State Codes and Statutes
Statutes > Connecticut > Title26 > Chap490 > Sec26-157aSec. 26-157a. Lobster management program. (a) All live cars or other devices in which lobsters are kept in the water, after having been removed from the pots, traps or trawls in which they were caught shall have branded thereon, 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 live car or other device for the taking of lobsters. All live cars and other devices not marked as herein provided and all lobsters found in such live cars or other devices may be seized by any authorized representative of the department and disposed of as determined by the commissioner. Authorized representatives of the commissioner may enter upon the premises of lobster fishermen and lobster dealers at any time to inspect lobsters, lobster pots, traps, trawls, pounds, tanks and other devices used for taking and holding lobsters to determine that the provisions of this section are being complied with.
(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 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.
(c) No person shall bring ashore in this state or possess on the waters of this state, live lobsters unless licensed to take lobsters in Connecticut waters except such lobsters as were legally brought into such waters from ashore or were obtained from a person licensed to take such lobsters; provided, the commissioner may issue a landing license for the landing and selling in this state of live lobsters, to residents of states which do not issue nonresident commercial fishing licenses, provided such lobsters were taken in waters where such nonresidents were licensed to take such lobsters.
(d) No person shall bring ashore in this state or possess on the waters of this state any portion of a lobster including lobster meat, lobster claws, lobster tails or other parts, except as were legally brought into such waters from ashore or except for immediate personal consumption.
(e) No person shall set, tend or assist in setting or tending any lobster pot, trap or similar device for the catching of lobsters or set any mooring on any oyster bed without the permission of the owner or lessee of such bed.
(f) Any person who violates any provision of this section, section 2 of public act 85-434* or any regulation adopted in accordance with section 26-157c shall be fined not less than twenty-five dollars nor more than two hundred dollars or be imprisoned not more than thirty days or both, for each offense and each lobster taken or possessed, and each net, pot, trap, trawl, spear or similar device used in violation of any provision of this section, section 2 of public act 85-434* or any regulation adopted in accordance with section 26-157c shall constitute a separate offense, except that any person who violates any provision of section 2 of public act 85-434* or any regulation adopted in accordance with section 26-157c shall be fined twenty-five dollars for each lobster taken or possessed for the first violation, fifty dollars for each lobster taken or possessed for the second violation and for each subsequent violation shall be fined one hundred dollars for each lobster taken or possessed. No part of any fine imposed pursuant to this subsection shall be remitted.
(P.A. 74-348, S. 2, 11; P.A. 75-630; P.A. 83-262, S. 2-4; 83-479, S. 4, 6; P.A. 84-543, S. 1-3; 84-546, S. 76, 173; P.A. 85-175; 85-434, S. 3, 6; P.A. 86-403, S. 61, 132; P.A. 99-266, S. 2.)
*Note: Section 2 of public act 85-434 which restricted the taking, possession, buying and selling of lobsters, provided for a trip limit and prohibited the use of otter trawls in part of Long Island Sound at night, was temporary in nature and therefore not codified.
History: P.A. 75-630 added proviso in Subsec. (e); P.A. 83-262 amended Subsec. (a) to prohibit before July 1, 1985, the possession of more than one hundred lobsters by persons trawling west of longitude seventy-three degrees and amended Subsec. (i) to set definite fines for first, second and third violations in provisions concerning taking lobsters less than the legal length or possession of more than one hundred lobsters taken by trawling; P.A. 83-479 amended Subsec. (e) to replace "commercial" with "landing" license and to delete fee requirement; P.A. 84-543 amended Subsec. (a) by adding provisions prohibiting the transfer of lobsters from vessels using an otter trawl, beam trawl or similar device and making possession of such devices prima facie evidence of use; and amended Subsec. (i) by increasing the penalty for any violation of Subsec. (a) and prohibiting remission of any fine; P.A. 84-546 made technical change in Subsec. (e); P.A. 85-175 amended Subsec. (h) to prohibit the placement of lobster pots on oyster beds without permission of bed owner or lessee but did not take effect, having been repealed by implication by P.A. 85-434; P.A. 85-434 deleted Subsecs. (a), (b), (g) and (h) governing the taking of lobsters and relettered the remaining Subsecs. and made violations of regulations subject to the penalties established by the section; P.A. 86-403 made technical changes and inserted provision originally enacted by P.A. 85-175 as Subsec. (e), relettering former Subsec. (e) as (f); P.A. 99-266 amended Subsec. (b) to authorize regulations to implement a lobster management plan and a fee for management tags.
Subsec. (a):
Cited. 9 CA 228.
