Sec. 26-192. Exclusive jurisdiction of state.
Sec. 26-192. Exclusive jurisdiction of state. The state shall exercise jurisdiction
and control over all shellfisheries which are located in that area of the state described
in section 3294 of the general statutes, revision of 1918; and the Commissioner of Agriculture shall prepare a map of such area and shall keep the same on file for public
inspection in his office. All shellfisheries not within said area, except as provided in
section 26-257, shall be within the jurisdiction and control of the towns in which they
are located. If a difference arises between any town and the commissioner as to the
boundary line between such town and said area, such town, by its selectmen, may bring
its petition to the superior court for the judicial district within which such town is situated,
to determine such boundary line, and said court, upon a reasonable notice to the parties,
shall hear such petition and appoint a committee to ascertain the facts in such case and
report the same to said court, and said court shall thereupon make such order as may be
proper in the premises; the landmarks referred to herein and the locations thereof being
as the same existed and were known on April 26, 1882.
(1949 Rev., S. 5025; 1959, P.A. 95, S. 2; 1971, P.A. 870, S. 81; 872, S. 331; 1972, P.A. 52, S. 1; P.A. 76-436, S. 602,
681; P.A. 78-280, S. 1, 127; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: 1959 act deleted reference to New Haven as location of shellfish commissioners' office; 1971 acts replaced
superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain
jurisdiction unless pending matters deemed transferable, and replaced references to shellfish commissioners and clerk of
shellfisheries with references to commissioner of environmental protection; 1972 act replaced commissioner of environmental protection with commissioner of agriculture; P.A. 76-436 replaced court of common pleas with superior court and
added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; 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July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp.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.
All lands southerly of this line are in the exclusive jurisdiction of the commissioners. 52 C. 61; 62 C. 50; 66 C. 289.