General Assembly Raised Bill No. 5447
February Session, 2012 LCO No. 1973
*01973_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)
General Assembly
Raised Bill No. 5447
February Session, 2012
LCO No. 1973
*01973_______ENV*
Referred to Committee on Environment
Introduced by:
(ENV)
AN ACT CONCERNING AQUATIC ANIMALS AS FOOD AND THE TAKING OF ESCALLOPS FROM THE NIANTIC RIVER.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2012) (a) As used in this section:
(1) "Aquaculture" means the controlled rearing, cultivation and harvesting of aquatic animals in land-based or marine-based culture systems, tanks, containers, impoundments, floating or submerged nets or pens and ponds.
(2) "Aquatic animals" means fresh or saltwater finfish, crustaceans and other forms of aquatic life, including alligator, frog, aquatic turtle, jellyfish, sea cucumber and sea urchin, and the roe of such animals, and all mollusks, which are intended for human consumption. "Aquatic animals" does not include birds or mammals.
(b) The Commissioner of Agriculture shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, for the licensing and inspection of aquaculture facilities that cultivate, process and supply aquatic animals intended to be sold for human consumption, to promote compliance by such facilities with principles, practices and generally recognized standards that protect public health. Such regulations shall include, but not be limited to, provisions concerning (1) minimum qualifications and the application procedure for such license and license renewals, (2) processing standards and inspection procedures for such facilities, including compliance with the provisions of 21 CFR 123--Fish and Fishery Products, Subpart A and the Food and Drug Administration Food Code, as from time to time amended, (3) designation of any such facility that complies with such standards and procedures as an "approved food source" for households, restaurants, hotels and other residential facilities, and (4) oversight of such facilities by the Commissioner of Agriculture.
Sec. 2. Section 26-287 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):
(a) The Waterford-East Lyme shellfish commission shall consist of four electors of each of said towns appointed by their respective boards of selectmen. Annually such board shall appoint an elector as a member of said commission who shall serve for a term of four years from June first in the year of his appointment. Neither of said towns shall be represented on said commission by more than two members of the same political party. Any vacancies that may from time to time occur shall be filled for the balance of the unexpired term by the board of selectmen of the town which, because of such vacancy, has one less member on said commission. Said commission may prohibit the taking of escallops, clams and oysters from such portions of the Niantic River as it designates, for a period not exceeding one year at a time, designate, from time to time, the manner in which said shellfish may be taken and license such taking and, in connection therewith, adopt reasonable regulations and fix license and permit fees. When said commission designates any place or places in said river from which the taking of escallops, oysters and clams is to be prohibited or designates a new manner in which escallops, clams and oysters may or may not be taken, or adopts, rescinds or amends any regulation or license or permit fee adopted hereunder, it shall cause to be published at least twice, in a newspaper having a circulation in each of said towns, a notice describing the place or places upon which such prohibition is to be operative or the manner in which escallops, 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 river. No person shall take any escallops, 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) No person shall, at any time, take any escallops which may pass through a [two-inch] two and one-half inch ring or more than three bushels of escallops in any one day, provided said commission may increase or decrease the daily limit at any time after it has been in force for thirty days.
(c) All constables and other informing officers of either of said towns shall inquire after and prosecute for any violation of this section. For the purpose of enforcing the same, all constables in either of said towns shall have supervision and jurisdiction over that part of the waters of the Niantic River from Golden Spur Bridge southerly to the highway bridge at the Rope Ferry Road, so called, and all offenses committed within said limits, in the same manner and to the same extent as though said portion of said river was within the town within which such officials have jurisdiction.
(d) Said commission may designate special officers for the enforcement of this section whose compensation shall be determined by the commission. All moneys collected by either the town of Waterford or the town of East Lyme under the provisions of this section shall be paid to the commission and used by it for the protection and propagation of escallops, oysters and clams and other shellfish in the waters of the Niantic River.
(e) 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 dollars or imprisoned not more than ten days or both, and upon conviction the court may order that such person shall not be entitled to a permit or license to take escallops, oysters and clams from the Niantic River until the beginning of the second season the river is opened by the commission following such conviction.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 New section
Sec. 2 July 1, 2012 26-287
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
New section
Sec. 2
July 1, 2012
26-287
Statement of Purpose:
To provide for the licensing and inspection of facilities cultivating, processing and supplying aquatic animals in the state for human consumption and to promote scallop production in the Niantic River.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]