Sources: Connecticut General Statutes Annotated, 1990, Title 22, 23 and 26; 1992 Cumulative Pocket Part.
STATE WILDLIFE POLICY
The General Assembly declares it to be the policy of the state to manage wildlife to insure their continued participation in the ecosystem and to accord special protection to endangered species or subspecies of wildlife indigenous to the state in order to maintain and enhance their numbers. The Commissioner of Environmental Protection shall establish a conservation program for species not traditionally harvested which shall include provisions for: resource inventory; habitat conservation; monitoring of environmental impacts; endangered and threatened species conservation; wildlife recreation management; wildlife conservation education; private landowner assistance; urban wildlife conservation; problem animal management; scientific research, planning, administration and development (26-107f). The Commissioner shall report annually to the joint standing committee of the General Assembly which deals with environment matters on the progress of this program, how allocated funds were expended and the program's future, including a response to recommendations made by the Citizens' Advisory Board for Nonharvested Wildlife (26-107g and -107h).
The general assembly finds certain species of wildlife and plants have been rendered extinct as a consequence of man's activities and other species are threatened with extinction, or have been reduced, because of destruction, modification or severe curtailment of their habitats, exploitation for commercial, scientific, educational, or private use, or disease, predation or other factors. Such species are of ecological, scientific, educational, historical, economic, recreational and aesthetic value to the people of the state, and the conservation, protection and enhancement of them and their habitats are of state-wide concern. Therefore, the general assembly declares it is a policy of the state to conserve, protect, restore and enhance any endangered or threatened species and essential habitat (26-303).
PROTECTED SPECIES OF WILDLIFE
The Commissioner may appoint as custodians persons who possess injured, sick or immature birds or quadrupeds until they can be released, may issue permits authorizing possession of legally acquired wild birds or quadrupeds as pets or for training dogs, and may regulate the number and species of the birds or animals and type and size of confinement pens for their care and feeding. In the interest of protecting other game, domestic birds, quadrupeds, or public health and safety, or for a violation of regulations under which the permit was granted, the Commissioner may revoke the permit, confiscate and destroy birds or animals possessed. Possession of a bird or quadruped without authorization shall be a fine of up to $100 (26- 54). No person shall catch, kill, purchase, sell, or possess a living or dead wild bird, or part or plumage other than a game bird, except as provided. No person shall take, needlessly destroy, or possess a nest or egg of a wild or game bird. English sparrows, starlings, and, when destroying corn, crows and red-winged and crow blackbirds, shall not be protected. A Conservation Officer or other officer with authority to serve criminal process shall have the same powers to enforce this section as are conferred by 26-6 (26-92). (See also RELEVANT WILDLIFE DEFINITIONS.)
A person who disturbs, molests, harasses, hunts, takes, or kills a bald eagle, or species of swan, shall be fined up to $100, jailed up to 30 days, or both. No person shall trap, net or snare a bird during a closed season or which is protected by statute, or set, bait, place or use a net, trap snare or other device to take a bird, except for traps on poles eight feet high or more for taking predatory birds not protected by law. The Commissioner may issue permits prescribing methods for taking nuisance birds damaging property, poultry, domestic animals and agricultural crops. No permit is required by USFW agents to trap birds for banding and release, but the Commissioner may require a permit to trap a bird listed as endangered, threatened or of special concern. No person shall keep, expose, let loose, or allow to escape a bird or fowl to have it shot at for sport, gain, marksmanship, or other purpose. No person shall shoot at a bird or fowl that has been kept or freed for such a purpose. This does not prohibit release of legally propagated game birds to be shot during open season (26-93 through -96).
