Chapter 490. Fisheries and Game.
Part I. Definitions
§ 26-1 . Definitions
Part III. Licenses and Permits
§ 26-40a . Possession of potentially dangerous animal. Exemptions. Seizure, relocation and disposal. Penalties
§ 26-54 . Permits for custodians of protected birds and quadrupeds
§ 26-55 . Permit for importing, introducing into state, possessing or liberating live fish, wild birds, wild mammals, reptiles, amphibians and invertebrates. Regulations. Exemptions. Seizure, relocation and disposal. Penalties
§ 26-61 . Suspension of license, registration or permit. Restoration. Fines
Words and terms used in this chapter shall be construed as follows:
(1) “Animal” includes birds, quadrupeds, reptiles and amphibians.
(2) “Bait species” means all species of fish, frogs, crustaceans and insects listed as bait in the regulations issued by the Commissioner of Energy and Environmental Protection.
(3) “Black bass” means smallmouth bass (Micropterus dolomieu) and largemouth bass (Micropterus salmoides).
(4) Repealed.
(5) “Closed season” means that period of time during which hunting, trapping or fishing is prohibited for any species of wildlife.
(6) “Commercial fisherman” means any person, firm or corporation engaged in commercial fishing.
(7) “Commercial fishing” means taking or attempting to take any regulated species for commercial purposes or by the use of any commercial fishing gear.
(8) “Commercial fishing gear” means any equipment commonly used to take regulated species for commercial purposes including, but not limited to, lobster pots, otter trawls, beam trawls, balloon trawls, midwater trawls, sea scallop dredges, scoop nets, scap nets, seines, trap nets, fyke nets, crab traps, gill nets, trammel nets, set lines, long lines, hook and line if such fishing is conducted for commercial purposes, minnow seines, minnow traps, eel pots, fish pots, pound nets, throw nets or similar devices and any equipment listed as commercial fishing gear in regulations adopted by the Commissioner of Energy and Environmental Protection.
(9) “Commercial hatchery” means an institution or place where legally acquired fish are held, hatched and reared for sale or where fish so acquired or hatched are reared or held for sale in waters which are under complete control of the owner.
(10) “Daily bag, catch or creel limit” means the quantity or number of wildlife allowed to be taken during the period from 12: 01 a. m. to 12: 00 midnight as provided by this chapter or by regulations made by the Commissioner of Energy and Environmental Protection.
(11) “Grouse” includes ruffed grouse, partridge and spruce grouse.
(12) “Hunting” means pursuing, shooting, killing and capturing any bird, quadruped or reptile and attempting to pursue, shoot, kill and capture any bird, quadruped or reptile, whether such act results in taking or not, including any act of assistance to any other person in taking or attempting to take any such animal.
(13) “Quadruped” means any four-legged animal which is ferae naturae or wild by nature, although such animal may be enclosed and considered a pet or semidomesticated, but shall exclude purely domesticated animals.
(14) “Pickerel” means the chain pickerel (Esox niger), not the dwarf species referred to variously as the banded pickerel (Esox americanus), grass pike, grass pickerel, mud pike or brook pickerel.
(15) “Private waters” means a natural or artificial pond or lake to which the owner, not a corporation, partnership or voluntary association, has exclusive right of access, of which water supply all sources are located substantially within the property of the owner, to which fish do not have access from waters not under the control of such owner or from water stocked at the expense of the state, except that a natural or artificial pond five acres or less in extent may be owned by an individual, a corporation, partnership or voluntary association and, when meeting the other requirements of this subsection, such pond may be registered as private waters.
(16) “Regulated species” means the following species or species groups: Bait species, crustacea, finfish, horseshoe crabs, sea scallops, squid or whelk.
(17) “Seafood dealer” means (A) a person, firm or corporation, other than the ultimate consumer, who purchases, ships, consigns, transfers, transports, barters, accepts or packs any regulated species, except bait species directly from a commercial fisherman for resale, or (B) a commercial fisherman who sells, ships, consigns, transfers or barters his or her own catch of such species to anyone other than a seafood dealer.
(18) “Set line” means a line fastened between two points, to which is attached a number of smaller lines with hooks attached, but a single line not personally attended may constitute a set line.
