Researcher: JKL Page 1 4/12/23
OLR Bill Analysis
sSB 1146
AN ACT CONCERNING REVISIONS TO VARIOUS PROGRAMS OF
THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL
PROTECTION.
TABLE OF CONTENTS:
SUMMARY
§ 1 — CONSERVATION OFFICER TRAINING REQUIREMENTS
Requires conservation officers to become POST-certified within one year after being
appointed; updates training requirements for special conservation officers and certain lake
patrolmen
§§ 2 & 3 — PUBLIC HEARING NOTICE ON FISHING REGULATIONS
Requires the DEEP commissioner to post notice of a public hearing on proposed fishing
regulations on DEEP’s website and the state’s eRegulations system; requires her to give
the notice to affected municipalities so they may post it on their websites
§§ 4 & 5 — EMERGENCY CLOSED SEASON FOR THREATENED
REGULATED SPECIES
Authorizes the DEEP commissioner to declare an emergency closed season for any
regulated species threatened with undue depletion, rather than just a threatened fish
species; specifies that this authority applies to recreational and commercial fishing
§ 6 — LAMPREY FISHING NEAR FISHWAYS PROHIBITED
Prohibits lamprey fishing within 250 feet of a fishway (or other distance the DEEP
commissioner sets)
§ 7 — TRANSFERRING COMMERCIAL FISHING LICENSES
Expands the circumstances under which DEEP may temporarily reissue or permanently
transfer certain commercial fishing licenses
§§ 8 & 9 — PERMIT OR LICENSE APPLICATION PUBLIC NOTICE
Allows certain permit or license applicants to publish notice of their application in a
newspaper or on the affected municipality’s website; requires notice to also be published on
DEEP’s website; requires DEEP to publish certain tentative determinations on its website
§§ 10 & 11 — OPEN SPACE AND WATERSHED LAND ACQ UISITION
PROGRAM GRANTS
Provides an exception to the general program rule that state grants cannot be made for
land that is already committed for public use; specifies criteria for the exception to apply
2023SB-01146-R000517-BA.DOCX
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SUMMARY
This bill makes changes in various statutes and programs related to
the Department of Energy and Environmental Protection (DEEP), as
summarized in the section-by-section analysis below.
EFFECTIVE DATE: Upon passage
§ 1 — CONSERVATION O FFICER TRAINING REQUIREMENTS
Requires conservation officers to become POST-certified within one year after being
appointed; updates training requirements for special conservation officers and certain lake
patrolmen
Under current law, each DEEP-appointed conservation officer or
special conservation officer must either complete a police training
course at the state police training school or an equivalent course
approved by the Department of Emergency Services and Public
Protection (DESPP) commissioner. The bill instead requires each
conservation officer to become certified by the Police Officer Standards
and Training Council (POST) within one year after being appointed. It
also requires each special conservation officer to become POST-certified
or complete a DESPP commissioner-approved equivalent course.
For lake patrolmen appointed by DEEP as special conservation
officers to enforce boating laws in their respective jurisdictions, the bill
requires each to complete a police training course at a POST-approved
training academy. Current law requires they complete the course at the
state police training school or an equivalent DESPP commissioner-
approved course.
§§ 2 & 3 — PUBLIC HEARING NOTICE ON FISHING REGULATIONS
Requires the DEEP commissioner to post notice of a public hearing on proposed fishing
regulations on DEEP’s website and the state’s eRegulations system; requires her to give
the notice to affected municipalities so they may post it on their websites
The bill requires the DEEP commissioner to post notice of a public
hearing on proposed fishing regulations for inland and marine fishing
(including sport fishing and commercial fishing activities) on DEEP’s
website and the state’s eRegulations system, rather than in newspapers
as under current law. The bill requires her to post notice at least 14 days
before a hearing. Current law requires notice of at least 14 days for 2023SB-01146-R000517-BA.DOCX
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inland fishing regulations and between 10 and 30 days for marine
fishing regulations.
The bill also requires the commissioner, or her designee, to give a
copy of a notice on (1) inland fishing regulations to each municipality
where the waters are located and (2) marine fishing regulations to each
coastal municipality with people substantially affected by the
regulations, for publication on the municipalities’ websites.
§§ 4 & 5 — EMERGENCY CLOSED SEASON FOR T HREATENED
REGULATED SPECIES
Authorizes the DEEP commissioner to declare an emergency closed season for any
regulated species threatened with undue depletion, rather than just a threatened fish
species; specifies that this authority applies to recreational and commercial fishing
The bill expands the DEEP commissioner’s authority to declare an
emergency closed season because of undue species depletion to any
regulated species, not just a fish species. “Regulated species” include
any bait species, crustaceans, finfish, horseshoe crabs, sea scallops,
squid, or whelk (CGS § 26-1). It also specifies, by removing a statutory
conflict, that her emergency closure powers apply to both recreational
and commercial fishing.
§ 6 — LAMPREY FISHING NEAR FISHWAYS PROH IBITED
Prohibits lamprey fishing within 250 feet of a fishway (or other distance the DEEP
commissioner sets)
The bill prohibits lamprey fishing within 250 feet of a fishway. The
DEEP commissioner may determine and post a different distance she
decides is necessary. Current law prohibits all fishing near fishways,
except for lamprey during its open season. (A fishway is a passage way
for fish, usually near dams and artificial obstructions.)
