourism cruise vessel permit. Commercial fishing vessel permits. Registration of nets and areas of use. Registration of charter boats. Fishing licenses and registrations. Possession limits. Fees. (a) For the purposes of this section, an environmental tourism cruise vessel is one which is operated for a fee for the purpose of education and observation and retention of marine and estuarine resources collected under the conditions of the permit issued under this section, except that holders of a permit issued under section 26-60 shall not be required to obtain a permit under this section. No person shall operate, use or attempt to operate or use a vessel for commercial fishing or landing activities authorized by this section unless the commissioner has issued a vessel permit for such vessel to the owner of the vessel. No person shall operate, use or attempt to operate or use a vessel or commercial fishing gear for environmental tourism cruises authorized by this section unless the commissioner has issued an environmental tourism cruise permit for such vessel, including conditions for the use of such fishing gear, to the owner of the vessel. No person shall use or assist in using commercial fishing gear in any water of the state or land in this state any species taken by commercial fishing gear or for commercial purposes, regardless of where such species was taken, unless such person has been licensed by the Commissioner of Environmental Protection to use such commercial fishing gear or land such species; except that any person who holds a license to use gill nets, lobster pots, trawl nets, sea scallop dredges, seines, traps, fish pots, fykes, hook and line, long lines or eel pots may, when using such gear, be accompanied and assisted by persons not so licensed. A resident of a state which does not issue commercial licenses to take eels to residents of Connecticut shall not be eligible to obtain a commercial license to take eels in the waters of this state or to land eels in this state. No vessel shall be used to land any finfish, lobsters, crabs, including blue crabs and horseshoe crabs, sea scallops, squid or bait species for sale, barter, exchange, consignment or transportation to any point of sale unless an operator of the vessel is licensed for such purpose, except that any person who holds a commercial fishing license issued by the commissioner to fish by the method used to take such species, regardless of where such species were taken, shall not be required to obtain a landing license. No person shall take or attempt to take lobsters or horseshoe crabs for personal use by hand or by scuba diving or skin diving unless such person has been licensed by the commissioner to take lobsters or horseshoe crabs by such methods. No person shall take or attempt to take finfish for commercial purposes by the use of hook and line, including, but not limited to, rod and reel, hand line, set line, long line, or similar device unless such person has been licensed by the commissioner to use such gear for commercial purposes, except that notwithstanding the issuance of such a license, no person shall take finfish for commercial purposes in the inland district by the use of hook and line. The use of a purse seine or similar device is prohibited. No pound net shall be used to take finfish unless such pound net is registered with the commissioner. Lobsters and blue crabs taken in pound nets shall be released unharmed. No person shall buy for resale finfish, lobsters, crabs, including blue crabs and horseshoe crabs, sea scallops or squid landed in Connecticut from any commercial fisherman unless such buyer and commercial fisherman have been licensed by the commissioner. A licensed commercial fisherman who acts as a seafood dealer may, without holding a seafood dealer license, sell, ship, consign, transfer or barter his or her own catch of finfish, lobsters, crabs, including blue crabs and horseshoe crabs, sea scallops or squid landed in this state. No person shall take blue crabs for commercial purposes except by scoop net, hand line or manually operated and personally attended devices approved by the commissioner and unless such person has been licensed by the commissioner. No person shall operate a charter boat, party boat or head boat for the purpose of fishing unless such boat has been registered for such purpose with the commissioner and such person holds a current passenger-for-hire license issued by the United States Coast Guard. The owner, operator or captain of any such boat may sell the boat's or crew's share of any tuna species if such sale is not prohibited on the basis of species, size or closed season. For the purposes of this chapter, a charter boat, party boat or head boat is a vessel operated for a fee for the purpose of transporting and providing a fishing platform for sport fishermen taking marine species in Connecticut waters or landing marine species at Connecticut ports regardless of where such species are taken. The commissioner may by regulations adopted in accordance with the provisions of chapter 54 exempt certain minnow seines, cast nets, scoop nets, traps, eel pots, seines less than thirty feet in length or any similar device used to take bait species and other species for personal use under a sport fishing license in the inland district and without a license in the marine district. No vessel used to take bait species may employ a fish pump. Persons licensed, registered or issued a permit to engage in activities authorized by this subsection shall carry on their persons or in the vessel being used to engage in such activity the permit, license or registration covering such activity.

