Conn. Gen. Stat. § 26-142a

Current with legislation from the 2023 Regular and Special Sessions.

Section 26-142a - Definitions. Licenses, permits, registrations and endorsements. Regulations. Prohibitions. Nonresident licenses. Fees. Commissioner authority. Revocation. Violations. Penalties. Limited access licenses

(a) For the purposes of this section and sections 26-142b and 26-157b:

(1) "Application deadline" means March thirty-first of each year;

(2) "Commercial bait fishing" means commercial fishing by use of seines, traps, scaps, scoops, weirs or similar devices to take and land bait species;

(3) "Commercial blue crab fishing" means commercial fishing by use of scoop nets, hand lines or manually operated and personally attended devices approved by the commissioner to take and land blue crabs only;

(4) "Commercial fishing vessel" means a commercial landing vessel, or a vessel used to engage in commercial lobster pot fishing, otter trawl fishing, general commercial fishing or pound net fishing. "Commercial fishing vessel" does not include any skiff used to aid the primary pound net fishing vessel;

(5) "Commercial landing vessel" means a vessel used to land regulated species taken in commercial fishing conducted exclusively outside the waters of this state;

(6) "Commercial lobster pot fishing" means commercial fishing by use of lobster pots only to take and land regulated species other than blue crabs;

(7) "Commercial shad fishing" means commercial fishing by use of gill nets, seines, scap or scoop nets to take and land American shad only;

(8) "Environmental tourism vessel" means a vessel used to carry passengers for hire and operated for the purpose of providing a platform for education and observation and collection of marine or estuarine species using commercial fishing gear under conditions specified in the permit issued under this section;

(9) "General commercial fishing" means commercial fishing by use of gill nets, seines, traps, fish pots, cast nets, fykes, scaps, scoops, eel pots, hook and line or similar devices to take and land squid, finfish other than American shad or bait species, or commercial fishing for horseshoe crabs by hand;

(10) "Limited access license" means any endorsement, license, permit, or registration required under this section, the number of which may be limited by the commissioner or by a provision of the general statutes;

(11) "Otter trawl fishing" means commercial fishing by use of otter trawls, beam trawls, balloon trawls, mid-water trawls, sea scallop dredges or any similar device to take and land regulated species other than blue crabs;

(12) "Party or charter fishing vessel" means a vessel used to carry passengers for hire and operated for the purpose of providing a recreational fishing platform to take and land marine regulated species;

(13) "Personal use gill net fishing" means the use of a gill net of not more than sixty feet in length to take menhaden only for personal use and not for sale;

(14) "Personal use lobster fishing" means:

(A) The use of not more than ten lobster pots to take lobsters and finfish only for personal use and not for sale whenever such finfish are taken incidental to lobster fishing and in accordance with recreational fishery creel limits, length limits and seasons adopted pursuant to section 26-159a, or

(B) the taking of lobsters for personal use only by hand or by skin or scuba diving;

(15) "Pound net fishing" means commercial fishing by use of pound nets or similar devices to take regulated species other than lobsters or blue crabs;

(16) "Principal commercial fishing license" means a license authorizing both commercial lobster pot fishing and otter trawl fishing;

(17) "Quota-managed species" means a regulated species managed through a state-wide seasonal or annual commercial harvest limit;

(18) "Restricted commercial fishing" means:

(A) Commercial fishing by use of hook and line to take squid and finfish, other than American shad or bait species, or

(B) the taking of menhaden by use of a gill net that is not more than two hundred feet in length and that is manually set and retrieved and personally attended to when in use; and

(19) "Restricted commercial lobster pot fishing" means commercial fishing by only the use of not more than fifty lobster pots for the taking and landing of regulated species other than blue crabs.

