reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-169. - Nets and seines prohibited in Darien, Stamford and Greenwich.

No person shall draw, set or use any net, seine, pound net or set net in any of the waters of Long Island Sound or in any creek or tributary thereof lying north and west of a line drawn from the southeasterly point of Hay Island in the town of Darien to the southeasterly point of Indian Rocks and thence to the southeasterly point of Great Island in said town. No person shall draw, set or use any net, seine, pound net or fyke or set net in any of the waters of Long Island Sound or in any river or creek or tributary thereof lying north of a line drawn from the extreme southerly end of Collender's or Long Neck Point in the town of Darien to the extreme southerly end of Greenwich Point in the town of Greenwich, except in fishing for killies, shiners or shrimp with a net or seine not exceeding thirty feet in length, or in fishing for menhaden for personal use with a seine or gill net.
(1949 Rev., S. 4982; P.A. 99-266, S. 3.)
History: P.A. 99-266 limited the exemption from this section for menhaden fishing to personal use, deleted a mesh size restriction on permitted seines used to take menhaden and authorized menhaden fishing with gill nets.
Cited. 318 U.S. 150.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-170. - Use of seine in Norwalk Harbor.

No person shall draw a seine with a mesh less than one and one-half inches square in the water known as Norwalk Harbor or in any waters adjacent to said harbor northerly of a line drawn from Sprite Island to a point opposite the mouth of Five Mile River.
(1949 Rev., S. 4983.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-171. - Taking smelt in Greenwich.

No person shall take any smelt in any of the waters of Long Island Sound, or in any river or creek or tributary thereof lying north and east of a line drawn from the southwest end of J. Kennedy Tod's Point to what is known as W. M. Ritch's Dock in Byram Harbor, in the town of Greenwich, otherwise than with a hook and line.
(1949 Rev., S. 4984.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-172 and 26-173. - Drag nets along shores of Long Island Sound and Fishers Island Sound. Weirs and pounds.

Sections 26-172 and 26-173 are repealed.
(1949 Rev., S. 4986, 4987; P.A. 80-164, S. 4, 5.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-174. - Pawcatuck River.

No person shall erect or continue any pound or weir upon any flat or other part of the bottom of the Pawcatuck River eastward or westward of its channel, between the first day of June and the twentieth day of March, or shall erect or continue any stationary net or like obstruction to the main channel of said river. No person shall fish with mesh or scoop nets in Pawcatuck River, or any of its branches, between sunset on Friday and sunrise on Monday from March twentieth to June first; and no person shall use more than one net therein.
(1949 Rev., S. 4988.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-175. - Long Beach and Penfield Reef.

No person shall draw, set or use any net, seine, pound net, fyke net or set net in any waters of Long Island Sound or any creek or tributary thereof, lying north of a line drawn from the breakwater on what is known as Long Beach to the Penfield Reef lighthouse, and thence along said Penfield Reef to the shore or mainland in the town of Fairfield.
(1949 Rev., S. 4989.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-176. - Restrictions on type of fishing at certain points on Connecticut, Mystic and Thames Rivers, Niantic Bay and North Cove in Old Saybrook.

No person shall take or attempt to take any fish from the waters of the Thames River or Niantic Bay above the bridges of the Penn-Central Railroad Company or from the waters of the Mystic River or from the waters of the Connecticut River easterly of a straight line extending northerly from the westerly tip of Griswold Spit to the easterly abutment of the bridge of the Penn-Central Railroad Company over the Connecticut River in the town of Old Lyme, by means of any otter or beam trawl or any device of a similar nature, or by use of any gill net and no person shall take or attempt to take any fish from the waters of North Cove in Old Saybrook by means of any otter or beam trawl or any similar device.
(1949 Rev., S. 4990; P.A. 74-134, S. 1, 2.)
History: P.A. 74-134 substituted Penn-Central Railroad Company for New York, New Haven and Hartford Railroad Company and prohibited use of otter or beam trawl and similar devices in waters of North Cove, Old Saybrook.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-177. - Mystic River.

No person shall draw any seine in the Mystic River north of a line running due east from the lighthouse in Groton, from April fifteenth to November first. No person shall draw or assist in drawing any seine for the purpose of taking fish in said river north of the upper bridge, known as Mystic Bridge, or in the waters of Stonington above the railroad bridge. No person shall catch smelt in said river or its tributaries except with hook and line.
(1949 Rev., S. 4991.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-179. - Taking smelt in Groton.

