Sec. 26-157b. Reports. Penalty.
Sec. 26-157b. Reports. Penalty. (a) Each person who engages in commercial fishing in the waters of this state, lands lobsters, sea scallops, finfish, crabs, including horseshoe crabs, squid or bait species for commercial purposes in this state regardless of
where such species are taken, operates as a seafood dealer or holds any commercial
fishing license issued by the commissioner, license to take lobsters for personal use,
license to take menhaden 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 or pound net registration shall report information to the commissioner
that the commissioner deems necessary at intervals and by methods the commissioner
deems necessary. 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, crabs,
including horseshoe crabs or bait species 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 1-210 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 any identifiable fishery record or fishery sampling information provided or submitted
voluntarily or received by the department upon request of the commissioner, without
the consent of the person making the report or providing the information, 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.
(P.A. 74-348, S. 3, 11; P.A. 79-293, S. 3, 6; P.A. 80-386, S. 3, 4; P.A. 83-479, S. 1, 6; P.A. 85-27, S. 1, 2; P.A. 93-100,
S. 2, 4; P.A. 97-79; P.A. 00-196, S. 56; P.A. 01-150, S. 3; P.A. 04-97, S. 2.)
History: P.A. 79-293 made provisions applicable to those holding license to land lobster, purse seine registration or
pound net registration, substituted "finfish" for "fish" and required report of "the area fished" and "the effort expended";
P.A. 80-386 added requirements for reports by holders of party, head or charter boat registrations; P.A. 83-479 required
reports by licensees to land "finfish, crabs, including blue crabs or squid", authorized commissioner to request information
other than that specifically cited by section and added Subsec. (b) re confidentiality of information; P.A. 85-27 amended
Subsec. (b) by extending confidentiality to information voluntarily submitted to the commissioner; P.A. 93-100 amended
Subsec. (a) to add reporting requirements for certain additional species, inserted new Subsec. (b) to provide for a penalty
for violation of this section and renumbered the former Subsec. (b) as (c), effective July 1, 1993; P.A. 97-79 provided for
voluntary reporting of certain information by certain licensees, provided for confidentiality with regard to such information
and made technical changes; P.A. 00-196 deleted "purse seine registration" in Subsec. (a); P.A. 01-150 amended Subsec.
(a) to extend reporting requirements to persons who engage in commercial fishing in the waters of the state, persons who
land lobsters, sea scallops, finfish, crabs or squid for commercial purposes in this state regardless of where taken, persons
who purchase finfish, lobsters, crabs, sea scallops, squid or bait from commercial fishermen for resale and persons with a
license to take menhaden for personal use; P.A. 04-97 amended Subsec. (a) to add persons operating as seafood dealers
and those engaged in commercial fishing for horseshoe crabs and bait species to those required to report information to
commissioner and to make conforming changes, and amended Subsec. (c) to specify identifiable fishery record or fishery
sampling information voluntarily provided or received by department as not subject to disclosure without consent of person
providing the information, effective May 10, 2004.