[HISTORY: Adopted by the Town of Guilford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and comittees — See Ch. 9.
Harbor and Waterways Management Plan — See Ch. 48.
[Adopted 2-21-1984 by the Board of Selectmen]
[Amended 4-20-1998 by the Board of Selectmen]
Pursuant to Section 26-257a of the Connecticut General Statutes, as amended, and Section 4-10 of the Charter of the Town of Guilford, there be and is hereby created in the Town of Guilford a Shellfish Commission, the members of which shall be appointed by the Board of Selectmen. The Commission shall consist of seven members who must be electors and residents of the Town of Guilford. Insofar as practical, members appointed shall be representative of all groups interested in the management, protection and regulation of all shellfisheries and shellfish grounds lying within the jurisdiction of the Town of Guilford. No more than four members shall be from one political party.
Initially, the Board of Selectmen shall appoint one member to the Commission to serve for a term of two years, two members to serve for a term of three years and two members to serve for a term of four years. Thereafter, the terms of office shall be for four years, in accordance with Section 4-2 of the Town Charter. Members of the Commission shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the performance of official duties.
The Board of Selectmen shall not remove a member of the Commission except for good cause and, upon request of such a member, only after public hearing. Failure to attend four consecutive meetings of the Commission shall constitute good cause for removal.
Any vacancy in the membership of the Commission which may be the result of the death, resignation or removal of a member or from any other cause shall be filled for the unexpired term of such member by the Board of Selectmen.
The Shellfish Commission shall be charged with the duty and purpose of managing and being in charge of all of the shellfisheries and shellfish grounds lying within the Town of Guilford between the center line of the East River and the Branford Town line and below the mean high water mark, 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 of the Town of Guilford.
A. 
The powers and duties of the Shellfish Commission shall be exercised and performed as herein provided and as authorized by the General Statutes of the State of Connecticut, and the Shellfish Commission may issue licenses for the taking of shellfish from within its jurisdiction 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, including the seasons and hours of taking, and may prohibit the taking of such shellfish from certain designated areas for periods not in excess of one year. Said Commission shall further have the power of creating a shellfish management plan and may issue reasonable rules and regulations in furtherance of the protection and propagation of the shellfish under its control and of the shellfish grounds within its jurisdiction. All fees and moneys collected by the Commission pursuant to this article and pursuant to the Connecticut General Statutes shall be paid to the Commission and used by the Commission for the protection and propagation of shellfish under its control and the further management of the shellfish grounds.
[Amended 6-2-1997 by the Board of Selectmen]
B. 
The Commission shall have the power to appoint an enforcement officer to supervise the beds and enforce the regulations issued by the Commission and authorized by the Connecticut General Statutes. The Commission may further set penalties for violation of its regulations subject to the restrictions thereon as provided in Section 26-257a of the Connecticut General Statutes.
C. 
The Commission shall have the power to call upon any other department of the Town government for assistance in the performance of its duties and to cooperate with any other department of the Town government in projects of mutual interest.
[Amended 6-11-2003 by the Board of Selectmen]
The Commission shall hold regular meetings and shall designate the time and place thereof and shall have the power to adopt rules and regulations for the conduct of business within its jurisdiction and shall keep a record of all of its proceedings. Four members shall constitute a quorum.
The Commission shall, from time to time, but not less often than biannually, make a report to the Town Meeting relative to the work of the Commission and shall submit such other reports as may be requested from time to time by the Board of Selectmen.
[Adopted 2-13-1986 STM]
[Amended 6-2-1997 by the Board of Selectmen; 5-11-1998 ATM]
In accordance with Section 4-10(a) of the Charter of the Town of Guilford and as authorized by Section 26-257a of the Connecticut General Statutes, as amended, there shall be one alternate member of the Guilford Shellfish Commission who shall have all of the powers and duties vested in members of Shellfish Commissions by the General Statutes of the State of Connecticut, as the same may be amended from time to time, and as provided in the ordinance enacted by the Board of Selectmen on March 24, 1984, creating a Shellfish Commission.[1]
[1]
Editor's Note: See Art. I of this chapter.
[Amended 5-11-1998 ATM]
Said one alternate member shall be appointed by the Board of Selectmen in accordance with Section 4-1 of the Charter of the Town of Guilford.
[Amended 6-11-2003 by the Board of Selectmen]
An alternate member of the Guilford Shellfish Commission shall be an elector and resident of the Town of Guilford and shall vacate his position upon ceasing to be an elector or resident of the Town of Guilford.
[Amended 6-11-2003 by the Board of Selectmen]
All appointments shall serve for a term of four years or until a successor is appointed and qualified. Vacancies shall be filled for the unexpired term by the Board of Selectmen.
An alternate member may be removed for caused by the Board of Selectmen in accordance with the procedures set forth in Section 4-11 of the Charter of the Town of Guilford.
[Amended 6-11-2003 by the Board of Selectmen]
An alternate member of the Shellfish Commission shall serve without compensation, except that necessary expenses incurred in the performance of his duties may be paid from an appropriation authorized for the purpose.