Any person who violates the fishing prohibition is subject to a $250
fine. Each fish taken or possessed is a separate offense (CGS § 26-141).
§ 7 — TRANSFERRING COMMERCIAL FISHING LICENSES
Expands the circumstances under which DEEP may temporarily reissue or permanently
transfer certain commercial fishing licenses
The bill expands the circumstances under which DEEP may
temporarily reissue or permanently transfer certain commercial fishing 2023SB-01146-R000517-BA.DOCX
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licenses (i.e., principal commercial fishing license, general commercial
fishing license, or commercial lobster pot fishing license).
Temporary License Reissue
Under current law, the DEEP commissioner may temporarily reissue
a commercial fishing license while the licensee is incapacitated and, as a
result, cannot operate a vessel or fish. DEEP may issue a temporary
license only to a member of the licensee’s immediate family or crew, and
for either 12 months, or the period of incapacity, whichever is shorter.
The bill instead allows the commissioner to temporarily reissue a
license due to a licensee’s own incapacity or an immediate family
member’s medical situation that prevents the licensee from fishing. The
temporary license will be valid for the duration of the licensee’s
incapacity or family member’s medical situation. The bill specifies that
any landings made under the temporary license may count toward the
requirements for a permanent license transfer.
Permanent License Transfer
By law, the DEEP commissioner may permanently transfer a
commercial fishing license to another person if the original licensee
landed regulated species in at least five of the prior eight years and
reported landings to the commissioner for at least 30 fishing days in
each year. The bill also allows the commissioner to permanently transfer
a license if the original licensee owned a vessel that landed regulated
species under a quota-managed species license endorsement in at least
five of the prior eight years and reported landings to the commissioner
for at least 30 fishing days in each year.
Additionally, the bill allows a recipient of a transferred license to use
a vessel that is 20% greater, rather than 10% as under current law, than
the length of the largest vessel the original licensee used when fishing
with a trawl net.
Transfer After the Licensee’s Death
The bill expands the circumstances under which the DEEP
commissioner may transfer a license following the death of a licensee. 2023SB-01146-R000517-BA.DOCX
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By law, she may transfer the license for a two-year period from the date
of the licensee’s death by using the permanent transfer process
described above.
Under the bill, if the deceased held a license for less than five calendar
years, the DEEP commissioner may transfer the license as long as the
licensee landed regulated species, or owned a vessel that did so under a
quota-managed species license endorsement, for at least six months of
each year in which the licensee held the license and reported the
landings to the commissioner as required for at least 30 fishing days
each year.
§§ 8 & 9 — PERMIT OR LICENSE APPLICATION PUBLIC NOTICE
Allows certain permit or license applicants to publish notice of their application in a
newspaper or on the affected municipality’s website; requires notice to also be published on
DEEP’s website; requires DEEP to publish certain tentative determinations on its website
The bill revises the public notice requirements for applications for
certain DEEP-issued permits and licenses for various regulated
activities (e.g., constructing dams, constructing solid waste facilities,
dredging, stream channel encroachment). Currently, an applicant must
publish notice of an application in a local newspaper. The bill instead
requires the applicant to publish notice either in a local newspaper of
general circulation or on the website where the affected municipality
posts local land use decisions. The bill also requires the notice to be
published on DEEP’s website. (By law, the applicant must include a
copy of the notice with its application.)
By law, the DEEP commissioner must publish her tentative
determination on an application at least 30 days before approving or
denying the application. Currently, she must publish it in the affected
area’s local newspaper with substantial circulation at the applicant’s
expense. Under the bill, if the application relates to a single-family
residential property, she must publish her tentative determination on
the affected municipality’s website where local land use decisions are
posted and on DEEP’s website.
§§ 10 & 11 — OPEN SPACE AND WATERSHED LA ND ACQUISITION
PROGRAM GRANTS 2023SB-01146-R000517-BA.DOCX
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Provides an exception to the general program rule that state grants cannot be made for
land that is already committed for public use; specifies criteria for the exception to apply
The Open Space and Watershed Land Acquisition Program (OSWA)
gives state grants to municipalities, land trusts, and water companies to
buy land to be preserved as open space in perpetuity.
Current law prohibits OSWA grants for land that is already
committed for public use. The bill creates an exception to this. Under the
bill, land will not be considered “already committed for public use” if it
is subject to a conservation easement or restriction that resulted from a
federally funded land conservation program, municipal conservation
grant program, or private conservation grant program before the state’s
permanent conservation easement is recorded.
Under the bill, in order for this exception to apply, the following must
happen:
1. the non-state conservation easement or restriction must be
executed after the OSWA grant agreement has been executed;
2. any non-federal holder of easements must subordinate their
interests in the land to the state’s interests when the state’s
permanent conservation easement is recorded;
3. funds associated with non-state easements or restrictions (i.e.,
federal funds, municipal grant funds, or private grant funds)
must be used as matching funds for the OSWA grant; and
4. the DEEP commissioner must determine that the conveyance of
the other conservation easement or restriction, in combination
with the acquisition of the state’s interest under OSWA, is one
concurrent property acquisition.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 31 Nay 2 (03/24/2023)