CHAPTER 490
FISHERIES AND GAME

Table of Contents

Sec. 26-1. Definitions.
Sec. 26-2. Members. Appointment. Compensation.
Sec. 26-3. Powers and duties of commissioner.
Sec. 26-3a. Acquisition of easements for maintenance of dams.
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.
Sec. 26-3c. Procedures and processes for use of Internet and other means for issuance of hunting, fishing and trapping licenses, permits, stamps and tags. Schedule of retainage by agents.
Sec. 26-4. Appointment and duties of director.
Sec. 26-5. Appointment of conservation officers, special conservation officers and patrolmen.
Sec. 26-6. Powers and duties of conservation officers and patrolmen.
Sec. 26-6a. Constables for fish and game protection.
Sec. 26-6b. Search of containers by conservation officers.
Sec. 26-6c. Immunity from attachments.
Sec. 26-7. Volunteer assistants.
Sec. 26-8. Ordinances controlling use of waters not applicable to department or employees.
Sec. 26-9. Annual exhibition.
Secs. 26-10 to 26-13. Board may borrow from General Fund. Game Fund. Fish Fund. Disposition of receipts.
Sec. 26-14. Federal aid for fish restoration projects.
Sec. 26-15. Fish and wildlife restoration projects. Funds for programs and functions of Bureau of Natural Resources.
Sec. 26-15a. Appropriations to Bureau of Natural Resources. Federal aid. Annual report.
Sec. 26-15b. Annual report re license, permit, stamp and tag fees and expenditures for fish and wildlife programs.
Sec. 26-16. Public hunting and fishing lands and waters.
Sec. 26-17. Release of fishing or hunting rights.
Sec. 26-17a. Acquisition and preservation of tidal wetlands.
Sec. 26-18. Fish or game for propagation.
Sec. 26-19. Motor boats in Bantam River.
Sec. 26-20. Signs on rights-of-way to state ponds or streams.
Sec. 26-21. Notice not to be destroyed.
Sec. 26-22. Control of aquatic plants and animals.
Sec. 26-23. Abandoned or discarded fishing or hunting implements.
Sec. 26-24. Use or disposal of seized articles.
Sec. 26-25. Commissioner may declare closed season or extend open season.
Sec. 26-25a. Regulation of feeding of wildlife on state-owned property.
Sec. 26-25b. Disclosure of stocking schedules.
Sec. 26-25c. Release of lighter-than-air balloons restricted. Penalty.
Sec. 26-26. Enforcement in state boundary waters of fish and game laws.
Sec. 26-26a. Northeast Conservation Law Enforcement Compact.
Sec. 26-27. Licenses required for hunting, trapping and fishing. Exceptions.
Sec. 26-27a. Junior licenses.
Sec. 26-27b. Hunting or taking of waterfowl, stamp required. Connecticut Migratory Bird Conservation Stamp.
Sec. 26-27c. Reproduction and marketing of stamp as artwork. Migratory bird conservation account. Subaccount. Restricted uses of funds.
Sec. 26-27d. Citizens' Advisory Board for the Connecticut Migratory Bird Conservation Stamp program.
Sec. 26-27e. Sport fishing licenses. Statement re discarding of fishing line or other litter.
Sec. 26-28. Hunting, trapping and sport fishing license fees.
Sec. 26-28a. Combination licenses for servicemen. Fee.
Sec. 26-28b. Marine waters fishing license. Exemptions.
Sec. 26-28c. Marine waters fishing license fees.
Sec. 26-29. Free lifetime fishing licenses for blind persons.
Sec. 26-29a. Free lifetime fishing licenses for persons with mental retardation.
Sec. 26-29b. Free lifetime hunting, sport fishing or trapping license for certain handicapped persons.
Sec. 26-29c. Free private land deer permit for certain farmers.
Sec. 26-30. Applications. Issuance of licenses.
Sec. 26-31. Instruction in handling and use of hunting weapons. Required education course for reinstatement of suspended license.
Sec. 26-31a. Instruction in fishing techniques.
Sec. 26-31b. Hunting and fishing guide services. Licenses. Fee.
Sec. 26-32. Permanent license.
Sec. 26-33. Issuance of complimentary licenses to nonresidents.
Sec. 26-34. License for nonresident servicemen.
Sec. 26-34a. License for nonresident servicemen.
Sec. 26-35. Expiration date. License not transferable. Restrictions. Wildlife management study area.
Sec. 26-36. Record of licenses. Remittance of fees by town clerks.
Sec. 26-37. Duplicate licenses.
Sec. 26-38. Hunting by minors.
Sec. 26-39. Hunting licenses for owners of packs of dogs.
Sec. 26-40. Game breeders license. Possession of skunks or raccoons.
Sec. 26-40a. Possession of potentially dangerous animal. Exemptions. Seizure, relocation and disposal. Penalties.
Sec. 26-40b. Animals, the skin or body of which is not to be sold.
Sec. 26-40c. Search and seizure.
Sec. 26-40d. Exceptions.
Sec. 26-40e. Killing, possession and sale of endangered and threatened species.
Sec. 26-40f. Penalty.
Sec. 26-41.
Sec. 26-42. Licensing of raw fur dealers. Inspection. Regulations.
Sec. 26-43. Sale of raw furs to unlicensed nonresident dealer.
Sec. 26-44. Licensing of ferrets.
Sec. 26-45. Bait dealer's license.
Sec. 26-46. Reciprocal fishing privileges.
Sec. 26-47. Permits to take wildlife damaging crops. License to control nuisance wildlife.
Sec. 26-47a. Use of noise-making devices to repel marauding birds and wildlife.
Sec. 26-48. Private shooting preserves; permits; regulations.
Sec. 26-48a. Management of salmon, pheasant, turkey and migratory game birds. Issuance of permits, tags or stamps.
Sec. 26-49. Training of hunting dogs. Permits for liberation of artificially propagated birds.
Sec. 26-50. Permits for training hunting dogs using liberated pheasants.
Sec. 26-51. Permits for field dog trials. Fee.
Sec. 26-52. Permits for shooting birds liberated at field dog trials. Fees.
Sec. 26-53. Hunting licenses not required at field trials.
Sec. 26-54. Permits for custodians of protected birds and quadrupeds.
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.
Sec. 26-55a. Possession of diploid grass carp.
Sec. 26-56. Permits for importation of wild hares or rabbits.
Sec. 26-57. Permits for transportation and exportation of fish, birds, mammals, reptiles, amphibians and invertebrates.
Sec. 26-57a. Importation of reindeer into state from Thanksgiving Day to New Year's Day.
Sec. 26-58. Taxidermist's license.
Sec. 26-59. Regulation of tanning, curing and mounting; permits.
Sec. 26-60. Permits to collect certain wildlife for scientific and educational purposes. Fee.
Sec. 26-61. Suspension of license, registration or permit. Restoration. Fines.
Sec. 26-62. Hunting accidents; suspension of license or privilege to hunt.
Sec. 26-63. Notice of action on license.
Sec. 26-64. Fine for violations.
Sec. 26-65. Commissioner authorized to regulate hunting. Landowner permission required for hunting on private land.
Sec. 26-65a. Prohibition re reduction of state land where hunting is permitted.
Sec. 26-66. Scope of regulations.
Sec. 26-66a. Posting of warning signs by the department. Fees.
Sec. 26-66b. Hunting field guides produced by the department to include regulations for hunting in proximity to buildings.
Sec. 26-67. Regulations.
Sec. 26-67a. Confidentiality of reports.
Sec. 26-67b. Commissioner to advise law enforcement authorities re fish and game laws.
Sec. 26-67c. Complaints re hunting in proximity to certain areas. Hearing. Records to be kept by law enforcement officials. Report to General Assembly.
Sec. 26-67d. Falconry: Definitions.
Sec. 26-67e. Falconry: Applicable federal regulations. Commissioner authorized to adopt regulations. Fee reciprocity.
Sec. 26-68. Emergency declaration of closed seasons.
Sec. 26-69. Wildlife management practices.
Sec. 26-70. Regulation of hunting of wild birds, wild mammals, reptiles, amphibians and invertebrates. Permit for administration of chemical or biological substance to free-ranging wildlife. Requirements.
Sec. 26-71. Penalty.
Sec. 26-72. Regulation of trapping of fur-bearing animals.
Sec. 26-73. Hunting on Sunday.
Sec. 26-74. Use of motor vehicles, snowmobiles and all-terrain vehicles in hunting.
Sec. 26-75. Silencer on firearms.
Sec. 26-76. Possession limit of game birds, wild quadrupeds, reptiles and amphibians.
Sec. 26-77. Taking of waterfowl in open coastal waters.
Sec. 26-78. Sale of birds, quadrupeds, reptiles or amphibians.
Sec. 26-78a. Donation of game to charitable organizations.
Sec. 26-79. Hunting in Putnam Memorial Camp grounds.
Sec. 26-80. Disposition of birds, quadrupeds, reptiles or amphibians illegally taken.
Sec. 26-80a. Illegal taking of moose or bear. Suspension of hunting license. Penalties.
Sec. 26-80b. Sale or use of computer software or service to remotely hunt animals or birds prohibited. Penalty.
Sec. 26-81. Penalties.
Sec. 26-82. Killing of deer regulated. Damage permit. Jacklight permit. Penalties. Plan by homeowner association, municipality or nonprofit land-holding organization to take deer.
Sec. 26-82a. Private land revolver permit to hunt deer. Requirements.
Secs. 26-83 and 26-84. Permits to hunt deer. Fee for permit to kill deer.
Sec. 26-85. Jacklighting for deer. Forfeiture and disposal of weapons.
Sec. 26-86. Deer, moose or black bear killed or wounded by motor vehicle.
Sec. 26-86a. Game management. Deer hunting; permitted weapons, locations, bag limits. Consent forms; permits, selection process.
Sec. 26-86b. Tags. Report of kill.
Sec. 26-86c. Permits to hunt deer and small game with bow and arrow. Fees. Applications. Education course requirement.
Sec. 26-86d. Penalty.
Sec. 26-86e. Regulation of hunting of doe deer.
Sec. 26-86f. Hunting of fawn deer prohibited.
Sec. 26-87. Taking rabbits by use of ferrets. Authorization. Penalties.
Sec. 26-88. Use of explosives.
Sec. 26-89. Cutting trees or using fire to take raccoon.
Sec. 26-90. False statement, penalty. General penalty.
Sec. 26-91. Taking of migratory game birds. Plan by municipality, homeowner association or nonprofit land-holding organization to take Canada geese.
Sec. 26-92. Wild birds other than game birds protected, exception. Game birds defined.
Sec. 26-92a. State purchase of game birds.
Sec. 26-93. Hunting of bald eagle prohibited. Disturbance of nest prohibited. Fine. No access area for bald eagle. Violation and fine or imprisonment.
Sec. 26-94. Hunting swan prohibited.
Sec. 26-95. Trapping of birds.
Sec. 26-96. Trap shooting.
Sec. 26-97. Killing game birds in Westport Fire District prohibited. Penalty.
Sec. 26-98. Penalties.
Sec. 26-99. Establishment of fish and game refuges.
Sec. 26-100. Posting notices.
Sec. 26-101. Wildlife refuges and closed areas.
Sec. 26-102. Fish spawning areas and refuges.
Sec. 26-103. Management and preservation of islands in and marshes in or bordering the Housatonic River.
Sec. 26-104. Bantam Lake sanctuary.
Sec. 26-105. Lake Wononscopomuc sanctuary. Limited hunting.
Sec. 26-106. Milford refuge.
Sec. 26-107. Hunting and trapping on wildlife refuge or closed area.
Secs. 26-107a to 26-107e.
Sec. 26-107f. Program for the conservation of nonharvested wildlife.
Sec. 26-107g. Citizen's Advisory Board for Nonharvested Wildlife. Membership. Duties.
Sec. 26-107h. Annual report.
Sec. 26-107i. Sale of wildlife stamps, prints, publications and other items. Allocation revenue.
Sec. 26-108. Inland waters and marine district defined.
Sec. 26-109. Dividing lines between inland and marine waters in Groton, Stonington, the Niantic River and the Housatonic River.
Sec. 26-110. Demarcation lines.
Sec. 26-111. Regulation of fishing.
Sec. 26-112. Scope of regulations.
Sec. 26-113. Hearings.
Sec. 26-114. Prohibited acts.
Sec. 26-114a. Purchase or sale of snakehead fish prohibited.
Sec. 26-115. Fisheries management practices of commissioner.
Sec. 26-116. Exceptions.
Sec. 26-117. Fine for violation.
Sec. 26-118. Fishing in reservoir.
Sec. 26-119. Use of explosives or poisons.
Sec. 26-120. Striped bass.
Sec. 26-121. Taking of tomcod or frost fish in Saugatuck River.
Sec. 26-122. Fishing through ice in Cranberry Pond, Cream Hill Lake and Lake Quonnipaug.
Sec. 26-123. Fishing through ice in Long Meadow Pond.
Sec. 26-124. Indian Pond.
Sec. 26-125. Beach Pond and Killingly Pond.
Sec. 26-126. Disposition of fish illegally taken.
Sec. 26-127. Conservation of bait species.
Sec. 26-128. Carp and goldfish.
Sec. 26-128a. Taking of glass eels, elver eels and silver eels prohibited. Penalty.
Sec. 26-129. Forfeiture of fishing tackle.
Sec. 26-130. Sale of fish for stocking; sale of fish management commodities; sale of trout eggs.
Sec. 26-131. Registration of private waters. Taking of fish without license.
Sec. 26-132. Privately stocked waters.
Sec. 26-133. Stocking with different species of fish.
Sec. 26-134. Obstructing streams.
Sec. 26-135. Pond weirs and nets.
Sec. 26-136. Fishways.
Sec. 26-137. Fishing near fishways.
Sec. 26-138. Draining for taking fish.
Sec. 26-139. Responsibility for draining. Penalty.
Sec. 26-140. Fishing rights in stream crossing highway.
Sec. 26-141. Fine for violation.
Sec. 26-141a. Standards for flow of water in rivers or streams.
Sec. 26-141b. Adoption of regulations establishing flow standards for rivers and streams. Procedure.
Sec. 26-141c. Violation of regulations.
Sec. 26-142. Registration of nets. Permits to tend or operate.
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.
Sec. 26-142b. Resident and nonresident commercial finfish, fishing and lobster pot licenses. Restrictions on issuance, transfer and renewal.
Sec. 26-142c. Vessel permit exemption for taking lobsters or fish for personal use.
Sec. 26-143. Nets to be marked.
Sec. 26-143a. Nets to be buoyed and marked. Boats to display license or registration flag.
Secs. 26-144 to 26-148. Nets for taking tomcod or frost fish. Smelt and tomcod; nets, registration and fee. Taking of smelt and tomcod; open season, net specifications, designated time and area, penalty. Eel pots. Shad; nets; penalty. Set nets for taking shad in Connecticut and Farmington Rivers.
Sec. 26-149. Commercial hatcheries. Fees.
Secs. 26-150 to 26-153. Registration of fishing boat or vessel; operator's license; fees. Boats to display license number. Drag nets. Drag net or seine, license to operate, required. Mesh of nets.
Sec. 26-154. Restricted waters near mouth of stream or estuary. Use of otter trawls in estuaries.
Sec. 26-154a. Use of purse seines in Long Island Sound.
Sec. 26-155. Fish oil or fertilizer.
Secs. 26-156 and 26-157. Crabs. Lobsters.
Sec. 26-157a. Lobster management program.
Sec. 26-157b. Reports. Penalty.
Sec. 26-157c. Regulations governing the taking and possession of lobsters. Regulations implementing the lobster trap allocation buy-back program.
Sec. 26-157d. Lobster restoration program. Regulations.
Sec. 26-157e. Commissioner to pursue lobster restoration funds. Administration of funds. Entering into contracts.
Sec. 26-157f. Lobster Restoration Advisory Committee. Establishment. Membership. Appointment, procedure and compensation.
Sec. 26-157g. Lobster v-notch restoration program.
Sec. 26-157h. Lobster trap allocation buy-back program.
Sec. 26-157i. Economic assistance program for resident commercial lobster fishermen. Establishment. Regulations.
Sec. 26-157j. Seafood dealer, wholesaler or shipper possession and sale of undersized lobsters. Conditions. Documentation.
Sec. 26-158. Sale of lobsters.
Sec. 26-159. Sea sturgeon.
Sec. 26-159a. Regulations concerning certain sport and commercial fishing in the marine district and possession of certain species. Penalty.
Sec. 26-159b. Taking and selling of sea sturgeon prohibited.
Sec. 26-159c. Commissioner to conduct public hearings in coastal areas.
Sec. 26-160. Extension zones.
Secs. 26-161 to 26-163. Commercial taking of yellow perch. Northern fluke or summer flounder. Alewives and glut herring.
Sec. 26-164. Inspection of license.
Sec. 26-165. Reports.
Sec. 26-166. Obstructions.
Sec. 26-167. Stealing fish, lobsters or equipment. Penalty.
Sec. 26-168. Sale or taking of salt water fish.
Sec. 26-169. Nets and seines prohibited in Darien, Stamford and Greenwich.
Sec. 26-170. Use of seine in Norwalk Harbor.
Sec. 26-171. Taking smelt in Greenwich.
Secs. 26-172 and 26-173. Drag nets along shores of Long Island Sound and Fishers Island Sound. Weirs and pounds.
Sec. 26-174. Pawcatuck River.
Sec. 26-175. Long Beach and Penfield Reef.
Sec. 26-176. Restrictions on type of fishing at certain points on Connecticut, Mystic and Thames Rivers, Niantic Bay and North Cove in Old Saybrook.
Sec. 26-177. Mystic River.
Sec. 26-178. Thames River.
Sec. 26-179. Taking smelt in Groton.
Sec. 26-180. Milford Harbor.
Sec. 26-181. Chester Cove.
Sec. 26-182. Wright's Cove.
Sec. 26-183. Use of nets in Long Island Sound adjacent to Stratford.
Sec. 26-184. Use of nets in Keney Cove.
Sec. 26-185. Use of trawls in the Poquonock River.
Sec. 26-186. Penalties.
Sec. 26-186a. Effect of license suspension on other licenses, permits or registrations and on right to obtain them.

PART I
DEFINITIONS

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

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

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

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

      (4) Repealed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      Cited. 226 C. 265.

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PART II
GENERAL PROVISIONS

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

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

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

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

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

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

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

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


      Cited. 148 C. 621.

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

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

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

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      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.

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      Sec. 26-3c. Procedures and processes for use of Internet and other means for issuance of hunting, fishing and trapping licenses, permits, stamps and tags. Schedule of retainage by agents. (a) The Commissioner of Environmental Protection shall establish procedures and business processes for the use of the Internet and other means of communication and conducting transactions that shall be used for the issuance of hunting, fishing and trapping licenses, permits, stamps and tags pursuant to sections 26-27, 26-27b, 26-28, 26-30, 26-31, 26-36, 26-48a, 26-86a and 26-86c.

      (b) The commissioner shall establish a schedule of the parts of fees to be retained by agents for the issuance of certain hunting, fishing and trapping licenses, permits, stamps and tags.

      (P.A. 10-3, S. 71.)

      History: P.A. 10-3 effective April 14, 2010.

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

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

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

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

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

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      Sec. 26-6. Powers and duties of conservation officers and patrolmen. (a) Conservation officers, special conservation officers and patrolmen appointed by the commissioner under authority of section 26-5, shall enforce the provisions of title 23 and this title and chapters 246, 247, 248, 255 and 268 and regulations adopted pursuant to such titles and chapters and sections 15-180, 22a-250, 22a-381d, 26-192c to 26-192h, inclusive, 29-28, 29-35, 29-38, 53-134, 53-190, 53-191, 53-194, 53-203, 53-204, 53-205, 53a-59 to 53a-64, inclusive, 53a-100 to 53a-117a, inclusive, subsection (b) of section 53a-119b, 53a-122 to 53a-125, inclusive, 53a-130, 53a-133 to 53a-136, inclusive, 53a-147 to 53a-149, inclusive, 53a-157b, 53a-165 to 53a-167c, inclusive, 53a-171, 53a-181 to 53a-183a, inclusive, 54-33d and 54-33e.

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

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

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

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

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

      (1949 Rev., S. 4866; 1955, June, 1955, S. 2458d; 1971, P.A. 233; 871, S. 101; 872, S. 211; P.A. 74-245, S. 2; P.A. 75-567, S. 68, 80; P.A. 80-341, S. 2; P.A. 81-227, S. 2; P.A. 87-589, S. 47, 87; P.A. 89-321, S. 9, 12; P.A. 90-173, S. 10; P.A. 91-402; P.A. 96-180, S. 95, 166; P.A. 00-99, S. 69, 154; P.A. 03-136, S. 7; P.A. 05-234, S. 11; P.A. 10-20, S. 1.)

      History: 1971 acts specified that law enforcement powers of full-time conservation officers are same as those of sheriffs, policemen or constables, replaced reference to Secs. 53-108, 53-110, 53-118 and 53-123 with reference to Secs. 53a-109 and 53a-115 to 53a-117 and replaced references to board of fisheries and game and its director with references to environmental protection commissioner; P.A. 74-245 divided section into Subsecs., listed statutes which conservation officers and patrolmen have power to enforce in greater detail than previously and made technical changes for clarity; P.A. 75-567 substituted Sec. 22a-27d for Sec. 53-51 in Subsec. (a), reflecting its transfer; P.A. 80-341 added reference to Sec. 53a-119b(b) in Subsec. (a); P.A. 81-227 amended Subsec. (a) by expanding the authority of conservation officers to enforce provisions of chapters on motor vehicles, litter, firearms and bribery of public servants and amended Subsec. (b) by granting conservation officers same authority as police officers to obtain and execute search warrants, replacing provision granting them power to search buildings, dwellings, trailers and tents with a search warrant; P.A. 87-589 substituted reference to Sec. 53a-183a for reference to Sec. 53a-183 in Subsec. (a); P.A. 89-321 added references to Secs. 26-192c to 26-192h, inclusive, (formerly Secs. 19a-96 to 19a-101); P.A. 90-173 proposed to amend Subsec. (a) to add reference to Secs. 15-171 to 15-175, inclusive, but said Secs. included in existing reference to chapter 268 and the wording remains the same; P.A. 91-402 amended Subsec. (b) to add provision granting full-time conservation officers, incident to a lawful arrest while enforcing the laws set forth in Subsec. (a), the same powers with respect to criminal matters and the enforcement of the law relating thereto as sheriffs, policemen or constables have in their respective jurisdictions, and divided Subsec. (b) into Subsecs. (b) and (c) and relettered the remaining Subsecs. accordingly; P.A. 96-180 amended Subsec. (e) to change "Said commissioner" to "The Commissioner of Environmental Protection", effective June 3, 1996; P.A. 00-99 deleted references to sheriffs in Subsec. (b), effective December 1, 2000; P.A. 03-136 amended Subsec. (a) to include reference to Sec. 15-180, effective June 26, 2003; P.A. 05-234 amended Subsec. (a) to replace reference to sections "53a-100 to 53a-117, inclusive" with "53a-100 to 53a-117a, inclusive", effective January 1, 2006; P.A. 10-20 amended Subsec. (a) by adding reference to Sec. 22a-381d.

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

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

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

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

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

      (1967, P.A. 305.)

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

      (P.A. 74-245, S. 4.)

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

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

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

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

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

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

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

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

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

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

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

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      Sec. 26-14. Federal aid for fish restoration projects. Section 26-14 is repealed, effective April 14, 2010.

      (1951, S. 2461d; 1971, P.A. 872, S. 216; P.A. 09-173, S. 8; P.A. 10-3, S. 74.)

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      Sec. 26-15. Fish and wildlife restoration projects. Funds for programs and functions of Bureau of Natural Resources. The state of Connecticut assents to the provisions of the Act of Congress titled "Pittman-Robertson Wildlife Restoration Act", approved September 2, 1937, and the provisions of the Act of Congress titled "Dingell-Johnson Sport Fish Restoration Act", approved August 9, 1950. The Commissioner of Environmental Protection is authorized and directed to perform such acts as may be necessary to the establishment and operation of cooperative fish and wildlife restoration projects, as defined in said acts 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, permit, tag and stamp fees, other than the stamp fee paid pursuant to section 26-27b, paid by hunters, trappers and anglers, including, but not limited to, license fees paid by hunters pursuant to sections 26-28, 26-30, 26-31, 26-36, 26-48a, 26-86a and 26-86c, and real or personal property acquired with license, permit, tag and stamp fees, interest, dividends, or other income earned on license, permit, tag and stamp fees shall be diverted for any other purpose than to fund the programs and functions of the Bureau of Natural Resources within the Department of Environmental Protection, in accordance with 50 CFR 80.4.

      (1949 Rev., S. 4925; 1971, P.A. 872, S. 217; P.A. 09-173, S. 7; P.A. 10-3, S. 66.)

      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; P.A. 10-3 replaced reference to "An Act to Provide that the United States Shall Aid the States in Wildlife Restoration Projects, and for Other Purposes" with reference to "Pittman-Robertson Wildlife Restoration Act", added reference to provisions of Act of Congress titled "Dingell-Johnson Sport Fish Restoration Act", added provisions re fish restoration projects and re permit, tag and certain stamp revenues, and replaced provision re protection, propagation, preservation and investigation of fish and game and administration of department functions relating thereto with provision re funding programs and functions of Bureau of Natural Resources within Department of Environmental Protection, effective April 14, 2010.

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      Sec. 26-15a. Appropriations to Bureau of Natural Resources. Federal aid. Annual report. (a) The provisions of section 26-15 shall remain in full force and effect, and there shall be appropriated to the Bureau of Natural Resources within the Department of Environmental Protection for each fiscal year a sum not less than the total estimated receipts from fishing and hunting and trapping licenses, permits, tags and stamps, other than the Connecticut Migratory Bird Conservation Stamp described in section 26-27b, for such year issued under the provisions of this chapter and income earned from license fees, including interest and dividends, income earned from assets acquired with license, permit, tag and stamp fees and the sale or leasing of real or personal property.

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

      (1959, P.A. 398, S. 24; 1971, P.A. 872, S. 218; P.A. 84-413; P.A. 10-3, S. 67.)

      History: 1971 act replaced state board of fisheries and game with department of environmental protection; P.A. 84-413 added Subsec. (b) requiring the department to take full advantage of federal funds for fish and wildlife projects and to submit an annual report of such funds; P.A. 10-3 amended Subsec. (a) by deleting reference to Sec. 26-14, adding reference to Bureau of Natural Resources and adding provisions re receipts from permits, tags and stamps, other than Connecticut Migratory Bird Conservation Stamp, income earned from license fees, income earned from assets acquired with license, permit, tag and stamp fees and sale or leasing of real or personal property, effective April 14, 2010.

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      Sec. 26-15b. Annual report re license, permit, stamp and tag fees and expenditures for fish and wildlife programs. On or before October first of each year, the Department of Environmental Protection shall submit a report to the Chief of the Wildlife and Sport Fish Restoration Program of the United States Fish and Wildlife Service, United States Department of the Interior, that sets forth for the twelve-month period ending the preceding June thirtieth, the amount of license, permit, stamp, other than the Connecticut Migratory Bird Conservation Stamp, and tag fees paid by hunters, trappers and anglers pursuant to the provisions of this chapter as well as interest, dividends and sale or lease payments from assets purchased with license, permit, stamp and tag revenues and the amount of funds expended on fish and wildlife programs and the purposes for which such funds were expended. Additionally, such report shall include, but not be limited to, the amount of expenditures for: (1) The protection, propagation, preservation and investigation of fish and game, (2) the operation, administration and maintenance of fish and wildlife facilities, (3) the operation and administration of wildlife management areas and fish and wildlife access areas, (4) the restoration and enhancement of fish and wildlife habitat, (5) the operation and administration of angler and hunter education and outreach programs, and (6) the administration of fish and wildlife technical assistance programs.

      (P.A. 10-3, S. 68.)

      History: P.A. 10-3 effective April 14, 2010.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      History: 1971 act replaced board of fisheries and game with department of environmental protection; P.A. 95-119 deleted provision re destruction of certain property of the Department of Environmental Protection, deleted provision re imprisonment for defacing a notice or proclamation and set the fine at $77.

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (P.A. 87-546.)

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

      (P.A. 90-166, S. 3, 5.)

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

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

      (P.A. 90-7.)

