§ 26-142b — Resident-held and nonresident-held principal commercial fishing license, general commercial fishing license and commercial lobster pot fishing license. Restrictions on reissuance, transfer and renewal.

Connecticut § 26-142b

• Jurisdiction: Connecticut
• Title 26: Fisheries and Game

Text

(a) For the purposes of this section, “active” with regard to a principal commercial fishing license, general commercial fishing license or commercial lobster pot fishing license means that the license has been renewed in the current year. (b) Notwithstanding any other provision of law, the Commissioner of Energy and Environmental Protection may reissue an active principal commercial fishing license, general commercial fishing license or commercial lobster pot fishing license in the event the license holder is temporarily incapacitated and unable to operate a vessel or perform other necessary functions associated with commercial fishing or in the event a license holder is unable to conduct commercial fishing due to exigencies related to medical care of an immediate family member. Such temporary license may only be issued to a member of such license holder's immediate family or to a member of such license holder's crew, as designated by such license holder, for the duration of such license holder's incapacity or exigencies related to medical care of an immediate family member of such license holder. Such temporary license shall be subject to the provisions of section 26-142a . Landings during the period of such temporary license reissue may be used to satisfy the requirements for license transfer in subsection (c) of this section, provided the licensee met all such requirements for transfer at the time of such temporary reissue. (c) The commissioner may authorize the transfer of an active principal commercial fishing license, general commercial fishing license or commercial lobster pot fishing license, issued pursuant to subsection (f) of section 26-142a , provided: (1) For purposes of an active resident-held principal or general commercial fishing license or commercial lobster pot fishing license: (A) The person receiving the license in such transfer is a resident of this state, and (B) the person transferring the license held the license and landed regulated species or owned a vessel that landed regulated species under the privilege of a quota-managed species endorsement associated with the license in at least five of the eight calendar years preceding the transfer request and such landings were reported to the commissioner, pursuant to section 26-157b , for not less than thirty fishing days in each year, or (2) for purposes of an active nonresident-held principal or general commercial fishing license or commercial lobster pot fishing license: The person transferring the license held the license and landed regulated species or owned a vessel that landed regulated species under the privilege of a quota-managed species endorsement associated with the license in at least five of the eight calendar years preceding the transfer request and such landings were reported to the commissioner, pursuant to section 26-157b , for not less than thirty fishing days in each year. Such landings shall be verified by seafood dealer reports submitted pursuant to section 26-157b . The recipient of a transferred commercial lobster pot fishing license or principal commercial fishing license shall be limited to the number of lobster pots allocated to such license, except a transferee who currently holds a commercial lobster pot fishing license, issued pursuant to subsection (f) of section 26-142a , shall be limited to the number of pots allocated to such person's currently held commercial lobster pot fishing license or principal commercial fishing license or to the transferred license, whichever is greater. The length of any commercial fishing vessel used by the recipient of a transferred license to fish with a trawl net in the waters of this state shall be not more than twenty per cent greater than the length of the largest vessel used by the person transferring the license during such qualifying period. (d) (1) In the event of the death of the holder of an active principal commercial fishing license, general commercial fishing license or commercial lobster pot fishing license, the commissioner may authorize the transfer of such license pursuant to subsection (c) of this section, for a period of two years from the date of death of such license holder. (2) If the deceased license holder held such license for a period of less than five complete calendar years, the commissioner may authorize the transfer of such license (A) subject to the provisions of this section, and (B) provided the deceased license holder landed regulated species or owned a vessel that landed regulated species under the privilege of a quota-managed species endorsement associated with the license in each calendar year during which the deceased license holder held the license for six months or longer, and (C) provided such landings were reported to the commissioner by the deceased license holder, pursuant to section 26-157b , for not less than thirty fishing days in each year. (e) Upon transfer of a license, the original license holder shall become ineligible to obtain a renewal of that license. Such original license holder may acquire a new license through a subsequent license transfer. (f) A transfer of a license under this section shall not be made while a commercial fishery license, registration or vessel permit held by the transferor or transferee is under suspension and a transfer shall not be authorized for any transferee who has had a commercial fishery license, registration or vessel permit revoked or suspended within the preceding twelve months.

