reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-243. - Evidence of designation to be recorded.

The selectmen of each town in which places have been designated in its navigable waters for planting or cultivating oysters, clams or mussels shall provide a book, to be kept by the town clerk, for recording all applications for such places, together with the written designation and descriptions of the places designated and set out thereon, and all assignments of such places. The town clerk shall record each application and note thereon the day when it was received for record and the book and page where it was recorded and make an alphabetical index of all such applications, designations and assignments, specifying the names of the applicants and of the assignors and assignees, separately; and an attested copy of any such application, designation or assignment, with a certificate that it has been recorded, shall be conclusive evidence of the fact of such record and prima facie evidence of the validity of such application, designation or assignment.
(1949 Rev., S. 5078.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-244. - Lost title; redesignation. Penalty.

Any owner of any such place who has lost the evidences of his title, after filing the same with the town clerk, may apply to the shellfish commission of the town in which such place is situated, and in East Haven and West Haven to the selectmen, and if he satisfies them that the same justly belongs to him, and that he had obtained and filed such evidences of title with the town clerk, and that such evidences have been lost or destroyed, such commission or selectmen may designate and set such place to him anew, notwithstanding he may have acquired title to other places, though the whole of the places held by him would exceed two acres in extent; but no new application and designation shall affect the rights of any other person to any place so designated and set out or to the oysters thereon. Any person who fraudulently procures any such place to be designated and set to himself, or to any other person, under the provisions of this section shall be fined not more than three hundred dollars.
(1949 Rev., S. 5079; P.A. 86-225, S. 4; P.A. 12-80, S. 34.)
History: P.A. 86-225 transferred functions from oyster-ground committees to shellfish commissions; P.A. 12-80 deleted provision authorizing a term of imprisonment of not more than 6 months.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-245. - Fees of shellfish commissions.

A shellfish commission may establish a fee for a description of grounds designated for planting and cultivating oysters and a fee to be paid to each member for each day occupied in making such designation.
(1949 Rev., S. 5080; P.A. 86-225, S. 5.)
History: P.A. 86-225 entirely replaced prior provisions, transferring functions of oyster-ground committees to shellfish commissions and authorizing such commissions to establish fees.
Cited. 112 C. 214.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-246. - Designation of disputed lines in local jurisdiction.

When the boundaries of lands or grounds not within the exclusive jurisdiction of the state, lawfully designated for the planting or cultivation of oysters, clams or mussels, between adjoining proprietors, have been lost or become uncertain, or when the shellfish commission authorized to stake out such lands or grounds has, in the designations or descriptions thereof, described such boundaries so as not to agree with or correctly locate the boundaries actually fixed by them, and such adjoining proprietors cannot agree to establish the same, one or more of them may bring a petition to the superior court for the judicial district in which such lands or grounds, or a portion of them, are situated, and said court may order such lost and uncertain bounds to be erected and established; and may appoint a committee of not more than three disinterested property owners, who shall give notice to all parties interested, as the same appear, in such lands or grounds, to appear before them, and having been sworn, shall inquire into the facts and erect and establish such lost and uncertain bounds, and ascertain the true line between such adjoining proprietors, and reestablish and relocate the same where the shellfish commission marked and placed the same, and may employ a surveyor to assist them if necessary. Such commission shall report to the court the facts relating to such matters, and the original designations and descriptions of such lands and grounds, and of all their doings in the premises; and, if said court finds such parties were duly notified, it may confirm such doings and by its decree fix and locate such boundary lines between such adjoining proprietors, and certified copies of the report and decree shall be recorded in the oyster records of the town in which such lands are, or on which such original designations of such grounds are recorded, and the lines and bounds so erected and established shall be the bounds and lines between such adjoining proprietors. This section shall not apply to any designation of oyster ground which contains a map thereof, or which refers to such map lodged on file in the town clerk's office, or to oyster grounds within the exclusive jurisdiction of the state.
(1949 Rev., S. 5081; P.A. 76-436, S. 605, 681; P.A. 78-280, S. 1, 127; P.A. 81-472, S. 140, 159; P.A. 86-225, S. 6.)
History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 replaced “county” with “judicial district”; P.A. 81-472 made technical changes; P.A. 86-225 transferred functions of oyster-ground committees to shellfish commissions.
The divisional line must be of adjoining grounds and the map must be absolutely accurate; these are jurisdictional questions. 51 C. 188. Admissibility of evidence. 74 C. 374.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-247. - Removal of beds improperly staked.

