Secs. 26-187 to 26-191. Commissioners; appointment; report. Compensation of shellfish commissioners. Office; clerk; expenses. Engineer; employment. Use of shellfisheries boat. Sections 26-187 to 26-191, inclusive, are repealed.
(1949 Rev., S. 3591; 5021−5024; June, 1955, S. 2555d; 1957, P.A. 21; 346, S. 1; September, 1957, P.A. 11, S. 13; 1959, P.A. 95, S. 1; February, 1965, P.A. 574, S. 32; 1971, P.A. 872, S. 152.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192. Exclusive jurisdiction of state. The state shall exercise jurisdiction and control over all shellfisheries which are located in that area of the state described in section 3294 of the general statutes, revision of 1918; and the Commissioner of Agriculture shall prepare a map of such area and shall keep the same on file for public inspection in his office. All shellfisheries not within said area, except as provided in section 26-257, shall be within the jurisdiction and control of the towns in which they are located. If a difference arises between any town and the commissioner as to the boundary line between such town and said area, such town, by its selectmen, may bring its petition to the superior court for the judicial district within which such town is situated, to determine such boundary line, and said court, upon a reasonable notice to the parties, shall hear such petition and appoint a committee to ascertain the facts in such case and report the same to said court, and said court shall thereupon make such order as may be proper in the premises; the landmarks referred to herein and the locations thereof being as the same existed and were known on April 26, 1882.
(1949 Rev., S. 5025; 1959, P.A. 95, S. 2; 1971, P.A. 870, S. 81; 872, S. 331; 1972, P.A. 52, S. 1; P.A. 76-436, S. 602, 681; P.A. 78-280, S. 1, 127.)
History: 1959 act deleted reference to New Haven as location of shellfish commissioners' office; 1971 acts replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable, and replaced references to shellfish commissioners and clerk of shellfisheries with references to commissioner of environmental protection; 1972 act replaced commissioner of environmental protection with commissioner of agriculture; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties.
All lands southerly of this line are in the exclusive jurisdiction of the commissioners. 52 C. 61; 62 C. 50; 66 C. 289.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192a. Lead agency. The Department of Agriculture shall be the lead agency on shellfish in Connecticut. The department: (1) Shall coordinate the activities of other state agencies with regard to shellfish; (2) shall act as a liaison on shellfish matters between the state and municipalities, including local shellfish commissions; (3) shall take steps necessary to ensure compliance with federal standards for the shellfish sanitation program and compliance with the National Shellfish Sanitation Program; (4) may, in conjunction with the Department of Public Health, enter into agreements with municipalities to utilize available municipal resources for monitoring and testing; and (5) shall encourage depuration.
(P.A. 89-321, S. 1, 12; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192b. Standards for shellfish testing. The Department of Public Health shall recommend to the Department of Agriculture health standards for shellfish testing and shall approve private laboratories to perform shellfish testing.
(P.A. 89-321, S. 3, 12; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192c. (Formerly Sec. 19a-96). Inspection and regulations concerning shellfish. License. (a) The Department of Agriculture may inspect shellfish beds and areas in this state where shellfish are grown or harvested, all boats, tools and appliances used in the production and preparation of shellfish and all wharves or buildings where shellfish are stored, transferred, opened, packed or prepared for sale or shipment. It may prescribe regulations, after consultation with the Department of Public Health, for the sanitary growth, production, purification and preparation of shellfish. Each commercial harvester, producer or shipper of shellfish shall obtain from said department a license on which shall be stated information regarding the identification of the license holder and any conditions pertaining to the character of such licensee's shellfish operations. Said department may establish a fee for each type of shellfish license it issues. The department may require that shellfish shipments be tagged or containers marked to identify the shipper by name and location and the source of the shipment and furnish such other pertinent information as may apply. Any license granted under the authority of this section may be revoked by said department for cause, after notification and hearing. No person, firm or corporation shall make any shipments or deliveries of shellfish after the license of such person, firm or corporation has been suspended or revoked. Any license may be suspended pending revocation proceedings, or amended, if shellfishing operations or harvesting areas are a public health hazard or if the licensee has violated any provision of this section, section 26-192e, 26-192f or 26-192h or any applicable department regulation or any section of the Public Health Code concerning shellfishing. The department may refuse to issue a license if the applicant has violated any provision of this section, section 26-192e, 26-192f or 26-192h or any applicable department regulation or any section of the public health code concerning shellfish.
(b) The Department of Agriculture may delegate its licensing authority pursuant to this section and sections 26-192f and 26-192h to other state agencies and to local agencies.
(1949 Rev., S. 4186; P.A. 77-614, S. 323, 610; P.A. 85-313, S. 1; 85-613, S. 123; P.A. 89-321, S. 4, 12; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-53 transferred to Sec. 19a-96 in 1983; P.A. 85-313 expanded the department's authority to inspect shellfish from those areas where shellfish are grown for market to all areas and to buildings where shellfish are stored or transferred, authorized regulations re purification, permitted license suspension where there is a public health hazard or for violation of shellfish laws and regulations and substituted "license" for "certificate" throughout; P.A. 85-613 made technical changes; P.A. 89- 321 transferred authority for inspection, regulation and licensing from department of health services to department of agriculture, made technical changes and added Subsec. (b) re delegation of authority; Sec. 19a-96 transferred to Sec. 26- 192c in 1991; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
See Sec. 26-192i for definition of "shellfish".

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192d. (Formerly Sec. 19a-97). Appeals from orders, suspension or revocation of a license. Any person, firm or corporation aggrieved by any order, suspension or revocation of a license made under the provisions of sections 26-192c to 26- 192i, inclusive, may appeal therefrom in accordance with section 4-183, except venue for such appeal shall be in the judicial district in which the business or residence of such person, firm or corporation is located.
(1949 Rev., S. 4187; 1971, P.A. 870, S. 108; P.A. 76-436, S. 379, 681; P.A. 77-603, S. 48, 125; P.A. 78-280, S. 1, 127; P.A. 85-313, S. 2.)
History: 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous appeal provisions with statement that appeals be in accordance with Sec. 4-183 but retained venue and precedence in order of trial as before; P.A. 78-280 deleted reference to counties; Sec. 19-54 transferred to Sec. 19a-97 in 1983; P.A. 85-313 substituted "license" for "certificate" and authorized an appeal for license suspension; Sec. 19a-97 transferred to Sec. 26- 192d in 1991.
See Sec. 26-192i for definition of "shellfish".

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192e. (Formerly Sec. 19a-98). Classification of coastal waters, shores and tidal flats for the taking of shellfish. (a) The Department of Agriculture may prohibit the taking or harvesting of shellfish from designated areas in tidal flats, shores and coastal waters whenever it finds by examinations or surveys that such flats, shores or coastal waters are contaminated or polluted to the extent that the waters do not meet standards of purity established by said department, in conjunction with the Department of Public Health, or that shellfish obtained therefrom may be unfit for food or dangerous to the public health. The Department of Agriculture shall classify the coastal waters, shores and tidal flats for the taking of shellfish. The classifications shall be: Approved, conditional, restricted, conditionally restricted, and prohibited. The conditional classification shall include conditional-open and conditional-closed. Any person aggrieved by a classification decision pursuant to this section may appeal such decision in accordance with the provisions of chapter 54. An area may be classified as prohibited for the taking or harvesting of shellfish unless it conforms to the standards established by the department for classifications other than prohibited. The department may specify the activities which may occur within each classified area. Such activities shall be listed on a shellfish license issued by the department. Waters and areas classified as approved or conditional- open shall conform to standards of purity, shall be free from discharge of sewage or other deleterious substances, and the shellfish obtained therefrom shall not be so polluted or contaminated as to be dangerous to the public health. The Department of Agriculture may delegate its authority for the classification of tidal flats, shores and coastal waters for the taking of shellfish pursuant to this section to other state agencies and local agencies.
(b) The department shall, by written order, promulgate definite bounds of the area or areas closed to shellfishing when classified as conditional-closed, conditionally restricted, restricted or prohibited. Such order shall become effective when (1) the closure classification is published in a newspaper having circulation in towns, cities and boroughs in which or adjacent to which any such area is situated; (2) the classification is filed in the offices of the clerk and the director of health in each such town, city or borough, and (3) signs are posted at points on or near every such classified area.
(c) Notwithstanding subsection (b), when the Commissioner of Agriculture, after consultation with the Commissioner of Public Health, finds that tidal flats, shores or coastal waters which may contain shellfish are so contaminated or polluted that a health emergency exists, he may close such area for the duration of such emergency by giving notice of such emergency closure (1) in writing to the municipal or district health authority and (2) to the general public by publication in a newspaper having general circulation in the town, city or borough within which such area lies. Such notice shall state when the closing shall take effect.
(d) No person shall take or harvest shellfish from areas classified as conditional- closed, restricted, conditionally restricted or prohibited pursuant to subsections (a) and (b) of this section or closed because of a health emergency pursuant to subsection (c) of this section or from areas or parts of areas where shellfish have been transplanted or relayed except in accordance with the terms and conditions of a license issued pursuant to section 26-192c or section 26-192h. The Department of Agriculture may delegate its authority for the classification of coastal waters, shores, and tidal flats for the taking of shellfish pursuant to this section to other state agencies and local agencies.