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

      (1949 Rev., S. 4863.)

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

THE NORTHEAST CONSERVATION LAW ENFORCEMENT COMPACT

Article I

Purposes

      The purposes of this compact are to:

      (1) Provide close and effective cooperation and assistance in detecting and apprehending those engaged in illegal fisheries and wildlife and environmental activities.

      (2) Render mutual aid and assistance and provide for the powers, duties, rights, privileges and immunities of conservation law enforcement personnel when rendering such aid.

Article II

Entry Into Force and Withdrawal

      (1) This compact shall enter into force when enacted into law by any two of the states of Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and West Virginia. Thereafter this compact shall become effective as to any other of the aforementioned states upon its enactment thereof.

      (2) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all the party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal, and any records, files or information obtained by officers or employees of a withdrawing state shall continue to be kept, used and disposed of only in such manner as is consistent with this compact and rules or regulations pursuant thereto.

Article III

The Compact

      (1) There is hereby established the Northeast Conservation Law Enforcement Compact, hereinafter called the compact, to be composed of a representative from each party state who shall be the administrative head of the conservation law enforcement agency from each party state; specifically the Directors from Connecticut, New York and Massachusetts; the Chief of Law Enforcement, Division of Fish, Game and Wildlife from New Jersey; the Chief, Division of Enforcement, Department of Environmental Management from Rhode Island; the Chief Game Warden from Vermont; the Chief from West Virginia; the Chief of Marine Resources and the Chief Warden of the Bureau of Warden Service of the Department of Inland Fisheries and Wildlife from Maine; the Director of the Bureau of Law Enforcement from the Pennsylvania Game Commission; the Chief of Law Enforcement of the New Hampshire Fish and Game Department; and the Major from the Enforcement Section of the Department of Natural Resources & Environmental Control from the State of Delaware, hereinafter called the Administrator, from each party state.

      (2) The Administrator of a party state may provide for the discharge of his duties and the performance of his functions on the compact by an alternate. No such alternate shall be entitled to serve unless notification of his identity and appointment shall have been given the compact in such form as the compact may require.

      (3) An alternate serving pursuant to subdivision (2) of this article shall be selected only from among the officers and employees of the conservation law enforcement agency, the head of which such alternate is to represent.

Article IV

Compact Powers

      The Compact shall have the power to:

      (1) Consider and recommend means of identifying organized violators of fish and wildlife and environmental laws.

      (2) Facilitate mutual assistance among the conservation law enforcement agencies of the party states pursuant to Article V of this compact.

      (3) Promote cooperation in conservation law enforcement and make recommendations to the party states and other appropriate law enforcement authorities for the improvement of such cooperation.

      (4) Do all things which may be necessary and incidental to the exercise of the foregoing powers.

Article V

Mutual Aid

      (1) As used in this article:

      (A) "A requesting state" means the state whose conservation law enforcement agent requests assistance; and

      (B) "A responding state" means the state furnishing aid, or requested to furnish aid, pursuant to this article.

      (2) Upon the request for assistance of the Administrator of the conservation law enforcement agency of a party state, the Administrator of the conservation law enforcement agency of each responding state shall order such part of his conservation police force as he, in his discretion, may find necessary, to aid the conservation police forces of the requesting state in order to carry out the purposes set forth in this compact. In such case it shall be the duty of the Administrator of the conservation law enforcement agency of each responding state to issue the necessary orders for such use of the conservation law enforcement forces of his state without the borders of his state, and to direct such forces to place themselves under the operational control of the Administrator of the conservation law enforcement agency of the requesting state.

      (3) The Administrator of the conservation law enforcement agency of any party state, in his discretion, may withhold or recall the conservation law enforcement forces of his state or any part or any member thereof, serving without its borders.

      (4) Whenever any of the conservation law enforcement forces of any party state are engaged outside their own state in carrying out the purposes of this compact, the individual members so engaged shall have the same powers, duties, rights, privileges and immunities as members of the conservation law enforcement forces of the state in which they are engaged, but in any event, a requesting state shall save harmless any member of a conservation law enforcement agency of a responding state serving within its borders for any act or acts done by such member in the performance of such member's duty while engaged in carrying out the purposes of this compact.

      (5) All liability that may arise under the laws of the requesting state or under laws of the responding state or under laws of a third state on account of or in connection with a request for aid shall be assumed and borne by the requesting state.

      (6) Each party state shall provide, in the same amounts and manner as if they were on duty within their state, for the pay and allowances of the personnel of its conservation law enforcement agency while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact.

      (7) Each party state providing for the payment of a compensation and death benefits to injured members and the representatives of deceased members of its conservation law enforcement agency in case such members sustain injuries or are killed within their own state shall provide for the payment of compensation and death benefits in the same manner and on the same terms in case such members sustain injury or are killed while rendering aid pursuant to this compact.

Article VI

Construction and Severability

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

      (P.A. 99-136, S. 2.)

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PART III
LICENSES AND PERMITS

      Sec. 26-27. Licenses required for hunting, trapping and fishing. Exceptions. (a) Except as provided in subsection (b), (c), (e), (f), (g) or (h) 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, such landowner's spouse or lineal descendants may hunt, trap or fish on land owned by such landowner or on land leased by such landowner and on which such landowner 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.

      (h) No fishing license shall be required for any person who participates in a fishing event conducted by an organization that receives a group fishing license, as provided in subsection (h) of section 26-30, provided any person who participates in such group fishing event shall be subject to all other provisions of the general statutes and the regulations of Connecticut state agencies that relate to fishing.

      (1949 Rev., S. 4868; 1957, P.A. 348, S. 1; 1967, P.A. 71, S. 1; 1971, P.A. 148; P.A. 76-131, S. 1, 2; P.A. 81-298, S. 1, 9; P.A. 82-366, S. 2; P.A. 83-191, S. 1, 9; P.A. 85-53, S. 3; P.A. 87-30, S. 1, 2; P.A. 05-288, S. 117; June Sp. Sess. P.A. 09-3, S. 439; P.A. 10-106, S. 12.)

      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; P.A. 10-106 amended Subsec. (a) by adding references to Subsecs. (g) and (h), amended Subsec. (b) by making technical changes and added Subsec. (h) re exception for person who participates in fishing event conducted by organization that receives group fishing license, effective June 21, 2010.

      See Sec. 26-99 re establishment of fish and game refuges.

      Cited. 124 C. 280.

      Cited. 2 Conn. Cir. Ct. 461.


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      Sec. 26-27a. Junior licenses. As used in this part:

      (1) "Junior firearms hunting license" means a license issued for firearms hunting to persons between twelve and sixteen years of age;

      (2) "Junior archery hunting license" means a license issued for archery hunting to persons between twelve and sixteen years of age;

      (3) "Junior trapping license" means a license issued for trapping to persons under sixteen years of age.

      (P.A. 82-366, S. 1.)

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

      (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 thirteen dollars. The commissioner shall establish an additional voluntary migratory bird conservation donation of not less than two dollars that shall be deposited in the migratory bird conservation account established under section 26-27c. Any agent issuing such stamps may retain a fee established by the Commissioner of Environmental Protection pursuant to section 26-3c 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; P.A. 10-3, S. 34.)

      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; P.A. 10-3 amended Subsec. (a) by eliminating requirement that signature be written in ink across face of stamp and eliminating July 1 as beginning date for issuance of stamps and amended Subsec. (b) by reducing fee for stamp from $15 to $13, adding authority for commissioner to establish additional voluntary migratory bird conservation donation of not less than $2 and making conforming changes, effective April 14, 2010 (Revisor's note: In codifying P.A. 10-3, S. 34, a reference to "section 72 of this act" was deemed by the Revisors to be a reference to "section 71 of this act" and therefore cited as "section 26-3c" in Subsec. (b)).

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      Sec. 26-27c. Reproduction and marketing of stamp as artwork. Migratory bird conservation account. Subaccount. Restricted uses of funds. The Commissioner of Environmental Protection may provide for the Connecticut Migratory Bird Stamp to be reproduced and marketed in the form of prints and other related artwork. Funds generated from such marketing and the sale of stamps pursuant to section 26-27b shall be deposited in a separate account maintained by the Treasurer and known as the migratory bird conservation account. Within said account, there shall be a subaccount for the voluntary migratory bird conservation donation collected pursuant to section 26-27b. The migratory bird conservation account shall be a separate, nonlapsing account of the General Fund. All funds credited to the migratory bird conservation account and subaccount shall only be used for: (1) The development, management, preservation, conservation, acquisition, purchase and maintenance of waterfowl habitat and wetlands and purchase or acquisition of recreational rights or interests relating to migratory birds; and (2) the design, production, promotion and procurement and sale of the prints and related artwork.

      (P.A. 91-308, S. 3; P.A. 92-133, S. 2, 9; P.A. 94-130, S. 9; June Sp. Sess. P.A. 09-3, S. 441; P.A. 10-3, S. 69.)

      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; P.A. 10-3 added requirement that funds generated from marketing and sale of stamps be deposited into migratory bird conservation account, added provision re subaccount within said account for voluntary migratory bird conservation donation and added provision re permissible uses for funds in account and subaccount, effective April 14, 2010.

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

      (b) The board shall advise the Commissioner of Environmental Protection on the design, production and procurement of the Connecticut Migratory Bird Conservation Stamp and the expenditure of funds generated from the sale of such stamps and associated art products pursuant to sections 26-27b and 26-27c.

      (P.A. 92-133, S. 3, 9; June Sp. Sess. P.A. 09-3, S. 442; P.A. 10-3, S. 70.)

      History: June Sp. Sess. P.A. 09-3 amended Subsec. (b) to delete provision re expenditure of funds generated from sale of stamps; P.A. 10-3 amended Subsec. (b) by adding duty to advise commissioner on expenditure of funds generated from sale of stamps and associated art products, effective April 14, 2010.

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      Sec. 26-27e. Sport fishing licenses. Statement re discarding of fishing line or other litter. Each sport fishing license issued pursuant to this part shall contain a conspicuous statement with or printed on such license stating that any person who intentionally discards fishing line or other litter in the waters of the state, on public property of the state or on private property not owned by such person, shall be subject to a fine under section 22a-250.

      (P.A. 08-144, S. 2.)

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      Sec. 26-28. Hunting, trapping and sport fishing license fees. (a) Except as provided in subsections (b) and (c) 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, nineteen dollars; (2) resident fishing license, twenty-eight dollars; (3) resident marine waters fishing license, ten dollars; (4) one-day resident marine waters fishing license, five dollars; (5) resident all-waters fishing license, thirty-two dollars; (6) resident combination license to fish in inland waters and firearms hunt, thirty-eight dollars; (7) resident combination license to fish in marine waters and firearms hunt, twenty-five dollars; (8) resident combination license to fish in all waters and firearms hunt, thirty-eight 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, sixty-five 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, eighty 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, eighty-two dollars; (12) resident firearms super sport license to fish in all waters and firearms hunt, firearms private land shotgun or rifle deer permit, muzzleloader private land deer permit, pursuant to section 26-86 and private land permit to hunt wild turkey during spring season pursuant to section 26-48a, eighty-four dollars; (13) resident firearms super sport license to fish in all waters and firearms hunt, migratory bird conservation stamp, and migratory bird harvest permit (HIP), sixty dollars; (14) resident trapping license, thirty-four dollars; (15) resident junior trapping license for persons under sixteen years of age, eleven dollars; (16) junior firearms hunting license, eleven dollars; (17) nonresident firearms hunting license, ninety-one dollars; (18) nonresident inland waters fishing license, fifty-five dollars; (19) nonresident inland waters fishing license for a period of three consecutive days, twenty-two dollars; (20) nonresident marine waters fishing license, fifteen dollars; (21) nonresident marine waters fishing license for a period of three consecutive days, eight dollars; (22) nonresident all-waters fishing license, sixty-three dollars; (23) nonresident combination license to firearms hunt and inland waters fish, one hundred ten dollars; (24) nonresident combination license to fish in all waters and firearms hunt, one hundred twenty dollars; (25) nonresident combination license to fish in marine waters and firearms hunt, ninety-four dollars; and (26) 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.

      (c) The fee for a group fishing license, as described in subsection (h) of section 26-30, shall be two hundred fifty dollars.

      (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; P.A. 10-3, S. 35; 10-106, S. 13.)

      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; P.A. 10-3 amended Subsec. (a) by reducing fees in Subdivs. (1), (2) and (4) to (11), by adding new Subdiv. (12) re fee for resident firearms super sport license to fish in all waters and firearms hunt, firearms private land shotgun or rifle deer permit, muzzleloader private land deer permit and private land permit to hunt wild turkey during spring season, by adding new Subdiv. (13) re fee for resident firearms super sport license to fish in all waters and firearms hunt, migratory bird conservation stamp and migratory bird harvest permit, by redesignating existing Subdivs. (12) to (24) as Subdivs. (14) to (26) and by reducing fees in redesignated Subdivs. (14) to (25), effective April 14, 2010; P.A. 10-106 amended Subsec. (a) by adding reference to Subsec. (c) and added Subsec. (c) re fee for group fishing license, effective June 21, 2010.

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      Sec. 26-28a. Combination licenses for servicemen. Fee. Section 26-28a is repealed.

      (1967, P.A. 211, S. 1; 1969, P.A. 79, S. 1; P.A. 79-81, S. 2, 3; P.A. 81-298, S. 3, 9; P.A. 82-366, S. 8.)

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      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.

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      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.

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      Sec. 26-29. Free lifetime fishing licenses for blind persons. No fee shall be charged for any sport fishing license issued under this chapter to any blind person, and such license shall be a lifetime license not subject to the expiration provisions of section 26-35. Proof of such blindness shall be furnished, in the case of a veteran, by the United States Veterans' Administration and, in the case of any other person, by the State Board of Education of the Blind. For the purpose of this section, a person shall be blind only if his central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if his visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.

      (1955, S. 2471d; 1957, P.A. 321, S. 1; P.A. 07-133, S. 3.)

      History: P.A. 07-133 added provision making license a lifetime license, effective July 1, 2007.

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      Sec. 26-29a. Free lifetime fishing licenses for persons with mental retardation. No fee shall be charged for any sport fishing license issued under this chapter to any person with mental retardation, and such license shall be a lifetime license not subject to the expiration provisions of section 26-35. Proof of mental retardation shall consist of a certificate to that effect issued by any person licensed to practice medicine and surgery in this state.

      (1963, P.A. 77; P.A. 07-133, S. 4.)

      History: P.A. 07-133 added provision making license a lifetime license, effective July 1, 2007.

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      Sec. 26-29b. Free lifetime hunting, sport fishing or trapping license for certain handicapped persons. No fee shall be charged for any hunting, sport fishing or trapping license issued under this chapter to any physically disabled person, and such license shall be a lifetime license not subject to the expiration provisions of section 26-35. For the purposes of this section, a "physically disabled person" is any person whose disability consists of the loss of one or more limbs or the permanent loss of the use of one or more limbs. A physically disabled person shall submit to the commissioner a certification, signed by a licensed physician, of such disability. No fee shall be charged for any hunting or sport fishing license issued under this chapter to any physically disabled person who is not a resident of this state if such person is a resident of a state in which a physically disabled person from Connecticut will not be required to pay a fee for a hunting or sport fishing license, and such license shall be a lifetime license not subject to the expiration provisions of section 26-35.

      (P.A. 87-513, S. 1; P.A. 93-256, S. 2, 6; P.A. 07-133, S. 5.)

      History: P.A. 93-256 expanded eligibility for licenses under this section and added eligibility for free trapping licenses, effective July 1, 1993; P.A. 07-133 added provisions making license a lifetime license, effective July 1, 2007.

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

      (P.A. 00-67, S. 2; P.A. 03-192, S. 12.)

      History: P.A. 03-192 added provisions authorizing farms that are limited liability corporations to receive free private land deer permits and made a technical change.

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      Sec. 26-30. Applications. Issuance of licenses. (a) Resident licenses to firearms hunt, archery hunt, trap or fish, or the combination thereof, shall be issued only to qualified applicants therefor by the town clerk of any town, an agent of such town clerk deputized pursuant to subsection (f) of this section or an agent of the Commissioner of Environmental Protection licensed pursuant to subsection (g) of this section. Such licenses shall be issued in such form as the commissioner shall prescribe.

      (b) Nonresident licenses shall be issued by any town clerk, an agent of such town clerk or an agent of the commissioner, except that nonresident trapping licenses shall be issued by the commissioner.

      (c) Applications shall be made on forms furnished by the commissioner, containing such information as the commissioner may require, and any such application forms shall have printed thereon, "I declare under the penalties of false statement that the statements herein made by me are true and correct." Any person who makes any material false statement on such application form shall be guilty of false statement and shall be subject to the penalties provided for false statement, and said offense shall be deemed to have been committed in the town in which such application is presented or received for processing.

      (d) No application shall contain any material false statement.

      (e) The town clerk, an agent of such town clerk or an agent of the commissioner shall, upon receipt of such application, correctly filled out and accompanied by the required fee, issue to such applicant the appropriate license. If such application is by mail, the town clerk shall mail such license to such applicant within five days from the receipt of the application and proper fee.

      (f) The town clerk of any town may deputize agents in such town to issue firearms hunting, archery hunting, trapping and fishing licenses, or the combination thereof, provided he shall be solely responsible for compliance with the provisions of the statutes relating to the duties of the town clerk in connection with such licenses and the moneys received therefor.

      (g) The Commissioner of Environmental Protection may, upon application by persons on forms furnished by the commissioner and containing such information as the commissioner may require, license such persons as agents for the issuance of firearms hunting, archery hunting, trapping and fishing licenses, or the combination thereof. Upon the request of any agent licensed by the commissioner, the town clerk of the town in which such agent conducts business shall sell license forms to such agent at the regular license cost minus twenty-five cents for such agent's fee. Not later than the first Monday of each month, such agent shall remit to the town clerk from whom the license forms were purchased any license forms voided by such agent and two copies of all licenses sold by such agent during the preceding month. Upon the request of an agent, the town clerk shall reimburse such agent for any unused or voided license forms remitted to such town clerk.

      (h) The Commissioner of Environmental Protection may issue a group fishing license to any tax-exempt organization qualified under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, for the purpose of conducting a group fishing event or events for persons: (1) With a service-related or other disability who receive services at a facility of the United States Department of Veterans Affairs Connecticut Healthcare System, (2) who receive mental health or addiction services from: (A) The Department of Mental Health and Addiction Services, (B) state-operated facilities, as defined in section 17a-458, or (C) programs or facilities funded by the Department of Mental Health and Addiction Services, as provided for in sections 17a-468b, 17a-469, 17a-673 and 17a-676, (3) with mental retardation or autism who receive services from the Department of Developmental Services, as provided for in section 17a-217, or from facilities licensed by the Department of Developmental Services, as provided for in section 17a-227, or (4) receiving care from the Department of Children and Families, as provided for in section 17a-94, or from programs or child-care facilities licensed pursuant to section 17a-145, 17a-147 or 17a-154. Any such organization shall conduct not more than fifty such events, including marine and inland water events, in any calendar year and each such event shall be limited to not more than fifty persons. Application for such a group fishing license shall be submitted once per calendar year on a form prescribed by the commissioner and with the necessary fee and shall provide such information as required by the commissioner. All fishing activities conducted pursuant to such group license shall be supervised by staff or volunteers of the organization conducting the event or events. Such staff or volunteers shall possess such group fishing license at the site of any such event or events. Each such staff member or volunteer shall have a license to fish. Such organization shall, not later than ten days after such group fishing event, report to the commissioner, on forms provided by the commissioner, information on the results of such event. Such information shall include, but not be limited to, the total: (i) Number of participants, (ii) hours fished, (iii) number of each species caught, and (iv) number of each species not released. Such organization shall not charge a fee to any person that participates in any such group fishing event conducted pursuant to such group fishing license and any such group fishing event shall not be used by such organization as a fund raising event.

      (1949 Rev., S. 4870; 1951, 1953, 1955, S. 2463d; 1957, P.A. 288, S. 1; 1963, P.A. 329, S. 2; 1967, P.A. 244, S. 2; 1971, P.A. 871, S. 103; 872, S. 229; P.A. 80-461; P.A. 81-115, S. 1, 2; P.A. 82-366, S. 3; P.A. 85-613, S. 66, 154; Nov. Sp. Sess. P.A. 91-3, S. 2, 21; P.A. 10-106, S. 14.)

      History: 1963 act deleted Subsecs. (b) and (c) stating that licenses to nonresidents shall be issued by town clerk, his agent or the board of fisheries and game and prohibiting issuance of trapping license to nonresidents; 1967 act restored previously deleted Subsecs; 1971 acts replaced references to "perjury" and penalties in Sec. 53-143 with references to "false statement" and references to board of fisheries and game with references to environmental protection commissioner; P.A. 80-461 added Subsec. (h) re issuance of licenses by agents; P.A. 81-115 extended licensing power to agents of environmental protection commissioner, repealed the bond requirement for sales agents, required that they purchase licenses from town clerks, replacing previous provision which had required clerks to furnish forms without charge and replaced previous provisions requiring agent to remit moneys received to commissioner except for $0.75 recording fee to be remitted to clerk with provisions requiring agents to return voided forms and copies of licenses sold to town clerk and requiring clerk to reimburse agent for voided and unused forms if requested to do so; P.A. 82-366 amended Subsec. (a) to establish separate license categories for firearms hunting and archery hunting, amended Subsec. (b) by authorizing the commissioner of environmental protection to issue nonresident trapping licenses and deleted former Subsec. (c) which had prohibited issuance of trapping licenses to nonresidents, relettering accordingly and changing language elsewhere in section to reflect amendments; P.A. 85-613 made technical change in Subsec. (a); Nov. Sp. Sess. P.A. 91-3 amended Subsec. (e) to delete provision for issuance of license holders; P.A. 10-106 added Subsec. (h) re issuance of group fishing license to tax-exempt organization for purpose of conducting group fishing event, effective June 21, 2010.

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      Sec. 26-31. Instruction in handling and use of hunting weapons. Required education course for reinstatement of suspended license. (a) The Commissioner of Environmental Protection shall formulate conservation courses of instruction in safe trapping, hunting and archery practices and the handling and use of traps and hunting implements, including bow and arrow, for such persons as are applying for a license to hunt with firearms or to hunt with bow and arrow or trap for the first time and for minors who fall within the provisions of section 26-38, and shall designate one or more competent persons or organizations to give such instruction. Any person or organization so designated shall give such instruction to any person requesting the same and shall, upon the successful completion thereof, recommend to the commissioner issuance of a certificate of completion to such person. Successful completion of such instruction for hunting license applicants shall include, but not be limited to, achieving a passing grade on an examination formulated by the commissioner, which shall include correctly stating in writing, or reciting orally, the regulations for hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials and the regulations for shooting towards persons, buildings or animals. Any such person or organization may charge any person taking the course of instruction in trapping a reasonable fee, established by regulation adopted by the commissioner in accordance with chapter 54, to cover the cost of supplies, materials and equipment necessary for such course of instruction. No fee shall be charged for a course of instruction in hunting or archery.

      (b) No firearms hunting, archery hunting or trapping license shall be issued to any person unless he presents proof in the form of a license or certified copy thereof that he has held a similar resident license to hunt with firearms or with bow and arrow or to trap within five years from the date of application in any state or country or possession thereof, or unless he presents to the town clerk a certificate of completion issued under subsection (a) of this section or an equivalent, as deemed by the commissioner, of such certificate. Each town clerk shall transmit all such certificates presented to him to the Commissioner of Environmental Protection in connection with his report to the commissioner under section 26-36.

      (c) Any person who obtains a firearms hunting, archery hunting or trapping license by giving false information or by presenting a fraudulent certificate shall be fined not less than twenty-five dollars nor more than one hundred dollars and such license, or any such subsequent license procured by such person on the basis of any fraudulent statement or act in procuring such original license, shall be revoked and shall not be reissued for one year from the date of such revocation.

      (d) Any certified conservation education-firearms safety instructor while giving such instruction and any person scheduled to receive such instruction may possess and transport shotguns and rifles on Sunday and on said day may discharge such firearms on any state-owned property with prior approval of the agency controlling such property and on any privately-owned property with the permission of the owner, the provisions of section 26-73 to the contrary notwithstanding.

      (e) There is annually appropriated to the Department of Environmental Protection from the General Fund the sum of fifty thousand dollars to be used by said department for the purchase of supplies and materials and necessary personal services in carrying out the provisions of this section.

      (f) Any person who has been refused a certificate of completion under the provisions of subsection (a) of this section may appeal from such refusal to the commissioner, who shall make the final determination on issuance of such certificate to the applicant.

      (g) Any holder of a hunting license which has been suspended under section 26-61, for a hunting safety violation as identified by the commissioner in the Hunting and Trapping Guide published annually by the Department of Environmental Protection or any holder of such a license which has been suspended under section 26-62 shall successfully complete a remedial hunter education course formulated by the Commissioner of Environmental Protection and show proof that the hunter has successfully completed a conservation education-firearms safety course or its equivalent, as deemed by the commissioner, prior to any reinstatement of such license.

      (1955, S. 2473d, 2474d; 1957 P.A. 638, S. 1; 1961, P.A. 133, S. 1; 415; 1963, P.A. 329, S. 3; 1967, P.A. 244, S. 3; 1971, P.A. 872, S. 230; P.A. 81-298, S. 4-7, 9; P.A. 82-366, S. 4; P.A. 85-22; P.A. 87-25; P.A. 91-378, S. 2; P.A. 97-250, S. 7; P.A. 00-142, S. 2.)

      History: 1961 acts required course of instruction for minors "who fall within the provisions of section 26-38" and allowed instructors to charge $1 for course where previously no charge was permitted under Subsec. (a); 1963 act required course of instruction for first-time applicants for trapping license, made changes to reflect change to hunting and trapping license from separate license for each activity and clarified nature of combination license; 1967 act added reference to licenses for hunting only; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner and department; P.A. 81-298 mandated courses of instruction in safe trapping and archery and authorized persons or organizations to charge a reasonable fee for instruction in trapping only, deleting provision which had allowed $1 per person charge for hunting course in Subsec. (a), amended Subsec. (b) to require that license applicant must have held license to hunt with firearms within 5, rather than 10, years from date of application, amended Subsec. (e) by adding reference to trapping license, by imposing firearms restriction on a combination license which commissioner may require to be noted on a license and by deleting phrase which had made provisions inapplicable to use of bow and arrow in hunting, and increased appropriation in Subsec. (g) to implement the provisions of the section from $2,500 to $50,000; P.A. 82-366 amended Subsec. (a) to authorize persons giving instruction to recommend issuance of a certificate of competency by the commissioner of environmental protection where before the instructor himself issued such certificates, amended Subsec. (b) to allow equivalent courses as a prerequisite for a certificate of competency and deleted Subsec. (d) which had required the town clerk to note any restrictions on hunting and fishing licenses, relettering remaining Subsecs. accordingly; P.A. 85-22 replaced general requirement that person seeking license "to hunt or to trap" have held license "to hunt with firearms" with specific requirement that person seeking license for firearms hunting, archery hunting or trapping have held a similar resident license within 5 years; P.A. 87-25 amended Subsec. (b) by requiring proof of having held a license, eliminated Subsec. (e) concerning special insurance for conservation education-firearms safety instructors and deleted provision in former Subsec. (e) re appropriation to defray insurance costs, relettering the remaining Subsecs. accordingly, and substituted references to certificates of completion for references to certificates of competency; P.A. 91-378 amended Subsec. (a) to provide for certain requirements for passage of the examination required for a hunting license; P.A. 97-250 added new Subsec. (g) re completion of remedial education course prior to reinstatement of suspended license; P.A. 00-142 amended Subsec. (g) to require showing of proof of completion of a conservation education-firearms safety course prior to reinstatement of suspended license.

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      Sec. 26-31a. Instruction in fishing techniques. (a) The Commissioner of Environmental Protection shall formulate a course of instruction in fishing techniques to be known as the fishing education and urban angling program. The commissioner shall designate one or more competent persons or organizations to give such instruction. Any person so designated shall give such instruction to any person requesting the same and shall upon successful completion thereof issue a certificate of completion to such person. No fee shall be charged for such instruction.

      (b) All certified fishing instructors shall, while performing their duties under this section, be covered by liability and property damage insurance protection, which insurance shall be in an amount satisfactory to and negotiated by the Comptroller and the premium for such insurance shall be paid from the General Fund.

