§ 26-61 — Suspension of license, registration or permit. Restoration. Fines.

Connecticut § 26-61

• Jurisdiction: Connecticut
• Title 26: Fisheries and Game

Text

(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, 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.

Legislative History

(1949 Rev., S. 4883; 1953, 1955, S. 2467d; 1957, P.A. 33, S. 1; 1971, P.A. 41; 871, S. 105; 872, S. 257; P.A. 82-255, S. 3; P.A. 84-99; P.A. 91-378, S. 3; P.A. 95-119, S. 4; P.A. 97-250, S. 8; P.A. 99-136, S. 1; May 9 Sp. Sess. P.A. 02-1, S. 102; P.A. 12-80, S. 133; P.A. 13-83, S. 4; P.A. 16-160, S. 1.) History: 1971 acts added references to permits, replaced reference to Secs. 26-106, 53-104, 53-108, 53-110 and 53-123 with reference to Secs. 53a-109 and 53a-115 to 53a-117 and replaced references to board of fisheries and game with references to environmental protection commissioner; P.A. 82-255 extended the license suspension period from 15 to 30 days, replaced graduated fines for procuring license to which a person is not entitled or for fishing, hunting or trapping while license is void or suspended with one fine for all cases and deemed violations of Secs. 26-16 and 26-159a infractions; P.A. 84-99 added Subsec. (a) re the suspension of a license upon the complaint of an alleged violation, created Subsecs. (b) to (e) from previously existing provisions, amended Subsec. (b) by deleting a provision requiring the suspension of a license “upon the nolle of any complaint upon the payment of any sum of money or upon a suspended judgment or a continuance nisi”; P.A. 91-378 amended Subsec. (b) to provide for minimum mandatory suspension of hunting licenses for conviction of violation of regulations re hunting in proximity to residential areas; P.A. 95-119 amended Subsec. (b) to include infractions as criteria for suspension of licenses and made suspension for a first violation discretionary and deleted a minimum suspension period of 30 days and amended Subsec. (d) to require suspension of all fish and game licenses for engaging in hunting or fishing while under suspension of the relevant license; P.A. 97-250 added new Subsec. (f) re completion of a remedial education course prior to reinstatement of privilege to obtain hunting license; P.A. 99-136 added Subsec. (g) re suspension or revocation of licenses of persons whose licenses have been suspended or revoked in certain other jurisdictions; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (g) to remove reference to regulations adopted under Sec. 26-31b re guide services, effective January 1, 2003; P.A. 12-80 amended Subsec. (d) to insert Subdiv. designators (1) and (2), add exception re Subdiv. (2) and make a technical change in Subdiv. (1) and change penalties in Subdiv. (2) for a first violation from a fine of not less than $200 or imprisonment of not more than 60 days or both to a class D misdemeanor and for a further violation from a fine of not less than $200 or more than $500 or imprisonment of not more than 1 year or both to a class A misdemeanor; P.A. 13-83 amended Subsec. (e) to delete exemption re violation of regulation concerning sport fishing in the marine district; P.A. 16-160 amended Subsec. (b) to add provision re commissioner to suspend license of any person who fails to appear in court, pay the fine or plea in response to a citation for a hunting or fishing violation. Cited. 23 CA 272.