Connecticut 2025 Regular Session

Connecticut House Bill HB07170 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	LCO 5127 1 of 7
	3	+	LCO No. 5127 1 of 7
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5	5		General Assembly Raised Bill No. 7170
6	6		January Session, 2025
7	7		LCO No. 5127
8	8
9	9
10	10		Referred to Committee on ENVIRONMENT
11	11
12	12
13	13		Introduced by:
14	14		(ENV)
	15	+
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18	19		AN ACT CONCERNING CERTAIN RECOMMENDATIONS OF THE
19	20		DEPARTMENT OF AGRICULTURE REGARDING AQUACULTURE.
20	21		Be it enacted by the Senate and House of Representatives in General
21	22		Assembly convened:
22	23
23	24		Section 1. Section 26-192k of the general statutes is repealed and the 1
24	25		following is substituted in lieu thereof (Effective from passage): 2
25	26		[(a)] The Department of Agriculture shall allow the relay of shellfish 3
26	27		from shellfish grounds classified as restricted relay to other grounds in 4
27	28		accordance with the National Shellfish Sanitation Program Model 5
28	29		Ordinance, as amended from time to time, regarding restricted shellfish 6
29	30		relay. [The department shall allow the harvest of shellfish from shellfish 7
30	31		grounds classified as approved for market on the same day using the 8
31	32		same vessel, provided the harvester first harvests the approved market 9
32	33		product and lands the product to shore. A harvester shall not begin the 10
33	34		relay of shellfish from shellfish grounds classified as restricted relay 11
34	35		until all shellfish harvested first from approved market grounds, in 12
35	36		market quantities, have been removed from the vessel. Such harvester 13
36	37		shall not begin such relay until after the harvester has notified the 14
37		-	Department of Energy and Environmental Protection of such relay. The 15 Raised Bill No. 7170
	38	+	Department of Energy and Environmental Protection of such relay. The 15
	39	+	Raised Bill No. 7170
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39	41
40		-	LCO 5127 2 of 7
	42	+
	43	+	LCO No. 5127 2 of 7
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42	45		harvester shall provide all information required by the Department of 16
43	46		Agriculture regarding shellfish relays to the Department of Energy and 17
44	47		Environmental Protection at the time of such notification. For the 18
45	48		remainder of the day, the harvester shall not harvest approved market 19
46	49		shellfish after beginning such relay. 20
47	50		(b) All tag identification information regarding shellfish harvest 21
48	51		locations shall be confidential, provided the harvester of the shellfish 22
49	52		marks the tag with a unique code corresponding to the shellfish harvest 23
50	53		location. The Department of Agriculture shall provide such harvester 24
51	54		and the Department of Energy and Environmental Protection with a 25
52	55		written code key detailing the harvest location and corresponding code 26
53	56		to be used by the harvester.] 27
54	57		Sec. 2. Section 26-212 of the general statutes is repealed and the 28
55	58		following is substituted in lieu thereof (Effective from passage): 29
56	59		No person shall take or gather for commercial purposes oysters, 30
57	60		clams, mussels or other molluscan shellfish from any natural shellfish 31
58	61		bed in the state in any boat or vessel unless it is licensed and numbered 32
59	62		in the manner provided in this section. Any person desiring to use any 33
60	63		boat or vessel for such purpose may make written application to the 34
61	64		Commissioner of Agriculture, stating the name, owner, rig, general 35
62	65		description and tonnage of such boat or vessel and the place where it is 36
63	66		owned, and the commissioner shall issue to the owner of such boat or 37
64	67		vessel a license to take and gather for commercial purposes oysters, 38
65	68		clams, mussels or other molluscan shellfish from the natural shellfish 39
66	69		beds in the state for the term expiring on the next succeeding [twentieth 40
67	70		day of July] thirtieth day of June, unless sooner revoked, upon the 41
68	71		payment of thirty dollars; provided, before such license is granted, the 42
69	72		owner or master shall prove to the satisfaction of the commissioner that 43
70	73		such boat or vessel may legally be used on work on the public beds of 44