(19) “Sport fishing” means taking or attempting to take any regulated species whether from salt, brackish or fresh water by any method other than by commercial methods specified by law and regulations of the Commissioner of Energy and Environmental Protection for commercial purposes.
(20) “Taking” means shooting, pursuing, hunting, fishing, killing, capturing, trapping, snaring, hooking and netting any species of wildlife and attempting to shoot, pursue, hunt, fish, kill, capture, trap, snare, hook, net or catch any species of wildlife or any act of assistance to any other person in taking or attempting to take such wildlife whether or not such act results in the capture of any such wildlife.
(21) “Trapping” means pursuing, killing and capturing by use of any trap, snare, net or other device any bird or wild or domestic quadruped, excluding rats, mice, moles and reptiles, whether such act results in taking or not, including any act of assistance to any other person in taking or attempting to take any such animal by any such method.
(22) “Trout and salmon” includes brook trout or speckled trout, brown trout, rainbow trout, lake trout, Atlantic salmon, kokanee or sockeye salmon, coho salmon, chinook salmon or any hybrid of any two or more of these species.
(23) “Wildlife” means all species of invertebrates, fish, amphibians, reptiles, birds and mammals which are ferae naturae or wild by nature.
Credits
(1949 Rev., §§ 4846, 4962; 1949, Supp. § 475a; 1953, Supp. § 1849c; 1955, Supp. §§ 2438d, 2439d, 2440d, 2539d; 1957, P.A. 504, § 1; 1971, P.A. 872, §§ 152, 207, eff. Oct. 1, 1971; 1975, P.A. 75-274, §§ 1, 2; 1979, P.A. 79-293, § 1, eff. Jan. 1, 1980; 1985, P.A. 85-53, § 1; 1994, P.A. 94-110, § 1, eff. Oct. 1, 1994; 2000, P.A. 00-196, § 54; 2004, P.A. 04-97, § 1, eff. May 10, 2004; 2011, P.A. 11-80, § 1, eff. July 1, 2011; 2013, P.A. 13-83, § 1, eff. June 5, 2013; 2015, P.A. 15-52, § 1, eff. Jan. 1, 2016.)
§ 26-40a. Possession of potentially dangerous animal. Exemptions. Seizure, relocation and disposal. Penalties
(a) No person shall possess a potentially dangerous animal. For the purposes of this section, the following wildlife, or any hybrid thereof, shall be considered potentially dangerous animals:
(1) The felidae, including, but not limited to, the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx and bobcat;
(2) The canidae, including, but not limited to, the wolf, and coyote;
(3) The ursidae, including, but not limited to, the black bear, grizzly bear and brown bear; and
(4) The hominidae, including, but not limited to, the gorilla, chimpanzee and orangutan.
(b) A primate that weighs less than thirty-five pounds at maturity and that was imported or possessed by a person in this state prior to October 1, 2010, shall not be considered a potentially dangerous animal pursuant to this section.
(c) Any such animal illegally possessed may be ordered seized and may be relocated or disposed of as determined by the Commissioner of Energy and Environmental Protection. The Department of Energy and Environmental Protection shall issue a bill to the owner or person in illegal possession of such potentially dangerous animal for all costs of seizure, care, maintenance, relocation or disposal of such animal. Additionally, any person who violates any provision of this section shall be assessed a civil penalty not to exceed two thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Commissioner of Energy and Environmental Protection may request the Attorney General to institute an action in Superior Court to recover such penalty and any amounts owed pursuant to a bill issued in accordance with this section and for an order providing such equitable and injunctive relief as the court deems appropriate.
(d) The provisions of this section shall not apply to municipal parks, public nonprofit aquaria or zoos, accredited by the Association of Zoos and Aquariums or the Zoological Association of America, nature centers, museums, or exhibitors licensed or registered with the United States Department of Agriculture or laboratories and research facilities maintained by scientific or educational institutions licensed or registered with the United States Department of Agriculture, any licensed veterinarian for the purpose of treatment and care of such animal, or to any person who possesses a breed of felidae certified by The International Cat Association, the Cat Fanciers Association or the American Cat Fanciers Association.
(e) Any person who wilfully violates any provision of subsection (a) of this section shall be guilty of a class A misdemeanor.
