§ 26-130 — Sale of fish for stocking; sale of fish management commodities; sale of trout eggs.

No fish shall be furnished by the state for stocking any stream, river, pond or lake from which the taking of fish is prohibited by the owner or lessee; provided, if the state, in the opinion of the commissioner, has on hand at any time more fish than are required in any season for stocking streams, rivers, ponds or lakes from which the taking of fish is not prohibited, the commissioner may sell such surplus fish, or such fish as exceed hatchery rearing capacity, at the cost of such fish as estimated by him, to any person in the state for use for stocking any stream, river, pond or lake in the state, whether or not such water is open to public fishing. To encourage landowners to engage in fish management practices in waters over which they have control, the commissioner is authorized to sell to such landowners from stock on hand in the department, at a cost to be estimated by him, fish foods, chemicals and compounds used in fisheries management, lake and pond bottom contour maps and related incidental commodities. If the state, in the opinion of the commissioner, has on hand surplus, disease-free fish or fish eggs which exceed hatchery capacity, the commissioner may sell such surplus fish or fish eggs to commercial hatcheries, at a cost estimated by him to be competitive with the cost of such fish or fish eggs if purchased from commercial hatcheries. The proceeds of each such sale shall be remitted to the State Treasurer and shall be applied to the General Fund.

Legislative History

(1949 Rev., S. 4927; 1957, P.A. 281, S. 1; 1959, P.A. 398, S. 17; 1971, P.A. 872, S. 305; P.A. 79-50; P.A. 90-166, S. 1.) History: 1959 act required that proceeds from sale of listed fish management materials be deposited in general fund rather than in fish fund; 1971 act replaced references to board of fisheries and game and its director with references to environmental protection department and commissioner; P.A. 79-50 authorized sale of surplus trout eggs by commissioner; P.A. 90-166 authorized sale of surplus fish or fish eggs where previously only “trout eggs” could be sold and deleted the requirement that the sale be made to hatcheries only in the state.