Connecticut 2013 Regular Session

Connecticut House Bill HB06318 Compare Versions

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1-General Assembly Substitute Bill No. 6318
2-January Session, 2013 *_____HB06318ENV___030513____*
1+General Assembly Raised Bill No. 6318
2+January Session, 2013 LCO No. 2677
3+ *02677_______ENV*
4+Referred to Committee on ENVIRONMENT
5+Introduced by:
6+(ENV)
37
48 General Assembly
59
6-Substitute Bill No. 6318
10+Raised Bill No. 6318
711
812 January Session, 2013
913
10-*_____HB06318ENV___030513____*
14+LCO No. 2677
15+
16+*02677_______ENV*
17+
18+Referred to Committee on ENVIRONMENT
19+
20+Introduced by:
21+
22+(ENV)
1123
1224 AN ACT CONCERNING THE CULTIVATION OF SEAWEED.
1325
1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
1527
1628 Section 1. Section 22-11i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
1729
1830 (a) As used in this section:
1931
20-(1) "Aquaculture producer" means any person who engages in the controlled rearing, cultivation and harvesting of aquatic animals or plants in land-based or marine-based culture systems, tanks, containers, impoundments, floating or submerged nets or pens and ponds.
32+(1) "Aquaculture producer" means any person who engages in 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.
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2234 (2) "Aquatic animals" means fresh or saltwater finfish, crustaceans and other forms of aquatic life, including 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.
2335
2436 (3) "Aquatic plants" means fresh or saltwater algae and plants, including, but not limited to, aquatic macrophyte, microalgae and macroalgae (seaweed) species intended for sea vegetable, biofuel, animal feed, fertilizer, medical, industrial or other commercial applications.
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2638 (4) "Seaweed" means any species of marine macroalgae approved by the Commissioner of Agriculture for cultivation in the waters of Long Island Sound.
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2840 (5) "Seaweed producer" means any person who engages in the controlled rearing, cultivation and harvesting of seaweed.
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30-(b) The Commissioner of Agriculture shall license and inspect aquaculture producers. The commissioner may prescribe the length of term, fee and application for such license. To receive an aquaculture producer license from the commissioner, each aquaculture producer shall: (1) Possess a registration with the United States Food and Drug Administration as a food facility, (2) meet all processing standards and inspection procedures for seafood processing facilities, including, but not limited to, compliance with the provisions of 21 CFR 123--Fish and Fishery Products, Subpart A and the United States Food and Drug Administration's Food Code, as from time to time amended, and (3) pass an inspection conducted by the Department of Consumer Protection prior to the issuance of such license by the commissioner. The provisions of subdivision (2) of this subsection shall not apply to any seaweed or aquatic plant producer who possesses a valid license issued by the commissioner.
42+(b) The Commissioner of Agriculture shall license and inspect aquaculture producers. The commissioner may prescribe the length of term, fee and application for such license. To receive an aquaculture producer license from the commissioner, each aquaculture producer shall: (1) Possess a registration with the United States Food and Drug Administration as a food facility, (2) meet all processing standards and inspection procedures for seafood processing facilities, including, but not limited to, compliance with the provisions of 21 CFR 123--Fish and Fishery Products, Subpart A and the United States Food and Drug Administration's Food Code, as from time to time amended, and (3) pass an inspection conducted by the Department of Consumer Protection prior to the issuance of such license by the commissioner. The provisions of this subsection shall not apply to any seaweed producer or any person who produces aquatic plants who possesses a valid license issued by the commissioner.
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32-(c) Prior to receiving a license from the commissioner to be a seaweed or aquatic plant producer, an applicant shall receive species approval from the commissioner.
44+(c) The Commissioner of Agriculture shall license and inspect producers of aquatic plants, including, but not limited to, seaweed producers. The commissioner may prescribe the length of term, fee and application for such license. Prior to receiving a license from the commissioner to be a seaweed producer or to produce aquatic plants, an applicant shall meet processing standards, as prescribed by the commissioner, and receive species approval from the commissioner.
