Substitute House Bill No. 6626

Public Act No. 99-266

An Act Concerning Commercial and Marine Fisheries Management.

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

Section 1. Section 26-142b of the general statutes is repealed and the following is substituted in lieu thereof:

Notwithstanding any other provision of law, the Commissioner of Environmental Protection, from May 31, 1995, until December 31, [1999] 2001, shall issue resident and nonresident commercial finfish [, and] licenses, commercial fishing licenses, and purse seine registrations under section 26-142a 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 the effective date of this act 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, [and] granddaughters, 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, [any] 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.

Sec. 2. Subsection (b) of section 26-157a of the general statutes is repealed and the following is substituted in lieu thereof:

(b) All lobster pots, traps or similar devices for the catching of lobsters shall be suitably identified by having legibly branded on the top of the pot, or trap or similar device and painted or branded on the float in letters or figures not less than three-quarters of an inch in height the number of the license issued by the commissioner to the owner of such pot, trap or similar device for the taking of lobsters. All lobster pots, traps or similar devices not marked as [herein] provided in this subsection and all lobsters found in such lobster pots, traps or similar devices may be seized by any authorized representative of the department and disposed of as determined by the commissioner. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, governing a lobster management plan. Such regulations shall be consistent with the Atlantic State Marine Fisheries Commission's lobster management plan. Such regulations shall not include any fee related to the development or implementation of such plan. Following adoption of the regulations in this subsection, the commissioner may charge a fee for a tag to be attached or affixed to each pot, trap or similar device. Such fee shall be consistent with the cost of the tag which shall be provided by a person selected in accordance with section 4a-57. In addition to such fee, the commissioner may charge up to three cents per tag for the administrative costs of the development and implementation of such plan.

Sec. 3. Section 26-169 of the general statutes is repealed and the following is substituted in lieu thereof:

No person shall draw, set or use any net, seine, pound net or set net in any of the waters of Long Island Sound or in any creek or tributary thereof lying north and west of a line drawn from the southeasterly point of Hay Island in the town of Darien to the southeasterly point of Indian Rocks and thence to the southeasterly point of Great Island in said town. No person shall draw, set or use any net, seine, pound net or fyke or set net in any of the waters of Long Island Sound or in any river or creek or tributary thereof lying north of a line drawn from the extreme southerly end of Collender's or Long Neck Point in the town of Darien to the extreme southerly end of Greenwich Point in the town of Greenwich, except in fishing for killies, shiners or shrimp with a net or seine not exceeding thirty feet in length, or in fishing for menhaden for personal use with a seine [having a mesh not less than two inches square] or gill net.

Approved June 29, 1999

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