Substitute Senate Bill No. 860
          Substitute Senate Bill No. 860

               PUBLIC ACT NO. 97-79


AN   ACT   CONCERNING   THE   CONFIDENTIALITY   OF
COMMERCIAL   FISHERIES   AND    SHELLFISH    CATCH
INFORMATION   COLLECTED   BY   THE  DEPARTMENT  OF
ENVIRONMENTAL PROTECTION.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  26-157b  of  the  general statutes is
repealed and the following is substituted in  lieu
thereof:
    (a)  Each  person who holds [a] ANY commercial
fishing  license  ISSUED  BY   THE   COMMISSIONER,
license to take lobsters 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,
purse seine registration or pound net registration
shall  report  to  the   commissioner,   at   such
intervals and at such times as may be required and
upon forms  provided  by  the  commissioner,  such
information  as  the commissioner deems necessary.
[Such information] 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,  or  crabs  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
1-19 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 submitted voluntarily upon
request  of  the commissioner, without the consent
of the person making the report  [,  except  that]
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.

Approved May 27, 1997