      (b) The commissioner shall issue fishing licenses, vessel permits and registrations to qualified applicants upon the submission of an application, on forms provided by the commissioner, containing such information as prescribed by the commissioner, and upon the payment of such license, registration or permit fees as are required by subsection (c) of this section, except that a nonresident whose permit, license or registration in the state of residence has been voided or suspended shall have the Connecticut permit, license or registration voided or suspended during the suspension of such out-of-state permit, license or registration or until another permit, license or registration is obtained in the state of residence. The commissioner shall not issue any fishing license or registration or vessel permit to any applicant who has not met the reporting requirements of section 26-157b. No vessel permit shall be issued to any person for any vessel during the time period that such vessel permit has been revoked pursuant to subsection (f) of this section. Any fishing license or registration or vessel permit issued by the commissioner shall be nontransferable and shall expire on the thirty-first day of December next following its issuance.

      (c) The fee for the following fishing licenses and registrations and for a commercial fishing vessel permit shall be: (1) For a license to take blue crabs for commercial purposes, one hundred fifty dollars; (2) for a license to take lobsters for personal use, but not for sale, (A) by the use of not more than ten lobster pots, traps or similar devices provided finfish may be taken incidentally during such use if taken in accordance with recreational fishery creel limits adopted under section 26-159a and if taken for personal use and not for sale, or (B) by skin diving, scuba diving or by hand, one hundred twenty dollars; (3) for a license to take lobsters, fish or crabs, other than blue crabs for personal use or for sale, by the use of more than ten lobster pots or similar devices, one hundred ninety dollars for residents of this state and two hundred eighty-five dollars for nonresidents, provided any such license issued to a resident of a state that does not issue commercial licenses conferring the same authority to take lobsters to residents of Connecticut shall be limited to the taking of crabs, other than blue crabs, and a nonresident shall not be issued such license if the laws of the nonresident's state concerning the taking of lobster are less restrictive than regulations adopted pursuant to section 26-157c; (4) for a license to take lobsters, crabs other than blue crabs, squid, sea scallops and finfish, for personal use or for sale, by the use of more than ten lobster pots or similar devices, or by the use of any otter trawl, balloon trawl, beam trawl, sea scallop dredge or similar device, two hundred eighty-five dollars for residents of this state and one thousand five hundred dollars for nonresidents, provided any such license issued to residents of states which do not issue commercial licenses conferring the same authority to take lobsters to residents of Connecticut shall be limited to the taking of crabs other than blue crabs, squid, sea scallops and finfish by the use of any otter trawl, balloon trawl, beam trawl, sea scallop dredge or similar device, and a nonresident shall not be issued such license if the laws of the state of residency concerning the taking of lobster are less restrictive than regulations adopted under the authority of section 26-157c; (5) for a license to set or tend gill nets, seines, scap or scoop nets used to take American shad, two hundred dollars; (6) for the registration of each pound net or similar device used to take finfish, two hundred eighty-five dollars, provided persons setting, operating, tending or assisting in setting, operating or tending such pound nets shall not be required to be licensed; (7) for a license to set or tend gill nets, seines, traps, fish pots, cast nets, fykes, scaps, scoops, eel pots or similar devices to take finfish other than American shad or bait species for commercial purposes, or, in any waters seaward of the inland district demarcation line, to take finfish other than American shad or bait species for commercial purposes by hook and line, or to take horseshoe crabs by hand, one hundred ninety dollars for residents of this state and two hundred fifty dollars for nonresidents, and any such license obtained for the taking of any fish species for commercial purposes by hook and line, in excess of any creel limit adopted under the authority of section 26-159a, three hundred seventy-five dollars for residents of this state and six hundred twenty-five dollars for nonresidents, provided for the taking for bait of horseshoe crabs only, this license may be issued without regard to the limitations in section 26-142b to any holder of a Department of Agriculture conch license who held such license between January 1, 1995, and July 1, 2000, inclusive; (8) for a license to set or tend seines, traps, scaps, scoops, weirs or similar devices to take bait species in the inland district for commercial purposes, one hundred dollars; (9) for a license to set or tend seines, traps, scaps, scoops or similar devices to take bait species in the marine district for commercial purposes, one hundred dollars; (10) for a license to buy finfish, lobsters, crabs, including blue crabs and horseshoe crabs, sea scallops, squid or bait species for resale from any commercial fisherman licensed to take or land such species for commercial purposes, regardless of where taken, two hundred fifty dollars; (11) for the registration of any party boat, head boat or charter boat used for fishing, three hundred fifteen dollars; (12) for a license to land finfish, lobsters, crabs, including blue crabs and horseshoe crabs, sea scallops, squid or bait species, five hundred dollars; (13) for a commercial fishing vessel permit, one hundred dollars; (14) for a license to take menhaden from marine waters for personal use, but not for sale, by the use of a single gill net not more than sixty feet in length, one hundred dollars; and (15) for an environmental tourism cruise vessel permit, one hundred dollars, provided the landing of any species regulated under Department of Environmental Protection regulations is prohibited.

