Connecticut General Statutes
Chapter 491 - State Shellfisheries
Section 26-192c. (Formerly Sec. 19a-96). - Inspection and regulations concerning shellfish. License.

(a) The Department of Agriculture may inspect shellfish beds and areas in this state where shellfish are grown or harvested, all boats, tools and appliances used in the production and preparation of shellfish and all wharves or buildings where shellfish are stored, transferred, opened, packed or prepared for sale or shipment. The Department of Agriculture may adopt regulations, in accordance with the provisions of chapter 54, after consultation with the Department of Public Health, for the sanitary growth, production, purification and preparation of shellfish. Such regulations shall incorporate by reference the provisions of the National Shellfish Sanitation Program Model Ordinance, as amended from time to time. Each commercial harvester, producer or shipper of shellfish shall obtain from said department a license on which shall be stated information regarding the identification of the license holder and any conditions pertaining to the character of such licensee's shellfish operations. Said department may establish a fee for each type of shellfish license it issues. The department may require that shellfish shipments be tagged or containers marked to identify the shipper by name and location and the source of the shipment and furnish such other pertinent information as may apply. Any license granted under the authority of this section may be revoked by said department for cause, after notification and hearing. No person, firm or corporation shall make any shipments or deliveries of shellfish after the license of such person, firm or corporation has been suspended or revoked. Any license may be suspended pending revocation proceedings, or amended, if shellfishing operations or harvesting areas are a public health hazard or if the licensee has violated any provision of this section, section 26-192e, 26-192f or 26-192h or any applicable department regulation or any section of the Public Health Code concerning shellfishing. The department may refuse to issue a license if the applicant has violated any provision of this section, section 26-192e, 26-192f or 26-192h or any applicable department regulation or any section of the public health code concerning shellfish.

(b) The Department of Agriculture may delegate its licensing authority pursuant to this section and sections 26-192f and 26-192h to other state agencies and to local agencies.
(1949 Rev., S. 4186; P.A. 77-614, S. 323, 610; P.A. 85-313, S. 1; 85-613, S. 123; P.A. 89-321, S. 4, 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. 3.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-53 transferred to Sec. 19a-96 in 1983; P.A. 85-313 expanded the department's authority to inspect shellfish from those areas where shellfish are grown for market to all areas and to buildings where shellfish are stored or transferred, authorized regulations re purification, permitted license suspension where there is a public health hazard or for violation of shellfish laws and regulations and substituted “license” for “certificate” throughout; P.A. 85-613 made technical changes; P.A. 89-321 transferred authority for inspection, regulation and licensing from department of health services to department of agriculture, made technical changes and added Subsec. (b) re delegation of authority; Sec. 19a-96 transferred to Sec. 26-192c in 1991; 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 amended Subsec. (a) to make technical changes and require regulations to incorporate by reference the provisions of the National Shellfish Sanitation Program Model Ordinance, as amended from time to time, effective July 1, 2004.
See Sec. 26-192i for definition of “shellfish”.

Structure Connecticut General Statutes

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.

Section 26-192. - Exclusive jurisdiction of state.

Section 26-192a. - Lead agency.

Section 26-192b. - Standards for shellfish testing.

Section 26-192c. (Formerly Sec. 19a-96). - Inspection and regulations concerning shellfish. License.

Section 26-192d. (Formerly Sec. 19a-97). - Appeals from orders, suspension or revocation of a license.

Section 26-192e. (Formerly Sec. 19a-98). - Classification of coastal waters, shores and tidal flats for the taking of shellfish.

Section 26-192f. (Formerly Sec. 19a-99). - Penalties.

Section 26-192g. (Formerly Sec. 19a-100). - Enforcement.

Section 26-192h. (Formerly Sec. 19a-101). - License for the taking of shellfish from closed areas for certain purposes.

Section 26-192i. (Formerly Sec. 19a-95). - Shellfish; definition.