(1949 Rev., S. 4188; P.A. 76-84, S. 1; P.A. 77-614, S. 323, 610; P.A. 83-34; P.A. 89-321, S. 5, 12; P.A. 90-230, S. 86, 101; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 76-84 placed shellfish in coastal waters under commissioner's control, deleted provision allowing taking shellfish for bait in posted areas, allowed closure when shellfish determined as possibly unfit for food and dangerous to public health, specified that closure may be permanent, temporary or contingent upon specified events and added Subsecs. (b) and (c) re closure procedures; P.A. 77-614 replaced department and commissioner of health with department and commissioner of health services, effective January 1, 1979; Sec. 19-55 transferred to Sec. 19a-98 in 1983; P.A. 83-34 amended Subsec. (a) to authorize the department of health services to prohibit the taking of shellfish from "designated areas" within shellfish grounds and to make any one of the listed grounds for closure sufficient where previously all were necessary for closure by substituting "or" for "and" and added Subsec. (d) which requires that shellfish taken from contaminated or closed areas be taken pursuant to a certificate or license; P.A. 89-321 transferred authority from the department of health services to the department of agriculture, provided for the classification system, made technical changes and added provision authorizing delegation of authority; Sec. 19a-98 transferred to Sec. 26-192e in 1991; P.A. 90-230 made technical change to Subsec. (a); P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
See Sec. 26-192i for definition of "shellfish".

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192f. (Formerly Sec. 19a-99). Penalties. Any person, firm or corporation (1) taking shellfish from an area closed and posted by the Department of Agriculture against the taking of shellfish or an area closed by license issuance or by order of the local director of health with the approval of the department, (2) misusing any shipping tag or license in violation of section 26-192c, (3) mislabeling shellfish shipments or deliveries with any false information, (4) failing to identify shellfish shipments or deliveries in accordance with regulations adopted by the department or (5) failing to surrender a license to the department upon request, shall be fined not less than fifty dollars nor more than (A) one thousand dollars or (B) three times the market value of any shellfish, based on the quantity and type, involved in the violation if such amount is greater than one thousand dollars, or imprisoned not more than twelve months. Any person who defaces or removes a sign posted by the Department of Agriculture in accordance with the provisions of section 26-192e shall be fined not more than five hundred dollars or imprisoned not more than six months.
(1949 Rev., S. 4190; P.A. 76-84, S. 3; P.A. 77-614, S. 323, 610; P.A. 85-313, S. 3; P.A. 89-321, S. 6, 12.)
History: P.A. 76-84 deleted exception to penalty provisions, increased maximum fine for taking shellfish in posted areas from one hundred to five hundred dollars and allowed imposition of six months' imprisonment in lieu of fine, increased maximum fine for other offenses from one hundred to five hundred dollars and increased alternate term of imprisonment from three to six months; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-57 transferred to Sec. 19a-99 in 1983; P.A. 85-313 added prohibition against taking of shellfish from closed areas and increased the minimum fine for Subdivs. (1) to (5), inclusive, from ten to fifty dollars and maximum fine from five hundred dollars to one thousand dollars or three times the market value and increased the alternate term of imprisonment from six months to twelve months, retaining prior maximum fines of five hundred dollars or six months imprisonment for defacing or removing sign in accordance with Sec. 19a-98; P.A. 89-321 made technical changes related to the transfer of authority for shellfishing regulation from the department of health services to the department of agriculture; Sec. 19a-99 transferred to Sec. 26-192f in 1991.
See Sec. 26-192i for definition of "shellfish".

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192g. (Formerly Sec. 19a-100). Enforcement. The provisions of sections 26-192e and 26-192f relating to the unauthorized taking of shellfish in contaminated and posted areas shall be enforced by local directors of health. Local police departments and the state shellfish police shall assist to effectively prevent the harvesting of shellfish in classified areas which are closed to shellfishing when requested by a local director of health.
(1949 Rev., S. 4191; P.A. 76-84, S. 4; P.A. 89-321, S. 7, 12.)
History: P.A. 76-84 removed reference to Sec. 19-56 and required assistance in enforcement by local police and state shellfish police when requested by local health directors; Sec. 19-58 transferred to Sec. 19a-100 in 1983; P.A. 89-321 made technical changes related to the transfer of authority for the regulation of shellfishing from the department of health services to the department of agriculture; Sec. 19a-100 transferred to Sec. 26-192g in 1991.
See Sec. 26-192i for definition of "shellfish".

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192h. (Formerly Sec. 19a-101). License for the taking of shellfish from closed areas for certain purposes. Shellfish may be taken by commercial harvesters from areas classified as conditional-closed, restricted, or conditionally restricted when they are removed for transplanting, relay, including seed oyster harvesting, depuration or depletion from prohibited areas under licenses issued by the Department of Agriculture and under supervision of the department and local health agencies having jurisdiction, provided said licensee shall notify the designated local enforcement agency of the intended commencement, probable duration and termination of harvesting within that jurisdiction and shall be limited to quantities as may be established by a shellfish management plan reviewed by the Department of Agriculture and adopted by the local shellfish commission or other local agency having jurisdiction over the shellfish. The issuance of licenses by the Department of Agriculture shall not prohibit any town, city or borough from control of harvesting operations in approved areas or conditionally or temporarily closed areas on the basis of residence, quantity or size of shellfish harvested from specific areas, or time of harvesting, or nullify any state law controlling such operations on the basis of residence, quantity or size of shellfish harvested, or time of harvesting.
(1949 Rev., S. 4192; P.A. 77-614, S. 323, 610; P.A. 82-334, S. 1; P.A. 89-321, S. 8, 12.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 82-334 amended section to authorize commercial harvesters to remove shellfish in limited quantities from permanently closed areas upon notice to the local shellfish commission and allowed local control of open areas or conditionally or temporarily closed areas; Sec. 19-59 transferred to Sec. 19a-101 in 1983; P.A. 89-321 made technical changes related to the classification system and the transfer of authority for the regulation of shellfishing from the department of health services to the department of agriculture; Sec. 19a-101 transferred to Sec. 26-192h in 1991.
See Sec. 26-192i for definition of "shellfish".

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192i. (Formerly Sec. 19a-95). Shellfish; definition. When used in sections 26-192c to 26-192h, inclusive, the term "shellfish" means mussels, oysters, all varieties of clams and whole and roe-on scallops, but does not include scallops if the final product is the shucked adductor muscle only.
(1949 Rev., S. 4185; P.A. 97-32, S. 1.)
History: Sec. 19-52 transferred to Sec. 19a-95 in 1983; Sec. 19a-95 transferred to Sec. 26-192i in 1991; P.A. 97-32 added whole and roe-on scallops to definition of "shellfish" except where final product is shucked adductor muscle only.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-192j. Pollution which affects shellfish grounds. Liability to municipal shellfish commission. (a) The Commissioner of Agriculture may investigate any suspected or actual spill, as defined in section 22a-452c, which may threaten any shellfish grounds. The commissioner may monitor any such suspected or actual spill and may provide for any testing to determine the extent of any impact of such a spill on shellfish in the area. The person responsible for such spill shall be liable, in accordance with the provisions of section 22a-6a, for the reasonable costs and expenses of the commissioner incurred pursuant to this section.
(b) Upon written complaint by the Commissioner of Agriculture that there exists an impairment or threat to the marketability of shellfish due to any such spill, the Commissioner of Environmental Protection shall investigate or order the person who caused or reasonably may be expected to cause such spill to investigate all points of existing or potential spills which may directly or indirectly result in contamination of shellfish and may order such person to abate such spill in accordance with the provisions of section 22a-432.
(c) If any such spill results in the closure of a recreational shellfish bed or harvesting area, the person responsible for such spill, as determined by the Commissioner of Environmental Protection, shall be liable to any municipal shellfish commission which has jurisdiction over such bed or area for any loss of revenue attributable to fees which would have been paid to such commission by recreational users of such bed or area. The Attorney General, upon complaint of the commission, may institute a civil action to recover such revenue. Any amount recovered shall be returned to the commission.
(P.A. 95-156, S. 2; P.A. 96-180, S. 131, 166.)
History: P.A. 96-180 amended Subsec. (a) to change "discharge" to "spill", effective June 3, 1996.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-193. Natural oyster beds: Map on file. The locations and descriptions of the natural oyster beds respectively under state jurisdiction shall remain as established and as set forth in section 3295 of the general statutes, revision of 1918 with the addition of those portions of former franchise lots one and nineteen consisting of eighty-four acres, more or less, and more particularly described as follows: Beginning at the intersection of the Milford-Stratford town line and the state jurisdiction line, thence thirty-eight degrees east north east to the outer breakwater, thence along the outer breakwater, three hundred and ten degrees north north west to the southern boundary line of the existing natural bed, as described in section 3295 of the general statutes, revision of 1918, thence two hundred and ten degrees westerly along said boundary line to the Milford-Stratford town line, thence south to the point of origin. The Commissioner of Agriculture shall keep a map of such oyster beds on file for public inspection in his office.
(1949 Rev., S. 5026; 1959, P.A. 95, S. 3; 1971, P.A. 872, S. 332; 1972, P.A. 52, S. 2; P.A. 74-122, S. 1, 2.)