      (P.A. 85-570, S. 1, 4.)

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      Sec. 26-31b. Hunting and fishing guide services. Licenses. Fee. Section 26-31b is repealed, effective January 1, 2003.

      (Nov. Sp. Sess. P.A. 91-3, S. 20, 21; May 9 Sp. Sess. P.A. 02-1, S. 131.)

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      Sec. 26-32. Permanent license. Section 26-32 is repealed.

      (1957, P.A. 565; 1963, P.A. 329, S. 4; 1967, P.A. 70, S. 1; 1971 P.A. 9, S. 2.)

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      Sec. 26-33. Issuance of complimentary licenses to nonresidents. The Governor may issue complimentary hunting and fishing licenses to nonresidents.

      (1929, S.A. 231; 1971, P.A. 872, S. 231.)

      History: 1971 act deleted requirement that board of fisheries and game approve governor's issuance of complimentary licenses.

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      Sec. 26-34. License for nonresident servicemen. Section 26-34 is repealed.

      (1949 Rev., S. 4874; 1949, 1953, 1955, S. 2466d; 1957, P.A. 163, S. 38; 1963, P.A. 329, S. 8.)

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

      (1967, P.A. 244, S. 7.)

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      Sec. 26-35. Expiration date. License not transferable. Restrictions. Wildlife management study area. Each firearms hunting, archery hunting, trapping or sport fishing license or the combination firearms hunting and fishing license, except licenses issued pursuant to subdivisions (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, except as provided in section 26-82a.

      (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; P.A. 10-99, S. 2.)

      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); P.A. 10-99 added exception for Sec. 26-82a from prohibition on carrying or possession of revolver pursuant to firearms hunting or combination firearms hunting and fishing license, effective June 2, 2010.

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      Sec. 26-36. Record of licenses. Remittance of fees by town clerks. Each town clerk shall keep a record of all licenses issued by such clerk under the provisions of this chapter for a period of two years after issuance, which record shall be open to public inspection, and such clerk shall, on the first Monday of each month, remit to the commissioner all money, except the recording fees, received by such clerk for such licenses issued during the month preceding and shall also forward to the commissioner copies of all licenses issued during the month preceding. Within fifteen days following the close of each calendar year, the town clerk shall send to the commissioner (1) all license forms, other than lifetime license forms, allotted to such clerk which were not issued, (2) an annual report in such form as is required by the commissioner, accounting for all license forms furnished such clerk by the commissioner, licenses sold by such clerk, licenses voided by such clerk and licenses unused, and (3) an affidavit attesting to the accuracy of the accounting in said annual report.

      (1949 Rev., S. 4872; 1951, S. 2465d; 1967, P.A. 85; 1971, P.A. 872, S. 233; P.A. 77-480; P.A. 78-270, S. 2; P.A. 01-79, S. 1.)

      History: 1967 act required that town clerk keep record of licenses issued "for a period of two years after issuance"; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 77-480 required that clerks remit collected moneys to commissioner rather than to state treasurer; P.A. 78-270 specified that clerk need not return forms for lifetime licenses; P.A. 01-79 inserted Subdiv. designators, added Subdiv. (3), requiring town clerk to send an affidavit to commissioner attesting to accuracy of accounting and made technical changes for purposes of gender neutrality.

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      Sec. 26-37. Duplicate licenses. The commissioner, upon written application and the payment of a fee of eleven 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; P.A. 10-3, S. 36.)

      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; P.A. 10-3 reduced fee from $15 to $11, effective April 14, 2010.

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      Sec. 26-38. Hunting by minors. (a) Any person over the age of eighteen years who holds a firearms hunting or archery hunting license may, while hunting with firearms or bows, be accompanied by not more than two minors between the ages of twelve and sixteen years who may hunt with firearms or bows if such minors hold a junior firearms hunting or junior archery hunting license, and provided such person and such minors shall not carry more than one gun or bow each. Such licensee shall be responsible for the observance by such minors of all game laws and regulations made by the commissioner. No provision hereof shall affect the right of persons over the age of eighteen years exempt from license requirements to be accompanied by a minor, provided the other provisions hereof shall be observed.

      (b) Any person under sixteen years of age may trap, provided such person has a license to trap and a certificate of competency issued under subsection (a) of section 26-31.

      (1949 Rev., S. 4876; 1961, P.A. 133, S. 2; 1963, P.A. 329, S. 7; 1967, P.A. 244, S. 6; 1971, P.A. 872, S. 235; 1972, P.A. 127, S. 54; P.A. 81-298, S. 8, 9; P.A. 82-366, S. 6; P.A. 85-403, S. 1; P.A. 87-180, S. 1.)

      History: 1961 act required that minors accompanying adult licensees hold certificates of competency if they intend to hunt; 1963 act replaced reference to hunting license with reference to hunting and trapping license; 1967 act added reference to license for hunting only; 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner; 1972 act substituted "eighteen" for "twenty-one" reflecting changed age of majority; P.A. 81-298 amended Subsec. (a) by adding one bow to the limit on weapons that can be carried in the presence of a minor and added Subsec. (b) re trapping by persons under 16 years of age; P.A. 82-366 made technical revisions to Subsec. (a) for consistency with new license categories established by Secs. 26-27, 26-27a and 26-30 specified applicability of per person bag limit for "pheasants" rather than for "game"; P.A. 85-403 amended Subsec. (a) to allow minors their own bag limit; P.A. 87-180 amended Subsec. (a) by increasing the number of minors who may be supervised by an adult from one to two.

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      Sec. 26-39. Hunting licenses for owners of packs of dogs. Any hunting organization or individual owning and using for hunting an organized pack of ten or more hounds or beagles may hunt foxes or rabbits for sport during the open season provided therefor, provided such organization or individual shall be licensed to do so. The commissioner may issue such license upon application and the payment of an annual fee of forty-eight 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; P.A. 10-3, S. 37.)

      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; P.A. 10-3 reduced fee from $70 to $48, effective April 14, 2010.

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      Sec. 26-40. Game breeders license. Possession of skunks or raccoons. No person, association or corporation shall possess more than one live specimen of, breed or propagate any wild game bird or wild game quadruped of the following species without a game breeder's license as provided herein: In the family Anatidae, all ducks, geese and swans; in the family Phasianidae, all quail, partridge and the following strains of pheasant: Blackneck, Chinese, English, Formosan, melanistic mutant and Mongolian or any cross-breeding thereof and for the purpose of section 22-327 all other members of this family shall be classed as domestic fowls; in the family Tetranoidae, the ruffed grouse; in the family Melegrididae, turkeys except domestic strains; in the family Cervidae, the sika and white tail deer; in the family Procyonidae, the raccoon; in the family Mustelidae, the otter; in the family Castoridae, the beaver; and in the family Leporidae, all species except domestic strains. The commissioner, upon written application and the payment of a fee of twenty-seven 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; P.A. 10-3, S. 38.)

      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; P.A. 10-3 reduced fee from $42 to $27, effective April 14, 2010.

      Cited. 139 C. 628.

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      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.

      Cited. 230 C. 916. Cited. 231 C. 939. Held statute not unconstitutionally vague and list of felidae prohibited by statute not exclusive; judgment of appellate court in State v. DeFrancesco, 34 CA 741, reversed in part. 235 C. 426.

      Statute not unconstitutionally vague as applied to hybrid bobcat; statute is unconstitutionally vague as applied to jungle cat and bengal cat. 34 CA 741; judgment reversed in part, see 235 C. 426.


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      Sec. 26-40b. Animals, the skin or body of which is not to be sold. Section 26-40b is repealed.

      (1971, P.A. 107, S. 1, 2; P.A. 73-445, S. 7.)

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      Sec. 26-40c. Search and seizure. Any officer or agent authorized by the Commissioner of Environmental Protection or any state police officer or any police officer of any town shall have authority to execute any warrant to search for and seize any goods, merchandise or any threatened or endangered species possessed, sold or offered for sale in violation of section 26-311 or any property or item used in connection with a violation of said section. Such goods, merchandise, threatened or endangered species or property shall be held pending proceedings in any court of proper jurisdiction. Upon the conviction of any person charged with a violation of section 26-311 the goods, merchandise or threatened or endangered species seized in connection therewith under the provisions of this section shall be forfeited and retained by the commissioner or offered to a recognized institution for scientific or educational purposes, or destroyed. All costs incurred by the state shall be assessed against the violator.

      (1971, P.A. 107, S. 3; June, 1971, P.A. 1, S. 6; P.A. 73-445, S. 4; P.A. 85-104, S. 1; P.A. 89-224, S. 15, 22.)

      History: June, 1971 act replaced incorrect reference to commissioner of agriculture and natural resources with reference to commissioner of environmental protection; P.A. 73-445 substituted "rare or endangered species" for "wild animal" and "subsection (b) of section 26-40e" for "subsection (a) of section 26-40b"; P.A. 85-104 substituted references to "threatened" species for references to "rare" species; P.A. 89-224 added references to Sec. 26-311, removed obsolete language, added the alternative that seized goods, merchandise or species be retained by the commissioner and added the provision that costs incurred by the state be assessed against the violator.

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      Sec. 26-40d. Exceptions. The commissioner may permit, under such regulations as he may adopt in accordance with the provisions of chapter 54, the transfer, sale, offering for sale, or delivery of any threatened or endangered species or any activity otherwise prohibited under sections 26-303 to 26-312, inclusive, for scientific, educational, biological or zoological purposes, and for the propagation of threatened and endangered species in captivity for preservation purposes, unless such transfer, sale, offering for sale, delivery or activity is prohibited by any federal law or regulation.

      (1971, P.A. 107, S. 4; June, 1971, P.A. 1, S. 7; P.A. 73-445, S. 5; P.A. 74-338, S. 66, 94; P.A. 85-104, S. 2; P.A. 89-224, S. 16, 22.)

      History: June, 1971 act replaced incorrect reference to commissioner of agriculture and natural resources with reference to commissioner of environmental protection; P.A. 73-445 substituted "rare or endangered species" for "wild animal" and "subsection (c) of section 26-40e" for "subsection (a) of section 26-40b"; P.A. 74-338 substituted "chapter 54" for "sections 4-41 to 4-50, inclusive"; P.A. 85-104 substituted references to "threatened" species for references to "rare" species and made other minor changes; P.A. 89-224 added language pertaining to activities otherwise prohibited under chapter 495, removed obsolete language and made technical changes.

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      Sec. 26-40e. Killing, possession and sale of endangered and threatened species. Section 26-40e is repealed.

      (P.A. 73-445, S. 1-3; P.A. 79-354, S. 1, 2; P.A. 85-104, S. 3; P.A. 89-224, S. 21, 22.)

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      Sec. 26-40f. Penalty. Any person who commits, takes part in or assists in violating section 26-40c, 26-40d or section 26-311 or the regulations adopted pursuant to said sections shall be fined not more than one thousand dollars or imprisoned not more than six months or both for each offense. Any employer requiring or encouraging its employees to violate said sections shall be fined not more than ten thousand dollars or imprisoned not more than one year or both. The taking of each endangered or threatened plant or wildlife species or specimen or part thereof shall be deemed to be a separate offense.

      (P.A. 73-445, S. 6; P.A. 85-104, S. 4; P.A. 89-224, S. 17, 22.)

      History: P.A. 85-104 substituted references to "threatened" species for "rare" species; P.A. 89-224 added reference to Sec. 26-311 and regulations and made technical changes.

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

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      Sec. 26-42. Licensing of raw fur dealers. Inspection. Regulations. (a) No person shall engage in the business of buying raw furs produced in this state without obtaining a license from the commissioner. Such license shall be nontransferable and shall expire on June thirtieth next succeeding its issuance. Any license issued in accordance with the provisions of this section may be revoked for failure of the licensee to report the activities engaged in under the license to the commissioner. Activities shall be reported in a manner and at a time specified by the commissioner. Any conservation officer, special conservation officer or recreation officer may examine and inspect any premises used by or records maintained by any person pursuant to a license issued under this section. Notwithstanding any provision of section 1-210 to the contrary, no person shall obtain, attempt to obtain or release to any person or government agency any identifiable individual record of, or information derived from, any report submitted in accordance with the provisions of this section or submitted voluntarily upon request of the commissioner without the consent of the person making the report, except that the commissioner may authorize the release of such information for the purposes of wildlife research, management or development. The fees for such licenses shall be as follows: For each nonresident, or resident, fifty-five dollars, and for each authorized agent of a licensed resident fur buyer, thirty-five 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; P.A. 10-3, S. 39.)

      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; P.A. 10-3 amended Subsec. (a) by reducing fees from $84 to $55 and from $56 to $35, effective April 14, 2010.

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

      (1949 Rev., S. 4881.)

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      Sec. 26-44. Licensing of ferrets. Section 26-44 is repealed.

      (1949 Rev., S. 4882; 1971, P.A. 872, S. 239; P.A. 85-100, S. 4.)

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      Sec. 26-45. Bait dealer's license. No person shall possess for the purpose of sale, sell or offer for sale any bait species without first obtaining a bait dealer's license from the commissioner, provided the provisions hereof shall not apply to persons issued a commercial hatchery license under section 26-149. Application forms for such license shall be furnished by the commissioner. Such license shall be nontransferable. The fee for each such license shall be sixty-three 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; P.A. 10-3, S. 40.)

      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; P.A. 10-3 reduced fee from $100 to $63 and made a technical change, effective April 14, 2010.

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      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.

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      Sec. 26-47. Permits to take wildlife damaging crops. License to control nuisance wildlife. (a) When it is shown to the satisfaction of the commissioner that wildlife is causing unreasonable damage to agricultural crops during the night and it is found by the commissioner that control of such damage by wildlife is impracticable during the daylight hours, the commissioner may issue permits for the taking of such wildlife as 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.

      See Sec. 26-82 re regulation of killing of deer.

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      Sec. 26-47a. Use of noise-making devices to repel marauding birds and wildlife. Section 26-47a is repealed, effective July 1, 1993.

      (1967, P.A. 599, S. 1; 1971, P.A. 872, S. 243; P.A. 73-16, S. 1, 2; P.A. 93-222, S. 2, 3.)

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      Sec. 26-48. Private shooting preserves; permits; regulations. The commissioner may issue permits authorizing the establishment and operation of regulated private shooting preserves when in his judgment such preserves will not conflict with any reasonable prior public interest. The fee for such permit shall be sixty-three 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; P.A. 10-3, S. 41.)

      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; P.A. 10-3 reduced fee from $100 to $63, effective April 14, 2010.

      See Sec. 26-73 prohibiting hunting on Sunday.

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      Sec. 26-48a. Management of salmon, pheasant, turkey and migratory game birds. Issuance of permits, tags or stamps. (a) The commissioner may establish, by regulations adopted in accordance with the provisions of chapter 54, standards for the management of salmon, migratory game birds in accordance with section 26-92, pheasant and turkey which shall include provision for the issuance of permits, tags or stamps. The commissioner may charge a fee for a permit, tag or stamp as follows: Not more than nineteen dollars for turkey; not more than thirteen dollars for migratory game birds; not more than twenty-eight dollars for pheasant and not more than twenty-eight 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 nineteen 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; P.A. 10-3, S. 42.)

      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; P.A. 10-3 amended Subsec. (a) by reducing fees for turkey, migratory game birds and salmon, effective April 14, 2010.

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

      (b) Said commissioner may authorize the establishment and operation of regulated hunting dog-training areas and may issue to any person holding a private shooting preserve permit, as provided for under section 26-48, or to any established game breeder holding a game breeder's license, as provided for under section 26-40, or to any person holding a commercial kennel license, as provided for under section 22-342, a permit, which shall expire on June thirtieth next after issuance and for which a fee of eighteen 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; P.A. 10-3, S. 43.)

      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; P.A. 10-3 amended Subsec. (b) by reducing fee from $28 to $18, effective April 14, 2010.

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      Sec. 26-50. Permits for training hunting dogs using liberated pheasants. Section 26-50 is repealed.

      (1957, P.A. 409; 1971, P.A. 872, S. 246; P.A. 83-191, S. 8, 9.)

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      Sec. 26-51. Permits for field dog trials. Fee. The commissioner may, upon application and payment of a fee of nine 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; P.A. 10-3, S. 44.)

      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; P.A. 10-3 reduced fee from $15 to $9, effective April 14, 2010.

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      Sec. 26-52. Permits for shooting birds liberated at field dog trials. Fees. The commissioner may issue to any responsible person or authorized field trial group a permit to hold field dog trials, on land approved by the commissioner as suitable for the purpose, at any time, including Sunday, during daylight hours, at which liberated game birds, waterfowl and pigeons legally possessed may be shot. All such game birds shall, immediately after being shot, be tagged with tags furnished by the commissioner, for which a reasonable fee may be charged. Such game birds so tagged may be possessed, transported, bought and sold at any time. Tags shall not be removed from such game birds until such time as such birds are finally prepared for consumption. The commissioner may, by regulation, govern and prescribe the minimum number of such birds that shall be released, the method of liberating and the method of taking such birds, the species and sex of such birds that may be shot, locations where such field dog trials may be held, periods of the year when such field dog trials may be held, the maximum number of such field dog trials that shall be sponsored or conducted by an individual or group during the period from July first to June thirtieth and the method of reporting all such activities. Notwithstanding the provision of any regulation to the contrary, the fee for a permit to hold a field dog trial on state-owned land shall be thirty-five dollars and the fee for a permit to hold a field dog trial on private land shall be eighteen 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; P.A. 10-3, S. 45.)

      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; P.A. 10-3 reduced fees from $56 to $35 and from $28 to $18, effective April 14, 2010.

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      Sec. 26-53. Hunting licenses not required at field trials. A hunting license shall not be required for any person at any field trial under the supervision and regulation of the commissioner.

      (1949 Rev., S. 4875; 1971, P.A. 872, S. 249.)

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

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      Sec. 26-54. Permits for custodians of protected birds and quadrupeds. The commissioner may appoint as custodians persons who may have in their possession injured, sick or immature birds or quadrupeds until such time as they can be released, and he may issue permits without fee authorizing possession of legally acquired wild birds or quadrupeds as pets or for the purpose of training dogs. The commissioner may regulate the number and species of birds or animals to be held under such permits and the type and size of pens used in their confinement and their care and feeding. The commissioner, in the interest of protecting other game, domestic birds or quadrupeds or the public health and safety, or for a violation of any regulation under which the permit was granted, may revoke such permit and may confiscate birds or animals possessed by the permittee and may destroy such birds or animals when, in his opinion, such action is advisable. Such permits shall expire December thirty-first of each year and may be renewed each year. The commissioner may require such annual reports from such permittees as he deems advisable. Any person who possesses any such bird or quadruped for any of such purposes unless so authorized by the commissioner shall be fined not more than one hundred dollars.

      (1949 Rev., S. 4860; 1953, S. 2452d; 1971, P.A. 872, S. 250; P.A. 73-20, S. 1, 2.)

      History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 73-20 substituted "game birds" for "wild birds".

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      Sec. 26-55. Permit for importing, 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.

      Cited. 235 C. 426.

      Cited. 34 CA 741; judgment reversed in part, see 235 C. 426.


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      Sec. 26-55a. Possession of diploid grass carp. (a) Any person who possesses diploid grass carp in violation of section 26-55 and the regulations adopted under said section, and who submits written notice of such possession to the Department of Environmental Protection, not later than January 1, 1990, shall not be subject to the penalty provided in said section 26-55.

      (b) The department shall evaluate each site where diploid grass carp are present.

      (c) The department shall allow diploid grass carp present in Connecticut on June 6, 1989, to remain, provided such carp are in a contained environment. As used in this subsection, "contained environment" means a lake or pond that has no outlet or whose outlet is screened or otherwise controlled to prevent the migration of fish.

      (d) The department shall publicize the statutes and regulations pertaining to the importation, possession and liberation of diploid grass carp into the state.

      (P.A. 89-218, S. 2, 3.)

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      Sec. 26-56. Permits for importation of wild hares or rabbits. No person shall transport into this state any wild hare or rabbit or liberate in this state any such animal which has been so transported, without a permit from the commissioner, except that wild hares known as snowshoe rabbits or variant hares may be imported without a permit from any of the New England states or the Province of Quebec or the maritime provinces of Canada and liberated in this state, subject to regulations issued by the commissioner, any statute to the contrary notwithstanding. The commissioner may quarantine, confiscate, destroy or otherwise dispose of any wild hare or rabbit other than a snowshoe rabbit or variant hare imported into this state and may make regulations as to importation and liberation of any such animal. Any person who violates any provision of this section or any regulation made under any such provision shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.

      (1949 Rev., S. 4864; 1957, P.A. 393; 1971, P.A. 872, S. 252.)

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

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      Sec. 26-57. Permits for transportation and exportation of fish, birds, mammals, reptiles, amphibians and invertebrates. No person shall transport within the state or transport out of the state any fish, bird, mammal, reptile, amphibian or invertebrate for which a closed season is provided without a permit from the commissioner, except as provided in this section. The commissioner may issue a permit to any person to transport within the state or to transport out of the state any fish, bird, mammal, reptile, amphibian or invertebrate protected under the provisions of this chapter under such regulations as the commissioner may prescribe. No fish, bird, mammal, reptile, amphibian or invertebrate shall be transported out of the state unless each unit, package or container is conspicuously tagged or labeled, and such tag or label contains in legible writing the full name and address of the person legally authorized to transport out of the state such fish, bird, mammal, reptile, amphibian or invertebrate. Any such fish, bird, mammal, reptile, amphibian or invertebrate received by any person or by any common carrier within the state, addressed for shipment to any point without the state and not having such tag or label conspicuously attached shall be prima facie evidence of a violation of the provisions of this section. A permit shall not be required to transport within the state or to transport out of the state any fish, bird, mammal, reptile, amphibian or invertebrate which has been legally taken, bred, propagated or possessed by a person to whom a license, registration or permit has been issued under the provisions of this chapter authorizing the taking, breeding, propagating or possessing of fish, birds, mammals, reptiles, amphibians or invertebrates, and no permit shall be required to transport within the state or to transport out of the state any fish, bird, mammal, reptile, amphibian or invertebrate that has been legally taken or acquired by a person exempt from license requirements under the provisions of this chapter. Any person who violates any provision of this section shall be fined not less than ten dollars or more than two hundred dollars or imprisoned not more than sixty days, or be both fined and imprisoned.

      (1949 Rev., S. 4892, 4897; 1957, P.A. 277; 1971, P.A. 872, S. 253; P.A. 85-53, S. 5; P.A. 03-192, S. 4; P.A. 04-257, S. 43.)

      History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 85-53 applied provisions of section to reptiles and amphibians; P.A. 03-192 replaced references to quadrupeds with references to mammals, added references to invertebrates and made a technical change; P.A. 04-257 made technical changes, effective June 14, 2004.

      Killing for purpose of transporting and having in possession with intent to transport are distinct offenses; this section is not in restraint of interstate commerce. 61 C. 144; 161 U.S. 519.

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      Sec. 26-57a. 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.

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      Sec. 26-58. Taxidermist's license. (a) No person shall practice taxidermy for profit unless he has obtained a license from the commissioner. The commissioner may, upon the application of any citizen of this state, accompanied by payment of a fee of one hundred five 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; P.A. 10-3, S. 46.)

      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; P.A. 10-3 amended Subsec. (a) by reducing fee from $168 to $105, effective April 14, 2010.

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      Sec. 26-59. Regulation of tanning, curing and mounting; permits. The commissioner may make regulations governing the tanning, curing and mounting of all species of wild birds, wild quadrupeds, reptiles and amphibians, including the issuance of permits therefor. All applications for such a permit shall contain such information, in writing, as the commissioner requires. Any person who possesses any such bird, quadruped, reptile or amphibian for any such purpose unless so authorized by the commissioner shall be fined not less than fifty dollars nor more than one hundred dollars and any such bird, quadruped, reptile or amphibian shall be seized by any representative of the Department of Environmental Protection and shall be disposed of as shall be determined by the commissioner.

      (1953, 1955, S. 2455d; 1957, P.A. 273; 1971, P.A. 872, S. 255; P.A. 85-53, S. 6; P.A. 95-119, S. 3.)

      History: 1971 act substituted references to commissioner and department of environmental protection for references to board of fisheries and game; P.A. 85-53 added reptiles and amphibians to the list of animals that may be regulated by the commissioner; P.A. 95-119 provided a minimum fine of $50 for violation of section.

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      Sec. 26-60. Permits to collect certain wildlife for scientific and educational purposes. Fee. The commissioner may grant to any properly accredited person not less than eighteen years of age, upon written application, a permit to collect fish, crustaceans and wildlife and their nests and eggs, for scientific and educational purposes only, and not for sale or exchange or shipment from or removal from the state without the consent of the commissioner. The commissioner may determine the number and species of such fish, crustaceans and wildlife and their nests and eggs which may be taken and the area and method of collection of such fish, crustaceans and wildlife under any permit in any year. The permit shall be issued for a term established by the commissioner in accordance with federal regulations and shall not be transferable. The commissioner shall charge an annual fee of twenty-five 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; P.A. 10-3, S. 47.)

      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; P.A. 10-3 reduced annual fee from $40 to $25, effective April 14, 2010.

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      Sec. 26-61. Suspension of license, registration or permit. Restoration. Fines. (a) Upon the complaint of any person concerning an alleged violation of any provision of this chapter, any regulation issued by the commissioner or any regulation issued by the United States Fish and Wildlife Service under the provisions of section 26-91 or any of the provisions of section 53-204, 53-205, 53a-109, 53a-115, 53a-116 or 53a-117, the commissioner may suspend, after notice and hearing in accordance with the provisions of chapter 54, with respect to the person who is the subject of the complaint, any license, registration or permit issued pursuant to this chapter to such person or such person's right to obtain any such license, registration or permit for not more than one year, and such license, registration or permit, together with the flag or other insignia issued by the commissioner, shall be surrendered to the commissioner or his authorized agent.

      (b) Upon the conviction of any person for any violation of any provision of this chapter, any regulation issued by the commissioner or any regulation issued by the United States Fish and Wildlife Service under the provisions of section 26-91 or any of the provisions of section 53-204, 53-205, 53a-109 or 53a-115 to 53a-117, inclusive, or upon the forfeiture of any bond taken upon any complaint, or upon the payment of any fine for an infraction pursuant to section 51-164n, a license, registration or permit issued pursuant to this chapter to such person by the commissioner and the right to obtain any such license, registration or permit may, for a first violation or infraction, be suspended by the commissioner for not more than one year, and such permit, license or registration, together with the flag or other insignia issued by the commissioner, shall be surrendered to the commissioner or his authorized agent, except that for a violation of any provision of section 26-85 such permit or license or the privilege to obtain such permit or license shall be suspended for not less than one year nor more than two years. For a second violation of any of said laws or regulations the commissioner may suspend any such permit, license or registration and the right to obtain any such permit, license or registration for not more than two years, except that for a second violation of any provision of section 26-85 the suspension period shall be not less than two years nor more than five years; for a third violation or infraction the commissioner may suspend any such permit, license or registration and the right to obtain any such permit, license or registration for not more than three years, except that for a third violation of any provision of section 26-85 the suspension period shall be not less than five years and may be indefinite; and for a fourth violation or infraction within a period of ten years, the commissioner may suspend any such permit, license or registration and the right to obtain any such permit, license or registration for an indefinite period. Upon the conviction of any person or upon the payment of any fine for an infraction pursuant to section 51-164n, for a violation of any statute or any regulation issued by the commissioner concerning hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials or any statute or regulation regarding shooting towards persons, buildings or animals, the commissioner shall suspend any hunting license issued pursuant to this chapter to such person, or such person's right to obtain any such license, for a period of one year, and such license shall be surrendered to the commissioner or his authorized agent; for a second such conviction or upon the payment of a fine for a second such infraction within a period of five years, the commissioner shall suspend any such license for a period of not less than two years.

      (c) Any person who, under any provision of this section, has a permit, license or registration voided or suspended or has a privilege to obtain any one or more of such permits, licenses or registrations voided or suspended may apply to the commissioner for the restoration or reinstatement of one or more of such permits, licenses or registrations or his privilege to obtain any such permit, license or registration, and the commissioner may hear such application and may restore or reinstate one or more of such permits, licenses or registrations or the privilege to obtain any such permit, license or registration.

