Sec. 26-72. Regulation of trapping of fur-bearing animals.
Sec. 26-72. Regulation of trapping of fur-bearing animals. The commissioner
may, after notice and public hearing conducted in the manner prescribed by section 26-67, issue regulations governing and prescribing the taking of all species of fur-bearing
animals by use of traps within the state. Such regulations may (1) establish the open
and closed seasons, (2) establish the legal hours, (3) prescribe the legal methods that
may be used, including size, type and kind of traps and the type and kind of bait and
lures, (4) designate the places where traps may be placed and set and the conditions
under which the placing and setting of traps will be legal, (5) establish the daily bag
limit and the season bag limit, (6) assess a reasonable fee, or develop a comparable
equitable plan, for season trapping rights on state-owned property. Assignment of such
rights for specific areas may be determined by drawing or by the order in which requests
therefor are recorded as received in the office of the commissioner when there is a set
fee for such areas, or the method of high bid may be used. No person shall set, place or
attend any trap upon the land of another without having in his possession the written
permission of the owner or lessee of such land, or his agent, and no person shall set,
place or attend any trap not having the name of the person using such trap legibly stamped
thereon or attached thereto; provided the owner or legal occupant of such land or such
person as he designates may set, place or attend any legal steel trap in any place within
a radius of one hundred feet of any permanent building located on such land. No person
who sets, places or attends any trap shall permit more than twenty-four hours to elapse
between visits to such trap; provided, if such twenty-four-hour period expires before
sunset, the person who set such trap shall have until sunset to visit the same. No person
shall place, set or attend any snare, net or similar device capable of taking or injuring
any animal. The pelt of any fur-bearing animal legally taken may be possessed, sold or
transported at any time. Upon demand of any officer having authority to serve criminal
process or any representative of the Department of Environmental Protection, any person
in possession of any such pelt shall furnish to such officer or such representative satisfactory evidence that such pelt was legally taken or acquired. No provision hereof shall be
construed as prohibiting any landowner or lessee of land used for agricultural purposes
or any citizen of the United States, or any person having on file in the court having
jurisdiction thereof a written declaration of his intention to become a citizen of the
United States, who is regularly employed by such landowner or lessee, from pursuing,
trapping and killing at any time any fur-bearing animal, except deer, which is injuring
any property, or the owner of any farm or enclosure used for breeding or raising any
legally acquired fur-bearing animal who has a game breeder's license issued by the
commissioner or a fur breeder's license issued by the Livestock Division of the Department of Agriculture, from taking or killing any such animal legally in his possession at
any time or having in possession any pelt thereof. No person shall molest, injure or
disturb any muskrat house or den at any time. Any fur-bearing animal legally taken
alive may be possessed by the person taking the same, provided he shall notify the
commissioner in a writing signed by him stating the species and sex of such animal, the
date and the name of the town where such animal was taken and the specific address
where such animal will be kept. Any representative of the department may at any time
inspect such animal and the enclosure or other facilities used to hold such animal and
make inquiry concerning the diet and other care such animal should have and if, in the
opinion of the commissioner or such representative, such animal is not being provided
adequate or proper facilities or care, such animal may be seized by such representative
of the department and be disposed of as determined by the commissioner. Fur-bearing
animals taken alive, as herein provided, shall not be sold or exchanged, provided the
person who legally possesses such animal may apply to the commissioner for a game
breeder's license or to the Livestock Division of the Department of Agriculture for a
fur breeder's license and when so licensed he may breed such animal and the progeny
thereof, and such issue when three generations removed from the wild may be sold or
exchanged alive or dead. Any trap illegally set and any snare, net or similar device
found placed or set in violation of the provisions of this section shall be seized by
any representative of the department and, if not claimed within twenty-four hours, the
commissioner may order such trap, snare, net or other device destroyed, sold or retained
for use by the commissioner. Any person who violates any provision of this section or
any regulation issued by the commissioner shall be fined not more than two hundred
dollars or be imprisoned not more than sixty days or both. Whenever any person is
convicted, or forfeits any bond, or has his case nolled upon the payment of any sum of
money, or receives a suspended sentence or judgment for a violation of any of the
provisions of this section or any regulation issued hereunder by the commissioner, all
traps used, set or placed in violation of any such provisions or any such regulation may,
by order of the trial court, be forfeited to the state and may be retained for use by the
department or may be sold or destroyed at the discretion of the commissioner. The
proceeds from any such sale shall be paid to the State Treasurer and by him credited to
the General Fund.
(1955, S. 2483d; 1959, P.A. 398, S. 12; 1971, P.A. 872, S. 267; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)
History: 1959 act required that proceeds from sale of forfeited traps be credited to general fund rather than to game
fund; 1971 act substituted references to commissioner and department of environmental protection for references to board
of fisheries and game and its director; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department
of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A.
03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
See chapter 54 re uniform administrative procedure.
See Sec. 22-12b re licensing of fur breeders and issuance of special import or export permits for disease control.
Cited. 33 CS 510.