SB 426 — AN ACT CONCERNING ABANDONED FISHING GEAR IN LONG ISLAND SOUND.

General Assembly   RaisedSubstitute Bill No.

426 February Session, 2018   LCO*_____SB00426ENV___032318____* No.AN ACT CONCERNING ABANDONED FISHING GEAR IN LONG ISLAND SOUND.

2090   *02090_______ENV* Referred to Committee on ENVIRONMENT   Introduced by:

  (ENV)   AN ACT CONCERNING ABANDONED FISHING GEAR IN LONG ISLAND SOUND.

Section 26-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective fromOctober passage):1, 2018):

(a) Any weapon, article,article [or]or implement, netting, trap or device capable of being used for the purpose of the commercial or recreational taking, catching or holding of any fish, crustacean, mollusk, wild or game bird, wild or game quadruped, reptile or amphibian, which is abandoned, derelict or discarded or thrown away in an attempt to destroy or conceal evidence or to prevent apprehension, may be seized or removed and taken into possession by any conservation officerofficer. or the Department of Agriculture, as applicable.

If the owner or person having custody of any such article,article weapon, implement, netting, trap or device at the time it is abandoned, discarded or thrown away fails to claim such article within one year after it comes into the possession of such officerofficer, or department, such article shall be forfeited to the state and may be retained for use by the [commissioner]commissioner, Commissioner of Energy and Environmental Protection or the Commissioner of Agriculture, as applicable, may be sold at public auction or may be destroyed at the discretion of [said]said the applicable commissioner.

(b) Any derelict lobster gear may be seized by an authorized representative of the commissioner.

The commissioner, or the commissioner's authorized representative, shall attempt to notify the last known licensee of such derelict lobster gear not later than thirty days following such seizure.

In the event:

(1) There is no identifying marker on such seized derelict lobster gear, (2) the owner of such seized derelict lobster gear cannot be identified, or (3) the last known licensee of such seized derelict lobster gear fails to claim the seized derelict lobster gear, the commissioner may dispose of such seized derelict lobster gear or authorize the disposal of such seized derelict lobster gear.

For the purpose of this subsection, "derelict lobster gear" means any lobster pot, trap, warp or live car found in Connecticut waters that does not have the current Connecticut commercial license number branded on the pot, trap, warp or live car in accordance with section 26-157a and that is not attached to the annual trap tag required by regulations adopted pursuant to section 26-157c for the current trap tag year cycle or the trap tag from the previous year's trap tag year cycle.

Section 1 fromOctober passage1, 2018 26-23 StatementENV ofJoint Purpose:Favorable Subst.

To better address the problem of abandoned commercial fishing gear in Long Island Sound and allow for its removal and disposal.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]