(b) Except as provided in subsection (c) of this section, no person shall take or attempt to take any regulated species for commercial purposes or use commercial fishing gear or land any regulated species in this state for commercial purposes, regardless of where taken, without first obtaining a license as provided in this chapter. No person shall act as a seafood dealer without first obtaining a license as provided in this chapter except that a commercial fisherman acting as a seafood dealer as defined in subparagraph (B) of subdivision (17) of section 26-1 shall not be required to obtain a seafood dealer's license. No person shall buy for resale regulated species landed in this state from any commercial fisherman unless such buyer and commercial fisherman have a license issued by the commissioner. No person shall operate an environmental tourism vessel, commercial landing vessel or a vessel used in commercial lobster pot fishing, general commercial fishing or otter trawl fishing unless the commissioner issued a permit for such vessel to the owner of such vessel. No person shall operate a party or charter fishing vessel unless the commissioner issued a registration for that vessel to the owner of such vessel. No person shall possess or land a quota-managed species taken while commercial fishing unless the commissioner issued such person a quota-managed species endorsement for such species or the commissioner issued a quota-managed species endorsement for such species to the owner of the principal commercial fishing vessel used to take such species, provided the commissioner may waive such quota-managed species endorsement requirement for a license or permit holder who possesses a small quantity of such species under conditions specified by the commissioner. No person shall take or attempt to take lobsters or horseshoe crabs for personal use unless such person is licensed by the commissioner.

(c) Notwithstanding the requirements of subsection (b) of this section:

(1) Any holder of a permit issued pursuant to section 26-60 shall not be required to obtain an environmental tourism vessel permit pursuant to this section;

(2) Any person licensed pursuant to this section may be accompanied and assisted by persons who are not licensed;

(3) Any persons setting, operating, tending or assisting in setting, operating or tending registered pound nets shall not be required to be licensed;

(4) 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 under a marine waters fishing license in the marine district;

(5) The owner, operator or captain of a party or charter fishing vessel may sell the boat's or crew's share of any tuna species; and

(6) No license shall be required to take not more than one-half bushel of whelk daily.

(d) The use of a purse seine is prohibited. No person shall take finfish for commercial purposes in the inland district by the use of hook and line. No person shall take blue crabs for commercial purposes or for personal use except by scoop net, hand line or manually operated and personally attended devices approved by the commissioner. No person shall operate a party or charter fishing vessel or an environmental tourism vessel unless such person holds a current passenger-for-hire license issued by the United States Coast Guard. No vessel used to take regulated species may employ a fish pump except to offload the catch at a shore side facility.

(e) The commissioner shall issue endorsements, licenses, permits and registrations to qualified applicants upon the submission of an application containing such information as prescribed by the commissioner, and upon the payment of such endorsement, license, registration or permit fees as are required by subsection (f) of this section, except that a nonresident whose endorsement, permit, license or registration in the state of residence has been voided or suspended shall have the Connecticut endorsement, permit, license or registration voided or suspended during the suspension of such out-of-state endorsement, permit, license or registration or until another endorsement, permit, license or registration is obtained in the state of residence. The commissioner shall not issue any fishing license, endorsement or registration or vessel permit to any applicant who has not met the reporting requirements of section 26-157b. The commissioner shall not renew any limited access license, the application and payment for which is received or postmarked after the application deadline. Failure to renew any limited access license and associated commercial fishing vessel permit annually shall constitute a permanent forfeiture of renewal privileges for such limited access license. Any person who forfeits license renewal privileges, as described in this subsection, shall be eligible to obtain another limited access license through means established by the commissioner for issuing a new limited access license. A resident of a state that does not issue commercial licenses to take eels to residents of this state 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. A resident of a state that does not issue commercial licenses to take lobsters to residents of this state shall not be eligible to obtain a commercial license to take lobsters in the waters of this state or to land lobsters in this state. A nonresident shall not be issued a license to take lobsters if the laws of the nonresident's state concerning the taking of lobsters are less restrictive than regulations adopted pursuant to section 26-157c. No vessel permit or registration shall be issued to any person for any vessel during the time period that such vessel permit has been revoked pursuant to subsection (i) of this section. Any person endorsed, licensed, registered or permitted to engage in activities authorized by this subsection shall carry on their persons or aboard the vessel being used to engage in such activity the endorsement, license, registration or permit authorizing such activity. Any fishing license, endorsement or registration or vessel permit issued by the commissioner shall be nontransferable except as provided in section 26-142b and shall expire on the thirty-first day of December next following its issuance.

