Sec. 26-192k. Shellfish relay from restricted relay grounds. Tag identification
information confidential. Code re harvest location. (a) The Department of Agriculture shall allow the relay of shellfish from shellfish grounds classified as restricted relay
to other grounds in accordance with the National Shellfish Sanitation Program Model
Ordinance, as amended from time to time, regarding restricted shellfish relay. The department shall allow the harvest of shellfish from shellfish grounds classified as approved for market on the same day using the same vessel, provided the harvester first
harvests the approved market product and lands the product to shore. A harvester shall
not begin the relay of shellfish from shellfish grounds classified as restricted relay until
all shellfish harvested first from approved market grounds, in market quantities, have
been removed from the vessel. Such harvester shall not begin such relay until after the
harvester has notified the Department of Environmental Protection of such relay. The
harvester shall provide all information required by the Department of Agriculture regarding shellfish relays to the Department of Environmental Protection at the time of
such notification. For the remainder of the day, the harvester shall not harvest approved
market shellfish after beginning such relay.
(b) All tag identification information regarding shellfish harvest locations shall be
confidential, provided the harvester of the shellfish marks the tag with a unique code
corresponding to the shellfish harvest location. The Department of Agriculture shall
provide such harvester and the Department of Environmental Protection with a written
code key detailing the harvest location and corresponding code to be used by the harvester.
(P.A. 06-116, S. 2; P.A. 07-74, S. 1.)
History: P.A. 06-116 effective June 2, 2006; P.A. 07-74 amended Subsec. (b) to delete requirement that harvester
provide Department of Agriculture with written code key and add provision requiring department to provide harvester
with code key, effective May 30, 2007.
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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, the person shall be fined not less than fifty dollars or more than one hundred
dollars and imprisoned not less than thirty days or more than ninety days, and, on each
subsequent conviction, the person 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; P.A. 07-217, S. 126.)
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 $7 to $50, changed fines for second conviction
from minimum of $7 to $50 and from maximum of $20 to $100 and increased fine for subsequent convictions from $50
to $150 and specified six-month prison term as a maximum sentence; P.A. 07-217 made technical changes, effective July
12, 2007.
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Sec. 26-237d. Municipal collection of sea water samples for shellfish harvest
water classification. (a) The Department of Agriculture may, upon written request of
a municipality, enter into a memorandum of understanding with such municipality to
authorize the health department or similar agency of the municipality to collect sea water
samples for the purpose of shellfish harvest water classification. The memorandum of
understanding shall not limit the geographic area from which the municipality may
collect such samples and shall not be construed to prevent the municipality from collecting or processing samples for the purpose of improving shellfish harvest water classification. The Department of Agriculture shall provide the municipality with support, documentation and training regarding record keeping and sample collection and transport.
The municipality shall provide training to any employees or agents it designates to take
such samples.
(b) Samples collected by a municipality shall be collected and processed in accordance with the National Shellfish Sanitation Program Model Ordinance, as amended from
time to time. Such samples shall be processed by a laboratory certified pursuant to said
ordinance. The analysis of a sample processed in a laboratory other than a Department
of Agriculture laboratory shall be transmitted directly to said department's Bureau of
Aquaculture and to the municipality that submitted the sample.
(c) The municipality may, but shall not be required to, assist the Department of
Agriculture in sample collection in post rainfall conditions, spill events or routine sampling requirements. The Department of Agriculture shall accept all sample data analysis
from samples collected by municipalities pursuant to this section and said department
shall include such data analysis in any data base, report, file, calculation or process used
by said department to determine or report water quality classification or reclassification.
(P.A. 07-74, S. 2.)
History: P.A. 07-74 effective May 30, 2007.
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Sec. 26-237e. Resource assessment permits. A resource assessment permit issued by the Department of Agriculture for the purpose of assessing the viability of a
shellfish area shall not authorize more than one hundred acres of assessment area per
permit. Said department shall require the placement of buoys at each corner of the assessment area, as defined by the permit applicant, prior to the start of any assessment. Said
department shall notify all abutting shellfish ground owners or lease holders of the
issuance of such permit not later than five days prior to the effective date of the permit.
(P.A. 07-74, S. 5.)
History: P.A. 07-74 effective May 30, 2007.
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