§4655. Duties; regulatory and enforcement powers; licenses-Article IV

Link to law: http://legislature.vermont.gov/statutes/section/10/112/04655
Published: 2015

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Title

10

:
Conservation and Development






Chapter

112

:
COMPACT FOR STATE AND FEDERAL MEMBERSHIP IN THE CONNECTICUT RIVER ATLANTIC SALMON COMMISSION











 

§

4655. Duties; regulatory and enforcement powers; licenses-Article IV

The duty of said

commission shall be to make inquiry and ascertain from time to time such

methods, practices, circumstances and conditions as may be disclosed for

bringing about the restoration of Atlantic salmon in the Connecticut River and

its tributaries.

To promote the

restoration, preservation and protection of Atlantic salmon in the Connecticut

River Basin the commission may draft and recommend to the governors of the

various signatory states legislation to accomplish this end. The commission

shall, more than sixty days prior to any regular meeting of the legislature of

any signatory state, present to the governor of the state its recommendations

relating to proposed enactments to be made by the legislature of the state in

furthering the intents and purposes of this compact.

The commission

shall have the power to recommend to the states party hereto stocking programs,

management procedures and research projects and when two or more states party

hereto shall jointly stock waters or undertake cooperative management or

research the commission shall act as the coordinating agency. The commission

using all available means, shall encourage acquisition by the signatory states

of river bank, river bed and access thereto.

The commission

shall consult with and advise the pertinent administrative agencies in the

signatory states with regard to other anadromous species and their potential

impact or the potential impact of sport fisheries and commercial fisheries for

other anadromous species on the restoration of Atlantic salmon to the

Connecticut River Basin.

In the interest

of developing a sound program of Atlantic salmon management the commission

shall promulgate regulations governing Atlantic salmon fishing in the main stem

of the Connecticut River in all four signatory states as hereinafter provided.

Such regulations may: (1) establish the open and closed seasons for Atlantic

salmon which may vary by river section, (2) establish hours, days of period

during the open season when fishing for Atlantic salmon shall not be permitted

in designated areas, (3) prescribe the legal methods of taking Atlantic salmon

including the type of gear such as gaffs, landing nets or tailers which may be

used to assist in landing such fish, (4) establish the minimum legal length for

Atlantic salmon, (5) establish the daily creel limit, the season creel limit

and the possession limit for Atlantic salmon. The commission shall recommend,

review and issue comments on such regulations as may be promulgated by the

signatory states governing Atlantic salmon fishing in tributary streams. The

states of Connecticut and Massachusetts agree to make available for brood

stock, from fish taken in the fish passage facilities at the Rainbow Reservoir

Dam and the Holyoke Power Company Dam, such numbers of adult Atlantic salmon as

the commission deems necessary to carry out the Atlantic salmon restoration

program.

The commission

shall have the power to issue a Connecticut River Basin Atlantic Salmon License

and the sale of such licenses shall be handled by the individual signatory

states or their authorized agents. The individual signatory states shall be

accountable to the commission for all such licenses and the monies received

therefrom. The initial fee for such licenses shall be determined by majority

vote of the commission but shall not exceed the maximum resident angling

license fee of the signatory states except that the commission may upon a

determination of need and with the unanimous approval of its membership

increase such license and issuing fee. The individual signatory states or their

issuing agent may retain a recording fee of up to fifty cents for each license

issued. Forms for such license shall be provided to the signatory states by the

commission. Such license shall be a legal prerequisite for any person including

minors fishing for or possessing Atlantic salmon in the waters or on the shores

of the Connecticut River and all of its tributaries. In addition to said Connecticut

River Basin Atlantic Salmon License, all persons, except those specifically

exempted because of age, disability or other limitations as determined by

statute or regulations of the individual signatory states shall be required to

possess a valid resident or nonresident sport fishing license issued by the

state in which such person is fishing. The commission shall recognize that in

certain waters or sections of waters a daily rod permit may also be required,

such daily rod permit to be issued by the state in which such waters or

sections of waters are located, however, the signatory states shall not, by

fee, distinguish between residents and nonresidents. The authority to limit the

number of persons fishing for Atlantic salmon in certain tributaries or sections

of certain tributaries shall remain the prerogative of the individual signatory

states.

The respective

police agencies of the signatory states shall have the authority to enforce all

of the regulations and license requirements of the commission any place in the

Connecticut River Basin.

The commission

shall have the authority to accept gifts, state grants and federal funds. The

commission shall have the authority to expend money from fees collected for

Connecticut River Basin Atlantic Salmon Licenses or from such other funds

available to the commission to finance the cost of stocking, management or

research carried on by signatory states to further the purposes of this

compact. Such funds shall be in the form of direct grants to the agency of such

state charged with the management of the fisheries resources and may be up to

one hundred percent of the cost of projects approved by a majority vote of the

commission. (1979, No. 89 (Adj. Sess.).)
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