Connecticut General Statutes
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of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp.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.

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.