When any natural oyster or clam bed, or any part thereof, within town jurisdiction, has been designated, enclosed or staked out, contrary to the provisions of this chapter, the superior court for the judicial district in which such bed is situated, upon the petition of any individual aggrieved, or of the town in which such bed is situated, against the person claiming the same, and the chairman of the shellfish commission appointed by such town, when such petition is brought by an individual, shall appoint a committee, which, having been sworn and given notice to the parties, shall hear such petition and report the facts thereon to said court. If it appears that such bed has been improperly staked out, the court may order such commission to remove the stakes enclosing the same, and costs to be paid at the discretion of the court; but, when oysters have been planted or cultivated or improvements made, before such petition is brought, by any person, in good faith, to whom such designations have been made, or by any assignee of such person, the court shall give him a reasonable time to remove such oysters and improvements.
(1949 Rev., S. 5082; P.A. 76-436, S. 606, 681; P.A. 78-280, S. 1, 127; P.A. 86-225, S. 7.)
History: 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; P.A. 86-225 transferred functions of oyster-ground committees to shellfish commissions.
In the absence of legislative authority, the state can only invoke judicial action. 48 C. 447; 55 C. 266. Clams and oysters are distinct species of shellfish. Id., 265. Title to natural bed cannot be gained by adverse possession; section is constitutional. 56 C. 509. Provision for removal of stakes is not designed as a method of trying title; nor provision allowing time for removal of oysters, to restrict public rights, but to prevent sudden and forcible ejectment; no recovery allowed for taking a few cents' worth of planted oysters intermingled with natural growth. 66 C. 285.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-248. - Procedure to dam creek or inlet.

When the owner of any land in which there is any saltwater creek or inlet desires to dam, gate or lock the same for any oyster pond, for the cultivation of oysters, he may make application therefor to the selectmen of the town or the shellfish commission where such creek or inlet may be, who shall visit and examine it. If, in the opinion of the selectmen or commission, to dam it will not injure navigation or deprive the public of any rights or privileges, said selectmen or commission shall mark off, or set bounds, where a dam may be built, and report such opinion to a meeting of the town or the commission; and, if such opinion is approved by the meeting or the commission, the owner of such creek or inlet may construct and maintain such dam, gate or lock, for such purpose, during the pleasure of the General Assembly.
(1949 Rev., S. 5083; P.A. 86-225, S. 8.)
History: P.A. 86-225 amended section to authorize shellfish commission, as well as selectmen, to rule on applications to restrict water flows, where previously the power was restricted to the selectmen.
Strict compliance in mode of procedure is requisite; whether all the owners of lands are required to join, quaere; public rights in a natural bed not affected. 42 C. 255.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-249. - Private ownership in cultivated shellfish.

Each person who plants or cultivates oysters, clams or mussels, in any place lawfully designated, shall own them and also all other oysters, clams or mussels on such place, and have the exclusive right of taking up and disposing of them and of using such place for the purpose of planting or cultivating oysters, clams or mussels therein, which place shall be transferable by written assignment; but nothing herein contained shall affect the rights of any owner of lands in which there may be saltwater creeks or inlets, or which may be opposite or contiguous to such navigable waters; nor authorize any shellfish commission or selectmen to designate, nor any person to mark, stake out or enclose, any natural oyster or clam bed, or infringe upon the free navigation of such waters, or interfere with the drawing of seines in any place established and customarily used for seine fishing.
(1949 Rev., S. 5084; P.A. 86-225, S. 9.)
History: P.A. 86-225 transferred functions from oyster-ground committees to shellfish commissions.
To dig shellfish between high and low water marks is a common right. 5 D. 22. Riparian owner may wharf or channel. 62 C. 139. Cited. 112 C. 214; 177 C. 287.
When one has franchise to oyster ground, town liable for damage it causes by laying sewer pipes. 12 CS 135.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-251. - Natural clam beds not to be designated.

No shellfish commission or selectman of any town shall designate, and no person shall mark, stake out or enclose, for the cultivation of oysters, clams or mussels, any natural clam bed.
(1949 Rev., S. 5086; P.A. 86-225, S. 10.)
History: P.A. 86-225 transferred functions from oyster-ground committees to shellfish commissions.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-252. - Taking of hard or round clams; size.