A program is established for protection of endangered and threatened species. The Commissioner may conduct investigations of wildlife population, distribution, habitat needs, limiting factors, essential habitats and other biological and ecological data to determine conservation and management measures necessary to sustain the species successfully (26-305). The Commissioner shall establish procedures for determining whether a native species is endangered, threatened or of special concern, which consider: destruction/threatened destruction, modification or curtailment of habitat; overutilization for commercial, recreational, scientific, educational or private purposes; disease, predation or competition; inadequacy of existing regulatory mechanisms for continued existence of the species; other natural or man-made factors. The Commissioner shall adopt regulations listing native wildlife and plants endangered, threatened or of special concern, and to identify, where biologically feasible, essential habitats for endangered and threatened species. The Commissioner shall adopt regulations to establish criteria to be included in a petition pursuant to 4-174 to add/remove a species from the lists, or to add/remove an area identified as an essential habitat (26-306). Lists shall be reviewed at least every five years to determine whether to add/remove a species, or an area from the essential habitats list. The review of endangered species listed by the USDI shall be conducted in conjunction with the periodic year review process of the USDI pursuant to the Endangered Species Act. The Commissioner may adopt regulations to treat a species not listed as endangered or threatened under 26-306 as an endangered or threatened species when: the species so closely resembles a listed species that enforcement personnel would have substantial difficulty in differentiating them; this difficulty presents an additional threat to the listed species; treatment of the unlisted species as endangered or threatened would substantially facilitate enforcement and further the policy of 26- 303. The regulations may include a provision to allow conducting an activity which affects a species that resembles an endangered or threatened species if the person can demonstrate to the Commissioner that the activity does not affect the listed species (26-307 and -308). (See also HABITAT PROTECTION.)
In consultation with the Commissioner, each state agency shall conserve endangered and threatened species and their essential habitats, and ensure that agency action authorized, funded or performed does not threaten the continued existence of a listed species, or result in the destruction or adverse modification of essential habitat, unless the agency has been granted an exemption as provided. Agencies responsible for primary recommendation/initiation of actions on land or in aquatic habitats which may significantly affect the environment shall ensure that those actions are consistent with endangered species provisions, and shall take all reasonable measures to mitigate adverse impact on the species or essential habitat. The Secretary of the Office of Policy and Management shall consider the consistency of proposed actions with statutory provisions in determining whether an environment impact evaluation satisfies requirements. If a proposed action would be in violation, and there are no feasible and prudent alternatives, the agency may apply to the Commissioner for an exemption, which may be granted after considering the following: the agency did not make an irreversible commitment of resources after consultation with the Department that forecloses such alternatives; the action's benefits clearly outweigh alternative actions, consistent with conserving the species or its habitat, and the action is in the public interest; the action is of regional or state-wide significance; the agency plans to take reasonable mitigation measures to minimize adverse impacts upon the species or habitat, including, but not limited to, live propagation, transplantation, and habitat acquisition and improvement. If it is determined that a proposed action would not appreciably reduce the likelihood of survival or recovery of an endangered/threatened species, but would result in its incidental taking, the Commissioner shall provide the agency with a written statement specifying: the impact of incidental taking on the species; measures and alternatives to ensure the action does not appreciably reduce the likelihood of species recovery; terms, conditions and reporting requirements to ensure compliance with this section. Taking in compliance with measures and alternatives specified herein shall not be prohibited by 26-303 to 26-312 (26-310).
Except as otherwise provided, it is unlawful for: a person to take willfully endangered or threatened species on or from public property, state waters, or property of another without written permission of the owner; a person, including a landowner on whose land an endangered/threatened species occurs, to take willfully such species to sell, offer to sell, transport for commercial gain or export; any state agency to destroy or adversely modify essential habitat designated under 26-306 to reduce the habitat's viability to support such species, or so as to kill or injure the species, or appreciably reduce its likelihood of survival. Nothing herein shall prohibit: performing legal activities on one's own land that may result in incidental taking of endangered/threatened species or species of special concern; action pursuant to an exemption or permit under the federal Endangered Species Act or regulation, nor permit action prohibited by such act or regulation; transportation through the state of such species in accordance with terms of permit issued under another state's laws if the possessor can prove legal possession. In an emergency, the Commissioner may prohibit the taking of a state species of special concern threatened with undue depletion from overutilization for commercial, recreational, scientific, educational or private purposes. If the Commissioner finds that a person is conducting an activity or maintaining a facility or condition in violation of the above, a written order by certified mail shall be issued to cease immediately or to correct such facility. A hearing shall be held within 10 days to show cause why the order should not remain in effect, and within 10 days of the hearing the person shall be notified that the order remains in effect, is modified, or withdrawn. Notwithstanding other statutory provisions, the Commissioner may withhold from disclosure maps and records of the location of essential habitat or of threatened/endangered or special concern species, if the disclosure would create an unacceptable risk of destruction of, or harm to, such habitat or species. Prior to disclosure, the Commissioner may impose conditions including that the receiver of such information must furnish security sufficient to guarantee that they shall not destroy or harm, a habitat or species. The person shall be afforded opportunity for a hearing to challenge a refusal to disclose, or unreasonableness of an imposed condition or amount/kind of security required in accordance with provisions of chapter 54 (26-311 through -313).
