City of Norwalk, CT Article III Digging of Oysters, Clams and Mussels

[Adopted 2-9-1971][1]

[1] Editor's Note: This ordinance also repealed former, Art. III, Digging of Oysters, Clams and Mussels, adopted 5-14-1957.

§ 45-26 Shellfish Commission.

A. Definitions. As used in this ordinance, the following terms shall have the meanings indicated:

COMMISSION

The Norwalk Shellfish Commission established pursuant to this ordinance.

NATURAL BEDS

The natural oyster, clam and mussel beds which are designated as Tracts I through 7 on that certain map entitled the "Map of the Natural Oyster, Clam and Mussel Beds in the Town of Norwalk, Connecticut, December 1882, G.S. Aiken, C.E." Said designation of the natural oyster, clam and mussel beds was confirmed by a decree of the Superior Court for Fairfield County, dated December 12, 1882.

B. There is hereby created the Norwalk Shellfish Commission, which Commission shall consist of five members as hereafter set out. Said Commission shall have charge of all the shellfisheries and shellfish grounds lying in said Norwalk, designated as natural beds, not granted to others and not under the jurisdiction of the State Shellfish Commissioners, including all rivers, inland waters and flats adjacent to all beaches and waters within the limits and marine bounds of said Norwalk.

C. The Mayor shall appoint five members to the Board, two of whom shall serve for three years, two of whom shall serve for two years, and one of whom shall serve for one year. Upon the expiration of said initial terms, the Mayor shall each year appoint successors, each for a term of three years. The Mayor and the Director of Public Health shall be ex officio members of said Commission.

D. No person shall dig, harvest or float any oysters, clams or mussels within the waters or tidal flats within the limits and marine bounds of the City of Norwalk (other than from privately designated, privately leased or privately owned shellfish grounds), except in accordance with the terms of a license issued by the Commission. No person shall use any power-driven tool or other commercial device, such as a bull rake, to harvest oysters, clams or mussels within the waters of tidal flats within the limits of the City of Norwalk that are under control of the Shellfish Commission, except by express written permission of the Shellfish Commission.

[Amended 4-12-1972; 3-22-1983; 5-13-1997]

E. The Commission shall issue licenses for the taking of shellfish therefrom and fix the fees therefor and may designate the quantities of such shellfish to be taken, the sizes of such shellfish and the methods of taking.

F. Applications for any of said licenses may be made by any resident of the city, or by a nonresident for an individual license, upon forms to be prescribed by the Shellfish Commission, and which shall include the following:

[Amended 4-12-1972]

(1) The name and address of the applicant.

(2) The agent in charge of the business.

(3) The area or areas in which harvesting is to be carried out.

(4) The period during which taking is to occur.

(5) A description of the vessel or boat to be used, including any identifying registration numbers or designations.

G. No license shall be issued by said Commission for the taking of shellfish from any area in Norwalk waters declared polluted by the State Department of Health unless a license shall have been obtained under § 19-59 of the General Statutes of the State of Connecticut and presented with any application for license. As a further condition of such license, the application therefor shall also contain the following:

(1) A statement of the estimated amount of the harvest to be taken from the polluted area.

(2) The location and ownership of areas to which the harvest is to be transplanted.

(3) The names and addresses of persons to whom the harvest is to be sold.

(4) The manner by which and by whom said harvest is to be transplanted from the area of taking to the area of transplant or to delivery to a purchaser.

H. Unless said Commission shall affirmatively find that the contemplated harvesting of polluted areas and the disposition under the conditions set out in the application will not constitute a danger to the public health in the passage of shellfish from such polluted areas to the commercial market for retail sale, it shall not issue a license to take shellfish from the areas declared polluted by the State Department of Health.

I. Application shall be made to said Commission at the office of the Norwalk Health Department in said city.

J. In addition to the issuance of licenses as herein set forth, said Commission may prohibit the taking of shellfish from certain areas designated by the Commission for periods not in excess of one year.