No rake, tongs, dredge or other device shall be used for taking hard or round clams in any of the waters of this state, with spaces or openings between the teeth or prongs of less than one inch, and no such clams less than one inch in thickness, or which will pass through a ring of one and one-half inches internal diameter, shall be bought, sold or offered for sale by any person but, if taken, shall, without unnecessary injury, be returned to the water whence taken. Any person who violates any provision of this section shall have committed an infraction.
(1949 Rev., S. 5114; P.A. 78-334, S. 14; P.A. 86-225, S. 11.)
History: P.A. 78-334 raised minimum fine from $10 to $25 and maximum fine from $50 to $100; P.A. 86-225 eliminated the fine for violations and made violations an infraction.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-253. - Trespass on designated ground.

Any person who wilfully commits any trespass or injury with eel spears or other implements on any designated oyster ground on which oysters are being cultivated shall have committed an infraction.
(1949 Rev., S. 5117; P.A. 78-334, S. 15; P.A. 86-225, S. 12.)
History: P.A. 78-334 raised maximum fine from $7 to $10; P.A. 86-225 eliminated the fine for violations and made violations an infraction.
Section applies to grounds when defective designation is validated. 64 C. 217.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-254 and 26-255. - Catching of shellfish on bridge pier. Plowing for shellfish along Long Island Sound.

Sections 26-254 and 26-255 are repealed.
(1949 Rev., S. 5118, 5119; P.A. 78-334, S. 17.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-256. - Injury to pond gates and dams.

Any person who injures the dams or gates of any oyster pond shall have committed an infraction.
(1949 Rev., S. 5120; P.A. 86-225, S. 13.)
History: P.A. 86-225 eliminated fine and imprisonment penalties and specified that injury to dams or gates is an infraction.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-257. - Local shellfish grounds under state control.

When shellfish grounds or franchises located within the limits of the towns of West Haven, New Haven, Milford and Westport, and northerly of the state jurisdiction line, have been surveyed, and a map of the same made and accepted by the Commissioner of Agriculture according to law, said commissioner shall have and exercise all the powers and duties with reference to the grounds designated thereby which he has with reference to the grounds south of the state jurisdiction line; and any copies of such books, records and maps which were used in connection with such survey shall be kept on file in the office of the commissioner; provided the selectmen of the town of Westport shall have exclusive jurisdiction over, and power to designate, shellfish grounds in the waters, in said town, of all creeks and estuaries tributary to Compo Mill Pond in said town, and the selectmen of the town of Milford shall have exclusive jurisdiction over, and power to designate or lease, shellfish grounds in the waters, in said town, of the Indian River, Gulf Pond and that portion of the Milford Harbor located northerly of the breakwater. The map of such grounds in the town of Milford shall be published with the annual report of the Commissioner of Agriculture. Taxes and rentals on grounds in the towns of West Haven and Westport and in the city of New Haven and on franchises in the town of Milford designated on such maps shall be paid to the treasurer of the town or city.
(1949 Rev., S. 5070; 1971, P.A. 872, S. 364; 1972, P.A. 52, S. 34; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
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; 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.
Cited. 231 C. 418.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-259. - Maps to be lodged in town clerk's office.

The selectmen of the town of West Haven and the committees of other towns shall, at the expense of their respective towns, procure and cause to be lodged and kept in the office of the town clerk of each town, respectively, accurate maps showing the boundary lines of their respective towns in the navigable waters of the state and all designations of ground by local authorities for the cultivation of shellfish made within such boundaries, and shall number such designations on such maps and shall cause to be designated on such maps all natural oyster, clam and mussel beds lying within their several towns respectively, as the same are ascertained by the report of such committees so recorded in such towns, and the committee or selectmen who thereafter make any such designation shall mark the same upon such map.
(1949 Rev., S. 5073.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-260. - Selectmen of Milford and West Haven may prohibit the taking of clams.

