October 26, 2006 |
2006-R-0653 | |
SHELLFISH PERMITS AND LICENSES | ||
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By: Paul Frisman, Principal Analyst | ||
You asked for a summary of the Agriculture Department's shellfish permits, special permits and licenses, and the policies regarding them. The department uses the terms permit and license interchangeably.
SUMMARY
By law, each commercial shellfish harvester, producer, or shipper must obtain an agriculture department license that identifies the license holder and any conditions the department imposes. All shellfish operations involving relay (transplant), aquaculture, scientific studies, market harvesting, shucking, repacking, or the sale of shellfish to market must obtain a license. Licenses are usually valid for one year or less and are not transferable. License fees range from $ 0 to $ 50.
The department can deny a license if the applicant has violated specified statutes or the Public Health Code. It can revoke a license after notice and opportunity for a hearing. A licensee cannot make shipments or deliveries after his license has been revoked. A license can be suspended pending a revocation proceeding if the agriculture department determines the operations are a public health hazard or the licensee has violated certain state laws or Department of Public Health regulations (CGS § 26-192c).
Aquaculture Bureau Director David Carey says the bureau may issue a temporary license (up to 30 days) while awaiting further information from an applicant. Carey says the bureau also may authorize individual shellfish activities as a special license condition, and has issued special licenses on a temporary basis. A department webpage, http: //www. state. ct. us/doag/business/aquac/shelicsn. htm, describes the various types of shellfish licenses.
OLR Report 2001-R-0715 (attached) provides more information on Connecticut aquaculture in general and agriculture department responsibilities specifically.
As the state's lead shellfish agency, the department must ensure compliance with the provisions of the National Shellfish Sanitation Program (NSSP) Model Ordinance, as amended, which the department must incorporate into regulations by reference (CGS §§ 26-192a and 26-192c). The NSSP is the federal-state cooperative program recognized by the U. S. Food and Drug Administration and the Interstate Shellfish Sanitation Conference for the sanitary control of shellfish produced and sold for human consumption. The NSSP is meant to promote and improve the sanitation of shellfish (oysters, clams, mussels, and scallops) moving in interstate commerce through federal and state cooperation and uniformity of state shellfish programs.
TYPES OF SHELLFISH LICENSES
Table 1, below, describes 18 types of shellfish licenses, and gives the statutory authority for each, its duration and fee, if any.
Table 1: Agriculture Department Shellfish Licenses
License Type |
Statutory Authority |
Required |
Duration |
Fee |
Shipper I |
CGS 26-192c |
To grow, harvest for market, buy or sell shellfish. Shipper I license needed for specified owned, leased, or franchised beds. |
Annual |
None |
Shipper II |
CGS § 26-192c |
Same as Shipper I, but for public town beds. |
Annual |
None |
Shipper III |
CGS § 26-192c |
To buy, repack, and sell shellfish for market. Shellfish must be obtained only from dealers on the Interstate Certified Shellfish Shippers List (listed dealers). Not authorized to shuck shellfish or repack shucked shellfish, but may ship shucked shellfish in original container. |
Annual |
None |
Shucker-Packer |
CGS § 26-192c |
To buy, shuck and pack, repack, ship, or reship shellfish originating from listed dealers before resale. |
Annual |
None |
Repacker |
CGS § 26-192c |
To buy shucked shellfish from listed dealers and repack before resale. Not authorized to shuck. |
Annual |
None |
Reshipper |
CGS § 26-192c |
To buy shellfish from listed dealers for resale. Not authorized to repack or re-label. |
Annual |
None |
Depuration |
CGS § 26-192c |
To operate a depuration plant and sell processed shellfish. Marketed shellfish must have tags including the letters “DP” after the license number. |
Annual |
None |
Provisional Depuration |
CGS § 26-192c |
Required for plant startup before issuance of a depuration license. Shellfish cleaned and purified under this license may not be marketed. |
Annual |
None |
Relay/Transplant |
CGS §§ 26-192h and 26-192e(d) |
To take shellfish from all natural and privately-owned or leased beds with a “Prohibited” or less restrictive classification, and place them on specified owner-controlled beds. Shellfish may be re-harvested for market when the license is surrendered and other conditions have been met. |
Annual |
None |
Relay/Depuration |
CGS § 26-192c |
To only take shellfish from natural and privately-owned or leased beds classified as “Restricted-Relay/Depuration” and transferring them to a specified licensed depuration plant. Issued only to commercial shellfishers. |
Annual |
None |
Oyster Boat |
CGS § 26-212 |
For any boat involved in commercial shellfishing from any natural bed, and for seed oyster licensees and their assistants. |
Annual |
$ 15 |
Oystering, Personal |
CGS § 26-213 |
To take shellfish from any natural shellfish bed. “T” (transplant) oyster seed licenses allow individuals and their assistants to harvest oyster seed for transplantation to the individual's beds. “S” (seed) licenses are issued to people who sell the seed to shellfishermen who own shellfish grounds. |
Annual |
$ 10 |
Reopen Town Relay |
CGS § 26-192c |
Issued by towns or shellfish commissions to reopen normally open municipal recreational waters closed because of a town recreational relay operation. |
Annual |
None |
Scientific Resource Assessment |
CGS § 26-192c |
To conduct resource assessment, education, or research. Shellfish may not be removed from any leased or granted state or local natural bed without permission. Harvested shellfish may not be sold, consumed, or otherwise offered. |
Annual |
None |
Town Recreational Relay |
CGS § 26-192c |
Required by a town or shellfish commission to relay (transplant) shellfish from areas with a “Prohibited” or less restrictive classification to specified recreational shellfishing areas. The relay area must be kept closed until the town or commissioner issues a license to reopen the area. |
Annual |
None |
Long Term Transplant |
CGS § 26-192c |
To take shellfish from all beds with a “Prohibited” or less restrictive classification with a purification period of at least 6 months. |
Annual |
None |
Short Term Transplant |
CGS § 26-192c |
To take shellfish from all beds with a “Restricted-Relay” or less restrictive classification with a purification period of 14 days. |
Annual |
None |
Conch |
CGS § 26-219 |
Take more than one-half bushel of conch daily. |
Annual |
$ 50 |
PF: dw