If the Commissioner determines that trade in Connecticut of raw elephant ivory, or products manufactured or derived from same, contributes to extinction or endangerment of elephants, regulations shall be adopted in accordance with provisions in chapter 54 to regulate such trade (26-315).
HABITAT PROTECTION
[A program for the protection, preservation, acquisition and improvement of tidal wetlands is established, details of taking by eminent domain and for unpaid municipal property taxes (26- 17a).] The Commissioner shall post rights-of-way to each state owned/leased pond or stream clearly indicating its location and limits, and destruction of notices or Department property is a fine of $10-200, jail up to 60 days, or both (26-20 and -21).
The Department may establish state fish and game refuges and lease a tract of land, stream, lake, or pond suitable for propagation and preservation of fish and game, and may accept gifts of interest in a land, stream, lake, pond or personal property to be used for same upon agreed conditions, subject to Attorney General approval. The Commissioner may exercise the authority of a property owner for such purposes. The donor may exercise all rights incident to ownership of such property, except as limited by the conditions of the gift. The Commissioner shall post the boundary lines of fish and wildlife refuges, closed areas, management areas, fish hatcheries, fish rearing pools and retaining ponds forbidding entrance, but destruction of such notices shall not be a defense in a prosecution. The Commissioner may establish wildlife refuges, closed areas and safety zones on public lands and waters, and with the owner's consent, on private lands and waters, and close them to hunting, trapping, fishing and trespassing. Violation: up to $200 fine; jail up to 60 days; or both (26-99 through -101). Fish spawning areas and refuges may be established on waters or lands, and the Commissioner has emergency authority to declare a closed season on a species of fish threatened with depletion, and may suspend commercial fishing activity or close waters to fishing for limited periods (26-102). [Certain islands, rivers, marshes, and sanctuaries are listed and statutory restrictions on hunting, fishing and other activities are detailed in 26-103 through 26-106.] [Connecticut has a good policy statement on the preservation of tidal wetlands, and Chapter 440 covers permitted activities and the Commissioner's regulation of such areas.]
Unless authorized by the Commissioner, no person shall prevent the passing of fish in a stream by means of a rack, screen weir or other obstruction, or fail to remove such obstruction within 10 days after service of a Commissioner order (26-134). Upon petition of 10 or more persons owning property above a dam or artificial obstruction in existence on October 1, 1982, the Commissioner shall determine whether the dam shall be provided with a fishway by the person, firm or municipality owning or controlling the dam. Upon receipt of an application for a permit to construct or repair a dam, the Commissioner shall require a fishway if necessary to protect fisheries resources by providing access to natural spawning or nursery areas or to prevent the loss of a fishery from the dam area. Fishways shall be constructed and maintained subject to the Commissioner's approval and shall be kept open for fish passage. No person shall take a fish, except lamprey eels, during open season, within 250 feet of a fishway except as provided (26-136 and -137). Whenever a state dam impounds, affects the flow, or diverts the waters of a river or stream stocked with state trout, the Commissioner may regulate and set standards concerning stream flow. After consultation with state agencies, and after recognizing and providing for the needs and requirements of public health, flood control, industry, public utilities and water supply, stream and river ecology, aquatic life requirements, natural wildlife and public recreation, and after considering the natural flow into an impoundment, and after notice in the Connecticut Law Journal and to all parties having a direct interest, the Commissioner shall hold a public hearing, and promulgate regulations establishing instantaneous minimum flow standards and regulations for all stocked river and stream systems. These regulations shall: apply to all river and stream systems necessary to keep a sufficient flow of water to protect and maintain fish pursuant to the Commissioner's stocking program; preserve and protect the natural aquatic life; preserve and protect the natural and stocked wildlife dependent upon the flow of the water; promote and protect the water for public recreation; be consistent with needs and requirements of public health, flood control, industry, public utilities, water supply, public safety, agriculture and other lawful uses of such waters. After the promulgation of these minimum flow standards, no person, firm or corporation shall maintain a dam impounding or diverting water except in accordance with same. If a violation occurs, the Commissioner shall issue an order to comply, including a time schedule. If the person, firm or corporation fails to comply with the minimum flow standards, the Commissioner may request the Attorney General to bring an action in the Superior Court to enjoin restricting the water flow (26-141a through -141c).