The selectmen of the towns of West Haven and Milford may, from time to time as they deem expedient, prohibit the taking of long or soft-shell clams from such portions of the natural clam grounds of their respective towns as they shall from time to time designate, for a period not exceeding one year at a time. When said selectmen designate any place or places within their respective towns from which the taking of long or soft-shell clams is prohibited as aforesaid, the selectmen of the town of West Haven shall publish at least twice in some newspaper published in the city of New Haven, and the selectmen of the town of Milford shall publish at least twice in some newspaper published or having a circulation in the town of Milford, a notice describing the grounds upon which such prohibition is operative, and shall further describe the boundaries of such grounds by posting notices, signed by the selectmen of the town in which such grounds are situated, upon the shore adjacent to such grounds. No person shall take or have in his possession in either of said towns any long or soft-shell clams of less than one and one-half inches in length; and no person shall take any long or soft-shell clams from any grounds from which the taking of the same is prohibited as aforesaid, during the time of such prohibition. Any person who violates any provision of this section shall be fined not more than two hundred fifty dollars.
(1949 Rev., S. 5115; P.A. 12-80, S. 36.)
History: P.A. 12-80 replaced penalty of a fine of not more than $7 or imprisonment of not more than 30 days or both with a fine of not more than $250.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-261. - Taking of clams from Oyster River in West Haven and Milford.

Section 26-261 is repealed, effective October 1, 2002.
(1949 Rev., S. 5111; S.A. 02-12, S. 1.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-263 to 26-265. - Taking of clams from Gulf Pond in Milford. Dredging prohibited in New Haven harbor. Dredging in New Haven, Morris Creek and East Haven.

Sections 26-263 to 26-265, inclusive, are repealed, effective October 1, 2002.
(1949 Rev., S. 5106, 5107, 5112; P.A. 78-334, S. 16; S.A. 02-12, S. 1.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-267 to 26-270. - Branford and Farm Rivers. Branford or East Haven shores. Taking of clams from clam flats in and adjacent to the town of Branford. Taking of oysters and claims in Westbrook.

Sections 26-267 to 26-270, inclusive, are repealed, effective October 1, 2002.
(1949 Rev., S. 5103–5105; 1951, S. 2564d; 1961, P.A. 517, S. 27; P.A. 02-89, S. 90; S.A. 02-12, S. 1.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-271 to 26-275. - Powers of Guilford and Madison selectmen. Shellfisheries in Guilford. Restriction of powers of Guilford. Limitation of taking shellfish in Guilford and Madison. Dredging in waters.

Sections 26-271 to 26-275, inclusive, are repealed.
(1949 Rev., S. 5087, 5098–5101; 1959, P.A. 38; 1961, P.A. 517, S. 28; 1971, P.A. 872, S. 367; 1972, P.A. 52, S. 37; P.A. 74-183, S. 254, 291; P.A. 76-436, S. 218, 681; P.A. 86-225, S. 15.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-276. - Hammonasset River; limitation.

Except as otherwise provided, any person who, in any one day, takes, gathers or collects more than two bushels of oysters, clams, mussels or shells, from any portion of Hammonasset River not designated for planting shellfish, shall be fined not more than two hundred fifty dollars.
(1949 Rev., S. 5088; P.A. 12-80, S. 37.)
History: P.A. 12-80 replaced penalty of a fine of not more than $20 or imprisonment of not more than 60 days or both with a fine of not more than $250.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-277. - Clinton and Madison; special constables.

The towns of Clinton and Madison may appoint, at annual or special town meetings, two or more special constables, who may inspect and measure shellfish and shells taken by any person in one day from the portion of the Hammonasset River over which such constables have supervision, authority and control as provided in section 26-278, and may arrest, without warrant, within such portion of said river or within the town to which the officer making the arrest belongs, any person found violating section 26-276, or who has in his possession shellfish or shells taken, gathered or collected by him within said limits in violation of said section. Said towns shall respectively provide for the payment of such special constables as are appointed.
(1949 Rev., S. 5095.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-278. - Jurisdiction of special constables.

Such special constables and all informing officers of either of said towns shall inquire after and prosecute any violations of sections 26-276 and 26-277. For the purpose of enforcing the same, special constables, appointed as provided in section 26-277, shall have supervision, authority, control and jurisdiction over that part of Hammonasset River lying above a line running across said river at the mouth of Dudley's Creek, and perpendicular to the course of the river, and of offenses committed within said limits in the same way and to the same extent as though such portion of said river was within the town to which such officers belong, and the officers and authorities of the town of Clinton shall have supervision, authority, control and jurisdiction over the remaining portion of said Hammonasset River.
(1949 Rev., S. 5096; 1961, P.A. 517, S. 29.)
History: 1961 act deleted reference to jurisdictional powers of prosecuting grand jurors and trial justices in Clinton and Madison.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-279. - Madison; town rights.