      (d) Any person who procures any permit, license or registration to which he is not entitled or engages in fishing, hunting or trapping during the period when his permit, license or registration is voided or suspended shall be fined not less than one hundred nor more than two hundred dollars and all fishing, hunting or trapping permits, licenses or registrations issued to such person shall be suspended for an indefinite period. Any person who procures any permit, license or registration to which he is not entitled or engages in fishing, hunting or trapping during the period when such permit, license or registration and the privilege to obtain such a permit, license or registration are suspended for an indefinite period shall be fined not less than two hundred dollars or be imprisoned not more than sixty days or both, and, for a further violation in case of such indefinite suspension, shall be fined not less than two hundred dollars nor more than five hundred dollars or be imprisoned for not more than one year or be both fined and imprisoned.

      (e) The provisions of this section shall not apply to any person who violates any regulation adopted pursuant to section 26-16 and any regulation concerning sport fishing in the marine district adopted pursuant to section 26-159a. Any person who violates such regulations shall have committed an infraction and may pay the fine by mail or plead not guilty under the provisions of section 51-164n.

      (f) Any person whose hunting license is under suspension for a hunting safety violation as identified in section 26-31 shall successfully complete a remedial hunter education course as required by said section prior to any restoration or reinstatement by the commissioner of his privilege to obtain a hunting license.

      (g) Any person whose privilege to hunt, trap or guide has been suspended or revoked in any jurisdiction within the United States or Canada shall be prohibited from purchasing a hunting, fishing or trapping license in this state during such period of revocation or suspension provided the offense for which such privilege was suspended or revoked is substantially similar to an offense described in sections 26-62, 26-74, 26-82 to 26-90, inclusive, 53-204 and 53-205 or the regulations adopted under section 26-66 regarding trapping, hunting before or after legal hours, hunting within five hundred feet of occupied buildings or discharging firearms toward people or across roadways. If such person has previously purchased a license to hunt, fish or trap in this state, the commissioner, after notice and hearing in accordance with the provisions of chapter 54, may suspend such license for the same period as determined in the other jurisdiction or may revoke such license if such privilege was revoked in the other jurisdiction. Such person shall surrender such license to the commissioner or the authorized agent of the commissioner. No person shall possess a license which has been suspended or revoked under this section.

      (1949 Rev., S. 4883; 1953, 1955, S. 2467d; 1957, P.A. 33, S. 1; 1971, P.A. 41; 871, S. 105; 872, S. 257; P.A. 82-255, S. 3; P.A. 84-99; P.A. 91-378, S. 3; P.A. 95-119, S. 4; P.A. 97-250, S. 8; P.A. 99-136, S. 1; May 9 Sp. Sess. P.A. 02-1, S. 102.)

      History: 1971 acts added references to permits, replaced reference to Secs. 26-106, 53-104, 53-108, 53-110 and 53-123 with reference to Secs. 53a-109 and 53a-115 to 53a-117 and replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 82-255 extended the license suspension period from 15 to 30 days, replaced graduated fines for procuring license to which a person is not entitled or for fishing, hunting or trapping while license is void or suspended with one fine for all cases and deemed violations of Secs. 26-16 and 26-159a infractions; P.A. 84-99 added Subsec. (a) re the suspension of a license upon the complaint of an alleged violation, created Subsecs. (b) to (e) from previously existing provisions, amended Subsec. (b) by deleting a provision requiring the suspension of a license "upon the nolle of any complaint upon the payment of any sum of money or upon a suspended judgment or a continuance nisi"; P.A. 91-378 amended Subsec. (b) to provide for minimum mandatory suspension of hunting licenses for conviction of violation of regulations re hunting in proximity to residential areas; P.A. 95-119 amended Subsec. (b) to include infractions as criteria for suspension of licenses and made suspension for a first violation discretionary and deleted a minimum suspension period of 30 days and amended Subsec. (d) to require suspension of all fish and game licenses for engaging in hunting or fishing while under suspension of the relevant license; P.A. 97-250 added new Subsec. (f) re completion of a remedial education course prior to reinstatement of privilege to obtain hunting license; P.A. 99-136 added Subsec. (g) re suspension or revocation of licenses of persons whose licenses have been suspended or revoked in certain other jurisdictions; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (g) to remove reference to regulations adopted under Sec. 26-31b re guide services, effective January 1, 2003.

      Cited. 23 CA 272.

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      Sec. 26-62. Hunting accidents; suspension of license or privilege to hunt. Any person who, with any weapon or instrument used in hunting, injures or causes the death of any person, or injures or causes the death of any animal other than a wild animal, or damages the property of another, shall be given a hearing by the commissioner, who may, for cause shown, suspend the hunting license or, if no license is held, the privilege of such person to hunt, for such period of time as the commissioner deems advisable. Any such person may apply to the commissioner for the restoration of his hunting privilege and the commissioner shall hear such application and may at his discretion, restore the hunting privilege. Any person whose hunting license is under suspension pursuant to this section shall successfully complete a remedial hunter education course as required under section 26-31 prior to any restoration of his privilege to obtain a hunting license.

      (1949, 1953, S. 2470d; 1971, P.A. 872, S. 258; P.A. 97-250, S. 9.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 97-250 added provision re completion of a remedial education course prior to restoration of privilege to obtain hunting license.

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      Sec. 26-63. Notice of action on license. Notice of the cancellation, suspension or revocation of any license, registration or permit issued by the commissioner, or the cancellation, suspension or revocation of the privilege to obtain such a license, registration or permit, shall be deemed to have been properly served when such notice is sent to the person so affected by registered or certified mail by the commissioner to the last-known address of record of such person in the office of the commissioner.

      (1955, S. 2472d; 1971, P.A. 872, S. 259.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.

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      Sec. 26-64. Fine for violations. Any person who violates any provision of this part for which no other penalty is provided shall be fined eighty-seven dollars.

      (1949 Rev., S. 4884; 1957, P.A. 444; P.A. 95-119, S. 5; P.A. 10-3, S. 72.)

      History: P.A. 95-119 deleted a provision re making false statements, deleted a provision re imprisonment and set the fine at $77; P.A. 10-3 increased fine from $77 to $87, effective April 14, 2010.

      Cited. 6 CS 252.

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PART IV*
HUNTING AND TRAPPING

      *From the nature of specific provisions throughout chapter, it is apparent that legislature intended to occupy the field of wildlife management, and regulation of hunting is an integral part of the overall wildlife management plan. 46 CS 588.

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

      Sec. 26-65. Commissioner authorized to regulate hunting. Landowner permission required for hunting on private land. (a) In the interest of developing a sound wildlife program for all species of wild birds and wild quadrupeds, to encourage landowner participation in such program and to develop public hunting on public and private lands and waters, the Commissioner of Environmental Protection is delegated authority to regulate hunting within the state as hereinafter provided.

      (b) No person may engage in hunting on private land without the permission of the owner of such land.

      (1955, S. 2475d; 1971, P.A. 872, S. 260; P.A. 93-408, S. 3.)

      History: 1971 act substituted commissioner of environmental protection for board of fisheries and game; P.A. 93-408 added new Subsec. (b) re landowner permission for hunting on private land.

      See Sec. 53a-217e re negligent hunting offenses.

      Cited. 3 Conn. Cir. Ct. 417.

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      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.

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      Sec. 26-66. Scope of regulations. The commissioner may adopt regulations in accordance with the provisions of chapter 54 governing the taking of wildlife, provided any regulations concerning the taking of migratory game birds shall be consistent with section 26-91. The regulations may: (1) Establish the open and closed seasons, which may be modified by decreasing or increasing the number of days for any specific species, (2) establish hours, days or periods during the open season when hunting shall not be permitted for specific species, (3) establish legal hours, (4) prescribe the legal methods, including type, kind, gauge and caliber of weapons and ammunition, including long bow, (5) prescribe the sex of wildlife that may be taken on a state-wide or local area basis, (6) establish the daily bag limit and the season bag limit, (7) establish the maximum number of persons that may hunt on designated areas during any twenty-four-hour period, (8) require that a permit be obtained from the landowner or his agent, or the commissioner or his agent, to enter upon designated premises or areas for the purpose of hunting, and further require that such permit be returned within a specified time to the issuing authority with an accurate report of all wildlife taken under such permit, the time spent on the premises or area and any other data required by the commissioner for management purposes, (9) establish areas that shall be restricted for designated periods for hunting only with long bow or other specified weapons, (10) establish areas that shall be restricted for designated periods for hunting exclusively by the physically handicapped, (11) establish requirements and procedures for tagging and reporting birds or animals taken by hunting or trapping; and, in the interest of public safety and for the purpose of preventing unreasonable conduct and abuses by hunters, and to provide reasonable control of the actions and behavior of such persons, said commissioner may issue regulations and orders to (12) prohibit the carrying of loaded firearms and hunting within specified distances of buildings, (13) prohibit the discharge of firearms and other hunting devices within specified distances of buildings and, when within specified distances, the discharge of such firearms and devices toward persons, buildings and livestock, (14) prohibit hunting while on any road adjacent to any state park, state forest, premises used for the breeding, rearing or holding in captivity of wildlife or premises used for zoological purposes, (15) establish minimum distances between fixed positions, floating and drift blinds for waterfowl hunting, (16) prohibit crossing over lawns and lands under cultivation, (17) prohibit damage to property, livestock and agricultural crops, (18) prohibit, during specified periods on designated areas, the training, exercising and running of dogs under control or uncontrolled, (19) prohibit the operation and parking of vehicles on designated portions of public and private roads, parking areas, lanes, passageways, rights-of-way, fields and lots, (20) prohibit the discarding of bottles, glass, cans, paper, junk, litter and trash, (21) control the launching, anchoring, mooring, storage and abandonment of boats, trailers and related equipment on properties under the control of the commissioner, (22) specify (A) the persons who shall wear fluorescent orange clothing, (B) the time periods during which such clothing shall be worn and (C) the types and amounts of such clothing which shall be worn, on and after January 1, 1989, when hunting.

      (1955, S. 2476d; 1957, P.A. 406, S. 1; 1971, P.A. 872, S. 261; P.A. 74-135, S. 1; 74-151, S. 1, 7; P.A. 81-103; P.A. 85-19; P.A. 86-111, S. 2; P.A. 88-98, S. 1, 6.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 74-135 deleted exclusive hunting periods for women in Subdiv. (10); P.A. 74-151 deleted "except deer" in provision authorizing commissioner to regulate hunting and substituted "wildlife" for "pheasants" in Subdiv. (5); P.A. 81-103 authorized the commissioner to regulate "the taking of all species of wildlife" where before authorization was to regulate "hunting for all species of game birds and wild quadrupeds"; P.A. 85-19 added Subdiv. (21) re tagging and reporting of birds and animals and clarified language re commissioner's regulatory power; P.A. 86-111 made technical change, inserting former Subdiv. (21) as Subdiv. (11) and renumbering accordingly; P.A. 88-98 authorized regulations governing the wearing of fluorescent orange clothing.

      See Sec. 53a-217e re negligent hunting offenses.

      Cited. 3 Conn. Cir. Ct. 414.

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

      (P.A. 91-378, S. 1.)

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

      (P.A. 91-378, S. 4.)

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      Sec. 26-67. Regulations. The commissioner may issue his regulations, based upon accepted standards of wildlife conservation including the following: (a) Scientific and factual findings of a biological nature; (b) the availability of the species involved; (c) unusual weather conditions and special hazards; (d) the available supply of food and natural cover; (e) the general condition of the woods and streams; (f) the control of the species; (g) the number of permits issued; (h) the area available; (i) the rights and privileges of sportsmen, landowners and the general public; (j) the problem of providing and perpetuating a sound program of wildlife management and a sound recreational program consistent with the availability of the species.

      (1955, S. 2477d; 1971, P.A. 872, S. 262; P.A. 73-616, S. 23; P.A. 74-338, S. 60, 94; P.A. 87-589, S. 41, 87.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 73-616 deleted references to members of abolished board; P.A. 74-338 made technical change; P.A. 87-589 deleted provision re notice and hearing.

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

      (P.A. 86-111, S. 3.)

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

      (P.A. 91-378, S. 5.)

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      Sec. 26-67c. Complaints re hunting in proximity to certain areas. Hearing. Records to be kept by law enforcement officials. Report to General Assembly. (a) The Commissioner of Environmental Protection shall maintain a record of all written complaints received by the department of violations of the regulations concerning hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials or the regulations regarding shooting towards persons, buildings or animals. The commissioner shall hold a hearing at least once annually, in accordance with the provisions of chapter 54, at which changes in such regulations for particular localities shall be considered. The commissioner may amend such regulations for a particular locality where he finds that: (1) The physical setting of a particular locality presents an unreasonable risk that hunters may violate the regulations regarding hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials or the regulations regarding shooting towards persons, buildings or animals or (2) a record of documented complaints reveals that violations of such regulations occur with significant frequency.

      (b) The chief law enforcement official for each municipality, or his designee, shall maintain a record of all complaints received by such official in each calendar year regarding any potential hazard to public safety related to any hunting activity and shall submit such record to the Commissioner of Environmental Protection annually. Such record shall be maintained separately from all other records of complaints received by such official. After an investigation of any such complaint, if the chief law enforcement official determines that a particular hunting activity in a particular location poses a hazard to public safety, he shall submit a written report of such determination to the Commissioner of Environmental Protection.

      (c) On or before February 1, 1995, and annually thereafter, the Commissioner of Environmental Protection shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment which sets forth for the preceding year ending December thirty-first the number of complaints received and investigations conducted along with the action taken.

      (P.A. 91-378, S. 8; P.A. 93-408, S. 1.)

      History: P.A. 93-408 added new Subsecs. (b) and (c) re records of law enforcement officials and a report to the general assembly, respectively.

      See Sec. 53a-217e re negligent hunting offenses.

      By implementing procedure for dealing with local safety concerns, the state has given Department of Environmental Protection the ultimate decision-making authority; municipal ordinances are thus preempted. 46 CS 588.

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

      (P.A. 98-153, S. 1.)

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

      (P.A. 98-153, S. 2.)

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      Sec. 26-68. Emergency declaration of closed seasons. The commissioner may, in an emergency, declare a closed season on any species of game birds, wild quadrupeds, reptiles or amphibians threatened with undue depletion from any cause and, if deemed necessary, to close any area, or any stream, lake or pond, or portions thereof, to hunting and trapping for limited periods of time.

      (1955, S. 2479d; 1971, P.A. 872, S. 263; P.A. 85-53, S. 7.)

      History: 1971 act substituted reference to environmental protection commissioner for reference to board of fisheries and game; P.A. 85-53 added reptiles and amphibians to the list of animals for which an emergency declaration of a closed season may be made.

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      Sec. 26-69. Wildlife management practices. The commissioner may engage in wildlife management practices, including, but not limited to: (1) Managing the wildlife resources of the state to provide sustainable, healthy populations of diverse wildlife species, including endangered and threatened species, consistent with professional wildlife management principles; (2) conducting research to better understand processes and relationships affecting wildlife and habitats; (3) conducting public awareness and technical assistance programs to enhance privately-owned habitat and promote an appreciation for and understanding of the value and use of wildlife; (4) performing any work for the establishment, restoration, improvement, control and protection of wildlife habitats; (5) performing any work to create and maintain facilities for ingress and egress for public use of any area under said commissioner's control; (6) regulating hunting seasons and bag limits for all harvestable wildlife species within Connecticut; (7) managing public hunting and wildlife recreational opportunities on state-owned, state-leased, permit-required areas and cooperative wildlife management areas; and (8) conducting, with volunteer assistance, conservation education and safety programs to promote safe and ethical hunting practices. Said commissioner may expend from federal aid funds necessary moneys for supplies, materials, equipment, temporary personal services and contractual services to carry out the provisions of this section. Any utilization of such powers by the commissioner shall be documented and subject to disclosure pursuant to the Freedom of Information Act. Such documentation shall include, but not be limited to: An explanation of the need for such use, the duration of such use, a description of the power used, the location where such power was used, the names of the persons or entities that may take animals pursuant to the plan, any conditions of the plan, the methods used under the plan and any species taken under the plan.

      (1955, S. 2480d; 1959, P.A. 398, S. 11; 1971, P.A. 872, S. 264; P.A. 03-192, S. 10.)

      History: 1959 act deleted references to expenditures from game fund; 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 03-192 replaced former provisions re installations, facilities and structures with Subdivs. (1) to (8) re wildlife management practices that commissioner may engage in and provided that utilization of such powers shall be documented and subject to disclosure under the Freedom of Information Act.

      See Sec. 26-99 re establishment of fish and game refuges.

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      Sec. 26-70. Regulation of hunting of wild birds, wild mammals, reptiles, amphibians and invertebrates. Permit for administration of chemical or biological substance to free-ranging wildlife. Requirements. (a) No person shall hunt, take, attempt to hunt or take, or assist in hunting or taking, or assist in an attempt to hunt or take, from the wild, any wild bird, wild mammal, reptile, amphibian or invertebrate except as authorized under the provisions of this chapter and the regulations issued by the commissioner. Each wild bird, wild mammal, reptile, amphibian or invertebrate killed, wounded, taken or possessed contrary to any provision hereof shall constitute a separate offense.

      (b) No person may administer any chemical or biological substance, including, but not limited to, drugs, pesticides, vaccines or immunocontraceptives or make any physical alteration or affix any device to any free-ranging wildlife without first obtaining a permit from the commissioner. The applicant for such permit shall (1) first obtain any necessary federal permits, and (2) provide to the commissioner a written proposal describing the chemical or biological substance application, physical alteration or device attachment protocol, the credentials of each person who will administer the procedure, the purpose or intent of the procedure and an assessment of any resulting physiological, behavioral and environmental impacts. No state permit is required for wildlife management programs of the department performed in accordance with professional wildlife management principles.

      (1955, S. 2481d; 1971, P.A. 872, S. 265; P.A. 85-53, S. 8; P.A. 03-192, S. 5.)

      History: 1971 act substituted reference to environmental protection commissioner for reference to board of fisheries and game; P.A. 85-53 applied provisions of section to reptiles or amphibians; P.A. 03-192 designated existing provisions as Subsec. (a) and amended said Subsec. by replacing references to wild game birds with references to wild birds, replacing references to wild quadrupeds with references to wild mammals and adding references to invertebrates, and added Subsec. (b) re prohibition on administering chemical or biological substance to free-ranging wildlife without a permit from commissioner.

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      Sec. 26-71. Penalty. Any person who violates any provision of sections 26-65 to 26-70, inclusive, or any regulation issued by the commissioner pursuant thereto shall be fined not more than two hundred dollars or be imprisoned not more than sixty days or both.

      (1955, S. 2482d; 1971, P.A. 872, S. 266.)

      History: 1971 act substituted reference to environmental protection commissioner for reference to board of fisheries and game.

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

      (1955, S. 2483d; 1959, P.A. 398, S. 12; 1971, P.A. 872, S. 267; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; P.A. 10-32, S. 91.)

      History: 1959 act required that proceeds from sale of forfeited traps be credited to general fund rather than to game fund; 1971 act substituted references to commissioner and department of environmental protection for references to board of fisheries and game and its director; 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. 04-189 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. 10-32 deleted references to Livestock Division and made technical changes, effective May 10, 2010.

      See Sec. 22-12b re licensing of fur breeders and issuance of special import or export permits for disease control.

      Cited. 33 CS 510.

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      Sec. 26-73. Hunting on Sunday. Sunday shall be a closed season except for the purpose of trapping under the provisions of this chapter. The possession in the open air on Sunday of any implement for hunting shall be prima facie evidence of hunting in violation of the provisions of this section. No provision of this section shall be construed so as to affect any provision of section 26-31, 26-48, 26-52 or 27-35 or apply to the use of bow and arrow for purposes other than hunting. Artificially propagated birds designated by the commissioner may be shot on Sundays on licensed private shooting preserves subject to such regulations of the commissioner as may apply to such private shooting preserves, provided permission so to shoot has been obtained from the town or towns within which such licensed private shooting preserves are located.

      (1949 Rev., S. 4887; 1949, S. 2486d; 1957, P.A. 22, S. 1; 1971, P.A. 872, S. 268.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.

      See Sec. 26-31 re instruction in handling and use of hunting weapons on Sunday.

      Applies to any game, whether protected or not, if not destroying crops; applies to private game keeper carrying gun to guard game preserve where intent to shoot other animals exists. 98 C. 712.

      Conclusion that defendant "was guilty of having in his possession in the open air on Sunday implements for hunting" did not, in view of the judgment finding the defendant guilty of violating this section, show that the defendant was found guilty of the nonexistent crime of possession rather than the actual crime of hunting. 2 Conn. Cir. Ct. 463, 464.


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      Sec. 26-74. Use of motor vehicles, snowmobiles and all-terrain vehicles in hunting. (a) No person while in a motor vehicle, snowmobile or all-terrain vehicle or by aid or use of any light or lights carried thereon or attached thereto shall hunt or take any wild bird, wild quadruped or reptile or amphibian regulated by the commissioner under this chapter. The provisions of this section shall not affect the statutes relating to jacklighting for deer.

      (b) The provisions of this section shall not apply to any person who operates or is in an all-terrain vehicle and who is a paraplegic, or who is suffering from the loss of or the loss of the use of both lower extremities, provided such person has a valid hunting license issued pursuant to this chapter and has received a permit to be issued by the Commissioner of Environmental Protection upon documentary proof that such person is a paraplegic. Such person shall not shoot or have in his possession or under his control a loaded rifle, shotgun or muzzleloader while such vehicle is in motion or such vehicle is on a public highway.

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

      (1949 Rev., S. 4889; 1955, S. 2488d; P.A. 73-223; P.A. 76-120; P.A. 85-53, S. 9.)

      History: P.A. 73-223 prohibited hunting or taking of birds or quadrupeds from snowmobiles or all-terrain vehicles; P.A. 76-120 made previous provisions Subsecs. (a) and (c) and inserted new Subsec. (b) providing exception to provisions for paraplegics; P.A. 85-53 amended Subsec. (a) to apply provisions to reptiles and amphibians.

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      Sec. 26-75. Silencer on firearms. No person shall use any silencer on any firearm when hunting.

      (1949 Rev., S. 4893.)

      See Sec. 53a-217e re negligent hunting offenses.

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      Sec. 26-76. Possession limit of game birds, wild quadrupeds, reptiles and amphibians. The possession limit for game birds, wild quadrupeds, reptiles and amphibians, during the open or closed season, shall not exceed the season limits provided by statute or by regulations made by the commissioner. Possession on the annual opening day of the open season shall be limited to the daily bag limit for any species of game bird, wild quadruped, reptile or amphibian. Possession in storage of such species on each succeeding day shall not exceed the accumulated daily bag limit for one person for any species. Possession of such species, except in storage, shall not exceed the daily bag limit for any species. The provisions of this section shall not affect possession limits established for migratory game birds by the United States Fish and Wildlife Service, licensed game and fur breeders or persons authorized to possess game birds, wild quadrupeds, reptiles or amphibians by the commissioner. Each game bird, wild quadruped, reptile or amphibian or part thereof, possessed contrary to the provisions of this section or any regulation issued by the commissioner, shall constitute a separate offense. Any person who violates any provision of this section or any regulation made by the commissioner relating to possession limits shall be fined not more than two hundred dollars or be imprisoned not more than sixty days or both.

      (1949 Rev., S. 4890; 1955, S. 2489d; 1971, P.A. 872, S. 269; P.A. 85-53, S. 10.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 85-53 applied provisions of section to reptiles and amphibians.

      See Sec. 26-58 re taxidermist's license.

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      Sec. 26-77. Taking of waterfowl in open coastal waters. The commissioner may establish and define by regulation, for the purpose of controlling waterfowl hunting, zones on either side of the lines fixed by it to distinguish open coastal waters beyond outer harbor limits where certain species of waterfowl may be taken during the open season. The area shoreward of such lines established by the commissioner and the mainland or shore shall, for the purpose of this section, be known as coastal waters within outer harbor limits and the area seaward of such lines shall be known as open coastal waters beyond outer harbor limits.

      (1949, S. 2490d; 1971, P.A. 872, S. 270.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.

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

      (1949 Rev., S. 4891; 1955, S. 2491d; 1971, P.A. 32; 872, S. 271; P.A. 85-53, S. 11.)

      History: 1971 acts stated that provisions of section do not apply to snapping turtles and substituted references to commissioner and department of environmental protection for references to board of fisheries and game and its director; P.A. 85-53 applied provisions of section to reptiles and amphibians.

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      Sec. 26-78a. Donation of game to charitable organizations. (a) As used in this section, "hunted game" means wildlife legally taken by hunting.

      (b) Hunted game may be donated to, and possessed, prepared and distributed by, a charitable or nonprofit organization which serves or distributes food without cost to poor or needy persons. Neither the state nor any of its political subdivisions shall be held liable for damages resulting from the consumption of hunted game donated under this section.

      (c) Any charitable or nonprofit organization which serves or distributes any hunted game under this section shall provide for notification to the recipients of such service or distribution that such game has not been inspected by any government agency and shall clearly and conspicuously display a sign at any location of such service or distribution which indicates the type of game being served or distributed and that such game was not required to be inspected under the Connecticut Food, Drug and Cosmetic Act. Hunted game donated pursuant to this section shall be dressed, packaged, refrigerated, dated and tagged, labeled or marked "not for sale". Such tag, label, or marking shall (1) indicate that neither the state nor any of its political subdivisions shall be liable for damages resulting from the consumption of such game donated under this section, (2) identify the person or organization donating such game, (3) identify the type of game and (4) indicate that such game was not required to be inspected under the Connecticut Food, Drug and Cosmetic Act.

      (d) Hunted game or parts thereof donated as food in compliance with this section shall not be subject to the provisions of chapter 418 and section 26-78.

      (P.A. 95-352, S. 1.)

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

      (1949 Rev., S. 5011.)

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      Sec. 26-80. Disposition of birds, quadrupeds, reptiles or amphibians illegally taken. Any bird, quadruped, reptile or amphibian, or part thereof, illegally taken or possessed, or any bird, quadruped, reptile or amphibian illegally used in the pursuit of any bird, quadruped, reptile or amphibian, shall be seized by the commissioner, any representative of the commissioner or any conservation officer, and the commissioner may, at his discretion, sell or otherwise dispose of the same. The proceeds of any such sale shall be paid to the State Treasurer to be credited to the General Fund.

      (1949 Rev., S. 4896; 1959, P.A. 398, S. 21; 1971, P.A. 872, S. 272; P.A. 85-53, S. 12.)

      History: 1959 act required that proceeds from sales be credited to general fund rather than to game fund; 1971 act replaced references to board members and the director of the board of fisheries and game with references to environmental protection commissioner and his representatives; P.A. 85-53 applied provisions of section to reptiles and amphibians.

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      Sec. 26-80a. Illegal taking of moose or bear. Suspension of hunting license. Penalties. (a) Upon the conviction of any person who takes moose or bear in violation of this part, the Commissioner of Environmental Protection shall suspend such person's hunting license for a period of not less than one year and such person shall, for a first offense, be fined not less than five hundred dollars or be imprisoned not more than ninety days or both. For a second violation, the commissioner shall suspend such person's hunting license for a period of not less than two years, and such person shall be fined not less than seven hundred fifty dollars or be imprisoned not more than one hundred twenty days, or both. For a third or subsequent offense, the commissioner shall permanently revoke such person's hunting license, and such person shall be fined not less than one thousand dollars or be imprisoned not more than one hundred eighty days, or both.

      (b) Nothing in this section shall prevent the commissioner from designating an open season on the hunting of moose and bear pursuant to this part.

      (P.A. 08-144, S. 1.)

      History: P.A. 08-144 effective June 5, 2008.

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      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.)

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      Sec. 26-81. Penalties. Any person who violates any provision of this part for which no other penalty is provided shall be fined not less than ten dollars or more than two hundred dollars or imprisoned not more than sixty days or be both fined and imprisoned.

      (1949 Rev., S. 4897; 1957, P.A. 277; P.A. 07-217, S. 123.)

      History: P.A. 07-217 made a technical change, effective July 12, 2007.

      See Sec. 53a-217e re negligent hunting offenses.

