PA 07-74—HB 7018

Environment Committee

AN ACT CONCERNING IDENTIFICATION OF HARVESTED SHELLFISH

SUMMARY: This act transfers jurisdiction over the Cockenoe Flats shellfish grounds in Westport from the state to the town of Westport, gives the Westport Shellfish Commission jurisdiction over recreational clamming in the shellfish grounds, and allows the commission to issue recreational clamming permits for use of the grounds by all state residents.

It allows the Department of Agriculture (DOAG), upon a municipality's written request to enter into a memorandum of understanding (MOU) with the municipality authorizing the municipal health department or similar agency to collect sea water samples for shellfish harvest water classification. It specifies duties with respect to the MOU and sampling and allows the municipality to assist DOAG with sample collection under certain circumstances.

The act also requires DOAG to assign a unique confidential code for tag identification information about shellfish harvest locations.

It requires a buoy to meet certain specifications if it marks (1) the line between private and public or natural oyster, clam, or mussel (shellfish) beds and (2) an area in town beds for planting or cultivating shellfish (marker buoy).

It also limits the area authorized by a resource assessment permit, which DOAG issues to assess the viability of a shellfish area, to 100 acres or less. Under the act, DOAG must require buoys to be placed at each corner of the assessment area, as the permit applicant defines it, before any assessment begins. The department must notify all abutting shellfish ground owners or lease holders that it has issued such a permit no later than five days before the permit's effective date.

EFFECTIVE DATE: Upon passage, except for the provision concerning buoys, which is effective July 1, 2007.

MOU AND SAMPLES

Under the act, the MOU cannot limit the geographic area from which the municipality collects samples nor can it be construed to prevent the municipality from collecting or processing samples to improve shellfish harvest water classification. DOAG must give the municipality support, documentation, and training on record keeping, collecting samples, and transport. The municipality must provide training to any employees or agents it designates to take the samples.

The samples that a municipality collects must be collected and processed in accordance with the National Shellfish Sanitation Program (NSSP) Model Ordinance (see BACKGROUND). The samples must be processed by a laboratory certified as the ordinance requires. Under the act, the analysis of a sample processed in a laboratory other than one the DOAG operates must be transmitted directly to DOAG's Bureau of Aquaculture and the municipality that submitted the sample.

The municipality may help DOAG collect samples in post-rainfall conditions or spills, or for routine sampling requirements. Under the act, DOAG must (1) accept all sample data analysis from samples that municipalities collect and (2) include the data analysis in any database, report, file, calculation, or process it uses to determine or report water quality classification or reclassification.

TAG IDENTIFICATION

By law, all tag identification information about shellfish harvest locations is confidential if the shellfish harvester marks the tag with a unique code corresponding to the harvest location. Prior law required the harvester to provide DOAG and the Department of Environmental Protection (DEP) with (1) a written code key describing his or her harvest location and (2) the corresponding code he or she used for it. The act instead requires DOAG to give the harvester and DEP the code key describing the harvest location and the corresponding code.

SHELLFISH MARKER BUOYS

Under the act, the marker buoys must be constructed of rigid polystyrene foam or similar buoyant material. The buoy must support a vertical pole at least 10 feet high and be tethered by a rope or line to an anchoring device weighing enough to maintain the buoy's position. This vertical pole cannot (1) exceed 3. 5 inches in diameter at any point or (2) be constructed of metallic material. The buoy must have a durable waterproof flag that is at least six inches tall and eight inches long affixed to the pole's top.

By law, all stakes, buoys, or other markers, except state-placed buoys, that mark the divisional line, in whole or in part, between any private and any public or natural oyster, clam, or mussel beds in any state waters must have the name or initial of the owner plainly marked and visible at high water. Any corporation or person who fails to comply with these requirements, and those under the act, commits an infraction (see Table on Penalties).

BACKGROUND

Classification

By law, DOAG must classify the coastal waters, shores, and tidal flats for shellfish taking. The classifications are: approved, conditional (conditional-open and –closed), restricted, conditionally restricted, and prohibited. Anyone aggrieved by a classification decision may appeal as the law provides.

An area may be classified as prohibited for taking or harvesting shellfish if it fails to conform to the standards established by the department for other classifications. The department may specify the activities that may occur within each classified area. The activities must be listed on the shellfish license the department issues.

Resource Assessment License

By law, people must obtain a license if they conduct shellfish operations involving relay (transplant), aquaculture, scientific studies, market harvesting, shucking, repacking, or the sale of shellfish to market. Licenses are usually valid for up to one year and are not transferable. Fees range from zero to $50. DOAG may issue a license to conduct a scientific resource assessment or for educational or research purposes. Shellfish may not be removed from any leased or granted state or local natural bed without permission. Harvested shellfish from such an area may not be sold, consumed, or otherwise offered.

NSSP Model Ordinance

The NSSP Model Ordinance establishes (1) minimum requirements for regulating the interstate commerce in molluscan shellfish and (2) a program to protect consumers' public health by ensuring that shellfish sold and distributed (a) are from safe sources and (b) have not been adulterated at any point. The model ordinance provides guidelines and is not a regulation.

OLR Tracking: KM: KS: JL: RO