      (d) The commissioner may determine for all waters of the state, including the inland and marine districts, areas within which commercial fishing gear may be set or used, the specifications and dimensions of such commercial fishing gear, including materials, length, depth, width, and size of mesh, the length of set lines or long lines, the number and size of hooks, and, for all commercial fishing and landing activities by persons issued either a commercial fishing vessel permit or a license by the commissioner, regardless where such activities take place, the species which may be taken, possessed or landed, the seasons in which species may be taken, possessed or landed, the number and size of finfish, squid and crabs, including blue crabs, which may be taken, possessed or landed and the rules regulating the use of commercial fishing gear, including hours or days of use, and the number of licenses, permits or registrations which may be issued. The commissioner may also order the emergency closure of any fishery if such closure is necessary to conform to regulations adopted under the Fishery Conservation and Management Act of 1976 (Public Law 94-265, as amended) or by other regional fisheries management authorities.

      (e) The commissioner may, during and for any reasonable period of time prior to and after the spawning period of any inland or marine game fish or food fish, close any portion of any inland or marine water where any such fish congregate prior to or during the spawning season.

      (f) The commissioner shall revoke any commercial fishing vessel permit issued under authority of subsection (b) of this section upon conviction or upon the forfeiture of any bond taken upon any complaint, for the following offenses: (1) Possession of ten or more egg-bearing lobsters or lobsters from which the eggs have been removed; (2) possession of either: (A) Ten or more lobsters less than the minimum length if such lobsters constitute more than ten per cent of the lobsters on board; or (B) fifty lobsters which are less than the minimum length, whichever is the lesser amount; (3) possession of either: (A) Twenty or more finfish of at least one species which are less than the minimum length if such finfish constitute more than ten per cent of the finfish on board for that species; or (B) one hundred finfish of at least one species which are less than the minimum length, whichever is the lesser amount; (4) for a second offense within seven hundred and thirty days in violation of regulations relating to bottom trawl nets adopted under this section; (5) for a second offense within seven hundred and thirty days for possession of finfish or lobsters more than ten per cent in excess of possession limits specified in regulations adopted under authority of section 26-157c or 26-159a. Said revocation period shall be for one hundred and eighty days for a first offense, one year for a second offense, two years for a third offense, and shall be permanent for a fourth offense. The provisions of this subsection are in addition to and in no way derogate from any other enforcement provision or penalty contained in any other statute.

      (g) Any person who violates any provision of this part relating to commercial fishing vessel permits shall be fined no more than five hundred dollars or imprisoned not more than thirty days or both, and each violation of any provision of this section relating to commercial fishing vessel permits shall constitute a separate offense.

      (h) Notwithstanding the requirements of subsection (a) of this section, no commercial fishing vessel permit shall be required for any vessel used for the operation of an environmental tourism cruise, a charter, party or head boat or for a vessel used for taking of lobsters for personal use only, or a vessel used for taking inland or marine bait, blue crabs, or American shad, or any vessel used in support of a vessel issued a commercial fishing vessel permit and engaged in the operation of a registered marine pound net.

