Sec. 26-167. Stealing fish, lobsters or equipment. Penalty.
Sec. 26-167. Stealing fish, lobsters or equipment. Penalty. No person except
the licensed owner, an authorized licensed agent of the owner, the commissioner or
authorized agents of the department or law enforcement officers empowered to serve
criminal process shall remove or attempt to remove any fish or lobster from any pound,
weir, net, pot or other device used for the purpose of taking or retaining fish or lobsters.
No person shall have in his possession or set or cause to be set any trap, pot or other
device for taking fish or lobsters which belong to another without having written authorization from the owner or his authorized agent. Any trap, pot or other device so set and
not identified by the owner's number, which shall be assigned by the commissioner,
shall, for the purpose of this section, be considered prima facie evidence of having been
stolen or illegally possessed by the person setting the same. Any unauthorized person
who lifts, raises, draws or molests, or assists in so doing, any trap, pot or other device
set for the purpose of taking fish or lobsters, or steals any fish or lobster therefrom except
as provided herein, shall be fined not more than two hundred dollars or be imprisoned
not more than six months or both. Any trap, pot or other device and accessories thereto
used in violation of this section shall be forfeited to the state and shall be sold or otherwise
disposed of by the commissioner or his authorized agent.
(1949 Rev., S. 4980; 1971, P.A. 872, S. 330; P.A. 79-125.)
History: 1971 act replaced references to board of fisheries and game, its director, members and their agents with
references to environmental protection department and commissioner and their agents; P.A. 79-125 increased maximum
fine from $100 to $200.
Intent of statute is to make fish or lobsters which have been caught the subject of larceny and it is not essential to prove
the identity of the owner of the stolen property. 37 CS 809.