History: 1959 act deleted reference to New Haven as location of shellfish commissioners' office; 1971 act replaced reference to clerk of shellfisheries with reference to commissioner of environmental protection; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 74-122 specified additions to oyster beds under state jurisdiction.
Only method of proving bed to be a natural oyster bed is by showing it to be within the limits here designated. 62 C. 50; But see 66 C. 285. Effect of court's locating natural ground under former law. 89 C. 10.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-194. Leasing of shellfish grounds. Fee. (a) The Commissioner of Agriculture may lease in the name of the state, under such regulations as he may prescribe and for a period not longer than ten years, all shellfish areas that have been conveyed to the state or placed under state jurisdiction by the town of West Haven and any undesignated grounds, within the exclusive jurisdiction of the state, for the purpose of planting and cultivating shellfish. The authority herein conferred shall include the Cormell Reef, Portchester, Great Captain's Island, Field Point and Greenwich Point natural beds as located and described in section 3295 of the general statutes, revision of 1918. Any person desiring to lease grounds for such purpose shall make application in writing to the commissioner and all grounds leased by authority of the provisions of this section shall be leased to the highest responsible bidder, for a minimum fee of two dollars per acre. The form of such application and lease shall be approved by the Attorney General, and all such leases shall be recorded in the records of the commissioner. No lease shall be granted to a resident of a state which does not lease shellfish grounds to residents of this state, except that any nonresident who was granted a lease on or before October 1, 1985, may, upon the expiration of such lease, apply for a renewal or further lease as provided in this section. The commissioner shall grant any such lease to nonresidents upon the same terms and conditions as to residents of this state. Any lessee or holder of oyster ground, on the expiration of any lease thereof which has been or which may be granted, shall, upon application to the commissioner, have the preference in the reletting of such ground for a like term to that granted in the original lease, unless such applicant, at the time for granting such application, is in arrears for rent on the original lease of such ground. Such application for such renewal or further lease shall be granted without notice or advertisement of the pendency thereof; provided no renewal or further lease of such ground shall be granted when the commissioner, for cause, ceases to lease such ground for oyster culture. All assignments or transfers of leases shall be subject to the approval of the commissioner and shall be recorded in his records. Any person who interferes with, annoys or molests another in the enjoyment of any lease authorized by the provisions of this section shall be subject to the penalties provided in section 26- 237. The provisions of sections 26-212, 26-215 and 26-232 shall not apply to any shellfish grounds leased pursuant to the provisions of this section.
(b) The commissioner may designate an agent within the department to exercise the authority of said commissioner under this section.
(1949 Rev., S. 5027; 1971, P.A. 872, S. 333; 1972, P.A. 52, S. 3; P.A. 85-82; P.A. 86-46, S. 1, 2; May Sp. Sess. P.A. 92-6, S. 52, 117; P.A. 99-169, S. 6, 7.)
History: 1971 act replaced references to shellfish commission and commissioners with references to environmental protection commissioner; 1972 act replaced commissioner of environmental protection with commissioner of agriculture; P.A. 85-82 prohibited leasing to residents of states which do not lease to Connecticut residents; P.A. 86-46 added Subsec. (b) authorizing commissioner to designate an agent to act for him; May Sp. Sess. P.A. 92-6 established a minimum fee of two dollars per acre for leasing of grounds; P.A. 99-169 authorized deletion of reference to Sec. 26-214 which was repealed by the act.
Cited. 146 C. 619.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-194a. Lease of a state shellfish bed to a municipality for recreational shellfishing. Fees. The Commissioner of Agriculture may lease any state recreational shellfish bed to a municipality which is adjacent to such bed for ten dollars per acre per year pursuant to a plan approved by said commissioner for the management of such bed by such municipality. The use of local shellfish programs shall be available to any resident of the state, without regard to residence in the municipality. The use of shellfish beds shall be restricted to recreational shellfishing. The fee charged for licenses or permits for use of local shellfish programs shall be the same for residents and nonresidents of the municipality. Any fees received by any such municipality from the issuance of licenses or permits issued to residents of the municipality for use of local shellfish programs shall be retained by the municipality. Such fees shall be used by the municipality to manage local shellfish programs. Any fees received by any such municipality from nonresidents for the use of local shellfish programs shall be deposited by the commissioner in a revolving fund to carry out the state shellfish management and enforcement plan. Municipalities that lease shellfish beds shall make such beds available by access from the shore, including providing space for parking, and access by marine approach.
(P.A. 97-234, S. 10.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-195. State ground; determination of disputed boundaries. All questions and disputes touching the ownership, title, buoys, boundaries, ranges, extent or location of any shellfish grounds within the exclusive jurisdiction of the state may be referred to and settled by the Commissioner of Agriculture, who is empowered, on petition of any person interested therein, to summon all the parties in interest, so far as such parties may be made known to him, to appear before him at a time and place in the summons named, such summons to be signed by the commissioner or his authorized agent and served by him or such other person as said commissioner may direct; whereupon, at the time and place named, or at any other time and place to which the hearing may be from time to time adjourned, the petitioner shall file a sworn statement of the facts as claimed by him, to which any interested party may respond by filing a sworn counterstatement of the facts as claimed by him; and, after hearing all the parties interested, with their witnesses and counsel said commissioner shall make his decision in writing as soon as convenient thereafter, which decision shall be recorded in the books of record in his office, and the same shall be binding on all the parties in interest so summoned or appearing, unless on an appeal taken from such decision, in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district where the town is situated between whose meridian lines any portion of said grounds may be, such decision is reversed by said court.
(1949 Rev., S. 5031; 1959, P.A. 615, S. 4; 1971, P.A. 870, S. 82; 872, S. 334; 1972, P.A. 52, S. 4; P.A. 76-436, S. 603, 681; P.A. 77-603, S. 111, 125; P.A. 78-280, S. 1, 127; P.A. 96-180, S. 97, 166.)
History: 1959 act replaced provision calling for appeals to be taken in the manner appeals in civil cases from justice courts are taken with provisions requiring appellant to become bound to adverse party, with sufficient surety to prosecute the appeal to effect and specified that appeals be taken to next return day or "next but one", effective January 1, 1961; 1971 acts replaced superior court with court of common pleas and amended appeal provision to require that appeals be taken to return day between twelve and thirty days after service of appeal, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable, and replaced references to shellfish commissioners and clerk of shellfisheries with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 76-436 replaced court of common pleas with superior court and added references to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous appeals provisions with requirement that appeals be made in accordance with Sec. 4-183 but retained venue as before; P.A. 78- 280 deleted reference to counties; P.A. 96-180 deleted "said" and inserted "the" before "Commissioner of Agriculture", effective June 3, 1996.
One who earns living from natural bed proper party to bring application. 89 C. 7. Cited. 231 C. 418, 420, 422.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-196. Determination of disputed boundaries in other cases. When any designation of shellfish grounds which are wholly or partially within the exclusive jurisdiction of the state contains a map thereof or refers to such map lodged on file in the town clerk's office, and the owner or owners of the adjoining grounds, so far as they lie within the exclusive jurisdiction of the state, do not agree as to the location of the line fixed by such map or, if the boundary between such owners is a town boundary and they disagree as to the same, one or more of such owners may apply to the Commissioner of Agriculture, who shall thereupon notify all parties in interest to file sworn statements of facts and copies of maps as claimed by them respectively, and said commissioner shall thereupon appoint a surveyor who shall take such maps and statements and lay out and survey the grounds in the various ways claimed and, if any town boundary comes into question, he shall ascertain and report upon such boundary as it appears from the maps and records in the custody of the respective town clerks of such towns. Thereupon he shall report his doings, accompanied with the maps or copies of maps touching the dispute, to said commissioner, who shall thereupon summon all parties in interest before him at a time and place to be named in the summons, and, after a full hearing of the parties, with their witnesses and counsel, said commissioner shall establish the line in dispute and cause the same to be located and marked by ranges and buoys; and the line so established shall be the true dividing line between such grounds unless on appeal taken to the Superior Court, as provided for in section 26-195, such decision is reversed. The costs and expenses of such proceedings as fixed by said commissioner shall be equally divided between the adjoining owners, who shall pay the same to said commissioner upon the filing of his decision, and the same shall be accounted for and paid to the State Treasurer; and the cases provided for by this section shall not be included under section 26-195.
(1949 Rev., S. 5032; 1971, P.A. 872, S. 335; 1972, P.A. 52, S. 5.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture.
The divisional line must be of adjoining grounds and the map must be one of absolute accuracy; these are jurisdictional questions. 51 C. 188. Cited. 74 C. 374.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-197. Commissioners' fees on hearings. Section 26-197 is repealed.
(1949 Rev., S. 5033; P.A. 78-48, S. 3.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-198. Fees for recording or copying. The same fees shall be paid for recording or copying papers and maps under this chapter in the office of the Commissioner of Agriculture as are charged by town clerks for like services; and all fees so paid shall be accounted for and paid to the State Treasurer.
(1949 Rev., S. 5034; 1971, P.A. 872, S. 336; 1972, P.A. 52, S. 6.)
History: 1971 act replaced reference to shellfish commissioners with reference to environmental protection commissioner and added phrase "under this chapter"; 1972 act replaced environmental protection commissioner with commissioner of agriculture.
