Sec.26-159a-5. Vessel size

(a) (1) No person shall use any vessel greater than forty four (44) feet in length for the purpose of towing any otter trawl, beam trawl or similar device in the waters of this state west of longitude 73° 00’, except a person may use a vessel greater than forty four (44) feet in length for this purpose if that person used any vessel greater than forty four (44) feet in length for this purpose in the calendar year 1982. Use during calendar year 1982 shall be determined by inspection of the fishing records filed pursuant to section 26-157b of the Connecticut General Statutes, and shall be demonstrated by fishing activities in Connecticut waters and/or the landing of catch at Connecticut ports. Size of vessel in use during calendar year 1982 shall be determined by inspection of the fishing license application or renewal filed pursuant to section 26-142a of the Connecticut General Statutes or by inspection of vessel registration or documentation. Any person who meets the criteria for the use of a vessel greater than forty four (44) feet in length may use any vessel with a length equal to or less than that of the vessel for which the exception was determined.

(2) A person denied the use of any vessel under this subsection may apply in writing to the Commissioner for a variance. The Commissioner, at his discretion, may grant a variance provided:

(A) the applicant used any vessel for the purpose of towing any otter trawl, beam trawl or similar device in Connecticut waters during the calendar year 1982 and acquired a vessel larger than forty four (44) feet in length prior to December 31, 1982;

(B) the applicant made a written commitment prior to December 31, 1982 to acquire or construct a vessel larger than forty four (44) feet in length for the purpose of towing any otter trawl, beam trawl or similar device in Connecticut waters; or

(C) the applicant is an ascendent, descendant or sibling of a person using, at the time of the application, a vessel larger than forty four (44) feet in length pursuant to this subsection, and the applicant is applying to use said vessel.

(b) No person shall use any vessel greater than twenty six (26) feet in length to tow any otter trawl, beam trawl or similar device in any waters of the state north of a line beginning at the southerly tip of the Byram River breakwater to buoy N2, which is two-tenths of a nautical mile southwest of Great Captain Island to buoy N34, which is one-half nautical mile south of Greenwich Point in Greenwich to buoy R32, which is eight-tenths of a nautical mile south of Shippan Point in Stamford to buoy R24A, which is nine-tenths of a nautical mile south of Pecks Ledge in Norwalk to buoy R24, which is nine-tenths of a nautical mile southeast of the southern tip of Cockenoe Reef in Norwalk to buoy BH, which is one and four-tenths nautical miles southeast of Penfield Reef Light in Bridgeport to a point midway between buoy R18 and R20, which point is one and six-tenths nautical miles south of Point No Point in Stratford and thence towards the west end of the west breakwater at New Haven Harbor and west of a line drawn from the Stratford Shoal light to the easterly breakwater of the Housatonic River in Milford.

(c) No person shall use any vessel greater than forty-four (44) feet in length to tow any otter trawl, beam trawl or similar device in any waters of the state north of a line from shore to shore running through buoy C5 at Three Foot Rock in East Lyme and buoy N6 at Black Rock in Waterford.

(d) No person shall use any vessel to tow any otter trawl, beam trawl or similar device in any waters of the state north of a line extending from the southern tip of the Old Saybrook west breakwater to Buoy R8 which is 1.5 nautical miles southeast of the southern tip of the Old Saybrook west breakwater to the shoreline at 72 degrees 18 minutes west longitude in Old Lyme, which is approximately 1.9 nautical miles east of the Old Saybrook breakwater, from Friday one hour after sunset to Sunday one hour before sunset.

(Effective March 17, 1994)