Sec. 26-257a. Local shellfish commissions.
Sec. 26-257a. Local shellfish commissions. (a) Any town, city or borough, acting
by its legislative body or its board of selectmen, if a town, or its mayor, if a city, or its
warden, if a borough, may establish a shellfish commission or may join with one or
more other towns, cities or boroughs, acting by their respective legislative bodies or
boards of selectmen or mayors or wardens, as the case may be, in establishing such a
commission. The number of members and their term of office shall be determined by
the legislative body or board of selectmen or mayor or warden, as the case may be, or,
in the case of such joint action, by agreement of the legislative bodies or boards of
selectmen or mayors or wardens, as the case may be.
(b) Such commission shall have charge of all the shellfisheries and shellfish grounds
lying in such municipality or municipalities not granted to others and not under the
jurisdiction of the Commissioner of Agriculture, including all rivers, inland waters and
flats adjacent to all beaches and waters within the limits and marine bounds of the
municipality or municipalities. The commission may designate suitable places in the
navigable waters within its jurisdiction for planting or cultivating oysters, clams or
mussels. The commission may issue licenses for the taking of shellfish therefrom and
fix the fees therefor, may designate the quantities of such shellfish to be taken, the sizes
of such shellfish and the methods of taking. The commission may prohibit the taking
of such shellfish from certain designated areas for periods not in excess of one year. All
moneys collected by the commission under the provisions of this section shall be paid
to the commission and used by it for the protection and propagation of the shellfish
under its control. Any person who violates any regulation issued by the commission
pursuant to this section shall be fined not more than fifty dollars or imprisoned not more
than thirty days or both.
(c) The commission shall prepare and periodically update a shellfish management
plan. The plan shall be submitted to the Commissioner of Agriculture and any appropriate board of selectmen, mayor or warden for review and comment.
(1963, P.A. 306; 1971, P.A. 872, S. 365; 1972, P.A. 52, S. 35; P.A. 79-293, S. 4; P.A. 86-225, S. 14; June 30 Sp. Sess.
P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: 1971 act replaced state shellfish commissioners with commissioner of environmental protection; 1972 act
replaced commissioner of environmental protection with commissioner of agriculture; P.A. 79-293 made provisions of
Subsec. (a) applicable with respect to boroughs and their wardens; P.A. 86-225 amended Subsec. (b) authorizing the
commissions to designate shellfish grounds and added Subsec. (c) regarding shellfish management plans; 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.
Cited. 231 C. 418.