Sections 26-276, 26-277 and 26-278 shall not in any way affect the rights of the town of Madison created by or claimed under the act establishing the line between the towns of Guilford and Killingworth, passed in December, 1790.
(1949 Rev., S. 5097.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-280. - Taking of shellfish at Saugatuck Shores in Westport.

No person shall take, remove or carry away shellfish of any kind from the shores, beaches and flats at “Saugatuck Shores”, so called, in the town of Westport, between June first and October first in each year, except under a written permit issued by the selectmen of said town or as authorized by the shellfish commission of the town of Westport, provided residents of the towns of Westport, Weston and Wilton may take, remove or carry away shellfish from the shores, beaches and flats between the westerly boundary of Sherwood Island Park and the mouth of the Saugatuck River without obtaining such a permit. Any other person desiring to take shellfish from said shores, beaches and flats shall make application to the police department of Westport on a form similar to that provided in connection with licenses or permits for fishing and such police department shall issue such number of permits and to such applicants as appear suitable and proper, and each permittee or licensee shall pay the sum of one dollar for such permit or license when issued to him and such license or permit, unless revoked for cause, shall continue in effect for the balance of the calendar year in which the same is issued. Any person who takes shellfish from said shores, beaches and flats in violation of the provisions hereof shall be fined not more than seventy-five dollars. The provisions of this section shall not be deemed to extend the jurisdiction of the selectmen or the shellfish commission of the town of Westport to any shores, beaches, or flats not within the jurisdiction of such selectmen or commission on or before October 1, 1983.
(1949 Rev., S. 5091; P.A. 83-236; P.A. 99-169, S. 4, 7; P.A. 09-173, S. 9.)
History: P.A. 83-236 gave the Westport Shellfish Commission authority over the taking of shellfish from Saugatuck Shores; P.A. 99-169 deleted residency as condition for eligibility to obtain a license under this section, effective June 23, 1999; P.A. 09-173 increased fine from $25 to $75 and deleted imprisonment penalty, effective July 1, 2009.
Cited. 231 C. 418.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-281 to 26-283. - Protection of clams and oysters in Fairfield. Taking of clams from Fairfield Beach. Clamming restricted in Mill River in Fairfield.

Sections 26-281 to 26-283, inclusive, are repealed.
(1949 Rev., S. 5076, 5109, 5113; P.A. 89-321, S. 11, 12.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-284. - Thames River oysters; limitation.

Any person who takes or carries away from the Thames River any oyster shells or seed oysters for the purpose of planting the same upon any private oyster bed, or who takes or carries away from said river, except from his own private bed or beds, more than ten bushels of oysters in any one day, shall be fined not more than two hundred fifty dollars.
(1949 Rev., S. 5108; P.A. 12-80, S. 38.)
History: P.A. 12-80 replaced penalty of a fine of not more than $7 or imprisonment of not more than 30 days or both with a fine of not more than $250.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-285. - Taking of oysters and clams in Old Lyme regulated.

Any person who takes any clams less than two inches in length or more than one-half bushel of clams, or more than one-half bushel of oysters except from an area designated for planting oysters, in any day in the town of Old Lyme shall be fined not more than two hundred fifty dollars.
(1949 Rev., S. 5089; 1957, P.A. 66; P.A. 12-80, S. 39.)
History: P.A. 12-80 replaced penalty of a fine of not more than $50 or imprisonment of not more than 30 days or both with a fine of not more than $250.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-286. - Taking oysters from the inland waters of East Lyme and Waterford.

Any person who takes any oysters from the inland waters of the towns of East Lyme and Waterford above the demarcation line during the months of June, July and August shall be fined not more than two hundred fifty dollars.
(1949 Rev., S. 5090; P.A. 12-80, S. 40.)
History: P.A. 12-80 replaced penalty of a fine of not less than $7 or more than $20 or imprisonment of not more than 30 days or both with a fine of not more than $250.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-288. - Escallops.