No person shall take or assist in taking or attempt to take any smelt from the waters of Palmer's Cove, Poquonock River or Baker's Cove, or their tributaries, in the town of Groton, by means of a net, seine or trap.
(1949 Rev., S. 4992.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-180. - Milford Harbor.

No person shall draw, set or use any net, seine, pound net, fyke net or set net in the waters known as Milford Harbor, north of a line drawn from Welch's Lane on the east shore to the northeasterly point of Charles' Island and then in a northwesterly direction to the westerly end of the bridge or trestle crossing Great Creek in the town of Milford, from August first to November first, both inclusive. Nothing herein shall prohibit the catching of menhaden or the taking of eels, crabs or bait fish in nets.
(1949 Rev., S. 4994.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-182. - Wright's Cove.

No person shall draw, set or use any net, seine, fyke net or set net in the waters of Wright's Cove in the town of Portland between June first and March first, both inclusive.
(1949 Rev., S. 4996.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-183. - Use of nets in Long Island Sound adjacent to Stratford.

No person shall draw, set or use any net, seine, pound net, fyke net or set net in any of the waters of Long Island Sound adjacent to the town of Stratford and within three hundred feet of the high water mark, nor in any creek or tributary thereof, from the southerly side of the Bridgeport airport canal, thence southerly along the shore line at Short Beach and along the shore line to Stratford Point lighthouse, so called, and thence westerly along said shore line to the boundary line between the town of Stratford and the city of Bridgeport. No provision of this subsection shall prohibit the catching of menhaden or the taking of eels, crabs or bait fish in nets, as authorized by statute.
(1949 Rev., S. 4997; P.A. 79-137; P.A. 85-434, S. 4, 6.)
History: P.A. 79-137 added Subsec. (b) prohibiting use of otter trawl in certain Long Island Sound waters from one hour after sunset to one hour before sunrise; P.A. 85-434 deleted Subsec. (b) which had prohibited operation of an otter trawl.
Former Subsec. (b) cited. 9 CA 228.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-184. - Use of nets in Keney Cove.

No person shall draw, set or use any net in the waters of Keney Cove in the towns of Glastonbury and East Hartford between April fifteenth and November first or between December first and March fifteenth. Between March fifteenth and April fifteenth and between November first and December first, no net except a two and one-half inch mesh net shall be used in the waters of said cove.
(1949, S. 2511d.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-185. - Use of trawls in the Poquonock River.

No person shall take or attempt to take any fish from the Poquonock River in the town of Groton at any time by means of any beam or otter trawl or device of a similar nature, north of a line drawn from the westerly end of Pine Island to the west side of Avery Point.
(1949 S. 2512d.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-186. - Penalties.

Any person who violates any provision of this part for which no other penalty is provided shall (1) for a first offense, be fined not more than two hundred fifty dollars, and (2) for any subsequent offense, be guilty of a class D misdemeanor, and each fish or crustacean taken or possessed in violation of any provision of said sections shall constitute a separate offense, except that any person who violates any provision of section 26-154 or 26-155 shall be guilty of a class D misdemeanor, and each fish or crustacean taken or possessed in violation of any provision of said sections shall constitute a separate offense.
(1949 Rev., S. 4998; P.A. 75-567, S. 52, 80; P.A. 01-115, S. 3, 5; P.A. 02-50, S. 3; P.A. 12-80, S. 152; P.A. 13-83, S. 8.)
History: P.A. 75-567 substituted “this part” for specifically listed sections; P.A. 01-115 changed fine from $50 to $100, effective July 1, 2001; P.A. 02-50 increased fine to $250; P.A. 12-80 replaced penalty of a fine of not more $250 or imprisonment of not more than 30 days or both with penalty of a fine of not more than $250 for first offense and a class D misdemeanor for subsequent offense, inserted Subdiv. designators (1) and (2) and added exception re person who violates Sec. 26-143a, 26-154 or 26-155 is guilty of a class D misdemeanor and each fish or crustacean taken or possessed constitutes separate offense; P.A. 13-83 deleted reference to Sec. 26-143a, effective October 1, 2014.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 490 - Fisheries and Game › Section 26-186a. - Effect of license suspension on other licenses, permits or registrations and on right to obtain them.