Section 26-192j. - Pollution which affects shellfish grounds. Liability to municipal shellfish commission.

Section 26-192k. - Shellfish relay from restricted relay grounds. Tag identification information confidential. Code re harvest location.

Section 26-192l. - Department of Agriculture's shellfish research and survey vessel.

Section 26-192m. - Aquaculture Advisory Council. Membership. Duties. Annual report.

Section 26-193. - Natural oyster beds: Map on file.

Section 26-194. - Leasing of shellfish grounds. Fee. Utility lines and public use structures. Shellfish removal or relocation costs. Annual host payments for Long Island Sound crossings. Deposit of fee proceeds. Designation of shellfish areas to regi...

Section 26-194a. - Lease of a state shellfish bed to a municipality for recreational shellfishing. Fees.

Section 26-194b. - Lease of shellfish parcels for use by nonprofit education or conservation organizations.

Section 26-195. - State ground; determination of disputed boundaries.

Section 26-196. - Determination of disputed boundaries in other cases.

Section 26-197. - Commissioners' fees on hearings.

Section 26-198. - Fees for recording or copying.

Section 26-199. - Recording of transfers.

Section 26-200. - Survey and staking; maps; fee.

Section 26-201. - Release to the state.

Section 26-202. - Leasing beacon ground.

Section 26-203. - Buoying of certain natural beds.

Section 26-204. - Grant of right to plant or cultivate shellfish which interferes with established fishing right void.

Section 26-205. - Wardens; appointment, duties and powers.

Section 26-206. - Shellfish police.

Section 26-207. - Taxation of shellfish grounds.

Section 26-208. - Laying of tax.

Section 26-209. - Appeal.

Section 26-210. - Collection of tax.

Section 26-211. - Taxes unpaid five years; reversion.

Section 26-212. - Licensing and numbering of shellfish vessels. Fee.

Section 26-213. - License to work on natural beds.

Section 26-214. - Nonresident oystermen. Foreign vessels prohibited.

Section 26-215. - Power dredges. Local shellfish commissions. Use of power dredges to restore shellfish beds.

Section 26-216. - Penalty.

Section 26-217. - Use of chain bags on natural oyster beds.

Section 26-218. - License forfeited on conviction.

Section 26-219. - License to take conchs.

Section 26-220. - Shellfish spawning beds.

Section 26-221 to 26-223. - Mud dumping. Notice of intended dumping on private oyster beds. Dumping inspectors.

Section 26-224. - Deposit of injurious substances in tidal waters or on oyster ground. Penalty.

Section 26-224a. - Depositing of shellfish in tidal waters. Regulations.

Section 26-225. - Stealing oysters.

Section 26-226. - Injury to enclosure.

Section 26-227. - Taking from designated but unmarked ground.

Section 26-228. - Taking shellfish between sunset and sunrise.

Section 26-229. - Injury to monuments.

Section 26-230. - Speculation in ground prohibited. Illegally staking ground.

Section 26-231. - Towing dredge prohibited.

Section 26-232. - Taking oysters from natural beds or the Housatonic or Saugatuck Rivers.

Section 26-233. - Taking oysters from Housatonic River.

Section 26-233a and 26-234. - Taking of oysters in Housatonic River other than by tongs. Greenwich Cove oysters.

Section 26-234a. - Daily limit on oysters.

Section 26-234b. - Taking of eastern oysters. Regulations.

Section 26-235. - Taking of clams. Recreational harvest limit. Penalties. Defacing or removal of sign.

Section 26-236. - Uncertified natural grounds.

Section 26-237. - Penalty.

Section 26-237a. - Deposit of cultch material on state shellfish beds.

Section 26-237b. - Shellfish Fund.

Section 26-237c. - License for the harvesting of oysters from state shellfish grounds.

Section 26-237d. - Municipal collection of sea water samples for shellfish harvest water classification.

Section 26-237e. - Resource assessment permits.