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PART V*
QUADRUPEDS

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

      Sec. 26-82. Killing of deer regulated. Damage permit. Jacklight permit. Penalties. Plan by homeowner association, municipality or nonprofit land-holding organization to take deer. (a) No person shall hunt, pursue, wound or kill any deer or sell or offer for sale or have in possession the flesh of any deer captured or killed in this state, or have in possession the flesh of any deer from any other state or country unless it is properly tagged as required by such state or country except as provided by the terms of this chapter or regulations adopted pursuant thereto, and except that any landowner or primary lessee of land owned by such landowner or the husband or wife or any lineal descendant of such landowner or lessee or any designated agent of such landowner or lessee may kill deer with a shotgun, rifle or bow and arrow provided a damage permit has first been obtained from the commissioner and such person has not been convicted for any violation of this section, section 26-85, 26-86a, 26-86b or 26-90 or subsection (b) of section 26-86a-2 of the regulations of Connecticut state agencies within three years preceding the date of application. Upon the receipt of an application, on forms provided by the commissioner and containing such information as said commissioner may require, from any landowner who has or whose primary lessee has an actual or potential gross annual income of twenty-five hundred dollars or more from the commercial cultivated production of grain, forage, fruit, vegetables, flowers, ornamental plants or Christmas trees and who is experiencing an actual or potential loss of income because of severe damage by deer, the commissioner shall issue not more than six damage permits without fee to such landowner or the primary lessee of such landowner, or the wife, husband, lineal descendant or designated agent of such landowner or lessee. The application shall be notarized and signed by all landowners or by the landowner or a lessee to whom a farmer tax exemption permit has been issued pursuant to subdivision (63) of section 12-412. Such damage permit shall be valid through October thirty-first of the year in which it is issued and may specify the hunting implement or shot size or both which shall be used to take such deer. The commissioner may at any time revoke such permit for violation of any provision of this section or for violation of any regulation pursuant thereto or upon the request of the applicant. Notwithstanding the provisions of section 26-85, the commissioner may issue a permit to any landowner or primary lessee of land owned by such landowner or the husband or wife or any lineal descendant of such landowner or lessee and to not more than three designated agents of such landowner or lessee to use a jacklight for the purpose of taking deer when it is shown, to the satisfaction of the commissioner, that such deer are causing damage which cannot be reduced during the daylight hours between sunrise and one-half hour after sunset on the land of such landowner. The commissioner may require notification as specified on such permit prior to its use. Any deer killed in accordance with the provisions of this section shall be the property of the owner of the land upon which the same has been killed, but shall not be sold, bartered, traded or offered for sale, and the person who kills any such deer shall tag and report each deer killed, as provided in section 26-86b. Upon receipt of the report required by section 26-86b, the commissioner shall issue an additional damage permit to the person making such report. Any deer killed otherwise than under the conditions provided for in this chapter or regulations adopted pursuant thereto shall remain the property of the state and may be disposed of by the commissioner at the commissioner's discretion to any state institution or may be sold and the proceeds of such sale shall be remitted to the State Treasurer, who shall apply the same to the General Fund, and no person, except the commissioner, shall retail, sell or offer for sale the whole or any part of any such deer. No person shall be a designated agent of more than one landowner or primary lessee in any calendar year. No person shall make, set or use any trap, snare, salt lick, bait or other device for the purpose of taking, injuring or killing any deer, except that deer may be taken over an attractant in areas designated by the commissioner. For the purposes of this section, an attractant means any natural or artificial substance placed, exposed, deposited, distributed or scattered that is used to attract, entice or lure deer to a specific location including, but not limited to, salt, chemicals or minerals, including their residues or any natural or artificial food, hay, grain, fruit or nuts. The commissioner may authorize any municipality, homeowner association or nonprofit land-holding organization approved by the commissioner under the provisions of this section to take deer at any time, other than Sundays, or place using any method consistent with professional wildlife management principles when a severe nuisance or ecological damage can be demonstrated to the satisfaction of the commissioner. Any such municipality, homeowner association or nonprofit land-holding organization shall submit to the commissioner, for the commissioner's review and approval, a plan that describes the extent and degree of the nuisance or ecological damage and the proposed methods of taking. Prior to the implementation of any such approved plan, the municipality, homeowner association or nonprofit land-holding organization shall provide notice of such plan to any abutting landowners of such place where the plan will be implemented. Such plan shall not authorize the use of a snare. No person shall hunt, pursue or kill deer being pursued by any dog, whether or not such dog is owned or controlled by such person, except that no person shall be guilty of a violation under this section when such a deer is struck by a motor vehicle operated by such person. No person shall use or allow any dog in such person's charge to hunt, pursue or kill deer. No permit shall be issued when in the opinion of the commissioner the public safety may be jeopardized.

      (b) Any person who violates any provision of this section shall be fined not less than two hundred dollars 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.

      (1949 Rev., S. 4898, 4901; 1949, S. 2493d; 1959, P.A. 398, S. 13; 1963, P.A. 327; 422; February, 1965, P.A. 78; 1969, P.A. 53, S. 1; 1971, P.A. 872, S. 273; P.A. 74-151, S. 2, 7; P.A. 75-192; P.A. 79-445, S. 1, 2; P.A. 80-305; P.A. 84-172; P.A. 90-167; P.A. 97-250, S. 4; P.A. 02-103, S. 34; P.A. 03-123, S. 9; 03-192, S. 6; P.A. 04-109, S. 14; 04-257, S. 44.)

      History: 1959 act required that proceeds from sale of illegally seized deer be deposited in general fund rather than game fund; 1963 acts clarified definition of "regular employee" by specifying employees "for wages to perform agricultural, management or maintenance duties on the property for which a permit is issued", by specifying that twelve-month employment period is "prior to killing any deer", and prohibited taking more than one deer in any year without board's authorization; 1965 act prohibited hunting, pursuing or killing deer which is being pursued by a dog, but exempted persons who strike a deer with a motor vehicle from consideration as violators of provisions; 1969 act excluded references to lessees throughout section, made deer killed except as allowed under "chapter" rather than "section" property of the state; 1971 act replaced references to board of fisheries and game and its director with references to environmental protection commissioner; P.A. 74-151 deleted provisions defining "regular employee" and authorizing such employees to kill deer, referring instead to designated agents of landowners, added provisions re specific crop protection permits, deleted provision which had allowed use of bow and arrow and replaced previous reporting procedure with requirement that kills be tagged and reported as provided in Sec. 26-86b; P.A. 75-192 allowed issuance of three permits rather than one, reducing from two to one the number of kills allowed per permit and set duration of permit at four months rather than one year; P.A. 79-445 changed landowner's qualifications for permit from ownership of ten or more acres used for agricultural purposes to landowners with actual or potential loss of $500 or more from cultivated products, increased number of permits allowed to each landowner from three to six, restored original expiration date of December thirty-first, authorized commissioner to specify weapon or shot size to be used, deleted commissioner's power to allow taking more than one deer with a permit, allowed landowner to designate up to three agents rather than one, authorized issuance of additional permit after commissioner receives required report, prohibited agents from serving more than one landowner in a year and forbade use of bait to take deer; P.A. 80-305 added Subsec. (b) re penalties for violation of provisions; P.A. 84-172 amended Subsec. (a) to make a primary lessee eligible for a damage permit, to eliminate the restriction on the number of deer that may be taken under a permit and to make a primary lessee, husband or wife or lineal descendant of the landowner or lessee eligible for a jacklight permit, inserted new Subsec. (b) authorizing damage permits where no commercial damage occurs and relettered the remaining Subsec. accordingly; P.A. 90-167 amended Subsec. (a) to prohibit possessing the flesh of deer from another state or country unless it is properly tagged, prohibited persons who are convicted of violating certain statutes from killing deer pursuant to a damage permit, substituted "twenty-five hundred" for "five hundred", required that all landowners or the landowner or lessee holding a farmer tax exemption permit sign the application, substituted "October thirty-first" for "December thirty-first", required a showing that damage cannot be reduced during the daylight hours, authorized the commissioner to require notification as specified on the permit, deleted Subsec. (b) re damage permits where no commercial damage occurs and relettered the remaining Subsec. accordingly; P.A. 97-250 amended Subsec. (a) to allow taking of deer under this section with bow and arrow by persons holding deer damage permits; P.A. 02-103 made technical changes in Subsec. (a); P.A. 03-123 made a technical change in Subsec. (a), effective June 26, 2003; P.A. 03-192 amended Subsec. (a) by replacing reference to violation of Sec. 26-82 with reference to violation of "this section" and adding provisions re the taking of deer over an attractant in areas designated by the commissioner and plans by municipalities, homeowner associations and nonprofit land-holding organizations to take deer when such plan is approved by the commissioner and notice to abutting landowners is provided; P.A. 04-109 made a technical change in Subsec. (a), effective May 21, 2004; P.A. 04-257 made technical changes in Subsec. (b), effective June 14, 2004

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      Sec. 26-82a. Private land revolver permit to hunt deer. Requirements. The commissioner shall issue, upon payment of a five-dollar fee, to the owner of ten or more acres of private land or a resident of this state, who has the consent of the owner of ten or more acres of private land, a private land revolver permit that allows the use of a revolver, as defined in section 29-27, to hunt deer from November first to December thirty-first, inclusive, pursuant to the bag limit established for a private land deer permit under subsection (a) of section 26-86a. Any person authorized to hunt deer by revolver pursuant to this section shall use a cartridge of .357 caliber or larger for such purpose.

      (P.A. 10-99, S. 1.)

      History: P.A. 10-99 effective June 2, 2010.

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      Secs. 26-83 and 26-84. Permits to hunt deer. Fee for permit to kill deer. Sections 26-83 and 26-84 are repealed.

      (1949 Rev., S. 4899, 4900; 1949, S. 2494d; 1951, S. 2494d, 2495d; 1963, P.A. 228; 231; 326; 1969, P.A. 53, S. 2, 3; 1971, P.A. 872, S. 274; P.A. 74-151, S. 6, 7.)

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

      (1949 Rev., S. 4902; 1949, 1951, 1953, 1955, S. 2496d; 1959, P.A. 398, S. 14; 1971, P.A. 872, S. 275; P.A. 77-614, S. 135, 610.)

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

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      Sec. 26-86. Deer, moose or black bear killed or wounded by motor vehicle. Any deer, moose or black bear killed or seriously wounded as the result of a collision with a motor vehicle may, after inspection of such deer, moose or black bear by the local police authorities, state police or conservation officer and after issuance of a copy of a wildlife kill incident report, become the property of the operator of such motor vehicle or any other person if such operator declines possession.

      (1949 Rev., S. 4903; P.A. 83-191, S. 5, 9; P.A. 87-31; P.A. 06-4, S. 1.)

      History: P.A. 83-191 deleted requirement that kill be made while vehicle is being "legally operated upon the public highway" and required retention of a copy of a deer kill report for the legal possession of deer taken by a motor vehicle; P.A. 87-31 authorized possession by the operator or any other person where previously possession was limited to the owner of the vehicle; P.A. 06-4 added moose and black bear and changed deer kill incident report to wildlife kill incident report.

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      Sec. 26-86a. Game management. Deer hunting; permitted weapons, locations, bag limits. Consent forms; permits, selection process. (a) The commissioner shall establish by regulation adopted in accordance with the provisions of chapter 54 standards for deer management, and methods, regulated areas, bag limits, seasons and permit eligibility for hunting deer with bow and arrow, muzzleloader and shotgun, except that no such hunting shall be permitted on Sunday. No person shall hunt, pursue, wound or kill deer with a firearm without first obtaining a deer permit from the commissioner in addition to the license required by section 26-27. Application for such permit shall be made on forms furnished by the commissioner and containing such information as he may require. Such permit shall be of a design prescribed by the commissioner, shall contain such information and conditions as the commissioner may require, and may be revoked for violation of any provision of this chapter or regulations adopted pursuant thereto. As used in this section, "muzzleloader" means a rifle or shotgun of at least forty-five caliber, incapable of firing a self-contained cartridge, which uses powder, 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 nineteen dollars for residents of the state and sixty-eight 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 this section and section 26-86c.

      (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; P.A. 10-3, S. 48.)

      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; P.A. 10-3 amended Subsec. (a) by reducing fee for residents from $28 to $19 and for nonresidents from $100 to $68 and by making a technical change, effective April 14, 2010.

      See Sec. 26-66(22) re the wearing of fluorescent orange clothing.

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      Sec. 26-86b. Tags. Report of kill. The commissioner shall issue tags to be attached to the carcass of any deer killed under the provisions of sections 26-82 and 26-86a to 26-86c, inclusive, which tag shall be immediately attached to such deer and remain affixed until such carcass is dressed and butchered and packaged for consumption. Each person so taking deer shall, within twenty-four hours, report such kill to the commissioner on a form furnished by him.

      (1959, P.A. 227, S. 3; 1971, P.A. 872, S. 277; P.A. 74-151, S. 4, 7.)

      History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 74-151 added reference to Sec. 26-86 and required that tags remain affixed until carcass is packaged for consumption; (Revisor's note: In 1993 an obsolete reference to repealed Sec. 26-86d was replaced editorially by the Revisors with reference to Sec. 26-86c).

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      Sec. 26-86c. Permits to hunt deer and small game with bow and arrow. Fees. Applications. Education course requirement. No person may hunt deer or small game with a bow and arrow under the provisions of this chapter without a valid permit issued by the Commissioner of Environmental Protection pursuant to this section or section 26-86a for persons hunting deer with bow and arrow under private land deer permits issued free to qualifying landowners, 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 forty-one dollars for residents and one hundred thirty-five dollars for nonresidents, or nineteen 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; P.A. 10-3, S. 49.)

      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; P.A. 10-3 reduced fee for residents from $60 to $41, for nonresidents from $200 to $135 and for persons 12 or older but under 16 from $26 to $19, effective April 14, 2010.

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      Sec. 26-86d. Penalty. Section 26-86d is repealed.

      (1959, P.A. 227, S. 7; P.A. 78-135, S. 3.)

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      Sec. 26-86e. Regulation of hunting of doe deer. The Commissioner of Environmental Protection may issue regulations prohibiting the hunting, wounding, killing or possession of doe deer on a state-wide, county or described-area basis, when he finds such action necessary to preserve reasonably adequate breeding stock.

      (1963, P.A. 229; 1971, P.A. 872, S. 279.)

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

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      Sec. 26-86f. Hunting of fawn deer prohibited. No person shall hunt, wound, kill or remove from the wild any fawn deer at any time, except that such deer found wounded or injured may, with due care, be removed from the wild for the purpose of having the wounds or injuries treated, and all such deer shall, within twenty-four hours after such removal, be turned over to a representative of the Department of Environmental Protection for such disposition as shall be determined by the commissioner.

      (1963, P.A. 230; 1971, P.A. 872, S. 280.)

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

      Term "fawn deer" applies only to a deer that retains a spotted coat. Section is a penal statute and this is constitutional interpretation consistent with legislative intent. 63 CA 207.

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      Sec. 26-87. Taking rabbits by use of ferrets. Authorization. Penalties. The commissioner may authorize the commissioner's conservation officers or other agents to take rabbits by the use of ferrets for the purpose of restocking and redistribution. Any person who takes any rabbit by the use of a ferret, except as authorized in this section, shall be fined not less than ten dollars or more than fifty dollars or imprisoned not more than thirty days or be both fined and imprisoned, and the possession of each rabbit taken by the use of a ferret, except as so authorized, shall constitute a separate offense.

      (1949 Rev., S. 4906; 1971, P.A. 872, S. 281; P.A. 07-217, S. 124.)

      History: 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner; P.A. 07-217 made technical changes, effective July 12, 2007.

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

      (1949 Rev., S. 4907.)

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

      (1949 Rev., S. 4909.)

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      Sec. 26-90. False statement, penalty. General penalty. (a) No person shall make any material false statement or sign the name of another when making application for any permit authorized under any provision of this part nor shall any person make any material false statement or sign the name of another when reporting the killing of any deer as required under the provisions of this part. Any person who makes any material false statement or signs the name of another when reporting the killing of any deer or when making application for any permit authorized under any provision of this part, whether or not such permit is issued, shall be deemed to have committed such offense in the town listed as the town of killing on the deer-killing report or the town listed on the application form as being the town in which the property is located or, if such property is listed as being located in more than one town, criminal jurisdiction may be taken in any such town.

      (b) Any person who violates any provision of this part, or any regulation issued by the commissioner pursuant thereto, for which no other penalty is provided shall be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned not more than sixty days or be both fined and imprisoned, and the possession of each quadruped or part thereof taken in violation of any such provision shall be a separate offense. Any firearm, shell, cartridge and any other weapon and any other device used, or intended to be used, and found by the trial court to have been in the possession of any person charged with a violation of this section or any provision of section 26-82 or section 26-86a, when such person is convicted, or upon the forfeiture of any bond taken upon any such complaint, shall be ordered by the trial court to be forfeited to the state and all such articles shall, by order of said court, be turned over to the commissioner and may be retained for use by the department or assigned by the commissioner to any other state agency, may be sold by the Commissioner of Administrative Services at the request of the commissioner or may be destroyed at the discretion of the commissioner. All money collected as a result of any such sale shall be transmitted to the State Treasurer and by him be deposited to the General Fund.

      (1949 Rev., S. 4910; 1953, S. 2500d; 1957, P.A. 205; 1959, P.A. 398, S. 15; 1971, P.A. 872, S. 282; P.A. 74-338, S. 56, 94; P.A. 75-567, S. 22, 80; P.A. 77-614, S. 135, 610; P.A. 78-135, S. 2.)

      History: 1959 act required that moneys from sale of forfeited article be deposited in general fund rather than game fund; 1971 act replaced references to board of fisheries and game and its director with references to environmental protection department and commissioner; P.A. 74-338 deleted requirement that articles are forfeited to state "upon the nolle of any complaint upon the payment of any sum of money"; P.A. 75-567 deleted reference to repealed Secs. 26-83 and 26-84 in Subsec. (b); P.A. 77-614 replaced director of purchases of the department of finance and control with commissioner of administrative services; P.A. 78-135 added reference in Subsec. (b) to violations of Sec. 26-86a.

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PART VI*
BIRDS

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

      Sec. 26-91. Taking of migratory game birds. Plan by municipality, homeowner association or nonprofit land-holding organization to take Canada geese. (a) The closed season, daily bag limit and possession limit for migratory game birds and the methods of taking such game birds shall be at least as stringent as the closed season, daily bag limit, possession limit and methods of taking, including allowable compositions of nontoxic shot, fixed for such birds by the regulations of the United States Fish and Wildlife Service, made under the provisions of an Act of Congress Relating to Migratory Birds. Nothing in this section shall affect the right to kill or have in possession to be sold or offered for sale wild ducks, geese and brant, bred or propagated by any domestic breeder. Any person who violates any provision of this section shall be fined not more than fifty dollars or imprisoned not more than thirty days or both. The possession of each bird or part thereof shall constitute a separate offense.

      (b) The Commissioner of Environmental Protection may authorize any municipality, homeowner association or nonprofit land-holding organization approved by the commissioner under the provisions of this section to take resident Canada geese at any time, other than Sundays, or place using any method consistent with professional wildlife management principles. Any such municipality, homeowner association or nonprofit land-holding organization shall submit to the commissioner, for the commissioner's review and approval, a plan that describes the extent and degree of the nuisance or ecological damage and the proposed method of taking. Such plan shall include prohibitions against feeding of such geese and requirements that landscaping in the area is managed in a way to be less hospitable to geese, utilizing native plantings. Prior to the implementation of such plan, the municipality, homeowner association or nonprofit land-holding organization shall provide notice of such plan to abutting landowners of such place where the plan will be implemented. Such plan shall not authorize the use of a snare.

      (1949 Rev., S. 4911; P.A. 90-166, S. 2; P.A. 03-192, S. 7; P.A. 04-109, S. 15.)

      History: P.A. 90-166 authorized the closed season, bag limit and possession limit to be more stringent than the federal requirements where previously they were to be the same; P.A. 03-192 designated existing provisions as Subsec. (a), adding ", including allowable compositions of nontoxic shot," therein, and added Subsec. (b) re authority of commissioner to approve plan by municipalities, homeowner associations and nonprofit land-holding organizations to take resident Canada geese; P.A. 04-109 amended Subsec. (b) to make a technical change, effective May 21, 2004.

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      Sec. 26-92. Wild birds other than game birds protected, exception. Game birds defined. No person shall catch, kill or purchase or attempt to catch, kill or purchase, sell, offer or expose for sale or have in possession, living or dead, any wild bird other than a game bird, or purchase or attempt to purchase, sell, offer or expose for sale or have in possession any part of any such bird or of the plumage thereof except as acquired under the provisions of this chapter. For the purposes of this section, the following shall be considered game birds: The anatidae, or waterfowl, including brant, wild ducks and geese; the rallidae, or rails, including coots, gallinules and sora and other rails; the limicolae, or shore birds, including snipe and woodcock; the gallinae, including wild turkeys, grouse, prairie chickens, pheasants, partridge and quail; the corvidae, including crows. No person shall take or destroy any nest or any egg of any wild bird or game bird. No person shall possess any nest or egg of any wild or game bird. English sparrows, starlings and, when found depredating ornamental trees, agriculture crops, livestock or wildlife, or when concentrated in such numbers as to constitute a public health or public safety hazard, crows, rock doves, monk parakeets and brown-headed cowbirds shall not be included among the birds protected by this section. Any conservation officer and any other officer having authority to serve criminal process shall have the same powers relating to violations of the provisions of this section as are conferred by section 26-6.

      (1949 Rev., S. 4916; 1951, S. 2504d; 1963, P.A. 509; P.A. 78-97; P.A. 03-192, S. 8; P.A. 04-109, S. 16; P.A. 05-288, S. 118.)

      History: 1963 act deleted from list of game birds "the columbidae, including the mourning dove but excluding the street pigeon"; P.A. 78-97 forbade "attempts" to catch, kill or purchase prohibited birds and revised list, deleting "the gruidae, or cranes, including little brown, sandhill and whooping cranes", "avocets, curlews, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers", "stilts, surf birds, turnstones, willet", "yellow-legs", and "when destroying poultry, hawks" and clarified treatment of crows; P.A. 03-192 expanded exception to protection of wild bird or game bird to include crows, rock doves, monk parakeets and brown-headed cowbirds when found depredating ornamental trees, agriculture crops, livestock or wildlife or when constituting a public health or safety hazard, replaced "needlessly destroy" with "destroy" re nest or egg of wild bird or game bird and made technical and conforming changes; P.A. 04-109 made a technical change, effective May 21, 2004; P.A. 05-288 made a technical change, effective July 13, 2005.

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

      (P.A. 78-39.)

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      Sec. 26-93. Hunting of bald eagle prohibited. Disturbance of nest prohibited. Fine. No access area for bald eagle. Violation and fine or imprisonment. Any person who disturbs, hunts, takes, kills or attempts to kill any bald eagle or disturbs any active bald eagle nest shall be fined not more than one thousand dollars or imprisoned not more than thirty days or both. Any person who enters a posted no access area for a bald eagle or a posted no access area for an active bald eagle nest shall be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.

      (1949 Rev., S. 4917; P.A. 83-191, S. 6, 9; P.A. 03-192, S. 1.)

      History: P.A. 83-191 made disturbance, molestation or harassment of bald eagles subject to the penalty; P.A. 03-192 deleted "molests, harasses", added provision prohibiting disturbance of a bald eagle nest, increased fine from $100 to $1,000 re such disturbance or killing of a bald eagle and added provision re fine or imprisonment for entering a no access area.

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

      (1955, S. 2505d.)

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      Sec. 26-95. Trapping of birds. No person shall trap, net or snare any bird for which a closed season is provided or which is protected by statute, or set, bait, place or use any net, trap, snare or other device for the purpose of taking any bird. Nothing in this section shall be construed to prevent the setting of traps on poles eight or more feet from the ground for the purpose of taking predatory birds not protected by law, provided the commissioner may issue permits authorizing the taking, by such method as he determines, such birds as become a nuisance or birds that should be controlled because of the damage they do to property, poultry, domestic animals and agricultural crops. No permit shall be required under the provisions hereof by persons authorized by the United States Fish and Wildlife Service to trap birds for the purpose of banding and release provided the commissioner may require such authorized persons to obtain a permit to trap any species of bird listed as endangered, threatened or of special concern as defined in section 26-304.

      (1949 Rev., S. 4918; 1957, P.A. 339; 1971, P.A. 872, S. 283; P.A. 90-166, S. 4.)

      History: 1971 act replaced reference to director of state board of fisheries and game with reference to environmental protection commissioner; P.A. 90-166 authorized the commissioner to require persons to obtain a permit to trap any species of bird which is endangered, threatened or of special concern.

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

      (1949 Rev., S. 4919.)

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      Sec. 26-97. Killing game birds in Westport Fire District prohibited. Penalty. Any person who kills any game bird within the limits of the Westport Fire District in the town of Westport shall be fined not less than one dollar or more than fifty dollars.

      (1949 Rev., S. 5010; P.A. 07-217, S. 125.)

      History: P.A. 07-217 made a technical change, effective July 12, 2007.

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      Sec. 26-98. Penalties. Any person who violates any provision of this part, or any regulation issued by the commissioner pursuant thereto, for which no other penalty is provided, or who makes any material false statement in procuring any permit, shall be fined not less than ten dollars nor more than two hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned, and the possession of each bird or part thereof, taken or possessed in violation of any such provision, shall constitute a separate offense.

      (1949 Rev., S. 4921; 1953, S. 2506d; 1957, P.A. 272; 1971, P.A. 872, S. 284.)

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

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PART VII
FISH AND GAME REFUGES

      Sec. 26-99. Establishment of fish and game refuges. The commissioner may establish state fish and game refuges and may, in the name and for the use of the state, lease any tract of land, stream, lake, pond or part thereof in the state suitable for the propagation and preservation of fish and game and may accept any gift of any interest in any land, stream, lake, pond or part thereof or any personal property to be used for the purpose of propagating or protecting wildlife upon such conditions as may be agreed upon between the donor and the commissioner, subject to the approval of the Attorney General, concerning any condition in relation to the use of the principal of any such gift or any income therefrom, and the commissioner may exercise all of the authority of any owner of any such property for such purposes. No provision of this section shall be construed as limiting the right of the donor to exercise all of the rights incident to ownership of such property, except as such rights may be limited by the conditions of his gift.

      (1949 Rev., S. 4922; 1971, P.A. 872, S. 285.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.

      See Sec. 26-69 re wildlife management practices.

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      Sec. 26-100. Posting notices. The commissioner shall cause such notices to be posted along or near the boundary lines of fish and wildlife refuges, closed areas, management areas, fish hatcheries, fish rearing pools and fish retaining ponds forbidding entrance therein as will, in his judgment, fairly warn any unauthorized person not to enter upon such premises; but the removal or destruction of such notices after posting shall not be a defense in any prosecution under this chapter.

      (1949 Rev., S. 4923; 1971, P.A. 872, S. 286.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game.

      See Sec. 26-21 re penalty for destruction of notices posted by Environmental Protection Department or of department equipment.

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      Sec. 26-101. Wildlife refuges and closed areas. The commissioner may establish wildlife refuges, closed areas or safety zones on public lands or waters or, providing he first obtains the necessary written consent, on private lands and waters. The commissioner may close any such area, or portion of any such area, to hunting, trapping, fishing, other public use, or trespassing, when he determines such closure to be necessary for the management of any wildlife or plant species or for public safety. The commissioner shall cause notice of such closure, including the length of any such closure, to be posted near the boundary lines or near any area, or portion of any area, closed pursuant to this section. Any person who uses any area in violation of any such notice of closure shall be fined not more than two hundred dollars or be imprisoned not more than sixty days or both.

      (1955, S. 2482d, 2507d; 1971, P.A. 872, S. 287; P.A. 97-250, S. 2.)

      History: 1971 act substituted references to environmental protection commissioner for references to board of fisheries and game; P.A. 97-250 made technical and grammatical changes, added criteria for closure of areas under this section, required posting of notice of such closure and provided that the penalty under this section applies in the case of a use of an area in violation of such notice.

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      Sec. 26-102. Fish spawning areas and refuges. The commissioner may establish fish spawning areas and refuges on any waters; and he may establish closed areas and safety zones on public lands and waters and, with the consent of the owner, on private lands and waters, and close any such area to fishing and trespassing. The commissioner shall have emergency authority to declare a closed season on any species of fish threatened with undue depletion from any cause and, the provisions of section 26-116 notwithstanding, if such cause is any person, firm or corporation engaged in commercial fishing activity, the commissioner shall have the additional emergency power to establish prescribed conditions for the operation of such commercial fishing activity, or suspend or prohibit the right of such person, firm or corporation to operate within such waters for such period of time as the commissioner deems necessary. The commissioner may, if he deems it necessary, close any waters, or portions thereof, in the inland district to fishing for limited periods of time.

