§ 26-157b — Reports. Penalty.

Connecticut § 26-157b

• Jurisdiction: Connecticut
• Title 26: Fisheries and Game

Text

(a) Each person who engages in commercial fishing in the waters of this state, lands regulated species for commercial purposes in this state regardless of where such species are taken, operates as a seafood dealer or holds any commercial fishing license, endorsement, permit or registration issued by the commissioner pursuant to section 26-142a shall report information to the commissioner that the commissioner deems necessary at intervals and by methods the commissioner deems necessary. The commissioner may request that commercial shellfish harvesters of oysters and clams voluntarily report such information as the commissioner deems necessary. The information required to be reported or voluntarily submitted may include but is not limited to: The number of individuals employed by such person, the number and value of boats, nets, apparatus and other devices used, the area fished, the effort expended and the number, weight and market value of regulated species and shellfish caught, landed or purchased. Each person who holds a party or charter fishing vessel registration shall report to the commissioner, at such times and at such intervals as may be required, such information as the commissioner deems necessary, which may include but is not limited to: The number of individuals carried for the purpose of fishing, the area fished, the effort expended, the number and weight by species of all regulated species taken and, if any of the catch is sold by such person or by the captain or crew of such vessel, the number, weight, species and value of such regulated species. (b) (1) Except as provided in subdivision (2) of this subsection, any person who violates any reporting requirement under subsection (a) of this section shall have committed an infraction and may pay the fine by mail or plead not guilty under the provisions of section 51-164n and shall be subject to the provisions of section 26-61 . (2) Any person who falsifies a report of a quota-managed species landing, sale or purchase shall have committed a class D misdemeanor and shall be subject to the provisions of section 26-61 . (c) Notwithstanding any provision of section 1-210 to the contrary, no person shall obtain, attempt to obtain or release to any person or government agency any identifiable individual record from any report required to be submitted or voluntarily submitted in accordance with the provisions of subsection (a) of this section, or any identifiable fishery record or fishery sampling information provided or submitted voluntarily or received by the department upon request of the commissioner, without the consent of the person making the report or providing the information, provided: (1) The commissioner may authorize the release of such information for the purposes of fisheries research, management and development and conservation law enforcement; (2) the identity of persons holding any endorsement, license, permit or registration issued under the authority of section 26-142a , including any associated fishing privileges as may be established by a provision of the general statutes or by the regulations of Connecticut state agencies, shall be a matter of public record; and (3) catch or landings data aggregated by species, month and statistical catch area shall be a matter of public record regardless of the number of fishermen contributing to such aggregate catch or landings. Any person who violates any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than thirty days or both and each such violation shall constitute a separate offense.

Legislative History

(P.A. 74-348, S. 3, 11; P.A. 79-293, S. 3, 6; P.A. 80-386, S. 3, 4; P.A. 83-479, S. 1, 6; P.A. 85-27, S. 1, 2; P.A. 93-100, S. 2, 4; P.A. 97-79; P.A. 00-196, S. 56; P.A. 01-150, S. 3; P.A. 04-97, S. 2; P.A. 15-52, S. 4.) History: P.A. 79-293 made provisions applicable to those holding license to land lobster, purse seine registration or pound net registration, substituted “finfish” for “fish” and required report of “the area fished” and “the effort expended”; P.A. 80-386 added requirements for reports by holders of party, head or charter boat registrations; P.A. 83-479 required reports by licensees to land “finfish, crabs, including blue crabs or squid”, authorized commissioner to request information other than that specifically cited by section and added Subsec. (b) re confidentiality of information; P.A. 85-27 amended Subsec. (b) by extending confidentiality to information voluntarily submitted to the commissioner; P.A. 93-100 amended Subsec. (a) to add reporting requirements for certain additional species, inserted new Subsec. (b) to provide for a penalty for violation of this section and renumbered the former Subsec. (b) as (c), effective July 1, 1993; P.A. 97-79 provided for voluntary reporting of certain information by certain licensees, provided for confidentiality with regard to such information and made technical changes; P.A. 00-196 deleted “purse seine registration” in Subsec. (a); P.A. 01-150 amended Subsec. (a) to extend reporting requirements to persons who engage in commercial fishing in the waters of the state, persons who land lobsters, sea scallops, finfish, crabs or squid for commercial purposes in this state regardless of where taken, persons who purchase finfish, lobsters, crabs, sea scallops, squid or bait from commercial fishermen for resale and persons with a license to take menhaden for personal use; P.A. 04-97 amended Subsec. (a) to add persons operating as seafood dealers and those engaged in commercial fishing for horseshoe crabs and bait species to those required to report information to commissioner and to make conforming changes, and amended Subsec. (c) to specify identifiable fishery record or fishery sampling information voluntarily provided or received by department as not subject to disclosure without consent of person providing the information, effective May 10, 2004; P.A. 15-52 amended Subsec. (a) by changing “lobsters, sea scallops, finfish, crabs, including horseshoe crabs, squid or bait” to “regulated species”, adding reference to endorsement, permit or registration issued pursuant to Sec. 26-142a, deleting references to forms provided by commissioner and changing “boat, head boat or charter boat” to “charter fishing vessel”, amended Subsec. (b) by designating existing provision re violation of reporting requirement as Subdiv. (1) and adding Subdiv. (2) re falsifying report re quota-managed species landings, amended Subsec. (c) by designating existing provision re authorization of release of information as Subdiv. (1) and adding Subdiv. (2) re identity of persons holding endorsements, licenses, permits or registrations and Subdiv. (3) re catch or landings data, and made technical and conforming changes, effective January 1, 2016.