Legislative History

(P.A. 95-90, S. 1, 3; P.A. 97-133, S. 1, 5; P.A. 99-266, S. 1; P.A. 00-189, S. 1, 2; 00-196, S. 55; P.A. 01-150, S. 2; P.A. 04-97, S. 4; P.A. 09-195, S. 2; P.A. 11-80, S. 1; P.A. 15-52, S. 3; P.A. 23-196, S. 7.) History: P.A. 95-90 effective May 31, 1995; P.A. 97-133 extended the restriction on issuance of new licenses until December 31, 1999, deleted references to registrations for marine pound nets and charter or party vessels and provided for issuance of licenses to certain family members upon death of current license holders, effective June 13, 1997; P.A. 99-266 extended until December 31, 2001, the restriction on issuance of new licenses, provided for transfers of licenses to family members upon relinquishment by current licensee, provided procedures for such transfers and expanded the eligible family members; P.A. 00-189 designated existing provisions as Subsec. (a) and made technical changes therein for the purposes of gender neutrality and added Subsec. (b) re transfer of an active commercial fishing license for lobster until October 1, 2002, effective May 26, 2000; P.A. 00-196 deleted reference to purse seine registrations and made technical changes; P.A. 01-150 in Subsec. (a) extended restriction on issuance of new licenses until December 31, 2003, in Subsec. (b) extended authorization to transfer active commercial fishing license for lobster to October 1, 2003, and in new Subsec. (c) authorized the commissioner to authorize the transfer of an active commercial fishing license for lobster under certain circumstances; P.A. 04-97 amended Subsec. (a) to define “active” commercial finfish, fishing and lobster pot licenses and “number of lobster pots fished”, to remove December 31, 2003, deadline on issuance of new licenses, to apply issuance restrictions to commercial lobster pot licenses and to delete transfer upon death or relinquishment provisions, deleted existing Subsecs. (b) re transfer of active commercial fishing license for lobster and (c) re authorized transfer of active commercial fishing license for lobster and added new Subsecs. (c) re transfer of active licenses, (d) re transfer of licenses upon death, (e) re owner ineligibility to obtain renewal of transferred license, and (f) re transfer prohibitions, effective May 10, 2004; P.A. 09-195 amended Subsec. (c) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re transfer of active commercial fishing license under certain conditions, effective July 8, 2009; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsecs. (a) and (b), effective July 1, 2011; P.A. 15-52 amended Subsec. (a) by changing “commercial finfish license” to “principal commercial fishing license”, “commercial fishing license” to “general commercial fishing license” and “commercial lobster pot license” to “commercial lobster pot fishing license” and by deleting definition of “number of lobster pots actively fished”, amended Subsec. (b) by deleting provision re issuance of licenses, adding provision re reissuance of licenses for licensees temporarily incapacitated and replacing provision re temporary basis with provision re 12 consecutive months, amended Subsec. (c) by adding provisions re transfer of licenses for active resident-held license and for active nonresident-held license and deleting former Subdiv. (2) re transfer of active licenses, amended Subsec. (d) by adding provision re death of active license holder, and made technical and conforming changes, effective January 1, 2016; P.A. 23-196 amended Subsec. (b) to add provision re reissue in event license holder is unable to fish due to medical care of an immediate family member, deleted references to incapacitated license holders, deleted 12 consecutive month reference, added reference to exigencies related to medical care of an immediate family member and added provision re landings during such temporary license reissue satisfying requirements for license transfer, amended Subsec. (c) to add references to owning a vessel that landed regulated species under the privilege of a quota-managed species endorsement associated with the license, changed commercial fishing vessel length reference from not more than 10 per cent greater to not more than 20 per cent greater than the length of the largest vessel used by the person transferring the license during such qualifying period and made technical changes, and amended Subsec. (d) to designate existing provisions as Subdiv. (1) and add Subdiv. (2) re if deceased license holder held such license for a period of less than 5 complete calendar years, effective June 29, 2023.