Sec. 26-194. Leasing of shellfish grounds. Fee. Utility lines and public use
structures. Shellfish removal or relocation costs. Annual host payments for Long
Island Sound crossings. Deposits into expand and grow Connecticut agriculture
account and Environmental Quality Fund. (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 four dollars per
acre. Such lease or lease renewal shall require the lessee to make a good faith effort to
cultivate and harvest shellfish from the leased area. Such lease or lease renewal shall
prohibit the lessee from entering a contract whereby the lessee agrees not to cultivate
and harvest shellfish for any period of time. No lessee may enter an agreement with a
third party that will prevent the lessee from carrying out the lessee's obligations under
the lease unless the Department of Agriculture and the Attorney General have approved
such agreement. 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 shellfish grounds, on the expiration of any lease thereof which has
been or which may be granted, having fulfilled all of such lessee's or holder's obligations
under the lease shall, upon application to the commissioner, have preference in the
reletting of such ground for a like term to that granted in the original lease, excluding
the rental fee, which shall not be less than the minimum fee per acre as provided in this
subsection. A lease renewal shall not be granted if the applicant is in arrears for rent on
the original lease of such grounds. 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 shellfish 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) Upon request of a lessee, the commissioner may divide or consolidate shellfish
grounds leased by such lessee, if the commissioner determines such division or consolidation to be in the best interests of the state. The minimum fee per acre shall apply to
shellfish grounds divided or consolidated pursuant to this subsection.
(c) The Commissioner of Agriculture shall assess the owner of any facility that
requires a certificate issued pursuant to section 16-50k or that requires approval by the
Federal Energy Regulatory Commission and that crosses any grounds of Long Island
Sound within the jurisdiction of the state, including, but not limited to, any shellfish
area or leased, designated or granted grounds, an annual host payment fee of forty cents
per linear foot for the length of such facility within the jurisdiction of the state. The
Commissioner of Agriculture shall deposit seventy-five per cent of the proceeds of such
fee into the expand and grow Connecticut agriculture account established pursuant to
section 22-38c and shall transfer the remaining twenty-five per cent to the Commissioner
of Environmental Protection for deposit into the Environmental Quality Fund established pursuant to section 22a-27g.
(d) Notwithstanding the provisions of subsection (a) of this section, any owner of
a utility line or public use structure that impacts a leased area shall pay to the lessee the
costs of removing or relocating any shellfish. Nothing in this subsection shall be construed to prohibit the state or any lessee from recovering damages incurred by the state
or the lessee caused by the installation, construction or presence of such utility line or
public use structure.
(e) The Commissioner of Agriculture 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; P.A. 03-263, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (g); P.A. 04-109, S. 17;
04-189, S. 1; 04-222, S. 6; 04-223, S. 4.)
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; P.A. 03-263 amended Subsec. (a) by adding provisions re lease or its renewal to require the lessee to make a
good faith effort to cultivate and harvest shellfish and prohibit the lessee from entering any contract or agreement not to
cultivate and harvest shellfish, added new Subsec. (b) requiring owner of a utility line or public use structure that impacts
a leased area to pay the costs of removing or relocating any shellfish to the lessee, and redesignated existing Subsec. (b)
as Subsec. (c), effective July 9, 2003; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture
with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-109 amended
Subsec. (b) to make a technical change, effective May 21, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A.
03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004;
P.A. 04-222 added new Subsec. (c) re assessment of annual host payment fee and deposit of proceeds of such fee, redesignated existing Subsec. (c) and made a technical change therein, effective July 1, 2004 (Revisor's note: In 2005, a reference
to "Environment Quality Fund" in new Subsec. (c) was changed editorially by the Revisors to "Environmental Quality
Fund" for accuracy); P.A. 04-223 amended Subsec. (a) to increase minimum lease fee from two to four dollars per acre,
change "oyster ground" to "shellfish grounds", require fulfillment of lessee's or holder's lease obligations prior to renewal
of lease, and provide that renewal lease fee shall not be less than minimum fee per acre, added new Subsec. (b) re division
or consolidation of leased shellfish grounds, and redesignated existing Subsecs. (b) and (c), effective June 1, 2004.