      (P.A. 74-348, S. 1, 11; P.A. 77-279, S. 1, 2; P.A. 79-293, S. 2; P.A. 80-164, S. 2, 5; 80-386, S. 1, 2, 4; P.A. 82-91, S. 24, 38; P.A. 83-262, S. 1, 4; 83-479, S. 2, 3, 6; P.A. 87-276, S. 1, 2; P.A. 88-98, S. 4, 6; P.A. 90-230, S. 36, 101; Nov. Sp. Sess. P.A. 91-3, S. 11, 21; P.A. 93-100, S. 1, 4; P.A. 94-110, S. 2; P.A. 95-201; P.A. 96-10; P.A. 97-133, S. 2, 3, 5; 97-145, S. 2, 4; P.A. 99-78, S. 1, 2; 99-225, S. 24, 33; P.A. 00-16, S. 1-3; 00-26, S. 4, 5; P.A. 01-150, S. 1; May 9 Sp. Sess. P.A. 02-1, S. 101; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-97, S. 3; 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 460.)

      History: P.A. 77-279 amended Subdiv. (3) to specify that licensees who are residents of nonreciprocal states are limited to taking "crabs other than blue crabs and finfish" where previously such licensees were ineligible for commercial licenses to take lobsters; P.A. 79-293 prohibited issuance of fishing license or registration to applicants who fail to meet reporting requirements of Sec. 26-157b under Subsec. (b); P.A. 80-164 rephrased Subsec. (d) for clarity and authorized commissioner to regulate hours or days of use of commercial fishing gear, the number of licenses or registrations issued and authorized emergency closure of fisheries; P.A. 80-386 amended Subsec. (a) to clarify provisions to prohibit taking lobsters for personal use by hand or by skin or scuba diving unless licensed to do so, to prohibit taking finfish for commercial use with hook and line unless licensed to do so, to prohibit assisting to take blue crabs unless licensed to do so and to add provisions regulating sale of finfish, lobster, crabs, etc. and operation of party boats, charter boats, etc. and amended Subsec. (c) to rephrase Subdiv. (2), to limit licensees who are residents of nonreciprocal states to use of otter, balloon or beam trawls and similar devices in Subdiv. (3), to delete Subdiv. (4) re license to assist a person licensed to take crabs other than blue crabs and finfish, renumbering remaining subsections accordingly, to set different fees for residents and nonresidents in Subdiv. (6), formerly (7), and to add provision re licenses to take eels, to rephrase Subdiv. (10), formerly (11), and to add new Subdiv. (11) re registration of party boats, charter boats or head boats and deleted references to weirs throughout section; P.A. 82-91 increased fee for license to take lobsters for personal use, by use of not more than ten pots or by skin diving, scuba diving or by land, from $10 to $25; increased fee for license to take lobsters, crabs other than blue crabs and finfish, by use of more than ten pots or by use of any trawl, from $50 to $100 for residents and from $75 to $150 for nonresidents; increased fee for license to set, tend or assist in setting or tending nets or seines to take shad, from $10 to $50; increased fee for license to set, tend or assist in setting or tending nets, seines or similar devices to take finfish for commercial purposes, or to take finfish in the marine district for commercial purposes, by hook and line, from $10 to $25 for residents and from $15 to $50 for nonresidents; increased fee for license to take bait species, from $5 to $10; increased registration fee for boat using purse seine to take menhaden, from $300 to $500; increased fee for license to buy lobsters for resale, from $5 to $10; P.A. 83-262 amended Subsec. (c) by providing than a nonresident shall not be issued a lobster license if his state of residency has lobster laws less restrictive that Sec. 26-157a; P.A. 83-479 (1) replaced reference to "operating, tending or setting any lobster pot, otter trawl, beam trawl, balloon trawl, midwater trawl, gill net, trap, fyke net, scap net, scoop net, eel pot or similar device" with "using commercial fishing gear", (2) authorized holders of a license to take lobsters for personal use, a resident commercial fishing license or a nonresident commercial fishing license to be accompanied by persons not so licensed rather than limiting provision to persons licensed to take lobster for personal use, not for