Researcher: JKL Page 1 4/9/25
OLR Bill Analysis
HB 7170
AN ACT CONCERNING CERTAIN RECOMMENDATIONS OF THE
DEPARTMENT OF AGRICULTURE REGARDING AQUACULTURE.
SUMMARY
This bill makes numerous unrelated changes to statutes concerning
the state’s aquaculture industry. Primarily, it does the following:
1. eliminates state requirements that are not in line with the National
Shellfish Sanitation Program Model Ordinance (§ 1);
2. shortens the state’s commercial shellfish (e.g., oyster, clam,
mussel) harvest season (§§ 2-4);
3. requires shellfish grounds owners and franchise holders to certify
to the Department of Agriculture (DoAg) that they complied with
all required business and shellfish-related state tax filings for the
prior year, and grants them appeal rights (§§ 5 & 6);
4. increases the allowed power dredge limit, from 30 to 60 pounds,
for gathering shellfish (§ 7); and
5. repeals requirements for DoAg’s shellfish recovery vessel, the
John H. Volk, which DoAg no longer owns (§ 8).
EFFECTIVE DATE: Upon passage
§ 1 — SHELLFISH SANITATION
By law, DoAg must allow shell fishermen to relay (i.e. transplant)
shellfish from shellfish grounds classified as restricted (i.e. polluted) to
other grounds, in keeping with the National Shellfish Sanitation
Program Model Ordinance. The ordinance establishes sanitary controls
over growing, harvesting, shucking, packing, and distributing shellfish.
The bill eliminates specific requirements under current law that no 2025HB-07170-R000630-BA.DOCX
Researcher: JKL Page 2 4/9/25
longer align with the ordinance or are otherwise unnecessary. These
include provisions that (1) require identification tags with shellfish
location information to be confidential, (2) prescribe the order of harvest
and relay, and (3) require a harvester to notify the Department of Energy
and Environmental Protection of a planned relay. (In practice, DoAg’s
combined shellfish harvest and relay license requires market activity to
occur before the movement of contaminated fish.)
§§ 2-4 — SHELLFISH HARVEST SE ASON
The bill shortens the commercial shellfish harvest season by closing
the natural beds sooner than allowed under current law. Specifically, it
moves up the annual expiration date of shellfish licenses from July 20 to
June 30.
It also revises the time period for assessing penalties for violating
shellfishing restrictions. Currently, anyone who takes oysters or shells
from natural beds beginning July 20 and through the end of an
established period (which varies depending on location), is generally
subject to a fine of up to $250. The bill moves up the start of this period
from July 20 to June 15.
§§ 5 & 6 — STATE TAX FILINGS AND APPEAL RIGHTS
The bill requires the owner of shellfish grounds or a franchise within
the state’s exclusive jurisdiction to certify to the DoAg commissioner
that he or she completed all required business and shellfish-related state
tax filings for the prior year.
The bill also grants appeal rights to shellfish grounds owners and
franchise holders aggrieved by any DoAg commissioner actions under
the state law that allows the taxation of shellfish grounds. Appeals must
be made to the Superior Court in the judicial district where the franchise
or ground is located or the owner appealing resides.
§ 7 — POWER DREDGE L IMIT
The bill increases the allowed power dredge limit, from 30 to 60
pounds, for gathering shellfish. By law, dredges cannot be used for
taking shellfish from public shellfish beds and no dredge can have a 2025HB-07170-R000630-BA.DOCX
Researcher: JKL Page 3 4/9/25
capacity of more than 1.5 bushels. (A 60-pound dredge conforms with
industry practice and is compatible with the 1.5 bushel capacity limit.)
COMMITTEE ACTION
Environment Committee
Joint Favorable
Yea 32 Nay 0 (03/24/2025)