Substitute Senate Bill No. 381

Public Act No. 00-189

An Act Concerning Transfer Of Commercial Lobster Licenses.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 26-142b of the general statutes, as amended by section 1 of public act 99-266, is repealed and the following is substituted in lieu thereof:

(a) Notwithstanding any other provision of law, the Commissioner of Environmental Protection, from May 31, 1995, until December 31, 2001, shall issue resident and nonresident commercial finfish licenses, commercial fishing licenses, and purse seine registrations under section 26-142a, as amended, only to persons who held such a license or registration at any time from January 1, 1980, to June 1, 1995, inclusive, provided, if such license holder or registrant is incapacitated or unable to operate a vessel, the commissioner may reissue a license or registration to a member of such license holder or registrant's immediate family or to a member of such license holder or registrant's crew, as designated by such license holder or registrant, on a temporary basis not to exceed the duration of such incapacity or inability. Such temporary license or registration shall be subject to the provisions of said section 26-142a. Upon the death of a license holder or registrant or relinquishment of the license or registration between October 1, 1999, and December 31, 2001, the commissioner, in accordance with the provisions of this section, may issue a new license or registration of the same type to a member of such license holder or registrant's immediate family who shall be designated by such license holder or registrant on the form provided by the commissioner for application for, or renewal of, such license or registration. Such form shall include a space in which the designation may be indicated. The commissioner shall allow transfers upon death or relinquishment only in cases of transfers from license holders or registrants who fished in 1998 and landed any amount of fish under a valid license issued by the commissioner and in the twelve months immediately preceding the date of the request. Such request shall be made to the commissioner in writing. In the case of relinquishment of license, the original license holder or registrant shall become ineligible to obtain a new or renewal license or registration of said type but shall be allowed to recover the license or registration upon the death of the recipient family member or the relinquishment of the license or registration by the recipient. For the purposes of this section, active fishing shall be determined by inspection of commercial fishery catch data submitted in accordance with section 26-157b. No transfer of a license may be made while such license is under suspension. Immediate family shall include spouses, [fathers, sons, brothers, sisters, mothers, daughters, grandfathers, grandmothers, grandsons, granddaughters,] parents, children, siblings, grandparents, grandchildren, nieces, nephews or the spouses of any such family member. Such reissued license or registration shall be subject to the provisions of said section 26-142a. If such license holder or registrant has not designated a family member to whom the license or registration may be issued, one such family member may apply in the manner otherwise provided by law in order to obtain a license or registration under said section 26-142a.

(b) Notwithstanding the requirements of this section, from the effective date of this act until October 1, 2002, an active commercial fishing license for lobster issued pursuant to subsection (c) of section 26-142a, as amended, may, upon notice to the commissioner, be transferred, without remuneration, to any person who has not had a commercial fishing license, registration or vessel permit suspended within the preceding twelve months or revoked, provided the person transferring the license held the license and landed lobsters in at least three calendar years between January 1, 1995, and June 8, 1998, and reported such lobster catch to the commissioner pursuant to section 26-157b. The person to whom such license is transferred shall be limited to the number of pots actively fished and reported during said period, except that a transferee who currently holds a commercial fishing license for lobster issued pursuant to subsection (c) of section 26-142a, as amended, shall be limited to the number of pots actively fished and reported during said period under either the currently held license or the transferred license, whichever is greater.

Sec. 2. This act shall take effect from its passage.

Approved May 26, 2000