sale, or persons licensed to take lobsters, crabs other than blue crabs and finfish for personal use or for sale, (3) expanded commercial fishing license to authorize landing of finfish, lobsters, squid or bait species and (4) eliminated use of seines less than 30 feet long for commercial purposes without a license in Subsec. (a), amended Subsec. (b) to prohibit fishing by nonresidents whose license in their state of residence has been voided or suspended and amended Subsec. (c) by inserting new Subdiv. (12) re license fee to land finfish, lobsters and crabs; P.A. 87-276 amended Subsec. (a) to authorize persons to assist in setting or tending gill nets without obtaining a license; P.A. 88-98 amended Subsec. (a) by adding "in the waters of this state" to the exception for holders of a commercial fishing license to the requirement of a landing license; P.A. 90-230 made technical correction in Subsec. (a); Nov. Sp. Sess. P.A. 91-3 amended Subsec. (a) to restrict the use of purse seines or similar devices to the taking of menhaden, amended Subsec. (b) to delete a requirement that moneys received under this section be deposited in the general fund and amended Subsec. (c) to increase the fee for a license to take blue crabs for commercial purposes from $25 to $50, for a license to take lobsters by certain limited means for personal use from $25 to $50, for a resident license to take lobsters and certain other species by less limited means from $100 to $150 and for a nonresident license from $150 to $225, for a license to take shad by net from $50 to $100, for the registration of pound nets used to take finfish from $50 to $100, for a license to take certain finfish for commercial purposes from $25 to $50, for a license to take bait species for commercial purposes from $10 to $20, for the registration of vessels used in the taking of menhaden from $500 for all registrants to $50 for residents and $750 for nonresidents, for a license to buy lobsters for resale from $10 to $25, for the registration of charter fishing vessels from $10 to $25, and for a license to land certain species from $150 to $225; P.A. 93-100 amended Subsec. (a) to provide for landing licenses, to provide for reciprocity for out-of-state eel fishermen and to add provisions re licenses and equipment used in the taking of certain species, amended Subsec. (b) to make a technical refinement, amended Subsec. (c) to add a fee for taking of certain regulated species by hook and line and to add provisions re licenses and equipment used in the taking of certain other species, and amended Subsec. (d) to broaden and clarify the commissioner's regulatory authority under this section, effective June 2, 1993; P.A. 94-110 deleted prohibition on purchase of bait species from commercial fishermen for resale; P.A. 95-201 amended Subsecs. (a) to (d), inclusive, to provide for commercial fishing vessel permits and added new Subsec. (f) re revocation of such permits, new Subsec. (g) re violations re such permits and new Subsec. (h) re exemptions from the requirement for such permits; P.A. 96-10 amended Subsecs. (a) and (h) to specify issuance of vessel permits for vessels, amended Subsec. (b) to prohibit issuance of vessel permit to any person for a vessel while its permit is revoked, amended Subsec. (f) to modify possession limits for lobsters and finfish and amended Subsec. (h) to exempt certain vessels from permit requirements; P.A. 97-133 amended Subsec. (a) to authorize unlicensed persons to assist licensees in the taking of fish for personal use and amended Subsec. (c) to authorize incidental taking of finfish while lobstering and to add Subdiv. (14) re license to take menhaden, effective June 13, 1997; P.A. 97-145 amended Subsec. (a) to bar use of purse seines greater than 300 feet in length or vessels greater than 50 feet in length to take menhaden prior to July 1, 1999, and to provide that fish pumps may not be used on vessels taking bait species, effective June 13, 1997; P.A. 99-78 amended Subsec. (a) to extend a moratorium on the taking of menhaden by use of certain seines and to authorize regulations