See Sec. 7-34a re fees received by town clerk.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-199. Recording of transfers. All transfers of title to oyster grounds within state jurisdiction shall be recorded in the record books of said Commissioner of Agriculture. The person making such transfer shall cause such record to be made forthwith or, in lieu thereof, shall forthwith give written notice of such transfer to said commissioner, stating the date thereof, the name of the transferee and the description of the grounds affected thereby. Upon the failure to make such record or to give such notice, the person making such transfer shall be deemed, for all purposes of taxation, to be the owner thereof notwithstanding such transfer and shall pay all such taxes as may be laid on such land by said commissioner at any time before such record has been made or such notice given; and such tax shall be a lien on such grounds.
(1949 Rev., S. 5028; 1971, P.A. 872, S. 337; 1972, P.A. 52, S. 7.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-200. Survey and staking; maps; fee. Said Commissioner of Agriculture shall, previous to the delivery of any instrument conveying the right to plant or cultivate shellfish upon any of said grounds, make or cause to be made a survey of the same upon the official map or maps in his office, and shall locate and delineate the same or cause it to be located and delineated upon said map or maps. The fee for such survey, location and delineation shall be thirty-five dollars per corner and shall be paid by the applicant. Upon receipt of such instrument of conveyance, such grantee shall have the right to use and occupy such grounds for said purposes, which rights shall be and remain in such grantee and his legal representatives.
(1949 Rev., S. 5029; 1971, P.A. 872, S. 338; 1972, P.A. 52, S. 8; P.A. 80-239, S. 1, 2; May Sp. Sess. P.A. 92-6, S. 53, 117.)
History: 1971 act replaced references to shellfish commissioners and commission with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 80-239 specified a fee for survey, location and delineation of shellfish grounds to be paid by the applicant; May Sp. Sess. P.A. 92-6 raised fee from twenty-five to thirty-five dollars.
Effect of survey and map in fixing designations. 62 C. 50; 66 C. 285.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-201. Release to the state. Any owner of grounds designated for the cultivation of oysters in the waters of Long Island Sound within the jurisdiction of said Commissioner of Agriculture may surrender the same by delivery to the state of a deed of release of the same, executed and acknowledged by such owner; provided such release and the recording thereof shall be made without charge or expense to the state and shall be approved by said commissioner.
(1949 Rev., S. 5030; 1971, P.A. 872, S. 339; 1972, P.A. 52, S. 9.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-202. Leasing beacon ground. The Commissioner of Agriculture may hire and take upon leases not exceeding a term of ten years, in the name and behalf of the state, any such plot or plots of ground within the state as he deems necessary for constructing, erecting, setting, maintaining and protecting signals, beacons, boundstones, posts or buoys to be used in designating, locating, surveying or mapping any shellfish grounds within state jurisdiction.
(1949 Rev., S. 5060; 1971, P.A. 872, S. 340; 1972, P.A. 52, S. 10.)
History: 1971 act replaced references to shellfish commissioners with references to commissioner of environmental protection; 1972 act replaced environmental protection commissioner with commissioner of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-203. Buoying of certain natural beds. The Commissioner of Agriculture shall cause those natural or public oyster beds in the exclusive jurisdiction of this state, known and described in section 3295 of the general statutes, revision of 1918, as the Stratford bed, Fish Island and Roton Point beds, the Bridgeport bed and the Fairfield Bar and Fairfield beds, to be marked by buoys which shall be known as state buoys, and by range monuments on the shore by which the lines can be relocated should any buoys be removed, and shall cause double buoys or a distinctive mark to be placed at any point on the boundary where the line changes in direction, and such buoys shall be maintained by the state. No buoys shall be set in lines so run as to include within the natural or public beds any private or designated grounds.
(1949 Rev., S. 5040; 1971, P.A. 872, S. 341; 1972, P.A. 52, S. 11.)
History: 1971 act replaced reference to shellfish commissioners with reference to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-204. Grant of right to plant or cultivate shellfish which interferes with established fishing right void. Except as provided in section 26-194, said Commissioner of Agriculture shall in no case grant to any person a right to plant or cultivate shellfish which interferes with any established right of fishing and, if any such grant is made, the same shall be void.
(1949 Rev., S. 5041; 1971, P.A. 872, S. 342; 1972, P.A. 52, S. 12.)
History: 1971 act deleted provision which had prohibited granting franchise in natural oyster or clam bed except as provided in Sec. 26-194 and replaced remaining reference to shellfish commissioners with reference to commissioner of environmental protection; 1972 act replaced environmental protection commissioner with commissioner of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-205. Wardens; appointment, duties and powers. The Commissioner of Agriculture may appoint two or more persons in each town bordering on Long Island Sound to be shellfish wardens, who shall assist in detecting and prosecuting offenses against the shellfish laws, shall have the same powers as other officers to arrest for the violation of the shellfish laws and shall hold office until their respective successors are appointed and have qualified.
(1949 Rev., S. 5042; 1971, P.A. 872, S. 343; 1972, P.A. 52, S. 13.)
History: 1971 act replaced reference to shellfish commissioners with reference to environmental protection commissioner; 1972 act replaced commissioner of environmental protection with commissioner of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-206. Shellfish police. The Commissioner of Agriculture may, upon the application of the Oystermen's Protective Association of Connecticut or the owner of any oyster franchise or grounds or any natural growers' association, during such time as the commissioner may determine, appoint and commission such number of policemen as he deems necessary to be designated by such association or owner, who, having been sworn to the faithful performance of their duties, may act as policemen upon the tidal waters and flats of this state and upon any boats, wharves or docks owned, leased or controlled by said association or a member thereof or an owner of oyster grounds. Said commissioner shall cause a record to be made of the issuance or revocation of any such commission. Any person so appointed shall have the powers to make arrests and, when on duty, shall wear in plain view a badge bearing conspicuously the words "Shellfish Policeman".
(1949 Rev., S. 5043; 1971, P.A. 872, S. 344; 1972, P.A. 52, S. 14; P.A. 00-99, S. 70, 154.)
History: 1971 act replaced references to shellfish commissioners and commission with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 00-99 deleted reference to sheriff, effective December 1, 2000.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-207. Taxation of shellfish grounds. Any owner of shellfish grounds, franchise or franchises lying within the exclusive jurisdiction of the state, on or before the first day of July, annually, shall deliver to the Commissioner of Agriculture a statement under oath of such franchise or franchises or grounds belonging to such owner on the first day of June next preceding. Such statement shall specify the lot or lots owned by such owner by numbers as appear upon the last official map published by said commissioner, or, if granted since the publication of such map, according to such number as may be furnished by said commissioner, and the location and number of acres of each lot. Blanks for such statement shall be prepared by said commissioner and furnished to each owner, but failure to receive such blanks shall not relieve any person from the obligation to furnish the statement herein provided for. The commissioner may issue subpoenas to compel the attendance of any person before him, with books of account, documents and maps, and may administer oaths to and examine any person for the purpose of ascertaining the amount and value of such property. Any person who fails to respond to any such subpoena or who, having responded, refuses to testify or who fails to produce any such book or books of account, documents or maps, upon application of said commissioner to the superior court for any judicial district bordering on the waters of Long Island Sound, may be punished for contempt. Said commissioner may exercise the authority of assessors of towns and add ten per cent of the value of the property as a penalty for failure to give in a list. Any person who discloses any information obtained from any such witness or from the books or records of any such owner provided for under the provisions of this section, otherwise than in carrying out the provisions hereof, shall be fined not more than five hundred dollars.
(1949 Rev., S. 5035; 1971, P.A. 872, S. 345; 1972, P.A. 52, S. 15; P.A. 78-280, S. 2, 127.)
History: 1971 act replaced references to shellfish commissioners, commission and board of tax review and to clerk of shellfisheries with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 78-280 replaced "county" with "judicial district".

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-208. Laying of tax. All statements so delivered or made shall be alphabetically arranged, and the Commissioner of Agriculture shall determine the value of all property so returned and described in such statements, which property shall be liable to taxation at the valuation so determined, including the ten per cent for default as aforesaid. Said commissioner shall annually declare and lay a tax thereon at the rate of two per cent of such valuation, payable at the office of said commissioner on and after the first Monday of the January following, and such tax shall be a lien upon the franchises and grounds so taxed from the time it is so laid until paid and shall be in lieu of all other taxes on such property.
(1949 Rev., S. 5036; 1971, P.A. 872, S. 346; 1972, P.A. 52, S. 16; P.A. 96-180, S. 98, 166.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 96-180 deleted "said" and inserted "the" before "Commissioner of Agriculture" effective June 3, 1996.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-209. Appeal. Any person aggrieved by the action of the Commissioner of Agriculture under section 26-208 shall have the same right of appeal to the Superior Court as is provided by law for appeals to said court from boards of assessment appeals of towns, except as otherwise provided. Each such appeal shall be taken to the judicial district where the franchise or ground in question is situated or to the judicial district where the owner appealing resides, and said court shall have such powers therein as in appeals from boards of assessment appeals of towns.
(1949 Rev., S. 5037; 1957, P.A. 30; 1959, P.A. 93; 1971, P.A. 872, S. 347; 1972, P.A. 52, S. 17; P.A. 76-436, S. 604, 681; P.A. 78-280, S. 1, 127; P.A. 95-283, S. 63, 68.)
