Sec. 26-159a. Regulations concerning certain sport and commercial fishing in the marine district and possession of certain species. Penalty.
Sec. 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 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 of commercial fishing gear,
including boats; (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, two hundred
dollars for each fish taken or possessed for the second violation and for each subsequent
violation shall be fined five hundred dollars for each fish taken or possessed or imprisoned not more than sixty days or both. 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.)
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).
See chapter 54 re uniform administrative procedure.