Upon suspension of a license, permit or registration issued by the Commissioner of Energy and Environmental Protection pursuant to this chapter or the right to obtain such license, permit or registration, all other licenses, permits or registrations and the right to obtain such licenses, permits or registrations issued to a person pursuant to this chapter may be suspended.
(P.A. 82-255, S. 5; P.A. 11-80, S. 1.)
History: 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 491 - State Shellfisheries › Section 26-187 to 26-191. - Commissioners; appointment; report. Compensation of shellfish commissioners. Office; clerk; expenses. Engineer; employment. Use of shellfisheries boat.

Sections 26-187 to 26-191, inclusive, are repealed.
(1949 Rev., S. 3591; 5021–5024; June, 1955, S. 2555d; 1957, P.A. 21; 346, S. 1; September, 1957, P.A. 11, S. 13; 1959, P.A. 95, S. 1; February, 1965, P.A. 574, S. 32; 1971, P.A. 872, S. 152.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-192. - Exclusive jurisdiction of state.

The state shall exercise jurisdiction and control over all shellfisheries which are located in that area of the state described in section 3294 of the general statutes, revision of 1918; and the Commissioner of Agriculture shall prepare a map of such area and shall keep the same on file for public inspection in his office. All shellfisheries not within said area, except as provided in section 26-257, shall be within the jurisdiction and control of the towns in which they are located. If a difference arises between any town and the commissioner as to the boundary line between such town and said area, such town, by its selectmen, may bring its petition to the superior court for the judicial district within which such town is situated, to determine such boundary line, and said court, upon a reasonable notice to the parties, shall hear such petition and appoint a committee to ascertain the facts in such case and report the same to said court, and said court shall thereupon make such order as may be proper in the premises; the landmarks referred to herein and the locations thereof being as the same existed and were known on April 26, 1882.
(1949 Rev., S. 5025; 1959, P.A. 95, S. 2; 1971, P.A. 870, S. 81; 872, S. 331; 1972, P.A. 52, S. 1; P.A. 76-436, S. 602, 681; P.A. 78-280, S. 1, 127; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: 1959 act deleted reference to New Haven as location of shellfish commissioners' office; 1971 acts replaced superior court with court of common pleas, 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 commissioner of environmental protection; 1972 act replaced commissioner of environmental protection 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; P.A. 78-280 deleted reference to counties; 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.
All lands southerly of this line are in the exclusive jurisdiction of commissioners. 52 C. 61; 62 C. 50; 66 C. 289.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-192a. - Lead agency.

The Department of Agriculture shall be the lead agency on shellfish in Connecticut. The department: (1) Shall coordinate the activities of other state agencies with regard to shellfish; (2) shall act as a liaison on shellfish matters between the state and municipalities, including local shellfish commissions; (3) shall take steps necessary to ensure compliance with federal standards for the shellfish sanitation program and compliance with the National Shellfish Sanitation Program Model Ordinance, as amended from time to time; (4) may, in conjunction with the Department of Public Health, enter into agreements with municipalities to utilize available municipal resources for monitoring and testing; and (5) shall encourage depuration.
(P.A. 89-321, S. 1, 12; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; 04-223, S. 1.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with 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; P.A. 04-223 added reference to Model Ordinance, as amended from time to time, effective July 1, 2004.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-192b. - Standards for shellfish testing.

Notwithstanding the provisions of subsection (a) of section 19a-29a, the Department of Agriculture shall promulgate health standards for shellfish testing and shall approve private laboratories to perform shellfish testing. Such health standards for shellfish testing shall incorporate by reference the provisions of the National Shellfish Sanitation Program Model Ordinance, as amended from time to time.
(P.A. 89-321, S. 3, 12; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; 04-223, S. 2.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with 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; P.A. 04-223 deleted provision re Department of Public Health recommendation, required Department of Agriculture, notwithstanding Sec. 19a-27a(a), to promulgate health standards for shellfish testing and required such standards to incorporate by reference the provisions of the National Shellfish Sanitation Program Model Ordinance, as amended from time to time, effective July 1, 2004.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-192d. (Formerly Sec. 19a-97). - Appeals from orders, suspension or revocation of a license.