Cited. 146 C. 619.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and
Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing
the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e);
P.A. 04-189, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture
and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby
reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
One who earns living from natural bed proper party to bring application. 89 C. 7. Cited. 231 C. 418, 420, 422.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189,
S. 1.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments
of Agriculture and Consumer Protection, effective June 1, 2004.
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.
Sec. 26-197. Commissioners' fees on hearings. Section 26-197 is repealed.
(1949 Rev., S. 5033; P.A. 78-48, S. 3.)
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189,
S. 1.)
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; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and
Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing
the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
See Sec. 7-34a re fees received by town clerk.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189,
S. 1.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments
of Agriculture and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of
Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed
Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer
Protection, effective June 1, 2004.
Effect of survey and map in fixing designations. 62 C. 50; 66 C. 285.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189,
S. 1.)
History: 1971 act replaced references to shellfish commissioners with references to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments
of Agriculture and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189,
S. 1.)
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; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments
of Agriculture and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189,
S. 1.)
History: 1971 act replaced reference to shellfish commissioners with reference to environmental protection commissioner; 1972 act replaced environmental protection commissioner with commissioner of agriculture; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments
of Agriculture and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189,
S. 1.)
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;
June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer
Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 26-205. Wardens; appointment, duties and powers. Section 26-205 is repealed, effective October 1, 2002.
(1949 Rev., S. 5042; 1971, P.A. 872, S. 343; 1972, P.A. 52, S. 13; S.A. 02-12, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner
of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed
Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer
Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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"; June 30 Sp. Sess.
P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments
of Agriculture and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6
replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004;
P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture
and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6
replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004;
P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture
and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6
replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004;
P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture
and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189,
S. 1.)
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; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of
Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and
Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing
the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
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; June 30
Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of
Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed
Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer
Protection, effective June 1, 2004.
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.)
Sec. 26-215. Power dredges. Local shellfish commissions. Use of power
dredges to restore shellfish beds. (a) 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.
Except as provided in subsection (b) of this section, 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 in this section 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.
(b) A local shellfish commission established pursuant to section 26-257a may allow
limited and supervised use of a power dredge or other contrivance with a capacity of
not more than three bushels, for the purpose of cultivation, enhancement or restoration
of natural shellfish beds located within the jurisdiction of said commission. The use of
a power dredge or other contrivance pursuant to this subsection shall not be extended
to the harvesting or removal of oysters. Such shellfish commission shall administer such
dredging pursuant to section 26-257a.
(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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; 04-223, S. 8.)
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"; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of
Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A.
04-223 designated existing provisions as Subsec. (a), making conforming and technical changes therein, and added Subsec.
(b) re local shellfish commission authority to authorize power dredge use, effective June 1, 2004.
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; June 30 Sp.
Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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;
June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer
Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
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.)
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.)
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer
Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
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; June 30 Sp. Sess. P.A. 03-6, S.
146(e); P.A. 04-189, S. 1.)
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"; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189
repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and
Consumer Protection, effective June 1, 2004.
Secs. 26-221 to 26-223. Mud dumping. Notice of intended dumping on private
oyster beds. Dumping inspectors. Sections 26-221 to 26-223, inclusive, are repealed,
effective October 1, 2002.
(1949 Rev., S. 5052-5054; 1953, S. 2559d; 1955, S. 2558d; 1959, P.A. 95, S. 4; 1971, P.A. 872, S. 356-358; 1972,
P.A. 52, S. 26-28; P.A. 78-334, S. 7, 8; P.A. 96-180, S. 100, 166; P.A. 02-89, S. 90; S.A. 02-12, S. 1.)
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.
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; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (f); P.A. 04-189, S. 1.)
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; June 30 Sp. Sess. P.A. 03-6 replaced
Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger
of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.