(a) Any person who (1) between the twentieth day of July and the twentieth day of September, gathers or takes any oysters or shells from any natural oyster bed specified in section 26-193 other than any such bed in the Housatonic River, (2) between the twentieth day of July and the twentieth day of September in any year, gathers or takes any oysters or shells in the Saugatuck River, or (3) between the twentieth day of July and the twentieth day of October in any year, gathers or takes any oysters or shells in the Housatonic River shall be fined not more than two hundred fifty dollars; provided nothing in this section shall be construed to prohibit the gathering or taking of shells or mussels by the use of tongs in said Housatonic River below a line drawn from a stake on the west bank of said river, at Quimber's Neck Point, so called, and running thence in a northeasterly direction to a stake on the east side of said river. Said stakes shall be located and maintained at said points by the selectmen of the town of Stratford, and a certificate of such location by said selectmen shall be recorded in the office of the town clerk of said town of Stratford. Nothing in this chapter or in chapter 492 shall be construed as prohibiting the excavation of material in deepening the channels of navigable waters by work authorized by the United States government.
(b) The Commissioner of Agriculture, upon application of the Stratford Shellfish Commission, may, at any time, close the season for the taking of any shellfish in the Housatonic River for purposes of conserving the resource.
(1949 Rev., S. 5064; P.A. 78-334, S. 13; P.A. 85-183, S. 1, 2; P.A. 95-91, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 12-80, S. 33.)
History: P.A. 78-334 raised maximum fine from $50 to $100; P.A. 85-183 extended applicability of provisions to the Saugatuck River; P.A. 95-91 amended Subsec. (a) to move the opening day of the season for taking oysters from the Housatonic River from September 20th to October 20th and added a new Subsec. (b) re closure of the season in the Housatonic River by the Commissioner of Agriculture, effective May 31, 1995; 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of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp.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; P.A. 12-80 amended Subsec. (a) to replace penalty of a fine of not more than $100 or imprisonment of not more than 30 days or both with a fine of not more than $250.
Structure Connecticut General Statutes
Chapter 491 - State Shellfisheries
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 26-192f. (Formerly Sec. 19a-99). - Penalties.
Section 26-192g. (Formerly Sec. 19a-100). - Enforcement.
Section 26-192i. (Formerly Sec. 19a-95). - Shellfish; definition.
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 26-195. - 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 26-205. - Wardens; appointment, duties and powers.
Section 26-206. - Shellfish police.
Section 26-207. - Taxation of shellfish grounds.
Section 26-208. - Laying of tax.
Section 26-210. - 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 26-217. - 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 26-224. - 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 26-234a. - Daily limit on oysters.
Section 26-234b. - Taking of eastern oysters. Regulations.
Section 26-236. - Uncertified natural grounds.
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.