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Substitute House Bill No. 5333
Public Act No. 26-101
AN ACT CONCERNING THE REGULATION OF STRIPED BASS
FISHING IN THE STATE, A WORKING GROUP CONCERNING THE
WILDLIFE CONSERVATION PROGRAM AND PROCEDURES
CONCERNING THE ESTABLISHMENT OF FISH PASSAGES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) ( Effective from passage ) Notwithstanding any
provision of title 26 of the general statutes, any person who violates any
regulation concerning the taking of striped bass, whether in the marine
or inland waters of the state, shall have committed an infraction and
shall pay a fine of one hundred fifty dollars for a first offense, three
hundred fifty dollars for a second offense and five hundred dollars for
a third or any such subsequent offense, by mail, or plead not guilty in
accordance with the provisions of section 51-164n of the general statutes,
provided for any infraction imposed pursuant to this section that occurs
in the towns of Derby, Shelton, Orange, Milford or Stratford, the amount
of such fine shall be paid to the respective munici pality where the
infraction occurred if a municipal law enforcement officer issued such
infraction.
Sec. 2. (NEW) ( Effective October 1, 2026 ) Notwithstanding any
provision of title 26 of the general statutes, for the period commencing
December first of each year and ending March thirty -first of the
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following year, all fishing for striped bass shall be catch and release. For
the purposes of this section, "catch and release" means the immediate
return of a caught fish, without avoidable injury, to the waters from
which such fish was taken.
Sec. 3. Subsection (b) of section 26 -107f of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(b) The Commissioner of Energy and Environmental Protection shall
establish a conservation program for species not traditionally harvested,
which shall include, but not be limited to, provisions for the following:
[Resource] Facilitation of the implementation of the most recent
federally approved state of Connecticut wildlife action plan, resource
inventory, habitat conservation, wildlife health, monitoring of
environmental and climate change impacts, conservation of endangered
and threatened species, conservation of biodiversity, wildlife recreation
management, wildlife conservation education, private landowner
assistance, urban wildlife conservation, problem animal management
and scientific research, planning, administration and development.
Sec. 4. Section 26 -107h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
[On or before February first, annually, the Commissioner of Energy
and Environmental Protection shall submit to the joint standing
committee of the General Assembly having cognizance of matters
relating to the environment a report on the progress of the program
established under section 26 -107f, the purposes for which any funds
allocated to said program were expended and the future of the
program.]
(a) There is established a working group within the legislature to
identify how the conservation program established in section 26-107f, as
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amended by this act, should be funded and implemented.
(b) Not later than thirty days after the effective date of this section,
the cochairpersons of the joint standing committee of the General
Assembly having cognizance of matters relating to the environment, in
consultation with the ranking members of said c ommittee, and the
Commissioner of Energy and Environmental Protection shall jointly
select two cochairpersons for such working group. Not later than forty-
five days after the effective date of this section, the cochairpersons of
such working group shall se lect the membership of such working
group, which shall include, but not be limited to: (1) One representative
of the Department of Energy and Environmental Protection, the
Department of Transportation and the Office of Policy and
Management, (2) three repr esentatives of conservation advocacy
organizations that work on wildlife -related issues, one of whom shall
have fisheries aquatic expertise and one of whom shall have avian
expertise, (3) one representative of a land conservation organization, (4)
two memb ers of the faculty of a state college or university, as
recommended by the Commissioner of Energy and Environmental
Protection, (5) one representative from a council of governments, (6) a
representative of the water utilities, (7) a representative of an
organization that represents recreational businesses in the state, (8) a
representative of the Connecticut Farm Bureau, or its designee, and (9)
a certified forester in this state.
(c) The cochairpersons of such working group shall convene such
working group not later than sixty days after the effective date of this
section. The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to the
environment shall serve as administrative staff of the working group.
Not later than January 15, 2027, the working group shall submit a report
on its findings and recommendations, including any proposed
legislative proposals, to the joint s tanding committee of the General
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Assembly having cognizance of matters relating to the environment, in
accordance with the provisions of section 11 -4a. The working group
shall terminate on the date that it submits such report or January 15,
2027, whichever is later.
Sec. 5. Section 26 -107i of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
The Commissioner of Energy and Environmental Protection may
establish a program for the sale of wildlife stamps, prints, posters,
calendars, publications or other items. Any revenue received from the
sale of such goods or materials and any funds donated to the state for
the purpose of the program established under section 26 -107f, as
amended by this act, shall be deposited in the General Fund and
allocated to the program established under section 26-107f, as amended
by this act.
Sec. 6. Section 26 -136 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
[(a) Upon petition of ten or more persons owning property above any
dam or artificial obstruction existing on October 1, 1982, built upon any
stream, the commissioner shall determine whether such dam or artificial
obstruction shall be provided by the person , firm, corporation or
municipality or political subdivision thereof, owning or controlling the
dam or obstruction with a suitable fishway for the passage of fish. Upon
receipt of an application for a permit to construct, rebuild or
substantially repair a dam or artificial obstruction built upon any
stream, the commissioner shall require the dam or artificial obstruction
be provided with a fishway if such a facility is necessary to protect
fisheries resources by providing access to natural spawning or nurs ery
areas or to protect the public interest by preventing the loss of a fishery
from the area of the dam or artificial obstruction. For the purposes of
this section, "rebuild" or "substantially repair" means any action altering
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the structure of the dam or artificial obstruction, changing the use of the
dam or artificial obstruction or impeding the available free passage of
fish.