71	74		the state and that the dredges and other contrivances do not weigh more 45
72	75		than thirty pounds. Each boat or vessel so licensed shall, while at work 46
73	76		upon any of the natural shellfish beds of the state, display the number 47
74		-	~~of such license in black figures not less than one foot in length. No such 48~~ Raised Bill No. 7170
	77	+	Raised Bill No. 7170
75	78
76	79
77		-	LCO 5127 3 of 7
78	80
	81	+	LCO No. 5127 3 of 7
	82	+
	83	+	of such license in black figures not less than one foot in length. No such 48
79	84		license may be transferred. The sale of any boat so licensed shall operate 49
80	85		as a forfeiture and revocation of the license, and the license certificate 50
81	86		shall be surrendered to the commissioner. 51
82	87		Sec. 3. Section 26-213 of the general statutes is repealed and the 52
83	88		following is substituted in lieu thereof (Effective from passage): 53
84	89		No person shall take or gather for commercial purposes oysters, 54
85	90		clams, mussels or other molluscan shellfish from any natural shellfish 55
86	91		bed in the state and no person shall be permitted upon any boat, 56
87	92		licensed pursuant to the provisions of section 26-212, as amended by this 57
88	93		act, while the boat is being used for such taking or gathering until the 58
89	94		person has been licensed in the manner provided in this section. The 59
90	95		person shall apply in writing, to the Commissioner of Agriculture upon 60
91	96		blanks to be furnished by the commissioner, stating his name, residence 61
92	97		and post-office address and such other information as may be required 62
93	98		by said commissioner, and said commissioner, upon payment of a fee of 63
94	99		twenty dollars, shall issue to the person a license for such purpose. All 64
95	100		licenses so issued shall be revocable at any time by the commissioner 65
96	101		and shall expire on the [twentieth day of July] thirtieth day of June in 66
97	102		each year. The commissioner shall account to the Treasurer for all 67
98	103		moneys received for licenses under the provisions of this section. Any 68
99	104		person who violates any of the provisions of this section relating to 69
100	105		licensing shall be guilty of a class D misdemeanor. 70
101	106		Sec. 4. Section 26-232 of the general statutes is repealed and the 71
102	107		following is substituted in lieu thereof (Effective from passage): 72
103	108		(a) Any person who (1) between the [twentieth day of July] fifteenth 73
104	109		day of June and the twentieth day of September, gathers or takes any 74
105	110		oysters or shells from any natural oyster bed specified in section 26-193 75
106	111		other than any such bed in the Housatonic River, (2) between the 76
107	112		[twentieth day of July] fifteenth day of June and the twentieth day of 77
108	113		September in any year, gathers or takes any oysters or shells in the 78
109		-	Saugatuck River, or (3) between the [twentieth day of July] fifteenth day 79
110		-	of June and the twentieth day of October in any year, gathers or takes 80 Raised Bill No. 7170
	114	+	Raised Bill No. 7170
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113		-	LCO 5127 4 of 7
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	118	+	LCO No. 5127 4 of 7
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	120	+	Saugatuck River, or (3) between the [twentieth day of July] fifteenth day 79
	121	+	of June and the twentieth day of October in any year, gathers or takes 80
115	122		any oysters or shells in the Housatonic River shall be fined not more 81
116	123		than two hundred fifty dollars; provided nothing in this section shall be 82
117	124		construed to prohibit the gathering or taking of shells or mussels by the 83
118	125		use of tongs in said Housatonic River below a line drawn from a stake 84
119	126		on the west bank of said river, at Quimber's Neck Point, so called, and 85
120	127		running thence in a northeasterly direction to a stake on the east side of 86
121	128		said river. Said stakes shall be located and maintained at said points by 87
122	129		the selectmen of the town of Stratford, and a certificate of such location 88
123	130		by said selectmen shall be recorded in the office of the town clerk of said 89
124	131		town of Stratford. Nothing in this chapter or in chapter 492 shall be 90
125	132		construed as prohibiting the excavation of material in deepening the 91
