2018 Connecticut General Statutes
Title 26 - Fisheries and Game
Chapter 490 - Fisheries and Game
Section 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 Energy and 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 and marking of commercial fishing gear, including boats used to conduct activities authorized pursuant to section 26-142a; (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, be fined two hundred dollars for each fish taken or possessed for the second violation and be fined five hundred dollars for each fish taken or possessed or imprisoned not more than thirty days, or both for each subsequent violation. 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; P.A. 11-80, S. 1; P.A. 12-80, S. 139; P.A. 13-83, S. 7.)
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); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 12-80 rephrased penalty provision re taking of striped bass and amended same by decreasing maximum term of imprisonment for subsequent violation from 60 days to 30 days; P.A. 13-83 amended Subdiv. (10) to add provisions re regulating marking of commercial fishing gear, including boats used to conduct activities authorized pursuant to Sec. 26-142a, effective October 1, 2014.