for the conservation of the menhaden fishery, effective May 27, 1999; P.A. 99-225 amended Subsec. (c) to provide for a fee to take horseshoe crabs by hand, effective June 29, 1999; P.A. 00-16 amended Subsec. (a) to prohibit the use of purse seines to take menhaden and deleted former Subsec. (c)(9) re registration fees for boats or vessels using purse seines, renumbering Subdivs. (10) to (14), inclusive, as Subdivs. (9) to (13), effective April 25, 2000; P.A. 00-26 amended Subsecs. (a) and (c) to make technical changes; P.A. 01-150 defined "environmental tourism cruise vessel", required environmental tourism cruises to obtain permit to operate, required the operator of a vessel be licensed in order to land horseshoe crabs, required a license to take horseshoe crabs for personal use, prohibited the purchase for resale of horseshoe crabs landed in the state without license, established fee of $150 for a resident license to take lobsters or crabs, other than blue crabs for personal use or for sale, by using more than ten lobster pots and fee of $225 for nonresidents, established$200 fee for nonresident license to set gill nets, seines or similar devices to take finfish, increased nonresident license fee to $500 for taking of any fish species for commercial purposes by hook and line, set $25 fee for license to buy horseshoe crabs, set $225 fee for license to land horseshoe crabs, established $50 fee for environmental tourism cruise vessel permit, exempted environmental tourism cruises from commercial fishing vessel permit requirement, exempted any vessel used in support of a vessel issued a commercial fishing vessel permit and engaged in the operation of a registered marine pound net from commercial fishing vessel permit requirement and made technical changes for purpose of gender neutrality; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to make a technical change and amended Subsec. (c) to increase fee for license to take blue crabs for commercial purposes from $50 to $75 in Subdiv. (1), to increase fee for license to take lobsters for personal use by skin diving, scuba diving or by hand from $50 to $60 in Subdiv. (2)(B), to increase fee for license under Subdiv. (4) from $150 to $225 for residents and from $225 to $1,250 for nonresidents, to increase fee for registration of pound net or similar device from $100 to $225 in Subdiv. (6), to increase fees for licenses under Subdiv. (7) from $50 to $150 and from $100 to $300 for residents, to increase fee for license to take bait species in inland district from $20 to $50 in Subdiv. (8), to increase fee for license to take bait species in marine district from $20 to $50 in Subdiv. (9), to increase fee for license to buy for resale from $25 to $200 in Subdiv. (10), to increase fee for fishing boat registration from $25 to $250 in Subdiv. (11) and to increase fee for license to land from $225 to $400 in Subdiv. (12), effective January 1, 2003; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-97 authorized unlicensed persons to assist holders of gill net, lobster pot, trawl net, sea scallop dredge, seine, trap, fish pot, fyke, hook and line, long line or eel pot licenses when using such gear, deleted commissioner's authority to adopt menhaden fishing moratorium regulations, authorized commercial fishermen acting as seafood dealers without holding seafood dealer license to sell, ship, consign, transfer or barter certain catches in the state, required persons operating charter, party or head boats for fishing to hold a current U.S. Coast Guard passenger-for-hire license, authorized owner, operator or captain of such boats to sell boat's or crew's share of tuna species and amended definition of charter, party or head boat in Subsec. (a), added license to take fish to list of licenses subject to fees in Subsec.(c)(3), replaced shad with American shad in Subsec. (c)(5) and (7), and made technical and conforming changes in Subsecs. (a), (c) and (f), effective May 10, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; June Sp. Sess. P.A. 09-3 amended Subsec. (c) to increase fees and make a technical change.