      (1955, S. 2508d; February, 1965, P.A. 253, S. 1; 1971, P.A. 872, S. 288.)

      History: 1965 act added provisions granting board of fisheries and game emergency power to regulate commercial fishing activity; 1971 act substituted references to environmental protection commissioner for references to state board of fisheries and game.

      See Secs. 26-116 and 26-117 re exceptions to provisions of this section and penalty for violation of provisions, respectively.

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      Sec. 26-103. Management and preservation of islands in and marshes in or bordering the Housatonic River. All islands in the Housatonic River and all marshes in or bordering the Housatonic River, extending from the mouth of the river to the upper limits of its tidal fluctuation, are set aside as wildlife habitats and shall be under the exclusive jurisdiction and control of the Commissioner of Environmental Protection. The commissioner shall have the same powers in reference to such islands and marshes as are provided in section 26-16. Such islands or marshes or such portions thereof as are recorded in private ownership shall not be included under the jurisdiction of the commissioner, but such jurisdiction shall extend to all such islands and marshes or portions thereof as are owned or as may be acquired by the state or for the use of the state pursuant to said section 26-16.

      (1955, S.A. 290; 1971, P.A. 872, S. 289.)

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

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

      (1949 Rev., S. 5008, 5009; 1971, P.A. 872, S. 290.)

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

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      Sec. 26-105. Lake Wononscopomuc sanctuary. Limited hunting. No person shall hunt, take, kill or attempt to kill any duck, goose, brant, swan or other waterfowl or shore bird or wader protected by law, resting on or flying over the waters of Lake Wononscopomuc, or kill or attempt to kill any such bird within a distance of five hundred feet from the water level of said lake except that when in the opinion of the first selectman and the conservation commission, waterfowl have reached numbers that are considered a nuisance or threaten to affect adversely the quality of the water of said lake, the chief executive officer of the town of Salisbury, acting as the issuing agent of the Department of Environmental Protection, may issue permits to hunt such waterfowl. Any person violating this section shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both. The commissioner or any agent of the department may, within the discretion of said commissioner, take and kill wild animals or birds in or above said waters which the commissioner determines to be destructive of any wildlife protected by the provisions of this chapter.

      (1953, S. 2553d; 1971, P.A. 872, S. 291; P.A. 75-325.)

      History: 1971 act replaced references to board of fisheries and game and its agents with references to environmental protection commissioner and agents of environmental protection department; P.A. 75-325 increased distance which hunters of waterfowl must be from water level of lake from 200 to 500 feet and added exception for situations where waterfowl are so numerous as to threaten lake's water quality.

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      Sec. 26-106. Milford refuge. That portion of Milford Harbor extending from Memorial Bridge to the Milford breakwater and that portion of Gulf Pond extending from land of the New York, New Haven and Hartford Railroad Company to said breakwater and that portion of the upland known as harbor side of Wilcox Park located on the east side of said Milford Harbor, comprising five acres more or less, is established as a state refuge for wildlife. The territory within the limits above described shall be subject to all provisions of the general statutes relating to state refuges for wildlife and to the regulations of the commissioner relating to such refuges.

      (1931, S.A. 54; 1947, S.A. 136; 1971, P.A. 872, S. 292.)

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

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

      (1949 Rev., S. 4924; 1971, P.A. 872, S. 293.)

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

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

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PART VIIa
CONSERVATION PROGRAM
FOR NONHARVESTED WILDLIFE

      Sec. 26-107f. Program for the conservation of nonharvested wildlife. (a) The General Assembly declares it to be the policy of the state to manage harvested and nonharvested wildlife to insure their continued participation in the ecosystem and to accord special protection to any endangered species or subspecies of wildlife indigenous to the state in order to maintain and enhance their numbers.

      (b) The Commissioner of Environmental Protection shall establish a conservation program for species not traditionally harvested which shall include provisions for the following: Resource inventory, habitat conservation, monitoring of environmental impacts, conservation of endangered and threatened species, wildlife recreation management, wildlife conservation education, private landowner assistance, urban wildlife conservation, problem animal management and scientific research, planning, administration and development.

      (P.A. 86-370, S. 1, 6.)

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      Sec. 26-107g. Citizen's Advisory Board for Nonharvested Wildlife. Membership. Duties. Section 26-107g is repealed.

      (P.A. 86-370, S. 2, 6; P.A. 95-38, S. 8.)

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      Sec. 26-107h. Annual report. On or before February first, annually, the Commissioner of Environmental Protection shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to the environment a report on the progress of the program established under section 26-107f, the purposes for which any funds allocated to said program were expended and the future of the program.

      (P.A. 86-370, S. 3, 6; P.A. 95-38, S. 3.)

      History: P.A. 95-38 deleted requirement that report respond to recommendations by board established under former Sec. 26-107g.

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      Sec. 26-107i. Sale of wildlife stamps, prints, publications and other items. Allocation revenue. The Commissioner of Environmental Protection may establish a program for the sale of wildlife stamps, prints, posters, calendars, publications or other items. Any revenue received from the sale of such goods or materials shall be deposited in the General Fund and allocated to the program established under section 26-107f.

      (P.A. 86-370, S. 4, 6; P.A. 89-351, S. 6, 11.)

      History: P.A. 89-351 made establishment of program permissive rather than mandatory and expanded scope of program to include posters, calendars, publications or other items.

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PART VIII*
SPORT FISHING

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

      Sec. 26-108. Inland waters and marine district defined. The commissioner may, after public notice and hearing, determine the location of a line across any stream flowing into Long Island Sound, Fishers Island Sound or Little Narragansett Bay, or any tributary thereof, above which line such water shall be known as "inland water" and below which line such water shall be known as the "marine district". Such notice shall be published at least twice in a newspaper having a circulation in the county within which any such stream enters either of said sounds or said bay.

      (1949 Rev., S. 4926; 1971, P.A. 872, S. 294.)

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

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      Sec. 26-109. Dividing lines between inland and marine waters in Groton, Stonington, the Niantic River and the Housatonic River. (a) The dividing line between inland water and the marine district in the towns of Groton and Stonington shall be a line five hundred feet north of U.S. Route 1 extending from the west bank of the Thames River to the Rhode Island line, northerly above which dividing line shall be known as "inland water" and southerly below which line shall be known as "the marine district". This section applies to tidal waters only and does not pertain to freshwater ponds or streams in the marine district, which ponds and streams shall be considered as inland waters.

      (b) The demarcation line between inland and marine waters of the Niantic River shall be the Golden Spur Bridge over Route 1A.

      (c) The demarcation line between inland and marine waters of the Housatonic River shall be the Merritt Parkway Bridge over the Housatonic River.

      (1957, P.A. 474; 527; 1959, P.A. 36, S. 1; P.A. 76-48.)

      History: 1959 act specified in Subsec. (a) that provisions of section apply to tidal waters only, not to fresh water ponds and streams in marine district; P.A. 76-48 added Subsec. (c) re demarcation line between inland and marine waters of the Housatonic River.

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      Sec. 26-110. Demarcation lines. The commissioner may establish a line at the outlet and inlet of any artificial or natural lake or pond, which line shall divide such lake or pond from any stream or river flowing into or out of the same. On one side of such line the provisions of this chapter relating to fishing in lakes and ponds shall apply and on the other side of such line the provisions of this chapter relating to fishing in rivers or streams shall apply, as the case may be. Such line shall be fixed by posts suitably marked as the commissioner may determine and set upon opposite banks of any such lake, pond, river or stream.

      (1949 Rev., S. 4930; 1971, P.A. 872, S. 295.)

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

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      Sec. 26-111. Regulation of fishing. In the interest of developing a sound program of sport fisheries management for all fish, including warm water, cold water and anadromous species, and all bait species, and to encourage landowner participation, and to develop public fishing in the waters of the state, the commissioner may regulate fishing and the taking of all bait species, as hereinafter provided, in any lake, pond, stream or portions thereof, and in all other waters in the inland district, as defined by the boundary lines established by the commissioner as provided for under the provisions of section 26-108.

      (1955, S. 2517d; 1957, P.A. 319; 1971, P.A. 872, S. 296.)

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

      See Secs. 26-116 and 26-117 re exceptions to provisions of this section and penalty for violation of provisions, respectively.

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      Sec. 26-112. Scope of regulations. The commissioner may, after notice and public hearing, issue regulations governing fishing for all species of fish and the taking of all bait species in the inland district, which regulations may: (1) Establish the open and closed seasons, which may be modified by decreasing or increasing the number of days on any specific species, (2) establish hours, days or periods during the open season when fishing shall not be permitted in designated waters for all or limited species, (3) prescribe the legal methods of taking, (4) establish the legal length, (5) establish the daily creel limit, the season creel limit and the possession limit, (6) restrict or prohibit wading in streams or portions thereof, fishing from boats, canoes, rafts and other floating devices and fishing from designated land areas, (7) establish the maximum number of persons, boats, canoes and other floating devices that may use any area of water for fishing, (8) require that a permit be obtained from the landowner or his agent, or from the commissioner or an agent of the department, to enter upon designated premises or areas for the purpose of fishing, and further require that such permit be returned within a specified time to the issuing authority with an accurate report of all fish taken under such permit, time spent on the area and any other data required by the commissioner for management purposes, (9) restrict or prohibit the use of any craft other than manually propelled, (10) designate areas of land and water that shall be restricted for the exclusive use of children or the physically handicapped. For the purpose of protecting public and private interests and preventing unreasonable conduct and abuses by fishermen, and to provide reasonable control of the actions and behavior of such persons, said commissioner may issue regulations and orders to (11) provide that entrance to and exit from streams, lakes and ponds shall be restricted to rights-of-way designated by posters or that consent shall be obtained from the landowner or his agent, (12) establish reasonable distances from the banks of streams, lakes and ponds beyond which fishermen shall not trespass, (13) prohibit crossing over lawns and lands under cultivation, (14) prohibit damage to property, livestock and agricultural crops, (15) prohibit swimming and picnicking in designated areas, (16) prohibit the operation or parking of vehicles on designated portions of public and private roads, parking areas, lanes, passageways, rights-of-way, fields and lots, (17) prohibit the discarding of bottles, glass, cans, paper, junk, litter and trash, (18) control the launching, anchoring, mooring, storage and abandonment of boats, trailers and related equipment on properties under the control of the commissioner.

      (1955, S. 2518d; 1957, P.A. 323, S. 1; 1971, P.A. 872, S. 297; P.A. 74-135, S. 2.)

      History: 1971 act replaced references to board of fisheries and game and its agents with references to environmental protection commissioner and agents of the environmental protection department; P.A. 74-135 deleted reference to areas exclusively for use of women in Subdiv. (10).

      See Sec. 26-102 re fish spawning areas and refuges.

      See Secs. 26-116 and 26-117 re exceptions to provisions of this section and penalty for violation of provisions, respectively.


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      Sec. 26-113. Hearings. Notice of such hearing shall be advertised in one or more newspapers having a general circulation in each of the counties of the state or in the locality where such waters are situated. Such notice shall specify the time, not less than fourteen days thereafter, the agenda and the place designated by the commissioner at which such hearing shall be held, and at which persons having an interest therein will have an opportunity to be heard. The commissioner or his designated representative shall conduct such hearing and cause a record thereof to be made. After such notice and hearing the commissioner shall issue his regulations based upon standards of sound fisheries management including the following: (a) Scientific and factual findings of a biological nature; (b) the availability of the species involved; (c) unusual weather conditions and special hazards; (d) the available supply of food and natural cover; (e) the general condition of the waters; (f) the control of the species; (g) the number of permits issued; (h) the area available; (i) the rights and privileges of sportsmen, landowners and the general public; (j) the problem of providing and perpetuating a sound program of fisheries management and a sound recreational program consistent with the availability of the species.

      (1955, S. 2519d; 1971, P.A. 872, S. 298.)

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

      See Secs. 26-116 and 26-117 re exceptions to provisions of this section and penalty for violation of provisions, respectively.

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      Sec. 26-114. Prohibited acts. No species of fish or bait shall be fished for or taken in the inland district except as authorized under the provisions of this chapter and the regulations issued by the commissioner. Any species of fish or bait taken during the closed season for such species, or less than the legal length, or in excess of the daily, season or possession limits for the species involved, shall not be possessed and all such fish or bait shall, without avoidable injury, be immediately returned to the waters from whence taken. No person shall fish, take, attempt to fish or take or assist in fishing or taking or attempting to fish or take any species of fish or bait in the inland district except as authorized under the provisions of this section. Each fish or bait species taken or possessed contrary to the provisions of this section or the regulations issued by the commissioner shall constitute a separate offense. No person shall buy, sell or exchange, offer for sale or exchange, or possess with intent to sell or exchange, any species of trout, any species of salmon specified by the commissioner, black bass, calico bass or crappie, chain pickerel (Esox niger), great northern pike (Esox lucius), or pike perch, wall-eyed pike (Stizostedion vitreum) or any bait species, except as provided under the provisions of this chapter and as authorized under regulations issued by the commissioner. Each fish or bait species sold, purchased, exchanged or possessed contrary to the provisions hereof shall constitute a separate offense.

      (1955, S. 2520d; 1957, P.A. 337; 1971, P.A. 872, S. 299.)

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

      See Secs. 26-116 and 26-117 re exceptions to provisions of this section and penalty for violation of provisions, respectively.

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      Sec. 26-114a. Purchase or sale of snakehead fish prohibited. No person shall sell or purchase any snakehead fish in the state.

      (P.A. 03-192, S. 11.)

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      Sec. 26-115. Fisheries management practices of commissioner. The Commissioner of Environmental Protection may engage in fisheries management practices and may expend from federal aid funds necessary moneys to establish, construct and maintain, on any state-owned land and water under his control and, with the consent of the owner, on private land and water, fish cultural installations and associated structures, stream and pond improvement and control structures and experimental stations, and for the creation of facilities for public use of any area under his control. Said commissioner is delegated authority to expend from federal aid funds necessary moneys for supplies, materials, equipment, temporary personal services and contractual services to carry out the provisions of sections 26-102 and 26-111 to 26-117, inclusive.

      (1955, S. 2523d; 1959, P.A. 398, S. 16; 1971, P.A. 872, S. 300; P.A. 96-180, S. 96, 166.)

      History: 1959 act deleted references to expenditures from fish fund; 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 96-180 changed "Said commissioner" to "The Commissioner of Environmental Protection", effective June 3, 1996.

      See Secs. 26-116 and 26-117 re exceptions to provisions of this section and re penalty for violation of provisions, respectively.

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      Sec. 26-116. Exceptions. The provisions of sections 26-102 and 26-111 to 26-117, inclusive, shall not apply to the taking of fish for commercial purposes and shall not affect any statute regulating fishing in any lake, pond or reservoir used for domestic water supply, nor shall any action be taken under the provisions of said sections which will unreasonably interfere with the proper management of a public water supply system.

      (1955, S. 2522d.)

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      Sec. 26-117. Fine for violation. Any person who violates any provision of sections 26-102 and 26-111 to 26-116, inclusive, or any regulation issued by the commissioner pursuant thereto shall be fined one hundred fifty-four dollars. Each fish taken or possessed contrary to said provisions or to the regulations issued by the commissioner shall constitute a separate offense.

      (1955, S. 2524d; 1971, P.A. 872, S. 301; P.A. 95-119, S. 6; P.A. 01-115, S. 1, 5.)

      History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 95-119 deleted a provision re imprisonment and set the fine at $77; P.A. 01-115 changed fine to $154, effective July 1, 2001.

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      Sec. 26-118. Fishing in reservoir. No person shall take or attempt to take any fish from the waters of any lake, pond or reservoir, which waters are used for domestic purposes, without having obtained written permission from the official having such lake, pond or reservoir under control. The provisions of this section shall not affect the provisions of part III of chapter 474.

      (1949 Rev., S. 4932.)

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      Sec. 26-119. Use of explosives or poisons. Fish shall not be taken by means of any explosive. Except for mining or mechanical purposes, no dynamite or any other explosive shall be used in any of the waters of the state or possessed upon any shore or island of any inland water thereof, and possession thereof by any person on any shore or island of any inland water shall be prima facie evidence that the same is possessed for use in violation of the provisions of this section. No person shall place in any lake, pond or stream any lime, creosote or cocculus indicus or any other drug or poison injurious to fish; provided the persons or corporations supplying water to the inhabitants of any town, city or borough may apply copper sulphate to the waters of any lake, pond or reservoir under their control within such limits as may be established by the Department of Public Health. The provisions of this section shall not affect the authority of the Commissioner of Environmental Protection to issue permits for the addition of chemicals to any inland water for the control of vegetation, fish populations or other aquatic organisms. Any person who violates any provision of this section shall be fined not more than one hundred dollars. Each fish taken or possessed in violation of any provision of this part shall constitute a separate offense.

      (1949 Rev., S. 4938; February, 1965, P.A. 271, S. 3; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-119, S. 7; 95-257, S. 12, 21, 58.)

      History: 1965 act deleted proviso which had allowed director of fisheries and game to issue permit for addition of copper sulphate to waters for controlling algae and specified that section does not affect board's authority to issue permits for "addition of chemicals to any inland water for the control of vegetation, fish populations or other aquatic organisms"; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-119 added a fine of $100 for violation of this section and specified that each fish taken in violation shall constitute a separate offense; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

      See Sec. 22a-66z re permits for use of pesticides in state waters.

      See Sec. 26-22 re measures to control aquatic plants and animals.


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      Sec. 26-120. Striped bass. Section 26-120 is repealed.

      (1949 Rev., S. 4975; 1957, P.A. 169, S. 1; 1959, P.A. 29, S. 1; P.A. 80-164, S. 4, 5.)

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      Sec. 26-121. Taking of tomcod or frost fish in Saugatuck River. Tomcod or frost fish may be taken, annually, without a license, from the Saugatuck River, between the State Street Bridge and Wood's Dam, so called, in the town of Westport, by sport fishing or spearing, between December fifteenth and January first.

      (1949 Rev., S. 4960.)

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      Sec. 26-122. Fishing through ice in Cranberry Pond, Cream Hill Lake and Lake Quonnipaug. No person shall take or attempt to take any fish through the ice in Cranberry Pond, sometimes called Manitook Lake, in the town of Granby, except on Saturdays and Sundays. No person shall take, assist in taking or attempt to take any fish through the ice from Cream Hill Lake in the town of Cornwall or from Lake Quonnipaug in the town of Guilford.

      (1949 Rev., S. 5006, 5007, 5016; 1953, S. 2548d.)

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      Sec. 26-123. Fishing through ice in Long Meadow Pond. Section 26-123 is repealed.

      (1949 Rev., S. 5012; 1963, P.A. 120.)

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      Sec. 26-124. Indian Pond. Any nonresident who holds a license to fish in the state of New York may sport fish in that portion of Indian Pond located within the town of Sharon without a license to sport fish issued pursuant to the provisions of this chapter; but such nonresident shall be subject to all other provisions of the statutes of this state relating to fishing in lakes and ponds.

      (1949 Rev., S. 5013.)

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      Sec. 26-125. Beach Pond and Killingly Pond. Any nonresident who holds a license to fish in the state of Rhode Island may sport fish in that portion of Beach Pond which is located in the town of Voluntown and of Killingly Pond which is located within the town of Killingly without a license to sport fish issued pursuant to the provisions of this chapter; but such nonresident shall be subject to all other provisions of the statutes of this state relating to fishing in lakes and ponds.

      (1949 Rev., S. 5014.)

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      Sec. 26-126. Disposition of fish illegally taken. Any fish or crustacean, or part thereof, illegally taken or possessed shall be seized by the commissioner, any authorized employee of the department or any conservation officer, and the commissioner may, at his discretion, sell or otherwise dispose of the same. The proceeds of any such sale shall be paid to the State Treasurer and applied by him to the General Fund.

      (1949 Rev., S. 4896; 1959, P.A. 398, S. 23; 1971, P.A. 872, S. 302.)

      History: 1959 act required that proceeds from sale of illegally taken fish or crustaceans be deposited in general fund rather than in fish fund; 1971 act replaced references to members and director of board of fisheries and game with references to environmental protection commissioner and employees of environmental protection department.

      Cited. 9 CA 228.

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      Sec. 26-127. Conservation of bait species. Any person who transports out of this state any bait species taken from any of the waters of this state or who takes, assists in taking or attempts to take any bait species from any such waters for the purpose of transporting the same out of the state shall be fined not less than fifty dollars nor more than two hundred dollars or imprisoned not more than thirty days or both; but no provision hereof shall prevent the exportation of bait species propagated and grown in private waters registered with the board as such or in licensed commercial hatcheries.

      (1949 Rev., S. 4937; 1957, P.A. 278, S. 1.)

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      Sec. 26-128. Carp and goldfish. No person shall sell, offer for sale, transport, transfer, possess or use any carp or goldfish for bait fish purposes. No person shall introduce any carp or goldfish into any of the inland waters of the state without first having secured a written permit from the commissioner. Any person who violates any provision of this section shall be fined one hundred dollars.

      (1951, S. 2513d; 1971, P.A. 872, S. 303; P.A. 95-119, S. 8.)

      History: 1971 act replaced reference to director of board of fisheries and game with reference to environmental protection commissioner; P.A. 95-119 deleted provision re imprisonment for violation of section.

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      Sec. 26-128a. Taking of glass eels, elver eels and silver eels prohibited. Penalty. No person shall take or attempt to take any elver eel, glass eel or silver eel from the waters of the state. Any person who violates the provisions of this section shall be fined not more than two hundred fifty dollars.

      (P.A. 02-50, S. 1.)

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      Sec. 26-129. Forfeiture of fishing tackle. Any boat, seine, net, spear, torch, fishing tackle or other implement used in taking or catching fish or crustaceans in violation of any provision of this chapter or any regulation issued by the commissioner shall be forfeited and may be seized by the commissioner, or any authorized agent of the department, any conservation officer or any other officer authorized to make arrests, and, upon complaint alleging that any such implement was being used in violation of any such provision, the court may order such boat, seine, net, spear, torch, fishing tackle or other implement to be forfeited to the state and delivered to the commissioner to be sold or destroyed within his discretion. If sold, the proceeds of such sale shall be paid by him to the State Treasurer to be credited to the General Fund. The person using or in charge of any boat, seine, net, spear, torch, fishing tackle or other implement used in violation of any such provision may be considered the owner thereof for the purpose of any complaint brought to procure condemnation or forfeiture of any such implement, when the owner is unknown to the informer or prosecuting officer. An appeal may be taken by any party aggrieved, from any judgment upon any such complaint, within fifteen days, to a return day of the superior court in the judicial district in which judgment was rendered, which shall be not less than twelve or more than thirty days after the service thereof, provided the party appealing shall give sufficient bond, with surety for costs, to the adverse party; and the appellate court may proceed in the disposition of such cause in the same manner as in any in rem proceeding.

      (1949 Rev., S. 4939; 1957, P.A. 223; 1959, P.A. 398, S. 22; 1971, P.A. 179, S. 19; 872, S. 304; P.A. 76-436, S. 601, 681; P.A. 82-472, S. 102, 183.)

      History: 1959 act required that proceeds from sale of forfeited implements be credited to general fund rather than to fish fund; 1971 acts changed time for taking appeal from the next or "next but one" return date to a day between 12 and 30 days after service and required that appeal be made within 15 days after judgment, and replaced references to board of fisheries and game, its members and its director with references to commissioner and department of environmental protection and department agents; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 82-472 eliminated obsolete reference to the "county" in which judgment was rendered in the provision concerning appeals.

      This section upheld and various points discussed. 90 C. 584. Cited. 37 C. 320. Cited. 79 C. 701. Cited 318 U.S. 151.

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      Sec. 26-130. Sale of fish for stocking; sale of fish management commodities; sale of trout eggs. No fish shall be furnished by the state for stocking any stream, river, pond or lake from which the taking of fish is prohibited by the owner or lessee; provided, if the state, in the opinion of the commissioner, has on hand at any time more fish than are required in any season for stocking streams, rivers, ponds or lakes from which the taking of fish is not prohibited, the commissioner may sell such surplus fish, or such fish as exceed hatchery rearing capacity, at the cost of such fish as estimated by him, to any person in the state for use for stocking any stream, river, pond or lake in the state, whether or not such water is open to public fishing. To encourage landowners to engage in fish management practices in waters over which they have control, the commissioner is authorized to sell to such landowners from stock on hand in the department, at a cost to be estimated by him, fish foods, chemicals and compounds used in fisheries management, lake and pond bottom contour maps and related incidental commodities. If the state, in the opinion of the commissioner, has on hand surplus, disease-free fish or fish eggs which exceed hatchery capacity, the commissioner may sell such surplus fish or fish eggs to commercial hatcheries, at a cost estimated by him to be competitive with the cost of such fish or fish eggs if purchased from commercial hatcheries. The proceeds of each such sale shall be remitted to the State Treasurer and shall be applied to the General Fund.

      (1949 Rev., S. 4927; 1957, P.A. 281, S. 1; 1959, P.A. 398, S. 17; 1971, P.A. 872, S. 305; P.A. 79-50; P.A. 90-166, S. 1.)

      History: 1959 act required that proceeds from sale of listed fish management materials be deposited in general fund rather than in fish fund; 1971 act replaced references to board of fisheries and game and its director with references to environmental protection department and commissioner; P.A. 79-50 authorized sale of surplus trout eggs by commissioner; P.A. 90-166 authorized sale of surplus fish or fish eggs where previously only "trout eggs" could be sold and deleted the requirement that the sale be made to hatcheries only in the state.

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      Sec. 26-131. Registration of private waters. Taking of fish without license. Any owner of private waters who desires to remove fish from such waters as provided for in this section shall apply to the commissioner for a certificate of registration of such private waters on a form furnished by the commissioner. Such applicant shall furnish the commissioner such information, under oath, as he deems necessary to carry out the provisions of this section. There shall be a fee of seventy dollars for the examination and permanent registration of such private waters by the commissioner. Any owner of private waters which have been so registered may take, or permit guests to take, any species of fish from such waters at any season of the year, without a license, provided such waters have not been stocked at expense to the state and provided the commissioner may make regulations governing and prescribing the methods of taking such fish and the conditions under which such fish may be removed from the premises, possessed and transported. The owner of such registered waters shall notify the commissioner in writing, within forty-eight hours, of any change in ownership or other conditions which would invalidate the registration of such water as private waters under the provisions of this section. Any person who holds such a certificate of registration and who violates any provision of this section or any regulation issued by the commissioner as herein authorized shall be fined not more than two hundred dollars and the commissioner may suspend or revoke such certificate.

      (1949 Rev., S. 4940; 1955, S. 2516d; 1959, P.A. 398, S. 18; 1971, P.A. 872, S. 306; Nov. Sp. Sess. P.A. 91-3, S. 18, 21; May 9 Sp. Sess. P.A. 02-1, S. 100.)

      History: 1959 act required that fees be credited to general fund rather than to fish fund; 1971 act replaced references to board of fisheries and game and its director with references to environmental protection commissioner; Nov. Sp. Sess. P.A. 91-3 amended section to increase the fee for the registration of private waters under this section from $5 to $50, to make such registration permanent and to delete a requirement that all moneys received by the state therefor be deposited in the general fund; May 9 Sp. Sess. P.A. 02-1 increased examination and registration fee from $50 to $70, effective January 1, 2003.

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      Sec. 26-132. Privately stocked waters. Upon request by any association owning or controlling the fishing rights in any stream or pond the waters of which are stocked with fish by such association at no expense to the state, the commissioner may prescribe, by written regulation, the open and closed seasons, the daily creel and season limits and the legal length for all species of fish taken from such waters, provided no public interest in such waters shall be thereby adversely affected and provided no weir, dam or other obstruction shall be erected for the purpose of stopping the free passage of fish up or down stream. Any person who violates any such regulation shall be fined not more than one hundred dollars and the commissioner may revoke or suspend any license issued by the commissioner to such person.

      (1949 Rev., S. 4852; 1971, P.A. 872, S. 307.)

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

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      Sec. 26-133. Stocking with different species of fish. Section 26-133 is repealed.