History: 1959 act changed time for meeting of shellfish board of tax review from first Tuesday of September to first Tuesday of February; 1971 act terminated the shellfish board of tax review, deleting provisions setting forth its duties; 1972 act replaced reference to environmental protection commissioner with commissioner of agriculture; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978, and deleted obsolete provision terminating shellfish board of tax review; P.A. 78-280 deleted reference to counties; P.A. 95- 283 replaced board of tax review with board of assessment appeals, effective July 6, 1995.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-210. Collection of tax. If any tax so laid is not paid on or before the first Monday in March, the Commissioner of Agriculture shall make and issue his warrant for the collection thereof, with interest thereon, at the rate of one per cent per month from the day such tax becomes payable until paid, with the expenses of such collection, which warrant shall authorize any reputable person named therein to seize such grounds and any oysters or other shellfish thereon, or any other property of the owner or owners thereof not exempt from execution, and to sell the same, or so much thereof as he may find necessary, at such time and place, in such manner and by such person as said commissioner may direct, whereupon such sale shall be so made, and such warrant shall be immediately returned to said commissioner by such person with all his doings endorsed thereon, and he shall pay to said commissioner the money received upon such sale, and the commissioner shall apply the same to the payment of such tax and all the expenses thereon, including the expenses of such sale, returning any balance that remains to such owner or owners; and all moneys received by said commissioner in payment of taxes and interest thereon shall be accounted for and paid to the State Treasurer.
(1949 Rev., S. 5038; 1971, P.A. 872, S. 348; 1972, P.A. 52, S. 18; P.A. 96-180, S. 99, 166.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 96-180 deleted "said" and inserted "the" before "Commissioner of Agriculture", effective June 3, 1996.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-211. Taxes unpaid five years; reversion. When the taxes on any oyster grounds within the exclusive jurisdiction of the state and under the control of the Commissioner of Agriculture are in arrears for five consecutive years, said commissioner shall notify the owner or owners of such grounds, or their legal representatives, of the fact of such arrears, and if, within three months after the date of such notification, all arrears of taxes on such grounds are not paid, such grounds shall revert to the state; and the commissioner, upon the reversion of such grounds to the state, shall make a certificate of the fact of such reversion for record upon his books, and such grounds shall thereupon be open for application like all other undesignated oyster grounds within the exclusive jurisdiction of the state.
(1949 Rev., S. 5039; 1971, P.A. 872, S. 349; 1972, P.A. 52, S. 19.)
History: 1971 act replaced references to shellfish commissioners and commission and to clerk of shellfisheries with references to environmental protection commissioner; 1972 act replaced commissioner of environmental protection with commissioner of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-212. Licensing and numbering of shellfish vessels. Fee. No person shall take or gather for commercial purposes oysters, clams, mussels or other molluscan shellfish from any natural shellfish bed in the state in any boat or vessel unless it is licensed and numbered in the manner provided in this section. Any person desiring to use any boat or vessel for such purpose may make written application to the Commissioner of Agriculture, stating the name, owner, rig, general description and tonnage of such boat or vessel and the place where it is owned, and the commissioner shall issue to the owner of such boat or vessel a license to take and gather for commercial purposes oysters, clams, mussels or other molluscan shellfish from the natural shellfish beds in the state for the term expiring on the next succeeding twentieth day of July, unless sooner revoked, upon the payment of fifteen dollars; provided, before such license is granted, the owner or master shall prove to the satisfaction of the commissioner that such boat or vessel may legally be used on work on the public beds of the state and that the dredges and other contrivances do not weigh more than thirty pounds. Each boat or vessel so licensed shall, while at work upon any of the natural shellfish beds of the state, display the number of such license in black figures not less than one foot in length. No such license may be transferred. The sale of any boat so licensed shall operate as a forfeiture and revocation of the license, and the license certificate shall be surrendered to the commissioner.
(1949 Rev., S. 5044; 1971, P.A. 872, S. 350; 1972, P.A. 52, S. 20; P.A. 78-334, S. 1; P.A. 82-91, S. 28, 38; P.A. 99- 169, S. 1, 7.)
History: 1971 act replaced references to clerk of shellfisheries with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 78-334 increased license fee for boats twenty-five feet overall or less from eight to fifteen dollars and deleted provisions requiring licensed boats to display license number and Connecticut coat of arms on sails; P.A. 82-91 expanded the licensing requirements of this section to include not only the taking of oysters from natural beds in the exclusive jurisdiction of the state, but also the taking, for commercial purposes, of oysters, clams, mussels or other molluscan shellfish from any natural shellfish bed in the state, established the license fee at fifteen dollars and repealed previous fee schedule of fifteen dollars for vessel or boat under five gross tons and over twenty-five feet long, and for vessel or boat exceeding five gross tons, three dollars for each additional gross ton, and for vessel or boat twenty-five feet or less, fifteen dollars; P.A. 99-169 deleted provisions limiting licenses under this section to residents of this state and provided that such licenses may not be transferred, effective June 23, 1999.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-213. License to work on natural beds. No person shall take or gather for commercial purposes oysters, clams, mussels or other molluscan shellfish from any natural shellfish bed in the state and no person shall be permitted upon any boat, licensed pursuant to the provisions of section 26-212, while the boat is being used for such taking or gathering until the person has been licensed in the manner provided in this section. The person shall apply in writing, to the Commissioner of Agriculture upon blanks to be furnished by the commissioner, stating his name, residence, post-office address and such other information as may be required by said commissioner, and said commissioner, upon payment of a fee of ten dollars, shall issue to the person a license for such purpose. All licenses so issued shall be revocable at any time by the commissioner and shall expire on the twentieth day of July in each year. The commissioner shall account to the Treasurer for all money received for licenses under the provisions of this section. Any person who violates any of the provisions of this section relating to licensing shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.
(1949 Rev., S. 5045; 1971, P.A. 872, S. 351; 1972, P.A. 52, S. 21; P.A. 78-334, S. 2; P.A. 82-91, S. 29, 38.)
History: 1971 act replaced references to shellfish commissioners and commission and to clerk of shellfisheries with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 78-334 raised license fee from five to ten dollars and increased maximum fine from fifty to one hundred dollars; P.A. 82-91 expanded the licensing requirements of this section to include not only persons on boats, licensed under Sec. 26-212, while the boat is being used for dredging, but also persons taking, for commercial purposes, oysters, clams, mussels or other molluscan shellfish from any natural shellfish bed in the state, and persons on any boat licensed under Sec. 26-212 while the boat is used for such taking.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-214. Nonresident oystermen. Foreign vessels prohibited. Section 26- 214 is repealed, effective June 23, 1999.
(1949 Rev., S. 5046; P.A. 99-169, S. 6, 7.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-215. Power dredges. There shall not be used on any licensed boat any device operated otherwise than by hand power, for hoisting or operating dredges or other implements for gathering oysters, clams, mussels or other shellfish or oyster shells. No person shall use any dredge or other contrivance weighing more than thirty pounds, exclusive of the net or bag, or with a capacity of more than one and one-half bushels in taking up or dredging for oysters, clams, mussels or other shellfish or oyster shells in any of the waters of the state, except upon private designated grounds. Nothing herein shall be construed to prevent the use of power in taking up or dredging for oysters, clams, mussels or other shellfish or shells on private designated grounds by the owners thereof, or to prevent the use of excavators for deepening the water in places where there are no natural oyster or clam beds, or where such beds have not existed within ten years, by digging or removing the material, permission to use excavators being first given by the Commissioner of Agriculture, which permission shall not be given until after a public notice of at least two weeks of the time when and place where he will hear all parties desiring to be heard upon such application, which notice shall be posted in the office of the town clerk of the town where such grounds are located.
(1949 Rev., S. 5047; 1949, S. 2557d; 1969, P.A. 218, S. 1; 1971, P.A. 872, S. 352; 1972, P.A. 52, S. 22; P.A. 78-334, S. 3; P.A. 83-118.)
History: 1969 act deleted references to "a boat or other contrivance dragged, operated or propelled by steam, naphtha, vapor or electricity" and limited capacity of dredge or contrivance used to one and one-half bushels; 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 78-334 deleted references to use of steamboats, steam power or steam excavators; P.A. 83-118 extended authorization to use power dredging equipment in the taking of "clams, mussels, other shellfish or shells" on private ground and deleted provision which had authorized use of mechanically operated dredges from harvesting hard clams, round clams, surf or skimmer clams or ocean quahogs in waters "south of a northerly limit .. one mile offshore of mean low water mark and east of a bearing true north or south of the easterly end of Kimberly Reef, so called".

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-216. Penalty. Any person who violates any provision of section 26-215, or who uses any device or number not furnished by the Commissioner of Agriculture for a boat or vessel used in cultivating or dredging for shellfish, shall be fined not less than twenty-five dollars nor more than fifty dollars for each day that such boat or vessel is so unlawfully used and, on conviction of a second offense, shall be fined not less than fifty dollars nor more than two hundred dollars or imprisoned not more than thirty days or both for each day that such boat or vessel is so unlawfully used.
(1949 Rev., S. 5048; 1969, P.A. 218, S. 2; 1971, P.A. 872, S. 353; 1972, P.A. 52, S. 23; P.A. 78-334, S. 4.)