126	133		channels of navigable waters by work authorized by the United States 92
127	134		government. 93
128	135		(b) The Commissioner of Agriculture, upon application of the 94
129	136		Stratford Shellfish Commission, may, at any time, close the season for 95
130	137		the taking of any shellfish in the Housatonic River for purposes of 96
131	138		conserving the resource. 97
132	139		Sec. 5. Section 26-207 of the general statutes is repealed and the 98
133	140		following is substituted in lieu thereof (Effective from passage): 99
134	141		Any owner of shellfish grounds, franchise or franchises lying within 100
135	142		the exclusive jurisdiction of the state, on or before the first day of July, 101
136	143		annually, shall deliver to the Commissioner of Agriculture a statement 102
137	144		under oath of such franchise or franchises or grounds belonging to such 103
138	145		owner on the first day of June next preceding. Such statement shall 104
139	146		specify the lot or lots owned by such owner by numbers as appear upon 105
140	147		the last official map published by said commissioner, or, if granted since 106
141	148		the publication of such map, according to such number as may be 107
142	149		furnished by said commissioner, and the location and number of acres 108
143	150		of each lot. Blanks for such statement shall be prepared by said 109
144	151		commissioner and furnished to each owner, but failure to receive such 110
	152	+	Raised Bill No. 7170
	153	+
	154	+
	155	+
	156	+	LCO No. 5127 5 of 7
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145	158		blanks shall not relieve any person from the obligation to furnish the 111
146	159		statement herein provided for. The commissioner may issue subpoenas 112
147		-	to compel the attendance of any person before him, with books of 113 Raised Bill No. 7170
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149		-
150		-	LCO 5127 5 of 7
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	160	+	to compel the attendance of any person before him, with books of 113
152	161		account, documents and maps, and may administer oaths to and 114
153	162		examine any person for the purpose of ascertaining the amount and 115
154	163		value of such property. Any person who fails to respond to any such 116
155	164		subpoena or who, having responded, refuses to testify or who fails to 117
156	165		produce any such book or books of account, documents or maps, upon 118
157	166		application of said commissioner to the superior court for any judicial 119
158	167		district bordering on the waters of Long Island Sound, may be punished 120
159	168		for contempt. Said commissioner may exercise the authority of assessors 121
160	169		of towns and add ten per cent of the value of the property as a penalty 122
161	170		for failure to give in a list. Any person who discloses any information 123
162	171		obtained from any such witness or from the books or records of any such 124
163	172		owner provided for under the provisions of this section, otherwise than 125
164	173		in carrying out the provisions hereof, shall be fined not more than five 126
165	174		hundred dollars. Any owner of any shellfish grounds or franchise lying 127
166	175		within the exclusive jurisdiction of the state shall certify, in a format 128
167	176		determined by the Commissioner of Agriculture, that the owner 129
168	177		completed all required business and shellfish-related state tax filings for 130
169	178		the preceding year. 131
170	179		Sec. 6. Section 26-209 of the general statutes is repealed and the 132
171	180		following is substituted in lieu thereof (Effective from passage): 133
172	181		Any person aggrieved by the action of the Commissioner of 134
173		-	Agriculture under section 26-207, as amended by this act, or 26-208 shall 135
174		-	have the same right of appeal to the Superior Court as is provided by 136
175		-	law for appeals to said court from boards of assessment appeals of 137
176		-	towns, except as otherwise provided. Each such appeal shall be taken to 138
177		-	the judicial district where the franchise or ground in question is situated 139
178		-	or to the judicial district where the owner appealing resides, and said 140
179		-	court shall have such powers therein as in appeals from boards of 141
180		-	assessment appeals of towns. 142
