Conn. Agencies Regs. § 26-55-1

Current through December 27, 2024

Section 26-55-1 - Importation, transportation or liberation of live fish or live fish eggs

No person, firm or corporation shall import into this state, transport for the purpose of liberation within this state or liberate into the waters of this state live fish or live fish eggs except as hereinafter provided.

(a) Permits for the importation or liberation of live fish and live fish eggs may be issued at the discretion of the Commissioner.

(b) No permit for the importation or liberation of live fish or live fish eggs shall be issued to cover a period of more than sixty days and a separate application must be made for each importation or liberation of live fish or live fish eggs.

(c) All applications for an importation permit or liberation permit shall include the full name and address of the applicant and the vendor from whom the live fish or live fish eggs will be obtained, the number of each species of live fish or live fish eggs to be imported or liberated, the purpose of such importation or liberation and, if such live fish or live fish eggs are to be liberated, the name and location of the waters where such live fish or live fish eggs are to be liberated.

(d) Any live fish or live fish eggs originating outside of the United States, or originating from west of the United States continental divide, must have originated from a source that has obtained a current fish health certification issued by a person or persons acceptable to the Commissioner and such fish health certification shall accompany the shipment of such live fish or live fish eggs. Any live fish or live fish eggs originating outside of the United States must, in addition, have official clearance in writing, from the United States Fish and Wildlife Service.

(e) Representatives of the Commissioner may inspect any imported fish or fish eggs being brought into the state. The Commissioner may order that any live fish or live fish eggs, suspected of carrying diseases, pathogens or parasites capable of inducing any disease, be quarantined, at permittee's expense, for a period of up to one hundred and twenty days.

(f) Any fish which show evidence of any disease, pathogen or parasite capable of inducing any disease shall be immediately taken to the state fish pathologist for examination and diagnosis. In the event that any disease, pathogen or parasite capable of inducing any disease is determined to be present by said pathologist the Commissioner may in the public interest, order that all imported fish as well as any other fish present in the waters containing such imported fish be destroyed by whatever means he shall determine is the most practical and in the best public interest.

(g) No imported fish or fish eggs shall be liberated or introduced into the waters of the state if they are known to be infected with disease or infected with parasites which, in the opinion of the Commissioner, would make the liberation of such fish inadvisable in the interest of protecting humans, resident fish species or established exotic fish species from disease or parasitism.

(h) No permit shall be required to import live, common aquarium species. The importation or possession of piranha of the subfamily: Serrasalminae, genera Serrasalmus, Serrasalmo, Pygocentrus, Teddyella, Rooseveltiella and Pygopristus, and walking catfish of the family Clariidae, genera Clarias, Heteropneustes, Dinotoplerus and Heterobranchus is prohibited except that the Commissioner may at his discretion issue permits for the importation and possession, when it is in the public interest, for public display purposes, of specimens of piranha and walking catfish. Such possession permits shall be issued for a calendar year and the applicant must request renewal of said permit prior to December thirty-first of the year said permit is in effect. Renewal of said permit shall be at the discretion of the Commissioner. Such permittee shall report annually to the Commissioner during the month of December on the status and health of the specimens for which said permit is issued, except that in the case of death of said specimens the permittee shall report same to the Commissioner within seven days.

(i) The importation, possession or liberation of grass carp or white amur (Ctenopharyngodon idella) is prohibited, except that the Commissioner, at his discretion, may issue a permit for the importation, possession and liberation of triploid (sterile) grass carp into lakes and ponds of this state as herein provided.

(1) Waters into which triploid grass carp are to be liberated may be inspected by an agent of the Commissioner.

(2) The Commissioner shall not issue a permit for the liberation of triploid grass carp into any lake or pond where multiple individuals or entities own the property immediately abutting the lake or pond, unless:

(A) the applicant provides notice to the owners of record of each property immediately abutting the lake or pond by mail to the owner's address on the most recent grand tax list of the municipality in which such properties are located or by personal delivery and receives written agreement to such liberation from such owners; or

(B) at least thirty (30) days prior to the Commissioner issuing the permit:

(i) the Commissioner publishes a notice of the application on the department's web site; and

(ii) the applicant provides a notice of application to the chief executive officer, as described in section 7-193 of the Connecticut General Statutes, for each municipality in which the lake or pond is located. The notice of application may reference the notice published on the department's website but shall, at a minimum, contain the heading "Notice of Application to Liberate Triploid Grass Carp"; the name of the applicant; the location of the proposed activity by the name of the lake or pond and the municipality or municipalities in which the lake or pond is located; and the address, telephone number and e-mail address of the applicant. In addition to such notice, and prior to issuing any permit for such liberation, the Commissioner may require the applicant to attend a public information meeting conducted by the department regarding the application to be held in any municipality in which the lake or pond is located.