History: 1969 act rephrased provisions; 1971 act replaced clerk of shellfisheries with commissioner of environmental protection; 1972 act replaced commissioner of environmental protection with commissioner of agriculture; P.A. 78-334 increased minimum fine from ten to twenty-five dollars and deleted reference to not bearing coat of arms as violation.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-217. Use of chain bags on natural oyster beds. No person shall use any dredge with a chain bag having rings of less than three-quarters of an inch in diameter, or any net bag with smaller mesh than two inches from knot to knot, on any natural oyster bed. Any person who violates any provision of this section shall be fined not more than fifty dollars or imprisoned not more than thirty days or both.
(1949 Rev., S. 5049.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-218. License forfeited on conviction. The conviction of any person of dredging without a license, upon a natural oyster bed, shall render such person ineligible for a license for the remainder of the license year, and the conviction of any licensee for any violation of the laws relating to shellfisheries shall operate as a revocation of his license.
(1949 Rev., S. 5050.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-219. License to take conchs. Any person may apply to the Commissioner of Agriculture for a license to take conchs in excess of one-half bushel daily. Such license shall not apply to any area lawfully designated as oyster, clam or mussel beds under town or state jurisdiction. Such application shall state the name, residence and post-office address of the applicant and such other information as said commissioner requires. Such license shall be valid for one year from the date of its issuance, and a fee of fifty dollars shall be charged therefor. Any person who takes any conchs in excess of one-half bushel daily without having obtained such a license shall be fined not more than two hundred dollars or imprisoned not more than thirty days or both.
(1949, S. 2556d; 1971, P.A. 872, S. 354; 1972, P.A. 52, S. 24; P.A. 78-334, S. 5; P.A. 83-357; May Sp. Sess. P.A. 92- 6, S. 54, 117; P.A. 99-169, S. 2, 7.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 78-334 raised license fee from five to ten dollars; P.A. 83-357 reduced the limit for the taking of conchs from five to one-half bushels daily, raised the license fee from ten to twenty-five dollars and increased the penalty for exceeding the daily limit for the taking of conchs from fifty to two hundred dollars; May Sp. Sess. P.A. 92-6 raised license fee from twenty-five to fifty dollars; P.A. 99-169 deleted a provision limiting licenses under this section to residents of this state, effective June 23, 1999.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-220. Shellfish spawning beds. The Commissioner of Agriculture may designate in such manner as he may determine such spawning beds as he deems necessary south of the jurisdiction line but not more than ten acres in any one town, and cause the same to be marked by buoys to be maintained under such regulations as said commissioner may prescribe. Any person who goes upon or over any such spawning bed for the purpose of taking oysters or dredging, or who tows a dredge under water, over or upon such spawning bed, shall be fined not more than five hundred dollars or imprisoned not more than three months or both.
(1949 Rev., S. 5051; 1971, P.A. 872, S. 355; 1972, P.A. 52, S. 25; P.A. 78-334, S. 6.)
History: 1971 act replaced shellfish commission with commissioner of environmental protection; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 78-334 substituted "town" for "locality" and specified designation of spawning beds "south of the jurisdiction line".

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-221. Mud dumping. Before any person engages in removing mud or refuse material by boat from any harbor wherein or south of which oyster grounds are located and designated, he shall notify the Commissioner of Agriculture by written or printed notice, delivered to the commissioner or his designee, stating the time when such work will be commenced and the name of the boat or boats to be employed. Within a reasonable time after receipt of such notice, the commissioner shall designate and buoy out places off the respective towns where such deposits shall be made. No person shall deposit mud or other material except in places so designated and buoyed out, nor within a radius of five miles from Southwest Ledge lighthouse, nor in any of the waters opposite the town of Branford, nor unless an agreement in writing, with security to the satisfaction of the commissioner, has been entered into for the payment of inspectors provided for in section 26-223, unless such material is to be dumped on a private oyster bed as provided in section 26-222. Any person who violates any provision of this section shall be fined not more than five hundred dollars. This section shall not apply to any work being done by or for the United States government.
(1949 Rev., S. 5052; 1955, S. 2558d; 1959 P.A. 95, S. 4; 1971, P.A. 872, S. 356; 1972, P.A. 52, S. 26; P.A. 78-334, S. 7.)
History: 1959 act deleted reference to New Haven as location of shellfish commissioners' office; 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 78-334 allowed notification of commissioner's designee of intent to remove mud or refuse from harbor.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-222. Notice of intended dumping on private oyster beds. Any person intending to dump material on any private oyster bed in state jurisdiction, from bottom or side dumping scows, shall first give reasonable notice thereof to the Commissioner of Agriculture, designating the material and the location where it is proposed to dump the same, and the commissioner shall notify the adjoining owners that they may protest, if the material or place is not suitable. Any person who, having failed to give such notice, so dumps material shall be fined not more than fifty dollars.
(1949 Rev., S. 5053; 1971, P.A. 872, S. 357; 1972, P.A. 52, S. 27.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced commissioner of environmental protection with commissioner of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-223. Dumping inspectors. The Commissioner of Agriculture shall appoint one or more suitable persons who shall be known as dumping inspectors, who shall accompany each boat when it is employed in towing or carrying mud or other material, except that used in making oyster beds, in any of the territory mentioned in section 26-221, to see that such mud or other material is properly dumped, and shall report to said commissioner any violation of law in respect to such dumping. No person in charge of or employed upon such boat shall interfere with such inspector in the discharge of his duty or refuse to permit him to enter and remain upon such boat while so employed. The person or corporation by which or on whose behalf such mud or material is so towed or carried shall pay to the state for the services of such inspector fifty dollars per day. Each such inspector shall make sworn returns to said commissioner of all material taken out in boats on which he acts as inspector and of the place where dumped.
(1949 Rev., S. 5054; 1953, S. 2559d; 1971, P.A. 872, S. 358; 1972, P.A. 52, S. 28; P.A. 78-334, S. 8; P.A. 96-180, S. 100, 166.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner, specified that ten dollar per day charge to be paid to state rather than to inspector and deleted provision stating that bills for services shall not be paid until sworn returns are on file; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 78-334 raised inspector's charge from ten to fifty dollars per day; P.A. 96-180 deleted "Said" and inserted "The" before "Commissioner of Agriculture", effective June 3, 1996.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-224. Deposit of injurious substances in tidal waters or on oyster ground. Penalty. Any person who wilfully and knowingly deposits or assists in depositing any starfish or periwinkle, any shellfish imported from another state and infected with a communicable disease or parasite, or any oyster other than the species Ostrea Virginica in any of the tidal waters of this state, or who dumps mud or other material, except that used in making oyster beds, on any ground located and designated as oyster ground, shall be fined not more than two hundred dollars or imprisoned not more than six months for each bushel, or fraction thereof, of such material so deposited or dumped.
(1949 Rev., S. 5055; 1949, S. 2560d; P.A. 78-334, S. 9; P.A. 79-148.)
History: P.A. 78-334 raised maximum fine from fifty to two hundred dollars; P.A. 79-148 made provisions applicable to shellfish imported from another state and infected with communicable disease or parasite and added "and knowingly".
Cases appear to recognize that state has control of extent to which navigable waters may be used for sewage disposal. 112 C. 216.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-224a. Depositing of shellfish in tidal waters. Regulations. (a) The Commissioner of Agriculture shall adopt regulations in accordance with the provisions of chapter 54 setting forth standards and procedures for the depositing of shellfish imported from outside the state in tidal waters of the state to prevent the introduction of harmful shellfish parasites, pests and diseases. No person may deposit any shellfish or shellfish seed imported from outside the state into the waters of the state unless such shellfish or shellfish seed has been produced from a hatchery which has been inspected or otherwise approved by the Department of Agriculture. Said department may charge such hatchery for any costs incurred in such inspection. Any moneys collected pursuant to this subsection shall be deposited in the fund established pursuant to section 26-237b and shall only be expended for the costs incurred in association with inspections made pursuant to this subsection. Any person who deposits shellfish in any of the tidal waters of the state shall first give notice thereof to the commissioner in accordance with regulations adopted pursuant to this section.
(b) The commissioner shall have reasonable access to vessels, commercial fishing gear and docks and wharfs used in shellfish operations to determine compliance with the regulations adopted pursuant to this section.
(c) On and after the effective date of regulations adopted pursuant to this section, no person shall deposit shellfish in the tidal waters of this state except in accordance with such regulations.
(d) Any person who violates any provision of this section shall be fined not more than two hundred dollars.
(P.A. 87-520, S. 1; P.A. 91-333, S. 1, 4.)
History: P.A. 91-333 amended Subsec. (a) to prohibit the introduction of imported shellfish into the waters of the state from any hatchery which has not been approved by the department of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-225. Stealing oysters. Any person who, in the daytime, unlawfully takes and carries away any oysters lawfully planted or cultivated in any waters, or any oysters being on any place designated for the planting or cultivation of oysters, shall be fined not more than three hundred dollars or imprisoned not more than one year; and, if such offense is committed in the night season, he shall be fined not more than five hundred dollars or imprisoned not more than one year.
(1949 Rev., S. 5056.)