(b) Within thirty days from the receipt of such petition or application,
the commissioner shall set a time and place for a hearing thereon, if in
the opinion of the commissioner a hearing is reasonable or necessary.
(c) Upon determination that a fishway is necessary, the commissioner
shall issue an order to the person, firm, corporation or municipality or
political subdivision thereof owning or controlling the dam or
obstruction to construct a fishway in the form, material, capacity, at such
location and within such time as the commissioner establishes. The
commissioner shall cause a copy of the order to be served on the person,
firm, corporation or municipality or political subdivision thereof. Such
fishway shall be constructed and maintained subject to the approval of
the commissioner, and shall be kept open and free for the passage of
such fish in such manner and during such period as the commissioner
requires. If no such period is specified by the commissioner, it s hall be
kept open and free from April first to November first in each year.]
(a) Any person may submit a petition to the Commissioner of Energy
and Environmental Protection for a safe, timely and effective fish
passage for any hydroelectric dam that is not subject to the jurisdiction
of the Federal Energy Regulatory Commission. Upo n the submittal of
such a petition, the commissioner shall determine whether there is a
safe, timely and effective fish passage for migratory fish at all life stages
upstream and downstream of such dam and associated reservoir. For
purposes of this section , a fish passage is deemed safe, timely and
effective if it meets or exceeds the Connecticut River Migratory Fish
Restoration Cooperative's fish passage standards developed by the
Connecticut River Atlantic Salmon Commission.
(b) If the commissioner determines that there is not a safe, timely and
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effective fish passage, the commissioner shall prescribe, by order, issued
to the person, firm, corporation or municipality, or political subdivision
thereof, that owns or controls such dam, the conditions to ensure such a
safe, timely and effective fish p assage both upstream of such reservoir
and downstream of such dam. Such conditions may include, but shall
not be limited to, requirements to (1) construct, rebuild and operate
fishways, (2) remove any artificial obstructions, and (3) maintain
minimum water flows. If the commissioner determines that any existing
fish passage structures are ineffective or harmful to aquatic life, the
commissioner shall include conditions to remediate such harm,
including, but not limited to, removal or reconstruction of the f ish
passage structures.
(c) Not later than one hundred eighty days after submittal of any such
petition, the commissioner shall publish notice of the commissioner's
tentative determination as to whether there is a safe, timely and effective
fish passage. If the commissioner deter mines that there is not a safe,
timely and effective fish passage, the commissioner shall publish a draft
order in the commissioner's notice of tentative determination. Such
notice shall be published on the Department of Energy and
Environmental Protection 's Internet web site. The commissioner shall
provide a public comment period on such tentative determination of not
less than thirty days following publication of such tentative
determination and the Department of Energy and Environmental
Protection shall hold a public hearing before making any final
determination on such petition. The person, firm, corporation or
municipality, or political subdivision thereof, that owns or controls any
dam that is the subject of such a public hearing shall be deemed to be a
party to such hearing.
(d) For any dam or artificial obstruction not subject to the provisions
of subsection (a) of this section, the commissioner shall, upon petition of
ten or more persons that own property above any such dam or artificial
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obstruction existing on October 1, 1982, built upon any stream,
determine whether such dam or artificial obstruction shall be provided,
by the person, firm, corporation or municipality, or political subdivision
thereof, that owns or controls such dam or ob struction, with a suitable
fishway for the passage of fish.
(e) Upon receipt of any application for a permit to construct, rebuild
or substantially repair a dam or artificial obstruction built upon any
stream, as described in subsection (d) of this section, the commissioner
shall require such dam or artificial obst ruction be provided with a
fishway if such a facility is necessary to protect fisheries resources by
providing access to natural spawning or nursery areas or to protect the
public interest by preventing the loss of a fishery from the area of the
dam or art ificial obstruction. For the purposes of this subsection,
"rebuild" or "substantially repair" means any action altering the
structure of the dam or artificial obstruction, changing the use of the
dam or artificial obstruction or impeding the available free passage of
fish.
(f) Not later than thirty days after receipt of such a petition, as
described in subsection (d) of this section, or an application, as described
in subsection (e) of this section, the commissioner shall set a time and
place for a hearing on such petition o r application, as applicable, if, in
the opinion of the commissioner, a hearing is reasonable or necessary.
(g) Upon a determination that a fishway is necessary pursuant to
subsection (d) or (e) of this section, as applicable, the commissioner shall
issue an order to the person, firm, corporation or municipality, or
political subdivision thereof, that owns or co ntrols such dam or
obstruction to construct a fishway in the form, material, capacity, at such
location and within such time as the commissioner establishes. The
commissioner shall cause a copy of such order to be served on such
person, firm, corporation o r municipality, or political subdivision
thereof. Such fishway shall be constructed and maintained subject to the
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approval of the commissioner, and shall be kept open and free for the
passage of such fish in such manner and during such period as the
commissioner requires. If no such period is specified by the
commissioner, such fishway shall be kept open and free from April first
to November first in each year.