      (1949 Rev., S. 5000; 1955, S. 2545d; 1971, P.A. 872, S. 308; P.A. 83-191, S. 8, 9.)

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      Sec. 26-134. Obstructing streams. No person shall, unless authorized by the commissioner, prevent the passing of fish in any stream or through the outlet or inlet of any pond or stream by means of any rack, screen, weir or other obstruction or fail, within ten days after service upon him of a copy of an order issued by the commissioner, to remove such obstruction.

      (1949 Rev., S. 5001; 1971, P.A. 872, S. 309.)

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

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      Sec. 26-135. Pond weirs and nets. The proprietor of any private pond or lake, and the selectmen of any town in which any pond or lake is situated, or the selectmen of the towns surrounding any lake or pond located in more than one town, may, when any such pond or lake has been stocked by the commissioner with bass, landlocked salmon or any other fish not natural to such waters, construct or authorize the construction of weirs or nets to prevent the escape of any such fish and to prevent any such fish from getting into any flume or mill race and being injured or destroyed by any machinery or chemical; provided, when the water of any such pond or lake is used for manufacturing or any other purpose, any such weir or net shall be so constructed and kept clear from obstruction that it shall not interfere with the full passage of water.

      (1949 Rev., S. 5002; 1971, P.A. 872, S. 310.)

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

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      Sec. 26-136. Fishways. (a) Upon petition of ten or more persons owning property above any dam or artificial obstruction existing on October 1, 1982, built upon any stream, the commissioner shall determine whether such dam or artificial obstruction shall be provided by the person, firm, corporation or municipality or political subdivision thereof, owning or controlling the dam or obstruction with a suitable fishway for the passage of fish. Upon receipt of an application for a permit to construct, rebuild or substantially repair a dam or artificial obstruction built upon any stream, the commissioner shall require the dam or artificial obstruction be provided with a fishway if such a facility is necessary to protect fisheries resources by providing access to natural spawning or nursery areas or to protect the public interest by preventing the loss of a fishery from the area of the dam or artificial obstruction. For the purposes of this section, "rebuild" or "substantially repair" means any action altering the structure of the dam or artificial obstruction, changing the use of the dam or artificial obstruction or impeding the available free passage of fish.

      (b) Within thirty days from the receipt of such petition or application, the commissioner shall set a time and place for a hearing thereon, if in the opinion of the commissioner a hearing is reasonable or necessary.

      (c) Upon determination that a fishway is necessary, the commissioner shall issue an order to the person, firm, corporation or municipality or political subdivision thereof owning or controlling the dam or obstruction to construct a fishway in the form, material, capacity, at such location and within such time as the commissioner establishes. The commissioner shall cause a copy of the order to be served on the person, firm, corporation or municipality or political subdivision thereof. Such fishway shall be constructed and maintained subject to the approval of the commissioner, and shall be kept open and free for the passage of such fish in such manner and during such period as the commissioner requires. If no such period is specified by the commissioner, it shall be kept open and free from April first to November first in each year.

      (1949 Rev., S. 5003; 1971, P.A. 872, S. 311; P.A. 82-134, S. 1.)

      History: 1971 act replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 82-134 divided section into Subsecs., amended Subsec. (a) to authorize the commissioner to require fishways as part of the construction, rebuilding or substantial repair of dams if necessary to protect fisheries resources, amended Subsec. (b) with technical revisions required by the changes in Subsec. (a) and amended Subsec. (c) to authorize the commissioner to issue specifications for the dam.

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      Sec. 26-137. Fishing near fishways. No person shall take or attempt to take any fish, with the exception of lamprey eels during the open season for the same, within two hundred fifty feet of any fishway, except that the commissioner when he deems necessary may extend or reduce such distance and shall indicate such other distance by posting.

      (1949 Rev., S. 5004; P.A. 83-191, S. 7, 9.)

      History: P.A. 83-191 prohibited the taking of fish within 250 feet of any fishway where previously prohibition extended to 500 feet below fishways, eliminated exception for sport fishing and authorized the commissioner to establish another distance if appropriate.

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      Sec. 26-138. Draining for taking fish. No person, firm, corporation or municipality or political subdivision thereof shall intentionally drain the water from any stream, lake, pond, reservoir or other impoundment for the purpose of taking fish therefrom or shall so drain such water for any other purpose to the point where the life of fish therein is endangered unless notice has been given to the commissioner at least forty-eight hours before such draining commences and in each such case representatives of the department shall be permitted to enter upon such property to determine whether the removal or salvage of fish would be necessary, and to carry out such operations.

      (1949 Rev., S. 5005; 1955, S. 2546d; 1971, P.A. 872, S. 312.)

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

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      Sec. 26-139. Responsibility for draining. Penalty. The person who has authority to issue an order directing the draining of any such waters shall, for the purpose of section 26-138, be deemed to be responsible for such act if such draining takes place and the name and title of such person shall, upon the request of said commissioner, be registered with said commissioner by the secretary, or other proper officer, of any such firm, corporation, municipality or political subdivision. Any person who violates any provision of this section or section 26-138 shall be fined not more than two hundred dollars.

      (1949 Rev., S. 5005; 1955, S. 2546d; 1971, P.A. 872, S. 313.)

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

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      Sec. 26-140. Fishing rights in stream crossing highway. Notwithstanding any taking or purchase made or to be made for highway purposes by the commissioner of transportation, the fishing rights in any flowing stream crossing such highway shall run with the land of the abutting owner, condemnee or grantor, as the case may be, unless just compensation for such fishing rights has been determined and paid and the deed or instrument conveying title expressly transferred such rights. The commissioner may, by regulations adopted in accordance with the provisions of chapter 54, prohibit, regulate or curtail the exercise of such rights by any such owner from any bridge under the control of said commissioner.

      (1957, P.A. 209, S. 1; 1969, P.A. 768, S. 258; P.A. 82-472, S. 103, 183.)

      History: 1969 act substituted commissioner of transportation for highway commissioner; P.A. 82-472 provided that the commissioner may adopt regulations in accordance with chapter 54 and eliminated a reference to repealed sections 4-41 to 4-50, inclusive.

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      Sec. 26-141. Fine for violation. Any person who violates any provision of this part for the violation of which no other penalty is provided shall be fined two hundred fifty dollars. Each fish taken or possessed in violation of any provision of this part shall constitute a separate offense.

      (1949 Rev., S. 4941, 5009; P.A. 95-119, S. 9; P.A. 01-115, S. 2, 5; P.A. 02-50, S. 2.)

      History: P.A. 95-119 deleted provision re imprisonment and provided for a fine of $77; P.A. 01-115 changed fine to $154, effective July 1, 2001; P.A. 02-50 increased fine to $250.

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      Sec. 26-141a. Standards for flow of water in rivers or streams. Whenever any dam or other structure is maintained in this state which impounds, or diverts, the waters of a river or stream or which dam or other structure affects the flow of water in such a river or stream, the Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, setting forth standards concerning the flow of such water in accordance with section 26-141b.

      (1971, P.A. 229, S. 1; 872, S. 441; P.A. 05-142, S. 1.)

      History: Later 1971 act replaced state board of fisheries and game and water resources commission with commissioner of environmental protection; P.A. 05-142 removed references to stocked rivers or streams and made technical changes.

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      Sec. 26-141b. Adoption of regulations establishing flow standards for rivers and streams. Procedure. The Commissioner of Environmental Protection shall, on or before December 31, 2006, and after consultation and cooperation with the Department of Public Health, the Department of Public Utility Control, an advisory group convened by the Commissioner of Environmental Protection, and any other agency, board or commission of the state with which said commissioner shall deem it advisable to consult and after recognizing and providing for the needs and requirements of public health, flood control, industry, public utilities, water supply, public safety, agriculture and other lawful uses of such waters and further recognizing and providing for stream and river ecology, the requirements of natural aquatic life, natural wildlife and public recreation, and after considering the natural flow of water into an impoundment or diversion, and being reasonably consistent therewith, shall adopt regulations, in accordance with the provisions of chapter 54, establishing flow regulations for all river and stream systems. Such flow regulations shall: (1) Apply to all river and stream systems within this state; (2) preserve and protect the natural aquatic life, including anadromous fish, contained within such waters; (3) preserve and protect the natural and stocked wildlife dependent upon the flow of such water; (4) promote and protect the usage of such water for public recreation; (5) be based, to the maximum extent practicable, on natural variation of flows and water levels while providing for the needs and requirements of public health, flood control, industry, public utilities, water supply, public safety, agriculture and other lawful uses of such waters; and (6) be based on the best available science, including, but not limited to, natural aquatic habitat, biota, subregional basin boundaries, areas of stratified drift, stream gages and flow data, locations of registered, permitted, and proposed diversions and withdrawal data reported pursuant to section 22a-368a, locations where any dams or other structures impound or divert the waters of a river or stream and any release made therefrom, and any other data for developing such regulations or individual management plans. Such flow regulations may provide special conditions or exemptions including, but not limited to, an extreme economic hardship or other circumstance, an agricultural diversion, a water quality certification related to a license issued by the Federal Energy Regulatory Commission or as necessary to allow a public water system, as defined in subsection (a) of section 25-33d, to comply with the obligations of such system as set forth in the regulations of Connecticut state agencies. Any flow management plan contained in a resolution, agreement or stipulated judgment to which the state, acting through the Commissioner of Environmental Protection, is a party, or the management plan developed pursuant to section 3 of public act 00-152*, is exempt from any such flow regulations. Flow regulations that were adopted pursuant to this section and sections 26-141a and 26-141c prior to October 1, 2005, shall remain in effect until the Commissioner of Environmental Protection adopts new regulations pursuant to this section.

      (1971, P.A. 229, S. 2; 872, S. 442; P.A. 75-486, S. 59, 69; P.A. 77-614, S. 162, 323, 610; P.A. 80-482, S. 184, 348; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 05-142, S. 2.)

      *Note: Section 3 of public act 00-152 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.


      History: Later 1971 act replaced state board of fisheries and game and water resources commission with commissioner of environmental protection; P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced public utilities control authority with division of public utility control within the department of business regulation and replaced department of health with department of health services, effective January 1, 1979; P.A. 80-482 made division of public utility control an independent department and deleted reference to abolished department of business regulation; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 05-142 changed deadline for adopting regulations from July 1, 1973, to December 31, 2006, required Commissioner of Environmental Protection to convene an advisory group with which to consult prior to adopting the regulations, added "public safety, agriculture and other lawful uses of such waters" to list of considerations, added "natural" re aquatic life, replaced language re 30 days' notice with reference to chapter 54, deleted references to "standards", "instantaneous minimum" and stocked rivers and streams, amended Subdiv. (5) to add requirement re regulations based on natural variation of flows and water levels, added Subdiv. (6) re regulations based on best available science, added allowance for special conditions or exemptions, and preserved existing flow management plans and regulations.

      Statute intended not only to protect state's fish stocking program, but designed to accommodate many interests and concerns, including having sufficient water available for natural aquatic life, natural and stocked wildlife and public recreation. 260 C. 506.

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      Sec. 26-141c. Violation of regulations. After the adoption of regulations pursuant to section 26-141b, no person or municipality, as defined in section 22a-423, shall maintain any dam or structure impounding or diverting water within this state except in accordance with regulations as established by the Commissioner of Environmental Protection. If the commissioner finds that any person or municipality, as defined in section 22a-423, is violating such regulations, the commissioner shall issue an order to such person or municipality to comply with the regulations. The order shall include a time schedule for the accomplishment of the necessary steps leading to compliance. If such person, or municipality fails thereafter to comply with the regulations concerning flow of water, the commissioner may request the Attorney General to bring an action in the Superior Court to enjoin such person or municipality from restricting the flow of such water in accordance with such regulations.

      (1971, P.A. 229, S. 3; 872, S. 443; P.A. 05-142, S. 3.)

      History: Later 1971 act replaced water resources commission with commissioner of environmental protection; P.A. 05-142 replaced references to "standards" with references to "regulations", replaced references to "firm or corporation" with references to "municipality", and made technical changes.

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PART IX
COMMERCIAL FISHERIES

      Sec. 26-142. Registration of nets. Permits to tend or operate. Section 26-142 is repealed.

      (1949 Rev., S. 4952; 1949, S. 2535d; 1957, P.A. 345, S. 1; 1971, P.A. 872, S. 314; P.A. 74-348, S. 10, 11.)

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      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.

      Cited. 23 C. 272.

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      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.

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      Sec. 26-142c. Vessel permit exemption for taking lobsters or fish for personal use. Notwithstanding the requirements of subsection (a) of section 26-142a, no commercial fishing vessel permit shall be required for any vessel used for taking lobsters or fish, including menhaden, for personal use only.

      (P.A. 97-133, S. 4, 5.)

      History: P.A. 97-133 effective June 13, 1997.

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      Sec. 26-143. Nets to be marked. Section 26-143 is repealed.

      (1949 Rev., S. 4955; 1971, P.A. 872, S. 315; P.A. 74-348, S. 10, 11.)

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      Sec. 26-143a. Nets to be buoyed and marked. Boats to display license or registration flag. All fyke, trap or pound nets shall be buoyed, and the buoy shall bear the registration or license number issued to the owner in figures at least six inches long and each stroke thereof not less than one-half inch wide. The figures shall be painted in black on a light background. The buoy bearing the identification of the owner shall be maintained in a conspicuous place at or near the bowl or heart of the fyke, trap or pound net. All gill nets, seines or similar devices shall have attached thereto a metal tag, furnished by the commissioner, bearing the license number of the owner. All boats used to set or tend lobster pots, gill nets, seines, traps, fykes, pounds, eel pots, otter trawls, beam trawls, balloon trawls, or similar devices licensed or registered under the provisions of section 26-142a, shall display in a conspicuous position a license or registration flag furnished by the commissioner.

      (P.A. 74-348, S. 4, 11.)

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      Secs. 26-144 to 26-148. Nets for taking tomcod or frost fish. Smelt and tomcod; nets, registration and fee. Taking of smelt and tomcod; open season, net specifications, designated time and area, penalty. Eel pots. Shad; nets; penalty. Set nets for taking shad in Connecticut and Farmington Rivers. Sections 26-144 to 26-148, inclusive, are repealed.

      (1949 Rev., S. 4953, 4956-4959; 1949, S. 2537d; March, 1958, P.A. 27, S. 42; 1971, P.A. 872, S. 316-319; P.A. 74-348, S. 5, 6, 10, 11; P.A. 75-567, S. 53, 80; P.A. 80-164, S. 4, 5.)

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      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.

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      Secs. 26-150 to 26-153. Registration of fishing boat or vessel; operator's license; fees. Boats to display license number. Drag nets. Drag net or seine, license to operate, required. Mesh of nets. Sections 26-150 to 26-153, inclusive, are repealed.

      (1949 Rev., S. 4963-4965, 4968; 1971, P.A. 125; 872, S. 321-323; P.A. 74-348, S. 9-11; P.A. 80-164, S. 4, 5; P.A. 83-479, S. 5, 6.)

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      Sec. 26-154. Restricted waters near mouth of stream or estuary. Use of otter trawls in estuaries. (a) The commissioner may designate certain areas of water in or near the mouth or entrance of any stream or estuary within which area no person shall use any purse net, beam or otter trawl, or pound or trap net.

      (b) No person may use any otter trawl in any waters shoreward of the following described line: From the southern extremity of Stonington Point, Stonington; to the east end of the Stonington inner breakwater; follow the breakwater; from the west end of the breakwater to Wamphassuc Point. From the southern extremity of Dodge's Island, Stonington to the southern extremity of Ender's Island, Stonington; straight line to the southern extremity of Mason Point, Stonington; from the southerly extremity of Ram Point, Stonington straight line to the southern extremity of Morgan Point, Groton; from the entrance to Venetian Harbor, Groton to the southern extremity of Mumford Point, Groton; from the western extremity of Bushy Point Beach, Groton to the southern extremity of Avery Point, Groton; from the western extremity of Eastern Point, Groton, to the Old New London Harbor Lighthouse, New London; from the southern extremity of Magonk Point, Waterford; to the southern extremity of Millstone Point, Waterford; to the one fathom contour of Niantic Bay, thence to the southwest extremity of Black Point, East Lyme straight line to Buoy C-5 at Seal Rock, East Lyme; thence to the southern extremity of Lands End, East Lyme; thence to the mouth of the Three Mile River, Old Lyme; straight line to Hatchett Point, Old Lyme; straight line from Hatchett Point, Old Lyme to Hawk's Nest Beach Point, Old Lyme. From the eastern extremity of Griswold Point, Old Lyme to Buoy 2 Old Saybrook Channel Entrance to Buoy 1 Old Saybrook; thence to the southern extremity of Old Saybrook Point. From Cornfield Point, Old Saybrook to the mouth of the Oyster River, Old Saybrook; straight line to Chapman Point, Old Lyme; straight line to Old Kelsey Point, Westbrook, from Money Point, Westbrook to Lobster Rock, Westbrook; from Lobster Rock, Westbrook to Buoy 3 Westbrook mouth of the Menunketesuck River; from Buoy 3 Westbrook to Kelsey Point, Clinton; to Hammonasset Point, Madison. From Hogshead Point, Madison to the southern extremity of Grass Island, Guilford; to the southern extremity of Mulberry Point, Guilford; to the southern extremity of Vineyard Point, Guilford; to the southern extremity of Outer Island, Branford; to the southern extremity of Haycock Point, Branford; from Haycock Point, Branford to the northeast extremity of Spectacle Island, Branford; from the southwest extremity of Spectacle Island, Branford to the flag pole at Mansfield Point, Branford; from the flag pole at Mansfield Point, Branford to the southern extremity of South End, East Haven; to the southern extremity of Morgan Point, East Haven to the southwest ledge on the east breakwater, New Haven; to the Luddington Rock breakwater to the west breakwater light in West Haven; to Oyster River Point, West Haven; to the southern extremity of Merwin Point, Milford to the southern extremity of Pond Point, Milford; to Welch's Point, Milford; to Buoy 7 Milford Outer Harbor; from Buoy 7 Milford Outer Harbor to Buoy 5 to the northwest corner of Charles Island, Milford; from the northwest corner of Charles Island, Milford to the southwest corner of Charles Island, Milford; to the south end of the outer breakwater at the Housatonic River to the southern extremity of Stratford Point, Stratford and Point No Point, Stratford. From Point No Point, Stratford to the southerly end of the east breakwater at Pleasure Beach, Bridgeport; to the south end of the west breakwater at Seaside Park, Bridgeport; to Buoy 4 Black Rock Harbor, Bridgeport. From Buoy 4 Black Rock Harbor, Bridgeport to Pine Creek Point, Fairfield; from Pine Creek Point, Fairfield to Buoy 4 Southport Harbor, Fairfield; from Buoy 4 to the southern extremity of Frost Point, Westport; to the southern extremity of Sherwood Point, Westport; to the southern point of Cedar Point, Westport; to Buoy 1 Georges Rock, Westport; to Buoy 2 Cockenoe Shoal; to Buoy 24 Westport to Buoy 24-B Norwalk; to Buoy 3 Darien Five Mile River Entrance; to the Fish Island Buoy, Darien; to Long Neck Point, Darien. From Long Neck Point, Darien to Buoy 2 Cove Rocks, Stamford; to the southeast extremity of Shippan Point, Stamford; from the southwest extremity of Shippan Point, Stamford to the east end of the breakwater, Stamford Harbor; from the west end of the breakwater, Stamford Harbor to Buoy C-1 Greenwich South Reef; to Buoy 3 Greenwich Harbor Entrance; to the northeast extremity of Great Captain's Island, Greenwich; from the southwest extremity of Great Captain's Island, Greenwich to Byram Point.

      (1949 Rev., S. 4966; 1971, P.A. 872, S. 324; P.A. 74-348, S. 7, 11; P.A. 80-255; P.A. 81-202, S. 1, 2.)

      History: 1971 act replaced reference to board of fisheries and game with reference to environmental protection commissioner; P.A. 74-348 prohibited use of pound or trap net in designated areas; P.A. 80-255 added Subsec. (b) specifying boundaries of area where use of otter trawl is prohibited; P.A. 81-202 amended Subsec. (b) by changing the boundaries within which otter trawls are prohibited in area from Waterford to Stonington.

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      Sec. 26-154a. Use of purse seines in Long Island Sound. Section 26-154a is repealed, effective October 1, 2000.

      (1972, P.A. 44, S. 1, 2; P.A. 74-193, S. 1, 2; P.A. 00-196, S. 65.)

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      Sec. 26-155. Fish oil or fertilizer. No person shall render any food fish into oil or fertilizer. Nothing in this section shall be construed to prohibit the rendering and treatment of fish into food for human or animal consumption.

      (1949 Rev., S. 4967; September, 1950, S. 2540d.)

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      Secs. 26-156 and 26-157. Crabs. Lobsters. Sections 26-156 and 26-157 are repealed.

      (1949 Rev., S. 4969-4971; 1951, S. 2541d; 1955, S. 2541d, 2542d; 1957, P.A. 283, S. 1; 1959, P.A. 27, S. 1; 1971, P.A. 872, S. 325, 326; 1972, P.A. 47; P.A. 74-348, S. 10, 11; P.A. 80-164, S. 4, 5.)

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      Sec. 26-157a. Lobster management program. (a) All live cars or other devices in which lobsters are kept in the water, after having been removed from the pots, traps or trawls in which they were caught shall have branded thereon, in letters or figures not less than three-quarters of an inch in height the number of the license issued by the commissioner to the owner of such live car or other device for the taking of lobsters. All live cars and other devices not marked as herein provided and all lobsters found in such live cars or other devices may be seized by any authorized representative of the department and disposed of as determined by the commissioner. Authorized representatives of the commissioner may enter upon the premises of lobster fishermen and lobster dealers at any time to inspect lobsters, lobster pots, traps, trawls, pounds, tanks and other devices used for taking and holding lobsters to determine that the provisions of this section are being complied with.

      (b) All lobster pots, traps or similar devices for the catching of lobsters shall be suitably identified by having legibly branded on the top of the pot, or trap or similar device and painted or branded on the float in letters or figures not less than three-quarters of an inch in height the number of the license issued by the commissioner to the owner of such pot, trap or similar device for the taking of lobsters. All lobster pots, traps or similar devices not marked as provided in this subsection and all lobsters found in such lobster pots, traps or similar devices may be seized by any authorized representative of the department and disposed of as determined by the commissioner. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, governing a lobster management plan. Such regulations shall be consistent with the Atlantic State Marine Fisheries Commission's lobster management plan. Such regulations shall not include any fee related to the development or implementation of such plan. Following adoption of the regulations in this subsection, the commissioner may charge a fee for a tag to be attached or affixed to each pot, trap or similar device. Such fee shall be consistent with the cost of the tag which shall be provided by a person selected in accordance with section 4a-57. In addition to such fee, the commissioner may charge up to three cents per tag for the administrative costs of the development and implementation of such plan.

      (c) No person shall bring ashore in this state or possess on the waters of this state, live lobsters unless licensed to take lobsters in Connecticut waters except such lobsters as were legally brought into such waters from ashore or were obtained from a person licensed to take such lobsters; provided, the commissioner may issue a landing license for the landing and selling in this state of live lobsters, to residents of states which do not issue nonresident commercial fishing licenses, provided such lobsters were taken in waters where such nonresidents were licensed to take such lobsters.

      (d) No person shall bring ashore in this state or possess on the waters of this state any portion of a lobster including lobster meat, lobster claws, lobster tails or other parts, except as were legally brought into such waters from ashore or except for immediate personal consumption.

      (e) No person shall set, tend or assist in setting or tending any lobster pot, trap or similar device for the catching of lobsters or set any mooring on any oyster bed without the permission of the owner or lessee of such bed.

      (f) Any person who violates any provision of this section, section 2 of public act 85-434* or any regulation adopted in accordance with section 26-157c shall be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned not more than thirty days or both, for each offense and each lobster taken or possessed, and each net, pot, trap, trawl, spear or similar device used in violation of any provision of this section, section 2 of public act 85-434* or any regulation adopted in accordance with section 26-157c shall constitute a separate offense, except that any person who violates any provision of section 2 of public act 85-434* or any regulation adopted in accordance with section 26-157c shall be fined twenty-five dollars for each lobster taken or possessed for the first violation, fifty dollars for each lobster taken or possessed for the second violation and for each subsequent violation shall be fined one hundred dollars for each lobster taken or possessed. No part of any fine imposed pursuant to this subsection shall be remitted.

      (P.A. 74-348, S. 2, 11; P.A. 75-630; P.A. 83-262, S. 2-4; 83-479, S. 4, 6; P.A. 84-543, S. 1-3; 84-546, S. 76, 173; P.A. 85-175; 85-434, S. 3, 6; P.A. 86-403, S. 61, 132; P.A. 99-266, S. 2.)

      *Note: Section 2 of public act 85-434 which restricted the taking, possession, buying and selling of lobsters, provided for a trip limit and prohibited the use of otter trawls in part of Long Island Sound at night, was temporary in nature and therefore not codified.


      History: P.A. 75-630 added proviso in Subsec. (e); P.A. 83-262 amended Subsec. (a) to prohibit before July 1, 1985, the possession of more than one hundred lobsters by persons trawling west of longitude seventy-three degrees and amended Subsec. (i) to set definite fines for first, second and third violations in provisions concerning taking lobsters less than the legal length or possession of more than one hundred lobsters taken by trawling; P.A. 83-479 amended Subsec. (e) to replace "commercial" with "landing" license and to delete fee requirement; P.A. 84-543 amended Subsec. (a) by adding provisions prohibiting the transfer of lobsters from vessels using an otter trawl, beam trawl or similar device and making possession of such devices prima facie evidence of use; and amended Subsec. (i) by increasing the penalty for any violation of Subsec. (a) and prohibiting remission of any fine; P.A. 84-546 made technical change in Subsec. (e); P.A. 85-175 amended Subsec. (h) to prohibit the placement of lobster pots on oyster beds without permission of bed owner or lessee but did not take effect, having been repealed by implication by P.A. 85-434; P.A. 85-434 deleted Subsecs. (a), (b), (g) and (h) governing the taking of lobsters and relettered the remaining Subsecs. and made violations of regulations subject to the penalties established by the section; P.A. 86-403 made technical changes and inserted provision originally enacted by P.A. 85-175 as Subsec. (e), relettering former Subsec. (e) as (f); P.A. 99-266 amended Subsec. (b) to authorize regulations to implement a lobster management plan and a fee for management tags.

      Subsec. (a):

      Cited. 9 CA 228.


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      Sec. 26-157b. Reports. Penalty. (a) Each person who engages in commercial fishing in the waters of this state, lands lobsters, sea scallops, finfish, crabs, including horseshoe crabs, squid or bait species for commercial purposes in this state regardless of where such species are taken, operates as a seafood dealer or holds any commercial fishing license issued by the commissioner, license to take lobsters for personal use, license to take menhaden for personal use, license to buy finfish, lobsters, crabs, sea scallops, squid or bait species for resale, license to land lobsters, sea scallops, finfish, crabs, or squid or pound net registration shall report information to the commissioner that the commissioner deems necessary at intervals and by methods the commissioner deems necessary. The commissioner may request that commercial shellfish harvesters of oysters and clams voluntarily report, upon forms provided by the commissioner, such information as the commissioner deems necessary. The information required to be reported or voluntarily submitted may include but is not limited to: The number of individuals employed by such person, the number and value of boats, nets, apparatus and other devices used, the area fished, the effort expended and the number, weight, market value and species of finfish, lobsters, oysters, clams, sea scallops, squid, crabs, including horseshoe crabs or bait species caught, landed or purchased. Each person who holds a party boat, head boat or charter boat registration shall report to the commissioner, at such times and at such intervals as may be required and upon forms provided by the commissioner, such information as the commissioner deems necessary, which may include but is not limited to: The number of individuals carried for the purpose of fishing, the area fished, the effort expended, the number and weight by species of all finfish taken and, if any of the catch is sold by such person or by the captain or crew of such vessel, the number, weight, species and value of such finfish.

      (b) Any person who violates any reporting requirement under subsection (a) of this section shall have committed an infraction and may pay the fine by mail or plead not guilty under the provisions of section 51-164n and shall not be subject to the provisions of section 26-61.

