Cooperative Multi-State Possession and Landing Program for Summer Flounder (Paralichthys dentatus)

dentatus) (a) Definitions. (1) “Multi-state possession limit” means the sum of the commercial summer flounder possession limit for Connecticut waters and the commercial summer flounder possession limits for cooperating states within which the program participant has privileges to land summer flounder. (2) "Commissioner" has the same meaning as provided in section 22a-2(a) of the Connecticut General Statutes. (3) “Cooperating states” means states other than Connecticut with which Connecticut shares either a water or land boundary that have enacted rules enabling commercial fishermen licensed by that state to participate in the program, and that have provided notice to the commissioner of intent to cooperatively participate in the program, including, but not limited to, New York and Rhode Island. (4) "Department" means the Connecticut Department of Energy and Environmental Protection. (5) "Land" has the same meaning as provided in section 26-142a-16(3) of the Regulations of Connecticut State Agencies. (6) "Possession limit" has the same meaning as provided in section 26-142a-16(5) of the Regulations of Connecticut State Agencies. (7) “Program” means the Cooperative Multi-State Possession and Landing Program allowing eligible program participants, in accordance with this section, to simultaneously carry summer flounder possession limits for, and land summer flounder in, cooperating states during the same fishing trip from January 1 through April 30, inclusive. (8) “Program participant” means a commercial fisherman who upon application has been deemed eligible to participate in the program by the commissioner and is therefore granted the privileges afforded by the program. (b) Eligibility. (1) To be eligible to participate in the program in a given year, a commercial fisherman shall have: (A) A current commercial fishing license issued by the commissioner; (B) a current commercial fishing vessel permit issued by the commissioner; (C) a 2003 Summer Flounder License Endorsement Letter issued by the commissioner as provided in section 26-159a-10(b)(1)(A) of the Regulations of Connecticut State Agencies; (D) a current privilege to land summer flounder in at least one cooperating state; (E) no convictions for violations of state commercial fishing regulations or laws within any cooperating state, or for violations of federal commercial fishing regulations or laws, within the past three years; and (F) demonstrated compliance with commercial fishing reporting requirements as provided in section 26-157b of the Connecticut General Statutes. (2) To be eligible to land in Connecticut with a multi-state summer flounder possession limit on board, the commercial fisherman shall have on board official documentation, as described in subsection (d) of this section, verifying their authorization to participate in the multi-state possession and landings program of any cooperating state in which the fisherman plans to land the remainder of the multi-state possession limit. (c) Applicability. (1) To be considered for admission into the program in a given year, a commercial fisherman shall complete an application form issued by the commissioner and submit said form to the department. The application form may include but not be limited to: (A) Name of applicant; (B) address of applicant; (C) license numbers for commercial fishing licenses issued by the commissioner and any cooperating states as applicable; (D) commercial fishing vessel permit number; (E) make, model, vessel identification number, and home port of the permitted commercial fishing vessel that will be used for all fishing conducted under the auspices of the program; (F) proof of a 2003 Summer Flounder License Endorsement Letter issued by the commissioner; (G) proof of privilege to land summer flounder in cooperating states as applicable; (H) federal permit number; (I) federal operator’s license; (J) Connecticut port of landing; (K) port of landing in any cooperating states for which the applicant is privileged to land summer flounder; (L) acknowledgment of all program requirements to meet and maintain eligibility; and (M) acknowledgment that failure to comply with any program requirement shall result in immediate revocation of privilege to participate in the program. (2) The program is only applicable to commercial summer flounder Winter Period 1 (January 1 through April 30, inclusive). (d) Substantive Requirements. (1) If an applicant is deemed eligible to participate in the program in a given year by the commissioner, then the applicant shall be considered a program participant, as confirmed by a letter from the commissioner. Program participants shall be required to re-apply for the program annually. (2) Notwithstanding section 26-159a-10 of the Regulations of Connecticut State Agencies, eligible program participants are allowed to possess the multi-state possession limit as provided in this section and each program participant shall adhere to all other commercial fishing regulations and requirements adopted pursuant to Chapter 490 of the Connecticut General Statutes. (3) Beginning on the morning of January 1 at 0000 hours and ending on the night of April 30 at 2400 hours (Winter Period 1) each program participant shall have a multi-state possession limit for summer flounder. (4) Program participants will be subject to the following requirements during each fishing trip on which the participant possesses summer flounder in excess of the Connecticut possession limit to maintain program privileges: (A) Program participants may only use their multi-state possession limit when fishing on a permitted vessel associated with that program participant’s authorization; (B) summer flounder catch intended for landing in Connecticut and any cooperating state shall be stored such that the catch intended for each state is physically separated; catch intended for each state shall be stored in separate totes and identified with a written sign as to the intended port of landing; (C) all landings of summer flounder in Connecticut and any cooperating states shall occur between the hours of 0600-2000; and (D) program participants intending to land summer flounder in Connecticut shall call the department (860-424-3503) or email the department at deep.dispatch@ct.gov at least two hours prior to landing, and provide intended port and facility of landing, estimated time of landing, total weight of summer flounder to be landed in Connecticut, and intended ports of landing and total weight for any summer flounder to be landed in cooperating states. (5) The commissioner may revoke, in writing, the program privileges of any program participant if the commissioner determines that such program participant: (A) Has been issued an infraction, misdemeanor summons, or notice of violation for violating any federal, Connecticut, or cooperating state's commercial fishing regulations; (B) did not report landings as required in section 26-157b-1 of the Regulations of Connecticut State Agencies; (C) exceeded the multi-state possession limit that the program participant is entitled to; (D) violated any provision of Chapter 490 of the Connecticut General Statutes or any Regulation of Connecticut State Agencies promulgated thereunder including, but not limited to, this section; or (E) has program privileges revoked by a cooperating state. (6) In the event that a program participant’s privileges are revoked, the permitted vessel associated with that program participant’s authorization is no longer eligible to participate in the program upon such participant's receipt of privilege revocation. (7) Any program participant whose program privileges are revoked by the commissioner may apply to the commissioner for the restoration or reinstatement of such privileges within 30 days of receipt of revocation notice and the commissioner may hear such application and may restore or reinstate such privilege in accordance with section 26-61(c) of the Connecticut General Statutes. Such application shall be limited to taking factual issue regarding one or more determinations provided by the commissioner for revocation, as provided in subdivision (5) (A) to (E), inclusive, of this subsection. Should the commissioner deem that the revocation of program privileges was for due cause, the former program participant may not apply for re-admittance into the program for a period of five years from the date of revocation.