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3446 [(c)] (d) The Commissioner of Agriculture, in accordance with chapter 54 and in consultation with the Commissioner of Consumer Protection, may adopt regulations to implement the provisions of this section.
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36-Sec. 2. (NEW) (Effective from passage) (a) The Commissioner of Agriculture may issue a nontransferable license, in the name of the state, under such policies as the commissioner may prescribe and for a period of not greater than five years and an annual license fee of twenty-five dollars per acre, for the planting and cultivating of seaweed in any area within Connecticut's coastal waters. Any person who has a shellfishing ground lease authorized pursuant to section 26-194 or 26-257a of the general statutes shall not be required to remit such annual license fee. Any person licensed pursuant to this section may buy, possess, ship, transport or sell seaweed that meets the applicable requirements of sections 22-11h and 22-11i of the general statutes, as amended by this act, and any regulation adopted pursuant to said sections 22-11h and 22-11i. For the purpose of this section, "seaweed" means seaweed, as defined in section 22-11i of the general statutes, as amended by this act.
48+Sec. 2. (NEW) (Effective from passage) (a) The Commissioner of Agriculture may issue a nontransferable license, in the name of the state, under such policies as the commissioner may prescribe and for a period of not greater than five years and an annual license fee of twenty-five dollars per acre, for the planting and cultivating of seaweed in any area within Connecticut's coastal waters. Any person who has a shellfishing ground lease authorized pursuant to section 26-194 or 26-257a of the general statutes shall not be required to remit such annual license fee. Any person licensed pursuant to this section may buy, possess, ship, transport or sell seaweed that meets the applicable requirements of section 22-11h and 22-11i of the general statutes, as amended by this act, and any regulation adopted pursuant to said sections 22-11h and 22-11i. For the purpose of this section, "seaweed" means seaweed, as defined in section 22-11i of the general statutes, as amended by this act.
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3850 (b) The General Joint Aquaculture Programmatic Permit Process Review of the Department of Agriculture's Bureau of Aquaculture, the Department of Energy and Environmental Protection's Office of Long Island Sound Programs, and the Army Corps of Engineers may subject any such licensee to the requirements of sections 22a-359 to 22a-363f, inclusive, of the general statutes.
3951
4052 (c) Any such license or license renewal, issued pursuant to this section, shall require the licensee to make a good faith effort to cultivate and harvest seaweed from the licensed area. Any licensee who fulfills all of his or her obligations pursuant to said license, upon the expiration of said license, shall be given preference by the commissioner in the relicensing of such ground for a like term and purpose as that granted in the original license. The commissioner shall not renew the license of any licensee who fails to remit the license fee required pursuant to this section. No application for the renewal of a license pursuant to this section shall be granted without notice or advertisement of the pendency thereof by the commissioner. No renewal of a license for grounds previously leased pursuant to this section shall be granted when the commissioner, for cause, determines to cease licensure of such grounds for seaweed culture.
4153
4254 (d) In no instance shall the Commissioner of Agriculture grant a license to cultivate seaweed pursuant to this section such that the grant of such license interferes with an established right of fishing or an established right of shellfishing. Any license issued pursuant to this section that interferes with an established right of fishing or an established right of shellfishing shall be void.
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4456 (e) Any person who interferes with, annoys or molests another in the enjoyment of any license issued pursuant to this section shall be fined not more than five hundred dollars or imprisoned not more than six months or both.
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4658 (f) The Commissioner of Agriculture may adopt regulations, pursuant to chapter 54 of the general statutes, to implement the provisions of this section.
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5163 This act shall take effect as follows and shall amend the following sections:
5264 Section 1 from passage 22-11i
5365 Sec. 2 from passage New section
5466
5567 This act shall take effect as follows and shall amend the following sections:
5668
5769 Section 1
5870
5971 from passage
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6173 22-11i
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6375 Sec. 2
6476
6577 from passage
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6779 New section
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81+Statement of Purpose:
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83+To encourage the growth of aquaculture industry related jobs.
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71-ENV Joint Favorable Subst.
72-
73-ENV
74-
75-Joint Favorable Subst.
85+[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.]