§ 26-3 — Powers and duties of commissioner.

Connecticut § 26-3

• Jurisdiction: Connecticut
• Title 26: Fisheries and Game

Text

The Commissioner of Energy and Environmental Protection shall enforce all of the laws relating to fish and wildlife of the state and shall possess all powers necessary to fulfill the duties prescribed by law with respect thereto and to bring actions in the proper courts of this state for the enforcement of such laws and the orders and regulations adopted and promulgated by said commissioner. Said commissioner shall have the supervision of hatcheries and retaining ponds and of the introduction, propagation, securing and distribution of such fish and wildlife as are adapted to the waters or lands of this state, and may designate, as closed to fishing, areas of inland waters to provide for spawning beds. The commissioner may take at any time or place, other than Sundays, using any method consistent with professional wildlife management principles, any fish, crustacean, bird or animal for scientific and educational purposes, public health and safety, propagation and dissemination, or protection of natural or agricultural ecosystems. Such taking shall not include the use of a snare. In the case of an imminent threat to public health or public safety, notwithstanding any provision of the general statutes, the commissioner may take at any time or place, using any method consistent with professional wildlife management principles, any fish, crustacean, bird or animal. Said commissioner shall have jurisdiction of all matters relating to fish and wildlife on any land belonging to the state and the regulation of hunting, fishing and trapping and the use of the waters of any lake, pond or stream on such land. The commissioner shall not grant to any conservation officer, appointee or other person any special privileges with respect to hunting, fishing, trapping or the use of the waters of any lake, pond or stream on such land. Said commissioner may erect buildings upon any such land, subject to the permission of the authorities of any institution or commission controlling such land and the approval of the Commissioner of Administrative Services and the State Properties Review Board. The Commissioner of Energy and Environmental Protection may employ such special assistants as necessary. Said commissioner shall cooperate with the United States Fish and Wildlife Service and the fish and wildlife commissioners of other states. Said commissioner may acquire, by gift or lease and, with the approval of the Governor alone, by purchase, lands for the establishment of fish hatcheries or game preserves and fisheries or wildlife management areas. Said commissioner may, with the approval of the Attorney General, grant rights-of-way or other easements or leases for public purposes to the United States government, any subdivision of the state or any public utility within the state on or with respect to any lands under jurisdiction of said commissioner if said commissioner finds that such purposes are not in conflict with the public interest, provided any such public utility shall pay for any right-of-way, easement or lease so granted such compensation as said commissioner considers reasonable. Said commissioner shall have authority to establish the boundaries of any properties under the jurisdiction of said commissioner by agreement with owners of adjoining property and may, with the approval of the Attorney General alone, exchange land with such property owners and execute deeds in the name of the state for the purpose of establishing such boundaries. The commissioner may provide for the importation of fish and wildlife, and provide for the protection, propagation and distribution of such imported or native fish and wildlife. The commissioner may locate, lay out, construct and maintain nurseries and rearing ponds where fish may be planted, propagated and reared and liberate and distribute such fish in the waters of this state. Said commissioner may acquire by gift, purchase, capture or otherwise any fish or wildlife for propagation, experimental or scientific purposes. Notwithstanding any provisions of the general statutes, said commissioner may destroy and dispose of any undesirable or diseased wildlife in the interest of wildlife management at any time or place and using any method consistent with professional wildlife management principles if said commissioner determines that such wildlife (1) aggressively invades, or is likely to be detrimental to, agricultural crops, native plants, livestock or wildlife, (2) is likely to be a carrier of insects, disease or parasites detrimental to such crops, plants or wildlife, (3) is likely to have a detrimental effect on natural or agricultural ecosystems, (4) is likely to be detrimental to endangered or threatened species or species of special concern, as listed in the regulations adopted by the commissioner under this chapter, or such species' essential habitats, or (5) causes severe property damage. The commissioner may enter into cooperative agreements with educational institutions and state, federal or other agencies to promote wildlife research and to train personnel for wildlife management, information, distribution and education projects, and may enter into cooperative agreements with federal agencies, municipalities, corporations, organized groups or landowners, associations and individuals for the development of fish or wildlife management and demonstration projects. The commissioner may allocate and expend for the protection, restoration, preservation and propagation of fish and wildlife all funds of the state collected, appropriated and acquired for the purpose. See Sec. 26-65 re commissioner's authority to regulate hunting. See Sec. 26-72 re regulation of trapping of fur-bearing animals. See Sec. 26-107f re conservation of nonharvested wildlife.

Legislative History

(1949 Rev., S. 4848; 1953, S. 2444d; 1957, P.A. 402; September, 1957, P.A. 11, S. 13; 1959, P.A. 398, S. 2; 1961, P.A. 155; 1971, P.A. 872, S. 208; P.A. 75-425, S. 41, 57; P.A. 77-614, S. 73, 610; P.A. 87-496, S. 95, 110; P.A. 96-143, S. 2, 4; P.A. 97-250, S. 3; P.A. 03-192, S. 9; P.A. 04-109, S. 13; P.A. 11-51, S. 90; 11-80, S. 1; P.A. 13-247, S. 200.) History: 1959 act deleted references to expenditures from game fund and fish fund for management, protection, distribution, etc. of fish and game; 1961 act authorized taking fish for educational purposes and for public health and safety and deleted provision requiring submission of outline for comprehensive conservation program to general assembly at each regular session; 1971 act replaced references to board of fisheries and game and its director with references to environmental protection commissioner; P.A. 75-425 required approval of state properties review board for erection of buildings on state land and added word “alone” as qualifier re required approval of governor and attorney general in certain actions involving land; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 87-496 substituted “public works” for “administrative services” commissioner; P.A. 96-143 deleted provisions re assignment of persons to occupy department-owned property and the charging of rent, effective July 1, 1996; P.A. 97-250 provided for preliminary determinations required of the commissioner in order to exercise power to destroy undesirable or diseased wildlife in the interest of wildlife management and made a technical change; P.A. 03-192 made technical changes, authorized the commissioner to take any fish, crustacean, bird or animal, using methods consistent with professional wildlife management principles, for protection of natural or agricultural ecosystems or in the case of imminent threat to public health or safety, authorized the acquisition of land for fisheries or wildlife management areas and added provisions re destruction and disposal of undesirable or diseased wildlife using methods consistent with professional wildlife management principles and re additional grounds for such destruction and disposal; P.A. 04-109 made technical changes, effective May 21, 2004; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Construction Services”, effective July 1, 2011; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services”, effective July 1, 2013. Cited. 148 C. 621.