§ 113-221.1. Proclamations; emergency review.
§ 113‑221.1. Proclamations; emergency review.
(a) Chapter 150B of the General Statutes does not apply toproclamations issued under this Article.
(b) The Marine Fisheries Commission may delegate to theFisheries Director the authority to issue proclamations suspending orimplementing, in whole or in part, particular rules of the Commission that maybe affected by variable conditions. These proclamations shall be issued by theFisheries Director or by a person designated by the Fisheries Director. Except asprovided in this subsection, all proclamations shall state the hour and dateupon which they become effective and shall be issued at least 48 hours inadvance of the effective date and time. A proclamation that prohibits thetaking of certain fisheries resources for reasons of public health or thatgoverns a quota‑managed fishery may be made effective immediately uponissuance. A proclamation to reopen the taking of certain fisheries resourcesclosed for reasons of public health shall be issued at least 12 hours inadvance of the effective date and time of the reopening. A person who violatesa proclamation that is made effective immediately upon issuance shall not becharged with a criminal offense for the violation if the violation occurredbetween the time of issuance and 48 hours after the issuance and the person didnot have actual notice of the issuance of the proclamation. Fisheries resourcestaken or possessed by any person in violation of any proclamation may be seizedregardless of whether the person had actual notice of the proclamation. Apermanent file of the text of all proclamations shall be maintained in theoffice of the Fisheries Director. Certified copies of proclamations areentitled to judicial notice in any civil or criminal proceeding. The FisheriesDirector shall make every reasonable effort to give actual notice of the termsof any proclamation to persons who may be affected by the proclamation.Reasonable effort includes a press release to communications media, posting ofa notice at docks and other places where persons affected may gather, personalcommunication by inspectors and other agents of the Fisheries Director, andother measures designed to reach the persons who may be affected. It is adefense to an enforcement action for a violation of a proclamation that aperson was prevented from receiving notice of the proclamation due to a naturaldisaster or other act of God occasioned exclusively by violence of naturewithout interference of any human agency and that could not have been preventedor avoided by the exercise of due care or foresight.
(c) All persons who may be affected by proclamations issued bythe Fisheries Director are under a duty to keep themselves informed of currentproclamations. It is no defense in any criminal prosecution for the defendantto show that the defendant in fact received no notice of a particularproclamation. In any prosecution for violation of a proclamation, or in whichproof of matter contained in a proclamation is involved, the Department is deemedto have complied with publication procedures; and the burden is on thedefendant to show, by the greater weight of the evidence, substantial failureof compliance by the Department with the required publication procedures.
(d) Pursuant to the request of five or more members of theMarine Fisheries Commission, the Chair of the Marine Fisheries Commission maycall an emergency meeting of the Commission to review an issuance or proposedissuance of proclamations under the authority delegated to the FisheriesDirector pursuant to subsection (b) of this section or to review thedesirability of directing the Fisheries Director to issue a proclamation toprohibit or allow the taking of certain fisheries resources. At least 48 hoursprior to any emergency meeting called pursuant to this subsection, a publicannouncement of the meeting shall be issued that describes the action requestedby the members of the Marine Fisheries Commission. The Department shall makeevery reasonable effort to give actual notice of the meeting to persons who maybe affected. After its review is complete, the Marine Fisheries Commission,consistent with its duty to protect, preserve, and enhance the commercial andsports fisheries resources of the State, may approve, cancel, or modify thepreviously issued or proposed proclamation under review or may direct theFisheries Director to issue a proclamation that prohibits or allows the takingof certain fisheries resources. An emergency meeting called pursuant to thissubsection and any resulting orders issued by the Marine Fisheries Commissionare exempt from the provisions of Article 2A of Chapter 150B of the GeneralStatutes. The decisions of the Marine Fisheries Commission shall be the finaldecision of the State and shall not be set aside on judicial review unlessfound to be arbitrary and capricious. (1915, c. 84, s.21; 1917, c. 290, s. 7; C.S., s. 1878; 1925, c. 168, s. 2; 1935, c. 35; 1945,c. 776; 1953, cc. 774, 1134, 1251; 1963, c. 1097, s. 1; 1965, c. 957, s. 2;1973, c. 1262, ss. 28, 86; c. 1331, s. 3; 1975, 2nd Sess., c. 983, s. 70; 1979,c. 388, s. 6; 1983, cc. 221, 619, 620; 1987, c. 641, ss. 7, 19; c. 827, s. 7;1997‑400, s. 4.3; 1998‑225, s. 3.8; 2000‑189, s. 9; 2003‑154,s. 2.)