Credits
(1967, P.A. 344; 1983, P.A. 83-191, § 2, eff. May 23, 1983; 1996, P.A. 96-243, § 5, eff. June 6, 1996; 2003, P.A. 03-192, § 2; 2003, June 30 Sp.Sess., P.A. 03-6, § 146, eff. July 1, 2004; 2004, P.A. 04-189, § 1, eff. June 1, 2004; 2004, P.A. 04-257, § 95, eff. July 1, 2004; 2009, P.A. 09-198, § 1; 2011, P.A. 11-80, § 1, eff. July 1, 2011; 2012, P.A. 12-105, § 3; 2013, P.A. 13-83, § 10, eff. June 5, 2013.)
§ 26-54. Permits for custodians of protected birds and quadrupeds
The commissioner may appoint as custodians persons who may have in their possession injured, sick or immature birds or quadrupeds until such time as they can be released, and he may issue permits without fee authorizing possession of legally acquired wild birds or quadrupeds as pets or for the purpose of training dogs. The commissioner may regulate the number and species of birds or animals to be held under such permits and the type and size of pens used in their confinement and their care and feeding. The commissioner, in the interest of protecting other game, domestic birds or quadrupeds or the public health and safety, or for a violation of any regulation under which the permit was granted, may revoke such permit and may confiscate birds or animals possessed by the permittee and may destroy such birds or animals when, in his opinion, such action is advisable. Such permits shall expire December thirty-first of each year and may be renewed each year. The commissioner may require such annual reports from such permittees as he deems advisable. Any person who possesses any such bird or quadruped for any of such purposes unless so authorized by the commissioner shall be fined not more than one hundred dollars.
CREDIT(S)
(1949 Rev., § 4860; 1953, Supp. § 1858c; 1955, Supp. § 2452d; 1971, P.A. 872, § 250; 1973, P.A. 73-20, § 1, eff. March 30, 1973.)
§ 26-55. Permit for importing, introducing into state, possessing or liberating live fish, wild birds, wild mammals, reptiles, amphibians and invertebrates. Regulations. Exemptions. Seizure, relocation and disposal. Penalties
(a) Except as provided in subsection (c) of this section, no person shall import or introduce into the state, or possess or liberate therein, any live fish, wild bird, wild mammal, reptile, amphibian or invertebrate unless such person has obtained a permit therefor from the commissioner. Such permit may be issued at the discretion of the commissioner under such regulations as the commissioner may prescribe. The commissioner shall by regulation prescribe the numbers of live fish, wild birds, wild mammals, reptiles, amphibians or invertebrates of certain species which may be imported, possessed, introduced into the state or liberated therein. The commissioner may by regulation exempt certain species or groups of live fish from the permit requirements. The commissioner shall by regulation determine which species of wild birds, wild mammals, reptiles, amphibians or invertebrates must meet permit requirements. The commissioner may totally prohibit the importation, possession, introduction into the state or liberation therein of certain species which the commissioner has determined may be a potential threat to humans, agricultural crops or established species of plants, fish, birds, mammals, reptiles, amphibians or invertebrates. The commissioner shall by regulation exempt from permit requirements organizations or institutions such as municipal parks, zoos, laboratories and research facilities maintained by scientific or educational institutions, museums, public nonprofit aquaria or nature centers where live fish, wild birds, wild mammals, reptiles, amphibians or invertebrates are held in strict confinement. For the purpose of this subsection and any regulation adopted pursuant to this subsection, ferrets (Mustela putorius), hedgehogs of the family Erinaceidae, genera Atelerix, sugar gliders (Petaurus breviceps) and degu (Octodon degus) shall not be deemed to be wild mammals.
(b) Any such fish, bird, mammal, reptile, amphibian or invertebrate illegally imported into the state or illegally possessed therein may be seized by any representative of the Department of Energy and Environmental Protection and may be relocated or disposed of as determined by the commissioner. The Department of Energy and Environmental Protection shall issue a bill to the owner or person in illegal possession of such animal for all costs of seizure, care, maintenance, relocation or disposal for such animal.