Any person, firm or corporation aggrieved by any order, suspension or revocation of a license made under the provisions of sections 26-192c to 26-192i, inclusive, may appeal therefrom in accordance with section 4-183, except venue for such appeal shall be in the judicial district in which the business or residence of such person, firm or corporation is located.
(1949 Rev., S. 4187; 1971, P.A. 870, S. 108; P.A. 76-436, S. 379, 681; P.A. 77-603, S. 48, 125; P.A. 78-280, S. 1, 127; P.A. 85-313, S. 2.)
History: 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous appeal provisions with statement that appeals be in accordance with Sec. 4-183 but retained venue and precedence in order of trial as before; P.A. 78-280 deleted reference to counties; Sec. 19-54 transferred to Sec. 19a-97 in 1983; P.A. 85-313 substituted “license” for “certificate” and authorized an appeal for license suspension; Sec. 19a-97 transferred to Sec. 26-192d in 1991.
See Sec. 26-192i for definition of “shellfish”.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-192g. (Formerly Sec. 19a-100). - Enforcement.

The provisions of sections 26-192e and 26-192f relating to the unauthorized taking of shellfish in contaminated and posted areas shall be enforced by local directors of health. Local police departments and the state shellfish police shall assist to effectively prevent the harvesting of shellfish in classified areas which are closed to shellfishing when requested by a local director of health.
(1949 Rev., S. 4191; P.A. 76-84, S. 4; P.A. 89-321, S. 7, 12.)
History: P.A. 76-84 removed reference to Sec. 19-56 and required assistance in enforcement by local police and state shellfish police when requested by local health directors; Sec. 19-58 transferred to Sec. 19a-100 in 1983; P.A. 89-321 made technical changes related to the transfer of authority for the regulation of shellfishing from the department of health services to the department of agriculture; Sec. 19a-100 transferred to Sec. 26-192g in 1991.
See Sec. 26-192i for definition of “shellfish”.
See Sec. 26-206 re shellfish police.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-192h. (Formerly Sec. 19a-101). - License for the taking of shellfish from closed areas for certain purposes.

Shellfish may be taken by commercial harvesters from areas classified as conditional-closed, restricted, or conditionally restricted when they are removed for transplanting, relay, including seed oyster harvesting, depuration or depletion from prohibited areas under licenses issued by the Department of Agriculture and under supervision of the department and local health agencies having jurisdiction, provided said licensee shall notify the designated local enforcement agency of the intended commencement, probable duration and termination of harvesting within that jurisdiction and shall be limited to quantities as may be established by a shellfish management plan reviewed by the Department of Agriculture and adopted by the local shellfish commission or other local agency having jurisdiction over the shellfish. The issuance of licenses by the Department of Agriculture shall not prohibit any town, city or borough from control of harvesting operations in approved areas or conditionally or temporarily closed areas on the basis of residence, quantity or size of shellfish harvested from specific areas, or time of harvesting, or nullify any state law controlling such operations on the basis of residence, quantity or size of shellfish harvested, or time of harvesting.
(1949 Rev., S. 4192; P.A. 77-614, S. 323, 610; P.A. 82-334, S. 1; P.A. 89-321, S. 8, 12; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 82-334 amended section to authorize commercial harvesters to remove shellfish in limited quantities from permanently closed areas upon notice to the local shellfish commission and allowed local control of open areas or conditionally or temporarily closed areas; Sec. 19-59 transferred to Sec. 19a-101 in 1983; P.A. 89-321 made technical changes related to the classification system and the transfer of authority for the regulation of shellfishing from the department of health services to the department of agriculture; Sec. 19a-101 transferred to Sec. 26-192h in 1991; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with 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.
See Sec. 26-192i for definition of “shellfish”.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-192i. (Formerly Sec. 19a-95). - Shellfish; definition.

When used in sections 26-192c to 26-192h, inclusive, the term “shellfish” means mussels, oysters, all varieties of clams and whole and roe-on scallops, but does not include scallops if the final product is the shucked adductor muscle only.
(1949 Rev., S. 4185; P.A. 97-32, S. 1.)
History: Sec. 19-52 transferred to Sec. 19a-95 in 1983; Sec. 19a-95 transferred to Sec. 26-192i in 1991; P.A. 97-32 added whole and roe-on scallops to definition of “shellfish” except where final product is shucked adductor muscle only.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-192j. - Pollution which affects shellfish grounds. Liability to municipal shellfish commission.