      Sec. 26-142b. Resident and nonresident commercial finfish, fishing and lobster pot licenses. Restrictions on issuance, transfer and renewal. (a) For the purposes of this section, "active" with regard to a commercial finfish license, commercial fishing license or commercial lobster pot license means that the license has been renewed in the current year and "number of lobster pots actively fished" means the maximum calculated number of pots as established by the Commissioner of Environmental Protection pursuant to regulations adopted in accordance with section 26-157c.

      (b) Notwithstanding any other provision of law, the Commissioner of Environmental Protection shall issue resident and nonresident commercial finfish licenses, commercial fishing licenses and commercial lobster pot licenses under section 26-142a only to persons who held a commercial finfish license, a commercial fishing license, or a commercial lobster pot license at any time from June 1, 1995, to December 31, 2003, inclusive, provided, if such license holder is incapacitated or unable to operate a vessel, the commissioner may reissue a license to a member of such license holder's immediate family or to a member of such license holder's crew, as designated by such license holder, on a temporary basis not to exceed the duration of such incapacity or inability. Such temporary license shall be subject to the provisions of section 26-142a.

      (c) (1) The commissioner may authorize the transfer of an active commercial finfish license, commercial fishing license or commercial lobster pot license, issued pursuant to subsection (c) of section 26-142a, provided the person transferring the license held the license and landed finfish, lobsters, sea scallops, crabs or squid in at least five of the eight calendar years preceding the transfer request and reported such landings to the commissioner, pursuant to section 26-157b, for at least thirty fishing days in each year. Such landings shall be verified by seafood dealer reports submitted pursuant to section 26-157b. The recipient of a transferred commercial lobster pot license shall be limited to the number of lobster pots allocated to such license, except a transferee who currently holds a commercial lobster pot license, issued pursuant to subsection (c) of section 26-142a, shall be limited to the number of pots allocated to such person's currently held lobster pot license or to the transferred license, whichever is greater. The length of any commercial fishing vessel used by the recipient of a transferred license to fish with a trawl net in the waters of this state shall be not more than ten per cent greater than the length of the largest vessel used by the person transferring the license during such qualifying period.

      (2) The commissioner shall authorize the transfer of an active commercial fishing license, issued pursuant to subsection (c) of section 26-142a, provided the person transferring the license held the license every year from 1980 to 1989, inclusive, and landed summer flounder in this state in at least six of such ten years and reported such landings to the commissioner pursuant to section 26-157b.

      (d) The commissioner may authorize the transfer of an active commercial finfish license, commercial fishing license or commercial lobster pot license pursuant to subsection (c) of this section, for a period of two years from the date of death of such license holder.

      (e) Upon transfer of a license, the original license holder shall become ineligible to obtain a renewal of that license. Such original license holder may acquire a new license through a subsequent license transfer.

      (f) A transfer of a license under this section shall not be made while a commercial fishery license, registration or vessel permit held by the transferor or transferee is under suspension and a transfer shall not be authorized for any transferee who has had a commercial fishery license, registration or vessel permit revoked or suspended within the preceding twelve months.

      (P.A. 95-90, S. 1, 3; P.A. 97-133, S. 1, 5; P.A. 99-266, S. 1; P.A. 00-189, S. 1, 2; 00-196, S. 55; P.A. 01-150, S. 2; P.A. 04-97, S. 4; P.A. 09-195, S. 2.)

      History: P.A. 95-90 effective May 31, 1995; P.A. 97-133 extended the restriction on issuance of new licenses until December 31, 1999, deleted references to registrations for marine pound nets and charter or party vessels and provided for issuance of licenses to certain family members upon death of current license holders, effective June 13, 1997; P.A. 99-266 extended until December 31, 2001, the restriction on issuance of new licenses, provided for transfers of licenses to family members upon relinquishment by current licensee, provided procedures for such transfers and expanded the eligible family members; P.A. 00-189 designated existing provisions as Subsec. (a) and made technical changes therein for the purposes of gender neutrality and added Subsec. (b) re transfer of an active commercial fishing license for lobster until October 1, 2002, effective May 26, 2000; P.A. 00-196 deleted reference to purse seine registrations and made technical changes; P.A. 01-150 in Subsec. (a) extended restriction on issuance of new licenses until December 31, 2003, in Subsec. (b) extended authorization to transfer active commercial fishing license for lobster to October 1, 2003, and in new Subsec. (c) authorized the commissioner to authorize the transfer of an active commercial fishing license for lobster under certain circumstances; P.A. 04-97 amended Subsec. (a) to define "active" commercial finfish, fishing and lobster pot licenses and "number of lobster pots fished", to remove December 31, 2003, deadline on issuance of new licenses, to apply issuance restrictions to commercial lobster pot licenses and to delete transfer upon death or relinquishment provisions, deleted existing Subsecs. (b) re transfer of active commercial fishing license for lobster and (c) re authorized transfer of active commercial fishing license for lobster and added new Subsecs. (c) re transfer of active licenses, (d) re transfer of licenses upon death, (e) re owner ineligibility to obtain renewal of transferred license, and (f) re transfer prohibitions, effective May 10, 2004; P.A. 09-195 amended Subsec. (c) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re transfer of active commercial fishing license under certain conditions, effective July 8, 2009.