(f) The fee for the following fishing endorsements, licenses and registrations and for a commercial fishing vessel permit shall be:

(1) For a commercial blue crab fishing license, one hundred fifty dollars;

(2) for a personal use lobster fishing license, sixty dollars;

(3) for a commercial lobster pot fishing license, one hundred ninety dollars for residents of this state and two hundred eighty-five dollars for nonresidents;

(4) for a principal commercial fishing license, two hundred eighty-five dollars for residents of this state and one thousand five hundred dollars for nonresidents;

(5) for a commercial shad fishing license, two hundred dollars;

(6) for the registration of each pound net or similar device, two hundred eighty-five dollars;

(7) for a general commercial fishing license, one hundred ninety dollars for residents of this state and two hundred fifty dollars for nonresidents, and any general commercial fishing 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 commercial bait fishing license to take bait species in the inland district for commercial purposes, one hundred dollars;

(9) for a commercial bait fishing license to take bait species in the marine district, one hundred dollars;

(10) for a seafood dealer license, two hundred fifty dollars;

(11) for a party or charter fishing vessel registration, three hundred fifteen dollars;

(12) for a commercial landing vessel operator's license, five hundred dollars;

(13) for a commercial fishing vessel permit, one hundred dollars;

(14) for a personal use gill net fishing license, one hundred dollars;

(15) for an environmental tourism vessel permit, one hundred dollars;

(16) for a restricted commercial fishing license, one hundred twenty-five dollars for residents and two hundred fifty dollars for nonresidents;

(17) for a restricted commercial lobster pot fishing license, one hundred twenty-five dollars for residents and two hundred fifty dollars for nonresidents;

(18) for a quota-managed species endorsement, fifteen dollars for each species endorsement; and

(19) for a license to take whelk in excess of one-half bushel daily, one hundred dollars.

(g) 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 limits on at-sea fish processing related to preserving species identification and prevention of wasteful harvesting practices, the seasons in which species may be taken, possessed or landed, the number and size of regulated species 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 endorsements, licenses, permits or registrations which may be issued. In managing the number of limited access licenses issued, the commissioner may consider an applicant's recent fishing activity authorized under this section, use random draw, lease not more than twenty per cent of the available harvest of any quota-managed species, or use other methods for managing the number of fishery participants. 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.

(h) 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.

(i) The commissioner shall revoke any commercial fishing vessel permit issued under authority of subsection (e) 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) possession of either:

(A) Quota-managed species more than twenty per cent in excess of the possession limit for such species, or

(B) fifty pounds, whichever is the greater amount;

(5) for a second offense within seven hundred thirty days in violation of regulations relating to bottom trawl nets adopted under this section;

(6) for a second offense within seven hundred thirty days for possession of regulated species, other than quota-managed species, more than ten per cent in excess of possession limits specified in regulations adopted under authority of section 26-157c or 26-159a. Such revocation period shall be for one hundred 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.

(j) Except as provided in subdivision (2) of this subsection, (1) any person who violates any provision of this section shall for a first offense, be guilty of a class C misdemeanor, and each animal taken or possessed in violation of any provision of this section shall constitute a separate offense, and for any subsequent offense, be guilty of a class B misdemeanor, and each animal taken or possessed in violation of this section shall constitute a separate offense; and (2) any person who violates any regulation concerning sport fishing for blue crabs 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 in accordance with the provisions of section 51-164n.

(k) Until regulations identifying limited access licenses are adopted the following commercial fishing licenses shall be limited access licenses and shall be issued only to persons who held such license at any time from June 1, 1995, to December 31, 2003, inclusive: Commercial lobster pot fishing, principal commercial fishing, and general commercial fishing.

Conn. Gen. Stat. § 26-142a

(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; P.A. 11-80, S. 1; June 12 Sp. Sess. P.A. 12-2, S. 67; P.A. 13-83, S. 5, 6; P.A. 15-52, S. 2.)

Amended by P.A. 15-0052, S. 2 of the Connecticut Acts of the 2015 Regular Session, eff. 1/1/2016.

Cited. 23 C. 272.