No persons shall enter a state wildlife refuge or closed area to hunt, take, trap, snare, net, pursue, kill or destroy wildlife, nest or egg, or attempt such, nor permit their dogs to enter such refuge, nor do such in a lane, road or highway adjacent to a wildlife refuge or closed area; provided the Commissioner may take, hunt, kill or trap a fox, skunk, raccoon, wildcat, muskrat, mink, weasel, hawk, owl or other predacious bird or animal in state wildlife refuge or closed area. The detection of a person with a firearm, bow and arrow, trap, snare, net or dog upon such area shall be prima facie evidence of a violation; fine up to $100 (26-107).
The Commissioner may engage in wildlife management practices and expend federal aid funds to establish and maintain wildlife propagation installations and experimental stations on state land and water, and perform work related to the establishment, restoration, and protection of wildlife habitats, and for public ingress/egress from areas under its control (26-69). The Commissioner may engage in fisheries management practices and expend federal aid funds to establish, construct and maintain fish cultural installations, stream and pond improvement and control structures, experimental stations, and public facilities on Commission-controlled land and waters, and with a landowner's consent, on private land and water. Inland fisheries provisions do not apply to commercial fishing and do not affect any statute regulating fishing in a lake, pond or reservoir used for domestic water supply, nor shall any action be taken which will unreasonably interfere with management of a public water supply system. Violation: fine up to $200; jail up to 60 days; or both. Each fish taken or possessed illegally is a separate offense (26-115 through -117). (See also Restrictions on Taking: Fishing, under HUNTING, FISHING, TRAPPING PROVISIONS.)
No fish shall be furnished by the state for stocking a stream, river or lake in which fishing is prohibited by the owner, except that if the state has on hand more fish than required for stocking streams and other waters, the Commissioner may sell surplus fish at cost to a person for use for stocking state waters, whether or nor open to public fishing. To encourage landowners to engage in fish management practices, the Commissioner may sell at cost to landowners from stock on hand fish foods, chemicals, and compounds used in fisheries management, lake and pond bottom contour maps and related commodities. The Commissioner may sell surplus disease-free fish or fish eggs to commercial hatcheries at a cost competitive to commercial hatcheries, the proceeds to go into the general fund (26-130). No person, firm or municipality shall intentionally drain water from a stream, lake, pond, reservoir or other impoundment for taking fish, or any other purpose, to the point where the fish is endangered unless 48-hour notice has been given so that Department agents may enter such property to determine whether salvage of fish is necessary, and to carry out same. The person issuing an order to drain such waters is deemed responsible, and their name and title must be registered upon request of the Commissioner. Violation: fine up to $200 (26-138 and -139).
The Commissioner may acquire for the state essential habitat, for conservation of endangered, threatened or species of special concern by gift, devise, purchase, exchange, condemnation or other method. Agreements may be entered with federal agencies, state political subdivisions, other states, individuals or private organizations, for administration and management of programs established for the conservation of endangered and threatened species and for management of essential habitat areas for such species under 26-306 (26-309).
See also HUNTING, FISHING, TRAPPING PROVISIONS and Agency Advisory Boards under STATE FISH AND WILDLIFE AGENCIES.
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New Mexico Center for Wildlife Law
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