(a) The Commissioner of Agriculture may investigate any suspected or actual spill, as defined in section 22a-452c, which may threaten any shellfish grounds. The commissioner may monitor any such suspected or actual spill and may provide for any testing to determine the extent of any impact of such a spill on shellfish in the area. The person responsible for such spill shall be liable, in accordance with the provisions of section 22a-6a, for the reasonable costs and expenses of the commissioner incurred pursuant to this section.
(b) Upon written complaint by the Commissioner of Agriculture that there exists an impairment or threat to the marketability of shellfish due to any such spill, the Commissioner of Energy and Environmental Protection shall investigate or order the person who caused or reasonably may be expected to cause such spill to investigate all points of existing or potential spills which may directly or indirectly result in contamination of shellfish and may order such person to abate such spill in accordance with the provisions of section 22a-432.
(c) If any such spill results in the closure of a recreational shellfish bed or harvesting area, the person responsible for such spill, as determined by the Commissioner of Energy and Environmental Protection, shall be liable to any municipal shellfish commission which has jurisdiction over such bed or area for any loss of revenue attributable to fees which would have been paid to such commission by recreational users of such bed or area. The Attorney General, upon complaint of the commission, may institute a civil action to recover such revenue. Any amount recovered shall be returned to the commission.
(P.A. 95-156, S. 2; P.A. 96-180, S. 131, 166; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 11-80, S. 1.)
History: P.A. 96-180 amended Subsec. (a) to change “discharge” to “spill”, 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; 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 491 - State Shellfisheries › Section 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 Energy and Environmental Protection of such relay. The harvester shall provide all information required by the Department of Agriculture regarding shellfish relays to the Department of Energy and 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 Energy and 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; P.A. 11-80, 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; 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 491 - State Shellfisheries › Section 26-192l. - Department of Agriculture's shellfish research and survey vessel.

The Department of Agriculture's dedicated vessel, used for the research and survey of shellfish populations in Long Island Sound and docked at the Bureau of Aquaculture office in Milford, shall be named the “John H. Volk” for a period of no less than twenty years. If said vessel is removed from state service, the next most prominent vessel by size and use docked at the Bureau of Aquaculture in Milford shall be named the “John H. Volk” until such time that a larger and more prominent research vessel is acquired for such research and survey purposes.
(P.A. 09-91, S. 1.)
History: P.A. 09-91 effective June 2, 2009.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-192m. - Aquaculture Advisory Council. Membership. Duties. Annual report.

Section 26-192m is repealed, effective May 23, 2022.
(June Sp. Sess. P.A. 15-5, S. 116; P.A. 22-54, S. 7.)
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-193. - Natural oyster beds: Map on file.

The locations and descriptions of the natural oyster beds respectively under state jurisdiction shall remain as established and as set forth in section 3295 of the general statutes, revision of 1918 with the addition of those portions of former franchise lots one and nineteen consisting of eighty-four acres, more or less, and more particularly described as follows: Beginning at the intersection of the Milford-Stratford town line and the state jurisdiction line, thence thirty-eight degrees east north east to the outer breakwater, thence along the outer breakwater, three hundred and ten degrees north north west to the southern boundary line of the existing natural bed, as described in section 3295 of the general statutes, revision of 1918, thence two hundred and ten degrees westerly along said boundary line to the Milford-Stratford town line, thence south to the point of origin. The Commissioner of Agriculture shall keep a map of such oyster beds on file for public inspection in his office.
(1949 Rev., S. 5026; 1959, P.A. 95, S. 3; 1971, P.A. 872, S. 332; 1972, P.A. 52, S. 2; P.A. 74-122, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: 1959 act deleted reference to New Haven as location of shellfish commissioners' office; 1971 act replaced reference to clerk of shellfisheries with reference to commissioner of environmental protection; 1972 act replaced environmental protection commissioner with commissioner of agriculture; P.A. 74-122 specified additions to oyster beds under state jurisdiction; 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.
Only method of proving bed to be a natural oyster bed is by showing it to be within the limits designated. 62 C. 50, but see 66 C. 285. Effect of court's locating natural ground under former law. 89 C. 10.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 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.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 26-194b. - Lease of shellfish parcels for use by nonprofit education or conservation organizations.

Notwithstanding any provision of the general statutes, the Commissioner of Agriculture may designate one or more suitable shellfish parcels for the use of one or more nonprofit education or conservation organizations for the purpose of developing an aquaculture site for an environmental education curriculum. Any such parcel may not be designated to or shared with another person or entity and may not be more than one-half acre in total area.
(P.A. 18-73, S. 2.)
History: P.A. 18-73 effective June 4, 2018.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 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.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 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.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 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.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 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 $25 to $35; 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.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 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.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 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.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 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.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 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.
2023 Connecticut General Statutes › Title 26 - Fisheries and Game › Chapter 491 - State Shellfisheries › Section 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.)