Evidence not admissible to prove that ground designated by commissioners after 1881 was natural ground. 62 C. 47. History of law. 79 C. 702. Cited. 112 C. 214.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-226. Injury to enclosure. Any person who wilfully injures any oyster enclosure legally designated, marked out and enclosed or removes any buoys or stakes used to mark out any oyster ground, or who takes any shells from such enclosure, shall be fined not more than fifty dollars or imprisoned not more than thirty days; on a second conviction, he shall be fined not less than fifty dollars nor more than one hundred dollars and imprisoned not less than thirty days nor more than ninety days, and, on each subsequent conviction, he shall be fined one hundred fifty dollars and imprisoned not more than six months.
(1949 Rev., S. 5057; 1961, P.A. 517, S. 25; P.A. 78-334, S. 10.)
History: 1961 act deleted provision which allowed prosecutions for first or second offenses to be heard and determined by a trial justice; P.A. 78-334 changed maximum fine for first offense from seven to fifty dollars, changed fines for second conviction from minimum of seven dollars to fifty dollars and from maximum of twenty dollars to one hundred dollars and increased fine for subsequent convictions from fifty to one hundred fifty dollars and specified six-month prison term as a maximum sentence.
History of law. 79 C. 701.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-227. Taking from designated but unmarked ground. No person shall dredge, plant or collect any shells, shellfish or other material or perform any work pertaining to the shellfish industry upon any shellfish grounds, unless each lot whereon any such work is performed has at each corner thereof a buoy visible above mean high water. There shall be on each such buoy the initials of the owner or lessee of such lot and the number of the same as shown on the latest map issued in the report of the Commissioner of Agriculture, and the initial or initials denoting the direction of each corner from the center of the lot printed upon a tag securely fastened to each such buoy. Intermediate line buoys shall be so placed that the distance between buoys shall not be greater than eight hundred feet to be determined by the commissioner, provided said commissioner may permit the use of stakes in lieu of buoys where such use may be found necessary or advisable. Any person who violates any provision of this section shall be fined not more than one hundred dollars.
(1949 Rev., S. 5058; 1971, P.A. 872, S. 359; 1972, P.A. 52, S. 29.)
History: 1971 act replaced shellfish commission with commissioner of environmental protection; 1972 act replaced environmental protection commissioner with commissioner of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-228. Taking shellfish between sunset and sunrise. Any person who, between sunset and sunrise, takes or collects any shells or shellfish from the shores or waters in this state shall be fined not more than five hundred dollars nor less than one hundred dollars or imprisoned not more than sixty days or be both fined and imprisoned.
(1949 Rev., S. 5059; P.A. 78-334, S. 11; P.A. 83-245, S. 1.)
History: P.A. 78-334 raised minimum fine from one hundred to five hundred dollars and maximum fine from fifty to one hundred dollars; P.A. 83-245 prohibited the taking of shells or shellfish between sunset and sunrise from any of the "shores" of the state and repealed the exemption for the taking of clams off Branford.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-229. Injury to monuments. Any person who wilfully injures, removes or displaces any range monument, signal, beacon, boundstone, post or buoy, or any part, appurtenance or enclosure thereof, erected, constructed or set by the Commissioner of Agriculture, or by his order, on the land or water of this state, for the purpose of designating, locating, surveying or mapping any shellfish grounds, shall be fined not more than one hundred fifty dollars or imprisoned not more than ninety days or both.
(1949 Rev., S. 5061; 1971, P.A. 872, S. 360; 1972, P.A. 52, S. 30; P.A. 78-334, S. 12; P.A. 96-180, S. 101, 166.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced commissioner of environmental protection with commissioner of agriculture; P.A. 78-334 increased maximum fine from one hundred to one hundred fifty dollars; P.A. 96-180 deleted "said" and inserted "the" before "Commissioner of Agriculture", effective June 3, 1996.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-230. Speculation in ground prohibited. Illegally staking ground. Any person who applies for and procures any designation of a place for planting oysters, clams or mussels to be made to him, for the purpose of assigning the rights which he may acquire, for profit or speculation, and any person, other than the owner, the lessee, the Commissioner of Agriculture, the authorized committee or the selectmen, who stakes out or encloses any grounds in navigable waters for the purpose of planting or cultivating oysters thereon, shall be fined not more than fifty dollars.
(1949 Rev., S. 5062; 1971, P.A. 872, S. 361; 1972, P.A. 52, S. 31.)
History: 1971 act replaced shellfish commissioners with commissioner of environmental protection; 1972 act replaced commissioner of environmental protection with commissioner of agriculture.
History of law. 74 C. 377.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-231. Towing dredge prohibited. Any person who, without the written permission of the owner or lessee of any properly designated oyster ground, tows or assists in towing under water any dredge, trawl or contrivance for taking fish or shellfish, in a manner to cause it to come into contact with any such ground or any shellfish thereon, shall be fined not more than fifty dollars or imprisoned not more than thirty days or both and shall forfeit his right to fish in the marine district of Connecticut for one year, and for a second offense shall be fined not more than one hundred dollars or imprisoned not more than sixty days or both.
(1949 Rev., S. 5063.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-232. Taking oysters from natural beds or the Housatonic or Saugatuck Rivers. (a) Any person who (1) between the twentieth day of July and the twentieth day of September, gathers or takes any oysters or shells from any natural oyster bed specified in section 26-193 other than any such bed in the Housatonic River, (2) between the twentieth day of July and the twentieth day of September in any year, gathers or takes any oysters or shells in the Saugatuck River, or (3) between the twentieth day of July and the twentieth day of October in any year, gathers or takes any oysters or shells in the Housatonic River shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both; provided nothing in this section shall be construed to prohibit the gathering or taking of shells or mussels by the use of tongs in said Housatonic River below a line drawn from a stake on the west bank of said river, at Quimber's Neck Point, so called, and running thence in a northeasterly direction to a stake on the east side of said river. Said stakes shall be located and maintained at said points by the selectmen of the town of Stratford, and a certificate of such location by said selectmen shall be recorded in the office of the town clerk of said town of Stratford. Nothing in this chapter or in chapter 492 shall be construed as prohibiting the excavation of material in deepening the channels of navigable waters by work authorized by the United States government.
(b) The Commissioner of Agriculture, upon application of the Stratford Shellfish Commission, may, at any time, close the season for the taking of any shellfish in the Housatonic River for purposes of conserving the resource.
(1949 Rev., S. 5064; P.A. 78-334, S. 13; P.A. 85-183, S. 1, 2; P.A. 95-91, S. 1, 2.)
History: P.A. 78-334 raised maximum fine from fifty to one hundred dollars; P.A. 85-183 extended applicability of provisions to the Saugatuck River; P.A. 95-91 amended Subsec. (a) to move the opening day of the season for taking oysters from the Housatonic River from September 20th to October 20th and added a new Subsec. (b) re closure of the season in the Housatonic River by the Commissioner of Agriculture, effective May 31, 1995.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-233. Taking oysters from Housatonic River. Section 26-233 is repealed.
(1949 Rev., S. 5065; 1961, P.A. 517, S. 26; P.A. 78-334, S. 17.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-233a. Taking of oysters in Housatonic River other than by tongs. Notwithstanding any provision of chapter 491, the taking of oysters from the Housatonic River other than by the use of tongs may be permitted by regulation of the Commissioner of Agriculture in those beds under state jurisdiction and by regulation of the Stratford Shellfish Commission in those beds under its jurisdiction. Such regulations shall specify the type and size of dredge or other contrivance which may be used, the periods during which such taking shall be permitted and the limits on the quantities which may be taken during such periods.
(1971, P.A. 155, S. 1; 872, S. 440; 1972, P.A. 52, S. 38.)
History: Later 1971 act replaced state shellfish commission with commissioner of environmental protection; 1972 act replaced commissioner of environmental protection with commissioner of agriculture.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-234. Greenwich Cove oysters. Any person who takes or in any way gathers any seed oysters or oysters that have not attained a three years' growth, in the channels of Mianus River or in the Greenwich Cove, in the town of Greenwich, shall be fined not more than fifty dollars.
(1949 Rev., S. 5066.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-234a. Daily limit on oysters. Section 26-234a is repealed, effective October 1, 1999.
(1969, P.A. 218, S. 3; 1971, P.A. 872, S. 362; 1972, P.A. 52, S. 32; P.A. 99-110, S. 6.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-234b. Taking of eastern oysters. Regulations. No person may take eastern oysters (Crassostrea virginica) from the waters of this state which are less than three inches long or which are otherwise not ready for harvest, as determined by the Commissioner of Agriculture, except that the taking of such oysters for sale, transplant and relay for aquaculture purposes within the waters of the state shall not be prohibited. The Commissioner of Agriculture may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.
(P.A. 91-333, S. 2, 4.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-235. Taking of clams. Recreational harvest limit. Penalty. (a) No person shall take any long clams less than one and one-half inches in length, provided the Waterford-East Lyme shellfish commission may make such residency requirements for digging or taking clams from the shores or waters of the Niantic River as it deems reasonable and in the best public interest of the Waterford-East Lyme area. Unless otherwise provided by statute, regulation or local ordinance, the recreational harvest limit of clams shall not exceed one-half bushel per person daily. The Commissioner of Agriculture may designate by regulations adopted in accordance with the provisions of chapter 54 shores and waters for the exclusive recreational harvesting of clams. For the purposes of this section, recreational harvest of clams means the collection of clams by an individual for his own or his family's consumption.