K. Any person who shall violate any of the provisions of this ordinance or who shall transplant or dispose of shellfish harvested by him in a polluted area other than that set forth in his application shall be fined not less than $50 nor more than $99 for such violation. In addition to the penalties herein prescribed, any person shall forfeit the harvest in his possession at the time of any violation.

[Amended 3-22-1983]

§ 45-27 Clamming.

A. In addition to the powers set forth in § 45-26, the Commission may determine the quantity of clams to be taken from any of the designated areas within the territorial limits of said Norwalk and may issue licenses and fix the fees therefor.

B. The licenses shall be of the following classes:

[Amended 4-12-1972]

(1) An individual license shall permit the taking of not more than 1/2 bushel of clams or other shellfish during any one day during the term of said license.

(2) An individual license (nonresident) shall permit the taking of not more than 1/2 bushel of clams or other shellfish during any one day during the term of said license.

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection B(3), which provided for a limit on number of clams taken with a commercial tonger's license, was repealed 8-13-1991.

(4) A transplant license (clams) shall permit the taking of an unlimited number of clams for transplanting the same to approved areas. In addition to the monetary fee fixed by the Commission for a transplant license, the Commission may require the holder of such license to transplant a portion of the clams harvested by the holder in contaminated or polluted waters to an area in Norwalk harbor approved by the Aquaculture Division, State Department of Agriculture. After transplanting, the areas so designated shall be closed to the taking of clams until the beds of the transplanted clams shall be certified by the Aquaculture Division, State Department of Agriculture, as free of pollution. Such beds of transplanted clams shall not be harvested except by holders of individual licenses, and the limits for taking shall be as set forth in § 45-27B(1) and (2). No transplant license shall be issued unless an applicant has a permit from the Aquaculture Division, State Department of Agriculture, under the terms of Section 19-59 of the Connecticut General Statutes. Should the Commission require the transplant of clams to a designated area as above set out, it may require the holder of a transplant license to transplant to such areas an amount not to exceed 10% of the clams harvested by such holder in contaminated or polluted waters or rake the area in lieu of the aforementioned 10% when and as requested by the Commission, but never later than April 30. The holder of such license shall notify the Marine Division of the Norwalk Police Department of the amounts so transplanted and the location to which they are transplanted.

[Amended 8-13-1991]

(5) The term of the licenses provided for in Subsection B(1), (2), (3) and (4) above shall be for one year from January 1 to December 31 in each year.

[Amended 5-28-1991]

C. Any commercial or dredging license may be extended for successive periods equal to the term of the original license upon an application for such extension stating that the conditions of the original license remain unchanged and upon payment of the same fee as for the original license.

D. Any person who violates any provision of this section shall be fined not more than $100.

§ 45-28 General provisions.

A. The Commission may enact such rules, regulations and policies at it deems advisable or necessary to carry out the purposes of this ordinance and the powers hereby delegated to the Commission. In addition, the Commission may exercise any power granted to this municipality concerning the regulation of shellfisheries and shellfish grounds which are permitted or authorized by the Connecticut General Statutes.

B. In addition to the penalties hereinbefore set forth, any person who violates any regulation issued by the Commission pursuant to this ordinance shall be fined not more than $50 or imprisoned not more than 30 days or both.

C. In addition to the criminal penalties set forth in this ordinance, since the purpose of this ordinance is regulatory, the Commission is hereby authorized to maintain a civil action in any court of competent jurisdiction against any person to restrain or enjoin any person from any violation of this ordinance or regulation of the Commission adopted pursuant to the authority extended to the Commission in this ordinance.

D. The provisions of this ordinance are severable, and if any provision of this ordinance or the application of such provision to any persons or circumstances shall be held to be unconstitutional or invalid, the remainder of the ordinance or application of such provision to persons or circumstances other than those to which it is held invalid or unconstitutional shall not be affected thereby.