No person shall have in his possession any escallops other than adult escallops. For the purpose of this section, an adult escallop is defined as an escallop having a well-defined growth line. All seed escallops taken shall be immediately returned alive to waters having a depth of at least three feet at mean low tide, except that the selectmen of any town bordering on Long Island Sound may, on application, authorize such escallops to be removed and transplanted in waters along the sound. No person shall take any escallops from the first day of April to the first day of October or from sunset to sunrise, except that in the waters of Little Narragansett Bay no person shall take any escallops from the first day of April to the fifteenth day of September or from sunset to sunrise. No person shall use any rake, dredge, drag or other device which may be drawn along the surface of the bottom, except a device such as a scoop net which is attached to a pole and has an opening not more than sixteen inches wide and is used manually by the person engaged in taking escallops. No person shall open and return to the water the shell and entrails of any escallops after the eye or muscle has been removed, nor shall any starfish taken from the waters be returned thereto. Any person who violates any provision of this section shall be fined not more than two hundred fifty dollars.
(1949 Rev., S. 5092; September, 1950, S. 2566d; 1957, P.A. 32; P.A. 99-169, S. 5, 7; P.A. 12-80, S. 42.)
History: P.A. 99-169 deleted a restriction on nonresidents' ability to take escallops from waters of this state, effective June 23, 1999; P.A. 12-80 replaced penalty of a fine of not more than $50 or imprisonment of not more than 60 days or both with a fine of not more than $250.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-290. - Taking of escallops in Groton.

The town council of Groton may prohibit the taking of escallops from such portions of the waters of said town as they designate, for a period not exceeding one year at a time, and may designate the daily take of escallops from said waters not to exceed fifteen bushels per person or fifteen bushels per boat if more than one person is carried on said boat. When the council designates any place or places in said waters from which such taking is prohibited, they shall cause to be published, at least twice in a newspaper having a circulation in said town and at least ten days before such prohibition takes effect, a notice describing the place or places upon which and the period for which such prohibition is to be operative, and shall post copies of such notices, signed by the council, upon the shores adjacent to such places. No person shall, at any time, take escallops from said waters without having first obtained a permit issued by the council or any persons designated by it. Permits shall be issued for the taking of any amount up to the daily limit upon application and the payment of fifteen cents per bushel and shall be dated as of the day of issue or such other day during the open season as the applicant may designate. Permits shall be valid only for the day designated thereon. A season permit shall be issued by the council upon application and the payment of ten dollars and shall allow the taking of the daily limit for each day of the open season. The council shall designate special officers for the enforcement of this section, who shall receive compensation on a per diem basis. All moneys collected under the provisions of this section shall be used by the council for the protection, conservation and propagation of escallops and other shellfish in the town waters. Any person who violates any provision of this section shall be fined not more than two hundred fifty dollars and the court may order that a permit shall not be issued to such person to take escallops in the waters of the town of Groton for the remainder of the open season.
(1953, S. 2568d; P.A. 88-291, S. 4, 6; P.A. 12-80, S. 43.)
History: P.A. 88-291 changed references to “selectmen” to “council”; P.A. 12-80 replaced penalty of a fine of not more than $50 or imprisonment of not more than 60 days or both with a fine of not more than $250.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-291a. - Taking of clams and oysters in Stonington.

(a) The board of selectmen in the town of Stonington may prohibit the taking of clams and oysters from such portions of the town waters as it designates from time to time, for a period not exceeding one year at a time, and may designate the manner in which clams and oysters may be taken and the size and the amount and may provide for licenses for such taking and, in connection therewith, adopt reasonable regulations and fix license and permit fees. When said board designates any place or places in said town waters from which the taking of oysters and clams is to be prohibited or designates a changed manner in which clams and oysters may or may not be taken, or adopts, rescinds or amends any regulation or license or permit fee, it shall cause to be published, in a newspaper having a circulation in said town, a notice describing the place or places upon which such prohibition is to be operative or the manner in which oysters or clams may or may not be taken, or the regulation, license or permit fee adopted, rescinded or amended, and shall post copies of such notices upon the shores of the town waters. No person shall take any oysters or clams from any grounds from which the taking of the same has been prohibited during the time of such prohibition nor in any manner in violation of any such designation or regulation.
(b) Said board of selectmen may designate special officers for the enforcement of this section, whose compensation shall be determined by the board of selectmen. All moneys collected under the provisions of this section shall be paid to the board of selectmen and used by it for protection and propagation of escallops, oysters and clams and other shellfish in the waters of the town of Stonington.
(c) Any person who violates any provision of this section or any regulation adopted pursuant to this section shall be fined not more than two hundred fifty dollars, and upon conviction the court may order that a permit shall not be issued to such person to take clams or oysters from the waters of the town of Stonington for one year.
(1959, P.A. 53, S. 1; P.A. 12-80, S. 44.)
History: P.A. 12-80 amended Subsec. (c) to replace penalty of a fine of not more than $25 or imprisonment of not more than 30 days or both with a fine of not more than $250.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-292. - Taking of escallops in the waters of Stonington.