      (c) 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 required to be submitted or voluntarily submitted in accordance with the provisions of subsection (a) of this section, or any identifiable fishery record or fishery sampling information provided or submitted voluntarily or received by the department upon request of the commissioner, without the consent of the person making the report or providing the information, provided the commissioner may authorize the release of such information for the purposes of fisheries research, management and development and conservation law enforcement. Any person who violates any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than thirty days or both and each such violation shall constitute a separate offense.

      (P.A. 74-348, S. 3, 11; P.A. 79-293, S. 3, 6; P.A. 80-386, S. 3, 4; P.A. 83-479, S. 1, 6; P.A. 85-27, S. 1, 2; P.A. 93-100, S. 2, 4; P.A. 97-79; P.A. 00-196, S. 56; P.A. 01-150, S. 3; P.A. 04-97, S. 2.)

      History: P.A. 79-293 made provisions applicable to those holding license to land lobster, purse seine registration or pound net registration, substituted "finfish" for "fish" and required report of "the area fished" and "the effort expended"; P.A. 80-386 added requirements for reports by holders of party, head or charter boat registrations; P.A. 83-479 required reports by licensees to land "finfish, crabs, including blue crabs or squid", authorized commissioner to request information other than that specifically cited by section and added Subsec. (b) re confidentiality of information; P.A. 85-27 amended Subsec. (b) by extending confidentiality to information voluntarily submitted to the commissioner; P.A. 93-100 amended Subsec. (a) to add reporting requirements for certain additional species, inserted new Subsec. (b) to provide for a penalty for violation of this section and renumbered the former Subsec. (b) as (c), effective July 1, 1993; P.A. 97-79 provided for voluntary reporting of certain information by certain licensees, provided for confidentiality with regard to such information and made technical changes; P.A. 00-196 deleted "purse seine registration" in Subsec. (a); P.A. 01-150 amended Subsec. (a) to extend reporting requirements to persons who engage in commercial fishing in the waters of the state, persons who land lobsters, sea scallops, finfish, crabs or squid for commercial purposes in this state regardless of where taken, persons who purchase finfish, lobsters, crabs, sea scallops, squid or bait from commercial fishermen for resale and persons with a license to take menhaden for personal use; P.A. 04-97 amended Subsec. (a) to add persons operating as seafood dealers and those engaged in commercial fishing for horseshoe crabs and bait species to those required to report information to commissioner and to make conforming changes, and amended Subsec. (c) to specify identifiable fishery record or fishery sampling information voluntarily provided or received by department as not subject to disclosure without consent of person providing the information, effective May 10, 2004.

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      Sec. 26-157c. Regulations governing the taking and possession of lobsters. Regulations implementing the lobster trap allocation buy-back program. (a) The Commissioner of Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, governing the taking of lobsters in the waters of this state and the possession of lobsters in the state regardless of where taken for the purpose of conserving and managing the populations of American lobster.

      (b) Not later than April 1, 2007, the commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the lobster trap allocation buy-back program established pursuant to section 26-157h. Said regulations shall include, but not be limited to, provisions for a payment of fifteen dollars for each allocated lobster trap permanently retired from the lobster fishery. Said regulations shall be limited to the buy-back of lobster trap allocations of resident commercial lobster fishermen holding lobster trap allocations issued by the commissioner and who have reported lobster landings between January 1, 1999, and December 31, 2005, as determined by the commissioner, based on reports submitted pursuant to section 26-157b, or who have received license transfers with trap allocations, and shall not require the buy-back of lobster traps. For purposes of this subsection, "lobster trap" means lobster pot.

      (P.A. 85-434, S. 1, 6; P.A. 90-274, S. 11; P.A. 06-187, S. 49.)

      History: P.A. 90-274 added provision making the section applicable to the possession as well as the taking of lobsters in the waters of the state; P.A. 06-187 designated existing provisions as Subsec. (a) and added Subsec. (b) re regulations to implement lobster trap allocation buy-back program, effective May 26, 2006.

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      Sec. 26-157d. Lobster restoration program. Regulations. (a) The Department of Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to establish a lobster restoration program to restore lobster spawning stock by increasing lobster egg production by providing that mature female lobsters landed by commercial methods be marked with a v-shaped notch in the tail, released and protected from future harvest.

      (b) Subject to the provisions of subsections (c) and (d) of this section, each person engaged in commercial fishing who lands, marks and releases lobsters and who reports such landing, marking and releasing pursuant to section 26-157b shall be compensated, if funds become available, at average market value, as determined by the commissioner, for each lobster released.

      (c) The Commissioner of Environmental Protection may select a contractor, in accordance with the provisions of the general statutes and department procedures, to implement the provisions of the program established pursuant to subsection (a) of this section. The department shall not be responsible for the training, insurance or supervision of employees of the contractor. The contractor shall be compensated by the department on a per trip basis and not per lobster. Employees of the contractor shall accompany persons engaged in commercial fishing who participate in the program and only such employees shall mark each lobster. Such persons engaged in commercial fishing shall not mark the lobsters and shall not be employed by the contractor to mark lobsters for fishing trips during which such persons are participating in the program.

      (d) The program established pursuant to subsection (a) of this section shall (1) be limited to state residents licensed to participate in commercial fishing by the department pursuant to this title, (2) require that fishermen and employees of the contractor sign a statement certifying the number of lobsters landed, marked and released for purposes of the program for each trip, (3) require such fishermen and contractor to collect and submit to the department all information deemed necessary by the department to verify compliance with the program, (4) require that all lobsters landed, marked and released for purposes of the program be allocated to the fishermen as catch for purposes of any other lobster management program under the jurisdiction of the state or federal government, and (5) provide that each participant in the program be selected based on the area fished, seasonal nature of such fishing and volume of landings by such participant prior to such participant's application to the program.

      (P.A. 05-281, S. 1.)

      History: P.A. 05-281 effective July 13, 2005.

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      Sec. 26-157e. Commissioner to pursue lobster restoration funds. Administration of funds. Entering into contracts. The Commissioner of Environmental Protection shall do all things necessary to apply for, qualify for and accept any federal or state funds made available or allotted under any federal or state act for the restoration of lobster stock, or any other federal or state acts, projects, programs or activities related thereto. The commissioner shall administer any such funds allotted to the commissioner in accordance with federal law and the law of this state. The commissioner may enter into contracts with the federal government or any state government concerning the use, maintenance and repayment of such funds under any such federal or state act.

      (P.A. 05-281, S. 2.)

      History: P.A. 05-281 effective July 1, 2005.

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      Sec. 26-157f. Lobster Restoration Advisory Committee. Establishment. Membership. Appointment, procedure and compensation. (a) There is established a Lobster Restoration Advisory Committee to advise the Commissioner of Environmental Protection on matters relating to the development of a lobster v-notch conservation program to enhance recovery and rebuilding of lobster stock in Long Island Sound.

      (b) The committee shall be comprised of the following eleven members: (1) The Commissioner of Environmental Protection, or the commissioner's designee, (2) the Commissioner of Agriculture, or the commissioner's designee, (3) the state's administrative commissioner to the Atlantic States Marine Fisheries Commission, (4) the state's legislative commissioner to the Atlantic States Marine Fisheries Commission, (5) the state's commissioner who has been appointed by the Governor to the Atlantic States Marine Fisheries Commission, (6) a representative of the Southern New England Fishermen's and Lobsterman's Association, (7) a representative of the Connecticut Commercial Lobstermen's Association, (8) a representative of the Long Island Western End Lobstermen's Association, (9) a representative of the state vocational aquaculture school known as the Sound School in New Haven, (10) a representative of a state vocational aquaculture school in Bridgeport, and (11) a representative of the Connecticut Seafood Council.

      (c) The committee shall be appointed jointly by the Commissioners of Environmental Protection and Agriculture, after receiving appointment nominations from each group listed in subsection (b) of this section, not more than thirty days after May 26, 2006. The committee shall elect its own chairman and such other officers and adopt such rules of procedure as it may deem appropriate. Members of said committee shall receive no compensation for their services but shall be reimbursed for necessary expenses in the performance of their duties.

      (P.A. 06-187, S. 46.)

      History: P.A. 06-187 effective May 26, 2006.

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      Sec. 26-157g. Lobster v-notch restoration program. If the Lobster Management Board of the Atlantic States Marine Fisheries Commission approves a lobster v-notch restoration program having equivalent conservation value to the approved or future requirements of the Commission's Lobster Management Plan for Lobster Management Area 6 on or before November 1, 2006, then one hundred per cent of any appropriations made for the fiscal year ending June 30, 2007, for lobster stock recovery and conservation shall be made for the implementation of such program. If said Lobster Management Board does not approve such lobster restoration program on or before November 1, 2006, then sixty per cent of any such appropriations shall be used to implement the provisions of subsection (b) of section 26-157c and forty per cent of any such appropriation shall be used to implement the provisions of section 26-157i.

      (P.A. 06-187, S. 47.)

      History: P.A. 06-187 effective May 26, 2006.

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      Sec. 26-157h. Lobster trap allocation buy-back program. Within available appropriations, the Commissioner of Environmental Protection shall establish a lobster trap allocation buy-back program to permanently retire lobster traps from the lobster fishery. The program shall provide for payment of fifteen dollars for each allocated lobster trap permanently retired from the lobster fishery.

      (P.A. 06-187, S. 48.)

      History: P.A. 06-187 effective May 26, 2006.

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      Sec. 26-157i. Economic assistance program for resident commercial lobster fishermen. Establishment. Regulations. (a) The Commissioner of Environmental Protection shall establish an economic assistance program for resident commercial lobster fishermen.

      (b) Not later than April 1, 2007, the Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the economic assistance program established in subsection (a) of this section for any resident commercial lobster fisherman who held a Connecticut license to take lobsters in 2006 and who held a lobster trap allocation issued by the commissioner, or who has received a license transfer with a trap allocation, and who, not later than January 24, 2006, reported the landing of lobsters between January 1, 2004, and December 31, 2005, as determined by the commissioner, based on reports submitted pursuant to section 26-157b. The regulations shall include, but not be limited to, provisions for direct payment to such lobsterman based on the contribution such lobsterman's lobster catch made to the total qualifying catch of all qualifying lobster fishermen from Long Island Sound with any gear between January 1, 2004, and December 31, 2005, provided, in cases in which more than one fisherman has reported on the same catch report form, catches are attributed and payments made to the lead license holder indicated on the form.

      (P.A. 06-187, S. 50.)

      History: P.A. 06-187 effective May 26, 2006.

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      Sec. 26-157j. Seafood dealer, wholesaler or shipper possession and sale of undersized lobsters. Conditions. Documentation. A seafood dealer, wholesaler or shipper may possess and sell lobsters less than the Atlantic States Marine Fisheries Commission's American Lobster Fishery Management Plan Lobster Management Area 6 minimum legal length, as defined in regulations adopted pursuant to section 26-157c, provided: (1) Such lobsters are not taken from said Lobster Management Area 6 waters or landed in this state, regardless of where such lobsters were taken, (2) such lobsters are not less than the minimum legal length in effect in the waters of the lobster management area or nation of origin where taken and not less than three and one-quarter inches carapace length regardless of where taken, (3) such lobsters are not bartered, exchanged, sold or offered for sale to retail consumers in this state, and (4) such seafood dealer, wholesaler or shipper in possession of such lobsters possesses a manifest, bill of lading, invoice, purchase order or other written documentation identifying the state, lobster management area or nation of origin, as applicable, where such lobsters were received, the number of such lobsters received that are less than said Lobster Management Area 6 minimum legal length and the date such lobsters were received. Such documentation shall be retained by the seafood dealer, wholesaler or shipper for a period of six months from the date such lobsters were received and shall be made available to law enforcement officers upon request.

      (P.A. 06-187, S. 51.)

      History: P.A. 06-187 effective May 26, 2006.

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      Sec. 26-158. Sale of lobsters. No person who has taken any lobsters from the waters of this state or any other state which requires a license to take lobsters shall deliver, sell, exchange or possess in this state, or offer for delivery, sale or exchange in this state, any lobsters unless he has in his possession a license to take lobsters issued under the provisions of the laws of the state in whose waters such lobsters were taken.

      (1949 Rev., S. 4972.)

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      Sec. 26-159. Sea sturgeon. Section 26-159 is repealed.

      (1949 Rev., S. 4973; P.A. 74-348, S. 10, 11.)

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      Sec. 26-159a. Regulations concerning certain sport and commercial fishing in the marine district and possession of certain species. Penalty. To establish and manage populations of marine and anadromous finfish and marine arthropods and to facilitate the establishment of unified coast-wide regulations in accordance with the provisions of fishery management plans developed pursuant to the Fishery Conservation and Management Act of 1976 (Public Law 94-265, as amended) or other regional fishery management authorities, the Commissioner of Environmental Protection may adopt regulations in accordance with the provisions of chapter 54 governing possession of such species, sport fishing and commercial fishing by persons fishing for such species in the waters of this state or landing such species in this state, regardless of where such species were taken. Such regulations may: (1) Establish the open and closed seasons; (2) establish hours, days or periods during the open season when fishing shall not be permitted in designated waters or areas for all or limited species by all or limited methods; (3) establish legal lengths; (4) prescribe the legal methods of sport fishing for all or limited species; (5) establish for sport fishing the daily creel limit, the season creel limit and the possession limit; (6) restrict sport fishing from boats and other floating devices and sport fishing from designated areas; (7) determine the species which may be taken by commercial fishing methods, provided striped bass, Atlantic salmon, other anadromous salmon, brown trout, rainbow trout and brook trout may only be taken by angling and, if taken in the waters of this state, shall not be sold, bartered, exchanged or offered for sale, barter or exchange; (8) prescribe the legal methods of commercial fishing; (9) determine the specifications, materials and dimensions of nets, seines, fykes, traps, pounds, trawls, trolling gear, long lines, set lines and other commercial fishing gear used in the waters of this state; (10) regulate the use of commercial fishing gear, including boats; (11) determine the number and size of finfish and marine arthropods which may be taken by commercial fishermen; (12) determine the total number and pounds of finfish and marine arthropods, by species, which may be taken by commercial fishing methods or for commercial purposes during a calendar year or lesser period; (13) prohibit the landing of protected species; (14) for a fishing derby or tournament, require that such activity be registered and that an accurate report of all fish tagged, marked and taken, time spent on an area and any other data required by the commissioner for management purposes be returned within a specified period of time. Any person who violates any regulation concerning sport fishing adopted in accordance with the provisions of chapter 54 and this section, shall have committed an infraction and may pay the fine by mail or plead not guilty under the provisions of section 51-164n, except that any person who violates any regulation adopted in accordance with the provisions of chapter 54 and this section pertaining to the taking of striped bass shall be fined one hundred dollars for each fish taken or possessed for the first violation, two hundred dollars for each fish taken or possessed for the second violation and for each subsequent violation shall be fined five hundred dollars for each fish taken or possessed or imprisoned not more than sixty days or both. No part of any fine imposed for the taking or possession of any striped bass in violation of any such regulation shall be remitted.

      (1967, P.A. 203; P.A. 80-164, S. 1, 5; P.A. 82-255, S. 4; P.A. 84-66, S. 1, 2; P.A. 86-5, S. 1; P.A. 93-100, S. 3, 4; P.A. 94-110, S. 3; P.A. 00-196, S. 57.)

      History: P.A. 80-164 clarified provisions, wholly replaced Subdiv. (7) which previously contained general prohibition or restriction against use of boats and other floating devices used in sport fishing and added Subdivs. (12) and (13) regulating number and pounds of finfish and crabs which may be taken by commercial fishing and prohibiting landing of protected species; P.A. 82-255 added provision specifying that violations are infractions; P.A. 84-66 increased the fines for the taking of striped bass and prohibited remission of such fines; P.A. 86-5 expanded the commissioner's authority to the regulation of all marine arthropods not solely crabs and the taking of fish for commercial purposes; P.A. 93-100 added authority re landing of fish in this state and made minor clarifications as to commissioner's authority, effective June 2, 1993; P.A. 94-110 added Subdiv. (14) re registration and reporting requirements for fishing derbies and tournaments; P.A. 00-196 deleted reference to "purse seines" in Subdiv. (9).

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      Sec. 26-159b. Taking and selling of sea sturgeon prohibited. Section 26-159b is repealed.

      (P.A. 74-348, S. 8, 11; P.A. 86-5, S. 2.)

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      Sec. 26-159c. Commissioner to conduct public hearings in coastal areas. Prior to the adoption of any regulation under subsection (d) of section 26-142a or section 26-159a, the commissioner or his designated representative shall conduct a public hearing or hearings in those coastal areas where persons substantially affected by such regulation and having an interest therein may be heard. The commissioner shall cause notice of such hearing or hearings to be published at least once not more than thirty days and not fewer than ten days before the date set for such hearing or hearings in a newspaper or newspapers having general circulation in those areas which may be affected by such regulation.

      (P.A. 80-164, S. 3, 5.)

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      Sec. 26-160. Extension zones. The commissioner may establish zones on either side of the lines fixed by him to distinguish inland waters from the waters of the marine district, in which persons licensed to fish with a net in inland waters or to fish in the waters of the marine district, as the case may be, may fish under such regulations as may be made by the commissioner, without the payment of an additional fee.

      (1949 Rev., S. 4974; 1971, P.A. 872, S. 327.)

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

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      Secs. 26-161 to 26-163. Commercial taking of yellow perch. Northern fluke or summer flounder. Alewives and glut herring. Sections 26-161 to 26-163, inclusive, are repealed.

      (1949 Rev., S. 4976; 1949, S. 2529d; 1951, S. 2514d, 2543d; P.A. 73-129, S. 1, 2; P.A. 75-96; P.A. 80-164, S. 4, 5.)

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      Sec. 26-164. Inspection of license. Upon request of the commissioner or any conservation officer or officer authorized to serve criminal process, any licensee shall deliver his license to such person for examination and shall disclose the number and location of each net and permit the inspection of the cargo or any of the contents of any boat used by the licensee.

      (1949 Rev., S. 4977; 1971, P.A. 872, S. 328.)

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

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      Sec. 26-165. Reports. Section 26-165 is repealed.

      (1949 Rev., S. 4978; 1971, P.A. 131; 872, S. 329; P.A. 74-348, S. 10, 11.)

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      Sec. 26-166. Obstructions. No person shall place any obstruction in or upon any fishing place or upon grounds which may be lawfully swept by seines.

      (1949 Rev., S. 4979.)

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      Sec. 26-167. Stealing fish, lobsters or equipment. Penalty. No person except the licensed owner, an authorized licensed agent of the owner, the commissioner or authorized agents of the department or law enforcement officers empowered to serve criminal process shall remove or attempt to remove any fish or lobster from any pound, weir, net, pot or other device used for the purpose of taking or retaining fish or lobsters. No person shall have in his possession or set or cause to be set any trap, pot or other device for taking fish or lobsters which belong to another without having written authorization from the owner or his authorized agent. Any trap, pot or other device so set and not identified by the owner's number, which shall be assigned by the commissioner, shall, for the purpose of this section, be considered prima facie evidence of having been stolen or illegally possessed by the person setting the same. Any unauthorized person who lifts, raises, draws or molests, or assists in so doing, any trap, pot or other device set for the purpose of taking fish or lobsters, or steals any fish or lobster therefrom except as provided herein, shall be fined not more than two hundred dollars or be imprisoned not more than six months or both. Any trap, pot or other device and accessories thereto used in violation of this section shall be forfeited to the state and shall be sold or otherwise disposed of by the commissioner or his authorized agent.

      (1949 Rev., S. 4980; 1971, P.A. 872, S. 330; P.A. 79-125.)

      History: 1971 act replaced references to board of fisheries and game, its director, members and their agents with references to environmental protection department and commissioner and their agents; P.A. 79-125 increased maximum fine from $100 to $200.

      Intent of statute is to make fish or lobsters which have been caught the subject of larceny and it is not essential to prove the identity of the owner of the stolen property. 37 CS 809.

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      Sec. 26-168. Sale or taking of salt water fish. Section 26-168 is repealed.

      (1949 Rev., S. 4981; 1971, P.A. 129; P.A. 80-164, S. 4, 5.)

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      Sec. 26-169. Nets and seines prohibited in Darien, Stamford and Greenwich. No person shall draw, set or use any net, seine, pound net or set net in any of the waters of Long Island Sound or in any creek or tributary thereof lying north and west of a line drawn from the southeasterly point of Hay Island in the town of Darien to the southeasterly point of Indian Rocks and thence to the southeasterly point of Great Island in said town. No person shall draw, set or use any net, seine, pound net or fyke or set net in any of the waters of Long Island Sound or in any river or creek or tributary thereof lying north of a line drawn from the extreme southerly end of Collender's or Long Neck Point in the town of Darien to the extreme southerly end of Greenwich Point in the town of Greenwich, except in fishing for killies, shiners or shrimp with a net or seine not exceeding thirty feet in length, or in fishing for menhaden for personal use with a seine or gill net.

      (1949 Rev., S. 4982; P.A. 99-266, S. 3.)

      History: P.A. 99-266 limited the exemption from this section for menhaden fishing to personal use, deleted a mesh size restriction on permitted seines used to take menhaden and authorized menhaden fishing with gill nets.

      Cited. 318 U.S. 150.

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      Sec. 26-170. Use of seine in Norwalk Harbor. No person shall draw a seine with a mesh less than one and one-half inches square in the water known as Norwalk Harbor or in any waters adjacent to said harbor northerly of a line drawn from Sprite Island to a point opposite the mouth of Five Mile River.

      (1949 Rev., S. 4983.)

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      Sec. 26-171. Taking smelt in Greenwich. No person shall take any smelt in any of the waters of Long Island Sound, or in any river or creek or tributary thereof lying north and east of a line drawn from the southwest end of J. Kennedy Tod's Point to what is known as W. M. Ritch's Dock in Byram Harbor, in the town of Greenwich, otherwise than with a hook and line.

      (1949 Rev., S. 4984.)

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      Secs. 26-172 and 26-173. Drag nets along shores of Long Island Sound and Fishers Island Sound. Weirs and pounds. Sections 26-172 and 26-173 are repealed.

      (1949 Rev., S. 4986, 4987; P.A. 80-164, S. 4, 5.)

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      Sec. 26-174. Pawcatuck River. No person shall erect or continue any pound or weir upon any flat or other part of the bottom of the Pawcatuck River eastward or westward of its channel, between the first day of June and the twentieth day of March, or shall erect or continue any stationary net or like obstruction to the main channel of said river. No person shall fish with mesh or scoop nets in Pawcatuck River, or any of its branches, between sunset on Friday and sunrise on Monday from March twentieth to June first; and no person shall use more than one net therein.

      (1949 Rev., S. 4988.)

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      Sec. 26-175. Long Beach and Penfield Reef. No person shall draw, set or use any net, seine, pound net, fyke net or set net in any waters of Long Island Sound or any creek or tributary thereof, lying north of a line drawn from the breakwater on what is known as Long Beach to the Penfield Reef lighthouse, and thence along said Penfield Reef to the shore or mainland in the town of Fairfield.

      (1949 Rev., S. 4989.)

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      Sec. 26-176. Restrictions on type of fishing at certain points on Connecticut, Mystic and Thames Rivers, Niantic Bay and North Cove in Old Saybrook. No person shall take or attempt to take any fish from the waters of the Thames River or Niantic Bay above the bridges of the Penn-Central Railroad Company or from the waters of the Mystic River or from the waters of the Connecticut River easterly of a straight line extending northerly from the westerly tip of Griswold Spit to the easterly abutment of the bridge of the Penn-Central Railroad Company over the Connecticut River in the town of Old Lyme, by means of any otter or beam trawl or any device of a similar nature, or by use of any gill net and no person shall take or attempt to take any fish from the waters of North Cove in Old Saybrook by means of any otter or beam trawl or any similar device.

      (1949 Rev., S. 4990; P.A. 74-134, S. 1, 2.)

      History: P.A. 74-134 substituted Penn-Central Railroad Company for New York, New Haven and Hartford Railroad Company and prohibited use of otter or beam trawl and similar devices in waters of North Cove, Old Saybrook.

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      Sec. 26-177. Mystic River. No person shall draw any seine in the Mystic River north of a line running due east from the lighthouse in Groton, from April fifteenth to November first. No person shall draw or assist in drawing any seine for the purpose of taking fish in said river north of the upper bridge, known as Mystic Bridge, or in the waters of Stonington above the railroad bridge. No person shall catch smelt in said river or its tributaries except with hook and line.

      (1949 Rev., S. 4991.)

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      Sec. 26-178. Thames River. No purse net shall be set in the Thames River above the railroad bridge.

      (1949 Rev., S. 4993.)

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      Sec. 26-179. Taking smelt in Groton. No person shall take or assist in taking or attempt to take any smelt from the waters of Palmer's Cove, Poquonock River or Baker's Cove, or their tributaries, in the town of Groton, by means of a net, seine or trap.

      (1949 Rev., S. 4992.)

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      Sec. 26-180. Milford Harbor. No person shall draw, set or use any net, seine, pound net, fyke net or set net in the waters known as Milford Harbor, north of a line drawn from Welch's Lane on the east shore to the northeasterly point of Charles' Island and then in a northwesterly direction to the westerly end of the bridge or trestle crossing Great Creek in the town of Milford, from August first to November first, both inclusive. Nothing herein shall prohibit the catching of menhaden or the taking of eels, crabs or bait fish in nets.

      (1949 Rev., S. 4994.)

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      Sec. 26-181. Chester Cove. No person shall draw, set or use any net, seine, fyke net or set net in the waters of Chester Cove in the town of Chester.

      (1949 Rev., S. 4995.)

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      Sec. 26-182. Wright's Cove. No person shall draw, set or use any net, seine, fyke net or set net in the waters of Wright's Cove in the town of Portland between June first and March first, both inclusive.

      (1949 Rev., S. 4996.)

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      Sec. 26-183. Use of nets in Long Island Sound adjacent to Stratford. No person shall draw, set or use any net, seine, pound net, fyke net or set net in any of the waters of Long Island Sound adjacent to the town of Stratford and within three hundred feet of the high water mark, nor in any creek or tributary thereof, from the southerly side of the Bridgeport airport canal, thence southerly along the shore line at Short Beach and along the shore line to Stratford Point lighthouse, so called, and thence westerly along said shore line to the boundary line between the town of Stratford and the city of Bridgeport. No provision of this subsection shall prohibit the catching of menhaden or the taking of eels, crabs or bait fish in nets, as authorized by statute.

      (1949 Rev., S. 4997; P.A. 79-137; P.A. 85-434, S. 4, 6.)

      History: P.A. 79-137 added Subsec. (b) prohibiting use of otter trawl in certain Long Island Sound waters from one hour after sunset to one hour before sunrise; P.A. 85-434 deleted Subsec. (b) which had prohibited operation of an otter trawl.

      Former Subsec. (b) cited. 9 CA 228.

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      Sec. 26-184. Use of nets in Keney Cove. No person shall draw, set or use any net in the waters of Keney Cove in the towns of Glastonbury and East Hartford between April fifteenth and November first or between December first and March fifteenth. Between March fifteenth and April fifteenth and between November first and December first, no net except a two and one-half inch mesh net shall be used in the waters of said cove.

      (1949, S. 2511d.)

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      Sec. 26-185. Use of trawls in the Poquonock River. No person shall take or attempt to take any fish from the Poquonock River in the town of Groton at any time by means of any beam or otter trawl or device of a similar nature, north of a line drawn from the westerly end of Pine Island to the west side of Avery Point.

      (1949 S. 2512d.)

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      Sec. 26-186. Penalties. Any person who violates any provision of this part for which no other penalty is provided shall be fined not more than two hundred fifty dollars or imprisoned not more than thirty days or both, and each fish or crustacean taken or possessed in violation of any provision of said sections shall constitute a separate offense.

      (1949 Rev., S. 4998; P.A. 75-567, S. 52, 80; P.A. 01-115, S. 3, 5; P.A. 02-50, S. 3.)

      History: P.A. 75-567 substituted "this part" for specifically listed sections; P.A. 01-115 changed fine from $50 to $100, effective July 1, 2001; P.A. 02-50 increased fine to $250.

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      Sec. 26-186a. Effect of license suspension on other licenses, permits or registrations and on right to obtain them. Upon suspension of a license, permit or registration issued by the Commissioner of Environmental Protection pursuant to this chapter or the right to obtain such license, permit or registration, all other licenses, permits or registrations and the right to obtain such licenses, permits or registrations issued to a person pursuant to this chapter may be suspended.

      (P.A. 82-255, S. 5.)

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