(3) The Commissioner shall not issue a permit for the liberation of triploid grass carp into any waters unless the outlet and inlet of such waters are, in his opinion, adequately screened so as to prevent the emigration of such grass carp or unless such waters are ecologically isolated. For the purposes of this subsection, ecologically isolated means any waters from which, in the opinion of the Commissioner, the emigration of such grass carp will not significantly impact public waters or waters of another, or from which there is no surface water outflow.

(4) Any permit for the liberation of triploid grass carp issued by the Commissioner may prescribe the number and size class of triploid grass carp that may be liberated.

(5) Such fish shall be certified as triploid prior to shipment by a person or persons acceptable to the Commissioner and such certification shall accompany the shipment of such fish.

(6) At least fourteen (14) days prior to importation of such fish, the permittee shall notify the Commissioner of the date that any grass carp are to be imported and the location where such fish may be inspected.

(7) Such fish may be inspected and may be sampled and tested for triploidy by an approved method by an agent of the Commissioner prior to liberation.

(8) Any shipment of grass carp which contains any diploid (fertile) individuals shall be confiscated and disposed of at the discretion of the Commissioner.

(9) The owner of any lake or pond into which grass carp are liberated shall allow agents of the Commissioner to monitor the population dynamics of the grass carp and other environmental conditions of the pond in order to determine the long term efficacy of grass carp in Connecticut waters.

(10) In the event that any grass carp or white amur, that are capable of reproduction, are liberated into or found in any waters of this state, the Commissioner may, in the public interest, order that all such fish as well as any other fish present in such waters be destroyed by whatever means he shall determine to be the most practical and in the best public interest except as provided in section 26-55a of the Connecticut General Statutes.

(j) Live fish or live fish eggs of the following species, genera or families shall not be imported into the state or possessed except that, when it is in the public interest, permits for the importation or possession of specimens may be issued, at the discretion of the Commissioner, for research or public display purposes or as provided for in section 26-40d-1 of the Regulations of Connecticut State Agencies:

(1) bowfin (Amia calva);

(2) gars (Lepisosteidae);

(3) gizzard shad (Dorosoma cepedianum);

(4) white bass (Morone chrysops);

(5) freshwater drum (Aplodinotus grunniens);

(6) snail carp or black carp (Mylopharyngodon piceus);

(7) silver carp (Hypophthalmicthys molitrix);

(8) big head carp (Aristichthys nobilis);

(9) tench (Tinca tinca);

(10) rohu (Labeo rohita);

(11) calbasu (Labeo calbasa);

(12) catla (Catla catla);

(13) mrigal (Cirrhina mrigala);

(14) mahseer (Tor tor);

(15) crucian carp (Carassius carassius);

(16) rudd (Scardinius erythrophthalmus);

(17) european whitefish, orfe or ide (Leuciscus idus);

(18) any species of fish whose importation into the United States is prohibited;

(19) any species of fish designated rare, threatened or endangered;

(20) any species of fish which the Commissioner determines is potentially dangerous to humans, established species of fish or established aquatic plants;

(21) Snakehead (including all members of the genus Channa and Parachanna or their generic synonyms of Bostrychoides, Ophicephalus, Ophiocephalus and Parophiocephalus); and

(22) Sturgeon (including all members of the family Acipenseridae, genera Acipenser, Huso, Scaphirhyncus and Pseudoscaphihryncus and their hybrids).

Permits issued by the Commissioner under this subsection shall be for a term established by the Commissioner and shall not be transferable. The Commissioner may renew such permits upon receipt of a request for renewal on or before thirty (30) calendar days preceding expiration of such permit. The Commissioner may determine the species, life stages, number of specimens, location and manner of display, confinement, or storage of specimens, and location, timing and method of disposition of any or all specimens under any permit. Each permittee shall report annually to the Commissioner on or before November thirtieth, information on the current status of specimens, results of scientific studies, disposition of specimens and any other information as may be required under said permit. In the event that any of the species listed previously in this subsection are liberated or introduced into any waters of the state, the Commissioner may, in the public interest, order that all such fish as well as any other fish present in such waters be destroyed by whatever means he shall determine is the most practical and in the best public interest.

(k) The transporter of any live fish or live fish eggs that are destined for any state waters shall be in possession of a copy of the importation or liberation permit covering such live fish or live fish eggs and any applicable fish health certification. Any box, package or container holding live fish or live fish eggs transported by a common carrier and destined for delivery in this state shall have attached thereto and in plain view a copy of the permit covering such importation and any applicable fish health certification.

Conn. Agencies Regs. § 26-55-1

Effective January 1, 1994; Amended April 27, 2005; Amended January 30, 2007; Amended October 4, 2011; Amended March 6, 2015