The board of selectmen of the town of Stonington may prohibit the taking of escallops from such portions of the waters of said town as they designate, for a period not exceeding one year at a time, and may designate the daily take of escallops from said waters not to exceed fifteen bushels per person or fifteen bushels per boat if more than one person is carried on such boat. When said selectmen designate any place or places in said waters from which such taking is prohibited, they shall cause to be published, at least twice in a newspaper having a circulation in said town and at least ten days before such prohibition takes effect, a notice describing the place or places upon which and the period for which such prohibition is to be operative and shall post copies of such notices, signed by said selectmen, upon the shores adjacent to such places. No person shall, at any time, take escallops from said waters without having first obtained a permit issued by the selectmen or any persons designated by them. Permits shall be issued for the taking of any amount up to the daily limit upon application and the payment of a fee per bushel established by the selectmen but not more than six dollars and shall be dated as of the day of issue or such other day during the open season as the applicant may designate. Permits shall be valid only for the day designated thereon. A season permit shall be issued by the selectmen upon application and the payment of a fee established by the selectmen but not more than sixty dollars and shall allow the taking of the daily limit for each day of the open season. The selectmen shall designate special officers for the enforcement of this section, who shall receive compensation on a per diem basis. All moneys collected under the provisions of this section shall be used by the selectmen for the protection, conservation and propagation of escallops and other shellfish in the town waters. Any person who violates any provision of this section shall be fined not more than two hundred fifty dollars and the court may order that a permit shall not be issued to such person to take escallops in the waters of the town of Stonington for the remainder of the open season.
(1951, 1953, S. 2563d; 1967, P.A. 74; P.A. 88-291, S. 5, 6; P.A. 12-80, S. 45.)
History: 1967 act replaced previous fee of $0.15 per bushel with a fee to be established by selectmen but not to exceed $0.50 per bushel; P.A. 88-291 changed the maximum fee per bushel from $0.50 to $6 and changed the fee for a season permit from $10 to a “fee established by the selectmen” but not more than $60; P.A. 12-80 replaced penalty of a fine of not more than $50 or imprisonment of not more than 60 days or both with a fine of not more than $250.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-292a. - Cockenoe Flats shellfish grounds, Westport. Jurisdiction. Recreational clamming permits.

Jurisdiction of shellfish grounds known as Cockenoe Flats in the town of Westport shall be transferred from the state of Connecticut to the town of Westport and the Westport Shellfish Commission shall have jurisdiction over recreational clamming in said shellfish grounds and the ability to issue recreational clamming permits for the use of said grounds by all state residents.
(P.A. 07-74, S. 4.)
History: P.A. 07-74 effective May 30, 2007.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-292b. - Hand-harvesting horseshoe crabs in the town of Stratford. Prohibition. Violation.

(a) No person shall engage in the hand-harvest of horseshoe crabs from any area of the shoreline located in the town of Stratford between Stratford Point and Sniffen Point.
(b) Any person who violates the provisions of subsection (a) of this section shall have committed an infraction.
(P.A. 18-112, S. 1.)
History: P.A. 18-112 effective June 7, 2018.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 492 - Local Shellfisheries › Section 26-292c. - Recommendations for horseshoe crab taking restricted areas.

Not later than January 1, 2020, the Commissioner of Energy and Environmental Protection shall submit recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on the establishment of any restricted areas for the taking of horseshoe crabs in the state and any changes to the season for the taking of horseshoe crabs in the state for the purpose of preserving the horseshoe crab population in the state.
(P.A. 18-112, S. 2.)
History: P.A. 18-112 effective June 7, 2018.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 493 - The Atlantic States Marine Fisheries Commission › Section 26-296. - Joint regulation of specific fisheries.

