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statutes is repealed and the following is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the general statutes is repealed and the following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