(c) Except as provided in subsection (e) of this section, any person who violates any provision of this section or any regulation adopted by the commissioner pursuant to this section shall be assessed a civil penalty not to exceed one thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense. In the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Commissioner of Energy and Environmental Protection may request the Attorney General to institute an action in Superior Court to recover such civil penalty and any amounts owed pursuant to a bill issued in accordance with subsection (b) of this section and for an order providing such equitable and injunctive relief as the court deems appropriate.
(d) Any person who wilfully violates any provision of this section or any regulation adopted by the commissioner pursuant to this section shall be guilty of a class C misdemeanor.
(e) Any person who imports, introduces into this state, possesses or liberates live fish or aquatic nuisance invertebrates, in violation of the provisions of this section or any regulation adopted pursuant to this section, shall have committed an infraction and be fined not more than eighty-five dollars. The importation, possession or liberation of each live fish or aquatic nuisance invertebrate shall be a separate and distinct offense. In the event of a continuing violation, each day of continuance shall be a separate and distinct offense.
Credits
(1949 Rev., § 4861; 1955, Supp. § 2453d; 1967, P.A. 169; 1971, P.A. 174; 1971, P.A. 872, § 251; 1977, P.A. 77-109, § 1, eff. May 12, 1977; 1985, P.A. 85-53, § 4; 1989, P.A. 89-218, § 1, eff. June 6, 1989; 2003, P.A. 03-192, § 3; 2003, June 30 Sp.Sess., P.A. 03-6, § 242; 2004, P.A. 04-97, § 5, eff. May 10, 2004; 2004, P.A. 04-257, § 42, eff. June 14, 2004; 2009, P.A. 09-198, § 2; 2011, P.A. 11-80, § 1, eff. July 1, 2011; 2012, P.A. 12-105, § 4; 2013, P.A. 13-83, §§ 2, 3, eff. June 5, 2013.)
§ 26-61. Suspension of license, registration or permit. Restoration. Fines
(a) Upon the complaint of any person concerning an alleged violation of any provision of this chapter, any regulation issued by the commissioner or any regulation issued by the United States Fish and Wildlife Service under the provisions of section 26-91 or any of the provisions of section 53-204, 53-205, 53a-109, 53a-115, 53a-116 or 53a-117, the commissioner may suspend, after notice and hearing in accordance with the provisions of chapter 54,1 with respect to the person who is the subject of the complaint, any license, registration or permit issued pursuant to this chapter to such person or such person's right to obtain any such license, registration or permit for not more than one year, and such license, registration or permit, together with the flag or other insignia issued by the commissioner, shall be surrendered to the commissioner or his authorized agent.
(b) Upon the conviction of any person for any violation of any provision of this chapter, any regulation issued by the commissioner or any regulation issued by the United States Fish and Wildlife Service under the provisions of section 26-91 or any of the provisions of section 53-204, 53-205, 53a-109 or 53a-115 to 53a-117, inclusive, or upon the forfeiture of any bond taken upon any complaint, or upon the payment of any fine for an infraction pursuant to section 51-164n, a license, registration or permit issued pursuant to this chapter to such person by the commissioner and the right to obtain any such license, registration or permit may, for a first violation or infraction, be suspended by the commissioner for not more than one year, and such permit, license or registration, together with the flag or other insignia issued by the commissioner, shall be surrendered to the commissioner or his authorized agent, except that for a violation of any provision of section 26-85 such permit or license or the privilege to obtain such permit or license shall be suspended for not less than one year nor more than two years. For a second violation of any of said laws or regulations the commissioner may suspend any such permit, license or registration and the right to obtain any such permit, license or registration for not more than two years, except that for a second violation of any provision of section 26-85 the suspension period shall be not less than two years nor more than five years; for a third violation or infraction the commissioner may suspend any such permit, license or registration and the right to obtain any such permit, license or registration for not more than three years, except that for a third violation of any provision of section 26-85 the suspension period shall be not less than five years and may be indefinite; and for a fourth violation or infraction within a period of ten years, the commissioner may suspend any such permit, license or registration and the right to obtain any such permit, license or registration for an indefinite period. Any person cited for violation of any provision of this chapter, any regulation issued by the commissioner or any regulation issued by the United States Fish and Wildlife Service under the provisions of section 26-91 or any of the provisions of section 53-204, 53-205, 53a-109, 53a-115, 53a-116 or 53a-117 who fails to appear in court or fails to pay or plea to an issued infraction, as required, and for whom an arrest warrant is issued for such violation, shall have his or her license suspended by the commissioner until such fine is paid or otherwise adjudicated in court. Upon the conviction of any person or upon the payment of any fine for an infraction pursuant to section 51-164n, for a violation of any statute or any regulation issued by the commissioner concerning hunting in proximity to buildings occupied by persons or domestic animals or used for storage of flammable or combustible materials or any statute or regulation regarding shooting towards persons, buildings or animals, the commissioner shall suspend any hunting license issued pursuant to this chapter to such person, or such person's right to obtain any such license, for a period of one year, and such license shall be surrendered to the commissioner or his authorized agent; for a second such conviction or upon the payment of a fine for a second such infraction within a period of five years, the commissioner shall suspend any such license for a period of not less than two years.