(b) The common council of any consolidated town and city and the selectmen of any other town may determine the quantity of clams to be taken therein by a person during one day and may prohibit, for a period not exceeding one year, the taking of clams from any waters or beaches they may designate within the territorial limits of such town, if they deem such prohibition necessary for the protection of the natural clam areas, by posting notices on such designated territorial limits stating that the taking of clams within such areas is prohibited.
(c) Any person who violates any provision of this section shall have committed an infraction.
(1949 Rev., S. 5067; 1953, S. 2561d; 1959, P.A. 169, S. 1; P.A. 83-245, S. 2; P.A. 86-8; P.A. 99-169, S. 3, 7.)
History: 1959 act authorized Waterford-East Lyme shellfish commission to make residency requirements re digging or taking clams from shores or waters of Niantic River; P.A. 83-245 amended Subsec. (a) to define recreational harvest limit and to establish a limit of one bushel per person and amended Subsec. (c) to replace one hundred dollar fine with provision making violations an infraction; P.A. 86-8 amended Subsec. (a) by reducing the recreational harvest limit for clams from one to one-half bushel per person daily; P.A. 99-169 deleted a provision in Subsec. (a) limiting authorization under this section to residents of this state, effective June 23, 1999.
Cited. 231 C. 418, 435.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-236. Uncertified natural grounds. No provisions of any public or special act concerning the quantity of shellfish to be taken from natural grounds shall apply to the harvesting of shellfish from the following-described uncertified natural grounds posted by the Department of Public Health, under permits issued by said department: In the town of Branford, beginning at the southerly point of Darrow's Island, at the mouth of Farm River, from which point, on the tenth day of June at 12:15 p.m., the New Haven lighthouse, on southwest ledge off New Haven Harbor, bears south 84Þdg west; the spindle of Geodetic survey bears north, 11Þdg west, "Magnetic Meridian"; thence along the westerly shore of said island to the northerly point thereof, where it intersects a designation to Patrick O'Brien and others; thence along the westerly line of O'Brien's designation of what is called the "Gut" to the steppingstones, so called, at the southerly line of a designation to the middle of Farm River; thence southerly along a line in the middle of said river to the line of the Commissioner of Agriculture, formerly of the shellfish commissioners, to the place of beginning, containing twenty-two and one-half acres; also, beginning at Swift Water Point, so called, on the east side of Farm River, and at the northeasterly corner of Willis Munson's designation; thence northerly along the easterly side of Farm River to the causeway and bridge; thence westerly along said causeway and bridge to the town line fixed by the towns of East Haven and Branford; thence southerly along said line in the middle of said river to said Munson's north line, to the place of beginning, containing six acres; also, beginning on the northerly side of the causeway and bridge over Farm River and running northerly along the easterly shore of said river to a designation to Harrison Bristol and Warren S. Bradley, at a place called Oak Point; thence westerly along said Bristol and Bradley south line to the middle of the river; thence southerly by a line in the middle of the said river to the bridge over Farm River; thence easterly by the bridge and causeway to the place of beginning, containing three acres; also, all that portion of Farm River lying within the limits of the town of Branford, and being northerly of the northerly line of a designation near Farm Creek to August Hall and William H. Thompson, extending up said river to a point where the waters of Saltonstall Lake form a junction with the waters of said river, containing five acres, more or less; also, all that portion of territory within the limits of the town of Branford, known as Calm Island Bar, commencing at a hole drilled in a rock at the west end of Calm Island Bar, from which point the lighthouse on southwest ledge off New Haven Harbor bears, June 15, 1885, south 88Þdg 35Þpr west, Branford Beacon bears south 6Þdg 35Þpr east thence north 57Þdg 45Þpr east, 751 feet, to a point of rock at the easterly end of said bar; thence running south 13Þdg 12Þpr west to low water mark; thence in a westerly direction along the line of low water to a point which is south 53Þdg 20Þpr east, from the hole in the rock; thence to the starting point; containing five and one-half acres; also, that portion of Branford River bounded and described as follows: Beginning at a point on the easterly side of Branford River, in a line with the northerly line bears north 32Þdg 10Þpr west, ranging with the tall chimney of the Malleable Iron Works near the depot, in the town of Branford, and the chimney of the dwelling house on Kirkham Street owned by Daniel Averill; thence along the northerly line of said Cook's designation to the westerly shore of said river, thence easterly along the northerly line of said river to the Short Line railroad bridge; thence across said river by the line of said bridge; thence easterly and southerly along the line of said river to the place of beginning, containing thirty-eight and one-half acres.
(1949, S. 2562d; 1971, P.A. 872, S. 363; 1972, P.A. 52, S. 33; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1971 act made commissioner of environmental protection successor to shellfish commissioners; 1972 act replaced commissioner of environmental protection with commissioner of agriculture; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-237. Penalty. Any person violating any provision of this chapter for which violation no specific penalty is imposed shall be fined not more than five hundred dollars or imprisoned not more than six months or both.
(1949 Rev., S. 5068.)

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-237a. Deposit of cultch material on state shellfish beds. There is established within the Department of Agriculture a program to purchase shell or other cultch material for deposit on state shellfish beds. The program shall also include the purchase of management supplies, materials and spawn oyster stock.
(P.A. 87-426, S. 1; P.A. 88-291, S. 1, 6.)
History: P.A. 88-291 added provision for the purchase of management supplies, materials and spawn oyster stock.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-237b. Shellfish Fund. (a) There is established and created a fund to be known as the "Shellfish Fund". Any revenue collected pursuant to section 26-237c and the proceeds of any bonds authorized for the purpose of section 26-237a shall be deposited in the fund. Any balance remaining in said fund at the end of any fiscal year shall be carried forward in said fund for the fiscal year next succeeding.
(b) The fund shall be used by the Commissioner of Agriculture for the program established under section 26-237a.
(P.A. 87-426, S. 2; P.A. 94-95, S. 21.)
History: P.A. 94-95 in Subsec. (a) eliminated provisions requiring the Shellfish Fund to be held separate and apart from all other moneys, funds and accounts and that investment earnings be credited to assets of the fund.

(Return to TOC) (Return to Chapters) (Return to Titles)

Sec. 26-237c. License for the harvesting of oysters from state shellfish grounds. (a) Any person engaging in the harvesting of oysters from state shellfish grounds seeded by the state shall first obtain a license from the Commissioner of Revenue Services to engage in such harvesting, which license shall remain in full force and effect until cancelled, suspended or revoked.
(b) Each licensee shall keep an accurate record of the amount of shellfish harvested by him from state shellfish grounds seeded by the state. Such record shall be preserved by the licensee for a period of three years and shall be offered for inspection upon demand of the commissioner or any officer or agent designated by him.
(c) Each licensee shall submit a return quarterly to the Commissioner of Revenue Services, applicable with respect to the calendar quarter beginning October 1, 1988, and each calendar quarter thereafter, on or before the last day of the month immediately following the end of each such calendar quarter on a form prescribed by the commissioner. Such form shall be accompanied by payment of a tax equal to ten per cent of the retail value of the oysters that have been harvested by the licensee from state shellfish grounds which have been seeded by the state, as determined by the Commissioner of Agriculture in accordance with regulations adopted in accordance with the provisions of chapter 54.
(d) Whenever such assessment is not paid when due, a penalty of ten per cent of the amount due or fifty dollars, whichever is greater, shall be imposed, and such assessment shall bear interest at the rate of one per cent per month or fraction thereof until the same is paid. The Commissioner of Revenue Services shall cause copies of a form prescribed for submitting returns as required under this section to be distributed throughout the state. Failure to receive such form shall not be construed to relieve anyone subject to assessment under this section from the obligations of submitting a return, together with payment of such assessment within the time required.
(e) The revenue collected in accordance with the provisions of this section shall be deposited in the fund established pursuant to section 26-237b.
(f) The Commissioner of Revenue Services shall prescribe regulations in accordance with the provisions of chapter 54 for the enforcement of this section.
(g) The Commissioners of Revenue Services and Agriculture shall jointly report to the joint standing committee of the General Assembly having cognizance of matters relating to state finance, revenue and bonding on the effectiveness of the licensing and taxation provisions of this section not later than February 1, 1990.
(h) The provisions of sections 12-548 to 12-554, inclusive, and section 12-555a shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of said sections 12-548 to 12-554, inclusive, and section 12-555a had been incorporated in full into this section and had expressly referred to the assessment under this section, except to the extent that any such provision is inconsistent with a provision in this section and except that the term "tax" shall be read as "seed oyster assessment".
(P.A. 87-426, S. 3; P.A. 88-291, S. 2, 6; P.A. 91-236, S. 21, 25; P.A. 95-26, S. 47, 52.)
History: P.A. 88-291 changed the basis for the license from "buying" to "harvesting", changed the method of computing the tax from the "amount paid by the licensee to the person selling" to "the retail value", as determined by the commissioner of agriculture, made other technical changes and added Subsec. (g) re report to general assembly; P.A. 91-236 added Subsec. (h) to include administrative, hearing and appeal provisions, effective July 1, 1991, and applicable to taxes due on or after that date; P.A. 95-26 amended Subsec. (d) to lower interest rate from one and one-half to one per cent and made technical changes, effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995, whether or not those taxes first became due before said date.

(Return to TOC) (Return to Chapters) (Return to Titles)