Section 26-142b - Resident-held and nonresident-held principal commercial fishing license, general commercial fishing license and commercial lobster pot fishing license. Restrictions on reissuance, transfer and renewal(a) For the purposes of this section, "active" with regard to a principal commercial fishing license, general commercial fishing license or commercial lobster pot fishing license means that the license has been renewed in the current year.(b) Notwithstanding any other provision of law, the Commissioner of Energy and Environmental Protection may reissue an active principal commercial fishing license, general commercial fishing license or commercial lobster pot fishing license in the event the license holder is temporarily incapacitated and unable to operate a vessel or perform other necessary functions associated with commercial fishing or in the event a license holder is unable to conduct commercial fishing due to exigencies related to medical care of an immediate family member. Such temporary license may only be issued to a member of such license holder's immediate family or to a member of such license holder's crew, as designated by such license holder, for the duration of such license holder's incapacity or exigencies related to medical care of an immediate family member of such license holder. Such temporary license shall be subject to the provisions of section 26-142a. Landings during the period of such temporary license reissue may be used to satisfy the requirements for license transfer in subsection (c) of this section, provided the licensee met all such requirements for transfer at the time of such temporary reissue.(c) The commissioner may authorize the transfer of an active principal commercial fishing license, general commercial fishing license or commercial lobster pot fishing license, issued pursuant to subsection (f) of section 26-142a, provided: (1) For purposes of an active resident-held principal or general commercial fishing license or commercial lobster pot fishing license: (A) The person receiving the license in such transfer is a resident of this state, and(B) the person transferring the license held the license and landed regulated species or owned a vessel that landed regulated species under the privilege of a quota-managed species endorsement associated with the license in at least five of the eight calendar years preceding the transfer request and such landings were reported to the commissioner, pursuant to section 26-157b, for not less than thirty fishing days in each year, or(2) for purposes of an active nonresident-held principal or general commercial fishing license or commercial lobster pot fishing license: The person transferring the license held the license and landed regulated species or owned a vessel that landed regulated species under the privilege of a quota-managed species endorsement associated with the license in at least five of the eight calendar years preceding the transfer request and such landings were reported to the commissioner, pursuant to section 26-157b, for not less than thirty fishing days in each year. Such landings shall be verified by seafood dealer reports submitted pursuant to section 26-157b. The recipient of a transferred commercial lobster pot fishing license or principal commercial fishing license shall be limited to the number of lobster pots allocated to such license, except a transferee who currently holds a commercial lobster pot fishing license, issued pursuant to subsection (f) of section 26-142a, shall be limited to the number of pots allocated to such person's currently held commercial lobster pot fishing license or principal commercial fishing license or to the transferred license, whichever is greater. The length of any commercial fishing vessel used by the recipient of a transferred license to fish with a trawl net in the waters of this state shall be not more than twenty per cent greater than the length of the largest vessel used by the person transferring the license during such qualifying period.(d)(1) In the event of the death of the holder of an active principal commercial fishing license, general commercial fishing license or commercial lobster pot fishing license, the commissioner may authorize the transfer of such license pursuant to subsection (c) of this section, for a period of two years from the date of death of such license holder.(2) If the deceased license holder held such license for a period of less than five complete calendar years, the commissioner may authorize the transfer of such license (A) subject to the provisions of this section, and (B) provided the deceased license holder landed regulated species or owned a vessel that landed regulated species under the privilege of a quota-managed species endorsement associated with the license in each calendar year during which the deceased license holder held the license for six months or longer, and (C) provided such landings were reported to the commissioner by the deceased license holder, pursuant to section 26-157b, for not less than thirty fishing days in each year.(e) Upon transfer of a license, the original license holder shall become ineligible to obtain a renewal of that license. Such original license holder may acquire a new license through a subsequent license transfer.(f) A transfer of a license under this section shall not be made while a commercial fishery license, registration or vessel permit held by the transferor or transferee is under suspension and a transfer shall not be authorized for any transferee who has had a commercial fishery license, registration or vessel permit revoked or suspended within the preceding twelve months.Conn. Gen. Stat. § 26-142b
( P.A. 95-90 , S. 1 , 3 ; P.A. 97-133 , S. 1 , 5 ; P.A. 99-266 , S. 1 ; P.A. 00-189 , S. 1 , 2 ; 00-196 , S. 55 ; P.A. 01-150 , S. 2 ; P.A. 04-97 , S. 4 ; P.A. 09-195 , S. 2 ; P.A. 11-80 , S. 1 ; P.A. 15-52 , S. 3 .)
Amended by P.A. 23-0196,S. 7 of the Connecticut Acts of the 2023 Regular Session, eff. 6/29/2023.Amended by P.A. 15-0052, S. 3 of the Connecticut Acts of the 2015 Regular Session, eff. 1/1/2016.Amended by P.A. 09-0195, S. 2 of the the 2009 Regular Session, eff. 7/8/2009.