§ 26-192f — (Formerly Sec. 19a-99). Penalties.

Connecticut § 26-192f

• Jurisdiction: Connecticut
• Title 26: Fisheries and Game
• Ch. 491: State Shellfisheries

Text

Any person, firm or corporation (1) harvesting or taking shellfish from an area closed and posted by the Department of Agriculture against the removal of shellfish, except as provided in section 26-192h, or an area closed by commercial shellfish transplant license issuance or by order of the local director of health with the approval of the department, (2) misusing any shipping tag or license in violation of section 26-192c, (3) mislabeling shellfish shipments or deliveries with any false information, (4) failing to identify shellfish shipments or deliveries in accordance with the National Shellfish Sanitation Program Model Ordinance, as amended from time to time, (5) harvesting shellfish from undesignated grounds, or (6) harvesting shellfish from designated grounds not listed on a license issued by the Department of Agriculture to such person, firm or corporation shall be fined (A) one thousand dollars, or (B) three times the market value of any shellfish taken, based on the quantity and type involved in the violation if such amount is greater than one thousand dollars, or imprisoned not more than one year. The Commissioner of Agriculture may revoke any license issued by said commissioner for up to sixty days for the second violation of this section within six months and up to ninety days for a third violation of this section within nine months. Any person who defaces or removes a sign posted by the Department of Agriculture in accordance with the provisions of section 26-192e shall be fined not more than five hundred dollars or imprisoned not more than six months. The provisions of this section are in addition to and in no way derogate any other enforcement provisions or penalties contained in any other section of the general statutes. See Sec. 26-192i for definition of “shellfish”.

Legislative History

(1949 Rev., S. 4190; P.A. 76-84, S. 3; P.A. 77-614, S. 323, 610; P.A. 85-313, S. 3; P.A. 89-321, S. 6, 12; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; 04-223, S. 6; P.A. 06-116, S. 1; P.A. 12-80, S. 176.) History: P.A. 76-84 deleted exception to penalty provisions, increased maximum fine for taking shellfish in posted areas from $100 to 4500 and allowed imposition of 6 months' imprisonment in lieu of fine, increased maximum fine for other offenses from $100 to $500 and increased alternate term of imprisonment from 3 to 6 months; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec. 19-57 transferred to Sec. 19a-99 in 1983; P.A. 85-313 added prohibition against taking of shellfish from closed areas and increased the minimum fine for Subdivs. (1) to (5), inclusive, from $10 to $50 and maximum fine from $500 to $1,000 or three times the market value and increased the alternate term of imprisonment from 6 months to 12 months, retaining prior maximum fines of $500 or 6 months imprisonment for defacing or removing sign in accordance with Sec. 19a-98; P.A. 89-321 made technical changes related to the transfer of authority for shellfishing regulation from the department of health services to the department of agriculture; Sec. 19a-99 transferred to Sec. 26-192f in 1991; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department 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; P.A. 04-223 made technical changes, prohibited harvesting or taking of shellfish from area closed by commercial shellfish transplant license or from undesignated grounds or designated grounds not listed on license, granted authority to commissioner to revoke license for up to 60 days for second violation within 6 months and up to 90 days for third violation within 9 months, and added that provisions of section are in addition to other enforcement provisions or penalties, effective July 1, 2004; P.A. 06-116 replaced reference to “regulations adopted by the department” with reference to “National Shellfish Sanitation Program Model Ordinance, as amended from time to time” in Subdiv. (4), effective June 2, 2006; P.A. 12-80 replaced maximum term of imprisonment of “twelve months” with “one year”.