Substitute House Bill No. 6941
          Substitute House Bill No. 6941

              PUBLIC ACT NO. 97-133


AN   ACT   CONCERNING   LICENSES   OF   COMMERCIAL
FISHERMEN.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1. Section  26-142b  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    Notwithstanding any other  provision  of  law,
the Commissioner of Environmental Protection, from
May 31, 1995,  until  December  31,  [1997]  1999,
shall issue resident  and  nonresident  commercial
finfish,  and  commercial  fishing  licenses,  and
purse seine [,  marine  pound  net, and charter or
party vessel] registrations under section 26-142a,
AS AMENDED BY  SECTIONS  2 AND 3 OF THIS ACT, only
to persons who held such a license or registration
at any time from January 1, 1980, to June 1, 1995,
inclusive, provided, if  such  license  holder  or
registrant is incapacitated or unable to operate a
vessel, the commissioner  may reissue a license or
registration to a member of such license holder or
registrant's immediate family  or  to  a member of
such  license  holder  or  registrant's  crew,  as
designated by such  license  holder or registrant,
on a temporary basis not to exceed the duration of
such  incapacity  or   inability.  Such  temporary
license or registration  shall  be  subject to the
provisions of SAID section 26-142a. UPON THE DEATH
OF   A   LICENSE   HOLDER   OR   REGISTRANT,   THE
COMMISSIONER   MAY  ISSUE   A   NEW   LICENSE   OR
REGISTRATION OF THE  SAME TYPE TO A MEMBER OF SUCH
LICENSE HOLDER OR  REGISTRANT'S  IMMEDIATE  FAMILY
WHO SHALL BE  DESIGNATED BY SUCH LICENSE HOLDER OR
REGISTRANT   ON   THE   FORM   PROVIDED   BY   THE
COMMISSIONER FOR APPLICATION  FOR,  OR RENEWAL OF,
SUCH  LICENSE OR  REGISTRATION.  SUCH  FORM  SHALL
INCLUDE A SPACE  IN  WHICH  THE DESIGNATION MAY BE
INDICATED. IMMEDIATE FAMILY SHALL INCLUDE SPOUSES,
FATHERS,   SONS,   BROTHERS,   SISTERS,   MOTHERS,
DAUGHTERS,  GRANDFATHERS, GRANDMOTHERS,  GRANDSONS
AND  GRANDDAUGHTERS.  SUCH   REISSUED  LICENSE  OR
REGISTRATION SHALL BE SUBJECT TO THE PROVISIONS OF
SAID SECTION 26-142a.  IF  SUCH  LICENSE HOLDER OR
REGISTRANT HAS NOT  DESIGNATED  A FAMILY MEMBER TO
WHOM THE LICENSE  OR  REGISTRATION  MAY BE ISSUED,
ANY SUCH FAMILY  MEMBER  MAY  APPLY  IN THE MANNER
OTHERWISE PROVIDED BY  LAW  IN  ORDER  TO OBTAIN A
LICENSE  OR  REGISTRATION   UNDER   SAID   SECTION
26-142a.
    Sec. 2. Subsection  (a)  of section 26-142a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) 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 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 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  set  or  tend  gill  nets,  a
license to take lobsters OR FISH for personal use,
a   resident   commercial   fishing   license,   a
nonresident  commercial  fishing   license   or  a
commercial landing license  may 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,
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 for personal use by hand
or by scuba  diving  or  skin  diving  unless such
person has been  licensed  by  the commissioner to
take lobsters 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. No purse  seine  or  similar device shall be
used to take menhaden unless the vessel from which
such  purse  seine  or  similar  device  is  used,
tenders   excepted,   is   registered   with   the
commissioner. The use  of a purse seine or similar
device to take  species  other  than  menhaden  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 finfish, lobsters, crabs, including blue
crabs, sea scallops  or  squid for resale from any
commercial fisherman unless  such  person has been
licensed by the commissioner. No person shall take
or assist in  taking  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. The owner,  operator  or  captain of
any such boat  may sell the boat's or crew's share
of any catch 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 carrying one or more
crew members and  which  is operated for a fee for
the  purpose  of   transporting  and  providing  a
fishing platform for sport fishermen in the marine
district.  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. 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.
    Sec. 3. Subsection  (c)  of section 26-142a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (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, 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, fifty
dollars; (3) 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,
one hundred fifty  dollars  for  residents of this
state  and two  hundred  twenty-five  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  his state of residency concerning the
taking  of  lobster   are  less  restrictive  than
regulations adopted under the authority of section
26-157c; (4) for  a license to set, tend or assist
in setting or  tending  gill nets, seines, scap or
scoop nets used to take shad, one hundred dollars;
(5) for the  registration  of  each  pound  net or
similar device used  to  take finfish, one hundred
dollars,  provided  persons   setting,  operating,
tending  or assisting  in  setting,  operating  or
tending such pound  nets  shall not be required to
be licensed; (6) for a license to set or tend gill
nets, to tend  or  assist  in  setting  or tending
seines, traps, fish pots, cast nets, fykes, scaps,
scoops,  eel  pots  or  similar  devices  to  take
finfish  other  than  shad  or  bait  species  for
commercial purposes, or,  in any waters seaward of
the  inland district  demarcation  line,  to  take
finfish  other  than  shad  or  bait  species  for
commercial  purposes  by   hook  and  line,  fifty
dollars  for  residents  of  this  state  and  one
hundred dollars for  nonresidents,  and  any  such
license  obtained  for  the  taking  of  any  fish
species for commercial  purposes by hook and line,
which  species  is  regulated  by  a  creel  limit
adopted under the  authority  of  section 26-159a,
one hundred dollars  for  residents  of this state
and two hundred  dollars for nonresidents; (7) for
a license to  set,  tend  or  assist  in  setting,
operating or tending seines, traps, scaps, scoops,
weirs or similar  devices  to take bait species in
the  inland  district   for  commercial  purposes,
twenty dollars; (8)  for a license to set, tend or
assist in setting,  operating  or  tending seines,
traps, scaps, scoops  or  similar  devices to take
bait species in the marine district for commercial
purposes, twenty dollars; (9) for the registration
of any boat or vessel, except a tender, engaged in
using a purse  seine  or  similar  device  to take
menhaden,  fifty dollars  for  residents  of  this
state  and  seven   hundred   fifty   dollars  for
nonresidents; (10) for  a  license to buy finfish,
lobsters,  crabs,  including   blue   crabs,   sea
scallops, squid or  bait  species  for resale from
any commercial fisherman  licensed to take or land
such species for  commercial  purposes, regardless
where taken, twenty-five  dollars;  (11)  for  the
registration  of any  party  boat,  head  boat  or
charter  boat  used   for   fishing,   twenty-five
dollars;  (12) for  a  license  to  land  finfish,
lobsters,  crabs,  including   blue   crabs,   sea
scallops,  squid  or  bait  species,  two  hundred
twenty-five dollars; (13) for a commercial fishing
vessel permit, fifty  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, FIFTY
DOLLARS.
    Sec. 4. (NEW) Notwithstanding the requirements
of  subsection  (a)  of  section  26-142a  of  the
general statutes, as  amended by section 2 of this
act, no commercial  fishing vessel permit shall be
required for any  vessel  used for taking lobsters
or  fish, including  menhaden,  for  personal  use
only.
    Sec. 5. This  act  shall  take effect from its
passage.

Approved June 13, 1997