(a) The state of Connecticut hereby enters into an amendment of the Atlantic States Marine Fisheries Compact with any one or more of the states of Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida or such other states as may become party to that compact for the purpose of permitting the states that ratify this amendment to establish joint regulation of specific fisheries common to those states through the Atlantic States Marine Fisheries Commission and their representatives on that body. Notice of intention to withdraw from this amendment shall be executed and transmitted by the Governor and shall be in accordance with Article XII of the Atlantic States Marine Fisheries Compact and shall be effective as to this state with those states which similarly ratify this amendment. This amendment shall take effect as to this state with respect to such other of the aforesaid states as take similar action.
(b) The states consenting to this amendment agree that any two or more of them may designate the Atlantic States Marine Fisheries Commission as a joint regulatory agency with such powers as they may jointly confer from time to time for the regulation of the fishing operations of the citizens and vessels of such designating states with respect to specific fisheries in which such states have a common interest. The representatives of such states on the Atlantic States Marine Fisheries Commission shall constitute a separate section of such commission for the exercise of the additional powers so granted provided that the states so acting shall appropriate additional funds for this purpose. The creation of such section as a joint regulatory agency shall not deprive the states participating therein of any of their privileges or powers or responsibilities in the Atlantic States Marine Fisheries Commission under the general compact.
(1951, S. 1954d, 1955d.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 493 - The Atlantic States Marine Fisheries Commission › Section 26-297. - Members.

In pursuance of Article III of said compact there shall be three members, hereinafter called commissioners, of the Atlantic States Marine Fisheries Commission, hereinafter called commission, from the state of Connecticut. The first commissioner from the state of Connecticut shall be the Commissioner of Energy and Environmental Protection, ex officio. The second commissioner from the state of Connecticut shall be a legislator and a member of the Commission on Intergovernmental Cooperation of the state of Connecticut, ex officio, designated by said commission, and the term of any such ex-officio commissioner shall terminate at the time he ceases to hold said legislative office or said office as commissioner on intergovernmental cooperation, and his successor as commissioner shall be named in like manner. The Governor shall appoint a citizen as a third commissioner who shall have a knowledge of and interest in the marine fisheries problem. The term of said commissioner shall be three years and he shall hold office until his successor is appointed and has qualified. Vacancies occurring in the office of such commissioner from any reason or cause shall be filled by appointment by the Governor for the unexpired term. The Commissioner of Energy and Environmental Protection as ex-officio commissioner may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute at any meeting of or hearing by or other proceeding of the commission. Any commissioner may be removed from office by the Governor upon charges and after a hearing.
(1949 Rev., S. 3560; 1971, P.A. 872, S. 368; P.A. 11-80, S. 1.)
History: 1971 act replaced chairman of the state board of fisheries and game with commissioner of environmental protection as first commissioner from state; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 493 - The Atlantic States Marine Fisheries Commission › Section 26-299. - Powers to be additional.

Any powers herein granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the state of Connecticut or by the laws of the states of Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida or by the Congress or the terms of said compact.
(1949 Rev., S. 3562.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 493 - The Atlantic States Marine Fisheries Commission › Section 26-300. - Appropriation for expenses.

The Department of Energy and Environmental Protection shall include in its budget the estimate of funds required by the Atlantic States Marine Fisheries Commission, shall account for and disburse funds appropriated to its use and shall include in its report a record of its activities.
(1949 Rev., S. 3564; P.A. 93-256, S. 1, 6; P.A. 11-80, S. 1.)
History: P.A. 93-256 transferred budgetary responsibility for funds required by the Atlantic States Marine Fisheries Commission from the commission on intergovernmental cooperation to the department of environmental protection, effective July 1, 1993; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 493 - The Atlantic States Marine Fisheries Commission › Section 26-301. - Accounts.

The commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the legislature of the state of Connecticut on or before the tenth day of December in each year, setting forth in detail the transactions conducted by it during the twelve months preceding December first of that year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the state of Connecticut which may be necessary to carry out the intent and purposes of the compact between the signatory states. The Comptroller of the state of Connecticut is hereby authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts, disbursements and such other items referring to its financial standing as such Comptroller may deem proper and to report the results of such examination to the Governor of said state.
(1949 Rev., S. 3563.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 495 - Endangered Species › Section 26-303. - Findings. Policy.

The General Assembly finds that certain species of wildlife and plants have been rendered extinct as a consequence of man's activities and that other species of wildlife and plants are in danger of or threatened with extinction or have been otherwise reduced or may become extinct or reduced because of destruction, modification or severe curtailment of their habitats, exploitation for commercial, scientific, educational, or private use or because of disease, predation or other factors; that such species are of ecological, scientific, educational, historical, economic, recreational and aesthetic value to the people of the state, and that the conservation, protection and enhancement of such species and their habitats are of state-wide concern. Therefore the General Assembly declares it is a policy of the state to conserve, protect, restore and enhance any endangered or threatened species and essential habitat.
(P.A. 89-224, S. 1, 22.)