[HISTORY: Adopted by the Representative Town Meeting of the Town of Branford 4-8-1987. Amendments noted where applicable.]
There shall be a Shellfish Commission, which Commission shall consist of seven electors of the Town of Branford who shall be appointed by the Board of Selectmen.
All members shall be appointed or reappointed for terms of four years; provided, however, that in order to fully constitute the membership of the Commission and stagger the terms of membership, one new member appointed hereunder shall be appointed for a term of four years, two new members shall be appointed for terms of three years and one new member shall be appointed for a term of two years. Appointments shall become effective and terms shall commence on September 1. Any appointment for the purpose of filling a vacancy shall be for the remainder of the term being filled.
Said Commission shall have charge of all the shellfisheries and shellfish grounds lying in the Town of Branford not granted to others as of the effective date of this chapter and not under the jurisdiction of the Commissioner of Agriculture, including but not limited to all rivers, inland waters and flats adjacent to all beaches and waters within the limits and marine bounds of the Town.
Said Commission shall have the power to take the following actions:
To issue licenses for the taking of shellfish from the above-described waters and fix the fees therefor.
To designate suitable places in the navigable waters of the Town for the planting or cultivating of oysters, clams and mussels.
To designate the quantities of shellfish to be taken.
To designate the sizes of such shellfish which may be taken.
To designate the methods of taking.
To prohibit the taking of shellfish from designated areas for periods not in excess of one year.
All moneys collected by the Commission under the provisions of this chapter shall be paid to the Commission and used by it for the protection and propagation of shellfish under its control.
The Commission shall prepare and periodically update a shellfish management plan. The plan shall be submitted to the Commissioner of Agriculture and the Board of Selectmen for review and comment.
Any person who violates any regulation issued by the Commission pursuant to the provisions of this chapter shall be fined not more than $50 or imprisoned not more than 30 days, or both.
[Added 6-24-1998 ]
No lease, license or transfer of shellfishing grounds owned by the Town of Branford shall be permitted without the approval of the Board of Selectmen. The First Selectman shall execute any documents to effect said lease, license or transfer on behalf of the Town, subject to the applicable provisions of Chapter 73 of the Code of the Town of Branford, as amended, requiring R.T.M. approval for the transfer of any real property of the Town. Notwithstanding the foregoing, no lease, license or transfer of shellfishing grounds owned by the Town of Branford shall be permitted in the following in-shore areas:
North of the state jurisdiction line, between the East Haven/Branford border and near Spectacle Island, including Short Beach Cove and Branford Harbor, as shown on that certain map entitled "Town of Branford Map of Privately Owned Shellfish Beds Western Division, Scale 1 inch = 600 feet, March 1, 1968, Prepared by W. Flanders Smith & Based on Map Prepared Heaton R. Robertson in 1950," (the Western Map), which map is on file with the Branford Town Clerk, to which reference may be had.
North of a line located approximately 1,500 feet off Linden Shore and Indian Neck, said line extending from the northeast corner of Lot 89, as shown on said Western Map, to the southern corner of Lot 101, as shown on said Western Map, to which reference may be had.
North of a line located approximately 1,500 feet off Haycock Point in Hotchkiss Grove, said line extending from the angle point in the eastern boundary of Lot 105 to the northern shore of Rogers Island, as shown on that certain map entitled "Town of Branford Map of Privately Owned Shellfish Beds Eastern Division, Scale 1 inch = 600 feet, March 1, 1968, Prepared by W. Flanders Smith & Based on Map Prepared Heaton R. Robertson in 1950," (the Eastern Map), which map is on file with the Branford Town Clerk, to which reference may be had.
North of privately owned or granted Lots 151 through 349, inclusive, extending from Brown Point in Pine Orchard to the Branford/Guilford border, as shown on said Eastern Map, to which reference may be had.
Editor's Note: This ordinance also provided for the repeal of former § 88-8, Moratorium, added 10-8-1997.
There shall be a moratorium on leasing or licensing of shellfish beds by the Shellfish Commission and the Board of Selectmen for a period of six months from April 8, 1998.