(c) Any person who, under any provision of this section, has a permit, license or registration voided or suspended or has a privilege to obtain any one or more of such permits, licenses or registrations voided or suspended may apply to the commissioner for the restoration or reinstatement of one or more of such permits, licenses or registrations or his privilege to obtain any such permit, license or registration, and the commissioner may hear such application and may restore or reinstate one or more of such permits, licenses or registrations or the privilege to obtain any such permit, license or registration.
(d) (1) Except as provided in subdivision (2) of this subsection, any person who procures any permit, license or registration to which he is not entitled or engages in fishing, hunting or trapping during the period when his permit, license or registration is voided or suspended shall be fined not less than one hundred dollars or more than two hundred dollars and all fishing, hunting or trapping permits, licenses or registrations issued to such person shall be suspended for an indefinite period.
(2) Any person who procures any permit, license or registration to which he is not entitled or engages in fishing, hunting or trapping during the period when such permit, license or registration and the privilege to obtain such a permit, license or registration are suspended for an indefinite period shall be guilty of a class D misdemeanor, and, for a further violation in case of such indefinite suspension, shall be guilty of a class A misdemeanor.
(e) The provisions of this section shall not apply to any person who violates any regulation adopted pursuant to section 26-16. Any person who violates such regulations shall have committed an infraction and may pay the fine by mail or plead not guilty under the provisions of section 51-164n.
(f) Any person whose hunting license is under suspension for a hunting safety violation as identified in section 26-31 shall successfully complete a remedial hunter education course as required by said section prior to any restoration or reinstatement by the commissioner of his privilege to obtain a hunting license.
(g) Any person whose privilege to hunt, trap or guide has been suspended or revoked in any jurisdiction within the United States or Canada shall be prohibited from purchasing a hunting, fishing or trapping license in this state during such period of revocation or suspension provided the offense for which such privilege was suspended or revoked is substantially similar to an offense described in sections 26-62, 26-74, 26-82 to 26-90, inclusive, 53-204 and 53-205 or the regulations adopted under section 26-66 regarding trapping, hunting before or after legal hours, hunting within five hundred feet of occupied buildings or discharging firearms toward people or across roadways. If such person has previously purchased a license to hunt, fish or trap in this state, the commissioner, after notice and hearing in accordance with the provisions of chapter 54, may suspend such license for the same period as determined in the other jurisdiction or may revoke such license if such privilege was revoked in the other jurisdiction. Such person shall surrender such license to the commissioner or the authorized agent of the commissioner. No person shall possess a license which has been suspended or revoked under this section.
Credits
(1949 Rev., § 4883; 1953, Supp. § 1871c; 1955, Supp. § 2467d; 1957, P.A. 33, § 1; 1971, P.A. 41; 1971, P.A. 871, § 105; 1971, P.A. 872, § 257; 1982, P.A. 82-255, § 3; 1984, P.A. 84-99; 1991, P.A. 91-378, § 3; 1995, P.A. 95-119, § 4; 1997, P.A. 97-250, § 8; 1999, P.A. 99-136, § 1; 2002, May 9 Sp.Sess., P.A. 02-1, § 102, eff. Jan. 1, 2003; 2012, P.A. 12-80, § 133; 2013, P.A. 13-83, § 4; 2016, P.A. 16-160, § 1.)