      Sec. 26-149. Commercial hatcheries. Fees. No person shall operate a commercial hatchery to hold, hatch or rear finfish or crustaceans, including, but not limited to, lobsters and blue crabs, in this state unless such person has obtained a commercial hatchery license from the Commissioner of Agriculture in accordance with the provisions of section 22-11h. The commissioner may issue such license to qualified applicants upon the submission of an application, on forms provided by the commissioner, containing such information as prescribed by the commissioner. There shall be an annual fee of one hundred thirty dollars for each such license. Such license shall expire on the last day of December next after the issuance thereof. All legally acquired finfish and crustaceans hatched, reared or held in commercial hatcheries may be taken and sold at any time for the purpose of stocking other waters, for bait or for food, except that lobsters or blue crabs sold for any purpose other than for rearing in another commercial hatchery shall not have ova or spawn attached and must meet the minimum legal length requirements provided in subsection (a) of section 26-157a. Each owner or operator of any such hatchery shall keep such records as are required by the commissioner on forms provided by the commissioner which record shall be open to inspection by said commissioner or the commissioner's authorized agents at any time and a copy of such records shall be furnished to the commissioner by January thirty-first of the year following the year covered by the report. Representatives of the commissioner may enter upon the premises of any such licensed hatchery at any time to inspect any facility, equipment, impoundment or any finfish or crustaceans to determine the presence of disease or parasites. In such case said commissioner, when so requested, may render such technical assistance as is necessary and possible and may charge a reasonable fee for such services. In the event that the presence of disease or parasites is confirmed in finfish or crustaceans hatched, held or reared in such licensed hatchery said commissioner is authorized to suspend or revoke any such commercial hatchery license and issue an order prohibiting the sale, exchange or removal from such premises of such finfish or crustaceans, and direct such disposition of such remaining finfish or crustaceans including the eggs of such finfish or crustaceans as the commissioner determines would be in the public interest. Any person issued a license to operate a commercial finfish hatchery may charge a fee for the privilege of fishing in the waters included under said license and may sell any species of finfish removed therefrom, provided no sport fishing license shall be required. Said commissioner may adopt regulations, in accordance with the provisions of chapter 54, governing and prescribing the methods of taking such finfish and the conditions under which such finfish may be sold, removed from the premises, possessed and transported. Said commissioner may adopt regulations, in accordance with the provisions of chapter 54, governing and prescribing the method of taking particular species of finfish and the conditions under which such finfish may be removed from the premises, possessed and transported, without a sport fishing license, from artificial facilities at fairs, sportsmen's shows and at such other place as said commissioner authorizes. Persons operating such facilities shall not be required to pay a fee to said commissioner and such persons may charge a fee for the privilege of fishing in such water, provided any such facility and any finfish used in connection therewith may be inspected at any time by any representative of the department to determine the presence of disease or parasites. In the event the presence of disease or parasites is confirmed any such representative may issue a written order directing that such facility be immediately closed to the public and directing such disposition of such remaining finfish as would be in the public interest. Any person who violates any provision of this section or any regulation adopted or order issued by the commissioner, or such representative, or any person who, without proper authorization, takes or attempts to take any finfish or crustacean from any waters described herein shall be fined not more than two hundred dollars or be imprisoned for not more than thirty days or both.

      (1949 Rev., S. 4962; 1955, S. 2539d; 1959, P.A. 398, S. 19; 1971, P.A. 872, S. 320; P.A. 76-11, S. 1, 2; P.A. 82-91, S. 25, 38; Nov. Sp. Sess. P.A. 91-3, S. 19, 21; P.A. 99-93, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 461.)

      History: 1959 act raised license fee from $5 to $10 and required that proceeds from licenses be credited to general fund rather than to fish fund; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 76-11 clarified provisions and expanded scope of section to include hatcheries for finfish or crustaceans, replacing references to "fish" hatcheries; P.A. 82-91 increased license fee to $50; Nov. Sp. Sess. P.A. 91-3 increased the fee for a commercial hatchery license to $65 and deleted a requirement that all moneys received by the state therefor be deposited in the general fund; (Revisor's note: In 1993 an obsolete reference to repealed Sec. 26-156 was deleted editorially by the Revisors); P.A. 99-93 transferred responsibility for commercial hatchery licensing from the Department of Environmental Protection to the Department of Agriculture; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; June Sp. Sess. P.A. 09-3 increased fee from $65 to $130.