	182	+	Agriculture under section 26-207 or 26-208 shall have the same right of 135
	183	+	appeal to the Superior Court as is provided by law for appeals to said 136
	184	+	court from boards of assessment appeals of towns, except as otherwise 137
	185	+	provided. Each such appeal shall be taken to the judicial district where 138
	186	+	the franchise or ground in question is situated or to the judicial district 139
	187	+	where the owner appealing resides, and said court shall have such 140
	188	+	powers therein as in appeals from boards of assessment appeals of 141
	189	+	towns. 142
	190	+	Raised Bill No. 7170
	191	+
	192	+
	193	+
	194	+	LCO No. 5127 6 of 7
	195	+
181	196		Sec. 7. Section 26-215 of the general statutes is repealed and the 143
182	197		following is substituted in lieu thereof (Effective from passage): 144
183		-	(a) There shall not be used on any licensed boat any device operated 145 Raised Bill No. 7170
184		-
185		-
186		-	LCO 5127 6 of 7
187		-
	198	+	(a) There shall not be used on any licensed boat any device operated 145
188	199		otherwise than by hand power, for hoisting or operating dredges or 146
189	200		other implements for gathering oysters, clams, mussels or other shellfish 147
190	201		or oyster shells. Except as provided in subsection (b) of this section, no 148
191	202		person shall use any dredge or other contrivance weighing more than 149
192	203		[thirty] sixty pounds, exclusive of the net or bag, or with a capacity of 150
193	204		more than one and one-half bushels in taking up or dredging for oysters, 151
194	205		clams, mussels or other shellfish or oyster shells in any of the waters of 152
195	206		the state, except upon private designated grounds. Nothing in this 153
196	207		section shall be construed to prevent the use of power in taking up or 154
197	208		dredging for oysters, clams, mussels or other shellfish or shells on 155
198	209		private designated grounds by the owners thereof, or to prevent the use 156
199	210		of excavators for deepening the water in places where there are no 157
200	211		natural oyster or clam beds, or where such beds have not existed within 158
201	212		ten years, by digging or removing the material, permission to use 159
202	213		excavators being first given by the Commissioner of Agriculture, which 160
203	214		permission shall not be given until after a public notice of at least two 161
204	215		weeks of the time when and place where he will hear all parties desiring 162
205	216		to be heard upon such application, which notice shall be posted in the 163
206	217		office of the town clerk of the town where such grounds are located. 164
207	218		(b) A local shellfish commission established pursuant to section 26-165
208	219		257a may allow limited and supervised use of a power dredge or other 166
209	220		contrivance with a capacity of not more than three bushels, for the 167
210	221		purpose of cultivation, enhancement or restoration of natural shellfish 168
211	222		beds located within the jurisdiction of said commission. The use of a 169
212	223		power dredge or other contrivance pursuant to this subsection shall not 170
213	224		be extended to the harvesting or removal of oysters. Such shellfish 171
214	225		commission shall administer such dredging pursuant to section 26-257a. 172
215	226		Sec. 8. Section 26-192l of the general statutes is repealed. (Effective from 173
216	227		passage) 174
	228	+	Raised Bill No. 7170
	229	+
	230	+
	231	+
	232	+	LCO No. 5127 7 of 7
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217	234		This act shall take effect as follows and shall amend the following
218	235		sections:
219	236
220		-	Section 1 from passage 26-192k Raised Bill No. 7170
221		-
222		-
223		-	LCO 5127 7 of 7
224		-
	237	+	Section 1 from passage 26-192k
225	238		Sec. 2 from passage 26-212
226	239		Sec. 3 from passage 26-213
227	240		Sec. 4 from passage 26-232
228	241		Sec. 5 from passage 26-207
229	242		Sec. 6 from passage 26-209
230	243		Sec. 7 from passage 26-215
231	244		Sec. 8 from passage Repealer section
232	245
233		-	ENV Joint Favorable
	246	+	Statement of Purpose:
	247	+	To make certain revisions to the regulation of aquaculture, such as the
	248	+	oyster harvest season, to support the aquaculture industry.
	249	+
	250	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	251	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	252	+	underlined.]
234	253